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RS 0.631.112.136 Treaty of 23 November 1964 between the Swiss Confederation and the Federal Republic of Germany on the inclusion of the municipality of Büsingen am Hochrhein in the Swiss customs territory (with final protocol and annex)

Original Language Title: RS 0.631.112.136 Traité du 23 novembre 1964 entre la Confédération suisse et la République fédérale d’Allemagne sur l’inclusion de la commune de Büsingen am Hochrhein dans le territoire douanier suisse (avec protocole final et annexe)

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0.631.112.136

Translation 1

Treaty

Between the Swiss Confederation and the Federal Republic of Germany on the inclusion of the municipality of Büsingen am Hochrhein in the Swiss customs territory

Concluded on 23 November 1964
Approved by the Federal Assembly on December 16, 1965 2
Instruments of ratification exchanged on 4 September 1967
Entered into force on 4 October 1967

(State 17 July 2001)

The Swiss Federal Council and the President of the Federal Republic of Germany

Driven by the desire to adapt to mutual interests the relationship between the municipality of Büsingen am Hochrhein and the Swiss Confederation inherent in the particular geographical situation of this municipality, have agreed to conclude a Treaty on inclusion From the municipality of Büsingen am Hochrhein in the Swiss customs territory.

To this end, they have appointed their plenipotentiaries, namely:

(Following are the names of plenipotentiaries)

Which, after having communicated their full powers found in good and due form, have agreed as follows:

First part attachment to the customs territory and application of Swiss law

Title 1 General rules

Art. 1

The territory of the municipality of Büsingen am Hochrhein, subsequently called 'Büsingen', which forms an enclave in the Swiss territory, remains excluded from the German customs territory and is attached, notwithstanding its political affiliation to the Republic Federal Republic of Germany, to the Swiss customs territory.

Art. 2

(1) Subject to the specific provisions set out below, Swiss (federal and cantonal) legal and regulatory provisions shall apply to Büsingen in respect of the following matters:

A.
Customs duties;
B.
Import, export and transit of goods;
C.
In agriculture:
1.
Cultivation of bread-making cereals;
2.
Conservation of field culture and adaptation of production to flow opportunities, with the exception of plant breeding, seed production and sugar beet cultivation;
3.
High;
4.
Use, care and prices of agricultural products and various facilities;
5.
Milk and milk products;
6.
Poultry and egg trade;
7.
Fertilizers and fodder, seeds, products for the protection of plants, herbicides and other agricultural auxiliary materials;
8.
Protection of agricultural plants, except for the participation of the State in the costs of hail and other damage caused by natural forces;
9.
Forestry plants and plants;
10.
Use of potatoes;
11.
Outbreak control;
12.
Reduced fuel prices for agriculture;
13. 1
Agricultural Statistics;
D.
In terms of public health:
1.
Border Health Service;
2.
Transport of corpses, with the exception of transport within communal boundaries;
3.
Drugs and Drug Trade;
4.
Serums and vaccines;
5.
Arsenic derivatives,
6.
Trafficking in poisonous substances;
7.
Drug regulation;
8.
Food products and common objects;
9.
Absinthe and anised drinks;
10.
Artificial wine and cider;
E.
Economic measures for war and war economy (population supply in the event of a state of emergency);
F.
Technical control of products of the watch industry;
G.
Tax 2 On turnover;
H.
Tobacco taxation;
I.
Taxes on beer and taxes on other beverages to the extent that these taxes fall within the two Contracting States of the federal jurisdiction;
K.
Distilled beverages (spirits);
L. 3
Taxes on fossil oils, other mineral oils, natural gas and those on their derivatives as well as on fuels from other raw materials;
M. 4
Importation, delivery and personal use of automobiles within the meaning of the Swiss motor vehicle taxation law 5 ;
N. 6
Control of trafficking in precious metals and articles of precious metal,
O. 7
Freight traffic statistics across the border;
P. 8
Subversive propaganda material;
Q. 9
The manufacture of currencies (including gold coins) which by their strike, weight or size are identical or similar to the Swiss currencies.

The laws and regulations governing these matters in the Federal Republic of Germany are not applicable to Büsingen.

(2) In so far as, pursuant to paragraph 1 above, Swiss law is applicable and unless otherwise provided below, Büsingen is assimilated into the territory of Schaffhausen and the municipality of Büsingen am Hochrhein enjoys legal status Of a municipality in the canton of Schaffhausen.

(3) To the extent that, according to the Swiss laws and regulations applicable under paragraph 1 above, the application of those provisions or the granting of an authorization is subject to legal conditions that the inhabitants of Büsingen is not in a position to fulfil, these conditions are supposed to be fulfilled if they were fulfilled or if they were not payable under German law.

(4) In so far as, pursuant to paragraph 1 above, Swiss law is applicable and unless otherwise provided below, this right shall be applied by the Swiss authorities. The persons affected by the Swiss laws and regulations applicable to Büsingen or by the application of such measures shall be assimilated to the Swiss inhabitants of the rest of the Swiss customs territory in respect of the means and Appeal bodies.


