Key Benefits:
(art. 3, para. 3, LD)
1 The Swiss customs enclaves are the Samnaun and Sampuoir valleys.
2 The customs frontier follows, in relation to the customs territory, the following route: from the Piz Roz, the border takes the direction of the southeast, passes through the Piz Chamins, then by the Stammerspitz, then heads towards the east and reaches the summit of the Muttler; from there, it takes the direction of the northeast, passes successively by the Piz Mundin, the Piz MezdĂ® and point 2248, then reaches the Schergenbach by the line of land which limits the valley of Sampuoir on the side of the Fernertobel.
(art. 3, para. 3, LD)
1 In the Swiss customs enclave, the Customs Administration (AFD) may in particular: 1
2 The competence of other federal authorities and cantonal authorities in the execution of legislative acts of the Confederation other than customs is reserved.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 4, para. 2, LD)
1 The municipal authority responsible for issuing building permits requires the authorisation of the AFD 1 For construction projects referred to in s. 4, para. 2, LD. The plans and descriptions of the construction project are attached to the application.
2 In the authorisation, the AFD determines what arrangements are to be made and how they should be maintained. It regulates the right of way for AFD staff.
3 It may, in the authorization, make a contribution from the owner of the land to the additional costs of monitoring the customs border caused by construction or facilities.
1 New expression according to c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ). This mod has been taken into account. Throughout the text.
(art. 5, para. 2, LD)
As defined in Art. 5, para. 2, LD, is defined as:
(art. 8, para. 2, let. A, LD)
Exemptions granted under international customs may be restricted or temporarily suspended or permanently suspended for goods originating in States which do not grant reciprocity.
(art. 8, para. 2, let. A, LD)
1 Goods for the personal use of foreign heads of state and members of their families living in their household are allowed duty free.
2 Duties relief for goods intended for institutional beneficiaries and persons benefiting from privileges, immunities and facilities referred to in s. 2 of the Act of 22 June 2007 on the Host State 1 Is governed by:
(art. 8, para. 2, let. A, LD)
The following are admitted free:
(art. 8, para. 2, let. A, LD)
1 The following are admitted free:
2 For gifts of honour, a request for duty-free entry must be made to the Customs Arrondissement Directorate prior to importation.
(art. 8, para. 2, let. A, LD)
1 Investment goods and equipment of foreign companies transferring their business to the customs territory shall be admitted free of:
2 Are subject to customs duties:
(art. 8, para. 2, let. A, LD)
Reservations on international train service cars are admitted free of:
(art. 8, para. 2, let. A, LD)
1 Reserves on board cargo vessels and ships in line traffic shall be admitted free of:
2 Reserves on board other vessels shall be admitted duty free if vessels do not berth at ports, embarkations or buoys located in the customs territory.
3 The addition of reservations which do not arise from the free practice of the customs territory is prohibited.
4 The following are deemed to be on board ships the fuels, lubricants and goods for use or for sale on board, including consumables. The spare parts and equipment of the vessel are not considered to be on board vessels.
(art. 8, para. 2, let. A, LD)
1 Reserves intended for the supply of passengers or for sale on board an aircraft shall be admitted free of duty if they remain on board.
2 Spare parts and equipment are admitted free of duty if they remain on board foreign aircraft.
(art. 8, para. 2, let. B, LD)
The following are admitted free:
(art. 8, para. 2, let. C, LD)
1 Moving effects imported by immigrants are admitted free. 1
2 Moving effects must be imported at a date close to the date of the home transfer. Subsequent shipments must be announced at the time of the first importation. If there is an obstacle to the importation of moving effects, the deductible may be granted after the removal of this obstacle.
3 The following are deemed moving effects:
4 Household objects and personal objects, with the exception of means of transport, natural persons domiciled in the foreign customs territory who acquire or rent a house or an apartment in the customs territory for their use Exclusive personnel, are considered moving effects if the other conditions set out in para. 3, let. A, are fulfilled and if the importation takes place on a date close to that of the conclusion of the contract of sale or lease.
5 Natural persons who transfer their domicile from the foreign customs territory to the customs territory shall be deemed immigrants. Persons who have resided for at least one year on the foreign customs territory without giving up their residence in Switzerland are assimilated to immigrants.
1 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
2 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
(art. 8, para. 2, let. C, LD)
1 The marriage trousseau of a person who marries another person domiciled in the customs territory and who transfers his domicile to the customs territory shall be admitted free.
2 Are deemed to be a wedding ring:
3 The deductible is limited to objects that are intended for the common household and that were previously in free circulation in the country of residence of the immigrant partner.
4 The wedding ring must be imported within six months of the marriage. Subsequent shipments must be announced at the time of the first importation. If there is an obstacle to the importation of the wedding ring, the exemption may be granted after the removal of the obstacle.
5 The marriage breakdown includes the household effects of immigrant couples whose marriage took place less than six months before the transfer of residence. The importation must take place within three months of the transfer of residence.
6 Partnership registered within the meaning of the law of 18 June 2004 on partnership 1 Is assimilated to marriage, as well as any similar community of life established under foreign law. 2
1 RS 211.231
2 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 8, para. 2, let. C, LD)
1 The estate effects are admitted free of:
2 The following are deemed effects of succession:
3 The inheritance effects must be imported within one year of the inheritance. If the heir or the legatee proves that an obstacle is opposed to importation, the exemption may be granted after the removal of the obstacle.
4 The effect of succession that the testator has used for at least six months and that he has bequefied his or her living to an heir as the advancement of a hoot shall also be admitted free of charge.
5 The effect of estates in excess of 100 000 francs must be the subject of a request for duty-free admission to the Directorate of Customs Arrondissement prior to importation.
(art. 8, para. 2, let. D, LD)
1 Goods given to recognized organizations or self-help self-help organizations or individuals within the meaning of s. 2, para. 1, of the Federal Act of 24 June 1977 on assistance 1 Are admitted free.
2 The gift must be appropriate for the purpose of alleviating the indigence or damage.
3 The application for duty-free entry must be submitted to the Customs Arrondissement Directorate prior to importation. 2
1 RS 851.1
2 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
(art. 8, para. 2, let. E, LD)
1 Motor vehicles for invalids shall be admitted free of:
2 In addition, motor vehicles shall be admitted free of motor vehicles which are used by recognised public utility organisations to operate a transport service for disabled persons.
3 The application for duty-free entry must be submitted to the Directorate of Customs Arrondissement. Franchise is granted only once per six year period.
(art. 8, para. 2, let. F, LD)
1 The objects for teaching and research shall be admitted free only:
2 Materials of human, animal or plant origin shall be admitted free of duty if they are imported by or directly for medical or research purposes by medical institutions or hospitals.
3 Consumable materials, auxiliary materials and exercise materials are subject to customs duties.
4 The application for duty-free entry must be submitted to the Customs Arrondissement Directorate prior to importation. 1
5 If duty-free items are to be handed over to third parties in the customs territory, an authorisation must be sought prior to the AFD. The latter decides on the subsequent payment of customs duties. The customs debt shall be incurred at the time of surrender.
1 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
(art. 8, para. 2, let. G, LD)
1 Art and exhibition objects for museums accessible to the public are admitted free if they are imported by the museums themselves or directly for the latter and if they are not given to third parties.
2 Such objects are also admitted free if they are exposed:
3 The application for duty-free entry must be submitted to the Customs Arrondissement Directorate prior to importation. 1
4 If articles of art and exhibition imported free of duty are to be used for other purposes, an authorization must be sought prior to the AFD. The latter decides on the subsequent payment of customs duties. The customs debt is incurred at the time of the change in use.
1 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
(art. 8, para. 2, let. H, LD)
1 Devices and devices for the examination and treatment of patients are admitted free of charge if they are imported by or directly from hospitals or similar institutions.
2 The application for duty-free entry must be submitted to the Customs Arrondissement Directorate prior to importation. 1
3 If duty-free instruments and apparatus are to be handed over to third parties in the customs territory, an authorisation must be requested in advance of the AFD. The latter decides on the subsequent payment of customs duties. The customs debt shall be incurred at the time of surrender.
1 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
(art. 8, para. 2, let. I, LD)
1 Original works which an artist domiciled in the customs territory has created during a temporary stay of study abroad shall be admitted free if they are the property of the artist at the time of importation.
2 A study period includes training or development:
3 The application for duty-free entry must be submitted to the Customs Arrondissement Directorate prior to importation. 1
1 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
(art. 8, para. 2, let. J, LD)
1 For persons domiciled in the border area located in the customs territory (Swiss border area), they are admitted free:
2 For persons domiciled in the foreign border area, they are admitted free:
3 The products of fields, meadows, field crops and orchards, as well as wood and peat, are considered to be raw materials.
4 Agricultural products include beef cattle, milk, cheese, wool, honey, hens, eggs, crustaceans and fish.
5 For the granting of the deductible, the raw materials of the soil shall not have been subjected to any other manipulation other than that necessary for the harvesting and transport.
6 Free admission is granted only to persons:
(art. 8, para. 2, let. J, LD)
1 The following shall be admitted free of fresh or trampled grapes from land in the foreign border area, up to a total quantity of 4.2 tonnes per year of harvest, or the wine which has been drawn up to 30 hectolitres, if those products Are imported by the operator or its employees.
2 Imported grapes and wine that exceed the quantity set out in para. 1 are subject to customs duties. For excess quantities, customs duties are reduced as follows:
(art. 8, para. 2, let. J, LD)
1 Goods of market traffic shall be admitted free of duty up to a total quantity of 100 kilograms gross per day and per person:
2 Market traffic includes vegetables, fresh fish, crustaceans, frogs, snails and cut flowers.
3 The person who imports must have his or her domicile in the foreign border area and is not permitted to acquire the goods from third parties in order to resell it.
4 The derogations contained in the bilateral border agreements are reserved.
(art. 8, para. 2, let. J, LD)
Fresh fish caught in the border waters are admitted free of charge:
(art. 8, para. 2, let. K, LD)
1 The following are admitted free:
2 Samples and specimens of goods as well as sets of samples that are imported on order as trade goods are subject to customs duties.
(art. 8, para. 2, let. L, LD)
Packing equipment and materials returned empty to the consignor in the customs territory shall be admitted free of duty.
