Rs 631.011 Order Of The Fdf Of 4 April 2007 On Customs (Od - Fdf)

Original Language Title: RS 631.011 Ordonnance du DFF du 4 avril 2007 sur les douanes (OD-DFF)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
631.011 order of the FDF on Customs (OD - FDF) of April 4, 2007 (Status January 1, 2016) the federal Department of Finance (FDF), view the art. 3, al. 5, 8, al. 1, let. b, 73, al. 2, 74, al. 4, 97, al. 3, of the Act of March 18, 2005 on Customs (LD), view the art. 66, al. 3, 68, al. 3, 119, al. 2, 187, 188, al. 2, 218, 221, al. 3, of the order of 1 November 2006 on Customs (OD), view the art. 20, al. 2, and 20A of the Ordinance of December 11, 2000 on the Organization of the federal Department of Finance (FDF Org), stop: Section 1 shipments gifts (art. 8, para. 1, let. b, LD) Art. 1. gifts that individuals domiciled in the foreign customs territory send to individuals domiciled in the customs territory are admitted duty-free up to a value of CHF 100 per shipment.
Are excluded from the franchise value referred to in para. 1: a. tobacco goods; b. alcoholic beverages.

New content according to section I of the O of the FDF from 2 Apr. in force since July 1, 2014. 2014 (2014 983 RO).

Section 2 traffic tourist art. 2 repealed by no I of O of the FDF to the 2 avr.2014, with effect from July 1. 2014 (2014 983 RO).

Art. 3...

The dutiable goods from tariffs in tourist traffic are subject to the standard rates referred to in annex 1.
Standard rates include tariffs, beer tax, the tobacco tax, the tax on mineral oils and the monopoly right.
Are not included in the flat-rate tax on the added value and all other taxes and fees.

Repealed by no I of O of the FDF on Apr. 2. with effect from July 1, 2014. 2014 (2014 983 RO).

Section 3 grazing border art. 4 definitions (art. 43, al. 1 let. a, LD; art. 119, al. 2, OD) means in the sense of the border ranching,: a. animals: horse, bovine, ovine, caprine and swine species; b. animal Swiss: animals usually parked on the customs territory; c. foreign animal: animals usually stationed on foreign territory; d. border grazing: the pacage Swiss animals on foreign territory or foreign animals on the customs territory for a period of more than a day; (e) country of origin: the country in which the animals are usually stationed.

Art. 5. person subject to the obligation to report (art. 43, al. 1 let. a, LD; art. 119, para. 2, OD) the person subject to the obligation to declare is the keeper of the animals.

Art. 6 jurisdiction (art. 43, al. 1, let a., LD; art. 119, al. 2, OD) Customs branch designated customs offices that are responsible for the taxation of border grazing.

Art. 7 declaration to border grazing (art. 43, al. 1 let. a, LD; art. 119, al. 2, OD) keeper of the animals must announce the arrival of a herd to the Customs Office two days in advance.
The Customs Office decides the time and the place of taxation.

Art. 8 border grazing conditions (art. 43, al. 1, let a., LD; art. 119, al. 2, OD) animals holder must prove that its operations have, in order to border grazing, pasture species and number of animals in the herd, or fodder stocks.
Before any border grazing period, animals must have stayed at least a month in their country of origin.

Art. 9 list of animals and list of instruments and objects (art. 43, para. 1, let a., LD; art. 119, al. 2, OD) a list of animals and a list of the instruments and objects must be returned with the customs declaration.
The list of pets must contain the following: a. number, species, breed, sex, age, place of origin and marks of identity of animals; b. number of weight-bearing animals, with an indication of the expected calving date; c. number of animals for the dairy farm, for as much as milk or dairy products derived from are intended to be imported into the customs territory; d. border grazing place; (e) name and address of the owner of the animals.

The list of instruments and objects to exploitation or belonging to the household of the keeper of the animals shall designate the instruments and objects in detail.

Art. 10 registry of livestock (art. 43, al. 1, let a., LD; art. 119, al. 2, OD) keeper of the animals must keep a record of the cattle for the duration of the border grazing. All changes to the number of animals, including calving, dead or sales, resulting must there be registered with an indication of the date.
The keeper of the animals must present registry to the Customs Office at the return of the cattle in the country of origin.