1 Introduced by Art. 1 of the Ac. Of March 19, 1997, effective from 3 September 1997. 1998 ( RO 2001 1629 )
2 New word according to Art. 2 of the Ac. Of March 19, 1997, in effect since 3 Sept. 1998 ( RO 2001 1629 ). This amendment has been taken into account throughout this text.
3 Introduced by Art. 3 of the Ac. Of March 19, 1997, in effect since 3 Sept. 1998 ( RO 2001 1629 )
4 Introduced by Art. 3 of the Ac. Of March 19, 1997, in effect since 3 Sept. 1998 ( RO 2001 1629 )
5 RS 641.51
6 Formerly let. L.
7 Formerly let. M.
8 Formerly let. N.
9 Formerly let. O.

Art. 3

(1) The claims which the Swiss authorities claim under the provisions set out in Article 2 (1) against a resident of Büsingen shall be recovered, at the request of the competent Swiss authority, by the German financial office Competent for Büsingen in accordance with the German provisions relating to the recovery of tax debts.

(2) The legal basis for the seizure of an object in respect of which there is no customs guarantee shall be a final and binding decision of the competent Swiss authority. On that decision, the Swiss authority to be designated in accordance with the provisions of the Final Protocol shall attest to the competence of the authority from which the decision emanates, as well as the final and binding nature of the decision.

(3) The Swiss decision is not subject to a substantive examination by the German authorities. If, however, they find that the decision contains obvious inaccuracies, they may return it to the Swiss authority. The Commission shall take a final and binding decision on the correction.

(4) Where the debtor objects to the claim, that opposition shall be examined by the competent Swiss authority outside the enforcement procedure. As long as the Swiss authority does not request a non-suit, the enforcement procedure is not suspended.

(5) In a procedure of enforced execution or bankruptcy, the claims of the Swiss authorities referred to in paragraph 1 above have the same rank as similar claims by the German authorities.

(6) When a resident of Büsingen owns property in Switzerland, the Swiss authorities also have the possibility to initiate proceedings against him in Switzerland, according to Swiss law. In such cases, the court of seizure shall be constituted in the town of Schaffhausen.

Title 2 Special rules

Art. 4

Where an object in respect of which a Swiss customs guarantee exists has to be seized by its holder and the holder is opposed to it, the Swiss customs officer responsible for the execution of the seizure must be accompanied by a German customs officer who will ensure that What this measure does not move away from its goal.

Art. 5

(1) The following goods shall be exempt from Swiss entry and exit fees and sales tax, as well as prohibitions and economic restrictions on the import and export of the following goods from traffic Free German and are transported from German customs territory to Büsingen and brought back from Büsingen to German customs territory:

1.
Goods of which the German authorities at the federal level of the "Land" and the district need for the performance of their official duties, with the exception of foodstuffs, tobacco, beverages and fodder;
2.
Official forms, collections of laws and printed matter required by the municipality of Büsingen am Hochrhein for the performance of its official functions;
3.
School equipment for public schools, to the extent that its characteristics have been adopted by the German school authorities;
4.
Any other goods which the municipality of Büsingen am Hochrhein requires for the performance of its official functions, when it receives for them a subsidy from a community of German public law outside Büsingen or They must obtain them in German customs territory on the order of the supervisory authority responsible for it.

(2) The goods transported for the purpose of a sale of goods by the authorities or bailiffs shall be exempt from entry and exit rights and economic prohibitions and restrictions on the import and export of goods German of Büsingen in German customs territory and brought back to Büsingen for not having been sold. The Swiss exit fees that would have been paid will be returned. An official attestation must certify that the above conditions have been fulfilled.

Art. 6

The competent Swiss authority will issue milk sales authorisations for Büsingen without taking into consideration the existence of a need.

Art. 7

The establishment of poultry farms and farms with a capacity of more than 150 adult birds or the extension of such farms or farms is subject to an authorisation issued by the competent Swiss authority. The authorisation may not be refused or subject to conditions if it is for reasons of public interest and in particular where the creation or extension would be detrimental to the Swiss market.

Art. 8

The quantity of potatoes from Büsingen capable of being taken care of in accordance with the provisions of the Swiss alcohol law relating to the use of surplus potatoes shall not be greater than Quantities of potatoes from the municipalities of the canton of Schaffhausen whose production conditions are comparable. The competent Swiss authorities have the authority to set a ceiling in this respect.

Art.

The granting of authorisations for the manufacture of medicinal products, serums and vaccines outside pharmacies is governed exclusively by German law. As for the retail trade of medicines outside pharmacies, it is governed by German law when its provisions are stricter.

Art. 10

As regards the Swiss legislation on narcotic drugs, persons admitted to practice in Büsingen in accordance with German law are treated as persons admitted under Swiss law.

