Article 29 The collection of federal customs duties is treated according to the following principles:
I. Import duties:
1. The lowest possible duty on raw materials necessary for the industry and agriculture of the country;
2. The same treatment is given to the necessities of life;
3. The highest duty on luxury goods.
These principles were also to be observed in making trade treaties with foreign countries unless there were major obstacles.
2. Export duties should be minimized.
Third, tariff legislation should include provisions favorable to securing border and market trade.
In the event of exceptional circumstances, the Federation may temporarily adopt extraordinary measures not subject to the above provisions.
Article 30 The revenues from tariffs shall belong to the Federation.
Article 31
(1) Freedom of commerce and industry shall be guaranteed throughout the entire territory of the Confederation, unless the Constitution and the laws relating thereto provide for other restrictions.
The regulations of the cantons concerning commercial and industrial activities and the tax regulations relating thereto shall remain in force. However, these regulations shall not violate the principle of commercial and industrial freedom, unless the Federal Constitution provides otherwise. The patent rights of the states are retained.
Article 31
(2) Within the limits of its constitutional competence, the Confederation may adopt measures capable of increasing the general welfare of its citizens and of bringing about economic security.
The Confederation, while safeguarding the general interests of the national economy, may establish regulations governing commercial and industrial activities and may adopt measures in favor of certain economic sectors or industries. The Federation shall respect the principle of freedom of commerce and industry, except as otherwise provided in Article 31 (3).
The Confederation shall have the right to adopt regulations contrary to the principle of freedom of commerce and industry, where necessary, for reasons justified by the general interest, for the purpose of:
I. preserving important branches of the economy or trades whose very existence is threatened, and for utilizing the professional expertise of those who carry out independent activities in such branches or trades;
II. maintaining a sufficient agricultural population, ensuring agricultural productivity, and consolidating rural land ownership. productivity, and to consolidate rural land ownership;
three, to protect areas whose economies are threatened;
four, to reverse the economically or socially harmful effects of cartels or similar groups;
five, to take precautionary measures for the preservation of the nation's economy and to ensure the supply of goods and vital services throughout the country in the event of a severe famine which the economy cannot remedy on its own. and vital services.
The economic sectors and industries concerned shall enjoy the protection of the regulations based on the first two items only if they have taken the measures of mutual assistance and cooperation which they are entitled to.
Federal regulations based on Article 31 (3) (a) and (b) shall be conducive to the preservation of the development of groups based on mutual assistance.
Article 31
(3) The cantons shall have the right to adopt legislation requiring that only persons with specialized knowledge and qualified in their own right shall be allowed to open cafes and restaurants and to limit the number of such enterprises as may be necessary in the event that the survival of such industries is threatened by excessive competition. Regulations relating thereto shall take full account of the importance of the various enterprises to the public * * * welfare.
In addition, the Commonwealth may, within its legislative powers, permit the States to make regulations on matters on which the Commonwealth is not required to legislate, but over which the States have no legislative authority.
Article 31
(4) The Confederation shall be empowered to enact a law on the banking system. The law shall take into account the role and special situation of banks in the cantons. Article 21 (5) The Confederation may take measures to ensure the balanced development of economic activity, in particular to prevent and combat unemployment and price increases. To this end, the Confederation shall cooperate with the cantons and the economic community.
The Confederation, the cantons and the communes may establish their own budgets in accordance with the exigencies of the economic situation. In order to keep the economic situation in balance, the Confederation may take temporary measures by imposing additional federal taxes or by introducing tax reductions.
The funds from the imposition of additional taxes shall be strictly controlled and their duration shall be determined in accordance with the needs of the economic situation. Direct federal taxes would be reimbursed individually and indirect taxes would be used to subsidize tax exemptions or to create jobs.
The Confederation is mindful of the imbalance in the economic development of the various regions of the country.
The Confederation may conduct surveys as required by economic policy.
Article 31
〈6〉The Confederation, while safeguarding the general interests of the national economy and respecting the principle of commercial and industrial freedom, shall take measures to protect the interests of consumers ......
Within the limits of the legislative provisions on unfair competition, consumer organizations shall enjoy the same rights as trades and economic groups. rights.
The cantons shall establish simple and rapid conciliation or judicial procedures for dealing with disputes of a limited value arising from contracts between final consumers and suppliers. The limits shall be determined by the Federal Council.
Article 31
(7) In order to prevent arbitrary pricing, the Confederation may establish regulations for monitoring the prices or recommended prices of goods or services provided by enterprises and organizations dominating the market, in particular cartels and similar public and private law organizations. To this end, they may, if necessary, be made to reduce their prices.