(art. 8, para. 2, let. M, LD)
1 The Confederacy's war material was admitted free.
2 The civil protection equipment imported by the Confederation and the cantons was assimilated to the war material of the Confederation. 1
1 New content according to the c. III 2 of the O of 30 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5903 ).
(art. 9 LD. 1
1 Goods for temporary admission into the customs territory shall be admitted free of:
2 Goods with temporary admission for more than two years may continue to be used in partial relief of customs duties for up to three additional years. The customs duties shall be fixed, for each whole month or commenced, at 3 % of the amount that would have been collected during the free circulation of the goods, but at the maximum to that amount.
3 In special cases, AFD may shorten the time limit under para. 1, let. C. It lays down the period within which the goods must be re-exported or placed under another customs procedure.
4 If the conditions listed in para. 1 are fulfilled, the system of temporary admission is deemed to be authorised.
5 If there are significant grounds for monitoring the temporary entry regime, AFD may submit this regime with express authorization.
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 9, para. 1 and 2, LD)
1 Goods originating from the free circulation for temporary entry into the foreign customs territory shall be admitted free at the time of their re-importation:
2 For important reasons, AFD may extend the period prescribed in para. 1, let. B.
(art. 9, para. 2, LD)
For important reasons, AFD may authorize the temporary entry regime even if all conditions are not met.
(art. 9, para. 2 and 3, LD)
AFD may exclude the temporary entry regime:
(art. 9, para. 1 and 2, LD)
1 Temporary admission of foreign transport for internal transport for commercial purposes is prohibited, subject to paras. 4 and 5.
2 The AFD may authorise persons having their registered office or domicile in the customs territory to benefit from the temporary admission of a foreign means of transport for cross-border transport for commercial purposes on a temporary basis:
3 A foreign trailer assigned to the carriage of things, introduced on customs territory for commercial purposes and towed by an indigenous vehicle, may benefit from temporary duty-free entry for cross-border transport. It must be re-exported after the transport for which it was imported.
4 AFD may, for internal transport, authorise temporary entry into customs territory free of foreign transport, in particular where the applicant proves that:
5 Foreign railway vehicles may be temporarily admitted free of duty in the customs territory for the transport of persons and goods:
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 9, para. 2, LD)
1 AFD permits the temporary admission of a foreign means of transport for personal use for persons domiciled outside the customs territory who enter Switzerland for employment, training or development, or for reasons Analogues.
2 It may authorise the temporary admission of a foreign means of transport for personal use for persons domiciled in the customs territory:
(art. 9, para. 2, LD)
1 AFD allows, for persons domiciled in the customs territory, the temporary admission, for personal use, of foreign means of transport which are occasionally rented, in the context of a written contract, to a Rental company located in the foreign customs territory.
2 These means of transport must be re-exported or returned to the leasing company in the customs territory within eight days of the entry into force of the contract.
3 If the means of transport is imported into the customs territory, whereas the entry into force of the contract dates back more than five days, a period of three days shall be granted in all cases for re-export or refund.
4 The AFD may authorise leasing undertakings in the customs territory to lease foreign means of transport if these means of transport are:
(art. 9, para. 3, LD)
After cross-border use, containers within the meaning of the Customs Convention of 2 December 1972 relating to containers 1972 1 May be used for single transport within the customs territory (Art. 9, para. 1, and Annex 3 to the Customs Convention).
1 RS 0.631.250.112
(art. 11 LD)
1 If the customs duty refund claim was omitted from the customs declaration submitted at the time of export (s. 79), a subsequent application may be made within 60 days after re-exportation of the goods.
2 The identity of the goods must be proved.
(art. 11, para. 4, LD)
The rebate is available on request to the taxable person if the foreign supplier reimburses the person for the goods to be destroyed.
(art. 12 and 59 LD)
For inward processing traffic, the following means:
(art. 12, para. 2, LD)
1 In equivalence-based traffic, goods introduced into the customs territory for development may be replaced by indigenous goods. The latter must be of the same quantity, condition and quality as the goods entered on the customs territory.
2 Equivalency-based traffic is applied:
3 The indigenous goods may be exported as a compensating product from the day on which the AFD has granted the inward processing authorization.
(art. 12, para. 1, LD)
1 In identity-based traffic, goods entering the customs territory for development must be re-exported as compensating products.
2 Identity-based traffic is applied if the person subject to it applies.
3 The AFD prescribes identity-based traffic if the conditions applicable to equivalence-based traffic are not met.
4 In identity-based traffic, AFD sets control-related charges in the inward processing authorization. In particular, it may prescribe the separate storage and processing of goods brought into the customs territory.
(art. 12, para. 3, LD)
1 Deemed agricultural products and basic agricultural products within the meaning of s. 12, para. 3. Lots of foodstuffs which lend themselves to consumption and processing and from the cultivation of plants and the custody of livestock, within the meaning of Art. 3, para. 1, let. A, of the Act of 29 April 1998 on Agriculture 1 , which are produced in the customs territory.
2 The Federal Department of Finance (DFF), in agreement with the Federal Department of Economics, Training and Research 2 Agricultural products and basic agricultural products for which the conditions for the granting of inward processing traffic listed in Art. 12, para. 3, LD are generally completed. The equivalency-based traffic applies to these goods.
(art. 12, para. 4, LD)
1 For goods to be destroyed in the customs territory, AFD grants:
2 AFD may require that the destruction be monitored by a customs office.
3 For goods that do not have to be destroyed, the subject person may request that they be used in the customs territory for the redevelopment, as fertilizer or for similar purposes. In these cases, the AFD grants a reduction in customs duties. The use of the goods must be proved in the application.
4 The request for refund, relief or reduction of customs duties shall be made to the Customs Branch or to a customs office designated by the Customs Branch within the time limit for the re-export of the goods and before the Destruction or use in the customs territory of the goods originally intended for destruction.
(art. 13 and 60 LD)
The definitions in s. 40 also applies to outward processing traffic.
(art. 13, para. 2, LD)
1 In equivalence-based traffic, goods transported outside the customs territory for development may be replaced by foreign goods. The latter must be of the same quantity, condition and quality as the goods transported outside the customs territory.
2 Equivalency-based traffic is applied:
3 Foreign goods may be introduced into the customs territory as a compensating product from the day on which the AFD has granted the outward processing authorisation.
(art. 13, para. 1, LD)
1 In identity-based traffic, goods transported outside the customs territory for development must be reintroduced into the customs territory as a compensating product.
2 Identity-based traffic is applied if the person subject to it applies.
3 The AFD prescribes identity-based traffic if the conditions applicable to equivalence-based traffic are not met.
4 In identity-based traffic, AFD may make the granting of a outward processing authorisation subject to the condition that the foreign agent has authorization from the foreign customs authorities for inward processing In identity-based traffic.
(art. 13, para. 1 and 2, LD)
The AFD grants the exemption from customs duties for the compensating products entered on the customs territory.
(art. 13, para. 3, LD)
1 AFD collects the customs duties for the excess weight resulting from the development. These duties are calculated according to the tariff classification of the countervailing product introduced in the customs territory.
2 If the added value resulting from the development cannot be captured on the basis of the excess weight or if the customs duties for the excess weight referred to in para. 1 is disproportionate, the AFD may grant a reduction or exemption from customs duties.
3 AFD calculates the reduced customs duty by applying the following method to best capture the added value resulting from the development:
4 The reduced rate of duty shall be fixed in the expenses inherent in the outward processing authorization.
(art. 14, para. 2, LD)
There is an economic need within the meaning of s. 14, para. 2, LD:
(art. 14, para. 1, LD)
1 A person who intends to apply for a reduced rate based on employment must file an appropriate written employment agreement with the Customs Branch prior to the first customs declaration.
2 At the latest 20 days after receipt of all the supporting documents, the Directorate General of Customs shall make its decision on the approval of the employment commitment and shall, where appropriate, assign a commitment number. 1
1 New content according to the c. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 14, para. 1, LD)
1 The person subject to the obligation to report must, in the customs declaration:
2 The Customs Branch may authorize the indication of another person's commitment number where specific logistical or commercial conditions require it.
(art. 14, para. 1, LD)
1 Goods taxed at a reduced rate for a specified job must be used:
2 They may be returned to a third party for employment in accordance with the corresponding employment commitment. In this case, the person who submits the goods must inform the third party about their employment.
(art. 14 LD.
The DFF regulates the control and security measures for the observation of the specified employment as well as the customs declaration and subsequent payment or refund of customs duties in the event of a change in employment within the meaning of Art. 14, para. 4 and 5, LD.
(art. 15, para. 2, LD)
Every person who still has agricultural products in the marketing chain within the meaning of s. 7 of the order of 7 December 1998 on the import and export of vegetables, fruit and horticultural plants (OIELFP) 1 Must submit a new customs declaration for these products.
1 RS 916.121.10
(art. 15, para. 2, LD)
1 The person subject to the obligation to report is exempt from the payment of the difference in customs duties under s. 15 LD if agricultural products within the meaning of s. 7 A OIELFP 1 Of which it has a share of the tariff quota allocated to it.
2 Where applicable, the person subject to the obligation to report must request relief from the payment of the difference in customs duties in the customs declaration. It shall attach to the customs declaration a written declaration confirming that its share of the tariff quota has been reduced accordingly. This certificate is established via the secure Internet application.
1 RS 916.121.10
(art. 15, para. 2, LD)
1 The customs declaration must be accompanied by an overview of the various storage sites for agricultural products still available in the marketing circuit at the beginning of the period administered under s. 7 IELFP 1 ; this should include an accurate indication of the location, the designation of the goods, the customs tariff number and the net mass.
1 RS 916.121.10
2 Repealed by c. II of the O of 14 Nov 2007, with effect from 1 Er Jan 2008 ( RO 2007 6265 ).
(art. 15, para. 2, LD)
1 At the request of the AFD, the holder of an ERP must provide a list of all the agricultural products delivered to third parties that he imported during the non-administered period, before the expiry date set out in s. 7, para. 1, OIELFP 1 .
