Cultural Property Transfer Ordinance (CPTO)

By Steph3
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In The Matter OfCultural Property Transfer Ordinance (CPTO)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

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 State Secretariat 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.

Para. 2 — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).

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, and b. conduct their activity based on the deontological rules of the museum profession, for example, the ICOM Code of Ethics for Museums of 4 November 1986 (amended on 6 July 2001 and revised in October 2004), in particular with regard to its purchasing and exhibition policies.

Para. 2 let. b — International Council of Museums Para. 2 let. b — 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 appropriate 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.

let. b — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).

Art. 15 Order of priorities

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 applications that takes account of the current risk to the cultural property in particular.

Art. 15 — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).