Mutual Assistance Act (IMAC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Requirements
Section 1 General
Art. 63 Principle
1 Mutual assistance within the meaning of Part Three of this Act shall comprise the transmission of information, as well as procedural acts and other official acts permitted under Swiss law provided these acts appear to be necessary for proceedings carried out abroad in criminal matters or serve to retrieve the proceeds of the offence. 2 Mutual assistance measures shall include in particular: a. the service of documents; b. obtaining evidence, and in particular searching persons and rooms, seizure, orders to produce, expert opinions, conducting hearings and confrontations of persons; c. production of documents and papers; d. handing over of objects or assets with a view to forfeiture or for restitution to the entitled person. 3 The following shall, in particular, be considered proceedings carried out in criminal matters: a. prosecution of criminal offences as provided for in Article 1 paragraph 3; b. administrative measures against an offender; c. execution of criminal judgments and pa
Para. 1 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 2 let. d — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 3 let. d — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 64 Compulsory measures
1 Measures under Article 63 which require the use of procedural compulsion may be ordered only if the description of the circumstances of the case indicates that the offence being prosecuted abroad contains the objective elements of an offence under Swiss law. The measures must be carried out in accordance with Swiss law. 2 If the offence prosecuted abroad is not an offence in Switzerland, measures under Article 63 which require the use of procedural compulsion shall be allowed for: a. the exoneration of a defendant; b. the prosecution of offences involving sexual acts with minors.
Para. 2 let. b — Amended by Annex No 16 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 2 let. b — Amended by Annex No 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).
Art. 65 Application of foreign law
1 At the express request of the foreign State: a. the statements of witnesses or experts shall be affirmed in the form prescribed by the laws of the requesting State, even if the applicable Swiss law does not provide such a form; b. forms necessary to obtain other evidence that is admissible in court may be taken into consideration. 2 Forms for obtaining and affirming evidence according to paragraph 1 must be compatible with Swiss law, and no essential prejudice may result therefrom to the persons involved. 3 A person may also refuse to testify provided the law of the requesting State so provides or if the fact of testifying may cause criminal or disciplinary sanctions to be imposed under the laws of that State or of the State where the examined person lives.
Art. 65 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 65a Presence of persons participating in proceedings abroad
1 When the requesting State, based on its law, so requests, persons who are participating in proceedings abroad may be authorised to attend mutual assistance proceedings and to have access to the files. 2 Their presence may also be permitted if it substantially helps to facilitate the execution of the request or the foreign criminal proceedings. 3 Their presence may not lead to their obtaining access to information within the scope of secrecy before the appropriate authority has decided whether, and to what extent, assistance may be granted.
Art. 65a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 66 Principle of «Ne bis in idem»
1 Assistance may be denied if the defendant resides in Switzerland and proceedings are already pending here regarding the offence to which the request relates. 2 However, assistance may be granted if the proceedings carried out abroad are not directed solely against the defendant who is residing in Switzerland, or if the execution of the request serves to exonerate him.
Art. 66 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 2 — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 67 Principle of speciality
1 Information and documents obtained through mutual assistance may not be used for investigative purposes or as evidence in the requesting State in any proceedings relating to an offence for which assistance is not admissible. 2 Any further use shall be subject to approval by the FOJ. This approval is not necessary if: a. the act to which the request relates constitutes another offence for which mutual assistance would be granted; or b. the foreign criminal proceedings are directed against other persons who have participated in committing the offence. 3 Presence at the mutual assistance proceedings and access to the files shall be permitted under the same conditions (Art. 65a para.1).
Art. 67 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 67a Spontaneous transmission of information and evidence
1 An authority prosecuting offences may, without being requested to do so, transmit to a foreign authority prosecuting offences information or evidence that it has gathered in the course of its own investigation, when it determines that this transmission may: a. permit the opening of criminal proceedings; or b. facilitate an ongoing criminal investigation. 2 The transmission as defined in paragraph 1 does not have any effect on the criminal proceedings pending in Switzerland. 3 The transmission of evidence to a State with which Switzerland does not have an international agreement shall be subject to authorisation by the FOJ. 4 Paragraphs 1 and 2 do not apply to evidence that is subject to the rules on secrecy. 5 Information that is subject to the rules on secrecy may be transmitted if it may enable the foreign State to present a request for mutual assistance. 6 A record shall be made of each spontaneous transmission.