2 The list must contain the following particulars:
1 RS 916.121.10
(art. 15, para. 2, LD)
For agricultural products still available within the meaning of Art. 7 IELFP 2 , the customs declaration must reach the Directorate General of Customs by secure Internet access no later than 24 hours on the second day of the period defined in Art. 7, para. 1, OIELFP. If this day falls on a Sunday or a statutory holiday recognized by federal law, the customs declaration must be sent to the Customs Branch at no later than 08 hours on the first next working day.
1 New content according to the c. II of the O of 14 nov. 2007, in force since 1 Er Jan 2008 ( RO 2007 6265 ).
2 RS 916.121.10
(art. 15, para. 2, and 33, para. 2, LD)
Complete customs declarations that reach the Customs Branch on time are deemed to be accepted within the meaning of s. 33 LD.
(art. 15, para. 2, LD)
Any person who issues imported agricultural products to a third party during the non-administered period shall draw the attention of the third party, in writing, to the obligation to submit a new customs declaration within the meaning of s. 55.
1 New content according to the c. II of the O of 14 nov. 2007, in force since 1 Er Jan 2008 ( RO 2007 6265 ).
(art. 15, para. 2, LD)
1 AFD may appeal to the Federal Office of Agriculture for checks within the meaning of Art. 55 performed in the home of persons subject to the reporting obligation.
2 The Federal Office of Agriculture may, in this case, carry out the physical control of the type, quantity and condition of agricultural products, claim all necessary information and verify the data, documents, systems and Information that may be important in the performance of s. 15 LD.
3 It transmits the results of the control to the AFD for execution.
(art. 16, para. 1, LD)
1 The personal effects listed in Schedule 1 that are imported in a reasonable quantity are allowed:
2 The personal effects of persons referred to in para. 1 pre-ship or are sent after the fact.
3 AFD may require the placing of new or dutiable items under the transit procedure or under the temporary admission procedure.
(art. 16, para. 1, LD)
Ready-to-eat foodstuffs and non-alcoholic beverages are admitted free of duty within the limits of a person's daily consumption.
(art. 16, para. 1, LD)
1 In addition to duty-free goods referred to in s. 63 and 64, the goods of tourist traffic are exempt from customs duties.
2 For the following goods, the maximum quantities exempt from customs duties shall be fixed as follows:
|
1 kg |
|
1 l/kg |
|
5 l/kg |
|
5 l, and 1 l |
|
250 pieces, or 250 grams, or |
|
25 l |
1 New content according to the c. I of the O of 2 Apr. 2014, in force since 1 Er Jul. 2014 ( RO 2014 979 ).
2 RS 641.611
(art. 16, para. 1, LD)
1 The franchises provided for in s. 65, para. 2, let. A to e, are granted only to the goods of the tourist traffic that persons are importing for their personal needs or to give them a gift.
2 The franchises provided for in s. 64 and 65, para. 2, let. A to e, are only granted once a day to the same person.
3 The franchises provided for in s. 65, para. 2, let. D and e are only granted to persons 17 years of age or older.
4 The exemption provided for in s. 65, para. 2, let. F, is granted per vehicle.
1 New content according to the c. I of the O of 2 Apr. 2014, in force since 1 Er Jul. 2014 ( RO 2014 979 ).
1 Repealed by c. I of the O of 2 Apr. 2014, with effect from 1 Er Jul. 2014 ( RO 2014 979 ).
(art. 16, para. 1, LD)
1 If the conditions for granting franchises are not met, the goods referred to in s. 63 to 65 are subject to fees calculated on a flat rate basis. 1
2 Lump-sum rates include all royalties calculated on the same basis as the customs duties.
3 The FDFF sets the flat rates.
1 New content according to the c. I of the O of 2 Apr. 2014, in force since 1 Er Jul. 2014 ( RO 2014 979 ).
(art. 17, para. 1 and 1 Bis , LD.) 1
1 In duty-free shops, the following goods may be sold free of charge to travellers who take a flight to the foreign customs territory or who arrive from the foreign customs territory: 2
2 Storage is governed by the provisions applicable to open customs warehouses.
1 New content according to the c. I of the O of 20 Apr. 2011, effective from 1 Er June 2011 ( RO 2011 1747 ).
2 New content according to the c. I of the O of 20 Apr. 2011, effective from 1 Er June 2011 ( RO 2011 1747 ).
(art. 17, para. 2, LD)
1 The following are deemed to be a supply of goods for the onboard buffets:
2 Storage is governed by the provisions applicable to open customs warehouses.
(art. 20, para. 1, LD)
1 The tariff classification is based on Schedule 1 of the Customs Tariff Act of October 9, 1986 (LTaD) 1 .
2 The interpretation of Schedule 1 of the Customs Tariff Act of October 9, 1986, is to be based on the Explanatory Notes to the Customs Tariff and the Customs Tariff Classification Decisions published by AFD.
(art. 20, para. 1, LD)
The determination of preferential origin is based on:
1 New content according to the c. I of the O of 22 Apr. 2009, effective from 1 Er June 2009 ( RO 2009 1661 ).
2 RS 632.421.0
3 RS 632.319
4 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
5 RS 946.39
(art. 20, para. 1, LD)
1 The request for the granting of binding tariff or origin information shall contain the following particulars:
2 In order to obtain origin information, the following data must be provided in addition to the application:
3 The necessary samples, photos, plans, catalogues and specialized works should be attached.
4 AFD requires the applicant to complete the application within an appropriate time frame if it is insufficiently documented. It may refuse to provide the tariff or origin information if the application remains incomplete despite the formal notice.
4bis AFD provides tariff and/or origin information no later than 40 days after receipt of all supporting documentation. 1
5 It may keep the documentation provided without any obligation to compensate.
1 Introduced by ch. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 20, para. 5, LD)
1 Written information about the tariff classification that is revoked by AFD before the expiry of its validity may still be used by the AFD for three months from publication or communication if it proves that, Prior to revocation, it entered into a legally binding contract for the subject goods.
2 L' al. 1 is not applicable in the case of amendments to the law.
(art. 21 LD)
In particular are deemed to be subject to the obligation to conduct the goods:
(art. 22, para. 3, LD)
Travellers who do not introduce goods into the customs territory are exempt from the obligation to use the customs routes to the extent that the legislative acts of the Confederation other than customs permit.
(art. 24, para. 3, LD)
1 The goods in the custody of the AFD must not be changed to the type, quantity and condition of the goods.
2 Admitted, with the authorization of the customs office:
(art. 24, para. 3, LD)
The custody of the AFD ends with the release by the customs office of the goods presented.
(art. 25, para. 1 and 2, LD)
1 In the customs declaration, the person subject to the obligation to declare must, if applicable, in addition to provide the other prescribed particulars:
1 Introduced by c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 25, para. 1, LD)
1 Supporting documents are deemed to be of importance for placing under customs procedure, in particular authorisations, transport documents, invoices, delivery bulletins, loading lists, etc. Proof of weight, proof of origin, taxation instructions, certificates of analysis, other certificates and official certificates.
2 If the person subject to the obligation to declare does not submit the necessary accompanying documents within the period laid down by the AFD, the customs office permanently taxes, at the highest rate applicable to their type, the goods for Which a reduction or exemption from customs duties or customs relief is requested.
1 AFD grants to originating products, without presentation of proof of origin, preferential taxation within the meaning of one of the free trade agreements cited in Annex 1 to the order of 18 June 2008 on free trade 1 2 Or Annex 1 to the order of 27 June 1995 on free trade 2 3 :
2 The renunciation of the presentation of proof of origin for products originating in one of the countries or territories listed in Annex 1 to the order of 16 March 2007 on tariff preferences 4 Is governed by the order of 30 March 2011 concerning the rules of origin 5 .
(art. 25, para. 4, LD)
The person subject to the obligation to declare has the right to:
(art. 27, let. D, LD)
1 The person subject to the obligation to declare must proceed or cause the destruction of the goods within the period specified by the AFD.
2 If the person subject to the obligation to report does not comply with that obligation, the customs office may order the destruction at the expense of that person.
3 A customs destination in accordance with Art. 27, let. A to c, LD shall be allocated to the waste and debris resulting from the destruction.
(art. 27, let. E, LD)
1 Abandonment of goods for the benefit of the Federal Fund shall be accepted only with the authorization of the AFD.
2 The goods are made by AFD. The potential costs resulting from the abandonment of the goods are borne by the person subject to the obligation to report.
3 Instead of making their sale voluntarily, AFD may hand over the goods to recognized public utility organizations or works of assistance or to indigent persons.
(art. 32, para. 1 and 2, LD)
Summary control includes:
(art. 34 LD)
The customs office may require the person subject to the obligation to declare that the person has written a request for correction or withdrawal of the accepted customs declaration.
(art. 34 LD)
The correction may relate only to the goods originally declared.
(art. 34, para. 2, LD)
1 The person subject to the reporting obligation may submit an application for correction of the accepted customs declaration for goods that are no longer under the custody of the AFD.
2 The customs office accepts the request:
(art. 34, para. 3 and 4, let. A, LD)
An error may be cited as follows:
(art. 34, para. 3 and 4, let. B, LD)
The conditions for a new taxation are considered to be fulfilled in particular if, at the time of the initial customs declaration:
(art. 25, para. 3, and 36, para. 1, LD)
The customs office may also verify the goods that have been previously declared and have already been released.
(art. 36, para. 4, LD)
On the order of the customs office, the person subject to the obligation to declare must take all the measures necessary for the verification. It must, in particular, at its own expense and at its own risk:
(art. 38 LD)
The customs office shall notify the person subject to the obligation to declare the taxation decision in paper or electronic form.
(art. 39, para. 1, LD)
1 AFD may make interim taxation in the following customs procedures:
2 In particular, provisional taxation is justified:
3 The person subject to the obligation to report cannot apply for interim taxation:
(art. 41 LD)
The following data and documents must be retained:
(art. 41 LD)
The following persons must keep the data and documents listed in s. 94:
(art. 41 LD)
Retention durations are:
1 New content according to the c. 1 of the Annex to the O of 23 May 2012 on the issue of proof of origin, in force since 1 Er Jul. 2012 ( RO 2012 3477 ).
2 Introduced by ch. 1 of the Annex to the O of 23 May 2012 on the issue of proof of origin, in force since 1 Er Jul. 2012 ( RO 2012 3477 ).