Art. 11

(1) The inhabitants of Büsingen owners of raw materials will receive the water-de-vie distilled in committee by a distiller on a concessional basis in Switzerland after having paid the right fixed by the Swiss Liquor Control Board.

(2) A producer who carries on an agricultural field as a farmer and who does not distillate only his native harvest and the materials harvested in the wild by his or her care shall be granted for the purposes of his household and field Total quantity of ten litres of water-of-life (twenty litres for areas of a certain scope), which will be deducted when determining the amount of the right to be paid.

(3) The functions of the local monitoring offices of distilleries shall be carried out in Büsingen by the supervisory office of the Town of Schaffhausen.

Art. 12

Persons domiciled in Switzerland are not allowed to acquire in Büsingen arms subject to a purchase permit even when they are in possession of the said licence. It is forbidden to hand over such weapons.

Art. 13

An authorization to manufacture powders and explosives that do not fall under the provisions of the War Weapons Control Act is valid in Büsingen only to the extent that manufacturing is used to satisfy local needs. A sales authorization is only valid for sale for use in Büsingen.

Art. 14

(1) An offence in respect of one of the matters listed in Article 2, paragraph 1, shall be judged according to Swiss law even if the qualification of the reprehensible fact emerges from the Swiss Penal Code 1 ; it is repressed only under Swiss law, even if it is simultaneously an offence under the German Penal Code.

(2) For the purpose of determining a total penalty, the Swiss and German convictions are equivalent. The Swiss authorities execute the sentences handed down by the Swiss courts, the German authorities those handed down by the German courts. However, in the State where the last execution takes place, only the remainder of the sentence resulting from the overall conviction may be applied; to that extent, a sentence handed down or suspended under condition shall be treated as a sentence served.


Art. 15

(1) The criminal proceedings carried out by the Swiss authorities in Büsingen are governed by the following special provisions:

A.
The person arrested for having committed an offence must be presented no later than one day after his arrest to the competent Judge of Schaffhausen to issue arrest warrants, which must inform him of the reasons for his arrest. Hearing, giving him the opportunity to raise objections and then issuing, without delay, a written and reasoned arrest warrant or order the inmate's enlargement. An appeal may be lodged before the higher court against the arrest or refusal of release, in accordance with the criminal procedure of the canton of Schaffhausen.
Any judicial decision to arrest or maintain it must be communicated without delay to a parent or to a person of confidence in the detainee.
The arrest of a German must be communicated within 24 hours to the "Landratsamt" of Constance.
B.
The search of an apartment may be ordered only by the competent judge in accordance with the law of Schaffhausen; in the event of imminent danger, an apartment may be searched by the competent official without having a judicial warrant.
Any search of an apartment must be carried out in the presence of a German official who will ensure that this measure does not depart from its purpose.
C.
Where the investigation does not come under the jurisdiction of the judicial authorities, an investigating officer may only be aware of commercial papers and books as long as he or she is vested with a specific legal right of scrutiny or where The holder authorizes it. At the request of the holder, the official shall place the commercial papers and books, the examination of which appears in the envelope, to be sealed in the presence of the holder or his representative with the official seal and shall give the whole to the judge Competent under the law of Schaffhausen. The latter shall issue to the investigating authority the commercial papers and commercial books necessary for the purposes of the investigation or communicate the contents thereof, provided that there are legal reasons not to do so.
D.
When the competent Swiss official wishes to seize an object that has been sequestered or must be held and the holder objects to it, it must be accompanied by a German official who will ensure that this measure does not depart from its purpose.

(2) Where a German official who is present under paragraph 1, letter b. Or d. Above is of the opinion that a measure taken by the Swiss investigating officer in accordance with these provisions deviates from its purpose, the question is decided by the auditor judge of Schaffhausen d' cartel with the "Landrat" of Constance. Pending this decision, the seized items must be deposited in the town hall of Büsingen.

(3) Where, according to Swiss law, a criminal decision of the administration can be challenged only by administrative appeal, the person concerned has the right, if he is a resident of Büsingen and has committed the offence, to request that the criminal decision The competent department shall be the subject of a judicial decision in accordance with Article 300 et seq. Of the Federal Law of 15 June 1934 on criminal procedure 1 ; in such cases, the court shall be appointed to the competent courts for Schaffhausen.

(4) As regards compensation for damage suffered in the wrong way, the provisions of Swiss law shall apply in the same way as in Switzerland.


1 RS 312.0 Art. 279 to 326 have been repealed. Currently, see the DPA (RS 313.0 ).

Part Two Border Crossing; Regulation of the Police of Foreigners, Work and the Exercise of Industrial or Commercial Activity

Art. 16

(1) Between Büsingen and Switzerland, Germans and Swiss nationals do not need a document for crossing the border. There is no border control.

(2) The right to carry out police checks remains reserved.