Art. 67a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Section 2 Specific Mutual Assistance Measures
Art. 68 Service of documents. General provisions
1 Where a Swiss authority is requested to serve documents, service may be effected by personal or postal delivery to the recipient. 2 The Federal Council may permit the direct service of documents from abroad to the recipient in Switzerland. It shall determine the conditions for such service. 3 Service is presumed to be effected if acceptance or refusal to accept has been confirmed in writing.
Art. 69 Service of summonses. Safe conduct
1 There is no obligation to comply for any person who accepts a summons to appear before a foreign authority. 2 Summonses containing threats of compulsion shall not be served. 3 Service of a summons may be made subject to the condition that the recipient is guaranteed safe conduct for an appropriate period of time and will not be prevented from freely leaving the territory of the requesting State. If the recipient so requires, the authority effecting service shall ask the requesting State to give a written assurance thereof before proof of service is furnished.
Art. 70 Transfer of arrested persons
1 Persons held in custody in Switzerland may be transferred to a foreign authority for the purpose of investigations if they are guaranteed safe conduct and if it is guaranteed that they will be kept in custody and returned to Switzerland on request. 2 Persons who are not indicted abroad and Swiss citizens may be transferred only with their written consent. This is not necessary if the transfer is required for the execution of a Swiss request or for confrontation with other persons abroad.
Art. 71
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 72 Maintaining of custody
1 If a detained person is surrendered to the Swiss authorities in the course of an act of assistance, the warrant for his arrest issued abroad shall also be valid in Switzerland for the period of his stay in Switzerland. 2 During transit the defendant shall be kept in custody by virtue of the order for transit given by the FOJ. 3 In those cases the detained person may be released only with the agreement of the competent foreign authority.
Art. 73 Safe conduct in Switzerland
1 A person habitually resident abroad and who appears in Switzerland in a criminal case pursuant to a summons may neither be prosecuted nor restricted in his personal freedom for reasons that occurred prior to his entry into Switzerland. 2 The defendant shall enjoy no safe conduct regarding the offences specified in the summons. 3 The safe conduct provided for in paragraph 1 shall cease when this person leaves Switzerland but at the latest three days after he is permitted to leave by the summoning authorities.
Art. 74 Handing over of evidence
1 On request, objects, documents or assets seized as evidence as well as records and decisions shall be made available to the competent foreign authority after conclusion of the mutual assistance proceedings (Art. 80d). 2 If a third party with rights acquired in good faith, an authority, or the victim who is habitually resident in Switzerland claim that they have rights over the objects, documents or assets under paragraph 1, their handing over shall be subject to the condition that the requesting State gives the guarantee to return them free of charge after the conclusion of the proceedings. 3 Return may be delayed if the objects, documents or assets are necessary for criminal proceedings pending in Switzerland. 4 Article 60 applies to fiscal liens.
Art. 74 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 74a Handing over of objects or assets for the purpose of forfeiture or return
1 On request, objects or assets subject to a precautionary seizure may be handed over to the competent foreign authority after conclusion of the mutual assistance proceedings (Art. 80d) for the purpose of forfeiture or return to the person entitled. 2 The objects or assets referred to in paragraph 1 include: a. instruments which were used to commit the offence; b. products of or profits from the offence, their replacement value and any unlawful advantage; c. gifts and other contributions which served to instigate the offence or recompense the offender, as well as their replacement value. 3 The handing over may take place at any stage of the foreign proceedings, normally based on a final and executable decision from the requesting State. 4 However, the objects or assets may be retained in Switzerland if: a. the victim is habitually resident in Switzerland and they have to be returned to him; b. an authority asserts rights over them; c. a person not involved in the offence and whose clai
Art. 74a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 7 — SR 312.4 Para. 7 — Inserted by Annex No 2 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force since 1 August 2004 (AS 2004 3503; BBl 2002 441).
Chapter 2 Procedure
Section 1 Requests for Mutual Assistance
Art. 75 Authorisation for requesting mutual assistance
1 Requests for assistance may be submitted by authorities that are competent to investigate offences or make decisions in other proceedings to which this Act is applicable. 2 Swiss authorities may also accept requests for the execution of procedural acts from the parties authorised to make them if those acts are incumbent upon the parties under the laws of the requesting State. 3 The FOJ shall make requests for mutual assistance that is needed outside criminal proceedings.