(art. 41 LD)
1 The data and documents may be stored in paper form, in electronic form or in a comparable manner. Data transmitted electronically must be kept in electronic form.
4 Proof and certificates of origin must be kept as original as provided for in international treaties or federal law.
(art. 41 LD)
1 The person subject to the obligation to keep must:
2 Access, legibility and exploitation of data and documents must be guaranteed at all times in the customs territory or in a Swiss customs enclave.
3 Art. 9 and 10 of the order of 24 April 2002 concerning the keeping and keeping of account books 1 Are applicable by analogy.
(art. 41 LD)
If AFD performs a control during the retention period (s. 96), it may correct the decision on the taxation of the goods on the basis of the highest rate applicable to their genus at the time of taxation and proceed to the subsequent collection of customs duties:
(art. 42, para. 1, let. A and d, LD)
An authorised consignor is a person authorized by the AFD to ship goods directly from his home or registered premises without having to drive them to a customs office of departure.
(art. 42, para. 1, let. A and d, LD)
A registered consignee is a person authorized by the AFD to receive goods directly at his or her home or in approved premises without having to drive them to a customs office of destination.
(art. 42, para. 1, let. A and d, LD)
A Designated Place is a Designated Place by AFD:
(art. 42, para. 1, let. A and d, LD)
1 The AFD may grant a person subject to the obligation to declare an authorization as an authorised consignor or an authorised consignee if the following conditions are met:
2 The conditions and charges governing the procedure shall be laid down in the authorisation. AFD may exclude specified goods from this procedure.
3 The office of competent departure or destination (control office) shall be established in the authorisation.
4 AFD refuses authorization:
5 It shall make its decision on the authorisation no later than 60 days after receipt of all the supporting documents. 2
6 The holder of the authorisation shall communicate to the AFD all amendments to the conditions on which the authorisation is based. 3
1 New content according to the c. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
2 New content according to the c. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
3 Introduced by ch. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 42, para. 1, let. A and d, LD)
The AFD shall withdraw the authorisation if its holder:
(art. 42, para. 1, let. A and d, LD)
The customs declaration is made electronically.
(art. 42, para. 1, let. A and d, LD)
1 The authorised consignee may submit a simplified customs declaration with a view to a free circulation for a shipment of goods:
2 For a shipment within the meaning of para. 1 not subject to VAT, the authorised consignee may submit the declaration in customs in written form or in another form of expression of the will.
3 Several customs declarations may be issued for a shipment under the following conditions:
4 AFD may refuse authorisation to use the simplified customs declaration, or withdraw authorisation to do so, where the collection of charges or the observation of legislative acts other than customs is at risk or where the Conditions and the charges laid down in the authorisation referred to in Art. 103 are not observed.
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 42, para. 1, let. A and d, LD)
AFD requires the authorised consignee to use the simplified customs declaration if the Price Monitor:
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 38 and 42 LD)
AFD may specify in the authorization within the meaning of s. 103, that no taxation decision is made for shipments referred to in s. 105 A , para. 2.
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 42, para. 1, let. A and d, LD)
The addition or unloading of goods in authorised places shall be permitted only if the identity of the goods driving under the transit procedure is not ensured by a seal.
(art. 42, para. 1, let. A and d, LD)
The authorised consignor's procedure shall apply:
(art. 42, para. 1, let. A and d, LD)
1 The control office may, within a time limit set individually, control the goods declared for export and those under customs supervision.
2 Customs control shall take place at the domicile of the authorised consignor or in a customs office.
3 The control office shall announce the customs control if it cannot be carried out before the expiry of the intervention period.
4 If the control office leaves the period of intervention to expire without making use of it, the authorised consignor may transport the goods to the foreign customs territory or place them under the transit procedure.
(art. 42, para. 1, let. A and d, LD)
The procedure of the authorised consignee shall apply to goods which are carried under the transit procedure in the authorised consignee.
(art. 42, para. 1, let. A and d, LD)
1 The control office may, within a time limit set individually, control the goods declared summarily after their arrival at the home of the authorised consignee.
2 It shall announce the customs control if it cannot be carried out before the expiry of the intervention period.
3 If the control office leaves the period of intervention to expire without taking advantage of it, the authorised consignee may remove the possible customs seals and unload the goods.
(art. 42, para. 1, let. A and d, LD)
1 The authorised consignee shall, without delay, control the goods intended for him or her and make an inventory. It may entrust this work to third parties. He or she shall require the latter to record the result in writing and to transmit it for conservation.
2 It shall without delay communicate irregularities, in particular missing, surplus, substitutions and damage, to the control office, in paper or electronic form. The control office decides on the sequence of operations.
(art. 42, para. 1, let. A and d, LD)
1 The control office may control the goods declared within a specified time limit.
2 Customs control shall take place at the domicile of the authorised consignee or in a customs office.
3 The control office shall announce the customs control if it cannot be carried out before the expiry of the intervention period.
4 If the control office leaves the period of intervention to expire without taking advantage of it, the goods are deemed to be released.
(art. 42 A LD)
1 AFD decides on the granting of the status of authorised economic operator ( Authorised Economic Operator , AEO).
2 An EO is considered reliable with respect to the security of the international supply chain.
3 It has facilities in the field of customs procedure and in the field of customs security checks.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 2, para. 2, LD)
1 Persons may apply for the status of AEO as long as they are registered:
2 The application may be filed at the earliest three years after the revocation of the AEO status within the meaning of s. 8, para. 1, let. A and b of Annex II of the Agreement on customs facilitation and security.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD)
Individuals obtain WEAO status upon request if they meet the criteria set out in s. 112 D At 112 G .
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD)
The customs requirements shall be deemed to be complied with where, in the three years preceding the application, the following persons have not committed serious criminal offences or repeated infringements of the Federal law, to the extent that enforcement is the responsibility of the AFD:
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD)
The commercial records management system and, where applicable, the transport entries, shall permit the making of appropriate customs security checks where the applicant:
(art. 42 A LD) 1
The financial solvency shall be deemed to be proven when the applicant:
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 Introduced by c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
3 RS 281.1
(art. 42 A LD)
Safety and security standards shall be deemed appropriate where the applicant proves that the following conditions are met:
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 The applicants of the Principality of Liechtenstein must respect the provisions of the Liechtenstein law.
2 The corresponding provisions are set out in Annex 5.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 The application for the status of AEO must be submitted to AFD using the official form.
2 The following documents must be attached to the application:
3 AFD shall publish in an appropriate manner the list of documents referred to in para. 2, let. B.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 AFD shall examine within 30 days of receipt of the supporting documents:
2 If the applicant does not comply with these conditions, the AFD shall notify him by means of a decision on non-entry into the matter.
3 The decision not to enter into matter may be appealed within the meaning of Art. 116 LD.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 New content according to the c. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 42 A LD) 1
1 AFD reviews compliance with the criteria set out in s. 112 C At 112 H The examination shall take place on the basis of the documents supplied and the checks carried out at the applicant's home.
2 AFD takes into account the specific characteristics of the applicant's commercial exploitation, such as the type, size and scope of activity.
3 It may request other supporting documents and other information if it deems it necessary for the examination of the application.
4 It documents the review process and its outcome.
5 If the result of the review leads to a rejection of the application, the AFD gives the applicant an opportunity to express and take corrective action within a specified period of time.
6 AFD shall decide on the granting of the status of WEAO within 180 days of the formal examination of the application referred to in Art. 112 J . 2
7 If a criminal proceeding is due to a serious offence or repeated offences within the meaning of s. 112 D Or 112 G , let. A, is pending against a person referred to in s. 112 D And if the outcome of this procedure is decisive in determining whether the conditions for granting the status of WEAO are fulfilled, the AFD suspends the material examination of the application. 3
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 Introduced by ch. I 1 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
3 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 The ability to meet safety and security standards within the meaning of s. 112 G May also be proved by means of an internationally recognised safety or security certificate or a security check carried out by a Swiss Federal Authority. 2
2 AFD recognizes the following evidence: 3
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
3 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
4 Introduced by c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD)
1 The rights and obligations related to the status of AEO are born on the date of notification of the decision.
2 The duration of the validity of the AEO status is not limited.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
If the application is rejected, AFD will inform the applicant accordingly by way of a decision.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 The WEAO shall report immediately to AFD any changes that occur in the area affected by the status of AEO or that could jeopardize the continuation of this status.
2 It shall provide the AFD, at the request of the AFD, with all the information and supporting documents which may be relevant to the performance of the requirements.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 AFD may carry out controls on the commercial exploitation of the applicant or the WEAO.
2 It can control buildings and installations, require information and verify data, documents, systems and information that may be important for the performance of prescriptions.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD) 1
1 AFD has the authority to monitor whether the WEAO continues to meet the conditions and criteria attached to the AEO status.
2 In particular, it shall review:
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 Repealed by c. I of the O of 18 Nov 2015, with effect from 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD)
1 AFD suspends the status of AEO when it finds or has sufficient grounds to think:
2 It also suspends the status of AEO when requested by the WEAO.
3 Suspension shall take effect immediately when the safety, safety and health of citizens or the preservation of the environment requires it.
4 Suspension shall not affect customs procedures initiated before the date of suspension.
5 AFD shall determine the duration of the suspension in an appropriate manner.
6 Once the conditions are met again, the AFD cancels the suspension.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 42 A LD)
1 AFD revoked the status of AEO when a person referred to s. 112 D :
2 It also revoked the status of AEO when requested by the WEAO.
1 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 2, para. 2, LD)
If an international treaty provides for a summary declaration of entry and exit for security purposes, the person subject to the obligation to declare is:
(art. 28, para. 1, let. C and d, and 42, para. 1, let. B, LD)
1 For the goods of tourist traffic, the customs declaration shall take place:
2 If there are difficulties of understanding between the person subject to the obligation to report and the customs office, the customs declaration may be carried out by verification.
(art. 37, para. 3, and 42, para. 1, let. B, LD)
The customs office may waive the written record of the results of the verification of the goods reported in the tourist traffic.
(art. 38 and 42, para. 1, let. B, LD)
In tourist traffic, the customs office only makes a tax ruling for the dutiable goods.
