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RS 0.360.514.24 Agreement of 8 December 2011 between the Swiss Confederation and the Principality of Liechtenstein concerning the cross-border movement of firearms

Original Language Title: RS 0.360.514.24 Accord du 8 décembre 2011 entre la Confédération suisse et la Principauté de Liechtenstein concernant la circulation transfrontalière d’armes à feu

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0.360.514.24

Translation 1

Agreement between the Swiss Confederation and the Principality of Liechtenstein on the cross-border movement of firearms

Conclu on 8 December 2011

Approved by the Federal Assembly on 14 December 2012 2

Entered into force by exchange of notes on 11 April 2013

(State on 11 April 2013)

The Swiss Confederation and the Principality of Liechtenstein,

Hereinafter referred to as the Contracting States,

Bearing in mind the long tradition of friendship between the two States,

Having regard to the Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein concerning the meeting of the Principality of Liechtenstein to the Swiss customs territory 3 (customs treaty),

Considering the close cooperation between the two States in safeguarding their common security interests,

Having regard to the agreement of 26 October 2004 between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis 4 (AAS),

Having regard to the Protocol of 28 February 2008 between the Principality of Liechtenstein, the European Union, the European Community and the Swiss Confederation on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation, the Union European Community and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (PAS) 5 ,

Having regard to the Framework Agreement of 3 December 2008 between the Swiss Confederation and the Principality of Liechtenstein on cooperation on the visa procedure, entry and residence and police cooperation in the border area 6 ,

In order to resolve as simply as possible the cross-border movement of firearms between the two Contracting States on the basis of the Customs Treaty and to ensure security in the cross-border movement of arms within the meaning of The Schengen acquis in the field of firearms,

Agreed to the following provisions:

Chapter I General provisions

Art. 1 Purpose and Purpose

1 The aim of this Agreement is to resolve as simply as possible the cross-border movement of firearms, their essential elements and ammunition between the Contracting States in accordance with the customs treaty and the Schengen acquis. In the field of firearms.

2 It rules:

(a)
The competences and information duties of the competent authorities of the Contracting States with regard to the introduction of firearms, their essential elements or ammunition in the territory of other Schengen States from States Contracting Parties or on the territory of Liechtenstein from another Schengen State;
(b)
The simplified cross-border movement of firearms, their essential elements or ammunition between the Contracting States.

3 The cross-border movement of weapons other than firearms, as well as the cross-border movement of arms, including firearms, essential elements of arms and ammunition in relation to a third State shall be according to the law Applicable to the Contracting States.

Art. 2 Definitions

For the purposes of this Agreement:

(a)
"Other Schengen states": all states linked to the Schengen acquis in the field of firearms, with the exception of the two Contracting States;
(b)
"Third States" means states which are not related to the Schengen acquis in the field of firearms;
(c)
"Firearm" means the equipment used to launch projectiles by means of a propellant and may be worn and used by a single person, or the objects likely to be converted into such gear;
(d)
"Essential part" means an element of a firearm that is essential to its operation;
(e)
"Ammunition" means any shooting equipment equipped with a propellant whose energy released into a firearm is transmitted to a projectile;
(f)
"Acquisition" means all forms of transfer of ownership or possession, such as purchase, exchange, donation, lease or loan;
(g)
"Follow-up document" means an official document drawn up in accordance with the provisions of the Schengen acquis for the final introduction of firearms, their essential elements or ammunition and which must accompany the delivery to the place of Destination;
(h)
"Authorisation" means a document required under the law of the Contracting State concerned for the introduction of firearms, their essential elements or ammunition in the territory of the latter.
Art. 3 Competent Firearms Authorities

The competent arms authority for the implementation of this Agreement shall be the following:

(a)
In Switzerland: the Central Arms Office, attached to the Federal Office of the Police, as the central office, as well as the cantonal enforcement authorities under national law;
(b)
In Liechtenstein: the Landespolizei.

Chapter II Introduction on the territory of another Schengen State from a Contracting State

Art. 4 Final Introduction

1 If firearms, their essential elements or ammunition are definitively entered in the territory of another Schengen State from a Contracting State, a follow-up document is required in accordance with the provisions of the acquis. Schengen in the field of firearms. This document shall be drawn up by the competent authorities of the Contracting State concerned in accordance with national law.

2 The Landespolizei and the Central Arms Office of the Federal Police Office are being transmitted as soon as possible copies of the monitoring documents they have established.

Art. 5 Interim Introduction in Passenger Traffic

If firearms and the corresponding ammunition are provisionally introduced into the territory of another Schengen State from a Contracting State, a European firearms pass is required in accordance with the provisions of the acquis. Schengen in the field of firearms. This document shall be drawn up by the competent authorities of the Contracting State concerned in accordance with national law.

Chapter III Introduction to the territory of Liechtenstein from another Schengen state

Art. 6 Final Introduction

1 The final introduction of firearms, their essential elements and ammunition into the territory of Liechtenstein from another Schengen state requires authorisation. The conditions and procedure to be followed are based on the Swiss legislation applicable under the Customs Treaty.

2 The Central Arms Office of the Federal Police Office grants the authorization after consultation with the Landespolizei. He shall promptly transmit to the Landespolizei a copy of the authorisation.

