Treaty between the Swiss Confederation and the Federal Republic of Germany on the Inclusion of the Municipality of Büsingen am Hochrhein in the Swiss Customs Territory

1. The territory of the municipality of Büsingen am Hochrhein, hereinafter referred to as "Büsingen," which is surrounded by Switzerland and remains excluded from the German customs territory, shall, without prejudice to its political affiliation with the Federal Republic of Germany, be integrated into the Swiss customs territory.

1. Upon signing the treaty concluded today between the Swiss Confederation and the Federal Republic of Germany regarding the inclusion of the municipality of Büsingen am Hochrhein into the Swiss customs territory, the undersigned plenipotentiaries have made the following congruent declarations, which form an integral part of the treaty

1. It is agreed that within the framework of this contract, the following terms shall be understood as meaning

a) "Authorities": Authorities and offices of public administration and justice, as well as organizations outside of public administration, insofar as they are entrusted with public-law tasks

b) "Officials": Persons, insofar as they are entrusted with exercising a public office in administration or justice

c) Authorities or officials "of a Contracting State": the authorities or officials of both the federal government and the states or cantons, districts, counties, and municipalities as well as the organizations mentioned in item a located in a Contracting State and their members

a) If measures in the field of forestry plant protection become necessary, the competent Swiss and German authorities shall immediately and directly communicate with each other regarding the measures to be taken and coordinate these measures.

b) If immediate action is essential to avert an imminent danger, the competent Swiss authorities may, after informing the competent German authorities, also order the necessary control measures for Büsingen.

1. A concession for the operation of a casino in Büsingen shall not be granted.

1. This provision does not exclude the German state protection regulations and their application by the German authorities. If the propaganda material is directed exclusively against the Swiss Confederation, only the Swiss authorities shall act.

1. Regarding the enforcement against objects over which there is no customs lien, a list of the certifying Swiss authorities shall be delivered upon the entry into force of this agreement.

1. The disposal for personal reasons is equated with the realization through compulsory enforcement or bankruptcy.

a) A predominant economic interest within the meaning of Article c of paragraphs 1 and 2 is particularly assumed when

1. In partnerships or cooperatives, members of the privileged group according to Art. 19 constitute the majority of members.

2. In corporations, the majority of the capital shares belong to members of the privileged group according to Art. 19.

3. However, a predominant economic interest cannot be assumed if a controlling influence is exercised over an association falling under sections aa or bb by persons who do not belong to the privileged group according to Art. 19.

b) There is an understanding that the words: "... under the conditions applicable to Swiss nationals ..." (par. 1 lit. a) and the words "... under the conditions applicable to Germans ..." (par. 2 lit. a) do not refer to regulations concerning admission, but only to regulations concerning the exercise of self-employed professional activity.

a) The Federal Department of Foreign Affairs shall, upon the entry into force of this treaty, transmit to the Foreign Office, for the purpose of notification, a list of the legal provisions applicable in Büsingen under this treaty, which will apply in Büsingen from the entry into force of this treaty. Corresponding notifications regarding Swiss legal provisions entering into force at a later date shall be made in the same manner.

b) The Federal Department of Foreign Affairs shall, upon request, at any time provide the municipality of Büsingen am Hochrhein with information on whether a specific federal or cantonal enactment is applicable in Büsingen.

a) Epidemic Control: The reports required to be submitted under the German regulations must also be communicated by the persons obligated to report to the competent authorities in Schaffhausen. Swiss doctors treating in Büsingen are required to send a duplicate of their reports to the State Health Office in Konstanz.

b) * ...

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a) Subject to the items listed in Art. 2 para. 1, the legal regulations applicable in the Federal Republic of Germany concerning the control of war weapons shall apply in Büsingen.

b) It will not be permitted to manufacture gunpowder and explosives, which fall under the War Weapons Control Act, in Büsingen unless the Federal Department of Foreign Affairs declares that there are no objections to granting the permission.

