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0.810.3 as 2020 6571; bbl 2019 5971english is not an official language of the swiss confederation. this version is provided for information purposes only.council of europe convention against trafficking in human organsconcluded in santiago de compostela on 25 march 2015approved by the federal assembly on 19 june 20201swiss instrument of ratification deposited on 21 october 2020entry into force for switzerland on 1 february 2021(status as of 1 february 2021)1 as 2020 6567preamblethe member states of the council of europe and the other signatories to this convention;bearing in mind the universal declaration of human rights, proclaimed by the united nations general assembly on 10 december 1948, and the convention of 4 november 19502 for the protection of human rights and fundamental freedoms (1950, ets no. 5);bearing in mind the convention of 4 april 19973 for the protection of human rights and dignity of the human being with regard to the application of biology and medicine: convention on human rights and biomedicine (1997, ets no. 164) and the additional protocol of 24 january 20024 to the convention on human rights and biomedicine concerning transplantation of organs and tissues of human origin (2002, ets no. 186);bearing in mind the protocol of 15 november 20005 to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the united nations convention against transnational organized crime (2000) and the council of europe convention of 16 may 20056 on action against trafficking in human beings (2005, cets no. 197);considering that the aim of the council of europe is to achieve a greater unity between its members;considering that the trafficking in human organs violates human dignity and the right to life and constitutes a serious threat to public health;determined to contribute in a significant manner to the eradication of the trafficking in human organs through the introduction of new offences supplementing the existing international legal instruments in the field of trafficking in human beings for the purpose of the removal of organs;considering that the purpose of this convention is to prevent and combat trafficking in human organs, and that the implementation of the provisions of the convention concerning substantive criminal law should be carried out taking into account its purpose and the principle of proportionality;recognising that, to efficiently combat the global threat posed by the trafficking in human organs, close international co-operation between council of europe member states and non- member states alike should be encouraged,have agreed as follows:2 sr 0.1013 sr 0.810.24 sr 0.810.225 sr 0.311.5426 sr 0.311.543chapter i purposes, scope and use of terms art. 1 purposes 1 the purposes of this convention are:a. to prevent and combat the trafficking in human organs by providing for the criminalisation of certain acts;b. to protect the rights of victims of the offences established in accordance with this convention;c. to facilitate co-operation at national and international levels on action against the trafficking in human organs.2 in order to ensure effective implementation of its provisions by the parties, this convention sets up a specific follow-up mechanism.art. 2 scope and use of terms this convention applies to the trafficking in human organs for purposes of transplantation or other purposes, and to other forms of illicit removal and of illicit implantation.for the purposes of this convention, the term:- "trafficking in human organs" shall mean any illicit activity in respect of human organs as prescribed in article 4 paragraph 1 and articles 5, 7, 8 and 9 of this convention;- "human organ" shall mean a differentiated part of the human body, formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with a significant level of autonomy. a part of an organ is also considered to be an organ if its function is to be used for the same purpose as the entire organ in the human body, maintaining the requirements of structure and vascularisation.art. 3 principle of non-discrimination the implementation of the provisions of this convention by the parties, in particular the enjoyment of measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, state of health, disability or other status.chapter ii substantive criminal law art. 4 illicit removal of human organs 1 each party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the removal of human organs from living or deceased donors:a. where the removal is performed without the free, informed and specific consent of the living or deceased donor, or, in the case of the deceased donor, without the removal being authorised under its domestic law;b. where, in exchange for the removal of organs, the living donor, or a third party, has been offered or has received a financial gain or comparable advantage;c. where in exchange for the removal of organs from a deceased donor, a third party has been offered or has received a financial gain or comparable advantage.2 any state or the european union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the secretary general of the council of europe, declare that it reserves the right not to apply paragraph 1 letter a of this article to the removal of human organs from living donors, in exceptional cases and in accordance with appropriate safeguards or consent provisions under its domestic law. any reservation made under this paragraph shall contain a brief statement of the relevant domestic law.3 the expression "financial gain or comparable advantage" shall, for the purpose of paragraph 1 letters b and c, not include compensation for loss of earnings and any other justifiable expenses caused by the removal or by the related medical examinations, or compensation in case of damage which is not inherent to the removal of organs.4 each party shall consider taking the necessary legislative or other measures to establish as a criminal offence under its domestic law the removal of human organs from living or deceased donors where the removal is performed outside of the framework of its domestic transplantation system, or where the removal is performed in breach of essential principles of national transplantation laws or rules. if a party establishes criminal offences in accordance with this provision, it shall endeavour to apply also articles 9 to 22 to such offences.art. 5 use of illicitly removed organs for purposes of implantation or other purposes than implantation each party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the use of illicitly removed organs, as described in article 4 paragraph 1, for purposes of implantation or other purposes than implantation.art. 6 implantation of organs outside of the domestic transplantation system or in breach of essential principles of national transplantation law each party shall consider taking the necessary legislative or other measures to establish as a criminal offence under its domestic law, when committed intentionally, the implantation of human organs from living or deceased donors where the implantation is performed outside of the framework of its domestic transplantation system, or where the implantation is performed in breach of essential principles of national transplantation laws or rules. if a party establishes criminal offences in accordance with this provision, it shall endeavour to apply also articles 9 to 22 to such offences.art. 7 illicit solicitation, recruitment, offering and requesting of undue advantages 1 each party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the solicitation and recruitment of an organ donor or a recipient, where carried out for financial gain or comparable advantage for the person soliciting or recruiting, or for a third party.2 each party shall take the necessary legislative and other measures to establish as a criminal offence, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to healthcare professionals, its public officials or persons who direct or work for private sector entities, in any capacity, with a view to having a removal or implantation of a human organ performed or facilitated, where such removal or implantation takes place under the circumstances described in article 4 paragraph 1 or article 5 and where appropriate article 4 paragraph 4 or article 6.3 each party shall take the necessary legislative and other measures to establish as a criminal offence, when committed intentionally, the request or receipt by healthcare professionals, its public officials or persons who direct or work for private sector entities, in any capacity, of any undue advantage with a view to performing or facilitating the performance of a removal or implantation of a human organ, where such removal or implantation takes place under the circumstances described in article 4, paragraph 1 or article 5 and where appropriate article 4, paragraph 4 or article 6.art. 8 preparation, preservation, storage, transportation, transfer, receipt, import and export of illicitly removed human organs each party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally:a. the preparation, preservation, and storage of illicitly removed human organs as described in article 4 paragraph 1, and where appropriate article 4 paragraph 4;b. the transportation, transfer, receipt, import and export of illicitly removed human organs as described in article 4 paragraph 1, and where appropriate article 4 paragraph 4.art. 9 aiding or abetting and attempt 1 each party shall take the necessary legislative and other measures to establish as criminal offences, when committed intentionally, aiding or abetting the commission of any of the criminal offences established in accordance with this convention.2 each party shall take the necessary legislative and other measures to establish as a criminal offence the intentional attempt to commit any of the criminal offences established in accordance with this convention.3 any state or the european union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the secretary general of the council of europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 2 to offences established in accordance with article 7 and article 8.art. 10 jurisdiction 1 each party shall take such legislative or other measures as may be necessary to establish jurisdiction over any offence established in accordance with this convention, when the offence is committed:a. in its territory; orb. on board a ship flying the flag of that party; orc. on board an aircraft registered under the laws of that party; ord. by one of its nationals; ore. by a person who has his or her habitual residence in its territory.2 each party shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this convention where the offence is committed against one of its nationals or a person who has his or her habitual residence in its territory.3 any state or the european union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the secretary general of the council of europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraph 1 letters d and e of this article.4 for the prosecution of the offences established in accordance with this convention, each party shall take the necessary legislative or other measures to ensure that its jurisdiction as regards paragraphs 1 letters d and e of this article is not subordinated to the condition that the prosecution can only be initiated following a report from the victim or the laying of information by the state of the place where the offence was committed.5 any state or the european union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the secretary general of the council of europe, declare that it reserves the right not to apply or to apply only in specific cases paragraph 4 of this article.6 each party shall take the necessary legislative or other measures to establish jurisdiction over the offences established in accordance with this convention, in cases where an alleged offender is present on its territory and it does not extradite him or her to another state, solely on the basis of his or her nationality.7 when more than one party claims jurisdiction over an alleged offence established in accordance with this convention, the parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.8 without prejudice to the general rules of international law, this convention does not exclude any criminal jurisdiction exercised by a party in accordance with its internal law.art. 11 corporate liability 1 each party shall take the necessary legislative and other measures to ensure that legal persons can be held liable for offences established in accordance with this convention, when committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within it based on:a. a power of representation of the legal person;b. an authority to take decisions on behalf of the legal person;c. an authority to exercise control within the legal person.2 apart from the cases provided for in paragraph 1 of this article, each party shall take the necessary legislative and other measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence established in accordance with this convention for the benefit of that legal person by a natural person acting under its authority.3 subject to the legal principles of the party, the liability of a legal person may be criminal, civil or administrative.4 such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.art. 12 sanctions and measures 1 each party shall take the necessary legislative and other measures to ensure that the offences established in accordance with this convention are punishable by effective, proportionate and dissuasive sanctions. these sanctions shall include, for offences established in accordance with article 4 paragraph 1 and, where appropriate, article 5 and articles 7 to 9, when committed by natural persons, penalties involving deprivation of liberty that may give rise to extradition.2 each party shall take the necessary legislative and other measures to ensure that legal persons held liable in accordance with article 11 are subject to effective, proportionate and dissuasive sanctions, including criminal or non-criminal monetary sanctions, and may include other measures, such as:a. temporary or permanent disqualification from exercising commercial activity;b. placing under judicial supervision;c. a judicial winding-up order.3 each party shall take the necessary legislative and other measures to:a. permit seizure and confiscation of proceeds of the criminal offences established in accordance with this convention, or property whose value corresponds to such proceeds;b. enable the temporary or permanent closure of any establishment used to carry out any of the criminal offences established in accordance with this convention, without prejudice to the rights of bona fide third parties, or deny the perpetrator, temporarily or permanently, in conformity with the relevant provisions of domestic law, the exercise of a professional activity relevant to the commission of any of the offences established in accordance with this convention.art. 13 aggravating circumstances each party shall take the necessary legislative and other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of domestic law, be taken into consideration as aggravating circumstances in determining the sanctions in relation to the offences established in accordance with this convention:a. the offence caused the death of, or serious damage to the physical or mental health of, the victim;b. the offence was committed by a person abusing his or her position;c. the offence was committed in the framework of a criminal organisation;d. the perpetrator has previously been convicted of offences established in accordance with this convention;e. the offence was committed against a child or any other particularly vulnerable person.art. 14 previous convictions each party shall take the necessary legislative and other measures to provide for the possibility to take into account final sentences passed by another party in relation to the offences established in accordance with this convention when determining the sanctions.chapter iii criminal procedural law art. 15 initiation and continuation of proceedings each party shall take the necessary legislative and other measures to ensure that investigations or prosecution of offences established in accordance with this convention should not be subordinate to a complaint and that the proceedings may continue even if the complaint is withdrawn.art. 16 criminal investigations each party shall take the necessary legislative and other measures, in conformity with the principles of its domestic law, to ensure effective criminal investigation and prosecution of offences established in accordance with this convention.art. 17 international co-operation 1 the parties shall co-operate with each other, in accordance with the provisions of this convention and in pursuance of relevant applicable international and regional instruments and arrangements agreed on the basis of uniform or reciprocal legislation and their domestic law, to the widest extent possible, for the purpose of investigations or proceedings concerning the offences established in accordance with this convention, including seizure and confiscation.2 the parties shall co-operate to the widest extent possible in pursuance of the relevant applicable international, regional and bilateral treaties on extradition and mutual legal assistance in criminal matters concerning the offences established in accordance with this convention.3 if a party that makes extradition or mutual legal assistance in criminal matters conditional on the existence of a treaty receives a request for extradition or legal assistance in criminal matters from a party with which it has no such a treaty, it may, acting in full compliance with its obligations under international law and subject to the conditions provided for by the domestic law of the requested party, consider this convention as the legal basis for extradition or mutual legal assistance in criminal matters in respect of the offences established in accordance with this convention.chapter iv protection measures art. 18 protection of victims each party shall take the necessary legislative and other measures to protect the rights and interests of victims of offences established in accordance with this convention, in particular by:a. ensuring that victims have access to information relevant to their case and which is necessary for the protection of their health and other rights involved;b. assisting victims in their physical, psychological and social recovery;c. providing, in its domestic law, for the right of victims to compensation from the perpetrators.art. 19 standing of victims in criminal proceedings 1 each party shall take the necessary legislative and other measures to protect the rights and interests of victims at all stages of criminal investigations and proceedings, in particular by:a. informing them of their rights and the services at their disposal and, upon request, the follow-up given to their complaint, the charges retained, the state of the criminal proceedings, unless in exceptional cases the proper handling of the case may be adversely affected by such notification, and their role therein as well as the outcome of their cases;b. enabling them, in a manner consistent with the procedural rules of domestic law, to be heard, to supply evidence and have their views, needs and concerns presented, directly or through an intermediary, and considered;c. providing them with appropriate support services so that their rights and interests are duly presented and taken into account;d. providing effective measures for their safety, as well as that of their families, from intimidation and retaliation.2 each party shall ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings.3 each party shall ensure that victims have access to legal aid, in accordance with domestic law and provided free of charge where warranted, when it is possible for them to have the status of parties to criminal proceedings.4 each party shall take the necessary legislative and other measures to ensure that victims of an offence established in accordance with this convention committed in the territory of a party other than the one where they reside can make a complaint before the competent authorities of their state of residence.5 each party shall provide, by means of legislative or other measures, in accordance with the conditions provided for by its domestic law, the possibility for groups, foundations, associations or governmental or non-governmental organisations, to assist and/or support the victims with their consent during criminal proceedings concerning the offences established in accordance with this convention.art. 20 protection of witnesses 1 each party shall, within its means and in accordance with the conditions provided for by its domestic law, provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings, who give testimony concerning offences covered by this convention and, as appropriate, for their relatives and other persons close to them.2 paragraph 1 of this article shall also apply to victims insofar as they are witnesses.chapter v prevention measures art. 21 measures at domestic level 1 each party shall take the necessary legislative and other measures to ensure:a. the existence of a transparent domestic system for the transplantation of human organs;b. equitable access to transplantation services for patients;c. adequate collection, analysis and exchange of information related to the offences covered by this convention in co-operation between all relevant authorities.2 with the aim of preventing and combatting trafficking in human organs, each party shall take measures, as appropriate:a. to provide information or strengthen training for healthcare professionals and relevant officials in the prevention of and combat against trafficking in human organs;b. to promote awareness-raising campaigns addressed to the general public about the unlawfulness and dangers of trafficking in human organs.3 each party shall take the necessary legislative and other measures to prohibit the advertising of the need for, or availability of human organs, with a view to offering or seeking financial gain or comparable advantage.art. 22 measures at international level the parties shall, to the widest extent possible, co-operate with each other in order to prevent trafficking in human organs. in particular, the parties shall:a. report to the committee of the parties at its request on the number of cases of trafficking in human organs within their respective jurisdictions;b. designate a national contact point for the exchange of information pertaining to trafficking in human organs.chapter vi follow-up mechanism art. 23 committee of the parties 1 the committee of the parties shall be composed of representatives of the parties to the convention.2 the committee of the parties shall be convened by the secretary general of the council of europe. its first meeting shall be held within a period of one year following the entry into force of this convention for the tenth signatory having ratified it. it shall subsequently meet whenever at least one third of the parties or the secretary general so requests.3 the committee of the parties shall adopt its own rules of procedure.4 the committee of the parties shall be assisted by the secretariat of the council of europe in carrying out its functions.5 a contracting party which is not a member of the council of europe shall contribute to the financing of the committee of the parties in a manner to be decided by the committee of ministers upon consultation of that party.art. 24 other representatives 1 the parliamentary assembly of the council of europe, the european committee on crime problems (cdpc), as well as other relevant council of europe intergovernmental or scientific committees, shall each appoint a representative to the committee of the parties in order to contribute to a multi-sectoral and multidisciplinary approach.2 the committee of ministers may invite other council of europe bodies to appoint a representative to the committee of the parties after consulting the latter.3 representatives of relevant international bodies may be admitted as observers to the committee of the parties following the procedure established by the relevant rules of the council of europe.4 representatives of relevant official bodies of the parties may be admitted as observers to the committee of the parties following the procedure established by the relevant rules of the council of europe.5 representatives of civil society, and in particular non-governmental organisations, may be admitted as observers to the committee of the parties following the procedure established by the relevant rules of the council of europe.6 in the appointment of representatives under paragraphs 2 to 5 of this article, a balanced representation of the different sectors and disciplines shall be ensured.7 representatives appointed under paragraphs 1 to 5 above shall participate in meetings of the committee of the parties without the right to vote.art. 25 functions of the committee of the parties 1 the committee of the parties shall monitor the implementation of this convention. the rules of procedure of the committee of the parties shall determine the procedure for evaluating the implementation of this convention, using a multi-sectoral and multidisciplinary approach.2 the committee of the parties shall also facilitate the collection, analysis and exchange of information, experience and good practice between states to improve their capacity to prevent and combat trafficking in human organs. the committee may avail itself of the expertise of other relevant council of europe committees and bodies.3 furthermore, the committee of the parties shall, where appropriate:a. facilitate the effective use and implementation of this convention, including the identification of any problems that may arise and the effects of any declaration or reservation made under this convention;b. express an opinion on any question concerning the application of this convention and facilitate the exchange of information on significant legal, policy or technological developments;c. make specific recommendations to parties concerning the implementation of this convention.4 the european committee on crime problems (cdpc) shall be kept periodically informed regarding the activities mentioned in paragraphs 1, 2 and 3 of this article.chapter vii relationship with other international instruments art. 26 relationship with other international instruments 1 this convention shall not affect the rights and obligations arising from the provisions of other international instruments to which parties to the present convention are parties or shall become parties and which contain provisions on matters governed by this convention.2 the parties to the convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.chapter viii amendments to the convention art. 27 amendments 1 any proposal for an amendment to this convention presented by a party shall be communicated to the secretary general of the council of europe and forwarded by him or her to the member states of the council of europe, the non-member states enjoying observer status with the council of europe, the european union, and any state having been invited to sign this convention.2 any amendment proposed by a party shall be communicated to the european committee on crime problems (cdpc) and other relevant council of europe intergovernmental or scientific committees, which shall submit to the committee of the parties their opinions on that proposed amendment.3 the committee of ministers of the council of europe shall consider the proposed amendment and the opinion submitted by the committee of parties and, after having consulted the parties to this convention that are not members of the council of europe, may adopt the amendment by the majority provided for in article 20 letter d of the statute of the council of europe7.4 the text of any amendment adopted by the committee of ministers in accordance with paragraph 3 of this article shall be forwarded to the parties for acceptance.5 any amendment adopted in accordance with paragraph 3 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all parties have informed the secretary general that they have accepted it.7 sr 0.192.030chapter ix final clauses art. 28 signature and entry into force 1 this convention shall be open for signature by the member states of the council of europe, the european union and the non-member states which enjoy observer status with the council of europe. it shall also be open for signature by any other non-member state of the council of europe upon invitation by the committee of ministers. the decision to invite a non-member state to sign the convention shall be taken by the majority provided for in article 20 letter d of the statute of the council of europe, and by unanimous vote of the representatives of the contracting states entitled to sit on the committee of ministers. this decision shall be taken after having obtained the unanimous agreement of the other states/european union having expressed their consent to be bound by this convention.2 this convention is subject to ratification, acceptance or approval. instruments of ratification, acceptance or approval shall be deposited with the secretary general of the council of europe.3 this convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five signatories, including at least three member states of the council of europe, have expressed their consent to be bound by the convention in accordance with the provisions of the preceding paragraph.4 in respect of any state or the european union, which subsequently expresses its consent to be bound by the convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.art. 29 territorial application 1 any state or the european union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this convention shall apply.2 any party may, at any later date, by a declaration addressed to the secretary general of the council of europe, extend the application of this convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. in respect of such territory, the convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the secretary general.3 any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the secretary general of the council of europe. the withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the secretary general.art. 30 reservations 1 any state or the european union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it avails itself of one or more of the reservations provided for in articles 4 paragraph 2, 9 paragraph 3 and 10 paragraphs 3 and 5.2 any state or the european union may also, at the time of signature or when deposing its instrument of ratification, acceptance or approval, declare that it reserves the right to apply the article 5 and article 7 paragraphs 2 and 3 only when the offences are committed for purposes of implantation, or for purposes of implantation and other purposes as specified by the party.3 no other reservation may be made.4 each party which has made a reservation may, at any time, withdraw it entirely or partially by a notification addressed to the secretary general of the council of europe. the withdrawal shall take effect from the date of the receipt of such notification by the secretary general.art. 31 dispute settlement the committee of the parties will follow in close co-operation with the european committee on crime problems (cdpc) and other relevant council of europe intergovernmental or scientific committees the application of this convention and facilitate, when necessary, the friendly settlement of all difficulties related to its application.art. 32 denunciation 1 any party may, at any time, denounce this convention by means of a notification addressed to the secretary general of the council of europe.2 such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the secretary general.art. 33 notification the secretary general of the council of europe shall notify the member states of the council of europe, the non-member states enjoying observer status with the council of europe, the european union, and any state having been invited to sign this convention in accordance with the provisions of article 28, of:a. any signature;b. the deposit of any instrument of ratification, acceptance or approval;c. any date of entry into force of this convention in accordance with article 28;d. any amendment adopted in accordance with article 27 and the date on which such an amendment enters into force;e. any reservation and withdrawal of reservation made in pursuance of article 30;f. any denunciation made in pursuance of the provisions of article 32;g. any other act, notification or communication relating to this convention.signaturesin witness whereof the undersigned, being duly authorised thereto, have signed this convention.done in santiago de compostela, this 25th day of march 2015, in english and in french, both texts being equally authentic, in a single copy which shall be deposited in the archives of the council of europe. the secretary general of the council of europe shall transmit certified copies to each member state of the council of europe, to the non-member states which enjoy observer status with the council of europe, to the european union and to any state invited to sign this convention.(signatures follow)scope of application as of 8 december 20208 8 as 2020 6571. an updated version of the the scope of application is available on the fdfa website (www.eda.admin.ch/vertraege).contracting statesratificationentry into forcealbania 6 june2016 1 march2018croatia*16 may2019 1 september2019czech republic*21 september2017 1 march2018latvia 9 july2019 1 november2019malta 7 november2017 1 march2018moldova21 june2017 1 march2018montenegro 5 february2019 1 june2019norway12 september2017 1 march2018portugal 8 november2018 1 march2019switzerland21 october2020 1 february2021* for reservations and declarations, see below. the reservations and declarations are not published in the as. the french and english texts may be viewed on the council of europe website: www.coe.int > deutsch > mehr > vertragsbro > gesamtverzeichnis or obtained from the direktion fr vlkerrecht, sektion staatsvertrge, 3003 bern.

101english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal constitution of the swiss confederationof 18 april 1999 (status as of 7 march 2021)preamble in the name of almighty god!the swiss people and the cantons,mindful of their responsibility towards creation,resolved to renew their alliance so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world,determined to live together with mutual consideration and respect for their diversity,conscious of their common achievements and their responsibility towards future generations,and in the knowledge that only those who use their freedom remain free, and that the strength of a people is measured by the well-being of its weakest members,adopt the following constitution1:1 adopted by the popular vote on 18 april 1999 (fedd of 18 dec. 1998, fcd of 11 aug. 1999; as 1999 2556; bbl 1997 i 1, 1999 162 5986).title 1 general provisions art. 1 the swiss confederation the people and the cantons of zurich, bern, lucerne, uri, schwyz, obwalden and nidwalden, glarus, zug, fribourg, solothurn, basel stadt and basel landschaft, schaffhausen, appenzell ausserrhoden and appenzell innerrhoden, st. gallen, graubnden, aargau, thurgau, ticino, vaud, valais, neuchtel, geneva, and jura form the swiss confederation.art. 2 aims 1 the swiss confederation shall protect the liberty and rights of the people and safeguard the independence and security of the country.2 it shall promote the common welfare, sustainable development, internal cohesion and cultural diversity of the country.3 it shall ensure the greatest possible equality of opportunity among its citizens.4 it is committed to the long term preservation of natural resources and to a just and peaceful international order.art. 3 cantons the cantons are sovereign except to the extent that their sovereignty is limited by the federal constitution. they exercise all rights that are not vested in the confederation.art. 4 national languages the national languages are german, french, italian, and romansh.art. 5 rule of law 1 all activities of the state are based on and limited by law.2 state activities must be conducted in the public interest and be proportionate to the ends sought.3 state institutions and private persons shall act in good faith.4 the confederation and the cantons shall respect international law.art. 5a2 subsidiarity the principle of subsidiarity must be observed in the allocation and performance of state tasks.2 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct. 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 6 individual and collective responsibility all individuals shall take responsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of the state and society.title 2 fundamental rights, citizenship and social goals chapter 1 fundamental rights art. 7 human dignity human dignity must be respected and protected.art. 8 equality before the law 1 every person is equal before the law.2 no person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.3 men and women have equal rights. the law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. men and women have the right to equal pay for work of equal value.4 the law shall provide for the elimination of inequalities that affect persons with disabilities.art. 9 protection against arbitrary conduct and principle of good faith every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.art. 10 right to life and to personal freedom 1 every person has the right to life. the death penalty is prohibited.2 every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.3 torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.art. 10a3 ban on covering the face4* 1 no person may cover their face in public spaces or in places that are accessible to the public or where services are offered to anyone wishing to partake of them; the ban does not apply to places of worship.2 no person may force another person to cover their face on the grounds of their sex.3 the law shall provide for exceptions. these may only be justified on the grounds of health, safety, weather conditions or local custom.3 adopted by the popular vote on 7 march 2021, in force since 7 march 2021 (fedd of 19 june 2020, fcd of 31 may 2021 - as 2021 310; bbl 2017 6447; 2019 2913; 2020 5507; 2021 1185).4* with transitional provision.art. 11 protection of children and young people 1 children and young people have the right to the special protection of their integrity and to the encouragement of their development.2 they may personally exercise their rights to the extent that their power of judgement allows.art. 12 right to assistance when in need persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living.art. 13 right to privacy 1 every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications.2 every person has the right to be protected against the misuse of their personal data.art. 14 right to marry and to have a family the right to marry and to have a family is guaranteed.art. 15 freedom of religion and conscience 1 freedom of religion and conscience is guaranteed.2 every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others.3 every person has the right to join or to belong to a religious community, and to follow religious teachings.4 no person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.art. 16 freedom of expression and of information 1 freedom of expression and of information is guaranteed.2 every person has the right freely to form, express, and impart their opinions.3 every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.art. 17 freedom of the media 1 freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed.2 censorship is prohibited.3 the protection of sources is guaranteed.art. 18 freedom to use any language the freedom to use any language is guaranteed.art. 19 right to basic education the right to an adequate and free basic education is guaranteedart. 20 academic freedom freedom of research and teaching is guaranteed.art. 21 freedom of artistic expression freedom of artistic expression is guaranteed.art. 22 freedom of assembly 1 freedom of assembly is guaranteed.2 every person has the right to organise meetings and to participate or not to participate in meetings.art. 23 freedom of association 1 freedom of association is guaranteed.2 every person has the right to form, join or belong to an association and to participate in the activities of an association.3 no person may be compelled to join or to belong to an association.art. 24 freedom of domicile 1 swiss citizens have the right to establish their domicile anywhere in the country.2 they have the right to leave or to enter switzerland.art. 25 protection against expulsion, extradition and deportation 1 swiss citizens may not be expelled from switzerland and may only be extradited to a foreign authority with their consent.2 refugees may not be deported or extradited to a state in which they will be persecuted.3 no person may be deported to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment.art. 26 guarantee of ownership 1 the right to own property is guaranteed.2 the compulsory purchase of property and any restriction on ownership that is equivalent to compulsory purchase shall be compensated in full.art. 27 economic freedom 1 economic freedom is guaranteed.2 economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.art. 28 right to form professional associations 1 employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations.2 disputes must wherever possible be resolved through negotiation or mediation.3 strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.4 the law may prohibit certain categories of person from taking strike action.art. 29 general procedural guarantees 1 every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time.2 each party to a case has the right to be heard.3 any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. if it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.art. 29a5 guarantee of access to the courts in a legal dispute, every person has the right to have their case determined by a judicial authority. the confederation and the cantons may by law preclude the determination by the courts of certain exceptional categories of case.5 adopted by the popular vote on 12 march 2000, in force since 1 jan. 2007 (fedd of 8 oct. 1999, fcd of 17 may 2000, fedd of 8 march 2005; as 2002 3148, 2006 1059; bbl 1997 i 1, 1999 8633, 2000 2990, 2001 4202).art. 30 judicial proceedings 1 any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent and impartial court. ad hoc courts are prohibited.2 unless otherwise provided by law, any person against whom civil proceedings have been raised has the right to have their case decided by a court within the jurisdiction in which they reside.3 unless the law provides otherwise, court hearings and the delivery of judgments shall be in public.art. 31 deprivation of liberty 1 no person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law.2 any person deprived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. they must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed.3 any person in pre-trial detention has the right to be brought before a court without delay. the court decides whether the person must remain in detention or be released. any person in pre-trial detention has the right to have their case decided within a reasonable time.4 any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. the court shall decide as quickly as possible on the legality of their detention.art. 32 criminal proceedings 1 every person is presumed innocent until they have been found guilty by a legally enforceable judgment.2 every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. they must be given the opportunity to assert their rights to a proper defence.3 every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the federal supreme court sits at first instance.art. 33 right of petition 1 every person has the right, without prejudice, to petition the authorities.2 the authorities must acknowledge receipt of such petitions.art. 34 political rights 1 political rights are guaranteed.2 the guarantee of political rights protects the freedom of the citizen to form an opinion and to give genuine expression to his or her will.art. 35 upholding of fundamental rights 1 fundamental rights must be upheld throughout the legal system.2 whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation.3 the authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons.art. 36 restrictions on fundamental rights 1 restrictions on fundamental rights must have a legal basis. significant restrictions must have their basis in a federal act. the foregoing does not apply in cases of serious and immediate danger where no other course of action is possible.2 restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others.3 any restrictions on fundamental rights must be proportionate.4 the essence of fundamental rights is sacrosanct.chapter 2 citizenship and political rights art. 37 citizenship 1 any person who is a citizen of a commune and of the canton to which that commune belongs is a swiss citizen.2 no person may be given preferential treatment or suffer prejudice because of their citizenship. the foregoing does not apply to regulations on political rights in citizens' communes and corporations or to participation in the assets thereof, unless cantonal legislation provides otherwise.art. 38 acquisition and deprivation of citizenship 1 the confederation shall regulate the acquisition and deprivation of citizenship by birth, marriage or adoption. it shall also regulate the deprivation of swiss citizenship on other grounds, together with the reinstatement of citizenship.2 it shall legislate on the minimum requirements for the naturalisation of foreign nationals by the cantons and grant naturalisation permits.3 it shall enact simplified regulations on the naturalisation of:a. third generation immigrants;b. stateless children.66 adopted by the popular vote on 12 feb. 2017, in force since 12 feb. 2017 (fedd of 30 sept. 2016, fcd of 13 april 2017 - as 2017 2643; bbl 2015 769 1327, 2017 3387).art. 39 exercise of political rights 1 the confederation shall regulate the exercise of political rights in federal matters, and the cantons shall regulate their exercise at cantonal and communal matters.2 political rights are exercised in the commune in which a citizen resides, although the confederation and the cantons may provide for exceptions.3 no person may exercise their political rights contemporaneously in more than one canton.4 a canton may provide that a person newly registered as a resident may exercise the right to vote in cantonal and communal matters only after a waiting period of a maximum of three months of permanent settlement.art. 40 the swiss abroad 1 the confederation shall encourage relations among the swiss abroad and their relations with switzerland. it may support organisations that pursue this objective.2 it shall legislate on the rights and obligations of the swiss abroad, in particular in relation to the exercise of political rights in the confederation, the fulfilment of the obligation to perform military or alternative service, welfare support and social security.chapter 3 social objectives art. 41 1 the confederation and the cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that:a. every person has access to social security;b. every person has access to the health care that they require;c. families are protected and encouraged as communities of adults and children;d. every person who is fit to work can earn their living by working under fair conditions;e. any person seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms;f. children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities;g. children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration.2 the confederation and cantons shall endeavour to ensure that every person is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed.3 they shall endeavour to achieve these social objectives within the scope of their constitutional powers and the resources available to them.4 no direct right to state benefits may be established on the basis of these social objectives.title 3 confederation, cantons and communes chapter 1 relations between the confederation and the cantons section 1 duties of the confederation and the cantons art. 42 duties of the confederation 1 the confederation shall fulfil the duties that are assigned to it by federal constitution.2 .77 repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2008 (fedd of 3 oct. 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 43 duties of the cantons the cantons decide on the duties that they must fulfil within the scope of their powers.art. 43a8 principles for the allocation and fulfilment of state tasks 1 the confederation only undertakes tasks that the cantons are unable to perform or which require uniform regulation by the confederation.2 the collective body that benefits from a public service bears the costs thereof.3 the collective body that bears the costs of a public service may decide on the nature of that service.4 universally provided services must made be available to every person in a comparable manner.5 state tasks must be fulfilled economically and in accordance with demand.8 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).section 2 cooperation between the confederation and the cantons art. 44 principles 1 the confederation and the cantons shall support each other in the fulfilment of their duties and shall generally cooperate with each other.2 they owe each other a duty of consideration and support. they shall provide each other with administrative assistance and mutual judicial assistance.3 disputes between cantons or between cantons and the confederation shall wherever possible be resolved by negotiation or mediation.art. 45 participation in federal decision-making 1 in the cases specified by the federal constitution, the cantons shall participate in the federal decision making process, and in particular in the legislative process.2 the confederation shall inform the cantons of its intentions fully and in good time. it shall consult the cantons where their interests are affected.art. 46 implementation of federal law 1 the cantons shall implement federal law in accordance with the federal constitution and federal legislation.2 the confederation and the cantons may together agree that the cantons should achieve specific goals in the implementation of federal law and may to this end conduct programmes that receive financial support from the confederation.93 the confederation shall allow the cantons all possible discretion to organise their own affairs and shall take account of cantonal particularities.109 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).10 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 47 autonomy of the cantons 1 the confederation shall respect the autonomy of the cantons.2 it shall leave the cantons sufficient tasks of their own and respect their organisational autonomy. it shall leave the cantons with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks.1111 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 48 intercantonal agreements 1 the cantons may enter into agreements with each other and establish common organisations and institutions. in particular, they may jointly undertake tasks of regional importance together.2 the confederation may participate in such organisations or institutions within the scope of its powers.3 agreements between cantons must not be contrary to the law, to the interests of the confederation or to the rights of other cantons. the confederation must be notified of such agreements.4 the cantons may by intercantonal agreement authorise intercantonal bodies to issue legislative provisions that implement an intercantonal agreement, provided the agreement:a. has been approved under the same procedure that applies to other legislation;b. determines the basic content of the provisions.125 the cantons shall comply with intercantonal law.1312 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).13 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 48a14 declaration of general application and requirement of participation 1 at the request of interested cantons, the confederation may declare intercantonal agreements to be generally binding or require cantons to participate in intercantonal agreements in the following fields:a. the execution of criminal penalties and measures;b.15 school education in the matters specified in article 62 paragraph 4;c.16 cantonal institutions of higher education;d. cultural institutions of supra-regional importance;e. waste management;f. waste water treatment;g. urban transport;h. advanced medical science and specialist clinics;i. institutions for the rehabilitation and care of invalids.2 a declaration of general application is made in the form of a federal decree.3 the law shall specify the requirements for a declaration of general application and for a participation requirement and regulate the procedure.14 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).15 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).16 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 49 precedence of and compliance with federal law 1 federal law takes precedence over any conflicting provision of cantonal law.2 the confederation shall ensure that the cantons comply with federal law.section 3 communes art. 50 1 the autonomy of the communes is guaranteed in accordance with cantonal law.2 the confederation shall take account in its activities of the possible consequences for the communes.3 in doing so, it shall take account of the special position of the cities and urban areas as well as the mountain regions.section 4 federal guarantees art. 51 cantonal constitutions 1 each canton shall adopt a democratic constitution. this requires the approval of the people and must be capable of being revised if the majority of those eligible to vote so request.2 each cantonal constitution shall require the guarantee of the confederation. the confederation shall guarantee a constitution provided it is not contrary to federal law.art. 52 constitutional order 1 the confederation shall protect the constitutional order of the cantons.2 it shall intervene when public order in a canton is disrupted or under threat and the canton in question is not able to maintain order alone or with the aid of other cantons.art. 53 number and territory of the cantons 1 the confederation shall protect the existence and territory of the cantons.2 any change in the number of cantons requires the consent of the citizens and the cantons concerned together with the consent of the people and the cantons.3 any change in territory between cantons requires the consent both of the cantons concerned and of their citizens as well as the approval of the federal assembly in the form of a federal decree.4 inter-cantonal boundary adjustments may be made by agreement between the cantons concerned.chapter 2 powers section 1 relations with foreign states art. 54 foreign relations 1 foreign relations are the responsibility of the confederation.2 the confederation shall ensure that the independence of switzerland and its welfare is safeguarded; it shall in particular assist in the alleviation of need and poverty in the world and promote respect for human rights and democracy, the peaceful co-existence of peoples as well as the conservation of natural resources.3 it shall respect the powers of the cantons and protect their interests.art. 55 participation of the cantons in foreign policy decisions 1 the cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests.2 the confederation shall inform the cantons fully and in good time and shall consult with them.3 the views of the cantons are of particular importance if their powers are affected. in such cases, the cantons shall participate in international negotiations in an appropriate manner.art. 56 relations between the cantons and foreign states 1 a canton may conclude treaties with foreign states on matters that lie within the scope of its powers.2 such treaties must not conflict with the law or the interests of the confederation, or with the law of any other cantons. the canton must inform the confederation before concluding such a treaty.3 a canton may deal directly with lower ranking foreign authorities; in other cases, the confederation shall conduct relations with foreign states on behalf of a canton.section 2 security, national defence, civil defence art. 57 security 1 the confederation and the cantons shall within the scope of their powers ensure the security of the country and the protection of the population.2 they shall coordinate their efforts in the area of internal security.art. 58 armed forces 1 switzerland shall have armed forces. in principle, the armed forces shall be organised as a militia.2 the armed forces serve to prevent war and to maintain peace; they defend the country and its population. they shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. further duties may be provided for by law.3 the deployment of the armed forces is the responsibility of the confederation.1717 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 59 military service and alternative service 1 every swiss man is required to do military service. alternative civilian service shall be provided for by law.2 military service is voluntary for swiss women.3 any swiss man who does not do military or alternative service is liable to pay a tax. this tax is levied by the confederation and assessed and collected by the cantons.4 the confederation shall legislate for fair compensation for loss of income.5 persons who suffer damage to their health or lose their lives while doing military or alternative civilian service are entitled to appropriate support from the confederation, whether for themselves or for their next of kin.art. 60 armed forces organisation, training and equipment 1 armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of the confederation.2 .183 the confederation may, in return for appropriate compensation, take over the running of cantonal military installations18 repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 61 civil defence 1 the legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the confederation.2 the confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies.3 it may declare civil defence service to be compulsory for men. for women, such service is voluntary.4 the confederation shall legislate on fair compensation for loss of income.5 persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the confederation, whether for themselves or for their next of kin.section 3 education, research and culture art. 61a19 swiss education area 1 the confederation and the cantons shall, within the scope of their powers, jointly ensure the high quality and accessibility of the swiss education area.2 they shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures.3 they shall ensure in the fulfilment of their duties20 that general and vocational courses of study achieve equal recognition in society.19 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).20 revised by the editing committee of the federal assembly, art. 58 para. 1 parla (sr 171.10).art. 62 school education21* 1 the cantons are responsible for the system of school education.2 they shall ensure the provision of an adequate basic education that is available to all children. basic education is mandatory and is managed or supervised by the state. at state schools it is free of charge.223 the cantons shall ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20.234 where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and compulsory school attendance, the duration and objectives of levels of education, and the transition for one level to another, as well as the recognition of qualifications, the confederation shall issue regulations to achieve such harmonisation.245 the confederation shall regulate the start of the school year.256 the cantons shall participate in the drafting of federal legislation on school education that affects cantonal responsibilities, and special account shall be taken of their opinions.2621* with transitional provision.22 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).23 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).24 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).25 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).26 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 6327 vocational and professional education and training 1 the confederation shall issue regulations on vocational and professional education and training.2 it shall encourage the provision of a diverse and accessible range of courses in vocational and professional education and training.27 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 63a28 higher education institutions 1 the confederation shall manage the federal institutes of technology. it may establish, take over or manage additional universities and other higher education institutions.2 it shall support the cantonal universities and may make financial contributions to other higher education institutions that it recognises.3 the confederation and the cantons are jointly responsible for the coordination and guarantee of quality in swiss higher education. in fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions with the same functions.4 in order to fulfil their duties, the confederation and the cantons shall enter into agreements and delegate certain powers to joint administrative authorities. the law shall regulate the powers that may be delegated, and determine the principles governing the organisation of and procedures for coordination.5 if the confederation and the cantons fail to reach their common goals by means of coordination, the confederation shall issue regulations on levels of studies and the transition from one level to another, on postgraduate education and on the recognition of institutions and qualifications. in addition, the confederation may impose standard funding principles for subsidising of universities, and may make subsidies contingent on universities sharing particularly cost-intensive activities.28 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 64 research 1 the confederation shall promote scientific research and innovation.292 it may make its support conditional in particular on quality assurance and coordination being guaranteed.303 it may establish, take over or run research institutes.29 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).30 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 64a31 continuing education and training 1 the confederation shall specify principles governing continuing education and training.2 it may promote continuing education and training.3 the law shall specify the fields of and the criteria for such promotion.31 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 65 statistics 1 the confederation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land and the environment in switzerland.322 it may issue regulations on the harmonisation and maintenance of official registers in order to reduce the cost of compiling data.32 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 66 education grants33 1 the confederation may contribute to cantonal expenditure on grants provided to students at universities and higher education institutions. it may encourage the intercantonal harmonisation of education grants and lay down principles for the payment of education grants.342 it may also supplement cantonal measures while preserving cantonal autonomy in education matters by taking its own measures to promote education.33 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).34 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 67 encouragement of children and young people35 1 in fulfilling their duties, the confederation and cantons shall take account of the special need of children and young people to receive encouragement and protection.2 the confederation may supplement cantonal measures by supporting extra-curricular work with children and young people.3635 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).36 adopted by the popular vote on 21 may 2006, in force since 21 may 2006 (fedd of 16 dec. 2005, fcd of 27 july 2006; as 2006 3033; bbl 2005 5479 5547 7273, 2006 6725).art. 67a37 musical education 1 the confederation and cantons shall encourage musical education, in particular that of children and young people.2 they shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. if the cantons are unable to harmonise the goals of music teaching in schools by means of coordination, the confederation shall issue the required regulations.3 in consultation with the cantons, the confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons.37 adopted by the popular vote on 23 sept. 2012, in force since 23 sept. 2012 (fedd of 15 march 2012, fcd of 29 jan. 2013; as 2013 435; bbl 2009 613, 2010 1, 2012 3443 6899, 2013 1135).art. 68 sport 1 the confederation shall encourage sport, and in particular education in sport.2 it shall operate a sports school.3 it may issue regulations on sport for young people and declare the teaching of sport in schools to be compulsory.art. 69 culture 1 cultural matters are a cantonal responsibility.2 the confederation may support cultural activities of national interest as well as art and music, in particular in the field of education.3 in the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country.art. 70 languages 1 the official languages of the confederation are german, french and italian. romansh is also an official language of the confederation when communicating with persons who speak romansh.2 the cantons shall decide on their official languages. in order to preserve harmony between linguistic communities, the cantons shall respect the traditional territorial distribution of languages and take account of indigenous linguistic minorities.3 the confederation and the cantons shall encourage understanding and exchange between the linguistic communities.4 the confederation shall support the plurilingual cantons in the fulfilment of their special duties.5 the confederation shall support measures by the cantons of graubnden and ticino to preserve and promote the romansh and the italian languages.art. 71 cinema 1 the confederation may encourage swiss film production and film culture.2 it may issue regulations to promote the diversity and the quality of the cinematographic works that are offered.art. 72 church and state 1 the regulation of the relationship between the church and the state is the responsibility of the cantons.2 the confederation and the cantons may within the scope of their powers take measures to preserve public peace between the members of different religious communities.3 the construction of minarets is prohibited.3838 adopted by the popular vote on 29 nov. 2009, in force since 29 nov. 2009 (fedd of 12 june 2009, fcd of 5 may 2010; as 2010 2161; bbl 2008 6851 7603, 2009 4381, 2010 3437).section 4 environment and spatial planning art. 73 sustainable development the confederation and the cantons shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population.art. 74 protection of the environment 1 the confederation shall legislate on the protection of the population and its natural environment against damage or nuisance.2 it shall ensure that such damage or nuisance is avoided. the costs of avoiding or eliminating such damage or nuisance are borne by those responsible for causing it.3 the cantons are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the confederation.art. 75 spatial planning 1 the confederation shall lay down principles on spatial planning. these principles are binding on the cantons and serve to ensure the appropriate and economic use of the land and its properly ordered settlement.2 the confederation shall encourage and coordinate the efforts of the cantons and shall cooperate with them.3 confederation and cantons shall take account of the requirements of spatial planning in fulfilling their duties.art. 75a39 national land survey 1 the national land survey is the responsibility of the confederation.2 the confederation shall issue regulations on official surveying.3 it may issue regulations on the harmonisation of official information relating to the land.39 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 75b40 second homes41* 1 no more than 20 per cent of the total stock of residential units and the gross residential floor area in any commune may be used as second homes.2 the law shall require communes to publish their first home percentage plan and a detailed report on its implementation every year.40 adopted by the popular vote on 11 march 2012, in force since 11 march 2012 (fedd of 17 june 2011, fcd of 20 june 2012; as 2012 3627; bbl 2008 1113 8757, 2011 4825, 2012 6623).41* with transitional provision.art. 76 water 1 the confederation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water.2 it shall lay down principles on the conservation and exploitation of water resources, the use of water for the production of energy and for cooling purposes, as well as on other measures affecting the water-cycle.3 it shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation.4 the cantons shall manage their water resources. they may levy charges for the use of water, subject to the limits imposed by federal legislation. the confederation has the right to use water for its transport operations subject to payment of a charge and compensation.5 the confederation, in consultation with the cantons concerned, shall decide on rights to international water resources and the charges for them. if cantons are unable to agree on rights to intercantonal water resources, the confederation shall decide.6 the confederation shall take account of the concerns of the cantons where the water originates in fulfilling its duties.art. 77 forests 1 the confederation shall ensure that the forests are able to fulfil their protective, commercial and public amenity functions.2 it shall lay down principles on the protection of the forests.3 it shall encourage measures for the conservation of the forests.art. 78 protection of natural and cultural heritage 1 the protection of natural and cultural heritage is the responsibility of the cantons.2 in the fulfilment of its duties, the confederation shall take account of concerns for the protection of natural and cultural heritage. it shall protect the countryside and places of architectural, historical, natural or cultural interest; it shall preserve such places intact if required to do so in the public interest.3 it may support efforts made for the protection of natural and cultural heritage and acquire or preserve properties of national importance by contract or through compulsory purchase.4 it shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. it shall protect endangered species from extinction.5 moors and wetlands of special beauty and national importance shall be preserved. no buildings may be built on them and no changes may be made to the land, except for the construction of facilities that serve the protection of the moors or wetlands or their continued use for agricultural purposes.art. 79 fishing and hunting the confederation shall lay down principles on fishing and hunting and in particular on the preservation of the diversity of fish species, wild mammals and birds.art. 80 protection of animals 1 the confederation shall legislate on the protection of animals.2 it shall in particular regulate:a. the keeping and care of animals;b. experiments on animals and procedures carried out on living animals;c. the use of animals;d. the import of animals and animal products;e. the trade in animals and the transport of animals;f. the killing of animals.3 the enforcement of the regulations is the responsibility of the cantons, except where the law reserves this to the confederation.section 5 public construction works and transport art. 81 public construction works the confederation may in the interests of the country as a whole or a large part of it carry out and operate public construction works, or provide support for such construction works.art. 81a42 public transport 1 the confederation and the cantons shall ensure that an adequate range of public transport services is provided on rail, roads, water and by cableway in all regions of the country. in doing so, appropriate account must be taken of the interests of rail freight transport.2 the costs of public transport shall be covered to an appropriate extent by the prices paid by users.42 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).art. 82 road transport 1 the confederation shall legislate on road transport.2 it shall exercise oversight over roads of national importance; it may decide which transit roads must remain open to traffic.3 public roads may be used free of charge. the federal assembly may authorise exceptions.art. 8343 road infrastructure 1 the confederation and the cantons shall ensure that there is adequate road infrastructure in all regions of the country.2 the confederation shall ensure the construction of a network of national highways and guarantee that they remain useable. it shall construct, operate and maintain the national highways. it shall bear the costs thereof. it may assign this task wholly or partly to public or private bodies or combined public-private bodies.43 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).art. 84 alpine transit traffic44* 1 the confederation shall protect the alpine region from the negative effects of transit traffic. it shall limit the nuisance caused by transit traffic to a level that is not harmful to people, animals and plants or their habitats.2 transalpine goods traffic shall be transported from border to border by rail. the federal council shall take the measures required. exceptions are permitted only when there is no alternative. they must be specified in detail in a federal act.3 the capacity of the transit routes in the alpine region may not be increased. this does not apply to by-pass roads that reduce the level of transit traffic in towns and villages.44* with transitional provisionart. 85 heavy vehicle charge45* 1 the confederation may levy a capacity or mileage-related charge on heavy vehicle traffic where such traffic creates public costs that are not covered by other charges or taxes.2 the net revenue from the charge shall be used to cover the costs incurred in connection with overland transport.463 the cantons are entitled to a share of the net revenue. in the assessment of the shares allocated, the particular consequences that levying the charge have for mountainous and remote regions shall be taken into account.45* with transitional provision46 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).art. 85a47 charge for using the national highways the confederation shall levy a charge for the use of the national highways by motor vehicles and trailers that are not liable to pay the heavy vehicle charge.47 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).art. 8648 use of charges for tasks and costs in connection with road transport49* 1 a fund shall be set up to finance the national highways and contributions towards measures to improve the road transport infrastructure in cities and urban areas.2 the following monies shall be allocated to the fund:a. the net proceeds of the national highways charge in accordance with article 85a;b. the net proceeds of the special consumption tax in accordance with article 131 paragraph 1 letter d;c. the net proceeds of the surcharge in accordance with article 131 paragraph 2 letter a;d. the net proceeds of the charge in accordance with article 131 paragraph 2 letter b;e. a percentage of the net proceeds from the consumption tax on all motor fuels, with the exception of aviation fuels, in accordance with article 131 paragraph 1 letter e; this shall amount to 9 per cent each of the net proceeds under letter c and 9 per cent of one half of the net proceeds of the consumption tax on all motor fuels, with the exception of aviation fuels, but no more than 310 million francs per year; the indexation of this amount shall be regulated by law;f. in general, 10 per cent of the net proceeds of consumption tax on all motor fuels, with the exception of aviation fuels, in accordance with article 131 paragraph 1 letter e;g. the proceeds to cover additional expenditure on new sections of the national highways from the special finance programme in accordance with paragraph 3 letter g and from contributions made by the cantons:h. other monies allocated by law in connection with road transport.3 a special finance programme shall be administered for the following tasks and costs in connection with road transport:a. contributions towards measures to promote combined transport and the transport of motor vehicles and drivers;b. contributions towards the cost of main roads;c. contributions towards protective structures to prevent natural disasters and measures to protect the environment and countryside from the effects of road traffic;d. general contributions towards the costs incurred by the cantons for roads open to motor vehicles;e. contributions to cantons without national highways;f. research and administration;g. contributions to the fund in accordance with paragraph 2 letter g.4 the special finance programme shall be allocated one half of the net proceeds of the consumption tax on all motor fuels, with the exception of aviation fuels, in accordance with article 131 paragraph 1 letter e, under deduction of the monies under paragraph 2 letter e.5 where the special finance programme has a proven need and in order to form appropriate reserves in the special finance programme, proceeds from the consumption tax in accordance with article 131 paragraph 1 letter d shall be allocated to the special finance programme instead of the fund.48 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018, para. 2 let. g and 3 let. g in force since 1 jan. 2020 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).49* with transitional provision.art. 87 railways and other modes of transport50* the legislation on rail transport, cableways, shipping, aviation and space travel is the responsibility of the confederation.50* with transitional provisionart. 87a51 railway infrastructure52* 1 the confederation shall bear the principal burden of financing railway infrastructure.2 railway infrastructure shall be financed from a fund. the following resources shall be allocated to the fund:a. a maximum of two thirds of the revenue from the heavy vehicle charge under article 85;b. the revenue from the increase in value added tax under article 130 paragraph 3bis;c. 2.0 per cent of the receipts from the direct federal taxation of private individuals;d. 2,300 million francs each year from the general federal budget; the indexation of this amount shall be regulated by law.3 the cantons shall participate appropriately in the financing of railway infrastructure. the details shall be regulated by law.4 the law may provide for additional financing from third parties.51 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).52* with transitional provision.art. 87b53 use of charges for tasks and costs in connection with air traffic one half of the net proceeds of the consumption tax on aviation fuels and the surcharge on the consumption tax on aviation fuels shall be used for the following tasks and costs in connection with air traffic:a. contributions towards environmental protection measures made necessary by air traffic;b. contributions towards security measures to protect against unlawful acts against air traffic, and in particular against terrorist attacks and the hijacking of aircraft, insofar as such measures are not the responsibility of national authorities;c. contributions towards measures to ensure a high technical level of safety in air traffic.53 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).art. 8854 footpaths, hiking trails and cycle paths 1 the confederation shall lay down principles with regard to the network of footpaths, hiking trails and cycle paths.2 it may support and coordinate measures by the cantons and third parties to construct and maintain such networks and to provide information about them. in doing so, it shall respect the powers of the cantons.3 it shall take account of these networks in the fulfilment of its duties. it shall replace paths and trails that it has to close.54 adopted by the popular vote on 23 sept. 2018, in force since 23 sept. 2018 (fedd of 13 march 2018, fcd of 21 jan. 2019 - as 2019 525; bbl 2016 1791, 2017 5901, 2018 1859, 2019 1311).section 6 energy and communications art. 89 energy policy 1 within the scope of their powers, the confederation and cantons shall endeavour to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy supply as well as the economic and efficient use of energy.2 the confederation shall establish principles on the use of local and renewable energy sources and on the economic and efficient use of energy.3 the confederation shall legislate on the use of energy by installations, vehicles and appliances. it shall encourage the development of energy technologies, in particular in the fields of saving energy and the renewable energy sources.4 the cantons shall be primarily responsible for measures relating to the use of energy in buildings.5 the confederation shall take account in its energy policy of the efforts made by the cantons, the communes and the business community; it shall take account of the conditions in the individual regions of the country and the limitations of what is economically feasible.art. 90 nuclear energy55* the confederation is responsible for legislation in the field of nuclear energy.55* with transitional provisionart. 91 transport of energy 1 the confederation shall legislate on the transport and the supply of electrical energy.2 the confederation is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels.art. 92 postal and telecommunications services 1 the confederation is responsible for postal and telecommunications services.2 the confederation shall ensure the adequate, universal and reasonably priced provision of postal and telecommunications services in all regions of the country. the rates shall be fixed according to standard principles.art. 93 radio and television 1 the confederation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information.2 radio and television shall contribute to education and cultural development, to the free shaping of opinion and to entertainment. they shall take account of the particularities of the country and the needs of the cantons. they shall present events accurately and allow a diversity of opinions to be expressed appropriately.3 the independence of radio and television as well as their autonomy in deciding on programming is guaranteed.4 account must be taken of the role and duties of other media, in particular the press.5 complaints about programmes may be submitted to an independent complaints authority.section 7 the economy art. 94 principles of the economic system 1 the confederation and the cantons shall abide by the principle of economic freedom.2 they shall safeguard the interests of the swiss economy as a whole and, together with the private sector, shall contribute to the welfare and economic security of the population.3 they shall endeavour within the scope of their powers to create favourable general conditions for the private sector.4 any divergence from the principle of economic freedom, and in particular measures designed to restrain competition, shall be permitted only if they are provided for in the federal constitution or based on cantonal monopoly rights.art. 95 professional activities in the private sector56* 1 the confederation may legislate on professional activities in the private sector.2 it shall seek to create a unified swiss economic area. it shall guarantee that persons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a canton are able to practise their profession throughout switzerland.3 for the protection of the economy, private property and shareholders, and to guarantee sustainable corporate governance, the law shall regulate swiss companies limited by shares listed on stock exchanges in switzerland or abroad in accordance with the following principles:a. the general meeting votes on an annual basis on the total amount of all remuneration (money and the value of benefits in kind) given to the board of directors, the executive board and the board of advisors. it elects on an annual basis the president of the board of directors, the individual members of the board of directors and the remuneration committee, and the independent representatives of voting rights. pension funds vote in the interests of their insured members and disclose how they have voted. shareholders may vote remotely online; they may not be represented by a governing officer of the company or by a custodian bank;b. the governing officers may not be given severance or similar payments, advance payments, bonuses for company purchases and sales, additional contracts as consultants to or employees of other companies in the group. the management of the company may not be delegated to a legal entity;c. the articles of association regulate the amount of credits, loans and pensions payable to governing officers, their profit-sharing and equity participation plans and the number of mandates they may accept outside the group, as well as the duration of employment contracts of members of the executive board;d. persons violating the provisions under letters a-c are liable to a custodial sentence not exceeding three years and to a monetary penalty not exceeding six times their annual remuneration.5756* with transitional provision57 adopted by the popular vote on 3 march 2013, in force since 3 march 2013 (fcd of 15 nov. 2012 and 30 april 2013; as 2013 1303; bbl 2006 8755, 2008 2577, 2009 299, 2012 9219, 2013 3129).art. 96 competition policy 1 the confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition.2 it shall take measures:a. to prevent abuses in price maintenance by dominant undertakings and private and public law organisations;b. against unfair competition.art. 97 consumer protection 1 the confederation shall take measures to protect consumers.2 it shall legislate on the legal remedies available to consumer organisations. these organisations shall have the same rights under the federal legislation on unfair competition as professional and trade associations.3 the cantons shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. the federal council determines this sum.art. 98 banks and insurance companies 1 the confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the special function and role of the cantonal banks.2 it may legislate on financial services in other fields.3 it shall legislate on private insurance.art. 99 monetary policy 1 the confederation is responsible for money and currency; the confederation has the exclusive right to issue coins and banknotes.2 the swiss national bank, as an independent central bank, shall pursue a monetary policy that serves the overall interests of the country; it shall be administered with the cooperation and under the supervision of the confederation.3 the swiss national bank shall create sufficient currency reserves from its revenues; part of these reserves shall be held in gold.4 a minimum of two thirds of the net profits made by the swiss national bank shall be allocated to the cantons.art. 100 economic policy 1 the confederation shall take measures to achieve balanced economic development, and in particular to prevent and combat unemployment and inflation.2 it shall take account of economic development in individual regions of the country. it shall cooperate with the cantons and the business community.3 in the field of money and banking, in foreign economic affairs and in the field of public finance, the confederation may if necessary depart from the principle of economic freedom.4 the confederation, the cantons and the communes shall take account of the economic situation in their revenue and expenditure policies.5 to stabilise the economic situation, the confederation may temporarily levy surcharges or grant rebates on federal taxes and duties. the accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs.6 the confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this purpose grant tax concessions and may require the cantons to do the same. following the release of the reserves, businesses shall be free to decide how the funds are applied within the scope of the uses permitted by law.art. 101 foreign economic policy 1 the confederation shall safeguard the interests of the swiss economy abroad.2 in special cases, it may take measures to protect the domestic economy. in doing so, it may if necessary depart from the principle of economic freedom.art. 102 national economic supply58* 1 the confederation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. it shall take precautionary measures to address these matters.2 in exercising its powers under this article, it may if necessary depart from the principle of economic freedom.58* with transitional provisionart. 103 structural policy59* the confederation may support regions of the country that are under economic threat and promote specific economic sectors and professions, if reasonable self-help measures are insufficient to ensure their existence. in exercising its powers under this article, it may if necessary depart from the principle of economic freedom.59* with transitional provisionart. 104 agriculture 1 the confederation shall ensure that the agricultural sector, by means of a sustainable and market oriented production policy, makes an essential contribution towards:a. the reliable provision of the population with foodstuffs;b. the conservation of natural resources and the upkeep of the countryside;c. decentralised population settlement of the country.2 in addition to the self-help measures that can reasonably be expected in the agriculture sector and if necessary in derogation from the principle of economic freedom, the confederation shall support farms that cultivate the land.3 the confederation shall organise measures in such a manner that the agricultural sector fulfils its multi-functional duties. it has in particular the following powers and duties:a. supplementing revenues from agriculture by means of direct subsidies in order to achieve of fair and adequate remuneration for the services provided, subject to proof of compliance with ecological requirements;b. encouraging by means of economically advantageous incentives methods of production that are specifically near-natural and respectful of both the environment and livestock;c. legislating on declarations of origin, quality, production methods and processing procedures for foodstuffs;d. protecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals and other auxiliary agents;e. at its discretion, encouraging agricultural research, counselling and education and subsidise investments;f. at its discretion, legislating on the consolidation of agricultural property holdings.4 for these purposes, the confederation shall provide both funds earmarked for the agricultural sector and general federal funds.art. 104a60 food security in order to guarantee the supply of food to the population, the confederation shall create the conditions required for:a. safeguarding the basis for agricultural production, and agricultural land in particular;b. food production that is adapted to local conditions and which uses natural resources efficiently;c. an agriculture and food sector that responds to market requirements;d. cross-border trade relations that contribute to the sustainable development of the agriculture and food sector;e. using food in a way that conserves natural resources.60 adopted by the popular vote on 24. sept. 2017, in force since 24 sept. 2017 (fedd of 14 march 2017, fcd of 30 nov. 2017 - as 2017 6735; bbl 2014 6135, 2015 5753, 2017 2495 7829).art. 105 alcohol the legislation on the manufacture, import, rectification and sale of alcohol obtained by distillation is the responsibility of the confederation. the confederation shall in particular take account of the harmful effects of alcohol consumption.art. 10661 gambling 1 the confederation shall legislate on gambling; in doing so it shall take account of cantonal interests.2 a licence from the confederation is required in order to establish and operate a casino. in granting such a licence, the confederation shall take account of regional circumstances. it shall levy a revenue-related tax on casinos; this tax must not exceed 80 per cent of the gross revenues from gambling. it shall be used to fund the old-age, survivors' and invalidity insurance.3 the cantons are responsible for granting licences for and supervising the following:a. gambling activities that are available to an unlimited number of people, are offered at more than one location and which are based on the same random draw or a similar procedure; the foregoing does not apply to the jackpot systems in casinos;b. betting on sports;c. games of skill.4 paragraphs 2 and 3 also apply to telecommunications-based gambling.5 the confederation and the cantons shall take account of the dangers of gambling. they shall ensure that appropriate protection is provided through legislation and supervisory measures and in doing so shall take account of the different characteristics of the games and the form and location of the gambling opportunity offered.6 the cantons shall ensure that the net revenues from gambling in accordance with paragraph 3 letters a and b are used in their entirety for charitable purposes, in particular in the fields of culture, social projects and sport.7 the confederation and the cantons shall coordinate their efforts to fulfil their tasks. to this end the law shall establish a joint body, one half of whose members shall be from the federal implementing bodies and the other half from the cantonal implementing bodies.61 adopted by the popular vote on 11 march 2012, in force since 11 march 2012 (fedd of 29 sept. 2011, fcd of 20 june 2012; as 2012 3629; bbl 2009 7019, 2010 7961, 2012 6623).art. 107 weapons and war material 1 the confederation shall legislate against misuse of weapons and their accessories and ammunition.2 it shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material.section 8 housing, employment, social security and health art. 108 construction of housing and home ownership 1 the confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing.2 it shall encourage in particular the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs.3 it may legislate on the development of land for housing construction and on increasing the efficiency of construction.4 in doing so, it shall take particular account of the interests of families, elderly persons, persons on low incomes and persons with disabilities.art. 109 landlord and tenant 1 the confederation shall legislate against abuses in tenancy matters, and in particular against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases.2 it may legislate to declare framework leases to be generally applicable. such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and respect the principle of equality before the law.art. 110 employment62* 1 the confederation may legislate on:a. employee protection;b. relations between employer and employee, and in particular on common regulations on operational and professional matters;c. recruitment services;d. the declaration of collective employment agreements to be generally applicable.2 collective employment agreements may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and they respect the principle of equality before the law and the right to form professional associations.3 august 1 is the national day of the swiss confederation. in terms of employment law, it is regarded as equivalent to a sunday, with equivalent rights to pay.62* with transitional provisionart. 111 old-age, survivors' and invalidity pension provision 1 the confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. these shall be based on three pillars, namely the federal old-age, survivors' and invalidity insurance, the occupational pension scheme and private pension schemes.2 the confederation shall ensure that the federal old-age, survivors' and invalidity insurance and the occupational pension scheme are able to fulfil their purpose at all times.3 it may require the cantons to exempt institutions of the federal old-age, survivors' and invalidity insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.4 in cooperation with the cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership.art. 112 old-age, survivors' and invalidity insurance 1 the confederation shall legislate on the old-age, survivors and invalidity insurance.2 in doing so, it shall adhere to the following principles:a. the insurance is compulsory;abis.63 it provides cash and non-cash benefits;b. pensions must be sufficient to cover basic living expenses adequately;c. the maximum pension must not be more than twice the minimum pension;d. pensions must as a minimum be adjusted in line with price trends.3 the insurance is funded:a. through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;b.64 through subsidies from the confederation.4 the subsidies from the confederation may not exceed one half of the disbursements made under the scheme.65.5 the subsidies from the confederation shall in the first place be funded from the net proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues from gaming houses.6 .6663 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct. 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).64 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct. 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).65 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct. 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).66 repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 112a67 supplementary benefits 1 confederation and cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the old-age, survivors and invalidity insurance.2 the law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the confederation and cantons.67 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct. 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 112b68 promoting the rehabilitation of people eligible for invalidity benefits69* 1 the confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. for this purpose, it may use resources from the invalidity insurance.2 the cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work.3 the law determines the goals of rehabilitation and the principles and criteria.68 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).69* with transitional provision.art. 112c70 aid for elderly people and people with disabilities71* 1 the cantons shall provide for assistance and care in the home for elderly people and people with disabilities.2 the confederation shall support national efforts for the benefit of elderly people and people with disabilities. for this purpose, it may use resources from the old-age, survivors and invalidity insurance.70 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).71* with transitional provision.art. 113 occupational pension scheme72* 1 the confederation shall legislate for an occupational pension scheme.2 in doing so, it shall adhere to the following principles:a. the occupational pension scheme, together with the old-age, survivors' and invalidity insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.b. the occupational pension scheme is compulsory for employees; the law may provide for exceptions.c. employers shall insure their employees with a pension institution; if required, the confederation shall make it possible for employees to be insured with a federal pension institution.d. self-employed persons may insure themselves on a voluntary basis with a pension institution.e. for specific groups of self-employed persons, the confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.3 the occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees.4 pension schemes must satisfy the minimum requirements under federal law; the confederation may provide for national measures to resolve particular difficulties.72* with transitional provisionart. 114 unemployment insurance 1 the confederation shall legislate on unemployment insurance.2 in doing so, it shall adhere to the following principles:a. the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment;b. the insurance is compulsory for employees; the law may provide for exceptions;c. self-employed persons may insure themselves voluntarily.3 the insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers.4 confederation and cantons shall provide subsidies in extraordinary circumstances.5 the confederation may enact regulations on social assistance for the unemployed.art. 115 support for persons in need persons in need shall be supported by their canton of residence. the confederation regulates exceptions and powers.art. 116 child allowances and maternity insurance 1 in the fulfilment of its duties, the confederation shall take account of the needs of families. it may support measures for the protection of families.2 it may issue regulations on child allowances and operate a federal family allowances compensation fund.3 it shall establish a maternity insurance scheme. it may also require persons who cannot benefit from that insurance to make contributions.4 the confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the cantons.art. 117 health and accident insurance 1 the confederation shall legislate on health and accident insurance.2 it may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.art. 117a73 primary medical care 1 the confederation and the cantons shall within the scope of their powers ensure the adequate provision of high quality primary medical care that is accessible to all. they shall recognise and promote family medicine as an essential component of primary care.2 the confederation shall legislate on:a. basic and continuing education and training for family medicine professions and the requirements for practising these professions;b. appropriate remuneration for family medicine services.73 adopted by the popular vote on 18 may 2014, in force since 18 may 2014 (fedd of 19 sept. 2013, fcd of 18 aug. 2014; as 2014 2769; bbl 2010 2939, 2011 7553, 2013 7347, 2014 6349).art. 118 health protection 1 the confederation shall, within the limits of its powers, take measures for the protection of health.2 it shall legislate on:a. the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health;b. the combating of communicable, widespread or particularly dangerous human and animal diseases;c. protection against ionising radiation.art. 118a74 complementary medicine the confederation and the cantons shall within the scope of their powers ensure that consideration is given to complementary medicine.74 adopted by the popular vote on 17 may 2009, in force since 17 may 2009 (fedd of 3 oct. 2008, fcd of 21 oct. 2009; as 2009 5325; bbl 2005 6001, 2006 7591, 2008 8229, 2009 7539).art. 118b75 research on human beings 1 the confederation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. in doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society.2 the confederation shall adhere to the following principles in relation to biological and medical research involving human beings:a. it is a requirement for any research project that the participants or their legal representatives have given their informed consent. the law may provide for exceptions. a refusal is binding in every case.b. the risks and stress for the participants must not be disproportionate to the benefits of the research project.c. a research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. if the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.d. an independent assessment of the research project must have determined that the safety of the participants is guaranteed.75 adopted by the popular vote on 7 march 2010, in force since 7 march 2010 (fedd of 25 sept. 2009, fcd of 15 april 2010; as 2010 1569; bbl 2007 6713, 2009 6649, 2010 2625).art. 119 reproductive medicine and gene technology involving human beings 1 human beings shall be protected against the misuse of reproductive medicine and gene technology.2 the confederation shall legislate on the use of human reproductive and genetic material. in doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere in particular to the following principles:a. all forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.b. non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.c.76 the procedures for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman's body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman's body than are required for medically-assisted reproduction.d. the donation of embryos and all forms of surrogate motherhood are unlawful.e. the trade in human reproductive material and in products obtained from embryos is prohibited.f. the genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides.g. every person shall have access to data relating to their ancestry.76 adopted by the popular vote on 14 june 2015, in force since 14 june 2015 (fedd of 12 dec. 2014, fcd of 21 aug. 2015; as 2015 2887; bbl 2013 5853, 2014 9675, 2015 6313).art. 119a77 transplant medicine 1 the confederation shall legislate in the field of organ, tissue and cell transplants. in doing so, it shall ensure the protection of human dignity, privacy and health.2 it shall in particular lay down criteria for the fair allocation of organs.3 any donation of human organs, tissue and cells must be free of charge. the trade in human organs is prohibited.77 adopted by the popular vote on 7 feb. 1999, in force since 1 jan 2000 (fedd of 26 june 1998, fcd of 23 march 1999; as 1999 1341; bbl 1997 iii 653, 1998 3473, 1999 2912 8768).art. 120 non-human gene technology78* 1 human beings and their environment shall be protected against the misuse of gene technology.2 the confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. in doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species.78* with transitional provisionsection 9 residence and permanent settlement of foreign nationals art. 121 legislation on foreign nationals and asylum79* 80 1 the confederation is responsible for legislation on entry to and exit from switzerland, the residence and the permanent settlement of foreign nationals and on the granting of asylum.2 foreign nationals may be expelled from switzerland if they pose a risk to the security of the country.3 irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in switzerland if they:a. are convicted with legal binding effect of an offence of intentional homicide, rape or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burglary offence; orb. have improperly claimed social insurance or social assistance benefits.814 the legislature shall define the offences covered by paragraph 3 in more detail. it may add additional offences.825 foreign nationals who lose their right of residence and all other legal rights to remain in switzerland in accordance with paragraphs 3 and 4 must be deported from switzerland by the competent authority and must be made subject to a ban on entry of from 5-15 years. in the event of reoffending, the ban on entry is for 20 years.836 any person who fails to comply with the ban on entry or otherwise enters switzerland illegally commits an offence. the legislature shall issue the relevant provisions.8479* with transitional provision.80 adopted by the popular vote on 9 feb. 2014, in force since 9 feb. 2014 (fedd of 27 sept. 2013, fcd of 13 may 2014; as 2014 1391; bbl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).81 adopted by the popular vote on 28 nov. 2010, in force since 28 nov. 2010 (fedd of 18 june 2010, fcd of 17 march 2011; as 2011 1199; bbl 2008 1927, 2009 5097, 2010 4241, 2011 2771).82 adopted by the popular vote on 28 nov. 2010, in force since 28 nov. 2010 (fedd of 18 june 2010, fcd of 17 march 2011; as 2011 1199; bbl 2008 1927, 2009 5097, 2010 4241, 2011 2771).83 adopted by the popular vote on 28 nov. 2010, in force since 28 nov. 2010 (fedd of 18 june 2010, fcd of 17 march 2011; as 2011 1199; bbl 2008 1927, 2009 5097, 2010 4241, 2011 2771).84 adopted by the popular vote on 28 nov. 2010, in force since 28 nov. 2010 (fedd of 18 june 2010, fcd of 17 march 2011; as 2011 1199; bbl 2008 1927, 2009 5097, 2010 4241, 2011 2771).art. 121a85 control of immigration86* 1 switzerland shall control the immigration of foreign nationals autonomously.2 the number of residence permits for foreign nationals in switzerland shall be restricted by annual quantitative limits and quotas. the quantitative limits apply to all permits issued under legislation on foreign nationals, including those related to asylum matters. the right to permanent residence, family reunification and social benefits may be restricted.3 the annual quantitative limits and quotas for foreign nationals in gainful employment must be determined according to switzerland's general economic interests, while giving priority to swiss citizens; the limits and quotas must include cross-border commuters. the decisive criteria for granting residence permits are primarily a application from an employer, ability to integrate, and adequate, independent means of subsistence.4 no international agreements may be concluded that breach this article.5 the law shall regulate the details.85 adopted by the popular vote on 9 feb. 2014, in force since 9 feb. 2014 (fedd of 27 sept. 2013, fcd of 13 may 2014; as 2014 1391; bbl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).86* with transitional provision.section 10 civil law, criminal law, weights and measures art. 12287 civil law 1 the confederation is responsible for legislation in the field of civil law and the law of civil procedure.2 the cantons are responsible for the organisation of the courts and the administration of justice in civil matters, unless the law provides otherwise.87 adopted by the popular vote on 12 march 2000, in force since 1 jan. 2007 (fedd of 8 oct. 1999, fcd of 17 may 2000, fedd of 8 march 2005; as 2002 3148, 2006 1059; bbl 1997 i 1, 1999 8633, 2000 2990, 2001 4202).art. 12388 criminal law 1 the confederation is responsible for legislation in the field of criminal law and the law of criminal procedure.2 the cantons are responsible for the organisation of the courts, the administration of justice in criminal cases as well as for the execution of penalties and measures, unless the law provides otherwise.3 the confederation may issue regulations on the execution of penalties and measures. it may grant subsidies to the cantons for:a. the construction of penal institutions;b. improvements in the execution of penalties and measures;c. institutions that conduct educative measures for the benefit of children, adolescents and young adults.8988 adopted by the popular vote on 12 march 2000, in force since 1 april 2003 (fcd of 8 oct. 1999, fcd of 17 may 2000, fcd of 24 sept. 2002; as 2002 3148; bbl 1997 i 1, 1999 8633, 2000 2990, 2001 4202).89 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 123a90 1 if a sex offender or violent offender is regarded in the reports required for sentencing as being extremely dangerous and his or her condition assessed as untreatable, he or she must be incarcerated until the end of his or her life due to the high risk of reoffending. early release and release on temporary licence are not permitted.2 only if new scientific findings prove that the offender can be cured and thus no longer represents a danger to the public can new reports be drawn up. if the offender is released on the basis of these new reports, the authorities granting his or her release must accept liability if he reoffends.3 all reports assessing sex offenders or violent offenders must be drawn up by at least two experienced specialists who are independent of each other. the reports must take account of all the principles that are important for the assessment.90 adopted by the popular vote on 8 feb. 2004, in force since 8 feb. 2004 (fedd of 20 june 2003, fcd of 21 april 2004; as 2004 2341; bbl 2000 3336, 2001 3433, 2003 4434, 2004 2199).art. 123b91 no time limit for the right to prosecute or for penalties for sexual or pornography offences involving prepubescent children the right to prosecute sexual or pornography offences involving prepubescent children and the penalties for such offences is not subject to a time limit.91 adopted by the popular vote on 30 nov. 2008, in force since 30 nov. 2008 (fedd of 13 june 2008, fcd of 23 jan. 2009; as 2009 471; bbl 2006 3657, 2007 5369, 2008 5245, 2009 605).art. 123c92 measure relating to sexual offences involving children or persons who are incapable of judgement or resistance persons convicted of harming the sexual integrity of a child or of a dependent person shall permanently lose the right to carry on a profession or voluntary activity involving minors or dependent persons.92 adopted by the popular vote on 18 may 2014, in force since 18 may 2014 (fcd of 20 feb. 2014; as 2014 2771; bbl 2009 7021, 2011 4435, 2012 8819, 2014 6349 1779).art. 124 victim support the confederation and the cantons shall ensure that persons who have suffered harm to their physical, mental or sexual integrity as the result of a criminal act receive support and are adequately compensated if they experience financial difficulties as a result of that criminal act.art. 125 weights and measures the confederation is responsible for legislation on weights and measures.chapter 3 financial system art. 12693 financial management 1 the confederation shall maintain its income and expenditure in balance over time.2 the ceiling for total expenditure that is to be approved in the budget is based on the expected income after taking account of the economic situation.3 exceptional financial requirements may justify an appropriate increase in the ceiling in terms of paragraph 2. the federal assembly shall decide on any increase in accordance with article 159 paragraph 3 letter c.4 if the total expenditure in the federal accounts exceeds the ceiling in terms of paragraphs 2 or 3, compensation for this additional expenditure must be made in subsequent years.5 the details are regulated by law.93 adopted by the popular vote on 2 dec. 2001, in force since 2 dec. 2001 (fedd of 22 june 2001, fcd of 4 feb. 2002; as 2002 241; bbl 2000 4653, 2001 2387 2878, 2002 1209).art. 127 principles of taxation 1 the main structural features of any tax, in particular those liable to pay tax, the object of the tax and its assessment, are regulated by law.2 provided the nature of the tax permits it, the principles of universality and uniformity of taxation as well as the principle of taxation according to ability to pay are applied.3 intercantonal double taxation is prohibited. the confederation shall take the measures required.art. 128 direct taxes94* 1 the confederation may levy a direct tax:a. of a maximum of 11.5 per cent on the income of private individuals;b.95 of a maximum of 8.5 per cent of the net profit of legal entities;c.96 .2 the confederation, in fixing the taxation rates, shall take account of the burden of direct taxation imposed by the cantons and communes.3 in relation to the tax on the income of private individuals, regular revisions shall be made to compensate for the consequences of an increased tax burden due to inflation.4 the tax is assessed and collected by the cantons. a minimum of 17 per cent of the gross revenue from taxation is allocated to the cantons. this share may be reduced to 15 per cent if the consequences of financial equalisation so require.9794* with transitional provision95 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2007 (fedd of 19 march 2004, fcd of 26 jan. 2005, fcd of 2 feb. 2006; as 2006 1057; bbl 2003 1531, 2004 1363, 2005 951).96 repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2007 (fedd of 19 march 2004, fcd of 26 jan. 2005, fcd of 2 feb. 2006; as 2006 1057; bbl 2003 1531, 2004 1363, 2005 951).97 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 129 tax harmonisation 1 the confederation shall set out principles on the harmonisation of the direct taxes imposed by the confederation, the cantons and the communes; it shall take account of the efforts towards harmonisation made by the cantons.2 harmonisation shall extend to tax liability, the object of the tax and the tax period, procedural law and the law relating to tax offences. matters excluded from harmonisation shall include in particular tax scales, tax rates and tax allowances.3 the confederation may issue regulations to prevent unjustified tax benefits.art. 13098 value added tax* 1 the confederation may levy value added tax on the supply of goods, on services, including goods and services for personal use, and on imports, at a standard rate of a maximum of 6.5 per cent and at a reduced rate of at least 2.0 per cent.2 the law may provide for the taxation of accommodation services at a rate between the reduced rate and the standard rate.993 if, due to demographic changes, the financing of the old-age, survivors' and invalidity insurance is no longer guaranteed, the standard rate may be increased by federal act by a maximum of 1 percentage point and the reduced rate by a maximum of 0.3 of a percentage point.1003bis in order to finance railway infrastructure, the rates shall be increased by 0.1 of a percentage point.1014 5 per cent of the non-earmarked revenues shall be used to reduce the health insurance premiums of persons on low incomes, unless an alternative method of assisting such persons is provided for by law.98 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2007 (fedd of 19 march 2004, fcd of 26 jan. 2005, fcd of 2 feb. 2006; as 2006 1057; bbl 2003 1531, 2004 1363, 2005 951).* with transitional provision99 the legislature has made use of this power; see art. 25 para. 4 of the value added tax act of 12 june 2009 (sr 641.20), under which the rate of value added tax amounts to 3.7% (special rate for accommodation services), valid from 1 jan. 2018 until 31 dec. 2027.100 the legislature has made use of this power; see art. 25 para. 1 and 2 of the value added tax act of 12 june 2009 (sr 641.20) under which the rates of value added tax amounts to 7.7% (standard rate) and 2.5% (reduced rate) valid from 1 jan. 2018 until 31 dec. 2027.101 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).art. 131 special consumption taxes102* 1 the confederation may level special consumption taxes on:a. tobacco and tobacco products;b. distilled spirits;c. beer;d. automobiles and their parts;e. petroleum, other mineral oils, natural gas and products obtained by refining these resources, as well as on motor fuels.2 it may also levy:a. a surcharge on the consumption tax on motor fuels with the exception of aviation fuels;b. a charge that applies when motor vehicles are powered by means other than motor fuels in accordance with paragraph 1 letter e.1032bis if the monies are insufficient to carry out the tasks provided for under article 87b in connection with air traffic, the confederation shall levy a surcharge on the consumption tax on aviation fuels.1043 the cantons shall receive ten per cent of the net proceeds from the taxation of distilled spirits. these funds must be used to fight the causes and effects of substance addiction.102* with transitional provision103 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).104 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).art. 132 stamp duty and withholding tax 1 the confederation may levy a stamp duty on securities, on receipts for insurance premiums and on other commercial deeds; deeds relating to property and mortgage transactions are exempt from stamp duty.2 the confederation may levy a withholding tax on income from moveable capital assets, on lottery winnings and on insurance benefits. 10 per cent of the tax revenue shall be allocated to the cantons.105105 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).art. 133 customs duties the confederation is responsible for legislation on customs duties and other duties on the cross-border movement of goods.art. 134 exclusion of cantonal and communal taxation anything that is declared by federal legislation to be subject to, or exempt from value added tax, special consumption taxes, stamp duty or withholding tax may not be made liable to similar taxes by the cantons or communes.art. 135106 equalisation of financial resources and burdens 1 the confederation shall issue regulations on the equitable equalisation of financial resources and burdens between the confederation and the cantons as well as among the cantons.2 the equalisation of financial resources and burdens is intended in particular to:a. reduce the differences in financial capacity among the cantons;b. guarantee the cantons a minimum level of financial resources;c. compensate for excessive financial burdens on individual cantons due to geo-topographical or socio-demographic factors;d. encourage intercantonal cooperation on burden equalisation;e. maintain the tax competitiveness of the cantons by national and international comparison.3 the funds for the equalisation of financial resources shall be provided by those cantons with a higher level of resources and by the confederation. the payments made by those cantons with a higher level of resources shall amount to a minimum of two thirds and a maximum of 80 per cent of the payments made by the confederation.106 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).title 4 the people and the cantons chapter 1 general provisions art. 136 political rights 1 all swiss citizens over the age of eighteen, unless they lack legal capacity due to mental illness or mental incapacity, have political rights in federal matters. all citizens have the same political rights and duties.2 they may participate in elections to the national council and in federal popular votes, and launch or sign popular initiatives and requests for referendums in federal matters.art. 137 political parties the political parties shall contribute to forming the opinion and will of the people.chapter 2 initiative and referendum art. 138 popular initiative requesting the total revision of the federal constitution 1 any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a total revision of the federal constitution.1072 this proposal must be submitted to a vote of the people.107 adopted by the popular vote on 9 feb. 2003, in force since 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).art. 139108 popular initiative requesting a partial revision of the federal constitution in specific terms 1 any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative request a partial revision of the federal constitution.2 a popular initiative for the partial revision of the federal constitution may take the form of a general proposal or of a specific draft of the provisions proposed.3 if the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the federal assembly shall declare it to be invalid in whole or in part.4 if the federal assembly is in agreement with an initiative in the form of a general proposal, it shall draft the partial revision on the basis of the initiative and submit it to the vote of the people and the cantons. if the federal assembly rejects the initiative, it shall submit it to a vote of the people; the people shall decide whether the initiative should be adopted. if they vote in favour, the federal assembly shall draft the corresponding bill.5 an initiative in the form of a specific draft shall be submitted to the vote of the people and the cantons. the federal assembly shall recommend whether the initiative should be adopted or rejected. it may submit a counter-proposal to the initiative.108 adopted by the popular vote on 27 sept. 2009, in force since 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719).art. 139a109 109 adopted by the popular vote on 9 feb. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111). repealed in the popular vote on 27 sept. 2009, with effect from 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719). this article in its version in the fedd of 4 oct. 2002 never came into force.art. 139b110 procedure applicable to an initiative and counter-proposal 1 the people vote on the initiative and the counter-proposal at the same time.1112 the people may vote in favour of both proposals. in response to the third question, they may indicate the proposal that they prefer if both are accepted.3 if in response to the third question one proposal to amend the constitution receives more votes from the people and the other more votes from the cantons, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the people and the percentage of votes of the cantons in the third question are added together.110 adopted by the popular vote on 9 feb. 2003, para. 2 und 3 in force since 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960). para. 1 in its version in the fedd of 4 oct. 2002 never came into force.111 adopted by the popular vote on 27 sept. 2009, in force since 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719).art. 140 mandatory referendum 1 the following must be put to the vote of the people and the cantons:a. amendments to the federal constitution;b. accession to organisations for collective security or to supranational communities;c. emergency federal acts that are not based on a provision of the constitution and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the federal assembly.2 the following are submitted to a vote of the people:popular initiatives for a total revision of the federal constitution;abis.112 .b.113 popular initiatives for a partial revision of the federal constitution in the form of a general proposal that have been rejected by the federal assembly;c. the question of whether a total revision of the federal constitution should be carried out, in the event that there is disagreement between the two councils.112 adopted by the popular vote on 9 feb. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111). repealed in the popular vote on 27 sept. 2009, with effect from 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719). this let. in its version of fedd of 4 oct. 2002 never came into force.113 adopted by the popular vote on 27 sept. 2009, in force since 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719).art. 141 optional referendum 1 if within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any eight cantons request it, the following shall be submitted to a vote of the people:114a. federal acts;b. emergency federal acts whose term of validity exceeds one year;c. federal decrees, provided the constitution or an act so requires;d. international treaties that:1. are of unlimited duration and may not be terminated,2. provide for accession to an international organisation,3.115 contain important legislative provisions or whose implementation requires the enactment of federal legislation.2 .116114 adopted by the popular vote on 9 feb. 2003, in force since 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).115 adopted by the popular vote on 9 feb. 2003, in force since 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).116 repealed by the popular vote on 9 feb. 2003, with effect from 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25. march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).art. 141a117 implementation of international treaties 1 if the decision on ratification of an international treaty is subject to a mandatory referendum, the federal assembly may incorporate in the decision on ratification the amendments to the constitution that provide for the implementation of the treaty.2 if the decision on ratification of an international treaty is subject to an optional referendum, the federal assembly may incorporate in the decision on ratification the amendments to the law that provide for the implementation of the treaty.117 adopted by the popular vote on 9 feb. 2003, in force since 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).art. 142 required majorities 1 proposals that are submitted to the vote of the people are accepted if a majority of those who vote approve them.2 proposals that are submitted to the vote of the people and cantons are accepted if a majority of those who vote and a majority of the cantons approve them.3 the result of a popular vote in a canton determines the vote of the canton.4 the cantons of obwalden, nidwalden, basel-stadt, basel-landschaft, appenzell ausserrhoden and appenzell innerrhoden each have half a cantonal vote.title 5 federal authorities chapter 1 general provisions art. 143 eligibility for election any person eligible to vote may be elected to the national council, the federal council or the federal supreme court.art. 144 incompatibility 1 no member of the national council, of the council of states, of the federal council or judge of the federal supreme court may at the same time be a member of any other of these bodies.2 no member of the federal council or full-time judges of the federal supreme court may hold any other federal or cantonal office or undertake any other gainful economic activity.3 the law may provide for further forms of incompatibility.art. 145 term of office the members of the national council and of the federal council as well as the federal chancellor are elected for a term of office of four years. judges of the federal supreme court have a term of office of six years.art. 146 state liability the confederation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities.art. 147 consultation procedure the cantons, the political parties and interested groups shall be invited to express their views when preparing important legislation or other projects of substantial impact as well as in relation to significant international treaties.chapter 2 federal assembly section 1 organisation art. 148 status 1 subject to the rights of the people and the cantons, the federal assembly is the supreme authority of the confederation.2 the federal assembly comprises two chambers, the national council and the council of states; both chambers shall be of equal standing.art. 149 composition and election of the national council 1 the national council is composed of 200 representatives of the people.2 the representatives are elected directly by the people according to a system of proportional representation. a general election is held every four years.3 each canton constitutes an electoral constituency.4 the seats are allocated to the cantons according to their relative populations. each canton has at least one seat.art. 150 composition and election of the council of states 1 the council of states is composed of 46 representatives of the cantons.2 the cantons of obwalden, nidwalden, basel-stadt, basel-landschaft, appenzell ausserrhoden and appenzell innerrhoden each elect one representative; the other cantons each elect two representatives.3 the cantons determine the rules for the election of their representatives to the council of states.art. 151 sessions 1 the councils convene in session regularly. the convening of sessions is governed by law.2 the federal council or one quarter of the members of either council may request that the councils be convened for an extraordinary session.art. 152 presidency each council elects a president from its members for a term of one year, together with a first vice-president and a second vice-president. re-election for the following year is not permitted.art. 153 parliamentary committees 1 each council forms committees from its members.2 the law may provide for joint committees.3 the law may delegate specific powers, which may not be legislative in their nature, to committees.4 in order to fulfil their duties, the committees have the right to information and to inspect documents and the power to conduct investigations. the extent of such rights and powers is governed by the law.art. 154 parliamentary groups the members the federal assembly may form parliamentary groups.art. 155 parliamentary services the federal assembly has parliamentary services at its disposal. it may call on the services of offices of the federal administration. the details are regulated by law.section 2 procedure art. 156 separate proceedings 1 the proceedings of the national council and council of states take place separately.2 decisions of the federal assembly require the agreement of both chambers.3 provision shall be made by the law to ensure that in the event of disagreement between the councils decisions are made on:a. the validity or partial invalidity of a popular initiative;b.118 the implementation of a popular initiative in the form of a general proposal that has been adopted by the people;c.119 the implementation of a federal decree initiating a total revision of the federal constitution that has been approved by the people;d. the budget or any amendment to it.120118 adopted by the popular vote on 27 sept. 2009, in force since 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719).119 adopted by the popular vote on 27 sept. 2009, in force since 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719).120 adopted by the popular vote on 9 feb. 2003, lets. a and d in force since 1 aug. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003, fedd of 19 june 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).art. 157 joint proceedings 1 the national council and council of states hold joint proceedings as the united federal assembly under the presidency of the president of the national council in order to:a. conduct elections;b. decide on conflicts of jurisdiction between the highest federal authorities;c. decide on applications for pardons.2 the united federal assembly also convenes for special events and to hear declarations made by the federal council.art. 158 public meetings meetings of the councils are held in public. the law may provide for exceptions.art. 159 quorum and required majority 1 the councils are quorate if a majority of their members is present.2 decisions are taken in both chambers and in the united federal assembly by the majority of those who vote.3 however, the consent of an absolute majority of the members of each of the two councils is required for:a. a declaration that a federal act is urgent;b. provisions on subsidies, guarantee credits or spending ceilings that involve new non-recurrent expenditure of more than 20 million francs or new recurrent expenditure of more than 2 million francs;c.121 an increase in overall expenditure in the case of extraordinary financial requirements in terms of article 126 paragraph 3.4 the federal assembly may, by ordinance, adjust subsidies made in terms of paragraph 3 letter b in line with inflation.122121 adopted by the popular vote on 2 dec. 2001, in force since 2 dec. 2001 (fedd of 22 june 2001, fcd of 4 feb. 2002; as 2002 241; bbl 2000 4653, 2001 2387 2878, 2002 1209).122 adopted by the popular vote on 2 dec. 2001, in force since 2 dec. 2001 (fedd of 22 june 2001, fcd of 4 feb. 2002; as 2002 241; bbl 2000 4653, 2001 2387 2878, 2002 1209).art. 160 right to submit initiatives and motions 1 any council member, parliamentary group, parliamentary committee or canton has the right to submit an initiative to the federal assembly.2 council members and the federal council have the right to submit motions on business that is under discussion.art. 161 prohibition of voting instructions 1 no member of the federal assembly may vote on the instructions of another person.2 members must disclose their links to interest groups.art. 162 immunity 1 the members of the federal assembly and the federal council as well as the federal chancellor may not be held liable for statements that they make in the assembly or in its organs.2 the law may provide for further forms of immunity and extend its scope to include other persons.section 3 powers art. 163 form of federal assembly enactments 1 the federal assembly shall enact provisions that establish binding legal rules in the form of federal acts or ordinances.2 other enactments are promulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a "simple federal decree".art. 164 legislation 1 all significant provisions that establish binding legal rules must be enacted in the form of a federal act. these include in particular fundamental provisions on:a. the exercise of political rights;b. the restriction of constitutional rights;c. the rights and obligations of persons;d. those liable to pay tax as well as the subject matter and assessment of taxes and duties;e. the duties and services of the confederation;f. the obligations of the cantons in relation to the implementation and enforcement of federal law;g. the organisation and procedure of the federal authorities.2 legislative powers may be delegated by federal act unless this is prohibited by the federal constitution.art. 165 emergency legislation 1 federal acts whose coming into force cannot be delayed (emergency federal acts) may be declared urgent by an absolute majority of the members of each of the two councils and be brought into force immediately. such acts must be of limited duration.2 if a referendum is requested on an emergency federal act, the act must be repealed one year after being passed by the federal assembly if it has not in the meantime been approved by the people.3 an emergency federal act that does not have the constitution as its basis must be repealed one year after being passed by the federal assembly if it has not in the meantime been approved by the people and the cantons. any such act must be of limited duration.4 an emergency federal act that is not approved in a popular vote may not be renewed.art. 166 foreign relations and international treaties 1 the federal assembly shall participate in shaping foreign policy and supervise the maintenance of foreign relations.2 it shall approve international treaties, with the exception of those that are concluded by the federal council under a statutory provision or an international treaty.art. 167 finance the federal assembly determines the expenditure of the confederation, adopt the budget and approve the federal accounts.art. 168 appointments 1 the federal assembly elects the members of the federal council, the federal chancellor, the judges of the federal supreme court and, in times of war, the commander-in-chief of the armed forces ("the general").2 the law may authorise the federal assembly to make or confirm other appointments.art. 169 oversight 1 the federal assembly exercises oversight over the federal council and the federal administration, the federal courts and other bodies entrusted with the tasks of the confederation.2 official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under the law.art. 170 evaluation of effectiveness the federal assembly shall ensure that federal measures are evaluated with regard to their effectiveness.art. 171 tasks of the federal council the federal assembly may assign functions to the federal council. the details are regulated by law, and in particular the means by which the federal assembly may intervene in matters that fall within the remit of the federal council.art. 172 relations between the confederation and the cantons 1 the federal assembly shall ensure the maintenance of good relations between the confederation and the cantons.2 it shall guarantee the cantonal constitutions.3 it shall decide whether to approve intercantonal agreements and treaties between cantons and foreign countries where the federal council or a canton raises an objection to any such treaty.art. 173 further duties and powers 1 the federal assembly has the following additional duties and powers:a. taking measures to safeguard external security and the independence and neutrality of switzerland.b. taking measures to safeguard internal security.c. if extraordinary circumstances require, issuing ordinances or simple federal decrees in order to fulfil its duties under letters (a) and (b).d. regulating active service and mobilising the armed forces or sections thereof for this purpose.e. taking measures to enforce federal law.f. ruling on the validity of popular initiatives that meet the formal requirements.g. participating in the general planning of state activities.h. deciding on individual acts where a federal act expressly so provides.i. deciding on conflicts of jurisdiction between the highest federal authorities.k. issuing pardons and deciding on amnesties.2 the federal assembly also deals with matters that fall within the remit of the confederation and are not the responsibility of any other authority.3 other duties and powers may be delegated by law to the federal assembly.chapter 3 federal council and federal administration section 1 organisation and procedure art. 174 federal council the federal council is the supreme governing and executive authority of the confederation.art. 175 composition and election 1 the federal council has seven members.2 the members of the federal council are elected by the federal assembly following each general election to the national council.3 they are elected for a term of office of four years. any swiss citizen eligible for election to the national council may be elected to the federal council.1234 in electing the federal council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented.124123 adopted by the popular vote on 7 feb. 1999, in force since 1 jan 2000 (fedd of 9 oct. 1998, fcd of 2 march 1999; as 1999 1239; bbl 1993 iv 554, 1994 iii 1370, 1998 4800, 1999 2475 8768).124 adopted by the popular vote on 7 feb. 1999, in force since 1 jan 2000 (fedd of 9 oct. 1998, fcd of 2 march 1999; as 1999 1239; bbl 1993 iv 554, 1994 iii 1370, 1998 4800, 1999 2475 8768).art. 176 presidency 1 the president of the confederation chairs the federal council.2 the president and the vice-president of the federal council are elected by the federal assembly from the members of the federal council for a term of office of one year.3 re-election for the following year is not permitted. the president may not be elected vice-president for the following year.art. 177 principle of collegiality and allocation to departments 1 the federal council reaches its decisions as a collegial body.2 for the purposes of preparation and implementation, the business of the federal council is allocated to its individual members according to department.3 business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.art. 178 federal administration 1 the federal council is in charge of the federal administration. it ensures that it is organised appropriately and that it fulfils its duties effectively.2 the federal administration is organised into departments; each department is headed by a member of the federal council.3 administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the federal administration.art. 179 federal chancellery the federal chancellery is the general administrative office of the federal council. it is headed by a federal chancellor.section 2 powers art. 180 government policy 1 the federal council decides on the objectives of federal government policy and the means by which they should be achieved. it plans and coordinates state activities.2 it informs the general public fully and in good time about its activities, unless overriding public or private interests prevent this.art. 181 right to initiate legislation the federal council submits drafts of federal assembly legislation to the federal assembly.art. 182 law-making and implementation of legislation 1 the federal council enacts legislative provisions in the form of ordinances, provided it has the authority to do so under the constitution or the law.2 it ensures the implementation of legislation, the resolutions of the federal assembly and the judgments of federal judicial authorities.art. 183 finances 1 the federal council draws up the financial plan and the draft budget and prepare the federal accounts.2 it ensures orderly financial management.art. 184 foreign relations 1 the federal council is responsible for foreign relations, subject to the right of participation of the federal assembly; it represents switzerland abroad.2 it signs and ratifies international treaties. it submits them to the federal assembly for approval.3 where safeguarding the interests of the country so requires, the federal council may issue ordinances and rulings. ordinances must be of limited duration.art. 185 external and internal security 1 the federal council takes measures to safeguard external security, independence and neutrality of switzerland.2 it takes measures to safeguard internal security.3 it may in direct application of this article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. such ordinances must be limited in duration.4 in cases of emergency, it may mobilise the armed forces. where it mobilises more than 4,000 members of the armed forces for active service or where the deployment of such troops is expected to last for more than three weeks, the federal assembly must be convened without delay.art. 186 relations between the confederation and the cantons 1 the federal council is responsible for maintaining relations between the confederation and the cantons and collaborates with the latter.2 it may approve cantonal legislation when required to do so by federal law.3 it may object to treaties between cantons or between cantons and foreign countries.4 it ensures compliance with federal law, as well as the cantonal constitutions and cantonal treaties and takes the measures required to fulfil this duty.art. 187 further duties and powers 1 the federal council also has the following duties and powers:a. supervising the federal administration and the other bodies entrusted with federal duties.b. reporting regularly to the federal assembly on the conduct of its business as well as on the situation in switzerland.c. making appointments that do not fall within the remit of other authorities.d. dealing with appeals, where the law so provides.2 other duties and powers may be delegated by law to the federal council.chapter 4125 federal supreme court and other judicial authorities 125 adopted by the popular vote on 12 march 2000, in force since 1 jan. 2007 (fedd of 8 oct. 1999, fcd of 17 may 2000, fedd of 8 march 2005; as 2002 3148, 2006 1059; bbl 1997 i 1, 1999 8633, 2000 2990, 2001 4202). art. 188 status 1 the federal supreme court is the supreme judicial authority of the confederation.2 its organisation and procedure are governed by law.3 the federal supreme court has its own administration.art. 189 jurisdiction of the federal supreme court 1 the federal supreme court hears disputes concerning violations of:a. federal law;b. international law;c. inter-cantonal law;d. cantonal constitutional rights;e. the autonomy of the communes and other cantonal guarantees in favour of public law corporations;f. federal and cantonal provisions on political rights.1bis .1262 it hears disputes between the confederation and cantons or between cantons.3 the jurisdiction of the federal supreme court may be extended by law.4 acts of the federal assembly or the federal council may not be challenged in the federal supreme court. exceptions may be provided for by law.126 adopted by the popular vote on 9 feb. 2003 (fedd of 4 oct. 2002, fcd of 25 march 2003; as 2003 1949; bbl 2001 4803 6080, 2002 6485, 2003 3111). repealed in the popular vote on 27 sept. 2009, with effect from 27 sept. 2009 (fedd of 19 dec. 2008, fcd of 1 dec. 2009; as 2009 6409; bbl 2008 2891 2907, 2009 13 8719). this paragraph in its version of fedd of 4 oct. 2002 never came into force.art. 190 applicable law the federal supreme court and the other judicial authorities apply the federal acts and international law.art. 191 access to the federal supreme court 1 access to the federal supreme court is guaranteed by law.2 for disputes that do not relate to a legal issue of fundamental importance, the law may stipulate a threshold for the amount in dispute.3 the law may exclude access to the federal supreme court in relation to specific matters.4 the law may provide for a simplified procedure for appeals that are manifestly unfounded.art. 191a127 other federal judicial authorities 1 the confederation shall appoint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. the law may confer further powers on the federal criminal court.2 the confederation shall appoint judicial authorities to hear public law disputes that come under the jurisdiction of the federal administration.3 the law may provide for further federal judicial authorities.127 adopted by the popular vote on 12 march 2000, para. 1 in force since 1 april 2003, paras 2 and 3 in force since 1 sept. 2005 (fedd of 8 oct. 1999, fcd of 17 may 2000, fedd of 24 sept. 2002; as 2002 3148; bbl 1997 i 1, 1999 8633, 2000 2990, 2001 4202, 2005 1475). art. 191b cantonal judicial authorities 1 the cantons shall appoint judicial authorities to judge civil and public law disputes and criminal law cases.2 they may appoint joint judicial authorities.art. 191c independence of the judiciary the judicial authorities are independent in the exercise of their judicial powers and are bound only by the law.title 6 revision of the federal constitution and transitional provisions chapter 1 revision art. 192 principle 1 the federal constitution may be totally or partially revised at any time.2 unless the federal constitution and the legislation based on it provides otherwise, any revision of the federal constitution is made by the legislative process.art. 193 total revision 1 a total revision of the federal constitution may be proposed by the people or by either of the two councils or be decreed by the federal assembly.2 if the initiative emanates from the people or if the two chambers are unable to agree, the people decide on whether a total revision should be carried out.3 if the people vote for a total revision, new elections shall be held to both chambers.4 the mandatory provisions of international law must not be violated.art. 194 partial revision 1 a partial revision of the federal constitution may be requested by the people or decreed by the federal assembly.2 the partial revision must respect the principle of cohesion of subject matter and must not violate mandatory provisions of international law.3 the popular initiative for partial revision must also respect the principle of consistency of form.art. 195 commencement the totally or partly revised federal constitution comes into force when it is approved by the people and the cantons.chapter 2 transitional provisions art. 196 transitional provisions in terms of the federal decree of 18 december 1998 on a new federal constitution128 1. transitional provision to art. 84 (transalpine transit traffic)the transfer of freight transit traffic from road to rail must be completed ten years after the adoption of the popular initiative for the protection of the alpine regions from transit traffic.2. transitional provision to art. 85 (flat-rate heavy vehicle charge)1 the confederation shall levy an annual charge for the use of roads that are open to general traffic on domestic and foreign motor vehicles and trailers that have a maximum permissible weight of over 3.5 tonnes.2 this charge amounts to:fr.a. for trucks and articulated motor vehicles of- over 3.5 to 12 t 650- over 12 to 18 t2000- over 18 to 26 t3000- over 26 t4000b. for trailers of- over 3.5 to 8 t 650- over 8 to 10 t1500- over 10 t2000c. for coaches 6503 the rates of the charge may be adjusted by federal act insofar as this is justified by the cost of road transport.4 in addition, the federal council may adjust by ordinance the tariff category above 12 t in accordance with paragraph 2 to comply with any amendments to the weight categories contained in the road traffic act of 19 december 1958129.5 for vehicles that are not on the road in switzerland for the entire year, the federal council shall determine suitably graduated rates of the charge; it shall take account of the costs of collecting the charge.6 the federal council shall regulate the implementation of the charge. it may determine rates in terms of paragraph 2 for special categories of vehicle, exempt certain vehicles from the charge and issue special regulations, in particular for journeys in border areas. such regulations must not result in vehicles registered abroad being treated more favourably than swiss vehicles. the federal council may provide for fines in respect of contraventions. the cantons shall collect the charge on vehicles registered in switzerland.7 the charge may be limited or abolished by law.8 this provision applies until the heavy vehicle charge act of 19 december 1997130 comes into force.3. transitional provisions to art. 86 (use of charges for tasks and costs in connection with road transport), art. 87 (railways and other carriers) and art. 87a (railway infrastructure)131 1 the major rail projects include the new rail link through the alps (nrla), rail 2000, the connection of eastern and western switzerland to the european high speed rail network as well as the improvement of noise protection along railway lines through active and passive measures.2 until the interest payments and repayments on the advances made to the fund in accordance with article 87a paragraph 2 have been made in full, the monies in accordance with article 86 paragraph 2 letter e shall be allocated to the special finance programme for road transport in accordance with article 86 paragraph 4 instead of the fund in accordance with article 86 paragraph 2.1322bis in order to finance railway infrastructure and thereafter to finance the interest and repayments on the advances made to the fund in accordance with article 87a paragraph 2, the federal council may use monies in accordance with paragraph 2 until 31 december 2018. the monies shall be calculated in accordance with article 86 paragraph 2 letter e.1332ter the percentage in accordance with article 86 paragraph 2 letter f applies from two years after this provision comes into force. prior to that, it shall be 5 per cent.1343 the financing of the major rail projects in accordance with paragraph 1 shall be carried out through the fund under article 87a paragraph 2.1354 the four major rail projects in terms of paragraph 1 shall be adopted by federal acts. proof must be established of the necessity and readiness for implementation for each major project in its entirety. in the case of the nrla project, each of the construction phases shall form the subject matter of a federal act. the federal assembly shall approve the required financing through guarantee credits. the federal council shall approve the construction phases and determine the time schedule.5 this provision applies until the conclusion of the construction work and of the financing (through repayment of the advances) of the major rail projects mentioned in paragraph 1.4. transitional provision to art. 90 (nuclear energy)until 23 september 2000, no general, construction, start-up or operating licences for new facilities for the production of nuclear energy may be granted.5. transitional provision to art. 95 (private economic activity)until the enactment of federal legislation, the cantons must mutually recognise their education or training qualifications.6. transitional provision to art. 102 (national economic supply)1 the confederation shall guarantee the national supply of bread grain and baking flour.2 this transitional provision remains in force until 31 december 2003 at the latest.7. transitional provision to art. 103 (structural policy)for no more than ten years from the date on which the constitution comes into force, the cantons may retain existing regulations that make the opening of new businesses dependent on establishing a need, in order to guarantee the existence of important parts of a specific branch of the hotel and restaurant industry.8.136 .9. transitional provision to art. 110 para. 3 (national day of the swiss confederation)1 until the amended federal legislation comes into force, the federal council shall regulate the details.2 the national day of the swiss confederation shall not be included in the calculation of the number the public holidays in accordance with article 18 paragraph 2 of the employment act of 13 march 1964137.10.138 .11. transitional provision to art. 113 (occupational pension scheme)insured persons who belong to the generation working at the time of the introduction of the occupational pension scheme and therefore do not contribute for the full period shall receive the statutory minimum benefits, according to their income, within 10 to 20 years of the act coming into force.12.139 .13.140 transitional provision to art. 128 (duration of tax levy)the power to levy the direct federal tax shall be limited until the end of 2035.14.141 transitional provision to art. 130 (value added tax)1421 the power to levy value added tax is limited until the end of 2035.1432 in order to guarantee the funding of invalidity insurance, the federal council shall raise the value added tax rates from 1 january 2011 until 31 december 2017 as follows: .3 the revenue from the increase in rates in accordance with paragraph 2 will be allocated in full to the compensation fund for invalidity insurance.1444 in order to secure the financing of railway infrastructure, the federal council shall raise the tax rates under article 25 of the value added tax act of 12 june 2009145 from 1 january 2018 by 0.1 of a percentage point, in the event of an extension of the time limit under paragraph 1 until 31 december 2030 at the latest.1465 the entire revenue from the increase under paragraph 4 shall be allocated to the fund under article 87a.14715.148 .16.149 .128 adopted by the popular vote on 3 march 2002, in force since 3 march 2002 (fedd of 5 oct. 2001, fcd of 26 april 2002; as 2002 885; bbl 2000 2453, 2001 1183 5731, 2002 3690).129 sr 741.01130 sr 641.81131 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).132 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).133 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).134 adopted by the popular vote on 12 feb. 2017, in force since 1 jan. 2018 (fedd of 30 sept. 2016, fcd of 10 nov. 2016 - as 2017 6731; bbl 2015 2065, 2016 7587, 2017 3387).135 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).136 art. 106 was revised on 11 march 2012.137 sr 822.11138 repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951)139 art. 126 was revised on 2 dec. 2001.140 adopted by the popular vote on 4 march 2018, in force since 1 jan. 2021 (fedd of 16 june 2017, fcd of 13 feb. 2019; as 2019 769; bbl 2016 6221, 2017 4205, 2018 2761).141 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2007 (fedd of 19 march 2004, fcd of 26 jan. 2005, fcd of 2 feb. 2006; as 2006 1057; bbl 2003 1531, 2004 1363, 2005 951).142 adopted by the popular vote on 27 sept. 2009, in force since 1 jan. 2011 (fedd of 13 june 2008 and of 12 june 2009, fcd of 7 sept. 2010; as 2010 3821; bbl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).143 adopted by the popular vote on 4 march 2018, in force since 1 jan. 2021 (fedd of 16 june 2017, fcd of 13 feb. 2019; as 2019 769; bbl 2016 6221, 2017 4205, 2018 2761).144 adopted by the popular vote on 27 sept. 2009, in force since 1 jan. 2011 (fedd of 13 june 2008 and of 12 june 2009, fcd of 7 sept. 2010; as 2010 3821; bbl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).145 sr 641.20146 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).147 adopted by the popular vote on 9 feb. 2014, in force since 1 jan. 2016 (fedd of 20 june 2013, fcd of 13 may 2014, fcd of 2 june 2014, fcd of 6 june 2014; as 2015 645; bbl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).148 repealed by the popular vote on 4 march 2018, with effect from 1 jan. 2021 (fedd of 16 june 2017, fcd of 13 feb. 2019; as 2019 769; bbl 2016 6221, 2017 4205, 2018 2761).149 repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951)art. 197150 transitional provisions following the adoption of the federal constitution of 18 april 1999 1. accession of switzerland to the united nations1 switzerland shall accede to the united nations.2 the federal council shall be authorised to submit an application to the secretary general of the united nations (un) requesting switzerland's accession to the organisation, together with a declaration on the acceptance of the obligations contained in the un charter151.2.152 transitional provision to art. 62 (school education)from the date on which the federal decree of 3 october 2003153 on the new system of financial equalisation and the allocation of tasks between the confederation and cantons comes into force, the cantons shall, until they have their own approved special-needs school strategies, but for a minimum of three years, assume responsibility for the current payments made by the invalidity insurance for special needs education (including the special needs pre-school education in accordance with art. 19 of the federal act of 19 june 1959154 on invalidity insurance).3.155 transitional provision to art. 83 (national highways)the cantons shall construct the national highways listed in the federal decree of 21 june 1960156 on the national highway network (in its version valid on the commencement of the federal decree of 3 oct. 2003157 on the new system of financial equalisation and the allocation of tasks between the confederation and cantons) in accordance with the regulations of and subject to the oversight of the confederation. the confederation and cantons shall share the costs. the share of the costs borne by the individual cantons shall be determined by the burden imposed on them by the national highways, their interest in these highways, and their financial capacity.4.158 transitional provision to art. 112b (promoting the rehabilitation of people eligible for invalidity benefits)from the date on which the federal decree of 3 october 2003159 on the new system of financial equalisation and the allocation of tasks between the confederation and cantons comes into force, the cantons shall assume responsibility for the current payments made by the invalidity insurance to institutions, workshops and residential homes until they have an approved strategy on people with disabilities that also regulates the granting of cantonal contributions towards the construction and running of institutions that accept residents from outside the relevant canton, but for a minimum of three years.5.160 transitional provision to art. 112c (aid for elderly people and people with disabilities)the current payments under article 101bis of the federal act of 20 december 1946161 on the old-age and survivors' insurance for assistance and care in the home for elderly people and people with disabilities shall continue to be paid by the cantons until cantonal regulations on the financing of assistance and care in the home come into force.7.162 transitional provision to art. 120 (non-human gene technology)swiss agriculture shall remain free of gene technology for a period of five years following the adoption of this constitutional provision. in particular, the following may neither be imported nor placed on the market:a. genetically modified plants that are capable of propagation, parts of plants and seeds that are intended for agricultural, horticultural or forestry use in the environment;b. genetically modified animals that are intended for the production of foodstuffs and other agricultural products.8.163 transitional provision to art. 121 (residence and permanent settlement of foreign nationals)the legislature must define and add to the offences covered by article 121 paragraph 3 and issue the criminal provisions relating to illegal entry in accordance with article 121 paragraph 6 within five years of the adoption of article 121 paragraphs 3-6 by the people and the cantons.9.164 transitional provision to art. 75b (second homes)1 if the relevant legislation does not come into force within two years of the adoption of article 75b, the federal council shall issue the required implementing provisions on construction, sale and recording in the land register by ordinance.2 building permits for second homes granted between 1 january of the year following the adoption of article 75b and the date on which the implementing provisions come into force shall be null and void.10.165 transitional provision to art. 95 para. 3until the statutory provisions come into force, the federal council shall issue the required implementing provisions within one year of the adoption of article 95 paragraph 3 by the people and the cantons.11.166 transitional provision to art. 121a (control of immigration)1 international agreements that contradict article 121a must be renegotiated and amended within three years of its adoption by the people and the cantons.2 if the implementing legislation for article 121a has not come into force within three years of its adoption by the people and the cantons, the federal council shall issue temporary implementing provisions in the form of an ordinance.12.167 transitional provision to art. 10a (ban on covering the face)the implementing legislation for article 10a must be drawn up within two years of its adoption by the people and the cantons.commencement date: 1 january 2000168150 adopted by the popular vote on 3 march 2002, in force since 3 march 2002 (fedd of 5 oct. 2001, fcd of 26 april 2002; as 2002 885; bbl 2000 2453, 2001 1183 5731, 2002 3690).151 sr 0.120152 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).153 as 2007 5765154 sr 831.20155 article 83 has now been revised. adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).156 sr 725.113.11157 as 2007 5765158 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).159 as 2007 5765160 adopted by the popular vote on 28 nov. 2004, in force since 1 jan. 2008 (fcd of 3 oct 2003, fcd of 26 jan. 2005, fcd of 7 nov. 2007; as 2007 5765; bbl 2002 2291, 2003 6591, 2005 951).161 sr 831.10162 adopted by the popular vote on 27 nov. 2005, in force since 27 nov. 2005 (fedd of 17 june 2005, fcd of 19 jan. 2006; as 2006 89; bbl 2003 6903, 2004 4937, 2005 4039, 2006 1061).163 adopted by the popular vote on 28 nov. 2010, in force since 28 nov. 2010 (fedd of 18 june 2010, fcd of 17 march 2011; as 2011 1199; bbl 2008 1927, 2009 5097, 2010 4241, 2011 2771).164 adopted by the popular vote on 11 march 2012, in force since 11 march 2012 (fedd of 17 june 2011, fcd of 20 june 2012; as 2012 3627; bbl 2008 1113 8757, 2011 4825, 2012 6623).165 adopted by the popular vote on 3 march 2013, in force since 3 march 2013 (fcd of 15 nov. 2012 und 30 april 2013; as 2013 1303; bbl 2006 8755, 2008 2577, 2009 299, 2012 9219, 2013 3129).166 adopted by the popular vote on 9 feb. 2014, in force since 9 feb. 2014 (fedd of 27 sept. 2013, fcd of 13 may 2014; as 2014 1391; bbl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).167 adopted by the popular vote on 7 march 2021, in force since 7 march 2021 (fedd of 19 june 2020, fcd of 31 may 2021 - as 2021 310; bbl 2017 6447; 2019 2913; 2020 5507; 2021 1185).168 fedd of 28 sept. 1999 (as 1999 2555; bbl 1999 7922).final provisions of the federal decree of 18 december 1998 ii1 the federal constitution of the swiss confederation of 29 may 1874169 is repealed.2 the following provisions of the federal constitution, which must be re-enacted as statute law, continue to apply until the corresponding statutory provisions come into force:a. art. 32quater para. 6170hawking and other forms of itinerant sale of spirits are prohibited.b. art. 36quinquies para. 1 first sentence, 2 second-last sentence and 4 second sentence1711 for the use of first and second class national highways, the confederation shall levy an annual charge of 40 francs on each swiss and foreign motor vehicle and trailer with a total weight not exceeding 3.5 tonnes. .2 . the federal council may exempt specific vehicles from the charge and issue special regulations, in particular for journeys made in border areas. such regulations must not result in vehicles registered abroad being treated more favourably than swiss vehicles. the federal council may impose fines for contraventions of the regulations. the cantons shall collect the charge for vehicles registered in switzerland and monitor compliance of all vehicles with the regulations.4 . the charge may be extended by federal act to further categories of vehicle that are not liable to pay the heavy vehicle charge.c. art. 121bis para. 1, 2 and para. 3 first and second sentence1721 if the federal assembly decides to submit a counter-proposal, voters shall be asked three questions on the same ballot paper. each voter has the unrestricted right to state:1. whether he or she prefers the popular initiative to the existing law;2. whether he or she prefers the counter-proposal to the existing law;3. which of the two proposals should come into force in the event that the people and the cantons prefer both proposals to the existing law.2 the absolute majority shall be calculated separately for each question. unanswered questions shall not be taken into consideration.3 if both the popular initiative and the counter-proposal are accepted, the result of the third question shall be decisive. the proposal that receives the greater number of votes from the people and from the cantons on this question shall come into force. .iiithe federal assembly shall adapt amendments to the federal constitution of 29 may 1874 to the new federal constitution as regards their form. the decree issued to this effect shall not be subject to a referendum.iv1 this decree must be submitted to a vote of the people and the cantons.2 the federal assembly shall determine its commencement date.169 [bs 1 3; as 1949 1511, 1951 606, 1957 1027, 1958 362 768 770, 1959 224 912, 1961 476, 1962 749 1637 1804, 1964 97, 1966 1672, 1969 1249, 1970 1649, 1971 325 905 907, 1972 1481 1484, 1973 429 1051 1455, 1974 721, 1975 1205, 1976 713 715 2003, 1977 807 1849 2228 2230, 1978 212 484 1578, 1979 678, 1980 380, 1981 1243 1244, 1982 138, 1983 240 444, 1984 290, 1985 150, 151 658 659 1025 1026 1648, 1987 282 1125, 1988 352, 1991 246 247 1122, 1992 1578 1579, 1993 3040 3041, 1994 258 263 265 267 1096 1097 1099 1101, 1995 1455, 1996 1490 1491 1492 2502, 1998 918 2031, 1999 741 743 1239 1341]170 art. 105.171 art. 86 para. 2.172 see now: art. 139b.

120.73 english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.ordinanceon protection against cyber risks in the federal administration(cyber risks ordinance, cyrv)of 27 may 2020 (status as of 1 april 2021)the swiss federal council,on the basis of article 30 of the federal act of 21 march 19971 on measures to safeguard internal security and on articles 43 paragraphs 2 and 3, 47 paragraph 2 and 55 of the government and administration organisation act of 21 march 19972,ordains:1 sr 1202 sr 172.010chapter 1 general provisions art. 1 subject matter this ordinance regulates the organisation of the federal administration for its protection against cyber risks as well as the tasks and responsibilities of the various offices in the cyber security domain.art. 2 scope of application this ordinance applies to:a.the administrative units of the central federal administration in accordance with article 7 the government and administration ordinance of 25 november 19983;b.4the offices that undertake in accordance with article 2 paragraph 2 of the ordinance of 25 november 20205 on the digital transformation and ict (dtio) to comply therewith.3 sr 172.010.14 amended by annex no 1 of the o of 25 nov. 2020 on the digital transformation and ict, in force since 1 jan. 2021 (as 2020 5871).5 sr 172.010.58art. 3 definitions in this ordinance:a.cyber security means the desired state in which data processing via information and communication infrastructures, in particular the exchange of data between persons and organisations, works as intended;b.cyber incident means an unintended or intended but unauthorised event that leads to the confidentiality, integrity, availability or comprehensibility of data being adversely affected or that may lead to malfunctions;c.cyber risk means the risk of a cyber incident, the extent of which is measured by the product of the probability of occurrence and the extent of the damage potentially caused;d.resilience means the ability of a system, organisation or society to withstand internal or external disruptions and to maintain proper functionality or restore it as quickly and completely as possible;e.information technology security means the aspect of cyber security that relates to technical systems;f.it security directives means the security standards that apply to the organisational measures, processes, services and technology;g.critical infrastructures means processes, systems and facilities that are essential for the proper functioning of the economy or the well-being of the population;h.6protected it systems is a generic term for applications, services, systems, networks, data collections, infrastructures and information technology products; protected it systems can include a combination of several identical or related systems;6 inserted by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).chapter 2 principles governing protection against cyber risks art. 4 goals 1 the federal administration shall ensure that its organs and systems are suitably resilient to cyber risks. 2 it shall work with the cantons, the communes, the private sector, society, academia and international partners provided this serves to protect its own security interests, and shall encourage the exchange of information. art. 5 national strategy for the protection of switzerland against cyber risks the federal council shall set out in a national strategy for the protection of switzerland against cyber risks (ncs) the strategic framework for improving the prevention and early detection of and the reaction and resilience to cyber risks.art. 6 domains the measures to protect against cyber risks are divided into the following three domains:a.cyber security domain: all measures that serve to prevent and manage incidents and to improve resilience against cyber risks and that strengthen international cooperation for this purpose;b.cyber defence domain: all intelligence and military measures designed to protect critical systems, defend against attacks in cyberspace, ensure the operational readiness of the armed forces in all situations, and build capacities and capabilities to provide subsidiary support to civilian authorities; they include active measures to recognise threats, to identify aggressors and to disrupt and stop attacks;c.cyber prosecution domain: all measures taken by the police and federal and cantonal prosecutors to combat cyber crime.chapter 3 organisation and responsibilities section 1 cross-departmental cooperation art. 7 federal council the federal council shall carry out the following tasks:a.it monitors the implementation of the ncs on the basis of the strategic controlling and decides on measures as required.b.it shall within the scope of its responsibilities specify the areas in which directives on protection against cyber risks are required or must be revised. c.it shall issue directives on protecting the federal administration against cyber risks. d.it shall authorise derogations from its directives.art. 8 cyber core group 1 the cyber core group (cycg) shall comprise:a.the federal cyber security delegate (art. 6a of the federal department of finance organisation ordinance of 17 feb. 20107) as the representative of the federal department of finance (fdf);b.a representative of the federal department of defence, civil protection and sport (ddps);c.a representative of the federal department of justice and police (fdjp);d.a representative of the cantons appointed by the conference of cantonal governments.2 the federal cyber security delegate chairs the group.3 the cycg shall inform representatives of other federal administrative units that are active in connection with cyber risks about its agenda and may invite them to attend individual meetings. where matters have a foreign policy dimension, it may involve the federal department of foreign affairs (fdfa). in addition it may involve experts from the private sector and the universities. 4 the cycg has the following tasks in particular:a.it assesses current cyber risks and their potential development on the basis of information from the domains of cyber security, cyber defence and cyber prosecution.b.it continuously evaluates the existing systems in the domains of cyber security, cyber defence and cyber prosecution and checks whether these are adapted to the threat situation.c.it provides support, if necessary with other offices, for interdepartmental incident management.d.it informs the federal security core group (scg) about cyber incidents and developments that are relevant to foreign and security-policy.5 the three departments represented in the cycg shall make information available for the joint assessment of a situation.6 the federal intelligence service is responsible for presenting the overall cyber threat situation to the cycg.7 sr 172.215.1art. 9 steering committee for the national strategy for the protection of switzerland against cyber risks 1 the federal council shall appoint a steering committee for the national strategy for the protection of switzerland against cyber risks (ncs stc). 2 the ncs stc shall comprise the federal cyber security delegate, representatives from the cantons appointed by the conference of cantonal governments, representatives of business and the universities and representatives of the administrative units that are responsible for implementing any ncs measures in accordance with the ncs implementation plan. each department and the federal chancellery shall appoint at least one representative to the ncs stc. 3 the federal cyber security delegate chairs the steering committee.4 the ncs stc has the following tasks:a.it ensures the strategic coherence of the implementation of ncs measures and checks their progress continuously by a process of strategic controlling.b.it draws up proposals for special measures in the event of the delayed or incomplete implementation of ncs measures.c.it ensures the ongoing further development of the ncs; to do so it monitors the development of the threat situation in consultation with the cycg and devises proposals for the adjustment of the ncs as required.d.it prepares a report each year on the implementation of the ncs for the federal council and the public.e.it ensures all the offices concerned from the confederation, cantons, business and universities take a coordinated approach to implementing the ncs measures.f.it ensures that in implementing the ncs measures account is taken of the risk policy of the confederation, the national strategy to protect critical infrastructures and the federal council strategies in relation to information technology.art. 10 it security committee 1 the it security committee (itsc) comprises a representative of the national cyber security centre (ncsc8), the departmental and the federal chancellery it security officers and the it security officers for standard information and communication technology services (ict).2 additional persons may be included in an advisory capacity on a case-by-case basis.3 the ncsc representative chairs the committee.4 the itsc acts as a consultative body for the ncsc on it security issues in the federal administration.8 footnote not relevant to english textart. 11 the cyber security delegate 1 the federal cyber security delegate has the following tasks:a.he or she chairs the ncsc.b.he or she ensures the best possible coordination of cross-departmental work in the domains of cyber security, cyber defence and cyber prosecution.c.he or she ensures the visibility of the activities of the confederation related to cyber risks, contributes to achieving the best possible conditions for an innovative cyber security economy, is the relevant federal contact person for cyber risks and represents the confederation in the relevant committees and working groups; he or she ensures the best possible coordination of the work of the cantons and of the confederation to protect switzerland against cyber risks.d.he or she represents the ncsc in the federal crisis units.e.he or she shall issue it security directives.f.9he or she decides on derogations from the directives that he or she issues; if the derogations also affect directives issued by the federal chancellery on the digital transformation und ict steering, he or she shall consult the federal chancellery beforehand.2 he or she shall regularly inform the fdf on behalf of the federal council about the status of information technology security in the departments and the federal chancellery.3 he or she may participate in the preparation of federal administration it directives that relate to cyber security and in security-relevant it projects. in particular he or she may request information, comment thereon and request changes.4 he or she may, after consulting the swiss federal audit office, request audits of information technology security.9 amended by annex no 1 of the o of 25 nov. 2020 on the digital transformation and ict, in force since 1 jan. 2021 (as 2020 5871).section 2 units in the cyber security domain art. 12 national cyber security centre 1 the ncsc is the centre of excellence of the confederation for cyber risks and coordinates the work of the confederation in the cyber security domain. it has the following tasks: a.it runs the national contact point for cyber risks; this receives reports from the federal administration, the private sector, the cantons and the public, analyses them and may issue recommendations thereon.b.it ensures with its cooperation partners in the federal administration that subsidiary support is given to operators of critical infrastructures and encourages these operators to exchange information on cyber risks.c.it runs the computer emergency response team (govcert); this is the national specialist service responsible for technical aspects of incident management, analysing technical questions, assessing the threat situation from a technical viewpoint and providing technical support to the national contact point.d.it runs a specialist service for the federal information technology security; this shall draw up it security directives, advise the administrative units on their implementation and monitor the status of information technology security in the departments and the federal chancellery.e.it provides the federal it security officers (fitsos).f.it coordinates the implementation of the ncs, conducts strategic controls and prepares the meetings of the cycg and of the ncs stc.g.it has a pool of experts from which experts are provided to support the individual offices in implementing ncs measures and in developing, implementing and checking standards and regulations in relation to cyber security.h.it contributes with specific information to raising awareness of cyber risks in the federal administration and among the general public, provides information on the current situation and gives instructions on preventive and reactive measures.i.it runs a resilient analysis and communications infrastructure that must function independently of the other federal it systems.j.it informs the cycg and, on matters of importance to foreign and security policy, the scg about relevant cyber incidents.2 it may, provided this directly or indirectly serves to protect the federal administration against cyber risks, process data on cyber incidents and associated communication flows. it may disclose such data to government and private security teams, provided:a.the data provider agrees; andb.no statutory duties of confidentiality are infringed.3 a disclosure of personal data abroad is only permitted if the related requirements of the federal legislation on data protection are complied with.4 sensitive personal data may only be processed if there is a statutory basis for processing such data with the means available within the federal it systems.5 after consulting with the offices concerned, the ncsc shall assume overall responsibility within the federal administration for managing a cyber incident if the incident poses a risk to the proper functioning of the federal administration. in doing so, it has the following tasks and powers:a.it may require the service providers and recipients concerned to provide it with all necessary information. b.it may order immediate measures.c.it shall update the management of the administrative units concerned on the current situation.6 if, following a cyber incident, the risk to the confidentiality or the efficiency of the federal administration is sufficiently reduced by the measures taken and if the required follow-up work and its funding have been defined, the ncsc shall reassign responsibility for the further processing to the offices concerned.art. 13 departments and federal chancellery 1 the departments and the federal chancellery shall report to the ncsc at the end of the year on the status of information technology security.2 the internal service providers in accordance with article 9 dtio10 shall submit regular reports to the ncsc on weaknesses and cyber incidents that have been detected and on measures planned and taken for their rectification.113 the departments and the federal chancellery shall each appoint a departmental it security officer (itsod), who shall act on the direct instructions of the head of department.124 the itsods are in particular responsible for:a. coordinating it security aspects within the department or the federal chancellery and with the offices responsible for cross-departmental coordination and cooperation. b. drawing up the required principles for implementing the it security directives and for organisation at the level of the department or the federal chancellery.135 the departments and the federal chancellery shall regulate the relationship between the itsods and the it security officers for the administrative units (itsoos), in particular technical leadership on security issues.1410 sr 172.010.5811 amended by annex no 1 of the o of 25 nov. 2020 on the digital transformation and ict, in force since 1 jan. 2021 (as 2020 5871).12 amended by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).13 inserted by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).14 inserted by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).art. 1415 administrative units and their service providers 1 the administrative units shall each appoint an it security officer (itsoo) who shall act on the direct instructions of the head of the administrative unit. the digital transformation and ict steering sector at the federal chancellery (dti sector of the fch) shall also appoint an it security officer for standard services.2 the itsoos and the it security officer for standard services shall carry out the following tasks:a.they shall ensure the rapid implementation of the it security directives and the use of the security procedures in the administrative units (chapter 3a).b.they shall ensure that employees are made aware of and receive training on it security issues on taking up employment and periodically thereafter and are familiar with the responsibilities and procedures for information technology security in their working environment relevant to their level and function. c.they shall report to the head of their administrative unit at least every six months on the current status of information technology security in their administrative unit.3 the administrative units are responsible for the security of their protected it systems. they shall carry out the following tasks:a.they shall conduct an inventory of their protected it systems and take the required security measures; they shall in particular ensure that these measures are documented for the individual protected systems in the current manner.b.they are responsible for compliance with and the implementation of the it security directives and the decisions of the federal council, the ncsc and the departments or the federal chancellery within the scope of their responsibilities.c.they are responsible, subject to article 12 paragraph 5, for managing cyber incidents that affect their protected it systems.d.when obtaining services from an external service provider, they shall ensure that the it security directives form part of the contractual relationship with that provider. e.they shall verify in an appropriate manner whether external service providers are complying with the it directives.f.they shall ensure that the responsibilities for information technology security at an operational level are set out in the project and performance agreements between service providers and service procurers.g.they shall ensure that persons to whom this ordinance does not apply are only allowed access to federal it infrastructure if they undertake to comply with the it security directives.4 the service providers shall perform the following functions:a.they shall provide their service procurers on request with all the information required to protect their protected it systems in an appropriate form.b.they shall ensure that they have the capacities required to conduct a technical analysis and manage cyber incidents that affect them directly or affect their service procurers.c.they shall report to their service procurers without delay any weaknesses and security incidents that they detect that relate to their protected it systems.d.they shall work with the service providers to define a process for managing cyber incidents. the process shall in particular regulate decision-making powers in relation to immediate measures. 5 if it is not possible to manage a cyber incident in accordance with the defined process, the parties concerned shall inform the ncsc so that it can decide on what further action to take.6 the administrative units shall consult the ncsc in connection with security-relevant it directives as well as projects.7 they are responsible for developing, implementing and checking standards and regulations in relation to cyber security in their sectors. the ncsc shall wherever possible provide them with experts from the pool mentioned in article 12 paragraph 1 letter g.15 amended by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).art. 14a16 employees employees of the federal administration who use it resources are responsible for using them in accordance with the regulations.16 inserted by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).chapter 3a17 security procedures 17 inserted by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132). art. 14b protection needs analysis 1 the administrative units shall ensure that an up-to-date protection needs analysis is available for all protected it systems. in the case of it projects, they must conduct the protection needs analysis before the project release.2 in the protection needs analysis, they shall assess the aspects of confidentiality, availability, integrity, comprehensibility and vulnerability to espionage.art. 14c basic protection the administrative units shall implement the directives on basic protection for all protected it systems and document the implementation.art. 14d increased protection 1 if the protection needs analysis discloses an increased need for protection, the administrative units, in addition to implementing the security directives on basic protection and based on a risk analysis, shall devise further security measures and document and implement the same.2 the administrative units shall identify risks that cannot be reduced or can only be insufficiently reduced (residual risks), and document the same. the project client or the business process owner and the head of the administrative unit shall take note of the residual risks and confirm the same in writing.3 the head of the administrative unit concerned shall decide whether known residual risks are accepted.art. 14e periodicity 1 the security procedures must be carried out at least every five years.2 in the event of security-relevant modifications being made to the protected it system or to the threat situation, the procedures must be carried out immediately.chapter 3b18 costs incurred decentrally 18 inserted by no i of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132). art. 14f 1 the costs of information technology security incurred decentrally are part of the project and the operating costs.2 sufficient account must be taken of such costs in the planning.chapter 4 final provisions art. 15 amendment of other legislation the amendment of other legislation is regulated in the annex.art. 16 transitional provision to article 2 letter b 1 authorities and offices that have undertaken by agreement with the federal it steering unit (fitsu) to comply with the provisions of the federal administration information technology ordinance of 9 december 201119 (faito) before this ordinance comes into force shall be subject until 31 december 2021 to the obligations in accordance with this ordinance to the extent under the current law.202 they shall be subject to this ordinance from 1 january 2022, unless the agreement is terminated on or before 31 december 2021.19 , , 2016 1783 3445, , 20 amended by annex no 1 of the o of 25 nov. 2020 on the digital transformation and ict, in force since 1 jan. 2021 (as 2020 5871).art. 17 transitional provision to article 11 paragraph 1 letter e 1 ict security directives and permitted exceptions issued by the fitsu before this ordinance comes into force shall continue to apply.2 the ncsc shall decide on amendments to the directives and authorised exceptions.art. 18 commencement this ordinance comes into force on 1 july 2020.annex (art. 15)amendment of other legislation the ordinances below are amended as follows:.2121 the amendments may be consulted under as 2020 2107.

121 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the intelligence service(intelligence service act, intelsa)of 25 september 2015 (status as of 1 july 2021)the federal assembly of the swiss confederation,on the basis of articles 54 paragraph 1, 123 paragraph 1 and 173 paragraph 2 of the federal constitution1,2and having considered the federal council dispatch dated 19 february 20143,decrees:1 sr 1012 amended by annex no ii 1 of the fa of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).3 bbl 2014 2105chapter 1 general provisions and principles governing information gathering art. 1 subject matter this act regulates:a. the activities of the federal intelligence service (fis);b. cooperation between the fis and other federal authorities, the cantons, foreign countries and private individuals;c. political governance of the fis and the control and supervision of intelligence activities.art. 2 aim this act serves to protect important national interests; its aim isa. to contribute towards safeguarding switzerland's democratic and constitutional principles and protecting the freedoms of its population;b. to increase the security of the swiss population and of swiss citizens abroad;c. to support switzerland's capacity to act;d. to contribute towards safeguarding international security interests.art. 3 safeguarding further important national interests in the event of a serious and immediate threat, the federal council may deploy the fis not only to protect the national interests mentioned in article 2 but also:a. to protect basic constitutional order in switzerland;b. to support swiss foreign policy;c. to protect switzerland as a location for employment, business and finance.art. 4 authorities and persons subject to obligations this act applies to the following authorities and persons:a. federal and cantonal authorities that are given the task of carrying out intelligence activities;b. federal and cantonal authorities and public and private organisations, persons and entities that hold information relevant to intelligence matters;c. private individuals who are required to pass on information relevant to intelligence matters in terms of this act.art. 5 principles governing information gathering 1 in order to carry out its tasks, the fis shall gather information from sources that are publicly and non-publicly accessible.2 for this purpose it shall use information gathering measures which do and do not require authorisation.3 in each case, it shall choose the information gathering measure that:a. is most suitable and necessary for achieving a specific information gathering objective; andb. causes the least interference with the fundamental rights of the persons concerned.4 it may gather personal data without this coming to the attention of the persons concerned.5 it may not gather or process any information relating to political activities or the exercise of freedom of speech, assembly or association in switzerland.6 it may by way of exception gather information in accordance with paragraph 5 about an organisation or person and record that information in relation to a person if there are specific indications that the person is exercising their rights in order to prepare for or carry out terrorist, espionage or violent-extremist activities.7 it shall delete data recorded in relation to a person once participation in the activities mentioned paragraph 6 can be excluded, but one year at the latest after the information has been recorded if no such activities have been proven up to that time.8 it may also gather and process information in accordance with paragraph 5 about organisations and groups on the watch list in accordance with article 72 or their members if the threats posed by these organisations and groups can be assessed thereby.chapter 2 fis tasks and cooperation section 1 tasks, protection and security measures, and weapons art. 6 tasks of the fis 1 the fis shall gather and process information for the following purposes:a. the early recognition and prevention of threats to internal or external security from:1. terrorism,2. espionage,3. the proliferation of nuclear, biological or chemical weapons, including their delivery systems, and all civilian and military goods and technologies required to manufacture such weapons (abc proliferation) or the illegal trade in radioactive substances, war material and other armaments,4. attacks on information, communication, energy, transport and other infrastructures that are essential for the proper functioning of society, the economy and the state (critical infrastructures),5. violent extremism;b. to identify, observe and assess events outside switzerland that are of security-policy significance;c. to safeguard switzerland's capacity to act;d. to safeguard other important national interests in accordance with article 3 where the federal council has issued a specific mandate to do so.2 the fis shall assess the threat situation and inform the federal agencies and cantonal executive authorities concerned regularly about any threats and about the measures taken and planned in terms of this act. if required, it shall alert the state agencies responsible.3 it shall, while protecting its sources, inform other federal and cantonal agencies about events and intelligence that are relevant to the statutory tasks of these agencies in safeguarding internal or external security.4 it shall cultivate intelligence relations between switzerland and foreign agencies.5 it is responsible for providing the intelligence early warning in order to protect critical infrastructures.6 it runs programmes to provide information on and raise awareness of threats to internal or external security.7 it protects its employees, its facilities, its sources and the data that it processes.art. 7 protective and security measures 1 the fis shall take measures to guarantee the protection, safety and security of its employees, facilities and the data that it processes. to this end it may:a. carry out on its premises bag and personal checks on:1. fis employees,2. persons working temporarily for the fis,3. employees of companies that provide the fis with services on its premises;b. carry out checks of rooms and spaces in fis facilities to verify whether the regulations on protecting classified information are being complied with;c. monitor archive rooms, strong rooms and storerooms and the access zones to the fis premises using video transmission and recording devices;d. operate telecommunications jammers in accordance with article 34 paragraph 1ter of the telecommunications act of 30 april 19974 on premises that it uses.2 the fis shall operate a secure computer network for its information systems that must in particular be protected against access by unauthorised persons.4 sr 784.10art. 8 weapons 1 fis employees may be issued with weapons for operations in switzerland if they are exposed to special dangers in the course of their service duties.2 armed employees may only use their weapons for self-defence or in emergencies and only in a manner appropriate to the circumstances.3 the federal council shall determine the categories of employee that may carry weapons and the training that they require.section 2 cooperation art. 9 cantonal executive authorities 1 each canton shall designate an authority to work with the fis in implementing this act (the cantonal executive authority). it shall ensure that this authority is able to carry out fis assignments immediately.2 the fis shall issue assignments to the cantonal executive authorities in writing; in cases of urgency it may issue assignments verbally and confirm them retrospectively in writing.art. 10 informing the cantons 1 the federal department of defence, civil protection and sport (ddps) shall inform the inter-cantonal conferences of governments regularly and in the event of incidents about its assessment of the threat situation.2 the fis shall inform the cantonal executive authorities about events that affect the tasks that they carry out.art. 11 cooperation with the armed forces 1 the fis shall notify the responsible agencies in the armed forces intelligence service and the military security service about events that affect the tasks that they carry out.2 it may work with the responsible agencies of the armed forces in relation to international military contacts, request them for information and issue them with assignments related to international cooperation.3 the federal council shall regulate:a. the cooperation and exchange of information between the fis and the responsible agencies of the armed forces intelligence service;b. the division of tasks between the fis and the military security service during peace support or civil support operations or active service.art. 12 cooperation with other countries 1 the fis may work with foreign intelligence services and security services in terms of article 70 paragraph 1 letter f in order to implement this act, in that it:a. receives or passes on useful information;b. holds joint technical discussions and conferences;c. carries out joint activities to gather and evaluate information and to assess the threat situation;d. procures and passes on information to the requesting state in order to assess whether a person may work on classified foreign projects related to internal or external security or have access to classified foreign information, materials or facilities;e. participates in terms of article 70 paragraph 3 in international automated information systems.2 it may in consultation with the federal department of foreign affairs (fdfa) post employees to swiss representations abroad in order to promote international contacts. these employees shall work directly with the responsible authorities of the host state and third countries in order to implement this act.3 the fis is responsible for cooperation with foreign intelligence services in order to carry out intelligence tasks in terms of this act.4 the cantons may work with the competent foreign police authorities in order to deal with security issues in the border zone.chapter 3 information gathering section 1 information gathering measures not requiring authorisation art. 13 public sources of information public sources of information are in particular:a. publicly accessible media;b. publicly accessible registers of federal and cantonal authorities;c. data collections made publicly accessible by private individuals;d. statements made in public.art. 14 observation of public in generally accessible locations 1 the fis may observe and make sound and image recordings of events and facilities in public and generally accessible locations. it may use aircraft and satellites for this purpose.2 the observation and sound and image recording of events and facilities that fall within the private domain are not permitted. sound and image recordings that fall within the protected private domain but which cannot be prevented for technical reasons must be destroyed immediately.art. 15 human sources 1 human sources are persons who:a. provide the fis with information or intelligence;b. provide the fis with services that assist in the fulfilment of tasks in terms of this act;c. support the fis in procuring information.2 the fis may pay human sources appropriately for their activities. where this is necessary in order to protect the sources or to gather further information, the payment shall not be regarded as taxable income or as income in terms of the federal act of 20 december 19465 on old-age and survivors' insurance.3 the fis shall take the measures required to protect the life and limb of human sources. such measures may also be taken in respect of persons closely associated with human sources.4 the head of the ddps may in specific cases authorise the fis to provide human sources with a cover story or an alias identity on conclusion of their cooperation, if this is necessary in order to protect the life and limb of the persons concerned.5 the measures mentioned in paragraphs 3 and 4 are limited to the period of actual danger. by way of exception, a time limit may be dispensed with or a temporary measure may be changed into a permanent measure if the risks to the persons concerned are particularly serious and it must be expected that they will continue to apply.5 sr 831.10art. 16 alerts on persons and property 1 the fis may arrange for alerts to be issued in the computerised police search system in accordance with article 15 paragraph 1 of the federal act of 13 june 20086 on the federal police information systems (fpisa) and in the national part of the schengen information system in accordance with article 16 paragraph 2 fpisa in respect of persons and vehicles.2 an alert in respect of a person or a vehicle is only permitted if there is reason to believe that:a. the person concerned poses a specific threat to internal or external security in accordance with article 6 paragraph 1 letter a;b. the vehicle is being used by a person defined in letter a;c. the vehicle will be used for a different specific threat to internal or external security in accordance with article 6 paragraph 1 letter a;d. the whereabouts of a person or a vehicle must be established in order to safeguard other important national interests in accordance with article 3. 3 the alert may not be issued in order to monitor the vehicle of a third party that belongs to any of the professions mentioned in articles 171-173 of the criminal procedure code (crimpc)7.6 sr 3617 sr 312.0section 2 cover stories and alias identities art. 17 cover story 1 the director of the fis may authorise fis employees to be provided with a cover story so that they are not recognised as belonging to the fis.2 in consultation with or at the request of a canton, the director may also authorise members of the cantonal executive authorities to be provided with a cover story by the fis.3 in order to establish and maintain a cover story, the fis may produce or alter official documents. the responsible federal, cantonal and communal authorities are required to cooperate with the fis.4 the director of the fis shall submit a report each year to the head of the ddps on the use of cover stories.5 concealing one's association with the fis or a cantonal executive authority without using official documents produced or altered for this purpose does not require any special authorisation.art. 18 alias identities 1 the head of the ddps may authorise the following persons to be provided with an alias identity, i.e. be given an identity other than their true identity in order to ensure their safety or facilitate information gathering:a. fis employees;b. in consultation with or at the request of the canton, employees of the cantonal executive authorities acting in terms of a federal mandate;c. human sources in the course of a specific operation.2 the alias identity may be used for as long as required to ensure the safety of the person concerned or facilitate information gathering. use is subject to the following time limits:a. for employees of the fis or of cantonal security agencies: a maximum of five years; if required, this period may be extended for a maximum of three further years in any given case;b. for human sources: a maximum of twelve months; if required, this period may be extended for a maximum of twelve further months in any given case.3 the use of an alias identity to gather information is only permitted for a purpose set out in article 6 paragraph 1 and where:a. attempts to gather information without using an alias identity have been unsuccessful, would have no prospect of success without the use of an alias identity or would be disproportionately more difficult; orb. there is a threat to a significant legal interest such as the life and limb or physical integrity of the person required to gather the information or of a person closely associated with that person.4 in order to develop and maintain a cover story, the fis may produce or alter identity documents, official documents and other documents as well as personal details. the responsible federal, cantonal and communal authorities are required to cooperate with the fis.5 the fis shall take the required measures to protect the person's true identity from being revealed.section 3 duties to provide information and to report art. 19 obligation to provide information in the case of a specific threat 1 federal and cantonal authorities and organisations that the confederation or the cantons have mandated to fulfil public tasks are obliged in specific cases and on justified request to provide the fis with the information required to identify or repel a specific threat to internal or external security or to safeguard other important national interests in accordance with article 3.2 a specific threat to internal or external security is established if a significant legal interest such as the life and limb or the liberty of persons or the existence and functioning of the state is affected and the threat comes from:a. terrorist activities in the sense of attempts to influence or change the framework of the state that are realised or encouraged by committing or threatening to commit serious offences or by spreading fear and alarm;b. espionage in terms of articles 272-274 and 301 of the criminal code (scc)8 and articles 86 and 93 of the military criminal code of 13 june 19279;c. abc proliferation or the illegal trade in radioactive substances, war material and other armaments;d. an attack on critical infrastructure; ore. violent extremist activities in the sense of efforts by organisations that reject democratic and constitutional values and which commit, incite or endorse acts of violence in order to achieve their objectives.3 the authorities and organisations mentioned in paragraph 1 are required to preserve secrecy in relation to third parties with regard to the request and any information provided. they are permitted to inform their superiors and supervisory bodies.4 they may file a report without having to be requested to do so if they identify a specific threat to internal or external security in terms of paragraph 2.5 the federal council shall specify in an ordinance the organisations that are required to provide information; these include in particular public and private organisations that do not form part of the federal administration but which issue legislation or first-instance rulings as defined in article 5 of the administrative procedure act of 20 december 196810 or which fulfil executive tasks that have been delegated to them by the confederation; the cantons are not regarded as such organisations.8 sr 311.09 sr 321.010 sr 172.021art. 20 special obligation to provide information and report 1 the following authorities are obliged to provide the fis with information in order to carry out its tasks:a. courts, prosecution authorities and authorities responsible for executing criminal sentences and measures;b. the border guard and customs authorities;c. authorities responsible for military security, the authorities of the armed forces intelligence service and the authorities responsible for the military service registration system;d. federal and cantonal authorities responsible for matters relating to the entry and residence of foreign nationals and for asylum matters;e. authorities that are involved in security policing tasks;f. residents' register offices;g. authorities responsible for diplomatic and consular matters;h. authorities responsible for authorising dealings with certain goods;i. authorities responsible for the operation of computer systems;j. authorities that are responsible for the supervision of the financial markets and for accepting reports of suspicions of money laundering in cases of financing terrorism and abc proliferation activities in accordance with the anti-money laundering act of 10 october 199711.2 the authorities listed in paragraph 1 are required to preserve secrecy in relation to third parties with regard to the request and any information provided. they are permitted to inform their superiors and supervision bodies.3 the authorities listed in paragraph 1 shall file a report without having to be requested to do so if they identify a specific and serious threat to internal or external security.124 the federal council shall specify in an unpublished list which activities and intelligence must be reported to the fis without a request being required. it shall specify the extent of the obligation to report and the procedure for providing information.11 sr 955.012 the correction of the fa drafting committee of 12 march 2020, published 24 march 2020, relates to the french text only (as 2020 1057).art. 21 professional confidentiality in the case of information in terms of article 19 or 20, the statutory protection for professional confidentiality continues to apply.art. 22 procedure in the event of differences of opinion about obligations to provide information and to report 1 in the event of any differences of opinion between the fis and another unit of the federal administration with regard to an obligation to provide information in accordance with article 19 or 20, the relevant joint supervisory authority shall make the final decision.2 in the case of differences of opinion between the fis and an organisation, officer or authority that does not form part of the federal administration with regard to an obligation to provide information in accordance with article 19 or 20, the federal administrative court shall decide in accordance with article 36a of the administrative court act of 17 june 200513.13 sr 173.32art. 23 reports and information from third parties 1 the fis may accept reports from any person.2 it may obtain by written or verbal request specific information that it requires in order to carry out its tasks. it may invite persons in writing to be questioned.3 it shall notify the person requested for information that they are providing information voluntarily; the foregoing does not apply to information gathering while using a cover story.art. 24 identification and questioning of persons 1 in order to carry out its tasks in accordance with article 6 paragraph 1 letter a, the fis may have a person stopped in order to establish their identity and to question them briefly in accordance with article 23. 2 the person shall be stopped by cantonal police officers.3 the fis may require the person stopped to provide their personal details and produce identity documents.art. 25 special duties of private individuals to provide information 1 insofar as it is necessary to identify, prevent or repel a specific threat to internal or external security in accordance with article 19 paragraph 2, the fis may request the following information and records in specific cases:a. from a natural person or legal entity that carries out transport operations for commercial gain or provides or arranges means of transport: information about a service that it has provided;b. from private operators of security infrastructures, in particular image transmission and image recording devices: the handover of recordings, including recordings of events in public locations.2 the fis may also obtain information in accordance with article 15 of the federal act of 18 march 201614 on the surveillance of postal and telecommunications traffic (spta).1514 sr 780.115 amended by art. 46 no 2 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).section 4 information gathering measures requiring authorisation art. 26 forms of information gathering measures requiring authorisation 1 the following information gathering measures require authorisation:a.16 surveillance of post and telecommunications and requests for marginal data relating to post and telecommunications in accordance with the spta17;abis.18 the use of special technical devices to monitor telecommunications, to record transmissions or to identify a person or object or to ascertain their location if monitoring in accordance with letter a has been unsuccessful, would be without prospect of success or would be unreasonably difficult and the licences under telecommunications law for the special technical devices have been obtained;b. the use of localisation devices to establish the location and the movements of persons or objects;c. the use of monitoring devices in order to listen to and record words spoken in non-public places or to observe and record events at non-public or not generally accessible locations;d. the intrusion into computer systems and computer networks in order to:1. gather information available there or transmitted from there,2. disrupt, prevent or slow down access to information where the computer systems and computer networks are being used for attacks on critical infrastructures;e. the search of premises, vehicles or storage facilities in order to procure objects or information there or information transmitted from there.2 the measures shall be carried out covertly; the person concerned is not made aware thereof.16 amended by art. 46 no 2 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).17 sr 780.118 inserted by art. 46 no 2 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 27 principle 1 the fis may order an information gathering measure requiring authorisation if:a. there is a specific threat in terms of article 19 paragraph 2 letters a-d or the measure is required to safeguard other important national interests in accordance with article 3;b. the seriousness of the threat justifies the measure; andc. intelligence investigations so far have been unsuccessful or would otherwise be without prospect of success or unreasonably difficult.2 the fis shall obtain the authorisation of the federal administrative court and clearance from the head of the ddps before carrying out the measure.3 if other federal and cantonal agencies are required to participate in carrying out the measure, the fis shall issue them with a written order as soon as the authorisation of the federal administrative court and clearance from the head of the ddps is granted. the information gathering measure must be kept secret.art. 28 ordering information gathering measures requiring authorisation in relation to third parties 1 the fis may also order an information gathering measure requiring authorisation in relation to a third party if there is reason to believe that the person from whom it is intended to gather the information is using premises, vehicles or storage facilities belonging to the third party or the latter's postal addresses, telecommunication connection points, computer systems or computer networks in order to transmit, receive or store information.2 the measure may not be ordered if the third party belongs to one of the professional groups mentioned in articles 171-173 crimpc19.19 sr 312.0art. 29 authorisation procedure 1 where the fis intends to order an information gathering measure requiring authorisation, it shall submit an application to the federal administrative court with:a. details of the specific objective of the information gathering measure and the reasons for its necessity and an explanation of why investigations have so far been unsuccessful, would be without prospect of success or would be unreasonably difficult;b. details of the persons who will be affected by the information gathering measure;c. a precise description of the information gathering measure and details of its statutory basis;d. details of any other agencies that it is intended to instruct to carry out the information gathering measure;e. details of when the information gathering measure will start and finish and the deadline by which it must be carried out;f. the files required for granting authorisation.2 the president of the competent division of the federal administrative court shall issue as a single judge a decision with a brief statement of reasons within five working days of receipt of the application; he or she may delegate this task to another judge.3 the president of the competent division of the federal administrative court shall not authorise a requested information gathering measure if that measure has already been authorised in connection with criminal proceedings against the persons concerned in accordance with paragraph 1 letter b and the criminal investigation is connection with a specific threat that the fis information gathering measure is intended to clarify. the competent courts responsible for compulsory measures or the post and telecommunications surveillance bureau shall provide the federal administrative court with the required information.4 the president of the competent division of the federal administrative court may require a hearing of representatives of the fis as part of the decision-making process.5 he or she may grant authorisation subject to conditions or request further files or further investigations.6 authorisation applies for a maximum of three months. this period may be extended in any given case by a maximum of three months.7 if an extension is required, the fis shall file a substantiated application for an extension in accordance with paragraph 1 before the authorised period expires.8 the president of the competent division of the federal administrative court shall prepare an annual report for the attention of the control delegation (cdel). art. 30 clearance 1 if the information gathering measure has been authorised, the head of the ddps, after consulting the head of the fdfa and the head of the federal justice and police department (fdjp) shall decide on clearance for the measure to be carried out. cases of particular importance may be submitted to the federal council.2 the consultation procedure must be conducted in writing.art. 31 procedure in cases of urgency 1 in cases of urgency, the director of the fis may order the immediate use of information gathering measures requiring authorisation. he or she shall immediately inform the federal administrative court and the head of the ddps. either may terminate the information gathering measure with immediate effect.2 the director of the fis shall file the application within 24 hours with the president of the competent division of the federal administrative court and shall give reasons for the urgency.3 the president of the competent division of the federal administrative court shall notify the fis of his or her decision within three working days.4 if the information gathering measure has been authorised, the head of the ddps, after consulting the head of the fdfa and the head of the fdjp, shall decide on clearance for the measure to be continued.art. 32 termination 1 the fis shall terminate the information gathering measure requiring authorisation immediately, if:a. the authorised period has expired;b. the requirements for continuing with the measure are no longer fulfilled;c. authorisation by the federal administrative court or clearance from the head of the ddps is not granted.2 in cases of urgency, the fis shall ensure the immediate destruction of the data procured if:a. the president of the competent division of the federal administrative court rejects the application;b. the head of the ddps terminates the information gathering measure with immediate effect or refuses clearance for continuation.3 if other agencies are involved in carrying out the information gathering measure requiring authorisation, the fis shall notify them of its termination.4 the fis shall notify the federal administrative court and the head of the ddps of the termination of the information gathering measure.art. 33 obligation to notify 1 the fis shall notify the person being monitored within one month after conclusion of the operation of the reason for and nature and duration of monitoring using information gathering measures requiring authorisation.2 it may postpone or dispense with giving notification if:a. this is necessary so as not to jeopardise an ongoing information gathering measure or ongoing legal proceedings;b. this is necessary due to another overriding public interest in order to safeguard internal or external security or swiss foreign relations;c. notification could cause serious danger to third parties; d. the person concerned cannot be contacted.3 postponing or dispensing with notification must be authorised and cleared in accordance with article 29.section 5 cooperation and protection of sources art. 34 cooperation and delegation of information gathering 1 the fis may carry out the information gathering measures itself, work with domestic or foreign agencies, or delegate information gathering to such agencies provided the other agencies guarantee that information gathering will be carried out in accordance with this act.2 by way of exception, it may also work with private individuals or issue private individuals with assignments if this is required for technical reasons or to gain access to the object of information gathering and the person concerned offers a guarantee that information gathering will be carried out in accordance with this act.art. 35 protection of sources 1 the fis shall ensure the protection of its sources and shall preserve their anonymity, in particular that of foreign intelligence services and security services and of persons who gather information about foreign countries and are endangered as a result. the foregoing does not apply to persons who are accused in criminal proceedings of serious crimes against humanity or war crimes.2 the fis shall disclose the identity of a human source resident in switzerland to the swiss prosecution authorities if the person concerned is suspected of an offence that is prosecuted ex officio or if disclosure is essential in order to identify the perpetrator of a serious offence.3 the following must be considered in relation to the protection of sources:a. the interests of the fis in continuing to use the source for intelligence;b. the need for human sources in particular to be protected from third parties;c. in the case of technical sources: information that should be kept secret about infrastructure, performance capabilities, operational methods and procedures for procuring information.4 in the event of a dispute, the federal criminal court shall decide; the relevant provisions on mutual assistance also apply.section 6 information gathering about events outside switzerland art. 36 general provisions 1 the fis may covertly gather information about events outside switzerland.2 where the fis procures information in switzerland about events outside switzerland, it is bound by the provisions of section 4; article 37 paragraph 2 remains reserved.3 the fis shall ensure that the risk in information gathering is not disproportionate to the expected benefit of information gathering and that interference with the fundamental rights of the persons concerned can be limited to what is necessary.4 it shall document information gathering about events outside switzerland for the attention of the supervision and control bodies.5 it may store data separately from information gathering measures abroad that are comparable with information gathering measures requiring authorisation if this is required because of the volume of data, confidentiality or security.6 fis employees deployed abroad shall be insured during their mission under the federal act of 19 june 199220 on military insurance against illness and accident.7 the fis shall ensure the protection of its employees deployed abroad.20 sr 833.1art. 37 intrusion into computer systems and computer networks 1 where computer systems and computer networks located abroad are used to carry out attacks on critical infrastructures in switzerland, the fis may intrude into these computer systems and computer networks in order to disrupt, prevent or slow down access to information. the federal council shall decide on whether such a measure should be carried out.2 the fis may intrude into computer systems and computer networks abroad in order to gather information about events outside switzerland that is available there or that has been transmitted from there. the head of the ddps shall decide after consulting the head of the fdfa and the head of the fdjp on whether such a measure should be carried out.art. 38 radio communications intelligence 1 the confederation may operate a service for recording electro-magnetic emissions from telecommunications systems located abroad (radio communications intelligence).2 radio communications intelligence has the following purposes:a. information gathering about events outside switzerland that are of significance to security, in particular relating to terrorism, the proliferation of weapons of mass destruction and foreign conflicts that have an effect on switzerland;b. safeguarding of other important national interests in accordance with article 3.3 the federal council shall regulate the fields of communications intelligence, and the organisation and procedures for radio communications intelligence. it shall specify for how long the recorded communications and connection data may be retained by the service carrying out the communications intelligence.4 it shall in particular ensure that from the recorded communications the service carrying out the communications intelligence:a. only passes on information relating to events outside switzerland that are of significance to security;b. only passes on information about persons in switzerland if the information is required to understand an event abroad and has been anonymised beforehand.5 the service carrying out the communications intelligence shall pass on information about events in switzerland obtained from the recorded communications if the information provides evidence of a specific threat to internal security in accordance with article 6 paragraph 1 letter a.6 if it comes across recorded communications in the course of its activities that contain no information about events outside switzerland that are of significance to security and no evidence of any specific threat to internal security, it shall destroy the recordings as quickly as possible.section 7 cable communications intelligence art. 39 general provisions 1 in order to gather information about events outside switzerland that are of significance to security (art. 6 para. 1 let. b) and to safeguard additional important national interests in accordance with article 3, the fis may instruct the service carrying out the communications intelligence to record cross-border signals from cable-based networks.2 if both the transmitter and the recipient are located in switzerland, the recorded signals in accordance with paragraph 1 may not be used. if the service carrying out communications intelligence cannot separate such signals during the recording process, the data procured shall be destroyed as soon as it is established that it originates from such signals.3 data from recorded signals may only be passed on to the fis if its content corresponds to the search parameters defined for the operation. the search parameters must be defined so that their application causes as little interference as possible in the private domain of persons. details of swiss natural persons or legal entities are not permitted as search parameters.4 the federal council shall regulate:a. the permitted fields of communications intelligence;b. the organisation and the details of the procedure for cable communications intelligence;c. the maximum period that the service carrying out the communications intelligence may retain recorded content and connection data obtained from cable communications intelligence.art. 40 authorisation requirement 1 cable communications intelligence mandates require authorisation.2 before the fis issues a mandate for cable communications intelligence it shall obtain the authorisation of the federal administrative court and clearance from the head of the ddps.3 the head of the ddps shall consult the head of the fdfa and the head of the fdjp beforehand. art. 41 authorisation procedure 1 if the fis intends to issue a mandate for cable communications intelligence, it shall file an application with federal administrative court that includes:a. a description of the mandate to be issued to the service carrying out the communications intelligence;b. the reasons why the operation is necessary;c. details of the categories of search parameters;d. details of the operators of cable-based networks and the providers of telecommunications services that must supply the signals required to conduct the cable communications intelligence; ande. details of when the operation will start and finish.2 the further procedure is governed by articles 29-32.3 authorisation applies for a maximum of six months. this period may be extended for a maximum of three months in any given case in accordance with the same procedure.art. 42 conduct 1 the service carrying out communications intelligence receives the signals from the operators and providers in accordance with article 41 paragraph 1 letter d, converts them into data and assesses on the basis of the content which data is passed on to the fis.2 it shall only pass on data to the fis that contains information within the search parameters defined for fulfilment of the mandate. it shall only pass on information about persons in switzerland to the fis if the information is required to understand an event abroad and has been anonymised beforehand.3 if the data contains information about events in switzerland or abroad that provides evidence of a specific threat to internal security in accordance with article 6 paragraph 1 letter a, the service carrying out communications intelligence shall pass on the data unchanged to the fis.4 the service carrying out communications intelligence must destroy data that does not contain any information in accordance with paragraphs 2 and 3 as quickly as possible.5 the fis is responsible for the intelligence evaluation of the data.art. 43 obligations of operators of cable-based networks and providers of telecommunications services 1 operators of cable-based networks and providers of telecommunications services are obliged to provide the service carrying out communications intelligence or the fis with the technical information required to carry out the cable communications intelligence.2 if clearance has been given for an operation, operators of cable-based networks and providers of telecommunications services are obliged to supply signals to the service carrying out communications intelligence. they must remove any encryption that they have applied.3 operators of cable-based networks and providers of telecommunications services are obliged to preserve secrecy about operations.4 the confederation shall compensate operators of cable-based networks and providers of telecommunications services. the federal council shall regulate the level of compensation based on the cost of supplying the signals to the service carrying out communications intelligence.chapter 4 data processing and archiving section 1 principles, quality assurance and data processing in the cantons art. 44 principles 1 the fis and the cantonal executive authorities may process personal data, including sensitive personal data and personality profiles.2 the fis may also process information that proves to be disinformation or false information if this is necessary in order to assess the situation or a source. it shall mark the relevant data as incorrect.3 it may transfer the same data to several information systems. the specifications for the information system concerned apply.4 it may record data within an information system through a network and evaluate it automatically.art. 45 quality assurance 1 the fis shall assess the relevance and accuracy of personal data before recording it in an information system. reports that contain several sets of personal data shall be assessed in their entirety before they are recorded in the filing system.2 it shall only record data that may be used to fulfil the tasks in accordance with article 6, subject to compliance with article 5 paragraphs 5-8.3 it shall destroy data that may not be recorded in any information system or return it to the sender for further investigation or for processing on the sender's own initiative.4 it shall periodically check in all information systems whether the recorded sets of personal data are still required to carry out its tasks. it shall delete data records that are no longer required. incorrect data shall be corrected immediately or deleted; article 44 paragraph 2 remains reserved.5 the fis's internal quality assurance service shall carry out the following tasks:a. it shall review the personal data in the system iasa-gex fis (art. 50) with regard to its relevance and accuracy;b. it shall periodically review the reports from the cantonal executive authorities recorded in the index fis system (art. 51) with regard to their relevance and accuracy;c. it shall verify by random sample the legality, expediency, effectiveness and accuracy of the data processing in all fis information systems;d. it shall delete data in the index fis system that originates from preliminary investigations conducted by the cantons which was recorded more than five years previously, and data whose deletion is requested by the canton;e. it shall arrange internal training sessions for fis employees on data protection matters.art. 46 data processing in the cantons 1 the cantonal executive authorities shall not maintain any data collections of their own in application of this act.2 if the cantons process data on their own initiative, they shall ensure that the cantonal data makes no reference to the existence or content of federal data.3 the cantonal executive authorities may pass on situation assessments and data that they receive from the fis if this is necessary in order to assess measures to safeguard security or to avert a significant danger. the federal council shall regulate the agencies and the extent to which assessments and data may be passed on.section 2 intelligence information systems art. 47 fis information systems 1 the fis shall operate the following information systems in order to carry out its tasks in accordance with article 6:a. iasa fis (art. 49);b. iasa-gex fis (art. 50);c. index fis (art. 51);d. gever fis (art. 52);e. esd (art. 53);f. osint portal (art. 54);g. quattro p (art. 55);h. isco (art. 56);i. residual data memory (art. 57).2 for each fis information system, the federal council shall regulate:a. the catalogue of personal data;b. responsibilities for data processing;c. access rights;d. the frequency of quality assurance, taking account of the seriousness of the interference in constitutional rights caused by data processing;e. the retention period for the data, taking account of the specific needs of the fis in relation to the task areas concerned;f. the deletion of the data;g. data security.art. 48 allocation of data to the information systems the fis shall allocate incoming data as follows:a. data with information about violent extremism: to the iasa-gex fis system;b. data with information that initiates administrative processes only: the gever fis system;c. data with information related to security measures only: the esd system;d. data from publicly accessible sources: the osint portal system;e. data from border and customs checks: the quattro p system;f. data that is used only for task management and for controlling radio and cable communications intelligence: the isco system;g. other data: the residual data memory system.art. 49 iasa fis 1 the fis integral analysis system (iasa fis) is used for the intelligence evaluation of data.2 it contains data relating to the task areas in article 6 paragraph 1, with the exception of data on violent extremism.3 fis employees that have the task of recording, researching, evaluating and assuring the quality of the data have online access to iasa fis. they may carry out data searches with the aid of iasa fis in all fis information systems to which they hold access rights.art. 50 iasa-gex fis 1 the fis integral analysis system for violent extremism (iasa-gex fis) is used for recording, processing and evaluating information relating to violent extremism.2 it contains data relating to violent extremism.3 fis employees that have the task of recording, researching, evaluating and assuring the quality of the data have online access to iasa-gex fis.art. 51 index fis 1 the index fis information system is used:a. to establish whether the fis is processing data relating to a person, an organisation, a group, an object or an event;b. to store reports prepared by the cantonal executive authorities;c. to process data from preliminary investigations carried out by the cantonal executive authorities.2 it enables authorities that are not connected to the specially secured fis network to access data that they need to fulfil their statutory tasks, and the secure transmission of such data.3 it contains:a. data for the identification of the persons, organisations, groups, objects and events recorded in the iasa fis and iasa-gex fis information systems;b. the reports prepared by the cantonal executive authorities independently or on behalf of the fis; c. data from preliminary investigations carried out by the cantonal executive authorities.4 the following persons have online access to the following data in index fis:a. fis employees have access to the data in paragraph 3 letters a and b, provided they have the task of ensuring the early recognition and prevention of threats to switzerland and its population;b. employees of the cantonal executive authorities in order to carry out their tasks in terms of this act and to process and pass on their data from preliminary investigations and their reports to the fis and to other cantonal executive authorities; only employees of the cantonal executive authority that carried out the preliminary investigations and the employees of the fis quality assurance service have access to data in accordance with paragraph 3 letter c;c. employees of the federal office of police have access to the data in accordance with paragraph 3 letter a in order to conduct security-related, criminal investigation and administrative-policing tasks and to assess allegations of money laundering and terrorism financing contained in reports from swiss financial institutions; d. the employees of the ddps information security and facility protection unit have access to the data in accordance with paragraph 3 letter a in order to carry out personnel security screening procedures.art. 52 gever fis 1 the fis information system for records and process management (gever fis) is used for the processing and control of business and to ensure efficient work processes.2 it contains: a. data on administrative transactions;b. all outgoing fis intelligence products; c. data that was used to prepare content in terms of letters a and b;d. information required for the business controls, in particular in connection with personnel security screening procedures.3 fis employees have online access to gever fis.art. 53 esd 1 the electronic situation display system (esd) is used by the competent federal authorities and the cantons as a management instrument and for disseminating information with a view to controlling and implementing security policy measures, in particular in the event of incidents in which acts of violence are anticipated.2 it contains data about incidents and about measures to safeguard internal or external security.3 fis employees and the responsible federal and cantonal authorities that have the task of managing security policy or assessing or dealing with situation-relevant incidents have online access to the esd.4 in the case of special incidents, the fis may also allow private agencies and foreign security and police authorities temporary online access. access is limited to the data in the system that these agencies and authorities require to fulfil their tasks in dealing with the incident concerned.art. 54 osint portal 1 the fis uses the open source intelligence portal (osint portal) to obtain data from publicly accessible sources.2 it contains data that is available when using publicly accessible sources.3 fis employees have online access to the osint portal.4 employees of the cantonal executive authorities may be allowed online access to certain data in the osint portal.art. 55 quattro p 1 the fis may operate an information system (quattro p) that is used to identify certain categories of foreign nationals that enter or leave switzerland and to monitor their entry and exit data.2 it contains data obtained at border posts in the course of border and customs checks which may be used to identify the persons and track their travel movements.3 fis employees that are required to identify persons in order to fulfil tasks in accordance with article 6 have online access to quattro p.4 the federal council shall determine in a non-public list the categories of persons to be recorded in quattro p; in doing so it shall take account of the threat situation at the time.art. 56 isco 1 the communications monitoring information system (isco) is used to monitor and direct radio and cable communications intelligence.2 it contains data to operate the intelligence gathering equipment and for controlling and reporting.3 fis employees that have the task of carrying out radio and cable communications intelligence have online access to isco.art. 57 residual data memory 1 the residual data memory is used to store data that cannot be immediately allocated to another system in accordance with article 48.2 if an information entry in the residual data memory contains personal data, an assessment of relevance and accuracy in accordance with article 45 paragraph 1 is made for the entry as a whole and not in relation to the individual personal data. an individual assessment is made if the personal data is transferred to another information system.3 fis employees that have the task of recording, researching, evaluating and assuring the quality of the data have online access to the residual data memory.4 the maximum retention period for the data is 10 years.section 3 data from information gathering measures requiring authorisation art. 58 1 the fis shall store the data from information gathering measures requiring authorisation in accordance with article 26 on a case-related basis and separately from the information systems listed in article 47.2 it shall ensure that personal data originating from information gathering measures requiring authorisation that is not related to the specific threat situation is not used and is destroyed at the latest 30 days after conclusion of the measure.3 if the information gathering measure requiring authorisation relates to a person who belongs to any of professional groups mentioned in articles 171-173 crimpc21, data that is not related to the specific threat situation shall be separated and destroyed under the supervision22 of the federal administrative court. if the information gathering measure requiring authorisation relates to another person, data about which a person has the right to refuse to testify in accordance with articles 171-173 crimpc must also be destroyed.4 in specific cases and subject to compliance with article 5 paragraphs 5-8, it may also store personal data in the information system provided for this purpose in accordance with article 47 paragraph 1, provided it contains information required to fulfil tasks in accordance with article 6 paragraph 1.5 fis employees that have the task of carrying out a information gathering measure and evaluating the results have online access to the relevant data.6 the federal council shall regulate:a. the catalogue of personal data;b. the processing and access rights;c. the retention period for the data and the procedure for destroying data;d. data security.21 sr 312.022 corrected by the federal assembly drafting committee (art. 58 para. 1 parla; sr 171.10).section 4 special provisions on data protection art. 59 verification before disclosure the fis shall ensure before disclosing any personal data or products that the personal data satisfies the legal requirements of this act and that its disclosure is lawful and necessary in the case concerned.art. 60 disclosure of personal data to swiss authorities 1 the fis shall disclose personal data to domestic authorities if this is necessary in order to safeguard internal or external security. the federal council shall determine the authorities concerned.2 where information obtained by the fis may be used by other authorities to prosecute offences, prevent serious offences or to maintain public order, the fis shall while protecting its sources make this data available to them without being requested to do so or on request.3 the fis shall always disclose data from information gathering measures requiring authorisation to a prosecution authority if it contains specific evidence of an offence in connection with the prosecution of which the prosecution authority would have been entitled to order a comparable criminal procedural measure.4 the fis shall advise the prosecution authorities of the origin of the data. the subsequent procedure is governed by the crimpc23 or the military criminal procedure code of 23 march 197924.23 sr 312.024 sr 322.1art. 61 disclosure of personal data to foreign authorities 1 the fis may disclose personal data or lists of personal data to foreign countries. it shall verify before any disclosure whether the legal requirements for disclosure are met.2 if the legislation of the receiving state does not guarantee appropriate data protection, the personal data may be disclosed to this state in derogation from article 6 paragraph 2 of the federal act of 19 june 199225 on data protection (fadp) only if switzerland maintains diplomatic relations with that state and one of the following requirements is met:a. switzerland is required by law or by an international agreement to disclose the personal data to the state.b. disclosure is required to safeguard an overriding public security interest in switzerland or in the receiving state such as preventing a serious criminal offence which is also a serious offence in switzerland or bringing its perpetrators to justice.c. it is necessary in order to justify a request for information from switzerland.d. it is in the interest of the person concerned and this person has already consented to disclosure or his or her consent may be clearly assumed in the circumstances.e. it is necessary in order to protect the life and limb of third parties.3 the fis may in specific cases disclose personal data to states with which switzerland maintains diplomatic relations if the requesting state provides a written assurance that it has the consent of the person concerned, and the requesting state will as a result be able to assess whether the person concerned can participate in classified projects carried out by that foreign state in relation to internal or external security or have access to classified information, materials or facilities of that foreign state.4 it may disclose personal data online to foreign security agencies whose states guarantee an appropriate standard of data protection and with which switzerland has concluded an agreement in accordance with article 70 paragraph 3.5 personal data may not be disclosed to a foreign security agency if the person concerned will be exposed to the risk of being punished twice or of serious harm to his or her life, limb or freedom in terms of the convention of 4 november 195026 on the protection of human rights and fundamental freedoms or other international agreements that switzerland has ratified.6 if the personal data is required in legal proceedings, the relevant provisions on mutual assistance apply.25 sr 235.126 sr 0.101art. 62 disclosure of personal data to third parties the disclosure of personal data to third parties is only permitted if:a. the person concerned has consented to disclosure or disclosure is indisputably in the interest of the person concerned;b. disclosure is necessary in order to repel a serious immediate danger;c. disclosure is necessary in order to justify a request for information.art. 63 right to information 1 the right to information relating to the esd, osint portal and quattro p information systems, the administrative data in gever fis and data in the storage systems in accordance with articles 36 paragraph 5 and 58 is governed by the fadp27.2 if a person requests information on whether the fis is processing data on them in the iasa fis, iasa-gex fis, index fis or isco information systems, the residual data memory or in the gever fis intelligence data, the fis shall defer its response:a. if and to the extent that there are overriding interests that are justified in the files in preserving secrecy in relation to the data about the person that is being processed that are connected with:1. the fulfilment of a task in accordance with article 6, or2. a prosecution or other investigation;b. if and to the extent that it is required because of overriding interests of third parties; orc. if no data about the applicant is being processed.3 the fis shall notify the applicant that it is deferring the provision of information and advise the applicant that they have the right to request the federal data protection and information commissioner (fdpic) that he examine whether the data, if any, is being lawfully processed and whether overriding interests in preserving secrecy justify the deferral.4 as soon as there are no longer any interests in preserving secrecy, but at the latest on expiry of the retention period, the fis shall provide the applicant with information in accordance with the fadp unless there is excessive work and expense involved.5 the fis shall notify persons in respect of whom no data is being processed of this fact no later than three years after receipt of their request.27 sr 235.1art. 64 examination by the fdpic 1 the fdpic shall conduct an examination in accordance with article 63 paragraph 3 if so requested by the applicant.2 it shall notify the applicant either that no data relating to the applicant has been unlawfully processed or that it has identified errors relating to the deferral of the provision of information and has made a recommendation as defined in article 27 fadp28 to the fis in respect of their rectification.3 it shall notify the applicant that he or she may request the federal administrative court to review this notification or the implementation of the recommendation.4 article 27 paragraphs 4-6 fadp applies by analogy to the recommendation in accordance with paragraph 2.5 if the applicant credibly shows that a deferral of the provision of information will cause him or her considerable harm that cannot be rectified, the fdpic may recommend that the fis issue information immediately by way of exception provided this will not pose a risk to internal or external security.28 sr 235.1art. 65 review by the federal administrative court 1 at the request of the applicant, the federal administrative court shall conduct a review in accordance with article 64 paragraph 3 and notify the applicant thereafter that it has done so.2 if there have been errors in relation to data processing or the deferral of the provision of information, the federal administrative court shall issue a ruling on their rectification to the fis. the foregoing also applies if the fdpic's recommendation is not followed. the fis may appeal against this ruling to the federal supreme court.art. 66 form of notification and exclusion of appeals 1 the notifications in accordance with articles 63 paragraph 3, 64 paragraph 2 and 65 paragraph 1 shall always be worded in the same way and do not contain a statement of reasons. 2 the persons concerned may not contest the notifications.art. 67 exception from the principle of freedom of information the freedom of information act of 17 december 200429 does not apply to access to official documents relating to information gathering in terms of this act.29 sr 152.3section 5 archiving art. 68 1 the fis shall offer data and files that are no longer required or that are earmarked for destruction to the federal archives. the federal archives shall archive data and files from the fis in specially secured rooms. they are subject to a 50year retention period.2 for archive materials that originate from foreign security services, the federal council may extend the retention period on several occasions for a limited period in accordance with article 12 of the archiving act of 26 june 199830 if the foreign security service concerned expresses reservations against any inspection.3 the fis may in specific cases inspect personal data during the retention period that it has passed to the federal archives for archiving in order to assess specific threats to internal or external security or to safeguard any other overriding public interest.4 it shall destroy data and files that the federal archives has designated as not worth archiving.30 sr 152.1chapter 5 services art. 69 1 where there is an intelligence interest or other public interest, the fis may provide services to other federal and cantonal authorities in the following areas in particular:a. secure transmission;b. transport of goods or persons;c. advice and situation assessment;d. protection and defence against attacks on the information or communications infrastructure or on secrecy.2 where there is an intelligence interest, the fis may also provide the foregoing services to third parties in switzerland or abroad.chapter 6 political governance, control and legal remedies section 1 political governance and bans art. 70 political governance by the federal council 1 the federal council shall exercise political governance over the fis and carry out the following tasks in particular for that purpose:a. it shall issue the fis with a basic mission and renew this mission at least every four years; the basic mission shall remain secret.b. it shall authorise the watch list in accordance with article 72 every year and submit it to the cdel; the watch list is confidential.c. it shall determine the groups every year that must be categorised as violent-extremist groups and shall take note of the number of violent extremists that cannot be assigned to any known group.d. it shall assess the threat situation every year and as required in the event of incidents and shall inform the federal assembly and the general public.e. it shall order the required measures in the case of special threat situations.f. it shall decide every year on how the fis will cooperate with foreign authorities.2 the documents in connection with the tasks in paragraph 1 shall not be made accessible to the public.3 the federal council may on its own initiative conclude international agreements on the international cooperation of the fis in relation to the protection of information or participation in international automated information systems in accordance with article 12 paragraph 1 letter e.art. 71 safeguarding other important national interests 1 in the event of a serious and immediate threat, the federal council may instruct the fis to carry out measures in terms of this act to the extent that these measures are required to safeguard other important national interests in accordance with article 3.2 it shall in each case determine the duration, purpose, nature and extent of the measure.3 in the case of information gathering measures requiring authorisation, the authorisation procedure in accordance with articles 26-33 must be complied with.4 if the federal council issues instructions in accordance with paragraph 1, it shall inform the cdel within 24 hours.art. 72 watch list 1 the watch list contains details of organisations and groups that are reasonably assumed to pose a threat to internal or external security.2 the assumption is deemed to be reasonable where an organisation or group appears on a list kept by the united nations or the european union; in this case, this organisation or group may be included on the watch list.3 an organisation or group shall be removed from the watch list if: a. the assumption that it poses a threat to internal or external security no longer applies; or b. it no longer appears on any list in accordance with paragraph 2 and there are no particular reasons why it should pose a threat to internal or external security.4 the federal council shall set out in an ordinance the criteria by which the watch list is drawn up; it shall determine the periodicity for reviewing the list.art. 73 order banning an activity 1 the federal council may ban a natural person or an organisation or group from carrying out an activity that poses a specific threat to internal or external security and directly or indirectly serves to propagate, support or otherwise promote terrorist or violent-extremist activities.2 a ban may be imposed for a maximum of five years. if the requirements are still met on expiry of this period, the ban may be extended for a maximum of five further years.3 the applicant department shall regularly review whether the requirements are still being met. if this is no longer the case, it shall apply to the federal council for the ban to be lifted.art. 74 organisation ban 1 the federal council may ban an organisation or group that directly or indirectly propagates, supports or otherwise promotes terrorist or violent-extremist activities and thus poses a specific threat to internal or external security.2 a ban shall be based on a united nations resolution on a ban or on sanctions; the federal council shall consult the committees responsible for security policy.313 a ban may be imposed for a maximum of five years. if the requirements are still met on expiry of this period, the ban may be extended for a maximum of five further years.4 any person who on swiss territory participates in an organisation or group banned under paragraph 1, supports it by providing human or other resources, organises propaganda campaigns for its aims, recruits for it or in any other way promotes its activities shall, be liable to a custodial sentence not exceeding five years or to a monetary penalty.324bis the court may reduce the penalty in accordance with paragraph 4 (art. 48a scc33) if the offender makes an effort to foil the further activities of the organisation or group.345 it is an offence for any person to commit the foregoing offence outside switzerland if that person is arrested in switzerland and not extradited. article 7 paragraphs 4 and 5 scc35 applies.6 the prosecution and adjudication of acts under paragraphs 4 and 5 are subject to federal jurisdiction.367 the responsible authorities shall notify the fis of any judgments, penalty orders and decisions to dismiss proceedings immediately and free of charge, providing copies of all related documents.3731 amended by annex no ii 1 of the fa of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).32 amended by annex no ii 1 of the fa of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).33 sr 311.034 inserted by annex no ii 1 of the fa of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).35 sr 311.036 amended by annex no ii 1 of the fa of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).37 amended by annex no ii 1 of the fa of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).section 2 control and supervision of the fis art. 75 self-control by the fis the fis shall ensure by means of suitable quality assurance and control measures that the lawful implementation of this act both within the fis and within the cantonal security services is guaranteed.art. 76 independent supervisory authority 1 the federal council shall establish an independent authority to oversee the fis. 2 in response to a proposal from the ddps, it shall appoint the director of the independent supervisory authority for a term of six years.3 the director shall be re-appointed for a further term unless the federal council rules at the latest six months before the end of the current term that this is not appropriate on objectively reasonable grounds.4 the director may resign from the post as of the end of any month subject to giving six months' notice thereof to the federal council.5 he or she may be removed from the post by the federal council before the expiry of the term office if he or she:a. breaches his or her official duties wilfully or through gross negligence; orb. becomes permanently incapable of exercising office.art. 77 status of the independent supervisory authority 1 the independent supervisory authority shall carry out its tasks independently; it is not bound by directives from other authorities. it is assigned to the ddps for administrative purposes.2 it has its own budget. it appoints its own staff.3 it constitutes itself. it shall regulate its organisation and its working methods in its own procedural rules.4 the employment contracts of the head and the staff of the independent supervisory authority are governed by the federal personnel act of 24 march 200038. the head is not subject to the assessment system in accordance with article 4 paragraph 3 of the federal personnel act.3938 sr 172.220.139 the correction of the fa drafting committee of 12 march 2020, published 24 march 2020, relates to the french text only (as 2020 1057).art. 78 tasks, rights to information and recommendations of the supervisory authority 1 the independent supervisory authority shall oversee the intelligence service activities carried out by the fis, cantonal executive authorities and third parties and other agencies delegated these tasks by fis. it shall audit these activities to confirm their legality, expediency and effectiveness.2 it shall coordinate its activities with parliamentary supervision activities and with other federal and cantonal supervision bodies.3 it shall inform the ddps about its activities in an annual report; this report shall be published.4 it has access to all relevant information and documents and access to all the premises of the subjects of supervision. it may request copies of documents. within the scope of its supervision activities, it may request information from and may inspect files held by other federal and cantonal agencies, provided this information is related to the cooperation between these agencies and the subjects of supervision.5 in order to carry out its supervision activities, it may have access to all the information systems and data collections of the subjects of supervision; it may also have access to sensitive personal data. it may only store the data thereby obtained until the audit is completed. the proprietors of the data collection concerned must keep a record of access to the various data collections. 6 the independent supervisory authority shall provide the ddps with a written report on the results of its audit. it may issue recommendations.7 the ddps shall ensure that the recommendations are implemented. if the ddps rejects a recommendation, it shall submit the same to the federal council for a decision.art. 79 independent control authority for radio and cable communications intelligence 1 an independent control authority within the administration shall verify the legality of radio communications intelligence and supervise the conduct of authorised and cleared cable communications intelligence assignments. in carrying out its tasks, it is not bound by directives from other authorities. the federal council shall appoint its members.2 the control authority shall examine the assignments given to the service carrying out communications intelligence and the processing and passing on of information that this service has obtained. for this purpose, it shall be granted access by the responsible agencies to all relevant information and facilities.3 it may issue recommendations based on its audit and request that the ddps terminate radio communications intelligence assignments and delete information. its recommendations, requests and reports are not made public. 4 the federal council shall regulate the composition and the organisation of the control authority, the remuneration of its members and the organisation of its secretariat. the term of office amounts to four years.art. 80 supervision and control by the federal council 1 the ddps shall inform the federal council regularly about the threat situation and the activities of the fis.2 the federal council shall regulate:a. financial supervision over the spheres of activity of the fis that require particular confidentiality;b. the minimum requirements for control in the cantons and the responsibilities of federal supervision bodies.3 international administrative agreements concluded by the fis that are of long-term duration, have substantial financial consequences or of which the federal council should be notified for legal or political reasons require approval by the federal council. this requirement of approval also applies to unwritten agreements. the agreements may only be implemented once approval is given.4 the ddps shall inform the federal council and the cdel annually or as required about the purpose and number of alias identities being used by employees of the fis or cantonal security agencies. the number of newly issued identity documents must be shown separately.5 the federal council shall inform the cdel annually and as required about bans on activities and the results of the regular review in accordance with article 73 paragraph 3 and about bans of organisations.art. 81 parliamentary oversight 1 parliamentary oversight of the activities of the fis and the cantonal executive authorities acting on behalf of the confederation in implementing this act is the responsibility in their respective spheres of the cdel and the finance delegation in accordance with the parliament act of 13 december 200240.2 cantonal parliamentary supervisory bodies may oversee implementation in accordance with article 85 paragraph 1.40 sr 171.10art. 82 cantonal supervision 1 employees of the cantonal executive authorities that are entrusted by the cantons with tasks in terms of this act are governed by cantonal public service legislation and subject to the cantonal supervision of their superiors.2 supervision in the cantons is the responsibility of the superior authorities to the cantonal executive authority concerned. these authorities may employ a control authority in order to provide assistance with supervision; this body must be separate from the cantonal executive authority and accountable to the superior authorities. 3 in order to exercise its supervisory activities, the cantonal supervisory authority shall be provided with a list of assignments issued by the fis and the watch list in accordance with article 72.4 the cantonal supervisory authority may inspect the data that the canton is processing on behalf of the confederation. inspection may be refused if essential security interests so require.5 the federal council shall regulate the inspection procedure. in the case of disputes, an action may be brought in the federal supreme court in accordance with article 120 paragraph 1 letter b of the federal supreme court act of 17 june 200541.6 the federal council shall regulate the support given to the cantonal supervisory authority by federal agencies. 41 sr 173.110section 3 legal remedies art. 83 1 rulings based on this act issued by federal bodies may be contested by appeal to the federal administrative court.2 an appeal against a ruling on the special obligation imposed on private individuals to provide information and on a ban on activities or organisations does not have the effect of suspending the ruling.3 the period allowed for filing the appeal against an order for an information gathering measure requiring authorisation begins on the day that notice of the measure is received.4 appeal decisions of the federal administrative court may be appealed to the federal supreme court. the procedure is governed by the federal supreme court act of 17 june 200542.42 sr 173.110chapter 7 final provisions art. 84 implementing provisions the federal council shall issue the implementing provisions.art. 85 implementation by the cantons 1 the cantons shall gather and process information in accordance with article 6 paragraph 1 letter a without having to be requested to do so or based on a special assignment issued by the fis. when doing so, the cantonal executive authorities have the power to make use on their own initiative of information gathering measures not requiring authorisation in accordance with articles 13-15, 19, 20, 23 and 25.2 the cantonal executive authorities shall submit a report to the fis without having to be requested to do so if they identify a specific threat to internal or external security.3 the fis shall work with the cantons to implement this act, in particular by providing technical resources, through protective and monitoring measures and by offering joint training courses.4 the cantons shall within the limits of their capacities support the fis in implementing its tasks, in particular by:a. providing the required technical resources;b. organising the required protective and observation measures;c. assisting with training.5 the confederation shall within the limits of the approved credits compensate the cantons for their support in implementing this act. the federal council shall fix the level of compensation based on the number of persons primarily employed to carry out federal tasks.art. 86 repeal and amendment of other enactments the repeal and the amendment of other enactments are regulated in the annex.art. 87 coordination with the amendment of 25 september 2015 of the civilian service act .4343 the coordination provision may be consulted under as 2017 4095.art. 88 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 september 20174444 fcd of 16 aug. 2017.annex (art. 86)repeal and amendment of other legislation ithe federal act of 3 october 200845 on responsibilities in the area of the civilian intelligence service is repealed.iithe legislation below is amended as follows:.4645 [as 2009 6565, 2012 3745 annex no 1 5525, 2014 3223]46 the amendments may be consulted under as 2017 4095.

