Federal Act of October 7, 1994, on the Central Criminal Police Offices of the Confederation and Joint Police and Customs Cooperation Centers with Other States (LOC) - Collaboration between Swiss Police Authorities (LOC)

The federal and cantonal police authorities shall assist each other and coordinate their activities.

The Confederation may, in order to fulfill its tasks, participate in cantonal organizations and operate joint structures with the cantons, particularly in the following areas: a. combating cybercrime; b. managing special or extraordinary situations and major events; c. police training; d. harmonization, acquisition, operation, and development of police intervention means, including information and communication means; e. witness protection.

The Confederation may acquire police intervention means for the cantons if it simultaneously acquires them to fulfill its own tasks, if centralized acquisition results in considerable efficiency gains for the cantons, and if the cantons consent to it. The costs are distributed proportionally between the Confederation and the cantons.

The Federal Council is responsible for concluding agreements with the cantons. The agreements shall specifically regulate the following points: a. competencies; b. organization; c. financing; d. applicable law, particularly concerning state liability, employment relations, occupational benefits, and data protection.

The agreements may authorize a body of an organization or institution to issue rules regarding the contents referred to in para. 4, letters a to d.

Joint organizations and institutions are exempt from federal, cantonal, and communal taxes concerning the services they provide to the authorities.

The Federal Council may independently conclude international treaties on police cooperation.

The Federal Office of Police (fedpol) may independently enter into agreements of an operational, technical, or administrative nature with foreign police authorities.

The Confederation manages central offices for combating organized international crime.

The central offices work in collaboration with the criminal prosecution authorities and the police services of the cantons and foreign countries.

The central offices have the following tasks: a. handle information that falls within their area of competence, whether it originates from Switzerland or a foreign country; b. coordinate investigations conducted at the intercantonal or international level; c. prepare situation reports and assess the threat level for the attention of the Federal Department of Justice and Police and the prosecution authorities; d. ensure the national and international exchange of criminal police information and participate in mutual legal assistance in response to requests from foreign countries; e. deploy liaison officers abroad; f. conduct criminal police investigations during the preparatory phase of criminal procedures, provided they fall under federal jurisdiction or if the competence of the Confederation or a canton has not yet been determined, particularly in the field of cybercrime.

The central offices procure the information necessary for the execution of the tasks defined by this law as follows: a. they exploit publicly accessible sources; b. they request information; c. they consult official documents; d. they record and exploit communications; e. they investigate the identity or whereabouts of persons; f. they exploit information obtained through observation.

To uncover and combat serious crimes and offenses, the central offices may, within the framework of criminal police investigations referred to in Art. 2a, let. f, deploy members of the police forces as agents engaged in secret investigations on the Internet and electronic media, whose true identity and function are not recognizable. In this context, agents are not permitted to use a false identity certified by a document.

The head of the Federal Criminal Police may order secret investigations under the following conditions: a. there are sufficient indications that a crime or serious offense might be committed; b. other measures taken have not been successful or the investigation, in the absence of secret searches, would have no chance of succeeding or would be excessively difficult.

If the secret investigations last more than one month, it is the responsibility of the competent coercive measures court by reason of the location to decide whether to continue or terminate the measure. Art. 65, para. 4, of the Federal Law of 19 March 2010 on the Organization of the Criminal Authorities applies by analogy regarding the compensation of the canton. Decisions of the coercive measures court can be appealed before the Federal Administrative Court. Fedpol has standing to appeal.

The required qualifications for agents involved in secret investigations are based on Art. 287 of the Criminal Procedure Code (CPC). The engagement of persons as defined in Art. 287, para. 1, let. b, CPC is prohibited. Arts. 291 to 294 CPC apply by analogy to the hierarchical relationship, tasks, and obligations of agents engaged in secret investigations and contact persons.

The head of the Federal Criminal Police immediately terminates the secret investigations in one of the following cases: a. the conditions are no longer met; b. the coercive measures court refuses to authorize the continuation of the secret investigations; c. the agent involved in secret investigations or the responsible contact person fails to follow the directives regarding the investigation or does not fulfill their obligations, notably by deliberately misleading the central offices or attempting to unlawfully influence the targeted person.

He ensures that, when the secret investigations are concluded, the agent is not exposed to unnecessary dangers.

The CPC applies as soon as concrete suspicions against a determined person arise from the secret investigations. Information obtained in the course of secret investigations may be used in criminal proceedings.

At the request of the federal prosecution authorities or at the request of the cantonal police services, fedpol may report persons, vehicles, vessels, aircraft, and containers for the purposes of covert surveillance or targeted checks in the computerized police search system referred to in Art. 15 of the Federal Act of June 13, 2008, on the Information Systems of the Confederation Police (LSIP) and in the national section of the Schengen Information System pursuant to Art. 16 LSIP.

