text: 432.22 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance onOrdinance on the Library Am Guisanplatz(BiGO)of 9 October 2013 (Status as of 1 November 2013)The Swiss Federal Council,on the basis of Article 43 paragraph 2 of the Government and Administration Organisation Act of 21 March 19971,ordains:1 SR 172.010Section 1: General Remarks  Art. 1 Subject matter  This Ordinance regulates the mandate of the Library am Guisanplatz (BiG) to collect information, provide services and coordinate.Art. 2 Hierarchal position  The BiG is the principal library of the central and decentralised Federal Administration and the Swiss Armed Forces.Section 2: Collection and Services  Art. 3 Collection mission  1 The BiG collects specialist information that is either printed or stored on other information carriers. Such information:a.serves to fulfil the tasks of the Federal Administration or the Swiss Armed Forces; orb.has been published by the Federal Administration or the Swiss Armed Forces.2 One edition per available language of each document of general public interest published by the Federal Administration or the Swiss Armed Forces must be submitted to the BiG without being requested to do so and free of charge; these include in particular studies, brochures, annual reports and regulations.Art. 4 Acquisition of the collection  1 The BiG expands its collection through:a.acquisitions within the limits of the respective credits;b.accepting documents published by the Federal Administration and the Swiss Armed Forces;c.donations from third parties in terms of Article 64 of the Financial Budget Ordinance of 5 April 20062;d.exceptional acquisitions of collections or particularly important single items.2 In order to acquire collections or particularly important single items the BiG may:a.accept financial support from other offices of the Confederation or cantons;b.seek the support of a wider general public;c.use contributions that have been provided under Article 64 of the Financial Budget Ordinance of 5 April 2006.3 At the request of other institutions, the Federal Council may integrate collections into the BiG that are relevant to the BiG.2 SR 611.01Art. 5 Maintenance of  the collection  1 The BiG is responsible for maintaining the holdings, in particular their technically correct restoration and conservation.2 To spare and preserve the originals the BiG may transfer its holdings to other information carriers and media.Art. 6 Access to the collection  1 The BiG lists its holdings in the on-line catalogue of the Alexandria Library Network, which is accessible to the public.2 In accordance with the terms of the user regulations, items may be lent to or viewed in the rooms the library by:a.employees of the Federal Administration;b.members of the armed forces;c.academics and the general public, in as far as the resources of the BiG permit.3 Access may be restricted if required to conserve the work.4 For certain specialist literature, the BiG may issue personal subscriptions to employees of the Federal Administration and the Swiss Armed Forces or provide them with the material in the form of service copies.Art. 7 Research  1 In response to requests for documentation, searches and scientific research, the BiG provides specialist services to:a.the Federal Administration and the Swiss Armed Forces;b.academia and the general public, in as far as the resources of the BiG permit.2 It supports its clients in advanced research by providing:a.the infrastructure for using its holdings;b.access to the facilities of external institutions and businesses;c.specialist literature through interlibrary exchange.3 The BiG may publish scientific work in its own publication series.Art. 8 Archival service  In consultation with the administrative units involved, the BiG manages the archival service of both the Federal Department of Defence, Civil Protection and Sport and the Swiss Armed Forces.Section 3:  Coordination and Cooperation  Art. 9 Library issues in the Federal Administration  1 The BiG supervises the libraries of the Federal Administration.2 It ensures cooperation within the Federal Administration regarding the safeguarding and provision of information and documents.Art. 10 Federal Documentation Committee  1 The Federal Documentation Committee (FDC) is the coordinating authority of the Federal Administration for the specialised areas of information and documentation in accordance with Article 55 of the Government and Administration Organisation Act of 21 March 1997. It serves in particular to:a.lend technical support to the BiG;b.initiate joint projects in the specialised areas;c.regularly share information.2 The FDC consists of:a.the head of the BiG as chair of the FDC;b.one representative from each department and from the Federal Chancellery.3 One representative from each of the following may participate in a consultative capacity at the meetings of the FDC:a.the Swiss National Library;b.the Parliamentary Services;c.other interested administrative units.4 The BiG runs the Secretariat of the FDC.Art. 11 Alexandria Library Network  Within the framework of the Alexandria Library Network, the BiG has the following tasks:a.It supports its partners in technical matters.b.It manages the publicly accessible on-line catalogue.c.It determines and manages the use of IT applications.Art. 12 Cooperation with third parties  1 To fulfil its duties the BiG may cooperate with Swiss and foreign institutions that pursue similar or supplementary tasks.2 It contributes to the development of library issues in Switzerland.Section 4: Commencement  Art. 13 This Ordinance comes into force on 1 November 2013.


type: legislation

jurisdiction: Switzerland

text: 441.1 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on the National Languages and Understanding between the Linguistic Communities(Languages Act, LangA)of 5 October 2007 (Status as 1 February 2021)The Federal Assembly of the Swiss Confederation,based on Articles 4, 18 and 70 of the Federal Constitution1, having considered the report of the National Council Science, Education and Culture Committee dated 15 September 20062 and the report of the Federal Council dated 18 October 20063,decrees:1 SR 1012 BBl 2006 89773 BBl 2006 9047Section 1 General Provisions  Art. 1 Subject matter  This Act regulates:a. the use of the official languages by the federal authorities and in dealings with them;b. the promotion of understanding and exchange between the linguistic communities;c. support for the plurilingual cantons in fulfilling their specific tasks;d. support for measures by the cantons of Graubünden and Ticino that benefit Romansh and Italian.Art. 2 Aim  By means of this Act, the Confederation intends:a. to strengthen quadrilingualism as one of Switzerland's fundamental characteristics;b. to consolidate the internal cohesion of the country;c. to encourage individual and institutional plurilingualism in the national languages;d. to preserve and promote Romansh and Italian as national languages.Art. 3 Principles  1 In fulfilling its tasks, the Confederation shall observe the following principles in particular:a. it shall ensure that it treats the four national Swiss languages equally;b. it shall guarantee and apply linguistic freedom in all its areas of activity;c. it shall take account of the traditional linguistic composition of Switzerland's regions;d. it shall promote understanding between the linguistic communities.2 It shall work with the cantons to fulfil its tasks relating to the policy on languages and understanding between the linguistic communities.Section 2 Official Languages of the Confederation  Art. 4 Scope of application  1 This section applies to the following federal authorities:a. the Federal Assembly and its organs;b. the Federal Council;c. the Federal Administration under Article 2 paragraphs 1–3 of the Government and Administration Organisation Act of 21 March 19974 (GAOO);d. the federal courts;e. the extra-parliamentary committees of the Confederation.2 Where the goals set out in this Act so require, the Federal Council may provide that:a. provisions of this Section apply to organisations or persons under Article 2 paragraph 4 GAOO that are entrusted with administrative tasks under federal law;b. the granting of licences or assignments and the award of financial assistance are made conditional on complying with the provisions of this Section.4 SR 172.010Art. 5 Official languages  1 The official languages of the Confederation are German, French and Italian. Romansh is an official language in dealings with persons who speak this language.2 The federal authorities shall use the official languages in their standard forms.Art. 6 Choice of language  1 Any person dealing with a federal authority may do so in the official language of their own choice.2 The federal authorities shall answer in the official language in which they are addressed. They may agree with persons who contact them to use a different official language.3 Persons who speak Romansh may address the federal authorities in its idioms or in Rumantsch Grischun. The authorities answer in Rumantsch Grischun.4 The Federal Council may restrict the free choice of official language for dealings with authorities whose activities are limited to a specific region.5 In dealings with persons who have no command of an official language, the federal authorities shall if possible use a language that these persons understand.6 The special provisions on the administration of federal justice are reserved.Art. 7 Comprehensibility  1 The federal authorities shall endeavour to ensure that their language is appropriate, clear and comprehensible and shall ensure that gender-appropriate wording is used.2 The Federal Council shall take the measures required; in particular, it