Precious metals, articles of precious metal and multimetals

¹ Precious metals are gold, silver, platinum, and palladium.

² Melting products include ingots, slabs, bars or garnets obtained by smelting or recasting precious metals or materials for cast iron.

³ By materials for cast iron, the following means:

A.

Precious metals from the extraction of raw materials or affinities;

B.

Waste from the implementation of precious metals or their alloys and likely to be recovered;

C.

Materials containing precious metals that may be recovered.

⁴ Articles of precious metal are works consisting entirely of precious metals to a legal title, as well as works consisting of precious metals with a legal title and non-metallic substances. The exceptions are coins in precious metals.

⁵ Multi-metal works refer to works consisting of precious metals to a legal title and base metals.

Plated works. Similis

¹ Articles consisting of a layer of precious metal applied inseparably on a medium composed of other materials shall be defined by plated articles.

² The minimum requirements for precious metal layers are set out in Appendix 1. The Federal Council shall determine the tolerances and may adapt the provisions of the Annex in accordance with international developments.

³ By similis, we mean:

A.

Articles of precious metal that do not meet the minimum legal requirements or that do not meet the other physical requirements for articles of precious metal;

B.

Works that correspond to multi-metals or plated works, but are not designated as such or do not meet the physical requirements for these categories of works.

Legal titles ¹

¹ The title is the proportion of pure precious metal contained in an alloy. It is expressed in thousandths.

² The legal titles of articles of precious metal and multi-metal works are set out in Annex 2. The Federal Council may adapt the provisions in line with international developments. ²

Title Tolerance

The Federal Council ¹ Specify to what extent and under what conditions a title tolerance may be granted.

Description of work; compliance

Designations prescribed or permitted by law or order must refer to the composition of the work. Any misrepresentation applied to articles of precious metal, multi-metal works, plated works or similis, and to objects likely to be confused with such works, is prohibited.

Articles of precious metal; indications of title

¹ Only articles of precious metal with the indication of a legal title may be placed in the trade.

² All parts of a precious metal work must have at least the certified title of the work. The Central Office for the Control of Precious Metals (Central Office) may provide for exceptions, for technical reasons.

³ The articles of platinum or palladium must bear, in addition to the indication of the title, a reference to the type of precious metal used.

Multi-metal work; description and appearance

¹ Multi-metal works may be placed in commerce as such, provided that they are designated and meet the physical requirements.

² The designation must express the actual composition. Parts of precious metal shall be designated by the legal title in thousandths; the other metal parts, by the indication of the type of metal used.

³ The various metals must be visible from the outside and be distinguished by their colour. Multi-metal works shall not show the character of plated works.

Plated works and similis; designation

¹ Plated works may be placed in commerce as such, provided that they are designated and that they meet the physical requirements.

² The plated works must bear quality designations which, however, leave no doubt as to the nature of the product.

³ Similis coated with precious metals may be designated as gilded, silvery, plated or Palladian.

⁴ Plated works and similis shall not bear any indication of title.

Other designations and exceptions

¹ The Federal Council may prescribe or declare additional designations for articles of precious metal, multi-metal works, plated works and similis.

² The Federal Council may provide for exceptions to designations prescribed by law for special, technical or medical products, in particular.

³ The central office may lay down more specific provisions concerning the type and form of the designations prescribed or allowed.

Physical requirements; detail provisions

¹ The Federal Council shall lay down the detailed provisions concerning the requirements for articles of precious metal, multi-metal works and plated works.

² It may authorize the central office to lay down technical arrangements.

Master Pointing

A. Mandatory input

¹ Articles of precious metal, multi-metal works and articles thereof shall bear, in addition to the prescribed designations, the hallmark of the master. ¹

² Manufacturers who do not themselves make the works they use can have their mark affixed to them as a master's hallmark. Art. 10 to 12 are applicable to these marks.

³ For watch boxes, manufacturers' associations can use a collective master punch with a current number. ²

⁴ The master punch must be affixed at the same time as the title indication.

B. Definition

¹ The master punch is a sign forming a whole that is used to identify the punch holder. It may consist of letters, numbers, words, graphic representations, plastic forms, alone or in combination. It should not be allowed to be confused with master punches already registered or with official hallmarks.

² The footprint of the master punch must be clear and indelible.

C. Announcement

¹ The master punch must be announced for registration in the Central Office. The announcement will be in writing. It shall mention the domicile of the applicant, the seat of his house and the type of his trade, and shall be accompanied by the documents making it possible to establish that the hallmark meets the legal requirements.