Art. 17

(1) Germans fulfilling the conditions of Article 19 (1) shall not be subject to the sanitary supervision of the Swiss border when they take up employment in the Swiss territory described in Article 19. Similarly, the Germans travelling to Büsingen from the territory of the Federal Republic of Germany in order to work there are not subject to this fact to the sanitary surveillance of the Swiss border.

(2) Germans domiciled in Büsingen are treated as Swiss nationals domiciled in Switzerland with regard to health surveillance of the Swiss border.

Art. 18

Foreigners who are nationals of third countries, who must obtain a residence permit for their stay in the territory of the Federal Republic of Germany, need an additional authorisation for a stay in Büsingen, who Is issued by the "Landratsamt" of Constance after consultation with the competent Swiss authorities.

Art. 19

(1) The facilities provided for by this Treaty in respect of the police of aliens, work and the exercise of industrial or commercial activity shall be granted to the Germans fulfilling the following conditions in the canton of Schaffhausen as follows: In the parts of the cantons of Thurgau and Zurich described in the Annex to this Treaty.

A.
The facilities are granted to all Germans who, on 1 Er January 1963 and without interruption since, have been domiciled and stayed in Büsingen.
B.
Germans who have taken or will take home in Büsingen and stay or stay after 1 Er January 1963 will be able to claim the facilities after an uninterrupted stay of 10 years. When a German moves directly to Büsingen from the Swiss territory described in the first sentence of this paragraph, the duration of his uninterrupted stay in that territory shall be deducted from the waiting period, provided that he has not been Expelled from the Swiss territory for foreign police reasons or fulfilled the conditions of such a measure at the time of his departure from Switzerland.
C.
In an absence of Büsingen which by its nature is transitory (studies, vocational training, military service, etc.) the stay is not considered to be interrupted.
D.
The Germans, their spouses and minor children living in their homes (including children and adoptive children) will have access to the facilities without delay if their residence and stay in Büsingen take place with a view to
1.
Establish in a conjugal relationship with a German resident in Büsingen;
2.
Settle on property acquired by way of succession;
3.
Operate a profit-making business acquired from a parent in Büsingen or by succession;
4.
Acquire and operate a profit-making enterprise of a German with the facilities indicated in the letters a and b above, which cannot be exploited for personal reasons, provided that the latter has not rejected an offer Equivalent of a German with the same facilities.
In the event of installation for family reasons other than those set out in numbers 1 to 3 above, the possibility of granting facilities without delay or before the discharge of the latter will be the subject of a benevolent examination.

(2) Swiss nationals may benefit from these facilities in Büsingen if they are domiciled and stay in the Swiss territory described in the preceding paragraph. The provisions of paragraph 1, letters a to d, shall apply mutatis mutandis, the Swiss territory shall describe the paragraph taking the place of the territory of Büsingen.

Art.
(1) a.
Germans who comply with the conditions of Article 19, paragraph 1, and who so request, shall be given the authorisation of the police of foreigners to carry on an employment in the Swiss territory described in Article 19 under the same conditions as Swiss nationals. Professions reserved by the law to Swiss nationals remain excepted.
B.
They are admitted to the same extent as Swiss nationals in apprenticeship for each profession that the law does not reserve to Swiss nationals and will, for that purpose, receive the necessary authorisation from the police of foreigners.
C.
As part of their special situation, the official employment services are available to them to the same extent as to Swiss nationals. The ability to seek employment directly is not affected.

(2) Swiss nationals who fulfil the conditions of Article 19 (2) shall enjoy the same facilities as regards the exercise of employment in Büsingen as the Germans domiciled in Büsingen and staying there and who Fulfil the conditions of Article 19, paragraph 1, in respect of a similar activity in Switzerland. The occupations reserved by the law to the Germans remain excepted.

(3) a.
Authorization is granted for five years. At the request of the person concerned, it may be renewed for the same period at the end of that period and so on.
B.
The granting or renewal of the work permit may be refused or the permit withdrawn when
1.
According to Swiss law or, as regards Swiss border crossings in Büsingen, under German law, the conditions for expulsion or an entry ban are met;
2.
The authorisation was fraudulently obtained with false statements concerning the decisive facts for the grant.
Art.

(1) Workers living in Büsingen and working in Switzerland are treated as employees living in Switzerland with regard to family allowances under federal and cantonal legislation.

(2) The employees living in Switzerland and working in Büsingen are treated as employees in Büsingen as regards the benefits provided for under the German child allowance legislation.