Para. 3 — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 75a Police requests
1 The commissioners of police of the Confederation and of the cantons may make a request under Article 63 on their own behalf and may grant such requests emanating from foreign authorities. 2 The following requests are excluded: a. requests which necessitate the use of procedural compulsion; b. requests for information or measures in proceedings regarding extradition, transfer of proceedings and execution of criminal judgments; c. requests for the handing over of criminal decisions or criminal files.
Art. 75a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 76 Content and documents
In addition to the information and documents required by Article 28, the following shall be specified in or enclosed with a request: a. in requests for service: the name and address of the recipient and his position in the proceedings as well as the type of document to be served; b. with requests for transit: one of the documents listed in Article 41; c. with requests for search of persons or rooms, for seizure or handing over of objects: confirmation that these measures are permitted in the requesting State.
Art. 77 Way of transmission
1 Foreign requests shall be addressed to the appropriate cantonal authority through the intermediary of the FOJ. 2 Requests for extracts from the Register of Convictions or for determining the identity of a person shall be addressed to the FOJ.
Art. 77 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 2 — The designation of the administrative unit has been adapted according to Art. 16 para. 3 of the Publications O of 17 Nov. 2004 (AS 2004 4937).
Section 2 Treatment of the Request
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 78 Receipt and transmission
1 The FOJ shall receive foreign requests unless provision is made for direct transmission to the competent cantonal or federal executing authority. 2 The FOJ shall summarily examine whether the request meets the formal requirements of this Act and shall forward it to the appropriate executing authority unless the request clearly appears to be inadmissible. 3 If necessary, the FOJ shall return the request to the requesting State for improvement or completion. 4 Receipt and transmission of the request to the competent authority are not subject to appeal. 5 The procedural provisions of Article 18 are reserved.
Art. 79 Delegation of execution
1 If the execution of the request necessitates investigations in more than one canton or if it also concerns a federal authority, the FOJ may entrust a single authority with its execution. Articles 44–47, 52 and 53 CrimPC apply by analogy. 2 The FOJ may delegate all or part of the execution of a request to the federal authority which would be competent if the offence had been committed in Switzerland. 3 The FOJ may also entrust the execution of supplementary requests to the authority to which execution was delegated. 4 The designation of the cantonal or federal authority responsible shall not be subject to appeal.
Para. 1 — SR 312.0 Para. 1 — Second sentence Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 79a Decision of the FOJ
The FOJ may decide whether mutual assistance is permitted and delegate its execution to a cantonal authority or itself decide on the execution if: a. the execution of the request necessitates investigations in more than one canton; b. the competent cantonal authority is unable to make a decision within the appropriate time; or c. the cases are complex or particularly important.
Art. 80 Preliminary examination
1 The request shall be subject to preliminary examination by the cantonal or federal authority responsible for its execution. 2 If the request cannot be granted, the executing authority shall return it to the requesting authority by the same channel through which it was received.
Art. 80a Consideration and execution
1 The executing authority shall issue a summary ruling on whether to consider the case and shall order the mutual assistance measures permitted. 2 It shall execute the mutual assistance measures in accordance with its own procedural law.
Art. 80b Participation in the proceedings and access to the files
1 The persons entitled may participate in the proceedings and have access to the files provided this is necessary to safeguard their interests. 2 The rights provided for in paragraph 1 may be limited only: a. in the interest of the foreign proceedings; b. for the protection of an important legal interest if the requesting State so requests; c. because of the nature or urgency of the measures to be taken; d. for the protection of important private interests; e. in the interest of Swiss proceedings. 3 Access to the files or participation in the proceedings may only be denied in the case of files or procedural measures for reasons of confidentiality.
Art. 80c Simplified execution
1 The persons entitled, and in particular the holders of documents, information or assets may consent to handing them over without formality at any time prior to the conclusion of the proceedings. Consent is irrevocable. 2 If all the persons entitled give their consent, the competent authority shall make a written record thereof and conclude the proceedings. 3 If only some of the documents, information or assets required are handed over, the ordinary proceedings shall be followed for the remaining part.
Art. 80d Conclusion of the mutual assistance proceedings
When the executing authority determines that the request is completely or partially executed, it shall issue a ruling giving reasons on whether mutual assistance is granted and to what extent.
