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RS 311.039.3 Order of 23 October 2013 on measures for the prevention of offences relating to trafficking in human beings (Order against trafficking in human beings)

Original Language Title: RS 311.039.3 Ordonnance du 23 octobre 2013 sur les mesures de prévention des infractions liées à la traite des êtres humains (Ordonnance contre la traite des êtres humains)

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311.039.3

Ordinance on measures to prevent offences related to trafficking in human beings

(Order against trafficking in human beings)

On 23 October 2013 (State 1 Er January 2014)

The Swiss Federal Council,

See art. 386, para. 4, Criminal Code 1 , in performance of art. 5 and 6 of the Convention on Action against Trafficking in Human Beings of 16 May 2005 2 ,

Stops:

Section 1 Purpose

Art. 1

This order shall rule:

A.
The implementation of measures to prevent Confederation in the sense of art. 5 and 6 of the Convention of 16 May 2005 on action against trafficking in human beings;
B.
The granting by the Confederation of financial aid for measures within the meaning of the let. Implemented by third parties;
C.
The participation of the Confederation in organizations implementing measures within the meaning of the let. A and the granting by the Confederation of financial aid to such organisations;
D.
The tasks of the Coordination Service against Trafficking in Human Beings and the Trafficking of Migrants (SCOTT) in the field of trafficking in human beings and the tasks of the Bureau of Management of SCOTT for the implementation of this order.

Section 2 Preventive measures

Art. 2 Types and objectives of measures

1 Preventive measures are programs, regular activities, or projects.

2 They are used to raise awareness, inform, transfer knowledge or develop skills, or are used for advice, guidance, development, research or evaluation.

3 They contribute to the following objectives:

A.
To prevent trafficking in human beings for the purpose of exploitation;
B.
Discourage demand that promotes all forms of exploitation of human beings;
C.
To support those concerned in order to prevent them from being the victims of trafficking in human beings ( Rework ) And to enable their social integration.
Art. 3 Measures of Confederation

1 The Confederation can implement the following measures:

A.
National or interregional programmes and awareness-raising and awareness-raising campaigns;
B.
Scientific projects in Switzerland.

2 It may use private or public law organizations to implement or support its measures.

3 It collaborates with the cantons and other important public or private actors. It shall consult the cantons in advance when their interests are concerned.

Art. 4 Measures taken by third parties

1 The Confederation may grant financial aid to organisations governed by private or public law whose registered office is in Switzerland for the implementation, in Switzerland, of the measures referred to in Art. 2.

2 It may participate in such organisations which implement, in Switzerland, the measures referred to in Art. 2 and support such organisations through financial aid.

Section 3 Financial assistance

Art. 5 Principle

The Confederation may grant aid without exceeding the approved annual appropriations.

Art. 6 Maximum Amount

1 Financial aid for measures taken by third parties shall cover a maximum of 50 % of the expenditure chargeable.

2 Expenditures directly related to the preparation and implementation of the measure are chargeable.

3 Financial aid for the support of organisations within the meaning of Art. 4, para. 2, to a maximum of 25 % of the means available to them each year.

Art. 7 Calculation

1 Financial aid for the implementation of measures taken by third parties shall be calculated on the basis of the following:

A.
The type and extent of measurement;
B.
Interest in the measure for Confederation;
C.
Benefits provided by recipients of aid, contributions made under other federal acts, and contributions from third parties.
2 Financial aid to support organisations is calculated on the basis of the following:
A.
The interest of Confederation in their activities;
B.
Benefits provided by recipients of aid, contributions made under other federal acts, and contributions from third parties.
Art. 8 Payment

The Federal Police Office may pay the financial aid in instalments, depending on the progress of the measure.

Section 4 Procedure

Art. Legal basis and form

1 The procedure for granting financial aid is governed by the Act of 5 October 1990 on subsidies (LSu) 1 .

2 The Federal Police Office grants financial aid on the basis of one of the following:

A.
A decision within the meaning of s. 16, para. 1, LSu for the completion of projects;
B.
A contract within the meaning of s. 16, para. 2, LSu concerning regular activities, programmes and campaigns or the support of organisations within the meaning of Art. 4, para. 2.

3 The fixed contract includes:

A.
The objective of financial assistance;
B.
The amount of financial assistance;
C.
The reports to be provided;
D.
Quality assurance.

4 The contract shall be concluded for a maximum of four years, subject to the available credit.


Art. 10 Requests

1 Applications for financial assistance must be filed with the Federal Police Office.

2 The Federal Police Office lays down guidelines on the procedure. In particular, it indicates which documents should be attached to the application.

Art. 11 Review of applications and decisions

1 The Federal Police Office examines applications and decides on the granting of financial aid.

2 If the applicant considers the application incomplete, it gives the applicant the opportunity to complete it.

3 The refusal of the application must be notified in writing and shall be reasoned.

Art. 12 Conditions and obligations

The Federal Office of the Police may attach conditions and obligations to the granting of financial aid.

Section 5 Coordination service against trafficking in human beings and trafficking in migrants

Art. 13

1 The SCOTT referred to in s. 10, para. 2, of the Order of 17 November 1999 on the organization of the Federal Department of Justice and Police 1 Undertakes the following tasks with the support of the Executive Office in order to prevent and combat trafficking in human beings:

A.
It continuously analyses the situation with regard to trafficking in human beings;
B.
Establishing and coordinating threat assessment status and assessment reports, positions and planning bases;
C.
Developing, for the whole of Switzerland, strategies and plans for preventing and combating trafficking in human beings and against its consequences and preparing the necessary basis for political decision-making;
D.
It implements Switzerland's international obligations in its field of competence;
E.
It coordinates the strategic and operational measures of the competent authorities and services of the Confederation and the cantons;
F.
It processes and coordinates national and international information in its field of competence;
G.
It acts as a point of contact, gives information and answers questions from Switzerland and abroad;
H.
Develops and proposes targeted training and information offerings.
2 In order to implement this Order, the Executive Office of the SCOTT is responsible for:
A.
It develops and accompanies the measures of Confederation within the meaning of s. 3;
B.
It supports activities aimed at verifying that the use of financial aid granted is in accordance with the law;
C.
It takes a position on applications for financial assistance referred to in s. 10.

Section 6 Obligation to Inform and Reporting, Evaluation

Art. 14 Obligation to inform and report

1 Beneficiaries of financial aid within the meaning of this Ordinance are obliged to inform the Federal Police Office at all times of the use of such aid and to authorise the consultation of the relevant documents in the event of an application.

2 Organizations of private or public law within the meaning of s. 3, para. 2 are required to report regularly to the Federal Police Office on their management and accounting.

Art. 15 Evaluation

1 The Federal Office of the Police regularly monitors the adequacy and effectiveness of the measures implemented by the Confederation and the financial aid granted.

2 It regularly reports on the results of the evaluation to the Federal Department of Justice and Police.

3 It can entrust the evaluation to external specialists.

Section 7 Final provisions

Art. 16 Amendment of another Act

... 1


1 The mod. Can be viewed at RO 2013 3625 .

Art. 17 Entry into force

This order shall enter into force on 1 Er January 2014.



RO 2013 3625



State 1 Er January 2014