Art. 39 Withholding of items
1If the customs office withholds items, it shall retain the items for a fee or shall place them in the custody of a third party at the cost of the applicant.53 2It shall provide the applicant with the name and address of the declarant, holder or owner, a precise description and the quantity, as well as the sender of the withheld items in Switzerland or abroad.54 3If it is established prior to the expiry of the time limit under Article 48 paragraph 2 or 3 DesA that the applicant is unable to obtain preliminary measures, the items shall be released immediately. 53 Amended by Annex 4 No 4 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469). 54 Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 20082549). |