Rs 520.3 Federal Law Of June 20, 2014, On The Protection Of Cultural Property In The Event Of Armed Conflict, Disaster Or Emergency (Lpml)

Original Language Title: RS 520.3 Loi fédérale du 20 juin 2014 sur la protection des biens culturels en cas de conflit armé, de catastrophe ou de situation d’urgence (LPBC)

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520.3 Federal law on the protection of cultural property in the event of armed conflict, disaster or emergency * (LPML) June 20, 2014 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view of art. 61, al. 1 and 2, of the Constitution, in the execution of the Hague Convention of 14 May 1954 for the protection of cultural property in the event of armed conflict (convention), pursuant to the regulations of 14 May 1954 of the Hague Convention for the protection of cultural property in the event of armed conflict (regulations), in the execution of the Protocol of the Hague on 14 May 1954 for the protection of the property in the event of armed conflict) (first Protocol), in the execution of the second Protocol of 26 March 1999 to the Hague Convention of 1954 for the protection of cultural property in the event of armed conflict, second Protocol), given the message of the federal Council of November 13, 2013, stop: Section 1 provisions general art. 1 purpose this law sets: a. measures for the protection of cultural property to be taken in the event of armed conflict, disaster or emergency situation; (b) the tasks of the Confederation and cantons as well as their cooperation in the field of protection of cultural conflict armed, disaster or emergency.

Art. 2 definitions for the purposes of this Act, means: a. cultural property: property, buildings and centres referred to in art. 1 of the convention; b. shelters for cultural property: protected deposits intended to shelter the most important parts of the collections and the archives of cultural property of national significance; c. refuge: protected provisionally made available by Confederation and facilities for the safe custody in a fiduciary capacity of movable cultural property forming part of the cultural heritage of a State and seriously threatened on the territory of the State which owns them or holding them.

Section 2 tasks and collaboration in the field of the protection of cultural property art. 3 tasks of the Confederation Confederation prepares and executes the measures for the protection of cultural goods which are its property or who are entrusted to him. It can coordinate the preparatory measures of national interest.
It maintains contacts at the national and at the international level in the field of the protection of cultural property.
She may prescribe measures for the protection of cultural property conservation which the Switzerland is interested as a State and mandatory measures to run the convention and the second Protocol.
It can support the cantons in the creation of security and photographic reproductions of security documentation.
The federal Council regulates the classification of cultural property into categories and set the criteria.

Art. 4 tasks of the federal Office for the protection of the population of the federal Office of protection (FOCP) has the following tasks in the field of the protection of cultural property: a. He advises and supports the federal authorities in the field of the protection of cultural property, and assure the coordination of work; b. He advises the cantonal authorities in the field of the protection of cultural property and supports them in the preparation and execution of measures within their competence; c. it informs and advises third parties in the field of the protection of cultural property; d. He holds an inventory of cultural property of national significance and regional (inventory PBC), submitted to the federal Council for approval and publishes e. manages the geographic information system of the protection of cultural property in accordance with the law on the geoinformation; f. coordinates tasks related to the applications of special protection (art. 7) or enhanced protection (art. 8); g. he formed civil protection executives responsible for the protection of cultural property; h. it can train the staff of cultural institutions in the field of the protection of cultural property; the federal Council may provide minimum training requirements.

RS 510.62, 510.620, 510.620.1 art. 5 tasks of the cantons each canton shall designate a competent authority in the safeguarding of cultural property.
The cantons designate cultural property situated in their territory there is place to protect in the event of armed conflict, disaster or emergency situation. The designation of cultural property owned neither Confederation nor the cantons as well as the preparation and implementation of protection measures are communicated to the owners.
Cantons are developing, for their cultural goods particularly worthy of protection, security and photographic reproductions of security documentation.
They plan for emergency measures to be taken in case of fire, collapse of building, flood, earthquake, casting of mud or other specific hazards.
They are specialists in the protection of cultural property in civil protection.
They can make available to shelters for cultural property.
They can train the staff of cultural institutions in the field of the protection of cultural property.

Section 3 measures for the protection of cultural property art. 6. the protection of cultural property includes their backup and respect to the senses of the art. 5 and 6 of the second Protocol.
The competent authorities take all measures civilian material or organizational own to prevent or mitigate the harmful effects, for cultural property, of an armed conflict, a disaster or an emergency situation.

Section 4 Categories of protection art. 7 special protection the federal Council may, in cooperation with the canton concerned and for a cultural property of national significance, apply to Unesco to obtain special protection within the meaning of art. 8 to 11 of the convention.
The federal Department of defence, protection of the population and sports, in agreement with the federal Department of the Interior, offers the filing of an application to the federal Council.

Art. 8 enhanced protection the federal Council may, in cooperation with the canton concerned and for a cultural property of national significance, filed with Unesco a request for the protection to the senses of the art. 10-14 of the second Protocol.
The federal Department of defence, protection of the population and sports, in agreement with the federal Department of the Interior, offers the filing of an application to the federal Council.