... 6
(art. 42, para. 1, let. C, LD) 1
1 In regional traffic, AFD may, upon written request, authorize a periodic collective declaration for shipments of goods of a uniform nature such as asphalt, gravel, mortar, sawdust, logs and alumina:
1bis It shall make its decision on the authorisation no later than 30 days after receipt of all the supporting documents. 2
2 It shall designate in the authorization the goods for which the periodic collective declaration is applicable.
3 In particular, goods are excluded from the periodic collective declaration:
4 The holder of the authorization shall provide the AFD with a security right for the alleged royalties due for the period of the count.
1 Introduced by ch. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
2 Introduced by ch. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 42, para. 1, let. C, LD)
The AFD shall withdraw the authorisation if its holder:
(art. 43, para. 1, let. A, LD)
1 The operator requesting relief or reduction of customs duties on raw soil, grape and wine products shall submit the following documents to the competent customs office by the end of April of the current year:
2 It must indicate in the supporting document the location of the border by which the imports will take place.
3 The voucher is valid only for the current year and for the products and quantities specified therein.
4 The operator must announce any importation of the goods in the form prescribed by the AFD. 1
1 Introduced by ch. I of the O of 22 April 2009, in force since 1 Er June 2009 ( RO 2009 1661 ).
(art. 43, para. 1, let. A, LD)
1 Animals, machinery and agricultural equipment, as well as other objects used in the operation of land in the Swiss or foreign border area, must be declared under the temporary admission procedure.
2 The DFF regulates border grazing.
3 The customs office may provide procedural facilities and waive the guarantee of the charges.
(art. 44, para. 1, LD)
This section applies to the cross-border traffic of persons and goods carried by railway undertakings.
(art. 44, para. 1, LD)
Railway transport undertakings must transport AFD staff free of charge to carry out the tasks assigned to it in the trains.
(art. 44, para. 1, LD)
1 The infrastructure manager is aware of the AFD's expected schedule for the cross-border movement of goods.
2 It announces in advance to AFD the actual races of the cross-border traffic of persons and goods.
3 AFD agrees on the form, content and timing of announcements with the infrastructure manager.
(art. 44, para. 1, LD)
The staff of the railway transport undertakings shall be obliged to assist AFD staff in the performance of their duties, in the manner required by the AFD.
(art. 44, para. 1, LD)
1 The railway undertaking shall summarily declare the goods on the computerised system of the infrastructure manager before they are entered into the customs territory or transported out of the customs territory.
2 It transmits the data free of charge, in the form published by the infrastructure manager (network access conditions).
3 The infrastructure manager shall immediately forward the summary declaration to the AFD in the prescribed form.
4 Rail transport undertakings using narrow-track sections are exempt from the summary declaration.
(art. 44, para. 1, LD)
Baggage checked abroad which is transported in the state through the customs territory shall not be presented or reported.
(art. 44, para. 1, LD)
This section applies to the cross-border traffic of persons and goods carried by public transport undertakings by tram or by bus.
(art. 44, para. 1, LD)
Tramway or bus companies must transport AFD staff free of charge to carry out the tasks assigned to them in the trams and buses.
(art. 44, para. 1, LD)
1 In the cross-border traffic of persons, the transport undertaking by tram or by bus announces to the AFD the non-regular races no later than the day before the execution of the race.
2 AFD agrees on the form and content of the ads with the transport company by tram or by bus.
3 If an advertised race is not carried out, the tram or bus company immediately announces it to AFD.
(art. 44, para. 1, LD)
This section applies to all vessels coming from or by water from the foreign customs territory.
(art. 44, para. 1, LD)
Shipping companies must transport AFD staff free of charge to carry out the tasks assigned to them in the boats.
(art. 44, para. 1, LD)
1 In the cross-border traffic of persons, the shipping company announces to the AFD the non-regular races no later than the day preceding the execution of the race.
2 Cross-border traffic means any race in which the vessel docks on the foreign customs territory.
3 If an advertised race is not completed, the shipping company immediately announces it to AFD.
4 AFD agrees on the form and content of the advertisements with the shipping company.
(art. 44, para. 1, LD)
1 When a vessel must, in the event of serious danger or force majeure, berth outside a customs landing, the driver of the vessel shall immediately inform the nearest customs office after the docking.
2 No change in loading can be made without the prior approval of the customs office.
3 If the unloading is to start immediately due to a serious hazard, the driver of the vessel shall inform the customs office as soon as possible.
(art. 44, para. 1, LD)
Vessel personnel are required to assist AFD personnel in the performance of their duties in the manner required by the AFD.
(art. 8, para. 2, and 44, para. 1, LD)
Goods allowed for duty-free treatment under s. 11 are not affected by the obligation to present and declare.
(art. 44, para. 1, LD)
1 The person subject to the obligation to declare must announce the ship of goods without delay at the announcement station of the Basle Navigation Branch of Basel upon entry into the customs territory or during the exit.
2 The announcement station shall deliver to the customs office, on the next business day, all the announcements of the vessels entered and released.
3 The advertisement must include the following particulars:
(art. 44, para. 1, LD)
Foreign goods must not be declared under the transit procedure if they are transported between the customs border and one of the customs landings between the customs border and Rheinfelden, or in the opposite direction, There is no intermediate berthing.
(art. 44, para. 1, LD)
This section applies to all aircraft coming into or from the foreign customs territory.
(art. 44, para. 1, LD)
1 In the construction, processing or operation of customs aerodromes, the requirements for customs supervision and customs control must be taken into account.
2 Projects relating to customs procedure and customs border must be submitted prior to AFD for approval.
(art. 44, para. 1 and 2, LD)
1 In particular, the operator of an aerodrome shall:
2 AFD sets out for each customs aerodrome the obligations under para. 1.
(art. 44, para. 1, LD)
Customs aerodrome personnel are required to assist AFD staff in the performance of their duties in the manner required by the AFD.
(art. 44, para. 1, LD)
1 In cross-border air traffic, landing and takeoff can only take place on customs aerodromes. Flights to or from a Swiss customs enclave are deemed to be transborder flights. AFD may also authorise landings and takeoffs outside the customs aerodromes. It lays down the conditions in the authorisation. 1
2 If an aircraft is to land at an aerodrome that is not a customs aerodrome, the aerodrome direction or, in its absence, the commanding officer must notify the nearest customs office and follow the instructions.
3 If an aircraft is to land outside an aerodrome in the event of serious danger or force majeure, the CO shall inform the nearest customs office and follow his instructions.
4 The aircraft, crew members, passengers and goods remain under the supervision of the local authorities until the arrival of the instructions.
1 New content according to the c. 2 of the annex to the O of 14 May 2014 on field landings, in force since 1 Er Seven. 2014 ( RO 2014 1339 ).
(art. 44, para. 1, LD)
1 The aircraft and the goods carried must not be presented or reported:
2 Goods transported by aircraft must be presented but not reported if they leave the customs territory in the state after a single landing of the aircraft. 1
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 44, para. 1, LD)
In air traffic, the declaration for the transit procedure in the customs territory may take place on the basis of the manifest referred to in Art. 111 of the Convention of 20 May 1987 on a common transit procedure 1 .
1 RS 0.631.242.04
1 Repealed by c. I of the O of 27 June 2012, with effect from 1 Er August 2012 ( RO 2012 3837 ).
(art. 44, para. 2, LD)
1 In order for AFD to be able to monitor and control the traffic of persons and goods across the customs border, to combat customs offences, prosecute them and carry out the legislative acts of the Confederation other Customs, lists of passengers and goods must be submitted to the customs authorities upon request:
2 The following data must be provided:
3 The obligation to surrender lists of passengers and goods expires six months after the execution of the transport.
4 AFD destroys the data provided to it 72 hours after receipt.
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 49 LD)
The international transit regimes applicable to Switzerland under an international treaty are governed by the provisions of the said Treaty.
(art. 49, para. 2, LD)
1 The identity of the goods is guaranteed by a seal. Only seals considered adequate by AFD are allowed.
2 The person subject to the obligation to report indicates the type and number of seals in the customs declaration.
3 AFD may waive the sealing if the identity of the goods is guaranteed by their description or other appropriate measures.
(art. 49, para. 2, LD)
1 The transit time shall be limited to the time required for transit.
2 For important reasons, AFD may extend the validity period.
(art. 49, para. 3, LD)
1 The discharge of the transit procedure shall be requested at the office of destination within the period of validity of the transit document.
2 If the AFD finds irregularities, it refuses to clear the transit system and retains the security right up to the payment of import duties with a conditional payment obligation.
(art. 52, para. 1 and 2, LD)
If the warehouse keeper stores goods for his or her own account, he or she is deemed to be also in storage.
(art. 53, para. 3, LD)
1 Goods placed under the final export procedure must be sent to the foreign customs territory within six months of the acceptance of the customs declaration.
2 If the goods cannot be exported within six months of the acceptance of the customs declaration, the warehousekeeper may ask the AFD to extend the period of export. AFD accepts the application when the following conditions are met:
3 The AFD may, on request, extend the time limit on three occasions to a maximum of no more than six months each.
4 If the warehouse has been prevented without its fault, in particular in the event of the failure of the final consignee abroad, natural disasters, measures for the application of international sanctions or war events in the country of Destination, to export the goods for extended periods in accordance with the provisions of para. 3, it may request the Customs Branch to extend the export period.
5 Requests for extensions of export deadlines must be submitted in writing, before the expiry of the time limit, to the customs office competent for that purpose. They must be reasoned and have appropriate documents.
6 If the goods are not sent to the foreign customs territory within the export period, the export regime shall be revoked.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 54, para. 2, LD)
The condition of conformity is not fulfilled in particular if the applicant has committed a serious offence or repeated infringements of federal law, to the extent that his execution is the responsibility of the AFD.
(art. 54 LD)
AFD withdraws the authorization if the warehoused:
(art. 56, para. 2, LD)
1 Work is permitted to ensure the storage of the goods during storage, as well as examination, analysis, repackaging, fractionation, sorting, removal of the outer packaging and sampling.
2 In motivated cases, the Customs Branch may authorize further work within the meaning of s. 40, let. B.
(art. 56, para. 2, LD)
1 The following are not allowed:
2 AFD may prohibit the opening of goods if this operation is likely to jeopardise the smooth operation of the investment under customs arrangements in Switzerland or abroad.