1. In the event that in one of the two Contracting States the tax burden is altered by legislative measures, resulting in a distortion of competitive conditions between Büsingen and Switzerland, leading to significant economic disadvantages for one or the other of these two areas, or in the event that the status of Büsingen is misused for tax evasion, the governments of the Contracting States agree to enter into negotiations on how these disadvantages or the possibility of such tax evasion can be eliminated. This does not apply to taxes mentioned in Article 2 of this agreement or in the currently applicable agreement between the Contracting States for the avoidance of double taxation.

1. In Büsingen, unless specific provisions are stated below, the Swiss (federal and cantonal) legal and administrative regulations apply to the following subjects

a) Customs

b) Import, export, and transit of goods

c) In the field of agriculture

1. Grain industry

2. Preservation of crop cultivation and adaptation of agricultural production to sales opportunities, with the exception of plant breeding, seed production, and sugar beets

3. Animal breeding

4. Marketing, procurement, and pricing of agricultural products, as well as other benefits

5. Milk and dairy products

6. Poultry keeping and egg industry

7. Fertilizers and feed, seeds, plant protection products and weed control agents, as well as other agricultural aids

8. Agricultural plant protection, excluding state cost-sharing in connection with hail and other elemental damage

9. Forest seeds and forestry plants

10. Potato utilization

11. Control of animal diseases

12. Fuel subsidies for agriculture

13. * Agricultural statistics

d) In the field of health care

1. Border health service

2. Transport of corpses, except those within a municipality

3. Pharmaceutical affairs and traffic with medicinal products

4. Serums and vaccines

5. Arsenic derivatives

6. Traffic with poisons

7. Narcotics affairs

8. Foodstuffs and consumer goods

9. Absinthe and anise-flavored beverages

10. Artificial wine and artificial must

e) Economic war preparedness and war economy (supply of the civilian population in case of emergency)

f) Technical control of products from the watch industry

g) * Value-added tax

h) Fiscal burden on tobacco

i) Taxes on beer and other beverages, insofar as the federation is responsible for legislation in both contractual states

k) Distilled spirits (brandy)

l) * Taxes on petroleum, other mineral oils, natural gas, and the products obtained during their processing, as well as fuels from other raw materials, along with a new item

m) * Import, delivery, and personal use of automobiles according to the Swiss Automobile Tax Law

n) * Control of traffic with precious metals and products made of precious metals

o) * Statistics on cross-border trade in goods

p) * Dangerous propaganda material

q) * Production of coins (including gold coins) that are identical or similar in embossment, weight, or size to Swiss coins

1.1 The legal and administrative provisions applicable in the Federal Republic of Germany for these subjects do not apply in Büsingen.

2. Insofar as Swiss law applies according to paragraph 1 and nothing different is determined below, Büsingen is treated the same as the Schaffhausen region, and the municipality of Büsingen am Hochrhein is granted the same legal status as a municipality of the Canton of Schaffhausen.

3. To the extent that the application of the Swiss legal and administrative regulations declared applicable in paragraph 1, or the granting of authorizations, is dependent on legal prerequisites that cannot be fulfilled by the inhabitants of Büsingen, these prerequisites are considered fulfilled if they exist or are not required according to German legal regulations.

4. As far as Swiss law applies according to paragraph 1 and nothing different is specified below, it is executed by Swiss authorities. Persons affected by the Swiss legal and administrative regulations applicable in Büsingen or by the execution of such regulations are equal to the Swiss residents of the rest of the Swiss customs territory concerning legal remedies and legal protection instances.

1. Swiss Municipalities in which Germans residing and staying in Büsingen receive alien police, labor, and trade privileges in accordance with this treaty

a) Canton of Schaffhausen: all municipalities

b) Canton of Thurgau: all municipalities

c) Canton of Zurich: all municipalities with the exception of the municipalities in the districts of Horgen and Affoltern

1. Claims made by Swiss authorities based on the regulations mentioned in Art. 2 para. 1 against residents of Büsingen shall, upon request of the competent Swiss authority, be enforced by the German tax office responsible for Büsingen according to the German regulations applicable to the enforcement of tax claims.

2. The basis for enforcement against assets that are not subject to a customs lien is the legally binding and enforceable decision of the competent Swiss authority. The decision must certify the jurisdiction of the deciding authority, legal force, and enforceability by the Swiss authority designated pursuant to the final protocol.