3 Communications from another Schengen State concerning the final introduction of firearms, their essential elements or ammunition in the territory of Liechtenstein shall be received by the Landespolizei in accordance with the Provisions of the Schengen acquis in the field of firearms. The latter shall promptly transmit a copy of the communication in question to the Central Arms Office of the Federal Police Office. If no such authorisation has yet been received by the Landespolizei at the time it receives the communication, it informs the other Schengen State of the need for such a document.

4 The Principality of Liechtenstein will not provide any declaration to the other Schengen States concerning firearms that may be entered on its territory without authorization only with the agreement of Switzerland.

Art. 7 Interim Introduction in Passenger Traffic

The competence and procedure for the provisional introduction of firearms and the corresponding ammunition in passenger traffic on the territory of Liechtenstein from another Schengen State are based on Swiss legislation Applicable under the Customs Treaty.

Chapter IV Introduction to the Territory of Liechtenstein from Switzerland

Art. 8 Final Introduction

1 For the final introduction of firearms, their essential elements or ammunition on the territory of Liechtenstein from Switzerland, no authorization or follow-up document is required.

2 If the final introduction is related to the relocation of the home from Switzerland to Liechtenstein, the following information should be provided to the Landespolizei:

-
Name and address of all concerned;
-
Place of destination;
-
Number and types of weapons, essential elements of weapons or ammunition;
-
Manufacturer;
-
Designation;
-
Calibre;
-
The number of the;
-
Means of transport;
-
Day of departure and day scheduled for arrival.

The Landespolizei transmits this data to the Central Arms Office of the Federal Police Office as soon as possible. The latter shall inform the competent authority of the former place of residence as soon as possible.

3 If a person domiciled in Liechtenstein acquires a firearm or an essential element of a weapon in Switzerland, the competent cantonal authority shall promptly transmit to the Landespolizei a copy of the legal document transmitted by the alienator (exceptional authorization, arms acquisition, contract).

Art. Interim Introduction in Passenger Traffic

1 Persons domiciled in Switzerland do not need a European firearms pass for the provisional introduction into the territory of Liechtenstein of firearms and their corresponding ammunition in passenger traffic.

2 As regards the traffic of passengers from Switzerland to another Schengen State or in transit through Liechtenstein, the port of a European firearms pass drawn up by Switzerland is, however, compulsory in accordance with the provisions of the Convention. The Schengen acquis in the field of firearms.

Chapter V Introduction on Swiss territory from Liechtenstein

Art. 10 Final Introduction

1 For the final introduction of firearms, their essential elements or ammunition on Swiss territory from Liechtenstein, neither authorisation nor a follow-up document is required.

2 If the final introduction is related to a move from Liechtenstein to Switzerland, the data subject is required to provide the following information to the competent cantonal authority:

-
Name and address of all concerned;
-
Place of destination;
-
Number and types of weapons, essential elements of weapons or ammunition;
-
Manufacturer;
-
Designation;
-
Calibre;
-
The number of the;
-
Means of transport;
-
Day of departure and day scheduled for arrival.

The competent cantonal authority shall transmit these data to the Landespolizei as soon as possible.

3 If a person domiciled in Switzerland acquires a firearm or an essential element of a weapon in Liechtenstein, the Landespolizei shall, as soon as possible, transmit to the competent cantonal authority the place of residence of the purchaser and the Central Office The arms of the Federal Police Office a copy of the legal document transmitted by the alienator (exceptional authorization, arms acquisition, contract).

Art. 11 Interim Introduction in Passenger Traffic

1 Persons domiciled in Liechtenstein do not need a European firearms pass for the provisional introduction into the Swiss territory of firearms and the corresponding ammunition in passenger traffic.

2 As regards the traffic of passengers from Liechtenstein to another Schengen State or in transit through Switzerland, the port of a European firearms pass drawn up by Switzerland is, however, compulsory in accordance with the provisions of the Convention. The Schengen acquis in the field of firearms.

Chapter VI Final provisions

Art. 12 Amendments

1 This Agreement may be amended in writing by mutual agreement between the Contracting States. The amendments shall enter into force as soon as the Contracting States have notified each other of the term of the internal procedures which they shall apply to that effect.

2 Changes in designations shall be communicated by the competent authority of the Contracting State concerned to the competent authority of the other Contracting State.

Art. 13 Denunciation

1 This Agreement shall not be limited in time. Either Contracting State may notify the other, through diplomatic channels, of the denunciation of this Agreement. Denunciation shall take effect twelve months after the receipt of the notification.

2 In addition, in the event of the termination or termination of the SBA or the termination or termination of the SAP, this Agreement shall terminate at the same time as the latter.

Art. 14 Entry into force

This Agreement shall be applied provisionally from the date of entry into force of the Schengen acquis for Liechtenstein. It shall enter into force as soon as the Contracting States have notified each other of the internal procedures which they have to apply to that effect.

In witness whereof The Plenipotentiaries of both States have signed this Agreement.

Done at Vienna/Bern on 6 and 8 December 2011, in duplicate in the German language.


For the

Swiss Federal Council:

For the

Government of the Principality of Liechtenstein:

Jean-Luc Vez

Adrian Hasler


RO 2013 1129


1 The original German text is published, under the same number, in the German edition of this collection.
2 RO 2013 1127
3 RS 0.631.112.514
4 RS 0.362.31
5 RS 0.362.311
6 RS 0.360.514.2


Status on April 11, 2013