Art.
(1) a.
Germans who engage in Büsingen with a duly authorized independent profit-making activity who fulfil the conditions of Article 19, paragraph 1, shall, if they so request, receive permission from the foreign police to carry out the The Swiss territory described in Article 19 their activity under the same conditions as Swiss nationals, without the establishment of an industrial or commercial establishment. The activities reserved by the law to Swiss nationals remain excepted.
B.
Their salaried employees and their family members working in the undertaking fulfilling the conditions of Article 19 (1) will also receive an authorisation. Where these conditions are not met, the authorisation will nevertheless be granted, provided that there are serious reasons not to do so.
C.
The activity on behalf of legal persons, commercial companies and other companies, cooperative societies and other associations having their registered office in Büsingen shall be treated as an independent activity. Which persons fulfilling the conditions of Article 19 (1) have a predominant economic interest.
D.
The authorization referred to in the letters a to c above will be granted for five years. After the expiry of that period, it may be renewed for the same period at the request of the person concerned, and so on.
E.
The authorisation referred to in letters a to c may be refused or withdrawn when Büsingen's privileged position is abused.
(2) a.
Swiss nationals who engage within the territory described in Article 19 to an independent, profit-making activity duly authorised and who fulfil the conditions of Article 19, paragraph 2, shall be admitted to carry on their activities at Büsingen under the same conditions as the Germans, without the creation of an industrial or commercial establishment. The beginning of the activity must be reported to the town hall of Büsingen. The activities reserved by the law to the Germans remain excepted.
B.
Their salaried employees and their family members working in the undertaking fulfilling the conditions of Article 19 (2) will receive a work permit. Where the conditions are not met, the authorisation will nevertheless be granted, provided that there are serious reasons not to do so.
C.
The activity of legal persons, commercial corporations and other corporations, cooperative societies and other associations having their registered office in the territory described in the article shall be treated as an independent activity. 19 and in which persons fulfilling the conditions of Article 19 (2) have a predominant economic interest.
D.
The communication referred to in the above letter shall contain the permission to engage in industrial or commercial activity for five years without a special authorization to that effect. If at the end of the period the activity in Büsingen is to be continued, the communication must be repeated.
E.
The exercise of an independent activity may be prohibited where the facilities granted are abused.
Art.

(1) Motor vehicles and trailers stationed in Büsingen receive German control plates with a special mark indicating the parking in Büsingen. The German competent authority for the admission of vehicles shall inform the management of the customs district of Schaffhausen of any admission of such a vehicle.

(2) Motor vehicles and trailers stationed in Büsingen shall be treated as Swiss vehicles in respect of traffic originating, in the direction and within Switzerland. Motor vehicles and trailers assigned to the regular traffic of persons and goods and stationed in Büsingen, which belong to persons fulfilling the conditions of Article 19 (1), shall be authorised by the authorities Of the canton of Schaffhausen for the traffic in Switzerland. Such authorisation may be refused where it would result in a disproportionate increase in the number of such vehicles in Büsingen or an abuse of the privileged situation of Büsingen.

(3) In so far as they do not contain divergent provisions, the present and future German-Swiss arrangements concerning the border traffic of persons and goods shall not apply to transport between the Republic Federal of Germany and Büsingen on the routes Büsingen-Neudörflingen-Randegg and Büsingen-Dörflingen/Loog-Gailingen and on the Rhine, except in respect of provisions relating to line traffic, including traffic between points Remote terminals.

Part Three Prosecution of offences relating to matters not included in Article 2; mutual legal assistance

Art. 24

(1) The criminal jurisdiction of the Contracting States remains in principle intact, in particular as regards offences committed on their territory.

(2) As regards offences committed in Büsingen by a resident of Switzerland and liable to repression under the provisions of German law, Swiss criminal law shall be applied in place of those provisions in the event of a prosecution in Switzerland, provided that it is not applicable in full.

(3) As regards offences committed in Switzerland by a resident of Büsingen and liable to repression under the provisions of Swiss law, the German criminal law shall be applied in place of those provisions in the event of a prosecution in Federal Republic of Germany, provided that it is not fully applicable.

(4) As regards the offences committed in the Federal Republic of Germany by a resident of Büsingen of Swiss nationality and liable to repression under the provisions of German law, Swiss criminal law shall be applied in place and place Of those provisions in the case of proceedings in Switzerland, provided that it is not applicable in full.

(5) With regard to offences committed in the Federal Republic of Germany by a Swiss national who may be subject to repression under the provisions of German law, Swiss criminal law shall be applied in place of those provisions in Cases in Switzerland where the accused, without being a resident of Büsingen, has been arrested, and in so far as Swiss criminal law is not applicable in full.

(6) Military, fiscal or political offences that predominates do not fall under the provisions of paragraphs 2 to 5.

Art. 25

(1) In so far as, according to the provisions of Article 24, the criminal law of a Contracting State is applicable in place of that of the other State, the first State is obliged, at the request of the other State, to continue according to the provisions of its Offences committed in the territory of the latter, where the offender is permanently resident in the territory of the requested State, does not submit to the criminal jurisdiction of the requesting State and is not extradited.

(2) In so far as in accordance with the provisions of Article 24 the Swiss criminal law is applicable in place of the provisions of German law, Switzerland is required to prosecute a Swiss national who does not possess German nationality Even when it is in Büsingen. In such cases, a formal extradition request should not be made.