shall arrange for the basic and advanced training of employees and the provision of the required aids.55 The amendment in accordance with the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017, relates to the French and Italian versions only (AS 2016 689; BBl 2013 3729).Art. 8 Federal Assembly  1 In debates in the Federal Assembly and its committees, each member shall use a national language of his or her choice.2 Dispatches, reports, draft legislation and requests must normally be submitted for consideration in the Federal Assembly and its committees in German, French and Italian.Art. 9 Federal Council and Federal Administration  1 The members of the Federal Council, the Federal Chancellor and Federal Administration staff shall work as they wish in German, French or Italian.2 Federal Administration employers as defined in the legislation on federal personnel shall make the required aids available. Art. 10 Publications in German, French and Italian  1 Federal enactments and other texts that must be published officially in the Official or Classified Compilations of Federal Legislation or in the Federal Gazette in terms of the Publications Act of 18 June 20046 or based on other federal law provisions shall be published in German, French and Italian unless the law provides otherwise.72 Publication shall take place simultaneously in German, French and Italian.6 SR 170.5127 Amended by Annex No 5 of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 11 Publications in Romansh  Texts of particular importance as well as the documents for federal elections and votes shall also be published in Romansh. The Federal Chancellery shall determine which texts are published after consulting the Chancellery of the Canton of Graubünden and the federal agencies concerned.Art. 12 Communications, signs and identity documents  1 The federal authorities shall use the local official language for public communications.2 The federal authorities shall communicate with the public in the four official languages, in particular in the design:a. of its printed matter;b. of its internet home pages;c. in signs in its buildings.3 Personal identity documents shall be issued in the four official languages.4 Federal forms intended for the general public must be made available in all the official languages. The federal authorities may allow exceptions for forms intended for a limited group of persons.Art. 13 International agreements  1 An original version of bilateral agreements that must be published must be made available in at least one official language of the Confederation.2 In the case of multilateral agreements that must be published, it must be ensured that an original version in at least one official language of the Confederation is produced.3 Exceptions under Article 14 paragraph 2 of the Publications Act of 18 June 20048 and special provisions of federal legislation are reserved.8 SR 170.512Section 3 Promoting Understanding and Exchange between the Linguistic Communities Art. 14 Student exchange schemes  1 The Confederation and the cantons shall encourage the exchange of school students and teachers at all school levels.2 The Confederation may grant financial assistance to the cantons and exchange organisations.Art. 15 Teaching  1 The Confederation and the cantons shall, within the scope of their responsibilities, ensure that the teaching language, and in particular its standard form, is accorded special attention at all academic levels.2 They shall, within the scope of their responsibilities, encourage plurilingualism among learners and teachers.3 They shall, within the scope of their responsibilities, be committed to a system of teaching foreign languages that guarantees that at the end of their compulsory schooling, students have skills in at least one second national language and one other foreign language. The teaching of the national languages shall take account of the cultural aspects of a plurilingual country.Art. 16 Further measures to promote language skills  The Confederation may grant financial assistance to the cantons to:a. devise the basic requirements for the teaching of a second and third national language;b. promote skills in the local national language among those who speak a different language;c. promote the skills of those who speak a different language in their own mother tongue.Art. 17 Academic institution promoting plurilingualism  In order to coordinate, introduce and conduct applied research on languages and plurilingualism, the Confederation and the cantons may support an academic institution suitable for this purpose.Art. 18 Support for organisations  The Confederation may grant financial assistance to:a. news agencies of national importance that report on the four language regions of the country;b. non-profit-making organisations and institutions of national importance that by their activities promote understanding in at least one language region or carry out fundamental work promoting plurilingualism and publish the results;c. joint bodies that support projects that increase understanding between the linguistic communities.Art. 19 Financial assistance for translation work  The Confederation may grant financial assistance to non-profit-making organisations and institutions active in Switzerland for written translations from one official Swiss language into the others.Art. 20 Plurilingualism in public service  1 The Confederation shall encourage its employees to further their knowledge of the national languages.2 The Confederation shall ensure that the linguistic communities are fairly represented in the federal authorities and extra-parliamentary committees, and shall encourage plurilingualism in the armed forces.3 The Confederation and the cantons shall make their terminology databases available to each other free of charge.Section 4 Support for Plurilingual Cantons  Art. 21 1 Within the limits of the authorised credits, the Confederation shall grant the plurilingual cantons financial assistance so that they may perform their specific tasks.2 The cantons of Bern, Fribourg, Graubünden and Valais are considered to be plurilingual.3 Specific tasks are in particular:a. establishing suitable conditions and aids for the plurilingual work in political authorities, the law enforcement and justice system, and administrative authorities;b. encouraging plurilingualism among learners and teachers in the official languages of the canton at all academic levels.Section 5 Preserving and Promoting the Romansh and Italian Languages and Cultures Art. 22 1 Within the limits of the authorised credits, the Confederation shall grant the cantons of Graubünden and Ticino financial assistance to support:a. measures to preserve and promote the Romansh and Italian languages and cultures;b. organisations and institutions that fulfil supra-regional responsibilities to preserve and promote the Romansh and Italian languages and cultures;c. publishing activities in Romansh and Italian-speaking Switzerland.2 In order to preserve and promote the Romansh language, the Confederation may support measures to support the Romansh media.3 Federal financial assistance shall amount to a maximum of 75 per cent of the overall costs.Section 6 Implementation and Evaluation  Art. 23 Granting of financial assistance  1 The Confederation shall grant financial assistance in response to an application. Applications must provide information on the intended measures and include a funding plan.2 The Confederation shall grant financial assistance in the form of a public service agreement or a ruling. If possible, public service agreements shall be entered into for a term of several years.Art. 24 Prohibition of multiple grants  Multiple grants of financial assistance under this Act are not permitted.Art. 25 Reporting, evaluation and statistics9  1 The cantons, organisations and institutions shall submit regular reports to the Confederation on the use of financial assistance grants.2 The Confederation shall regularly review the utility and effectiveness of the measures.3 It shall with the assistance of the cantons compile statistics on student exchange schemes under Article 14. The cantons shall provide the Confederation with the required data in a standardised form.109 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 48; BBl 2020 3131).10 Inserted by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 48; BBl 2020 3131).Section 7 Final Provisions  Art. 26 Repeal and amendment of existing legislation  The repeal and amendment of the existing legislation are regulated in the Annex.Art. 27 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date:11 1 January 2010 Number I of the Annex comes into force at the same time as the Languages Ordinance.11 FCD of 4 Dec. 2009.Annex (Art. 26)Repeal and amendment of current legislation IThe Federal Act of 6 October 199512 on Financial Assistance for the Preservation and Promotion of the Romansh and Italian Languages and Cultures is repealed.IIThe following federal acts are amended as follows:…1312 [AS 1996 2280 2514]13 The amendments may be consulted under AS 2009 6605