3. The Swiss decision is not subject to substantive review by the German authorities. However, if they ascertain that the decision contains obvious inaccuracies, they may return the decision to the Swiss authority. The Swiss authority shall make a final and binding decision on the correction.

4. Objections by the enforcement debtor against the claim, the fulfillment of which is to be enforced, must be pursued outside the compulsory execution proceedings before the competent Swiss authority. The compulsory enforcement is not delayed thereby, unless the Swiss authority requests a suspension.

5. The claims of Swiss authorities mentioned in para. 1 are treated equally to corresponding claims of German authorities in compulsory execution and in bankruptcy.

6. If a resident of Büsingen possesses assets in Switzerland, the Swiss authority may also undertake enforcement (debt collection) against him in Switzerland under Swiss law for claims pursuant to para. 1. In this case, the city of Schaffhausen is regarded as the place of enforcement.

1. If an item, on which there is a Swiss customs lien, is to be removed from the holder without their consent, the executing Swiss customs officer must involve a German customs officer, who is tasked with ensuring that the measure does not deviate from its intended purpose.

**1. The following goods transported from the German customs territory to Büsingen and brought back from Büsingen into the German customs territory, which originate from the free German market, are exempt from Swiss import and export duties including value added tax, as well as from economic import and export bans and restrictions:**

1. Goods required by German federal, state, and district authorities to fulfill their public duties in Büsingen, excluding food, luxury goods, beverages, and animal feed.

2. Official forms (forms), legal gazettes, and literature required by the municipality of Büsingen am Hochrhein to fulfill its public duties.

3. Teaching and learning materials for public schools, to the extent that their specific type is prescribed by German school authorities.

4. Other goods that the municipality of Büsingen am Hochrhein requires to fulfill its public duties, provided it receives a subsidy for these goods from a German public-law corporation outside Büsingen or must procure these goods within the German customs territory as directed by its competent supervisory authority.

**2. Exempt from Swiss import duties and economic import bans and restrictions are goods transported by German authorities or bailiffs from Büsingen to the German customs territory for the purpose of a pledge sale and brought back unsold to Büsingen. Any paid Swiss export duties will be refunded. The fulfillment of the conditions must be proven by official certification.**

1. The competent Swiss authority grants the milk sales permit for Büsingen without consideration of the necessity question.

1. The establishment of new poultry farms and poultry operations with 150 or more mature animals or the expansion of such poultry farms and poultry operations requires approval by the competent Swiss authority. Approval may only be refused or conditioned for reasons of general welfare, particularly if the establishment or expansion would endanger the Swiss market.

1. The quantity considered for acceptance according to the provisions of the Swiss alcohol legislation concerning potato utilization is limited in the sense that no more potatoes from Büsingen are to be included in the surplus utilization than corresponds to deliveries from municipalities in the Canton of Schaffhausen with similar production conditions. The competent Swiss authorities are authorized to set a corresponding maximum quantity.

1. The granting of permits for the manufacture of medicinal products, including sera and vaccines, outside of pharmacies is governed solely by German law. With regard to the retail of medicinal products outside of pharmacies, German law applies insofar as it contains stricter provisions.

1. Persons authorized to practice their profession in Büsingen under German law are to be treated as equivalent to persons authorized under Swiss law concerning the application of Swiss narcotics legislation.

1. Residents of Büsingen, who are proprietors of materials, receive the spirits produced on their behalf by a licensed distiller in Switzerland, at their disposal, after paying the tax set by the Swiss alcohol administration.

2. A producer who operates an agricultural enterprise as a farmer and distills exclusively homegrown or self-collected wild produce is granted a tax-free personal allowance of ten liters (twenty liters for larger enterprises) of spirits for household and agricultural use, which is deducted when determining the tax.

3. In Büsingen, the functions of local distillery supervision offices are carried out by the distillery supervision office of the city of Schaffhausen.

1. Persons residing in Switzerland are not entitled to acquire weapons in Büsingen for which a firearms acquisition permit is required, even if they possess such a permit. Such weapons may not be transferred to them.

1. A permit for the manufacture of powder and explosives not subject to the War Weapons Control Act only authorizes the production of these products for local demand in Büsingen. A permit for the distribution of these products only authorizes their provision for use in Büsingen.

