Art. 37 Ordinance of November 8, 2023, on Security Checks Related to Persons (OCSP) - Transitional Provisions
Decision Summary (Facts, Holding & Outcome)
Art. 37 Ordinance of November 8, 2023, on Security Checks Related to Persons (OCSP) - Transitional Provisions The LSI and the present ordinance apply to evaluations ongoing at the time of the entry into force of this ordinance. The specialized CSP services verify in collaboration with the services requesting the check whether the conditions to be satisfied for carrying out the check are still met. Security checks related to persons conducted under the old law correspond during the transitional period referred to in Art. 90, para. 3, LSI to the levels of checks under the new law as follows: a. basic security check under the old law: basic security check under the new law; b. extended security check under the old law: extended security check under the new law; c. extended security check with hearing under the old law: extended security check under the new law. Persons with functions requiring a first check or a check corresponding to a higher level according to the new law are checked within six months. The decision-making authority determines if the person is authorized to continue engaging in sensitive activities until the decision referred to in Art. 41, para. 2, LSI is rendered. If the ongoing check reveals signs of security risk, the decision-making authority takes the necessary preventive measures. Security checks that the national transport network company received based on private law before and up to one year after the entry into force of the present ordinance remain applicable as follows within the time limits set for repetitions referred to in Art. 26 and 27: a. security checks for critical functions: as a basic security check according to this ordinance; b. security checks for extremely critical functions: as an extended security check according to this ordinance.
Art. 37 OCSP · Transitional Provisions
The LSI and the present ordinance apply to evaluations ongoing at the time of the entry into force of this ordinance. The specialized CSP services verify in collaboration with the services requesting the check whether the conditions to be satisfied for carrying out the check are still met.
Security checks related to persons conducted under the old law correspond during the transitional period referred to in Art. 90, para. 3, LSI to the levels of checks under the new law as follows: a. basic security check under the old law: basic security check under the new law; b. extended security check under the old law: extended security check under the new law; c. extended security check with hearing under the old law: extended security check under the new law.
Persons with functions requiring a first check or a check corresponding to a higher level according to the new law are checked within six months. The decision-making authority determines if the person is authorized to continue engaging in sensitive activities until the decision referred to in Art. 41, para. 2, LSI is rendered. If the ongoing check reveals signs of security risk, the decision-making authority takes the necessary preventive measures.
Security checks that the national transport network company received based on private law before and up to one year after the entry into force of the present ordinance remain applicable as follows within the time limits set for repetitions referred to in Art. 26 and 27: a. security checks for critical functions: as a basic security check according to this ordinance; b. security checks for extremely critical functions: as an extended security check according to this ordinance.