122 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the proscription of the groups al-qaeda and islamic state and associated organisationsof 12 december 2014 (status as of 1 january 2019)the federal assembly of the swiss confederation,based on articles 54 paragraph 1 and 173 paragraph 2 of the federal constitution1, and having considered the federal council dispatch of 12 november 20142,decrees:1 sr 1012 bbl 2014 8925art. 1 proscription the following groups and organisations are proscribed:a.the group al-qaeda;b.the group islamic state;c.cover and successor groups to al-qaeda or the islamic state and organisations and groups that correspond in their leadership, aims and methods to al-qaeda or the islamic state or which act on their behalf.art. 2 criminal provisions 1 any person who on swiss territory participates in a group or organisation proscribed under article 1, supports such a group in human resources or material terms, organises propaganda campaigns for them or for their aims, recruits for them or promotes their activities in any other way shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 any person who commits any of the foregoing acts abroad also commits an offence if he or she is arrested in switzerland and not extradited. article 7 paragraphs 4 and 5 of the swiss criminal code3 apply.3 the prosecution and adjudication of the acts described in paragraphs 1 and 2 are subject to federal jurisdiction.3 sr 311.0art. 3 forfeiture of assets the general provisions of the criminal code4 on the forfeiture of assets apply, and in particular articles 70 paragraph 5 and 72.4 sr 311.0art. 4 referendum, commencement and term of validity 1 this act is declared urgent (art. 165 para. 1 federal constitution). it is subject to an optional referendum (art. 141 para. 1 let. b federal constitution).2 it comes into force on 1 january 2015 and applies until 31 december 2018.3 the term of validity of this act shall be extended until 31 december 2022.55 inserted by no i of the fa of 15 june 2018, in force since 1 jan. 2019 (as 2018 3345; bbl 2018 87).

124 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon the use of private security companies by the federal government(ordinance on the use of private security companies, oupsc)of 24 june 2015 (status as of 20 october 2015)the swiss federal council,based on article 182 paragraph 2 of the federal constitution1,ordains:1 sr 101section 1 general provisions art. 1 scope of application 1 this ordinance applies to federal authorities (the contracting authorities) that contract with a private security company (the company) for the performance of protection tasks in switzerland or abroad.2 the provisions of the federal act of 27 september 20132 on private security services provided abroad remain reserved if the contracting authority contracts with a company to carry out protection tasks in a complex environment in terms of article 1 paragraph 1 the ordinance of 24 june 20153 on private security services provided abroad.2 sr 935.413 sr 935.411art. 2 statutory basis the contracting authority may only assign the performance of a protection task to a company if there is a statutory basis for doing so.art. 3 consultation 1 a contracting authority that contracts with a company for the performance of protection tasks in switzerland shall consult the head of security of its department.2 a contracting authority that contracts with a company for the performance of protection tasks abroad shall consult the federal department of foreign affairs (fdfa) and the federal department for defence, civil protection and sport.section 2 requirements art. 4 requirements for the company 1 prior to contracting with a company, the contracting authority shall ascertain that the company in question meets the following requirements:a.it is able to provide the required guarantees concerning the recruitment, training, and oversight of its personnel;b.its good reputation and irreproachable conduct in business are attested to in particular by:1.adherence to a code of conduct,2.experience in the field,3.references, or4.membership of a professional association;c.it is solvent;d.it has an adequate internal control system which ensures that its personnel comply with established standards of conduct and that disciplinary measures are taken where misconduct occurs;e.it is authorised under the applicable law to carry out activities in the domain of private security;f.it has liability insurance coverage in an amount commensurate with the risk incurred.2 the contracting authority may, by way of exception, contract with a company to provide security services abroad where that company does not possess liability insurance coverage if:a.purchasing such insurance would engender disproportionate costs to the company; andb.the liability risk and the amount of any compensatory damages to be borne by the confederation may be assessed as low.3 paragraph 1 does not apply if the supervision or guarding of military installations is carried out by persons who are contractually assigned to do so under article 6 paragraph 2 letter b of the military installations protection ordinance of 2 may 19904.4 sr 510.518.1art. 5 training of personnel 1 the contracting authority shall ascertain that the security personnel of the company have received adequate training that is commensurate with the protection task assigned to them and that includes the following aspects in particular:a.respect for fundamental rights, personal privacy rights, and procedural law;b.the use of physical force and weapons when acting in self-defence or in situations of necessity;c.dealing with persons offering resistance or prepared to resort to violence;d.providing first aid;e.assessing health risks entailed in the use of force;f.combating corruption.2 if the protection task is carried out abroad, the contracting authority shall also ascertain that the personnel have received appropriate instruction in the applicable international and national law.3 the contracting authority may, by way of exception, contract with a company to provide security services abroad where that company does not fully meet the requirements set out in paragraphs 1 and 2, on condition that there is no other company that meets those requirements at the place at which the service is to be provided and that the protection task cannot otherwise be accomplished.4 the maximum duration for which a contract may be concluded under paragraph 3 is six months. the contracting authority shall take measures to ensure that the company fulfils the requirements set out in paragraphs 1 and 2 within as short a time as possible. such measures shall be stipulated in the contract.art. 6 identification of personnel the contracting authority shall make certain that personnel are identifiable when acting in the exercise of their function.art. 7 arming of personnel in switzerland 1 the contracting authority shall specify in the contract whether the personnel must be armed for the purposes of self-defence or for situations of necessity.2 it shall ensure that the personnel have the required permits.3 the relevant provisions on self-defence and situations of necessity are reserved.art. 8 arming of personnel abroad 1 all personnel shall, as a general rule, be unarmed.2 where the situation abroad requires that any personnel, by way of exception, carry a weapon so as to be able to react in self-defence or in a situation of necessity, the contracting authority shall specify this in the contract.3 the contracting authority shall ascertain that the personnel are in possession of the permits required under the applicable law.4 the weapons legislation of the place at which the protection task is to be performed applies.art. 9 use of force and other police measures in switzerland 1 the contracting authority may provide in the contract that the personnel may use force or other police measures as defined in the use of force act of 20 march 20085 (ufa) if there is a statutory basis for doing so.2 it shall ensure that the personnel have received the required training.3 the use of force and other police measures is governed by the provisions of the ufa.5 sr 364art. 10 use of force and other police measures abroad 1 where it is possible to accomplish a protection task only through the use of force or other police measures as defined in the ufa6, the federal council may grant permission to do so even in situations other than those of self-defence or of necessity.2 the federal council shall make certain that the personnel have received the appropriate training.3 the law at the place of deployment applies.6 sr 364art. 11 content of the contract 1 the contract with the company shall require the company in particular to:a.provide information on progress with the performance of the contract if the contracting authority so requests;b.disclose the identity of the personnel deployed to the contracting authority;c.prepare a report for submission to the contracting authority;d.immediately replace any personnel who do not have the required skills or who adversely affect the performance of the contract;e.immediately report to the contracting authority any circumstances that could adversely affect the performance of the contract;f.immediately report to the contracting authority any incidents in which personnel have used force or police measures or have acted in self-defence or in a situation of necessity;g.immediately report to the contracting authority if the requirements for the company or for training are no longer being met;h.obtain the prior written consent of the contracting authority before the contractual delegation of protection tasks.2 the contract shall also contain:a.the details required by articles 7-10 of this ordinance;b.provision for contractual penalties in the event of non-fulfilment.art. 12 model contract 1 the federal department of justice and police shall issue a model contract for the contracts that are to apply in switzerland. the model contract shall be made accessible online.2 the fdfa shall issue a model contract in terms of article 15 of the ordinance of 24 june 20157 on private security services provided abroad for the contracts that are to apply abroad.7 sr 935.411art. 138 notice 1 the contracting authority shall provide the head of security of its department with a copy of the contract concluded with the company and inform the head of security of any problems related to the performance of the contract in switzerland.2 it shall provide the fdfa and the head of security of its department with a copy of the contract concluded with the company and inform the fdfa and the head of security of its department of any problems related to the performance of the contract abroad.8 correction of 20 oct. 2015 (as 2015 3975).section 3 final provisions art. 14 repeal and amendment of other legislation 1 the ordinance of 31. october 20079 on the use of private security companies is repealed.2 .109 [as 2007 5225]10 the amendment may be consulted under as 2015 2333.art. 15 transitional provision the contracting authority shall by 1 september 2018 amend existing contracts that do not meet the requirements of this ordinance.art. 16 commencement this ordinance comes into force on 1 september 2015.

161.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton political rights(pra)1of 17 december 1976 (status as of 1 november 2015)1 inserted by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).the federal assembly of the swiss confederation,on the basis of article 39 paragraph 1 of the federal constitution2,3and having considered a federal council dispatch dated 9 april 19754,decrees:2 [bs 1 3; as 1962 1695, 1971 329, 1984 290]. the provisions mentioned now correspond to articles 39, 136, 149 and 192 of the federal constitution of 18 april 1999 (sr 101).3 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).4 bbl 1975 i 1317title 1 right to vote and voting art. 15 5 repealed by no i of the federal act of 21 june 2002, with effect from 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 26 ineligibility to vote persons lacking legal capacity who are ineligible to vote in accordance with article 136 paragraph 1 of the federal constitution are persons who are subject to a general deputyship or are represented by a carer as they are permanently incapable of judgement.6 amended by annex no 3 of the federal act of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 3 political domicile 1 votes shall be cast in the political domicile, i.e. the commune in which the person eligible to vote is resident and registered to vote. persons of no-fixed residence shall vote in their commune of origin.72 any person who deposits an identification document other than the certificate of origin (certificate of residence, provisional certificate, etc.) shall acquire political domicile only if they prove that they are not registered to vote in the place where their certificate of origin is deposited.7 second sentence inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 4 electoral register 1 persons who are eligible to vote at the political domicile must be entered in the electoral register. registrations and deletions must be carried out officially.2 prior to an election or vote, entries must be made in the electoral register until the fifth day before the polling day provided the requirements for participation are fulfilled on the polling day.3 the electoral register is shall be available for inspection to those who are eligible to vote.art. 5 principles of voting 1 official ballot papers must be used for voting. cantonal vote recording vouchers for electronic data processing shall be regarded as equivalent to official ballot papers.82 ballot papers that are not pre-printed must be completed by hand. pre-printed ballot papers may be altered only by hand.3 persons who are eligible to vote may vote in person or by post.9 voting in electronic voting pilot schemes is governed by article 8a.104 and 5 .116 votes may be cast by proxy at the polling station provided cantonal law permits this for cantonal votes and elections. persons who are eligible to vote but who are unable to write may have their ballot paper completed in accordance with their instructions by person of their choice who is eligible to vote.127 voting secrecy must be preserved.8 second sentence inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).9 amended by no i of the federal act of 18 march 1994, in force since 15 dec. 1994 (as 1994 2414; bbl 1993 iii 445).10 second sentence inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).11 repealed by no i of the federal act of 18 march 1994, with effect from 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).12 amended by no i of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635; bbl 2006 5261).art. 6 voting by persons with disabilities the cantons shall ensure that any person who, due to a disability or any other reason, is permanently incapable of carrying out the procedures required for voting is able to vote.art. 7 advance voting 1 the cantons shall permit advance voting on at least two of the four days immediately prior to the polling day.2 for the purpose of advance voting, cantonal law must provide for all or certain polling stations to be open for a specific time or that persons eligible to vote may hand over their ballot paper in a sealed envelope at a public office.3 where cantons provide for an extended form of advance voting, this also applies in federal votes and elections.4 the cantons shall enact the required provisions relating to the counting of all the votes cast, the preservation of voting secrecy and the prevention of abuses.art. 8 postal voting 1 the cantons shall provide a simple procedure for postal voting. in particular, they shall enact provisions to guarantee the verification of eligibility to vote, voting secrecy and the counting of all the votes cast, and to prevent abuses.2 postal voting is permitted from the time of receipt of the documents required to cast a valid vote in accordance with cantonal law.1313 amended by no i of the federal act of 18 march 1994, in force since 15 dec. 1994 (as 1994 2414; bbl 1993 iii 445).art. 8a14 electronic voting 1 the federal council may in consultation with interested cantons and communes permit electronic voting pilot schemes that are limited in their geographical scope, in the dates on which they are held, and in the subject matter to which they relate.1bis it may on application authorise cantons that have conducted electronic voting pilot schemes successfully and without malfunction over a lengthy period to continue such schemes for a period that it stipulates. it may make authorisation subject to requirements or conditions or, taking account of the overall circumstances, exclude electronic voting at any time, whether in terms of its geographical scope, the subject matter to which it relates, or the date on which it is held.152 the verification of eligibility to vote, voting secrecy and the counting of all the votes cast must be guaranteed and abuses prevented.3 .164 the federal council shall regulate the details of such schemes.14 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).15 amended by no i of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635 4637; bbl 2006 5261).16 repealed by no i of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, with effect from 1 jan. 2008 (as 2007 4635 4637; bbl 2006 5261).art. 917 17 repealed by no ii 4 of the federal act of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).title 2 votes art. 10 organisation 1 the federal council shall determines the rules by which polling days are appointed. in doing so, it shall take account of the requirements of those eligible to vote, parliament, the cantons, the parties and the agencies responsible for effecting service of voting documents, and shall avoid any collisions of dates that may result from differences between the calendar year and the church year.181bis the federal council shall determine, four months prior to the polling day at the latest, which proposals are to be submitted to the vote of the people. this period of four months may be reduced in the case of federal acts that have been declared to be urgent.192 each canton is responsible for the conduct of the vote within its own territory and issues the required regulations.18 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).19 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 10a20 information for persons eligible to vote 1 the federal council shall continually inform persons eligible to vote about federal proposals to be submitted to the vote of the people.2 in doing so, it shall comply with the principles of completeness, objectivity, transparency and proportionality.3 it shall present the most important views represented in the parliamentary decision-making process.4 it shall not make a recommendation on how to vote that diverges from the position of the federal assembly.20 inserted by no i of the federal decree of 5 oct. 2007, in force since 15 jan. 2009 (as 2009 1 2; bbl 2006 9259 9279).art. 11 proposals submitted to a vote of the people, ballot papers and explanatory statements 21 1 the confederation shall provide the cantons with the proposals to be submitted to a vote of the people and the ballot papers.2 each proposal shall be accompanied by a short, objective explanation from the federal council that shall also take account of the opinions of significant minorities. the proposal must contain the wording of the questions on the ballot paper. in the case of popular initiatives and referendums, the initiative committee shall inform the federal council of their arguments and the federal council shall take such arguments into account in its explanatory statement. the federal council may amend or reject defamatory, blatantly false or excessively long statements. references to electronic sources may be included in the explanatory statement only if the author of the references declares in writing that none of the content of the sources is illegal and that the sources are not linked to electronic publications with illegal content.223 persons eligible to vote shall receive the documents required to cast a valid vote under cantonal law (ballot paper, polling card, official voting envelope, validation stamp23, etc.) at least three and no more than four weeks prior to the polling day. proposals submitted to a vote of the people and explanatory statements may be sent at an earlier date. the federal chancellery shall publish the proposals and the explanatory statement electronically at least six weeks prior to the polling day.24 254 the cantons may by law authorise communes to send only one copy of the proposals and the explanatory statements to each household unless a member of the household who is eligible to vote requests that personal copies be sent.2621 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii).22 amended by no i of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635; bbl 2006 5261).23 term in accordance with no ii 4 of the federal act of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437 3452; bbl 2007 6121). this amendment has been made throughout the text.24 third sentence inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).25 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).26 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 12 invalid ballot papers 1 ballot papers are invalid if theya.are not official;b.have been completed other than by hand; c.do not permit the intention of the voter to be clearly recognised;d.contain defamatory remarks or obviously irrelevant markings;e.27.2 grounds for invalidity or nullity that relate to cantonal procedures (official voting envelope, validation stamp, etc.) are reserved.3 in the case of electronic voting pilot schemes28, the legislation of each canton conducting such a scheme shall determine the requirements according to which votes are validly cast and the grounds for invalidity.2927 repealed by no ii of the federal act of 22 march 1991, with effect from 1 jul. 1992 (as 1991 2388; bbl 1990 iii 445).28 term in accordance with no ii 4 of the federal act of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121). this amendment has been made throughout the text.29 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 13 determination of the result of the vote 30 1 blank and invalid ballot papers shall be disregarded when determining the result of the vote.2 where the yes-votes in a canton are equal in number to the no-votes, the vote of that canton shall be counted towards the cantons voting no.313 a very close result requires a recount if there are credible allegations of irregularities that by their nature and extent could have influenced the federal result.3230 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).31 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).32 inserted by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 14 report on the vote 1 in every polling station, a report shall be drawn up on the result of the vote which states the total number of persons eligible to vote and the number of swiss citizens resident abroad who are eligible to vote, the total number of voters, the total number of blank, invalid and valid ballot papers, and the number of votes cast in favour of and against the proposal.332 the report shall be sent to the cantonal government. the cantonal government shall compile the provisional results from the entire canton, notify the federal chancellery of the results and publish the same in the official cantonal gazette within 13 days of the polling day. if necessary, the cantonal government shall publish a special issue of the official cantonal gazette.343 the cantons shall submit the report, and if so requested, the ballot papers, to the federal chancellery within ten days of expiry of the period allowed for an appeal to be lodged (art. 79 para. 3). following validation of the result of the vote, the ballot papers shall be destroyed.33 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).34 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 15 validation and publication of the result of the vote 1 the federal council shall ascertain the result of the vote (validation) as soon as it is established that no appeal against the vote has been filed with the federal supreme court, or as soon as a decision has been made on such an appeal.352 the validation decree shall be published in the federal gazette.3 amendments to the federal constitution shall come into force on their adoption by the people and the cantons, unless the proposal provides otherwise.4 where a change in the law cannot be delayed and as soon as the result of the vote is beyond dispute, the federal council or the federal assembly may bring draft legislation or federal decrees on the adoption of international treaties provisionally into force prior to the completion of the validation procedure, or in the case of acts that have been declared to be urgent, allow such acts to continue in force, or repeal the same.3635 amended by annex no 2 of the federal supreme court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 1205 1069 art. 1 let. a; bbl 2001 6402).36 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).title 3 election of the national council chapter 1 general art. 1637 allocation of seats to the cantons 1 the allocation of seats in the national council among the cantons is based on the figures for the resident population obtained from the register-related surveys carried out as part of the census in accordance with the census act of 22 june 200738 in the first calendar year following the previous general elections to the national council.2 based on the binding figures for the resident population in accordance with article 13 of the census act of 22 june 2007, the federal council shall make a binding decision on the number of seats to be allocated to each canton in the follow general election to the national council.37 amended by art. 17 no 1 of the census act of 22 june 2007, in force since 1 jan. 2008 (as 2007 6743; bbl 2007 53).38 sr 431.112art. 1739 allocation procedure the 200 seats in the national council shall be allocated among the cantons in accordance with the following procedure:40a.preliminary allocation:1.the resident population of switzerland is divided by 200. to obtain the first allocation number, the result is rounded up to the nearest whole number, unless it is already a whole number, in which case it is increased to the next highest whole number. each canton whose population is lower than this number is allocated one seat, and is excluded from the further stages of the allocation procedure.2.the resident population of the remaining cantons is divided by the number of seats that have yet to be allocated. to obtain the second allocation number, the result is rounded up to the nearest whole number, unless it is already a whole number, in which case it is increased to the next highest whole number. each canton whose population is lower than this number is allocated one seat, and is excluded from the further stages of the allocation procedure.3.this procedure is repeated until the remaining cantons reach the final allocation number.b.principal allocation: each remaining canton is allocated as many seats as its population divided by the final allocation number.c.final allocation: the remaining seats are divided among the cantons with the highest fractions of a whole number remaining. where more than one canton has the same remaining fraction, the canton or cantons with the lower or lowest remaining number that results from the division of their population by the first allocation number are excluded. if this also results in the same remaining number for more than one canton, the allocation of the remaining seats is decided by drawing lots.39 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).40 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 1841 41 repealed by annex no ii 1 of the parliament act of 13 december 2002, with effect from 3 dec. 2007 (as 2003 3453; bbl 2001 3467 5428).art. 19 date of the election 1 the ordinary general election to the national council shall be held on the second last sunday in october. the cantonal government shall fix the earliest possible date for by-elections and supplementary elections.2 the federal council shall fix the date for an extraordinary general election in terms of article 193 paragraph 3 of the federal constitution.4242 amended by no i of the ordinance of 8 oct. 1999, in force since 1 march 2000 (as 2000 411 413; bbl 1999 7922).art. 20 drawing of lots if lots must be drawn, this takes place in the canton subject to the orders of the cantonal government, or at a federal level subject to the orders of the federal council.art. 20a43 43 inserted by no i of the federal act of 18 march 1994 (as 1994 2414; bbl 1993 iii 445). repealed by no ii 4 of the federal act of 20. march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).chapter 2 elections based on a system of proportional representation section 1 candidature art. 2144 final date for submission of candidate lists 1 cantonal law shall specify one monday in the august of the election year as the final date for the submission of candidate lists, and it shall stipulate the authority to which the lists should be submitted.452 the candidate lists must arrive at the cantonal authority on the final date for submission at the latest.3 the cantons shall notify the federal chancellery of each candidate list without delay.44 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).45 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 22 number and designation of the candidates 1 a candidate list may contain no more names of persons eligible for election than the number of seats in the national council that have been allocated to the constituency, and no name may appear more than twice on any list. where a candidate list contains more than the maximum number of names, the last names on the list shall be deleted.2 the candidate lists must provide the following details for each candidate:a.official surname and first names;b.the name by which the person is known in politics or in everyday life;c.sex;d.date of birth;e.home address including postcode;f.place and canton of origin; andg.occupation.46 3 each candidate must confirm in writing that they accept their nomination. in the absence of such confirmation, the name of the candidate shall be deleted from the list.4746 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).47 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 23 designation of the candidate list each candidate list must bear a designation that is sufficient to distinguish it from other lists. groups that submit lists of candidates with identical elements in the main designation and that intend to combine such lists shall declare one of these candidate lists to be the parent list.4848 second sentence inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 24 quorum of signatures 49 1 each candidate list must be signed by hand by a minimum number of persons who are both eligible to vote and have their political domicile in the constituency. the minimum number is:a.100 in cantons with 2-10 seats;b.200 in cantons with 11-20 seats;c.400 in cantons with more than 20 seats.502 no person eligible to vote has the right to sign more than one candidate list. they may not withdraw their signature following submission of the candidate list.3 the quorums in accordance with paragraph 1 above do not apply to any party that was duly registered with the federal chancellery at the end of the year preceding the year of the election (art. 76a) provided that it has been represented in the national council for the same constituency in the legislative period that is due to expire or it achieved at least three per cent of the vote in the same canton at the previous general election.514 any party falling within the terms of paragraph 3 above must simply submit the legally valid signatures of all its candidates together with those of its president and secretary.5249 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).50 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).51 inserted by no i of the federal act of 21 june 2002 (as 2002 3193; bbl 2001 6401). amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).52 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 25 agent for the candidate list 1 the signatories must appoint an agent for the candidate list and a deputy agent. if they fail to do so, then those persons whose names appear in first and second place as signatories to the list are deemed to be the agent and deputy agent respectively.2 the agent and, in the event of their incapacity, the deputy agent have the right and the obligation to make such legally-binding declarations on behalf of the signatories as may be required to obviate any objections.art. 26 inspection of candidate lists those eligible to vote in a constituency may inspect the lists of candidates and the names of the signatories at the offices of the competent authority.art. 2753 multiple candidacies 1 if the name of a candidate appears on more than one candidate list in any constituency, the name shall be deleted immediately by the canton from all the candidate lists on which it appears.2 the federal chancellery shall immediately delete from the candidate list any candidate whose name already appears on an electoral list or a candidate list in another canton.3 the federal chancellery shall immediately notify the cantons concerned of the deletions that it has made.53 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 2854 54 repealed by no i of the federal act of 18 march 1994, with effect from 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445). art. 29 rectification of deficiencies; replacement candidates 1 the canton shall examine the candidate lists and allow the agent representing the signatories a period within which to rectify deficiencies in the candidate list, alter designations that give rise to confusion, and nominate replacement candidates for candidates whose names have been officially deleted.55 2 the replacement candidates must confirm in writing that they accept their nomination. in the absence of such confirmation or where the relevant name already appears on another candidate list or the candidate is not eligible for election, the replacement candidate is deleted from the list.56 unless the agent for the candidate list requests otherwise, replacement candidates are entered at the end of the candidate list.3 in the event of any deficiency not being rectified within the period allowed, the candidate list is deemed invalid. if the deficiency relates only to one candidate, their name is simply deleted.4 no candidate list may be further amended from the second monday following the final date for submission of candidate lists. the foregoing does not apply to the official declaration of the invalidity of multiple candidacies subsequently discovered (art. 32a). cantonal legislation may reduce to one week the period allowed for rectification.5755 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).56 wording of the first two sentences according to no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).57 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 30 electoral lists 1 the final candidate lists are known as electoral lists.2 each list shall be provided with a reference number.art. 3158 combined electoral lists 1 two or more electoral lists may at the latest by the end of the period allowed for rectification (art. 29 paragraph 4) be combined with each other by means of a unanimous declaration of the signatories or their agents. within a combined electoral list, only electoral list sub-combinations are permitted.1bis list sub-combinations are valid only in the case of electoral lists with the same designation that differentiate themselves from each other solely by an additional designation indicating a distinction that is based on sex, the wing of a political group, region, or age.2 list combinations and list sub-combinations must be indicated on pre-printed ballot papers.3 declarations relating to electoral list combinations and electoral list sub-combinations may not be revoked.58 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 3259 publication of the electoral lists 1 at the earliest possible opportunity, the canton shall publish in the official cantonal gazette the electoral lists with their designations and their reference numbers as well as references to any list combinations or list sub-combinations.2 the federal chancellery shall publish the electoral lists in electronic form indicating the official surnames and first names, year of birth, occupation, place of origin and place of residence of the candidates.6059 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414 2422; bbl 1993 iii 445).60 inserted by art. 21 no i of the publication act of 18 june 2004, in force since 1 jan. 2005 (as 2004 4929; bbl 2003 7711). amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 32a61 declaration of the invalidity of candidacies 1 if a multiple candidacy is discovered following the rectification of the candidate lists, the candidacy concerned shall be declared invalid on all the lists affected:a.by the canton, where the same candidate appears on more than one list in that canton;b.by the federal chancellery, where the same candidate appears on lists in more than one canton.2 the cantons concerned and the federal chancellery shall inform each other immediately of the candidacies that have been declared invalid.3 where possible, the names of persons whose candidacy has been declared invalid shall be deleted from the lists before they are published.4 the declaration of the invalidity of a candidacy on lists that have already been published shall be published immediately in electronic form in the federal gazette and in the official gazette of all the cantons concerned.61 inserted by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 33 preparation and delivery of ballot papers 1 the cantons shall prepare ballot papers for all the electoral lists, which each contain pre-printed details of the list designation, any electoral list combination, the reference number and candidate information (as a minimum the surnames, first names and place of residence), as well as ballot papers that are not pre-printed.1bis if the canton prepares vote recording vouchers instead of ballot papers, persons eligible to vote shall also receive a summary of the details of each of the candidates and of the electoral list designations, and of any list combinations and list sub-combinations.622 the cantons shall arrange for a complete set of all ballot papers to be delivered to each person eligible to vote at least three weeks and no more than four weeks prior to the polling day.633 the signatories may obtain additional pre-printed ballot papers at cost price from the cantonal chancelleries.62 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).63 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).section 2 the voting procedure and establishing the result art. 3464 voting instructions the federal chancellery shall issue brief instructions on voting procedures prior to each general election, which are delivered along with the ballot papers to the persons eligible to vote in cantons with a system of proportional representation (art. 33 paragraph 2).64 amended by no i 1 of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635; bbl 2006 5261).art. 35 completing the ballot paper 1 any person who uses the ballot paper that is not pre-printed may enter the names of eligible candidates and add the list designation or reference number of an electoral list.2 any person who uses a pre-printed ballot paper may delete pre-printed candidate names; they may enter the names of candidates from other electoral lists (splitting the vote). they may also delete the pre-printed reference number and electoral list designation or replace the same with the number and designation of a different list.3 they may enter the name of the same candidate on the ballot paper twice (accumulating).art. 3665 votes for deceased candidates votes for candidates who have died in the period since the final rectification of any deficiencies in the candidate lists (art. 29 para. 4) are counted as personal votes for those candidates.65 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 37 additional votes 1 where a ballot paper contains fewer valid votes for candidates than the number of seats in the national council allocated to the constituency, the lines that have not been completed on the ballot paper count as additional votes for the electoral list whose designation or reference number is entered on the ballot paper. in the absence of a designation or reference number, or if the ballot paper contains more than one of the eligible list designations or reference numbers, the uncompleted lines are not counted (blank votes).2 where more than one regional list with the same designation has been submitted in any canton, additional votes on a ballot paper that does not designate the region are counted towards the list relating to the region in which the ballot paper is handed in.662bis in the case of the other possible applications of article 31 paragraph 1bis, the additional votes are counted towards the list whose designation is entered on the ballot paper. the additional votes on insufficiently designated ballot papers are counted towards the electoral list that has been declared to be the parent list by the group.67 683 names that do not appear on any electoral list pertaining to the constituency are deleted. .694 where there is a contradiction between the electoral list designation and the reference number, the electoral list designation shall take precedence.66 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).67 second sentence inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).68 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).69 second and third sentences repealed by no ii 4 of the federal act of 20 march 2008 on formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).art. 38 invalid ballot papers and candidate votes 1 ballot papers are invalid if theya.do not contain the name of a candidate standing in the constituency;b.are not official;c.have been completed or altered other than by hand;;d.contain defamatory remarks or obviously irrelevant markings;e.70.2 the following shall be deleted from the ballot paper:a.superfluous repetitions if the name of a candidate appears more than twice on a ballot paper;b.all names of persons whose candidacies were declared invalid due to multiple candidacy following the rectification of the candidate lists.713 if the ballot paper contains more names than there are seats to be allocated, the last pre-printed names on the list that have not been accumulated by hand shall be deleted followed by the last names that have been added by hand.724 grounds for invalidity or nullity that relate to the cantonal procedure (official voting envelope or validation stamp, etc.) remain reserved.735 in the case of electronic voting pilot schemes, the legislation of each canton conducting such a scheme determines the requirements according to which votes are validly cast and the grounds for invalidity.7470 repealed by no ii of the federal act of 22 march 1991, with effect from 1 jul. 1992 (as 1991 2388; bbl 1990 iii 445).71 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).72 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).73 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).74 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 39 collating the results following the close of voting, the cantons shall establish the following on the basis of the reports from the polling stations:a.the number of persons eligible to vote and the number of persons who voted;b.the number of valid, invalid, and blank ballot papers;c.the number of votes that the individual candidates on each list have received (candidate votes);d.75the number of additional votes for each list (art. 37);e.76the sum of the candidate votes and additional votes for the individual lists (party votes);f.in respect of combined lists, the total of the votes cast in favour of the group on the lists;g.the number of blank votes.75 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).76 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 40 initial allocation of mandates to the electoral lists 77 1 the number of valid party votes for all the electoral lists is divided by a number equivalent to the number of mandates to be allocated plus one. to obtain the allocation number, the result is rounded up to the nearest whole number, unless it is already a whole number, in which case it is increased to the next highest whole number.782 each electoral list shall be allocated as many mandates as the number obtained by dividing the number of votes cast in favour of the list by the allocation number.3 .7977 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).78 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).79 repealed by no i of the federal act of 18 march 1994 (as 1994 2414; bbl 1993 iii 445).art. 4180 additional allocations 1 where not all of the mandates have been allocated, the mandates remaining shall be allocated individually and one after the other according to the following rules:a.the number of votes cast in favour of each electoral list is divided by a number equivalent to the number of mandates already allocated to that list plus one.b.the next mandate is allocated to the electoral list that has the largest quotient.c.if more than one list is entitled to the next mandate as they have the same quotient, then the next mandate is allocated to the list that achieved the highest remainder in the division according to article 40 paragraph 2.d.if there are still two or more lists with the same right to the mandate, the mandate goes to the list that has obtained the highest number of party votes.e.if more than one list still has the same right to the mandate, the first mandate is allocated to the list whose candidate for the mandate has obtained the highest number of votes.f.if more than one candidate has obtained the same highest number of votes, the mandate is allocated by drawing lots.2 this procedure is repeated until all the mandates have been allocated.80 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 42 allocation of mandates to combined lists 1 each group of combined lists shall initially be treated as a single list for the purposes of allocating mandates.2 mandates shall be allocated to the individual lists within a group according to articles 40 and 41. article 37 paragraphs 2 and 2bis remain reserved.8181 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 43 determining the elected members and their replacements 1 on the basis of the number of mandates obtained, those candidates from each list that have received the highest number of votes shall be elected.2 the candidates that are not elected shall act as replacement candidates in the order of the number of votes that they have obtained.3 where two or more candidates have received the same number of votes, their order of precedence shall be decided by drawing lots.art. 44 excess of seats where any list is allocated more mandates than it has candidates, a supplementary election shall be held in accordance with article 56 in respect of the mandates that cannot be allocated.art. 4582 tacit election 1 where all the lists when taken together do not contain more candidates than there are mandates to be allocated, the cantonal government shall declare all the candidates on the lists to be elected.2 where all the lists when taken together contain fewer candidates than there are mandates to be allocated, supplementary elections shall be held in accordance with article 56 paragraph 3 in respect of the mandates that cannot be allocated.82 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 46 election without lists 1 if there are no lists, persons eligible to vote may cast their vote for any person who is eligible for election. the persons who have obtained the highest numbers of votes shall be elected.2 where a ballot paper contains more names than there are mandates to be allocated, the last names on the paper shall be deleted.833 the provisions that apply to constituencies that return only one member also apply by analogy.83 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).chapter 3 simple majority system art. 47 procedure 1 in constituencies where only one member of the national council is to be elected, votes may be cast for any person who is eligible for election. the person who receives the highest number of votes shall be elected. in the event of a tie, the result shall be decided by drawing lots.1bis the canton may publish electronically and in the cantonal gazette all candidacies that are notified to the cantonal electoral authority by the forty-eighth day before the election day. the published information must as a minimum include the candidates:a.official surname and first names;b.name by which they are known in politics or in everyday life;c. sex;d.home address including postcode;e.place and canton of origin; f.party or political group affiliation: and g.occupation.842 cantonal legislation may provide for a tacit election where only one valid nomination has been submitted to the responsible cantonal authority by 12.00 noon on the forty-eighth day (seventh monday) prior to the election.8584 inserted by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).85 inserted by no i of the federal act of 18 march 1994 (as 1994 2414; bbl 1993 iii 445). amended by no i 1 of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635; bbl 2006 5261).art. 4886 ballot papers the cantons shall arrange for a ballot paper to be delivered to each person eligible to vote at least three weeks and no more than four weeks prior to the polling day.86 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 49 invalid ballot papers 1 ballot papers are deemed invalid if theya.contain the names of more than one person;b.are not official;c.have been completed other than by hand; d.contain defamatory remarks or obviously irrelevant markings;e.87.2 grounds for invalidity or nullity that relate to the cantonal procedure (official voting envelope, validation stamp, etc.) remain reserved.883 in the case of electronic voting pilot schemes, the legislation of each canton conducting such a scheme determines the requirements according to which votes are validly cast and the grounds for invalidity.8987 repealed by no ii of the federal act of 22 march 1991, with effect from 1 jul 1992 (as 1991 2388; bbl 1990 iii 445).88 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).89 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 5090 cantons with the possibility of a tacit election 1 if the possibility of a tacit election is recognised under cantonal law, then the names of all candidates nominated within the period allowed must appear on a pre-printed list on the ballot paper.2 in order to vote, the voter shall personally place a cross in the field next to the name of the candidate.3 the following are invalid:a.votes for candidates whose names do not appear on the pre-printed list;b.ballot papers on which a cross appears next to more than one candidate.90 amended by no i 1 of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635; bbl 2006 5261).art. 5191 by-elections articles 47-49 also apply to by-elections.91 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).chapter 4 publication and validation of election results art. 52 notice of election; publication of the election results 1 after the results have been established, the cantonal government shall immediately inform those elected of their election in writing and shall advise the federal council of the names of those elected.2 the canton shall publish the results obtained by each candidate and, where applicable, each list in the official cantonal gazette within eight days of the polling day at the latest, making reference to the right to contest the result.923 the results of general, supplementary and by-elections shall be published in the federal gazette. they shall also be published in full in the online version of the federal gazette.93 944 the canton shall send the election report to the federal chancellery immediately following the expiry of the period allowed for lodging an appeal contesting the election (art. 77 para. 2). the ballot papers shall be delivered to the location appointed by the federal chancellery within ten days of the expiry of the period allowed for lodging an appeal contesting the election.9592 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).93 second sentence inserted by art. 21 no 1 of the publication act of 18 june 2004, in force since 1 jan. 2005 (as 2004 4929; bbl 2003 7711).94 inserted by art. 17 no 1 of the federal act of 21 march 1986 on the compilations of legislation and the official federal gazette, in force since 15 may 1987 (as 1987 600; bbl 1983 ii 429).95 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 53 validation of the election results 1 the constituent sitting of the newly elected national council shall take place on the seventh monday following the election. at this sitting, the first task shall be the validation of the results of the election. the national council shall be held to be constituted as soon as the election of at least a majority of its members has been declared valid. the national council shall determine the procedural rules in its regulations.96 2 any person bearing an election certificate from their cantonal government shall have the right to a seat and to a vote at this sitting, but not to vote on the validity of their own election.3 in the event of substitution or of by-elections or supplementary elections, a newly elected member may participate in the sitting only if their election has been declared to be valid.9796 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).97 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).chapter 5 changes during the legislative period art. 54 resignation notice of resignation from the national council must be given in writing to the president of the national council.art. 55 substitution 1 where a member of the national council resigns before the expiry of the legislative period, the cantonal government shall declare the first substitute from the same list to be elected.2 if a substitute cannot or does not wish to assume office, the next substitute on the electoral list shall be invited to assume office in their place.art. 56 supplementary election 1 where a seat cannot be filled by substitution, three-fifths of the signatories to the list (art. 24 paragraph 1) on which the member of the national council who has resigned is entered, or the committee of the cantonal party (art. 24 paragraph 3) that submitted the said list shall have the right to submit a further nomination.982 the candidate who is nominated in the foregoing manner shall be declared by the cantonal government to be elected in accordance with article 45, following the rectification of any deficiencies in the candidate list (art. 22 and art. 29) and without a ballot being held.993 where the right to nominate a candidate is not exercised, a popular election shall be held.100 this election is based on the simple majority election system unless more than one seat has to be filled, in which case the provisions on the system of proportional representation apply.98 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).99 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).100 amended by no i of federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 57101 end of the legislative period the legislative period of the national council ends on the constitution of the newly elected national council.101 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).title 4102 the referendum 102 the provisions of the 4th title (art. 59-67) of the act revised by the federal act of 21 june 1996 (as 1997 753) apply only to legislation passed by the federal assembly after 31 march 1997 (as 1997 760 art. 2 para. 1). chapter 1 mandatory referendum art. 58 publication enactments that are subject to a mandatory referendum shall be published following their adoption by the federal assembly. the federal council shall order that a popular vote be held.chapter 2 the optional referendum section 1 general103 103 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445). art. 59104 104 repealed by no ii 4 of the federal act of 20 march 2008 on formal revision of federal legislation, with effect form 1 aug. 2008 (as 2008 3437, bbl 2007 6121).art. 59a105 significance of the period the request for a referendum must be submitted to the federal chancellery before expiry of the referendum period, either with the support of the number of cantons required by the constitution or furnished with the required number of signatures and the certificates of eligibility to vote.105 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 59b106 prohibition of withdrawal a request for a referendum may not be withdrawn.106 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 59c107 popular vote if the request for a referendum is successful, the federal council shall order the organisation of a popular vote.107 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).section 2 the popular referendum108 108 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445). art. 60 signature lists 1 the signature list (on forms, sheets of paper or cards) used by those requesting a referendum for the purpose of collecting signatures must contain the following information:109a.the canton and the political commune in which the signatory is eligible to vote;b.the title of the enactment with the date of its adoption by the federal assembly;c.110reference to the fact that any person who falsifies the result of a signature list for a referendum (art. 282 of the swiss criminal code, scc111) or who offers or accepts bribes in connection with a signature list (art. 281 scc) commits an offence.2 where more than one request for a referendum is submitted for signature, each request shall be the subject of a separate signature list. signature lists for more than one request for a referendum may appear on the same page provided that it is possible to separate each signature list for the purpose of its submission.112109 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).110 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).111 sr 311.0112 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 60a113 downloading of signature lists in electronic form any person who downloads a signature list for requesting a referendum that has been made available online is responsible for ensuring that the signature list satisfies all the formal legal requirements.113 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 61 signature 1 the person eligible to vote must write their surname and first names by hand and legibly on the signature list and add their handwritten signature.1141bis persons eligible to vote who are unable to write may have their name entered on a signature list by a person eligible to vote of their choice. this person shall add their signature to the name of the person who is unable to write and preserves secrecy as to the content of the instructions they have received.1152 the person eligible to vote must provide any further details that are required to establish their identity, such as their date of birth and address.1163 they may only sign the same request for a referendum once.114 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).115 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).116 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 62 certificate of eligibility to vote 1 the signature lists may be sent continuously but must be sent in good time prior to the expiry of the referendum period to the office that is responsible under cantonal law for the issuing of certificates of eligibility to vote.1172 the office certifies that the signatories in the communes stated in the signature list are eligible to vote on federal matters, and returns the signature lists to their senders without delay.3 the certificate must state in words or in figures the number of certified signatures; it must be dated, bear the handwritten signature of the public official and indicate their official capacity by means of a stamp or addendum.4 the eligibility to vote of the signatories may be certified collectively for more than one signature list.117 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).art. 63 refusal of the certificate of eligibility to vote 1 the certificate of eligibility to vote shall be refused if the requirements of article 61 are not fulfilled.2 if a person eligible to vote has signed more than one signature list, only one signature is certified.3 the grounds for refusal must be stated on the signature list.art. 64 prohibition of inspection118 1 .1192 signature lists that have been submitted are not returned and may not be inspected.118 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).119 repealed by no i of the federal act of 21 june 1996, with effect from 1 may 1997 (as 1997 753; bbl 1993 iii 445).art. 65120 120 repealed by no i of the federal act of 21 june 1996, with effect from 1 may 1997 (as 1997 753; bbl 1993 iii 445).art. 66 successful request 1 after expiry of the referendum period, the federal chancellery shall establish whether the referendum request lists contain the required number of valid signatures. if less than half of the quorum required under the constitution has been achieved, a notice shall be published in the federal gazette stating simply that the period allowed for the collection of signatures has expired. if half or more of the required quorum has been achieved, the federal chancellery shall issue a ruling confirming whether or not the request for a referendum has been successful.1212 the following are invalid:a.122signatures on lists that do not fulfil the requirements of article 60;b.123signatures by persons whose eligibility to vote is not certified;c.signatures on lists that have been submitted after expiry of the referendum period.3 the federal chancellery shall publish the ruling on the success of the referendum request in the federal gazette together with details of the numbers of valid and invalid signatures for each canton.124121 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).122 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).123 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).124 amended by no ii 4 of the federal act of 20 march 2008 on formal revision of federal legislation, in force since 1. aug. 2008 (as 2008 3437, bbl 2007 6121).section 3 referendum requested by the cantons125 125 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445). art. 67126 competence unless cantonal law provides otherwise, the cantonal parliament shall decide whether a referendum should be requested by a canton.126 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 67a127 form the communication from the cantonal government to the federal chancellery shall indicate:a.the title of the enactment with the date of adoption by the federal assembly;b.the public body that is requesting the popular vote on behalf of the canton;c.the provisions under cantonal law that regulate the rights to request a referendum;d.the date and result of the vote on the decision to request a referendum.127 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 67b128 successful request 1 after expiry of the referendum period, the federal chancellery shall establish whether the request for the referendum has been submitted by the required number of cantons.1292 a request for a referendum is declared invalid if:a.it has not been decided on and submitted to the federal chancellery within the referendum period;b.it has been decided on by a public body that is not competent to do so;c.it is impossible to identify with any certainty the federal enactment in respect of which the popular vote is being requested.3 the federal chancellery shall provide written notification of the ruling on the success or failure of the request for a referendum by the cantons to the governments of all those cantons that have requested the referendum, and shall publish the ruling in the federal gazette, giving details of the number of valid and invalid cantonal requests for a referendum.128 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).129 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).title 5130 the popular initiative 130 the provisions of the 5th title (art. 68-74) of the act revised by the federal act of 21 june 1996 (as 1997 753) apply only to popular initiatives where the collection of signatures began after 31 march 1997 (as 1997 760 art. 2 para. 2). art. 68 signature lists 1 the signature list (on forms, sheets of paper or cards) that is used to collect signatures for a popular initiative must contain the following information:131a.the canton and the political commune in which the signatory is eligible to vote;b.132 the title and text of the initiative, together with the date of its publication in the federal gazette;c.133a withdrawal clause within the meaning of article 73;d.134 reference to the fact that any person who falsifies the result of a signature collection for a popular initiative (art. 282 scc135) or who offers or accepts bribes in connection with a signature collection (art. 281 scc) commits an offence;e.136 the names and addresses of at least seven and no more than 27 authors of the initiative, all of whom must be eligible to vote (the initiative committee).2 article 60 paragraph 2 also applies to popular initiatives.137131 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).132 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).133 amended by no i of the federal act of 25 sept. 2009 (conditional withdrawal of a popular initiative), in force since 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).134 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).135 sr 311.0136 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).137 inserted by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 69 preliminary examination 1 the federal chancellery shall declare in a ruling before the collection of signatures is begun whether the signature list corresponds to the form prescribed by law.2 where the title of an initiative is misleading, or if it contains commercial advertising or personal publicity or gives rise to confusion, it shall be amended by the federal chancellery.1383 the federal chancellery shall examine the texts of the initiative in all official languages to ensure that they correspond and shall undertake any translation work thereon that is required.4 the title and text of the initiative, together with the names of the authors shall be published in the federal gazette.139138 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).139 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 69a140 online signature lists any person who downloads a signature list for a popular initiative that has been made available online is responsible for ensuring that the signature list satisfies all the formal legal requirements.140 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 70141 further provisions the provisions laid down for referendums relating to signatures (art. 61), the certificate of eligibility to vote (art. 62) and the refusal of a certificate of eligibility to vote (art. 63) apply by analogy to popular initiatives.141 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 71 submission 1 the signature lists for a popular initiative must be submitted together 18 months at the latest from the date of publication of the text of the initiative in the federal gazette.2 signature lists that have been submitted are not returned and may not be inspected.art. 72 successful request for a popular initiative 1 after expiry of the period allowed for the collection of signatures, the federal chancellery shall establish whether the popular initiative has obtained the required number of valid signatures. if less than half of the quorum required under the constitution has been achieved, a notice shall be published in the federal gazette stating simply that the period allowed for the collection of signatures has expired. if half or more of the required quorum has been achieved, the federal council shall issue a ruling confirming whether or not the popular initiative has been successful.1422 the following are invalid:a.signatures on lists that do not fulfil the requirements of article 68;b.signatures of signatories whose eligibility to vote is not certified;c.signatures on lists that have been submitted after the period allowed for the collection of signatures.1433 the federal chancellery shall publishes the ruling on the success of the initiative in the federal gazette together with details of the numbers of valid and invalid signatures for each canton.142 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).143 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 73144 withdrawal 1 a popular initiative may be withdrawn by its initiative committee. the declaration of withdrawal is binding provided it has been signed by an absolute majority of the members of the initiative committee who are still eligible to vote.2 the withdrawal of a popular initiative is permitted up to the day on which the federal council fixes a date for a popular vote. the federal chancellery shall invite the initiative committee to give notice of its decision and shall specify a short period of time within which the committee must do so.3 an initiative in the form of a general proposal may not be withdrawn after its approval by the federal assembly.144 amended by no i of the federal act of 21 june 1996, in force since 1 april 1997 (as 1997 753; bbl 1993 iii 445).art. 73a145 unconditional and conditional withdrawal 1 the withdrawal of a popular initiative is normally unconditional.2 however, if federal assembly has approved an indirect counter-proposal in the form of a federal act at the latest at the same time as the final vote on the popular initiative, the initiative committee may withdraw its popular initiative under the express condition that the indirect counter-proposal is not rejected in a popular vote.3 the conditional withdrawal becomes effective as soon as:a.the deadline for requesting a referendum against the indirect counter-proposal has expired without a request being filed;b.a legally binding declaration has been made that the request for a referendum against the indirect counter-proposal has failed; orc.the federal council has, in accordance with article 15 paragraph 1, validated the result of the popular vote where a request for a referendum has succeeded and the people have voted for the indirect counter-proposal.145 inserted by no i of the federal act of 25 sept. 2009 (conditional withdrawal of a popular initiative), in force since 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).art. 74146 146 repealed by no i of the federal act of 25. sept. 2009 (conditional withdrawal of a popular initiative), with effect from 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).art. 75 examination of validity 147 1 if the text of a popular initiative fails to comply with the principles of cohesion of subject matter (art. 139 para. 3 and art. 194 para. 2 federal constitution) or consistency of form (art. 139 para. 3 and art. 194 para. 3 federal constitution), or if the popular initiative violates mandatory provisions of international law (art. 139 para. 3, art. 193 para. 4 and art. 194 para. 2 federal constitution), the federal assembly shall declare the initiative to be invalid as a whole or in part, to the extent that this is required.1482 there is cohesion of subject matter in a popular initiative when there is an intrinsic connection between the individual parts of the initiative.3 there is consistency of form in a popular initiative when the initiative is couched exclusively in the form of a general proposal or of a specific draft provision.147 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).148 amended by no i of the ordinance of 8 oct. 1999, in force since 1 march 2000 (as 2000 411; bbl 1999 7922).art. 75a149 vote 1 the federal council shall submit the popular initiative to a popular vote within ten months of the final vote thereon in the federal assembly, but at the latest ten months after expiry of the statutory period allowed for parliament to consider the popular vote.2 in the event of a conditional withdrawal in favour of an indirect counter-proposal, the federal council shall submit the popular initiative to the vote of the people and the cantons within ten months of its validation in accordance with article 15 paragraph 1 of the result of the popular vote rejecting the indirect counter-proposal.3 if a popular initiative in the form of a general proposal is approved, the draft amendment to the constitution shall be submitted to a vote of the people and the cantons within ten months of the final vote in the federal assembly.3bis the time limits in paragraphs 1-3 shall be extended by six months if they begin less than ten months but more than three months before the next general election to the national council.1504 the procedure for dealing with a popular initiative to be followed by the federal council and the federal assembly and the deadlines that must be observed are governed by the provisions of the parliament act of 13 december 2002151.149 inserted by no i of the federal act of 25. sept. 2009 (conditional withdrawal of a popular initiative), in force since 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).150 inserted by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 march 2015 (as 2015 543; bbl 2013 9217).151 sr 171.10art. 76152 direct counter-proposal153 1 where the federal assembly decides to submit a counter-proposal, three questions are put to the voters on the same ballot paper. each person who is eligible to vote may state, without reservation:a.whether they prefer the popular initiative to the law currently applicable;b.whether they prefer the counter-proposal to the law currently applicable;c.which of the two proposals should become law where both the people and the cantons prefer both proposals to the law currently applicable.2 the absolute majority shall be established separately for each question. questions that have not been answered shall be disregarded.3 where both the popular initiative and the counter-proposal are accepted, the result of the third question shall be decisive. the proposal that secures a higher number of popular votes and a higher number of cantonal votes shall become law.152 amended by no i of the ordinance of 8 oct. 1999, in force since 1 march 2000 (as 2000 411; bbl 1999 7922).153 inserted by no i of the federal act of 25 sept. 2009 (conditional withdrawal of a popular initiative), in force since 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).title 5a154 register of political parties 154 inserted by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401). art. 76a 1 a political party may be officially registered with the federal chancellery:a.if it has the legal form of an association in terms of articles 60-79 of the swiss civil code 155; andb.if it is represented in the same name by at least one member in the national council or by at least three members in each of any three cantonal parliaments.2 for entry in the register of political parties, the association shall file the following documents and information with the federal chancellery:a.a copy of its legally valid constitution;b.the name and headquarters of the party in accordance with the constitution;c.the names and addresses of the president and secretary of the national party.3 the federal chancellery shall maintain a register of the information filed by political parties. this shall be a public register. the federal assembly shall enact an ordinance to regulate the details of the register.155 sr 210title 6 rights of appeal art. 77 appeals 1 an appeal may be filed with the cantonal government:a.156in respect of a violation of the provisions on voting rights in terms of articles 2-4, article 5 paragraphs 3 and 6 and articles 62 and 63 (appeal on a matter related to voting rights);b.157in respect of irregularities at popular votes (appeal on a matter related to popular votes);c.in respect of irregularities in the preparation for and conduct of elections to the national council (appeal on a matter related to elections).2 the appeal must be filed by registered mail within three days of the grounds for appeal being ascertained, and at the latest on the third day following publication of the results in the official cantonal gazette.158156 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).157 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).158 amended by no i of the federal act of 21 june 2002, in force since 1 jan. 2003 (as 2002 3193; bbl 2001 6401).art. 78 appeal petition 1 the appeal petition must contain a brief summary of the facts of the case in justification of the appeal.2 .159159 repealed by no i of the federal act of 18 march 1994, with effect from 15 nov. 1994 (as 1994 2414; bbl 1993 iii 4 5).art. 79 appeal decisions and rulings 1 the cantonal government shall issue a decision on an appeal within ten days of receipt of the appeal petition.2 if the cantonal government establishes, whether on the basis of the appeal or in the course of its own duties, that there have been irregularities, it shall issue the orders required to remedy the deficiencies established, if possible prior to the conclusion of the election or popular vote procedure.2bis the cantonal government shall reject any appeals on matters relating to popular votes or elections without conducting a detailed investigation if the irregularities complained of are not sufficient either in their nature or in their extent to have a material influence on the result of the vote as a whole.1603 the cantonal government shall give notice of its decision and any rulings issued in accordance with articles 34-38 and 61 paragraph 2 of the administrative procedure act 161 and shall notify the federal chancellery.162 160 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).161 sr 172.021162 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 80163 appeal to the federal supreme court 1 an appeal may be filed with the federal supreme court against appeal decisions of the cantonal government (art. 77) in accordance with the federal supreme court act of 17 june 2005164.2 an appeal to the swiss federal supreme court shall also be permitted against rulings issued by the federal chancellery on the refusal to make an entry in the register of political parties or on the failure of a popular initiative or of a request for a referendum. no appeal shall be permitted against a simple notice in the federal gazette relating to a clear failure to achieve a quorum in respect of a popular initiative or request for a referendum at federal level (art. 66 para. 1 and art. 72 para. 1).1653 the members of the initiative committee are also entitled to appeal against rulings issued by the federal chancellery relating to the formal validity of a signature list (art. 69 para. 1) and relating to the title of an initiative (art. 69 para. 2).163 amended by annex no 2 of the federal supreme court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 1205 1069 art. 1 let. a; bbl 2001 6402).164 sr 173.110165 amended by no i 1 of the federal act of 23 march 2007 on the amendment of the federal legislation on political rights, in force since 1 jan. 2008 (as 2007 4635 4637; bbl 2006 5261).art. 81 and 82166 166 repealed by annex no 2 of the federal supreme court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 1205 1069 art. 1 let. a; bbl 2001 6402).title 7 general provisions art. 83 cantonal law in the absence of any provisions in this act and the implementing ordinances issued by the confederation, cantonal law applies. the provisions of the federal act of 16 december 1943 on the administration of federal justice are reserved167.167 [bs 3 531; as 1948 485 art. 86, 1955 871 art. 118, 1959 902, 1969 737 art. 80 let. b 767, 1977 237 no ii 3 862 art. 52 no 2 1323 no iii, 1978 688 art. 88 no 3 1450, 1979 42, 1980 31 no iv 1718 art. 52 no 2 1819 art. 12 para. 1, 1982 1676 annex no 13, 1983 1886 art. 36 no 1, 1986 926 art. 59 no 1, 1987 226 no ii 1 1665 no ii, 1988 1776 annex no ii 1, 1989 504 art. 33 let. a, 1990 938 no iii para. 5, 1992 288, 1993 274 art. 75 no 1 1945 annex no 1, 1995 1227 annex no 3 4093 annex no 4, 1996 508 art. 36 750 art. 17 1445 annex no 2 1498 annex no 2, 1997 1155 annex no 6 2465 annex no 5, 1998 2847 annex no 3 3033 annex no 2, 1999 1118 annex no 1 3071 no i 2, 2000 273 annex no 6 416 no i 2 505 no i 1 2355 annex no 1 2719, 2001 114 no i 4 894 art. 40 no 3 1029 art. 11 para. 2, 2002 863 art. 35 1904 art. 36 no 1 2767 no ii 3988 annex no 1, 2003 2133 annex no 7 3543 annex no ii 4 let. a 4557 annex no ii 1, 2004 1985 annex no ii 1 4719 annex no ii 1, 2005 5685 annex no 7. as 2006 1205 art. 131 para. 1]. see now the federal supreme court act of 17 june 2005 (sr 173.110).art. 84 use of technical aids 1 the federal council may authorise cantonal governments to enact provisions that derogate from this act for the purposes of ascertaining the results of elections and popular votes by using technical aids.1682 election and popular vote procedures that use technical aids shall require the approval of the federal council.169168 amended by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).169 inserted by no i of the federal act of 18 march 1994, in force since 15 nov. 1994 (as 1994 2414; bbl 1993 iii 445).art. 85170 170 repealed by annex no 2 of the federal supreme court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 1205 1069 art. 1 let. a; bbl 2001 6402).art. 86171 administrative procedures: no fees or costs 1 no fees or costs may be charged for any administrative procedures carried out based on this act. in the case of appeals lodged that are dilatory in their nature or that violate the principles of good faith, the costs may be imposed on the appellant.2 in proceedings before the federal supreme court, the obligation to pay fees or costs is governed by the federal supreme court act of 17 june 2005172.171 amended by annex no 2 of the federal supreme court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 1205 1069 art. 1 let. a; bbl 2001 6402).172 sr 173.110art. 87 statistical surveys 1 the federal council may order that statistical surveys be carried out in respect of elections to the national council or popular votes.the confederation shall keep statistics on federal elections and popular votes; these shall provide information at communal, district and cantonal levels on:a.in the case of elections: the number of votes that the candidates and electoral lists received; b.in the case of votes: the number of votes in favour of the proposals being voted on.1731bis the federal council may order additional statistical surveys on the elections to the national council and on popular votes.1742 it may, after consulting the relevant cantonal government, provide for the votes in selected communes to be separated according to sex and age groups.3 no breach of voting secrecy in connection with a statistical surveys shall be permitted.173 amended by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).174 inserted by no i of the federal act of 26 sept. 2014 (national council elections), in force since 1 nov. 2015 (as 2015 543; bbl 2013 9217).title 8 final provisions chapter 1 amendment and repeal of current legislation art. 88 amendment of federal acts .175175 the amendments may be consulted under as 1978 688. art. 89 repeal of federal acts the following acts are repealed:a.the federal act of 19 july 1872176 on federal elections and popular votes;b.the federal act of 17 june 1874177 on popular votes on federal acts and federal decrees;c.the federal act of 23 march 1962178 on the procedure for a request for a popular initiative on the revision of the federal constitution (initiative act);d.the federal act of 25 june 1965179 on the introduction of simplified voting in federal elections and popular votes;e.the federal act of 8 march 1963180 on the distribution of seats in the national council among the cantons;f.the federal act of 14 february 1919181 on the election of the national council.176 [bs 1 157; as 1952 69, 1966 849 art. 9, 1971 1365]177 [bs 1 173; as 1962 789 art. 11 para. 3]178 [as 1962 789]179 [as 1966 849]180 [as 1963 419]181 [bs 1 180; as 1975 601 710]chapter 2 transitional provisions, implementation and commencement art. 90 transitional provisions 1 this act does not apply to any matters or appeals that relate to elections or popular votes that have taken place prior to its coming into force. the foregoing also applies to referendums and popular initiatives that have been submitted prior to its coming into force. in such cases, the previous law applies.2 on expiry of 18 months from the date on which this act comes into force, signature lists shall be accepted only if they comply with the provisions of this act.3 .1824 .183182 repealed by no ii 4 of the federal act of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).183 inserted by no iii of the federal act of 9 march 1978 (as 1978 1694; bbl 1977 iii 819). repealed by no ii 4 of the federal act of 20 march 2008 on the formal revision of federal legislation, with effect from 1. aug 2008 (as 2008 3437; bbl 2007 6121).art. 90a184 transitional provision on the amendment of 25 september 2009 the new law applies to federal popular initiatives that are pending on commencement of the amendment of 25 september 2009 to this act.184 inserted by no i of the federal act of 25. sept. 2009 (conditional withdrawal of a popular initiative), in force since 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).art. 91 implementation 1 the federal council shall issue the implementing provisions.2 the cantonal implementing legislation shall require the approval of the confederation in order to be valid185. the cantonal legislation must be enacted within 18 months of the adoption of this act by the federal assembly.185 term according to no iii of the federal act of 15 dec. 1989 on the approval of cantonal legislation by the confederation, in force since 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333).art. 92 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 july 1978186186 federal council decree of 24 may 1978 (as 1978 711)

210english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.swiss civil codeof 10 december 1907 (status as of 1 january 2022)the federal assembly of the swiss confederation,based on article 64 of the federal constitution1,2 and having considered the dispatch of the federal council dated 28 may 19043,decrees:1 [bs 1 3]. this provision corresponds to art. 122 of the federal constitution of 18 april 1999 (sr 101).2 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).3 bbl 1904 iv 1, 1907 vi 367introduction a. application of the law art. 1 1 the law applies according to its wording or interpretation to all legal questions for which it contains a provision.2 in the absence of a provision, the court4 shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator.3 in doing so, the court shall follow established doctrine and case law.4 term in accordance with no i 1 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1). this amendment is taken into consideration throughout the code.b. scope and limits of legal relationships i. acting in good faith art. 2 1 every person must act in good faith in the exercise of his or her rights and in the performance of his or her obligations.2 the manifest abuse of a right is not protected by law.ii. good faith art. 3 1 where the law makes a legal effect conditional on the good faith of a person, there shall be a presumption of good faith.2 no person may invoke the presumption of good faith if he or she has failed exercise the diligence required by the circumstances.iii. judicial5 discretion 5 term in accordance with no i 1 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1). this amendment is taken into consideration throughout the code.art. 4 where the law confers discretion on the court or makes reference to an assessment of the circumstances or to good cause, the court must reach its decision in accordance with the principles of justice and equity.c. federal law and cantonal law i. cantonal civil law and local custom art. 5 1 insofar as federal law reserves the application of cantonal law, the cantons may enact or repeal civil law provisions.2 where the law makes reference to practice or local custom, the existing cantonal law is deemed a valid expression thereof, provided no divergent practice is shown to exist.ii. cantonal public law art. 6 1 federal civil law does not restrict the right of the cantons to enact public law.2 the cantons are entitled within the limits of their sovereignty to restrict or prohibit the trade in certain goods or to declare transactions involving such goods legally invalid.d. general provisions of the code of obligations art. 7 the general provisions of the code of obligations6 concerning the formation, performance and termination of contracts also apply to other civil law matters.6 sr 220e. rules of evidence i. burden of proof art. 8 unless the law provides otherwise, the burden of proving the existence of an alleged fact shall rest on the person who derives rights from that fact.ii. proof by public document art. 9 1 public registers and public deeds constitute full proof of the facts evidenced by them, unless their content is shown to be incorrect.2 such proof of incorrectness does not require to be in any particular form.art. 107 7 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).part one: law of persons title one: natural persons chapter one: legal personality a. personality in general i. legal capacity art. 11 1 every person has legal capacity.2 accordingly, within the limits of the law, every person has the same capacity to have rights and obligations.ii. capacity to act 1. nature art. 12 a person who has capacity to act has the capacity to create rights and obligations through his actions.2. requirements a. in general art. 138 a person who is of age and is capable of judgement has the capacity to act.8 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. majority art. 149 a person is of age if he or she has reached the age of 18.9 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), with effect from 1 jan. 2013 (as 2011 725; bbl 2006 7001).c. . art. 1510 10 repealed by no i of the fa of 7 oct. 1994, with effect from 1 jan. 1996 (as 1995 1126; bbl 1993 i 1169).d. capacity of judgement art. 1611 a person is capable of judgement within the meaning of the law if he or she does not lack the capacity to act rationally by virtue of being under age or because of a mental disability, mental disorder, intoxication or similar circumstances.11 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).iii. incapacity 1. in general art. 1712 a person does not have the capacity to act if he or she is incapable of judgement or is under age or is subject to a general deputyship.12 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. lack of capacity of judgement art. 18 a person who is incapable of judgement cannot create legal effect by his or her actions, unless the law provides otherwise.3. persons capable of judgement but lacking the capacity to act. a. principle13 13 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 19 1 persons who are capable of judgement but lack the capacity to act may only enter into obligations or give up rights with the consent of their legal representative.142 without such consent, they may only accept advantages that are free of charge or carry out minor everyday transactions.153 they are liable in damages for unpermitted acts.14 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).15 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. consent of the legal representative art. 19a16 1 unless the law provides otherwise, the legal representative may consent expressly or tacitly in advance or approve the transaction retrospectively.2 the other party is relieved of any obligation if approval is not given within a reasonable period that he or she fixes or has fixed by a court.16 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).c. absence of consent art. 19b17 1 if the legal representative does not grant approval, either party may demand restitution of any performance already made. a person lacking capacity to act is however only liable to the extent that he or she has already benefited from the performance or to which he or she has been enriched at the time of the demand or has alienated the benefits in bad faith.2 if the person lacking capacity to act has induced the other party to erroneously assume that he or she has the capacity to act, he or she is liable for the damage incurred.17 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).4. strictly personal rights art. 19c18 1 persons capable of judgement but lacking capacity to act exercise their strictly personal rights independently; cases where the law requires the consent of the legal representative are reserved.2 the legal representative acts for a person lacking capacity of judgement unless a right is so strictly personal that any form of representation is excluded.18 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).iiibis. restriction of the capacity to act art. 19d19 the capacity to act may be restricted by an adult protection measure.19 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).iv.20 kinship by blood and by marriage 20 amended of margin title in accordance with no i 3 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819, 1973 92; bbl 1971 i 1200).1. blood kinship art. 20 1 the degree of kinship21 is determined by the number of intermediary generations.2 lineal kinship exists between two persons where one is descended from the other and collateral kinship exists between two persons where both are descended from a third person and are not related lineally.21 term amended by no i 3 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).2. kinship by marriage art. 2122 1 where one person is related to another, he or she is related as an in-law to the latter's spouse or registered partner in the same line and to the same degree.2 kinship by marriage is not ended by dissolution of the marriage or of the registered partnership which created it.22 amended by annex no 8 of the registered partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).v. place of origin and domicile 1. origin art. 22 1 the place of origin of a person is determined by his or her citizenship.2 citizenship is governed by public law.3 if a person is a citizen of more than one place, his or her place of origin is the one in which he or she is or was most recently resident or, in the absence of any such residence, the one in which he or she or his or her ancestors last acquired citizenship.2. domicile a. definition art. 23 1 a person's domicile is the place in which he or she resides with the intention of settling; residence for the purpose of education or the accommodation of a person in an educative institution or care home, a hospital or a penal institution does not by itself establish domicile.232 no person may have more than one domicile at a time.3 this provision does not apply to places of business.23 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. change of domicile, temporary residence art. 24 1 a person retains his or her domicile until such time as a new one is acquired.2 a person's domicile is deemed to be the place in which he or she is temporarily resident if no previously established domicile may be proven or if he or she was formerly resident abroad and has not yet established a domicile in switzerland.c. domicile of minors24 24 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 2525 1 the domicile of a child subject to parental responsibility26 is deemed to be that of the parents or, if the parents have different domiciles, that of the parent with whom the child is resident; in all other cases it is deemed to be the child's temporary domicile.2 children under guardianship are domiciled at the seat of the child protection authority.2725 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).26 term in accordance with no i 1 of the fa of 26 june 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1). this amendment is taken into consideration throughout the code.27 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).d. persons in institutions art. 2628 adults subject to a general deputyship are domiciled at the location of the adult protection authority.28 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. protection of legal personality i. against excessive restriction29 29 amended by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).art. 27 1 no person may, wholly or in part, renounce his or her legal capacity or his or her capacity to act.2 no person may surrender his or her freedom or restrict the use of it to a degree which violates the law or public morals.ii. against infringements 1. principle art. 2830 1 any person whose personality rights are unlawfully infringed may petition the court for protection against all those causing the infringement.2 an infringement is unlawful unless it is justified by the consent of the person whose rights are infringed or by an overriding private or public interest or by law.30 amended by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).2. actions a. in general31 31 amended by no i of the fa of 23 june 2006 (protection of the personality against violence, threats and harassment), in force since 1 july 2007 (as 2007 137; bbl 2005 6871 6897).art. 28a32 1 the applicant may ask the court:1. to prohibit a threatened infringement;2. to order that an existing infringement cease;3. to make a declaration that an infringement is unlawful if it continues to have an offensive effect.2 in particular the applicant may request that the rectification or the judgment be notified to third parties or published.3 claims for damages and satisfaction and for handing over profits in accordance with the provisions governing agency without authority are reserved.32 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).b. violence, threats or harassment art. 28b33 1 to obtain protection from violence, threats or harassment, the applicant may request the court in particular to order the offending party to refrain from:1. approaching the applicant or from entering a defined area around the applicant's dwelling;2. frequenting specified locations, notably particular streets, squares or districts;3. from making contact with the applicant, especially by telephone, in writing or electronically, or from harassing the applicant in any other way.2 if the applicant lives in the same dwelling as the offending party, the applicant may ask the court to order the offending party to leave the dwelling for a specified period. this period may be extended on one occasion for good cause.3 where justified by the circumstances, the court may:1. require the applicant to pay reasonable compensation for his or her exclusive use of the dwelling; or2. with the landlord's consent, transfer the rights and obligations under the lease to the applicant alone.3bis it shall give notice of its decision to the competent child and adult protection authorities, the competent cantonal authority under paragraph 4 and other authorities and third parties, provided this appears necessary in order to fulfil its responsibilities or for the protection of the applicant, or enables the decision to be enforced.344 the cantons shall designate an authority which in urgent cases may order the immediate expulsion of the offending party from the joint dwelling and shall enact rules governing the procedure.33 inserted by no i of the fa of 16 dec. 1983 (as 1984 778; bbl 1982 ii 636). amended by no i of the fa of 23 june 2006 (protection of the personality against violence, threats and harassment), in force since 1 july 2007 (as 2007 137; bbl 2005 6871 6897).34 inserted by no i 1 of the fa of 14 dec. 2018 on improving the protection given to victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).c. electronic monitoring art. 28c35 1 the court that issues an injunction pursuant to the provision on violence, threats or harassment, and the enforcement court, may on the applicant's request order the use of an electronic device that is securely attached to the offending party and which can continuously ascertain and record his or her location.2 the measure may be ordered for a maximum of six months. it may be extended by a maximum of six months at a time. as a precautionary measure, the measure may be ordered for a maximum period of six months.3 the cantons shall designate an authority that is responsible for enforcing the measure, and shall regulate the enforcement procedure. they shall ensure that the data recorded on the persons concerned are used only to enforce the injunction and are deleted twelve months at the latest after termination of the measure.4 the applicant must not incur any costs from the enforcement of the measure. the person monitored may be charged the costs of the measure.35 inserted by no i of the fa of 16 dec. 1983 (as 1984 778; bbl 1982 ii 636). amended by no i 1 of the fa of 14 dec. 2018 on improving the protection given to victims of violence, in force since 1 jan. 2022 (as 2019 2273; bbl 2017 7307).3. . art. 28d-28f 36 36 inserted by no i of the fa of 16 dec. 1983 (as 1984 778; bbl 1982 ii 636). repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).4. right of reply a. principle37 37 amended by no i of the fa of 23 june 2006 (protection of the personality against violence, threats and harassment), in force since 1 july 2007 (as 2007 137; bbl 2005 6871 6897).art. 28g38 1 any person whose personality rights are directly affected by a representation of events in periodically appearing media, especially the press, radio or television, shall have a right of reply.2 there is no right of reply in respect of accurate reports of the public dealings of an authority in which the affected person took part.38 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).b. form and content art. 28h39 1 the text of the reply must be succinct and confine itself to the subject matter of the contentious representation.2 the reply may be refused if it is plainly incorrect or violates the law or public morals.39 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).c. procedure art. 28i40 1 the author of the reply must send the text to the media company within 20 days of learning of the contentious representation, but at the latest within three months of publication.2 the media company must immediately inform the author of the reply when it will be published or why it is rejected.40 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).d. publication art. 28k41 1 the reply must be published as soon as possible and in such a manner as to ensure that it reaches the same audience or readership as the contentious representation.2 the reply must be identified as such; the media company is not permitted to make any addition except to state whether it stands by its representation or to indicate its sources.3 the reply must be published free of charge.41 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).e. recourse to the courts art. 28l42 1 if the media company obstructs the right of reply, rejects the reply or fails to publish it correctly, the party in question may petition the court.2 .433 and 4 .4442 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 636).43 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).44 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).iii. right to use one's name 1. protection of one's name art. 29 1 if a person's use of his or her name is disputed, he or she may apply for a court declaration confirming his rights.2 if a person is adversely affected because another person is using his or her name, he or she may seek an order prohibiting such use and, if the user is at fault, may bring a claim for damages and, where justified by the nature of the infringement, for satisfaction.2. change of name a. general45 45 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).art. 30 1 the government of the canton of residence may permit a person to change his or her name for good cause.462 .473 a person adversely affected by a change of name may contest the same in court within one year of learning thereof.46 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).47 repealed by no i of the fa of 30 sept. 2011 (name and citizenship), with effect from 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).b. on the death of a spouse art. 30a48 a person whose spouse dies may, if that person changed his or her surname on marriage, at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the marriage.48 inserted by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).iv. in relation to gender art. 30b49 1 any person who is firmly convinced that they are not of the gender entered in their respect in the civil register may declare to the civil registrar that they wish to have the entry changed.2 the person making the declaration may have one or more new first names entered in the civil register.3 the declaration has no legal effect on family relationships.4 the consent of the legal representative is required if:1. the person making the declaration is under the age of 16;2. the person making the declaration is subject to a general deputyship; or3. the adult protection authority has so ordered.49 inserted by no i of the fa of 18 dec. 2020 (gender change in the civil register), in force since 1 jan. 2022 (as 2021 668; bbl 2020 799).c. beginning and end of personality rights i. birth and death art. 31 1 personality rights begin on the birth of the living child and end on death.2 an unborn child has legal capacity provided that it survives birth.ii. proof 1. burden of proof art. 32 1 any person who, in exercising a right, relies on the fact that another person is living or has died or was alive at a particular time or survived another person must produce evidence thereof.2 if it cannot be proved that, of a group of several deceased persons, one survived another, all are deemed to have died at the same time.2. evidence a. in general art. 33 1 proof of the birth or death of a person is established by the records kept by the civil register.2 if records are missing or shown to be incorrect, proof may be adduced in another form.b. presumption of death art. 34 the death of a person is deemed proven, even if no-one has seen the corpse, if that person has disappeared in circumstances in which his death may be considered certain.iii. declaration of presumed death 1. in general art. 35 1 if it is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances or has been missing for a lengthy period without any sign of life, the court may declare that person presumed dead on application by any person deriving rights from his or her death.2 .5050 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).2. procedure art. 36 1 the application may be made when at least one year has elapsed since the life-threatening event or five years have elapsed since the last sign of life.2 the court must, by suitable public means, call on any person who may provide information about the missing person to come forward within a specified period.3 the period shall run for at least one year following the first public notice.3. failure of application art. 37 if the missing person comes forward within the set period or if news of the missing person is received or if the date of his or her death is proved, the application fails.4. effect art. 38 1 if no news is received during the set period, the missing person is declared presumed dead and rights derived from the fact of his or her death may be enforced as if death were proven.2 the declaration of presumed death has retroactive effect from the time of the life-threatening event or the last sign of life.3 a declaration of presumed death dissolves a marriage.5151 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).chapter two:52 registration of civil status 52 amended by no i 1 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).a. registers i. in general art. 3953 1 civil status is recorded in an electronic register (civil register).2 civil status includes in particular:1. a person's particulars, such as those relating to birth, marriage, registered civil partnership and death;2. a person's status under the law of persons and family law, such as majority, parentage, marriage or registered civil partnership;3. names;4. cantonal and communal citizenship;5. nationality.53 amended by no i 1 of the fa of 15 dec. 2017 (registration of civil status and land register), in force since 1 jan. 2019 (as 2018 4017; bbl 2014 3551).ii. duty to notify54 54 amended by no i of the fa of 5 oct. 2001 (electronic civil register), in force since 1 july 2004 (as 2004 2911; bbl 2001 1639).art. 40 1 the federal council determines which persons and authorities have a duty to furnish the information necessary to record civil status.2 it may provide that breaches of said duty be punishable by fines.3 .5555 repealed by no i of the fa of 5 oct. 2001 (electronic civil register), with effect from 1 july 2004 (as 2004 2911; bbl 2001 1639).iii. proof of undisputed information art. 41 1 where documentary proof of information concerning civil status is required but is impossible or unreasonably difficult to obtain despite making reasonable efforts, the cantonal supervisory authority may accept a declaration made in the presence of the registrar as proof provided such information is not disputed.2 the registrar shall remind any person making such a declaration of his or her duty to tell the truth and that a false declaration may lead to prosecution.iv. rectification 1. by court order art. 42 1 any person who satisfies the court that he or she has a personal interest warranting protection may seek an order for the registration of disputed information concerning personal status or the rectification or removal of an entry. the court shall hear the relevant cantonal supervisory authority, to which it shall notify its judgment.2 the cantonal supervisory authorities are likewise entitled to make such applications.2. by the register authorities art. 43 the register authorities must of their own accord rectify mistakes resulting from an obvious oversight or error.v. data protection and disclosure art. 43a56 1 in relation to the registration of civil status, the federal council is responsible for safeguarding the personality and constitutional rights of persons in respect of whom data is processed.2 it regulates the disclosure of data to private persons who may show a direct interest warranting protection.3 it stipulates those authorities, in addition to the register authorities, to whom the data necessary for the performance of their legal duties may be disclosed periodically or on request. the disclosure provisions under cantonal law are reserved.3bis the register authorities are required to report to the competent authority any criminal offences that come to their attention while carrying out their official duties.574 the following bodies have online access to data required for proving the identity of a person:1. the issuing authorities under the federal act of 22 june 200158 on identification documents for swiss nationals;2.59 the federal agency responsible for operating the computerised police search system under article 15 of the federal act of 13 june 200860 on the federal police information systems and the filtering agencies of the cantonal and communal police forces linked into the search system;3. the federal agency responsible for keeping the computerised register of convictions under art. 359 of the criminal code61;4. the federal agency responsible for investigations regarding missing persons62;5.63 the federal intelligence service for the early detection and prevention of threats to internal or external security in accordance with article 6 paragraph 1 letter a of the intelligence service act of 25 september 201564;6.65 the authorities responsible for keeping the cantonal and communal registers of residents in accordance with the register harmonisation act of 23 june 200666;7. 67 the federal agencies responsible for keeping the central registers of insured persons in accordance with article 71 paragraph 4 letter a of the federal act of 20 december 194668 on old-age and survivors insurance;8. 69 the federal agencies at the federal department of foreign affairs responsible for keeping the register of swiss living abroad in accordance with article 4 paragraph 1 of the federal act of 24 march 200070 on the processing of personal data.56 introduced by no i of the fa of 5 oct. 2001 (electronic civil register), in force since 1 july 2004 (as 2004 2911; bbl 2001 1639).57 inserted by no i 3 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).58 sr 143.159 amended by annex 1 no 4 of the fa of 13 june 2008 on the federal police information systems, in force since 5 dec. 2008 (as 2008 4989; bbl 2006 5061).60 sr 36161 now: art. 365.62 currently the federal office of police.63 inserted by annex no ii 4 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).64 sr 12165 inserted by no i 1 of the fa of 15 dec. 2017 (registration of civil status and land register), in force since 1 jan. 2019 (as 2018 4017; bbl 2014 3551).66 sr 431.0267 inserted by no i 1 of the fa of 15 dec. 2017 (registration of civil status and land register), in force since 1 jan. 2019 (as 2018 4017; bbl 2014 3551).68 sr 831.1069 inserted by no i 1 of the fa of 15 dec. 2017 (registration of civil status and land register), in force since 1 jan. 2019 (as 2018 4017; bbl 2014 3551).70 sr 235.2b. organisation i. civil register authorities 1. civil registrars art. 44 1 in particular, the registrars shall perform the following tasks:1. they maintain the civil register;2. they make notifications and provide extracts;3. they carry out the preparatory procedure for weddings and conduct the wedding ceremony;4. they record declarations as to civil status.2 exceptionally, the federal council may entrust a representative of switzerland abroad with these tasks.2. supervisory authorities art. 45 1 each canton shall appoint a supervisory authority.2 in particular, the supervisory authority shall perform the following tasks:1. it supervises the register offices;2. it supports and advises the register offices;3. it assists in maintaining the civil register and in carrying out the preparatory procedure for weddings;4. it issues directives on recognition and recording of matters relating to civil status that occur abroad and of foreign judicial and administrative decisions concerning civil status;5. it provides for the basic and continuing education and training of persons working in the civil register service.3 the confederation is responsible for oversight. it may have recourse to cantonal appeal procedures against the decisions of the registrars and the supervisory authorities.7171 amended by no i of the fa of 5 oct. 2001 (electronic civil register), in force since 1 july 2004 (as 2004 2911; bbl 2001 1639).ia. central civil information system art. 45a72 1 the confederation shall operate and develop a central civil information system for running a centralised civil register.2 the confederation bears the operating and development costs.3 the cantons shall pay the confederation an annual fee for the use of the system for the purposes of managing the register of civil status.4 the confederation shall involve the cantons in the development of the system and provide technical support in its use.5 in cooperation with the cantons, the federal council regulates:1. the details of the cantons' involvement in developing the system;2. the amount to be paid by the cantons for its use; 3. the rights of access of the civil register authorities and other agencies with access rights;4. how the confederation and cantons cooperate over running the system;5. the organisational and technical measures necessary to safeguard data protection and data security;6. data archiving.6 it may provide for the costs of services for third parties for purposes unrelated to civil status matters to be charged to these third parties.72 inserted by no i of the fa of 5 oct. 2001 (electronic civil register) (as 2004 2911; bbl 2001 1639). inserted by no i 1 of the fa of 15 dec. 2017 (registration of civil status and land register), in force since 1 jan. 2019 (as 2018 4017; bbl 2014 3551).ii. liability art. 46 1 any person suffering loss caused unlawfully by persons employed in the civil register service in the exercise of their official duties is entitled to damages and, where justified by the gravity of the loss, to satisfaction.2 the canton is liable; it may have recourse against persons who have caused loss wilfully or through gross negligence.3 the government liability act of 14 march 195873 applies in relation to persons employed by the confederation.73 sr 170.32iii. disciplinary measures art. 47 1 wilful or negligent breaches of official duty by persons working in civil register offices are subject to disciplinary measures taken by the cantonal supervisory authority.2 disciplinary measures shall consist of reprimands, fines of up to chf 1000 or, in serious cases, removal from office.3 the right to prosecute is reserved.c. implementing provisions i. federal law art. 48 1 the federal council issues the provisions on implementation.2 in particular it regulates:1. the registers to be maintained and the information to be recorded;2. the use of the oasi number74 in accordance with article 50c of the federal act of 20 december 194675 on the old-age and survivors' insurance for the purpose of electronic data exchange between official registers of persons;3. the maintenance of the register;4. supervision.763 to ensure technically reliable implementation the federal council may set minimum requirements for the basic and continuing education and training of personnel in the civil register service and for the function of registrar.4 it determines the fees charged by the civil register service.5 it determines the conditions on which it is permissible by electronic means:1. to provide civil status information;2. to make declarations concerning civil status;3. to make notifications and provide extracts from the civil register.7774 term in accordance with annex no 2 of the fa of 18 dec. 2020 (systematic use of the oasi number by authorities), in force since 1 jan. 2022 (as 2021 758; bbl 2019 7359). this modification has been made in the provision specified in the as.75 sr 831.1076 amended by annex no 2 of the register harmonisation act of 23 june 2006, in force since 1 jan. 2008 (as 2006 4165; bbl 2006 427).77 inserted by no i of the fa of 5 oct. 2001 (electronic civil register), in force since 1 july 2004 (as 2004 2911; bbl 2001 1639).ii. cantonal law art. 49 1 the cantons define the civil register districts.2 they enact the provisions necessary for implementation within the framework of federal law.3 such cantonal provisions, with the exception of those concerning remuneration of personnel, are subject to approval by the confederation.art. 50 and 51 repealedtitle two: legal entities chapter one: general provisions a. legal personality art. 52 1 associations of persons organised as corporate bodies and independent bodies with a specific purpose acquire legal personality on being entered in the commercial register.2 public law corporations and bodies, and associations that do not have a commercial purpose do not require registration.783 associations of persons and bodies which pursue an immoral or unlawful purpose may not acquire legal personality.78 amended by no i 1 of the fa of 12 dec. 2014 on the implementation of the 2012 revision of the recommendations of the financial action task force, in force since 1 jan. 2016 (as 2015 1389; bbl 2014 605).b. legal capacity art. 53 legal entities have all the rights and duties other than those which presuppose intrinsically human attributes, such as gender, age or kinship.c. capacity to act i. requirements art. 54 legal entities have capacity to act once the governing bodies required by law and their articles of association have been appointed.ii. action on behalf of the legal entity art. 55 1 the governing bodies express the will of the legal entity.2 they bind the legal entity by concluding transactions and by their other actions.3 the governing officers are also personally liable for their wrongful acts.d. seat art. 5679 the seat of the legal entity is located where its administration is carried out, unless its articles of association provide otherwise.79 amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).e. dissolution i. application of assets art. 57 1 on dissolution of a legal entity, and unless provided otherwise by law, the articles of association, the founding charter or the governing bodies, its assets pass to the state authority (confederation, canton, commune) to which the entity had been assigned according to its objects.2 such assets must be used as far as possible for the original purpose.3 where a legal entity is dissolved due to its pursuit of immoral or unlawful objects, the assets pass to the state authority even where contrary provision has been made.8080 amended by no i of the fa of 8 oct. 2004 (law on foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).ii. liquidation art. 58 the procedure for liquidating the assets of the legal entity is governed by the regulations for cooperatives.f. reservation of public law and company law art. 59 1 public and ecclesiastical corporations and institutions are governed by federal and cantonal public law.2 associations of persons which pursue a commercial purpose are subject to the provisions on companies and cooperatives.3 common land cooperatives and similar bodies remain subject to the provisions of cantonal law.chapter two: associations a. formation i. corporate group of persons art. 60 1 associations with a political, religious, scientific, cultural, charitable, social or other non-commercial purpose acquire legal personality as soon as their intention to exist as a corporate body is apparent from their articles of association.2 the articles of association must be done in writing and indicate the objects of the association, its resources and its organisation.ii. entry in the commercial register81 81 amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 61 1 once the articles of association have been ratified and the committee appointed, the association is eligible for entry in the commercial register.2 the association must be registered if it:1. conducts a commercial operation in pursuit of its objects;2. is subject to an audit requirement.823 the articles of association and a list of committee members must be enclosed with the application for registration.82 amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iii. associations lacking legal personality art. 62 associations which cannot acquire or have not yet acquired legal personality are treated as simple partnerships.iv. relationship between articles of association and the law art. 63 1 where the articles of association do not provide rules for the association's organisation or its relationship with its members, the following provisions apply.2 mandatory provisions of law cannot be altered by the articles of association.b. organisation i. general meeting 1. function, convening of meetings art. 64 1 the general meeting of members is the supreme governing body of the association.2 the general meeting is called by the committee.3 general meetings must be convened in accordance with the rules set out in the articles of association and also, as required by law, if one-fifth of the members so request.2. powers art. 65 1 the general meeting of members decides on admission and exclusion of members, appoints the committee and decides all matters which are not reserved to other governing bodies of the association.2 it supervises the activities of the governing bodies and may at any time dismiss the latter without prejudice to any contractual rights of those dismissed.3 the right of dismissal exists by law whenever justified by good cause.3. resolutions a. form art. 66 1 resolutions are passed by the general meeting.2 the written consent of all members to a proposal is equivalent to a resolution of the general meeting.b. voting rights and majority art. 67 1 all members have equal voting rights at the general meeting.2 resolutions require a majority of the votes of the members present.3 resolutions may be taken on matters for which proper notice has not been given only where this is expressly permitted by the articles of association.c. exclusion from voting art. 68 each member is by law excluded from voting on any resolution concerning a transaction or dispute between him or her, his or her spouse or a lineal relative on the one hand and the association on the other.ii. committee 1. rights and duties in general83 83 amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 69 the committee is entitled and obliged as defined under the articles of association to manage and represent the association.2. accounting art. 69a84 the committee shall maintain the association's business ledgers. the provisions of the code of obligations85 on commercial bookkeeping and accounting apply mutatis mutandis.84 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names) (as 2007 4791; bbl 2002 3148, 2004 3969). amended by annex no 1 of the fa of 23 dec. 2011 (accounting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).85 sr 220iii. auditors art. 69b86 1 the association must submit its accounts to a full audit by external auditors if two of the following figures are exceeded in two successive business years:1. total assets of chf 10 million;2. turnover of chf 20 million;3. average annual total of 50 full-time staff.2 the association must submit its accounts to a limited audit by external auditors if a member with personal liability or an obligation to provide further capital so requests.3 the provisions of the code of obligations87 on external auditors for companies apply mutatis mutandis.4 in all other cases the articles of association and the general meeting88 are free to make such auditing arrangements as they deem fit.86 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).87 sr 22088 corrected by the federal assembly drafting committee (art. 58 para. 1 parla; sr 171.10).iv. organisational defects art. 69c89 1 if the association lacks one of the prescribed governing bodies or if it is no longer legally domiciled at its seat, a member or a creditor may apply to the court for an order that the necessary measures be taken.902 in particular, the court may set the association a time limit in which to restore the situation required by law and may, if necessary, appoint an administrator.3 the association bears the cost of such measures. the court may order the association to make an advance payment to the persons appointed.4 for good cause, the association may apply to the court for the removal of the persons it appointed.89 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).90 amended by annex no i of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).c. membership i. admission, resignation art. 70 1 members may be admitted at any time.2 all members have a legal right to resign subject to six months' notice expiring at the end of the calendar year or, if an administrative period is provided for, at the end of such period.3 membership is neither transferable nor heritable.ii. duty to pay subscriptions art. 7191 members have a duty to pay subscriptions if the articles of association so provide.91 amended by no i of the fa of 17 dec. 2004 (determination of subscription duties for association members), in force since 1 june 2005 (as 2005 2117; bbl 2004 4835 4843).iii. exclusion art. 72 1 the articles of association may specify the grounds on which a member may be excluded, but exclusion may also occur without reasons being given.2 in such cases, the exclusion may not be challenged based on the reasons.3 unless the articles of association provide otherwise, exclusion requires a resolution by the members and good cause.iv. status of former members art. 73 1 members who resign or are excluded have no claim on the assets of the association.2 they are liable for the subscriptions due during the period of their membership.v. protection of the objects of the association art. 74 no member may be forced against his or her will to accept a change in the objects of the association.vi. protection of members art. 75 any member who has not consented to a resolution which infringes the law or the articles of association is entitled by law to challenge such resolution in court within one month of learning thereof.cbis. liability art. 75a92 the association is liable for its obligations with its assets. such liability is limited to the assets unless the articles of association provide otherwise.92 inserted by no i of the fa of 17 dec. 2004 (determination of subscription duties for association members), in force since 1 june 2005 (as 2005 2117; bbl 2004 4835 4843).d. dissolution i. manner of dissolution 1. by resolution art. 76 the association may be dissolved at any time by resolution of the members.2. by operation of law art. 77 the association is dissolved by operation of law if it is insolvent or if the committee may no longer be appointed in accordance with the articles of association.3. by court order art. 78 where the objects of the association are unlawful or immoral, the competent authority or an interested party may apply for a court order of dissolution.ii. deletion from the commercial register art. 79 where the association is registered, the committee or the court shall inform the commercial registrar of the dissolution so that the entry may be deleted.chapter three: foundations a. formation i. in general art. 80 a foundation is established by the endowment of assets for a particular purpose.ii. form of establishment art. 81 1 a foundation may be created by public deed or by testamentary disposition.932 the foundation is entered in the commercial register based on its charter and, as the case may be, in accordance with any directions issued by the supervisory authority, and the entry must indicate the members of the board of trustees.3 the probate authority shall inform the commercial registrar of the creation of the foundation by testamentary disposition.9493 amended by no i of the fa of 8 oct. 2004 (law on foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).94 inserted by no i of the fa of 8 oct. 2004 (law on foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).iii. challenge art. 82 a foundation may be challenged by the founder's heirs or creditors in the same manner as a gift.b. organisation i. in general art. 8395 the foundation charter shall stipulate the foundation's governing bodies and the manner in which it is to be administered.95 amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. bookkeeping art. 83a96 1 the supreme governing body of the foundation shall maintain its business ledgers. the provisions of the code of obligations97 on commercial bookkeeping and accounting apply mutatis mutandis.96 inserted by no i of the fa of 8 oct. 2004 (law on foundations) (as 2005 4545; bbl 2003 8153 8191). amended by annex no 1 of the fa of 23 dec. 2011 (accounting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589). 