Rs 946.202.1 Order Of 25 June 1997 On The Export, Import And Transit Of Goods Usable For Civilian And Military Purposes And Specific Military Goods (Ordinance On The Control Of Goods, Ocb)

Original Language Title: RS 946.202.1 Ordonnance du 25 juin 1997 sur l’exportation, l’importation et le transit des biens utilisables à des fins civiles et militaires et des biens militaires spécifiques (Ordonnance sur le contrôle des biens, OCB)

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946.202.1 Ordinance on the export, import and transit of goods usable for civilian and military purposes and specific military goods (Ordinance on the control of goods, OCB) of June 25, 1997 (status March 1, 2016) the Swiss federal Council, view the art. 2, al. 2, 11 and 22, al. 1, of the Act of 13 December 1996 on the control of property, view of art. 22, art. 1, let. b, of the Act of 20 June 1997 on weapons, view of art. 150, art. 2, let. c of the Act of 3 February 1995 on the army and administration militaire4 stop: Chapter 1 provisions general art. 1 scope of application this order regulates the export, import and transit of goods usable for civilian and military purposes and specific military goods which are the subject of international measures non-obligatory control in international law.
The usable goods purposes and military industrial list of the Wassenaar Arrangement (WA), the Control Regime (MTCR) missile technology, of the list of dual-use the Group of nuclear suppliers (NSG) countries and of the Australia Group (AG) are mentioned in annex 2.
Specific military goods of the Wassenaar Arrangement munitions list are mentioned in annex 3.
The order is applicable on Swiss customs territory, in the Swiss Open customs warehouses, warehouses Swiss consumer goods, in francs under Swiss customs deposits as well as the Swiss customs enclaves.

New content according to chapter 63 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).

Art. 2 definitions for the purposes of this order, means: a. development: all phases prior to serial production, such as design, research, analysis, development of concepts, Assembly and testing of prototypes, pilot production plans development and design data, the process of transformation of the design in a data product, configuration design , the design of integration plans; b. production: all the manufacturing steps such as product, production, integration, Assembly, inspection, testing, quality assurance engineering; c. use: operation, installation (including on-site installation), maintenance (checking), repair, review and renovation; d. technology: specific information not available to the public or not used to the basic scientific research in the form of technical documentation or technical assistance, which are necessary for the development, production or use; e. technical documentation: construction drawings, plans, diagrams, models, formulas, plans and specifications, manuals and instructions written or recorded on media; (f) technical assistance: instructions, the transmission of skills and knowledge exploitation , training, consulting services, etc. g. property value: the price or the value according to the art. 9 the order of December 5, 1988 on trade statistics.

Other definitions are provided in annex 1.

[RO 1988 2047, 2007-1469, 2000 611 annex 4 ch. 19, 2008 1833 appendix c. 1.] RO 2011 4731 art. [19]. currently see the O of the oct. 2011 (RS 632.14).

Chapter 2 Section 1 export allowed individual art. 3 the licensing anyone who wants to export goods mentioned in schedules 2, 3 and 5 must have, for each destination state, of an export permit from the State Secretariat for Economic (Affairs SECO).
Anyone who wants to export goods mentioned in annex 2, part 1, number of list 0C001, 0C002, 0D001, must be holder, for each destination status, a permit for the export of the office of energy (SFOE). This applies also to goods bearing number 0E001 list, in the case of software or technology in respect of property with the number 0C001 or 0C002. If necessary, the Agency replaces SECO for the application of the other provisions of this order. The provisions of the Ordinance of 10 December 2004 on nuclear energy are reserved.
A permit is also required to export a good that is not mentioned in the annexes 2 and 3, but which contains components which are mentioned, which are part of the main elements of the property in question or are, in total, more than 25% of its value. The facilities are not considered to be goods within the meaning of this provision.

New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
SR 732.11 introduced by no II 1 of Schedule 6 to the O of 21 March 2012 on the application of safeguards, in force since May 1, 2012 (RO 2012 1703).

Art. 4Obligation to declare the exporter declares SECO export of goods not referred to in annexes 2, 3 and 5 when he assumes knows that these goods are intended, or may be, development, production or use of nuclear, biological or chemical weapons (ABC weapons) or vector systems for a commitment from ABC weapons or facilities for ABC weapons or their vectors systems.
Mandatory reporting also applies to the goods referred to in annexes 2, 3 and 5 for which an export permit has already been issued or for which are planned reductions or exceptions to the permit.
SECO prohibits export when it has reason to believe or that he knows that the goods intended for export are intended, or may be, development, production or use of ABC weapons or vectors systems to a commitment from ABC weapons or facilities for ABC weapons or their vectors systems.
It takes its decision within a maximum period of fourteen days from the declaration of export. This period may be extended if necessary. The export is prohibited until the decision of the SECO.
In accordance with art. 15, al. 1, let. b, of the law of 13 December 1996 on the control of goods, is punished anyone who: a. violates the mandatory declaration referred to in para. 1 or 2; b. violated the export ban referred to in para. 3 or 4.