(3) Where the accused is a resident of Büsingen of Swiss nationality and does not at the same time possess German nationality and where the offence committed is not only punishable by a pecuniary penalty or a fine, the Federal Republic Germany is not required to initiate a prosecution under paragraph 1 above.

(4) The request shall be accompanied by the original documents or their certified copy, the means of evidence, if any, and a statement of the facts as well as a copy of the legal provisions applicable according to the law of the State Applicant.

(5) The request may be addressed directly by the prosecuting authority of a Contracting State to that of the other Contracting State. Where the requested authority is incompetent, it shall forward the request to the competent authority and shall inform the requesting authority accordingly.

(6) The requested authority shall inform the requesting authority as soon as possible of the measures taken and shall, at the appropriate time, transmit the original or a certified copy of the final decision. The submitted objects will be returned to the requesting authority after the completion of the procedure, unless this authority waives it.

(7) The decisions of a Contracting State in place of those of the other under Article 24, paragraphs 2 to 5, shall be equivalent to the decisions of the latter State. Article 14 (2) is applicable in this respect.

(8) The costs of proceeding under the provisions of this section shall not be reimbursed.

Art. 26

(1) Where a witness resident in Büsingen refuses to act on a formal invitation addressed to him by the competent Swiss authority in proceedings under the provisions of this Part, that witness shall Authority may request the "Amtsgericht" competent for Büsingen to order the measures to be taken into account in accordance with German criminal proceedings. When the "Amtsgericht" orders that the witness must be brought before the Swiss authority, he shall do what is necessary for his surrender to that authority.

(2) No witness or expert, irrespective of his nationality, who, in the course of proceedings instituted under the provisions of this Part, presents himself to the Swiss authorities after having been summoned, shall not be prosecuted, detained or submitted Other restrictions on his personal freedom by the Swiss authorities for facts, convictions or other grounds prior to his departure from German territory.

(3) The protection granted under paragraph 2 above shall end three days after the witness or expert has been dismissed by the Swiss authority and provided that he has had the opportunity to leave Switzerland.

Art. 27

(1) Swiss nationals who are not German nationals and who have been arrested in Büsingen by German officials for committing an offence of a non-political nature punishable under German law must be handed over to the Swiss authorities who receive written communication of the facts leading to the arrest.

(2) Persons who are not of German nationality may be arrested and brought into Swiss territory by the police of the canton of Schaffhausen under a warrant of arrest issued by the Swiss authorities competent for a crime of character Non-political, also punishable under German law. In such cases, the Swiss police shall be accompanied by a German official who will ensure compliance with the conditions laid down in this Treaty.

Art. 28

(1) Where proceedings have been instituted by the competent authorities of a Contracting State by reason of an offence referred to in Article 24 (2) to (5), the authorities of the other State shall refrain from any other measure of prosecution or enforcement The same author and for the same fact

A.
Where, for reasons of substantive law, the proceedings have resulted in a final non-suit or the opening of the main action has been definitively refused;
B.
When the author has been definitively acquitted;
C.
Where the sanction imposed has been enforced, surrendered or prescribed;
D.
When the execution of the sanction has been deferred (suspended for a period of probation) or the author has been granted conditional release.

(2) Where an author of a crime, who has been validly convicted in the territory of a Contracting State but has not served or acquitted all of the sentence imposed, shall be punished for the same offence in the territory of the other State, the penalty Already purged must be deducted from the new sentence to be pronounced. This will be done in a similar manner for other types of sanctions.

Art.

Persons who are not Swiss nationals and who have been arrested by the German authorities for an offence punishable under German law or under a German arrest warrant or warrant may be transported In the Swiss territory, on the road linking Büsingen to Gailingen, by German officials. Persons who have in addition to German nationality Swiss nationality are not Swiss nationals within the meaning of this provision.

Art.

Requests for legal or official assistance from the competent authorities of a Contracting State which are enforceable under the provisions of Article 25 shall be carried out by the authorities of the other Contracting State as if it They were requests from the corresponding authorities of that State.

Part Four Specific rights and obligations of the authorities and their members

Art.

(1) Swiss officials in Büsingen in accordance with the provisions of this Treaty shall be entitled to wear their uniform and to carry their official equipment (weapons, ammunition, vehicles, transmission apparatus and dogs) for As long as this is necessary for reasons of service.

(2) The stay in Büsingen shall be limited to the length of time required for the performance of the official function.

(3) The certificate of service shall be read as a document for the passage of the border and the completion of an official act in Büsingen.

(4) The number of uniformed and armed Swiss officials simultaneously in Büsingen shall not exceed ten.

Art. 32

(1) German officials who are required to perform an official function in Büsingen are allowed to use Büsingen-Neudörflingen- Randegg and Büsingen-Dörflingen/Loog-Gailingen at any time to travel to Büsingen Individually or in groups of ten to the maximum.

(2) On this occasion, they shall be permitted to wear their uniform and carry their service equipment (weapons, ammunition, vehicles, transmission equipment and dogs) as long as this is necessary for reasons of service.