97 sr 220iii. auditors 1. duty of audit and applicable law art. 83b98 1 the board of trustees shall appoint external auditors.2 the supervisory authority may exempt a foundation from the duty to appoint external auditors. the federal council determines the conditions for such exemption.3 where there are no special provisions for foundations, the provisions of the code of obligations99 on external auditors for public limited companies apply mutatis mutandis.4 if the foundation has a duty to carry out a limited audit, the supervisory authority may require a full audit where necessary for a reliable assessment of the foundation's financial situation.98 inserted by no i of the fa of 8 oct. 2004 (law on foundations) (as 2005 4545; bbl 2003 8153 8191). amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).99 sr 2202. supervisory authority art. 83c100 the external auditors must provide the supervisory authority with a copy of the audit report and all important communications with the foundation.100 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iv. organisational defects art. 83d101 1 if the planned system of organisation proves inadequate, if the foundation lacks one of the prescribed governing bodies or one such body is not lawfully constituted, or if the foundation is no longer legally domiciled at its seat, the supervisory authority must take the necessary measures. in particular it may:1021. set a time limit within which the foundation must restore the legally required situation; or2. appoint the body which is lacking or an administrator.2 in the event that the foundation is unable to organise itself effectively, the supervisory authority shall transfer its assets to another foundation with as similar objects as possible.3 the foundation bears the cost of such measures. the supervisory authority may require the foundation to make an advance payment to the persons appointed.4 for good cause, the foundation may request the supervisory authority to remove persons whom it has appointed.101 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).102 amended by annex no i of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).c. supervision art. 84 1 foundations are supervised by the state authority (confederation, canton, commune) to which they are assigned.1bis the cantons may subject foundations at communal level to supervision at cantonal level.1032 the supervisory authority must ensure that the foundation's assets are used for their declared purpose.103 inserted by no i of the fa of 8 oct. 2004 (law on foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).cbis. measures in the event of overindebtedness and insolvency art. 84a104 1 where there are grounds for concern that the foundation is overindebted or will no longer be able to meet its obligations in the longer term, its board of trustees must draw up an interim balance sheet at liquidation values and submit it to the external auditors. if the foundation has no external auditors, the board of trustees must submit the interim balance sheet to the supervisory authority.2 if the external auditors establish that the foundation is overindebted or will no longer be able to meet its obligations in the longer term, it must submit the interim balance sheet to the supervisory authority.3 the supervisory authority shall direct the board of trustees to take the necessary measures. if it fails to do so, the supervisory authority takes such measures itself.4 if necessary, the supervisory authority shall take legal enforcement measures; the provisions of company law on commencement or deferral of compulsory dissolution apply mutatis mutandis.104 inserted by no i of the fa of 8 oct. 2004 (law on foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).art. 84b105 105 inserted by no i of the fa of 8 oct. 2004 (law on foundations) (as 2005 4545; bbl 2003 8153 8191). repealed by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).d. modification of the foundation i. reorganisation art. 85106 at the request of the supervisory authority and having heard the board of trustees, the competent federal or cantonal authority may modify the foundation's organisation where such a step is urgently required in order to preserve the foundation's assets or safeguard the pursuit of its objects.106 amended by no i of the fa of 8 oct. 2004 (law on foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).ii. amendment of objects 1. request by the supervisory authority or the board of trustees107 107 amended by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).art. 86 1 at the request of the supervisory authority or the board of trustees, the competent federal or cantonal authority may amend the objects of the foundation where the original objects have altered in significance or effect to such an extent that the foundation has plainly become estranged from the founder's intentions.1082 subject to the same requirements, conditions that are detrimental to the objects of the foundation may be revoked or amended.108 amended by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).2. at the founder's request or in accordance with his testamentary disposition art. 86a109 1 the competent federal or cantonal authority shall amend the objects of the foundation at the founder's request or in accordance with his or her testamentary disposition, provided that the charter reserves the right to amend the objects and that at least ten years have elapsed since the foundation was established or since the last amendment requested by the founder.2 where the foundation pursues public or charitable objects within the meaning of art. 56 lit. g of the federal act of 14 december 1990 on direct federal taxation110, such new objects must likewise be public or charitable.3 the right to amend a foundation's objects is neither transferable nor heritable. if the founder is a legal entity, the right extinguishes at the latest 20 years after the establishment of the foundation.4 joint founders may only jointly request an amendment of the foundation's objects.5 the probate authority shall inform the competent authority of any testamentary disposition concerning the amendment of the foundation's objects.109 inserted by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).110 sr 642.11iii. minor amendments to the charter art. 86b111 having heard the board of trustees, the supervisory authority may make minor amendments to the foundation charter provided these are objectively justified and do not impair the rights of any third party.111 inserted by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).e. family and ecclesiastical foundations art. 87 1 family and ecclesiastical foundations are not subject to supervision, unless otherwise provided by public law.1bis they are exempt from the duty to appoint external auditors.1122 private law disputes are decided by the courts.112 inserted by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).f. dissolution and deletion from the register i. dissolution by the competent authority art. 88113 1 the competent federal or cantonal authority shall dissolve the foundation on application or of its own accord if:1. its objects have become unattainable and the foundation cannot be maintained by modifying its charter; or2. its objects have become unlawful or immoral.2 family and ecclesiastical foundations shall be dissolved by court order.113 amended by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).ii. right to apply for dissolution, deletion from the register art. 89114 1 any interested party may file an application or bring an action for the dissolution of a foundation.2 dissolution must be reported to the commercial registrar so that the entry may be deleted.114 amended by no i of the fa of 8 oct. 2004 (law of foundations), in force since 1 jan. 2006 (as 2005 4545; bbl 2003 8153 8191).g. employee benefits schemes115 115 amended by no ii art. 2 no 1 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241).art. 89a116 1 the following additional provisions apply to employee benefits schemes established in accordance with art. 331 of the code of obligations117 in the form of a foundation.1182 the foundation's governing bodies must furnish the beneficiaries with the necessary information concerning the foundation's organisation, activities and assets.3 if employees pay contributions into the benefits scheme, they are entitled to participate in its administration at least in proportion to their contributions; wherever possible, the employees must elect their representative from among their employer's personnel.1194 .1205 the beneficiaries may sue the foundation for the distribution of benefits if they have paid contributions into it or if according to the foundation's regulations they have a legal entitlement to such benefits.6 for employee benefits schemes providing old age, survivors' and invalidity pensions which are subject to the vested benefits act of 17 december 1993121 (vba), the provisions of the federal act of 25 june 1982 on occupational old age, survivors' and invalidity pension provision (opa)122 on the following matters apply:1231.124 the definition and principles of occupational pension arrangements and the insurable salary or income (art. 1, 33a and 33b);2.125 the requirement of being subject to oasi (art. 5 para. 1);3. the beneficiaries in the case of survivors' benefits (art. 20a);3a.126 the adjustment of the invalidity pension following the equitable division of occupational pensions (art. 24 para. 5);3b.127 the provisional continuation of insurance and of the entitlement to benefits on the reduction or termination of the invalidity pension (art. 26a);4.128 the adjustment of plan benefits to inflation (art. 36 para. 2-4);4a.129 the agreement on a lump sum payment (art. 37a);4b.130 the measures in the case of neglect of maintenance obligations (art. 40);5. the prescription of claims and the safekeeping of insurance documents (art. 41);5a.131 the use, processing and disclosure of the oasi number (art. 48 para. 4, art. 85a lit. f and art. 86a para. 2 lit. bbis);6. liability (art. 52);7.132 the licensing and duties of the supervisory bodies (art. 52a-52e);8.133 the integrity and loyalty of the persons responsible, transactions with close associates and conflicts of interest (art. 51b, 51c and 53a);9. partial or total liquidation (art. 53b-53d);10.134 termination of contracts (art. 53e);11. the guarantee fund (art. 56 para. 1 lit. c and para. 2-5, art. 56a, 57 and 59);12.135 supervision and oversight (art. 61-62a and 64-64c);13.136 .14.137 financial security (art. 65 para. 1, 3 and 4, art. 66 para. 4, art. 67 and art. 72a-72g);15. transparency (art. 65a);16. reserves (art. 65b);17. insurance contracts between occupational benefits schemes and insurance institutions (art. 68 para. 3 and 4);18. asset management (art. 71);19. legal recourse (art. 73 and 74);20. criminal provisions (art. 75-79);21. buy-in (art. 79b);22. insurable salary and income (art. 79c);23. provision of information to insured persons (art. 86b).1387 for employee benefits schemes providing old age, survivors' and invalidity pensions but which are not subject to the vba, such as employer-sponsored welfare funds with discretionary benefits and financing foundations, only the following provisions of the opa apply:1. the requirement of being subject to oasi (art. 5 para. 1);2. the use, processing and disclosure of the oasi number (art. 48 para. 4, 85a let. f and 86a para. 2 let. bbis);3. liability (art. 52);4. the licensing and duties of the auditors (art. 52a, 52b and 52c para. 1 let. a-d and g, 2 and 3);5. the integrity and loyalty of the persons responsible, transactions with close associates and conflicts of interest (art. 51b, 51c and 53a);6. total liquidation (art. 53c);7. supervision and oversight (art. 61-62a and 64-64b);8. legal recourse (art. 73 and 74);9. criminal provisions (art. 75-79);10. tax treatment (art. 80, 81 para. 1 and 83).1398 for employee benefits schemes under paragraph 7, the following provisions also apply:1. they manage their assets so that security, an adequate yield on investments and the required liquidity for their tasks are guaranteed.2. the supervisory authority shall rule on partial liquidation matters related to employer-sponsored welfare funds with discretionary benefits at the request of the foundation board.3. they shall respect the principles of equal treatment and fairness mutatis mutandis.140116 inserted by no ii of the fa of 21 march 1958, in force since 1 july 1958 (as 1958 379; bbl 1956 ii 825). originally art. 89bis, until the entry into force of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).117 sr 220118 amended by no ii art. 2 no 1 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241).119 amended by no ii art. 2 no 1 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241).120 repealed by no iii of the fa of 21 june 1996, with effect from 1 jan. 1997 (as 1996 3067; bbl 1996 i 564 580).121 sr 831.42122 sr 831.40123 amended by no i of the fa of 25 sept. 2015 (employee benefits schemes), in force since 1 april 2016 (as 2016 935; bbl 2014 6143 6649).124 amended by no ii 1 of the fa of 11 dec. 2009 (measures to facilitate the employment of older persons), in force since 1 jan. 2011 (as 2010 4427; bbl 2007 5669).125 amended by no i of the fa of 25 sept. 2015 (employee benefits schemes), in force since 1 april 2016 (as 2016 935; bbl 2014 6143 6649).126 inserted by annex no 2 of the fa of 18 march 2011 (6th invi revision, first set of measures) (as 2011 5659; bbl 2010 1817). amended by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).127 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).128 amended by annex no 1 of the fa of 18 june 2004, in force since 1 jan. 2005 (as 2004 4635; bbl 2003 6399).129 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).130 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1. jan. 2022 (as 2015 4299, 2020 5; bbl 2014 529).131 inserted by annex no 1 of the fa of 23 june 2006 (new oasi insurance number), in force since 1 dec. 2007 (as 2007 5259; bbl 2006 501).132 amended by no ii 1 of the fa of 19 march 2010 (opa structural reform), in force since 1 jan. 2012 (as 2011 3393; bbl 2007 5669).133 amended by no ii 1 of the fa of 19 march 2010 (opa structural reform), in force since 1 jan. 2012 (as 2011 3393; bbl 2007 5669).134 amended by no ii of the fa of 20 dec. 2006 (change of employee benefits scheme), in force since 1 may 2007 (as 2007 1803 1805; bbl 2005 5941 5953).135 amended by no ii 1 of the fa of 19 march 2010 (opa structural reform), in force since 1 jan. 2012 (as 2011 3393; bbl 2007 5669).136 repealed by no ii 1 of the fa of 19 march 2010 (opa structural reform), with effect from 1 jan. 2012 (as 2011 3393; bbl 2007 5669).137 amended by no ii 1 of the fa of 17 dec. 2010 (funding of benefits schemes for public corporations), in force since 1 jan. 2012 (as 2011 3385; bbl 2008 8411).138 inserted by annex no 1 of the fa of 25 june 1982 on old age, survivors' and disability insurance (as 1983 797; bbl 1976 i 149). amended by annex no 1 of the fa of 3 oct. 2003 (1st revision of opa), no 6, 7, 10-12, 14 (with the exception of art. 66 para. 4), 15, 17-20 and 23 in force since 1 april 2004, no 3-5, 8, 9, 13, 14 (art. 66 para. 4) and 16 in force since 1 jan. 2005, no 1, 21 and 22 in force since 1 jan. 2006 (as 2004 1677; bbl 2000 2637).139 inserted by no i of the fa of 25 sept. 2015 (employee benefits schemes), in force since 1 april 2016 (as 2016 935; bbl 2014 6143 6649).140 inserted by no i of the fa of 25 sept. 2015 (employee benefits schemes), in force since 1 april 2016 (as 2016 935; bbl 2014 6143 6649).title twobis:141 142 collective assets 141 corrected by the federal assembly drafting committee (art. 58 abs. 1 parla; sr 171.10).142 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).a. no management art. 89b 1 in the case of a public collection for charitable purposes, if no arrangements have been made for the management or use of the collective assets, the competent authority shall take the required measures.2 it may appoint an administrator for the collective assets or allocate the assets to an association or a foundation with objects that are as similar as possible.3 the administrator is subject, mutatis mutandis, to the regulations on deputyships in context of adult protection.b. jurisdiction art. 89c 1 the canton in which the main part of the collective is managed has jurisdiction.2 unless the canton provides otherwise, the authority that supervises the foundations has jurisdiction.part two: family law division one: marital law title three:143 marriage 143 amended by no i 2 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).chapter one: engagement a. betrothal art. 90 1 engagement is constituted by mutual promises to marry.2 minors incur no obligation through betrothal without the consent of their legal representative.1443 engagement does not give rise to any actionable obligation to marry.144 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. ending the engagement i. gifts art. 91 1 if the engagement is ended, the engaged parties may demand the return of gifts made to each other, with the exception of the usual occasional gifts, unless the engagement has ended as a result of death.2 where such gifts are no longer at hand, restitution is subject to the provisions governing unjust enrichment.ii. duty to contribute art. 92 if one of the engaged couple has in good faith incurred expense in anticipation of the marriage ceremony and the engagement is then ended, that party may claim a reasonable contribution from the other where this is not inequitable in the overall circumstances.iii. prescription art. 93 claims arising from the engagement prescribe one year from the ending of the engagement.chapter two: requirements for marriage a. capacity to marry art. 94 1 to be able to marry, the prospective spouses must have reached 18 years of age and have the capacity of judgement.2 .145145 repealed by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), with effect from 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. impediments i. kinship146 146 amended by annex no 8 of the civil partnerships act of 18 june 2004, in force since 1 jan. 2006 (as 2005 5685; bbl 2003 1288).art. 95 1 marriage between lineal relatives and between siblings or half-siblings, whether related to each other by parentage or adoption, is prohibited.1472 adoption does not remove the impediment to marriage constituted by kinship between the adopted child and his issue on the one hand and his adoptive family on the other.147 amended by annex no 8 of the civil partnerships act of 18 june 2004, in force since 1 jan. 2006 (as 2005 5685; bbl 2003 1288).ii. previous marriage art. 96 a person wishing to remarry must prove that any previous marriage has been annulled or dissolved.chapter three: preparation and wedding ceremony a. general principles art. 97 1 the wedding ceremony takes place in the presence of the civil registrar after the preparatory procedure has been taken.2 the engaged couple may marry in the civil register district of their choice.3 no religious wedding ceremony is permitted prior to the civil ceremony.abis. circumvention of the legislation on foreign nationals art. 97a148 1 the civil registrar shall not consider a request for marriage if the bride or groom clearly has no intention of living together but wishes to circumvent the provisions on the admission and residence of foreign nationals.2 the civil registrar shall grant a hearing to the prospective spouses and may obtain information from other authorities or third parties.148 inserted by annex no ii 4 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437; bbl 2002 3709).b. preparatory procedure i. request art. 98 1 the preparatory procedure is carried out at the civil register office at the domicile of the bride or groom at their request.2 they must appear in person. if they may show that they clearly cannot be required to do so, the preparatory procedure may be carried out in writing.3 they must furnish documentary proof of identity and personally declare at the civil register office that they satisfy the legal requirements for marriage; they must also produce any necessary consent.4 engaged couples who are not swiss citizens must prove during the preparatory procedure that they are lawfully resident in switzerland.149149 inserted by no i of the fa of 12 june 2009 (prevention of marriages in the event of unlawful residence), in force since 1 jan. 2011 (as 2010 3057; bbl 2008 2467 2481).ii. conduct and completion of the preparatory procedure art. 99 1 the civil register office verifies that:1. the request has been duly submitted;2. the identity of the engaged couple has been established; and3.150 the requirements for marriage are satisfied, and in particular whether there are any circumstances that suggest that the request clearly does not reflect the free will of the engaged couple.2 provided these requirements are fulfilled, the civil register office shall inform the betrothed parties that the preparatory procedure has been completed and of the legally prescribed time limits for holding the wedding ceremony.1513 after consulting the engaged couple and in conformity with cantonal regulations, the civil register office sets the date of the wedding ceremony or, upon request, authorises that it may be conducted in another civil register district.4 the civil register office must inform the competent authority of the identity of any engaged couple who have not proven that they are lawfully resident in switzerland.152150 amended by no i 3 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).151 amended by no i of the fa of 28 sept. 2018, in force since 1 jan. 2020 (as 2019 3813; bbl 2017 6769).152 inserted by no i of the fa of 12 june 2009 (prevention of marriages in the event of unlawful residence), in force since 1 jan. 2011 (as 2010 3057; bbl 2008 2467 2481).iii. time limits art. 100153 the wedding ceremony may take place within three months following notification of completion of the preparatory procedure.153 amended by no i of the fa of 28 sept. 2018, in force since 1 jan. 2020 (as 2019 3813; bbl 2017 6769).c. wedding ceremony i. venue art. 101 1 the wedding ceremony takes place at the wedding venue of the civil register district chosen by the engaged couple.2 where the preparatory procedure was conducted in a different civil register district, the engaged couple must produce a marriage licence.3 if the engaged couple show that they cannot reasonably be required to appear at the official venue, the wedding may take place at another location.ii. form art. 102 1 a wedding is a public ceremony that takes place in the presence of two adult witnesses who are capable of judgement.1542 the civil registrar asks the bride and groom individually whether each wishes to marry the other.3 if both answer in the affirmative, they are pronounced married by mutual consent.154 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).d. implementing provisions art. 103 the federal council and, within the scope of their powers, the cantons shall enact the necessary implementing provisions.chapter four: annulment of marriage a. general principle art. 104 a marriage contracted before a civil registrar may be annulled only on one of the grounds provided in this chapter.b. annulment not subject to a time limit i. grounds art. 105 grounds for annulment are:1. that one of the spouses155 was already married at the time of the wedding and the previous marriage had not been dissolved by divorce or by the death of the previous spouse;2. that one of the spouses lacked capacity of judgement at the time of the wedding and has not regained such capacity since;3.156 that the marriage was prohibited due to kinship;4.157 one of the spouses has no intention of living with the other, but wishes to circumvent the provisions on the admission and residence of foreign nationals;5.158 a spouse has not married of his or her own free will;6.159 one of the spouses is a minor, unless the continuation of the marriage is in the overriding interest of this spouse.155 footnote relevant to german text only.156 amended by no 8 of the civil partnerships act of 18 june 2004, in force since 1 jan. 2006 (as 2005 5685; bbl 2003 1288).157 inserted by annex no ii 4 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437; bbl 2002 3709).158 inserted by no i 3 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).159 inserted by no i 3 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).ii. action for annulment art. 106 1 an action for annulment is brought ex officio by the competent cantonal authority at the domicile of the spouses; in addition, any interested party is entitled to bring such action. provided this is compatible with their duties, the federal and cantonal authorities shall contact the authority competent for the action if they have reason to believe that there are grounds for annulment.1602 if the marriage has been otherwise dissolved, the authority may no longer seek an annulment ex officio; however, any interested party may seek a declaration of annulment.3 an action for annulment may be brought at any time.160 last sentence inserted by no i 3 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).c. annulment subject to a time limit i. grounds art. 107 a spouse may seek a declaration of annulment if he or she:1. temporarily lacked capacity of judgement at the time of the wedding;2. married in error, whether because he or she did not wish to marry at all or did not wish to marry the other person;3. contracted the marriage because he or she was intentionally deceived with regard to essential personal attributes of the other spouse;4.161 .161 repealed by no i 3 of the fa of 15 june 2012 on measures against forced- marriages, with effect from 1 july 2013 (as 2013 1035; bbl 2011 2185).ii. action for annulment art. 108 1 an action for annulment must be brought within six months of learning of the grounds for annulment or of the date on which the threat ceased, but in any event within five years of the wedding.2 the right to bring an action for annulment does not pass to heirs; however, an heir may continue an action already brought.d. effects of judgment art. 109 1 a marriage does not become invalid until a court has declared it annulled; prior to such judgment it has all the effects of a valid marriage with the exception of claims under inheritance law, which in any event the surviving spouse loses.2 the provisions governing divorce apply mutatis mutandis to the effects of a court declaration of annulment on the spouses and their children.3 the presumption of paternity in favour of the husband does not apply if the marriage is annulled because it served to circumvent the provisions on the admission and residence of foreign nationals.162162 inserted by annex no ii 4 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437; bbl 2002 3709).art. 110163 163 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).title four:164 divorce and separation 164 amended by no i 3 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).chapter one: requirements for divorce a. divorce by joint request i. comprehensive agreement art. 111165 1 where the spouses jointly request divorce and submit a comprehensive agreement on the consequences of the divorce along with any necessary documents and with joint applications in respect of the children, the court shall hear the spouses both separately and together. the hearing may comprise two or more sessions.2 if the court is persuaded that desire for divorce and the agreement are the product of free will and careful reflection and that the agreement with the applications in respect of the children may be approved, the court shall issue the divorce decree.165 amended by no i of the fa of 25 sept. 2009 (reflection period in divorce proceedings by joint application), in force since 1 feb. 2010 (as 2010 281; bbl 2008 1959 1975).ii. partial agreement art. 112 1 the spouses may jointly request divorce and ask the court to decide matters on which they cannot reach agreement.2 as in the case of comprehensive agreement, the court shall hear the parties on those consequences of the divorce on which they have reached agreement and on their request that the remaining consequences be decided by the court.3 .166166 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).art. 113167 167 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).b. divorce at the petition of one spouse i. after living apart art. 114168 a spouse may petition for divorce if, at the time the petition is filed or at the time the divorce request is replaced by a divorce petition, the spouses have lived apart for at least two years.168 amended by no i of the fa of 19 dec. 2003 (separation period in divorce law), in force since 1 june 2004 (as 2004 2161; bbl 2003 3927 5825).ii. irretrievable breakdown art. 115169 prior to the expiry of the two-year period, a spouse may petition for divorce if the marriage has irretrievably broken down for compelling reasons for which he or she is not responsible.169 amended by no i of the fa of 19 dec. 2003 (separation period in divorce law), in force since 1 june 2004 (as 2004 2161; bbl 2003 3927 5825).art. 116170 170 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).chapter two: separation a. requirements and procedure art. 117 1 spouses may petition for a separation decree subject to the same requirements as apply to divorce.2 .1713 the right to petition for divorce is unaffected by the separation decree.171 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).b. effects of separation art. 118 1 by operation of the law, the separation decree implements the marital property separation of property regime.2 otherwise, the provisions governing measures for the protection of the marital union apply mutatis mutandis.chapter three: consequences of divorce a. civil status of divorced spouses art. 119172 1 a spouse who has changed his or her surname on marriage retains that surname following divorce; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the marriage.172 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).b. marital property law and inheritance law art. 120 1 the provisions of marital property law apply to the division of marital property.2 divorced spouses have no rights of inheritance in relation to each other and may not make claims based on testamentary dispositions made before their divorce proceedings were made pending.c. family home art. 121 1 if a spouse must remain in the family home because of the children or for other compelling reasons, the court may transfer the rights and obligations under the tenancy agreement to that spouse provided this is not inequitable for the other.2 the previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years; if an action is brought to recover rent due, he or she is entitled to set off the amount paid in instalments equal to the amount of the monthly rent against any maintenance payments owed to the other spouse.3 if the home belongs to the family of one of the spouses, the court may, on the same conditions, grant the other spouse a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. where new and compelling reasons so require, such right of residence may be restricted or revoked.d. occupational pensions i. principle art. 122173 in the event of divorce, any occupational pension assets accrued during the marriage up to the point at which divorce proceedings commence are divided equitably. 173 amended by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).ii. equitable division of termination benefits art. 123174 1 termination benefits including vested benefits and early withdrawals for purchasing owner-occupied property are divided equally.2 paragraph 1 does not apply to one-off contributions from individual property in accordance with the law.3 the termination benefits to be divided are calculated on the basis of articles 15-17 and 22a or 22b of the vested benefits act of 17 december 1993175.174 amended by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).175 sr 831.42iii. equitable division of invalidity pension prior to statutory retirement age art. 124176 1 if, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension prior to the statutory retirement age, the amount to which he or she would be entitled under article 2 paragraph 1ter of the vested benefits act of 17 december 1993177 following cancellation of the invalidity pension counts as the termination benefits.2 the provisions on the equitable division of termination benefits apply mutatis mutandis.3 the federal council determines in which cases the amount under paragraph 1 may not be applied in the division because there has been a reduction due to over-compensation.176 amended by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).177 sr 831.42iv. equitable division in the case of invalidity pensions after statutory retirement age and in the case of retirement pensions art. 124a178 1 if, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension after the statutory retirement age or drawing a retirement pension, the court decides at its own discretion how the pension is to be divided. in doing so it primarily takes into account the duration of the marriage and the pension requirements of each spouse.2 the share of the pension awarded to the spouse entitled thereto is converted into a life-long pension. this is paid to the entitled spouse by the liable spouse's occupational pension fund or is transferred to the entitled spouse's own occupational pension fund.3 the federal council regulates:1. the actuarial conversion of the share of the pension into a life-long pension;2. the procedure in cases in which the retirement benefits are postponed or the invalidity pension is reduced due to over-compensation.178 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).v. exceptions art. 124b179 1 the spouses may, in an agreement on the consequences of the divorce, agree not to divide the assets equally or not to divide them at all if there are sufficient retirement pension and invalidity pension funds otherwise.2 the court may award the entitled spouse less than half of the termination benefits or rule that they should not be divided if good cause exists. good cause exists above all when equal division would be unreasonable:1. in view of the division of marital property or the economic circumstances following divorce;2. in view of the pension requirements, in particular with regard to the difference in age between the spouses. 3 the court may award the entitled spouse more than half of the termination benefits if he or she cares for joint children following the divorce and the liable spouse continues to have sufficient retirement and invalidity pension assets.179 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).vi. offset of mutual entitlements art. 124c180 1 the spouses' mutual entitlements to termination benefits or a share of a pension are offset. the pension entitlement is offset before the share of the pension awarded to the entitled spouse is converted into a life-long pension.2 termination benefits may only be offset against a share of a pension if the spouses and the occupational pension institutions agree.180 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).vii. unreasonableness art. 124d181 if, having considered the pension requirements of both spouses, an equitable division of occupational pension assets is unreasonable, the liable spouse shall owe the entitled spouse a lump sum payment.181 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).viii. impossibility art. 124e182 1 if the equitable division of pension fund assets is not possible, the liable spouse shall owe the entitled spouse adequate compensation in the form of a lump sum payment or as a pension.2 a swiss judgment may be amended at the request of the liable spouse if pension entitlements existing abroad have been offset by adequate compensation pursuant to paragraph 1 and such pension entitlements are then divided up in a foreign decision that is binding on the foreign party liable to pay pension contributions.182 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).e. post-marital maintenance i. requirements art. 125 1 if a spouse cannot reasonably be expected to provide for his or her own maintenance, including an appropriate level of retirement provision, the other spouse must pay a suitable contribution.2 in deciding whether such a contribution is to be made and, if so, in what amount and for how long, the following factors in particular must be considered:1. the division of duties during the marriage;2. the duration of the marriage;3. the standard of living during the marriage;4. the age and health of the spouses;5. the income and assets of the spouses;6. the extent and duration of child care still required of the spouses;7. the vocational training and career prospects of the spouses and the likely cost of reintegration into working life;8. expectancy of federal old age and survivor's insurance benefits and of occupational or other private or state pensions, including the expected proceeds of any division of withdrawal benefits.3 exceptionally, a maintenance contribution may be denied or reduced if it would clearly be inequitable, particularly because the spouse otherwise entitled to receive such contribution:1. has grossly neglected his or her duty to contribute to the maintenance of the family;2. has wilfully brought about his or her own indigence;3. has committed a serious criminal offence against the other spouse or a person close to him or her.ii. modalities of maintenance contributions art. 126 1 the court shall fix an amount to be paid periodically by way of maintenance contribution and set the date on which the duty of maintenance commences.2 where justified in specific circumstances, a lump sum settlement may be ordered instead of regular payments.3 the court may attach conditions to the maintenance contribution.iii. regular payments 1. special terms art. 127 the spouses may wholly or in part exclude any alteration of the regular maintenance payments stipulated in the agreement.2. adjustment for inflation art. 128 the court may direct that the maintenance contribution will automatically increase or decrease depending on specified changes in the cost of living.3. adjustment by court order art. 129 1 in the event of a substantial and enduring change in circumstances, the periodic maintenance payments may be reduced, cancelled or suspended for a certain time; an improvement in the circumstances of the party entitled to maintenance may be taken into account only if the payments stipulated in the divorce decree provided sufficient maintenance.2 the party entitled to maintenance may request that the payments be adjusted in line with future inflation if the income of the other party has increased unexpectedly since the divorce.3 within five years of the divorce, the party entitled to maintenance may request that payments be ordered or increased provided the divorce decree states that it was not possible at that time to order sufficient maintenance payments and provided the economic circumstances of the party obliged to pay maintenance have since improved.4. expiry by law art. 130 1 the duty to pay maintenance expires on the death of either the receiving party or the paying party.2 unless otherwise agreed, it likewise expires on the remarriage of the party entitled to receive maintenance.iv. enforcement 1. enforcement assistance art. 131183 1 where the liable party fails to pay maintenance, an official agency designated by cantonal law shall on request, in an appropriate way and usually without charge, assist the party entitled to maintenance to enforce his or her claims.2 the federal council determines the terms of enforcement assistance.183 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).2. advance payments art. 131a184 1 public law may provide for advance payments to be made should the liable person fail to make the necessary maintenance payments.2 if the state authority makes maintenance payments to the entitled person, the maintenance entitlement with all rights is assigned to the state authority.184 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).3. directions to debtors and posting security185 185 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).art. 132 1 if the party obliged to pay maintenance fails to do so, the court may order his debtors to make payment in whole or in part to the party entitled to maintenance.2 if the party obliged to pay maintenance persistently fails to do so, or if there are grounds to suspect that said party is preparing to abscond or is dissipating or concealing his assets, the court may order him to post appropriate security for future maintenance contributions.f. children i. parental rights and obligations art. 133186 1 the court regulates parental rights and obligations in accordance with the provisions on the legal effects of the parent-child relationship. in particular it regulates:1. parental responsibility;2. residence;3. contact (art. 273) or the sharing of parenting duties; and4. child maintenance contributions.2 it shall consider all circumstances important to the child's best interests. it shall take account of a joint proposal by the parents and, if feasible, the opinion of the child.3 it may order that the child maintenance contribution continue to be paid after the child reaches the age of majority.186 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).ii. change of circumstances art. 134 1 at the request of either parent, the child or the child protection authority, new arrangements for parental responsibility shall be made by the child protection authority provided this is in the child's best interests due to a substantial change in circumstances.2 the requirements for the modification of other parental rights and -obligations are governed by the provisions on the effects of the parent-child relationship.1873 if the parents agree, the child protection authority reassesses parental responsibility, residence and approves a child support agreement. in the other cases, the court competent to modify the divorce decree decides.1884 if the court is required to decide on the modification of parental responsibility, residence or the child maintenance contribution for a minor child, it shall if necessary also reassess contact or sharing of parenting duties; in the other cases, the child protection authority shall decide on the modification of contact or sharing of parenting duties.189187 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).188 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).189 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 135-149190 190 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).art. 150-158 repealedtitle five:191 general effects of marriage 191 amendment of title five in accordance with no i 1 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191). see also art. 8-8b of the final title below.a. marital union; rights and duties of spouses art. 159 1 the wedding ceremony binds the spouses in marital union.2 they mutually undertake to strive to safeguard the interests of the marital union and to care jointly for the children.3 they owe each other loyalty and support.b. surname art. 160192 1 each spouse retains his or her surname.2 however, the prospective spouses may declare to the civil registrar that they wish bear the surname of the bride or the groom as the family surname.3 if the prospective spouses retain their surnames, they decide which of the surnames their children will bear. in justified cases, the civil registrar may relieve the prospective spouses of this obligation.192 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).c. cantonal and communal citizenship art. 161193 each spouse retains his or her cantonal and communal citizenship.193 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).d. marital home art. 162 the spouses jointly decide where to establish the marital home.e. maintenance of the family i. in general art. 163 1 the spouses jointly provide for the proper maintenance of the family, each according to his or her ability.2 they agree on the contributions each of them will make, notably by providing money, looking after the household, caring for the children or supporting the other's career or business.3 in so doing they take due account of the needs of the marital union and of their own personal circumstances.ii. allowance for personal use art. 164 1 a spouse who looks after the household, cares for the children or supports the career or business of the other spouse is entitled to receive from the latter a reasonable allowance for his or her own personal use.2 when determining said allowance, account must be taken of the personal resources of the receiving spouse and the need to provide conscientiously for the family, career and business.iii. extraordinary contributions by one spouse art. 165 1 where the contribution made by one spouse to the other's career or business is significantly greater than required in the light of the latter's contribution to the maintenance of the family, he or she is entitled to reasonable compensation.2 the same applies if a spouse has contributed significantly more of his or her own income or assets to the maintenance of the family than he or she was obliged to contribute.3 however, a spouse is not entitled to compensation if such extraordinary contribution was made under a work, loan or partnership agreement or on the basis of some other legal relationship.f. representation of the marital union art. 166 1 while living together under the same roof, both spouses represent the marital union with regard to the day-to-day needs of the family.2 a spouse may represent the marital union with regard to the other needs of the family only if:1. authorised so to do by the other spouse or by court order;2. the interests of the marital union brook no delay and the other spouse is unable to consent due to illness, absence or other similar reasons.3 each spouse is personally liable for his or her own actions and, to the extent that these do not exceed his or her powers of representation in a manner apparent to third parties, also renders the other spouse jointly and severally liable for such actions.g. spouses' career or business art. 167 in the choice and pursuit of his or her career or business, each spouse must have due regard to the other and to the welfare of the marital union.h. transactions by the spouses i. in general art. 168 each spouse may enter into transactions with the other or with third parties unless the law provides otherwise.ii. family home art. 169 1 a spouse may terminate a tenancy agreement, alienate the family home or limit the rights in respect of the family home by other transactions only with the express consent of the other.2 if the spouse cannot obtain such consent or it is withheld without good cause, he or she may petition the court.j. duty to inform art. 170 1 each spouse has the right to demand information from the other concerning his or her income, assets and debts.2 at the request of one spouse, the court may order the other spouse or a third party to furnish the information required and to produce the necessary documents.3 this does not apply to any information held by lawyers, solicitors, doctors, clergy and their auxiliary staff which is subject to professional confidentiality.k. protection of the marital union i. counselling agencies art. 171 the cantons must ensure that spouses experiencing marital problems may seek help individually or jointly from marriage guidance or family counselling agencies.ii. court measures 1. in general art. 172 1 if a spouse fails to fulfil his or her duties to the family or if the spouses disagree on matters of importance to the marital union, they may apply jointly or separately to the court for mediation.2 the court reminds the spouses of their duties and attempts to settle their differences; if the spouses consent, experts may be consulted or they may be referred to a marriage guidance or family counselling agency.3 if necessary, at the request of one spouse the court will take the steps envisaged by law. the provision governing the protection of the person from violence, threats or harassment applies mutatis mutandis.194194 second sentence inserted by no i of the fa of 23 june 2006 (protection of the personality against violence, threats or harassment), in force since 1 july 2007 (as 2007 137; bbl 2005 6871 6897).2. while living together a. financial contributions art. 173 1 at the request of one spouse, the court determines the amounts to be paid for the maintenance of the family.2 likewise, at the request of one spouse, it determines the allowance payable to the spouse who looks after the household, cares for the children or supports the other's career or business.3 payments may be claimed for the future and for one year preceding the request.b. revocation of powers of representation art. 174 1 if a spouse exceeds his or her power to represent the marital union or proves incapable of exercising it, at the other spouse's request the court may revoke such power in whole or in part.2 the spouse making such request may inform third parties of the revocation only by communications in person.3 the revocation is effective towards third parties acting in good faith only if it has been made public by order of the court.3. suspension of joint household a. grounds art. 175 a spouse is entitled to suspend the joint household for as long as his or her personality rights or financial security or the welfare of the family are seriously endangered by living together.b. arrangements for living apart art. 176 1 if the suspension of the joint household is justified, at the request of one spouse the court will:1.195 determine the maintenance paid to any children and the other spouse; 2. issue directions on the use of the home and the household effects;3. order a separation of property where justified in the circumstances.2 a spouse may also make such request if living together is impossible, in particular because the other spouse refuses to do so without good cause.3 if the spouses have minor children, the court must take the necessary steps in accordance with the provisions governing the legal effects of the parent-child relationship.196195 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).196 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).4. enforcement a. enforcement assistance and advance payments art. 176a197 the provisions governing enforcement assistance and advance payments on divorce and consequent to the parent-child relationship apply.197 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).b. directions to debtors198 198 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).art. 177 if a spouse fails to fulfil his or her duty to maintain the family, the court may order his or her debtors to make payment in full or in part to the other spouse.5. restriction of power to dispose of assets art. 178 1 to the extent required to ensure the family's financial security or fulfilment of a financial obligation arising from the marital union, at the request of one spouse the court may make the power to dispose of certain assets conditional on its consent.2 the court orders the appropriate protective measures.3 if it prohibits a spouse from disposing of land it must have a note to this effect recorded in the land register.6. change of circumstances199 199 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 179200 1 if there is a change in circumstances, at the request of either spouse the court shall modify the measures or revoke the same if they are no longer justified. the provisions on a change of circumstances in divorce cases apply mutatis mutandis.2012 if the spouses resume living together, the measures ordered in connection with living apart lapse, with the exception of the separation of property and the child protection measures.200 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).201 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 180202 repealed202 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).title six:203 marital property law 203 amended of title six in accordance with no i 1 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191). see also art. 9-11a of the final title below.chapter one: general provisions a. ordinary property regime art. 181 spouses are subject to the provisions governing participation in acquired property provided they have not agreed otherwise in a marital agreement and provided no extraordinary marital property regime has come into effect.b. marital agreement i. choice of regime art. 182 1 a marital agreement may be concluded before or after the wedding.2 the prospective spouses or the spouses may choose, set aside or modify their marital property regime only within the limits of the law.ii. capacity to enter into an agreement art. 183 1 a person wishing to enter into a marital agreement must have capacity of judgement.2 minors, or adults subject to a deputyship that covers the conclusion of a marital agreement require the consent of their legal representative.204204 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).iii. form of the agreement art. 184 the marital agreement must be executed as a public deed and signed by the parties and, where applicable, by the legal representative.c. extraordinary property regime i. at the request of one spouse 1. by court order art. 185 1 at the request of one spouse, the court shall order a separation of property where there is good cause to do so.2 in particular, good cause exists:1. if the other spouse is overindebted or his or her share of the common property has been distrained;2. if the other spouse is endangering the interests of the applicant or of the marital union;3. if the other spouse unreasonably withholds the consent required for the disposal of common property;4. if the other spouse refuses to provide the applicant with information concerning his or her income, assets and debts or concerning common property;5. if the other spouse permanently lacks capacity of judgement.3 where a spouse permanently lacks capacity of judgement, his or her legal representative may likewise request separation of property for this reason.2. . art. 186205 205 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).3. revocation art. 187 1 the spouses may at any time reinstate their previous marital property regime or implement a new one by marital agreement.2 if the reason for the separation of property no longer exists, at the request of one spouse the court may direct that the previous marital property regime be reinstated.ii. in the event of bankruptcy or distraint 1. bankruptcy art. 188 if a spouse living under the community of property regime is declared bankrupt, separation of property takes effect ex officio.2. distraint a. by court order art. 189 if a spouse living under the community of property regime is pursued for a personal debt and his or her share of the common property is distrained, the debt enforcement supervisory authority may request that the court order a separation of property.b. request206 206 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).art. 190 1 the request is directed against both spouses.2 .207207 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).3. revocation art. 191 1 if the creditors have been satisfied, at the request of one spouse the court may order the restoration of the community of property regime.2 by marital agreement, the spouses may opt for the participation in acquired property regime.iii. liquidation of the previous marital property regime art. 192 whenever the separation of property regime comes into effect, the liquidation of the previous regime is governed by the provisions applicable to the latter, unless the law provides otherwise.d. protection of creditors art. 193 1 the establishment, variation or liquidation of a marital property regime may not have the effect of releasing an asset with which one of the spouses or the marital union had hitherto been liable to creditors from such liability.2 if such an asset has been transferred to the other spouse, the latter must pay the debt but may be released from such liability to the extent that he or she may prove that the asset received is worth less than the debt.e. . art. 194208 208 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).f. management of one spouse's assets by the other art. 195 1 where one spouse expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed.2 the provisions governing settlement of debts between spouses are reserved.g. inventory art. 195a 1 each spouse may at any time require the other's cooperation in drawing up an inventory of their joint assets in the form of a public deed.2 such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.chapter two: statutory marital property regime of participation in acquired property a. ownership i. categories art. 196 the marital property regime of participation in acquired property comprises the property acquired during the marriage and the individual property of each spouse.ii. acquired property art. 197 1 acquired property comprises those assets which a spouse has acquired for valuable consideration during the marital property regime.2 in particular, the acquired property of a spouse comprises:1. the proceeds from his or her employment;2. benefits received from staff welfare schemes, social security and social welfare institutions;3. compensation for inability to work;4. income derived from his or her own property;5. property acquired to replace acquired property.iii. individual property 1. by operation of law art. 198 by operation of law, a spouse's individual property comprises:1. personal effects used exclusively by that spouse;2. assets belonging to one spouse at the beginning of the marital property regime or acquired later at no cost by inheritance or otherwise;3. claims for satisfaction;4. acquisitions that replace individual property.2. by marital agreement art. 199 1 under a marital agreement, spouses may declare acquired property to be individual property set aside for professional or business use.2 furthermore, spouses may stipulate in a marital agreement that income from individual property does not qualify as acquired property.iv. proof art. 200 1 any person who asserts that a specific object or asset is owned by one or other spouse bears the burden of proof.2 if no such proof may be adduced, the object or asset is presumed to be in the co-ownership of both spouses.3 until proven otherwise, all assets of a spouse are deemed to be acquired property.b. management, benefits and power of disposal art. 201 1 within the limits of the law, each spouse administers and enjoys the benefits of his or her individual property and has power of disposal over it.2 if an asset is in the co-ownership of both spouses, neither spouse may dispose of his or her share in it without the other's consent, unless otherwise agreed.c. liability toward third parties art. 202 each spouse is liable for his or her debts with all his or her property.d. debts between spouses art. 203 1 the marital property regime does not affect the maturity of debts contracted between spouses.2 however, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request a time limit within which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.e. dissolution of the property regime and liquidation i. time of dissolution art. 204 1 the marital property regime is dissolved on the death of a spouse or on implementation of a different regime.2 in the case of divorce, separation, annulment of the marriage or a court order for separation of property, the dissolution of the marital property regime takes retroactive effect as of the date on which the application was filed.ii. taking back property and settling debts 1. in general art. 205 1 each spouse shall take back any of his or her property that is in the other's possession.2 where one spouse shows an overriding interest in gaining sole possession of an object or asset in co-ownership, and notwithstanding any other legal measures available, he or she may request that said object or asset be allocated to him or her in return for compensation.3 the spouses settle their debts to each other.2. participation in increased value art. 206 1 where a spouse has contributed to the acquisition, improvement or preservation of an asset belonging to the other without receiving equivalent compensation, and where at the time of the liquidation that asset has increased in value, then his or her claim corresponds to his or her proportionate contribution and is calculated according to the current value of the asset; if, conversely, the asset has decreased in value, his or her claim corresponds to the original contribution.2 if such an asset had already been alienated beforehand, the claim is calculated according to the proceeds obtained and is due immediately.3 by written agreement, spouses may exclude participation in the increased value or vary the proportion thereof.iii. calculating the surplus for each spouse 1. separation of acquired property and individual property art. 207 1 the property acquired during marriage and the individual property of each spouse are separated according to their value at the time of the dissolution of the marital property regime.2 lump sum pension or invalidity benefits received by a spouse are added to his or her individual property in an amount equivalent to the present value of the pension or invalidity annuity to which he or she would be entitled on dissolution of the marital property regime.2. additions art. 208 1 the following are added to the property acquired during marriage:1. the value of dispositions made without consideration by one spouse without the other's consent during the five years preceding the dissolution of the marital property regime, save for the usual occasional gifts;2. the value of assets disposed of by one spouse during the marital property regime with the intention of diminishing the other's share.2 .209209 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).3. compensation operations between acquired property and individual property art. 209 1 where debts incurred in connection with acquired property have been paid out of individual property or where debts incurred in connection with individual property have been paid out of acquired property, there is a claim for compensation when the marital property regime is liquidated.2 a debt encumbers the property in relation to which it was incurred, and in the event of doubt, it encumbers the acquired property.3 if assets belonging to one category of property have contributed to the acquisition, improvement or preservation of assets belonging to the other and if the value of the latter has increased or diminished, the claim for compensation corresponds to the proportionate contribution made and is calculated according to the value of the assets at the time of the liquidation or their disposal.4. surplus art. 210 1 the remaining total value of the acquired property, including the assets added in and claims for compensation, and after deduction of the debts encumbering the acquired property, constitutes the surplus.2 a deficit is disregarded.iv. valuation 1. market value art. 211 for the purpose of liquidating the marital property regime, assets are stated at their market value.2. capitalised value a. in general art. 212 1 an agricultural enterprise which one spouse continues to operate as owner or in respect of which the surviving spouse or one of the issue makes a justified claim for undivided allocation is stated at its capitalised value when calculating the proportionate added value and the claim for participation.2 the owner of the agricultural enterprise or his or her heirs may bring a claim against the other spouse for proportionate added value or participation only in the amount they would receive if the business were stated at its market value.3 the inheritance law provisions governing valuation and the participation of co-heirs in the profit apply mutatis mutandis.b. special circumstances art. 213 1 the allocation value may be increased by a suitable amount if justified by special circumstances.2 special circumstances include in particular the maintenance requirements of the surviving spouse, the purchase price of the agricultural enterprise including capital investments, and the financial circumstances of the spouse to whom the agricultural enterprise belongs.3. defining juncture art. 214 1 for the purpose of valuing the acquired property at hand at the time of the dissolution of the marital property regime, the defining juncture is the time of the division.2 for assets added to the acquired property, the defining juncture is the date on which they were alienated.v. participation in the surplus 1. by law art. 215 1 each spouse or his or her heirs is or are entitled to one-half of the surplus of the other spouse.2 the claims are set off.2. by agreement a. in general art. 216 1 a different participation in the surplus may be agreed by marital agreement.2 such agreements must not adversely affect the statutory inheritance entitlements of children who are not the common issue of the spouses or those of the issue of such children.b. on divorce, separation, annulment of the marriage or separation of property by court order art. 217 in the case of divorce, separation, annulment of marriage or separation of property by court order, agreements varying the statutory participation in the surplus are valid only if the marital property agreement expressly so provides.vi. payment of the participation claim and the share of the increased value 1. deferred payment art. 218 1 if immediate payment of the participation claim and the share of the increased value would cause serious difficulties for the debtor, he or she may request a deferral.2 unless otherwise agreed by the spouses, the participation claim and the share of the increased value bear interest as of completion of the division of property and, where justified in the circumstances, security must be furnished.2. home and household effects art. 219 1 to ensure that the surviving spouse may maintain his or her accustomed lifestyle, at his or her request he or she will be granted a usufruct of or a right of residence in the home in which the spouses lived and which belonged to the deceased spouse, and this will be set off against his or her entitlement, subject to any contrary provision in the marital agreement.2 on the same conditions, he or she may request that ownership of the household effects be transferred to him or her.3 where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, ownership of the home may be granted rather than a usufruct or right of residence.4 the surviving spouse may not claim such rights in respect of premises in which the deceased practised a profession or ran a business and which are required by one of his or her issue in order to continue said profession or business, subject to the provisions of agricultural inheritance law.3. claims against third parties art. 220 1 if the assets of the debtor or his or her estate are insufficient to cover the participation claim on division of the property, the entitled spouse or his or her heirs may demand from third-party beneficiaries the return of such dispositions as are to be added to the acquired property up to the amount of the shortfall.2 the right to bring a claim is extinguished one year after the spouse or his or her heirs learn of the infringement of their rights, but in any event ten years after the dissolution of the marital property regime.3 moreover, the provisions governing claims in abatement under inheritance law apply mutatis mutandis.210210 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).chapter three: community of property a. ownership i. categories art. 221 the marital property regime of community of property comprises the common property and the individual property of each spouse.ii. common property 1. general community of property art. 222 1 the general community of property combines the assets and income of the spouses into common property, with the exception of those assets which by law constitute individual property.2 the common property belongs to both spouses jointly.3 neither spouse is entitled to dispose of his or her share of the common property.2. limited community of property a. community restricted to acquired property art. 223 1 by marital agreement, the spouses may restrict community of property to the property acquired during marriage.2 revenue from individual property becomes common property.b. further community of property regimes art. 224 1 by marital agreement, the spouses may exclude from the community of property specific assets or types of assets, such as land, a spouse's income from work or assets used to practise a profession or run a business.2 unless otherwise agreed, income from such assets does not become common property.iii. individual property art. 225 1 individual property may be created by marital agreement, dispositions by third parties or by law.2 by law, items for the exclusive personal use of a spouse and claims for satisfaction constitute individual property.3 a spouse's statutory inheritance entitlement may not pass to him or her from his or her relatives as individual property where the marital agreement provides that such assets are common property.iv. proof art. 226 all assets are presumed to be common property unless proven to be the individual property of a spouse.b. management and power of disposal i. common property 1. everyday housekeeping art. 227 1 the spouses must manage the common property in the best interests of the marital union.2 within the limits of everyday housekeeping, each spouse may incur commitments on behalf of the marital union and dispose of common property.2. extraordinary housekeeping art. 228 1 outside the limits of everyday housekeeping, the spouses may incur commitments on behalf of the common property and dispose thereof only jointly or individually with the other's consent.2 third parties are entitled to presume such consent provided they do not know or cannot be expected to know that it is absent.3 the provisions governing representation of the marital union are reserved.3. use of common property for professional or business purposes art. 229 if a spouse practises a profession or runs a business on his or her own using common property with the other's consent, he or she may conclude all transactions that such activities entail.4. renunciation and acceptance of inheritances art. 230 1 without the other's consent, a spouse is not entitled to renounce an inheritance which would become common property or accept inheritance of an overindebted estate.2 if the spouse is unable to obtain consent or if it is withheld without good cause, he or she may petition the court.211211 amended by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).5. liability and management costs art. 231 1 in relation to dealings concerning common property, on dissolution of the marital property regime, each spouse is liable as if he or she were an agent.2 the costs of management are borne by the common property.ii. individual property art. 232 1 each spouse administers and disposes of his or her individual property within the limits of the law.2 if income accrues to individual property, the management costs are borne by such property.c. liability toward third parties i. full liability art. 233 each spouse is liable with his or her individual property and the common property:1. for debts incurred in exercising his or her powers to represent the marital union or in managing the common property;2. for debts incurred in the pursuit of a profession or business, provided common property has been used for this or the income therefrom becomes common property;3. for debts for which the other spouse is also personally liable;4. for debts in respect of which the spouses have agreed with third parties that their common property as well as the debtor's individual property will be liable.ii. individual liability art. 234 1 for all other debts a spouse is liable only to the extent of his or her individual property and half the value of the common property.2 claims arising from the unjust enrichment of the marital union are reserved.d. debts between spouses art. 235 1 the marital property regime does not affect the maturity of debts contracted between spouses.2 however, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request to be granted a time limit in which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.e. dissolution of the property regime and liquidation i. time of dissolution art. 236 1 the marital property regime is dissolved on the death of a spouse, the implementation of a different regime or when one of the spouses is declared bankrupt.2 in the case of divorce, separation, annulment of the marriage or a court order for separation of property, the dissolution of the marital property regime takes retroactive effect as of the date on which the application was filed.3 when determining the composition of common property and individual property, the defining juncture is the dissolution of the marital property regime.ii. allocation to individual property art. 237 lump sum pension or invalidity benefits received by a spouse that have become common property are added to his or her individual property in the capitalised amount equivalent to the pension or invalidity annuity to which he or she would be entitled on dissolution of the marital property regime.iii. compensation operations between joint and individual property art. 238 1 where debts encumbering one category of property were paid out of assets belonging to the other, respective compensation claims between the common property and the individual property of each spouse arise on the dissolution of the marital property regime.2 a debt encumbers the property in relation to which it was incurred, but in the case of doubt it encumbers the common property.iv. participation in increased value art. 239 where the individual property of a spouse or the common property has contributed to the acquisition, improvement or preservation of an asset belonging to another category of property, the provisions governing increased value in relation to participation in acquired property apply mutatis mutandis.v. valuation art. 240 for the purpose of valuing the common property at hand at the time of the dissolution of the marital property regime, the defining juncture is the time of the division.vi. division 1. on death or implementation of a different marital property regime art. 241 1 if the community of property regime is dissolved by the death of a spouse or the implementation of a different marital property regime, each party or his or her heirs is entitled to one-half of the common property.2 a different method of division may be agreed by marital agreement.3 such agreements must not adversely affect the statutory inheritance entitlements of the spouse's issue.2. in other cases art. 242 1 on divorce, separation, annulment of the marriage or separation of property by law or court order, each spouse shall take back from the common property such property as would have been his or her individual property under the participation in acquired property regime.2 the remaining common property is divided equally between the spouses.3 agreements to vary the statutory method of division are valid only if the marital agreement expressly so provides.vii. division of the property 1. individual property art. 243 if the community of property is dissolved by the death of a spouse, the surviving spouse may request that such property as would have been his or her individual property under the participation in acquired property regime be allocated to him or her and count toward his or her share of the estate.2. home and household effects art. 244 1 if the home in which the spouses lived or any household effects belong to the common property, the surviving spouse may request that such property be allocated to him or her and count toward his or her share of the estate.2 where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, a usufruct or right of residence may be granted in lieu of ownership.3 if the community of property is not dissolved by death, each spouse may make such requests where he or she may show an overriding interest.3. other assets art. 245 if a spouse demonstrates an overriding interest, he or she may also demand that other assets be allocated to him or her and count toward his or her share.4. further provisions art. 246 in other respects the provisions governing the division of property in co-ownership and the division of estates apply mutatis mutandis.chapter four: separation of property a. management, benefits and power of disposal i. in general art. 247 within the limits of the law, each spouse shall administer and enjoy the benefits of his or her own property and has power of disposal over it.ii. proof art. 248 1 any person who asserts that a specific object or asset is owned by one or other spouse bears the burden of proof.2 if no such proof may be adduced, there is a presumption of co-ownership.b. liability toward third parties art. 249 each spouse is liable for his or her debts with all his or her property.c. debts between spouses art. 250 1 the marital property regime does not affect the maturity of debts contracted between spouses.2 however, if payment of debts or the restitution of objects owed by a spouse would cause him or her serious difficulties which might endanger the marital union, such spouse may request to be granted a time limit in which to satisfy the claim; the claim is to be secured where reasonable in the circumstances.d. allocation of property in co-ownership art. 251 where one spouse shows an overriding interest in gaining sole possession of an object or asset in co-ownership, and notwithstanding any other legal measures available, he or she may request that said object or asset be allocated to him or her in return for compensation.division two: kinship title seven: formation of the parent-child relationship212 212 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).chapter one: general provisions213 213 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).a. formation of parent-child relationship in general art. 252214 1 the parent-child relationship is formed between child and mother on the birth of the child.2 it is formed between child and father by virtue of the latter being married to the mother, by recognition or by court declaration.3 moreover, the parent-child relationship is formed by adoption.214 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).b. . art. 253215 215 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).art. 254216 216 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).chapter two: paternity of the husband217 217 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).a. presumption art. 255218 1 where a child is born in wedlock, the husband is deemed to be the father.2 if the husband dies, he is deemed to be the father provided the child is born within 300 days of his death or, if born thereafter, if it is shown that the child was conceived before the husband's death.3 if the husband has been declared presumed dead, he is deemed to have been the father provided the child is born within 300 days of the life-threatening event or the last sign of life.218 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).b. challenge i. right to challenge art. 256219 1 the presumption of paternity may be challenged in court:1. by the husband;2.220 by the child if the spouses cease living together while the child is still a minor.2 the husband's challenge is directed against the child and the mother, that of the child against the husband and the mother.3 the husband has no right of challenge if he consented to impregnation by a third party. the child's right to challenge paternity is subject to the reproductive medicine act of 18 december 1998221.222219 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).220 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).221 sr 810.11222 amended by art. 39 of the federal act on medically assisted reproduction of 18 dec. 1998, in force since 1 jan. 2001 (as 2000 3055; bbl 1996 iii 205).ii. grounds for challenge 1. in the case of conception in wedlock art. 256a223 1 if a child was conceived in wedlock, the challenging party must show that the husband is not the father.2 the child is presumed to have been conceived in wedlock if it was born no earlier than 180 days after the wedding and no later than 300 days after the marriage was dissolved as a result of death.224223 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).224 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).2. in the case of conception before marriage or while spouses were living apart art. 256b225 1 if a child was conceived before the marriage was concluded or at a time when the spouses were living apart, no further grounds need be given for the challenge.2 however, in such cases the paternity of the husband is still presumed where the court is satisfied that he had sexual intercourse with the mother around the date of the conception.225 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iii. time limits art. 256c226 1 the husband must file the challenge within one year of learning of the birth and of the fact that he is not the father or that another man had sexual intercourse with the mother around the date of the conception, but in any event not later than five years after the birth.2 the child's challenge must be filed at the latest within one year of attaining the age of majority.2273 once these time limits have expired, a challenge of paternity is admissible provided there is good cause for the delay.226 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).227 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).c. conflict of presumptions art. 257228 1 where a child was born within 300 days of the dissolution of the marriage as a result of death and the mother has since remarried, the second husband is deemed to be the father.2292 if this presumption is disproved, the first husband is deemed to be the father.228 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).229 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).d. challenge by the parents art. 258230 1 if the husband died or lost capacity of judgement before the time limit expired, his father or his mother may challenge his paternity.2 in this case the provisions governing a challenge by the husband apply mutatis mutandis.3 the one-year time limit for bringing the claim begins at the earliest on the date on which the father or mother learns of the husband's death or loss of capacity of judgement.230 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).e. marriage of the parents art. 259231 1 if the parents marry each other, the provisions governing children born in wedlock apply mutatis mutandis to a child born prior to the marriage, providing the paternity of the husband is established by recognition or court declaration.2 recognition may be challenged:1. by the mother;2.232 by the child or, after his or her death, by his or her issue if the spouses ceased living together while the child was still a minor or if recognition did not occur until after the child's twelfth birthday;3. by the husband's commune of origin or residence;4. by the husband.3 the provisions governing challenge of recognition apply mutatis mutandis.231 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).232 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).chapter three: recognition and court declaration of paternity233 233 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).a. recognition i. admissibility and form art. 260234 1 where the parent-child relationship exists only with the mother, the father may recognise the child.2 where the recognising person is a minor or subject to a general deputyship or if the adult protection authority has issued a related order, recognition requires the consent of his or her legal representative.2353 recognition is effected by means of a declaration made before the civil registrar or by testamentary disposition or, if an action to declare paternity is pending, by a declaration made to the court.234 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).235 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).ii. challenge 1. right to challenge art. 260a236 1 recognition may be challenged before the courts by any interested party, namely the mother, the child or, after its death, its issue, and by the commune of origin or domicile of the recognising person.2 the recognising person is entitled to file a challenge only if he or she recognised the child under threat of imminent and substantial risk to his or her own life, limb, reputation or property or to those of a person close to him or her, or in the erroneous belief that he was the father.3 the challenge is directed against the recognising person and the child, insofar as they themselves are not the challenging persons.236 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).2. grounds art. 260b237 1 the challenging person must prove that the recognising person is not the child's father.2 however, mother and child are only required to prove this if the recognising person may satisfy the court that he had sexual intercourse with the mother around the time of the child's conception.237 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).3. time limits art. 260c238 1 the challenge must be filed within one year of the date on which the claimant learned of the recognition and the fact that the recognising person is not the father, or that another man had sexual intercourse with the mother around the time of the conception, or on which he or she learned of his or her error or on which the threat ceased, but in any event within five years of the recognition.2 in all cases, the child may file the challenge at any time prior to the elapse of one year after attaining the age of majority.2393 once these time limits have expired, a challenge of recognition is admissible provided there is good cause for the delay.238 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).239 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. action to determine paternity i. right to bring the action art. 261240 1 both mother and child are entitled to bring an action to declare the existence of the parent-child relationship between the child and the father.2 the action is brought against the father or, if he has died, in order of priority against his issue, parents or siblings or, where none exist, against the competent authority of his last domicile.3 if the father has died, the court must inform his wife that the action has been brought so that she may safeguard her interests.240 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ii. presumption art. 262241 1 if the defendant had sexual intercourse with the mother during the period between the 300th day and the 180th day before the child's birth, his paternity is presumed.2 paternity is also presumed even if the child was conceived prior to the 300th day or after the 180th day prior to birth provided the defendant had sexual intercourse with the mother during the period in which the child was conceived.3 there is no such presumption if the defendant shows that his paternity is either impossible or less probable than that of another man.241 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iii. time limits art. 263242 1 the action is admissible both before and after the birth but must be brought:1. by the mother within one year of the birth;2.243 by the child at any time prior to the elapse of one year after attaining the age of majority.2 if a parent-child relationship already exists with another man, the action may in any event be brought within one year of the date on which said relationship is annulled.3 once these time limits have expired, an action for determination of paternity is admissible provided there is good cause for the delay.242 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).243 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).chapter four:244 adoption 244 originally chapter three.a. adoption of minors i. general requirements art. 264245 1 a minor child may be adopted if the persons wishing to adopt have raised and cared for the child for at least one year and provided the general circumstances suggest that establishing a parent-child relationship would be in the child's best interests without being unfair for any other children of the adoptive parents.2 adoption is only possible, if the persons wishing to adopt the child are able to provide for the child up to the child's majority on the basis of their age and their personal circumstances.245 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).ii. joint adoption art. 264a246 1 spouses may adopt a child jointly if they have been in the same household for at least three years and both are at least 28 years old.2 exceptions from the minimum age may be made if this is necessary for the welfare of the child. the spouses must justify the exception.246 inserted by no i 1 of the fa of 30 june 1972 (as 1972 2819; bbl 1971 i 1200). amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877)iii. adoption by a single person art. 264b247 1 a person who is not married and does not live in a registered partnership is permitted to adopt a child alone if he or she is at least 28 years old.2 a married person who is at least 28 years old is permitted to adopt alone where the other spouse permanently lacks capacity of judgement or has been of unknown whereabouts for more than 2 years or if the spouses have been separated by court order for more than 3 years.3 a person living in a registered partnership who is at least 28 years old is permitted to adopt a child alone if his or her registered partner permanently lacks capacity of judgement or has been of unknown whereabouts for more than 2 years.4 exceptions from the minimum age may be made if this is necessary for the welfare of the child. the person wishing to adopt must justify the exception.247 inserted by no i 1 of the fa of 30 june 1972 (as 1972 2819; bbl 1971 i 1200). amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877)iv. adoption of a stepchild art. 264c248 1 a person is permitted to adopt the child of the person:1. to whom he or she is married;2. with whom he or she lives in a registered partnership;3. with whom he or she cohabits.2 the couple must have been in the same household for at least three years.3 persons who cohabit are not permitted to be married or to be bound by a registered partnership.248 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).v. difference in age art. 264d249 1 the age difference between the child and the persons wishing to adopt may not be less than 16 years and not more than 45 years. 2 exceptions may be made if this is necessary for the welfare of the child. the person wishing to adopt must justify the exception.249 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).vi. consent of the child and the child protection authority art. 265250 1 if the child is capable of judgement, its consent is required for the adoption.2 where the child has a legal guardian or a legal representative, adoption requires the consent of the child protection authority even if the child is capable of judgement.250 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).vii. parents' consent251 251 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).1. form art. 265a252 1 adoption requires the consent of the child's father and mother.2 such consent must be given by oral or written declaration to the child protection authority of the parents' or child's domicile or temporary residence and must be recorded.3 such consent is valid even if the persons wishing to adopt are not named or not yet determined.253252 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).253 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).2. time of consent art. 265b254 1 consent to adoption may not be given until at least six weeks after the birth of the child.2 it may be revoked within six weeks of having been accepted.3 where consent, having been revoked, is given again, it is then final.254 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).3. dispensing with consent a. requirements art. 265c255 the consent of a parent may be dispensed with if the identity of that parent is unknown, or if he or she has been of unknown whereabouts for some length of time, or permanently lacks capacity of judgement.255 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).b. decision art. 265d256 1 where the child is entrusted to persons wishing to adopt with a view to subsequent adoption and the consent of one parent is not forthcoming, the child protection authority at the child's domicile shall , at the request of the legal guardian or a legal representative, an adoption agency or the persons wishing to adopt, decide whether such consent can be dispensed with, as a rule before the child is placed in care.2572 in all other cases, the decision is made at the time of the adoption.3 .258256 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).257 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).258 repealed by no i of the fa of 17 june 2016 (adoption), with effect from 1 jan. 2018 (as 2017 3699; bbl 2015 877).b. adoption of an adult art. 266259 1 an adult may be adopted if:1. he or she is permanently in need of help for physical, mental or psychological reasons and the persons wishing to adopt have looked after him or her for at least one year;2. the persons wishing to adopt raised and cared for the person for at least one year while he or she was still a minor; or3. there are other good reasons and he or she has lived in the same household with the persons wishing to adopt for at least one year. 2 in all other respects, the provisions governing adoption of minors apply mutatis mutandis, with the exception of the provision on parental consent.259 amended by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).c. effects i. in general art. 267260 1 the adoptive child acquires the legal status of a child of the persons wishing to adopt. 2 previous parent-child relationships are extinguished.3 the child's relationship with the parent who:1. is married to;2. lives in a registered partnership with;3. cohabits with;the adopting person is not extinguished.260 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ii. name art. 267a261 1 in the case of joint adoption and adoption by a single person, the minor may be given a new first name if there are good reasons for doing so. prior to this, the child is heard in person in an appropriate manner by the competent authority or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or for other good cause. if the child is at least twelve years of age, a change of name requires his or her consent.2 the name of the child is determined in accordance with the provisions governing the legal effects of the parent-child relationship. these apply mutatis mutandis to the adoption of the child by the registered partner of its mother or father.3 the competent authority may authorise an adult to be adopted to continue using his or her existing name if there are good reasons for doing so.4 the change of name of an adult to be adopted does not affect the naming of persons whose name is derived from the previous name of the person to be adopted, unless they expressly agree to a change of name.261 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200). amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581)iii. citizenship art. 267b262 the citizenship of a minor is determined by provisions governing the legal effects of the parent-child relationship.262 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).d. procedure i. in general art. 268263 1 adoption is pronounced by the competent cantonal authority at the adoptive parents' domicile.2 the adoption requirements must already be met when the application is submitted.2643 once the application has been submitted, the death or loss of capacity of judgement of the person wishing to adopt does not preclude the adoption provided the other requirements are still fulfilled.2654 if the child attains the age of majority after the application for adoption has been submitted, the provisions governing the adoption of minors continue to apply provided the requirements for adoption were previously fulfilled.2665 the adoption decision shall contain all the information required for entry in the civil register relating to the first name, surname and citizenship of the adopted person.267263 amended by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).264 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).265 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).266 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).267 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).ii. investigation art. 268a268 1 an application for adoption may not be upheld until all material circumstances have been thoroughly investigated, where necessary in consultation with the relevant specialists.2 in particular, the investigation must look into the character and health of the persons wishing to adopt and the child, their mutual relationship, their suitability as parents, their financial situation, motives and family circumstances and the history of the child care relationship.2693 .270268 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).269 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).270 repealed by no i of the fa of 17 june 2016 (adoption), with effect from 1 jan. 2018 (as 2017 3699; bbl 2015 877).iii. hearing for the child art. 268abis 271 1 the child shall be heard in person in an appropriate manner by the cantonal authority responsible for the adoption procedure or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or for other good cause.2 minutes shall be kept of the hearing.3 a child capable of judgement may appeal against a decision to refuse a hearing.271 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).iv. representation for the child art. 268ater 272 1 the cantonal authority responsible for the adoption procedure shall order the child to be represented and appoint a person experienced in welfare and legal matters as the child's deputy. 2 if a child with the capacity to consent so requests, a representative must be appointed. 3 the child may challenge the rejection of his or her request by filing an objection.272 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).v. taking account of the attitude of family members art. 268aquater 273 1 where the persons wishing to adopt have issue of their own, the latter's attitude to the adoption must be taken into account. 2 prior to the adoption of an adult, the attitude of following persons must also be taken into account:1. the spouse or registered partner of the person to be adopted;2. the biological parents of the person to be adopted3. the issue of the person to be adopted, unless this is inadvisable due to their age or for other good cause.3 these persons shall, if possible, be notified of the adoption decision.273 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).dbis. confidentiality of adoption information art. 268b274 1 the adopted child and the adoptive parents are entitled to confidentiality of adoption information.2 identifying information about the minor or his or her adoptive parents may only be disclosed to the biological parents if the child is capable of judgement, and the adoptive parents and the child have consented to disclosure.3 identifying information about the adult child may be disclosed to the biological parents and their direct descendants if the child has consented to disclosure.274 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).dter. information on the adoption, the biological parents and their issue art. 268c275 1 the adoptive parents must inform the child of his or her adoption when his or her age or maturity permits.2 a minor is entitled to information about his or her biological parents, provided it is not possible to draw conclusions about their identity. the child shall be given identifying information only if he or she can show an interest worthy of protection. 3 an adult child may at any time request that the personal details of his or her biological parents and further information about them be disclosed to him or her. the adult child may also request that information about the direct descendants of his or her biological parents be disclosed to him or her if the descendants are of age and have consented to the disclosure.275 inserted by annex no 2 of the fa of 22 june 2001 on the hague adoption convention and measures to protect children in respect of inter-country adoption (as 2002 3988; bbl 1999 5795). amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).dquater. cantonal information centre and tracing services art. 268d276 1 information about the biological parents, their direct descendants and the child may be obtained from the cantonal authority responsible for the adoption procedure.2 the authority shall inform the person referred to in the request for information about the request and, where necessary, obtain his or her consent to contact the person requesting information. the authority may delegate these tasks to a specialised tracing service.3 if the person referred to in the request for information refuses to make personal contact, the authority or the authorised tracing service shall inform the person requesting information and draw his or her attention to the personal rights of the person referred to in the request for information.4 the cantons shall designate a body to provide advice to the biological parents, their direct descendants or the child on request.276 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).dquinquies. contact with the biological parents art. 268e277 1 the adoptive parents and the biological parents may agree that the biological parents be entitled to reasonable contact with the minor. this agreement and any amendments thereto shall be submitted to the child protection authority at the child's place of residence for approval. the child protection authority or a third party appointed by it shall hear the child in person in an appropriate manner before the decision is taken, unless this is inadvisable due to the child's age or for other good cause. if the child is capable of judgement, its consent is required for the agreement.2 if the best interests of the child are at risk or if there is disagreement about the implementation of the agreement, the child protection authority shall decide.3 the child may refuse contact with its biological parents at any time. the adoptive parents may not pass on information to the biological parents against the child's will.277 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).e. challenge i. grounds 1. lack of consent art. 269278 1 where for no just cause consent has not been obtained, those persons whose consent is required may bring an action to challenge the adoption providing this does not seriously impair the interests of the child.2 however, the parents are not entitled to bring such action where they may appeal against the decision to the federal supreme court.278 amended by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).2. other defects art. 269a279 1 if the adoption displays other grave defects, it may be challenged by any interested party and in particular by the commune of origin or domicile.2 however, a challenge is excluded if the defect has been rectified in the interim or if it relates solely to procedural provisions.279 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).ii. time limits art. 269b280 an action to challenge the adoption must be brought within six months of discovering the grounds for the challenge and in any event within two years of the adoption.280 inserted by no i 1 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).f. adoption agency services art. 269c281 1 the confederation is responsible for supervising child adoption agency activities.2 any person engaging in such activities professionally or in connection with his or her professional activities requires an official licence; this does not apply to agency services rendered by the child protection authority.2823 the federal council enacts the implementing regulations and determines the manner in which the cantonal authorities responsible for placing children in foster care with a view to subsequent adoption are to be involved in assessing fulfilment of the requirements for approval of adoption and in carrying out the necessary supervision.4 .283281 inserted by no i 3 of the fa of 30 june 1972 (as 1972 2819; bbl 1971 i 1200). amended by annex no 2 of the fa of 22 june 2001 on the hague adoption convention and measures to protect children in respect of inter-country adoption, in force since 1 jan. 2003 (as 2002 3988; bbl 1999 5795).282 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).283 repealed by annex no 15 of the federal administrative court law of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).title eight: effects of the parent-child relationship284 284 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).section one: community of parents and children285 285 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).a. family surname i. child of married parents art. 270286 1 where the parents are married to each other but bear different surnames, the child takes the surname that the parents decided would be given to their children when they married.2 within one year of the birth of their first child, the parents may request that the child take the surname of the other parent.3 if the parents bear a joint family name, the child takes that name.286 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).ii. child of unmarried parents art. 270a287 1 if one parent has parental responsibility, the child takes that parent's surname before marriage. if the parents share parental responsibility, they decide which of their surnames before marriage their children should take.2 if joint parental responsibility is established after the birth of the first child, either parent may within a year of its establishment declare before the civil registrar that the child should take the other parent's name before marriage. this declaration applies to all common children, regardless of who is given parental responsibility.3 if neither parent has parental responsibility, the child takes the mother's name before marriage.4 a change in the allocation of parental responsibility has no effect on names. the provisions on changing names are reserved.287 inserted by no i of the fa of 30 sept. 2011 (name and citizenship) (as 2012 2569; bbl 2009 7573 7581). amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).iii. consent of the child art. 270b288 if the child has attained the age of twelve, his or her surname may only be changed if he or she consents.288 inserted by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).b. citizenship art. 271289 1 the child acquires the cantonal and communal citizenship of the parent whose surname the child bears.2 where a child acquires the surname of the other parent while still a minor, the child acquires the cantonal and communal citizenship of that parent.289 amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).c. support and common welfare art. 272290 parents and children owe each other such support, consideration and respect as the good of the family community requires.290 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).d. contact i. parents and children 1. principle art. 273291 1 parents not granted parental responsibility or whose children are not resident with them are entitled to reasonable contact with their minor children, and their children are entitled to contact with them.2922 the child protection authority may remind parents, foster parents or the child of their duties and issue them with instructions where the exercise or failure to exercise contact entitlements is detrimental to the child or where such reminder or direction is required for some other reason.3 contact entitlements must be stipulated if either the father or the mother so requests.291 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).292 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. restrictions art. 274293 1 the father and the mother must refrain from any conduct that impairs the child's relationship with the other parent or makes the task of the person with custody more difficult.2942 where contact with the child is not in its best interests, or the parents breach their duties in the course of such contact or have not cared for the child to any meaningful degree, or other good cause exists, the parents' right of contact with the child may be refused or withdrawn.3 where the parents have consented to the adoption of their child or their consent may be dispensed with, their right of contact with the child is extinguished as soon as the child is placed in foster care with a view to future adoption.293 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).294 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).ii. third parties art. 274a295 1 in extraordinary circumstances, a right of contact with the child may also be granted to other persons and in particular to relatives, to the extent this serves the child's best interests.2 the restrictions on parents' visiting rights apply mutatis mutandis.295 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iii. responsible authorities art. 275296 1 responsibility for orders regulating rights of contact with the child lies with the child protection authority at the child's domicile and with that of his or her place of temporary residence, insofar as the latter has taken or is taking child protection measures.2 if the court regulates parental responsibility, residence or the child maintenance contribution in accordance with the provisions on the divorce and protection of the marital union, it shall also regulate contact.2973 where no orders have yet been issued regulating the father's and mother's contact entitlements, no contact may be had against the will of the person granted parental responsibility or with whom the child resides.296 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).297 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).e. right to information art. 275a298 1 parents who do not exercise parental responsibility should be informed of special events in the child's life and consulted before important decisions affecting its development are taken.2 they are entitled to obtain information concerning the child's condition and development from third parties involved in its care, such as teachers and doctors, in the same manner as the person with parental responsibility.3 the provisions governing responsibility for and limitations on contact with the child apply mutatis mutandis.298 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).section two: parents' duty of maintenance299 299 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).a. general i. object and scope300 300 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).art. 276301 1 maintenance is provided by caring for and raising the child and in the form of monetary payments.302 2 the parents must, each according to their own abilities, provide for the child's maintenance, including the costs of caring for and raising the child, his or her education and measures taken for his or her protection.3033 the parents are released from their duty of maintenance to the extent that the child may reasonably be expected to meet the costs thereof from his or her own earnings or other resources.301 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).302 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).303 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).ii. precedence of maintenance for minors art. 276a304 1 the duty of maintenance towards a minor shall take precedence over other maintenance duties under family law. 2 in justified cases, the court may disregard this rule, in particular in order to prevent any disadvantage to a child entitled to maintenance who is of age.304 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).b. duration art. 277305 1 the parents' duty of maintenance lasts until the child attains the age of majority.3062 if at that juncture the child has not yet had a suitable education, the parents must pay for his or her maintenance, to the extent conscionable in the overall circumstances, until such time as the child can complete a suitable education within the customary timescale.307305 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).306 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).307 amended by no i of the fa of 7 oct. 1994, in force since 1 jan. 1996 (as 1995 1126; bbl 1993 i 1169).c. married parents art. 278308 1 for the duration of their marriage, the parents bear the costs of maintenance in accordance with the provisions of marital law.2 each spouse must give the other all reasonable assistance in discharging the duty to maintain children born prior to the marriage.308 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).d. court action i. right to sue309 309 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).art. 279310 1 the child is entitled to sue the father or the mother or both for maintenance in future and for one year prior to the bringing of such action.2-3 .311310 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).311 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).ii. and iii. . art. 280-284312 312 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).iv. amount of child maintenance contribution 1. parents' contribution art. 285313 1 the child maintenance contribution should correspond to the child's needs and to the parents' financial circumstances and resources; the child's assets and income must be taken into account.2 the child maintenance contribution also serves to ensure that the child is cared for by the parents or by third parties.3 the child maintenance contribution is payable in advance on the dates stipulated by the court.313 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).2. other payments for maintenance of the child art. 285a314 1 family allowance credits paid to the parent required to pay maintenance must be paid in addition to the maintenance. 2 unless the court rules otherwise, any child allowance, social security children's supplement and similar child support benefits to which the parent subject to the duty of maintenance is entitled must be paid in addition to the child maintenance contribution.3 where as a result of old age or invalidity the parent subject to the duty of maintenance subsequently receives social security, children's supplements or similar child support benefits which replace his or her employment income, he or she must pay said benefits to the child; by operation of law, his or her existing child maintenance contribution is automatically reduced by the amount of such new benefits.314 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).v. change of circumstances 1. in general315 315 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).art. 286316 1 the court may order that the child maintenance contribution be automatically increased or decreased in the event of specified changes in the child's needs, the parents' financial resources or the cost of living.2 if circumstances change considerably, at the request of one parent or the child the court will set a new level of child maintenance contribution or revoke it entirely.3 should the child have unforeseen, extraordinary needs the court may order the parents to make a special financial contribution.317316 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).317 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).2. shortfalls art. 286a318 1 if it was previously established in an approved maintenance agreement or a decision that no maintenance contribution could be set to provide due maintenance for the child, and should the circumstances of the parent liable to pay maintenance have since improved substantially, the child is entitled to claim payments that were not met by this parent during the previous five years in which payments were owed to provide due maintenance.2 this claim must be brought within one year of it being known that the circumstances have improved substantially. 