² If the owner of the master punch is not registered in the trade register or if he resides outside Switzerland, he may be required to provide security. These serve as security for all claims arising out of a breach of this Law.

³ In announcing the hallmark, the applicant must pay the registration fee.

D. Registration

¹ The central office maintains a list of master punches. Registration takes place when the legal requirements are met. The decision on registration shall be communicated to the applicant by registered letter; if his application is refused, the letter will indicate the legal channels open to him.

^1bis The registration shall be valid for a period of 20 years from the day on which it is made. It can be extended for 20 years in 20 years, on request to present before the expiry of its validity, against payment of a fee. ¹

² If, subsequently, the legal requirements for registration are no longer fulfilled, or if the duration of the registration has expired without a request for an extension in due time, the master's punch shall be deleted from the register. ² It may also be cancelled if the owner has used it to breach the requirements of this Act. The cancellation is ordered by the central office and communicated to the owner by registered letter, with an indication of the legal channels open to him.

³ ... ³

Monitoring and punching

A. Condition

¹ Precious metal watch boxes must not be placed in commerce until they have been subject to official control. It is the responsibility of the manufacturer or the person placing them in the trade to require prior checking.

² For all other articles of precious metal and multi-metal works, the holder of the goods may require official control.

B. Purpose

The control is to verify that the designations placed on the works are accurate and eligible.

C. Official Poinons

¹ The conformity of the indication of the title and of the master hallmark affixed to the articles of precious metal and the multimetal works shall be attested by an official hallmark (guarantee hallmark).

² The hallmarks of the guarantee bear the distinctive sign of the office which carries out official control.

D. Procedure

The control must be requested in writing at the appropriate control office. Only works which bear the indication of the legal title and the hallmark of a master shall be admitted to control. The check is attested by the official punch.

E. Contestations

¹ If the work presented in the control is not in conformity with the title prescribed by law, or if the title of the title on the work does not correspond to the actual title, the office of control shall refuse the official punch and report to the office Central; it orders a counter-expertise.

² Depending on the outcome of this cross-examination, the central office shall point out the work or order the receiver; in the latter case, it shall lodge a complaint with the competent authority.

³ If the dispute is justified, without the possibility of an offence, the central office shall take the necessary measures for the further processing of the goods, which shall not enter into the internal circulation. The costs of such measures shall be reimbursed by the person who presents the work to the control. The central office can break the work.

F. Rights. Right of retention. Recourse

¹ All works submitted to the control, regardless of the test result, are subject to a right (control fee or punching right).

² Claims arising from fees and charges shall be guaranteed by a right of retention on the works submitted to the control. In case of dispute, they shall be fixed by the central office. ¹

G. Implementing provisions

The Federal Council will issue detailed rules on the procedure to be applied by the inspection offices, the form and nature of the official hallmarks, the measures to be taken to make known the official hallmarks in Switzerland and the Foreign nationals, the maintenance of control records and the amount of duty. They must not have a fiscal character.

Importing

¹ Works manufactured abroad and subject to this Law may be placed in the trade in Switzerland only if they comply with the requirements of this Law. The obligation of official control of the watch boxes referred to in s. 13, para. 1, also applies to finished watches imported into such boxes. ¹

² The Federal Council may provide for exceptions for special works. ²

³ At the time of importation, the works subject to this Act may be subject to full inspection or by survey. If an offence is found to be in control, the goods must be sequestered and made available to the central office for prosecution. Works that do not comply with the legal requirements, without any infringement, must leave Swiss territory. ³

⁴ Watches and watch boxes subject to compulsory control shall be directed to the competent control office by the customs office which carries out the customs duties. ⁴

⁵ If reciprocity is provided by the State of origin, facilities may be granted for samples of commercial travellers who are cleared with passing before, in accordance with the provisions of the Federal Law of 1 ^Er October 1925 on Customs ⁵ And the stipulations of the trade treaties, and do not stay in Switzerland.

Exporting

¹ Articles of precious metal, multi-metal works, plated works and similis that are exported must bear the prescribed designations, and the boxes of precious metal watches must also be equipped with the official punch.

² These articles may, however, be provided by the Swiss manufacturer, under his own responsibility, for the required or customary designations in the country of destination.

³ The Federal Council shall determine under what conditions and by what signs the inspection offices may certify a title in accordance with the requirements of the country of destination.

⁴ The Federal Council may introduce relief for watch boxes, which are proven to be exported directly to states that require mandatory control.