(3) They shall refrain from any official act on Swiss territory. Article 29 remains reserved.

(4) The stay in Swiss territory shall be limited to the length of time required for the crossing.

(5) The certificate of service shall be valid as a document for crossing the border.

(6) On a fixed route, no more than ten uniformed and armed German officials can be found simultaneously.

(7) The number of uniformed and simultaneous German Executive Officers in Büsingen will not exceed 3 per 100 inhabitants.

Art. 33

The authorities of each Contracting State shall accord to officials of the other State, in the exercise of their powers in their territory within the framework of this Treaty, the same protection and assistance as their own Corresponding officials.

Art. 34

As regards the criminal proceedings initiated under this Treaty, the criminal provisions of a Contracting State shall also apply to criminal acts against the installations or provisions of the public authority or of the The corresponding justice of the other State or against its officials, provided that the latter have acted in the exercise of their powers in accordance with the provisions of this Treaty. Article 28 is applicable in this respect.

Art. 35

(1) In respect of claims for damages resulting from official acts arising from this Treaty and the presentation of such claims, nationals of a Contracting State shall be assimilated to those of the other State.

(2) Liability for damages caused by officials of a Contracting State in the territory of the other Contracting State in the performance of their duties shall be determined in the same manner as if the harmful act or omission had occurred Location where these employees are stationed.

Art. 36

To the extent that they have initiated an administrative or criminal procedure under this Treaty, the Swiss authorities also have the possibility to validly serve any procedural act whose contents are allowed by Swiss law by German federal posts in Büsingen.

Art.

The correspondence between the Swiss and German authorities relating to the application of this Treaty and not to political matters or matters of principle can be made directly, without going through diplomatic channels.

Art. 38

A person who, as an official or professional, takes or will have taken part in proceedings under this Treaty, shall keep the secret of the documents, facts and events of which he or she will have or will have been informed during or during the course of That procedure, in accordance with the law of its State of origin.

Part Five Final provisions

Art. 39

The right of Contracting States to prohibit in accordance with the laws in force the passage of the border and the stay by means of prohibitions of entry and personal residence shall remain intact.

Art. 40

As regards the validity of the Swiss legal provisions applicable to Büsingen under Article 2, paragraph 1, their publication in the Compendium of Federal Statutes And to Compendium of Laws of the Township of Schaffhausen Faith. This publication is valid for the purposes of German law. The collections of the laws referred to in the first sentence of this Article shall be submitted to the municipality of Büsingen am Hochrhein by the Swiss Federal Chancellery and the State Chancellery of the Canton of Schaffhausen in the same manner as to their own Authorities.

Art.

(1) The Contracting States hereby establish a joint German-Swiss Commission with the following duties:

A.
To analyse the problems which may arise in the application of this Treaty;
B.
To submit proposals to both Governments, including proposals for possible amendments to this Treaty;
C.
To propose to the competent authorities measures to eliminate difficulties.

(2) The Commission shall consist of five Swiss members and five German members who may be accompanied by experts. The Government of each Contracting State shall designate one of its members as its Chairman. Each head of delegation may provoke the Commission, subject to a request to the Chairman of the other delegation at a meeting which, at his request, must take place no later than one month after the receipt of the request.

(3) The Commission may adopt a rules of procedure.

Art.

With the entry into force of this Treaty, the Convention between Switzerland and the German Empire relating to the badoise town of Büsingen, of 21 September 1895 1 , ceases to be in force.


1 [RS 12 6831]

Art. 43

This Treaty shall also apply to the "Land" Berlin, provided that the Government of the Federal Republic of Germany does not submit to the Swiss Federal Council a contrary statement within three months of the entry into force of the Treaty.

Art. 44 Final Protocol Annex
In Article 19

(1) This Treaty shall be ratified; the instruments of ratification shall be exchanged as soon as possible in Bern.

(2) This Treaty shall enter into force one month after the exchange of instruments of ratification.

(3) This Treaty shall first be concluded for a period of twelve years. At the end of that period, it will remain in force indefinitely, however, each Contracting State having the right to denounce it on two years' notice.

In witness whereof , the Plenipotentiaries have signed this Treaty and have their seal.

Done at Freiburg in Brisgau, on 23 November 1964, in two originals in German.

Final Protocol

By signing the Treaty concluded today between the Swiss Confederation and the Federal Republic of Germany on the inclusion of the municipality of Büsingen am Hochrhein in the Swiss customs territory, the undersigned Plenipotentiaries made the declarations Which form an integral part of the Treaty:

1. Definitions:

It is understood that, in the context of this Treaty, the

A.
"Authorities": the authorities and bodies of the public administration and of the judiciary, as well as organisations outside the administration insofar as they carry out public functions;
B.
"Officials" means persons entrusted with the exercise of a public service in the context of administration or justice;
C.
Authorities or officials "of a Contracting State" means the authorities and officials of both the Federal State and the "Länder" or the cantons, districts, districts and municipalities, as well as the organisations mentioned in the letter, which have their Membership in a Contracting State and members of such organizations.

