OCG
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 39 Offences committed by employees or representatives of the certification offices
1 Any person who, with the intention of adversely affecting the assets or other rights of an individual or procuring an unlawful advantage for himself or another: a. and being the individual responsible for certifications of origin within a certification office, incorrectly certifies the origin, value or price of a good or the identity of an applicant; b. and being the individual responsible for verifications within a certification office or an expert entrusted by a certification office with clarifying matters, submits a false finding or report regarding facts or circumstances that are to be or have been certified in a certification of origin shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, the penalty shall be a fine of up to 20,000 francs. 3 If the offender himself corrects the false finding or report before the certification or declaration of origin has been used, punishment may be waived.
Art. 40 Offences committed by individuals who make declarations of origin
1 Any person who improperly indicates the origin, value or price of a good in a declaration of origin with the intention of adversely affecting the assets or other rights of an individual or procuring an unlawful advantage for himself or another shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, the penalty shall be a fine of up to 20,000 francs.
Art. 41 Forgery of certifications and declarations of origin
1 Any person who: a. forges or falsifies a certification or declaration of origin with the intention of using it or uses the authentic signature of a certification office or an individual or business issuing a declaration of origin to produce a false certification or declaration of origin; b. forges or falsifies the finding or report of an individual entrusted with the verification or, as an expert, with the clarification of the origin, value or price of a good or uses the authentic signature of such person to produce a false finding or report shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, the penalty shall be a fine of up to 20,000 francs.
Art. 42 Obtaining and using false certifications and declarations of origin; misrepresenting origin
1 Any person who: a. causes an individual entrusted with certifications of origin within a certification office to issue a false certification of origin or causes a supplier to include a false declaration of origin or causes an individual entrusted with the verification or, as an expert, with the clarification of the origin, value or price of a good, to issue a false finding or report; b. uses, or allows the use of, either within the territory or abroad, a certification or declaration of origin for goods to which it does not relate; c. uses, or allows the use of, either within the territory or abroad, a forged, fraudulently altered, false or revoked certification or declaration of origin; d. in any other way misrepresents, or allows the misrepresentation of, the origin of goods shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, the penalty shall be a fine of up to 20,000 francs.
Art. 43 Unlawful use of equipment
Any person who: a. produces or procures equipment to be used unlawfully for forging or fraudulently altering a certification of origin; b. unlawfully uses equipment for the certification of origin shall be liable to a custodial sentence not exceeding three years or to a monetary penalty
Art. 44 Foreign certifications of origin
1 Article 41 paragraph 1 letter a also applies to foreign certifications of origin. 2 Articles 42 paragraph 1 letter c and 43 also applies to foreign certifications of origin, if the offender uses them or allows them to be used within the territory.
Art. 45 Violations
1 Any person who: a. hinders, impedes or prevents the verification or clarification of facts or circumstances that have been or are to be certified in a certification of origin or that have been or are to be included in a declaration of origin; b. violates a provision of this Ordinance, an international treaty or other regulation of the laws on origin or an order directed at him making reference to the penalties under this Article; c. fraudulently obtains a certification of origin from a certification office that has no competence shall be liable to a fine of up to 10,000 francs. 2 If the offender acts through negligence, the punishment shall be a fine of up to 5,000 francs. 3 Referral to a criminal court under Article 285 or 286 of the Swiss Criminal Code is reserved.
Para. 3 — SR 311.0
Art. 46 Prosecution
1 Offences shall be prosecuted and judged in accordance with this Ordinance and with the Federal Act of 22 March 1974 on Administrative Criminal Law. 2 The prosecuting and judging authority shall be the FOCBS. 3 It may call on the certification offices for assistance with the investigation.
Para. 1 — SR 313.0
Art. 47 Time limit for prosecution
The time limits for prosecution shall be governed by Article 7 paragraph 3 of the Federal Act of 25 June 1982 on International Trade Measures.