Art. 11 young animals (art. 43, para. 1, let a., LD; art. 119, al. 2, OD) young animals put down on the customs territory must be exported to the country of origin at the latest with the herd. They must be reported to the export procedure.
Young animals put down on foreign territory must be reported to the implementation plan in free practice. They are duty-free if they are entered in the cattle register and if they are introduced into the customs territory at the latest with the herd.

Art. 12 milk and dairy products (art. 43, para. 1 let. a, LD; art. 119, al. 2, OD) milk and dairy products from the dairy farm animals listed in the list of animals referred to in art. 9, al. 2, enter duty free.
Dairy products from Swiss animals must be introduced into the customs territory within a period of one month from the reimportation of animals.
Milk and dairy products from foreign animals must be declared to the Customs Office if they are sent out of the customs territory.

Art. 13 dead animals (art. 43, para. 1, let a., LD; art. 119, al. 2, OD) fresh meat and raw animal hides Swiss who have died or have been killed on foreign territory emergency are admitted duty-free.
The re-export of foreign animals that died or were slaughtered emergency on the customs territory is not required if the remains are destroyed in the customs territory. A certificate of destruction must be presented to the Customs Office.

Art. 14 controls (art. 43, al. 1, let a., LD; art. 119, al. 2, OD) customs administration is empowered to control the registry of livestock during border ranching.

Section 4 debt customs art. 15 payment terms (art. 73, al. 2, LD) the customs debt may be paid as follows: a. as part of the centralised procedure of counting of the administration of Customs (PCD): without cash against invoice; b. in tourist traffic: cash in Swiss francs or by credit or debit card recognized by the customs administration; (c) in any other case : cash in Swiss francs or by cheques recognized by the customs administration.

In exceptional cases, the customs administration may also accept foreign currencies to conditions it sets itself.

Art. 16 payment facilities (art. 73, para. 2, LD) as part of the PCD, the payment deadline is 60 days maximum for as long as a proper cash deposit has been made.
On request, the customs administration may allow payment by instalments when the payment of the totality of the customs debt would lead, in light of the situation of the debtor, economic difficulties and social notables.

Art. 17interet moratorium and refund interest (art. 74, para. 2 and 4, LD; art. 187, para. 1, and 188, para. 2, OD) moratorium interest and refund interest rate and exceptions to liability to interest are governed the order of the FDF in December 11, 2009 on the interest and the refund interest rates.

New content according to section I of the O of the FDF on Feb 25. 2011, in force since April 1. 2011 (2011 1073 RO).
RS 641.207.1 Section 5 customs guarantee delivery and sale of securities art. 18 repealed by section I of O of the FDF to June 27, 2012, with effect from August 1, 2012 (RO 2012 3845).

Art. 19 announcement of the auction (art. 87, para. 3, LD; art. 221d OD) the customs administration publicly announces the auction of a customs pledge.
She communicates this information by registered letter, if they are known to the customs administration, and if they are domiciled in Switzerland or have a home of notification: a. the debtor of the customs debt or bail; (b) to the owner of the customs guarantee; c. people who is in possession or custody, the merchandise or the thing to sequester.

New terms of reference according to section I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).
New content according to chapter I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).

Art. 20 conditions of the auction (art. 87, para. 3, LD; art. 221d OD) the customs administration sets the terms of the auction prior to the sale. These conditions contain: a. mode of auction of goods for sale by auction (singly or in batches); b. the minimum auction price; c. the method of payment; ETD. the indication that no warranty is given for bet goods (art. 234, para. 3, of the code of obligations, CO).


The customs administration sets the minimum auction price in such a way that it reaches the amount of the debt secured by the pledge of customs.

New terms of reference according to section I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).
RS 220 art. 21 procedure (art. 87, para. 3, LD; art. 221d OD) prosecution offices or the competent within the meaning of the cantonal law offices or organizations have competence for the execution of the auctions.
The auction can take place no earlier than ten days after the date of the announcement.
The competent Department to organize the auction wins the goods to the highest bidder if its offer reaches the minimum auction price. After consultation with the customs administration, he may authorize the auction at a lower price if, given the circumstances, should not expect a higher offer in a second auction.
The competent Department shall prepare a report of the sale at auction and give a copy to the customs administration.
The auction may be an action in nullity within the meaning of art. 230 CO.