Ad Article 2, paragraph 1, letter n:

This provision does not exclude German legislation on the protection of the State or its application by the German authorities. When the propaganda material was directed exclusively against the Swiss Confederation, only the Swiss authorities intervened.

Ad Article 3, paragraph 2:

With regard to the seizure of objects in respect of which there is no customs guarantee, a list of the Swiss authorities entitled to make certificates will be given upon the entry into force of this Treaty.

Ad Article 19, paragraph 1, letter d, number 4:

Enforcement by means of enforced execution or bankruptcy is treated as an assignment for personal reasons.

Ad Article 22:

A.
A preponderant economic interest within the meaning of paragraphs 1 (c) and 2 (c) shall, in particular, be allowed when
Aa.
In partnerships and cooperative corporations, the majority of members are the preferred persons within the meaning of section 19.
Bb.
In the capital corporations, the majority of the shares belong to privileged persons within the meaning of Article 19.
However, a preponderant economic interest may not be allowed where in an association falling under the provisions of the letters aa or bb, a decisive influence is exercised by persons who do not enjoy the facilities provided for in the article 19.
B.
It is understood that the expression "on the same conditions as Swiss nationals" (paragraph 1, letter a) and the expression "on the same conditions as the Germans" (paragraph 2, letter a) do not concern the provisions relating to admission but Only those relating to the exercise of an independent activity.

6. Ad Article 40:

A.
Upon entry into force of this Treaty, the Federal Political Department shall 3 Submit to the Ministry of Foreign Affairs for information purposes a list of legal provisions applicable to Büsingen under this Treaty, which shall be applied to Büsingen upon entry into force of this Treaty. Communications concerning the Swiss legal provisions which will enter into force at a later date will take place in the same way.
B.
On request, the Federal Political Department 4 Indicate at all times to the municipality of Büsingen am Hochrhein if a specified federal or cantonal legal provision is applicable to Büsingen.

7. Public Health:

A.
Fight against epidemics: Persons subject to the reporting obligation must make the mandatory declarations under German regulations also to the competent authorities in Schaffhausen. Swiss doctors working in Büsingen are expected to send a double of their statements to the state health office.
B.
... 5

8. Regulation of Arts and Crafts:

A.
Subject to the matters listed in Article 2, paragraph 1, the legal provisions applicable in the Federal Republic of Germany concerning the control of weapons of war shall be applied in Büsingen.
B.
The manufacture in Büsingen of powders and explosives falling under the provisions of the Law on the Control of War Weapons will not be permitted unless the Federal Political Department 6 States that the granting of such authorisation does not raise objections.

9. Stamp duties:

In the event that in one of the Contracting States the tax would be amended by means of legislative measures to the point of causing distortion of the conditions of competition causing harm in the relations between Büsingen and Switzerland Serious economic conditions for either of the two territories, as well as in the event that the status of Büsingen is abused in order to evade tax, the two governments declare their willingness to enter into negotiations with a view to eliminating Such disadvantages and opportunities for tax evasion. This shall not apply to the taxes contained in Article 2 of this Treaty or to the agreements in force at the time between the two States in order to avoid double taxation.

10. Protection of Forest Plants:

A.
When measures are required in the field of forest plant protection, the relevant Swiss and German authorities will immediately report directly to stop and coordinate the measures to be taken.
B.
Where an imminent danger makes an immediate intervention necessary, the competent Swiss authorities may order the necessary control measures for Büsingen after having informed the relevant German authorities.

11. Games Houses:

No concessions for the operation of a gaming house in Büsingen will be granted.

Done at Freiburg in Brisgau, on 23 November 1964, in two originals in German.

For the For the Republic

Swiss Federal Confederation:

Bindschedler G. v Haeften


Annex to Article 19 7

The Swiss municipalities in which German citizens having their domicile and residence in the municipality of Büsingen, according to this treaty, enjoy advantages in the areas of foreign policy, labour law and activities Professional:

Canton of Schaffhausen:

All communes.

Canton of Thurgau:

All communes.

Canton of Zurich:

All municipalities except the districts of Horgen and Affoltern.


RO 1967 1251; FF 1965 II 1153


1 The original text is published, under the same number, in the German edition of this compendium.
2 RO 1967 1250
3 Currently "Federal Department of Foreign Affairs" (ACF of Dec. 1997, unpublished).
4 Currently "Federal Department of Foreign Affairs" (ACF of Dec. 1997, unpublished).
5 Deleted by Art. 4 of the Ac. Of 19 March 1997 ( RO 2001 1629 )
6 Currently "Federal Department of Foreign Affairs" (ACF of Dec. 1997, unpublished).
7 New content according to the exchange of letters of 15 Dec. 1994/28 Feb 1995 ( RO 2001 1411 1694).


State 11. July 2006