Federal Act on the Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency Situations*

Transcription

1 Federal Act on the Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency Situations* PCPA of 20 June 2014 (as at 1 January 2015) The Federal Assembly of the Swiss Confederation, pursuant to Art. 61, paras. 1 and 2 of the Federal Constitution 1, in execution of the Hague Convention of 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict 2 ("Convention"), in execution of the Regulations of 14 May 1954 for the Execution of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 3 ("Regulations"), in execution of the Protocol of 14 May 1954 to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict ("First Protocol") 4, in execution of the Second Protocol of 26 March 1999 to the Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict 5 ("Second Protocol"), and having examined the Dispatch of the Federal Council dated 13 November , decrees: Section 1 General provisions Art. 1 Object The present Act determines: a. measures to be taken to protect cultural property in the event of armed conflict, disaster or emergency situations; b. the responsibilities of the Confederation and the cantons, as well as how they are to cooperate on the protection of cultural property in the event of armed conflict, disaster or emergency situations. Art. 2 Definitions The following definitions shall apply within the meaning of the present Act: a. cultural property: property, buildings and centres pursuant to Art. 1 of the Convention; AS * Personal pronouns refer equally to men and women. 1 SR SR 0. 3 SR SR SR BBl

2 Civil protection and civil defence b. shelters for cultural property: secure depositories intended to shelter the most significant objects from collections and archives of cultural property of national importance; c. safe havens: secure premises provided by the Confederation for the temporary fiduciary custody of moveable cultural property which forms part of the cultural heritage of a given state, and which is under serious threat in the territory of the state possessing or holding such property. Section 2 Responsibilities and collaboration with regard to the protection of cultural property Art. 3 Role of the Confederation 1 The Confederation shall prepare and execute measures to protect cultural property that is owned by or has been assigned to the Confederation. It may coordinate preparatory measures in the national interest. 2 It shall maintain a network of national and international contacts in the field of protection for cultural property. 3 It may set out measures to protect cultural property, the conservation of which is of interest to Switzerland as a state, in addition to mandatory measures permitting the execution of the Convention and the Second Protocol. 4 It may support the cantons in drawing up back-up documents and back-up copies of photographs. 5 The Federal Council shall determine how cultural property is classified into categories, and shall set the applicable criteria. Art. 4 Role of the Federal Office for Civil Protection The Federal Office for Civil Protection (FOCP) shall fulfil the following responsibilities with regard to the safeguarding of cultural property: a. advising and supporting the federal authorities with regard to the protection of cultural property, and coordinating the relevant work; b. advising the cantonal authorities with regard to the protection of cultural property, and supporting them with preparing and executing measures in accordance with their powers c. providing information and advice to third parties with regard to the protection of cultural property; d. keeping an inventory of cultural property of national and regional importance (the "PCP (Protection of Cultural Property) Inventory"), submitting it to the Federal Council for approval, and publishing it; 2

3 Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency Situations FA e. managing the geographical information system for the protection of cultural property, in accordance with the legislation on geoinformation 7 ; f. coordinating action related to requests for special protection (Art. 7) and enhanced protection (Art. 8). g. providing training to civil protection bodies responsible for protecting cultural property; h. it may provide training on the protection of cultural property to staff of cultural institutions; the Federal Council may lay down minimum requirements for such training. Art. 5 Role of the cantons 1 Each canton shall designate an authority with responsibility for safeguarding cultural property. 2 The cantons shall identify the cultural property located within their territory that they must protect in the event of armed conflict, disaster or emergency situations. The owners of cultural property that belongs to neither the Confederation nor the cantons shall be notified of its designation as cultural property, and about the preparation and execution of measures to protect said cultural property. 3 The cantons shall produce back-up documents and back-up copies of photographs for cultural property on their territory that is particularly worthy of protection. 4 They shall plan emergency measures to be taken in the event of fire, structural collapse, flooding, earthquake, mudslides, or other specific risks. 5 They shall train specialists within the civil protection organisation in the protection of cultural property. 6 They may provide shelters for cultural property. 7 They may provide training on the protection of cultural property to staff of cultural institutions. Section 3 Measures to protect cultural property Art. 6 1 The protection of cultural property comprises both the safeguarding of and respect for cultural property pursuant to Arts. 5 and 6 of the Second Protocol. 2 The competent authorities shall take all such civil measures, both practical and organisational, that may be appropriate to prevent or mitigate any damage to cultural property as the result of an armed conflict, disaster or emergency situation. 7 SR , ,

4 Civil protection and civil defence Section 4 Categories of protection Art. 7 Special protection 1 In cooperation with the canton concerned, pursuant to Arts. 8 to 11 of the Convention the Federal Council may submit a request to UNESCO for special protection for cultural property of national importance. 2 In agreement with the Federal Department of Home Affairs, the Federal Department of Defence, Civil Protection and Sport will propose to the Federal Council that such a request be submitted. Art. 8 Enhanced protection 1 In cooperation with the canton concerned, pursuant to Arts. 10 to 14 of the Second Protocol the Federal Council may submit a request to UNESCO for enhanced protection for cultural property of national importance. 2 In agreement with the Federal Department of Home Affairs, the Federal Department of Defence, Civil Protection and Sport will propose to the Federal Council that such a request be submitted. Section 5 Distinctive emblem for cultural property Art. 9 Distinctive emblem 1 The distinctive emblem of the Convention takes the form of a shield, pointed below, persaltire in royal blue and white (a shield consisting of a royal blue square, one of the angles of which forms the point of the shield, and of a royal blue triangle above the square, the space on either side being taken up by a white triangle). 2 The Federal Council shall determine the technical requirements that apply to the manufacture of the distinctive emblem. 4