New terms of reference according to section I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).
RS 220 art. 22 payment of the auction price (art. 87, para. 3, LD; art. 221d OD) the person to whom the goods or the goods were awarded is bound by his offer (art. 231 CO).
The goods or the thing sold at auction is issued only after payment or provision of security. Conservation takes place at the expense and risk of the bidder.
If the bidder does not have commitments, the customs administration may terminate the contract of sale or recover the amount owed by involving securities.

New terms of reference according to section I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).
RS 220 art. 23 second auction (art. 87, para. 3, LD; art. 221d OD) A default auction or upon termination of the contract of sale, a second auction is ordered.
During the second auction no minimum auction price is fixed.
The provisions of the art. 19 to 22 shall apply by analogy.
If the second auction does not allow the sale of the customs guarantee, we proceed to a sale by mutual agreement.

New terms of reference according to section I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).

Art. 24 and 25 repealed by section I of O of the FDF to June 27, 2012, with effect from August 1, 2012 (RO 2012 3845).

Art. 26 sale of securities (art. 87, para. 3, LD; art. 221d OD) prior to the sale of deposited securities, the customs administration sets a deadline for the payment of the customs debt.
The sale of securities is eligible only: a. If there is a decision entered in force of the customs administration; ETB. If the time limit for payment of the customs debt in accordance with art. 196 OD expired without a profit.

The sale of securities is carried out by the Swiss National Bank on behalf of the customs administration.
Moreover, art. 25 is applicable by analogy.

New terms of reference according to section I of the O of the FDF to June 27, 2012, in effect since August 1, 2012 (RO 2012 3845).

Section 6 customs authorities art. 27 functions and ranks of the border guard (art. 91, para. 1, LD, article 221, para. 3, OD) functions of the members of the border guard and the grades assigned to functions are set out in annex 2.
Several grades are assigned to a function, if the head of the border guard responsibility to fix the grade on a case by case basis.
In case of transfer in a function that is assigned to a lower rank, the head of the border guard decides to the possible continuation of the former rank.
The head of the border guard can temporarily give a grade higher members of the border police who fill a particularly demanding task in the exercise of their function.

New terms of reference according to section I of the O of the FDF on Feb 25. 2011, in force since April 1. 2011 (2011 1073 RO).
Introduced by section I of O of the FDF to Feb. 25. 2011, in force since April 1. 2011 (2011 1073 RO).

Art. 28 agreements concerning the performance of police tasks in the border region (art. 97, para. 3 LD) branch of Customs is authorized to conclude with the border cantons of the agreements concerning the performance of police tasks in the border region.

Art. 29 districts of Customs (art. 91, al. 1: LD; art. 221, para. 2, OD) the territory of the Confederation is divided into four districts of customs, either: a. first district, with headquarters in Basel, comprising the cantons of Berne, Lucerne, Obwalden, Nidwalden, Solothurn, Basel-Stadt, Basel-Landschaft, Aargau without district of Zurzach, and Jura and Baden; b. Second District with headquarters in Schaffhausen, comprising the cantons of Zürich, Uri, Schwyz, Glarus, Zug, Schaffhausen, Appenzell Ausserrhoden, Appenzell Innerrhoden, St. Gallen, Grisons except the district of the Moesano, Thurgau and the districts of Aargau and Baden Zurzach; c. third district, with headquarters in Geneva, including the cantons of Fribourg, Vaud, Valais, Neuchâtel and Geneva; d. Fourth District with headquarters in Lugano, including the canton Ticino and the Moesano ass district.

New terms of reference according to section I of the O of the FDF on Feb 25. 2011, in force since April 1. 2011 (2011 1073 RO).