3 this claim passes with all rights to the other parent or to the state authority in as far as this parent or the state authority has met the missing share of the due maintenance.318 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).e. maintenance agreements i. regular payments art. 287319 1 maintenance agreements are binding on the child only once they have been approved by the child protection authority.2 child maintenance contributions stipulated in such agreements may be modified, providing such changes have not been excluded with the approval of the child protection authority.3 if the agreement is concluded in court proceedings, such approval must be given by the court.319 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ii. scope of a maintenance agreement art. 287a320 where maintenance contributions are set in a maintenance agreement, the agreement must specify: the income and assets of each parent and each child from which the set amount is calculated;the amount set for each child;the amount required to cover any shortfall in the due maintenance of each child;if and to what extent the maintenance contributions will be adjusted to reflect changes in living costs.320 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).iii. final settlement321 321 originally no ii.art. 288322 1 full and final settlement of the child's maintenance entitlement may be agreed if it is in the child's best interests.2 the settlement agreement becomes binding on the child only:1. once the child protection authority or, in the case of an agreement reached during court proceedings, the court has approved it, and2. once the settlement amount has been paid into the account designated in the approval.322 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).f. fulfilment i. entitlement art. 289323 1 the right to child maintenance contributions is that of the child and, so long as he or she is a minor, is fulfilled by payment to the child's legal representative or to the person with whom the child resides, unless the court decides otherwise.3242 however, where the state authority assumes the cost of maintaining the child, such claim and all attendant rights pass to the state authority.323 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).324 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).ii. enforcement 1. enforcement assistance art. 290325 1 if a father or mother does not fulfil his or her obligation to provide maintenance, a specialist office designated by cantonal law shall, on application, help the child and the other parent to enforce the maintenance claim appropriately and free of charge. 2 the federal council determines the terms of enforcement assistance.325 amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).2. directions to debtors art. 291326 if the parents neglect to take due care of the child, the court may order their debtors to make payment in whole or in part to the child's legal representative.326 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iii. security art. 292327 if the parents are persistently neglectful in their duty of maintenance, or if there are grounds to suspect that they are preparing to abscond or are dissipating or concealing their assets, the court may order them to furnish appropriate security for future child maintenance contributions.327 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).g. public law art. 293328 1 subject to the duty of relatives to provide support, public law determines who must bear the costs of maintenance if neither the parents nor the child may defray them.2 public law also governs the provision of advances to maintain the child if the parents fail to fulfil their duty of maintenance.328 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).h. foster parents art. 294329 1 foster parents are entitled to receive an appropriate fostering allowance unless otherwise agreed or clearly dictated by the circumstances.2 where children are fostered by close relatives or with a view to subsequent adoption there is a presumption that no remuneration is due.329 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).j. rights of the unmarried mother art. 295330 1 up to one year after the birth at the latest, the mother may file a claim against the father or his legal heirs for compensation:3311. in respect of the confinement costs;2. in respect of the costs of maintenance for at least four weeks prior to the birth and at least eight weeks thereafter;3. in respect of other expenses rendered necessary by the pregnancy or confinement, including the initial equipment for the child.2 on grounds of equity, the court may award partial or full compensation for such costs if the pregnancy ends prematurely.3 third-party payments to which the mother is entitled by law or by contract must be taken into consideration to the extent justified in the circumstances.330 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).331 amended by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).section three: parental responsibility332 332 inserted by no i 1 of the fa of 25 june 1976 (as 1977 237; bbl 1974 ii 1). amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).a. principles art. 296333 1 parental responsibility serves the best interests of the child.2 until such time as they attain the age of majority, children remain the joint parental responsibility of their father and mother.3 parents who are minors or subject to a general deputyship may not exercise parental responsibility. when the parents attain the age of majority, they are assigned parental responsibility. if the general deputyship is revoked, the child protection authority shall assign parental responsibility in a manner appropriate to the child's best interests.333 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).abis. death of a parent art. 297334 1 if the parents have joint parental responsibility and one parent dies, the surviving parent retains sole parental responsibility.2 if a parent who has sole parental responsibility dies, the child protection authority shall assign parental responsibility to the surviving parent or if a legal guardian is appointed for the child, to the person more suited to safeguarding the child's best interests.334 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).ater. divorce and other marital proceedings art. 298335 1 in divorce proceedings or proceedings to protect the marital union, the court shall assign one parent sole parental responsibility if this is necessary to safeguard the child's best interests.2 it may limit itself to regulating residence, contact or sharing of parenting duties if there is no prospect of the parents agreeing on these matters.2bis when regulating residence, contact and the sharing of parenting duties it shall take account of the right of the child to maintain regular personal relationships with both parents.3362ter where joint parental responsibility is awarded, with respect to the child's best interests, it shall consider the possibility of the child residing with both parents on an alternating basis, if this is requested by one of the parents or by the child.3373 it shall request the child protection authority to appoint a legal guardian for the child if neither the mother nor the father can be expected to accept parental responsibility.335 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).336 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).337 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).aquater. recognition and court declaration of paternity i. joint declaration by the parents art. 298a338 1 if the parents are not married to each other and if the father recognises the child, or the parent-child relationship is established by court judgment but joint parental responsibility was not ordered at the time of the judgment, joint parental responsibility is established based on a joint declaration by the parents.2 in the declaration, the parents confirm that they:1. are prepared to accept joint responsibility for the child; and2. have agreed on residence and contact or on the sharing of parenting duties and on the child maintenance contribution for the child.3 before making the declaration, the parents may seek advice from the child protection authority.4 if the parents make the declaration at the same time as recognising paternity, the declaration is made to the civil registrar. a subsequent declaration must be made to the child protection authority at the child's domicile.5 unless and until the declaration has been made, the mother has sole parental responsibility.338 inserted by no i 4 of the fa of 26 june 1998 (as 1999 1118; bbl 1996 i 1). amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).ii. decision of the child protection authority art. 298b339 1 if a parent refuses to make a declaration on joint parental responsibility, the other parent may request the child protection authority at the child's domicile to intervene.2 the child protection authority shall order joint parental responsibility, unless the mother should retain sole parental responsibility or sole parental responsibility should be assigned to the father in order to safeguard the child's best interests.3 at the same time as deciding on parental responsibility, the child protection authority shall regulate any other matters in dispute. an action for payment of the maintenance contribution may be brought before the competent court; in such a case the court also decides on parental responsibility and other matters relating to the child.3403bis in its decision on residence, contact and the sharing of parenting duties, the child protection authority shall take account of the right of the child to maintain regular personal relationships with both parents.3413ter where joint parental responsibility is awarded, with respect to the child's best interests, it shall consider the possibility of the child residing with both parents on an alternating basis, if this is requested by one of the parents or by the child.3424 if the mother is a minor or subject to a general deputyship, the child protection authority shall assign parental responsibility to the father or appoint a legal guardian for the child, depending on which measure is more suitable to safeguard the child's best interests.339 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).340 second sentence amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).341 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).342 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).iii. paternity action art. 298c343 if the court upholds a paternity action, it shall order joint parental responsibility unless the mother retains sole parental responsibility or sole parental responsibility is assigned to the father in order to safeguard the child's best interests.343 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).iv. change in circumstances art. 298d344 1 at the request of either parent, the child or ex officio, the child protection authority shall reassign parental responsibility if this is necessary to safeguard the child's best interests due to a substantial change in circumstances.2 it may limit itself to regulating residence, contact or the sharing of parenting duties.3 an action for a change to the maintenance payments may be brought to the competent court; in such a case the court may make a new ruling on parental responsibility and other matters relating to the child.345344 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).345 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).aquinquies. change in the situation after the adoption of a stepchild in a cohabitation relationship art. 298e346 if the person who adopts the child cohabits with the child's mother or father, and there is a substantial change in the circumstances, the provision on the change of circumstances applies mutatis mutandis in the case of recognition and judgement of paternity.346 inserted by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).asexies. step-parents347 347 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).art. 299348 each spouse must give the other reasonable support in exercising parental responsibility over the latter's children and must represent the other spouse as circumstances require.348 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).asepties. foster parents349 349 amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).art. 300350 1 if a child is placed in foster care with third parties, unless the relevant orders provide otherwise, these third parties exercise parental responsibility over the child in loco parentis to the extent required for the proper fulfilment of their duties.2 foster parents must be consulted before any important decisions are taken regarding the child.350 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).b. scope i. in general art. 301351 1 the parents raise and care for a child with his or her best interests in mind and take all necessary decisions unless the child has capacity to act.1bis the parent who is taking care of the child may decide alone if:1. the matter is routine or urgent;2. the other parent cannot be consulted without incurring unreasonable trouble or expense.3522 the child owes his or her parents obedience; according to how mature the child is, the parents shall allow the child the freedom to shape his or her own life and, wherever feasible, take due account of the child's opinion in important matters.3 the child is not permitted to leave the family home without the parents' consent, nor may he or she be unlawfully removed from them.4 the parents give the child his or her first name.351 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).352 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).ii. deciding on the place of residence art. 301a353 1 parental responsibility includes the right to decide on the child's place of residence.2 if parents exercise joint parental responsibility and if one parent wishes to change the child's place of residence, this requires the consent of the other parent or a decision of the court or the child protection authority if:a. the new place of residence is outside switzerland; orb. the change of place of residence has serious consequences for the ability of the other parent to exercise parental responsibility and have contact.3 if one parent has sole parental responsibility and if he or she wishes to change the child's place of residence, he must inform the other parent of this in good time.4 a parent who wishes to change his or her own domicile has the same duty to provide information.5 if required, the parents shall agree to modify the rules on parental responsibility, residence, contact and the child maintenance contribution in such a way as to safeguard the child's best interests. if they are unable to agree, the court or the child protection authority decides.353 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).iii. upbringing354 354 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 302355 1 the parents must raise the child according to their circumstances and encourage and safeguard the child's physical, mental and moral development.2 the parents must arrange for the child, especially if he or she has physical or learning disabilities, to receive an appropriate general and vocational education that corresponds as closely as possible to the child's abilities and inclinations.3 to that end, the parents must co-operate as appropriate with school authorities and, where required, with public and charitable youth support agencies.355 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iv. religious upbringing356 356 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 303357 1 the parents are free to determine the child's religious upbringing.2 any agreement restricting this freedom is invalid.3 once a child is 16 years of age, he or she is free to decide his or her own religious denomination.357 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).v. representation 1. in relation to third parties a. in general358 358 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 304359 1 by operation of law, the parents are vested with the power to represent the child in all dealings with third parties to the extent they have parental responsibility for the child.3602 if both parents have parental responsibility, all third parties acting in good faith may assume that each parent acts with the other's consent.3613 parents acting as their child's representative may not provide any financial guarantees, establish any foundations or make gifts on behalf of the client, with the exception of customary occasional gifts.362359 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).360 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).361 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).362 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. child's legal status363 363 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 305364 1 a child under parental responsibility may by his or her own acts establish rights and obligations and exercise strictly personal rights under the law of persons.3652 the child is liable with all his or her assets for any obligations entered into, without regard to the parents' property rights.364 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).365 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. within the family community art. 306366 1 children with capacity of judgement who are under parental responsibility may, with their parents' consent, act for the family as a whole, but in so doing engage not themselves but their parents.3672 if the parents are prevented from acting or if they have interests in a matter that conflict with those of the child, the child protection authority shall appoint a deputy or regulate the matter itself.3683 in the event of a conflict of interests, the parents' powers become automatically void by law in relation to the matter concerned.369366 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).367 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).368 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).369 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).c. child protection i. appropriate measures art. 307370 1 if the child's best interests are threatened and the parents are unwilling or unable to remedy the situation, the child protection authority must take all appropriate measures to protect the child.2 the child protection authority has the same duty with regard to children placed with foster parents or otherwise living outside the family home.3 in particular it is entitled to remind parents, foster parents or the child of their duties, issue specific instructions regarding care, upbringing or education and appoint a suitable person or agency with powers to investigate and monitor the situation.370 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ii. deputyship371 371 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 308372 1 where circumstances so require, the child protection authority shall appoint a child deputy whose function is to help the parents look after the child by providing advice and practical support.2 it may assign special powers to the deputy, in particular to represent the child in the paternity action, in safeguarding the child's right to child support and the child's other rights and in supervising contact.3733 parental responsibility may be restricted accordingly.372 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).373 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 309374 374 repealed by no i of the fa of 21 june 2013 (parental responsibility), with effect from 1 july 2014 (as 2014 357; bbl 2011 9077).iii. revocation of the right to decide on place of residence375 375 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).art. 310376 1 where there is no other way to avert a threat to the child's best interests, the child protection authority must remove the child from the parents or from any third parties with whom he or she is staying and place the child in a suitable location.2 at the request of the parents or the child, the child protection authority must do likewise if relations between them have deteriorated to the extent that it is no longer conscionable for the child to remain in the family home and provided no other practical remedy is available in the circumstances.3 where a child has lived for some length of time with foster parents, the child protection authority may forbid the parents to take the child back if such action might pose a serious risk to the child's development.376 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iv. withdrawal of parental responsibility 1. ex-officio377 377 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 311378 1 if other child protection measures have failed or offer little prospect of proving adequate, the child protection authority shall revoke parental responsibility:3791.380 if the parents are unable to exercise parental responsibility as required on account of inexperience, illness, disability, absence, violent behaviour or other similar reasons;2. if the parents have not cared for the child to any meaningful degree or have flagrantly violated their duties towards the child.2 where parental responsibility is withdrawn from both parents, a legal guardian is appointed for their children.3 unless expressly ordered otherwise, the withdrawal of parental responsibility is effective in respect of all the children, including those born subsequently.378 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).379 amended by no i 2 of the fa of 19. dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).380 amended by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).2. with the parents' consent381 381 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 312382 the child protection authority shall withdraw parental responsibility:3831. if the parents so request for good cause;2. if the parents have consented to having the child adopted in future by unnamed third parties.382 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).383 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).v. change in circumstances art. 313384 1 if circumstances change, the child protection measures in place must be adapted to suit the new situation.2 on no account may parental responsibility be restored within less than one year of its withdrawal.384 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).vi. procedure 1. general art. 314385 1 the provisions on the procedure before the adult protection authority apply mutatis mutandis.2 in appropriate cases, the child protection authority may request the parents to attempt mediation.3 if the child protection authority appoints a deputy, it shall state the tasks of the deputy and any restrictions on parental responsibility in the decision.385 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. hearing for the child art. 314a386 1 the child is heard in person in an appropriate manner by the child protection authority or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or other good cause.2 the record of the hearing contains only the findings of relevance to the decision. the parents are informed of these findings.3 a child capable of judgement may appeal against a decision to refuse a hearing.386 inserted by no ii of the fa of 6 oct. 1978 (as 1980 31; bbl 1977 iii 1). amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).3. representation for the child art. 314abis 387 1 if necessary, the child protection authority shall order the child to be represented and appoint a person experienced in welfare and legal matters as the child's deputy.2 the child protection authority shall consider the appointment of a representative in particular if:1. the proceedings relate to the child's accommodation;2. the parties file differing applications in relation to regulating parental responsibility or important contact issues.3 the child's deputy may file applications and appeals.387 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).4. committal to a secure institution or psychiatric hospital art. 314b388 1 if the child must be committed to a secure institution or a psychiatric hospital, the adult protection provisions on care-related hospitalisation apply mutatis mutandis.2 if the child is capable of judgement, he or she may petition the court directly.388 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).5. right to notify art. 314c389 1 any person may notify the child protection authorities if a child's physical, mental or sexual integrity appears to be at risk.2 if a report is in the interest of the child, persons who are subject to professional confidentiality under the swiss criminal code390 are also entitled to notify the authorities. this provision does not apply to auxiliary persons bound by professional confidentiality under the criminal code.389 inserted by no i of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).390 sr 311.06. duty to notify art. 314d391 1 the following persons, provided they are not subject to professional confidentiality under the swiss criminal code392, are obliged to report if there are clear indications that the physical, psychological or sexual integrity of a child is at risk and that they cannot remedy the threat as part of their professional activities:1. specialists from the fields of medicine, psychology, care services, childcare, education, counselling, religion and sport who have regular contact with children; 2. persons who learn of such a case in their official capacity.2 the duty to notify is fulfilled when a person notifies a superior.3 the cantons may provide for further notification obligations.391 inserted by no i of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).392 sr 311.07. cooperation and administrative assistance art. 314e393 1 the persons and third parties involved in the proceedings are obliged to cooperate in ascertaining the facts of the case. the child protection authority issues the necessary orders to protect any interests worthy of protection. if necessary, it shall issue an order for the compulsory enforcement of the duty to cooperate.2 persons bound by professional confidentiality in accordance with the swiss criminal code394 are entitled to cooperate without having to be released from this confidentiality requirement beforehand. this provision does not apply to auxiliary persons bound by professional confidentiality under the criminal code.3 persons bound by professional confidentiality in accordance with the swiss criminal code are obliged to cooperate if the person entitled to confidentiality has authorised them to do so or if the superior authority or the supervisory authority has released them from professional confidentiality at the request of the child protection authority. article 13 of the lawyers act of 23 june 2000395 remains reserved.4 administrative authorities and courts shall pass on the necessary documentation, reports and information, provided there is no conflict with interests worthy of protection.393 inserted by no i of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).394 sr 311.0395 sr 935.61vii. jurisdiction 1. in general396 396 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).art. 315397 1 child protection measures are ordered by the child protection authorities at the child's domicile.3982 if the child lives with foster parents or otherwise outside the parental family home or if there is risk in delay, responsibility also rests with the authorities of the place in which the child is currently staying.3 if the latter authorities implement a child protection measure, they must inform the authority at the child's domicile.397 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).398 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. in marital proceedings a. jurisdiction of the court art. 315a399 1 if the court is called on to rule on relations between the parents and the children in accordance with the provisions governing divorce or protection of the marital union, it must also order all necessary child protection measures and instruct the child protection authority to implement them.4002 the court may also modify child protection measures already in place to take account of changes in circumstances.3 however, the child protection authority retains the power:4011. to continue child protection proceedings introduced prior to the court proceedings;2. to order such measures as are required immediately to protect the child where the court is unlikely to be able to do so in good time.399 inserted by no i 1 of the fa of 25 june 1976 (as 1977 237; bbl 1974 ii 1). amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).400 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).401 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. amendment of court orders art. 315b402 1 the court has jurisdiction to amend court orders regarding custody awards and child protection:1. during divorce proceedings;2. in proceedings to alter the divorce decree pursuant to the regulations governing divorce;3. in proceedings to modify measures for protection of the marital union; the regulations governing divorce are applicable mutatis mutandis.2 in all other cases jurisdiction lies with the child protection authority.403402 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).403 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).viii. supervision of foster children art. 316404 1 any person taking in foster children requires authorisation from and is under the supervision of the child protection authority at his domicile or some other body designated by the canton.1bis where a child is fostered with a view to subsequent adoption, a single cantonal authority is responsible.4052 the federal council enacts implementing regulations.404 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).405 inserted by annex no 2 of the fa of 22 june 2001 on the hague adoption convention and measures to protect children in respect of inter-country adoption, in force since 1 jan. 2003 (as 2002 3988; bbl 1999 5795).ix. cooperation in youth support art. 317406 the cantons issue such regulations as are required to ensure effective cooperation between the authorities and official bodies in the areas of child protection under civil law, the criminal law relating to young offenders and other youth support activities.406 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).section four: property of the child407 407 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).a. management art. 318408 1 as long as they have parental responsibility for the child, the parents have the right and the duty to administer the child's property.2 if a parent dies, the surviving parent must file an inventory of the child's property with the child protection authority.4093 if the child protection authority regards it as appropriate in view of the nature and extent of the child's property and the personal circumstances of the parents, it shall order an inventory to be prepared or regular accounts and reports to be submitted.410408 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).409 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).410 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).b. use of income art. 319411 1 the parents are permitted to use the income from the child's property for the child's maintenance, upbringing and education and, where equitable, also for the requirements of the household.2 any surplus accrues to the child's property.411 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).c. drawing on the child's assets art. 320412 1 settlements, compensation and similar payments may be used in portions to fund the child's maintenance in accordance with its current requirements.2 where necessary to meet the costs of maintenance, upbringing or education, the child protection authority may permit the parents to make use of other parts of the child's assets in specific amounts.412 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).d. freely disposable property of the child i. endowments art. 321413 1 the parents are not permitted to draw on revenue from the child's assets if, when given to the child, they were designated as interest-bearing investments or savings or use of the revenue by the parents was expressly excluded.2 management by the parents is excluded only where expressly so provided when the child is endowed with the assets.413 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ii. statutory entitlement art. 322414 1 by testamentary disposition the child's statutory inheritance entitlement may also be excluded from management by the parents.2 if the testator appoints a third party to administer the bequest, the child protection authority may require the latter to carry out periodic accounting and reporting.414 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iii. employment income, professional and business assets art. 323415 1 the child manages and enjoys the benefits of all fruits of his or her own labour and of those of his or her assets that are released by his or her parents for use in the child's professional or business activities.2 if the child lives with its parents in the family home, they may require the child to make an appropriate contribution to his or her maintenance.415 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).e. protection of the child's property i. appropriate measures art. 324416 1 where there is no adequate guarantee that the child's property will be diligently managed, the child protection authority takes the necessary measures to protect it.2 in particular, the child protection authority may issue instructions regarding such management and, where the periodic accounting and reporting is insufficient, may order the parents to deposit the property or furnish security.3 procedure and jurisdiction are regulated mutatis mutandis by the provisions governing child protection.416 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ii. withdrawal of management art. 325417 1 if there is no other way to avert a threat to the child's property, the child protection authority shall appoint a child welfare advocate to manage it.2 the child protection authority does likewise if a child's property that is not managed by the parents is threatened.3 where there is serious concern that income from the child's property or the amounts designated for use or released to cover the child's needs are not being used as intended, the child protection authority may also appoint a child welfare advocate to manage those assets.417 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).f. end of asset management i. return of property art. 326418 on termination of parental responsibility or the parents' management, the parents must hand over the child's property together with a final statement of account to the adult child or to the child's legal representative.418 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).ii. liability art. 327419 1 the parents are liable to make restitution as if they were authorised agents.2 the parents must surrender the proceeds of any property alienated in good faith.3 the parents do not owe compensation for any authorised expenditures on the child or the household.419 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).section five:420 minors subject to guardianship 420 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).a. principle art. 327a if a child is not subject to parental responsibility, the child protection authority shall appoint a guardian for the child.b. legal status i. of the child art. 327b a child subject to guardianship has the same legal status as a child subject to parental responsibility.ii. of the guardian art. 327c 1 a guardian has the same rights as the parents.2 the provisions on adult protection, and in particular on appointing a and acting as a deputy and the involvement of the adult protection authority apply mutatis mutandis.3 if the child must be committed to a secure institution or psychiatric hospital, the adult protection provisions on care-related hospitalisation apply mutatis mutandis.title nine: family community chapter one: duty of assistance a. persons obliged to lend assistance art. 328421 1 a person living in financial comfort has a duty to lend assistance to any lineal relatives of older or younger generations who would suffer hardship without such assistance.2 the duty of maintenance of parents, spouses and registered partners is reserved.422421 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).422 amended by annex no 8 of the federal act on partnerships of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).b. scope and enforcement of the claim for assistance423 423 amended by no i 2 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).art. 329 1 the claim for assistance is directed against those with a duty to provide it in order of their inheritance entitlements; the amount is dependent on the degree of assistance required to maintain the indigent claimant and on the circumstances of the person obliged to provide it.1bis no claim for support may be made if the hardship arises from a restriction in the ability to pursue gainful employment owing to the care of one's own children.4242 where in the light of special circumstances the court deems it inequitable to require a person to fulfil his duty of assistance, the court may restrict such duty or revoke it entirely.4253 the provisions governing child maintenance entitlement and the transfer of such entitlement to the state authority are applicable mutatis mutandis.426424 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).425 amended by no i 2 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).426 amended by no i 2 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).c. maintenance of foundlings art. 330 1 foundlings are maintained by the commune in which they have become naturalised.2 if a foundling's parentage is established, the commune may require those relatives with a duty of assistance and, as a last recourse, the state authority under such duty to compensate it for the costs incurred in maintaining the foundling.chapter two: authority within the household a. requirement art. 331 1 where by law, agreement or family custom persons living in common household have a head of the family, such person holds authority within the household.2 the authority extends over all persons living in the household, whether relatives by blood427 or by marriage or employees or persons in a similar position based on a contractual relationship.428427 term amended by no i 3 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).428 amended by no ii art. 2 no 2 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241).b. effect i. house rules and welfare art. 332 1 the house rules to which the household members are subject must take due account of the interests of all involved.2 in particular, the household members must be allowed the freedom required for their education, occupation and religious practices.3 all property brought in by the household members must be kept safe and sound by the head of the family with the same care and attention given to his own property.ii. liability art. 333 1 if damage is caused by a member of the household who is a minor, suffers from a mental disability, is subject to a general deputyship, or is mentally ill, the head of the family is liable unless he can show that his supervision of the household was as diligent as would normally be expected in the circumstances prevailing.4292 the head of the family is obliged to ensure that the condition of a household member who suffers from a mental disability or a mental illness does not result in risk or damage to himself or to others.4303 where necessary, the head of the family must notify the competent authority with a view to having the requisite precautionary measures put in place.429 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).430 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).iii. claims of children and grandchildren 1. requirements art. 334431 1 adult children or grandchildren who have contributed their labour or income to parents or grandparents with whom they live in a common household are entitled to suitable compensation in return.4322 in the event of dispute the court determines the amount of compensation, the security required and the payment method.431 amended by no i 1 of the fa of 6 oct. 1972, in force since 15 feb. 1973 (as 1973 93; bbl 1970 i 805, 1971 i 737).432 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. asserting claims art. 334bis 433 1 the compensation due to children or grandchildren may be claimed on the debtor's death.2 it may also be claimed during the debtor's lifetime if his property is distrained or he is declared bankrupt, the common household ceases to exist or the business changes hands.3 the claim is not subject to prescription, but must be brought at the latest on division of the deceased debtor's estate.433 inserted by no i 1 of the fa of 6 oct. 1972, in force since 15 feb. 1973 (as 1973 93; bbl 1970 i 805, 1971 i 737).chapter three: family property a. family foundations art. 335 1 a body of assets may be tied to a family by means of a family foundation created under the law of persons or inheritance law in order to meet the costs of raising, endowing or supporting family members or for similar purposes.2 it is no longer permitted to establish a fee tail.b. ownership in undivided shares i. formation 1. authority art. 336 members of a family may tie a body of assets to the family by placing all or part of an inheritance or other property under joint ownership in undivided shares.2. form art. 337 the agreement establishing joint ownership in undivided shares is valid only if done as a public deed signed by all co-owners or their representatives.ii. duration art. 338 1 joint ownership in undivided shares may be constituted for a limited or indefinite duration.2 if constituted for an indefinite duration, it may be terminated by any co-owner subject to six months' notice.3 where the co-owned asset is an agricultural enterprise, such notice must always expire on a spring or autumn date in accordance with local custom.iii. effect 1. type of ownership art. 339 1 joint ownership in undivided shares binds the co-owners together in common economic activity.2 unless otherwise provided, they enjoy equal rights in the co-owned property.3 for the duration of their joint ownership in undivided shares, they may neither seek a division of the property nor dispose of their own share.2. management and representation a. in general art. 340 1 the affairs of the joint ownership in undivided shares are regulated by all the co-owners acting collectively.2 each co-owner may take ordinary administrative actions on his own initiative.b. manager's powers art. 341 1 the co-owners may appoint one of their number to act as their manager.2 the manager represents the co-owners in all external dealings and directs their economic activities.3 where representation by the other co-owners is excluded, such exclusion may be invoked against third parties acting in good faith only if the sole representative is entered in the commercial register.3. common property and personal property art. 342 1 the property under joint ownership in undivided shares is owned collectively by all the co-owners.2 the co-owners are jointly and severally liable for debts encumbering such property.3 except where otherwise agreed, all property belonging to a co-owner besides that owned collectively in undivided shares, and all property inherited or acquired in some other manner without valuable consideration during the co-ownership is the personal property of that co-owner.iv. dissolution 1. grounds art. 343 joint ownership in undivided shares is dissolved:1. by agreement or notice of termination;2. on expiry of the period for which ownership in undivided shares was established, providing it is not tacitly renewed;3. on realisation of a co-owner's share of the property that has been distrained;4. if a co-owner is declared bankrupt;5. at the request of a co-owner for good cause.2. notice, insolvency, marriage art. 344 1 if one co-owner gives notice to terminate joint ownership in undivided shares or is declared bankrupt, or if his share is realised after having been distrained, joint ownership in undivided shares may be maintained by the other co-owners provided they reach a settlement with him or his creditors.2 a co-owner who marries is entitled to request such settlement without giving notice of termination.3. death of a co-owner art. 345 1 on the death of a co-owner, heirs who are not also co-owners are entitled only to settlement of his share.2 where he is survived by issue entitled to inherit his share, with the consent of the other co-owners such issue may accede to the joint ownership in undivided shares in his place.4. division art. 346 1 division of the collectively owned property or settlement of a withdrawing co-owner's share is based on the condition of the property when the grounds for dissolution arose.2 its implementation may not be requested at an inopportune time.v. revenue-generating co-ownership 1. nature art. 347 1 the co-owners may entrust the exploitation and representation of the collectively owned property to one of their number on condition that he pay each co-owner a share of the net profit annually.2 unless otherwise agreed, such share is determined equitably on the basis of the average revenues generated by the property over a sufficiently long period and with due regard to the work done by the person managing it.2. special grounds for dissolution art. 348 1 if the collectively owned property is not properly managed or the managing co-owner fails to meet his obligations towards the other co-owners, the joint ownership in undivided shares may be dissolved.2 where there is good cause, a co-owner may request the court to authorise him to assume joint management of the property, taking due consideration of the provisions governing the division of the estate.3 in all other respects, revenue-generating joint ownership in undivided shares is subject to the provisions governing the joint ownership in undivided shares of a collectively managed business.art. 349-358434 434 repealed by no i 4 of the fa of 26 june 1998, with effect from 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).art. 359435 435 repealed by no ii 21 of the fa of 15 dec. 1989 on approval of cantonal decrees by the federal government, with effect from 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333). division three:436 the protection of adults 436 amended by no i 1 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).title ten: own arrangements for care and statutory measures section one: own arrangements for care subsection one: the advance care directive a. principle art. 360 1 a person with capacity to act may instruct a natural person or legal entity to take responsibility for his or her personal care or the management of his or her assets or to act as his or her legal agent in the event that he or she is no longer capable of judgement.2 he or she must define the tasks that are to be assigned and may issue instructions on how these tasks are to be fulfilled.3 he or she may provide for a replacement for the event that the appointee is not suitable for the tasks, does not accept the mandate or terminates the mandate.b. execution and revocation i. execution art. 361 1 the advance care directive must be executed in holographic form or publicly authenticated.2 a holograph advance care directive must be handwritten, dated and signed by the client from beginning to end.3 on request, the civil register office shall record in the central database the fact that a person has executed an advance care directive and the place where it is kept. the federal council shall issue the required provisions, in particular on the access to the data.ii. revocation art. 362 1 the client may revoke the advance care directive at any time in either of the ways provided for its execution.2 he or she may also revoke the advance care directive by destroying the document.3 if he or she executes a new advance care directive without expressly revoking the previous directive, the new advance care directive replaces the previous one unless it is clearly no more than an amendment to the same.c. decision on effectiveness and acceptance art. 363 1 where the adult protection authority learns that a person is no longer capable of judgement, but it is unaware if there is an advance care directive, it shall enquire at the civil register office.2 if there is an advance care directive, the adult protection authority shall verify if:1. the directive has been validly executed;2. the requirements for its effectiveness are met;3. the appointee is fit for his or her duties; and4. if further adult protection measures are required.3 if the appointee accepts the advance care directive, the authority shall advise him or her of his or her obligations under the provisions of the code of obligations437 on agency contracts and issue him or her with a formal document stating his or her powers.437 sr 220d. interpretation and clarification art. 364 the appointee may request the adult protection authority to interpret the advance care directive and to add clarification to secondary points.e. fulfilment art. 365 1 the appointee shall represent the client in accordance with the advance care directive and fulfil his or her duties with due care in accordance with the provisions of the code of obligations438 on agency contracts.2 where transactions must be carried out that are not covered by the advance care directive, or if the appointee has an interest in a matter that conflicts with that of the client, the appointee shall notify the adult protection authority immediately.3 in the event of a conflict of interest, the powers of the appointee cease to apply by law.438 sr 220f. remuneration and expenses art. 366 1 if the advance care directive has no instructions on the remuneration of the appointee, the adult protection authority shall specify appropriate remuneration provided this appears justified given the extent of the duties or if the services provided by the appointee are normally remunerated.2 the remuneration and the required expenses are charged to the client.g. termination art. 367 1 the appointee may terminate the advance care directive at any time subject to giving two months' written notice to the adult protection authority.2 for good cause, the appointee may terminate the directive without notice.h. intervention by the adult protection authority art. 368 1 if the interests of the client are endangered or no longer protected, the adult protection authority may take the required measures ex officio or at the request of a closely associated person.2 it may in particular issue the appointee with instructions, order the appointee to file an inventory, regular accounts and reports or revoke all or some of his or her powers.i. regaining the capacity of judgement art. 369 1 if the client regains the capacity of judgement, the advance care directive shall by law cease to have effect.2 if the interests of the client are endangered thereby, the appointee must continue to carry out the tasks assigned to him or her until the client can safeguard his or her own interests.3 the appointee is bound as if the directive still applies by transactions that he or she enters into before he or she learns that the directive has ceased to apply.subsection two: the patient decree a. principle art. 370 1 a person who is capable of judgement may specify in a patient decree which medical procedures he or she agrees or does not agree to in the event that he or she is no longer capable of judgement.2 he or she may also designate a natural person who in the event that he or she is no longer capable of judgement should discuss the medical procedures with the attending doctor and decide on his or her behalf. he or she may issue instructions to this person.3 he or she may issue alternative instructions for the event that the designated person is not suitable for the tasks, does not accept the mandate or terminates the mandate.b. execution and revocation art. 371 1 the patient decree must be executed in writing, and be dated and signed.2 any person who has executed a patient decree may have this fact and the place where it is kept entered on his or her health insurance card. the federal council shall issue the required provisions, in particular on the access to the data.3 the provision on revoking an advance care directive applies mutatis mutandis.c. loss of capacity of judgement art. 372 1 if the patient lacks capacity of judgement and it is not known if there is a patient decree, the attending doctor shall ascertain the position from the health insurance card. the foregoing does not apply to urgent cases.2 the doctor shall comply with the patient decree unless it violates statutory regulations or there is reasonable doubt that it is based on the patient's free will or still corresponds to his or her presumed will.3 the doctor shall make a note in the patient records of any reasons why the patient decree was not complied with.d. intervention by the adult protection authority art. 373 1 any person closely related to the patient may contact the adult protection authority in writing and claim that:1. the patient decree is not being complied with;2. the interests of the patient are being endangered or no longer safeguarded;3. the patient decree is not based on the patient's free will.2 the provision on intervention by the adult protection authority in the case of an advance care directive applies mutatis mutandis.section two: statutory measures for persons lacking capacity of judgement sub-section one: representation by the spouse or registered partner a. requirements for and extent of the right to act as representative art. 374 1 any person who as spouse or registered partner cohabits with a person who is no longer capable of judgement or who regularly and personally provides that person with support has a statutory right to act as that person's representative if there is no advance care directive and no deputy has been appointed.2 the right to act as representative includes:1. all legal acts that are normally required to meet the need for support;2. due management of income and other assets; and3. the right to open and deal with post, if necessary.3 for legal acts involving exceptional asset management, the spouse or the registered partner must obtain the consent of the adult protection authority.b. exercise of the right to act as representative art. 375 the exercise of the right to act as representative is governed by the provisions of the code of obligations439 on agency contracts mutatis mutandis.439 sr 220c. intervention by the adult protection authority art. 376 1 if there is any doubt as to whether the requirements for representation are met, the adult protection authority shall decide on the right to act as representative and if required shall provide the spouse or the registered partner with a document stating his or her powers.2 if the interests of the person lacking capacity of judgement are endangered or no longer safeguarded, the adult protection authority shall at the request of a closely associated person or ex officio revoke the power of the spouse or registered partner to act as representative partly or fully and shall appoint a deputy.sub-section two: representation in relation to medical procedures a. treatment plan art. 377 1 if a person lacking capacity of judgement has not given instructions on treatment in a patient decree, the attending doctor shall plan the required treatment in consultation with the person entitled to act as representative in relation to medical procedures.2 the doctor shall inform the representative about all the important aspects of the planned medical procedures, and in particular about the reasons therefor, their purpose, form, methods, risks, side effects and costs, the consequences of not carrying out the treatment and any alternative treatment options.3 if possible, the person lacking capacity of judgement shall also be involved in making the decision.4 the treatment plan shall be adapted to ongoing developments.b. the representative art. 378 1 the following persons are entitled in the following order to represent the person lacking capacity of judgement and to grant or refuse consent to the planned out-patient or in-patient measures:1. a person appointed in a patient decree or in an advance care directive;2. a deputy with a right to act as representative in relation to medical procedures;3. any person who as a spouse or registered partner cohabits with the person lacking capacity of judgement or who regularly and personally provides him or her with support;4. any person who cohabits with the person lacking capacity of judgement and who regularly and personally provides him or her with support;5. issue who regularly and personally provide the person lacking capacity of judgement with support;6. the parents, if they regularly and personally provide the person lacking capacity of judgement with support;7. siblings, if they regularly and personally provide the person lacking capacity of judgement with support.2 if two or more persons have the right to act as representative, the doctor, acting in good faith, may require that each act with the agreement of the others.3 if a patient decree contains no instructions, the representative shall decide according to the presumed wishes and interests of the person lacking capacity of judgement.c. urgent cases art. 379 in urgent cases, the doctor may carry out medical procedures according to the presumed wishes and interests of the person lacking capacity of judgement.d. treatment of a mental disorder art. 380 the treatment of a mental disorder of a person lacking capacity of judgement in a psychiatric hospital is governed by the provisions on care-related hospitalisation.e. intervention by the adult protection authority art. 381 1 the adult protection authority shall establish a representative deputyship if there is no representative available or the representative does not wish to exercise the right to act.2 it shall appoint a representative or establish a representative deputyship if:1. it is unclear who has a right to act as representative2. the persons with a right to act as representative are unable to agree; or3. the interests of the person lacking capacity of judgement are endangered or no longer safeguarded.3 it shall act at the request of the doctor, another closely associated person or ex officio.sub-section three: stays in residential or care institutions a. care agreement art. 382 1 if a person lacking capacity of judgement is cared for in a residential or nursing institution for a longer period, a written care agreement must be drawn up to regulate the services that the institution provides and the costs thereof.2 in determining the services provided by the institution, account must be taken of the wishes of the person concerned as far as possible.3 responsibility for representing the person lacking capacity of judgement in concluding, amending or terminating the care agreement is governed mutatis mutandis by the provisions on representation relating to medical procedures.b. restriction of freedom of movement i. requirements art. 383 1 the residential or nursing institution may restrict the freedom of movement of the person lacking capacity of judgement only if less stringent measures are clearly insufficient or prove to be so and the measure serves to:1. prevent serious danger to the life or physical integrity of the client or third parties; or2. remedy serious disruption to life in and around the institution.2 before his or her freedom of movement is restricted, it shall be explained to the person concerned what is happening, why the measure has been ordered, how long it will probably last and who will be responsible for the person concerned during this period. the foregoing does not apply in emergencies.3 an order to restrict freedom of movement shall be revoked as soon as possible and in every case reviewed regularly to ascertain whether it is still required.ii. records and information art. 384 1 a record shall be kept of any measure restricting freedom of movement. this shall contain in particular the names of the person ordering the measure, the purpose, the nature and the duration the measure.2 the representative in relation to medical procedures shall be notified of the measure restricting freedom of movement and may inspect the record at any time.3 the persons supervising the residential or nursing institution shall also have a right to inspect the record.iii. intervention by the adult protection authority art. 385 1 the person concerned or a closely related person may submit a written request at any time for the adult protection authority at the location of the institution to intervene in relation to a measure restricting freedom of movement.2 if the adult protection authority establishes that the measure fails to meet the statutory requirements, it shall amend the measure, revoke it or order an official adult protection measure. if necessary, it shall notify the institution's supervisory authority.3 any request for an assessment to be made by the adult protection authority shall be passed on to the authority immediately.c. protection of privacy art. 386 1 the residential or nursing institution shall protect the privacy of a person lacking capacity of judgement and where possible encourage contacts with persons outside the institution.2 if no one outside the institution expresses an interest in the client, the residential or nursing institution shall notify the adult protection authority.3 the freedom to choose one's doctor shall be respected unless there is good cause for not doing so.d. supervision of residential and care institution art. 387 the cantons shall make residential and care institution in which person lacking capacity of judgement are cared for subject to supervision, unless federal regulations already guarantee supervision.title eleven: official measures section one: general principles a. aim art. 388 1 official adult protection measures shall aim to secure the best interests and protection of persons in need.2 where possible, they should preserve and encourage the independence of the persons concerned.b. subsidiarity and proportionality art. 389 1 the adult protection authority shall order a measure if:1. support for the person in need offered by his or her family, other closely related persons or private or public services is or proves to be insufficient;2. where the person in need is no longer capable of judgement, he or she has failed to make any or sufficient arrangements for his or her own care and the statutory measures are insufficient.2 any official measure must be necessary and suitable.section two: the deputyship sub-section one: general provisions a. requirements art. 390 1 the adult protection authority shall establish a deputyship if an adult:1. due to a learning disability, a mental disorder or a similar inherent debility is wholly or partially unable to manage his or her own affairs;2. due to a temporary loss of the capacity of judgement or temporary absence is neither able to take care of matters that must be dealt with, nor has appointed a representative.2 account must be taken of the burden on and the protection of family members and third parties.3 the deputyship shall be established at the request of the person concerned (the client) or a closely associated person or ex officio.b. scope of responsibilities art. 391 1 the adult protection authority shall define the scope of the deputyship's responsibilities according to the needs of the client.2 the scope of responsibilities shall relate to personal care, the management of his or her assets or legal matters.3 without the consent of the client, the deputy may only open his or her post or enter his or her residence if the adult protection authority has expressly granted the power to do so.c. dispensing with a deputyship art. 392 if establishing a deputyship is clearly a disproportionate measure due the extent of the work involved, the adult protection authority may:1. do what is required itself, and in particular consent to a transaction;2. instruct third parties to carry out individual tasks; or3. designate a suitable person or agency that must be consulted and informed on specific matters.sub-section two: types of deputyship a. assistance deputyship art. 393 1 an assistance deputyship is established with the consent of the person in need if he or she needs assistance in order to deal with certain matters.2 the assistance deputyship does not limit the capacity of the client to act.b. representative deputyship i. in general art. 394 1 a representative deputyship is established if the person in need is unable to deal with certain matters and therefore must be represented.2 the adult protection authority may limit the capacity of the client to act accordingly.3 even if his or her capacity to act has not been limited, the client is bound by the acts of the deputy.ii. asset management art. 395 1 if the adult protection authority establishes a representative deputyship to manage assets, it shall specify the assets to be managed by the deputy. it may make all or part of the income, all or part of the capital or all or part of the income and capital subject to the deputy's management.2 the management powers also cover savings from the managed income or the revenue from the managed capital unless the adult protection authority provides otherwise.3 without limiting the capacity of the client to act, the adult protection authority may prohibit him or her from accessing individual assets.4 if the adult protection authority prohibits the client from disposing of heritable property, it must arrange for a note to be made in the land register.c. advisory deputyship art. 396 1 an advisory deputyship shall be established if the client requires for his or her own protection that certain acts be made subject to the consent of the deputy.2 the client's capacity to act shall thus be limited accordingly by law.d. combination of deputyships art. 397 assistance, representative and advisory deputyships may be combined with each other.e. general deputyship art. 398 1 a general deputyship is established if a person, in particular due to permanent loss of capacity of judgement, is in particular need.2 it covers all aspects of personal care, management of assets and legal matters.3 the client's capacity to act is revoked by law.sub-section three: end of the deputyship art. 399 1 the deputyship ends by law on the death of the client.2 the adult protection authority shall terminate a deputyship at the request of the client or of a closely associated person or ex officio as soon as there is no reason for it to continue.sub-section four: the deputy a. appointment i. general requirements art. 400 1 the adult protection authority shall appoint as deputy a natural person who has the personal aptitude and knowledge to carry out the planned tasks, who has the time required to do so and who can carry out the tasks in person. where circumstances require, it may appoint two or more persons.2 the person may only be appointed with their consent.4403 the adult protection authority shall ensure that the deputy receives the instructions, advice and support that he or she requires440 inserted by no i 1 of the fa of 29 sept. 2017, in force since 1 jan. 2019 (as 2018 2801; bbl 2017 1811 3205).ii. wishes of the client or his or her closely associated persons art. 401 1 if the client proposes someone as his or her deputy, the adult protection authority shall agree to the proposal provided the person proposed is suitable and is prepared to accept the deputyship2 it shall if possible take account of the wishes of family members or other closely associated persons.3 if the client rejects a specific person as the deputy, the adult protection authority shall respect this wish provided it is reasonable.iii. appointment of two or more persons art. 402 1 if the adult protection authority appoints two or more persons as deputies, it shall specify whether their tasks should be carried out jointly or who is responsible for which tasks.2 two or more deputies may be required to carry out their tasks jointly only if they agree to do so.b. incapacity and conflict of interests art. 403 1 if the deputy is unable to act or if the deputy's interests conflict with those of the client, the adult protection authority shall appoint a substitute deputy or regulate the matter itself.2 in the event of a conflict of interests, the powers of the deputy cease to apply by law in the relevant matter.c. remuneration and expenses art. 404 1 the deputy is entitled to appropriate remuneration and to the reimbursement of necessary expenses from the assets of the client. in the case of professional deputies, the remuneration is paid and expenses reimbursed by the employer.2 the adult protection authority determines the level of remuneration. it takes account in particular of the extent and the complexity of the tasks assigned to the deputy.3 the cantons shall issue implementing provisions and rules on remuneration and reimbursing expenses if they cannot be paid out of the assets of the client.sub-section five: deputyship tasks a. assumption of office art. 405 1 the deputy shall obtain the information required to fulfil his or her tasks and shall make personal contact with the client.2 if the deputyship involves asset management, the deputy shall immediately make an inventory of the assets to be managed in cooperation with the adult protection authority.3 if justified in the circumstances, the adult protection authority may order a public inventory to be made. this has the same effect for creditors as a public inventory under the law of succession.4 third parties are obliged to provide all the information required for the inventory to be made.b. relationship with the client art. 406 1 the deputy shall carry out his or her tasks in the interests of the client, take account of the client's opinions, where possible, and respect the client's desire to organise his or her life in a way that corresponds to his or her abilities and accords with his or her wishes and ideas.2 the deputy shall try to develop a relationship of mutual trust with the client and to prevent any deterioration in the client's debility or to reduce the effect thereof.c. client's autonomy art. 407 even if his or her capacity to act has been revoked, a client who is capable of judgement may through his or her own acts establish rights and obligations under the law of persons, and exercise strictly personal rights.d. asset management i. tasks art. 408 1 the deputy shall manage the assets with due care and carry out all the legal acts connected with their management.2 in particular the deputy may:1. accept payments due to the client by third parties thus discharging their obligations;2. pay debts where appropriate;3. represent the client in attending to his or her everyday needs, if necessary.3 the federal council shall issue provisions on the investment and safe custody of assets.ii. personal allowance art. 409 the deputy shall provide the client with an allowance from the client's assets which the client is free to spend.iii. accounts art. 410 1 the deputy shall keep accounts and submit them to the adult protection authority for approval at regular intervals specified by the authority, and at least every two years.2 the deputy shall explain the accounts to the client and provide him or her with a copy on request.e. reporting art. 411 1 the deputy shall submit a report on the client's situation and the deputyship to the adult protection authority as often as necessary, but at least every two years.2 the deputy shall if possible consult the client when preparing the report and provide the client with a copy request.f. special transactions art. 412 1 the deputy may not provide any financial guarantees, establish any foundations or make gifts on behalf of the client, with the exception of customary occasional gifts.2 assets that are of special value to the client or his or her family shall not be disposed of if possible.g. duties of care and confidentiality art. 413 1 in fulfilling his or her tasks, the deputy shall have the same duty of care as an agent under the provisions of the code of obligations441.2 the deputyship is subject to a duty of confidentiality unless this is contrary to overriding interests.3 third parties must be notified of the existence of the deputyship provided this is required for the deputy to duly fulfil his or her tasks.441 sr 220h. amendment of conditions art. 414 the deputy shall notify the adult protection authority immediately of any circumstances that require the measure to be amended or make the termination of the deputyship possible.sub-section six: role of the adult protection authority a. examination of accounts and report art. 415 1 the adult protection authority shall examine the accounts and grant or refuse approval thereof; if necessary, they shall require the accounts to be corrected.2 it shall examine the report and, if necessary, require it to be amended.3 if necessary, it shall take measures to safeguard the interests of the client appropriately.b. transactions requiring consent i. by law art. 416 1 the consent of the adult protection authority is required before the deputy may carry out any of the following transactions on behalf of the client:1. liquidation of the household, terminating the lease on a dwelling where the client lives;2. long-term contracts for the client's accommodation;3. acceptance or renunciation of a inheritance if an express declaration is required therefor, as well as contracts of succession and contracts dividing an estate;4. the acquisition, sale, pledge and other burdening of immovable property and the construction of buildings that goes beyond ordinary administrative activities;5. the acquisition, sale and pledge of other assets and the creation of a usufruct where such transactions do not fall under the conduct of ordinary administration and management;6. the acceptance and granting of substantial loans, entering into bill-of-exchange-related liabilities;7. life annuity and lifetime maintenance agreements as well as life assurance, provided these do not form part of an occupational pension in connection with a contract of employment;8. the takeover or liquidation of a business, involvement in a company with personal liability or a substantial capital participation;9. declaration of inability to pay, conduct of legal proceedings, conclusion of a settlement, an arbitration agreement or a composition agreement, subject to the reservation of provisional measures by the deputy in cases of urgency.2 the adult protection authority's consent is not required if a client who is capable of judgement grants his or her consent and his or her capacity to act is not limited by the deputyship.3 contracts between the deputy and the client shall always require the adult protection authority's consent other than in the case of assignments issued by the client that do not involve the payment of a fee.ii. by order art. 417 the adult protection authority may for good cause order that other transactions should require its consent.iii. lack of consent art. 418 if a transaction has been entered into without the required consent of the adult protection authority, this shall only affect the client to the extent provided for under the provisions of the law of persons on lack of consent from a legal representative.sub-section seven: intervention by the adult protection authority art. 419 the client, a closely related person or any person with a legitimate interest may call on the adult protection authority to intervene in relation to acts or omissions by the deputy or by a third party or agency to which the adult protection authority has issued an assignment.sub-section eight: special provisions for family members art. 420 if the client's spouse, registered partner, parents, issue, sibling, or de facto life partner is appointed deputy, the adult protection authority may wholly or partly absolve the deputy of the obligations to prepare an inventory, submit regular reports and accounts, and obtain consent for specific transaction if this is justified by the circumstances.sub-section nine: termination of the office of deputy a. by law art. 421 the office of deputy terminates by law:1. on expiry of a term of office set by the adult protection authority, unless the deputy is confirmed in office;2. with the end of the deputyship;3. with termination of employment as a professional deputy;4. in the event that the deputy is made subject to a deputyship, becomes incapable of judgement, or dies.b. discharge i. at the deputy's request art. 422 1 the deputy may request to be discharged at the earliest after serving a term of four years.2 prior to this, the deputy may request to be discharged for good cause.ii. other cases art. 423 1 the adult protection authority shall discharge the deputy if:1. he or she is no longer suitable to carry out the tasks;2. there is other good cause for his or her discharge.2 the client or a closely associated person may request that the deputy be discharged.c. continuation of transactions art. 424 the deputy must continue with transactions that cannot be postponed until a successor takes over office, unless the adult protection authority orders otherwise. this provision does not apply to a professional deputy.d. final report and final accounts art. 425 1 when the term of office ends, the deputy shall submit a final report to the adult protection authority and if applicable file the final accounts. the adult protection authority may waive this requirement for professional deputies if the employment relationship ends.2 the adult protection authority shall examine and approve the final report and the final accounts in the same way as the regular reports and accounts.3 it shall pass on the final report and final accounts to the client or his or her heirs and if applicable to the new deputy and shall at the same time draw the attention of these persons to the provisions on accountability.4 it shall also inform them whether it exonerated the deputy or refused to approve the final report or the final accounts.section three: care-related hospitalisation a. the measures i. hospitalisation for treatment or care art. 426 1 a person suffering from a mental disorder or mental disability or serious neglect (the patient) may be committed to an appropriate institution if the required treatment or care cannot be provided otherwise.2 the burden that the patient places on family members and third parties and their protection must be taken into account.3 the patient shall be discharged as soon as the requirements for hospitalisation no longer are fulfilled.4 the patient or a closely related person may request his or her discharge at any time. a decision must be made on the request immediately.ii. detention of persons admitted voluntarily art. 427 1 if a person suffering from a mental disorder who has entered an institution voluntarily wishes to leave the institution, he or she may be detained by the institution's medical management for a maximum of three days if he or she:1. is a risk to his or her own life or limb; or2. is a serious risk to the life or the physical integrity of others.2 at the end of the three day period, the patient may leave the institution unless he or she is subject to an enforceable hospitalisation order.3 the patient shall be notified in writing that he or she may petition the court.b. responsibility for hospitalisation and discharge i. adult protection authority art. 428 1 the adult protection authority is responsible for ordering hospitalisation and discharge.2 in specific cases, it may delegate responsibility for discharge to the institution.ii. doctors 1. responsibility art. 429 1 the cantons may designate doctors who in addition to the adult protection authority are authorised to order hospitalisation for a period specified by cantonal law. the period may not exceed six weeks.2 hospitalisation may not continue beyond the specified period at the latest unless an enforceable hospitalisation order from the adult protection authority applies.3 the institution decides on discharge.2. procedures art. 430 1 the doctor shall examine and interview the patient in person.2 the hospitalisation order shall contain at least the following information:1. the place and date of the examination;2. the name of the doctor;3. the diagnosis, reasons therefor and the purpose of hospitalisation;4. instructions on rights of appeal.3 an appeal does not have suspensive effect unless the doctor or the competent court orders otherwise.4 a copy of the hospitalisation order shall be given to the patient; a further copy shall be given to the institution on the patient's admission.5 the doctor shall if possible notify a person closely related to the patient in writing on his or her committal and on the rights of appeal.c. regular review art. 431 1 the adult protection authority shall conduct a review at the latest six months after hospitalisation of whether the requirements for hospitalisation are still being met and whether the institution is still suitable.2 it shall conduct a second review within the following six months. thereafter it shall conduct a review as often as necessary, but at least once every year.d. authorised representative art. 432 any person committed to an institution may appoint a person that he or she trusts as a representative to support him or her during his or her stay and until the conclusion of all related procedures.e. medical measures in the case of a mental disorder i. treatment plan art. 433 1 if a person is committed to an institution to be treated for a mental disorder, the attending doctor shall draw up written treatment plan in consultation with the patient and if applicable his or her authorised representative.2 the doctor shall inform the patient and the authorised representative of all matters relevant to the planned medical procedures, and in particular the reasons therefor, their purpose, nature, modalities, risks and side effects, of the consequences of not undergoing treatment and of any alternative treatment options.3 the treatment plan shall be given to the patient so that he or she may consent. where the patient is incapable of judgement, account must be taken of any patient decree.4 the treatment plan is adjusted to take account of ongoing developments.ii. treatment without consent art. 434 1 in the absence of the patient's consent, the chief physician in the department may order in writing the medical procedures planned in the treatment plan if:1. failure to carry out the treatment could lead to serious damage to the patient's health or seriously endanger the life or the physical integrity of third parties;2. the patient is unable to exercise judgement in relation to his or her need for treatment; and3. no appropriate measure is available that is less invasive.2 written notice of the order shall be given to the patient and his or her authorised representative together with instructions on rights of appeal.iii. emergencies art. 435 1 in an emergency, essential medical procedures may be carried out immediately to protect the patient or third parties.2 if the institution is aware how the person wishes to be treated, it shall take account of those wishes.iv. pre-discharge interview art. 436 1 if there is a risk that the medical condition will recur, the attending doctor shall attempt to agree with the client before discharge on principles for treatment in the event that the patient is committed to the institution again.2 the pre-discharge interview must be documented.v. cantonal law art. 437 1 the cantons shall regulate follow-up care.2 they may provide for out-patient measures.f. measures restricting freedom of movement art. 438 measures restricting the patient's freedom of movement in the institution are governed by the provisions on restricting the freedom of movement of patients in residential or care institutions mutatis mutandis. the right to appeal to the court is reserved.g. petition to the court art. 439 1 in the following cases, the patient or a closely related person may petition the competent court in writing:1. in cases of hospitalisation ordered by a doctor;2. in cases where the patient is detained by the institution;3. in cases where a request for discharge is refused by the institution;4. in cases where a mental disorder is treated without consent;5. in cases of measures restricting freedom of movement.2 the deadline for appealing to the court is ten days from the date on which notice of the decision is given. in the case of measures restricting freedom of movement, an appeal may be made to the court at any time.3 the procedure is governed mutatis mutandis by the provisions on proceedings before a judicial appellate authority.4 an application for judicial assessment must be passed on to the competent court immediately.title twelve: organisation section one: authorities and local jurisdiction a. adult protection authority art. 440 1 the adult protection authority is a specialist authority. it is appointed by the cantons.2 it has a quorum of three members for taking decisions. the cantons may provide for exceptions for specific matters.3 it also carries out the tasks of the child protection authority.b. supervisory authority art. 441 1 the cantons shall appoint the supervisory authorities.2 the federal council may issue provisions on supervision.c. local jurisdiction art. 442 1 the adult protection authority at the place of residence of the client has jurisdiction. in ongoing proceedings, the same authority retains jurisdiction until the case has been concluded.2 in urgent cases, the authority where the client is actually residing has jurisdiction. if this authority carries out a measure, it shall notify the authority in the client's normal place of residence.3 in the case of a deputyship due to absence, the authority at the place where the majority of the assets have been managed or have been transferred to the client has jurisdiction.4 the cantons are entitled to declare the authority in the client's place of origin rather than place of residence to have jurisdiction over citizens of the canton who are resident in the canton, provide the commune of origin is wholly or partly responsible for supporting persons in need.5 if a person subject to a measure changes place of residence, the authority at the new place shall take responsibility for the measure immediately, unless there is good cause for not doing so.section two: procedure sub-section one: before the adult protection authority a. notification rights and obligations art. 443 1 any person may notify the adult protection authority if a person appears to be in need of assistance. the provisions on professional confidentiality are reserved.2 any person who while acting in an official capacity learns that a person needs assistance and is unable to provide this assistance in the context of their professional activities is required to notify the adult protection authority. the provisions on professional confidentiality remain reserved.4423 the cantons may provide for further notification obligations.443442 inserted by no i of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).443 inserted by no i of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).b. verification of jurisdiction art. 444 1 the adult protection authority shall verify its jurisdiction ex officio.2 if it decides that it has no jurisdiction, it shall assign the case immediately to the authority that it regards as having jurisdiction.3 if it is uncertain as to whether it has jurisdiction, it shall consult the authority that it believes may have jurisdiction.4 if no agreement is reached after consultation, the authority originally involved shall refer the question of jurisdiction to the appellate authority.c. precautionary measures art. 445 1 the adult protection authority shall at the request of a person participating in the proceedings or ex officio take all the precautionary measures required for the duration of the proceedings. it may in particular order an adult protection measure as a precautionary measure.2 in cases of particular urgency, it may take precautionary measures immediately without hearing the persons participating in the proceedings. at the same time, it shall give these persons the opportunity to express their views, after which it shall review its decision.3 an appeal against precautionary measures may be filed within ten days of notice thereof being given.d. procedural principles art. 446 1 the adult protection authority investigates the circumstances of the case ex officio.2 it shall conduct the required enquiries and gather the required evidence. it may instruct a suitable person or agency to carry out enquiries. if necessary, it shall commission an opinion from an expert.3 it is not limited by the requests made by the persons participating in the proceedings.4 it shall apply the law ex officio.e. hearing art. 447 1 the client shall be heard in person unless to do so appears inappropriate.2 in a case involving care-related hospitalisation, the adult protection authority shall normally hear the client normally as a panel.f. obligations to cooperate and administrative assistance art. 448 1 the persons participating in the proceedings and third parties are obliged to cooperate in the enquiries into the circumstances. the adult protection authority shall make the arrangements required to safeguard legitimate interests. if necessary, it shall order the enforcement of the duty to cooperate.2 doctors, dentists, pharmacists, midwives and birth assistants, chiropractors and psychologists and their auxiliary personnel are only obliged to cooperate if the person entitled to confidentiality has authorised them to do so or if a superior authority or the supervisory authority has relieved them of the obligation of professional confidentiality at their own request or at the request of the adult protection authority.4443 members of the clergy, lawyers, defence agents, mediators and former welfare deputies appointed in the case are not subject to the obligation to cooperate.4 administrative authorities and courts shall hand over the required files, draw up reports and provide information unless legitimate interests require otherwise.444 amended by no i of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).g. assessment in an institution art. 449 1 if a psychiatric assessment is essential and cannot be carried out on an out-patient basis, the adult protection authority shall have the client admitted to a suitable institution for assessment.2 the provisions on the procedure for care-related hospitalisation apply mutatis mutandis.h. appointment of a representative art. 449a if necessary, the adult protection authority shall order that the client be represented and appoint a person experienced in care-related and legal matters as deputy.i. inspection of files art. 449b 1 the persons participating in the proceedings have the right to inspect the case files, unless legitimate interests require otherwise.2 if a person participating in the proceedings is refused access to any case files, the information therein may only be used in the proceedings if the authority discloses the content relevant to the case verbally or in writing to the person concerned.j. notification duty art. 449c the adult protection authority shall notify the civil register office if:1. it makes a person subject to a general deputyship due to permanent loss of the capacity of judgement;2. an advance care directive become effective for a person permanently lacking capacity of judgement.sub-section two: before the appellate authority a. object and right of appeal art. 450 1 decisions of the adult protection authority are subject to a right of appeal to the competent court.2 the following persons have a right of appeal:1. persons participating in the proceedings;2. persons closely associated with the client;3. persons with a legitimate interest in the contested decision being reversed or amended.3 the appeal must be filed with the court in writing and with a statement of the grounds.b. grounds of appeal art. 450a 1 the appeal may challenge:1. an infringement of the law;2. an incorrect or incomplete finding of legally relevant fact;3. an inappropriate decision.2 an appeal is also competent on the grounds of denial of justice or unjustified delay.c. deadline for filing the appeal art. 450b 1 the appeal must be filed within thirty days of notification of the decision. this deadline also applies to persons entitled to appeal who are not required to be notified of the decision.2 in the case of a decision concerning care-related accommodation, the appeal must be filed within ten days of notification of the decision.3 an appeal on the grounds of denial of justice or unjustified delay may be filed at any time.d. suspensive effect art. 450c an appeal has suspensive effect unless the adult protection authority or the judicial appellate authority rules otherwise.e. consultation with the lower instance and reconsideration art. 450d 1 the judicial appellate authority shall give the adult protection authority the opportunity to express its position.2 instead of submitting its views, the adult protection authority may reconsider its decision.f. special provisions in the case of care-related hospitalisation art. 450e 1 a statement of grounds is not required for an appeal against a decision relating to care-related hospitalisation.2 the appeal does not have suspensive effect unless the adult protection authority or the judicial appellate authority rules otherwise.3 in cases involving mental disorders, the decision must be based on the opinion of an expert.4 the judicial appellate authority shall normally hear the client as a panel of judges. if necessary, it shall order that the client be represented and appoint a person experienced in care-related and legal matters as deputy.5 normally, it decides within five working days of the appeal being filed.sub-section three: joint provision art. 450f in addition, the provisions of the civil procedure ordinance apply mutatis mutandis, unless the cantons provide otherwise.sub-section four: enforcement art. 450g 1 the adult protection authority shall enforce decisions on request or ex officio.2 if the adult protection authority or the judicial appellate authority in the decision has already ordered compulsory enforcement measures, these may be enforced directly.3 the person responsible for enforcement may enlist the help of the police if necessary. normally a warning must be given before direct compulsory measures are applied.section three: relationship with third parties and duty of cooperation a. duty of confidentiality and information art. 451 1 the adult protection authority is subject to a duty of confidentiality in the absence of overriding interests.2 any person who shows a credible interest may request the adult protection authority to provide information on the existence and the effects of an adult protection measure.b. effect of the measures on third parties art. 452 1 an adult protection measure may be cited in opposition to third parties even if they are acting in good faith.2 if the deputyship limits the capacity of the client to act, debtors must be notified that contractual performance only relieves them of their obligations payment if it is made to the deputy. prior to notice being given, the deputyship may not be cited in opposition to debtors acting in good faith.3 if a person subject to an adult protection measure induces other persons to accept his or her capacity to act in error, he or she is liable to them for any damage caused thereby.c. duty of cooperation art. 453 1 if there is a serious risk that a person in need will endanger himself or herself or commit a felony or misdemeanour that seriously damages another person physically or mentally or causes them material loss, the adult protection authority shall cooperate with the agencies concerned and the police.2 in such cases, persons subject to official or professional confidentiality are entitled to notify the adult protection authority.section four: accountability a. principle art. 454 1 any person who is injured by an unlawful act or omission related to official adult protection measures has the right to damages and, if justified by the seriousness of the injury, to satisfaction.2 the same right applies if the adult protection authority or the supervisory authority behaves unlawfully in relation to other adult protection matters.3 the canton is liable; the person suffering damage has no right to damages against the person who caused the damage.4 the canton's right of recourse against the person that caused the damage is governed by the cantonal law.b. prescription art. 455 1 the right to claim damages or satisfaction prescribes in accordance with the provisions of the code of obligations445 on the law of tort.4462 if the person who caused the damage committed a criminal offence through his or her conduct, the right to claim damages or satisfaction prescribes at the earliest when the right to prosecute the offence prescribes. if the right to prosecute is no longer liable to prescription because a first instance criminal judgment has been issued, the right to claim damages or satisfaction prescribes at the earliest three years after notice of the judgment is given.4473 if the injury is related to the ordering or conduct of a long-term measure, the prescriptive period for a claim against the canton does not begin before the long-term measure ends or is continued by another canton.445 sr 220446 amended by annex no 3 of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).447 amended by annex no 3 of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).c. liability under agency law art. 456 the liability of a person entrusted with another's care as well as that of a spouse or registered partner of a person lacking capacity of judgement or of a representative in the case of medical measures, insofar as that person is not a welfare deputy is governed by the provisions of the code of obligations448 on agency.448 sr 220part three: law of succession division one: heirs title thirteen: statutory heirs a. related449 heirs 449 term amended by no i 3 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).i. issue art. 457 1 the nearest heirs of a deceased person are his or her issue.2 children inherit in equal parts.3 predeceased children are replaced by their own issue in all degrees per stirpes.ii. parental line art. 458 1 where the deceased is not survived by any issue, the estate passes to the parental line.2 the father and mother each inherit one-half of the estate.3 a predeceased parent is replaced by his or her issue in all degrees per stirpes.4 where there are no issue on one side, the entire estate passes to the heirs on the other.iii. grandparental line art. 459 1 where the deceased is survived by neither issue nor heirs in the parental line, the estate passes to the line of the grandparents.2 where the grandparents of the paternal and maternal lines survive the deceased, they inherit in equal parts on both sides.3 a predeceased grandparent is replaced by his or her issue in all degrees per stirpes.4 if a grandparent on the paternal or maternal side has predeceased without issue, that entire half of the estate is inherited by the heirs on that side.5 if there are no heirs in either the paternal or the maternal side, the entire estate passes to the heirs in the other side.iv. scope of succession rights art. 460450 the succession rights of relatives end with the line of the grandparents.450 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).art. 461451 451 repealed by no i 2 of the fa of 25 june 1976, with effect from 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).b. surviving spouses and registered partners art. 462452 surviving spouses and registered partners receive:1. one-half of the estate, where they are obliged to share with the deceased's issue;2. three-quarters of the estate, where they are obliged to share with heirs in the parental line;3. the entire estate, where no heirs exist in the parental line either.452 amended by annex no 8 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).c. art. 463-464453 453 repealed by no i 2 of the fa of 5 oct. 1984, with effect from 1 jan 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).art. 465454 454 repealed by no i 3 of the fa of 30 june 1972, with effect from 1 april 1973 (as 1972 2819; bbl 1971 i 1200). however, see art. 12a final title below.d. state authority art. 466455 where the deceased leaves no heirs, his or her estate passes to the canton in which he or she was last resident or to the commune designated by the law of that canton.455 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).title fourteen: testamentary dispositions section one: testamentary capacity a. wills art. 467 any person who has the capacity of judgement and is at least 18 years old has the right to draw up a will disposing of his or her property in accordance with the limits and forms prescribed by law.b. contract of succession art. 468456 1 any person who is capable of judgement and has reached the age of 18 may conclude a contract of succession as a testator.2 persons subject to a deputyship that covers the conclusion of a contract of succession require the consent of their legal representative.456 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).c. voidable dispositions art. 469 1 dispositions made in error or under the influence of malicious deception, threats or coercion are void.2 however, they become valid if not revoked by the testator within one year of his or her discovering the error or deception or of his or her release from the threat or coercion.3 if a disposition contains an obvious error with regard to persons or objects and the testator's true intention may be established with certainty, the disposition shall be rectified accordingly.section two: testamentary freedom a. disposable part i. scope of testamentary powers art. 470 1 a person who is survived by issue, parents, a spouse or a registered partner may make a testamentary disposition of that part of his or her property which exceeds the statutory entitlement of the survivor or survivors.4572 a person who is not survived by any such heirs may dispose of his or her entire property by testamentary disposition.457 amended by annex no 8 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).ii. statutory entitlement art. 471458 the statutory entitlement is:1. for any issue, three-quarters of their statutory succession rights;2. for each parent, one-half;3.459 for the surviving spouse or registered partner, one-half.458 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).459 amended by annex no 8 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).iii. . art. 472460 460 repealed by no i 2 of the fa of 5 oct. 1984 (as 1986 122 153 art. 1; bbl 1979 ii 1191).iv. dispositions in favour of the spouse art. 473 1 by a testamentary disposition, the testator may grant the surviving spouse a usufruct of the entire part of the estate passing to their common issue.4612 this usufruct shall replace the statutory succession right due to the spouse where the common issue are co-heirs with the spouse. in addition to this usufruct, the disposable part is one-quarter of the estate.4623 if the surviving spouse remarries, the usufruct ceases to apply to that part of the estate which, on succession, could not have been encumbered by a usufruct under the provisions ordinarily governing the statutory entitlements of the deceased's issue.463461 amended by no i of the swiss civil code of 5 oct. 2001, in force since 1 march 2002 (as 2002 269; bbl 2001 1121 2011 2111).462 amended by no i of the swiss civil code of 5 oct. 2001, in force since 1 march 2002 (as 2002 269; bbl 2001 1121 2011 2111).463 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).v. calculation of the disposable part 1. deduction of debts art. 474 1 the disposable part is calculated on the basis of the value of the deceased's assets at the time of his or her death.2 in calculating this value, the deceased's debts, the funeral expenses, the costs of sealing and of drawing up the inventory and the maintenance claims of members of the household for one month are deducted from value of the estate.2. inter vivos gifts art. 475 inter vivos gifts are added to the estate insofar as they are subject to an action in abatement.3. insurance claims art. 476 where a life assurance claim maturing on the death of the deceased was established in favour of a third party by an inter vivos or testamentary disposition or mortis causa or was transferred by the deceased during his or her lifetime to a third party without valuable consideration, the redemption value of such insurance claim at the time of death is added to the estate.b. disinheritance i. grounds art. 477 the testator has the power to deprive an heir of his or her statutory entitlement by means of a testamentary disposition:1.464 if the heir has committed a serious crime against the testator or a person close to him or her;2. if the heir has seriously breached his or her duties under family law towards the testator or the latter's dependants.464 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).ii. effect art. 478 1 the disinherited person may neither participate in the estate nor bring an action in abatement.2 unless disposed of otherwise by the testator, the disinherited person's portion passes to the testator's statutory heirs as if the disinherited person had predeceased.3 the disinherited person's issue retain their statutory entitlements as if he or she had predeceased.iii. burden of proof art. 479 1 a disinheritance is valid only if the testator indicates the reason for the disinheritance in his or her testamentary disposition.2 if the disinherited person challenges the disinheritance on the grounds that the reason therefor is incorrect, any heir or legatee wishing to benefit from the disinheritance must prove that the reason is correct.3 where no such proof may be adduced or no reason for the disinheritance is indicated, the disposition shall be upheld insofar as it does not deprive the disinherited person of his or her statutory entitlement unless it was made by the testator in obvious error regarding the reason for the disinheritance.iv. disinheritance of an insolvent person art. 480 1 if unpaid debt certificates exist in respect of any of the issue of the testator, the latter may deprive the said issue of one-half of his or her statutory entitlement providing he or she leaves that half to the existing or subsequently born children of the said issue.2 at the disinherited person's request, the disinheritance is void if, on commencement of the succession process, the unpaid debt certificates no longer exist against him or her or if their total amount does not exceed one-quarter of his or her share of the estate.section three: types of disposition a. in general art. 481 1 within the limits of his or her right to dispose of his or her property, the testator may dispose of it in part or in full by will or by contract of succession.2 any property in respect of which no testamentary disposition has been made passes to the statutory heirs.b. burdens and conditions art. 482 1 the testator may attach burdens or conditions to the disposition, the fulfilment of which may be requested by any interested party once the disposition becomes effective.2 immoral or unlawful burdens or conditions render the disposition null and void.3 where they are merely onerous to third parties or meaningless, they are deemed not to exist.4 if an animal receives a bequest by testamentary disposition, this disposition is deemed to be a burden by which the animal must be cared for according to its needs.465465 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).c. naming of heirs art. 483 1 the testator may name one or more heirs to the entire estate or to a fraction thereof.2 any disposition by which a beneficiary should receive all or a specified fraction of the deceased's estate is deemed to constitute the naming of an heir.d. legacy i. nature art. 484 1 the testator may bequeath a legacy to a beneficiary without naming that person as an heir.2 he or she may bequeath a specific legacy or the usufruct of the whole or a part of the estate, or he or she may instruct the heirs or other legatees to make payments to that person from the value of the estate or to release that person from obligations.3 if the testator bequeaths a specific legacy but the object is not part of the estate and no other intention is evident from the disposition, no obligation is placed on the obligor of the legacy.ii. duty on the obligor of the legacy art. 485 1 the object must be delivered to the beneficiary in the same condition that it was in at the commencement of the succession process, including damage and growth and with or without encumbrance.2 with regard to expenditure on and deterioration of the legacy since the commencement of the succession process, the obligor of the legacy has the same rights and duties as an agent without authority.iii. relationship to the estate art. 486 1 where the legacies exceed the value of the estate or of the bequest to the obligor or of the disposable part, application may be made to have them abated proportionately.2 if the obligors do not survive the testator, are unworthy to inherit or disclaim their inheritance, the legacies remain nonetheless effective.3 if the testator has bequeathed a legacy to a statutory or named heir, the latter has the right to claim the legacy even if he or she disclaims his or her inheritance.e. substitution art. 487 in his or her disposition, the testator may designate one or more persons to whom the estate or legacy shall pass in the event that the initial heir or legatee is predeceased or disclaims it.f. remaindermen i. designation of a remainderman art. 488 1 the testator is entitled in his or her dispositions to require the named heir, as provisional heir, to deliver the estate to a third party, as remainderman.2 no such obligation may be imposed on the remainderman.3 the same provisions apply to legacies.ii. time of delivery art. 489 1 except where the disposition stipulates otherwise, the time of delivery is deemed to be the death of the provisional heir.2 where a different time is specified and that time has not yet occurred on the death of the provisional heir, the inheritance passes to his or her heirs against security.3 if for whatever reason that time may no longer occur, the inheritance passes unreservedly to the heirs of the provisional heir.iii. security art. 490 1 in all cases in which remaindermen are designated, the competent authority must order an inventory to be drawn up.2 delivery of the inheritance to the provisional heir is made only against security, except where the testator has expressly released him or her from such an obligation; in the case of immovable property, security may be provided by entering the delivery obligation under priority notice in the land register.3 if the provisional heir is unable to provide security or jeopardises the remainderman's expectancy, the inheritance must be placed under probate administration.iv. legal status 1. of the provisional heir art. 491 1 a provisional heir acquires the inheritance in the same manner as any named heir.2 he or she becomes the owner of the inheritance with an obligation to deliver it.2. of the remainderman art. 492 1 the remainderman acquires the testator's bequest if he or she is alive at the stipulated delivery time.2 if he or she dies before then, the inheritance passes to the provisional heir unless the testator has ordered otherwise.3 if the provisional heir dies before the testator or is unworthy of inheritance or disclaims the inheritance, it passes to the remainderman.v. issue lacking capacity of judgement art. 492a466 1 if any issue permanently lacks capacity of judgement and if he or she is not survived by issue or a spouse, the testator may designate a remainderman in respect of the residue.2 the designation of the remainderman ceases to apply by law if the issue, contrary to expectation, becomes capable of judgement.466 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).g. foundations art. 493 1 the testator is entitled to bequeath all or part of the disposable portion of his or her property to a foundation for any purpose of his or her choosing.2 however, the foundation is valid only if it conforms to the legal requirements.h. contracts of succession i. contracts naming heirs and making legacies art. 494 1 the testator may, by contract of succession, undertake to another person to bequeath his or her estate or a legacy to that person or a third party.2 he or she is free to dispose of his or her property as he or she sees fit.3 however, testamentary dispositions or gifts that are incompatible with obligations entered into under the contract of succession are subject to challenge.ii. renunciation of inheritance 1. significance art. 495 1 the testator may conclude an inheritance renunciation contract with an heir with or without valuable consideration.2 the renouncing party is not deemed to be an heir on succession.3 unless the contract provides otherwise, the renunciation of an inheritance also applies to the issue of the renouncing party.2. void renunciation art. 496 1 where certain persons are named in the renunciation contact as heirs in lieu of the renouncing party, the renunciation is void if such persons fail to acquire the inheritance for whatever reason.2 where an inheritance is renounced in favour of co-heirs, the renunciation is presumed to be effective only in respect of the heirs of the line descending from their nearest common ascendant and has no effect with regard to more distant heirs.3. rights of the creditors of the estate art. 497 if the deceased was insolvent on commencement of the succession process and his or her creditors are not satisfied by the heirs, the renouncing party and his or her heirs may be held liable to the extent that they received valuable consideration for the renounced inheritance within the five years prior to the death of the deceased and were still enriched by such consideration on succession.section four: formal requirements of testamentary dispositions a. wills i. drawing up a will 1. in general art. 498 the testator may make his or her will in the form of a public deed or in holographic or oral form.2. by public deed a. formal requirements art. 499 a will by public deed is made in the presence of two witnesses by a public official, notary public or other person authorised under cantonal law to conduct such business.b. role of the public official art. 500 1 the testator must inform the official of his or her wishes, whereupon the official draws up the deed or causes it to be drawn up and gives it to the testator to read.2 the deed must be signed by the testator.3 the official must date and sign the deed.c. role of the witnesses art. 501 1 as soon as the public deed has been signed and dated, the testator must declare to the two witnesses, in the presence of the official, that he or she has read the document and that it contains his or her will.2 the witnesses must sign the deed and in so doing confirm that the testator made said declaration in their presence and that, in their judgment, in so doing he or she was in full possession of testamentary capacity.3 it is not necessary for the witnesses to be informed of the content of the deed.d. drawing up a will without the testator reading and signing it art. 502 1 if the testator does not read and sign the deed, the official must read it out in the presence of the two witnesses and the testator, who must then declare that the deed contains his or her will.2 in this case the witnesses must not only attest to the testator's declaration and their judgment concerning his or her testamentary capacity but must also confirm, by appending their signatures, that the deed was read out to the testator by the official in their presence.e. persons involved art. 503 1 persons who lack capacity to act, have been deprived of their civil rights due to a criminal conviction467 or are unable to read or write, lineal relatives468 or siblings of the testator or their spouses and the testator's spouse are not permitted to act as authenticating officials or witnesses when making a will in the form of a public deed.2 no disposition may be made in the will in favour of any authenticating officer or witness or his or her lineal relatives, siblings or spouse.467 the suspension of civil rights and privileges due to criminal conviction has been abolished (see as 1971 777; bbl 1965 i 561 and as 1974 55; bbl 1974 i 1457).468 term amended by no i 3 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).f. safekeeping of wills art. 504 the cantons must ensure that public officials entrusted with wills either keep the original or a copy of such deeds themselves or else forward them to an authority for safekeeping.3. holographic will art. 505 1 a holographic will must be written in the testator's own hand from start to finish, include an indication of the day, month and year on which it is drawn up, and be signed by the testator.4692 the cantons must ensure that such wills can be forwarded, whether open or sealed, to an authority for safekeeping.469 amended by no i of the fa of 23 june 1995, in force since 1 jan. 1996 (as 1995 4882; bbl 1994 iii 516, v 607).4. oral will a. dispositions art. 506 1 where the testator is prevented from using any other form of will by extraordinary circumstances such as the imminent risk of death, breakdown in communications, epidemic or war, he or she is entitled to make a will in oral form.2 to do so, he or she must declare his or her will in the presence of two witnesses and instruct them to have it drawn up as required in the form of a deed.3 the witnesses are subject to the same disqualification provisions as apply to wills made in the form of public deeds.b. conversion into deed art. 507 1 the oral will, including the place, day, month and year, must be written down immediately by one of the witnesses, then signed by both and lodged without delay with a judicial authority together with a declaration that the testator was in full possession of his or her testamentary capacity and that he or she informed them of his or her will in the special circumstances prevailing at that time.2 the two witnesses may instead have the will recorded by a judicial authority along with the same declaration.3 if the testator makes his or her oral will while on military service, an officer with the rank of captain or higher may take the place of the judicial authority.c. loss of validity art. 508 if the testator subsequently has the opportunity to draw up his or her will in another form, the oral will ceases to be valid 14 days after such opportunity arises.ii. revocation and destruction 1. revocation art. 509 1 the testator may revoke his or her will at any time in one of the forms envisaged for drawing it up.2 such revocation may apply to all or part of the will.2. destruction art. 510 1 the testator may revoke his or her will by destroying the deed.2 if the deed is destroyed by others wilfully or by accident, the will likewise becomes void inasmuch as its content may no longer be ascertained precisely and completely; claims for damages are reserved.3. subsequent wills art. 511 1 if the testator makes a will without expressly revoking a previous will, the later will supersedes the earlier unless it is manifestly no more than a codicil thereto.2 likewise, a bequest of a specific object is revoked if the testator subsequently makes a new disposition of the same object that is incompatible with the previous disposition.b. contracts of succession i. execution art. 512 1 in order to be valid, a contract of succession must meet the same formal requirements as a will executed as a public deed.2 the contracting parties must simultaneously declare their intentions to the public official and sign the deed before him or her and two witnesses.ii. revocation 1. inter vivos a. by contract and by will art. 513 1 the contract of succession may be revoked at any time by written agreement between the parties.2 the testator may unilaterally revoke the naming of an heir or a legacy provided the heir or legatee is guilty of conduct constituting grounds for disinheritance after the contract was concluded.3 the unilateral revocation must be done in one of the forms prescribed for drawing up wills.b. by withdrawal from the contract art. 514 a person entitled to benefits inter vivos under a contract of succession may declare his or her withdrawal from the contract in accordance with the provisions of the code of obligations470 in the event of failure to perform such benefits or to furnish security for them.470 sr 2202. predeceased heir art. 515 1 where the heir or legatee does not survive the testator, the contract becomes void.2 where at the time of the heir's death the testator has been enriched as a result of the contract of succession, unless otherwise provided, the heirs of the deceased may demand restitution of the amount involved.c. restriction of testamentary freedom art. 516 if a testator becomes subject to a restriction of testamentary freedom after he or she has made a testamentary disposition, the disposition is not annulled but is subject to action in abatement.section five: executors a. appointment of executors art. 517 1 in the will, the testator may appoint one or more persons with capacity to act to execute the will.2 the probate authority shall notify these persons of the appointment ex officio and they must state whether they accept it within 14 days of such notification, silence being deemed tacit acceptance.3 they are entitled to adequate recompense for their activities.b. function of an executor art. 518 1 unless otherwise provided by the testator, the executors have the same rights and duties as an official estate administrator.2 the executors' function is to represent the testator's wishes and, in particular, to administer the estate, settle debts left by the testator, distribute legacies and divide the estate in accordance with the testator's instructions or as required by law.3 where more than one executor has been appointed, these powers are exercised jointly, unless the testator has provided otherwise.section six: declaration of invalidity and abatement of dispositions a. action for declaration of invalidity i. on grounds of lack of testamentary capacity, lack of free will, unlawfulness or immorality art. 519 1 where contested, a testamentary disposition may be declared invalid:1. if it was made by the testator at a time when he or she lacked testamentary capacity;2. if it is the product of a lack of free will;3. if its content or a condition attached to it is immoral or unlawful.2 an action of declaration of invalidity may be brought by any interested heir or legatee.ii. on grounds of formal defect 1. in general471 471 amended by no i of the fa of 23 june 1995, in force since 1 jan. 1996 (as 1995 4882; bbl 1994 iii 516, v 607).art. 520 1 if the testamentary disposition is formally defective, it is declared invalid on being contested before a court.2 if the formal defect consists in the certain persons being party to the execution of the disposition who or whose family members are beneficiaries under the testamentary disposition, only the clauses relating to those beneficiaries shall be declared invalid.3 the right of action is governed by the same provisions as apply in the event of a lack of testamentary capacity.2. in holographic wills art. 520a472 if the formal defect in a holographic will consists in the day, month or year not being indicated correctly or at all, the will may be declared invalid only if the precise date cannot be ascertained in some other manner and is necessary in order to determine the testator's testamentary capacity, the chronological order of multiple wills or any other issue affecting the validity of the will.472 inserted by no i of the fa of 23 june 1995, in force since 1 jan. 1996 (as 1995 4882; bbl 1994 iii 516, v 607).iii. prescription art. 521 1 the right to bring an action of declaration of invalidity prescribes one year after the contesting party learned of the will and the ground for nullity and in any event a maximum of ten years after the commencement of probate proceedings.2 in all cases, the right to bring an action on grounds of lack of testamentary capacity, immorality or unlawfulness against a beneficiary acting in bad faith does not prescribe until 30 years have elapsed.3 invalidity may be invoked as a defence at any time.b. action in abatement i. requirements 1. in general art. 522 1 where the testator has exceeded his or her testamentary freedom, those heirs who do not receive the full value of their statutory entitlement may sue to have the disposition abated to the permitted amount.2 clauses contained in testamentary dispositions relating to the entitlements of the statutory heirs are deemed merely to be instructions for dividing the estate unless it is evident from the disposition that the testator intended otherwise.2. bequests in favour of heirs with a statutory entitlement art. 523 where a testamentary disposition contains legacies in favour of several heirs with a statutory entitlement and the testator has exceeded his or her testamentary freedom, such legacies shall be abated among the co-heirs in