1. An infringement in the areas listed in Art. 2 para. 1 shall also be assessed under Swiss law if the applicable criminal offense is provided for in the Swiss Criminal Code; it is punishable only under Swiss law, even if it simultaneously constitutes a criminal act under the German Criminal Code.

2. For the purpose of forming combined sentences, Swiss and German decisions are considered equivalent. Swiss authorities execute sentences imposed by Swiss courts, and German authorities execute sentences imposed by German courts. However, in the state where enforcement is last carried out, only the remaining sentence resulting from the combined sentencing decision may be executed; a conditionally released or conditionally suspended sentence is equivalent to an executed sentence to that extent.

1. For criminal prosecution actions to be carried out by Swiss authorities in Büsingen, the following special provisions apply

a) A person arrested on suspicion of a criminal offense must be brought before the judge responsible for issuing arrest warrants in Schaffhausen no later than the day after the arrest. The judge must inform the detainee of the reasons for the arrest, conduct an interrogation, allow the detainee the opportunity to make objections, and then immediately issue a written arrest warrant with reasons or order the release. According to the Code of Criminal Procedure for the Canton of Schaffhausen, an appeal can be made to the High Court against the arrest or the refusal of release. A family member or a person of trust of the detainee must be promptly notified of any judicial decision regarding the ordering or continuation of detention. The arrest of a German national must be reported to the District Office of Konstanz within 24 hours.

b) A search of a residence may only be ordered by a judge competent under Schaffhausen law; if there is immediate danger, the competent officials may search a residence without a judicial order. A German officer must be involved in every search of a residence to ensure that the measure remains within its intended scope.

c) If the investigation is not conducted by a judicial authority, the investigating officer may only inspect papers and business books if he has a special statutory right of inspection or if the owner consents. Upon the owner's request, the officer must seal and deliver papers and business books, deemed necessary for inspection, in an envelope with the official seal in the presence of the owner or their representative to the judge authorized by Schaffhausen law. The judge must hand over or communicate papers and business books that are relevant to the investigation to the investigating authority unless there are legal obstacles.

d) If the responsible Swiss officer intends to remove an item that is to be confiscated or has been confiscated without the owner's consent, a German officer must be involved to ensure that the measure remains within its intended scope.

2. If the German officer required to be involved under paragraph 1 section b or d believes that a measure taken by the investigating Swiss officer under these sections deviates from its intended purpose, the examining magistrate in Schaffhausen decides in agreement with the District Administrator in Konstanz. Secured items are to be deposited at the Mayor's Office in Büsingen until this decision is made.

3. If, under Swiss law, an administrative penalty ruling can only be contested by an administrative appeal, a person affected who is a resident of Büsingen and has committed the violation in Büsingen has the right to seek judicial review of the penalty ruling by the competent department pursuant to Art. 300 ff. of the Federal Act on Federal Criminal Procedure; jurisdiction is established with the courts responsible for Schaffhausen.

4. Concerning the reparation of unjustly suffered disadvantages, the provisions of Swiss law apply in the same way as in Switzerland.

1. In transit between Büsingen and Switzerland, a border crossing document is not required for German and Swiss citizens. No border clearance takes place.

2. The right to carry out police checks remains unaffected.

1. Germans who meet the requirements of Art. 19 para. 1 are not subject to Swiss border sanitary control when taking up employment in the Swiss territory specified in Art. 19. Likewise, Germans who travel from the rest of the Federal Republic of Germany for work to Büsingen are not subject to Swiss border sanitary control for this reason.

2. Germans residing in Büsingen are equivalent to Swiss citizens residing in Switzerland concerning border sanitary control at the Swiss-German customs border.

1. Third-country nationals who require a residence permit for their stay in the federal territory also require an additional residence permit for their stay in Büsingen, which is issued by the District Office of Konstanz after consultation with the competent Swiss authorities.