Transit

¹ Direct in-transit shipments can be officially controlled. Art. 20, para. 3, shall apply mutatis mutandis. ¹

² On the other hand, the requirements of this Law are applicable to objects which have not been introduced into the internal circulation and have remained under customs supervision, but have been returned not paid abroad with titles of Swiss transport.

³ When goods are released from a customs warehouse or from a customs deposit, s. 20, 21 and 22, para. 2, shall apply mutatis mutandis. ²

Denunciation of Suspicious Goods

If the central office suspects that a master punch or a mark of depth or juror has been improperly affixed to goods imported, exported or in transit or that they have been imitated, or that there is a violation of the provisions on Protection of intellectual property, he informs the injured party. He can hold the goods.

Ban on Colportage

The colporting of works subject to this Law ² Is prohibited. This prohibition also affects the taking of orders by travellers at the retail level.

Manufacture of iron products

1. Depth Patent

Only the holder of a depth of depth can trade in the manufacture of cast iron products.

A. Conditions

¹ May acquire the depth of the individual, the commercial or cooperative corporations incorporated in accordance with the code of obligations ² And comparable foreign companies. ³

² Individuals must be registered in the Swiss Register of Commerce and domiciled in Switzerland. They must have a good reputation and guarantee that their commercial activities will be irreproachable.

³ Commercial companies and cooperatives, as well as Swiss branches of foreign companies, must be registered in the Swiss Trade Register. Those responsible for the administration and management of companies and cooperatives must have a good reputation and offer any guarantee that their commercial activities will be irreproachable.

B. Grant. Renewal. Withdrawing

¹ The patents of the Depth shall be granted, upon request, by the Central Office for a period of four years. At the end of this period, they may be renewed if the legal conditions are met. ¹

² If the holder no longer complies fully with these conditions or has violated his undertakings several times, the patent shall be withdrawn from office, on a final or temporary basis, by the authority which granted it.

³ The grant and removal of the patent shall be published in the The official Swiss trade sheet.

⁴ ... ²

2. ...

Manufacture of iron products

A. ...

B. Obligations of the holder of the material. Brand

¹ Any product of the cast iron shall bear the mark of the holder of the material. The snapshot of the brand will be deposited in the central office and cannot be changed without permission. The deposit will be published in the The official Swiss trade sheet.

² The Federal Council shall fix the obligations of the holder of the Depth.

Titrage of cast iron products

A. Competence and purpose

¹ Control offices and commercial testers are the only ones competent to determine the title of the products of the cast iron.

² The purpose of this operation is to determine the actual title.

B. How to proceed

¹ The swearing-in test first verifies whether the goods are marked in accordance with art. 31. Unmarked objects are sequestered; notice is given to the person who requested the test. At the same time, the case is submitted to the central office, which invites the applicant to establish the origin of the goods in question. If such proof cannot be proved or if it is necessary to infer that an offence has been committed, the central office shall lodge a complaint with the competent authority.

² The products of the cast iron bearing the mark required by law are tested. They are then marked with the hallmark of the trade or control office. At the same time, they will be marked with their real title.

Authorization procedure and permissions

¹ The Federal Council shall issue detailed rules on the procedure for granting, renewing and withdrawing the patents of the Depth, as well as for the determination of the title. It will also be able to resolve the recognition of official foreign security determinations. ¹

² It shall fix the amount of duty to be collected for the operations referred to in the preceding paragraph. Art. 18, para. 2, shall apply mutatis mutandis.

Central Office of Control

A. Incorporation

¹ For the purposes of this Law, the Central Office shall be attached to the Federal Department of Finance ¹ It can be incorporated into one of the services of the latter.

² The Federal Council will determine the organization of the central office.

B. Attribution

¹ The Central Office monitors the trade in precious metals and precious metal works.

² In particular, it records master's hallmarks and monitors the official control and punching of precious metal works. The granting of the patents for the foundry, as well as the monitoring of the titration of the products of the cast iron, are its responsibility. ¹ It monitors the management of the control offices, as well as the management of the trade testers. He grants the degrees of trial-juror and the patents of attempted trade.

Control Desk

A. Creation. Delete

¹ The offices for the control of works of precious metal shall be established by the cantons or by the municipalities or economic associations with such competence. The establishment of an office is subject to the authorization of the Federal Department of Finance. The latter may also decide to delete an office whose development and management do not meet the requirements in force or whose maintenance no longer meets the requirements. The costs incurred by the establishment and operation of an office shall be borne by the authorities or associations which have been authorised to establish it. On the other hand, the fees collected by the offices are acquired.