(art. 58, para. 1, LD)
1 The person subject to the obligation to report must indicate at the customs declaration the use of the goods and their user.
2 In the event of a change in the use of the goods or the user, or in the case of a transfer of ownership of the goods, the person subject to the obligation to declare must submit a new customs declaration. It shall, where appropriate, attract the attention of other persons subject to the obligation to declare on their obligations under that obligation.
3 The new customs declaration referred to in para. 2 must be presented before the change in the use of the goods or the user and before the transfer of ownership. The AFD may provide that the customs declaration is made at a later date, in particular in the case of goods imported for uncertain sale.
4 If no new customs declaration referred to in para. 2 is not presented, the customs debt arises at the time when the new customs declaration should have been presented.
5 The temporary entry regime applies to only one crossing of the border with re-importation or subsequent re-export of the goods. AFD may authorize repeated crossings for certain goods.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 58, para. 2, let. B, LD)
1 AFD decides on measures to ensure identity.
2 The guarantee of identity must be mentioned in the customs declaration.
(art. 58, para. 1, LD)
1 Authorisation for the temporary admission of a foreign means of transport for commercial purposes in the customs territory within the meaning of Art. 34 must be requested from the AFD before the first importation.
2 Authorisation for the temporary admission of a foreign means of transport for personal use in the customs territory within the meaning of Art. 35 must be requested from the AFD at the time of the first importation or during the acquisition in Switzerland.
3 AFD may renew the authorizations provided for in s. 35, para. 1 and 2, let. A.
(art. 59, para. 2, LD)
1 An authorization for inward processing traffic is granted to persons:
2 Where a number of persons perform improvements on the same goods, the authorization may also be granted to communities of persons.
3 The authorisation shall be granted on request by the Directorate General of Customs or by the customs offices authorised by the Customs Bureau no later than 30 days after receipt of all the supporting documents. 1
4 The Customs Branch submits for notice an application for the granting of an authorization to the relevant federal organizations and services if this is necessary to determine whether the conditions under s. 12, para. 3, LD or s. 41, para. 2, of this Order are met.
1 New content according to the c. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 59, para. 2, LD)
The authorization of the Customs Branch should include:
(art. 59, para. 3, LD)
1 Taxation is based on the suspension system.
2 The refund procedure shall be applied where the applicant so requests or where the payment of any royalties payable appears to be compromised.
(art. 59, para. 4, LD)
1 The inward processing regime shall be deemed to be discharged and the reduction or relief of customs duties shall be granted definitively if the holder of the authorisation has complied with the charges laid down in the authorisation.
2 The Permittee must:
3 The DFF may provide procedural facilities.
(art. 59, para. 4, LD)
1 The waste and by-products resulting from the development process remaining in the customs territory shall be declared, when the inward processing regime is discharged, to the monitoring office for the purpose of release Practice.
2 The collection of customs duties on waste and by-products is governed by the tariff classification of the goods introduced into the customs territory to be perfected. The AFD may grant a reduction or relief of customs duties.
(art. 60, para. 2, LD)
1 An authorization for outward processing traffic is granted to persons:
2 The authorisation shall be granted on request by the Directorate General of Customs or by the customs offices authorised by the Customs Bureau no later than 30 days after receipt of all the supporting documents. 1
1 New content according to the c. I 6 of the O of 6 June 2014 on the fixing of time-limits in the field of AFD, in force since 1 Er Seven. 2014 ( RO 2014 2051 ).
(art. 60, para. 2, LD)
The authorization of the Customs Branch should include:
(art. 60, para. 4, LD)
1 The outward processing regime is deemed to be discharged and the reduction or relief of customs duties shall be granted definitively if the holder of the authorisation has complied with the charges laid down in the authorisation.
2 The Permittee must:
3 The DFF may provide procedural facilities.
(art. 53, para. 3, 61, para. 1, 62, para. 2, and 65, para. 2, LD)
Goods may be placed under the export regime and then stored in an open customs warehouse or a free-to-bond deposit only if the purchaser has his or her seat or domicile outside the customs territory.
1 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 61, para. 4, LD) 1
If the export regime is not discharged, the person subject to the obligation to report must immediately return the tax decision to the customs office that made the taxation of the exported goods.
1 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 62, para. 1, let. B, LD)
1 The clear customs deposits must be separated from the rest of the customs territory by measures relating to construction in such a way that no goods can be exempted from customs supervision.
2 AFD sets the type of construction measures in the authority governing the operation of the free-to-bond deposit.
(art. 63, para. 2, LD)
If the warehouse keeper stores goods for his or her own account, he or she is deemed to be also in storage.
(art. 64, para. 2, LD)
The condition of conformity is not fulfilled in particular if the applicant has committed a serious offence or repeated infringements of federal law, to the extent that his execution is the responsibility of the AFD.
(art. 64, para. 1, LD)
AFD withdraws the authorization if the warehoused:
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 65, para. 1, LD)
1 The person subject to the obligation to report must report the sensitive goods electronically when they are stored in the customs free deposit. If the goods were placed under the export regime prior to storage, an additional declaration for storage is not required.
2 The customs declaration must contain the particulars referred to in Art. 184, para. 1, let. A to f, as well as the name and address of the warehouse.
1 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 65, para. 2, LD)
Export periods are governed by s. 157.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 65, para. 3, LD)
1 Work is permitted to ensure the storage of the goods during storage, as well as examination, analysis, repackaging, fractionation, sorting, removal of the outer packaging and sampling.
2 In motivated cases, the Customs Branch may authorize further work and repairs within the meaning of s. 40, let. B and d.
3 For goods which are not intended to be released for free circulation, the granting or refusal of the authorisation shall be governed by the provisions of the development traffic.
(art. 65, para. 3, LD)
1 The following are not allowed:
2 AFD may prohibit the opening and repair of goods if these operations are likely to jeopardise the smooth operation of the investment under customs arrangements in Switzerland or abroad.
(art. 66, para. 1, LD)
1 The warehoused must maintain a list of tenants and sub-tenants of premises located in the customs free deposit as well as storage facilities.
2 It must also maintain an inventory of sensitive goods. Sensitive goods are listed in Appendix 2.
(art. 66, para. 1 and 2, LD) 1
1 The list must contain the following particulars: 2
1bis It must be kept in electronic form. 4
2 Upon request, the warehouse keeper shall immediately submit the list in electronic form to the AFD. AFD is the minimum standard for file format. 5
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
3 Introduced by c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
4 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
5 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 66, para. 1, LD)
1 The inventory shall contain the following particulars:
2 It shall be held in electronic form. 5
3 The inventory of sensitive goods in the bonded franc deposit must be available at any time in the inventory. At the request of the AFD, the warehouse keeper shall immediately submit the inventory.
3bis On request, the warehouse must present the inventory to the AFD. AFD is the form of presentation and the minimum standard for file format. 6
4 If the warehoused does not hold an inventory, if it does so in a non-regulatory manner, or if it is unable to present it immediately, the premises are placed under seal, and any new storage or exit movement from the warehouse Is prohibited until a prescribed inventory is available.
5 The s. 1 to 4 also apply to warehousekeepers if the obligation to maintain an inventory rests with them.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
2 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
3 RS 0.631.242.04
4 Introduced by c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
5 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
6 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 66, para. 1, LD)
The inventory of sensitive goods must be maintained for each warehouse. If goods from the same warehouse are stored in several premises, it is possible to hold an inventory locally.
1 New content according to the c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 74, para. 1, LD)
1 Subjugation to interest moratorium begins:
2 The imposition of a moratorium also exists during an appeal procedure and in the case of payment by instalments.
(art. 74, para. 2, LD)
1 The DFF determines the amount up to which no moratorium interest is charged.
2 On request, AFD may waive the perception of the moratorium when payment would lead to significant economic or social difficulties, taking into account the situation of the debtor.
(art. 74, para. 3, LD)
1 The amounts which have not been collected in accordance with customs duties shall be deemed to be wrongly paid or not wrongly refunded.
2 The DFF determines the amount up to which no interest is paid.
3 No interest paid shall be paid:
Art. 49 of the Order of 5 April 2006 on the finances of the Confederation 1 Shall apply in so far as the following provisions do not derogate from it.
(art. 76, para. 1, LD)
1 The deposit of cash is generally held in Swiss francs.
2 AFD can accept foreign currencies as a cash deposit. It lays down the conditions for this.
(art. 76, para. 1, LD)
1 AFD can recognize as collateral the following titles:
2 The deposit is made with the Swiss National Bank.
3 The depositor remains obliged to monitor the recorded titles in respect of their maturity, draw or refund, and to take all necessary measures to maintain the value and encashment of the amounts due. If the recorded title is to be given to it, then a new security right must be filed.
4 AFD periodically checks whether the recorded titles still correspond to the required level of security. If the recorded securities lose value during the logging period, it sets a time limit to provide a new security. If no new security is provided, the titles are realized.
(art. 76 LD)
The holders of PCD accounts must provide a flat rate security equal to 50 % of the average customs duties for two weeks.
(art. 76 LD)
The provision of a security right is required in the following plans:
(art. 76, para. 4, LD)
1 The security amount is as follows:
2 For international transit, the amount of security is governed by international treaties.
1 Introduced by c. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 76, para. 4, LD)
1 The provision of a security right is not necessary in the system of temporary admission according to Art. 34, para. 2 Bis , nor in the suspension system for inward processing and outward processing plans. 1
2 AFD decides whether, in other cases, the provision of a security right may be waived.
1 New content according to the c. I of the O of 22 April 2009, in force since 1 Er June 2009 ( RO 2009 1661 ).
(art. 76 LD)
1 If the customs debt guaranteed by deposit of securities becomes due, the AFD may grant a payment period to the debtor with a precise indication of the amount of the debt.
2 If the debtor of the customs debt pays within that period, the recorded securities shall be returned to the debtor.
3 If the payment does not take place or is not made within the prescribed period, the securities shall be carried out.
(art. 77, para. 1, LD)
1 Can be recognized as a general or individual bond:
2 AFD may recognise as an individual surety a legal person having its registered office in Switzerland or, exceptionally, a natural person having his domicile in Switzerland who is proved to be in a position to respond to a customs claim Individual.