text: 444.1 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on the International Transfer of Cultural Property(Cultural Property Transfer Act, CPTA)of 20 June 2003 (Status as of 1 February 2021)The Federal Assembly of the Swiss Confederation,on the basis of Articles 69 paragraph 2 and 95 paragraph 1 of the Federal Constitution1,in implementation of the Convention of 14 November 19702 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970 UNESCO Convention) and of the Convention of 2 November 20013 on the Protection of the Underwater Cultural Heritage (2001 UNESCO Convention),4decrees:1 SR 1012 SR 0.444.13 SR 0.444.24 Amended by Annex No 1 of the FD of 21 June 2019 on the Approval of the Convention on the Protection of Underwater Cultural Heritage, in force since 1 Nov. 2020 (AS 2020 3793; BBl 2019 467).Section 1 General Provisions  Art. 1 Subject matter and purpose  1 This Act regulates the import of cultural property into Switzerland, its transit and export as well as its repatriation from Switzerland.2 By this Act, the Confederation intends to contribute to preserving mankind’s cultural heritage and to prevent the theft, looting and illegal import and export of cultural property.Art. 2 Definitions  1 Cultural property means property that is important on religious or secular grounds to archaeology, pre-history, history, literature, art or science and which belongs to one of the categories specified in Article 1 of the 1970 UNESCO Convention or Article 1 paragraph 1 letter a of the 2001 UNESCO Convention.52 Cultural heritage means the entirety of cultural property belonging to one of the categories specified in Article 4 of the 1970 UNESCO Convention.3 Contracting states means states that have ratified the 1970 UNESCO Convention.4 Specialised Body means the administrative body responsible for carrying out the tasks specified in Article 18.5 Unlawful import, transit or export means any import, transit or export that violates an agreement pursuant to Article 7 or a measure pursuant to Article 8 paragraph 1 letter a.65 Amended by Annex No 1 of the FD of 21 June 2019 on the Approval of the Convention on the Protection of Underwater Cultural Heritage, in force since 1 Nov. 2020 (AS 2020 3793; BBl 2019 467).6 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).Section 2 Registers of Cultural Property  Art. 3 Federal Register  1 Cultural property owned by the Confederation that is of essential importance to cultural heritage shall be registered in the Federal Register.2 Registration has the following effect:a. the cultural property may neither be acquired by adverse possession nor be acquired in good faith;b. the right to recovery is not subject to a statute of limitations;c. the definitive export of the cultural property from Switzerland is prohibited.3 The entry in the Federal Register relating to an item of cultural property may be removed if:a. the cultural property is no longer of essential importance to cultural heritage;b. the cultural property is to be made part of an ensemble;c. the Confederation loses or waives its ownership of the cultural property.4 The Specialised Body shall maintain and publish the Federal Register in the form of an electronic database.Art. 4 Cantonal registers  1 In order to simplify border controls, cantons that regulate the export of cultural property on their territories may link the following to the federal database:a. registers of their cultural property;b. registers of privately-owned cultural property, provided the owners have given their consent thereto.2 The cantons may declare that cultural property in their registers may neither be acquired by adverse possession nor acquired in good faith and that the right to recovery is not subject to a statute of limitations.Section 3 Import, Transit and Export7 7 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131). Art. 4a8 Customs declaration  Any person who imports, carries in transit or exports cultural property as defined in Article 2 paragraph 1 must declare it to customs.8 Inserted by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).Art. 5 Export licence for cultural property in the Federal Register   1 Any person who wishes to export from Switzerland cultural property that is registered in the Federal Register shall require a licence from the Specialised Body.2 The licence shall be granted if:a. the cultural property is being exported temporarily; andb. the cultural property is being exported for the purpose of the research, conservation, exhibition or for similar reasons.Art. 6 Swiss right of repatriation  1 If cultural property registered in the Federal Register has been exported unlawfully from Switzerland, the Federal Council shall exercise its right of repatriation against other contracting states. Any compensation and costs shall be paid by the Confederation.2 If cultural property registered in a cantonal register is exported unlawfully from Switzerland, the Federal Council shall at the request of the canton concerned exercise its right of repatriation against other contracting states. Any compensation and costs shall be paid by the requesting canton.Art. 7 Agreements  1 To safeguard cultural and foreign policy interests and to preserve our cultural heritage the Federal Council may enter into international treaties with contracting states on the import and repatriation of cultural property (agreements).2 The following conditions must be met:a. the subject matter of the agreement must be cultural property of essential importance to the cultural heritage of the contracting State concerned;b. the cultural property must be subject to provisions on export in the contracting State concerned that aim to protect cultural heritage; andc. the contracting State must grant reciprocal rights.Art. 8 Temporary measures  1 In order to protect from damage the cultural heritage of a State that is endangered due to exceptional events, the Federal Council may:a. permit, place conditions on, restrict or prohibit the import, transit and export of cultural property;b. participate in joint international operations as defined in Article 9 of the 1970 UNESCO Convention.2 The measures must be temporary.Art. 9 Repatriation actions based on agreements  1 Any person in possession of cultural property that has been unlawfully imported into Switzerland may be sued for repatriation by the State from which the cultural property has been unlawfully exported. The plaintiff State must in particular prove that the cultural property is of essential importance to its cultural heritage and was unlawfully imported.2 The court may postpone repatriation until the cultural property is no longer at risk on its repatriation.3 The costs of the measures required to secure, preserve and repatriate the cultural property shall be borne by the plaintiff State.4 The State’s right of repatriation is subject to a statute of limitations of one year from the date on which its authorities became aware of where and with whom the cultural property is located, but 30 years at the latest after the cultural property was unlawfully exported.5 Any person who has acquired the cultural property in good faith and must return it is entitled at the time of repatriation to compensation based on the purchase price and any expenditure that was required and beneficial for the preservation and maintenance of the cultural property.6 The compensation must be paid by the plaintiff State. The person that is required to return the cultural property has a right of retention pending payment of the compensation.Section 4 Guarantee of Return  Art. 10 Application  If cultural property of a contracting State is lent temporarily by a contracting State to a museum or another cultural institution in Switzerland for an exhibition, the borrowing institution may request the Specialised Body to issue the lending institution with a guarantee of return for the duration of the exhibition agreed in the loan agreement.Art. 11 Publication and objection procedure  1 The request shall be published in the Official Federal Gazette. The notice published shall contain a precise description of the cultural property and of its origin.2 If the request clearly does not meet the requirements for granting a guarantee of return, it shall be rejected and not published.3 Any person who is a party under the Federal Act of 20 December 19689 on Administrative Procedure may file a written objection within 30 days with the Specialised Body. The 30-day period begins on publication of the notice.4 Unless a person has filed an objection, they may not participate in the remainder of the proceedings.9 SR 172.021Art. 12 Issuing the guarantee  1 The Specialised Body shall decide on the request for issuing a guarantee of return.2 The guarantee of return may be issued if:a. no one has filed an objection claiming ownership of the cultural property;b. the import of the cultural property is not unlawful;c. the lending agreement provides that the cultural property shall be returned to the contracting State from which it has been borrowed on conclusion of the exhibition.3 The Federal Council may specify additional requirements.Art. 13 Effect  The guarantee of return has the effect that private individuals and public authorities may not claim any legal rights to the cultural property while the cultural property is in Switzerland.Section 5 Financial Assistance for the Preservation of Cultural Heritage Art. 14 Financial assistance10  1 The Confederation may grant financial assistance:a. to museums or similar institutions in Switzerland for the temporary fiduciary custody and conservational supervision of cultural property that forms part of the cultural heritage of other states and that is at risk there due to exceptional events;b. for projects to maintain cultural heritage in other contracting states;c. under exceptional circumstances, to facilitate restitution of the cultural heritage of contracting states.2 Financial assistance under paragraph 1 letter a may only be paid out if fiduciary custody:a. takes place by agreement with the authorities of the other State; orb. takes place under the auspices of UNESCO or of another international organisation for the protection of cultural property.10 Inserted by Annex No II 4 des Culture Promotion Act of 11 Dec. 2009, in force since  1 Jan. 2012 (AS 2011 6127; BBl 2007 4819 4857).Art. 14a11 Funding  The funding of financial assistance under Article 14 is governed by Article 27 of the