² The Federal Department of Finance may, in agreement with the competent cantonal government, open federal control offices if the economic interests of the country so require. Interested economic circles may be called upon to participate in the costs of setting up such offices and, where appropriate, operating deficits. These offices report directly to the central office. The fees they receive return to the Federal Fund.

³ The organization, rights, accounting and operation of all control offices are determined by the Federal Council.

B. Responsibilities

¹ Control offices provide official control and punching of articles of precious metal. They may also determine the title of the products of the cast iron. Their activity may be limited to a certain radius. The control of the articles of precious metal and of the products of the cast iron is of their competence. If special circumstances warrant, the central office may authorize exceptions. Control offices do not have the right to trade materials for cast iron and cast iron products, nor do they have the right to carry out pig iron operations on behalf of third parties. However, in the event of special circumstances, the Federal Department of Finance may authorize them to proceed with such fonts.

² Control offices shall assist the central office in monitoring the application of this Act. In particular, they will inform them of all the infringements which they will discover, and will take, spontaneously or in accordance with the instructions of the central office and the police authorities, the measures necessary for the finding of the facts.

³ The officials of the supervisory offices are obliged to keep the secret of all the findings which they make during their professional activity or which, by their nature, must be kept secret.

⁴ The Confederation responds to federal control offices for damage resulting from faulty service delivery and that the offending agents are not in a position to repair. The cantons are responsible for the other offices.

Control Essays

A. Diploma

¹ Officials of the inspection offices responsible for the control of articles of precious metal and multi-metal works for official punching, as well as for the titration of the products of the cast iron, must hold the federal diploma Jury-juror. ¹ This diploma is issued by the central office following a review. The juror-jury graduate swears or promises in front of the central office to faithfully carry out his duties.

² The Federal Council will determine the conditions to be met by the candidates.

B. Obligations. Liability

¹ Test testers shall comply with the requirements of this Law, its implementing provisions and the instructions of the central office and shall avoid anything that might facilitate infringements. In particular, they shall determine the title of the products of the cast iron only if the conditions laid down by the law are fulfilled in the case; they shall immediately report any infringement of the requirements of this Law. Art. 38, para. 3, shall apply mutatis mutandis.

² The central office monitors the activity of the jurors. When an expert-juror is seriously lacking in the duties of his office or his incapacity is established, the office may withdraw his or her diploma. ... ¹

³ The jurors shall reply to any damage caused by their fault or by their negligence in the exercise of their activity. Art. 38, para. 4, is applicable.

Trade drivers

A. Authorization to Practice. Attributions

The practice of the trade-seeking profession is subject to authorization from the central office. To obtain this authorization, you must have a federal degree of tried-and-juror, have a home in Switzerland and have a good reputation. In addition to the aforementioned authorization, commercial testers may acquire a depth of depth. ¹ Commercial testers swear or promise in front of the central office to faithfully carry out the duties of their profession. They are competent to determine the title of the products of the cast iron, but are not allowed to control or officially punch articles of precious metal. They are paid as compensation for the duties provided by the Federal Council.

B. Obligations. Liability

¹ Commercial testers maintain a record of title determinations, as well as fees collected for these transactions. The central office, as well as the police authorities, may, for the purposes of official investigations, consult the books and ask for explanations of the inscriptions. The requirements for the keeping of books will be laid down by the Federal Council.

² Art. 40 shall apply mutatis mutandis. The withdrawal of the diploma of essay-juror entails the withdrawal of the authorisation to exercise.

¹ The decisions of the control offices and the jurors of trade may be appealed to the central office.

² And ³ ... ²

1. Offences

A. Fraud

¹ A person who, under a designation that is likely to deceive others or prohibited by this Law, shall have submitted to the official punch or, for the purposes of realization, manufactured, manufactured or imported, sold or sold as articles of metal Of articles that do not have the prescribed title, or as multi-metal articles, articles plated or similis articles that do not comply with the requirements of this Act,

The person who has affixed to articles of precious metal or multi-metal works a punch that would suggest that the title is higher than it actually is,

Shall be punished if he has acted intentionally, imprisonment or a fine up to 100 000 francs. ¹

² If fraud is involved, the term of imprisonment will be at least one month.

³ If he has acted negligently, he will be punished with a fine of up to 50,000 francs. ² Excusable errors that may occur during manufacturing are not considered to be negligent.

B. Counterfeit and falsification of hallmarks

¹ Those who have forged or falsified official Swiss, foreign or international hallmarks or marks

The one who has used such punches,

The person who manufactured, procured, or provided to third parties devices used to counterfeit or falsify such punches,

Shall be punished if he has acted intentionally, imprisonment or a fine up to 100 000 francs.

