Rs 172.213.80 Order Of 25 November 1998 On State - Major Hostage-Taking And Blackmail

Original Language Title: RS 172.213.80 Ordonnance du 25 novembre 1998 concernant l’Etat-major Prise d’otage et chantage

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172.213.80 headquarters 'Hostage-taking and blackmail' Ordinance of 25 November 1998 (State on February 9, 1999) the Swiss federal Council, view the art. 55 of the Act of 21 March 1997 on the Organization of Government and administration, stop: Section 1: provisions general art. 1 purpose this order regulates the tasks, skills, organization and commitment of the staff "Hostage-taking and blackmail" (EMPOC).

Art. 2 commitment the EMPOC is implemented to manage a crisis situation, characterized by the machinations of blackmail, a. that is generated by the commission or the preparation of offences under federal jurisdiction, etb. that puts the authorities of the Confederation or of a foreign State in a situation forcing them to act.

It can also be implemented, after agreement with the canton concerned, when other offences damaging predominant interests of the Confederation.

Art. 3 collaboration the EMPOC works closely with the staffs of the Confederation and the cantons.
It can also cooperate with the homologous staffs abroad.

Art. 4 provisions the federal Department of justice and police (FDJP) ensures that the EMPOC is ready to act.
It provides for this purpose the required envelope in its budget.

Section 2: Duties and powers art. 5 tasks the EMPOC develops timely, for the federal Council, proposals for solution to manage the crisis and prepares what is necessary.
If the federal Council consultation is impossible, for lack of time, the head of the EMPOC assumes, as a substitute, power management and decision.
Once implemented, the EMPOC is in charge: a. to take emergency measures that are necessary; b. liaison with the staffs of the Confederation, the cantons and abroad; (c) to follow the developments of the crisis and to assess the situation; d. to inform the federal Council; e. set the trading strategy in accordance with the guidelines of the federal Council; f. to publicize the terms of operations; g. to conduct negotiations or to delegate them the competent cantonal staff; h. to inform public opinion in consultation with the relevant bodies; i. to prepare political decisions and to submit the proposals to the federal Council; k. to take necessary measures in civil aviation and other modes of transport public; l. to coordinate intercantonaux police commitments; Mr. to coordinate the commitments of police international; n. coordinate engagements with the army.

The EMPOC provides for the adoption of accompanying measures and ensures support the cantons with the means of the Confederation.

Art. 6 cantons cantons recover the situation on-site: a. If they consider the crisis without bloodshed or risking a minimal number of victims; (b) if it is no longer possible to expect advantage without causing a disproportionate number of victims or if there is urgency; OUC. If the intervention was approved by the EMPOC.

In the cases provided for in para. 1, let. a and b, the cantonal staffs consult the EMPOC as far as possible.
The EMPOC exceptionally can delay or prohibit interferences.
When offences or interventions take place in several cantons, the EMPOC coordinates the commitments of the cantonal staffs.

Section 3: Subordination, organization and means art. 7 subordination the EMPOC is subordinated to the FDJP.

Art. 8 the head of Department organization: a. directs the EMPOC; b. takes political decisions by consulting the federal Council if the situation requires it and if the weather; c. appoint the person in charge of the staff of the EMPOC.

The EMPOC has a permanent unit and a staff of commitment.

The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This amendment has been made throughout the text.

Art. 9 permanent unit the permanent unit is operational at all times. The EMPOC plant, she: a. collects and analyzes the information necessary for the fulfilment of the tasks of the RDMHQ; b. to alert the responsible HQ person or one that ensures its substitute; c. convenes the staff of commitment on behalf of the person in charge of the staff or one that ensures its substitute.

The permanent unit function is provided by the federal Office of police. It also manages the secretariat of the EMPOC.
The permanent unit assumes all of the tasks of the EMPOC, listed in art. 5, al. 1 and 3, until the convening of the General staff of commitment.

The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This amendment has been made throughout the text.

Art. 10 chiefs of commitment once convened, the staff of commitment as quickly as possible includes all of the tasks assigned to the EMPOC under art. 5, al. 1 and 3.
Are represented in the staff of commitment the organs below: a. the Federal Chancellery; b. the federal Foreign Affairs Department; c. the federal police Office; (d) the federal Department of defence, protection of the population and sports; e. the federal civil aviation Office.

The staff of commitment can appeal to others to meet the needs of the EMPOC.

Art. 11 means the EMPOC has local and special equipment when it is implemented.
The Department is responsible for the maintenance of these premises and equipment and intelligence to get the other means necessary for the fulfilment of the tasks of the EMPOC with the bodies of the Confederation and the cantons or from third parties.

Section 4: Treatment of data art. 12 provision of information the EMPOC may communicate information to the staffs of the Confederation, the cantons and abroad necessary for the settlement of the crisis, as well as to third parties, insofar as they are useful to overcome the crisis.
The communication of personal data is governed by art. 17 of the Federal Act of 21 March 1997 instituting measures aimed at maintaining internal security and by the enforcement provisions of this law.

RS 120 art. 13 obligation to educate all services organizations of alarm of the Confederation and the cantons are required to report immediately to the permanent unit events that lead to the commitment of the EMPOC.

Art. 14 file name, surname, address, telephone number, profession, specific knowledge and function within the staff of the members of the EMPOC and others likely to be mobilized are gathered in a file. These data are used to make the necessary contact for a commitment of the EMPOC and proceed with the payment of compensation.
The FDJP has quality of master of the file and, as such, is responsible. Only members of the FDJP or the EMPOC are empowered to deal with data data may be communicated to the staffs of the Confederation and the cantons insofar as they are necessary for the resolution of the crisis.

Section 5: Training and alert state art. 15 training the EMPOC is responsible for the training of its members.

Art. 16 State of alert the EMPOC ensures a permanent system of alert of its members.

Section 6: Provisions final art. 17 run the FDJP is responsible for the execution of this order.
It lays down the rules of the EMPOC.

Art. 18 entry into force this order comes into force on January 1, 1999.

RO 1999 572 RS 172.010 State on February 9, 1999