Culture Promotion Act of 11 December 200912.11 Inserted by Annex No II 4 des Culture Promotion Act of 11 Dec. 2009, in force since  1 Jan. 2012 (AS 2011 6127; BBl 2007 4819 4857).12 SR 442.1Section 6 Transfer of Cultural Property  Art. 15 Transfer to federal institutions  1 Federal institutions may not acquire or exhibit cultural property that:a. has been stolen, lost against the owner’s will or unlawfully excavated;b. forms part of the cultural heritage of a State and has been unlawfully exported from that State.2 Federal institutions that are offered such property shall notify the Specialised Body immediately.Art. 16 Duty of diligence  1 Cultural property may only be transferred in the art trade and the auction business if the person making the transfer can assume in the circumstances that the cultural property:a. has not been stolen, lost against the owner’s will or unlawfully excavated;b. has not been unlawfully imported.2 Persons active in the art trade and in the auction business are required:a. to establish the identity of the suppliers or the seller and request them to provide a written declaration on their right to dispose of the cultural property;b. to inform their customers about the current import and export regulations of contracting States;c. to keep written records on the acquisition of cultural property and in particular the origin of the cultural property, insofar as it is known, and the name and the address of the supplier or seller, a description and the purchase price of the cultural property;d. to provide the Specialised Body with all the information that it requires on fulfilling this duty of diligence.3 Records and receipts must be stored for 30 years. Article 962 paragraph 2 of the Code of Obligations13 applies by analogy.13 SR 220Art. 17 Inspection  1 In order to verify compliance with the duty of diligence, the Specialised Body shall be granted access to the premises and storerooms of persons active in the art trade and in the auction business.2 If it has reason to believe that that an offence has been committed under this Act, the Specialised Body shall report the matter to the competent prosecution authority.Section 7  Authorities  Art. 18 Specialised Body  The Confederation shall appoint a Specialised Body to implement this Act, which shall have the following tasks in particular:a. it advises and supports the federal authorities on matters relating to the transfer of cultural property and in coordinating related work;b. it advises and works with the cantonal authorities on matters relating to the transfer of cultural property;c. it represents Switzerland in dealings with foreign authorities on matters relating to the transfer of cultural property;d. it works with the authorities of other states in order to safeguard their cultural heritage;e. it issues persons active in the art trade and the auction business and other interested groups with information on matters relating to the transfer of cultural property;f. it maintains a list of offices providing information on cultural property reported as being stolen;g. it maintains and publishes the Federal Register in the form of an electronic database (Art. 3);h. it issues guarantees of return (Art. 10–13);i. it verifies compliance with duties of diligence by persons active in the art trade and auction business (Art. 16 and 17).Art. 19 Customs  1 The customs authorities shall monitor the transfer of cultural property at the border.2 They are authorised to withhold suspicious cultural property on import, transit or export and to report the matter to the prosecution authorities.3 The storage of cultural property in customs warehouses is deemed to be an import in terms of this Act.Art. 20 Prosecution authorities  1 If there is reason to believe that cultural property has been stolen, lost or unlawfully imported into Switzerland, the competent prosecution authorities shall order its seizure.2 Any seizure must be reported to the Specialised Body immediately.Section 8 Administrative and Mutual Assistance  Art. 21 Administrative assistance in Switzerland  The competent federal, cantonal and communal authorities shall provide each other and the relevant supervisory authorities with any data required to implement this Act.Art. 22 International administrative and mutual assistance  1 The federal authorities responsible for implementing this Act may work with the competent foreign authorities and with international organisations or bodies and coordinate the gathering of data insofar as:a. this is required to implement this Act; andb. the foreign authorities, international organisations or bodies are bound by official secrecy or by a corresponding duty of confidentiality.2 They may request foreign authorities to provide the required data. In order to obtain the data, they may disclose data to the foreign authorities, in particular about:a. the condition, quantity, destination and place of use, purpose and the recipients of cultural property;b. persons involved in the supply or brokerage of cultural property;c. the financial aspects of the transactions.3 The federal authorities may disclose the data under paragraph 2 on their own initiative or at the request of the foreign State provided the State concerned:a. offers reciprocal rights;b. provides the assurance that the data will only be processed for purposes under this Act;c. provides the assurance that the data will only be used in criminal proceedings in which mutual assistance in criminal matters would not be excluded because of the nature of the offence; in this case the competent federal authority shall decide in advance after consulting the Federal Office of Justice on whether mutual assistance in criminal matters is possible.Art. 23 Relationship with the Mutual Assistance Act  The competent foreign authorities may be granted mutual assistance in connection with offences under this Act. Such offences are not deemed to be currency, trade or economic offences in terms of Article 3 paragraph 3 of the Mutual Assistance Act of 20 March 198114; the procedural provisions of the Mutual Assistance Act apply.14 SR 351.1Section 9 Criminal Provisions15 15 From 1 Jan. 2007 the penalties and limitation periods must be interpreted or recalculated in application of Art. 333 paras 2–6 of the Criminal Code (SR 311.0) in its version in the FA of 13 Dec. 2002 (AS 2006 3459; BBl 1999 1979). Art. 24 Misdemeanours  1 Unless the offence carries a higher penalty under another legal provision, anyone who wilfully commits any of the following acts is liable to a custodial sentence not exceeding one year or to a monetary penalty:16a. imports, sells, offers for sale, supplies or brokers the sale of, acquires or exports cultural property that has been stolen or lost against the owner’s will;b. appropriates excavation finds in terms of Article 724 of the Civil Code17;c.18 unlawfully imports, carries in transit, or exports cultural property;cbis.19 fails to make a customs declaration or makes a false customs declaration regarding cultural property when importing, carrying in transit or exporting cultural property;d.20 exports cultural property registered in the Federal Register without authorisation.2 If the offender acts through negligence, the penalty shall be a fine not exceeding 20,000 francs.3 If the offender acts for commercial gain, the penalty shall be a custodial sentence not exceeding two years or monetary penalty.2116 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).17 SR 21018 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).19 Inserted by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).20 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).21 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).Art. 25 Contraventions  1 Unless the offence carries a higher penalty under another legal provision, any person in the art trade or auction business shall be liable to a fine not exceeding 20,000 francs if they:a. disregard the duties of diligence (Art. 16);b. obstruct the conduct of an inspection (Art. 17).2 Attempt and complicity are also offences.3 ...2222 Repealed by No I of the FA of 25 Sept. 2020, with effect from 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).Art. 26 Offences by businesses  Articles 6 and 7 of the Federal Act of 22 March 197423 on Administrative Criminal Law apply to offences committed by businesses.23 SR 313.0Art. 27 Prosecution  The cantons are responsible for the prosecution and judgment of offences under this Act.Art. 28 Forfeiture of cultural property and assets  Cultural property and assets forfeited under Articles 69–72 of the Criminal Code24 shall pass to the Confederation.25 It shall take account of the objectives of this Act.24 SR 311.025 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021  (AS 2021 50; BBl 2020 3131).Art. 29 Notification requirement  The customs authorities and the competent prosecution authorities are required to notify the Specialised Body of offences under this Act.Section 10 Legal Remedies and Data Protection  Art. 30 1 The procedure for appeals against rulings under this Act is governed by the general provisions on the administration of federal justice.2 The processing of personal data is governed by the legislation on data protection.Section 11 Final Provisions  Art. 31 Implementation  The Federal Council shall issue the implementing provisions.Art. 32 Amendment of Current Legislation  The following enactments are amended as follows:...2626 The amendment may be consulted under AS 2005 1869.Art. 33 Prohibition of retroactive effect  This Act does not apply with retroactive effect. In particular it does not apply to acquisitions made before its commencement date.Art. 34 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 June 20052727 FCD of 13 April 2005.