3 It may require that the bond be provided by more than one person.
(art. 77, para. 2, LD)
AFD sets the maximum amount of liability (amount of the bond).
(art. 77, para. 2, LD)
1 The bond is validly accepted only when the surety has signed the official bond form.
2 For legal persons, the competence to subscribe to the guarantee is governed by the right of signature.
(art. 77 LD)
The guarantor replies:
(art. 77 LD)
1 The AFD monitors the financial situation of the Surety.
2 It shall take the necessary measures where there are indications that the guarantor is unable to meet the financial commitments made.
3 It may require the debtor of the customs debt to increase the amount of the bond:
4 Instead of an increase in the amount of the bond, the debtor of the customs debt may provide another acceptable security.
5 The PCD account can be blocked until the amount of the bond is raised or until the security is provided.
(art. 78, para. 1, LD)
The receipt shall indicate the amount paid and the customs claim to which the payment relates.
(art. 78 LD)
1 AFD announces the customs claims to the administration of the bankruptcy if the bankruptcy is pronounced:
2 If AFD waives the advertisement prescribed in para. 1, let. A, it requires the guarantor to pay the full payment of the customs debt. It establishes for the surety a receipt which serves as a debt obligation in the bankruptcy proceedings.
3 The bond does not end with the bankruptcy of the debtor of the customs debt.
(art. 78 LD)
1 If the debtor of the customs debt dies, the AFD requires the guarantor to pay the debt within the meaning of s. 200, let. A, b and d, and announces the claim when the inventory of inheritance is compiled.
2 In the event of the death of the guarantor, his obligations pass to the heirs. AFD announces the claim within the meaning of Art. 200, let. A, b and d, when the inventory of inheritance is compiled.
(art. 79, para. 2, LD)
When a general bond is terminated, AFD informs the debtor of the customs debt and requires that it provide a new security within a specified period of time.
(art. 79, para. 1, LD)
An individual bond ends with:
(art. 79, para. 3, LD)
1 AFD cancels a general bond or individual bond, in particular:
2 It requires the debtor to provide a new security within a specified time.
3 If no security is provided within the prescribed time limit, the AFD shall make a decision on the requisition of security rights against the debtor of the customs debt or engage in the prosecution of debts.
(art. 76, para. 2 and 3, and 81 LD)
1 A customs claim not yet payable shall be deemed to be:
2 The payment of the debt also appears threatened if there is no customs pledge or if it is insufficient.
(art. 81 LD)
The decision to requisition security rights shall contain:
1 RS 170.32
(art. 81 LD)
1 The decision to requisition security rights is addressed to:
2 The decision to requisition security rights is executable immediately.
3 The AFD shall submit a requisition for prosecution to the Office of the Receivership of the Receivership within ten days of the notification of the Receivership. 1
4 The relevant provisions of the FA 2 Are applicable.
5 In special cases, the receiver of property may be renounced. The s. 1, let. B, 3 and 4 and art. 209, let. F and i, are not applicable in these cases.
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
2 RS 281.1
(art. 81 LD)
1 The AFD repeals the decision to requisition security and raises a potential receiver when the necessary security has been provided. It shall inform the Office of the competent prosecution of the place of the receiver.
2 If an appeal against a decision to requisition security is allowed, the receiver and the prosecution shall become moot.
(art. 82 LD)
1 The customs pledge shall be used to ensure the recovery of claims referred to in Art. 200.
2 It also serves as a means of preserving evidence in criminal proceedings or in administrative criminal proceedings.
(art. 76, para. 2, and 82 LD)
A customs claim not yet payable shall be deemed to be:
(art. 83 LD)
1 The receiver may also refer to goods or things:
2 If the third parties are known, the AFD informs them of the receiver.
(art. 83 LD)
The AFD shall draw up a record of the receiver of a customs pledge and make a decision on the matter. An appeal against that receiver shall not have suspensory effect.
(art. 83, para. 2, LD)
The receiver of the receiver's decision is the person in whom the good or thing to be held is in the possession or custody of the receiver.
(art. 83, para. 3, LD)
1 The owner of a merchandise found and sequestered is deemed to be entitled.
2 AFD takes the necessary steps to seek the right.
3 If the right cannot be determined, an official notice shall be published. This notice contains an invitation from the person entitled to enforce his legal rights within a specified period of time.
4 The charge laid down in the search for the right holder must be in reasonable proportion to the value of the goods. The search for the eligible person may be waived if the value of the good does not exceed 1000 francs.
5 If the search is not completed or the search is unsuccessful, the goods are produced.
(art. 83, para. 3, LD)
1 The person entitled to a good found and sequestered must prove his or her right.
2 If the AFD considers that this evidence is not provided, it shall set a suitable time limit for the exercise of its right through an action with the competent civil court.
3 If there are several rights holders and the result is a dispute as to the person to whom the goods are to be returned, AFD can be released by consigning the goods to court.
4 The owner recognized by the AFD assumes full responsibility for a person who, if any, has a better right. AFD will only deliver the goods to the AFD if it agrees to a commitment in this regard.
5 The person entitled to a good found and sequestered may file an appeal against the decision of the receiver within 30 days of the completion of the search or publication of the official notice.
6 It must pay the amount of duty owed on the goods and pay the costs of the receiver, the research, the publication of the official notice and the preservation.
(art. 84 (LD)
1 The return shall terminate the receiver of the customs pledge. This pledge is given to the receiver of the receiver's decision. In the event of a dispute, the proceedings shall be conducted in accordance with Art. 218, para. 3.
2 If an appeal against the receiver is pending, the AFD shall inform the recourse authority of the return of the goods or of the thing.
(art. 86 LD)
Proof of total or partial destruction may be provided by an established certificate:
... 9
(art. 87, para. 2, LD)
1 Immediate realisation is possible even if the customs debt is not yet enforceable.
2 Before proceeding to an immediate realization, AFD obtains three independent offers. If the latter are not filed in writing, the relevant information will be placed on the file.
3 AFD may renounce a call for tenders where the value of the customs pledge does not exceed 1000 francs.
4 The goods or thing is issued to the most offering against immediate payment of the entire purchase price.
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 87, para. 4, LD)
1 AFD may voluntarily sell a customs pledge instead of auctioning it:
2 The owner's agreement is irrevocable. It must be given in writing and cannot be accompanied by conditions and charges.
3 Before proceeding with a OTC sale, AFD obtains three independent offers. If the latter are not filed in writing, the relevant information will be placed on the file.
4 The goods or thing is issued to the most offering against immediate payment of the entire purchase price.
5 AFD provides a record of the sale of a willing seller.
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 82, para. 2, and 87 LD)
1 The product of the making of the customs pledge or the sale of the securities is primarily used to cover the costs of preserving and carrying out the customs pledge or the sale of the securities. The balance is used to extinguish the customs debt.
2 AFD shall provide the debtor with an appropriate period of time for designating debts to be settled. The settlement occurs in the order indicated by the debtor, and in the absence of a statement by the debtor in that regard, in the order set out in s. 200.
3 A possible surplus at the end of the implementation:
4 The AFD shall draw up a written statement of the use of the product of the realization.
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 87)
AFD may renounce to carry out a customs pledge and remit the goods or the goods to recognised organisations or works of mutual assistance of public interest or to indigent persons where:
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 87, para. 3 and 5, LD)
The DFF regulates the procedure for auctioning customs contracts and selling securities.
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 91, para. 2, LD)
1 The Swiss territory is divided into customs districts and border-border regions.
2 The DFF borders the customs districts and border regions.
3 It regulates the functions and ranks of the Border Guard Corps.
1 Formerly art. 221 A . Introduced by ch. 3 of the Annex to the O of 17 February 2010 on the organisation of the DFF, in force since 1 Er March 2010 ( RO 2010 635 ).
(art. 100, para. 1, let. A to c, LD)
To carry out the tasks assigned to it, AFD staff can search vehicles and containers as part of the controls it carries out.
(art. 101, para. 2, let. A, LD)
AFD is responsible for the safety of the objects discovered during its checks if they:
(art. 104, para. 3, LD)
Where the competent authority refuses to take over the objects, values or other means of proof:
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 101, para. 1, LD)
1 The apprehended person must, upon request:
2 The apprehended person may be brought to a customs office or other appropriate office:
(art. 102 LD)
1 A body search is the search for things, evidence or clues on the whole surface of the body and in the body openings situated outside the intimate zone; is considered to be an intimate zone of the vaginal and anal zone.
2 The physical examination is a further examination, including an examination of the intimate area or a radiographic examination.
3 Tangible searches and bodily examinations must be conducted in camera. Exceptions are allowed if there is a danger in the home.
4 Body search and body examination should be carried out with the utmost care.
(art. 100, para. 1, paragraph a, c. 1, and 103, para. 2, LD)
1 AFD controls the identity of a person on the basis of the characteristics described or recorded in identity documents such as passports and identity cards or in other recognised documents.
2 It can see the identity of the person based on the physiognomy, the colour of the eyes, the size, the colour of the hair, the fingerprint of the two fingers and other personal characteristics:
2bis The fingerprints of the two fingers mentioned in para. 2 may be registered in the Automated Fingerprint Identification System (AFIS) of the Federal Police Office. They are erased as soon as the identity has been established, but no later than two years after the identification. 1
3 It can record or supplement a person's identity data by collecting biometric data:
4 It must erase the data collected as soon as the data has been stored in the data banks referred to in para. 3. 7
5 If AFD collects biometric data under para. 3 without being an investigating authority, it is required to submit requests for erasure of such data if it is necessary for the purposes of legislative acts other than determining customs.
1 Introduced by ch. 3 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
2 RS 361.3
3 New content according to the c. 3 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
4 RS 363
5 New content according to Art. 14 of the O of 4 April 2007 on the processing of AFD data, in force since 1 Er May 2007 ( RO 2007 1715 ).
6 RS 631.061
7 New content according to the c. 3 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
(art. 106, para. 2, let. A, LD)
1 In the case of use of the weapon within the meaning of Art. 106 LD or in the event of the use of the police force, may be used as weapons:
2 In particular, it may be used as a means of self-defence or coercion:
3 DFF rules the use of other means of self-defence or comparable restraint.
1 Introduced by c. 2 of the annex to the O of 12 Nov 2008 on the use of coercion, in force since 1 Er Jan 2009 ( RO 2008 5475 ).