Art. 80dbis Early transmission of information and evidence
1 The competent cantonal or federal authority may by way of exception order the early transmission of information or evidence gathered before the final ruling is issued: a. if foreign investigations in cases relating to organised crime or terrorism would be made disproportionately difficult without this mutual assistance measure, in particular where there is a risk of collusion or in order to safeguard the confidentiality of the proceedings; or b. in order to avert a serious and immediate danger, and in particular the commission of a terrorist offence. 2 The information or evidence concerned must be connected with the prevention or the prosecution of an extraditable criminal offence. 3 Early transmission may be ordered with or without a request being received. If it is ordered in the absence of a request, the competent cantonal or federal authority shall transmit only the non-personal data required to assess the position, subject to receiving the undertakings specified in paragraph 4.
Art. 80dbis — Inserted by Annex No II 5 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
Section 2a Joint Investigation Team
Inserted by Annex No II 5 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
Art. 80dter Appointment of a joint investigation team
1 The cantonal or federal mutual assistance authority may for a specific purpose and in consultation with the competent foreign judicial authority appoint a joint investigation team (JIT) to conduct or support the conduct of a criminal investigation in a state participating in the JIT. 2 A JIT may in particular be appointed in a difficult or complex criminal investigation that involves one or more other states and which requires considerable resources as well as coordinated and concerted action. 3 It may only be appointed if a request for mutual assistance has been submitted by a judicial authority. 4 The JIT must be appointed for a limited duration. The appointment may be extended as required. 5 The competent authority shall designate the persons responsible and the members of the JIT for its state. The JIT may call on the services of experts and auxiliary personnel as required. 6 Notice of the act of appointment shall be given to the FOJ in writing.
Art. 80dquater Applicable law
The JIT’s activities are governed by the law of the state in which the investigation is conducted.
Art. 80dquinquies Accountability
The representative of the criminal or mutual assistance authority in whose state an investigative measure is carried out is responsible for that investigative measure.
Art. 80dsexies Status in relation to criminal and civil liability
The foreign person responsible and the foreign members of the JIT, as well as the foreign experts and auxiliary personnel under Article 80dter paragraph 5 are deemed equivalent to the Swiss person responsible and the Swiss members of the JIT during an operation on Swiss national territory in relation to any offences committed against them or that they themselves commit. They are also deemed equivalent to them in relation to any injury, loss or damage that they cause during their operation.
Art. 80dsepties Access to documents, information and evidence
1 The persons responsible and members of the JIT shall have access to: a. documents and information that are related to the relevant criminal investigation; b. evidence that has been gathered in the course of the relevant criminal investigation. 2 They shall be denied access to documents, information and evidence if a decision to that effect has been taken by a person responsible for the JIT or by a criminal or mutual assistance authority. The foregoing also applies if the documents, information or evidence were obtained before the JIT was appointed. 3 The experts and auxiliary personnel under Article 80dter paragraph 5 shall have access only to documents, information and evidence that are required for them to fulfil the tasks assigned to them.
Art. 80docties Early transmission
The early transmission of documents, information and evidence that are to located on Swiss sovereign territory is governed by Article 80dbis.
Art. 80dnovies Confidentiality and data protection
1 The confidentiality of the information, including the confidentiality of the investigation, must be preserved. 2 The protection of personal data is governed by the law of the state in which the investigative measure is carried out.
Art. 80ddecies Dealings with the media
If the bodies normally competent to do so in the judicial authorities concerned intend to issue a press release, the Swiss criminal or mutual assistance authority and its foreign partner authority shall discuss the content beforehand.
Art. 80dundecies Costs
1 The costs of the investigative activities shall be borne by the state in which the act concerned is carried out. 2 The costs related to time spent in the other country, travel and accommodation for the persons responsible and the other members of the JIT shall be borne by their own country. 3 The rooms and the technical resources required to conduct the investigative activities, such as office space, communication media or special equipment, shall be provided by the state in which the activity concerned is carried out.