text: 444.11 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on the International Transfer of Cultural Property(Cultural Property Transfer Ordinance, CPTO)of 13 April 2005 (Status as of 1 July 2017) The Swiss Federal Council,on the basis of Article 31 of the Cultural Property Transfer Act (CPTA) of 20 June 20031,ordains:1 SR 444.1Section 1 General Provisions  Art. 1 Definitions  In this Ordinance:a. the description of an item of cultural property means:1. the nature of an item of cultural property, the materials from which it is made, its dimensions and/or weight, any inscriptions or markings thereon, and any special features (in particular damage and repairs),2. its era or date of creation, creator and its name, insofar as these details are known or can with reasonable expense be established;b. the origin or provenance of an item of cultural property means the place an item of cultural property comes from or its place of manufacture or, if it originates from archaeological or palaeontological excavations or discoveries, the place where the item of cultural property was found;c.2 federal institutions means:1. the Swiss National Museum and the National Museum Zurich, the Château de Prangins, the Forum der Schweizer Geschichte Schwyz and the Sammlungszentrum Affoltern am Albis,2. the Swiss National Library with the Swiss Literary Archives and the Prints and Drawings Department, and the Centre Dürrenmatt in Neuchâtel,3. the Oskar Reinhart Collection «Am Römerholz» in Winterthur,4. the Museo Vela in Ligornetto,5. the Seewen Museum of Music Automatons,6. Federal Institute of Technology in Zurich and its collections,7. the collection of art and cultural property held by Gottfried Keller Foundation,8. the Swiss Federal Art Collection;d. lending institution means both public and private institutions that lend cultural property, and private lenders;e. persons active in the art trade and the auction business means:1. natural persons domiciled in Switzerland and companies with registered office in Switzerland that are required to be entered in the commercial register and that either acquire cultural property for the purpose of resale for their own account or that trade in cultural property for the account of others, and2. natural persons domiciled abroad and companies with registered office abroad that carry out more than ten commercial transactions involving cultural property in a calendar year and thereby achieve a turnover of more than 100,000 francs and that either acquire cultural property for the purpose of resale for their own account or that trade in cultural property for the account of others;f. transfer of cultural property means a transaction for a consideration in the art trade or in the auction business that leads to a person becoming the owner of an item of cultural property;g. estimated value means the value that corresponds to the market value of an item of cultural property. The customary practices for establishing the estimated value in auctions are reserved;h. supplier means the person who instructs another person active in the art trade and the auction business to transfer of an item of cultural property;i. exceptional events:1.3 armed conflicts,2. natural disasters,3. other exceptional events that endanger the cultural heritage of a state.2 Amended by Art. 10 of the Ordinance of 21 May 2014 on the Federal Register of Cultural Property, in force since 1 July 2014 (AS 2014 1451).3 Amended by No II 1 of the Ordinance of 29 Oct. 2014 on the Protection of Cultural Property during Armed Conflicts, in force since 1 Jan. 2015 (AS 2014 3555).Section 2 Cantonal Registers of Cultural Property  (Art. 4 CPTA)Art. 2 1 The content of cantonal registers are not included in the Federal Register. A link connects to the Federal Register. The Federal Office of Culture (FOC) shall resolve the modalities of connections in consultation with the cantons.2 The Federal Government shall ensure that the authorities and the public can access the cantonal registers electronically (Internet) without restriction and at no charge.3 The cantons are responsible for the content of the registers.Section 3 Import and Export  Art. 3 Application for a temporary export licence   (Art. 5 CPTA)1 The application for an export licence for cultural property registered in the Federal Register must be submitted to the specialist service, at the latest, 30 days prior to the intended export from Switzerland.2 The application must include the following information:a. the purpose of the temporary export;b. the export date of the cultural property;c. the repatriation date of the cultural property.3 The following must be enclosed with the application:a. a description of the cultural property;b. the Federal Register inventory number for the cultural property.Art. 4 Notice of repatriation to Switzerland   (Art. 5 CPTA)Notice of repatriation to Switzerland must be given within 30 days thereof to the specialist service.Art. 5 Swiss repatriation rights    (Art. 6 CPTA)1 The specialist service is responsible for exercising repatriation rights pursuant to Article 6 CPTA.2 It shall initiate the exercise of repatriation rights for cultural property protected against export by cantonal law in consultation with the responsible cantonal authorities.Art. 6 Temporary measures   (Art. 8 CPTA)Temporary measures may also include licensing and reporting requirements.Section 4 Guarantee of Return  Art. 7 1 The institution borrowing one or more items of cultural property must submit a request for the issue of a guarantee of return to the specialist service, at the latest three months before the intended import of the cultural property into Switzerland.2 The request must include the following information:a. name and address of the lending institution;b. a description of the cultural property;c. as precise a description as possible of the cultural property’s origin;d. the intended date of the temporary import of cultural property into Switzerland; e. the intended date of the export of the cultural property from Switzerland;f. the duration of the exhibition;g. the requested term of the guarantee of return.3 The request must be submitted in an official language. The information specified in paragraph 2 letters b and c must be submitted in electronic form. This information may also be submitted in English.4 A copy of the loan agreement with the lending institution must be enclosed with the request. The copy must indicate that the cultural property will return to the contracting state from which it was borrowed at the completion of the exhibition in Switzerland or at the completion of a travelling exhibition through multiple countries.5 The specialist service shall allow the borrowing institution a period of 10 days to rectify incomplete requests or requests without a copy of the loan agreement. It shall combine the deadline with the warning that the request may be rejected without publication (Art. 11 para. 2 CPTA) if the request is not rectified within the deadline or a copy of the loan agreement is not submitted.Section 5 Financial Assistance for the Preservation of Cultural Heritage Art. 8 Application for financial assistance   (Art. 14 CPTA)An application for financial assistance for the preservation of cultural heritage of another country must be submitted to the specialist service before conducting the planned project.Art. 9 Authority to grant financial assistance   (Art. 14 CPTA)1 The FOC shall decide on applications on financial assistance for the temporary fiduciary custody and conservational supervision of cultural property pursuant to Article 1 paragraph 1 letter a CPTA.2 The FOC shall decide in consultation with the Swiss Agency for Development and Cooperation and the Directorate of Political Affairs of the Federal Department of Foreign Affairs on applications for financial assistance for projects pursuant to Article 14 paragraph 1 letter b CPTA, and projects facilitating the restitution of cultural heritage under Article 14 paragraph 1 letter c CPTA.Art. 10 Maximum rate of financial assistance   (Art. 14 CPTA)1 Financial assistance may amount to a maximum of 50 per cent of the costs claimed.2 Financial assistance may only be granted as part of the approved credits.Art. 11 Financial assistance for fiduciary custody   (Art. 14 para. 1 let. a CPTA)1 Financial assistance for the fiduciary custody and conservational supervision shall amount to a maximum of CHF 100,000 per annum.2 Financial assistance shall only be granted to museums or similar institutions that:a. are active in a significant and recognised manner in the corresponding specialty, andb. conduct their activity based on the deontological rules of the museum profession, for example, the ICOM4 Code of Ethics for Museums of 4 November, 1986 (amended on 6 July 2001 and revised in October 2004)5, in particular with regard to its purchasing and exhibition policies.4 International Council of Museums5 Available at the FOC’s Specialized Body for the International Transfer of Cultural Property, Hallwylstrasse 15, 3003 Bern.Art. 12 Financial assistance for the maintenance of cultural heritage   (Art. 14 para. 1 let. b CPTA)1 Projects for the maintenance of cultural heritage in