5 Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency Situations FA Art. 10 Use of the distinctive emblem 1 Cultural property of national importance is indicated by a single shield. 2 Cultural property that is under special protection is indicated by three shields arranged as follows: 3 Cultural property that is under enhanced protection is indicated by at least one shield. 4 Use of the distinctive emblem is otherwise governed by Art. 17 of the Convention. Art. 11 Marking of cultural property 1 The distinctive emblem is affixed by order of the Federal Council should the armed forces be mobilised or the civil protection organisation readied for action in view of an armed conflict. 2 The cantons may affix the distinctive emblem on cultural property of national importance located in their territory in peacetime. Section 6 Safe havens Art Where cultural property is under threat as the result of armed conflict, disasters or emergency situations, the Confederation may provide a safe haven in the sense of Art. 2c above, if the fiduciary custody of that cultural property occurs under the auspices of UNESCO. 2 The Federal Council may conclude international treaties to this end. These treaties shall govern: a. the arrangements and conditions for the transport of cultural property; b. the protection, conservation and maintenance of cultural property; c. access to cultural property d. the arrangements and conditions for the exhibition and study of cultural property; e. the duration for which cultural property is to be held in safe custody; f. the arrangements and conditions for the repatriation of cultural property; 5

6 Civil protection and civil defence g. the assumption of the costs of transport, insurance, safe custody and conservation for the cultural property; h. insurance for the cultural property; i. responsibility with respect to the cultural property; j. applicable law; k. the competent court. 3 Third parties may not assert any rights from the fact that the cultural property is located in Switzerland. Section 7 Financing Art. 13 Assumption of expenses The Confederation shall assume: a. expenses associated with the fulfilment of its responsibilities, as set out in Arts. 3 and 4; b. expenses incurred in its capacity as a protecting power, in its participation in the international supervision of the transport of cultural property, and in its fulfilment of its international control functions pursuant to the Convention; c. remuneration and expenses for the Commissioner-General for Cultural Property, experts and delegates of protecting powers pursuant to Art. 10 of the Regulations. Art. 14 Financial support for protection measures 1 As part of allocated credits, the Confederation may award grants of a maximum of 20 % of the expenses incurred in creating back-up documents and back-up copies of photographs, pursuant to Art. 5 para. 3, if such measures are essential to safeguarding cultural heritage and result in extraordinarily high costs. 2 It does not contribute to maintenance costs of any nature, or to the costs of updating the back-up documents and photograph copies. Art. 15 Procedure 1 The Confederation does not award grants unless the remainder of the funding is guaranteed. 2 The probable financial benefits associated with executing protection measures are taken into account when determining the amount of the grant. 3 Should the FOCP reduce the amount of a grant when approving the application, reject the application or reduce the grant amount when the accounts are audited, it must provide reasons for its decision. An appeal against this decision may be lodged within 30 days of notification. 6

7 Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency Situations FA 4 The Federal Council shall determine the terms under which grants are awarded, refused and reduced, as well as the arrangements for payment. Section 8 Criminal provisions Art. 16 Improper use of the distinctive emblem Anyone intentionally and unlawfully using the distinctive emblem, the "Blue Shield" designation or any other emblem or designation which might be confused with the same to gain protection under public international law or any other benefit shall be punished by a maximum of three years' imprisonment, or a monetary penalty. Art. 17 Improper use of the distinctive emblem for commercial purposes 1 Anyone intentionally and unlawfully featuring the distinctive emblem, the "Blue Shield" designation or any other emblem or designation which might be confused with the same on signs, business papers, merchandise or its packaging, or selling, offering for sale or otherwise distributing merchandise that is so marked, shall be punished with a fine. 2 Should the perpetrator have acted negligently, the penalty shall be a fine of a maximum of CHF 5,000. Art. 18 Obstruction of and opposition to the execution of protection measures 1 Anyone obstructing or preventing the execution of measures ordered by the FOCP or unlawfully removing or rendering unrecognisable shields marking protected cultural property shall be punished by a maximum of three years' imprisonment or a monetary penalty. 2 Should the perpetrator have acted negligently, the penalty shall be a maximum of 180 days under the day fine system. Art. 19 Criminal prosecution under other legislation Criminal prosecution under other legislation remains reserved. Art. 20 Criminal prosecution The cantons are responsible for prosecuting and ruling on violations of the present Act. 7

8 Civil protection and civil defence Section 9 Final provisions Art. 21 Implementation 1 The Federal Council shall issue implementing provisions. 2 Unless conferred upon federal authorities under the present Act, responsibility for execution lies with the cantons. Art. 22 Repeal of other legislation The Federal Act of 6 October 1966 on the Protection of Cultural Property during Armed Conflicts 8 is repealed. Art Amendment of other legislation Art. 24 Referendum and entry into force 1 The present Act is subject to referendum. 2 The Federal Council shall determine the date on which it enters into force. Date of entry into force: 1 January [AS , app. title 11, title II 9, title II 24, title II 2] 9 The amendment can be found at AS Federal Council Decree of 20 June