1. The immigration police, labor law, and commercial privileges stipulated in this contract are available to Germans who meet the following requirements in the Canton of Schaffhausen and in the areas of the Cantons of Thurgau and Zurich designated in the annex to this contract

a) The privileges are granted to all Germans who had their residence and domicile in Büsingen on January 1, 1963, and have maintained them continuously since then.

b) Germans who have taken or will take residence and domicile in Büsingen after January 1, 1963, acquire the right to the privileges after a continuous stay in Büsingen of 10 years. If a German comes directly from the Swiss area referred to in sentence 1 to Büsingen, the duration of their uninterrupted stay in that area is credited towards the waiting period, provided they have not been expelled from Switzerland by immigration authorities or conditions justifying such a measure were not present at their departure from Switzerland.

c) A stay is not deemed interrupted if Büsingen is left for a temporary purpose by nature (e.g., studies, training, military service).

d) Germans and their spouses, as well as minor children (including foster and adopted children) living in the same household, obtain the privileges without a waiting period if they take residence and domicile in Büsingen in order to

1. enter into matrimonial cohabitation with a German resident in Büsingen.

2. reside on a property inherited.

3. continue a business operation they have taken over from relatives residing in Büsingen or that has devolved to them by inheritance.

4. take over and continue the business operation of a German benefiting under letters a and b who can no longer operate it for personal reasons, unless the previous owner has declined an equivalent offer from a privileged German.

1.1 In cases of relocation due to reasons other than the familial ones mentioned in numbers 1 to 3, the granting of privileges without waiting time or before its expiration will be considered favorably.

2. Swiss citizens receive these privileges in Büsingen if they have residence and domicile in the Swiss area referred to in paragraph 1. Paragraph 1, letters a to d apply correspondingly, substituting the area of Büsingen with the Swiss area referred to in paragraph 1.

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a) Germans who meet the requirements of Article 19, Paragraph 1 shall, upon application, receive the foreign police permit to work as employees in the Swiss area designated in Article 19 under the same conditions as Swiss citizens. Professions that are legally reserved for Swiss citizens are excepted.

b) They shall be admitted to apprenticeships in the same manner as Swiss citizens in any profession, insofar as it is not legally reserved for Swiss citizens, and receive the necessary foreign police permit.

c) Public employment services are available to them within the scope of their special status in the same way as Swiss citizens. The opportunity to seek employment independently is not affected by this.

2. Swiss citizens who meet the requirements of Article 19, Paragraph 2 shall receive for the exercise of an employed activity in Büsingen the same benefits that Germans residing and staying in Büsingen are granted under the conditions of Article 19, Paragraph 1 for a corresponding activity in Switzerland. Professions that are legally reserved for Germans are excepted.

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a) The permit is granted for five years. Upon expiration of its validity, it shall be extended for the same duration upon request.

b) The issuance or extension of the work permit may be refused, and an issued permit may be revoked, if

1. Under Swiss law or for Swiss cross-border commuters in Büsingen under German law, the conditions for the issuance of an expulsion order or entry ban are met;

2. The permit was obtained through false statements regarding facts relevant to the permit.

1. Employees residing in Büsingen who are employed in Switzerland are, with regard to the family allowances granted under the federal and cantonal legislations, treated as equivalent to employees residing in Switzerland.

2. Employees residing in Switzerland who are employed in Büsingen are, with regard to the benefits to be provided under German child allowance legislation, treated as equivalent to employees residing in Büsingen.

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a) Germans who are authorized to engage in self-employed activity in Büsingen and meet the requirements of Art. 19 para. 1, shall, upon request, receive the foreign police authorization to exercise their professional activities in the Swiss territory designated in Art. 19 without establishing a commercial presence, under the conditions applicable to Swiss citizens. Activities that are legally reserved for Swiss citizens are excluded.

b) This authorization is also granted to their employees and family members working in the enterprise, provided they meet the requirements of Art. 19 para. 1. Even if these conditions are not met, the authorization shall be granted unless there are serious reasons to the contrary.

c) The exercise of self-employed activity in accordance with lit. a is equivalent to the activities of legal entities, commercial companies, as well as all other companies, cooperatives, and other associations based in Büsingen, in which persons meeting the requirements of Art. 19 para. 1 have a predominant economic interest.

d) The authorization under letters a to c is granted for five years. Upon expiry of the term, it is extended for the same duration upon request.

e) The authorization under letters a to c may be refused or revoked if Büsingen’s special status is exploited abusively.