Article 32
(1) The provisions of the above Articles 31(2), 31(3), Section 2, 31(4) and 31(5) shall be regulated only by means of laws and decrees agreed upon by popular vote. In the event of an emergency during a period of economic turmoil, the provisions of Section 3 of Article 80
9 shall apply. (Note: Section 3 of Article 89 has been repealed and replaced by Article 89(2)
The states shall be consulted in the formulation of implementing legislation. In general, the implementation of federal statutes is the responsibility of the states.
Implementing legislation shall be drawn up in consultation with the relevant economic organizations, which may be requested to cooperate in the implementation of the implementing legislation.
Article 32
(2) The Confederation is authorized to establish a regulation on the manufacture, importation, distillation, sale and taxation of distilled alcoholic beverages. The purpose of such regulations shall be to reduce the consumption of soju and, consequently, the importation and production of soju. The Commonwealth encourages the production of edible fruits and the use of raw materials suitable for distillation in the production of food or feed. The Commonwealth may reduce the number of distilling facilities through negotiated redemption.
Industrial production of distilled alcoholic beverages may be licensed to cooperatives or other private enterprises. Licensing authority shall be granted in such a manner as to induce the enterprise to utilize the wastes of the fruit-growing, grape-growing, and sugar-beet industries, as well as those surplus fruits and potatoes which can only be most reasonably utilized in the distilling industry.
Existing home distilleries and mobile distilleries are permitted to engage in the non-industrial production of shochu from fruits, pips, apple juice, wine, grape skins, pomace, gentian root and other similar raw materials, provided that they are exclusively from the producer's cultivation or from wild plants harvested in the country. Such soju is exempt from tax if it is necessary for the producer's daily life or agricultural production. Fifteen years after the adoption of this article, if a home distillery still exists, a concession must be applied for in order to continue the production. Concessions may be obtained free of charge under conditions established by law.
Specialty spirits made from distilled nuts, wine, grape skins, pomace, and similar ingredients shall be taxable. Constant producers may extract a fair price from local raw materials.
Except for special liquors and a certain amount of tax-free liquors for home consumption, the rest of domestically produced soju shall be turned over to the commonwealth, which shall receive it at a fair price.
No tax shall be levied on exports and transit re-exports.
The proceeds of the tax on hotels and retailers within the states belong to the states. Trade between the cantons and international trade is subject to federal licensing, and the corresponding proceeds shall be distributed among the cantons in proportion to their resident populations.
One-half of the federal revenue from the tax on alcoholic beverages shall be distributed among the states in proportion to their resident populations, and at least ten percent of the revenue shall be used by the states for the prevention of spills and the treatment of alcoholism. The other half of the proceeds of the tax shall be used in accordance with the second paragraph of section 2 of article 34 (4). (Note: See Article XV in the Provisional Provisions)
Article 32
(3) The manufacture, importation, transshipment, sale, and stockpiling of absinthe spirits shall be prohibited in the territory of the Federation. This prohibition shall extend to all beverages imitating absinthe, regardless of their name. This shall not apply to absinthe in transit or for medicinal purposes.
The ban shall enter into force two years after its adoption. Federal legislation may make such regulations as may be necessary in accordance with this prohibition.
The Confederation shall have the power to enact by law the same prohibition in respect of any other beverage containing absinthe which is dangerous to the public.
Article 32
(4) The states shall have the right to pass laws imposing restrictions on the hotel business and retailers dealing in alcoholic beverages, as may be necessary for the welfare of the public * * *.
The so-called retail trade, in relation to non-distilled alcoholic beverages, means trade in less than two liters.
The States may by law authorize the trade in non-distilled alcoholic beverages in quantities of two to ten liters within the limits prescribed in section 2 of article 31, provided that such trade is subject to the payment of a small fee and to the supervision of a government department.
No special contribution tax other than the licensed levy shall be imposed by the states on the sale of non-distilled alcoholic beverages.
Legal persons shall be treated in the same way as natural persons and shall receive no less favorable treatment than natural persons. Producers of wine and apple juice may sell two or more liters of their own manufacture without a license and without paying a fee.
The Confederation shall have the right to establish laws governing the trade in two or more liters of non-distilled alcoholic beverages. Such regulations shall not contain anything contrary to the principles of commercial and industrial freedom.
Trafficking in alcoholic beverages by hawking in the streets or by other mobile means is prohibited.
Article 33 The cantons may require a certificate of competence for persons wishing to engage in liberal professions.
Federal law shall provide that such persons may obtain a certificate of competence valid throughout the federal territory. (N.B. See provisional article 5)