631.052 order on the control of cross-border traffic of cash of February 11, 2009 (status March 1, 2009) the federal Council Swiss, view of art. 130 of the Act of March 18, 2005 on Customs (LD), stop: art. 1 purpose this order regulates the control of cross-border traffic of cash by the Federal Customs Administration (FCA) to combat money laundering and the financing of terrorism (art. 95, para. 1, LD).
Art. 2 definitions for the purposes of this order, means: a. person subject to the obligation to provide information: the person subject to the obligation to report to the senses of the art. 26 LD; b. liquid: 1 species (banknotes) and Swiss and foreign coins that are in circulation as a means of payment, 2. securities to bearer, shares, bonds, cheques and similar communicable.
Art. 3 duty to provide information in cross-border traffic, the person subject to the obligation to provide information is required to provide at the request of the Customs Office of information: a. on his person; b. on the import, export and transit of cash in an amount of at least CHF 10,000 or an amount equivalent in foreign currency; c. on the origin and intended use of the cash; d. on the beneficial owner.
In case of suspicion of money laundering money or financing of terrorism, the Customs Office may also require information when the amount of cash does not reach the threshold of 10 000 francs or an equivalent amount in foreign currency.
Art. 4 interim receiver the Customs Office may temporarily sequester cash under art. 104 LD.
The interim receiver can be carried out independently of the amount of cash.
Art. 5 penal provision the refusal to provide information within the meaning of art. 3, al. 1, let. a and b, or the provision of incorrect information are considered to be a failure to comply with the requirements of order within the meaning of art. 127, al. 1, LD.
Art. 6 customs offices communications customs offices shall communicate to the Directorate-General of Customs: a. the identity and address of the person subject to the obligation to provide information; (b) the amount of money cash; c. data on the origin and intended use of the cash; (d) the identity and address of the beneficial; e. information on the interim receiver (art. 4); f. data indicating if the person subject to the obligation to provide information refused to provide a information or provided false information; g. data on vehicles, objects and concrete cases.
Communication can be performed regardless of the amount of cash.
Art. 7 information system communications made under art. 6 are entered in a special area of the information system of the border guard (Annex A 8 to the O of 4 April 2007 on the processing of data in the AFD).
SR 631.061 art. 8 administrative assistance in some cases, the General Directorate of customs transmits data from the information system ' at the Office for money laundering (art. 23 of the law of 10 oct. 1997 on money laundering) and to the competent police authorities.
SR 955.0 art. 9 analysis customs Branch regularly analyzes the content of the information system.
Art. 10 amendment of the law in force Appendix A 8 of the order of 4 April 2007 on the processing of data in the AFD is replaced by the attached version.
RS 631.061. The mentioned amendment is inserted in the said Ordinance.
Art. 11 entry into force this order comes into force on March 1, 2009.
RO 2009 709 RS 631.0 State on March 1, 2009