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a) Swiss citizens who are authorized to engage in self-employed activity in the area designated in Art. 19 and meet the requirements of Art. 19 para. 2, are admitted to exercise their professional activities in Büsingen without establishing a commercial presence, under the conditions applicable to Germans. The commencement of professional activity must be reported to the Mayor’s Office in Büsingen. Activities legally reserved for Germans are excluded.

b) Their employees and family members working in the enterprise also receive the work permit, provided they meet the requirements of Art. 19 para. 2. Even if these conditions are not met, the work permit is granted unless there are serious reasons to the contrary.

c) The exercise of self-employed activity in accordance with lit. a is equivalent to the activities of legal entities, commercial companies, and all other companies, cooperatives, and other associations based in the Swiss territory designated in Art. 19, in which such persons have a predominant economic interest, provided they meet the requirements of Art. 19 para. 2.

d) The notification under lit. a entitles the person to exercise the commercial activity in Büsingen for a period of five years without special commercial law permission after the notification. The notification must be repeated after this period if the activity in Büsingen is to continue.

e) The exercise of self-employed activity can be prohibited if the privileges are used abusively.

1. Motor vehicles and trailers based in Büsingen are assigned German license plates with a special feature indicating their location in Büsingen. The competent German registration office informs the Customs District Directorate Schaffhausen about each registration of such a vehicle.

2. Motor vehicles and trailers located in Büsingen are treated as equivalent to Swiss vehicles for the purpose of traffic to, from, and within Switzerland. Motor vehicles and trailers used for commercial passenger and goods transport based in Büsingen, owned by persons who meet the requirements of Article 19 paragraph 1, receive authorization for traffic in Switzerland from the competent authorities of the Canton of Schaffhausen. This authorization may be refused if the number of such vehicles in Büsingen increases disproportionately or if the special status of Büsingen is exploited abusively.

3. Existing and future Swiss-German agreements on cross-border passenger and goods transport apply, except for provisions regarding scheduled services—including holiday destination transport (commuter transport)—unless otherwise specified, not to transports between the Federal Republic of Germany and Büsingen on the roads Büsingen-Neudörflingen-Randegg and Büsingen-Dörflingen / Loog-Gailingen, as well as on the Rhine.

1. The criminal jurisdiction of the contracting states, particularly with respect to criminal acts committed within their territory, remains fundamentally unaffected.

2. For acts committed by a resident of Switzerland in Büsingen, which can be prosecuted under the applicable German regulations there, Swiss criminal law applies substitutively during a prosecution in Switzerland, unless it is already applicable.

3. For acts committed by a resident of Büsingen in Switzerland, which can be prosecuted under Swiss regulations, German criminal law applies substitutively during a prosecution in the Federal Republic of Germany, unless it is already applicable.

4. For acts committed by a resident of Büsingen with Swiss nationality in the Federal Republic of Germany, which can be prosecuted under German regulations, Swiss criminal law applies substitutively during a prosecution in Switzerland, unless it is already applicable.

5. For acts committed by a Swiss citizen in the Federal Republic of Germany, which can be prosecuted under German regulations, Swiss criminal law applies substitutively during a prosecution in Switzerland if the accused, without being a resident of Büsingen, is arrested there, unless it is already applicable.

6. Exempted from the provisions of paragraphs 2 to 5 are acts of a military, fiscal, or predominantly political nature.

**1. Each Contracting State is obligated, insofar as its criminal law applies subsidiarily according to Article 24, to prosecute offenses committed within the territory of the other Contracting State upon request, in accordance with its laws, if the offender is permanently residing within the territory of the requested State at the time of the request, does not submit to the jurisdiction of the requesting State, and is not extradited.**

2. Insofar as Swiss criminal law applies subsidiarily according to Article 24, Switzerland is obliged to undertake the prosecution of Swiss nationals who are not simultaneously Germans, even if the accused is residing in Büsingen. A formal request for takeover is not required in this case.