Art. 80dduodecies Act of appointment
1 The act of appointment must include the following information: a. the purpose of the JIT; b. the names of the Swiss and the foreign criminal or mutual assistance authorities; c. the names of the persons responsible for each state participating in the JIT and the names of the other members of the JIT and their functions; d. the criminal investigation, including the factual circumstances, that is the subject matter of the criminal investigation, and the offences under investigation; e. the states on whose territory the JIT will conduct investigations in accordance with the relevant national law; f. the duration for which the JIT is appointed, with the date on which this period ends; g. the names of any experts and auxiliary personnel who are not members of the JIT, in particular of those who come from other services or administrative units in the participating states, as well as the names of any experts and auxiliary personnel from Eurojust and Europol; h. the procedure for dealings wi
Section 3 Appeal
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 80e Appeal against the ruling of the executing authority
1 The ruling of the executing cantonal or federal authority on the conclusion of the mutual assistance proceedings together with the preceding interim rulings shall be subject to appeal to the Appeals Chamber of the Federal Criminal Court. 2 Interim rulings preceding the final ruling may be appealed against separately provided that they cause immediate and irreparable prejudice through: a. the seizure of assets or valuables; or b. the presence of persons involved in the foreign proceedings. 3 Article 80l paragraphs 2 and 3 applies by analogy.
Art. 80e — Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 80f and 80g
Repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 80h Right of appeal
The following shall be entitled to appeal: a. the FOJ; b. any person who is personally and directly affected by a mutual assistance measure and has a legitimate interest in that measure being annulled or modified.
Art. 80i Reasons for appeal
1 The appeal may be filed to challenge: a. a violation of federal law, including excessive use or abuse of discretion; b. the inadmissible or manifestly incorrect application of foreign law in the cases under Article 65. 2 ...
Para. 2 — Repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 80k Deadline for appeal
The deadline for appeal against the final ruling shall be 30 days, or ten days in the case of an interim ruling, from the written communication of the ruling.
Art. 80l Suspensive effect
1 Only appeals against the final ruling or any other ruling authorising the transmission of classified information or the handing over of objects or assets to a foreign State shall have suspensive effect. 2 An interim ruling preceding the final ruling may be executed immediately. 3 The Appeals Chamber of the Federal Criminal Court may grant suspensive effect to an interim ruling in accordance with paragraph 2 if the person entitled shows probable cause that immediate and irreparable prejudice as defined in Article 80e, paragraph 2 may result.
Para. 1 — Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Para. 3 — Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Section 4 Special Provisions
Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 80m Notification of rulings
1 The executing authority and the appellate authority shall give notice of their rulings to: a. the entitled person living in Switzerland; b. the entitled person living abroad and with an address for service of documents in Switzerland. 2 The right to notification shall end when the ruling concluding the mutual assistance proceedings becomes legally enforceable.
Art. 80n Right to inform
1 Holders of documents have the right to inform their clients of the existence of the request and of all the facts relating thereto unless the competent authority has, as an exception, expressly prohibited this and made reference to Article 292 of the Swiss Criminal Code and the penalties that it carries. 2 The person entitled who intervenes in pending proceedings may no longer challenge rulings that have become legally enforceable.
Para. 1 — SR 311.0
Art. 80o Inquiry addressed to the requesting State
1 If additional information is necessary, the executing or the appellate authority shall request the FOJ to obtain it from the requesting State. 2 If necessary, the competent authority shall suspend dealing with all or part of the request and rule on the points that may be dealt with based on the documents available. 3 The FOJ shall give the requesting State an appropriate deadline by which to respond. If the deadline given is not respected, the request for mutual assistance shall be examined based on the documents available.
Art. 80p Conditions subject to acceptance
1 The executing and the appellate authority as well as the FOJ may make the granting of mutual assistance wholly or partly subject to certain conditions. 2 The FOJ shall communicate the conditions to the requesting State when the ruling on the granting and the extent of the mutual assistance is final and shall give it an appropriate deadline by which to accept or refuse. If the deadline given is not respected, mutual assistance may be granted on the points that are not subject to conditions. 3 The FOJ shall examine if the response of the requesting State satisfies the conditions set. 4 The ruling of the FOJ is subject to an appeal to the Appeals Chamber of the Federal Criminal Court within ten days of its notice being given in writing. The decision of the Appeals Chamber is final.
Para. 4 — Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 80q Costs
The requesting State shall be charged for: a. the remuneration of experts; b. the return of objects or assets for the purpose of restitution to the person entitled.
Art. 81–84
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).