Advanced Search

RS 511.22 Order of 10 December 2004 on Military Controls (OCoM)

Original Language Title: RS 511.22 Ordonnance du 10 décembre 2004 sur les contrôles militaires (OCoM)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

511.22

Military Controls Ordinance

(OCoM)

10 December 2004 (State 1 Er January 2011)

The Swiss Federal Council,

Having regard to art. 4, para. 5, 27, para. 2 and 150, para. 1, Federal Act of 3 February 1995 on the Military and Military Administration (LAAM) 1 , given art. 13 of the Order of the Federal Assembly of 4 October 2002 on the organisation of the army (OOrgA) 2 , 3

Stops:

Chapter 1 Purpose and scope

Art. 1 Purpose

1 This order regulates controls within the military and military administration.

2 Controls are used to:

A.
Identify conscripts prior to recruitment;
B. 1
Verify the performance of compulsory military service;
C.
Planning, managing and controlling the staff of the staff;
D.
Managing the service of deceased and missing members.

1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 2 Scope of application

1 This order shall apply to persons who are liable to military service, to those who voluntarily make themselves available to the army and to the relevant authorities of the cantons and the Confederation. 1

2 The specific provisions applicable to:

A.
... 2
B.
Members of the Red Cross Service;
C.
Members of the Federal Council staffs.

3 The designations of persons used in this order apply to both women and men.


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).
2 Repealed by c. I 9 of the O of 3 Dec. 2010, with effect from 1 Er Jan 2011 ( RO 2010 5971 ).

Chapter 2 Competencies for monitoring tasks

Art. 3 Cantons

1 The district commanders are responsible for:

A.
Data collection on male Swiss citizens at the end of the year in which they reach the age of 17;
B.
The management of conscript control data and the search for the reasons for non-entry into the service of a conscript for recruitment;
C. 1
The management of the control data of persons subject to military service, provided that such jurisdiction does not fall within the scope of any other body under federal law.

2 Territorial jurisdiction shall be determined by the domicile of the conscript or the person who is subject to military service. 2

3 Troop corps and army formations are assigned to a canton in order to be able to carry out their particular cantonal tasks. The competent cantonal authorities:

A.
Ensure cooperation with the commands of the territorial regions;
B.
Are consulted in appointments to a command;
C.
Have the right to make visits to training services.

1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).
2 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 4 1 Body control content

The administrative unit of the Confederation to which the organisation of the army gives training or a staff of the Federal Council for the maintenance of control:

A.
Keeps body control;
B.
Is responsible for the new incorporation of military ranks, as well as non-commissioned officers within the same weapon, auxiliary service or reserve;
C.
May assign tasks relating to the holding of control for operating detachments to the bodies to which the operating detachments are assigned or subordinate to the service.

1 New content according to the c. 2 of Annex 2 to the O of 21 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6751 ).

Art. 5 Commanders

Commanders shall control in each service of their training if the data given to them by the content of the body control correspond to the data of the persons entered into the service; they communicate any differences in the content of the Body control for update.

Art. 6 Administrative body

1 The army's leadership staff is responsible for:

A.
The incorporation of recruits into training;
B.
The transfer of military personnel with ranks and non-commissioned officers to a weapon, auxiliary service or other function; to do so requires the consent of the levels of the relevant body control;
C.
The incorporation and transfer of senior NCOs into staffs, as well as officers and specialist officers;
D.
The search for the reasons for non-entry to the service for all members who have not entered the service to which they have been summoned;
E.
Members who, in accordance with s. 3, para. 1, of the Order of 26 November 2003 on the organisation of the army (OOA) 1 , are not incorporated into training;
F.
Temporary grading in Switzerland and abroad;
G.
Reintegration into military controls.

2 For the members of the Red Cross and the campaign post, the tasks specified in para. 1, let. A to d, are filled by the Office of the Red Cross Service respectively by the leadership of the field station. 2


1 RS 513.11
2 New content according to the c. 2 of Annex 2 to the O of 21 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 6751 ).

Chapter 3 Document concerning the performance of compulsory military service 4

Art. 7 1 Purpose

1 The military document concerning the performance of compulsory military service (service booklet) contains the most important data relating to the person subject to military service in respect of the performance of military service Required.

2 The service record must be delivered and used exclusively for service purposes; the consultation and publication of the data are only permitted for service purposes.


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 8 Enrolment Evidence Force

1 The entries in the service record relating to medical-military examinations, decisions on military insurance, changes in rank and function and services performed must be countersigned by the body Competent in enforcement matters.

2 In the event of a discrepancy between the entries in the service record and the entries in the controls, any entries according to para. 1 are assumed to be accurate, and in all other cases, the entries in the controls are assumed to be accurate.

Art. Acquisition and Remission

1 The Federal Department of Defence, Population and Sports Protection (DDPS) acquires the service record and provides it free of charge.

2 The service record shall be delivered in one of the four national languages, depending on the mother tongue of the person concerned, as follows:

A. 1
Persons who are subject to military service in Switzerland: before recruitment;
B.
To other persons: when they are required to serve military service.