3. If the accused is an inhabitant of Büsingen who is a Swiss national without being a German, and the offense is not solely punishable by a fine or monetary penalty, the Federal Republic of Germany is not obliged to undertake prosecution under paragraph 1.

4. The request shall be accompanied by the files in original or certified copies, any available evidence, a description of the facts, and a copy of the provisions which, according to the law of the requesting State, are applicable to the offense.

5. The request can be addressed directly by the prosecuting authority of one Contracting State to the prosecuting authority of the other Contracting State. If the requested authority is not competent, it shall forward the request to the competent authority and notify the requesting authority accordingly.

6. The requested prosecuting authority shall inform the requesting authority as soon as possible of the actions taken and shall transmit a copy or certified copy of the final decision when available. The forwarded objects shall be returned to the requesting authority upon completion of the proceedings, unless waived.

7. Decisions made by one Contracting State as a substitute according to Article 24, paragraphs 2 to 5, are equivalent to the decisions of the other Contracting State. Article 14, paragraph 2 is applicable accordingly.

8. Costs arising in proceedings conducted pursuant to the provisions of this Article shall not be reimbursed.

1. If a witness residing in Büsingen fails to comply with a proper summons issued by the Swiss authority in a proceeding conducted under this part, the Swiss authority may request the district court responsible for Büsingen to order the measures provided for in the German Code of Criminal Procedure. If the district court orders the production of the witness, it shall arrange for the witness to be transferred to the Swiss authority.

2. No witness or expert, regardless of nationality, appearing before the Swiss authority in a proceeding conducted under this part may be prosecuted, detained, or subjected to any other restriction of personal freedom by the Swiss authorities for acts or convictions or for any other reasons that arose from their departure from German territory.

3. The protection under paragraph 2 ends three days after the release by the Swiss authority, provided that the witness or expert has had the opportunity to leave Swiss territory.

1. Swiss nationals who are not simultaneously German and who are arrested in Büsingen by German officials for an act punishable under German law, which is not of a political nature, shall be handed over to the Swiss authorities with a written statement detailing the circumstances justifying the arrest.

2. Individuals who are not German may, based on an arrest warrant issued by the competent Swiss authorities, be arrested in Büsingen for an act that is not of a political nature and is also punishable under German law by the police of the Canton of Schaffhausen and transported to Swiss territory. In this case, the Swiss police must involve a German official who ensures that the contractual conditions are observed.

**1. If a prosecution has been conducted by the competent authorities of one Contracting State due to one of the actions mentioned in Art. 24 paragraphs 2 to 5, the authorities of the other Contracting State shall refrain from further prosecution and execution measures due to the same action against the same perpetrator:**

a) if, for substantive legal reasons, the proceedings have been legally terminated or the initiation of the main proceedings has been legally rejected;

b) if the person has been legally acquitted;

c) if the sanction imposed on him has been executed, remitted, or has expired by prescription;

d) as long as the execution of the sanction is suspended (the execution of the sanction is suspended on probation) or the perpetrator is conditionally released.

**2. If the perpetrator, who has been legally convicted in the territory of one Contracting State but has not served or paid the entire sentence, is punished again for the same action in the territory of the other Contracting State, the sentence enforced under the first judgment shall be credited against the sentence to be imposed. The same applies accordingly to other types of sanctions.**

1. Persons who are not Swiss citizens and have been arrested by German authorities for an act punishable under German law or on the basis of a German summons or a German arrest warrant may be transported through Swiss territory by German officers without further ado on the road between Büsingen and Gailingen. Persons who hold both German and Swiss citizenship are not considered Swiss citizens within the meaning of this provision.

1. Legal or administrative assistance requests by the competent authorities of a Contracting State in proceedings conducted pursuant to Article 25 shall be dealt with by the authorities of the other Contracting State as if they had been made by their own corresponding authorities.

1. Swiss officials, who are operating in Büsingen under the application of this treaty, may wear their official uniforms and carry their equipment (service weapons, ammunition, service vehicles, communication devices, and service dogs) with them, provided it is necessary for operational reasons.