proportion to the amounts by which they exceed each co-heir's statutory entitlement.3. rights of creditors art. 524 1 where the testator has exceeded his or her testamentary freedom to the detriment of an heir and the latter fails to bring a action in abatement despite being instructed to do so by the bankruptcy administrators or by creditors holding unpaid debt certificates on succession, the administrators or creditors themselves may bring an action in abatement for the amount necessary to cover their claims within the same time limit that applies to the heir.2 the same right applies in the case of a disinheritance not contested by the person disinherited.ii. effect 1. of abatement in general art. 525 1 abatement is applied in equal proportion in respect of all named heirs and legatees unless it is evident from the disposition that the testator intended otherwise.2 where the abatement applies to a legacy whose beneficiary is also the obligor of other legacies, subject to the same proviso such beneficiary may request that those other legacies be abated proportionately.2. on specific legacies art. 526 where a specific legacy that cannot be divided without loss of value is to be abated, the legatee may either claim it and pay the balance or claim the disposable amount in lieu of the object.3. on dispositions inter vivos a. cases art. 527 the following are subject to abatement in the same manner as testamentary dispositions:1. advances against a person's share of an inheritance made in the form of wedding gifts, settlements or assignments of assets, to the extent these are not subject to hotchpot;2. compensation payments in settlement of future rights of inheritance;3. gifts that were freely revocable by the deceased or made in the five years prior to his or her death, with the exception of customary occasional gifts;4. assets alienated by the deceased with the obvious intention of circumventing the limitations on his or her testamentary freedom.b. restitution art. 528 1 a person acting in good faith has a duty of restitution only to the extent that he or she is still enriched by such transactions with the deceased at the time of succession.2 where benefits conferred under a contract of succession are subject to abatement, the beneficiary is entitled to reclaim a proportionate amount of the counter-performance made to the testator.4. on assurance claims art. 529 where a life assurance claim maturing on the death of the deceased was established in favour of a third party by a disposition inter vivos or by a testamentary disposition or was transferred by the deceased during his or her lifetime to a third party without valuable consideration, such claim is subject to abatement at its redemption value.5. on usufruct and annuities art. 530 if the testator has encumbered the estate with rights of usufruct and annuities such that their capitalised value over their probable duration exceeds the disposable part of the estate, the heirs are entitled either to seek proportionate abatement of such rights or to redeem them by surrendering the disposable part of the estate to the beneficiaries.6. on naming of remaindermen art. 531473 the naming of a remainderman in respect of an heir entitled to a statutory entitlement is invalid as to that part of the estate; the provision on issue who are incapable of judgement is reserved.473 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).iii. order of abatement art. 532 abatement applies first to testamentary dispositions and thereafter to dispositions inter vivos in reverse chronological order until the statutory entitlement has been reconstituted.iv. prescription art. 533 1 a claim in abatement prescribes one year after the date on which the heirs learned of the infringement of their rights and in any event after ten years have elapsed since the succession, in the case of testamentary disposition, or since the testator's death, in the case of other dispositions.2 if the declaration of the invalidity of a later disposition revives an earlier one, the prescriptive periods begin on the date on which invalidity was declared.3 the entitlement to abatement may be invoked as a defence at any time.section seven: claims under contracts of succession a. claims in respect of lifetime transfers art. 534 1 if the testator transfers his or her property during his or her lifetime to the contractual heir, the latter may arrange for a public inventory to be taken.2 where the testator has not transferred all his or her property or has acquired property since the transfer, except where otherwise provided the contract applies only to the property transferred.3 where such transfer takes place during the testator's lifetime, except where otherwise provided all rights and obligations arising from the contract pass to the heirs of the named heir.b. hotchpot in the case of renunciation of inheritance i. abatement art. 535 1 if the testator during his or her lifetime conferred benefits on a renouncing heir that exceed that heir's share of the estate, his or her co-heirs may request abatement.2 however, such benefits are subject to abatement only to the extent they exceed the statutory entitlement of the renouncing heir.3 allowance is made for them according to the provisions governing hotchpot.ii. reimbursement art. 536 if as a result of abatement a renouncing heir is obliged to reimburse the estate, he or she has the choice of either taking the reimbursement upon himself or of placing the entire benefit into hotchpot and participating in the division as if he or she had never renounced.division two: succession title fifteen: commencement of the succession process a. requirements for the deceased art. 537 1 succession commences on the death of the deceased.2 insofar as dispositions and divisions made during deceased's lifetime are relevant under law of succession, they are taken into account according to the condition of the estate as at the time of his or her death.b. place where succession commences474 474 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).art. 538 1 the succession process commences in respect of the entire estate at the deceased's last domicile.2 .475475 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).c. requirements for the heirs i. capacity 1. legal capacity art. 539 1 every person is capable of being an heir and acquiring property by testamentary disposition unless by law he or she is deemed incapable of inheritance.2 bequests with a designated purpose to groups of persons not constituting a legal entity are acquired by all such persons individually with an obligation to use them as prescribed or, where this is not practical, give rise to a trust.2. unworthiness to inherit a. grounds art. 540 1 a person is unworthy of inheriting or acquiring anything by a testamentary disposition if:1. he or she wilfully and unlawfully caused or attempted to cause the death of the person now deceased;2. he or she wilfully and unlawfully rendered the person now deceased permanently incapable of making a testamentary disposition;3. by malice, coercion or threat he or she induced the person now deceased to make or revoke a testamentary disposition or prevented him or her from doing so;4. he or she wilfully and unlawfully eliminated or invalidated a testamentary disposition in such a manner as to prevent the person now deceased from drawing up a new one.2 unworthiness to inherit does not apply if the person now deceased has forgiven the person concerned.b. effect on issue art. 541 1 unworthiness to inherit applies only to the person concerned.2 his or her issue inherit from the deceased as if the person unworthy to inherit were predeceased.ii. capacity to inherit on succession 1. as heir art. 542 1 in order to inherit, an heir must be alive and capable of inheriting at the time of succession.2 if an heir dies after commencement of succession, his or her rights of inheritance in respect of the estate pass to his or her own heirs.2. as legatee art. 543 1 a legatee surviving the testator and capable of inheriting acquires a claim to the legacy.2 if he or she dies before the testator, his or her legacy is extinguished in favour of the person who would have been obliged to deliver the legacy to him, unless some other intention is evident from the disposition.3. unborn child art. 544 1 a child is capable of inheriting from the moment of conception onwards, providing he or she is subsequently born alive.1bis if it is required to protect the child's interests, the child protection authority shall establish a deputyship.4762 if the child is stillborn, it is disregarded for inheritance purposes.477476 inserted by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).477 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).4. remaindermen art. 545 1 the testator may bequeath his or her estate or part thereof to a person not yet living when succession commences by designating such person a remainderman.2 where no provisional heir is named, the statutory heirs are deemed to be the provisional heirs.d. presumption of death i. inheriting from persons presumed dead 1. devolution against security art. 546 1 where a person has been declared presumed dead, before his or her heirs or legatees succeed to the estate, they must furnish security for the restitution of the property to those with a prevailing claim or to the missing person himself.2 such security shall be furnished for five years in the case of disappearance in life-threatening circumstances and for 15 years in the case of absence without sign of life, but never beyond the date on which the missing person would have become 100 years old.3 the five-year period runs from the date on which the estate is transferred and the 15-year period from the last sign of life.2. annulment of presumption of death and restitution art. 547 1 if the person who is presumed dead returns or other parties assert prevailing claims to the estate, those put in possession of the estate must return it according to the rules governing possession.2 provided they acted in good faith, they are liable to parties with prevailing claims only during the period in which action may be brought for reclamation of the estate.ii. succession rights of persons presumed dead art. 548 1 if it is impossible to determine whether an heir is alive or dead when succession commences because he or she has disappeared, his or her share of the inheritance is placed under official administration.2 those who would succeed to the missing heir's share if he or she were dead may request the court to declare the heir presumed dead one year after his or her disappearance in life-threatening circumstances or five years after the last sign of life and, once such declaration has been made, may apply for release of their shares of his or her inheritance.3 such shares are released according to the provisions governing release to the heirs of persons presumed dead.iii. correlation of the two cases art. 549 1 if the heirs of the person presumed dead are already in possession of his or her property and an inheritance passes to him or her, his or her co-heirs may invoke this fact and request that such inheritance be released to them without need for a second declaration of presumed death.2 the heirs of the person presumed dead may likewise invoke a declaration of presumed death obtained by the co-heirs.iv. procedure ex officio art. 550 1 where the missing person's property or succession rights have been under official administration for ten years or more, or he or she would have reached the age of 100, at the request of the competent authority the declaration of presumed death is pronounced ex officio.2 if no rightful heirs come forward during the public notice period, the property of the person presumed dead passes to the state authority with right to succeed or, if he or she was never resident in switzerland, to the canton of origin.3 the local authority or canton concerned has the same duty of restitution as those put in possession of the estate towards the person presumed dead and parties with prevailing claims.title sixteen: effect of succession chapter one: measures to safeguard succession a. in general art. 551 1 the competent authority must of its own accord take all measures necessary to ensure proper succession.4782 in the cases envisaged by law, in particular, such measures include sealing the estate, drawing up the inventory, appointing the estate administrators and reading out the wills of the deceased.3 .479478 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).479 repealed by annex no 2 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).b. sealing the estate art. 552 the order to seal the estate is given whenever provided for by cantonal law.c. inventory art. 553 1 the order to draw up an inventory is given:1. where an heir is under guardianship or is to be made a ward of court;2. where an heir is permanently absent and without representation;3. at the request of one of the heirs;4. where an adult heir is or is to be made subject to a general deputyship.4802 the inventory is drawn up in accordance with the provisions of cantonal law and normally must be completed within two months of the death of the deceased.3 cantonal legislation may require that an inventory be drawn up in other cases.480 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).d. estate administrators i. in general art. 554 1 estate administrators are appointed:1. where such an appointment is in the best interests of an heir who is permanently absent and without representation;2. where none of the claimants may adequately establish his or her succession rights or the existence of an heir is uncertain;3. where not all heirs are known;4. in special cases provided for by law.2 where the deceased had named an executor, administration of the estate is entrusted to him or her.3 where the deceased was subject to a deputyship that covers asset management, the deputy is responsible for administering the estate unless other instructions apply.481481 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).ii. in the case of unknown heirs art. 555 1 if the authority is uncertain as to whether the deceased is survived by heirs or whether it is aware of all the heirs, the authority must by appropriate public means call on all persons with succession rights to come forward and claim them within one year.2 if no such person comes forward during this time and if no heirs are known to the authority, the estate passes to the state authority with right to succeed, subject to any action for recovery of inheritance.e. probate proceedings i. duty to submit the will art. 556 1 if the deceased left a will, this must be submitted to the authority without delay even if it appears to be invalid.2 the public official by whom the will was recorded or with whom it was deposited or any other person who had custody of the will or found it among the personal effects of the deceased is personally responsible on learning of the testator's death for ensuring that the will is submitted to the authority.3 once the will has been submitted, the authority must, where feasible after hearing all interested parties, either release the estate to the statutory heirs on a provisional basis or appoint estate administrators.ii. reading the will art. 557 1 the testator's will must be opened and read out by the competent authority within one month of its submission.2 all heirs known to the authority are summoned to attend the reading.3 if the testator left more than one will, all are to be submitted to the authority and opened and read out by it.iii. notification of interested parties art. 558 1 at the estate's expense, all interested parties receive a copy of the provisions of the will as relate to them.2 legatees of unknown whereabouts are informed by appropriate public notice.iv. release of the estate art. 559 1 one month after notification of the interested parties, at the request of the named heirs the probate authority issues such persons with a certificate confirming them as heirs, subject to action of declaration of invalidity and for recovery of inheritance, providing their entitlement has not expressly been challenged by the statutory heirs or the legatees of an earlier will.2 at the same time the estate administrator will be instructed, where applicable, to release the estate into their possession.chapter two: vesting of the estate a. vesting i. heirs art. 560 1 on the death of the deceased, the estate in its entirety vests by operation of law in the heirs.2 subject to the statutory exceptions, the deceased's claims, rights of ownership, limited rights in rem and rights of possession automatically pass to the heirs and the debts of the deceased become the personal debts of the heirs.3 vesting in the named heirs takes effect retroactively from the date on which the succession process commenced and the statutory heirs must relinquish the estate to them according to the rules governing possession.ii. . art. 561482 482 repealed by no i 2 of the fa of 5 oct. 1984, with effect from 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).iii. legatees 1. vesting art. 562 1 the legatees have a personal claim against the obligors of their legacies or, where no-one is specifically named as such, against the legal or named heirs.2 unless otherwise provided by testamentary disposition, the claim becomes due once the obligor has accepted the inheritance or is no longer able to disclaim it.3 if the heirs fail to fulfil their obligation, they may be sued for release of the bequeathed property or, where the legacy pertains to performance of some action, for damages.2. object art. 563 1 where the bequest to the legatee is a usufruct or annuity or other recurring benefit, unless otherwise stipulated, his or her claim is determined according to the provisions of property law and the code of obligations.2 if the legacy is a life assurance claim maturing on the death of the testator, the legatee is entitled to assert that claim directly.3. relationship between creditors and legatees art. 564 1 the claims of the testator's creditors precede those of legatees.2 the claims of the heir's creditors rank equally with those of the testator's creditors, provided the heir acquired the inheritance without reservation.4. abatement art. 565 1 if, after the legacies have been distributed, the heirs pay debts of the estate that were previously unknown to them, they are entitled to reimbursement from the legatees of an amount corresponding to the proportionate abatement of such legacies that the heirs could have claimed.2 however, the legatees may be held liable only in the amount by which they are enriched at the time such reimbursement is demanded.b. disclaimer i. declaration 1. right to renounce art. 566 1 the legal and named heirs are entitled to disclaim the inheritance passing to them.2 there is a presumption of a disclaimer if at the time of his or her death the deceased had been officially declared insolvent or was manifestly insolvent.2. time limit a. in general art. 567 1 the time limit for a disclaimer is three months.2 for statutory heirs, this limit begins on the date on which they learned of the death, unless they can show that they did not learn of their succession rights until later, and for named heirs it begins on the date on which they received official notification of the testator's disposition.b. in the case of an inventory art. 568 if an inventory has been drawn up as a precautionary measure, the disclaimer time limit for all heirs begins on the date on which the authority notified them that the inventory was complete.3. passing of right to disclaim art. 569 1 if an heir dies before disclaiming or accepting an inheritance, the right to disclaim passes to his or her heirs.2 for such heirs, the disclaimer time limit begins on the date on which they learned that the inheritance passed to the deceased heir and ends no sooner than the date on which the time limit for disclaiming the inheritance from the deceased heir expires.3 where such heirs disclaim the inheritance and it passes to other heirs who previously had no succession rights, the disclaimer time limit for the latter begins on the date on which they learned of the disclaimer.4. form art. 570 1 an heir must declare his or her disclaimer orally or in writing to the competent authority.2 it must be unconditional and without reservation.3 the authority keeps an official record of disclaimers.ii. forfeiture of right to disclaim art. 571 1 if the heir fails to declare that he or she disclaims the inheritance within the relevant time limit, he or she acquires it without reservation.2 where an heir has interfered in the affairs of the estate before expiry of the disclaimer time limit or has acted in a manner not conducive to administering the estate or maintaining the deceased's business activities, or where he or she has appropriated or concealed objects belonging to the estate, he or she is no longer entitled to disclaim the inheritance.iii. disclaimer by one co-heir art. 572 1 where the deceased has not made a testamentary disposition and one of two or more heirs disclaims the inheritance, his or her share of the estate passes to the other heirs as if he or she had predeceased.2 where the deceased has made testamentary disposition, any share of the estate disclaimed by a named heir passes to the testator's nearest statutory heirs, unless other intentions on the part of the testator are evident from the disposition.iv. disclaimer by all the nearest heirs 1. in general art. 573 1 where the inheritance is disclaimed by all the nearest heirs, the estate is liquidated by the bankruptcy office.2 if liquidation produces a surplus after payment of debts, this passes to those entitled to inherit as if they had not disclaimed it.2. entitlement of surviving spouse art. 574 if the deceased's issue have disclaimed the inheritance, the authority notifies the disclaimer to the surviving spouse, who is entitled to declare acceptance within one month.3. disclaimer in favour of subsequent heirs art. 575 1 when disclaiming the inheritance, the heirs may request that it be offered to their subsequent heirs before the estate is liquidated.2 in this event, the authority informs the subsequent heirs that the preceding heirs have disclaimed, and if the former fail to declare their acceptance of the inheritance within one month, they are likewise deemed to have disclaimed it.v. extension of time limit art. 576 where there is good cause, the competent authority may grant the legal and named heirs an extension of the time limit or set a new one.vi. disclaimer of a legacy art. 577 where a legatee disclaims a legacy, it becomes void in favour of the obligor, unless other intentions on the part of the testator are evident from his or her disposition.vii. security for the heir's creditors art. 578 1 where an overindebted heir has disclaimed an inheritance in order to withhold it from his or her creditors, the latter or the bankruptcy administrators may challenge the disclaimer within six months unless their claims are secured.2 if their challenge is upheld, the inheritance is placed in official liquidation.3 any surplus serves first to satisfy the challenging creditors and any balance remaining after redemption of the other debts passes to the heirs in whose favour the disclaimer was made.viii. liability in the event of disclaimer art. 579 1 where the deceased was insolvent and his or her heirs disclaim the inheritance, they remain liable to his or her creditors to the extent that in the five years prior to his or her death they received property or assets from him or her which on division of the estate would have been subject to hotchpot.2 the endowment of newly-weds according to local custom and the costs of raising and educating children are not affected by such liability.3 heirs acting in good faith are liable only to the extent they are still enriched.chapter three: public inventory a. requirements art. 580 1 any heir entitled to disclaim his or her inheritance has the right to request a public inventory.2 the request must be made to the competent authority within one month in the same form as the disclaimer.3 a request made by one heir is also valid for the others.b. procedure i. inventory art. 581 1 the public inventory is drawn up by the competent authority in accordance with the provisions of cantonal law and consists of a list of all the assets and debts of the estate, together with an appraisal of the value of each item in the inventory.2 any person able to provide information on the financial circumstances of the deceased is personally obliged to give the authority all the information it requires.3 in particular, the heirs must inform the authority of any debts of the deceased that are known to them.ii. formal call to account art. 582 1 in the course of drawing up the inventory, the authority shall make a formal call to account whereby appropriate public notices are issued calling on all creditors and debtors of the deceased, including creditors under a surety, to come forward and register their claims and debts within a specified time limit.2 such notices must alert the creditors to the consequences of any failure to register.3 the time limit for registering must not be earlier than one month from the date of the first public notice.iii. inclusion ex officio art. 583 1 claims and debts evident from the public registers or from the papers of the deceased are included ex officio.2 the debtors and creditors must be notified of any such inclusion.iv. result art. 584 1 on expiry of the published time limit, the inventory is closed and made available for perusal by all interested parties for at least one month.2 the costs are borne by the estate and, where this is insufficient, by the heirs who requested the inventory.c. situation of the heirs during the inventory i. administration art. 585 1 while the inventory is being drawn up, only the necessary administrative actions may be taken.2 where the authority authorises an heir to continue the deceased's business activities, the co-heirs may request that security be furnished.ii. debt enforcement, litigation, prescription art. 586 1 while the inventory is being drawn up, no action may be taken to enforce the debts of the deceased.2 .4833 except in urgent matters, court proceedings may neither be commenced nor continued.483 repealed by annex no 3 of the fa of 15 june 2018 (revision of the law on prescription), with effect from 1 jan. 2020 (as 2018 5343; bbl 2014 235).d. effect i. time limit for declaration of intention art. 587 1 once the inventory is closed, all the heirs are requested to declare within one month their intentions with regard to acquiring the inheritance due to them.2 where justified in the circumstances, the competent authority may set a further time limit for obtaining appraisals, settling disputed claims and the like.ii. declaration of intention art. 588 1 during the set time limit, an heir may disclaim his or her inheritance or request official liquidation or accept the inheritance either subject to public inventory or without reservation.2 where an heir makes no declaration, he or she is deemed to have accepted the inheritance subject to public inventory.iii. effects of acceptance subject to public inventory 1. liability as per inventory art. 589 1 where an heir accepts the inheritance subject to public inventory, the debts of the deceased listed in the inventory and the assets pass to him or her.2 the acquisition of the inheritance with all attendant rights and obligations takes effect retroactively from the date on which the succession process commenced.3 the heir is liable for debts listed in the inventory both with the inheritance and with his or her own assets.2. liability beyond the inventory art. 590 1 the heirs are not liable either personally or with the inheritance towards creditors of the estate whose claims were not included in the inventory because the creditors failed to register them in time.2 where such failure to register claims in the inventory was through no fault of the creditor or his or her claims were not included in the inventory despite having been registered, the heir is liable to the extent he or she is enriched by the inheritance.3 in all cases, creditors may assert claims to the extent these are secured by a lien on the estate assets.e. liability for debts subject to a surety art. 591 any debts under a surety given by the deceased are listed separately in the inventory and may be asserted against an heir, even where he or she accepts the inheritance, only in the amount that would be allocated to the surety debt if all debts of the estate were to be redeemed under the rules governing bankruptcy.f. acquisition by a state authority art. 592 where an estate passes to a state authority, a formal call to account is made ex officio and the state authority is liable for the debts of the estate only in the amount of the assets it has inherited from the estate.chapter four: official liquidation a. requirements i. at the request of an heir art. 593 1 rather than disclaim the inheritance or accept it subject to public inventory, each heir is entitled to request official liquidation.2 however, such request may not be granted if at least one co-heir accepts the inheritance.3 in the event of official liquidation, the heirs are not liable for the debts of the estate.ii. at the request of the deceased's creditors art. 594 1 where the deceased's creditors have good cause to fear that their claims will not be met and such claims are not satisfied or secured at their request, within three months of the death of the deceased or the reading of the will they may demand the official liquidation of the estate.2 subject to the same conditions, legatees may request provisional measures by way of security.b. procedure i. administration art. 595 1 the official liquidation is carried out by the competent authority or by one or more estate administrators acting at the authority's behest.2 it begins with the taking of an inventory and the attendant formal call to account.3 the estate administrator is under the authority's supervision and the heirs may appeal to the authority against any measures taken or planned by the administrator.ii. ordinary liquidation art. 596 1 for the purpose of liquidation, any business activities of the deceased still in operation are brought to a close, his or her obligations are performed, his or her claims are called in, his or her legacies are distributed where possible, his or her rights and duties are determined at law, where necessary, and his or her assets are converted into cash.2 land formerly belonging to the deceased is sold at public auction; it may be disposed of by private sale only with the consent of all the heirs.3 the heirs are entitled even during the liquidation process to request that some or all of the objects and monies that are not required for the liquidation be released into their possession.iii. liquidation by the bankruptcy office art. 597 if the estate is overindebted, its liquidation is carried out by the bankruptcy office in accordance with the provisions governing bankruptcy.chapter five: action for recovery of inheritance a. requirements art. 598 1 a person who believes that, as a legal or named heir, he or she has a better claim than the current possessor to an estate or a part thereof may assert his or her claim by bringing an action for recovery of inheritance.2 .484484 repealed by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).b. effect art. 599 1 if the claim is upheld, the possessor must relinquish the estate or the part thereof to the claimant in accordance with the rules governing possession.2 the defendant cannot invoke adverse possession in respect of property belonging to the estate.c. prescription art. 600 1 the right to bring an action for recovery of inheritance against a defendant acting in good faith prescribes one year after the date on which the claimant learned that the property was possessed by the defendant and that he or she has a better claim to it, but in all cases ten years after the death of the deceased or the date on which the will was read.2 the prescriptive period for the right to bring an action against a defendant acting in bad faith is always 30 years.d. action by a legatee art. 601 the right of a legatee to bring an action prescribes ten years after notification of the testamentary disposition or from the subsequent date on which the legacy became due.title seventeen: division of the estate chapter one: community of heirs prior to division a. effect of succession i. community of heirs art. 602 1 where several heirs inherit the estate, on succession and until such time as it is divided they form a community in respect of all rights and obligations of the estate.2 they become joint owners of the property belonging to the estate and have joint power of disposal over the rights of the estate, subject to contractual or statutory powers of representation and administration.3 at the request of one co-heir, the competent authority may appoint a representative of the community of heirs until the estate is divided.ii. liability of the heirs art. 603 1 the heirs are jointly and severally liable for the debts of the deceased.2 the appropriate compensation due to children or grandchildren for contributions made to the household they shared with the deceased must be added to the debts of the estate unless this would render the estate overindebted.485485 inserted by no i 1 of the fa of 6 oct. 1972, in force since 15 feb. 1973 (as 1973 93; bbl 1970 i 805, 1971 i 737).b. right to division art. 604 1 any heir may at any time request that the estate be divided unless he or she is under a contractual or statutory obligation to remain a member of the community of heirs.2 on application by an heir, the court may order a temporary deferral of the division of the estate or specific parts thereof where immediate division would substantially impair their value.3 where one heir is insolvent, his or her co-heirs may apply for provisional measures to secure their own claims immediately upon succession.c. deferral of division art. 605 1 if on succession the rights of an unborn child need to be taken into consideration, the division of the estate must be deferred until the child is born.2 in the interim, the child's mother is entitled to enjoy the benefits of the joint estate to the extent required for her maintenance.d. claims of household members art. 606 heirs who were members of the household of and maintained by the deceased at the time of his or her death may demand that they be maintained for a further month at the estate's expense.chapter two: method of division a. in general art. 607 1 statutory heirs must divide the estate among themselves and with the named heirs according to the same principles.2 except where provided otherwise, they are free to decide on the method of division.3 co-heirs in possession of estate property or in debt to the deceased must provide precise information regarding such circumstances prior to the division.b. instructions concerning the division i. testamentary disposition art. 608 1 the testator is entitled by means of testamentary disposition to give his or her heirs instructions concerning the division and the formation of portions.2 such instructions are binding on the heirs, subject to measures to balance out the portions in the event of an inequality not intended by the testator.3 unless other intentions on the part of the testator are evident from his or her disposition, any bequest of a given part of the estate to one particular heir is deemed to be merely an instruction concerning the division rather than a specific legacy.ii. assistance from the authorities art. 609 1 at the request of a creditor who has acquired or distrained an inheritance that has passed to an heir or who holds unpaid debt certificates against him or her, the authorities must assist in the division in place of that heir.2 cantonal law may provide for official intervention in the division process in other cases.c. performing the division i. equal rights of heirs art. 610 1 except where other provisions apply, all heirs have an equal right to the estate property.2 they must disclose to each other all circumstances concerning their relationship with the deceased insofar as these pertain to the just and equitable division of the estate.3 each heir may request that the debts of the deceased be redeemed or secured prior to division of the estate.ii. formation of lots art. 611 1 the heirs form as many portions or lots as there are heirs or stirpes.2 if they are unable to reach agreement, at the request of one heir the competent authority must form the lots with due regard to local custom and the personal circumstances and wishes of the majority of the co-heirs.3 the lots are distributed among the heirs either as agreed or by the drawing of lots.iii. allocation and sale of specific objects art. 612 1 where the value of an object belonging to the estate would be substantially diminished if such object were divided, it is allocated in its entirety to one of the heirs.2 where the heirs are unable to agree on the division or allocation of an object, it must be sold and the proceeds divided.3 at the request of an heir, such sale must be carried out at auction and, in the absence of agreement among the heirs, the competent authority decides whether such auction is to be public or only among the heirs.iv. allocation of the home and household effects to the surviving spouse art. 612a486 1 where the house or apartment in which the spouses lived or the household effects form part of the estate, the surviving spouse may request that such property be allocated to him or her against his or her portion.2 where justified in the circumstances, at the request of the surviving spouse or the other statutory heirs of the deceased, a usufruct or right of residence may be granted rather than ownership of the home.3 the surviving spouse cannot claim such rights in respect of premises in which the deceased practised a profession or ran a business and which are required by one of his or her issue in order to continue the profession or business, subject to the provisions of agricultural law of succession.4 the same provisions apply mutatis mutandis to registered partners.487486 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).487 inserted by annex no 8 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).d. special items i. items that belong together, family documents art. 613 1 items which by their nature belong together must not be separated if one of the heirs objects to such separation.2 family documents and items of special sentimental value to the family must not be sold if any of the heirs objects.3 if the heirs cannot reach agreement, the competent authority decides whether to sell such items or to allocate them, against the recipient's portion or otherwise, giving due regard to local custom and, in the absence of such custom, to the personal circumstances of the heirs.i.bis agricultural inventory art. 613a488 where the tenant of an agricultural enterprise dies and one of his or her heirs continues the lease on his or her own, on request he or she may have the entire inventory (livestock, machinery, supplies, etc.) allocated to him or her and charged to his or her portion at its utility value.488 inserted by art. 92 no 1 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).ii. claims of the deceased against his or her heirs art. 614 claims of the deceased against an heir are charged to the latter's portion.iii. pledged estate property art. 615 if as a result of the division an heir receives estate property that is pledged to secure the debts of the deceased, the debt to the pledgee is likewise transferred to him or her.art. 616489 489 repealed by art. 92 no 1 of the fa of 4 oct 1991 on rural land rights, with effect from 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).iv. land 1. method of allocation a. imputed value art. 617490 land is charged to the heirs' portions at its market value as at the time of the division.490 amended by art. 92 no 1 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).b. valuation procedure art. 618 1 where the heirs are unable to agree on the market value, it is estimated by an officially appointed expert.4912 .492491 amended by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).492 repealed by no i 1 of the fa of 6 oct. 1972, with effect from 15 feb. 1994 (as 1973 93; bbl 1970 i 805, 1971 i 737).v. agricultural businesses and land art. 619493 the method of including and allocating agricultural enterprises and agricultural land is governed by the federal act of 4 october 1991494 on rural land rights.493 amended by art. 92 no 1 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).494 sr 211.412.11art. 620-625495 495 repealed by art. 92 no 1 of the fa of 4 oct 1991 on rural land rights with effect from 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).chapter three: hotchpot a. hotchpot duty of the heirs art. 626 1 the statutory heirs are under a mutual obligation to place into hotchpot any property received from the deceased during his or her lifetime as advancements against their share of the estate.2 unless the deceased expressly instructed otherwise, anything gifted or granted to his or her issue by way of dowry, endowment or assignment of assets, debt remission and the like is subject to hotchpot.b. hotchpot if heirs cease to be heirs art. 627 1 if a person ceases to be an heir before or after succession, his or her duty of hotchpot passes to the heirs that replace him or her.2 the issue of an heir have a duty of hotchpot in respect of advancements made in his or her favour even if those advancements have not devolved on them.c. calculation method i. in kind or by imputation of value art. 628 1 when placing property in hotchpot, the heirs may at their discretion do so either in kind or by imputing its value, even if the advancements made in their favour exceed the value of their share of the estate.2 the above provisions are subject to any contrary instructions issued by the testator and to the co-heirs' right to abatement of the advancements.ii. correlation with share of the estate art. 629 1 where advancements to an heir exceed the value of his or her share of the estate, subject to claims in abatement, the surplus is exempt from hotchpot if it may be shown that the deceased intended to favour said heir by such advancements.2 exemption from hotchpot is presumed in the case of endowments in the usual order of magnitude made to the issue on their marriage.iii. hotchpot value art. 630 1 hotchpot is calculated according to the value of the advancements on succession or, where the advanced property has previously been sold, the sale proceeds obtained.2 any expenditure on and damage to the property and the natural produce derived therefrom must be allowed for among the heirs according to the rules governing possession.d. education costs art. 631 1 unless it is shown that the deceased intended otherwise, sums expended by him or her on the upbringing and education of individual children are subject to hotchpot only insofar as they exceed the normal amounts.2 children still in education or who suffer from disabilities must be granted appropriate advance payments on division of the estate.496496 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).e. occasional gifts art. 632 customary occasional gifts are not subject to hotchpot.art. 633497 497 repealed by no i 1 of the fa of 6 oct. 1972, with effect from 15 feb. 1994 (as 1973 93; bbl 1970 i 805, 1971 i 737).chapter four: completion and effect of division a. agreement i. contract of division art. 634 1 the division of the estate becomes binding on the heirs once the lots have been formed and received or on conclusion of the contract of division.2 in order to be valid, the contract of division must be done in writing.ii. contracts regarding shares of the estate art. 635 1 in order to be valid, contracts between heirs regarding assignment of shares of the estate must be done in writing.4982 if such contracts are concluded by an heir with third parties, they do not give the latter any right to participate in the division of the estate, but merely confer a claim on the share allocated to that heir as a result of the division.498 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).iii. contracts prior to succession art. 636 1 contracts concluded without the involvement and authorisation of the testator between one heir and another or between an heir and a third party regarding an inheritance that has not yet devolved on the heir are not binding.2 any performance rendered under such contracts may be reclaimed.b. liability among co-heirs i. warranty art. 637 1 on completion of the division, the co-heirs are mutually liable for the estate property as if they were purchasers and vendors.2 they must mutually warrant the existence of claims allocated to them in the division and, except in the case of securities with a market price, are mutually liable as simple guarantors for the debtor's solvency in the amount at which such claims were brought into account.3 claims under such warranty prescribe one year after the division or the subsequent date on which the claims fell due.ii. challenging the division art. 638 a contract of division may be challenged in accordance with the provisions governing challenge of contract in general.c. liability toward third parties i. joint and several liability art. 639 1 even after the division of the estate, the heirs remain jointly and severally liable with their entire property for the debts of the testator to his or her creditors, providing the latter have not expressly or tacitly agreed to a division or transfer of such debts.2 the joint and several liability of the co-heirs prescribes five years after the division or the subsequent date on which the debt claim fell due.ii. recourse against co-heirs art. 640 1 if an heir has paid a debt owed by the deceased that was not allocated to him or her in the division, or if he or she has paid more of a debt than he or she has assumed, he or she has right of recourse against the co-heirs.2 recourse is taken first against the person who assumed such debt in the division.3 in all other respects, the heirs must bear the debts in proportion to their shares in the estate, unless otherwise agreed.part four: property law division one: ownership title eighteen: general provisions a. nature of ownership i. in general499 499 amended by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).art. 641 1 the owner of an object is free to dispose of it as he or she sees fit within the limits of the law.2 he or she has the right to reclaim it from anyone withholding it from him or her and to protect it against any unwarranted interference.ii. animals art. 641a500 1 animals are not objects.2 where no special provisions exist for animals, they are subject to the provisions governing objects.500 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).b. scope of ownership i. constituent parts art. 642 1 the owner of an object also has ownership of all its constituent parts.2 a constituent part is anything which, according to local custom, is held to be an essential part of an object and which cannot be detached without destroying, damaging or altering it.ii. natural fruits art. 643 1 the owner of an object also has ownership of its natural fruits.2 natural fruits are the periodic produce and revenues customarily derived from an object used according to its purpose.3 prior to separation, the natural fruits are an integral part of the object.iii. accessories 1. definition art. 644 1 any disposition affecting an object also applies to its accessories, unless an exception is made.2 accessories are those chattels which, according to local custom or the clear will of the main object's owner, permanently facilitate the management, use or preservation of the main object and are auxiliary thereto by virtue of having been joined to it, adapted to it or otherwise connected with it.3 if an object is an accessory, it remains so regardless of temporary separation from the main object.2. exclusions art. 645 chattels do not qualify as accessories if they are intended for temporary use or consumption by the possessor of the main object, are not intrinsically related to it or are connected with it only for storage, sale or hire purposes.c. collective ownership i. co-ownership 1. relationship among co-owners art. 646 1 co-ownership exists where several persons own a share in an object which is physically undivided.2 unless otherwise stipulated, they are co-owners in equal measure.3 each co-owner has the rights and obligations of ownership in respect of his or her share in the object, and said share may be alienated and pledged by him or her, or distrained by his or her creditors.2. use and administration rules art. 647501 1 the co-owners may agree rules on use and administration that deviate from the statutory provisions and provide therein that the rules may be amended with the consent of the majority of all co-owners.5021bis any amendment to the provisions of the use and administration rules on the allocation of exclusive rights of use also requires the consent of the co-owners who are directly affected.5032 such rules cannot annul or restrict the rights of each co-owner:1. to request such measures as are necessary to preserve the object's value and serviceability and, where required, to have these ordered by a court;2. to take, on his or her own initiative and at the expense of all co-owners, such measures as are urgently needed to safeguard the object against imminent or incremental damage.501 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).502 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).503 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).3. ordinary administration art. 647a504 1 each co-owner may attend to ordinary administration and in particular carry out repairs, sowing and harvesting, short-term custody and supervision, may conclude contracts for such purposes and may exercise the powers derived from such contracts and from rental, lease, work and service agreements, including the payment and acceptance of monies on behalf of all the co-owners.2 with the consent of the majority of the co-owners, the authority to carry out administration may be submitted to a different regime, subject to the statutory provisions governing necessary and urgent measures.504 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).4. major administrative acts art. 647b505 1 by the consent of a majority of the co-owners together representing a majority share in the object, major administrative acts may be carried out, notably including changes in methods of cultivation or use, conclusion and termination of rental and lease agreements, participation in land improvements and the appointment of an administrator whose authority extends beyond ordinary administrative acts.2 the provisions governing necessary construction work are reserved.505 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).5. construction work a. necessary work art. 647c506 maintenance, reconstruction and renovation work necessary to preserve the object's value and serviceability may be carried out with the consent of the majority of co-owners where such work does not fall under the authority of each individual co-owner to take ordinary administrative steps.506 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).b. useful work art. 647d507 1 renovations and refurbishments aimed at enhancing the value or improving the object's profitability or serviceability require the approval of a majority of the co-owners together representing a majority share in the object.2 alterations which permanently hinder or render unprofitable a co-owner's use or exploitation of the object for its existing purpose may not be carried out without the consent of that co-owner.3 where an alteration would require a co-owner to bear unreasonable costs, in particular because they are disproportionate to the value of his or her share, the alteration may be carried out without his or her consent only if the other co-owners assume such part of his or her share of the costs as exceeds that which he or she may reasonably be expected to meet.507 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).c. works to improve appearance or convenience art. 647e508 1 building works serving merely to embellish the object, improve its appearance or make its use more comfortable or convenient may only be carried out with the consent of all the co-owners.2 if such works are commissioned with the consent of the majority of the co-owners who also represent a majority share in the object, they may be carried out even against the wishes of a dissenting co-owner providing they do not permanently impair the latter's right of use and enjoyment and the other co-owners compensate him or her for the merely temporary impairment and assume his or her share of the costs.508 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).6. power of disposal over the object art. 648509 1 each co-owner is entitled to represent, use and exploit the object insofar as is compatible with the rights of the other co-owners.2 the alienation or encumbrance of the object and the modification of its designated purpose require the consent of all co-owners, unless they have unanimously agreed some other arrangement.3 where mortgage rights or real burdens apply to co-ownership shares, the co-owners are not permitted to further encumber the object itself with such charges.509 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).7. costs and expenses art. 649510 1 except where otherwise provided, the administrative costs, taxes and other expenses arising from co-ownership or in relation to the object in co-ownership are borne by the co-owners in proportion to their shares.2 if a co-owner has borne more than his or her fair share of such costs, he or she is entitled to compensation from the others to an equivalent extent.510 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).8. binding nature of rules and noting in the land register511 511 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 649a512 the use and administration rules agreed by the co-owners, their administrative decisions and all relevant court judgments and orders are also binding on a co-owner's legal successor and on any person acquiring a right in rem to a co-ownership share.2 they may be noted next to co-ownership shares of immovable property in the land register.513512 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).513 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).9. exclusion from collective ownership a. co-owners art. 649b514 1 a co-owner may be excluded from the community of co-owners by court order if, as a result of his or her conduct or that of persons to whom he or she granted use of the object or for whom he or she is responsible, his or her duties towards the other co-owners individually or collectively are so seriously violated that continuation of the community of co-owners becomes unreasonable.2 where the community comprises only two co-owners, each has the right to sue the other; in other cases, unless otherwise agreed, legal action against one co-owner must be authorised by a majority of all the co-owners excluding the person to be sued.3 if the court rules in favour of excluding the defendant, it shall order him or her to alienate his or her share and, should he or she fail to do so within the allowed time limit, shall order it to be sold at public auction in accordance with the provisions governing the forced sale of land to the exclusion of the provisions governing dissolution of co-ownership.514 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).b. further entitled persons art. 649c515 the provisions governing exclusion of co-owners apply mutatis mutandis to usufructuaries and to owners of other rights in rem or personal rights of use entered under priority notice in the land register in respect of co-ownership shares.515 inserted by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).10. dissolution a. right to request division art. 650516 1 every co-owner has the right to request the dissolution of the co-ownership unless this is excluded by an agreement, by division of the object into condominium units or by the dedication of the object to a permanent purpose.2 dissolution may be excluded for a maximum of 50 years by means of an agreement which, where the object is land, is valid only if done as a public deed and which may be entered under priority notice in the land register.5173 dissolution may not be requested at an inopportune time.516 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).517 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. form of partition art. 651 1 dissolution is effected by means of physical division, by private sale or sale at auction and division of the sale proceeds, or by transfer of the entire object to one or more co-owners who buy out the others.2 if the co-owners are unable to agree on the method of dissolution, the court will order the physical division of the object or, where this is impossible without substantially diminishing its value, its sale at public auction or private auction among the co-owners.3 physical division giving rise to unequal shares may entail monetary payments to balance out the shares.c. animals kept as pets art. 651a518 1 in the event of disputes over ownership of animals kept as pets rather than for investment or commercial purposes, the court will award sole ownership to whichever party offers the better conditions of animal welfare in which to keep the animal.2 the court may order the person to whom ownership of the animal is awarded to provide appropriate compensation to the other party; the court determines the amount at its discretion.3 the court shall take all necessary provisional measures, in particular in relation to the animal's care in the interim.518 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).ii. joint ownership 1. prerequisites art. 652 if several persons bound together into a community by legal provision or contract own an object by virtue of that community, they are joint owners and the rights of each joint owner attach to the whole object.2. effect art. 653 1 the rights and obligations of the joint owners are determined by the rules governing their legal or contractual community.2 unless otherwise provided, the unanimous decision of all the joint owners is required in order to exercise ownership rights and in particular to dispose of the object in any way.3 for the duration of the community, the right to divide the object or make dispositions relating to a fraction of it is excluded.3. dissolution art. 654 1 dissolution occurs when the object is alienated or the community is terminated.2 unless otherwise provided, division of the object is effected according to the provisions governing co-ownership.iii. joint ownership of agricultural enterprises and land art. 654a519 the dissolution of joint ownership of agricultural enterprises and agricultural land is governed by the federal act of 4 october 1991520 on rural land rights.519 inserted by art. 92 no 1 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).520 sr 211.412.11title nineteen: land ownership chapter one: object, acquisition and loss of land ownership a. subject matter i. immovable property521 521 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 655522 1 the object of land ownership is all immovable property.2 within the meaning of this code, immovable property includes:1. parcels of land and the buildings thereon;2. distinct and permanent rights recorded in the land register;3. mines;4. co-ownership shares in immovable property.3 an easement relating to immovable property may be recorded in the land register as an independent and permanent right if it:1. is not created in favour of a benefited property nor exclusively for a specific person; and2. is established for at least 30 years or for an unlimited period.523522 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).523 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. dependent property art. 655a524 1 a parcel of land may be linked to another parcel of land such that the owner of the main parcel of land is also the owner of the attached parcel of land. the attached parcel shares the same legal destiny as the main parcel and may not be alienated, pledged or encumbered separately.2 if the parcels are linked for a permanent purpose, the statutory right of pre-emption of the co-owners and the right to demand dissolution may not be claimed.524 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. acquisition i. registration art. 656 1 the acquisition of land ownership must be recorded in the land register.2 in the case of appropriation, inheritance, compulsory purchase, debt enforcement or court judgment, the acquirer becomes the owner even before registration in the land register but obtains the power of disposal over the immovable property only once he or she has been recorded as the owner in the land register.ii. types of acquisition 1. transfer art. 657 1 in order to be binding, a contract to transfer land ownership must be executed as a public deed.2 testamentary disposition and marital contracts require the forms prescribed by the law of succession and marital property law.2. appropriation art. 658 1 immovable property recorded in the land register may be appropriated only if the register establishes that it has no owner.2 appropriation of land not recorded in the land register is subject to the provisions governing ownerless objects.3. formation of new land art. 659 1 if new exploitable land is formed from previously ownerless land as a result of alluvion, filling or ground displacement, changes in the course or level of public waters or in some other manner, such land belongs to the canton in which it lies.2 the cantons are free to allocate such land to owners of adjoining land.3 if a person can show that parts of ground have become detached from his or her property, he or she is entitled to take them back within an appropriate period.4. ground displacement a. in general525 525 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).art. 660 1 ground displacement from one parcel of land to another does not alter the boundaries of the parcels.2 earth and other objects moving from one parcel to the other in the process are subject to the provisions governing driftage or the joining and mixing of chattels.b. constant ground displacement art. 660a526 1 the general principle whereby ground displacement does not alter land boundaries does not apply to areas designated by the cantons as being in permanent danger of ground displacement.2 when designating such areas, due consideration shall be given to the characteristics of the land in question.3 where a parcel of land forms part of such an area, this fact must be notified in an appropriate manner to the interested parties and recorded in the land register.526 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).c. redrawing of boundaries art. 660b527 1 if a land boundary is rendered impractical by ground displacement, any affected landowner may request that it be redrawn.2 any loss or gain in value shall be balanced out.527 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).5. adverse possession a. ordinary adverse possession art. 661 where a person has been wrongly recorded in the land register as the owner of immovable property, his or her ownership may no longer be challenged if he or she has been in possession of it in good faith, uninterruptedly and without challenge for ten years.b. extraordinary adverse possession art. 662 1 where a person has been in possession of immovable property not recorded in the land register uninterruptedly and without challenge for 30 years as if it were his or her property, he or she has the right to be registered as the owner.2 the same right applies on the same conditions to a person in possession of immovable property whose owner is not evident from the land register or who was declared dead or presumed dead at the beginning of the 30-year adverse possession period.3 however, such registration may be made only by court order on expiry of a publicly notified period for objections, provided no such objections have been raised or those raised have been dismissed.c. time limits art. 663 the rules for computing, interrupting and suspending adverse possession time limits are determined mutatis mutandis by the provisions governing prescription of debt claims.6. ownerless and public objects art. 664 1 ownerless and public objects are subject to the sovereignty of the canton on whose territory they are situated.2 no rights of private ownership apply to public waters or to land not suitable for cultivation, such as rocks and scree, firn and glaciers, or to springs rising therefrom, unless proof to the contrary is produced.3 the cantons shall enact the provisions required to govern the appropriation of ownerless land, exploitation and common use of public objects such as roads, town and village squares, waterways and riverbeds.iii. right to registration art. 665 1 by virtue of acquisition, the acquirer gains a personal claim against the owner to be recorded in the land register and, should the owner refuse, the right to have ownership awarded by court order.2 in the case of appropriation, inheritance, compulsory purchase, debt enforcement or court judgment, the acquirer may obtain such registration on his or her own initiative.3 changes to land ownership occurring by operation of law as a result of marital community of property or the dissolution thereof shall be recorded in the land register at the request of either spouse.528528 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).c. loss art. 666 1 land ownership is extinguished on deletion of the land register entry and on complete loss of the immovable property.2 in the case of compulsory purchase, the time at which the loss occurs is determined according to federal and cantonal compulsory purchase law.d. judicial measures i. where the owner cannot be found art. 666a529 1 if the owner recorded in the land register cannot be identified, if his or her address is unknown or if the name or address of one or more of his or her heirs is unknown, the court may on application order the required measures.2 the court may in particular appoint a representative. on application, it shall stipulate the extent of the powers of representation. unless it stipulates otherwise, such powers shall be limited to measures to maintain the property.3 the following may apply for measures to be ordered:1. any person with a legitimate interest;2. the land register at the location of the immovable property.4 the ordering of measures does not interrupt the period required to obtain extraordinary adverse possession.529 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. in the absence of the required management bodies art. 666b530 if a legal entity or other rights holder that is recorded in the land register as the owner no longer has the required management bodies, and person with a legitimate interest or the land register at the location of the immovable property may apply to the court for the required measures relating to the immovable property to be ordered.530 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).chapter two: substance and limitation of land ownership a. substance i. scope art. 667 1 land ownership extends upwards into the air and downwards into the ground to the extent determined by the owner's legitimate interest in exercising his or her ownership rights.2 within the limits prescribed by law, it includes all buildings and plants as well as springs.ii. boundaries 1. type of boundary art. 668 1 land boundaries are established by the land register plans and by boundary markings on the land itself.2 in the event of discrepancy between the existing land register plans and the boundary markings, the land register plans are presumed correct.3 the foregoing presumption does not apply to areas designated by the canton as being in permanent danger of ground displacement.531531 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).2. duty to establish boundaries art. 669 every landowner is obliged, at the request of his or her neighbour, to co-operate in establishing the boundary where it is unclear, whether by amendment of the land register plans or by affixing boundary markers.3. co-ownership of boundary markers art. 670 where boundaries are marked by features such as walls, hedges and fences, such features are presumed to be jointly owned by the two neighbouring landowners.iii. buildings on the parcel of land 1. land and building materials a. ownership art. 671 1 where a person uses materials belonging to another in building work on his or her own land or materials of his or her own on land belonging to another, such materials become an integral part of the parcel of land.2 however, where such materials are used against the will of their owner, the latter is entitled to demand that the materials be removed and returned to him or her at the landowner's expense to the extent this is possible without causing disproportionate damage.3 on the same condition, where the materials were used against the will of the landowner, the latter may demand that they be removed from his or her land at the expense of the builder.b. compensation art. 672 1 where the materials are not removed from the land, the landowner must provide appropriate compensation for the cost of the materials.2 where the landowner on whose land the building work was carried out acted in bad faith, the court may award full damages.3 where the owner of the materials used in the building work acted in bad faith, the damages awarded may not exceed the minimum value of the building work to the landowner.c. assignment of land ownership art. 673 where the value of the building plainly exceeds the value of the land, the party acting in good faith may request that ownership of both building and land be assigned to the owner of the materials in exchange for appropriate compensation.2. encroaching buildings art. 674 1 buildings and other structures encroaching from one parcel of land onto another remain part of the parcel from which they originate, providing their owner has a right in rem to their existence.2 the right to encroach on neighbouring land may be recorded as an easement in the land register.3 if an injured party fails to object in timely manner to an unauthorised encroachment, despite being aware of it, where justified in the circumstances the builder of the encroaching structure, provided he or she acted in good faith, may be granted ownership of the encroaching part thereof or of the land below it in exchange for appropriate compensation.3. building right art. 675 1 buildings and other structures that are dug into or built onto land belonging to another person or otherwise permanently connected with that parcel of land on or below its surface may have a separate owner provided their existence is recorded as an easement in the land register.2 the creation of rights to buildings in respect of individual storeys of a building is not permitted.4. pipes, cables, conduits art. 676 1 pipes, cables and conduits for water, gas, electricity and the like located outside the parcel of land which they serve are, except where otherwise regulated, the property of the utility plant from which they come or to which they lead.5322 where the provisions of the law of neighbours do not apply, the encumbrance of parcels of land by rights in rem relating to such pipes, cables and conduits belonging to another person is established by way of easement.3 if the pipe, cable or conduit is visible, the easement is created when the pipe, cable or conduit is laid. in other cases, it is created by entry in the land register.533532 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).533 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).5. movable structures art. 677 1 sheds, huts, shacks, cabins and the like retain their separate owner if they are constructed on land belonging to another person without the intention of becoming a permanent fixture.2 their existence is not recorded in the land register.iv. plants grown on the parcel of land art. 678 1 where a person uses another person's plants on his or her own land or his or her own plants on another person's land, the same rights and obligations arise as for the use of building materials or for movable structures.2 an easement corresponding to a building right may be created in respect of individual plants and plantations for a minimum of ten and a maximum of 100 years.5343 the servient owner may request the termination of the easement before the end of the agreed duration in the event of the termination of a lease agreement concluded between him or her and the easement beneficiary concerning the use of the land. the court shall determine the financial consequences taking due account of all the circumstances.535534 amended by no i of the fa of 20 june 2003, in force since 1 jan. 2004 (as 2003 4121; bbl 2002 4721).535 inserted by no i of the fa of 20 june 2003, in force since 1 jan. 2004 (as 2003 4121; bbl 2002 4721).v. landowner's liability 1. acts in excess of ownership rights536 536 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 679 1 where a person incurs or is at risk of damage because a landowner acts in excess of his or her ownership rights, he or she may sue for abatement of the damage or for protection against any imminent damage and for damages.2 where a building or installation deprives a neighbouring parcel of land of certain properties, the aforementioned rights apply only if the regulations that applied at the time the building or installation was constructed were not complied with.537537 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. lawful management of the land art. 679a538 where a landowner temporarily causes excessive and unavoidable disadvantages to a neighbour while managing his or her parcel of land lawfully, in particular by building and thus causes damage, the neighbour may only claim damages from the landowner.538 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. limitations i. in general art. 680 1 statutory restrictions on ownership exist irrespective of whether they are recorded in the land register.2 any lifting or modification thereof by agreement is invalid unless executed in the form of a public deed and recorded in the land register.3 public law restrictions on ownership may not be revoked or modified.ii. restrictions on alienation; statutory right of pre-emption 1. general principles art. 681539 1 statutory rights of pre-emption may also be exercised in the case of compulsory sale at auction, but only at the auction itself and on the conditions that apply to a sale to the highest bidder; in other respects statutory rights of pre-emption may be exercised subject to the conditions that apply to contractual rights of pre-emption.2 the right of pre-emption becomes void if the land is sold to a person with a right of pre-emption of equal or higher rank.3 statutory rights of pre-emption may neither be inherited nor assigned. they take precedence over contractual rights of pre-emption.539 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).2. exercise art. 681a540 1 where a purchase agreement is concluded, the vendor must notify persons with a right of pre-emption of the terms thereof.2 if a person wishes to exercise his or her right of pre-emption, he or she must assert it within three months of learning of the conclusion and terms of the purchase agreement. such a right may no longer be exercised once two years have elapsed since the entry of the new owner in the land register.3 during that time a person may exercise a right of pre-emption against any owner of the land.540 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).3. modification, waiver art. 681b541 1 an agreement excluding or modifying a statutory right of pre-emption is valid only if executed in the form of a public deed. it may be entered under priority notice in the land register provided the right of pre-emption is held by the current owner of another parcel of land.2 the beneficiary may waive his or her statutory right of pre-emption in writing once the event that triggers it has occurred.541 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).4. in respect of co-ownership and building rights542 542 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).art. 682543 1 co-owners have a right of pre-emption against any person acquiring a share who is not a co-owner. if several co-owners exercise their right of pre-emption, the share is allocated to them in proportion to their existing shares.5442 the owner of a parcel of land encumbered with a distinct and permanent building right shall also have a right of pre-emption in respect of that right over anyone wishing to acquire it, and the holder of the right has a right of pre-emption in respect of the parcel of land it encumbers, providing the land is used in the exercise of his or her right.3.545543 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).544 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).545 repealed by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), with effect from 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).5. right of pre-emption of farms and farmland art. 682a546 rights of pre-emption of agricultural enterprises and agricultural land are also governed by the federal act of 4 october 1991547 on rural land rights.546 inserted by art. 92 no 1 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).547 sr 211.412.11art. 683548 548 repealed by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), with effect from 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).iii. law of neighbours 1. excess detriment549 549 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 684 1 in exercising their ownership rights, including in particular the right to run a business on his or her land, landowners are obliged to refrain from any excess detrimental to neighbouring properties.2 in particular all harmful effects that are not justified by the location and character of the land or by local custom such as air pollution emissions of noxious vapours, noise, vibrations, radiation or the deprivation of sunlight or daylight are prohibited.550550 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. excavation and construction a. rule art. 685 1 when carrying out excavation or construction work, the owner is not permitted to damage the adjoining properties by causing their terrain to shift, exposing it to the risk of shifting or by weakening existing structures.2 buildings which contravene the provisions of the law of neighbours are subject to the provisions governing encroaching buildings.b. cantonal regulations art. 686 1 the cantons may set minimum separation distances to be observed in excavation and construction works.2 they have the right to issue further building regulations.3. plants a. rule art. 687 1 overhanging branches and roots encroaching beyond the boundary may be severed and kept by the neighbour if they are damaging his or her property and have not been removed within a reasonable time following his or her complaint in relation thereto.2 if a landowner tolerates branches overhanging cultivated or developed land, he or she is entitled to the fruit that grows on them.3 these provisions do not apply to adjoining parcels of woodland.b. cantonal regulations art. 688 the cantons are authorised to set minimum separation distances for plantations depending on the type of land and plants involved or to oblige the landowner to permit the overhanging branches or encroaching roots of fruit trees and to regulate or annul his or her right to take the fruit from such branches.4. flowing waters art. 689 1 every landowner is obliged to receive the waters flowing naturally from a higher-lying parcel of land, such as rain water, melting snow and water from unchannelled springs.2 no person may alter the natural course of flow to his or her neighbour's damage.3 water flowing to a lower-lying parcel of land and required by that property may be withheld only to the extent that such water is indispensable to the higher-lying parcel of land.5. drainage art. 690 1 where a higher-lying parcel of land is drained, the owner of lower-lying parcel of land is obliged to receive such water as previously flowed naturally onto his or her land without being entitled to compensation.2 if he or she suffers damage as a result of drainage channels, he or she may require the owner of the higher-lying parcel of land to continue such channels through the lower-lying parcel of land at the latter's expense.6. pipes, cables, conduits a. duty to permit art. 691 1 every landowner is obliged to permit water conduits, drainage pipes, gas pipes and the like and subterranean or overhead cables to traverse his or her land in exchange for full compensation, to the extent that such works would be impossible or prohibitively expensive if they did not traverse his or her land.5512 the right for pipes, cables and conduits to traverse an adjoining parcel of land may not be claimed on the basis of the law of neighbours in cases subject to compulsory purchase under cantonal or federal law.3 at the request of the dominant or the servient owner, such rights shall be recorded in the land register as an easement at the expense of the dominant owner. the right for pipes, cables and conduits to traverse an adjoining parcel of land may be cited in opposition to a person acquiring a parcel of land in good faith, even if it is not registered.552551 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).552 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. safeguarding the interests of the servient landowner art. 692 1 the servient owner is entitled to just and equitable consideration of his or her own interests.2 where justified by extraordinary circumstances, he or she may request that the piece of the land above which overhead pipes, cables and conduits are to be routed together with a reasonable portion of the surrounding land be purchased from him or her at its full value.c. change of circumstances art. 693 1 if circumstances change, the servient owner may request that the route of the pipe, cable or conduit be altered in accordance with his or her interests.2 the costs of such re-routing are normally borne by the owner of the dominant property.3 however, where justified by special circumstances, an appropriate portion of the costs may be charged to the servient owner.7. rights of way a. necessary right of way art. 694 1 where a landowner does not have adequate access from his or her land to a public thoroughfare, he or she has the right to require his or her neighbours to grant him or her the necessary right of way in exchange for full compensation.2 this right is in the first place exercised against the neighbour who, in the light of existing ownership and access circumstances, may most reasonably be expected to grant such right of way, and secondly in respect of the neighbour for whom it is least damaging.3 when determining the route of a right of way, the interests of both parties must be taken into consideration.b. other rights of way art. 695 the cantons reserve the right to enact more detailed provisions which govern the landowner's right to enter neighbouring land for the purposes of managing his or her own land or carrying out repairs or building works and which regulate rights of way for the purpose of tillage, watering cattle, transit over fallow ground or in the dead season, transit for timber gathering, and the like.c. notation in the land register art. 696 1 rights of way established directly by law exist without need for registration.2 however, if permanent they are noted in the land register.8. enclosure art. 697 1 the costs of enclosing a parcel of land are borne by its owner, subject to the provisions governing co-ownership of boundary markers.2 cantonal law may enact provisions governing the duty to enclose and the manner of enclosure.9. duty to maintain art. 698 the costs of any structures required for the exercise of rights under the law of neighbours are borne by the landowners in proportion to their interests.iv. right of access and to ward off danger 1. access art. 699 1 any person has the right to enter woodlands and meadows and to gather wild berries, fungi and the like to the extent permitted by local custom except where the competent authority enacts specific limited injunctions in the interests of conservation.2 cantonal law may enact more detailed regulations on access to land owned by others for the purposes of hunting and fishing.2. retrieval of driftage and the like art. 700 1 if objects are carried onto another parcel of land by water, wind, avalanche or other force of nature or by chance event, or if animals such as livestock, swarms of bees, poultry and fish stray onto his or her property, the landowner must grant the rightful owner access to his or her land to search for and retrieve them.2 the landowner is entitled to claim damages for any damage caused and to that end has a special lien as to such objects and animals.3. trespass to ward off danger or damage art. 701 1 if a person is able to ward off imminent damage or present danger from himself or herself or others only by trespassing on land belonging to another, the latter is obliged to tolerate such trespass to the extent that such danger or damage would be considerably greater than the detriment caused by the trespass.2 appropriate compensation is owed for any resultant damage.v. public law restrictions on ownership 1. in general art. 702 the confederation, cantons and communes reserve the right to impose restrictions on ownership that are in the public interest, and in particular that relate to building, fire and health regulations, forestry and road services, towpaths, erection of boundary markings and triangulation pillars, land improvements, fragmentation of landholdings, consolidation of agricultural land and building land, conservation of antiquities and natural monuments, preservation of areas of natural beauty and scenic vantage points and protection of mineral springs.2. land improvements art. 703553 1 where it is possible to carry out land improvements, such as watercourse modifications, drainage, irrigation, reforestation, path-building, land consolidation procedures and the like, only by collective endeavour and such endeavour has been approved by the majority of the landowners owning more than half of the land involved, the other landowners are obliged to participate. landowners who choose not to participate in the decision-making process are deemed to consent. participation is recorded in the land register.2 the cantons regulate the procedure. in particular, they must issue detailed rules on consolidation of landholdings.3 cantonal legislation may further facilitate the realisation of such land improvements and may declare that the corresponding provisions also apply to building land and to areas designated as being in permanent danger of ground displacement.554553 amended by art. 121 of the agriculture act of 3 oct. 1951, in force since 1 jan. 1954 (as 1953 1073; bbl 1951 i 130).554 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).c. rights to springs and wells i. spring ownership and spring rights art. 704 1 springs are an integral part of the land and their ownership may be acquired only through ownership of the land from which they rise.2 rights to spring water on land owned by others are established as easements by entry in the land register.3 groundwater is deemed equivalent to springs.ii. diversion of springs art. 705 1 cantonal law may regulate, restrict or prohibit the diversion of spring waters to safeguard the public interest.2 in the event of conflict between cantons, the final decision rests with the federal council.iii. cutting off springs 1. damages art. 706 1 where springs and wells that enjoy considerable use or whose waters are collected for further use are cut off, diminished or contaminated by building works, installations or other measures to the detriment of their owners or rightful users, such persons are entitled to claim damages.2 where the damage was done neither intentionally nor through negligence, or the injured parties are themselves at fault, the court determines the amount and manner of compensation at its discretion.2. restoration art. 707 1 if springs and wells that are indispensable for the exploitation or habitation of a parcel of land or for the supply of drinking water are cut off or contaminated, those affected have the right to demand that the status quo ante be restored where at all possible.2 in other cases restoration of the status quo ante may be demanded only where this is justified by special circumstances.iv. community of spring owners art. 708 1 where springs located near to each other and belonging to different owners form a group rising from a common catchment basin, each of the owners may request that the springs be collectively captured and channelled to the rightful users in proportion to the existing volume of flow.2 the costs of the common installations are borne by the rightful users in proportion to their respective interests.3 if one user opposes the request, each user has the right to capture and divert his or her own spring in the normal manner, even if the volume of flow of the other springs is thereby diminished, and is liable to pay compensation only to the extent that his or her own spring is augmented by the new works.v. use of springs art. 709 the cantons have the right to determine the extent to which privately owned springs, wells and streams may also be used by neighbours and other persons for drawing water, watering livestock and the like.vi. right to use an essential water source art. 710 1 if a parcel of land lacks the water required for domestic and farming requirements and if such water cannot be obtained from anywhere else except at an entirely disproportionate cost and effort, the owner may request that a neighbour able to spare such water without suffering hardship allow him or her a share of the latter's spring or well to him or her in exchange for full compensation.2 when determining which water source is thus affected, the interests of the person required to supply the water are the primary consideration.3 where circumstances change, a modification of the arrangement in place may be requested.vii. duty to cede 1. water sources art. 711 1 where landowners make no use of springs, wells or streams, or make very little use thereof in comparison with their potential utility, they may be required to cede them in exchange for full compensation for supplying drinking water, fire hydrants or other uses in the public interest.2 such compensation may take the form of water supplied from the new installation.2. land art. 712 owners of drinking water utilities have the right to expropriate the land surrounding their springs to the extent necessary to protect them from contamination.chapter three:555 condominium 555 inserted by no ii of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).a. definition and object i. definition art. 712a 1 condominium is a form of co-ownership of immovable property that gives the co-owner the exclusive right to make sole use of specific parts of a building thereon and design the interior of such parts.2 each condominium owner is free to manage, use and design the structure of his or her own parts of the building as he or she wishes but must not obstruct any other condominium owners in the exercise of their own rights or in any way damage the common parts of the building, fittings and installations or impair their functional effectiveness or appearance.3 each condominium owner is obliged to maintain his or her parts of the building in the manner required to preserve the sound condition and good appearance of the building as a whole.ii. object art. 712b 1 the object of the exclusive right may be individual storeys or parts of a storey which must be self-contained with their own access and used either as dwellings or as self-contained units of rooms used for business or other purposes, although separate ancillary rooms are allowed.2 the condominium owner may not be granted an exclusive right to the following:1. the land on which the building stands and the building right by virtue of which it is constructed;2. the parts of the building that are vital to the soundness, structure and stability of the building as a whole or of the units of other condominium owners or that determine the outward form and appearance of the building;3. the fittings and installations that also serve the other condominium owners in the use of their units.3 the deed of constitution or a subsequent agreement among the condominium owners executed in the same form may stipulate that other parts of the building are common property, failing which they are presumed to be the object of a exclusive right.iii. power of disposal art. 712c 1 condominium owners do not by law have first right of refusal in respect of a third party acquiring a share, but such right may be stipulated in the deed of constitution or by subsequent agreement and entered under priority notice in the land register.2 similarly, it may be stipulated that the alienation, encumbrance with usufruct or right of residence or letting of a unit is valid only if the other co-owners do not object by resolution made within 14 days of receiving notice of such transaction.3 the objection is ineffective if made without good cause.556556 amended by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).b. creation and extinction i. deed of constitution art. 712d 1 condominium is constituted by entry in the land register.2 such entry may be requested:1. on the basis of an agreement between the condominium owners to constitute their shares as condominium;2. on the basis of a declaration by the owner of the property or the holder of a distinct and permanent building right to form shares in co-ownership and to constitute the same as condominium.3 in order to be valid, the constitution of condominium must be executed in the form of a public deed or, where provided for in a testamentary disposition or in a contract of division of estate, in the form prescribed by the law of succession.ii. layout of the condominium units and shares in the property557 557 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 712e 1 the deed of constitution must specify the manner in which the property is divided into condominium units and define the share that each unit represents of the value of the property or of the building right expressed as fractions with a common denominator.5582 alteration of the size of a share requires the consent of all directly involved parties and the approval of the assembly of condominium owners; however, each condominium owner is entitled to seek rectification if his or her share has been defined incorrectly in error or is no longer accurate owing to structural modifications to the building or its surroundings.558 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iii. extinction art. 712f 1 condominium is extinguished on the loss of the property or the building right and its deletion from the land register.2 such deletion may be requested in accordance with a termination agreement or by a single condominium owner holding all the shares, but it requires the consent of all persons with rights in rem to the individual units which cannot be transferred to the property as a whole without detriment.3 any condominium owner may request termination of the condominium where:1. more than half the value of the building has been destroyed and reconstruction would impose an onerous burden on him; or2. the building has been divided into condominium units for more than 50 years and can no longer be used in accordance with the regulations due to its poor structural condition.5594 condominium owners wishing to maintain the condominium may prevent such termination by buying out the others.560559 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).560 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).c. administration and use i. applicable provisions art. 712g 1 the provisions governing co-ownership regulate the authority to take administrative action and instruct construction work.2 except where such provisions are mandatory, they may be replaced by others set out in the deed of constitution or adopted by unanimous resolution of the assembly of condominium owners.3 moreover, each condominium owner is entitled to request that a set of rules governing administration and use be drawn up and noted in the land register, such rules being binding once accepted by resolution passed by a majority of the condominium owners who together represent more than one-half of the property and being subject to amendment by the same majority even if included in the deed of constitution.4 any amendment to the allocation of exclusive rights of use in accordance with the regulations shall also require the consent of the condominium owners directly affected.561561 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. communal charges and costs 1. definition and distribution art. 712h 1 the condominium owners bear the charges in relation to the communal parts of the property and the costs of joint administration in proportion to the value of their shares.2 in particular, such charges and costs include:1. regular maintenance, repairs and renovations of the communal parts of the parcel of land and the building and shared fittings and installations;2. administration, including remuneration of the administrator;3. public duties and taxes imposed collectively on the co-owners;4. interest and capital repayments to lenders to whom the property is pledged or to whom the condominium owners are jointly and severally liable.3 where specific parts of the building, fittings or installations are of little or no benefit to certain condominium owners, the allocation of shared costs must take this into account.2. liability for cost contributions a. statutory lien art. 712i 1 the community of condominium owners is entitled to establish a lien on each condominium owner's unit as security for his or her portion of the shared costs over the previous three years.2 registration of the lien may be requested by the administrator or, where no administrator has been appointed, by any condominium owner so authorised by majority resolution or court order and by any person for whom the claim for shared costs has been distrained.3 in other respects, the provisions governing the establishment of a building contractor's lien apply mutatis mutandis.b. special lien art. 712k the community of condominium owners has the same special lien that a lessor would have on the chattels located in the condominium owner's unit as security for shared costs over the previous three years.iii. community's capacity to act art. 712l 1 the community of condominium owners acquires under its own name the revenue derived from its administrative activities, including in particular contributions from the individual condominium owners and the resultant funds, such as the renovation fund.2 the community of condominium owners may sue and collect debts in its own name and may be sued or subjected to debt enforcement proceedings.562562 amended by annex no 2 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 2829).d. organisation i. assembly of condominium owners 1. competence and legal status art. 712m 1 in addition to those rights stipulated in other provisions, the assembly of condominium owners has the following rights in particular:1. to decide on all administrative matters outside the administrator's remit;2. to appoint the administrator and supervise his or her activities;3. to elect a committee or person to whom it may delegate administrative matters, including in particular the tasks of advising the administrator, superintending his or her management activities, and reporting and making recommendations to the assembly on such matters;4. to approve the budget, accounts and division of costs among the condominium owners each year;5. to establish a renovation fund for maintenance and renovation;6. to safeguard the building against fire and other risks and to take out the customary liability insurance and, furthermore, to require any condominium owner who has fitted his or her unit out at extraordinary expense to pay an additional premium unless he or she has arranged supplementary insurance for his or her own account.2 in the absence of any specific provisions in the law, the assembly of condominium owners and its delegates are subject to the provisions on governing bodies of associations and challenges to resolutions of associations.2. convening and chairing meetings art. 712n 1 the assembly of condominium owners is convened and chaired by the administrator, unless the assembly resolves otherwise.2 minutes are taken of the assembly's resolutions and held in safekeeping by the administrator or the chairman of the meeting.3. voting rights art. 712o 1 where a unit is owned by more than one person, these persons together have only one vote, to be cast by one of their number as their representative.2 similarly, the owner and the usufructuary of a unit must agree on the exercise of their voting rights, failing which the usufructuary is deemed to hold the right to vote on all administrative matters with the exception of building work carried out for merely useful or decorative purposes or to enhance comfort or convenience.4. quorum art. 712p 1 the assembly of condominium owners is quorate if one half of the condominium owners representing one half of the shares in condominium, and in any event at least two condominium owners, are present or represented.2 if the assembly is not quorate, a second meeting must be convened which may be held no earlier than ten days after the first.3 the second meeting is quorate if one third of the condominium owners, and in any event at least two condominium owners, are present or represented.ii. administrator 1. appointment art. 712q 1 if the assembly of condominium owners fails to appoint an administrator, any condominium owner is entitled to request the court to appoint one.2 other interested parties, such as the pledgee or insurer, have the same right to request court appointment of an administrator.2. removal art. 712r 1 by resolution of the assembly of condominium owners, the administrator may be removed from his or her position at any time, subject to claims for compensation.2 if the assembly of condominium owners refuses to remove the administrator despite good cause to do so, any condominium owner may, within one month, request the court to remove him or her.3 a court-appointed administrator may not be removed prior to expiry of the period for which he or she was appointed.3. duties a. implementation of provisions and resolutions concerning administration and use art. 712s 1 the administrator shall take all action required for collective administration in accordance with the relevant legal provisions, the rules and resolutions passed by the assembly of condominium owners and must of his or her own accord take all measures urgently needed to prevent or remedy damage to the property.2 he or she divides the communal costs and charges among the condominium owners, makes out the relevant invoices, collects contributions, manages the available funds and applies them as required by law.3 he or she ensures that the condominium owners exercise their exclusive rights and use the communal parts of the property and the communal fittings and installations in accordance with the relevant legal provisions, regulations and house rules.b. external representation art. 712t 1 the administrator shall represent the condominium owners both as a community and as individuals in all external dealings relating to communal administration within the scope of his or her statutory duties.2 except in summary proceedings, the administrator must obtain the prior approval of the assembly of condominium owners to act as plaintiff or defendant in civil proceedings unless the matter is urgent, in which case such approval may be obtained retrospectively.3 declarations, demands, judgments and court orders addressed to the community of condominium owners are deemed duly notified once they are served on the administrator at his or her domicile or at the place where the property is situated.title twenty: chattel ownership a. object art. 713 chattel ownership relates to movable physical objects and to forces of nature that may be the subject of legal rights and which do not form part of any immovable property.b. forms of acquisition i. transfer 1. delivery of possession art. 714 1 transfer of chattel ownership requires the delivery of possession to the acquirer.2 a person who in good faith receives possession of a chattel as owner will become its owner even if the transferor is not authorised to alienate it as soon his or her possession of it is protected according to the provisions governing possession.2. reservation of ownership a. in general art. 715 1 reservation of ownership in respect of a chattel transferred to the acquirer is only effective provided it is entered in the official register kept by the debt enforcement office at his or her current domicile.2 reservation of ownership is not permitted in livestock trading.b. transactions involving payment by instalments art. 716 an object transferred under reservation of ownership may be reclaimed by the owner only on condition that he or she reimburse any payments made for it by the acquirer after deduction of an appropriate rental charge and compensation for wear and tear.3. acquisition without possession art. 717 1 if as a result of a special legal relationship, the chattel remains in the transferor's possession, this transfer of ownership is null and void in relation third parties if the underlying intention was to disadvantage them or to circumvent the provisions governing the pledging of chattels.2 the court shall rules on this at its discretion.ii. appropriation 1. ownerless chattels art. 718 ownership of an ownerless chattel is acquired by the act of taking it into possession with the intention of becoming its owner.2. escaped animals art. 719 1 captured animals become ownerless if they regain their freedom and their owner fails to search for them immediately and persistently with a view to recapturing them.2 domesticated animals become ownerless once they regress to a feral state and no longer return to their masters.3 swarms of bees do not become ownerless by virtue of straying onto land belonging to others.iii. found property 1. reporting, tracing a. in general563 563 amended by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).art. 720 1 a person finding a lost object must inform its owner and, if the latter is unknown, either report the find to the police or himself take appropriate steps to publicise the find and trace the owner.2 he or she has a duty to report the find to the police if the value of the object clearly exceeds ten francs.3 a person who finds an object in an occupied house or on premises used for public services or public transport must deposit it with the head of the household, the tenant or the supervisor.b. animals art. 720a564 1 a person who finds a lost animal must, subject to art. 720 para. 3, inform the owner or, if the latter is unknown, report his or her find.2 the cantons designate the authority to which such finds must be reported.564 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806). para. 2 comes into force on 1 april 2004.2. safekeeping and auction art. 721 1 a find must be held in appropriate safekeeping.2 if it requires expensive maintenance or is susceptible to rapid deterioration, or if the police or a public body has held it for more than one year, it may be sold at public auction with the prior authorisation of the competent authority.3 the proceeds of sale at auction replace the object.3. acquisition of ownership, return art. 722 1 a person who has discharged his or her duties as finder acquires ownership of the find if it has not been possible to trace the rightful owner within five years of the announcement or public notice being given of the find.1bis in the case of animals kept as pets rather than for investment or commercial purposes, the period is two months.5651ter if the finder puts the animal in a home with the intention of renouncing its ownership, on expiry of the two-month period the animal home is at liberty to dispose of the animal as it sees fit.5662 if the find is returned to its owner, the finder is entitled to compensation for all outlays and to a suitable finder's reward.3 in the case of a find made in an occupied house or on premises used for public services or public transport, the head of the household, tenant or supervisor is deemed to be the finder but is not entitled to any finder's reward.565 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).566 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).4. treasure trove art. 723 1 if an object of value is found in circumstances indicating with certainty that it has lain buried or hidden so long that it will not be possible to trace its owner, it is treated as treasure trove.2 subject to the provisions governing objects of scientific value, treasure trove belongs to the owner of the land or chattel where it was found.3 the finder is entitled to an appropriate finder's reward not exceeding one-half of the treasure's value.5. objects of scientific value art. 724 1 ownerless natural specimens and antiquities of scientific value are the property of the canton on whose territory they are found.5671bis such objects must not be alienated without the consent of the competent cantonal authorities. they may not be purchased in good faith or acquired through adverse possession. there is no prescriptive period on the canton's right to recover them.5682 the owner of the land on which such objects are found is obliged to permit their excavation in exchange for compensation for the damage caused.3 the finder, and in the case of treasure trove also the owner is entitled to an appropriate finder's reward not exceeding one-half of the value of the find.567 amended by art. 32 no 1 of the cultural property transfer act of 20 june 2003, in force since 1 june 2005 (as 2005 1869; bbl 2002 535).568 inserted by art. 32 no 1 of the cultural property transfer act of 20 june 2003, in force since 1 june 2005 (as 2005 1869; bbl 2002 535).iv. driftage art. 725 1 if chattels are carried onto a person's property by water, wind, avalanche or other force of nature or by chance event, or if animals belonging to others stray onto his or her property, such a person has the rights and obligations of the finder of a lost object.2 if a swarm of bees flies into an occupied beehive belonging to another person, the owner of that hive acquires said swarm without obligation to compensate.v. processing art. 726 1 if a person has processed or reworked an object that does not belong to him, the newly created object becomes the property of that person if the work is more valuable than the material, failing which it belongs to the original owner.2 where the person doing such work did not act in good faith, the court may award the newly created object to the original owner even if his or her work is more valuable than the material.3 claims for damages and unjust enrichment are reserved.vi. joining and mixing chattels art. 727 1 if chattels belonging to different owners are mixed or joined together such that they may no longer be separated without substantial damage or prohibitive labour and expense, those involved acquire joint ownership rights in the new object in proportion to the value of the constituent parts at the time that they were mixed or joined.2 if one chattel is mixed with or joined to another such that it acquires the character of a secondary component of the latter, the entire object belongs to the owner of the primary component.3 claims for damages and unjust enrichment are reserved.vii. adverse possession art. 728 1 if a person has possessed a chattel belonging to another person uninterruptedly and without challenge for five years believing in good faith that he or she owns it, he or she becomes its owner by adverse possession.1bis in the case of animals kept as pets rather than for investment or commercial purposes, the period is two months.5691ter subject to exceptions prescribed by law, the time limit for adverse possession in the case of objects of cultural heritage within the meaning of art. 2 para. 1 of the cultural property transfer act of 20 june 2003570 is 30 years.5712 involuntary loss of possession does not interrupt adverse possession provided the possessor regains the chattel within one year or by means of legal action brought within the same time limit.3 the computation, interruption and suspension of adverse possession time limits are governed mutatis mutandis by the provisions on the prescription of debts.569 inserted by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5806).570 sr 444.1571 inserted by art. 32 no 1 of the cultural property transfer act of 20 june 2003, in force since 1 june 2005 (as 2005 1869; bbl 2002 535).c. loss art. 729 even where possession has been lost, ownership of the chattel is not extinguished until the owner relinquishes his or her right or until another person subsequently acquires ownership.division two: limited rights in rem title twenty-one: easements and real burdens chapter one: easements a. object art. 730 1 a parcel of land may be encumbered in favour of another property such that the servient owner must permit the owner of the dominant property to exercise certain rights over it to or may not exercise certain of the rights attaching to his or her property for the benefit of the owner of the dominant property.2 an obligation to carry out certain acts may only be accessory to an easement. any person acquiring the dominant or servient property is only bound by such an obligation if it is based on an entry in the land register.572572 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. creation and extinction i. creation 1. registration art. 731 1 an easement is created by entry in the land register.2 the provisions governing land ownership apply to the acquisition or registration of an easement, except where otherwise provided.3 adverse possession of an easement is possible only in respect of parcels of land which may be possessed adversely.2. legal transaction art. 732573 1 the legal transaction creating an easement is only valid if done as a public deed.2 if in the circumstances the exercise of the easement is limited to part of the dominant property and if the geographical location is not sufficiently identifiable in the certificate of legal title, it must be shown in a diagram in an extract of the plan for the land register.573 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).3. creation in favour of own property art. 733 the owner of a property may create an easement on a property in favour of another property which he or she also owns.ii. extinction 1. in general art. 734 an easement is extinguished with the deletion of its registration or the complete loss of either the servient or the dominant property.2. amalgamation art. 735 1 if the beneficiary of an easement becomes the servient owner, he or she may have the easement deleted from the land register.2 if it is not deleted, the easement remains in place as a right in rem.3. by court order art. 736 1 if an easement is of no value to the dominant property, the servient owner may request its deletion.2 if the dominant property still derives a benefit from the easement but this is minor and disproportionate to the encumbrance, the easement may be partly or wholly cancelled in return for compensation.c. nature i. scope 1. in general art. 737 1 the beneficiary is entitled to take all measures necessary to preserve and exercise the easement.2 however, he or she is obliged to exercise his or her rights as benignly as possible.3 the servient owner must not do anything to obstruct the exercise of the easement or render it more difficult.2. as defined by land register entry art. 738 1 the land register entry for an easement defines the scope of the easement, provided it clearly indicates the attendant rights and duties.2 within the limits of such entry, the scope of the easement may be inferred from the reason for its creation or from the fact that it has been exercised unchallenged and in good faith for some length of time.3. if needs change art. 739 additional encumbrances may not be imposed on the servient owner if the needs of the dominant property change.4. cantonal law and local custom art. 740 in the absence of any other specific arrangement in a given case, cantonal law and local custom shall govern rights of way, such as footpaths, bridle paths, carriageways, field paths, rights of transit in the dead season or for carting wood, rights of pasture, of transit for watering cattle or for irrigation and similar rights.5. in the case of two or more beneficiaries art. 740a574 1 if two or more beneficiaries benefit from common fixtures based on the same easement and if no other agreement exists, the provisions applicable to co-owners apply by analogy.2 the right to leave the community by waiving the easement may be excluded for a maximum of 30 years by agreement in the form specified for the easement agreement. the agreement may be noted in the land register.574 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. duty of maintenance art. 741 1 the beneficiary is responsible for maintaining any fixtures required for the exercise of an easement.2 if the fixture also serves the interests of the servient owner, both parties are responsible for its maintenance in proportion to their interests. an alternative arrangement is binding on the acquirer of the dominant and the acquirer of the servient property if there is proof thereof in the land register.575575 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iii. relocation of the encumbrance576 576 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 742 1 if only part of a property is affected by the exercise of an easement, the servient owner is entitled, provided he or she can show a legitimate interest and bears the cost, to request that the right be transferred to another location which is no less suitable for the beneficiary.2 he or she is entitled to do so even if the easement is recorded in the land register as being in a specific location.3 .577577 repealed by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iv. partition of a property art. 743578 1 if the dominant property is partitioned, the easement normally continues to exist in favour of each part of the dominant property.2 if according to the documentary evidence or the circumstances the exercise of the easement is limited to individual parts of the property, it must be deleted in respect of the other parts.3 the revision procedure is governed by the regulations on the deletion and amendment of land register entries.578 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 744579 579 repealed by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).chapter two: usufruct and other personal servitudes a. usufruct i. object art. 745 1 a usufruct may be held over chattels, immovable property, rights or assets.2 unless otherwise provided, it confers complete enjoyment of the object on the usufructuary.3 a usufruct of immovable property may be limited to a specific part thereof.580580 inserted by no i of the fa of 20 june 2003, in force since 1 jan. 2004 (as 2003 4121; bbl 2002 4721).ii. establishment 1. in general art. 746 1 a usufruct of chattels or debts is established by transfer to the acquirer and a usufruct of immovable property by entry in the land register.2 the provisions governing ownership apply to the acquisition of a usufruct of chattels and of immovable property as well as to entry in the land register, except where otherwise provided.2. . art. 747581 581 repealed by no i 2 of the fa of 5 oct. 1984, with effect from 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).iii. extinction 1. grounds art. 748 1 usufruct is extinguished in the event of the complete loss of the object to which it applies and in the case of immovable property on deletion of the entry from the land register where the entry was required to establish the usufruct.2 other grounds for extinction, such as the passage of time or the renunciation or death of the usufructuary, confer on the owner only a right to apply for the deletion of the entry.3 a statutory usufruct ends on cessation of its cause.2. duration art. 749 1 usufruct ceases with the death of the usufructuary and in the case of legal entities on their dissolution.2 in the case of legal entities, however, it may not last more than 100 years.3. replacement on extinction of usufruct art. 750 1 the owner of the object of a usufruct is not obliged to replace or restore the object if it has been destroyed.2 if it is replaced or restored the usufruct is restored with it.3 if an object that has been destroyed is replaced, as may be the case with compulsory purchase and insurance indemnities, the usufruct continues on the replacement object.4. return a. duty art. 751 when the usufruct ends, the person in possession of the object must return it to the owner.b. liability art. 752 1 the usufructuary is liable for complete loss or deterioration of the object, unless he or she shows that he or she was not at fault.2 he or she must replace any items which have been used up if such consumption is not intrinsic to the use of the object.3 he or she is not obliged to compensate for any depreciation caused by the proper use of the object.c. costs art. 753 1 if the usufructuary has of his or her own free will incurred costs or made improvements, on return of the object he or she may request compensation in accordance with the provisions governing agency without authority.2 he or she is entitled to remove any fixtures he or she has installed for which the owner is not prepared to pay compensation; he or she is, however, obliged to restore the object to its previous condition.5. prescription of compensation rights art. 754 the owner's right to compensation for alterations or depreciation and the usufructuary's right to compensation for expenditure or to remove fixtures prescribe one year after the return of the object.iv. scope 1. rights of the usufructuary a. in general art. 755 1 the usufructuary has the rights of possession, use and enjoyment of the object.2 he or she is responsible for looking after it.3 in the exercise of these rights, he or she must exercise reasonable care.b. natural fruits art. 756 1 natural fruits belong to the usufructuary if they have ripened during the period of the usufruct.2 the person who has cultivated the land is entitled to claim equitable compensation for his or her costs from the person who receives the ripe fruits, whereby this compensation should not exceed their value.3 constituent parts of the usufruct other than fruits or produce belong to the owner.c. interest art. 757 interest on usufructuary capital and other periodic returns accrue to the usufructuary from the day on which the usufruct begins until the day on which it ends, even if they mature at a later date.d. assignability art. 758 1 unless it is a strictly personal right, the exercise of the usufruct may be assigned to another person.2 the owner is entitled to assert his or her rights directly against such person.2. rights of the owner a. supervision art. 759 the owner may object to any unlawful or inappropriate use of the object.b. security art. 760 1 the owner is entitled to request security from the usufructuary providing he or she may show that his or her rights are jeopardised.2 he or she is entitled to request security without such showing and already before transfer where consumable objects or securities are the object of the usufruct.3 if securities are the object of the usufruct, their deposit constitutes sufficient security.c. security in the case of gifts and statutory usufruct art. 761 1 a person who has transferred an object as a gift while reserving a personal right of usufruct may not be required to provide security.2 the obligation to provide security in the case of statutory usufruct is subject to the specific rules governing the legal relationship.d. consequence of failure to provide