Cultural Property Transfer Ordinance (CPTO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
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. fragments of historical monuments and findings from excavation sites; c. ethnological cultural property, specifically those items used in sacral or profane rituals.
Para. 3 let. b — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634). Para. 3 let. c — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).
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. 3 It is not necessary to establish identity again if the documents used to establish identity are still up to date.
Para. 2 — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634). Para. 3 — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).
Art. 18 Declaration in relation to the right of disposal
(Art. 15 para. 1 and 16 para. 2 let. a CPTA) The seller or supplier if applicable must sign a declaration that confirms their right of disposal over the cultural property and which identifies the owner of the cultural property.
Art. 18 — Amended by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).
Art. 18a Information to customers about existing import and export regulations of contracting states
(Art. 16 para. 2 let. b CPTA) Customers must be informed in writing and must confirm this by signing the relevant document.
Art. 18a — Inserted by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).
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 description of the cultural property; abis. suitably detailed photographs 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; dbis. the document signed by the customer in accordance with Article 18a; 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.
Para. 1 let. abis — Inserted by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634). Para. 1 let. dbis — Inserted by No I of the O of 15 Oct. 2025, in force since 1 Jan. 2026 (AS 2025 634).
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 1968 on Administrative Procedure.
Para. 3 — SR 172.021
Art. 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.