2. The stay in Büsingen shall be limited to the time required for the official duties.

3. The service identification card serves as the pass for crossing the border and conducting activities in Büsingen.

4. The number of Swiss uniformed and armed officials present in Büsingen at the same time shall not exceed ten.

1. German officials who are required to perform official duties in Büsingen are permitted to individually or in groups of no more than ten men use the routes Büsingen-Neudörflingen-Randegg and Büsingen-Dörflingen/Loog-Gailingen to reach Büsingen at any time.

2. They are allowed to wear their official uniforms and carry their official equipment (service weapons, ammunition, service vehicles, communication devices, and service dogs), provided that it is necessary for operational reasons.

3. They must refrain from any official actions on Swiss territory. Article 29 remains unaffected.

4. The stay on Swiss territory must be limited to the time necessary for transit.

5. The service identification card serves as a permit for border crossing.

6. On a designated transit route, no more than ten uniformed and armed German personnel may be present at the same time.

7. The number of German uniformed executive officers present in Büsingen at the same time must not exceed 3 per 100 inhabitants.

1. The authorities of each contracting state shall grant the officials of the other state, while exercising their powers within its territory under this treaty, the same protection and assistance as they would to their corresponding own officials.

1. In a criminal procedure conducted under this agreement, the criminal provisions of one contracting state shall also apply to acts committed against the corresponding institutions or measures of public authority or the administration of justice of the other state, or against its officials, insofar as they have acted in the exercise of their powers under this agreement. Article 28 shall apply accordingly.

1. With regard to claims for damages arising from official acts connected with the execution of this agreement, as well as their assertion, the nationals of one Contracting State shall be treated the same as those of the other Contracting State.

2. Liability for damage caused by an official of one Contracting State in the performance of their duties in the territory of the other Contracting State shall be determined in the same manner as if the harmful act or omission had been committed at the official's place of service.

1. The Swiss authorities may, to the extent that they conduct an administrative or criminal procedure under this treaty, legally serve documents originating from such procedure with any content permissible under Swiss law through the Deutsche Bundespost in Büsingen.

1. Written Communication between Swiss and German authorities may occur directly and without recourse to diplomatic channels, provided that it pertains to the application of this agreement and does not involve political or fundamental questions.

1. Anyone who participates or has participated in an official or professional capacity in a procedure conducted on the basis of this treaty is required to keep confidential any documents, facts, and occurrences that become known to them during or in connection with this procedure, in accordance with the law of their home country.

1. The right of the Contracting States to refuse entry and residence by means of personal entry and residence prohibitions in accordance with applicable laws remains unaffected.

1. For the applicability of the Swiss legal provisions applicable according to Art. 2 para. 1 in Büsingen, their publication in the Collection of Federal Laws and in the Law Collection for the Canton of Schaffhausen is decisive. This publication is considered promulgation in terms of German law. The law collections mentioned in sentence 1 are delivered to the municipality of Büsingen am Hochrhein by the Swiss Federal Chancellery and the State Chancellery of the Canton of Schaffhausen in the same manner as to their own authorities.

1. The Contracting States hereby establish a Joint Swiss-German Commission with the task of

a) discussing issues arising in connection with the implementation of this agreement

b) submitting recommendations to both governments, including possible amendments to this agreement

c) recommending appropriate measures to the competent authorities to address difficulties

2. The Commission shall consist of five Swiss and five German members, who may be accompanied by experts. The government of each contracting state shall appoint one member of its delegation as the head. Each head of the delegation can request a meeting of the Commission by making a request to the head of the other delegation, which must take place no later than one month after receipt of the request.

3. The Commission may establish its own rules of procedure.

1. Upon the entry into force of this treaty, the Agreement of September 21, 1895, between Switzerland and the German Empire concerning the municipality of Büsingen shall cease to be in effect.

1. This agreement shall also apply to the Land of Berlin, unless the Government of the Federal Republic of Germany issues a contrary statement to the Swiss Federal Council within three months of the agreement's entry into force.

1. This treaty requires ratification; the instruments of ratification shall be exchanged in Bern as soon as possible.

2. This treaty shall enter into force one month after the exchange of the instruments of ratification.

3. This treaty shall initially be in effect for twelve years. After the expiration of this period, it shall continue to be in effect indefinitely; however, each contracting state has the right to terminate it with a notice period of two years.