New content according to chapter I of O on August 24, 2011, in effect since Sept. 15. 2011 (2011 3981 RO).

Art. 5 conditions for the individual permits individual permits are issued only to natural or legal persons having their domicile or their seat on the Swiss customs territory or in a Swiss customs enclave. The competent authorities may provide for exceptions in motivated cases.
SECO may require the following documents: a. descriptive business; b. confirmation of order, contract of sale or invoice to the client; c. statements of use of the exporter; d. certificates of the State importing recipient; e. statements of final destination of the recipient; f. for export of firearms, accessories and components, ammunition and ammunition components: a certificate of import to the State of destination if the recipient is not a foreign Government or a company working on behalf of it; in lieu of a certificate of import, it is possible to present evidence that the certificate is not required.

New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
Introduced by the I of O ch. 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
New expression according to no II 3 of Schedule 4 to the O from 2 July. 2008 on the weapons, in effect since Dec. 12. 2008 (RO 2008 5525). This mod has been taken throughout the text.

Art. 6 refusal of the individual permit the individual permit is denied if there is reason to suspect that any property that must be implemented: a. will be used to develop, produce or use chemical or biological weapons (weapons BC); (b) will be used to develop, produce or use nuclear weapons (guns) or unmanned flying machines destined to the commitment of ABC weapons and will be used to proliferate these weapons; OUC. addressing conventional arms of a State whose behavior threatens regional and international security.

Moreover, the grounds for refusal of the permit set out in art. 6 of the Act on the control of goods are applicable.
The re-export of imported goods may also be refused if the State of origin informs SECO it requires consent for re-export and that this one is lacking.

New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Art. 7 ban on the transmission and validity individual licences are not transferable.
They are valid for twelve months and may be extended for six months at the most.

Section 2 General permits to export art. Regular General 8Licence to export the SECO may issue a licence of regular general export (LGO) for the export of goods listed in annex 2, part 2, and in annexes 3 and 5 to the States participating in all international control measures not mandatory under international law supported by Switzerland (list of States included in annex 4).


New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Art. Extraordinary General 9Licence to export the SECO may issue a licence of extraordinary general export (LGE) for the export of goods listed in annex 2, part 2, and in annexes 3 and 5 to States other than those listed in annex 4.

New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Art. 10 conditions for the granting of the General export permit the LGO may be granted to natural or legal persons who: a. are entered in a register of companies in Switzerland or to the Liechtenstein; b. ensure a regulatory cross-border business performance; c. undertake to export firearms, components, accessories, ammunition and ammunition components only on receipt of a certificate of import to the State of destination or of the evidence that this certificate is not necessary.

The import certificate or proof that this certificate is not necessary must be provided at any time at the request of the SECO. The obligation to submit these documents died five years after placement under customs regime.
The GEP, the physical or legal person must also ensure internal control to the reliable company during the export of goods subject to export controls.
SECO may require information on the final destination of the goods to be exported through a LGO or a GEP.

Introduced by the I of O ch. 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
Introduced by the I of O ch. 21 nov. 2001 (RO 2002-349). New content according to chapter 63 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).
New content according to chapter I of O on August 25, 1999, in effect since Oct. 1. 1999 (RO 1999 2471).

Art. 11 rejection of the General export the LGO and the LGE license are denied: a. If there is one of the grounds for refusal pursuant to art. 6; forgotten the source. If the physical or legal person or its bodies have been convicted, in the two years preceding the application for offence: 1. to the law of 13 December 1996 on the control of goods; 2. to the provisions concerning the export, import and transit found in the Act of 13 December 1996 on war material, of the Federal Act of 25 June 1982 on external economic measures or of the law of 21 March 2003 on energy nuclear; 3. ...

The LGO and the LGE can possibly be refused for a year. This period may be reduced to six months in justified cases.

New content according to section 4 of annex 7 to the Dec. 10 O. 2004 on nuclear energy, in effect since Feb. 1. 2005 (RO 2005 601).
RS 514.51 SR 946.201 SR 732.1 repealed by no I of O from 21 nov. 2001, with effect from March 1, 2002 (RO 2002 349).
Introduced by the I of O ch. 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Art. 12 prohibition of transmission and validity the General export permits are not transferable.
They are valid for two years.