3 The cantonal military authorities are responsible for issuing and handing over the service booklet. The army's chief of staff is responsible for establishing and handing it over to the Swiss abroad.


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 10 Conservation

1 The service record must be retained by the holder until it is discharged from the obligation to perform military service. 1

2 The Citizens' Service Booklet on Foreign Leave is deposited with the District Commander who has granted the leave.

3 If the holder's place of residence is unknown, the competent cantonal military authority in place of his last domicile shall keep the service record until the end of the year in which the holder has been discharged from the obligation To perform military service. 2

4 In the event of death, if no kinship is known, the service record shall be kept by the district commander responsible for the last home for one year from the date of death before being destroyed.


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).
2 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 11 Loss and duplicating

1 The loss of the service record shall be announced to the cantonal military authority as soon as it is established, so that it can establish a duplicate.

2 For the establishment of a duplicate, the cantonal military authority may receive a fee of up to 300 francs, calculated on the basis of the expenditure incurred.

Chapter 4 Mandatory declarations 5

Art. 12 1 Persons Permanently bound to declarations

Even if they do not personally perform military service, persons subject to military service shall remain subject to compulsory declarations as long as they have not reached the prescribed age limit for the performance of a service Military members and non-commissioned officers, with the exception of senior non-commissioned officers.


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 13 Home and Address

1 The place of residence is the place where the papers are deposited or where they were last filed. The address is the address of the usual place of stay.

2 The person who justifies a new home or address in Switzerland must inform him or her to the appropriate district commander.

3 Persons who are required to report on leave abroad must designate a recipient in Switzerland and announce it to the district commander.

Art. 14 Reporting Timeframes

Persons who are required to make statements must announce themselves within 14 days with the district commander responsible for all the events subject to the declaration.

Art. 15 Research

1 The district commander of the last known place of residence is looking for the place of residence of those who are required to make statements whose place of residence or residence is unknown.

2 If, after two months, the place of residence could not be found, the persons subject to the declarations are reported in the RIPOL in order to determine their place of residence. 1

3 If there is a strong suspicion that the person has violated the law by not announcing the non-use of his or her leave abroad, the period of two months for the beginning of the research may be shortened.

4 Once the person subject to the declarations has been declared militarily in good form, the reporting in RIPOL is revoked. 2


1 New content according to the c. I 15 O du 15 oct. 2008 on adaptations resulting from the Federal Law on the Police Information Systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4943 ).
2 New content according to the c. I 15 O du 15 oct. 2008 on adaptations resulting from the Federal Law on the Police Information Systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4943 ).

Chapter 5 Foreign Leave

Art. 16 1 Status

1 Persons who are subject to declarations that wish to be registered as Swiss abroad on leave of absence abroad in a valid manner must apply for leave for foreign nationals.

2 For seconded staff abroad, the secondment is ex officio.


1 New content according to the c. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).

Art. 17 Request

1 The request for leave from abroad must be sent in writing to the district commander, two months before the scheduled departure date. 1

2 Citizens subject to declarations which decide, after the beginning of their stay, to remain abroad for more than twelve consecutive months, file a request for the retroactive grant of a leave of absence abroad through the representation Competent Swiss.


1 New content according to the c. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).

Art. 18 Conditions governing the granting of leave

1 Foreign leave shall be granted where the persons subject to the declarations have fulfilled the duties arising from the obligation to perform military service and the obligation to pay the military fee until the departure of Switzerland or the filing of a retroactive application in accordance with Art. 17, para. 2. 1

2 Members who have already received a personal work order for a service to be performed are not available for service only when they have performed the service in question.

3 No leave for foreign nationals is granted to persons who are subject to declarations: 2

A.
Against whom a military court has ordered an investigation for non-fulfilment of a military service or who have not yet served a firm sentence under the military penal code;
B.
Who, in their capacity as border residents, have their usual place of residence abroad and their place of work in Switzerland; the latter shall be known to the competent cantonal military authorities for the place of work;
C. 3
Who wish to stay abroad for less than twelve consecutive months;
D. 4
Who do not wish to announce their departure abroad to the municipality.

1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).
2 New content according to the c. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).
3 Introduced by c. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).
4 Introduced by c. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).

Art. 19 Skills and procedures

The district commander shall decide on the granting of leave for foreign nationals and shall communicate his decision in writing to the applicant.

Art. Effect

1 The leave for foreign leave takes effect on the date of departure from Switzerland for the duration of the stay abroad.

2 If the departure and its announcement to the civil authorities are not made within one month of the authorized departure date, the leave for foreign leave shall lapse. The applicant must register with the District Commander.

Art. Obligation to announce a stay in Switzerland

A person who is legally staying for more than twelve months abroad and who wants to stay for less than three months in Switzerland is not required to announce the stay to the district commander.