another contracting state shall be supported with a one-time contribution of a maximum of CHF 100 000 francs per project. The contribution may be paid in instalments.2 In exceptional cases, the Federal Council may grant a payment of a maximum of CHF 1 million at the request of the Federal Department of Home Affairs.Art. 13 Financial assistance to facilitate the restitution of  cultural heritage   (Art. 14 para. 1 let. c CPTA)1 Financial assistance to facilitate the restitution of cultural heritage of contracting states shall be granted exclusively to state authorities and international organisations.2 Financial assistance may not exceed CHF 50,000.3 Financial assistance shall only be granted if the contracting state makes a contribution of its own corresponding to its financial resources.4 Financial assistance serves to cover:a. court, legal, insurance, restoration and transport costs, insofar they are necessary for restitution and are actually incurred;b. compensation to third parties in exceptional cases.Art. 14 Requirements  The granting of financial assistance is subject to compliance with the following requirements:a. the cultural heritage must be protected in accordance with all the rules of the profession;b. the grant recipient must render account to the specialist service on the use of the financial assistance;c. the grant recipient to announce that it has received support from the Confederation in a suitable and reasonable manner;d. items of cultural property received, restored or made subject to restitution with the help of financial assistance in accordance with Articles 12 and 13 may not be sold.Art. 15 Compensation  If the requested financial assistance exceeds the available resources, the Federal Department of Home Affairs shall work with the Federal Department of Foreign Affairs to set an order of priorities for the assessment of the applications.Section 6 Transfer of Cultural Property  Art. 16 Scope of Articles 15–17 CPTA  1 Articles 15–17 CPTA apply to:a. federal institutions;b. persons active in the art trade and auctioning business to the extent they transfer cultural property within Switzerland.2 The obligations pursuant to Articles 15–17, CPTA do not apply to cultural property with a sale price or estimated value on transactions for third-party accounts of less than CHF 5,000.3 The exception under paragraph 2 does not apply to the trade in cultural property in the following categories:a. results of archaeological or palaeontological excavations or discoveries;b. parts of destroyed artistic or historical monuments or of excavation sites;c. ethnological items, specifically those items used in sacral or profane rituals.Art. 17 Declaration of identity   (Art. 15 para. 1 and 16 para. 2 let. c CPTA)1 Federal institutions and persons active in the art trade or auctioning business must establish the identity of the seller or supplier based on the following information:a. in the case of natural persons and sole proprietors: surname, first name, date of birth, home address and nationality;b. in the case of legal entities and partnerships: company name and domicile address.2 The information shall be verified on the basis of probative documents if there are indications that the information is incorrect or that the relationship of trust established in previous transactions must be called into question.3 Establishing identity is not required if it has been previously established.Art. 18 Right of disposal   (Art. 15 para. 1 and 16 para. 2 let. a CPTA)The seller or supplier if applicable must sign a declaration confirming their right to dispose of the cultural property.Art. 19 Accounting   (Art. 15 para. 1 and 16 para. 2 let. c CPTA)1 Federal institutions and persons active in the art trade and in the auction business must record the following information and retain the corresponding documents:a. a description of the cultural property;b. the origin of the cultural property, to the extent known;c. the details of identity in accordance with Article 17;d. the declaration of the right of disposal in accordance with Article 18;e. the actual transfer date of cultural property;f. the purchase price of the cultural property or its appraised value on transactions for third-party accounts.2 The documents must be stored so that they can easily be made available to the authorities within a reasonable time for any requests for information or seizure.Art. 20 On-site inspection   (Art. 17 CPTA)1 The specialist service shall give advance notice of on-site inspections, unless there is a risk that the cultural property or associated documents will otherwise not be made available for inspection.2 The specialist service shall have access to the documents specified in Article 19 during on-site inspections.3 On-site inspections are otherwise subject to the Federal Act of 20 December 19686 on Administrative Procedure.6 SR 172.021Art. 21 Data protection   (Art. 30 para. 2 CPTA)1 In order to carry out its tasks in accordance with Article 18 letter i CPTA, the specialist service may process data relating to federal institutions and persons active in the art trade and the auction business. Data processing is governed by the federal legislation on data protection.2 The specialist service shall not disclose data in accordance with paragraph 1 to third parties. The right to pass on data in connection with administrative and mutual legal assistance under Article 21 and 22 CPTA and as part of criminal proceedings remains reserved.Section 7 Specialist Service  Art. 22 1 The FOC runs the specialist service.2 ...77 Repealed by No I of the FO of 2 June 2017, with effect from 1 July 2017 (AS 2017 3475).Section 8 Customs Assessment Procedures8 8 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469). Art. 239 Customs clearance  Customs assessment is governed by the provisions of customs legislation.9 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).Art. 24 Licence obligation   (Art. 5 and 7 CPTA)1 Any person wishing to export from Switzerland cultural property that is recorded in the Federal Register in accordance with Article 3 paragraph 1 CPTA shall require a licence from the specialist service.2 Any person wishing to export from Switzerland cultural property recorded in a cantonal register in accordance with Article 4 paragraph 1 CPTA shall require a licence from the responsible cantonal authorities, insofar as a licence is necessary under the relevant cantonal provisions.3 Any person importing into Switzerland cultural property that is the subject of an agreement under Article 7 CPTA or carrying the same in transit through Switzerland must prove to the customs authorities that the export provisions of the foreign contracting state are fulfilled. If the foreign contracting state requires a licence to export such cultural property, the licence must be presented to the customs authorities.Art. 25 Customs declaration10   (Art. 19 CPTA)1 Any person who imports, carries in transit or exports cultural property must include the following in the customs declaration:11a. the object type of the cultural property;b. as detailed a description as possible of the place of manufacture or, for the results of archaeological or palaeontological excavations or discoveries, the place where the cultural property was found.2 Any person who imports or carries in transit cultural property must indicate in the customs declaration whether the export of the cultural property from a contracting state is subject to a licence in accordance with the legislation of that state.123 If a licence is required under Article 24 for the import, transit or export of an item of cultural property, this licence must be presented to the customs authorities.10 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).11 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).12 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).Art. 26 Customs warehouse and duty-free warehouse13   (Art. 19 para. 3 CPTA)1 The person required to submit a declaration shall notify the customs office in writing of the initial storage of cultural property in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse.142 The notification must include the documents and information required under Article 25.13 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).14 Amended by Annex 4 No 7 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).Section 9 Forfeiture of Cultural Property and Assets  (Art. 28 CPTA)Art. 27 1 Forfeited cultural property must be returned to its country of origin.2 The FOC decides on the return. It may suspend the execution of the return until the return no longer poses a risk to the cultural property.3 Forfeited cultural property shall be stored in the Swiss National Museum or in another appropriate institution until it is returned. The FOC shall decide on the place of storage.4 Forfeited assets shall be used by the FOC for:a. granting financial assistance under Article 14, CPTA;b. covering the costs of safeguarding and returning cultural property.Section 10 Final Provisions  Art. 28 Amendment of current legislation  …1515 The amendment may be consulted under AS 2005 1883.Art. 29 Commencement  This Ordinance comes into force on 1 June 2005.


