Foreign flags in Switzerland – rules and order of precedence

Foreign flags are a familiar sight in Switzerland: outside embassies in Bern and international organisations in Geneva, outside hotels and company headquarters, at sports events and in the gardens of people with roots in other countries. In law, Switzerland treats the flags of foreign states differently from its own. The relevant texts are the Coat of Arms Protection Act, the Swiss Criminal Code and, for the arrangement, the Swiss Armed Forces’ flag regulations.

What the Coat of Arms Protection Act says

The Swiss flag and the flags of the cantons and communes may in principle be used by anyone (Article 10). For foreign states, the opposite applies: under Article 15(1), their coats of arms, flags and other emblems, and signs that can be confused with them, may be used only by the state to which they belong. Use by third parties is permitted where the state has authorised it (Article 16), for example evidenced by a trademark registration in that country or a certificate from the competent authority.

The Federal Council’s 2009 dispatch bases this principle on Switzerland’s obligations under Article 6ter of the Paris Convention. That provision protects state emblems mainly against being registered or used as a trademark or part of a trademark without permission. The coats of arms and flags of foreign communes and other public bodies may, by contrast, be used under Article 15(3), provided the use is not misleading or contrary to public order, morality or the law.

Commercial and private use

The Act’s criminal provision, Article 28, covers intentionally and unlawfully affixing protected emblems to goods, selling goods so marked, using them on business signs, advertisements, brochures, business papers and websites, and using them for services. A business that wants to use a foreign flag for a product, a shop or a service may therefore need an authorisation from the state concerned. More for businesses is in the guide to flagpoles for businesses.

The Act contains no express rule on flying a foreign flag on a private pole or showing a flag at a sports event. The Swiss Federal Institute of Intellectual Property (IPI), which is responsible for protecting public emblems, can give information in the individual case.

Protection under criminal law

Article 298 of the Criminal Code punishes anyone who maliciously removes, damages or insults by acts the emblems of a foreign state, in particular its coat of arms or its flag, where they are displayed publicly by a recognised representation of that state. This covers, for example, the flag outside an embassy or consulate. The penalty is a custodial sentence of up to three years or a monetary penalty. For the Swiss and cantonal flags, Article 270 contains the same rule.

Foreign flags beside the Swiss flag

For the arrangement, the Swiss Armed Forces’ flag regulations set out these rules:

• Foreign national flags are placed in the alphabetical order of the local official language. For major occasions, the Protocol of the Federal Department of Foreign Affairs or the military protocol can set a different order case by case.
• The square Swiss flag and the rectangular foreign flags have the same height and differ in length.
• With two poles, the guest country takes the place of honour on the left, and Switzerland as host stands on the right.
• With three poles, the Swiss flag is in the middle and the flags of two guest countries are on the left and right in alphabetical order.
• If an event is held under the auspices of an international organisation, such as the UN or the Red Cross, its flag takes precedence.
• For hanging, foreign flags are hung as on the pole, unless there are special flags for vertical hanging, as for Liechtenstein, the Czech Republic or Slovenia.

An example from the regulations: with three poles and guests from Germany and France, Germany is on the left, Switzerland in the middle and France on the right. More on the order is in the guide to flag protocol.

Official visits and half-mast

For official visits, the Protocol of the Federal Department of Foreign Affairs and the Federal Office for Buildings and Logistics decide case by case under Article 7 of the Federal Council’s instructions how federal buildings fly flags. If the Parliament Building flies a guest country’s flag, a Swiss flag also hangs from the north balcony throughout.

During mourning at military sites, foreign flags and the flags of international organisations stay at full mast under the flag regulations. More in the guide to half-mast.