Key Benefits:
Translation 1
(State 1 Er January 2011)
The Swiss Confederation and the Principality of Liechtenstein,
Hereinafter referred to as the Contracting States,
Bearing in mind the long tradition of friendship between the two States,
Wishing to work together to safeguard their common security interests,
Animated by the desire to improve police cooperation under the Agreement of 27 April 1999 between the Swiss Confederation, the Republic of Austria and the Principality of Liechtenstein concerning the cross-border cooperation of the competent authorities in Security and customs matters 3 , effective from 1 Er July 2001,
Concerned to cooperate more closely, in particular in the field of police information systems,
Wishing to combat cross-border dangers effectively through close cooperation in the field of security,
Agreed to the following provisions:
(1) This Agreement governs cooperation between the Swiss Confederation and the Principality of Liechtenstein in the fields related to the Automatic Fingerprint Identification System (AFIS) and the profile-based information system Of DNA.
(2) The aim is to improve the effectiveness of criminal prosecution while respecting the principle of data protection and, in particular, to establish links between several offences and to identify persons living, dead or missing.
(1) The Principality of Liechtenstein shall adopt in its national law the material provisions of the Swiss federal legislation referred to in the Appendix to this Agreement, as follows: In addition, the competent authorities of the Principality of Liechtenstein respect the directives and regulations made in this regard by the Swiss Federal Authorities. The Appendix is amended or completed in accordance with paras. 2 and 3.
(2) The Appendix is an integral part of this Agreement. It can be modified through diplomatic channels.
(3) The Swiss Confederation shall, in due course, inform the Principality of Liechtenstein of the proposed amendments to the law relating to the provisions mentioned in the Appendix and its application, with a view to their resumption by the Principality of Liechtenstein. In the event of conflicts of interest, the Contracting States shall endeavour to find common solutions.
The competent authorities of the Principality of Liechtenstein shall have the same rights and obligations as the cantonal authorities of the Swiss Confederation in cross-border cooperation, provided that this Agreement does not provide otherwise. The Swiss Federal Authorities have the same rights and obligations to the Principality of Liechtenstein as to the cantonal authorities.
The following shall be responsible for the implementation of this Agreement and for the procedure laid down in Art. 2, para. 2 and 3, the Federal Police Office, attached to the Federal Department of Justice and Police, for the Swiss Confederation, and the "Landespolizei", for the Principality of Liechtenstein.
The two Contracting States constitute a joint commission. It shall deal with matters relating to the interpretation and application of this Agreement. It acts by mutual agreement.
The cooperation provided for in this Agreement shall apply the respective national data protection provisions, provided that this Agreement does not otherwise provide for such cooperation.
The data transmitted in the context of this Agreement may be given to a third State only with the prior written consent of the Contracting State which collected and transmitted the data.
(1) Every person has the right to ask whether a DNA profile or a fingerprint or palmar is recorded in the information systems.
(2) The Liechtenstein authorities shall transmit directly to the Federal Police Office the requests addressed to them.
(3) The Federal Office of the Police shall, in general, reply in writing, free of charge, to an agreement with the "Landespolizei" of the Principality of Liechtenstein, at the request of persons whose data were collected by the Liechtenstein authorities. The Principality of Liechtenstein may prevent or restrict the provision of information by the Federal Office of the Police, or even defer the granting thereof, to the extent that:
The data transmitted by the Liechtenstein authorities under this Agreement, namely the control number of the process and the corresponding personal data or information on the places of crime, may be processed In the computerized system for the management and indexing of files and persons (IPAS) or in the central information system on migration (SYMIC).
1 New content according to the exchange of notes of March 10, 2011, in force since 1 Er Jan 2011 ( RO 2011 2293 ).
The Swiss authorities may not propose or provide to the Federal Archives any data which has been collected by the Liechtenstein authorities and transmitted under this Agreement without the prior agreement of the Government of the Principality of Liechtenstein.
(1) The Contracting States shall, in accordance with their national law, be responsible for any unlawful damage caused to a person in the performance of this Agreement.
(2) The requested Contracting State may lodge an appeal against the other Contracting State, depending on the level of liability of the other Contracting State, in order to be reimbursed in whole or in part the damages paid to the injured persons or to their successors in title Right.
(1) The Principality of Liechtenstein shall pay to the Swiss Confederation an annual lump sum of 30 000 francs as a contribution to the costs relating to infrastructure, staff, data transmission, organisation of training and Development, maintenance of equipment and management of the AFIS system and information system based on DNA profiles, as well as administrative tasks related to correspondence. This lump sum can be changed through diplomatic channels.
(2) Other costs relating to benefits provided by other claimants shall not be the subject of this Agreement.
Samples taken by the Liechtenstein authorities which are transmitted for processing in the Swiss information systems must, on the one hand, fulfil the sampling conditions referred to in the relevant provisions of the Swiss federal legislation listed in the Appendix and, on the other hand, ensure the possibility of comparing DNA profiles.
The fingerprinting of asylum-seekers and persons to be protected by the Liechtenstein authorities and transmitted for processing in Swiss information systems shall be carried out in accordance with the provisions of the Of Swiss Federal legislation in this field.
(1) This report is subject to ratification. It will enter into force on the day following the exchange of instruments of ratification.
(2) This Agreement shall be concluded for an indefinite period. Each Contracting State may denounce it by diplomatic means, subject to written notification. The Agreement will be repealed six months after receipt of the denunciation.
(3) The Swiss Party shall undertake the registration of this Agreement with the General Secretariat of the United Nations, in accordance with Art. 102 of the United Nations Charter 1 .
In witness whereof, The Plenipotentiaries have signed this Agreement.
Done at Vaduz, in two copies in German, on December 15, 2004.
| RS |
Act |
RO |
| 312.0 |
Swiss Code of Criminal Procedure of 5 October 2007 (Code of Criminal Procedure, CPP) Are applicable Art. 255 to 259 relating to DNA analysis concerning the collection of samples and profiling in criminal proceedings, for transmission to the Swiss authorities for processing. |
2010 1881 |
| 363 |
Federal Act of 20 June 2003 on the use of DNA profiles in criminal proceedings and on the identification of unknown or missing persons (DNA profiles law) Are applicable Art. 1 A , 2, 6, 8, 9, 11, para. 1, 2 and 4, s. 13, para. 2, art. 14, 15, para. 1, art. 16, para. 1, let. A to f et al. 2 to 4, para. 17, para. 1, art. 18, 19, 20, para. 2 and art. 23, para. 1. |
2004 5269 2010 1573 |
| 363.1 |
Order of 3 December 2004 on the use of DNA profiles in criminal proceedings and on the identification of unknown or missing persons (DNA profiles order) Are applicable Art. 1, 2, para. 1, art. 6, 8 to 11, 12, para. 1 and 2, art. 14, 15 and 19. |
2004 5279 2005 3337 2008 4943 |
| 361.3 |
Order of 21 November 2001 on the processing of biometric data Are applicable Art. 2, 8, let. A to c and e, art. 8 A , art. 13, para. 1, art. 14 to 16 and 17, para. 2. |
2002 171 2004 2577 2006 957 2006 1945 2008 4943 |
1 New content according to the exchange of notes of March 10, 2011, in force since 1 Er Jan 2011 ( RO 2011 2293 ).