text: 510.411English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on the Protection of Federal Information(Information Protection Ordinance, IPO)of 4 July 2007 (Status as of 1 January 2021)The Swiss Federal Council,on the basis of Articles 8 paragraph 1 and 43 paragraph 2 of the Government and Administration Organisation Act of 21 March 19971 and Article 150 paragraph 3 of the Armed Forces Act of 3 February 19952,ordains:1 SR 172.0102 SR 510.10Section 1 General Remarks  Art. 1 Subject matter  1 This Ordinance regulates the protection of federal and armed forces information to the extent that national interests so require. In particular, it defines its classification and treatment.2 The specific provisions of other legislation are reserved.Art. 2 Scope  This Ordinance applies:a.to the Federal Administration in terms of Article 6 of the Government and the Federal Administration Organisation Ordinance of 25 November 19983;b.to military personnel;c.to the extent stipulated by federal law or accordingly agreed, to organisations and persons under public and private law who process classified information;d.to federal and cantonal courts that process classified information, to the extent stipulated by federal law.3 SR 172.010.1Art. 3 Definitions  In this Ordinance:a.information means recordings on information carriers and oral statements;b.information carriers means information media of any kind, such as documents and carriers of text, picture, sound or other data; intermediary data such as drafts are also regarded as information carriers;c.processing means any activity involving information, regardless of the means used and procedures applied, in particular the compilation, use, processing, copying, making accessible, disclosing, transmitting, taking note of, conservation, archiving and destruction;d.author means a person, administrative unit, command authority or contractor who produces classified information;e.holder of classified information, confidant means a person who has been entrusted with classified information;f.classification means assessing certain information according to the list of classification criteria (Art. 8) and formally marking with a classification label;g.declassification means the cancellation of the classification label for information that is no longer sensitive;h.IT and telecommunication systems means systems and their integrated applications and databases;i.IT security means IT security safeguards confidentiality, availability, integrity and reproducibility in electronic data processing;j.codification means the use of designations and codenames;k.Encryption means state-of-the-art technical transformation of plain text.Section 2 Classifications  Art. 4 Classification levels  1 Any person who compiles or issues information requiring protection (sensitive information) shall allocate it to one of the following levels of classification according to its degree of sensitivity:a.SECRET;b.CONFIDENTIAL;c.INTERNAL.2 If information carriers are physically merged to form a collection, consideration must be given as to whether it must be classified or given a higher level of classification.Art. 5 «SECRET» information  1 Information is classified as «SECRET» if its disclosure to unauthorised persons may seriously harm national interests. The foregoing applies in particular to information, the disclosure of which may seriously compromise;a.the capacity to act of the Federal Assembly or Federal Council;b.the security of the population;c.the national economic supply or the security of nationally important management facilities and infrastructure;d.fulfilment of the duties of the Federal Administration, the Armed Forces or essential parts thereof;e.Switzerland’s foreign policy interests or international relations;f.the protection of sources or individuals or the secrecy of operational resources and methods of the intelligence services.2 Carriers of information classified as «SECRET» must be numbered.Art. 6 «CONFIDENTIAL» information  1 Information is classified as «CONFIDENTIAL» if its disclosure to unauthorised persons may harm national interests. The foregoing applies in particular to information, the disclosure of which may compromise:a.the free formation of opinions and decision-making of the Federal Assembly or the Federal Council;b.the proper implementation of specific measures by the authorities;c.the security of the population;d.national economic supply or the security of important infrastructure;e.fulfilment of the duties of parts of the Federal Administration or of the Armed Forces;f.Switzerland’s foreign policy interests or international relations;g.relations between Confederation and the cantons or among the cantons themselves;h.Switzerland’s economic, monetary and currency policy interests.2 Carriers of information classified as «CONFIDENTIAL» may be numbered.Art. 7 «INTERNAL» information  1 Information is classified as «INTERNAL»:a.if its disclosure to unauthorised persons may be disadvantageous to national interests; andb.if it need neither be classified as «SECRET» nor «CONFIDENTIAL».42 Information from abroad that is classified as «RESTRICTED» or equivalent shall be processed as «INTERNAL» information.4 Amended by No I of the Ordinance of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3207).Art. 85 List of classification criteria  The General Secretaries Conference shall lay down in a list of classification criteria how certain sensitive federal data that occurs frequently must be classified.5 Amended by No I of the Ordinance of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3207).Art. 9 Classification subject to a time limit  Classification must be made subject to a time limit if it can be predicted when it will no longer be sensitive.Section 3 Holders of Classified Information  Art. 10 Requirements  1 Persons who due to their range of duties are to be granted access to classified information must be:a.carefully selected;b.obliged to observe secrecy; andc.correspondingly trained and specialised.2 Whether holders of classified information that are to be granted access to «SECRET» or «CONFIDENTIAL» information must undergo a personnel security screening procedure, is governed by the Ordinance of 19. December 20016 on Personnel Security Screening.6 SR 120.4Art. 11 Basic and continuing education and training  The specialist knowledge of holders of classified information pertaining to information protection and IT security must be guaranteed and periodically updated.Art. 12 Responsibility  1 Any person who processes classified information is responsible for complying with the regulations on information protection.2 Superiors shall regularly check compliance with these regulations.Section 4 Processing Classified Information  Art. 13 Principles  1 Compiling, disclosing and making accessible of classified information must be kept to a minimum; in doing so, the situation, assignment, purpose and time should be taken into account.2 Classified information may only be disclosed or made accessible to those persons who must know about it.3 In the case of requests for access to official documents, the relevant authority shall check whether access should be granted, restricted, postponed or refused in accordance with the Federal Act of 17 December 20047 on Freedom of Information in the Administration, regardless of any classification.4 Processing of information from abroad is governed by the relevant information protection agreement. If such an agreement does not exist, the information is processed according to the Swiss classification level that is equivalent to its classification level abroad.7 SR 152.3Art. 14 Evaluation of protection requirement and recipients  The author of «SECRET» information or «CONFIDENTIAL» information that is numbered shall check its sensitivity and its recipients every five years at least and always with due regard to the obligation to offer to the Federal Archives.Art. 15 Protection in the case of incorrect or missing classification  1 Any person who suspects or establishes that information has obviously been incorrectly or mistakenly not classified must ensure its protection until its classification has been changed.2 He or she shall immediately inform the author, who shall immediately take the necessary measures.Art. 16 Reporting in the event of loss, abuse or risk  1 Any person who discovers that classified information is at risk, has been lost or misused shall take protective measures and inform without delay his or her superior, the author and the relevant security bodies.2 In agreement with the security bodies, the author shall immediately take the necessary measures.Art. 17 Archiving  Classified information is archived according to the legislation on archiving.Art. 18 Processing regulations  1 The processing of classified information and the handling of related information carriers is regulated in the Annex.2 The General Secretaries Conference issues regulations on processing.83 