Art. 29aregions border guards (art. 91, al. 2, LD, article 221, para. 2, OD) the territory of the Confederation is made up of the following seven border regions: a. Region border guards I with command in Basel: it includes the cantons of Berne, of Lucerne, of Obwalden, Nidwalden, in Solothurn, of Basel, of Basel and of Aargau; b. Region II border with command in Schaffhausen: it includes the cantons of Zurich URI, Schwyz, Zug, Schaffhausen and Thurgau; c. Region border guards III with command in Chur: it includes the cantons of Glarus, of Appenzell Ausserrhoden, in Appenzell Innerrhoden, of St Gallen and Graubünden; d. Region border guards IV with command to Lugano-Paradiso: it includes the canton of Ticino; e. Region border guards V with command in Lausanne: it includes the cantons of Fribourg Vaud and Valais; f. Region VI guards with in Meyrin Geneva command: it includes the canton of Geneva; g. Region VIII border with command in Porrentruy: it includes the cantons of Neuchâtel and Jura.

Introduced by section I of O of the FDF to Feb. 25. 2011, in force since April 1. 2011 (2011 1073 RO).

Section 7 provisions final art. 30 repeal of the law in force the repeal of the existing law is regulated in Schedule 3.

Art. 31 entry into force this order comes into force on May 1, 2007.

Annex 1 (art. 3) for group tourist traffic customs tariff tariff description of the goods flat rate CHF 1 meat and preparations of meat, with the exception of the game - up to 10 kg per person-quantity exceeding 10 kg per person - 17 per kg - 23 by kg 2 butter, cream - 16 kg/l 3 oils, fats, margarine for human food - 2 per kg/l 4 alcoholic beverages : - with an alcohol content not exceeding 18% vol.-a alcohol content exceeding 18% vol.

2 - by l - 15 through 5 tobacco goods: - cigarettes/cigars - other tobaccos manufactured 0.25 0.10 by gr 6 fuels 0.75 l 7 other duty-free goods news by each content according to section II of the O of the FDF from 2 Apr. 2014 (2014 983 RO). Update according to section I of the O of the FDF to Dec. 5. 2015, in force since Jan. 1. 2016 (2015 5655 RO).

Status January 1, 2016 annex 2 (art. 27, para. 1) functions and ranks of the border guard functions ranks Chief of the border guard (main division chief and Deputy Director) Brigadier of the SBG Deputy Head of the border guard corps Colonel Commander of the Corps of border guard of the border guard Colonel or Lieutenant Colonel of the Corps head of a field of command Lieutenant-Colonel of the Corps or major of Deputy Corps Commander of the Deputy Head of a domain border guard Command Major of the Corps or captain of the Corps Chief of a domain specialist officer commitment Chief of a service area liaison officer officer Captain of the SBG specialist first-lieutenant of the SBG, lieutenant of the SBG, the border guard staff warrant officer, adjutant of the Corps or sergeant major of the Chief service warrant officer of the border guard Chief of post first-lieutenant in the SBG SBG, lieutenant in the SBG or adjutant of the Corps team leader special training (SOFO) adjutant of the Corps Deputy Head of office head team sergeant major in the SBG Deputy Head of team leader of the tourist traffic sergeant major of the Corps or sergeant of the Chief commitment operator specialized Assistant Sergeant of the SBG border guard collaborator specialized corporal of the SBG SBG, appointed the Corps or border guard new content according to chapter I of the O of the FDF 17 seven. 2015, in force since Jan. 1. 2016 (2015 4039 RO).

Status January 1, 2016 annex 3 (art. 30) repeal of the law in force are repealed:

1. the order of the FDF on 5 October 1959 concerning the region of Samnaun and Sampuoir excluded from the customs territory Swiss; 2. the order of August 24, 1973, regulating reductions customs on motor vehicles as part of household effects; 3. the order of the FDF on 1 March 1968 on storage in transit through the port of; 4. the order of the FDF on 31 December 1964 on storage in transit, in the Rhine ports, grain and goods similar consumer; 5. the order of 4 April 1972 concerning treatment customs cattle summering and wintering; 6. the order of the FDF on 1 February 2002 on the rate for the traffic of travellers; 7. the order of the FDF on 10 December 2002 regulating the powers of the administration of customs criminal; 8. the regulation of 2 December 1971 regarding the importation free of war material for the Confederation.

[RO 1959 908]
[RO 1973 1389, 1988-1774]
[RO 1968-379]
[RO 1965 39, 1987 2591]
[RO 1972 737]
[RO 2002 335, 2007 35 37]
[2002 4206 RO]
Collection of the military official journal (RFM) 88 982 State on January 1, 2016

Related Laws