Art. Bis 1 Place of work abroad

1 Persons subject to declarations which are registered in Switzerland in respect of civil law but whose actual place of work is abroad with an employer who is not established in Switzerland and whose contract of employment does not Does not include provisions that are at least similar to those contained in s. 324 A And 324 B The code of obligations 2 In respect of the payment of the salary when carrying out the legal obligations, may also apply for leave for foreign nationals.

2 Art. 17 to 21, except s. 18, para. 3, let. D, shall apply mutatis mutandis.


1 Introduced by ch. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).
2 RS 220

Chapter 6 Workforce management 6

... 7

Art. To 32 1

1 Repealed by c. 5 of Annex 36 to the O of 16 Dec. 2009 on military information systems, with effect from 1 Er Jan 2010 ( RO 2009 6667 ).

Art. 33 1 Data processing

The army's chief of staff deals with personal data in accordance with art. 3-5 of the order of 16 December 2009 on military information systems 2 .


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).
2 RS 510.911

... 8

Art. 34 Purpose

1 The aim of the army's workforce planning is to monitor the evolution of the coverage of the legal workforce and the reserve for the availability of troops and formations, as well as to make available the Decision-making bases required for management.

2 The operation of the army's workforce is intended to:

A.
Best cover the regulatory strength and availability reserve of all corps and formations;
B.
Seize and align deployment in the workforce with appropriate measures for succession or through new incorporations and transfers;
C.
To make the best use of the knowledge acquired by the military in the civilian and military sectors.
Art. 35 1 Central Data Bank for the Conduct of the Army

1 The Army Conduct Staff operates a data bank for central data and references (KERDA) to plan and operate the staff of the army; it is the holder of the KERDA.

2 In KERDA, the following anonymous tombs are kept and processed:

A.
Data on weapons and ancillary services;
B.
Troop body and training data, including:
1.
Data on joint formations, texts and numbers, functions, grades, regulatory staff,
2.
Data relating to units with language code, indication of the bodies responsible for administration and controls, and the cantons competent for specific tasks,
3.
Data relating to units with an indication of the code of service and the language code and of the structures;
C.
Links between data on types of weapons, ancillary services, training and units;
D.
Other data concerning the organs of administration and command, equipment and equipment.

3 The anonymous KERDA's basic data is used as the basis for the control of the PISA system.


1 New content according to the c. 4 of the appendix to the O of 19 August 2009, in force since 1 Er Jan 2010 ( RO 2009 4291 5887).

Art. 36 Skills

1 The Chief of the Army oversees the planning and operation of army personnel and regulates operational measures.

2 The army's leadership staff plan and operate the army's personnel.

Chapter 7 Criminal Provisions

Art. Relationship to the Military Penal Code and the Penal Code

If an offence committed against this order or its implementing provisions is also a criminal offence within the meaning of the SPB or the CP 1 , the wrongful act is sanctioned exclusively in accordance with these two laws.


Art. 38 Offences

1 Persons liable to military service who violate their duties under military control must be disciplined for non-compliance with service requirements. 1

2 Any person who, without a valid excuse, fails to respond to a summons or summons addressed to it by a competent authority pursuant to this order or its implementing provisions and with an indication of the sanction Shall be liable to a disciplinary fine or to a maximum of ten days' imprisonment.


1 New content according to the c. I 9 of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5971 ).

Art. 39 Skills

The disciplinary authority for offences under s. 38 belongs:

A.
Administrative units of cantonal military authorities designated by the cantons;
B.
The DDPS administrative units responsible for the enforcement of this order and its implementing provisions;
C.
The Office of the Red Cross Service for members of the Red Cross Service;
D.
To the leadership of the campaign station for the campaign station members.
Art. 40 Fees and Fees

Criminal decisions, decisions concerning the conversion of disciplinary fines in days of judgment and decisions on appeal are exempt from fees and fees. The provisions of the military criminal procedure of 23 March 1979 1 Concerning disciplinary proceedings shall be reserved.


Art. Execution of Sentencing Penalties

1 The stop sentence is applied:

A.
Where the person sanctioned is domiciled in Switzerland: by the canton of domicile;
B.
Where the person sanctioned is not domiciled in Switzerland: by the canton of origin whose right of the city was last acquired by the sanctioned person or its devicists.

2 The provisions of the SPB shall apply mutatis mutandis to the type and form of the execution.

3 The costs of execution shall be borne by the cantons.

Chapter 8 Final provisions

Art. Executing

The DDPS is responsible for the enforcement of this order.

Art. 43 Repeal of the law in force

The Order of 7 December 1998 on military controls 1 Is repealed.


1 [ RO 1999 941 2903 art. 121 hp. 1, 2001 190 c. I art. 121 hp. 1]

Art. 44 Amendment of the law in force

... 1


1 Changes can be viewed in the RO 2004 5299 .

Art. 45 Entry into force

This order shall enter into force on 1 Er January 2005.

Appendix 1


1 Repealed by c. I 9 of the O of 3 Dec. 2010, with effect from 1 Er Jan 2011 ( RO 2010 5971 ).


State 1 Er January 2011