OCG

By Steph2
12345678910111213141516171819202122
In The Matter OfOCG
Exhibit A
Scroll to open

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 31 Information systems maintained by certification offices

1 Each certification office may maintain an information system and use it to process personal data to the extent necessary for the implementation of this Ordinance. 2 The information system maintained by a certification office may contain the following data: a. personal data and addresses of individuals and businesses (natural persons, legal entities and associations of individuals) who have submitted applications for certification, for whom certifications of origin have been issued or whose certifications of origin have been subject to verification; b. data regarding the area of activity of the individuals and businesses referred to in letter a; c. content of certification applications and supporting documents to be produced, as well as contents and registration numbers of certifications of origin; d. data regarding the reasons for, as well as the date and outcome of, verifications of origin; e. agreements made pursuant to Articles 20 and 21 on simplified procedures and on the electro

Art. 32 Access to information systems maintained by certification offices and data processing

Authorised staff within each certification office shall have access to the data maintained in their respective information system and may process this as part of their duties.

Art. 33 Release of data from information systems maintained by the certification offices

1 The certification offices may release data from their information systems to other certification offices for verifications conducted within the territory. 2 The certification offices shall, on request, release data from their information systems to the Origin and Textiles Section of the General Directorate for Customs and the Criminal Matters Division of the General Directorate for Customs, as well as to the Investigation Section of the Regional Directorates for Customs. 3 The release of data to domestic and foreign authorities by the FOCBS shall be governed by Articles 112 and 113 of the Customs Act.

Para. 3 — SR 631.0

Art. 34 Retention and deletion of data from information systems maintained by the certification offices

Data held in information systems maintained by the certification offices shall be retained for a minimum of five years and shall be deleted or destroyed after ten years at the latest.

Art. 35 Data protection by the FOCBS and release of data to the certification offices

1 Articles 110–113 of the Customs Act dealing with data protection apply mutatis mutandis. 2 In order to perform its duties, the FOCBS may process data from information systems maintained by the certification offices. It may release data to these in accordance with the provisions of Article 112 of the Customs Act.

Para. 1 — SR 631.0

Art. 36 International administrative assistance

1 The FOCBS may provide foreign authorities on request with administrative assistance in performing their duties with respect to certification of origin, particularly in guaranteeing the proper application of international trade and customs legislation, as well as in preventing, detecting and prosecuting violations, insofar as this is provided for by international treaty. 2 In the absence of an international treaty, the FOCBS may provide the relevant foreign authority on request with confirmation whether domestic certifications of origin are true and genuine. 3 It may seek administrative assistance from foreign authorities in relation to certification of origin. 4 Article 115 paragraphs 2–4 of the Customs Act apply mutatis mutandis. 5 The certification office concerned may be called upon by the FOCBS for the purposes of verification. It shall provide it with proof.

Para. 4 — SR 631.0

Art. 37 Verification of declarations of origin

1 The certification offices may arrange for declarations of origin that have been issued by individuals or businesses with a place of residence or registered office outside their geographical area of competence and that are being used as a preliminary document for the issue of a certificate of origin or an attestation of origin to be verified by the competent certification office or the FOCBS. 2 Article 115 paragraphs 2–4 of the Customs Act apply mutatis mutandis.

Para. 2 — SR 631.0