Section 5 distinctive sign of cultural property art. 9 distinctive sign the distinctive sign of the convention consists of a shield, pointed at the bottom, quartered in saltire-blue and white (a trained coat-blue square whose one of the angles is part of the point of the shield, and a-blue triangle above the square, the two delimiting a white triangle on each side).

The federal Council determines the technical requirements applicable to the manufacture of the distinctive sign.

Art. 10 use of the distinctive cultural property of national significance are reported by a single coat of arms.
Cultural property under special protection are marked with three coats of arms arranged in the following way: cultural property under enhanced protection are reported by a coat of arms at least.
For the rest, the use of the distinctive sign is governed by art. 17 of the convention.

Art. 11 signs the distinctive sign is affixed on the orders of the federal Council in the event of mobilisation of the army or establishment of civil protection in the context of an armed conflict.
The cantons may affix in peacetime already the hallmark of cultural property of national significance located on their territory.

Section 6 Refuge art. 12. when cultural property are threatened by armed conflict, disaster or emergency situations, the Confederation can provide shelter within the meaning of art. 2, let. c, if the safe custody fiduciary of such cultural property is placed under the patronage of Unesco.
The federal Council may conclude to that effect of international treaties. These treaties regulate: a. the terms and the conditions of transport of cultural property; (b) the protection, conservation and maintenance of cultural property; c. accessibility to cultural assets; (d) the terms and conditions of the exhibition and study of cultural goods; (e) the length of the deposit; (f) the terms and conditions of the return of cultural property to the State of origin; g. management of the transportation costs insurance, the deposit and conservation of goods cultural; h. the cultural property insurance i. responsibility for cultural property; j. applicable law; k. the competent court.

Third parties cannot be asserted as long as cultural assets are located in Switzerland.

Section 7 funding art. 13 fees support the Confederation supports:

costs related to the accomplishment of the tasks entrusted under arts. 3 and 4 b. costs him cause his contest as a protecting power, participation in the international monitoring of the transport of cultural property and the performance of tasks of international control within the meaning of the convention; c. the remuneration and expenses of the Commissioner-general for cultural property, of the inspectors, experts and delegates of the protecting powers within the meaning of art. 10 of the implementing regulation.

Art. 14 repealed by no I 1 of the Federal Act of 19 June 2015 on the program of consolidation and review of the tasks of 2014, with effect from Jan 1. 2016 (2015 4747 RO; FF 2013 2014 8171, 757).

Art. 15 procedure Confederation makes grants only when the rest of the funding is guaranteed.
The likely financial benefits related to the implementation of measures of protection are taken into account when setting the amount of the grant.
If the FOCP reduced the amount of a grant upon approval of the application, refuse it or reduced the amount of the subsidy in the revision accounts, it must justify its decision. It can be the subject of opposition within 30 days following its notification.
The federal Council regulates the conditions for obtaining, refusal and reduction of subsidies as well as the terms of payment.

Section 8 provisions criminal art. 16 misuse of the distinctive sign anyone, intentionally and without right, for the protection of the public international law or other benefit, made use of the distinctive sign of the appellation "coat of arms of cultural property" or any other sign or name that can be confusing, is punished with imprisonment of three years to the more or less of a financial penalty.

Art. 17 misuse of the distinctive commercial anyone who, intentionally and without right, be the distinctive sign or the appellation 'coat of arms of cultural property' or any sign or designation that can lead to confusion on signs, the papers of trade, goods or on their packaging, or sells, puts on sale or puts into circulation in any other way thus marked goods is punished with a fine.
If the author acts negligently, the sentence is a fine of 5000 francs at most.

Art. 18 obstruction and opposition to the implementation of measures of protection anyone who hinders or prevents the execution of measures of protection ordered by the FOCP or, without right, removes or makes it unrecognizable badges affixed to report protected cultural property, is punished with a custodial sentence of more than three years or a monetary penalty.
If the author acts negligently, shall be punished for a monetary penalty of 180 days-fine at most.

Art. 19 criminal prosecution based on other legislation the criminal prosecution based on other laws is reserved.

Art. 20 further prosecution and judgement of offences are the responsibility of the cantons.

Section 9 provisions final art. 21 execution the federal Council shall issue implementing provisions.
Execution is the responsibility of the cantons as far as this Act only assigns it to federal authorities.

Art. 22 repeal of another act the Federal law of 6 October 1966 on the protection of cultural property in the event of armed conflict is repealed.

[RO 1968 1065, 1991 857 app. ch. 11, 2007 5779 ch. II 9, 2008 3437 ch. II 24, 2011 5891 ch. II 2]

Art. 23 amendment to another Act.

The mod. can be found at the RO 2014 3545.

Art. 24 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 January 2015 2014 3545 RO * terms for individuals apply to women and men.
RS 101 RS 0.520.3 RS 0.520.31 RS 0.520.32 RS 0.520.33 FF 2013 8051 ACF of June 20, 2014 State on January 1, 2016

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