English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 18 Issue of certifications of origin
1 Certifications of origin shall be issued on application. 2 If the applicant is a business, it must be listed in the commercial register. 3 The certificate of origin shall not be issued if the applicant fails to pay the specified charge or fails to provide any guarantee for this.
Art. 19 Submission of applications
1 Applications for the issue of certifications of origin shall be submitted to the competent certification office in paper form or electronically. 2 The applicant shall provide the certification office and, where appropriate, the FOCBS with the information necessary to allow them to review all the documentation and shall grant them access to the business premises. 3 The EAER shall regulate: a. the procedure; b. the requirements for the content of applications and the documentation to be submitted.
Art. 20 Agreements on simplified procedures
1 The certification offices may agree with individuals and businesses on simplified procedures for the issue of certifications of origin. The EAER shall regulate the details. 2 Agreements on simplified procedures shall require approval by the FOCBS.
Art. 21 Electronic certification procedure
1 The certification offices may make provision for certificates of origin to be issued electronically. 2 It must be ensured that the procedure is followed properly and that data is secure. 3 The certification offices shall enter into an agreement under Article 20 with individuals and businesses permitted to use the electronic certification procedure.
Art. 22 Examination of the application
1 The certification office shall examine whether the applicant’s data as set forth in the certificate of origin is correct. 2 If there is reason to suspect or if it is determined that provisions of this Ordinance have been infringed, the certification office shall notify the FOCBS, providing it with evidence of this. 3 The agencies, employees and representatives of the certification office shall be subject to the Government Liability Act of 14 March 1958 and the duty of confidentiality under Article 320 of the Swiss Criminal Code.
Para. 3 — SR 170.32 Para. 3 — SR 311.0
Art. 23 Verification by the certification office and the FOCBS
1 The certification office may at any time verify the information contained in a certification application or certification of origin and request information on the location and dispatch of goods, as well as samples. 2 The FOCBS may at any time order a verification by the certification office or undertake this itself. 3 The applicant shall bear the cost of the verification.
Art. 24 Certificates of origin and attestations of origin for public procurement contracts
1 If the Swiss origin of the good being supplied is a criterion for the awarding of a public procurement contract, the certification office shall issue the necessary certificates of origin and attestations of origin. These shall bear a corresponding endorsement and shall be valid for the purposes of the tender only. 2 The EAER shall regulate the procedure.
Art. 25 Issuing of declarations of origin
1 The EAER shall regulate the form and content of declarations of origin. 2 Articles 19 paragraph 2, 22 paragraphs 2 and 3 and 23 apply mutatis mutandis to suppliers who add declarations of origin.
Art. 26 Record–keeping obligations
1 The applicant shall retain the supporting documents for certification applications and also copies of declarations of origin and their supporting documents for a minimum of five years. 2 The certification offices shall retain certification applications for a minimum of five years. 3 Articles 97 and 98 of the Customs Ordinance of 1 November 2006 govern the form in which records are kept and also the organisational and security measures.
Para. 3 — SR 631.01