Precious Metals Control Ordinance (PMCO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Import
1. Permissibility
Art. 126
1 Precious metal articles, multi-metal articles, plated articles and imitations manufactured abroad may be placed on the market in Switzerland only if they comply with the provisions of the Act. 2 Watch-cases of precious metals and finished watches with such cases may not be placed on the market in Switzerland until they have been officially controlled and hallmarked. 3 This provision has effect subject to the following state treaties: a. Convention of 15 November 1972 on the Control and Marking of Articles of Precious Metals; b. Agreement of 14 February 1972 between the Swiss Confederation and the Republic of Austria on the reciprocal recognition of official hallmarks on watch-cases of precious metals; c. Exchange of Letters of 30 October 1935 between Switzerland and Spain on the hallmarking of precious metals; d. Agreement of 19 June 2018 between the Swiss Federal Council and the Government of the Republic of France on the reciprocal recognition of official hallmarks on precious meta
Art. 126 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 3 let. a — SR 0.941.31 Para. 3 let. b — SR 0.941.316.3 Para. 3 let. c — SR 0.941.333.2 Para. 3 let. d — Amended by No I of the O of 18 April 2018, in force since 1 Sept. 2021 (AS 2021 472). Para. 3 let. d — SR 0.941.334.91 Para. 3 let. d — SR 0.941.345.4 Para. 3 let. f — Inserted by No I of the O of 2 Nov. 2011, in force since 2 Aug. 2013 (AS 2013 2345). Para. 3 let. f — SR 0.941.366.5 Para. 3 l
Art. 127
Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
2. Exceptions
Art. 128
Even if they do not meet the provisions of the Act, the following articles are permitted for import: a. articles for the diplomatic corps; b. personal property transferred when moving residence and acquired by inheritance; c. personal effects; d. gifts, souvenirs, etc., addressed to private individuals by private individuals or sent on behalf of private individuals; e. articles imported as part of the tourist trade, destined exclusively for the personal use of the importer or as a gift; f. awards obtained abroad; g. staff loyalty gifts from firms.
Art. 128 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). let. e — Amended by Annex 4 No 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
3. Procedure
a. Clearance offices
Art. 129
The Directorate General of Customs shall decide on the customs offices through which articles governed by the Act may be imported.
Art. 129 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
b. Import declaration
Art. 130
1 Articles governed by the Act must be declared on import and reported to the relevant Assay Office. 2 Watch-cases and watches requiring official hallmarking must be presented to the relevant Assay Office, together with a hallmark request.
Art. 130 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
c. Clearance
Art. 131
1 The Assay Offices may conduct the necessary analytical tests when controlling articles on import. Articles 43 paragraph 6 and 91–96 are applicable. 2 If an offence is established in the course of such testing, the article shall be seized and forwarded to the Central Office for the filing of a criminal complaint. 3 If the articles do not comply with the provisions but no offence has been committed, they shall be returned on payment of the expenses incurred in the objection procedure. 4 Articles that comply with the provisions shall be released immediately and free of charge for forwarding to the recipient.
Art. 131 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 132–133
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
4. Temporary import
Art. 134
Samples of articles imported temporarily within the meaning of Article 20 paragraph 5 of the Act are not required to comply with the legal provisions. A deposit may be payable as collateral to ensure that they are subsequently exported or brought into order.
Art. 134 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
II. Export
1. Marking the article
Art. 135
1 Articles destined for export may only be given the marks that are prescribed or customary in the destination country if their composition actually matches such marks. 2 To confirm fineness marks that comply with the provisions of the destination country (Art. 21 para. 3 of the Act), the official hallmark as per Number 1 of the Annex is used.
Art. 135 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
2. Procedure
a. Customs offices
Art. 136
The Directorate General of Customs shall decide which customs offices are to be used for exporting the articles governed by the Act.
Art. 136 — Amended by Annex 4 No 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
b. Export declaration
Art. 137
The articles governed by the Act must be declared on export and reported to the relevant Assay Office.
Art. 137 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
c. Export of unstamped watch-cases
Art. 138
1 Watch-cases that are sent abroad temporarily in accordance with Article 82 paragraph 4 for assaying and hallmarking are cleared with a free-pass certificate. 2 A deposit may be payable as collateral to ensure that the articles are re-imported.
Art. 138 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
d. Clearance
Art. 139
Article 131 applies to the export control of articles governed by the Act.
Art. 139 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
III. Transit
1. Applicability of the legal provisions concernin
Art. 140
1 ... 2 Articles imported from abroad that are not placed on the open market in Switzerland and have been held under customs supervision, but which are to be forwarded unassessed to another country with Swiss transport papers, may only be released for export if they meet the applicable requirements (Art. 126–128) for import into Switzerland (Art. 22 para. 2 of the Act). 3 To determine their existence, the procedure provided for in Art. 129–132 applies correspondingly.
Para. 1 — Repealed by No I of the O of 17 Feb. 1993, with effect from 1 Apr. 1995 (AS 1993 984). Para. 2 — Amended by Annex 4 No 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
2. Treatment of articles in storage
Art. 141
1 If articles imported from abroad are stored in a open customs warehouse or in a bonded warehouse, the fineness marks, responsibility marks and stamps required for export in accordance with Article 6–9 of the Act may be applied, or an official assaying and hallmarking be arranged, while in storage. 2 The provisions of Art. 129–132 apply correspondingly.
Para. 1 — Amended by Annex 4 No 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