² If he has acted negligently, he will be punished with a fine of up to 50,000 francs.

³ Art. 246 of the Penal Code ² Is not applicable.

C. Misuse of hallmarks

¹ The person who has made illicit use of official Swiss, foreign or international hallmarks shall be punished, if he has acted intentionally, imprisonment or a fine of up to 100 000 francs.

² If he has acted negligently, he will be punished with a fine of up to 50,000 francs.

D. Requirements for hallmarks, offences; misuse of marks; modification of hallmarks

¹ The person who has put in the trade of articles of precious metal not equipped with the indication of the prescribed master title or hallmark, of the products of the cast iron without indications of the title or not equipped with the mark of the founder or of the juror, or of the Officially unpunched watch boxes,

The person who has qualified as such or put in the trade multimetal works or articles plated without the prescribed designation or not equipped with the master punch,

The person who has imitated or improperly used the master's punch or the mark of a third party's expert or juror,

The person who has put in the trade of articles of precious metal or of the products of the cast iron on which the indication of the title or imprint of an official hallmark has been modified or eliminated,

Shall be punished if he has acted intentionally, imprisonment or a fine up to 100 000 francs.

² If the author has acted negligently, he will be punished with a fine of up to 50,000 francs.

E. Illicit trade

A person who, without being the holder of a degree of depth or authorisation to exercise the profession of trade-fitter, has engaged in operations for which one of the documents referred to above is required shall be punishable by a fine.

F. Offences against the prohibition of collation and the requirements on direct purchase

The person who has breached the prohibition of colportage under s. 23 and 28, the person who has contravened the requirements concerning the direct purchase of materials for cast iron,

Be punished with a fine ... ¹ .

G. Unlawful Reproduction of Works

¹ Any official in the central office or in a control office who has reproduced or reproduces works submitted to the office shall be fined ... ¹ .

² Art. 40, para. 2, remains reserved.

2. Offences in the management of legal persons and corporations

Where offences are committed in the management of a corporation, a partnership or a limited partnership, the criminal provisions are applicable to persons who have acted or should have acted as representatives, Members or employees. However, the legal person or the company is jointly and severally liable with the convicted persons for the payment of fines and expenses.

3. Forfeiture

¹ The punches used to commit an offence must be confiscated.

² In cases of conviction for fraud under s. 44, the court may order the confiscation of the works which have been used to commit the offence. The objects must be broken. The proceeds from the sale of the metal return to Confederation, subject to the application of the Federal Act of March 19, 2004, on the sharing of confiscated heritage values ¹ . ²

4. Application of the Federal Penal Code

Except as otherwise provided in this Law, the general provisions of the Federal Penal Code of 4 February 1853 ¹ Are applicable.

5. Criminal procedure

¹ And ² ... ¹

³ The central office and the control offices will denounce the offences to the competent authority to initiate criminal proceedings. ... ²

6. Non-compliance with order requirements

A . Conditions of repression

A person who, intentionally or negligently, contravens any provision of this Act, an order of performance, general instructions issued pursuant to these requirements, or a decision taken at a place under threat of Penalty provided for in this Article shall be liable to a fine of up to 2000 francs.

B . Governing Law and Jurisdiction

¹ General provisions of the Federal Act of 22 March 1974 on administrative criminal law ² (art. 2 to 13) are applicable.

² The central office is the administrative authority competent to prosecute and judge, in accordance with the procedure laid down in the Federal Law of 22 March 1974 on administrative criminal law, the offences punishable under art. 55. The supervisory offices are required to report to the central office the inobservations of the order of order of which they are aware. The same obligation rests with the test testers and the commercial testers.

Transitional Provision

¹ Indigenous works already manufactured at the time of entry into force of this Law, which comply with the provisions previously in force, but not those of this Law, may be submitted within one year to an office of Control to be marked with a transition punch. This punch allows the holder to put the works in circulation for another three years. The Federal Council will issue detailed provisions on this matter.

² ... ¹

Repeal Clause

¹ All requirements contrary to this Law shall be repealed upon entry into force.

² The Federal Act of 23 December 1880 concerning the control and guarantee of the titles of gold and silver works is repealed. ¹ And the additional law of December 21, 1886 ² , as well as the Federal Law of 17 June 1886 on the trade in gold and silver waste ³ .

Entry into force and enforcement

¹ The Federal Council shall fix the date of entry into force of this Law.

² It lays down the requirements necessary for its implementation.