(art. 106, para. 2, let. A and b, LD)
AFD personnel other than the Border Guard Corps may use weapons and other means of self-defence or coercion:
1 New content according to the c. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
(art. 106, para. 2, let. B, LD)
1 The use of weapons and other means of self-defence or coercion is governed by the following principles:
2 Cruel, degrading or humiliating treatment is prohibited.
(art. 106, para. 2, let. B, LD)
If persons are injured in the use of direct coercion, they must be provided with immediate assistance and medical assistance, provided that this is necessary and circumstances do not exclude it.
(art. 106, para. 2, let. B, LD)
The Border Guard Corps and the staff referred to in s. 228 are authorized to use the constraint to perform their duties and to maintain or establish a condition consistent with the law, including:
(art. 106, para. 1, para. c, et al. 2, let. B, LD)
1 Personnel of the Border Guard Corps may make use of the firearm within the meaning of s. 106, para. 1, let. C, LD:
2 A warning shot cannot be carried out without warning (art. 229, para. 1, let. A) if the circumstances negate the effect of the latter.
3 Any use of the firearm must be reported to the appropriate authority.
(art. 109, para. 1, LD)
1 Dispose of the skills required to:
2 In exceptional cases, AFD may authorize a minor to make customs declarations.
(art. 115, para. 2, LD)
If a person on whom a request for administrative assistance is made by a foreign authority refuses to cooperate, the AFD makes a decision on the obligation to cooperate and produce data and documents within the meaning of s. 115, para. 4, LD.
(art. 130 LD and art. 37, para. 3, LPers)
1 As regards the higher vocational training of AFD staff, the Directorate General of Customs is deemed to be an organisation of the world of work within the meaning of Art. 28, para. 2, of the Act of 13 December 2002 on vocational training 1 .
2 It shall be responsible for the enactment of the relevant provisions and shall lay down in particular the conditions of admission, the level required, the qualification procedures, the certificates issued and the qualifications awarded in respect of examinations Federal professionals and senior federal occupational reviews for AFD staff.
(art. 127, para. 2, and 130 LD)
No person shall photograph or film without authorization the personnel of AFD during the course of their activities. Non-compliance with this prohibition is a non-compliance with the requirements of order within the meaning of s. 127, para. 2, LD.
(art. 117 LD)
Customs offences committed in a Swiss customs office abroad are deemed to have been committed in the nearest Swiss municipality.
(art. 117 LD)
1 If customs duties and royalties due under federal laws other than customs (s. 90 LD) has not already been fixed in the course of placing under a customs procedure because of an offence, a decision of liability to the benefit is made in accordance with art. 12, para. 1 and 2, and 63 of the Federal Act of 22 March 1974 on Administrative Criminal Law (DPA) 1 .
2 As a general rule, the decision of subjugation to the benefit is notified to the accused at the same time as the final minutes.
(art. 117 LD)
1 If the accused has not been declared subject to the benefit within the meaning of s. 12, para. 1 and 2, CCA 1 , or if, in the case of prohibited traffic or non-compliance with requirements of order, it does not allow the tariff classification, quantity or value referred to in the final minutes, it may request a finding within the time limit laid down in the Art. 61, para. 3, DPA.
2 If a liability for joint and several liability of the accused complies with s. 12, para. 3, DPA enters into account, a finding decision is established ex officio.
(art. 120, para. 5, LD)
If the prohibited traffic is found after the goods are placed under a customs procedure and if the goods are turned back or destroyed on the order of the authority, the customs duties already paid shall be refunded.
(art. 127, para. 1, let. A, LD)
In so far as the constituent of a customs offence is not fulfilled, it shall be punished within the meaning of s. 127, para. 1, let. A, LD person:
1 Introduced by ch. I of the O of June 27, 2012, in force since 1 Er August 2012 ( RO 2012 3837 ).
2 RS 632.14
(art. 48 A , para. 1, LOGA 1 )
The DFF has the authority to approve amendments to the Annexes and Appendices to the following international treaties:
1 LF of 21 March 1997 on the organisation of government and administration (RS 172.010 ).
2 RS 0.631.122
3 RS 0.631.20
4 RS 0.631.24
5 RS 0.631.244.57
6 RS 0.631.250.112
7 RS 0.631.251.4
8 RS 0.631.251.7
9 RS 0.631.252.512
10 RS 0.631.252.52
11 RS 0.631.21
(art. 48 A , para. 1, LOGA 1 )
The DFF has the authority to approve arrangements for juxtaposed national control offices based on the following international treaties:
1 RS 172.010
2 RS 0.631.252.913.690
3 RS 0.631.252.916.320
4 RS 0.631.252.934.95
5 RS 0.631.252.945.460
(art. 130 LD)
The DFF has the power to enact the implementing provisions of this order.
1 Introduced by ch. I of the O of 22 April 2009, in force since 1 Er June 2009 ( RO 2009 1661 ).
(art. 130 LD)
Where agricultural products for which tariff rate quota rates are set have been illegally imported at the rate quota rate or at a reduced rate, the Federal Office of Agriculture may charge the difference in duty on AFD's mandate. He informs AFD on this subject.
1 The repeal of the existing law is set out in Schedule 3.
2 The amendment to the existing law is set out in Schedule 4.
(art. 132, para. 7, LD)
1 Deemed agricultural products and basic agricultural products within the meaning of s. 132, para. 7. Lots of foodstuffs which lend themselves to consumption and processing and from the cultivation of plants and the custody of livestock, within the meaning of Art. 3, para. 1, let. A, of the Act of 29 April 1998 on Agriculture 1 , which are produced in the customs territory.
2 The Customs Branch submits for notice an application for the granting of an authorization to the relevant federal organizations and services if this is necessary to determine whether the conditions under s. 132, para. 7, LD or s. 46, para. 2, of this Order are met.
Mail-mail items and parcels sent by Swiss Post to the universal service (art. 3 and 4 of the Act of 30 April 1997 on the post 2 ) Or by private operators as part of their concession may be declared in accordance with the law in force until 30 June 2013.
1 Applications for the status of AEO deposited prior to the entry into force of the amendment of 18 November 2015 are governed by the new law.
2 Temporary admission schemes which are not affected by the entry into force of the amendment of 18 November 2015 are governed by the former right.
3 The warehoused must maintain an inventory (s. 182, para. 2) the following sensitive goods, which are stored in a customs free deposit at the time of entry into force of the amendment of November 18, 2015, no later than one year after the entry into force of the amendment:
4 It must meet the following requirements no later than one year after the entry into force of the amendment of November 18, 2015:
1 Introduced by ch. I of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4917 ).
(art. 63, para. 1)
The following are deemed personal effects:
(art. 182, para. 2)
The following are deemed sensitive goods:
1 Update as per c. II 1 of the Annex to the O of 4 7. 2013 on the movement of protected species of flora and fauna ( RO 2013 3111 ) And c. II of the O of 18 Nov 2015, in force since 1 Er Jan 2016 (RO) 2015 4917).
2 RS 453.0
3 RS 514.51
4 RS 514.54
5 RS 632.10
6 RS 732.1
7 RS 812.121
8 [RO 1997 211, 2001 3159 3160, 2005 4839, 2010 1239. RO 2011 2561 art. 86]. See currently O of 25 May 2011 on Narcotics Control (RS 812.121.1 ).
9 RS 812.21
10 RS 941.41
11 RS 946.202.1
12 RS 101
13 RS 946.231
14 RS 444.1
(art. 244, para. 1)
Are repealed:
1 [RS 6 517; 1957 1016, 1960 272, 1961 1200, 1965 923, 1972 160, 1973 650 1974 1949, 1976 2086, 1993 1054, 1995 1818, 1997 1630 2779 ch. II 35, 1999 704 ch. II 15, 2001 267 s. 33 hp. 3, 2002 326 328 Annex 2 c. 1]
2 [ RO 1999 1300 ]
3 Not published in OR.
4 Not published in OR.
5 Not published in OR.
6 [RS 6 610; RO 1951 970 art. 4]
7 [RO 1993 393]
8 [RO 1995 1821]
9 [ RO 2002 328 ]
10 [RO 1960 961, 2002 1365]
11 [RS 6 640; RO 1972 889, 1978 1913, 1999 704 ch. II 16]
12 [RS 6 684; RO 1951 970 art. 3, 4, 1965 1260]
13 [RO 1950 647, 1951 970 art. 3, 1961 332, 1990 1645, 1998 1533]
14 [RO 1972 341, 1981 621, 1997 2779 ch. II 36, 2002 1366]
15 [RO 1962 1153]
16 [RO 1958 615]
17 [RO 1968 378]
18 [RO 1990 846]
19 [ RO 2005 2205 ]
20 [RO 1966 781, 1987 2367]
(art. 244, para. 2)
The following orders are amended as follows:
... 1
1 The mod. Can be viewed at RO 2007 1469 .
(art. 112 H , para. 2)
Swiss law |
Liechtenstein law |
Art. 662 to 670 of the Code of Obligations 2 |
Art. 1048 to 1121 Personen-und Gesellschaftsrecht 3 |
Art. 957-963 of the Code of Obligations |
Art. 1045 to 1062 A Personen-und Gesellschaftsrecht |
Order of 24 April 2002 concerning the keeping and keeping of account books 4 |
Art. 5-15 Verordnung zum Personen-und Gesellschaftsrecht 5 |
Art. 166 and 190 to 193 LP 6 |
Art. 6 to 9 Konkursordnung 7 |
Art. 293 LP |
Art. 1 to 3 Nachlassvertragsgesetz 8 |
Art. 96 to 98 OD |
Art. 2 A Kundmachungsgesetz 9 In relation to art. 96 to 98 OD |
1 Introduced by c. II of the O of 27 nov. 2009, in force since 1 Er Jan 2010 ( RO 2009 6233 ).
2 RS 220
3 LR 216.0
4 RS 221.431
5 LR 216.01
6 RS 281.1
7 LR 282.0
8 LR 284.0
9 LR 170.550