It regulates simplified handling of information by the intelligence services and the police according to their requirements; in doing so, it shall preserve adequate protection of information in accordance with this Ordinance.94 The processing of information classified as «SECRET» in the joint reporting procedure under Article 15 of the Government and Administration Organisation Act of 21 March 1997 is regulated by the Federal Chancellery; in doing so, it shall provide adequate information protection in accordance with this Ordinance.108 Amended by No I of the Ordinance of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3207).9 Amended by No I of the Ordinance of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3207).10 Inserted by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3543).Section 5 Security Bodies  Art. 19 Information protection delegate  1 The Departments and the Federal Chancellery shall each appoint an information protection delegate.2 The information protection delegates have the following tasks in particular:a.They ensure compliance with information protection in their area of responsibility.b.They periodically check the presence and completeness of information carriers that are classified as SECRET.Art. 2011 Coordination Committee for Federal Information Protection  1 The information protection delegates of the Departments and the Federal Chancellery form the Coordination Committee for Federal Information Protection (Coordination Committee).2 The Coordination Committee has the following tasks:a.It prepares for the General Secretaries Conference a list of classification criteria, handling regulations and regulations for simplified handling of information by the intelligence services and the police.b.It ensures a uniform information protection practice within the Confederation.c.It coordinates its activities with the IT Security Committee.d.It guarantees the provision of the information to the General Secretaries Conference.e.12Every two years, it reports to the General Secretaries Conference on strategic concerns of the Information Protection Report.f.It may consult other services.3 In agreement with the Departments and the Federal Chancellery, it draws up business regulations for itself and the Coordination Agency.11 Amended by No I of the Ordinance of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3207).12 Amended by No I of the Ordinance of 1 May 2013, in force since 1 June 2013  (AS 2013 1341).Art. 20a13 Coordination Agency for Federal Information Protection  1 The Coordination Committee is supported by the Coordination Agency. The latter has the following tasks:a.It manages the secretariat of the Coordination Committee.b.It is the central point of contact for domestic, foreign and international agencies concerned with information protection.c.It supports the information protection delegates of the Departments and the Federal Chancellery in its field.d.It creates the necessary training aids.e.It may carry out the security inspections required by international treaties and further checks in consultation with the Departments and the Federal Chancellery.2 The Coordination Agency is assigned in administrative terms to the General Secretariat of the Federal Department of Defence, Civil Protection and Sport.1413 Inserted by No I of the Ordinance of 30 June 2010, in force since 1 Aug.. 2010  (AS 2010 3207).14 Amended by Annex No 2 of the Ordinance of 3 June 2016, in force since 1 July 2016  (AS 2016 1785).Section 6 Final Provisions  Art. 21 Implementation  The Departments and the Federal Chancellery shall implement this Ordinance.Art. 22 Repeal and amendment of current law  1 The following are repealed:a.Ordinance of 10 December 199015 on the Classification and Handling of Information from the Civilian Administrative Sector;b.Ordinance of the Federal Department of Defence of 1 May 199016 on the Protection of Military Information (Information Protection Ordinance).2 ...1715 [AS 1991 44, 1999 2424 Art. 27 No 1]16 [AS 1990 887, 1999 2424 Art. 27 No 3]17 These amendments may be consulted under AS 2007 3401.Art. 23 Transitional provisions  1 The classification «INTERNAL» may only be applied to information carriers that are created after this Ordinance comes into force.2 Technical adjustments to ensure the protection of information, in particular concerning its classification and handling, must be carried out by 31 December 2009.Art. 24 Commencement  1 This Ordinance comes into force on 1 August 2007 and is valid until 31 December 2011 at the latest.2 The period of validity of this Ordinance is extended until 31 December 2014.183 The period of validity of this Ordinance is extended until 31 December 2017.194 The period of validity of this Ordinance is extended until 31 December 2020.205 The period of validity of this Ordinance is extended until 31 December 2023.2118 Inserted by No I of the Ordinance of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3207).19 Inserted by No I of the Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3543).20 Inserted by No I of the Ordinance of 1 Dec. 2017, in force since 1 Jan. 2018  (AS 2017 7391).21 Inserted by No I of the Ordinance of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6011).Annex (Art. 18 para. 1)22Handling regulations SECRETCONFIDENTIALINTERNALPerson ResponsibleCreationResources (the regulations agreed on implementing the Ordinance of 29 August 199023 on Classification Procedure for Assignments with Classified Military Content apply.Electronically: only with resources authorised by the Coordination Agency (exception: armed forces)Electronically: only with resources authorised by the Coordination Agency (exception: armed forces)ArbitraryAuthorClassificationMark every page with: «SECRET»Mark every page with: «CONFIDENTIAL»Mark every page with: «INTERNAL» NumberingCompulsoryOptionalNoneRegistrationCoordination Agency’s formsList of recipientsOptionalStorage or preservationElectronicOnly on resources authorised by the Coordination Agency; encrypted on workplace systems or encrypted on removable data carriersEncrypted on workplace systems or encrypted on removable data carriersAccessible to authorised persons onlyAuthor or confidantKeys are stored separately from the encrypted information and kept under lock and keyPhysicalSafeSecured containerAccessible to authorised persons onlyTransfer or transmission and receptionTelephone, mobileEncrypted or protected transfer pathway or security conceptEncoded or encryptedEncoded or within federal networkAuthor or confidantFaxEncryption or protected transfer pathway or security conceptEncryption or protected transfer pathway or security conceptPermittedE-mail (or annex thereof)Encrypted and reproducibleEncryptedPermitted, protection necessary, e g. federal networkData transmissionEncryption or protected transfer pathwayEncryption or protected transfer pathwayPermitted, protection necessary, e.g. federal networkOral statementsOnly to authorised persons, in areas where eavesdropping is impossibleTransmission or dispatch and receptionPersonal hand-overOnly permitted against receiptPermitted, in the case of numbered editions against receipt only PermittedAuthor or confidantPostal system, courierRestricted and only permitted by special federal courier Permitted in restricted cases, in the case of numbered editions by registered letter Permitted in restricted casesUseProcessing with IT applications (with the exception of arrangements made pertaining to secrecy protection procedures)Only with resources authorised by the Coordination Agency and with the use of security software that satisfies federal standardsOnly with resources authorised by the Coordination Agency (exception: armed forces) and with the use of security software that satisfies federal standardsPermittedAuthor or confidantPrintingPermitted in restricted casesPermitted in restricted casesPermittedCopyingRestricted and exclusively permitted at the author’s consentPermitted in restricted casesPermittedRemoval from permanent location Permitted in restricted casesPermitted in restricted casesPermittedInformation managementRegular evaluation of classification and recipientsAt least every five years and always with due regard to obligation to offer to the Federal Archives (Art. 14)For numbered editions only: at least every five years and always with due regard to the obligation to offer to the Federal Archives (Art. 14)NoneAuthorWithdrawal and withdrawal obligationCompulsoryCompulsory if numberedNoneAuthor or confidantArchivingObligation to offer under the archiving legislation (Art. 17).author or confidantDestruction or deletion (as long as there is no deposit obligation under the archiving legislation)Destruction by author only and Permitted in restricted casesPermitted in restricted cases, in the case of numbered editions by author onlyPermitted in restricted cases23 SR 510.41322 See also detailed processing regulations for the Coordination Agency (Art. 18, para 2).