Section 3 provisions specific art. 13Exceptions to the regime of export permits an export permit is required for: a. the goods mentioned in Schedule 2, part 2, whose list number meets the code 0-099, to the States listed in annex 4; (b) the goods mentioned in Schedule 2, part 2, whose list number meets 0-099 code, if the value of the shipped goods does not exceed 5000 francs; c. the goods mentioned in Schedule 2 , part 2, whose list number meets the 101-399 code, if the value of the shipped goods does not exceed 1,000 francs; d. firearms and their ammunition, re-exported by security officials of foreign States after announced official visits; e. the guns and their ammunition, exported abroad by Swiss security officials announced official visits , then re-imported in Switzerland; f. property of troops Swiss and people that there are incorporated, exported during international commitments or statements; (g) goods of foreign troops and of people who are are incorporated re-exported following a statement in Switzerland; h. hunting and sport weapons as well as ammunition related people can admit that they will use them abroad for hunting Sports shots or a combat sport, if such weapons are then reimported; i. weapons of hunting and sport as well as the related ammunition for people which can admit that they will use them in Switzerland for hunting, sport shooting or a combat sport, when such weapons are re-exported; j. goods mentioned in annexes 2 3 and 5, returned to their original supplier without added technological value; k. firearms, their components and accessories as well as their ammunition and ammunition components contained in Schedule 3 or 5 and to be exported to a State bound by one of the association agreements to Schengen.

Exports under the terms of para. 1, let. b and c, can be split to escape the regime of the permit.
The association to Schengen agreements are mentioned in annex 6.

New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
Introduced by no II 3 of Schedule 4 to the O from 2 July. 2008 on the weapons, in effect since Dec. 12. 2008 (RO 2008 5525).
Introduced by no II 3 of Schedule 4 to the O from 2 July. 2008 on the weapons, in effect since Dec. 12. 2008 (RO 2008 5525).

Art. simplified 13aprocedure for security agents accompanying transport of values or people security officers accompanying transport values or people don't need to export and re-import of firearms and their ammunition in their activity of security agents, authorisation by gun, Ammo included. This authorisation, valid one year, allows repeated border crossings.

Introduced by the I of O ch. 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Art. 14Livraisons to diplomatic or consular representations the delivery of goods to any diplomatic representations or consular foreign as well as international organizations in Switzerland or to the Liechtenstein is considered to be an export.

New content according to chapter I of O on August 25, 1999, in effect since Oct. 1. 1999 (RO 1999 2471).

Art. 15Livraison to open customs warehouses or Frank deposits under customs control of goods referred to in annexes 2, 3 and 5 to open customs warehouses or Frank deposits under Customs requires an individual permit.

New content according to chapter 63 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).

Section 4 Procedure art. 16 requests for major importance on export applications to major, in particular political importance, and on meetings of export licence applications, SECO decided in agreement with the competent services of the federal Department of Foreign Affairs, of the federal Department of defence, protection of the population and sports and the federal Department of the environment, transport, energy and communication after consulting with intelligence of the Confederation (CBC).
If it is not possible to reach an agreement, the federal Council slice, on the proposal of the federal Department of the economy, training and research.

New content according to ch. II 22 of Schedule 4 to the Dec. 4 O. 2009 on the Intelligence Service of the Confederacy, in force since Jan. 1. 2010 (2009 6937 RO).
The name of the administrative unit has been adapted to 1 Jan. 2013 in application of art. 16 al. 3 o from 17 nov. 2004 (RO 2004 4937) official publications.

Art. 17 use of experts for the purpose of the SECO technical expertise can appeal to other federal authorities, the Association of the Swiss industry of machinery, electrical equipment and metals (Swissmem), to the Swiss society of chemical industries (SSIC), other specialized organizations or experts for technical expertise.
The staff of the specialized organizations and experts are bound to secrecy of function within the meaning of art. 320 of the Swiss criminal code.

New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
RS 311.0 Section 5 duties of the exporter arts. 18 reference to the international export controls anyone who exports goods using a LGO or a GEP or anyone who exports goods which, under art. 13, al. 1, require no permit, is required to be included on the commercial documents, such as order confirmations or invoices, export, the following: "these goods are subject to international controls in exports", or an indication of equivalent content.

Art. 19 indication of the number of permit or license on export


Anyone who exports goods through a permit is required to indicate the number of the permit in the customs declaration. If it is an individual permit, it must be submitted with the declaration to the Customs Office for the discharge or the Customs Office of control for review. If this is a general export license, the license (LGO n or n GEP) number must be indicated in the customs declaration.