security art. 762 if the usufructuary fails to provide security within the reasonable time limit set for that purpose, or if he or she persists in using the object unlawfully despite the owner's objections, the court may dispossess him or her of the object until further notice and appoint a trustee.3. inventory art. 763 the owner and the usufructuary have the right at any time to request that a publicly notarised inventory of the objects subject to the usufruct be drawn up at their joint expense.4. costs a. preservation of the object art. 764 1 the usufructuary must preserve the object in its original condition and of his or her own accord carry out such repairs and renovations as constitute normal maintenance.2 if more substantial work or measures are necessary to protect the object, the usufructuary must inform the owner and allow such work to be carried out.3 if the owner does not attend to the matter, the usufructuary is authorised to take the necessary steps at the owner's expense.b. maintenance and administration art. 765 1 the usufructuary must bear the costs of the normal maintenance and administration of the object, the interest on the attendant debt and taxes and other duties for the duration of his or her rights over the object.2 if the taxes and duties are payable by the owner, the usufructuary must compensate him or her to the same extent.3 all other charges are borne by the owner, but if the usufructuary does not advance the owner the necessary funds on request, he or she is entitled to dispose of parts of the usufruct for this purpose.c. duty to pay interest on usufruct of assets art. 766 in the case of a usufruct of assets, the usufructuary must pay interest on the debts but, where justified in the circumstances, is entitled on request to be released from that obligation by redemption of the debt so that afterwards the usufruct is confined to the remainder of the assets.d. insurance art. 767 1 the usufructuary must insure the object in favour of the owner against fire and other risks to the extent such insurance is required under the duty of care required by local custom.2 where this is the case, and also where a usufruct is established on an already insured object, the usufructuary bears the costs of the insurance for the duration of the usufruct.v. special cases 1. land a. fruits art. 768 1 the usufructuary of immovable property must ensure that it is not exploited beyond the normal limits by the type of use to which it is put.2 to the extent that fruits are collected beyond such limits they belong to the owner.b. use art. 769 1 the usufructuary must not change the intended use of the immovable property in a manner that is significantly detrimental to the owner.2 he or she must neither transform nor substantially modify the object.3 he or she may dig quarries, marl pits, peat cuttings and the like only after giving prior notice to the owner and on condition that the intended use of the immovable property is not substantially changed.c. woodland art. 770 1 the usufructuary of woodland is entitled to farm it within the limits of a reasonable business plan.2 both owner and usufructuary may require compliance with a plan which takes due account of their rights.3 where there is large-scale loss of woodland caused by storm, snow, fire, insect infestation or other factors, either the exploitation must gradually be reduced or the business plan adapted to the changed circumstances; income realised from the clearing of timber must be invested at interest and serves as compensation for the loss of woodland.d. mines art. 771 the provisions governing the usufruct of woodland apply mutatis mutandis to the usufruct of objects, such as mines, whose use involves the extraction of substances from the earth.2. consumables and valued chattels art. 772 1 in the absence of an agreement to the contrary, the usufructuary becomes the owner of consumable objects but is liable to replace the value they had at the beginning of the usufruct.2 where any other chattels which have been valued are transferred to the usufructuary he or she may, in the absence of an agreement to the contrary, freely dispose of them but is liable for their replacement if he or she exercises such right.3 agricultural equipment, herds of animals, stores of goods and the like may be replaced with objects of the same kind and quality.3. claims a. scope art. 773 1 a usufruct of debts entitles the usufructuary to retain the realised revenue.2 notices of termination to the debtor and dispositions relating to securities subject to a usufruct must be made jointly by the creditor and the usufructuary; notices of termination by the debtor must be addressed to both.3 if a debt is at risk, the creditor and the usufructuary have a mutual right to request each other's consent to such measures as are required to ensure diligent administration.b. repayments and reinvestment art. 774 1 if the debtor is not specifically authorised to repay either the creditor or the usufructuary, he or she must pay them jointly or deposit the amount.2 the benefit received, such as the repayment of the principal, if under the usufruct.3 both creditor and usufructuary are entitled to a secure, interest-bearing reinvestment of the principal.c. right to assignment art. 775 1 the usufructuary has the right to request the assignment of the debts and securities over which he or she has a usufruct within three months of the beginning thereof.2 once assignment has been effected, he or she is liable to the former creditor for the value of the debts and securities as at the date of assignment and is required to provide security for that amount unless waived by the creditor.3 if the creditor has not waived his or her right to security, the assignment becomes effective only once security has been posted.b. right of residence i. in general art. 776 1 the right of residence is the right to live in all or part of a building.2 it is neither transferable nor heritable.3 it is subject to the provisions governing usufruct unless the law provides otherwise.ii. rights of the usufructuary art. 777 1 the scope of the right of residence is generally tailored to the personal requirements of the usufructuary.2 however, unless the right is expressly restricted to the person of the holder, he or she may share the residence with his or her family and household.3 if the right of residence is limited to part of a building, the holder may use the fittings and installations intended for common use.iii. maintenance costs art. 778 1 if the right of residence is exclusive, the usufructuary bears the costs of ordinary maintenance.2 if the right of residence is exercised jointly with the owner, the latter bears the maintenance costs.c. building right i. object and entry in the land register582 582 amended by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).art. 779 1 immovable property may be encumbered with an easement entitling a third party to erect or maintain a construction above or below ground on such land.2 unless otherwise agreed, this right is transferable and heritable.3 if the building right has the character of a distinct and permanent right it may be recorded in the land register as immovable property.ii. legal transaction art. 779a583 1 the legal transaction creating a building right is only valid if done as a public deed.2 if the remuneration for the building right and any other contractual provisions should be noted in the land register, they are also only valid if done as a public deed.583 inserted by no i of the fa of 19 march 1965 (as 1965 445; bbl 1963 i 969). amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iii. nature, scope and noting584 584 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 779b585 1 contractual provisions on the nature and scope of a building right, such as location, design, size and purpose of the buildings, as well as on the use of land which, although not built on, is used in the exercise of the building right, are binding on every new owner of the right and the servient property.2 additional contractual provisions may be noted in the land register, if the parties so agree.586585 inserted by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).586 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iv. consequences of expiry 1. reversion art. 779c587 when the building right expires, any existing construction reverts to the landowner and becomes an integral part of his or her parcel of land.587 inserted by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).2. compensation art. 779d588 1 the landowner must pay the holder of the expired right adequate compensation for the buildings which have reverted to his or her ownership, but such compensation is subject to the outstanding claims of creditors to whom the building right was pledged as security and is not payable to the holder of the building right without their consent.2 if the compensation has neither been paid nor secured, the holder of the expired right or a creditor to whom the building right was pledged as security may request that a mortgage right be registered in place of and with the same rank as the expired right as security for the compensation claim.3 such registration must be made within three months of expiry of the building right.588 inserted by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).art. 779e589 589 inserted by no i of the fa of 19 march 1965 (as 1965 445; bbl 1963 i 969). repealed by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).v. premature reversion 1. prerequisites art. 779f590 if the holder of the building right grossly violates his or her right in rem or his or her contractual obligations, the owner is entitled to premature reversion by requesting that the building right with all rights and encumbrances be transferred back to him or her.590 inserted by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).2. exercising the right of reversion art. 779g591 1 the right of reversion may be exercised only provided adequate compensation is paid for the reverting buildings, the amount payable being susceptible to reduction if the holder of the building right is at fault.2 the building right will not be transferred to the owner until the compensation has been paid or secured.591 inserted by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).3. other applicable cases art. 779h592 the provisions governing the exercise of the right of reversion apply to all rights reserved by the landowner to terminate or reclaim the building right prematurely in the event of breach of duty.592 inserted by no i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).vi. liability for remuneration for the right 1. right to establish a lien art. 779i593 1 provided the building right is recorded in the land register, the landowner is entitled to established a lien thereon against each current holder as security for up to three annual payments.2 where the remuneration does not consist of equal annual payments, the landowner is entitled to record a statutory lien for an amount aggregating three annual payments.593 inserted by section i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).2. registration art. 779k594 1 the lien may be recorded at any time during the existence of the building right and is exempt from deletion in compulsory sale proceedings.2 the provisions governing recording of a building contractor's lien apply mutatis mutandis.594 inserted by section i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).vii. maximum duration art. 779l595 1 a building right may be established as a distinct right for a maximum of 100 years.2 it may be prolonged at any time for a further period of up to 100 years in the same form as that required for its establishment, but any obligation to do so stipulated in advance is not binding.595 inserted by section i of the fa of 19 march 1965, in force since 1 july 1965 (as 1965 445; bbl 1963 i 969).d. right of access to water sources art. 780 1 the right of access to a water source on a parcel of land owned by another encumbers such land with a servitude permitting the drawing and channelling-off of water.2 unless otherwise agreed, the right is transferable and heritable.3 if the right of access to water is distinct and permanent, it may be recorded in the land register as immovable property.e. other servitudes art. 781 1 an owner may establish other servitudes on his or her property in favour of any person or group if such servitudes meet a particular need, such as rights of access for shooting practice or rights of way.2 unless otherwise agreed, such servitudes are non-transferable and their nature and scope is based on the beneficiaries' normal needs.3 in other respects they are subject to the provisions governing easements.f. judicial measures art. 781a596 the beneficiaries of an easement recorded in the land register are subject by analogy to the provisions on judicial measures in the event that the owner cannot be found or in the absence of the required management bodies of a legal entity.596 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).chapter three: real burdens a. object art. 782 1 a real burden obliges an owner of immovable property to fulfil an obligation to a beneficiary for which he or she is liable solely with the immovable property.2 the current owner of another property may be designated as the beneficiary.3 other than in the case of public law real burdens, a real burden may have as its object only one obligation, which is determined either by the nature of the servient property or the economic needs of the benefited property.597597 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. establishment and extinction i. establishment 1. registration and form of acquisition art. 783 1 a real burden is established by recording in the land register.2 the entry must stipulate a total value for the real burden denominated in swiss currency which, in the case of periodic payments and in the absence of any agreement to the contrary, shall equal twenty times the annual payment.3 the provisions governing land ownership apply to the acquisition or registration of real burdens, unless otherwise provided.2. public law real burdens art. 784598 the establishment of public law real burdens and their effect in relation to third parties acting in good faith is governed by analogy by the provisions of cantonal law on statutory liens.598 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 785599 599 repealed by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. extinction 1. in general art. 786 1 a real burden is extinguished on deletion of the entry or on the complete loss of the servient property.2 in the case of redemption, replacement or other causes of extinction, the burdened owner acquires a right against the beneficiary for the deletion of the entry.2. redemption a. by the creditor art. 787 1 the creditor may request redemption of the real burden by agreement and also:6001.601 if the servient property has been divided and the creditor does not accept the transfer of the debt to the divided parts;2. if the owner reduces the value of the land without providing other security by way of replacement;3. if the debtor is in arrears for three years' worth of performance.2 if the creditor requests redemption due to the division of the property, the he or she must give one year's notice of termination within one month of the transfer becoming legally binding.602600 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).601 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).602 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. by the debtor art. 788 1 the debtor may request redemption of the real burden by agreement, and also:1. if the beneficiary fails to abide by the agreement establishing the real burden;2. if the real burden has been in existence for thirty years, even where a longer duration or a charge in perpetuity was agreed.2 if the debtor wishes to redeem the charge after thirty years, he or she must in every case give notice of termination one year in advance.3 the real burden may not be redeemed in such manner if it is linked with a perpetual easement.c. redemption sum art. 789 the redemption sum is equal to the amount recorded in the land register as the total value of the real burden, unless its real value is shown to be less.3. prescription art. 790 1 a real burden is not subject to prescription.2 each individual obligation is subject to prescription from the time it becomes the obligor's personal debt.c. scope i. creditor's rights art. 791 1 the real burden creditor has no personal claim against the debtor, but only the right to satisfaction from the servient property.2 however, three years after it if due, each individual obligation becomes a personal obligation for which the property is no longer liable.ii. debt liability art. 792 1 if the land changes ownership, the new owner automatically becomes the obligor under the real burden.2 if the land is divided, the owners of the divided parts become debtors under the real burden. the debt is apportioned over the divided parts of the property in accordance with the provisions on mortgage contracts.603603 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).title twenty-two: mortgages chapter one: general provisions a. requirements i. types art. 793 1 a mortgage may be created on immovable property in the form of a mortgage contract or a mortgage certificate.6042 no other types of mortgage are permitted.604 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. form of the debt 1. amount art. 794 1 whenever a mortgage is created, a specific amount denominated in swiss currency must be indicated as the debt.2 if the amount of the debt is unspecified, a maximum amount must be indicated up to which the property is liable for all claims of the creditor.2. interest art. 795 1 the interest payable may be set at any level at the parties' discretion within the legal limits imposed to prevent abusive interest rates.2 cantonal law may provide for a maximum permissible interest rate for debts secured by mortgages.iii. immovable property 1. property subject to a charge art. 796 1 a mortgage may be created only on immovable property recorded in the land register.2 the cantons may prohibit or enact special provisions to regulate the creation of mortgages over publicly owned land or over common land and pastures owned by corporations, and over any associated rights of use.2. specification a. in the case of a single property art. 797 1 where a mortgage is created, the immovable property that it encumbers must be clearly specified.2 parts of a property may not be made subject to a mortgage unless the division of the property has been recorded in the land register.b. in the case of more than one property art. 798 1 a mortgage right may be created on two or more properties for a single debt provided the properties are all owned by the same person or by debtors who are jointly and severally liable.2 in all other cases where more than one property is made subject to a mortgage as security for a single debt, each of the properties shall be encumbered for a specified portion of the total debt.3 unless otherwise agreed, the total amount secured by the mortgage is divided in proportion to the values of the properties.3. agricultural properties art. 798a605 the federal act of 4 october 1991606 on rural land rights applies to the establishment of mortgages over agricultural properties.605 inserted by art. 92 no 1 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).606 sr 211.412.11b. creation and extinction i. creation 1. registration art. 799 1 subject to exceptions provided by law, a mortgage is created by its recording in the land register.2 a legal transaction creating a mortgage is valid only if done as a public deed.607607 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. in the case of joint ownership art. 800 1 in the case of joint ownership of a property, each joint owner may create a mortgage over his or her share.2 in the case of collective ownership, the property may be made subject to a mortgage only as a whole and in the name of all co-owners.ii. extinction art. 801 1 a mortgage is extinguished on deletion of the entry or the complete loss of the property.2 extinction as a result of compulsory purchase is governed by federal and cantonal compulsory purchase law.iii. charges on consolidated land 1. transfer of liens art. 802 1 in the case of land consolidation procedures carried out with the assistance or under the supervision of the public authorities, the mortgage rights assigned are transferred with the same ranking to the land allotted by way of replacement.2 where one parcel of land replaces several parcels which are subject to a mortgage as security for different debts, or not all of which are subject to a mortgage, the liens will be applied to the single parcel of land and their ranking preserved wherever possible.2. redemption by the debtor art. 803 the debtor is entitled to redeem liens on parcels of land involved in a land consolidation procedure by giving three months' notice expiring on the date on which such consolidation takes effect.3. monetary compensation art. 804 1 where monetary compensation is received in connection with the consolidation of parcels of land subject to mortgages, such funds are distributed among the creditors according to their rank or, if of equal rank, in proportion to the size of their claims.2 such compensation must not be paid to the debtor without the creditors' consent if it exceeds one-twentieth of the secured debt, or if the new parcel of land no longer provides sufficient security.c. effect i. extent of security art. 805 1 a mortgage right encumbers the entire property including all its constituent parts and accessories.2 if accessories, such as machines or hotel furnishings, are expressly listed in the mortgage agreement and noted as such in the land register, they are treated accordingly unless it is shown that the law precludes their qualification as accessories.3 rights of third parties to the accessories are reserved.ii. rent art. 806 1 if the mortgaged property is let, the mortgage covers the rent claims which accrue between the date on which foreclosure proceedings are commenced or the date on which the debtor is declared bankrupt and the date of realisation.2 tenants and lessees are bound by the mortgage only once they have been informed of the enforcement proceedings or the bankruptcy has been published.3 transactions by the property owner involving claims for unmatured rent and any actions of distraint by other creditors are invalid in respect of any mortgage creditor who initiated foreclosure proceedings before the rent claims matured.iii. prescription art. 807 claims for which a mortgage has been recorded in the land register are not subject to prescription.iv. safeguarding powers 1. in the event of a reduction in value a. court order and action by the creditor art. 808 1 if the owner reduces the value of the mortgaged property, the creditor may request that the court prohibit any further detrimental action.2 the creditor may be authorised by the court to take appropriate measures and may do so even without authorisation if there is risk in delay.3 he or she may request compensation for the costs of such measures from the owner and shall acquire a lien on the property for the corresponding amount. this lien does not require to be recorded in the land register and takes precedence over all other registered encumbrances.6084 if the amount of the lien exceeds 1000 francs and the lien is not recorded in the land register within four months of completion of the measures, it may not cited in opposition to third parties who rely on the land register in good faith.609608 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).609 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. security, restoration, redemption art. 809 1 if the property has depreciated, the creditor has the right to request that the debtor secure his or her debts or restore the property to its previous state.2 he or she may also demand security in the case of imminent depreciation.3 if the debtor does not comply within the time limit set by the court, the creditor may request redemption of such portion of the debt as is appropriate to compensate for the reduced degree of security.2. depreciation without owner's fault art. 810 1 in the event of depreciation without fault on the owner's part, the creditor has a right to security or redemption only if the owner is indemnified for the damage.2 however, the creditor is entitled to take measures to prevent or eliminate the depreciation. he or she shall acquire a lien on the property for his or her costs which does not render the owner personally liable. this lien does not require to be recorded in the land register and takes precedence over all other registered encumbrances.6103 if the amount of the lien exceeds 1000 francs and the lien is not recorded in the land register within four months of completion of the measures, it may not be cited in opposition to third parties who rely on the land register in good faith.611610 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).611 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).3. disposal of minor portions of the property art. 811 if a part of the property worth less than one-twentieth of the secured debt is disposed of, the creditor may not refuse to release this portion from liability under the lien provided a proportionate repayment of the debt is made or the rest of the property provides him or her with sufficient security.v. further encumbrances art. 812 1 any waiver by the owner of right to create further charges over the servient property is non-binding.2 if, after the mortgage right has been created, the immovable property is encumbered with an easement or a real burden without the mortgage creditor's consent, the mortgage right takes precedence over the later encumbrances, which will be deleted if, in the event of enforcement proceedings, their existence is prejudicial to the mortgage creditor.3 however, the beneficiary of the easement or real burden has a claim for payment of the value of his or her right out of the enforcement proceeds, such claim taking precedence over the beneficiaries of encumbrances subsequently recorded in the land register.vi. rank 1. effect of rank art. 813 1 a mortgage is confined to the rank indicated in the entry.2 mortgage rights may be established in a second or any lower rank provided the amount taking precedence is specified in the entry.2. ranking art. 814 1 if mortgage rights of different rank are created on an immovable property, any deletion does not entitle the beneficiaries of lower-ranking mortgage to advance in rank.2 the owner may create another mortgage in place of one which has been deleted.3 an agreement providing for mortgage creditors to advance in rank only has in rem effect where it is recorded as a priority notice in the land register.3. vacant ranks art. 815 if a subordinate mortgage right is created and no higher-ranking mortgage exists, or if the debtor has not yet made use of an existing higher-ranking right to create a mortgage, or if a precedent claim is worth less than the amount recorded in the land register, in the event of foreclosure, the proceeds are distributed among the actual mortgage creditors according to their rank and irrespective of vacant ranks.vii. foreclosure 1. mode art. 816 1 in the event of default on the part of the debtor, the creditor has the right to payment out of the proceeds of the sale of the property.2 any agreement stipulating that the property subject to the mortgage will become the property of the creditor in the event of default on the part of the debtor is invalid.3 where several properties are made subject to a mortgage as security for a single claim, foreclosure proceedings must be brought simultaneously against all such properties, while individual properties are sold only if deemed necessary by the debt enforcement office.2. distribution of the proceeds art. 817 1 the proceeds from the sale of the property are distributed among the mortgage creditors according to their rank.2 creditors of the same rank are entitled to equal satisfaction.3. extent of security art. 818 1 a mortgage right secures the creditor:1. for the principal;2. for the costs of debt enforcement and default interest;3.612 for three years' accrued annual interest due on the date of the application for foreclosure or the debtor is declared bankrupt, plus the interest due since the last maturity date; in the case of a mortgage certificate only the interest actually due is secured by the mortgage.2 the interest rate originally agreed must not exceed five per cent to the detriment of subordinate mortgage creditors.612 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).4. security for maintenance costs art. 819613 1 if a creditor has incurred expenses necessary for the maintenance of the property, in particular by paying insurance premiums owed by the owner, such expenses are secured by a lien over the property. this lien does not require to be recorded in the land register and takes precedence over all other registered encumbrances.2 if the amount of the lien exceeds 1000 francs and the lien is not recorded in the land register within four months of the compensatory act being carried out, it may not be cited in opposition to third parties who rely on the land register in good faith.613 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).viii. lien in the case of land improvements 1. precedence art. 820 1 if a rural property increases in value due to improvements carried out with the help of the public authorities, the owner may record a lien in the land register as security for his or her share of the costs which takes precedence over all other registered encumbrances on the property.2 if such land improvement is made without state subsidy, the owner may enter the lien for a maximum of two-thirds of his or her costs.2. extinction of debt and lien art. 821 1 if a land improvement is made without state subsidy, the debt in relation to the lien must be repaid in annual payments of at least five per cent of the registered amount of the lien.2 the lien is extinguished for the claim and for each annual payment three years after maturity, and any lower-ranking mortgage creditors advance in rank.ix. entitlement to insurers' payments art. 822 1 a payment under insurance policy may be made to the owner of the insured property only with the consent of all the charge creditors.2 however, it may be made to the owner for the purposes of restoring the property subject to the charge provided adequate security is furnished.3 in other respects, the cantonal provisions governing fire insurance are reserved.x. untraceable creditor art. 823614 where the name or place of residence of the creditor is unknown, the court may, at the request of the debtor or other interested parties, order the necessary measures in cases where the law requires that a creditor take personal action as a matter of urgency.614 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).chapter two: the mortgage contract a. purpose and nature art. 824 1 a mortgage contract may secure any kind of debt, be it current, future or contingent.2 the mortgaged property need not be owned by the debtor.b. establishment and extinction i. establishment art. 825 1 a mortgage contract is created in a specific rank even if the secured amount is indeterminate or variable, and it retains such rank notwithstanding any fluctuations in the secured amount.2 the creditor may request that the land registrar provide him or her with an extract concerning the mortgage contract. such an extract has only evidential status and does not constitute a negotiable instrument.3 in lieu of such evidence, a certificate of registration may be appended to the mortgage contract deed.ii. extinction 1. right to have entry deleted art. 826 if the debt is extinguished, the owner of the mortgaged property may request the creditor to authorise the deletion of the entry from the land register.2. position of owner art. 827 1 if the property owner is not the debtor of the secured debt, he or she may redeem the mortgage on the same conditions as the debtor may repay the debt.2 if he or she satisfies the creditor, the claim passes to him or her.3. unilateral redemption a. conditions and procedure art. 828 1 where a property is mortgaged for more than its value in respect of debts for which the acquirer is not personally liable, and providing no debt enforcement proceedings are pending, cantonal law may authorise the acquirer to redeem the mortgage rights either by paying the purchase price to the creditors or, where the property was acquired without payment, the amount at which he or she values the property.2 he or she must give the creditors six months' notice in writing of his or her intention to redeem the mortgage.3 the redemption amount is distributed among the creditors according to their rank.b. public auction art. 829 1 within one month of the acquirer's notification, the creditors are entitled to request that the mortgaged property be sold at public auction provided that they advance the costs, such auction to be announced publicly and held within one month of the date on which it was requested.2 if a higher price than the one offered is obtained at auction, the mortgage is redeemed at that higher price.3 the costs of the public auction are borne by the acquirer if a higher price is obtained, or otherwise by the creditor who requested the auction.c. official valuation art. 830 cantonal law may provide that the redemption amount be determined by an official valuation rather than by sale at public auction.4. termination art. 831 where the owner of the mortgaged property is not also the debtor, notice given by the creditor to terminate his or her claim is binding on the owner only if it is served on both him or her and the debtor.c. effect i. ownership and liability 1. alienation art. 832 1 the alienation of a mortgaged property does not affect liability under the mortgage contract and of the debtor unless otherwise agreed.2 however, if the new owner has assumed liability for the secured debt, the previous debtor is discharged unless the creditor notifies him or her in writing within one year that he or she intends to retain him or her as debtor.2. division art. 833 1 if part of a mortgaged property or one of two or more mortgaged properties belonging to the same owner is alienated or if the mortgaged property is divided, unless otherwise agreed, liability under the mortgage will be reallocated in proportion to the value of the different parts.2 if the creditor does not wish to accept such reallocation, within one month of its becoming final he or she may request repayment of his or her debt within one year.3 where the new owners have assumed liability for the debts secured by their properties, the previous debtor is discharged unless the creditor notifies him or her in writing within one year that he or she intends to retain him or her as debtor.3. notice of assumption of debt art. 834 1 if the new owner assumes the debt, the land registrar notifies the creditor accordingly.2 the one-year time limit for the creditor's declaration runs as of such notice.ii. assignment of a debt art. 835 the assignment of a debt secured by a mortgage contract is valid without entry in the land register.d. statutory mortgage right i. under cantonal law art. 836615 1 where cantonal law grants the creditor the right to a lien in respect of debts that are directly related to the servient property, the lien is created when it is recorded in the land register.2 where statutory liens amounting to over 1000 francs are created under cantonal law without being recorded in the land register and if they are not recorded in the land register within four months of the underlying debt becoming due, or at the latest within two years of the debt arising, on expiry of the period allowed for registration they may no longer be cited in opposition to third parties who rely on the land register in good faith.3 more restrictive regulations under cantonal law are reserved.615 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. with entry 1. cases in point art. 837616 1 the right to establish a statutory mortgage right applies to:1. the vendor's claim to the sale price;2. the claims of co-heirs and other co-owners in undivided shares arising from the division of immovable property which belonged to the community;3. the claims of tradesmen and building contractors who have supplied labour and materials, or labour alone, for construction or other works, for demolition work, scaffolding work or for securing the construction pit or similar on the property whether the debtor is the owner of the property, tradesman or building contractor, tenant or any other person with rights to the property.2 if a tenant or other person with rights to the property is liable for debts due to tradesmen or building contractors, the claim is valid only if the property owner has consented to the work being done.3 the beneficiary may not waive such statutory mortgage rights in advance.616 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. vendor, coheirs and coowners art. 838 a lien in favour of the vendor, co-heirs or co-owners in undivided shares must be registered within three months of transfer of ownership.3. tradesmen and building contractors a. registration art. 839617 1 a tradesman's or building contractor's lien may be recorded in the land register as of the date of his or her undertaking to perform work.2 application for such entry must be made within four months of completion of the work.3 the lien is entered only if the claim has been acknowledged by the owner or confirmed in a court judgment and may not be requested if the owner provides the claimant with adequate security.4 if the property is indisputably administrative assets and if the owner's liability for the debt is not based on contractual obligations, the owner shall be liable to the tradesmen or building contractor for debts that are acknowledged or determined by a court in accordance with the provisions on a debt subject to a simple surety, provided a written claim for the debt making reference to the statutory surety was made against the owner no later than four months after completion of the work.5 if there is a dispute as to whether immovable property constitutes administrative assets, the tradesman or building contractor may apply for the provisional recording of the lien in the land register no later than four months after completion of the work.6 if it is held in a court judgment that the immovable property constitutes administrative assets, the provisional recording of the lien must be deleted. it shall be replaced by the statutory surety provided the requirements of paragraph 4 are met. the deadline is met with the provisional recording of the lien.617 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. rank art. 840 if more than one statutory building contractor's lien is recorded in the land register, such liens confer an equal entitlement to satisfaction from the mortgaged property even if the entries were made on different dates.c. privileged claim art. 841 1 where the claims of tradesmen and building contractors are not wholly satisfied by foreclosure, the shortfall must be compensated for by the higher-ranking creditors out of such portion of the proceeds as exceeds the land value, provided it is apparent to such creditors that their liens have encumbered the property to the detriment of the tradesmen and building contractors.2 if the higher-ranking creditor alienates his or her mortgage security, he or she must compensate the tradesmen and building contractors for any sum of which they are deprived by such alienation.3 once an interested party has had the beginning of the work noted in the land register, until the time limit for registration has expired, liens may only be registered in the form of mortgage contracts.chapter three:618 mortgage certificates 618 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).a. mortgage certificate i. purpose; relationship with the debt arising from the basic relationship art. 842 1 a mortgage certificate gives rise to a personal debt secured by a mortgage.2 in the absence of an agreement to the contrary, the mortgage certificate, where applicable, co-exists with the debt to be secured that arises from the basic relationship between the creditor and the debtor3 the debtor may raise the personal objections arising from the basic relationship against the creditor and his or her legal successors where they do not act in good faith.ii. form art. 843 the mortgage certificate takes the form of either a register mortgage certificate or a mortgage certificate on paper.iii. position of owner art. 844 1 the owner of a mortgaged property who is not also the debtor under the mortgage certificate is subject to the provisions governing mortgage contracts.2 in the case of a mortgage certificate, the owner of the mortgaged property may raise the same objections as the debtor.iv. sale. division art. 845 the consequences of the sale and the division of the property are governed by the provisions on mortgage contracts.v. mortgage certificate debt and ancillary agreements 1. in general art. 846 1 the mortgage certificate debt must neither relate to the basic relationship nor include conditions or considerations in return.2 the mortgage certificate may include debt-related ancillary agreements on the rate of interest, repayment instalments and discharge as well as other ancillary provisions relating to the mortgage certificate debt. a reference to a separate agreement is permitted.2. notice art. 847 1 the mortgage certificate may be discharged by the creditor or the debtor at six months notice at the end of any month unless otherwise agreed.2 any agreement may not allow the creditor a shorter period of notice than three months, unless the debtor defaults in making the repayments or paying the interest.vi. protection of persons acting in good faith art. 848 for any person relying on the land register in good faith, the details of the mortgage certificate debt and the lien accord with the entry.vii. objections by the debtor art. 849 1 the debtor may raise only such objections as arise from the entry in the land register or to which he or she is personally entitled with regard to the creditor or to document of title in the case of a mortgage certificate on paper.2 agreements including ancillary provisions on the mortgage certificate debt may only be cited in opposition to an acquirer of the mortgage certificate acting in good faith if they are referred to in the land register and on the document of title in the case of a mortgage certificate on paper.viii. authorised person art. 850 on the issue of a mortgage certificate, a person may be granted a power of attorney. this person must make and receive payments, receive notices, consent to releases from liability under the mortgage and in general safeguard the rights of the creditors, debtor and owner with all due care and impartiality2 the name of the authorised person must be recorded in the land register and on the document of title.3 if the power of attorney lapses and the persons involved are unable to agree, the court shall make the necessary arrangements.ix. place of payment art. 851 1 the debtor must make all payments at the domicile of the creditor unless otherwise agreed.2 if the creditor's domicile is unknown or has changed to the detriment of the debtor, the latter may discharge his or her obligation by depositing payment with the competent authority at his or her own domicile or at the creditor's former domicilex. changes in the legal relationship art. 852 1 where the legal relationship changes to the advantage of the debtor, in particular through the repayment of the debt, the debtor may request the creditor to agree to an amendment being recorded in the land register.2 in the case of a mortgage certificate on paper, the land register shall note the amendment on the document of title.3 in the absence of such an entry or the note on the document of title, the effect of the change in the legal relationship has no effect on an acquirer of the mortgage certificate acting in good faith.xi. discharge art. 853 if the mortgage certificate debt is discharged, the debtor may request the creditor:1. to agree to transfer the register mortgage certificate into the name of the debtor; or2. to hand over the document of title to the paper mortgage certificate without cancelling the same.xii. extinction 1. in the absence of a creditor art. 854 1 if there is no longer a creditor, or if the creditor waives his or her lien, the debtor has the option of either having the entry deleted or allowing it to remain in the land register.2 the debtor also has the right to continue to use the mortgage certificate.2. deletion art. 855 a mortgage certificate on paper may not be deleted from the land register before the document of title has been cancelled or declared void by the court.xiii. public call to creditors art. 856 1 if the creditor under a mortgage certificate has not come forward for ten years and if no demand has been made for interest during that period, the owner of the mortgaged property may ask the court to make a public call for the creditor to come forward within six months2 if the creditor fails to come forward within this period and if an investigation concludes that there is a high probability that a valid claim no longer exists, the court shall:1. in the case of a register mortgage certificate, delete the lien from the land register; or2. cancel the mortgage certificate on paper and delete the lien from the land register.b. register mortgage certificate i. establishment art. 857 1 a register mortgage certificate is created when it is recorded in the land register.2 it is recorded in the name of the creditor or of the landowner.ii. transfer art. 858 1 the transfer of a register mortgage certificate is achieved by recording the new creditor in the land register based on a written declaration from the previous creditor.2 payments by the debtor only have a discharging effect if they are made to the person who at the time of payment is recorded as the creditor in the land register.iii. pledging, distraint and usufruct art. 859 1 the pledging of the register mortgage certificate is achieved by recording the creditor of a charge on chattels in the land register based on a written declaration from the creditor recorded in the land register.2 a distraint order is executed by recording the restriction on power of disposal in the land register.3 the usufruct is created by its recording in the land register.c. mortgage certificate on paper i. creation 1. registration art. 860 1 the creation of a mortgage certificate on paper always requires an entry in the land register and a document of title2 the bearer or a specific person, in particular the landowner, may be named as the creditor under the paper mortgage certificate.3 the mortgage certificate shall take effect on registration even if the document of title has not yet been issued.2. document of title art. 861 1 the mortgage certificate on paper is issued by the land register issued.2 it must be signed by the land registrar in order to be valid. other requirements as to form shall be imposed by the federal council.3 it may be delivered to the creditor or his or her authorised agent only with the express consent of the debtor and of the owner of the servient property.ii. protection of persons acting in good faith art. 862 1 for any person relying on the land register in good faith, the rights stated in the document of title duly issued as a mortgage certificate on paper apply.2 if the wording of the document of title does not correspond to the entry or if there is no entry, the land register is authoritative.3 a person who has acquired a document of title in good faith is entitled to damages in accordance with the provisions governing the land register.iii. creditor's rights 1. claims art. 863 1 a claim arising from a mortgage certificate may not be alienated, pledged or otherwise asserted unless the claimant is in possession of the document.2 this does not apply to the assertion of a claim in cases where the document of title has been cancelled or not yet issued2. assignment art. 864 1 the assignment of a mortgage certificate debt requires the delivery of the document of title to the assignee.2 if the title is in the names of a person, the title must also be endorsed and the name of the assignee given.iv. cancellation art. 865 1 where a document of title has been lost or destroyed without the intention of repaying the debt, the creditor may request the court to cancel the document of title and order the debtor to make payment or that a new document of title be issued for as yet unmatured claims2 the cancellation is made in accordance with the provisions governing the cancellation of bearer securities but subject to a notice period of six months3 likewise, the debtor may request that a lost certificate which has already been redeemed be cancelled.art. 866-874 repealedchapter four: issue of bonds secured by a mortgage right a. bond issues secured by a lien art. 875 registered or bearer bonds may be secured by a mortgage:1. by issuing a mortgage contract or a mortgage certificate for the entire series and appointing an agent for the creditors and the borrower;2. by establishing a mortgage right for the entire bond issue in favour of the issuer and establishing a mortgage on that debt in favour of the bond holders.art. 876-883619 619 repealed by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).title twenty-three: charges on chattels chapter one: pledges of chattels and special liens a. pledges i. establishment 1. possession by pledgee art. 884 1 except where otherwise provided by law, chattels may be pledged only by the transfer of possession of the chattel to the pledgee.2 any person who in good faith takes a chattel in pledge acquires a general lien over it, provided that third parties do not have rights over the chattel as a result of prior possession, even if the pledger had no authority to alienate it.3 the general lien is not established as long as the pledger retains exclusive possession of the chattel.2. pledge of livestock art. 885 1 a general lien on livestock to secure the claims of lending institutions and co-operatives authorised to carry out such transactions by the competent authority of the canton in which they have their seat may be established without transfer of possession by entry in a public register and notification to the debt enforcement office.2 the federal council regulates the keeping of the register.6203 the cantons may levy fees for entries in the register and the associated administration; they determine the register districts and the responsible officials.621620 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).621 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).3. subordinate pledge art. 886 a subordinate pledge is established by notifying the pledgee in writing and instructing him or her to deliver the pledged chattel to the subordinate pledgee after his or her claim has been satisfied.4. further pledge by pledgee art. 887 the pledgee may only give the pledged chattel in further pledge with the pledger's consent.ii. extinction 1. loss of possession art. 888 1 the general lien is extinguished once the pledgee no longer possesses the pledged chattel and is unable to demand its return from third parties.2 the effects of the lien are suspended as long as the pledger has exclusive possession of the pledged chattel with the pledgee's consent.2. return art. 889 1 the pledgee must return the pledged chattel to the entitled party where the pledge is extinguished due to payment of the debt or for some other reason.2 he or she is not obliged to return the pledged chattel, in whole or in part, until his or her claim has been fully satisfied.3. liability of the pledgee art. 890 1 the pledgee is liable for the depreciation or loss of the pledged chattel, unless he or she shows that he or she is not at fault.2 if the pledgee has alienated the pledged chattel or given it in further pledge without authority, he or she is liable for any resulting damage.iii. effect 1. rights of the pledgee art. 891 1 if the debtor is in default the creditor has the right to satisfy his or her claim from the proceeds of the pledge.2 the general lien provides the creditor with security for his or her claim, including contractual interest, debt enforcement costs and default interest.2. scope of the general lien art. 892 1 the general lien encumbers the pledged chattel including its accessories.2 unless otherwise agreed, the pledgee must deliver the natural fruits of the pledged chattel to the owner once they are no longer a constituent part thereof.3 fruits which are a constituent part of the pledged chattel at the time of its realisation are included in it.3. rank art. 893 1 where there are several pledges on the same chattel, the pledgees are satisfied according to their rank.2 rank is determined by the date on which the pledges were established.4. default agreements art. 894 any agreement stipulating that the pledged chattel will become the property of the pledgee in the event of default on the part of the debtor is invalid.b. special lien i. requirements art. 895 1 a creditor has the right to retain chattels and securities which have come into his or her possession with the debtor's consent until his or her claim has been satisfied, providing such claim is due and intrinsically connected with the retained objects.2 between persons engaged in commerce, an intrinsic connection exists where both the claim and the retained objects relate to their commercial dealings.3 the creditor has a special lien provided that third parties do not have rights as a result of prior possession, even if the chattel which he or she has received in good faith does not belong to the debtor.ii. exceptions art. 896 1 no special lien may be asserted over chattels which by their nature are not realisable.2 equally, no special lien may be asserted where to do so would be incompatible with an obligation assumed by the creditor or with instructions issued by the debtor prior to or upon transfer of the chattel or with public policy.iii. in the event of insolvency art. 897 1 in the event of the debtor's insolvency, the creditor has a special lien even if his or her claim is not yet due.2 if the insolvency did not occur or become known to the creditor until after transfer of the chattel, the special lien may be exercised even if incompatible with a prior obligation or with a special instruction issued by the debtor.iv. effect art. 898 1 if the debtor is in default and fails to provide sufficient security, the creditor is entitled to realise the retained object in the same manner as a pledged chattel after notifying the debtor.2 where retained registered securities are to be realised, the debt enforcement or bankruptcy official must take the necessary steps on the debtor's behalf.chapter two: liens on debts and other rights a. in general art. 899 1 debts or other rights may be pledged provided they are assignable.2 unless otherwise provided, a general lien on debts and other rights is regulated by the provisions governing the pledging of chattels.b. establishment i. in the case of ordinary claims art. 900 1 in order to pledge a debt not evidenced in writing or for which only a borrower's note exists, the pledge agreement must be executed in writing and, where applicable, the borrower's note transferred.2 the pledgee and the pledger may inform the debtor of the pledge.3 in order to pledge other rights, a written pledge agreement must be drawn up and any form required for the transfer must be observed.ii. in the case of securities art. 901 1 in the case of bearer securities, delivery of the certificate to the pledgee is sufficient to establish the pledge.2 in the case of other securities, the certificate must be delivered and either endorsed or accompanied by a declaration of assignment.3 the pledging of intermediated securities is governed exclusively by the intermediated securities act of 3 october 2008622.623622 sr 957.1623 inserted by annex no 1 of the intermediated securities act of 3 oct. 2008, in force since 1 jan. 2010 (as 2009 3577; bbl 2006 9315).iii. in the case of documents of title to goods art. 902 1 where there are documents of title to goods, the goods may be pledged by pledging the documents.2 where a special warrant exists in addition to a document of title to goods, pledging the warrant is sufficient to pledge the goods, provided notice of the pledge including the amount of the debt and the maturity date is entered on the document of title.iv. subordinate pledge art. 903 a subordinate pledge of a debt is valid only if the prior ranking pledgee is notified in writing of the subordinate pledge by the creditor or by the subordinate pledgee.c. effect i. extent of security art. 904 1 unless otherwise agreed, a pledge of interest-bearing debts or other debts conferring periodic subsidiary benefits, such as dividends, is limited to the current debt and the creditor is not entitled to payments which have already fallen due.2 however, where such subsidiary rights are evidenced by separate documents, unless otherwise agreed, they are also covered by pledged to the extent that the pledge has been validly established.ii. representation of pledged shares and capital contributions to limited liability companies624 624 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 905 1 pledged shares are represented at general meetings of shareholders by the shareholder rather than the pledgee.2 pledged capital contributions to a limited liability company are represented in the members' general meeting by the member rather than the pledgee.625625 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iii. administration and payment art. 906 1 if diligent administration so requires, the creditor may give notice to terminate the pledged claim and collect the debt and the pledgee is entitled to request that such procedures be carried out.2 once notified of the pledge, the debtor may make payment to either the creditor or the pledgee, but only with the other party's consent.3 where no such consent is forthcoming, he or she must deposit the amount due.chapter three: pawnbroking a. pawnbrokers i. licensing art. 907 1 any person wishing to operate as a pawnbroker requires a licence from the cantonal government.2 cantonal law may provide that such licences are granted only to cantonal or communal bodies and charitable organisations.3 the cantons may levy fees from pawnbrokers.ii. duration of licence art. 908 1 a licences is granted to private pawnbrokers for a specific period only, but may be renewed.2 a licence may be revoked at any time if the pawnbroker fails to comply with the provisions applicable to his or her business.b. pawning i. establishment art. 909 a chattel is pawned by delivering it to the pawnbroker against receipt.ii. effect 1. sale of pawned chattel art. 910 1 if the pawned chattel is not redeemed by the redemption deadline, the pawnbroker may sell it at public auction after making a prior call for redemption.2 the pawnbroker has no claim against the pledger.2. right to surplus art. 911 1 if the auction proceeds exceed the pawned amount, the pledger is entitled to the surplus.2 several claims against the same pledger may be treated as a single claim for the purpose of calculating the surplus.3 the claim to the surplus prescribes five years after the sale of the pawned chattel.iii. redemption of the pawned chattel 1. right of redemption art. 912 1 provided it has not yet been sold, the pledger may redeem the pawned chattel against return of the receipt.2 if the pledger is unable to present the receipt, he or she is entitled to redeem the pawned chattel after the redemption deadline provided he or she establishes his or her entitlement.3 as of six months after the redemption deadline, the pledger also has such right even where the pawnbroker has expressly reserved the right to release the pawned chattel only against return of the receipt.2. pawnbroker's rights art. 913 1 on redemption the pawnbroker is entitled to charge interest for the full current month.2 if the pawnbroker has expressly reserved the right to return the pawned chattel to any bearer of the pawn receipt, he or she may do so as long as he or she does not know and could not reasonably be expected to know that the bearer acquired the receipt unlawfully.c. purchase with right of repurchase art. 914 commercial purchases with right of repurchase are deemed equivalent to pawnbroking.d. rules governing pawnbroking art. 915 1 cantonal law may issue further regulations governing pawnbroking.2 .626626 repealed by section ii 21 of the fa of 15 dec. 1989 on the approval of cantonal decrees by the confederation, with effect from 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333).chapter four: . art. 916-918627 627 repealed by art. 52 no 2 of the mortgage bond act of 25 june 1930, with effect from 1 feb. 1931 (bs 2 747; bbl 1925 iii 527).division three: possession and the land register title twenty-four: possession a. definition and types i. definition art. 919 1 effective control over a thing constitutes possession of it.2 in the case of easements and real burdens, effective exercise of the right constitutes possession.ii. direct and derivative possession art. 920 1 where the possessor transfers an object to a third party in order to confer on him or her a limited right in rem or a personal right, both are considered to have possession.2 the owner of the object has direct possession and any other possessor has derivative possession.iii. temporary interruption art. 921 possession is not lost if the exercise of effective control is impeded or interrupted by occurrences of a temporary nature.b. transfer i. among parties present in person art. 922 1 possession is transferred by the delivery of the object itself or of the means by which the recipient may gain effective control of it.2 transfer is complete once the transferee is able to exercise effective control over the object with the consent of the prior possessor.ii. among absent persons art. 923 transfer among persons who are absent is completed on delivery of the object to the transferee or his or her representative.iii. without physical transfer art. 924 1 possession of an object may be acquired without physical delivery if a third party or the transferor himself retains possession of it in terms of a special legal relationship.2 the transfer is not binding on the third party who retains possession of the object until he or she has been notified thereof by the transferor.3 the third party is entitled to refuse delivery to the acquirer for the same reasons for which he or she could have refused delivery to the transferor.iv. in the case of documents of title to goods art. 925 1 delivery of documents of title to goods which have been consigned to a carrier or a warehouse is equivalent to the delivery of the goods themselves.2 however, where a bona fide acquirer of the document of title to goods is in conflict with a bona fide acquirer of the goods, the latter has priority.c. legal remedies i. protection of possession 1. defence against interference art. 926 1 a possessor has the right to use force in self-defence against any unlawful interference.2 if he or she has been dispossessed of an object by force or by clandestine means, he or she has the right to recover it immediately by expelling the trespasser from the property or, in the case of a chattel, by taking it from a person caught in the act and pursued immediately.3 in doing so, he or she must abstain from all force not justified by the circumstances.2. action for restitution art. 927 1 a person who wrongfully dispossesses another of an object is obliged to return it, even if he or she claims a better right to it.2 if the defendant may immediately show a better right entitling him or her to reclaim the object from the claimant, he or she may refuse to return it.3 the claim is for restitution of the object plus damages.3. action for trespass art. 928 1 a possessor disturbed by trespass may bring an action against the trespasser even if the latter claims to be in the right.2 the claim is for cessation of trespass, prohibition of further trespass and damages.4. admissibility and prescription art. 929 1 an action for restitution or trespass is only admissible if the possessor sues for restitution of the object or for cessation of trespass immediately on becoming aware of the interference in his or her rights and the identity of the trespasser.2 the action prescribes one year after the date of the trespass or dispossession even if the claimant did not become aware of the interference in his or her rights and the identity of the trespasser until a later date.ii. remedies 1. presumption of ownership art. 930 1 the possessor of a chattel is presumed to be its owner.2 each previous possessor is presumed to have been the owner of the chattel while it was in his or her possession.2. presumption of indirect ownership art. 931 1 the possessor of a chattel who does not purport to be its owner may invoke the presumption that the person from whom he or she received it in good faith is the owner.2 where a person possessing a chattel invokes a limited right in rem or a personal right, the existence of such a right is presumed, but such presumption cannot be invoked against the person from whom the possessor received the chattel.3. action against the possessor art. 932 the possessor of a chattel may invoke the presumption of his or her better right in any action brought against him, subject to the provisions governing wrongful dispossession or trespass.4. power of disposal and right of restitution a. entrusted objects art. 933 a person who takes possession of a chattel in good faith in order to become its owner or to acquire a limited right in rem is protected therein even if the chattel was entrusted to the transferor without any authority to effect the transfer.b. stolen or lost chattels art. 934 1 a possessor whose chattel has been stolen or lost, or who has otherwise been dispossessed of it against his or her will, may reclaim it from any possessor within a period of five years. article 722 is reserved.6281bis the right to recover an object of cultural heritage as defined by article 2 paragraph 1 of the cultural property transfer act of 20 june 2003629, possession of which has been lost against the owner's will, prescribes one year after the owner becomes aware of where and by whom such object is being held, but at the latest 30 years after the loss.6302 if a chattel has been sold at public auction, or on the market, or by a merchant dealing in goods of the same kind, it may be reclaimed from the first and any subsequent bona fide purchaser only against reimbursement of the price paid.3 in other respects, restitution is subject to the provisions governing possession in good faith.628 amended by no i of the fa of 4 oct. 2002 (article of basic principles: animals), in force since 1 april 2003 (as 2003 463; bbl 2002 4164 5086).629 sr 444.1630 inserted by art. 32 no 1 of the federal act on transfer of cultural heritage of 20 june 2003, in force since 1 june 2005 (as 2005 1869; bbl 2002 535).c. cash and bearer securities art. 935 cash and bearer securities cannot be reclaimed from a recipient in good faith even if the possessor was dispossessed of them against his or her will.d. bad faith art. 936 1 a person who has not acquired a chattel in good faith may be required by the previous possessor to return it at any time.2 however, if the previous possessor likewise did not acquire the chattel in good faith, he or she cannot reclaim the chattel from any subsequent possessor.5. presumption of title to land art. 937 1 in respect of land recorded in the land register, only the person registered may invoke presumption of title and bring an action for recovery of possession.2 however, a person who exercises effective control over the land may bring an action for wrongful dispossession or trespass.iii. liability 1. possessor in good faith a. use art. 938 1 a person possessing an object in good faith is not liable to its rightful owner for the consequences of using it in accordance with his or her presumed right.2 he or she is not obliged to replace what has been lost or damaged.b. indemnity art. 939 1 where the rightful owner requests restitution of an object, the possessor in good faith may request indemnification for any necessary or useful expenditure incurred and may refuse to surrender the object until such indemnification is forthcoming.2 he or she has no right to indemnification of other expenditure, but where none is proffered, he or she may remove anything for which he or she has incurred cost, provided this may be done without damaging the property.3 any fruits collected by a possessor are set off against his or her claim for indemnification.2. possession in bad faith art. 940 1 a person possessing an object in bad faith must return it to the rightful owner and compensate him or her for any damage resulting from such wrongful possession, including any fruits he or she collected or failed to collect.2 he or she may claim indemnification only of such expenditure as the rightful owner would also have had to incur.3 as long as a possessor does not know to whom he or she must surrender the object, he or she is only liable for damage for which he or she is at fault.iv. adverse possession art. 941 a possessor fulfilling the requirements of adverse possession may count his or her predecessor's period of possession as part of his or her own provided his or her predecessor's possession also qualified as adverse possession.title twenty-five: the land register a. organisation i. constituent parts 1. in general art. 942 1 the land register is kept as a record of property rights.2 it consists of the main register, the plans, property directories, supporting documents and property descriptions appended to the main register, and the journal.3 the land register may be kept on paper or electronically.6314 where the land register is kept electronically, legal effect attaches to such data as are properly stored in the system and legible in letters and figures or displayed on plans by means of the technical capabilities of the devices and equipment used by the land register.632631 inserted by annex 1 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).632 inserted by annex 1 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).2. registered data a. object art. 943633 1 the following are recorded in the land register as immovable property:1. parcels of land and the buildings thereon;2. distinct and permanent rights recorded in the land register;3. mines;4. co-ownership shares in immovable property.2 the federal council issues detailed regulations governing the prerequisites for and method of registration of distinct and permanent rights, mines and co-ownership shares in immovable property.633 amended by no i of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).b. exceptions art. 944 1 immovable property which is not privately owned and is in public use will be recorded in the land register only if rights in rem attaching to such property are to be registered or if cantonal law provides for its registration.2 if registered immovable property is transformed into property that is not subject to registration, it is deleted from the land register.3 .634634 repealed by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immoveable property law) and the code of obligations (sale of immoveable property), with effect from 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).3. registers a. main register art. 945 1 each item of immovable property has its own folio and number in the main register.2 the procedure to be followed in the event of the division or consolidation of immovable property is determined by federal council ordinance.b. folio art. 946 1 the following data is entered in separate sections on each folio:1. ownership;2. the easements and real burdens established in favour of or encumbering the property;3. the liens with which it is encumbered.2 accessories may be noted on the folio at the owner's request and, once noted, may be deleted only with the consent of all such interested parties as are evident from the land register.c. joint folio art. 947 1 two or more parcels of land may be entered on one folio with the owner's consent, regardless of whether they are contiguous.2 the entries on such folio are valid for all the land in question with the exception of easements.3 the owner may at any time request that entries for individual parcels of land be removed from a joint folio, all rights being reserved.d. journal, supporting documents art. 948 1 applications for entry in the land register are recorded without delay in the journal in chronological order indicating the applicant and the object of his or her request.2 supporting documents are duly classified and archived.3 in cantons where the land registrar is authorised to draw up public deeds, the supporting documents may be replaced by an official record whose entries constitute public deeds.4. implementing ordinances a. in general635 635 amended by no 1 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).art. 949 1 the federal council prescribes the land register forms, issues the necessary regulations and regulates at its discretion the keeping of auxiliary registers.2 the cantons may establish special provisions governing the registration of rights in rem on land under cantonal law, but such provisions become valid only when approved by the confederation.b. for electronic registers art. 949a636 1 a canton wishing to keep the land register electronically must obtain the approval of the federal department of justice and police.2 the federal council regulates:1. the authorisation procedure;2. the scope and technical details of the electronic land register, particularly the procedure by which entries become effective;3. whether and on what conditions electronic communication with the land register is permissible;4. whether and on what conditions the public will be given access to unrestricted data recorded in the main register;5. data access, the logging of retrieval requests and conditions for the withdrawal of user entitlements in the event of abuse;6. data protection;7. long-term data security and data archiving. 3 the federal department of justice and police and the federal department of defence, civil protection and sport define data models and standard interfaces for the land register and official land surveys.636 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land; as 1993 1404; bbl 1988 iii 953). amended by no 1 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).4a. . art. 949b637 637 not yet in force (as 2018 4017).4b. . art. 949c638 638 not yet in force (as 2018 4017).4c. commissioning private individuals to use the electronic version of the land register art. 949d639 1 the cantons which maintain the land register electronically may commission private individuals to: 1. ensure access to the data in the land register in the retrieval process;2. ensure public access to the data of the main register which can be viewed without proof of interest;3. to carry out electronic transactions with the land registry.2 the commissioned individuals are subject to the oversight of the cantons and of the confederation.639 inserted by no i 2 of the fa of 15 dec. 2017 (registration of civil status and land register), in force since 1 jan. 2019 (as 2018 4017; bbl 2014 3551).5. official cadastral survey art. 950640 1 the entry for and description of each parcel of land in the register are based on the official cadastral survey, and in particular on a plan drawn for the land register.2 the geoinformation act of 5 october 2007641 regulates the qualitative and technical requirements of the official cadastral survey.640 amended by annex no ii of the fa of 5 oct. 2007 on geoinformation, in force since 1 july 2008 (as 2008 2793; bbl 2006 7817).641 sr 510.62ii. keeping the register 1. districts a. allocation to districts art. 951 1 for land register purposes the cantons are divided into districts.2 immovable property is entered in the register for the district in which it is situated.b. land straddling more than one district art. 952 1 immovable property that lies in more than one district is entered in the register of each district, with reference being made to the register of the other districts.2 entries which establish rights are to be made in the register of the district in which the largest part of the property is situated.3 entries in this land register will be notified by the registrar to the other land registries.2. land registries art. 953 1 the cantons are responsible for setting up the land registries, the demarcation of the districts, the appointment and remuneration of officials and supervision arrangements.2 the regulations issued by the cantons, save for those concerning the appointment and remuneration of officials, are subject to approval by the confederation.642642 amended by no ii 21 of the fa of 15 dec. 1989 on the approval of cantonal decrees by the confederation, in force since 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333).3. fees art. 954 1 the cantons may levy fees for entry in the land register and for the necessary surveys.2 no charge may be made for entries relating to land improvements or to land exchanges for the purpose of agricultural consolidation.iii. liability643 643 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 955 1 the cantons are liable for any damage arising from the maintenance of the land register.2 they have a right of recourse against the land register officials and employees and against the immediate supervisory bodies if they are at fault.3 they may require the officials and employees to provide security.iv. administrative supervision art. 956644 1 the management of the land registries is subject to the administrative supervision of the cantons.2 the confederation exercises the supervisory control.644 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).v. legal protection 1. right of appeal art. 956a645 1 a ruling issued by the land registry may be contested before an authority designated by the canton; a ruling includes the unlawful refusal to carry out or delay in carrying out an official act.2 the following persons are entitled to appeal:1. any person who suffers particular prejudice due to a ruling issued by the land registry and who has a legitimate interest in its revocation or amendment;2. the cantonal administrative supervisory authority it has a right of appeal under cantonal law;3. the federal supervisory authority.3 no appeal may be brought against an entry, amendment or deletion of rights in rem or priority notices executed in the main register.645 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. appeal proceedings art. 956b646 1 the period within which an appeal to the cantonal appellate authorities must be filed amounts to 30 days.2 where the land registry refuses to carry out or delays in carrying out a specific official act, however, an appeal may be filed at any time.646 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 957647 647 repealed by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. registration i. land register entries 1. ownership and rights in rem art. 958 the following rights to immovable property are recorded in the land register:1. ownership;2. easements and real burdens;3. liens.2. priority notices a. personal rights art. 959 1 personal rights may be entered under priority notice in the land register where such notices are expressly provided for by law, as is the case for a right of pre-emption, right of repurchase, right of purchase, usufructuary lease and tenancy.2 by virtue of being entered under priority notice, they may be invoked against any rights subsequently acquired.b. restrictions on powers of disposal art. 960 1 restrictions on powers of disposal may be entered under priority notice for individual parcels of land if they result from:1. an official order made to secure disputed or enforceable claims;2.648 a distraint order;3.649 a case in which entry under priority notice is envisaged by law, such as a remainderman's expectancy.2 on entry under priority notice, the restrictions on powers of disposal become effective against all subsequently acquired rights.648 amended by annex no 4 of the fa of 16 dec. 1994, in force since 1 jan. 1997 (as 1995 1227; bbl 1991 iii 1).649 amended by no i 4 of the federal act of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).c. provisional entries art. 961 1 provisional entries may be made in the land register:1. in order to secure asserted rights in rem;2. in the cases where the law permits the applicant to complete his or her application.2 they are made either with the consent of all interested parties or by court order and the right, provided it is later confirmed, becomes effective in rem as of the date of the provisional entry.3 the court rules on the application and, provided the applicant satisfies the court of his or her entitlement, approves the provisional entry, precisely specifying its nature, duration and effect and, where necessary, setting a time limit within which the applicant must bring an action to assert his or her rights.650650 amended by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).d. entry of subordinate rights art. 961a651 a priority notice in the land register does not preclude the registration of a right with a subordinate rank.651 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).ii. noting 1. restrictions under public law art. 962652 1 the state authority or another public body must arrange for a public law restriction on ownership ordered in respect of a specific property that imposes a permanent restriction on use or power of disposal or duty relating to the property on the owner to be noted in the land register.2 where the restriction on ownership ceases to apply, the state authority or the other public body must arrange for the note to be deleted from the land register. if the state authority or the other public body fails to act, the land register may delete the note ex officio.3 the federal council shall stipulate the areas of cantonal law in which restrictions on ownership must be noted in the land register. the cantons may provide for additional notes. they shall draw up a list of circumstances requiring a note, which must be passed on to the confederation.652 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. of representatives art. 962a653 the following may be noted in the land register:1. the statutory representative at his or her request or at the request of the competent authority;2. the estate administrator, the representative of the heirs, the official liquidator and the executors at their request or at the request of the heirs or the competent authority;3. the representative of an owner, charge creditor or easement beneficiary whose whereabouts are unknown at his or her request or at the request of the court;4. the representative of a legal entity or other rights holder in the absence of the required management body at his or her request or at the request of the court;5. the administrator of a condominium association at his or her request or at the request of the condominium owners meeting or of the court.653 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iii. requirements for entry 1. applications a. for an entry art. 963 1 entries in the land register are based on a written declaration by the owner of the immovable property to which the entry relates.2 no declaration by the owner is required where the acquirer may rely on a provision of the law, a final court judgment or a document having effect equal to that of a court judgment.3 the officials authorised to execute public deeds may be instructed by the cantons to notify the transactions certified by such deeds for entry in the land register.b. for a deletion art. 964 1 amendment or deletion of an entry in the land register requires an declaration in writing by the person whose entitlement results from the entry.2 such application may be made by signing the journal.2. authority a. valid proof of authority art. 965 1 a disposition in the land register, such as an entry, amendment or deletion, may be made only on the basis of documents establishing the right to make such disposition and its legal basis.2 authority to request a disposition is established by proof that the applicant is the person entitled by virtue of the entry in the land register or has been duly vested with a power of attorney by said person.3 the legal basis for the requested disposition is established by proof that the formal requirements have been observed.b. completion of application art. 966 1 where the documentation required for a disposition in the land register is not forthcoming, the application is rejected.2 however, provided the legal basis is established and the application lacks only certain documents, a provisional entry may be made with the owner's consent or by court order.iv. manner of entry 1. in general art. 967 1 the entries in the main register are made in the order in which applications are received or in which certifications and declarations are signed by the land registrar.2 interested parties will be provided on request with an extract of the entry.3 the formal requirements for entries, deletions and extracts are regulated by the federal council.2. for easements art. 968 easements are entered and deleted on the folios of both the dominant and servient properties.v. duty to notify art. 969 1 the registrar must notify interested parties of all dispositions in the land register made without their knowledge; he or she shall, in particular, notify any acquisition of ownership by a third party to parties with rights of pre-emption which are entered under priority notice in the land register or to parties with rights which exist by law and are evident from the land register.6542 the time limit for challenging such dispositions begins on receipt of such notification.654 amended by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).c. public nature of land register i. information and right of consultation art. 970655 1 any person showing a legitimate interest is entitled to consult the land register or to be provided with an extract.2 a person is entitled to obtain the following information from the main register without showing a legitimate interest:1. the name and description of the immovable property;2. the name and identity of the owner;3. the form of ownership and the date of acquisition.3 the federal council shall specify other particulars of easements, real burdens and notices in the register which may be made public without the need to show a legitimate interest. it shall pay due regard to the protection of personal privacy.4 an objection based on ignorance of a land register entry is inadmissible.655 amended by annex no 1 of the fa of 19 dec 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).ii. publication art. 970a656 1 the cantons may provide that all acquisitions of immovable property be published.2 they may not publish the consideration involved in a division of estate, an advance against a person's share of an inheritance, a marital agreement or a liquidation of marital property.656 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land; as 1993 1404; bbl 1988 iii 953). amended by annex no 1 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).d. effect i. need for an entry art. 971 1 where the establishment of a right in rem is subject to entry in the land register, such right has effect in rem only if it has been entered.2 within the limits of such entry, the scope of a right may be established by supporting documents or in some other manner.ii. effect of entry 1. in general art. 972 1 rights in rem are established and assigned their rank and date by virtue of being entered in the main register.2 the entry has retroactive effect as of its recording in the journal, provided the supporting documents required by law are included with the application or, in the case of provisional entries, are submitted in good time.3 in cantons where the registrar draws up public deeds by means of an entry in an official record of title, such a record constitutes entry in the journal.2. in relation to third parties acting in good faith art. 973 1 any person who, relying in good faith on an entry in the land register, has acquired property or any other right in rem in reliance thereon, is protected in such acquisition.2 this rule does not apply to boundaries of land in areas designated by the cantons as being in permanent danger of ground displacement.657657 inserted by no i of the fa of 4 oct. 1991 on the partial revision of the civil code (immovable property law) and of the code of obligations (purchase of land), in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 953).3. in relation to third parties acting in bad faith art. 974 1 if the entry of a right in rem is unwarranted, a third party who is or ought to be aware thereof may not rely on the entry.2 an entry is unwarranted if it is without legal basis or was made on the basis of an invalid transaction.3 a person whose rights in rem are infringed by such an entry may invoke its defectiveness directly against the third party acting in bad faith.e. deletion and amendment of entries i. revision 1. on the division of property art. 974a658 1 if a property is divided, the easements, priority notices and notes for each divided part must be revised.2 the owner of the property being divided must advise the land registry which entries to delete and which to transfer to the divided parts. if this is not done, the application must be rejected.3 where an entry according to the supporting documents or the circumstances does not relate to a divided part, it must be deleted. the procedure is governed by the regulations on the deletion of an entry.658 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. in the case of the consolidation of parcels of land art. 974b659 1 two or more parcels of land belonging to one owner may only be consolidated if no mortgage rights or real burdens have to be transferred from the individual parcels to the consolidated property or if the creditor consents.2 if easements, priority notices or notes encumbering the property must be recorded, they may be consolidated only if the beneficiaries consent or if their rights are not prejudiced due to the nature of the encumbrance.3 if easements, priority notices or notes benefiting the property real estate must be recorded, they may only be consolidated if the owner of the servient property consents or if the encumbrance is not increased by consolidation.4 the provisions on revision on the division of property apply by analogy.659 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).ii. unwarranted entries660 660 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 975 1 where an entry of a right in rem is unwarranted or a correct entry has been deleted or modified in an unwarranted manner, any person whose rights in rem are thereby infringed may bring an action for deletion or amendment of the entry.2 rights in rem acquired in good faith by third parties relying on the entry and claims for damages are reserved.iii. simplified deletion 1. clearly insignificant entries art. 976661 the land register may delete an entry ex officio if the entry:1. is limited in time and has lost its legal significance as it has expired;2. relates to a non-assignable or non-heritable right of a deceased person;3. cannot affect the property due to the local situation;4. relates to a property that no longer exists.661 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).2. other entries a. in general art. 976a662 1 if an entry in all probability has no legal importance, in particular because according to the supporting documents or the circumstances it does not relate to the property, then any person encumbered may request its deletion.2 if the land registry regards the request as justified, it shall inform the beneficiary that it will delete the entry unless he or she files an objection with land registry within 30 days.662 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).b. on objection art. 976b663 1 if the beneficiary files an objection, the land registry shall reassess the request for deletion at the request of the encumbered person.2 if the land registry concludes that the request should be granted despite the objection, it shall notify the beneficiary that it will delete the entry from the main register unless the beneficiary brings a court action to declare that the entry is of legal significance.663 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).3. public revision procedure art. 976c664 1 if conditions have changed in fact or law in a specific area and as a result a large number of easements, priority notices or notes have completely or largely lapsed or if the situation can no longer be determined, the authority designated by the canton may order a revision in this area.2 this order must be noted in the corresponding land register folios.3 the cantons shall regulate the details and the procedure. they may further simplify the revision procedure or issue regulations that deviate from federal law.664 inserted by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).iv. corrections665 665 amended by no i 1 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 977 1 unless the interested parties consent in writing, the land registrar may correct the register only in accordance with a court order.2 instead of correcting an unwarranted entry, the registrar may delete it and make a new one.3 the land registrar may correct typographical errors of his or her own accord in accordance with regulations to be issued by the federal council.final title: commencement and implementing provisions666 666 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).chapter one: application of former and new law667 667 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).a. general provisions i. general rule of non-retroactive effect art. 1 1 when this code comes into force, the legal effects of circumstances which occurred previously remain subject to those provisions of federal or cantonal law which were applicable when the circumstances occurred.2 accordingly, the legally binding nature and consequences of acts which took place before the commencement hereof remain subject to the law which was applicable at the time.3 however, circumstances occurring after the commencement hereof are subject to the new law, unless this code provides otherwise.ii. retroactive effect 1. public policy and good morals art. 2 1 the provisions of this code specifically enacted in the interests of public policy and good morals apply when it comes into force to all circumstances, unless this code provides otherwise.2 accordingly, provisions of the previous law which under the new law are deemed to contravene public policy and good morals cease to apply when the new law comes into force.2. relationships defined by law art. 3 when this code comes into force, legal relationships whose content is defined by law irrespective of the will of the parties concerned are subject to the new law, even if previously such relationships were valid.3. non-vested rights art. 4 the legal effects of circumstances which occurred while the previous law was still in force and which enjoy no protection under the new law are subject to the latter once it has come into force.b. law of persons i. capacity to act art. 5 1 capacity to act shall be assessed in all cases in accordance with the provisions of this code.2 however, any person who has the capacity to act under the previous law when this code comes into force but who would not have the capacity to act under the new law will also be recognised as having the capacity to act when this code comes into force.ii. presumed death art. 6 1 the declaration of presumed death becomes subject to the new law when this code comes into force.2 when this code comes into force, declarations of death or absence under the previous law have the same effects as a declaration of presumed death under the new law, but the consequences that have occurred under the previous law prior to this code coming into force, such as succession or dissolution of marriage, remain valid.3 proceedings ongoing when the new law comes into force shall be restarted in accordance with the provisions of this code, taking account of the time that has elapsed, or, if requested by the parties, concluded in accordance with the previous procedure, respecting the previous deadlines.iia. central civil register database art. 6a668 1 the federal council regulates the transition from the former procedure for keeping the civil register to the electronic civil register.2 the confederation assumes the capital investment costs up to an amount of 5 million francs.668 inserted by no 1 of the fa of 5 oct. 2001 (electronic civil register), in force since 1 july 2004 (as 2004 2911; bbl 2001 1639).iii. legal entities 1. in general669 669 amended by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 6b670 1 associations of persons and institutions or foundations that had acquired legal personality under the previous law, retain their personality under the new law even where they would not acquire legal personality under the new law.2 existing legal entities that require to be entered in the public register in accordance with this code must register within five years of the commencement of the new law even if no provision was made for registration under the previous law and are no longer recognised as legal entities on expiry of this time limit.2bis religious foundations and family foundation that are not entered in the commercial register when the amendment of 12 december 2014 (art. 52 para. 2) comes into force continue to be recognised as legal entities. they must be entered in the commercial register within five years of the amendment coming into force. the federal council shall take the special circumstances of religious foundations into account when determining the requirements for entry in the commercial register.6713 the status of the legal personality of all legal entities is determined by the new law as soon as this code comes into force.670 originally art. 6a. previously art. 7.671 inserted by no i 1 of the fa of 12 dec. 2014 on the implementation of the 2012 revision of the recommendations of the financial action task force, in force since 1 jan. 2016 (as 2015 1389; bbl 2014 605).2. accounting and auditors art. 6c672 the provisions of the amendment of 16 december 2005673 relating to accounting and auditors apply from first financial year that begins on or after the commencement of this code.672 inserted by annex no 1 of the fa of 16 dec. 2005 (law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).673 as 2007 4791; bbl 2002 3148, 2004 3969iv. protection of the individual against violence, threats or stalking art. 6d674 the new law applies to proceedings that are already pending when the amendment of 14 december 2018 comes into force.674 inserted by no i 1 of the fa of 14 dec. 2018 on improving the protection given to victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).c. family law i. marriage art. 7675 1 the new law applies to marriage as soon as the federal act of 26 june 1998676 has come into force.2 marriages subject to grounds for annulment under the previous law may, once the new law has come into force, only be annulled under the new law. however the period that has lapsed before this date will be taken into account in determining time limits.675 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).676 as 1999 1118; bbl 1996 i 1ibis. divorce 1. principle art. 7a677 1 divorce proceedings are governed by the new law as soon as the federal act of 26 june 1998678 has come into force.2 divorces that had taken full legal effect under the previous law remain valid; the new provisions on enforcement apply to periodic maintenance payments or lump sum settlement that are fixed as an alternative to maintenance or as a maintenance contribution.3 any amendment of the divorce decree is carried out in accordance with the previous law with the exception of the provisions on children and procedural matters.677 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).678 as 1999 1118; bbl 1996 i 12. pending divorce proceedings art. 7b679 1 the new law applies to divorce proceedings that are pending on the commencement of the federal act of 26 june 1998680 and which must be judged by a cantonal authority.2 new legal requests that are required due to the change in the applicable law are permitted; uncontested parts of the judgment remain binding, unless they are materially so closely connected with the requests that remain to be judged that it makes sense to reassess the entire case3 the federal supreme court decides in accordance with the previous law in cases where the contested judgment was issued before the commencement of the federal act of 26 june 1998; this also applies if the case is referred back to the cantonal authority.679 inserted by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).680 as 1999 1118; bbl 1996 i 13. period of separation for pending divorce proceedings art. 7c681 for divorce proceedings that are pending on commencement of the amendment of 19 december 2003682 and must be judged by a cantonal authority, the period of separation under the new law applies.681 inserted by no i of the fa of 19 dec. 2003 (period of separation under divorce law), in force since 1 june 2004 (as 2004 2161; bbl 2003 3927 5825).682 as 2004 21614. occupational pension art. 7d683 1 the new law on occupational pensions on divorce applies as soon as the amendment of 19 june 2015 comes into force.2 the new law applies to divorce cases pending before a cantonal court at the time when the amendment of 19 june 2015 comes into force.3 when the contested decision was made before the amendment of 19 june 2015 came into force, the federal supreme court shall decide under previous law; this also applies when a case is referred back to the cantonal court.683 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).5. conversion of existing pensions art. 7e684 1 if on divorce under the previous law the court, when deciding on the equitable division of pensions, has awarded compensation to the entitled spouse in the form of a pension that terminates on the death of the liable or the entitled spouse, the entitled spouse may, within one year of the amendment of 19 june 2015 coming into force, demand that he or she be granted a life-long pension in accordance with article 124a instead, should the liable spouse draw an old-age pension or an invalidity pension after the commencement of the statutory pension age. 2 in the case of decisions made abroad, jurisdiction is determined by article 64 of the federal act of 18 december 1987685 on international private law.3 any pension payments already made under previous law are considered part of the pension awarded.684 inserted by no i of the fa of 19 june 2015 (equitable division of pensions on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).685 sr 291iter. effects the marriage in general 1. principle art. 8686 for the effects of the marriage in general, the new law applies as soon as the federal act of 5 october 1984 has come into force.686 amended by no i 4 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).2. surname art. 8a687 a spouse who changed his or her name on marriage before the amendment to this code of 30 september 2011 came into force may declare to the civil registrar at any time that he or she wishes to use his or her name before marriage again.687 inserted by no i 2 of the fa of 5 oct. 1984 (as 1986 122 153 art. 1; bbl 1979 ii 1191). amended by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).3. citizenship art. 8b688 a swiss woman who married under the previous law may within one year of the new law coming into force declare to the competent authority of her former canton of origin that she wishes to retain the citizenship that she held as a single woman.688 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).ii. marital property law applicable to marriages contracted before 1 january 1912689 689 for the application of the transitional law, see also the previous provisions of the sixth title at the end of the civil code.art. 9690 the legal effects on marital property of marriages contracted before 1 january 1912 are governed by the provisions of the civil code on the application of the previous and new law that came into force on that day.690 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).iibis. marital property law applicable to marriages contracted after 1 january 1912691 691 see the provisions applicable until 31 dec. 1987 at the end of this text.1. in general art. 9a692 1 the new law applies to marriages that exist when the federal act of 5 october 1984 comes into force, unless otherwise provided.2 the legal effects on marital property of marriages that were dissolved before the federal act of 5 october 1984 came into force are governed by the previous law.692 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).2. change from a union of property to participation in acquired property a. change to the bodies of assets art. 9b693 1 spouses who have hitherto been subject to a union of property regime are now subject to the regulations on participation in acquired property in relation to each other and to third parties.2 the assets of each spouse become his or her own property or acquisitions in accordance with the regulations on participation in acquired property; separate property in terms of a marital agreement becomes personal assets.3 the wife reclaims the property she brought into the marriage that became her husband's property or makes a claim for compensation.693 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).b. preferential right art. 9c694 in the event of the husband's bankruptcy and the distraint of his assets, the previous provisions on the wife's right to compensation in respect of property that she has brought into the marriage and which is no longer available continue to apply for ten years after the new law comes into force.694 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).c. division of marital property under the new law art. 9d695 1 after the new law comes into force, the division of marital property between the spouses is governed for the entire duration of the previous and the new statutory marital property regime by the regulations on participation in acquired property, unless the spouses have completed the division of marital property in accordance with the provisions on union of property at the time when the new law comes into force.2 before the new law comes into force, either spouse may give written notice to the other that the current marital property regime of union of property must be dissolved in accordance with the previous law.3 if the marital property regime is dissolved because an action filed before the new law comes into force is upheld, the division of marital property is governed by the previous law.695 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).3. retention of the union of property regime art. 9e696 1 spouses subject to the statutory marital property regime of union of property who have not changed this marital property regime by marital agreement may by one year at the latest after the new law comes into force elect to retain the union of property regime by filing a joint written declaration with the marital property register office at their domicile; the marital property register office shall maintain a register of such declarations that anyone may inspect.2 the marital property regime may only be cited in opposition to a third party if that third party is or should be aware of it.3 the new regulations on the separation of property apply in future to the spouses' separate property.696 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).4. retention of separation of property by operation of law or by court order art. 9f697 in the case of a separation of property established by operation of the law or by court order, the spouses are subject to the new provisions on the separation of property.697 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).4a. marital property law applicable to same-sex marriages contracted abroad before the full entry into force of the amendment of 18 december 2020 art. 9g698 1 .6992 before this amendment enters into force in full, either spouse may give written notice to the other that the current marital property regime will be maintained in accordance with article 18 of the same-sex partnership act of 18 june 2004700 (sspa) until the date of full entry into force.3 and 4 .701698 inserted by no i of the fa of 18 dec. 2020 (marriage for all), in force since 1 jan. 2022 (as 2021 747; bbl 2019 8595; 2020 1273).699 the para. enters into force 1 july the 2022 (as 2021 747; bbl 2019 8595; 2020 1273).700 sr 211.231701 the paras. enter into force 1 july the 2022 (as 2021 747; bbl 2019 8595; 2020 1273).5. marital agreement a. in general art. 10702 1 if the spouses have entered into a marital agreement in accordance with the civil code, this marital agreement continues to apply and their entire marital property regime continues to be governed by the previous law, subject to the reservation of the provisions of this title on separate property, legal effect on third parties and the contractual separation of property.2 the new regulations on the separation of property apply in future to the spouses' separate property.3 agreements on participation in a surplus or deficit in the case of a union of property regime must not adversely affect the statutory inheritance entitlements of children who are not the common issue of the spouses or those of the issue of such children.702 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).b. legal effect in relation to third parties art. 10a703 1 the marital property regime may only be cited in opposition to a third party if that third party is or should be aware of it.2 if the marital property agreement has no legal effect in relation to third parties, the provisions on participation in acquired property apply from now on in relation to such parties.703 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).c. application of the new law art. 10b704 1 spouses subject to a union of property regime who have changed this marital property regime by marital agreement may by one year at the latest after the new law comes into force elect to make their legal rights subject to the new statutory marital property regime of participation in acquired property by filing of a joint written declaration with marital property register office at their domicile.2 in this event, contractual participation in the surplus shall in future apply to the total amount of the surplus of both spouses, unless a marital property agreement provides otherwise.704 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).d. contractual separation of property according to previous law art. 10c705 if the spouses agreed to a separation of property under the previous law, they are subject in future to the new provisions on the separation of property.705 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).e. marital agreements concluded with a view to the new law coming into force art. 10d706 marital agreements concluded before the federal act of 5 october 1984 comes into force but which are intended to take effect only under the new law do not require the approval of the child protection authority.706 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).f. register of marital property art. 10e707 1 after the federal act of 5 october 1984 comes into force, no further entries will be made in the register of marital property.2 the right to inspect the register continues to apply.707 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).6. repayment of debts in the case of separation of assets under the law of marital property art. 11708 if a separation of assets under the law of marital property in connection with the new law coming into force causes serious difficulties for a spouse who is liable to pay debts or the replace property that is due, he or she may request additional time to pay; the debt must be secured if this is justified by the circumstances.708 amended by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).7. protection of creditors art. 11a709 if the marital property rights change when the federal act of 5 october 1984 comes into force, the provisions on the protection the creditors in the event of a change in the marital property regime govern liability.709 inserted by no i 2 of the fa of 5 oct. 1984, in force since 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).iii. the parent-child relationship in general art. 12710 1 as soon as this code comes into force, the establishment and effects of the parent-child relationship are governed by the new law; the surname and the citizenship acquired under previous law are retained.2 children who are subject to parental authority by operation of the new law but who are under guardianship when the new law comes into force must be placed under parental authority no later than one year after that date unless the contrary was ordered under the provisions on the withdrawal of parental of authority.3 a transfer or withdrawal of parental authority officially ordered under the previous law remains effective after the new law comes into force.4 when the amendment of 21 june 2013 comes into force, if parental responsibility is assigned to only one parent, the other parent may within one year of this amendment coming into force request the competent authority to order joint parental responsibility. article 298b applies mutatis mutandis.7115 a parent whose parental responsibility is revoked on divorce may file a request with the competent court only if the divorce was decreed less than five years before the amendment of 21 june 2013 comes into force.712710 amended by no i 2 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).711 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).712 inserted by no i of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).iiibis. adoption 1. continuation of the previous law art. 12a713 1 an adoption pronounced before the new provisions of the federal act of 30 june 1972 on the amendment of the swiss civil code come into force continues to be governed by the law that came into force on 1 january 1912714; consents validly given in accordance with this law remain effective in every case.2 persons who are not yet 20 years old when the federal act of 7 october 1994 comes into force may still be adopted in accordance with the provisions on minority after attaining majority provided the application is filed within two years of the federal act coming into force and of their 20th birthday.715713 inserted by no i 3 of the fa of 30 june 1972, in force since 1 april 1973 (as 1972 2819; bbl 1971 i 1200).714 art. 465 civil code in the version of 1 jan. 1912: 1 an adoptive child and his or her issue have the same rights of succession in respect of the adoptive parents as the issue of their marriage. 