The reporting of persons for the purposes of criminal prosecution or threat prevention is only admissible if: a. there are indications that the person concerned is preparing or committing a serious offense; b. the general assessment of a person, including notably the offenses they have already committed, suggests that they will commit a serious offense again, or c. there are indications that the person concerned poses a serious threat to public safety and order or other serious risks to internal or external security.

The reporting of vehicles, vessels, aircraft, and containers is only authorized if there are indications of a connection with a serious offense or a serious threat pursuant to paragraph 2.

Serious offenses in the sense of paragraphs 2 and 3 particularly include the offenses referred to in Art. 286, paragraph 2, CPC.

The Federal Council shall, by ordinance, regulate the procedures and extent of the information that the authorities and offices mentioned below are required to provide, in each case, to each central office: a. criminal prosecution authorities, police services, border guard and customs bodies; b. foreign police authorities and other authorities competent in matters of entry and residence of foreigners as well as in matters of granting asylum and provisional admission; c. resident controls and other public registers; d. authorities competent in matters of diplomatic and consular relations; e. other authorities competent in matters of authorization for the circulation of certain goods.

The hierarchically superior authority arbitrates disputes within the federal administration; the Complaints Chamber of the Federal Criminal Court arbitrates disputes between authorities of the Confederation and authorities of the cantons.

Liaison officers assigned to certain Swiss representations abroad or to international organizations provide support to authorities responsible for the prosecution of offenses that fall under the jurisdiction of central offices. They directly collaborate, as members of the central office and within the limits of the following provisions, with the competent authorities of the State of residence and certain third States.

Fedpol may, in agreement with the Federal Office for Customs and Border Security (FOCBS), delegate tasks of its own liaison officers to the liaison officers of FOCBS. Within the framework of tasks delegated by fedpol, FOCBS liaison officers are treated as fedpol liaison officers concerning access to information systems and the right to process data insofar as necessary to fulfill their tasks.

Liaison officers may also be involved in investigations and inquiries concerning crimes and offenses for which Switzerland can grant mutual legal assistance.

The Federal Council defines the mission of liaison officers in agreement with the State of residence.

The Federal Council is authorized to agree with the competent foreign authorities on the establishment of foreign liaison officers in Switzerland.

The central offices established based on an international treaty or another federal law are governed analogously by the first and fourth titles of this Act.

The Federal Council may regulate the modalities for the implementation of the Act by means of an ordinance.

The Confederation may participate in the establishment of joint centers for police and customs cooperation on the territory of one of the contracting States near the common border.

It coordinates the management and operation of the Swiss part of these centers.

The Federal Council may agree with the cantons on the joint organization of the centers, the execution of tasks, and the modalities of financing.

The Central Office for Combating Organized Crime is particularly responsible for uncovering criminal organizations as defined in Art. 260 ter of the Penal Code and for combating offenses committed by these organizations.

It is also tasked with identifying and fighting offenses related to economic crime over which the Office of the Attorney General of the Confederation may initiate preliminary proceedings (Art. 24 of the Code of Criminal Procedure).

In the context of mutual legal assistance procedures, it may be responsible for administering evidence in accordance with the Code of Criminal Procedure.

The criminal prosecution authorities of the Confederation and the cantons shall communicate to the central office information that allows the inference of the existence of an organization as defined in Art. 260 ter, §1, paragraph 1, of the Penal Code or the commission of one of the offenses referred to in Art. 24 of the Criminal Procedure Code, for which the Office of the Attorney General of the Confederation may initiate a preliminary investigation. They shall specifically report precise suspicions, as well as the initiation and closure of investigations related to cases involving criminal organizations or any of the offenses referred to in Art. 340 bis of the Penal Code, for which the Attorney General of the Confederation may open an investigation.

The central office shall inform the criminal prosecution authorities of the Confederation and the cantons of all facts related to the announced investigations.

The Central Office for Combating Illicit Drug Trafficking supports the authorities of the Confederation, the cantons, and other States in the prevention and combating of illicit drug trafficking.

In the context of mutual legal assistance procedures, it may be tasked with gathering evidence in accordance with the CCP.

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The cantons must promptly report to the central office any criminal prosecution initiated for the repression of an offense under the Narcotics Act of 3 October 1951.

In accordance with the duty to cooperate, the central office shall inform authorities of personal data. The Federal Council shall regulate by ordinance to which other recipients in Switzerland the central office may, on a case-by-case basis, transmit personal data related to a procedure.

The communication of personal data in the context of police cooperation with foreign law enforcement authorities is governed by Articles 349a to 349h of the Criminal Code.

The Federal Council shall regulate by ordinance: a. the procedures for data processing by central offices as well as the coordination of systems; b. the access rights granted to federal and cantonal services, and the limits of such access; c. the duration of data archiving, monitoring, and the modalities of data protection.

This Act is subject to an optional referendum.

The Federal Council shall determine the date of commencement.Date of commencement: 15 March 1995