Art. 20 proof of export-free permit anyone who exports goods falling within chapters of the customs tariff 28, 29, 30 (only numbers 3002.1000/9000), 34, 36 to 40, 54 to 56, 59, 62, 65 (only number 6506.1000), 68-76, 79, 81 to 90 and 93, but which are not subject to the regime of the export permit according to art. 3, or are exempt under the terms of art. 13, is required to include the mention 'free license' in the export declaration.
At the request of SECO, it must be proven at any time, by the submission of appropriate documents, export without a licence was held in accordance with the law. The obligation to provide this evidence expires five years after the placement under customs regime.

RS 632.10 Annex new content according to section I of the Nov. 21 O. 2001, in force since 1 March 2002 (RO 2002 349).
New content according to chapter 63 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).

Art. 21Conservation of all the necessary documents for export documents must be kept for ten years after the date of the placement under Customs and be submitted on request to the competent authorities.

New content according to section 4 of Appendix 2 to the Nov. 21 O. in force since Jan. 1, 2012. 2013 (2012 6781 RO).

Chapter 3 Importation and transit Section 1 import art. 22 import certificate the SECO issues for the import of goods, upon written request of the importer, a certificate of official import: a. If the supplier of the goods condition requires specifically; ETB. If the applicant is domiciled or established in Switzerland or the Liechtenstein.

It may make the granting of import certificates to the presentation of evidence relating to the proposed import (including copies of orders) as well as to the end-use of the goods.
It monitors the importation of the goods for which it has issued a certificate to import.

New content according to chapter I of O on August 25, 1999, in effect since Oct. 1. 1999 (RO 1999 2471).
New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Art. 23 charges the importer is required to import goods for which an import certificate is issued within a period of six months from the establishment of the import certificate. On written request, this period may be extended.
It must prove to SECO, using original assessment decisions and supplier invoices, that importation occurred. The evidence must be made immediately after the establishment of assessment decisions. The customs regime of temporary admission and temporary imports under ATA carnet is not a tax on importation.

New content according to chapter 63 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).

Art. 24 import not used or only partially used certificates if goods for which an import certificate is issued are not imported into Switzerland, the import certificate must be returned to the SECO.
If the import certificate can no longer be obtained from the foreign authorities, or if only a part of the advertised property is imported, the importer is required to notify in writing SECO before the expiry of the time limit for the importation of the goods.

Section 2 Transit art. 25...

The customs bodies are authorized to hold property in transit referred to in annexes 2, 3 and 5 for the purpose of clarification.
As far as the State of origin restricts export of goods referred to in annexes 2, 3 and 5, their transit is prohibited if the person entitled does not prove that the goods have been shipped in the new State of destination in accordance with the legal requirements of the State of origin. This evidence is not required if the goods are intended for a State referred to in Schedule 4.
Proof of legally compliant shipping in the new country of destination must be made at the entry of the goods in the Swiss customs territory. A time limit may be granted in justified cases.
Forbidden SECO transit if there is reason to assume that it contravenes the international control measures supported by the Switzerland.
Exit an open customs warehouse, a warehouse of goods for mass consumption or Frank deposit bond is regarded as a transit.
The al. 1 to 3 shall not apply to travellers in transit through Swiss airports, who have in their luggage for personal use, of the firearms, their components and accessories as well as ammunition and ammunition components, provided that these assets do leave not the airport transit area. This rule applies by analogy to the dispatched luggage in advance or that follow.
The al. 1 to 3 shall not apply to security agents mandated by a State transit announced official visits and in possession of weapons and ammunition.

Repealed by no I of O from 21 nov. 2001, with effect from March 1, 2002 (RO 2002 349).
New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
New content according to chapter I of O from 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
New content of the sentence according to section I of the O on August 25, 1999, in effect since Oct. 1. 1999 (RO 1999 2471).
New content according to chapter 63 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).
Introduced by the I of O ch. 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).
Introduced by the I of O ch. 21 nov. 2001, in force since 1 March 2002 (RO 2002 349).

Chapter 4 controls and measures administrative art. 26 control SECO carry out controls.
The border control is the responsibility of the customs bodies.
The SRC provides the intelligence service.

Introduced by the I of O ch. 21 nov. 2001 (RO 2002-349). New content according to ch. II 22 of Schedule 4 to the Dec. 4 O. 2009 on the Intelligence Service of the Confederacy, in force since Jan. 1. 2010 (2009 6937 RO).

Art. 27 administrative measures permit are removed if their grant, the circumstances have changed so that the conditions for refusal referred to in art. 6 or 11 are met.
SECO can withdraw, not to extend or not to renew the permit to export and import certificates, or refuse for a while granting other licenses to export and import certificates to anyone who does not respect the conditions and charges which include permits and certificates of import requirements, or the decisions made under the law of 13 December 1996 on the control of goods.

Chapter 5 provisions final art. 28 repeal of the law in force are repealed: a. order of February 12, 1992 on export and the transit of goods and technology related to the ABC weapons and missiles; (b) the order of 7 March 1983 on the traffic of goods with abroad; c. the order of 7 March 1983 concerning the monitoring of imports d. order the DDPS of 20 November 1991 concerning the designation of chemical substances subject to authorisation; e. order of the DDPS on June 28 1993 concerning biological agents subject to authorization.

[RO 1992 409, 1994 1328 art. 13 c. 2, 1995 5654, 1997 506]
[RO 1983-358, 1991 32]
[RO 1983 361, 1994 1328 art. 13 ch. 1, 1995 5650]
New abbreviation according to ACF on Dec. 19. 1997 (unpublished). This mod has been taken throughout the text.
[RO 1992 213, 1997 17 art. 38 point 1]
[RO 1993 2268]

Art. 29 amendment of the law in force.

Mod. can be found at the RO 1997 1704, 2002-349.

Art. 30 entry into force this order comes into force on October 1, 1997.

Annexes 1 and 2 of these annexes are not published to the RO (RO 2014 4553, 2016 493). They can be ordered at SECO, sector controls to the industrial export/products, Holzikofenweg 36, 3003 Bern or found on the Internet at www.seco.admin.ch > Themes > foreign trade > export controls > industrial products (dual - use) and specific military goods (Licensing).

State March 1, 2016 Schedule 3 this annex is not published to the RO (RO 2012 1773, 2014 2507). It can be ordered at SECO, sector controls to the industrial export/products, Holzikofenweg 36, 3003 Bern or found on the Internet at www.seco.admin.ch > Themes > foreign trade > export controls > industrial products (dual - use) and specific military goods (Licensing).

State March 1, 2016 annex 4 (art. 8 and 13) list of countries according to the art. 8 and 13 Germany Argentina Australia Austria Belgium Bulgaria Canada Korea of South Denmark Spain United States of America Finland France Great Britain Greece Hungary Ireland Italy Japan Luxembourg Norway New Zealand Netherlands Poland Portugal Czech Republic Sweden Turkey Ukraine


New content according to chapter I of O of the Davis from 1 July. 2005, in force since August 1, 2005 (RO 2005 3537).

Status March 1, 2016 schedule 5 (art. 3, para. 1) goods which are not subject to international 1 export control regimes. Weapons, essential components of weapons, weapons accessories, ammunition and ammunition components mentioned in the Act of 20 June 1997 on the weapons, which are not subject to the legislation on war materials or in Appendix 3 of this order. Are exempt from traffic to non-professional title the daggers and knives according to art. 7, al. 2, of the Ordinance of September 21, 1998, on the armes.2. The explosives and powder of war referred to in the Act of 25 March 1977 on explosives, which are not subject to the legislation on war materials or in schedules 2 and 3 of the present ordonnance.3. The aircraft, specially designed or modified for military training, to a maximum of two hard points, and specially designed components.

Introduced by section II al. 3 nov 21 o. 2001, in force since 1 March 2002 (RO 2002 349).
[RO 1998 2549, 2001-1009, 2002 319 2671, 2003 5143, 2005 2695 ch. 4, 2007 1469 II Appendix 4 ch. 11] RO 2008 5525 annex 4 ch. I-1]. See now the O from 2 July. 2008 (RS 514.541).
RS 941.41 State March 1, 2016 schedule 6 (art. 13, para. 4) association to Schengen agreements the association to Schengen agreements include the following: a. agreement of 26 October 2004 between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis; b. Agreement October 26, 2004, in the form of exchange of letters between the Council of the Union European and the Swiss Confederation regarding the committees assisting the Commission European in the exercise of its executive powers; c. agreement of December 17, 2004, between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in Switzerland Iceland or Norway; d. agreement of April 28, 2005, between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of parts of the Schengen acquis based on the provisions of title IV of the Treaty establishing the Community European; e. Protocol of February 28, 2008, between the Swiss Confederation, the Union European Community European and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the Confederation Switzerland, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis.

Introduced by no II 3 of Schedule 4 to the O from 2 July. 2008 on the weapons, in effect since Dec. 12. 2008 (RO 2008 5525).
RS 0.362.31 RS 0.362.1 RS 0.362.32 RS 0.362.33 RS 0.362.311 State March 1, 2016

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