2 adoptive parents and their blood relatives have no rights of succession in respect of an adoptive child.715 inserted by no i of the fa of 7 oct. 1994, in force since 1 jan. 1996 (as 1995 1126; bbl 1993 i 1169).2. pending proceedings art. 12b716 the new law applies to adoption procedures pending at the time the amendment of 17 june 2016 comes into force.716 inserted by no i 3 of the fa of 30 june 1972 (as 1972 2819; bbl 1971 i 1200). amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).3. application of the new law art. 12c717 the provisions of the amendment of 17 june 2016 on the confidentiality of adoption information, on information about the biological parents and their direct descendants and on the possibility of arranging contact between the biological parents and the child also apply to adoptions which are granted prior to the amendment coming into force or which are pending at the time it comes into force.717 inserted by no i 3 of the fa of 30 june 1972 (as 1972 2819; bbl 1971 i 1200). amended by no i of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).art. 12cbis718 718 inserted by annex no 2 of the fa of 22 june 2001 on the hague convention on adoption and on measures to protect children in international adoption cases (as 2002 3988; bbl 1999 5795). repealed by no i of the fa of 17 june 2016 (adoption), with effect from 1 jan. 2018 (as 2017 3699; bbl 2015 877).iiiter. contesting a declaration of legitimacy art. 12d719 the contesting of a declaration of legitimacy made under the previous law is governed by analogy by the provisions of the new laws on the contesting of recognition following the parents' marriage.719 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).iv. paternity actions 1. pending actions art. 13720 1 actions pending when the new law comes into force are judged in accordance with the new law.2 the effects until the new law comes into force are determined by the previous law.720 amended by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).2. new actions art. 13a721 1 if a pecuniary obligation on the father's part is established by court decision or by contract before the new law comes into force, and if the child has not yet reached the age of ten when the new law comes into force, the child may within two years bring an action under the provisions of the new law to have the parent-child relationship declared.2 if the defendant proves that he or she is not the father or is less likely to be the father than another person, the right to claim future maintenance lapses.721 inserted by no i 1 of the fa of 25 june 1976, in force since 1 jan. 1978 (as 1977 237; bbl 1974 ii 1).ivbis. time limit for declaring or challenging the parent-child relationship art. 13b722 any person who attains majority due to the federal act of 7 october 1994 coming into force may in any case file an action within one year to declare or challenge the parent-child relationship.722 inserted by no i of the fa of 7 oct. 1994, in force since 1 jan. 1996 (as 1995 1126; bbl 1993 i 1169).ivter. maintenance contributions 1. existing maintenance titles 2. pending proceedings art. 13c723 the child may apply for the revision of any maintenance payments set in an approved maintenance agreement or in a decision before the amendment of 20 march 2015 came into force. if they were set at the same time as maintenance payments to one of the parents, payments shall only be revised if there has been a substantial change in circumstances.art. 13cbis 7241 the new legislation applies to proceedings that are pending at the time of the amendment of 20 march 2015 coming into force.2 when the contested decision was made before the amendment of 20 march 2015 came into force, the federal supreme court shall decide under the previous law; this also applies when a case is referred back to the cantonal court.723 inserted by no i of the fa of 7 oct. 1994 (as 1995 1126; bbl 1993 i 1169). amended by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).724 inserted by no i of the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).ivquater. name of the child art. 13d725 1 if after the amendment to this code of 30 september 2011 comes into force the parents on the basis of a declaration under article 8a of this title no longer have the same surname, they may declare within one year of the new law coming into force that their children will take the surname before marriage of the parent who made the declaration.2 if the parental responsibility of a child of parents who are not married to each other is transferred to both parents or the father alone before the amendment to this code of 30 september 2011 comes into force, the declaration provided for in article 270a paragraphs 2 and 3 may be made within one year of the new law coming into force.3 in accordance with article 270b, this shall be subject to the child's consent.725 inserted by no i of the fa of 30 sept. 2011 (name and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).v. adult protection 1. existing measures art. 14726 1 the new law governs adult protection as soon as the amendment of 19 december 2008727 comes into force.2 persons who have been made wards of court under the previous law shall be made subject to a general deputyship under the new law. the adult protection authority shall adapt to the new law as soon as possible. unless the authority has decided otherwise in the case of extended parental responsibility, parents are exempt from the obligation to prepare an inventory, report and file accounts regularly and to obtain consent for certain transactions.3 other measures ordered under the previous law cease to apply three years after the amendment of 19 december 2008 comes into force unless the adult protection authority transforms them into a measure under the new law.4 where a doctor based on article 397b paragraph 2 in its version of 1 january 1981728 ordered the care-related detention of a mentally ill person, this measure shall continue to apply. the relevant institution shall notify the adult protection authority six months at the latest after the new law comes into force whether it regarded the requirements for hospitalisation to be met. the adult protection authority shall carry out the required enquiries in accordance with the provisions on regular review and if applicable confirm the hospitalisation decision.726 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).727 as 2011 725728 as 1980 312. pending proceedings art. 14a729 1 pending proceedings shall be continued by the new competent authority after the amendment of 19 december 2008730 comes into force.2 the new procedural law applies.3 the authority shall decide whether and to what extent the previous proceedings require to be amended.729 inserted by no ii of the fa of 6 oct. 1978 (as 1980 31; bbl 1977 iii 1). amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).730 as 2011 725d. succession law i. heirs and succession art. 15 1 the succession rights and the related and inseparable effects on marital property under cantonal law of the death of a father, a mother or a spouse are determined, provided the deceased dies before this code comes into force, by the previous law.2 the foregoing applies both to heirs and to succession.ii. testamentary dispositions art. 16 1 the making or revocation of a testamentary disposition carried out before this code comes into force, if done by a person subsequently deceased who had testamentary capacity under the law that applied at the time, may not be contested on the grounds that the deceased died following the commencement of the new law and would not have had testamentary capacity under its provisions.2 a testamentary disposition may not be contested due to a formal defect if it complies with the provisions on form that applied when it was made or at the time of death.3 the contesting of a disposition on the grounds that the testator exceeded his or her testamentary freedom or due to the nature of the disposition is governed in the case of all testamentary dispositions by the provisions of the new law if the deceased died after the commencement of this code.e. property law i. rights in rem in general art. 17 1 rights in rem existing when this code comes into force continue to be recognised under the new law subject to the reservation of the regulations on the land register.2 however, the scope of rights of ownership and restricted rights in rem is subject to the new law after this code comes into force unless the code provides otherwise.3 rights that can no longer be created under the new law remain subject to the previous law.ii. right to entry in the land register art. 18 1 rights to create a right in rem that were established before this code comes into force are recognised as valid provided they correspond to the form required by the former or the new law.2 the ordinance on maintaining the land register determines what documentary proof is required for the registration of such rights.3 the scope of a right in rem established before this code comes into force by a legal transaction remains recognised under the new law, provided it is compatible with the same.iii. adverse possession art. 19 1 adverse possession is governed by the new law after this code comes into force.2 if however adverse possession recognised under the new law has begun under the previous law, the time that elapsed before this code comes into force is taken into account in the calculating the period of adverse possession.iv. special rights of ownership 1. trees on another person's land art. 20731 1 existing rights of ownership in relation to trees on another person's land continue to be recognised under cantonal law.2 the cantons shall have the power to limit or revoke these conditions.731 amended by no iv of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).2. condominium a. original art. 20bis 732 condominium governed by the former cantonal law is subject to the new provisions of this code even if the storeys or parts of storeys are not divided into self-contained dwellings or business units.732 inserted by no iv of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).b. converted art. 20ter 733 1 the cantons may also make condominium recorded in the land register in forms that accord with the law that came into force on 1 january 1912 subject to the new regulations on condominium.2 the new law becomes effective when the corresponding amendment is made to the entries in the land register.733 inserted by no iv of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).c. correction of the land registers art. 20quater 734 in order to make the converted condominium subject to the new regulations and to register existing condominium, the cantons may order the correction of the land registers and issue special procedural regulations for this purpose.734 inserted by no iv of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).v. easements art. 21 1 the easements created before this code comes into force remain valid following the introduction of the land register even if not registered, but until registered may not be enforced against third parties acting in good faith.2 obligations ancillary to easements that were established before the amendment of 11 december 2009735 came into force and which are based solely on land register supporting documents may continue to be cited in opposition to third parties who rely on the land register in good faith.736735 as 2011 4637736 inserted by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).vi. mortgage rights 1. recognition of the existing document of title art. 22 1 documents of title existing when this code comes into force remain in force without having to be adapted to the new law.2 the cantons have the right to require new versions of existing documents of title to be drawn up on the basis of the new law within specific time limits.2. creation of liens art. 23 1 after this code comes into force, new mortgage rights may only be created in the forms recognised herein.2 until the introduction of the land register, the previous cantonal legal forms for their creation remain valid.3. repayment of securities art. 24 1 the repayment and modification the title, release from liability under a lien and suchlike are subject to the new provisions following the commencement of the new law.2 however, until the introduction of the land register, the forms are governed by cantonal law.4. extent of liability under the lien art. 25 1 in the case of all mortgage rights, the extent of liability under the lien is determined by the new law.2 however, if by virtue of a special agreement the creditor has validly received certain objects with the property pledged, the lien continues to apply to these objects even if they could not be pledged under the new law.5. rights and obligations from the mortgage a. in general art. 26 1 the rights and obligations of the creditor and of the debtor in relation to the contractual effect of liens existing when this code comes into force are governed by the previous law.2 in relation to effects that arise by operation of the law which cannot be modified contractually, the new law also applies to existing liens.3 if the lien applies to two or more parcels of land, liability under the lien continues to be governed by the previous law.b. rights to security art. 27 the rights of the lien creditor during the existing legal relationship, such as rights to security, and the rights of the debtor are governed by the new law in relation to all liens from the time at which this code comes into force.c. termination, transfer art. 28 for liens existing when this code comes into force, the termination of the secured debts and the transfer the document of title are governed by the previous law, subject to the reservation of the mandatory provisions of the new law.6. ranking art. 29 1 until the introduction of the land register, the ranking of liens is governed by the previous law.2 following the introduction of the land register, the ranking of creditors is governed by the land register law contained in this code.7. ranking positions art. 30 1 in relation to a fixed ranking position or the right of a creditor to claim a vacant position or an advancement in ranking, the new law applies on the introduction of the land register and in every case from five years after this code comes into force, subject to the reservation of creditors' existing special claims.2 the cantons may enact further transitional provisions.737737 amended by no ii 21 of the fa of 15 dec. 1989 on the approval of cantonal legislation by the confederation, in force since 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333).8. . art. 31 and 32738 738 repealed by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), with effect from 1 jan. 2012 (as 2011 4637; bbl 2007 5283).9. equal status of previous forms of lien with those under the new law art. 33 1 the cantonal implementing legislation may stipulate that in general or in a specific legal relationship a form of mortgage under the previous law shall be regarded as equivalent to a form of mortgage under the new law.2 if this occurs, the provisions of this code also apply to such cantonal liens from the date on which the code comes into force.3 .739739 repealed by no ii 21 of the fa of 15 dec. 1989 on the approval of cantonal legislation by the confederation (as 1991 362; bbl 1988 ii 1333).10. continued application of previous law to existing forms of lien art. 33a740 1 land charge certificates and mortgage certificates issued in series remain recorded in the land register.2 they remain governed by the provisions of the previous law.3 cantonal law may provide for the conversion of land charge certificates created under federal law or earlier law into forms of lien under the current law. conversion may also involve the introduction of personal liability for the owner of the mortgaged property for minor sums.740 inserted by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).11. conversion the form of the mortgage certificate art. 33b741 the landowner and the mortgage certificate creditors may jointly request in writing that a mortgage certificate on paper recorded before the amendment of 11 december 2009742 comes into force be converted into a register mortgage certificate.741 inserted by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).742 as 2011 4637vii. charges on chattels 1. provisions on form art. 34 1 from the date on which the code comes into force, charges on chattels may only be created in the forms provided for herein.2 where a charge on chattels has been created in another form before this time, it is extinguished after a period of six months which begins to run if the debt is due for payment from the date on which the new law comes into force and in other cases from the date on which it becomes due for payment or when termination is permitted.2. effect art. 35 1 the effects of the charge on chattels, the rights and obligations of the pledgee, of the pledger and of the pledge debtor are governed from the date on which this code comes into force by the new law, even if the charge was created before that date.2 an agreement stipulating that the pledged chattel will become the property of the pledgee in the event of default on the part of the debtor that is concluded before this code comes into force ceases to be valid from that date.viii. special lien art. 36 1 a special lien under this code also extends to objects that were subject to the power of disposal of the creditor before this code comes into force.2 it may also be exercised by the creditors in respect of claims that originated before this date.3 the effect of special liens originating at an earlier date is subject to the provisions of this code.ix. possession art. 37 when this code comes into force, possession becomes subject to the new law.x. land register 1. establishment of the land register art. 38 1 after consulting the cantons, the federal council shall draw up a plan for the introduction of the land register. it may delegate this responsibility to the competent department or office.7432 .744743 amended by annex no ii of the fa of 5 oct. 2007 on geoinformation, in force since 1 july 2008 (as 2008 2793; bbl 2006 7817).744 repealed by annex no ii of the fa of 5 oct. 2007 on geoinformation, with effect from 1 july 2008 (as 2008 2793; bbl 2006 7817).2. official cadastral survey a. . art. 39745 745 repealed by annex no ii of the fa of 5 oct. 2007 on geoinformation, with effect from 1 july 2008 (as 2008 2793; bbl 2006 7817)b. relation to the land register art. 40 1 as a general rule, the surveying should precede the establishment of the land register.2 with consent of the confederation, however, the land register may be established beforehand if adequate descriptions of the properties are available.c. time schedule art. 41 1 .7462 the surveying and the introduction of the land register may be carried out successively for the individual districts of a canton.746 repealed by annex no ii of the fa of 5 october 2007 on geoinformation, with effect from 1 july 2008 (as 2008 2793; bbl 2006 7817).art. 42747 747 repealed by annex no ii of the fa of 5 october 2007 on geoinformation, with effect from 1 july 2008 (as 2008 2793; bbl 2006 7817).3. registration of rights in rem a. procedure art. 43 1 on the introduction of the land register, rights in rem that already exist shall be recorded in the register.2 for this purpose, an announcement must be made to the public requesting them to give notice of and register these rights.3 rights in rem registered under the previous law in public books shall, provided they may be created under the new law, be entered ex officio in the land register.b. consequences of non-registration art. 44 1 rights in rem under the previous law that are not registered remain valid but may not be cited in opposition to third parties who rely in good faith on the land register.2 the confederation or the cantons may however enact legislation to have all rights in rem that are not recorded in the land register declared invalid after a specific date subject to prior notice.3 unregistered public law real burdens and statutory liens under cantonal law created before the amendment of 11 december 2009748 comes into force may for a period of ten years from the date on which the amendment comes into force be cited in opposition to third parties who rely on the land register in good faith.749748 as 2011 4637749 inserted by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).4. abolished rights art. 45750 1 rights in rem that may no longer be established under the land register law such as the ownership of trees on another person's land, liens on usufructs and suchlike are not recorded in the land register but must be noted in an appropriate manner.2 if such rights have lapsed for whatever reason, they may not be re-established.750 amended by no iv of the fa of 19 dec. 1963, in force since 1 jan. 1965 (as 1964 993; bbl 1962 ii 1461).5. postponement in the introduction of the land register art. 46 1 the introduction of the land register in accordance with the provisions of this code may be postponed by the cantons with the authorisation of the federal council provided the cantonal provisions on forms of notice, with or without amendments appear to be sufficient to guarantee the effects that the new law requires of the land register.2 the forms of notice under cantonal law that are intended to guarantee the effects required by the new law must be precisely specified.6. introduction of the property law before the land register art. 47 the property law under this code in general comes into force even if the land registers have not been established.7. effect of cantonal forms art. 48 1 when the property law comes into force and before the introduction of the land register, the cantons may designate the procedures, such those for drawing up documents or registration in the registers for land, liens and servitudes, that will immediately have the effect of being recorded in the land register.2 even without or before the introduction of the land register, it may be provided that these procedures have the same effect as being recorded in the land register in the case of the creation, transfer, modification and extinction of rights in rem.3 however, in the event that the land register itself is not introduced or another equivalent institution established, these procedures do not have the same effect as being recorded in the land register in relation to third parties relying thereon in good faith.f. prescription art. 49751 1 where the new law specifies a longer period than the previous law, the new law applies, provided prescription has not yet taken effect under the previous law.2 where the new law specifies a shorter period, the previous law applies.3 the entry into force of the new law does not change the date on which an ongoing prescriptive period began, unless the law provides otherwise.4 otherwise, the new law governs prescription from the time it comes into force.751 amended by annex no 3 of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).g. forms of contract art. 50 contracts concluded before this code comes into force remain valid even if their form is not in accordance with the provisions of the new law.chapter two: introductory and transitional provisions a. repeal of cantonal civil law art. 51 on commencement of the civil code, cantonal civil law provisions are repealed unless federal law provides otherwise.b. supplementary cantonal provisions i. rights and duties of the cantons art. 52 1 the cantons shall enact the provisions required to supplement the civil code, including in particular those governing the competent authorities752 and the establishment of civil registries, guardianship authorities and land registries.2 the cantons shall enact any such supplementary provisions as are required to implement the civil code and may do so provisionally in the form of ordinances.7533 cantonal provisions on register law require federal approval.7544 notice of cantonal provisions on other matters must be given to the federal office of justice.755752 presently the adult protection authority (see art. 440).753 amended by no ii 21 of the fa of 15 dec. 1989 on approval of cantonal decrees by the confederation, in force since 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333).754 amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).755 inserted by no ii 21 of the fa of 15 dec. 1989 on approval of cantonal decrees by the confederation, in force since 1 feb. 1991 (as 1991 362; bbl 1988 ii 1333). amended by no i 2 of the fa of 19 dec. 2008 (adult protection law, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).ii. substitute ordinances art. 53 1 where a canton has failed to enact the necessary provisions in time, the federal council shall provisionally enact substitute ordinances and notify the federal assembly.2 where a canton refrains from exercising its powers in respect of matters for which supplementary legislation is not indispensable, the provisions of the civil code remain applicable.c. designation of competent authorities art. 54 1 where the civil code makes reference to a competent authority, the cantons shall designate such authority, be it existing or yet to be created.2 where the civil code does not make express reference to a court or an administrative authority, the cantons may designate either as the competent authority.3 unless the civil procedure code of 19 december 2008756 applies, the cantons regulate proceedings.757756 sr 272757 amended by annex 1 no ii 3 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).d. public deeds i. in general758 758 amended by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).art. 55 1 the cantons shall regulate the manner in which public deeds are drawn up on their territory.2 they enact provisions for the drawing up of public deeds in foreign languages.ii. electronic copies and legalisations art. 55a759 1 the cantons may authorise the authenticating officials to make electronic copies of the public deeds that they issue.2 they may also authorise the authenticating officials to certify electronically that the electronic copies that they create correspond to the original documents on paper and that the signatures are genuine.3 the authenticating official must use a qualified electronic signature based on a qualified certificate from a recognised provider of certification services in accordance with the federal act of 18 march 2016760 on electronic signatures.7614 the federal council shall issue implementing provisions that guarantee the interoperability of computer systems and the integrity, authenticity and security of the data.759 inserted by no i 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).760 sr 943.03761 amended by annex no ii 3 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).e. allocation of water rights art. 56762 until such time as federal law regulates the allocation of water rights, the following provision applies:rights to public waters may be recorded in the land register as distinct and permanent rights, provided they have been granted for at least 30 years or indefinitely and are not allocated to a dominant property in the form of an easement.762 see current art. 59 of the fa of 22 dec. 1916 on exploitation of water resources (sr 721.80).f.-h. . art. 57763 763 repealed by art. 53 para. 1 item b of the fa of 8 nov. 1934 on banks and savings banks, with effect from 1 march 1935 (as 51 117; bs 10 337; bbl 1934 i 171).j. debt enforcement and bankruptcy art. 58764 when this code comes into force, the federal act of 11 april 1889765 on debt enforcement and bankruptcy is amended as follows:.766764 last four articles renumbered owing to revocation of the original art. 58 and 59, in accordance with no i of the code of obligations transitional provisions, in force since 1 jan. 1912 (as 27 317; bs 2 199; bbl 1905 ii 1, 1909 iii 725, 1911 i 845).765 sr 281.1766 for text, see the federal act referred to. for the wording of art. 132bis, 141 para. 3 and 258 para. 4, see as 24 233 final title art. 60.k. application of swiss and foreign law art. 59767 1 the federal act of 25 june 1891768 on the civil law status of immigrants and temporary residents remains in force in respect of the legal status of swiss nationals abroad and of foreigners in switzerland and insofar as different laws apply in the cantons.2 .7693 the following provisions are inserted in the federal act of 25 june 1891:art. 7a-7i.767 last four articles renumbered owing to revocation of the original art. 58 and 59, in accordance with no i of the code of obligations transitional provisions, in force since 1 jan. 1912 (as 27 317; bs 2 199; bbl 1905 ii 1, 1909 iii 725, 1911 i 845).768 [bs 2 737; as 1972 2819 ii 1, 1977 237 ii 1, 1986 122 ii 1. as 1988 1776 annex no i para. a]. see current ipla of 18 dec. 1987 (sr 291).769 repealed by no i 2 of the fa of 5 oct. 1984, with effect from 1 jan. 1988 (as 1986 122 153 art. 1; bbl 1979 ii 1191).l. repeal of federal civil law art. 60770 1 when this code comes into force, any provisions of federal civil law which contradict it are repealed.2 in particular, the following are repealed: the federal act of 24 december 1874771 on the determination and documentation of civil status and marriage; the federal act of 22 june 1881772 on personal capacity to act; the federal act of 14 june 1881773 on the code of obligations.3 the special acts concerning the railways, steamships, the post, telegraph and telephone services, the seizure and compulsory liquidation of railways, the laws relating to factory employment and liability arising from the operation of factories and other enterprises, and all federal laws on matters governed by the code of obligations which have been enacted to supplement the federal act of 14 june 1881 on the code of obligations, remain in force.770 amended by no i of the code of obligations transitional provisions, in force since 1 jan. 1912 (as 27 317; bs 2 199; bbl 1905 ii 1, 1909 iii 725, 1911 i 845).771 [as 1 506]772 [as 5 556]773 [as 5 635, 11 490; bs 2 784 art. 103 para. 1]m. final provision art. 61774 1 this code comes into force on 1 january 1912.2 subject to the federal assembly's approval, the federal council is authorised to declare individual provisions effective at an earlier date.774 last four articles renumbered owing to revocation of the original art. 58 and 59, in accordance with no i of the code of obligations transitional provisions, in force since 1 jan. 1912 (as 27 317; bbl 1905 ii 1, 1909 iii 725, 1911 i 845).text of the previous provisions775 of title six 775 bs 2 3. these provisions apply as transitional law insofar as provided by art. 9a ff. final title (revision of marital law of 5 oct. 1984). the provisions have not been translated into english.title six: marital property law

220english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the amendment of the swiss civil code(part five: the code of obligations)of 30 march 1911 (status as of 1 january 2022)the federal assembly of the swiss confederation,having considered the dispatches of the federal council dated 3 march 1905 and 1 june 19091decrees:1 bbl 1905 ii 1, 1909 iii 747, 1911 i 695division one: general provisions title one: creation of obligations section one: obligations arising by contract a. conclusion of the contract i. mutual expression of intent 1. in general art. 1 1 the conclusion of a contract requires a mutual expression of intent by the parties.2 the expression of intent may be express or implied.2. secondary terms art. 2 1 where the parties have agreed on all the essential terms, it is presumed that the contract will be binding notwithstanding any reservation on secondary terms.2 in the event of failure to reach agreement on such secondary terms, the court must determine them with due regard to the nature of the transaction.3 the foregoing is subject to the provisions governing the form of contracts.ii. offer and acceptance 1. offer subject to time limit art. 3 1 a person who offers to enter into a contract with another person and sets a time limit for acceptance is bound by his offer until the time limit expires.2 he is no longer bound if no acceptance has reached him on expiry of the time limit.2. offer without time limit a. in the parties' presence art. 4 1 where an offer is made in the offeree's presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately.2 contracts concluded by telephone are deemed to have been concluded in the parties' presence where they or their agents communicated in person.b. in the parties' absence art. 5 1 where an offer is made in the offeree's absence and no time limit for acceptance is set, it remains binding on the offeror until such time as he might expect a reply sent duly and promptly to reach him.2 he may assume that his offer has been promptly received.3 where an acceptance sent duly and promptly is late in reaching the offeror and he does not wish to be bound by his offer, he must immediately inform the offeree.3. implied acceptance art. 6 where the particular nature of the transaction or the circumstances are such that express acceptance cannot reasonably be expected, the contract is deemed to have been concluded if the offer is not rejected within a reasonable time.3a. unsolicited goods art. 6a2 1 the sending of unsolicited goods does not constitute an offer.2 the recipient is not obliged to return or keep such goods.3 where unsolicited goods have obviously been sent in error, the recipient must inform the sender.2 inserted by no i of the fa of 5 oct. 1990, in force since 1 july 1991 (as 1991 846; bbl 1986 ii 354).4. non-binding offer, announcement of prices, display art. 7 1 an offeror is not bound by his offer if he has made express declaration to that effect or such a reservation arises from the circumstances or from the particular nature of the transaction.2 the sending of tariffs, price lists and the like does not constitute an offer.3 by contrast, the display of merchandise with an indication of its price does generally constitute an offer.5. publicly promised remuneration art. 8 1 a person who publicly promises remuneration or a reward in exchange for the performance of an act must pay in accordance with his promise. 2 if he withdraws his promise before performance has been made, he must reimburse any person incurring expenditure in good faith on account of the promise up to the maximum amount promised unless he can prove that such person could not have provided the performance in question.6. withdrawal of offer and acceptance art. 9 1 an offer is deemed not to have been made if its withdrawal reaches the offeree before or at the same time as the offer itself or, where it arrives subsequently, if it is communicated to the offeree before he becomes aware of the offer.2 the same applies to a withdrawal of an acceptance.iii. entry into effect of a contract concluded in the parties' absence art. 10 1 a contract concluded in the parties' absence takes effect from the time acceptance is sent.2 where express acceptance is not required, the contract takes effect from the time the offer is received.b. form of contracts i. formal requirements and significance in general art. 11 1 the validity of a contract is not subject to compliance with any particular form unless a particular form is prescribed by law.2 in the absence of any provision to the contrary on the significance and effect of formal requirements prescribed by law, the contract is valid only if such requirements are satisfied.ii. written form 1. form required by law a. scope art. 12 where the law requires that a contract be done in writing, the requirement also applies to any amendment to the contract with the exception of supplementary collateral clauses that do not conflict with the original document.b. effect art. 13 1 a contract required by law to be in writing must be signed by all persons on whom it imposes obligations.2 .33 repealed by annex no 2 to the fa of 19 dec. 2003 on electronic signatures, with effect from 1 jan. 2005 (as 2004 5085; bbl 2001 5679).c. signature art. 14 1 signatures must be appended by hand by the parties to the contract.2 a signature reproduced by mechanical means is recognised as sufficient only where such reproduction is customarily permitted, and in particular in the case of signatures on large numbers of issued securities.2bis an authenticated electronic signature combined with an authenticated time stamp within the meaning of the federal act of 18 march 20164 on electronic signatures is deemed equivalent to a handwritten signature, subject to any statutory or contractual provision to the contrary.53 the signature of a blind person is binding only if it has been duly certified or if it is proved that he was aware of the terms of the document at the time of signing.4 sr 943.035 inserted by annex no 2 to the fa of 19 dec. 2003 on electronic signatures (as 2004 5085; bbl 2001 5679). amended by annex no ii 4 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).d. mark in lieu of signature art. 15 subject to the provisions relating to bills of exchange, any person unable to sign may make a duly certified mark by hand or give a certified declaration in lieu of a signature.2. form stipulated by contract art. 16 1 where the parties agree to make a contract subject to formal requirements not prescribed by law, it is presumed that the parties do not wish to assume obligations until such time as those requirements are satisfied.2 where the parties stipulate a written form without elaborating further, the provisions governing the written form as required by law apply to satisfaction of that requirement.c. cause of obligation art. 17 an acknowledgment of debt is valid even if it does not state the cause of the obligation.d. interpretation of contracts, simulation art. 18 1 when assessing the form and terms of a contract, the true and common intention of the parties must be ascertained without dwelling on any inexact expressions or designations they may have used either in error or by way of disguising the true nature of the agreement.2 a debtor may not plead simulation as a defence against a third party who has become his creditor in reliance on a written acknowledgment of debt.e. terms of the contract i. definition of terms art. 19 1 the terms of a contract may be freely determined within the limits of the law.2 clauses that deviate from those prescribed by law are admissible only where the law does not prescribe mandatory forms of wording or where deviation from the legally prescribed terms would contravene public policy, morality or rights of personal privacy.ii. nullity art. 20 1 a contract is void if its terms are impossible, unlawful or immoral.2 however, where the defect pertains only to certain terms of a contract, those terms alone are void unless there is cause to assume that the contract would not have been concluded without them.iii. unfair advantage art. 21 1 where there is a clear discrepancy between performance and consideration under a contract concluded as a result of one party's exploitation of the other's straitened circumstances, inexperience or thoughtlessness, the person suffering damage may declare within one year that he will not honour the contract and demand restitution of any performance already made.2 the one-year period commences on conclusion of the contract.iv. agreement to conclude a contract art. 22 1 parties may reach a binding agreement to enter into a contract at a later date.2 where in the interests of the parties the law makes the validity of a contract conditional on observance of a particular form, the same applies to the agreement to conclude a contract.f. defect in consent i. error 1. effect art. 23 a party labouring under a fundamental error when entering into a contract is not bound by that contract.2. cases of mistake art. 24 1 an error is fundamental in the following cases in particular:1. where the party acting in error intended to conclude a contract different from that to which he consented;2. where the party acting in error has concluded a contract relating to a subject matter other than the subject matter he intended or, where the contract relates to a specific person, to a person other than the one he intended;3. where the party acting in error has promised to make a significantly greater performance or has accepted a promise of a significantly lesser consideration than he actually intended;4. where the error relates to specific facts which the party acting in error considered in good faith to be a necessary basis for the contract.2 however, where the error relates solely to the reason for concluding the contract, it is not fundamental.3 calculation errors do not render a contract any less binding, but must be corrected.3. invoking error contrary to good faith art. 25 1 a person may not invoke error in a manner contrary to good faith.2 in particular, the party acting in error remains bound by the contract he intended to conclude, provided the other party accepts that contract.4. error by negligence art. 26 1 a party acting in error and invoking that error to repudiate a contract is liable for any damage arising from the nullity of the agreement where the error is attributable to his own negligence, unless the other party knew or should have known of the error.2 in the interests of equity, the court may award further damages to the person suffering damage.5. incorrect intermediation art. 27 where an offer to enter into a contract or the acceptance of that offer has been incorrectly communicated by a messenger or other intermediary, the provisions governing error apply mutatis mutandis.ii. fraud art. 28 1 a party induced to enter into a contract by the fraud of the other party is not bound by it even if his error is not fundamental.2 a party who is the victim of fraud by a third party remains bound by the contract unless the other party knew or should have known of the fraud at the time the contract was concluded.iii. duress 1. consent to contract art. 29 1 where a party has entered into a contract under duress from the other party or a third party, he is not bound by that contract.2 where the duress originates from a third party and the other party neither knew nor should have known of it, a party under duress who wishes to be released from the contract must pay compensation to the other party where equity so requires.2. definition of duress art. 30 1 a party is under duress if, in the circumstances, he has good cause to believe that there is imminent and substantial risk to his own life, limb, reputation or property or to those of a person close to him.2 the fear that another person might enforce a legitimate claim is taken into consideration only where the straitened circumstances of the party under duress have been exploited in order to extort excessive benefits from him.iv. defect of consent negated by ratification of the contract art. 31 1 where the party acting under error, fraud or duress neither declares to the other party that he intends not to honour the contract nor seeks restitution for the performance made within one year, the contract is deemed to have been ratified. 2 the one-year period runs from the time that the error or the fraud was discovered or from the time that the duress ended.3 the ratification of a contract made voidable by duress or fraud does not automatically exclude the right to claim damages.g. agency i. with authorisation 1. in general a. effect of agency art. 32 1 the rights and obligations arising from a contract made by an agent in the name of another person accrue to the person represented, and not to the agent.2 where the agent did not make himself known as such when making the contract, the rights and obligations arising therefrom accrue directly to the person represented only if the other party must have inferred the agency relationship from the circumstances or did not care with whom the contract was made.3 where this is not the case, the claim must be assigned or the debt assumed in accordance with the principles governing such measures.b. scope of authority art. 33 1 where authority to act on behalf of another stems from relationships established under public law, it is governed by the public law provisions of the confederation or the cantons.2 where such authority is conferred by means of the transaction itself, its scope is determined by that transaction.3 where a principal grants such authority to a third party and informs the latter thereof, the scope of the authority conferred on the third party is determined according to wording of the communication made to him.2. authority arising from a transaction a. restriction and revocation art. 34 1 a principal authorising another to act on his behalf by means of a transaction may restrict or revoke such authority at any time without prejudice to any rights acquired by those involved under existing legal relationships, such as an individual contract of employment, a partnership agreement or an agency agreement.6 2 any advance waiver of this right by the principal is void.3 where the represented party has expressly or de facto announced the authority he has conferred, he may not invoke its total or partial revocation against a third party acting in good faith unless he has likewise announced such revocation.6 amended by no ii art. 1 no 1 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.b. effect of death, incapacity, etc. art. 35 1 the authority conferred by means of a transaction is extinguished on the loss of capacity to act, bankruptcy, death, or declaration of presumed death of the principal or the agent, unless the contrary has been agreed or is implied by the nature of the transaction.72 the same applies on the dissolution of a legal entity or a company or partnership entered in the commercial register.3 the mutual personal rights of the parties are unaffected.7 amended by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).c. return of the instrument conferring authority art. 36 1 where an agent has been issued with an instrument setting out his authority, he must return it or deposit it with the court when that authority has ended.2 where the principal or his legal successors have omitted to insist on the return of such instrument, they are liable to bona fide third parties for any damage arising from that omission.d. time from which end of authority takes effect art. 37 1 until such time as an agent becomes aware that his authority has ended, his actions continue to give rise to rights and obligations on the part of the principal or the latter's legal successors as if the agent's authority still existed.2 this does not apply in cases in which the third party is aware that the agent's authority has ended.ii. without authority 1. ratification art. 38 1 where a person without authority enters into a contract on behalf of a third party, rights and obligations do not accrue to the latter unless he ratifies the contract.2 the other party has the right to request that the represented party ratify the contract within a reasonable time, failing which he is no longer bound by it.2. failure to ratify art. 39 1 where ratification is expressly or implicitly refused, action may be brought against the person who acted as agent for compensation in respect of any damage caused by the extinction of the contract unless he can prove that the other party knew or should have known that he lacked the proper authority.2 where the agent is at fault, the court may order him to pay further damages on grounds of equity.3 in all cases, claims for unjust enrichment are reserved.iii. reservation of special provisions art. 40 the special provisions governing the authority of agents and governing bodies of companies and partnerships and of registered and other authorised agents are unaffected.h. revocation in door-to-door sales and similar contracts i. scope of application art. 40a8 1 the following provisions apply to contracts relating to goods and services intended for the customer's personal or family use where:a. the supplier of the goods or services acted in a professional or commercial capacity; andb. the consideration from the buyer exceeds 100 francs.2 these provisions do not apply to legal transactions that are entered into by financial institutions and banks within the framework of existing financial services contracts in accordance with the financial services act of 15 june 20189.102bis for insurance policies, the provisions of the insurance policies act of 2 april 190811 apply.123 in the event of significant change to the purchasing power of the national currency, the federal council shall adjust the sum indicated in para. 1 let. b accordingly.8 inserted by no i of the fa of 5 oct. 1990, in force since 1 july 1991 (as 1991 846; bbl 1986 ii 354).9 sr 950.110 amended by no ii of the fa of 19 june 2020, in force since 1 jan. 2022 (as 2020 4969; bbl 2017 5089).11 sr 221.229.112 inserted by no ii of the fa of 19 june 2020, in force since 1 jan. 2022 (as 2020 4969; bbl 2017 5089).ii. general principle art. 40b13 a customer may revoke his offer to enter into a contract or his acceptance of such an offer if the transaction was proposed:a.14 at his place of work, on residential premises or in their immediate vicinity;b. on public transport or on a public thoroughfare;c. during a promotional event held in connection with an excursion or similar event;d.15 by telephone or by a comparable means of simultaneous verbal communication.13 inserted by no i of the fa of 5 oct. 1990, in force since 1 july 1991 (as 1991 846; bbl 1986 ii 354).14 amended by no i of the fa of 18 june 1993, in force since 1 jan. 1994 (as 1993 3120; bbl 1993 i 757).15 inserted by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).iii. exceptions art. 40c16 the customer has no right of revocation:if he expressly requested the contractual negotiations;b. if he declared his offer or acceptance at a stand at a market or trade fair.16 inserted by no i of the fa of 5 oct. 1990 (as 1991 846; bbl 1986 ii 354). amended by no i of the fa of 18 june 1993, in force since 1 jan. 1994 (as 1993 3120; bbl 1993 i 757).iv. duty to inform art. 40d17 1 the supplier must inform the customer in writing or in another form that may be evidenced by text of the latter's right of revocation and of the form and time limit to be observed when exercising such right, and must provide his address.182 such information must be dated and permit identification of the contract in question.3 the information must be transmitted in such a manner that the customer is aware of it when he proposes or accepts the contract.1917 inserted by no i of the fa of 5 oct. 1990 (as 1991 846; bbl 1986 ii 354). amended by no i of the fa of 18 june 1993, in force since 1 jan. 1994 (as 1993 3120; bbl 1993 i 757).18 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).19 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).v. revocation 1. form and time limit art. 40e20 1 revocation need not be in any particular form. the onus is on the customer to prove that he has revoked the contract within the time limit.212 the prescriptive period for revocation is 14 days and commences as soon as the customer:22a. has proposed or accepted the contract; andb. has become aware of the information stipulated in art. 40d.3 the onus is on the supplier to prove when the customer received the information stipulated in art. 40d.4 the time limit is observed if, on the last day of the prescriptive period, the customer informs the supplier of revocation or posts his written notice of revocation.2320 inserted by no i of the fa of 5 oct. 1990 (as 1991 846; bbl 1986 ii 354). amended by no i of the fa of 18 june 1993, in force since 1 jan. 1994 (as 1993 3120; bbl 1993 i 757).21 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).22 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).23 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).2. consequences art. 40f24 1 where the customer has revoked the contract, the parties must provide restitution for any performance already made.2 where the customer has made use of the goods, he owes an appropriate rental payment to the supplier.3 where the supplier has rendered services to him, the customer must reimburse the supplier for outlays and expenses incurred in accordance with the provisions governing agency (art. 402).4 the customer does not owe the supplier any further compensation.24 inserted by no i of the fa of 5 oct. 1990, in force since 1 july 1991 (as 1991 846; bbl 1986 ii 354).art. 40g25 25 inserted by no i of the fa of 5 oct. 1990 (as 1991 846; bbl 1986 ii 354). repealed by annex no 5 to the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).section two: obligations in tort a. general principles i. conditions of liability art. 41 1 any person who unlawfully causes damage to another, whether wilfully or negligently, is obliged to provide compensation.2 a person who wilfully causes damage to another in an immoral manner is likewise obliged to provide compensation.ii. determining the damage art. 42 1 a person claiming damages must prove that damage occurred.2 where the exact value of the damage cannot be quantified, the court shall estimate the value at its discretion in the light of the normal course of events and the steps taken by the person suffering damage.3 the costs of treating animals kept as pets rather than for investment or commercial purposes may be claimed within appropriate limits as a loss even if they exceed the value of the animal.2626 inserted by no ii of the fa of 4 oct. 2002 (animals), in force since 1 april 2003 (as 2003 463; bbl 2002 3885 5418).iii. determining compensation art. 43 1 the court determines the form and extent of the compensation provided for damage incurred, with due regard to the circumstances and the degree of culpability.1bis where an animal kept as a pet rather than for investment or commercial purposes has been injured or killed, the court may take appropriate account of its sentimental value to its owner or his dependants.272 where damages are awarded in the form of periodic payments, the debtor must at the same time post security.27 inserted by no ii of the fa of 4 oct. 2002 (animals), in force since 1 april 2003 (as 2003 463; bbl 2002 3885 5418).iv. grounds for reducing compensation art. 44 1 where the person suffering damage consented to the harmful act or circumstances attributable to him helped give rise to or compound the damage or otherwise exacerbated the position of the party liable for it, the court may reduce the compensation due or even dispense with it entirely.2 the court may also reduce the compensation award in cases in which the damage was caused neither wilfully nor by gross negligence and where payment of such compensation would leave the liable party in financial hardship.v. special cases 1. homicide and personal injury a. damages for homicide art. 45 1 in the event of homicide, compensation must cover all expenses arising and in particular the funeral costs.2 where death did not occur immediately, the compensation must also include the costs of medical treatment and losses arising from inability to work.3 where others are deprived of their means of support as a result of homicide, they must also be compensated for that loss.b. damages for personal injury art. 46 1 in the event of personal injury, the victim is entitled to reimbursement of expenses incurred and to compensation for any total or partial inability to work and for any loss of future earnings.2 where the consequences of the personal injury cannot be assessed with sufficient certainty at the time the award is made, the court may reserve the right to amend the award within two years of the date on which it was made.c. satisfaction art. 47 in cases of homicide or personal injury, the court may award the victim of personal injury or the dependants of the deceased an appropriate sum by way of satisfaction.2. . art. 4828 28 repealed by art. 21 para. 1 of the fa of 30 sept. 1943 on unfair competition, with effect from 1 march 1945 (bs 2 951).3. injury to personality rights art. 4929 1 any person whose personality rights are unlawfully infringed is entitled to a sum of money by way of satisfaction provided this is justified by the seriousness of the infringement and no other amends have been made.2 the court may order that satisfaction be provided in another manner instead of or in addition to monetary compensation.29 amended by no ii 1 of the fa of 16 dec. 1983, in force since 1 july 1985 (as 1984 778; bbl 1982 ii 661).vi. multiple liable parties 1. in tort art. 50 1 where two or more persons have together caused damage, whether as instigator, perpetrator or accomplice, they are jointly and severally liable to the person suffering damage.2 the court determines at its discretion whether and to what extent they have right of recourse against each other.3 abettors are liable in damages only to the extent that they received a share in the gains or caused damage due to their involvement.2. on different legal grounds art. 51 1 where two or more persons are liable for the same damage on different legal grounds, whether under tort law, contract law or by statute, the provision governing recourse among persons who have jointly caused damage is applicable mutatis mutandis.2 as a rule, compensation is provided first by those who are liable in tort and last by those who are deemed liable by statutory provision without being at fault or in breach of contractual obligation.vii. self-defence, necessity, legitimate use of force art. 52 1 where a person has acted in self-defence, he is not liable to pay compensation for damage caused to the person or property of the aggressor.2 a person who damages the property of another in order to protect himself or another person against imminent damage or danger must pay damages at the court's discretion.3 a person who uses force to protect his rights is not liable in damages if in the circumstances the assistance of the authorities could not have been obtained in good time and such use of force was the only means of preventing the loss of his rights or a significant impairment of his ability to exercise them.viii. relationship with criminal law art. 53 1 when determining fault or lack of fault and capacity or incapacity to consent, the court is not bound by the provisions governing criminal capacity nor by any acquittal in the criminal court.2 the civil court is likewise not bound by the verdict in the criminal court when determining fault and assessing compensation.b. liability of persons lacking capacity to consent art. 54 1 on grounds of equity, the court may also order a person who lacks capacity to consent to provide total or partial compensation for the damage he has caused.2 a person who has temporarily lost his capacity to consent is liable for any damage caused when in that state unless he can prove that said state arose through no fault of his own.c. liability of employers art. 55 1 an employer is liable for the damage caused by his employees or ancillary staff in the performance of their work unless he proves that he took all due care to avoid a damage of this type or that the damage would have occurred even if all due care had been taken.302 the employer has a right of recourse against the person who caused the damage to the extent that such person is liable in damages.30 amended by no ii art. 1 no 2 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.d. liability for animals i. damages art. 56 1 in the event of damage caused by an animal, its keeper is liable unless he proves that in keeping and supervising the animal he took all due care or that the damage would have occurred even if all due care had been taken.2 he has a right of recourse if the animal was provoked either by another person or by an animal belonging to another person.3 .3131 repealed by art. 27 no 3 of the fa of 20 june 1986 on hunting, with effect from 1 april 1988 (as 1988 506; bbl 1983 ii 1197).ii. seizure of animals art. 57 1 a person in possession of a plot of land is entitled to seize animals belonging to another which cause damage on that land and take them into his custody as security for his claim for compensation or even to kill them, where justified by the circumstances.2 he nonetheless has an obligation to notify the owner of such animals without delay or, if the owner is not known to him, to take the necessary steps to trace the owner.e. liability of property owners i. damages art. 58 1 the owner of a building or any other structure is liable for any damage caused by defects in its construction or design or by inadequate maintenance.2 he has a right of recourse against persons liable to him in this regard.ii. safety measures art. 59 1 a person who is at risk of suffering damage due to a building or structure belonging to another may insist that the owner take the necessary steps to avert the danger.2 orders given by the police for the protection of persons and property are unaffected.f. liability in respect of cryptographic keys art. 59a32 1 the owner of a cryptographic key used to generate electronic signatures or seals is liable to third parties for any damage they have suffered as a result of relying on a valid certificate issued by a provider of certification services within the meaning of the federal act of 18 march 201633 on electronic signatures.2 the owner is absolved of liability if he can satisfy the court that he took all the security precautions that could reasonably be expected in the circumstances to prevent misuse of the cryptographic key.3 the federal council defines the security precautions to be taken pursuant to paragraph 2.32 inserted by annex no 2 to the fa of 19 dec. 2003 on electronic signatures (as 2004 5085; bbl 2001 5679). amended by annex no ii 4 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).33 sr 943.03g. prescription34 34 amended by annex no 2 to the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679.03).art. 60 1 the right to claim damages or satisfaction prescribes three years from the date on which the person suffering damage became aware of the loss, damage or injury and of the identity of the person liable for it but in any event ten years after the date on which the harmful conduct took place or ceased.351bis in cases death or injury, the right to claim damages or satisfaction prescribes three years from the date on which the person suffering damage became aware of the damage and of the identity of person liable for it, but in any event twenty years after the date on which the harmful conduct took place or ceased.362 if the person liable has committed a criminal offence through his or her harmful conduct, then notwithstanding the foregoing paragraphs the right to damages or satisfaction prescribes at the earliest when the right to prosecute the offence becomes time-barred. if the right to prosecute is no longer liable to become time-barred because a first instance criminal judgment has been issued, the right to claim damages or satisfaction prescribes at the earliest three years after notice of the judgment is given.373 where the tort has given rise to a claim against the person suffering damage, he may refuse to satisfy the claim even if his own claim in tort is time-barred.35 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).36 inserted by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).37 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).h. liability of civil servants and public officials38 38 amended by annex no 2 to the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).art. 61 1 the confederation and the cantons may by way of legislation enact provisions that deviate from those of this section to govern the liability of civil servants and public officials to pay damages or satisfaction for any damage they cause in the exercise of their duties.2 the provisions of this section may not, however, be modified by cantonal legislation in the case of commercial duties performed by civil servants or public officials.section three: obligations deriving from unjust enrichment a. requirement i. in general art. 62 1 a person who has enriched himself without just cause at the expense of another is obliged to make restitution.2 in particular, restitution is owed for money benefits obtained for no valid reason whatsoever, for a reason that did not transpire or for a reason that subsequently ceased to exist.ii. payment in satisfaction of a non-existent obligation art. 63 1 a person who has voluntarily satisfied a non-existent debt has a right to restitution of the sum paid only if he can prove that he paid it in the erroneous belief that the debt was owed.2 restitution is excluded where payment was made in satisfaction of a debt that has prescribe or of a moral obligation.3 the provisions of federal debt collection and bankruptcy law governing the right to the restitution of payments made in satisfaction of non-existent claims are unaffected.b. scope of restitution i. obligations of the unjustly enriched party art. 64 there is no right of restitution where the recipient can show that he is no longer enriched at the time the claim for restitution is brought, unless he alienated the money benefits in bad faith or in the certain knowledge that he would be bound to return them.ii. rights in respect of expenditures art. 65 1 the recipient is entitled to reimbursement of necessary and useful expenditures, although where the unjust enrichment was received in bad faith, the reimbursement of useful expenditures must not exceed the amount of added value as at the time of restitution.2 he is not entitled to any compensation for other expenditures, but where no such compensation is offered to him, he may, before returning the property, remove anything he has added to it provided this is possible without damaging it.c. exclusion of restitution art. 66 no right to restitution exists in respect of anything given with a view to producing an unlawful or immoral outcome.d. prescription art. 67 1 the right to claim restitution for unjust enrichment prescribes three years after the date on which the person suffering damage learned of his or her claim and in any event ten years after the date on which the claim first arose.392 where the unjust enrichment consists of a claim against the person suffering damage, he or she may refuse to satisfy the claim even if his or her own claim for restitution has prescribed.39 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).title two: effect of obligations section one: performance of obligations a. general principles i. performance by the obligor in person art. 68 an obligor is not obliged to discharge his obligation in person unless so required by the obligee.ii. object of performance 1. part payment art. 69 1 a creditor may refuse partial payment where the total debt is established and due.2 if the creditor wishes to accept part payment, the debtor may not refuse to settle the part of the debt that he acknowledges is due.2. indivisible performance art. 70 1 where indivisible performance is due to several obligees, the obligor must make performance to all of them jointly, and each obligee may demand that performance be made to all of them jointly.2 where indivisible performance is due by several obligors, each of them has an obligation to make performance in full.3 unless circumstances dictate otherwise, an obligor who has satisfied the obligee may then claim proportionate compensation from the other obligors and to that extent the claim of the satisfied obligee passes to him.3. debt of generic object art. 71 1 if the object owed is defined only in generic terms, the obligor may choose what object is given in repayment unless otherwise stipulated under the legal relationship.2 however, the obligor must not offer an object of less-than-average quality.4. obligations involving choice of performance art. 72 where an obligation may be discharged by one of several alternative types of performance, the obligor may choose which performance to make unless otherwise stipulated under the legal relationship.5. interest art. 73 1 where an obligation involves the payment of interest but the rate is not set by contract, law or custom, interest is payable at the rate of 5% per annum.2 public law provisions governing abusive interest charges are not affected.b. place of performance art. 74 1 the place of performance is determined by the intention of the parties as stated expressly or evident from the circumstances.2 except where otherwise stipulated, the following principles apply:1. pecuniary debts must be paid at the place where the creditor is resident at the time of performance;2. where a specific object is owed, it must be delivered at the place where it was located when the contract was entered into;3. other obligations must be discharged at the place where the obligor was resident at the time they arose.3 where the obligee may require performance of an obligation at his domicile but this has changed since the obligation arose, thereby significantly hindering performance by the obligor, the latter is entitled to render performance at the original domicile.c. time of performance i. open-ended obligations art. 75 where no time of performance is stated in the contract or evident from the nature of the legal relationship, the obligation may be discharged or called in immediately.ii. obligations subject to time limit 1. monthly time limits art. 76 1 a time limit expressed as the beginning or end of a month means the first or last day of the month respectively. 2 a time limit expressed as the middle of the month means the fifteenth day of that month.2. other time limits art. 77 1 where an obligation must be discharged or some other transaction accomplished within a certain time limit subsequent to conclusion of the contract, the time limit is defined as follows:1. where the time limit is expressed as a number of days, performance falls due on the last thereof, not including the date on which the contract was concluded, and where the number stipulated is eight or fifteen days, this means not one or two weeks but a full eight or fifteen days;2. where the time limit is expressed as a number of weeks, performance falls due in the last week of the period on the same day of the week as the one on which the contract was concluded;3. where the time limit is expressed as a number of months or as a period comprising several months (a year, half-year or quarter), performance falls due in the last month of the period on the same day of the month as the one on which the contract was concluded or, where the last month of the period contains no such day, on the last day of that month.the term 'half-month' has the same meaning as a time limit of fifteen days; if the time limit is expressed as a period of one or more months plus one half-month, the fifteen days are counted last.2 time limits are calculated in the same manner when stipulated as running from a date other than the date on which the contract was concluded.3 where an obligation must be discharged before a specified time limit, performance must occur before that time expires.3. sundays and public holidays art. 78 1 where the time of performance or the last day of a time limit falls on a sunday or on a day officially recognised as a public holiday40 at the place of performance, the time of performance or the last day of a time limit is deemed to be the next working day.2 any agreement to the contrary is unaffected.40 in relation to the statutory time limits under federal law and the time limits fixed by authorities by virtue of federal law, saturday is now regarded as equivalent to a public holiday (art. 1 of the fa of 21 june 1963 on the application of limitation periods to saturdays; sr 173.110.3).iii. performance during business hours art. 79 performance of the obligation must be made and accepted during normal business hours on the date stipulated.iv. extension of the time limit art. 80 where the agreed time limit for performance is extended, in the absence of an agreement to the contrary, the new time limit runs from the first day following expiry of the previous time limit.v. early performance art. 81 1 unless the terms or nature of the contract or the circumstances indicate that the parties intended otherwise, performance may be rendered before the date on which the time limit expires.2 however, the obligor is not entitled to apply a discount unless that discount has been agreed or is sanctioned by custom.vi. in bilateral contracts 1. order of performance art. 82 a party to a bilateral contract may not demand performance until he has discharged or offered to discharge his own obligation, unless the terms or nature of the contract allow him to do so at a later date.2. allowance for unilateral insolvency art. 83 1 where one party to a bilateral contract has become insolvent, in particular by virtue of bankruptcy proceedings or execution without satisfaction, and this deterioration in its financial position jeopardises the claim of the other party, the latter may withhold performance until security has been provided for the consideration.2 he may withdraw from the contract if, on request, no such security is provided within a reasonable time.d. payment i. national currency art. 8441 1 pecuniary debts must be discharged in legal tender of the currency in which the debt was incurred.2 a debt expressed in a currency other than the national currency of the place of payment may be discharged in that national currency at the rate of exchange that applies on the day it falls due, unless literal performance is required by inclusion in the contract of the expression 'actual currency' or words to that effect. 41 amended by annex no 2 to the fa of 22 dec. 1999 on currency and payment instruments, in force since 1 may 2000 (as 2002 1144; bbl 1999 7258).ii. allocation 1. of part payments art. 85 1 a debtor may offset a part payment against the debt principal only if he is not in arrears with interest payments and expenses.2 where a creditor has received guarantees, pledges or other security for a portion of his claim, the debtor may not offset a part payment against that portion in preference to less well secured portions of the claim.2. in the case of multiple debts a. at the discretion of debtor or creditor art. 86 1 a debtor with several debts to the same creditor is entitled to state at the time of payment which debt he means to redeem.2 in the absence of any statement from the debtor, the payment will be allocated to the debt indicated by the creditor in his receipt, unless the debtor objects immediately.b. by law art. 87 1 where no valid debt redemption statement has been made and the receipt does not indicate how the payment has been allocated, it is allocated to whichever debt is due or, if several are due, to the debt that first gave rise to enforcement proceedings against the debtor or, in the absence of such proceedings, to the debt that fell due first.2 where several debts fell due at the same time, the payment is offset against them proportionately.3 if none of the debts is yet due, the payment is allocated to the one offering the least security for the creditor.iii. receipt and return of borrower's note 1. right of the debtor art. 88 1 a debtor making a payment is entitled to demand a receipt and, provided the debt is fully redeemed, the return or annulment of the borrower's note.2 if the debt is not completely redeemed or the borrower's note confers other rights on the creditor, the debtor is entitled to demand only a receipt and that a record of the payment be entered on the borrower's note.2. effect art. 89 1 where interest or other periodic payments are due, a creditor unreservedly issuing a receipt for a later periodic payment is presumed to have received all previous periodic payments.2 if he issues a receipt for redemption of the debt principal, he is presumed to have received the interest.3 the return of the borrower's note to the debtor gives rise to a presumption that the debt has been redeemed.3. return of borrower's note not possible art. 90 1 if the creditor claims to have lost the borrower's note, on redeeming the debt, the debtor may insist that the creditor declare by public deed or notarised document that the borrower's note has been annulled and the debt redeemed.2 the provisions governing annulment of securities are reserved.e. default of obligee i. requirement art. 91 the obligee is in default if he refuses without good cause to accept performance properly offered to him or to carry out such preparations as he is obliged to make and without which the obligor cannot render performance.ii. effect 1. on obligations relating to objects a. right to deposit object art. 92 1 where the obligee is in default, the obligor is entitled to deposit the object at the expense and risk of the obligee, thereby discharging his obligation.2 the court decides which place should serve as depositary; however, merchandise may be deposited in a warehouse without need for a court decision.4242 amended by annex no 5 to the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).b. right to sell art. 93 1 where the characteristics of the object or the nature of the business preclude a deposit or the object is perishable or gives rise to maintenance costs or substantial storage costs, after having given formal warning to the obligee and with the court's permission, the obligor may dispose of the object by open sale and deposit the sale proceeds.2 where the object has a quoted stock exchange or market price or its value is low in proportion to the costs involved, the sale need not be open and the court may authorise it without prior warning.c. right to take back the object art. 94 1 the obligor is entitled to take back the object deposited providing the obligee has not declared that he accepts it or providing the deposit has not had the effect of redeeming a pledge.2 as soon as the object is taken back, the claim and all accessory rights become effective again.2. on other obligations art. 95 where the obligation does not relate to objects and the obligee is in default, the obligor may withdraw from the contract in accordance with the provisions governing default of the obligor.f. performance prevented for other reasons art. 96 the obligor is entitled to deposit his performance or to withdraw from the contract, as in the case of default on the part of the obligee, where performance cannot be rendered either to the obligee or to his representative for some other reason pertaining to the obligee or where through no fault of the obligor there is uncertainty as to the identity of the obligee.section two: the consequences of non-performance of obligations a. failure to perform i. obligor's duty to compensate 1. in general art. 97 1 an obligor who fails to discharge an obligation at all or as required must make amends for the resulting damage unless he can prove that he was not at fault.2 the procedure for debt enforcement is governed by the provisions of the federal act of 11 april 188943 on debt collection and bankruptcy and the civil procedure code of 19 december 200844 (cpc).4543 sr 281.144 sr 27245 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).2. obligation to act or refrain from action art. 98 1 where the obligation is to take certain action, the obligee may without prejudice to his claims for damages obtain authority to perform the obligation at the obligor's expense.2 where the obligation is to refrain from taking certain action, any breach of such obligation renders the obligor liable to make amends for the damage caused.3 in addition, the obligee may request that the situation constituting a breach of the obligation be rectified and may obtain authority to rectify it at the obligor's expense.ii. scope of liability and compensation 1. in general art. 99 1 the obligor is generally liable for any fault attributable to him.2 the scope of such liability is determined by the particular nature of the transaction and in particular is judged more leniently where the obligor does not stand to gain from the transaction.3 in other respects, the provisions governing liability in tort apply mutatis mutandis to a breach of contract.2. exclusion of liability art. 100 1 any agreement purporting to exclude liability for unlawful intent or gross negligence in advance is void.2 at the discretion of the court, an advance exclusion of liability for minor negligence may be deemed void provided the party excluding liability was in the other party's service at the time the waiver was made or the liability arises in connection with commercial activities conducted under official licence.3 the specific provisions governing insurance policies are unaffected.3. liability for associates art. 101 1 a person who delegates the performance of an obligation or the exercise of a right arising from a contractual obligation to an associate, such as a member of his household or an employee is liable to the other party for any damage the associate causes in carrying out such tasks, even if their delegation was entirely authorised.462 this liability may be limited or excluded by prior agreement.3 if the obligee is in the obligor's service or if the liability arises in connection with commercial activities conducted under official licence, any exclusion of liability by agreement may apply at most to minor negligence.46 amended by no ii art. 1 no 3 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.b. default of obligor i. requirement art. 102 1 where an obligation is due, the obligor is in default as soon as he receives a formal reminder from the obligee.2 where a deadline for performance of the obligation has been set by agreement or as a result of a duly exercised right of termination reserved by one party, the obligor is automatically in default on expiry of the deadline.ii. effect 1. liability for accidental damage art. 103 1 an obligor in default is liable in damages for late performance and even for accidental damage.2 he may discharge himself from such liability by proving that his default occurred through no fault of his own or that the object of performance would have suffered the accidental damage to the detriment of the obligee even if performance had taken place promptly.2. default interest a. in general art. 104 1 a debtor in default on payment of a pecuniary debt must pay default interest of 5% per annum even where a lower rate of interest was stipulated by contract.2 where the contract envisages a rate of interest higher than 5%, whether directly or by agreement of a periodic bank commission, such higher rate of interest may also be applied while the debtor remains in default.3 in business dealings, where the normal bank discount rate at the place of payment is higher than 5%, default interest may be calculated at the higher rate.b. debtor in default on payments of interest, annuities and gifts art. 105 1 a debtor in default on payment of interest, annuities or gifts is liable for default interest only as of the day on which enforcement proceedings are initiated or legal action is brought.2 any agreement to the contrary is assessed by the court in accordance with the provisions governing penalty clauses.3 default interest is never payable on default interest.3. excess damage art. 106 1 where the value of the damage suffered by the creditor exceeds the default interest, the debtor is liable also for this additional damage unless he can prove that he is not at fault.2 where the additional damage can be anticipated, the court may award compensation for such damage in its judgment on the main claim.4. withdrawal and damages a. subject to time limit art. 107 1 where the obligor under a bilateral contract is in default, the obligee is entitled to set an appropriate time limit for subsequent performance or to ask the court to set such time limit.2 if performance has not been rendered by the end of that time limit, the obligee may compel performance in addition to suing for damages in connection with the delay or, provided he makes an immediate declaration to this effect, he may instead forego subsequent performance and either claim damages for non-performance or withdraw from the contract altogether.b. without time limit art. 108 no time limit need be set:1. where it is evident from the conduct of the obligor that a time limit would serve no purpose;2. where performance has become pointless to the obligee as a result of the obligor's default;3. where the contract makes it clear that the parties intended that performance take place at or before a precise point in time.c. effect of withdrawal art. 109 1 an obligee withdrawing from a contract may refuse the promised consideration and demand the return of any performance already made.2 in addition he may claim damages for the lapse of the contract, unless the obligor can prove that he was not at fault.section three: obligations involving third parties a. subrogation art. 110 a third party who satisfies the creditor is by operation of law subrogated to his rights:1. if he redeems an object given in pledge for the debt of another and he owns said object or has a limited right in rem in it;2. if the debtor notifies the creditor that the third party who is paying is to take the creditor's place.b. guarantee of performance by third party art. 111 a person who gives an undertaking to ensure that a third party performs an obligation is liable in damages for non-performance by said third party. c. contracts conferring rights on third parties i. in general art. 112 1 a person who, acting in his own name, has entered into a contract whereby performance is due to a third party is entitled to compel performance for the benefit of said third party.2 the third party or his legal successors have the right to compel performance where that was the intention of the contracting parties or is the customary practice.3 in this case the obligee may no longer release the obligor from his obligations once the third party has notified the obligor of his intention to exercise that right.ii. in the case of liability insurance art. 113 where an employer has taken out liability insurance and his employee has contributed at least half of the premiums, the employee has sole claim to the policy benefits.title three: extinction of obligations a. extinction of accessory rights art. 114 1 where a claim ceases to exist by virtue of being satisfied or in some other manner, all accessory rights such as guarantees and charges are likewise extinguished.2 interest that has accrued may be reclaimed only if that right is conferred on the obligee by the contract or is evident from the circumstances.3 the specific provisions governing charges on immovable property, securities and composition agreements are unaffected.b. extinction by agreement art. 115 no particular form is required for the extinction of a claim by agreement even where the obligation itself could not be assumed without satisfying certain formal requirements required by law or elected by the parties.c. novation i. in general art. 116 1 where a new debt relationship is contracted, there is no presumption of novation in respect of an old one.2 in particular, in the absence of agreement to the contrary, novation does not result from signature of a bill of exchange in respect of an existing debt or from the issue of a new borrower's note or contract of surety.ii. in relation to current accounts art. 117 1 the mere posting of individual entries in a current account does not result in novation.2 however, there is a presumption of novation if the balance on the account has been drawn and acknowledged.3 where special security exists for one of the account entries, unless otherwise agreed, such security is retained even if the balance on the account is drawn and acknowledged.d. merger art. 118 1 an obligation is deemed extinguished by merger where the capacities of creditor and debtor are united in the same entity.2 in the event of de-merger, the obligation is revived.3 the specific provisions governing charges on immovable property and securities are unaffected.e. performance becomes impossible art. 119 1 an obligation is deemed extinguished where its performance is made impossible by circumstances not attributable to the obligor.2 in a bilateral contract, the obligor thus released is liable for the consideration already received pursuant to the provisions on unjust enrichment and loses his counter-claim to the extent it has not yet been satisfied.3 this does not apply to cases in which, by law or contractual agreement, the risk passes to the obligee prior to performance.f. set-off i. requirement 1. in general art. 120 1 where two persons owe each other sums of money or performance of identical obligations, and provided that both claims have fallen due, each party may set off his debt against his claim.2 the debtor may assert his right of set-off even if the countervailing claim is contested.3 a time-barred claim may be set off provided that it was not time-barred at the time it became eligible for set-off.2. under surety art. 121 a surety may refuse to satisfy the creditor to the extent that the principal debtor has a right of set-off.3. in contracts conferring rights on third parties art. 122 a person who has undertaken an obligation in favour of a third party may not set off that obligation against his own claims against said party.4. where the debtor is bankrupt art. 123 1 where the debtor is bankrupt, his creditors may set off their claims, even if they are not due, against the claims that the adjudicated bankrupt holds against them.2 the exclusion or challenge of set-off in the event of the debtor's bankruptcy is governed by the provisions of debt collection and bankruptcy law.ii. effect of setoff art. 124 1 a set-off takes place only if the debtor notifies the creditor of his intention to exercise his right of set-off.2 once this has occurred, to the extent that they cancel each other out, the claim and countervailing claim are deemed to have been satisfied as of the time they first became susceptible to set-off.3 the special customs relating to commercial current accounts are unaffected.iii. exceptions art. 125 the following obligations may not be discharged by set-off except with the creditor's consent:1. obligations to restore or replace objects that have been deposited, unlawfully removed or retained in bad faith;2. obligations that by their very nature require actual performance to be rendered to the creditor, such as maintenance claims and salary payments that are absolutely necessary for the upkeep of the creditor and his family;3. obligations under public law in favour of the state authorities.iv. waiver art. 126 the debtor may waive his right of set-off in advance.g. prescription i. periods 1. ten years art. 127 all claims prescribe after ten years unless otherwise provided by federal civil law.2. five years art. 128 the following prescribe after five years:1. claims for agricultural and commercial rent and other rent, interest on capital and all other periodic payments;2. claims in connection with delivery of foodstuffs, payments for board and lodging and hotel expenses;3.47 claims in connection with work carried out by tradesmen and craftsmen, purchases of retail goods, medical treatment, professional services provided by advocates, solicitors, legal representatives and notaries, and work performed by employees for their employers.47 amended by no ii art. 1 no 4 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.2a. twenty years art. 128a48 claims for damages or satisfaction arising from an injury or death in breach of contract prescribe three years from the date on which the person suffering damage became aware of the damage, but in any event twenty years after the date on which the harmful conduct took place or ceased.48 inserted by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).3. mandatory prescriptive periods art. 129 the prescriptive periods laid down under this title may not be altered by contract.4. start of prescriptive period a. in general art. 130 1 the prescriptive period commences as soon as the debt is due.2 where a debt falls due on notification, the prescriptive period commences on the first date on which such notice is admissible.b. for periodic obligations art. 131 1 in the case of life annuities and similar periodic obligations, the prescriptive period for the principal claim commences on the date on which the first instalment in arrears was due.2 when the principal claim prescribes, so too do all claims in respect of individual payments.5. computation of prescriptive periods art. 132 1 when computing prescriptive periods, the date on which the prescriptive period commences is not included and the period is not deemed to have expired until the end of its last day.2 in other respects the provisions governing computation of time limits for performance also apply to prescription.ii. effect on accessory claims art. 133 when the principal claim prescribes, so too do all claims for interest and other accessory claims.iii. prevention and suspension of the prescriptive period art. 134 1 the prescriptive period does not commence and, if it has begun, is suspended:1.49 in respect of the claims of children against their parents, until the children reach the age of majority;2.50 in respect of the claim of person lacking capacity of judgement against his or her carer, for the duration of the advance care directive;3. in respect of the claims of spouses against each other, for the duration of the marriage;3bis.51 in respect of the claims of registered partners against each other, for the duration of the registered partnership;4.52 in respect of the claim of an employee against his employer with whom he shares a household, for the duration of the employment relationship;5. for as long as the debtor has the usufruct of the claim;6.53 for as long as the claim cannot be brought before a court for objective reasons;7.54 for claims made by or against a testator, for the duration of the public inventory procedure;8.55 for the duration of settlement talks, mediation proceedings or any other extra-judicial dispute resolution procedure, provided the parties agree thereon in writing.2 the prescriptive period begins or resumes at the end of the day on which the cause of prevention or suspension ceases to apply.3 the specific provisions of debt collection and bankruptcy law are unaffected.49 amended by annex no 1 to the fa of 20 march 2015 (child maintenance), in force since 1 jan. 2017 (as 2015 4299; bbl 2014 529).50 amended by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).51 inserted by annex no 11 to the as 2005 5097; bbl 2004 4955 4965 of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).52 amended by no ii art. 1 no 5 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.53 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).54 inserted by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).55 inserted by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).iv. interruption of prescriptive period 1. grounds for interruption art. 135 the prescriptive period is interrupted:1. if the debtor acknowledges the claim and in particular if he makes interest payments or part payments, gives an item in pledge or provides surety;2.56 by debt enforcement proceedings, an application for conciliation, submission of a statement of claim or defence to a court or arbitral tribunal, or a petition for bankruptcy.56 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).2. effect of interruption on co-obligors art. 13657 1 where the prescriptive period for one person who is jointly and severally liable for a debt or jointly liable for indivisible performance is interrupted, it is likewise interrupted for all other co-obligors, provided the interruption is due to an act by the creditor.2 where the prescriptive period for the principal debtor is interrupted, it is likewise interrupted for the surety, provided the interruption is due to an act by the creditor.3 however, where the prescriptive period for the guarantor is interrupted, it is not interrupted for the principal debtor.4 an interruption effective against an insurer is also effective against the debtor and vice-versa, provided there is a direct claim against the insurer.57 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).3. start of new prescriptive period a. in the event of acknowledgment or judgment art. 137 1 a new prescriptive period commences as of the date of the interruption.2 if the claim has been acknowledged by public deed or confirmed by court judgment, the new prescriptive period is always ten years.b. by action of the creditor art. 138 1 where the prescriptive period has been interrupted by an application for conciliation, or the submission of a statement of claim or defence, a new prescriptive period commences when the dispute is settled before the relevant court.582 where the prescriptive period has been interrupted by debt enforcement proceedings, a new prescriptive period commences as of each step taken in the proceedings.3 where the prescriptive period has been interrupted by a petition for bankruptcy, a new prescriptive period commences as of the time specified by bankruptcy law at which it once again becomes possible to assert the claim.58 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).v. prescription of the right of recourse art. 13959 where two or more debtors are jointly and severally liable, the right of recourse of each debtor who has satisfied the creditor prescribes three years from date on which he satisfies the creditor and is aware of his co-debtors.59 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).vi. prescription of a charge on chattels art. 140 the existence of a charge on chattels does not prevent the prescription of a claim, although the fact of its prescription does not prevent the creditor from asserting his right under the charge.vii. waiver of the prescription defence60 60 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).art. 141 1 the debtor may waive the right to object on the grounds of prescription, in each case for a maximum of ten years from the start of the prescriptive period.611bis the waiver must be made in writing. only the user of general terms and conditions of business may waive the defence of prescription in such terms and conditions.622 a waiver granted by a joint and several debtor does not bind the other joint and several debtors.3 the same applies to co-obligors of an indivisible debt and to the surety in the event of waiver by the principal debtor.4 a waiver granted by a debtor shall bind the debtor's insurers and vice-versa, provided a direct claim exists against the insurer.6361 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).62 inserted by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).63 inserted by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).viii. application art. 142 a court may not apply the prescriptive defence of its own accord.title four: special relationships relating to obligations section one: joint and several obligations a. joint and several debtors i. requirement art. 143 1 debtors become jointly and severally liable for a debt by stating that each of them wishes to be individually liable for performance of the entire obligation.2 without such a statement of intent, debtors are joint and severally liable only in the cases specified by law.ii. relationship between creditor and debtor 1. effect a. liability of the debtors art. 144 1 a creditor may at his discretion request partial performance of the obligation from each joint and several debtor or else full performance from any one of them.2 all the debtors remain under the obligation until the entire claim has been redeemed.b. objections by the debtors art. 145 1 a joint and several debtor may raise against the creditor only those objections that are based either on his personal relationship with the creditor or on the nature of or collective reason for the joint and several obligation.2 each joint and several debtor is liable to the others if he fails to raise the objections which all of them are entitled to raise.c. action taken by individual debtors art. 146 unless otherwise provided, a joint and several debtor must not take any action which might impair the position of his fellows.2. extinction of the joint and several obligation art. 147 1 where one joint and several debtor satisfies the creditor by payment or set-off, the others are discharged to that extent.2 where one joint and several debtor is released from liability without satisfaction of the creditor, such release does not benefit the others save to the extent justified by the circumstances or the nature of the obligation.iii. relationship between joint and several debtors 1. participation art. 148 1 unless the legal relationship between the joint and several debtors indicates otherwise, each of them assumes an equal share of the payment made to the creditor.2 a joint and several debtor who pays more than his fair share has recourse against the others for the excess.3 amounts that cannot be recovered from one joint and several debtor must be borne in equal shares by the others.2. subrogation art. 149 1 a joint and several debtor with right of recourse against his fellow debtors is subrogated to the rights of the creditor to the extent the latter has been satisfied.2 the creditor is liable if he favours the legal position of one joint and several debtor to the detriment of the others.b. joint and several creditors art. 150 1 multiple creditors become joint and several creditors where the debtor states that he wishes to grant each of them the right to receive full performance of the debt and in the cases prescribed by law.2 performance made to one joint and several creditor discharges the debtor as against all of them.3 the debtor may choose which joint and several creditor he makes the payment to, provided none of them has initiated legal proceedings against him.section two: conditional obligations a. condition precedent i. in general art. 151 1 a contract is conditional if its binding nature is made dependent on the occurrence of an event that is not certain to happen.2 the contract takes effect as soon as this condition precedent occurs, unless the parties clearly intended otherwise.ii. before the condition occurs art. 152 1 until such time as the condition precedent occurs, the conditional obligor must refrain from any act which might prevent the due performance of his obligation.2 a conditional obligee whose rights are jeopardised is entitled to apply for the same protective measures as if his claim were unconditional.3 on fulfilment of the condition precedent, dispositions made before it occurred are void to the extent that they impair the effect of the condition precedent.iii. benefits enjoyed in the interim art. 153 1 a creditor into whose possession a promised object has been delivered before the condition precedent occurred may, on fulfilment of the condition precedent, keep any benefits obtained from it in the interim.2 if the condition precedent fails to occur, he is obliged to return such benefits.b. condition subsequent art. 154 1 a contract whose termination is made dependent on the occurrence of an event that is not certain to happen lapses as soon as that condition is fulfilled. 2 as a rule, there is no retroactive effect.c. joint provisions i. fulfilment of the condition art. 155 if the condition consists of an act by one of the parties and that act need not be carried out in person, it may also be carried out by the party's heirs.ii. prevention in bad faith art. 156 a condition is deemed fulfilled where one of the parties has prevented its fulfilment by acting in bad faith.iii. inadmissible conditions art. 157 where a condition is attached with the intention of encouraging an unlawful or immoral act or omission, the conditional claim is void.section three: earnest money, forfeit money, salary deductions and contractual penalties a. earnest and forfeit money art. 158 1 earnest money paid on entering into a contract is deemed a mark of the party's intention to honour the contract rather than a forfeit.2 unless otherwise stipulated by agreement or local custom, the earnest money is retained by the recipient without being deducted from his claim. 3 where a sum of forfeit money has been agreed, the party that paid the sum may withdraw from the contract by relinquishing it and the party that received it by returning twice the amount.b. . art. 15964 64 repealed by no ii art. 6 no 1 of the fa of 25 june 1971, with effect from 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.c. contractual penalty i. rights of the creditor 1. relation between penalty and contractual performance art. 160 1 where a penalty is promised for non-performance or defective performance of a contract, unless otherwise agreed, the creditor may only compel performance or claim the penalty.2 where the penalty is promised for failure to comply with the stipulated time or place of performance, the creditor may claim the penalty in addition to performance provided he has not expressly waived such right or accepted performance without reservation.3 the foregoing does not apply if the debtor can prove that he has the right to withdraw from the contract by paying the penalty.2. relation between penalty and damage art. 161 1 the penalty is payable even if the creditor has not suffered any damage.2 where the damage suffered exceeds the penalty amount, the creditor may claim further compensation only if he can prove that the debtor was at fault.3. forfeiture of part payments art. 162 1 any agreement that part payments are forfeited to the creditor in the event the contract is terminated shall be determined in accordance with the provisions governing contractual penalties.2 .6565 repealed by annex 2 no ii 1 to the fa of 23 march 2001 on consumer credit, with effect from 1 jan. 2003 (as 2002 3846; bbl 1999 iii 3155).ii. amount, nullity and reduction of the penalty art. 163 1 the parties are free to determine the amount of the contractual penalty.2 the penalty may not be claimed where its purpose is to reinforce an unlawful or immoral undertaking or, unless otherwise agreed, where performance has been prevented by circumstances beyond the debtor's control.3 at its discretion, the court may reduce penalties that it considers excessive.title five: assignment of claims and assumption of debt a. assignment of claims i. requirements 1. voluntary assignment a. admissibility art. 164 1 a creditor may assign a claim to which he is entitled to a third party without the debtor's consent unless the assignment is forbidden by law or contract or prevented by the nature of the legal relationship.2 the debtor may not object to the assignment on the grounds that it was excluded by agreement against any third party who acquires the claim in reliance on a written acknowledgement of debt in which there is no mention of any prohibition of assignment.b. form of the contract art. 165 1 an assignment is valid only if done in writing.2 no particular form is required for an undertaking to enter into an assignment agreement.2. assignment by law or court order art. 166 where legal provisions or a court judgment require a claim to be assigned to another person, the assignment is effective towards third parties without need for any particular form or even for a statement of intent by the former creditor.ii. effect of assignment 1. position of the debtor a. payment made in good faith art. 167 where, before the assignment has been brought to his attention by the assignor or the assignee, the debtor makes payment in good faith to his former creditor or, in the case of multiple assignments, to a subsequent assignee who acquired the claim, he is validly released from his obligation.b. refusal of payment and deposit art. 168 1 in the event of dispute as to entitlement, the debtor may refuse payment and discharge his obligation by depositing the payment with the court.2 he makes payment at his own risk if he does so with knowledge of the dispute.3 where legal action is pending and the debt is due, each party may require the debtor to deposit the payment with the court.c. objections raised by the debtor art. 169 1 any objection that could have been made to the assignor's claim may also be made to the assignee if it applied at the time the debtor first learned of the assignment.2 if the debtor held a countervailing claim that was not yet due at that time, he may nonetheless set it off against the assigned claim provided it did not fall due any later than the assigned claim.2. transfer of preferential and accessory rights, documents and evidence art. 170 1 the assignment of a claim includes all preferential and accessory rights except those that are inseparable from the person of the assignor.2 the assignor is bound to surrender to the assignee the legal document pertaining to the debt together with all available evidence thereof and to furnish him with all information necessary to assert the claim.3 arrears of interest are presumed assigned with the main debt.3. warranty a. in general art. 171 1 where assignment is made for valuable consideration, the assignor warrants that the claim exists at the time of assignment.2 however, he does not warrant that the debtor is solvent unless he has undertaken to do so.3 where there is no valuable consideration for the assignment, the assignor does not even warrant that the claim exists.b. in the case of assignment by way of satisfaction art. 172 where a creditor has assigned his claim in payment without fixing the amount at which the claim should be credited, the assignee need credit only the amount that he actually receives from the debtor or would have been able to obtain by exercising all due diligence. c. scope of liability art. 173 1 the assignor is liable under warranty only for the valuable consideration received plus interest and in addition for the costs of the assignment and of any unsuccessful proceedings against the debtor.2 where a claim is assigned by operation of law, the previous creditor warrants neither the existence of the claim nor the solvency of the debtor.iii. special provisions art. 174 where the law envisages special provisions governing the assignment of claims, these are unaffected.b. assumption of debt i. debtor and debt acquirer art. 175 1 a person who promises to answer for the debt of another assumes an obligation to release the debtor from his obligation either by satisfying the creditor or by taking the debtor's place with the consent of the creditor.2 the debtor may not compel performance of the obligation by the party assuming the debt until the debtor has discharged his obligations under the debt assumption contract.3 if the previous debtor is not released from his debt, he may request that the new debtor furnish security.ii. contract between debt acquirer and creditor 1. offer and acceptance art. 176 1 the accession of the debt acquirer to the debt relationship in lieu of and with the release of the previous debtor is effected by means of a contract between the debt acquirer and the creditor.2 an offer to enter into the contract may consist of notification of the creditor that the debt is to be assumed. notification must be made either by the debt acquirer or, on his authority, by the previous debtor.3 the creditor's acceptance may be express or implied by the circumstances and is presumed once the creditor unreservedly takes receipt of a payment from the debt acquirer or consents to some other act performed by him in the capacity of debtor.2. lapse of offer art. 177 1 the creditor may declare his acceptance at any time, but the debt acquirer and the former debtor may set the creditor a time limit for acceptance and where this expires without communication from the creditor, he is deemed to have refused the offer.2 if the creditor agrees some other debt assumption arrangement before the offer has been accepted and the new prospective debt acquirer has also made an offer to the creditor, the party that made the previous offer is no longer bound thereby.iii. effect of change of debtor 1. accessory rights art. 178 1 the rights that are accessory to the debt remain unaffected by the change of debtor save to the extent that they are inseparable from the person of the previous debtor.2 however, pledges and sureties provided by third parties remain in place in favour of the creditor only provided the pledgor or surety has consented to the assumption of the debt.2. objections art. 179 1 any defences arising from the debt relationship are available to the new debtor as they were to the former.2 the new debtor may not invoke the defences personally available to the old debtor against the creditor, unless otherwise provided in the contract with the creditor.3 where the debt acquirer has defences arising against the debtor from the legal relationship underlying the assumption of debt, these may not be invoked against the creditor.iv. failure of debt assumption contract art. 180 1 in the event of the failure of the debt assumption contract, the previous debtor's obligation is revived with all accessory rights, subject to the rights of bona fide third parties.2 the creditor may also claim damages from the would-be debt acquirer for any damage suffered as a result of the loss of security previously obtained or for similar reasons, unless the would-be debt acquirer can prove that he was in no way to blame for the failure of the debt assumption contract or the damage caused to the creditor.v. assignment of assets or a business with assets and liabilities art. 181 1 a person to whom assets or a business with assets and liabilities are assigned automatically becomes liable to the creditors of the debts encumbering such assets or business on notification of the assignment to the creditors by him or by publication in official journals.2 however, the previous debtor remains jointly and severally liable with the new debtor for three years, commencing on the date of notification or publication in the case of claims already due and on the maturity date in the case of claims falling due subsequently.663 in other respects, an assumption of debt of this kind has the same effect as the assumption of an individual debt.4 the takeover by assignment of assets or businesses of commercial enterprises, cooperatives, associations, foundations or sole proprietorships registered in the commercial register is governed by the provisions of the mergers act of 3 october 200367.6866 amended by annex no 2 to the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).67 sr 221.30168 inserted by annex no 2 to the mergers act of 3 oct. 2003 (as 2004 2617; bbl 2000 4337). amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).vi. . art. 18269 69 repealed by annex no 2 to the mergers act of 3 oct. 2003, with effect from 1 july 2004 (as 2004 2617; bbl 2000 4337).vii. in relation to division of estate and land purchase art. 183 the special provisions governing assumption of debt when dividing estates or disposing of pledged immovable property are unaffected.division two: types of contractual relationship title six: sale and exchange section one: general provisions a. rights and obligations of the parties in general art. 184 1 a contract of sale is a contract whereby the seller undertakes to deliver the item sold and transfer ownership of it to the buyer in return for the sale price, which the buyer undertakes to pay to the seller.2 unless otherwise provided by agreement or custom, the seller and the buyer are obliged to discharge their obligations simultaneously quid pro quo.3 the price is deemed sufficiently determined where it can be determined from the circumstances.b. benefits and risks art. 185 1 the benefit and risk of the object pass to the buyer on conclusion of the contract, except where otherwise agreed or dictated by special circumstance.2 where the object sold is defined only in generic terms, the seller must select the particular item to be delivered and, if it is to be shipped, must hand it over for dispatch.3 in a contract subject to a condition precedent, benefit and risk of the object do not pass to the buyer until the condition has been fulfilled.c. reservation of cantonal law art. 186 cantonal law may limit or exclude the right to bring claims in connection with retail sales of alcoholic beverages, including hotel bills.section two: the chattel sale a. object art. 187 1 any sale in which the object is not land, property or a right in rem entered in the land register is a chattel sale.2 where constituent parts of land, such as crops, architectural salvage materials or quarry products, are separated therefrom for transfer to the acquirer, their sale constitutes a chattel sale.b. seller's obligations i. transfer 1. transfer costs art. 188 unless otherwise provided by agreement or custom, the seller bears the costs of transfer and in particular those of measuring and weighing, while the buyer bears those of documentation and receipt.2. transport costs art. 189 1 unless otherwise provided by agreement or custom, if the object sold must be transported to a place other than the place of performance, the buyer bears the costs of such transport.2 the seller is presumed to have borne the transport costs where free delivery has been agreed.3 where delivery free of shipping costs and duties has been agreed, the seller is deemed to have assumed the export, transit and import duties payable during transport but not the consumer tax levied on receipt of the object.3. delivery default a. withdrawal from commercial transactions art. 190 1 where in commercial transactions the contract specifies a time limit for delivery and the seller is in default, the presumption is that the buyer will forego delivery and claim damages for non-performance.2 however, if the buyer prefers to demand delivery, he must inform the seller without delay on expiry of the time limit.b. liability for and computation of damages art. 191 1 a seller who fails to discharge his contractual obligation is liable for the resultant damage to the buyer. 2 the buyer in a commercial transaction is entitled to compensation of the difference between the sale price and the price he has paid in good faith to replace the object that was not delivered to him.3 in the case of goods with a market or stock exchange price, the buyer need not buy the replacement object but is entitled to claim as damages the difference between the contractual sale price and the market price at the time of performance.ii. warranty of title 1. warranty obligation art. 192 1 the seller is obliged to transfer the purchased goods to the buyer free from any rights enforceable by third parties against the buyer that already exist at the time the contract is concluded.2 where on conclusion of the contract the buyer was aware of the existence of such rights, the seller is not bound unless by any express warranty given.3 any agreement to exclude or limit the warranty obligation is void if the seller has intentionally omitted to mention the right of a third party.2. procedure a. third-party notice art. 19370 1 the requirements for and effects of the third-party notice are governed by the cpc71.2 in the event of failure to serve the third-party notice for reasons not attributable to the seller, he is released from his warranty obligation to the extent that he can prove that the outcome would have been more favourable had the third-party notice been served promptly.70 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).71 sr 272b. surrender of object without court decision art. 194 1 the seller remains subject to the warranty obligation even if the buyer has in good faith acknowledged the right of a third party without waiting for a court decision or if he has agreed to submit to arbitration, provided that the seller was warned of the arbitration proceedings in good time but declined an invitation to engage therein.2 the same applies if the buyer proves that he was compelled to surrender the object.3. rights of the buyer a. full dispossession art. 195 1 in the case of full dispossession, the contract of sale is deemed terminated and the buyer has the right to claim:1. restitution of the price paid, with interest, less the value of any fruits the buyer has obtained or neglected to obtain from the object and other benefits derived therefrom;2. reimbursement of his expenditures on the object, to the extent this cannot be obtained from the third party with the superior right;3. reimbursement of all judicial and extra-judicial costs arising from the proceedings, apart from those he would have avoided by serving third-party notice on the seller;4. compensation for all other damage directly caused by the dispossession.2 the seller is also obliged to make good any further loss suffered by the buyer unless the seller can prove that he is not at fault.b. partial dispossession art. 196 1 where the buyer is dispossessed of only part of the purchased object or it is encumbered with a charge in rem for which the seller is guarantor, the buyer may not seek termination of the contract of sale but may only claim damages for being thus dispossessed.2 however, where in the circumstances there is cause to presume that he would not have entered into the contract if he had foreseen such a partial dispossession, he has the right to request its termination.3 in this case, he must return to the seller that part of the item of which he has not been dispossessed together with the benefits he obtained from it in the interim.c. objects of cultural heritage art. 196a72 in the case of objects of cultural heritage within the meaning of article 2 paragraph 1 of the cultural property transfer act of 20 june 200373, actions for breach of warranty of title prescribe one year after the buyer discovered the defect of title but in any event 30 years after the contract was concluded.72 inserted by art. 32 no 2 of the cultural property transfer act of 20 june 2003, in force since 1 june 2005 (as 2005 1869; bbl 2002 535).73 sr 444.1iii. warranty of quality and fitness 1. object of the warranty a. in general art. 197 1the seller is liable to the buyer for any breach of warranty of quality and for any defects that would materially or legally negate or substantially reduce the value of the object or its fitness for the designated purpose.2 he is liable even if he was not aware of the defects.b. in livestock trading art. 198 there is no warranty obligation in sales of livestock (horses, donkeys, mules, cattle, sheep, goats or pigs) unless the seller has given express warranty in writing to the buyer or has intentionally misled the buyer.2. exclusion of warranty art. 199 any agreement to exclude or limit the warranty obligation is void if the seller has fraudulently concealed the failure to comply with warranty from the buyer.3. defects known to the buyer art. 200 1 the seller is not liable for defects known to the buyer at the time of purchase.2 he is not liable for defects that any normally attentive buyer should have discovered unless he assured the buyer that they do not exist.4. notice of defects a. in general art. 201 1 the buyer must inspect the condition of the purchased object as soon as feasible in the normal course of business and, if he discovers defects for which the seller is liable under warranty, must notify him without delay.2 should he fail to do so, the purchased object is deemed accepted except in the case of defects that would not be revealed by the customary inspection.3 where such defects come to light subsequently, the seller must be notified immediately, failing which the object will be deemed accepted even in respect of such defects.b. in livestock trading art. 202 1 where in a sale of livestock a written assurance includes no time limit and does not warrant that an animal is pregnant, the seller is not liable to the buyer unless a defect is discovered and notified within nine days of delivery or of the notice of default in taking delivery and an application is made to the competent authority within the same time limit to have the animal examined by experts.2 the court evaluates the experts' report at its discretion.3 in other respects the procedure is governed by regulations enacted by the federal council.5. intentional deceit art. 203 where the seller has wilfully misled the buyer, liability for breach of warranty is not limited by any failure on the buyer's part to give prompt notice of defects.6. remote sale and purchase art. 204 1 a buyer who complains that an object sent from another place is defective is obliged to place it in temporary storage, provided the seller has no representative in the place in which it was received, and cannot simply return it to the seller.2 the buyer is obliged to have the condition of the object duly and promptly witnessed, failing which he will bear the burden of proving that the alleged defects already existed when he took receipt of the object.3 where there is a risk that the object will rapidly deteriorate, the buyer has the right and, should the interests of the seller so require, the obligation to arrange its sale with the assistance of the competent authority of the place where the object is located, but must notify the seller of such sale as soon as possible to avoid rendering himself liable in damages.7. types of action a. rescission or reduction art. 205 1 in claims for breach of warranty of quality and fitness, the buyer may sue either to rescind the contract of sale for breach of warranty or to have the sale price reduced by way of compensation for the decrease in the object's value.2 even where the buyer has brought action for rescission the court is free to order a reduction in the price of the object if it does not consider rescission justified by the circumstances.3 if the decrease in the object's value is equal to the sale price, the buyer may only sue for rescission.b. substitute performance art. 206 1 where the contract of sale is for delivery of a specified quantity of fungibles, the buyer may choose to bring action either for rescission or for a reduction in the sale price or to request other acceptable goods of the same kind.2 where the purchased objects have not been sent from another place, the seller may discharge his obligation to the buyer by immediately delivering acceptable items of the same kind and making good any damage the buyer has suffered.c. rescission when the object is destroyed art. 207 1 action for rescission of the contract of sale may be brought if the object has been destroyed as a result of its defects or by accident.2 in such cases the buyer must return only that which remains of the object.3 if the object is destroyed through the fault of the buyer or has been sold on or transformed by him, his only claim is for compensation for the decrease in value.8. rescission of the contract of sale a. in general art. 208 1 in the event of rescission of the contract of sale the buyer must return the object to the seller together with any benefits derived from it in the interim.2 the seller must reimburse to the buyer the sale price paid together with interest and, in accordance with the provisions governing full dispossession, compensation for litigation costs, expenses and the damage incurred by the buyer as a result of the delivery of defective goods.3 the seller is obliged to compensate the buyer for any further damage unless he can prove that no fault is attributable to him.b. for sales of batches or sets of objects art. 209 1 where the sale involves a batch or set of objects of which only some are defective, action for rescission may be brought only in respect of the defective items.2 however, where the defective items cannot be separated from the unflawed items without substantial prejudice to the buyer or the seller, rescission of the contract of sale must extend to the entire batch or set.3 rescission in respect of the main sale object necessarily involves rescission in respect of all accessory objects even if they are priced separately, whereas rescission in respect of accessory objects does not extend to the main object.9. prescription art. 21074 1 an action for breach of warranty of quality and fitness prescribes two years after delivery of the object to the buyer, even if he does not discover the defects until later, unless the seller has assumed liability under warranty for a longer period.2 the period amounts to five years where defects in an object that has been incorporated in an immovable work in a manner consistent with its nature and purpose have caused the work to be defective.3 in the case of cultural property within the meaning of article 2 paragraph 1 of the cultural property transfer act of 20 june 200375, actions for breach of warranty of quality and fitness prescribe one year after the buyer discovered the defect but in any event 30 years after the contract was concluded.4 an agreement to reduce the prescriptive period is null and void if:a. the prescriptive period is reduced to less than two years, or less than one year in the case of second-hand goods;b. the object is intended to be used by the buyer or his or her family; andc. the seller is acting in the course of his or her professional or commercial activities.5 the defence of defective goods remains available to the buyer provided he has notified the seller within the prescriptive period.6 the seller may not invoke the prescriptive period if it is proved that he wilfully misled the buyer. the foregoing does not apply to the 30-year period under paragraph 3.74 amended by no i of the fa of 16 march 2012 (prescription of guarantee claims. extension and coordination), in force since 1 jan. 2013 (as 2012 5415; bbl 2011 2889 3903).75 sr 444.1c. obligations of the buyer i. payment of the sale price and acceptance of the object art. 211 1 the buyer has an obligation to pay the price in accordance with the terms of the contract and to accept the sale object provided it is offered to him by the seller as contractually agreed.2 unless otherwise provided by agreement or custom, such acceptance must take place immediately.ii. fixing the price art. 212 1 where the buyer places a firm order without indicating the sale price, the price is presumed to be the average current market price at the place of performance.2 where the price is based on the weight of the goods, the weight of the packaging (tare) is deducted.3 the foregoing does not apply to special commercial customs whereby the gross weight of certain resale merchandise is reduced by a set amount or percentage or the price is based on the gross weight including packaging.iii. time when price falls due, interest art. 213 1 the price falls due as soon as the property passes into the buyer's possession, unless some other juncture is agreed.2 regardless of the provision governing default on expiry of a specified time limit, interest accrues on the sale price even if no reminder is issued where such practice is customary or the buyer may derive fruits or other benefits from the purchased object.iv. buyer in default 1. seller's right of withdrawal art. 214 1 where the property is to be delivered against advance payment of the price in full or in instalments and the buyer is in default on such payment, the seller is entitled to withdraw from the contract without further formality.2 however, if he intends to exercise this right he must notify the buyer immediately.3 where the purchased object has passed into the buyer's possession prior to payment, the seller may withdraw from the contract on the grounds that the buyer is in default and demand the return of the object only if he has expressly reserved the right to do so.2. liability for and computation of damages art. 215 1 where the buyer in a commercial transaction fails to discharge his payment obligation, the seller is entitled to compensation for the difference between the sale price and the price at which he has subsequently sold the object in good faith.2 in the case of goods with a market or stock exchange price, the seller is entitled to claim as damages the difference between the contractual sale price and the market price at the time of performance without needing to sell the object on.section three: sale of immovable property a. formal requirements art. 216 1 a contract for the sale of immovable property is valid only if done as a public deed.2 a preliminary contract and an agreement conferring a right of pre-emption, purchase or repurchase in relation to immovable property is valid only if done as a public deed.763 an agreement conferring a right of pre-emption without fixing a price is valid if done in writing.7776 amended by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).77 amended by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).abis. duration and priority notice art. 216a78 rights of pre-emption or repurchase may be agreed for a maximum duration of 25 years and rights of purchase for a maximum of 10 years, and they may be entered under priority notice in the land register.78 inserted by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).ater. inheritance and assignment art. 216b79 1 unless otherwise agreed, contractual rights of pre-emption, purchase and repurchase may be inherited but not assigned.2 where assignment is permitted by contractual agreement, it is subject to the same formal requirements as apply to the establishment of the right.79 inserted by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).aquater. rights of pre-emption i. pre-emption events art. 216c80 1 a right of pre-emption may be exercised on the sale of the immovable property or any other legal transaction economically equivalent to a sale (pre-emption event).2 in particular, the following are not pre-emption events: allocation to an heir in the division of an estate, forced sale, or acquisition in performance of public duties.80 inserted by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).ii. effect of pre-emption, conditions art. 216d81 1 the seller must inform persons with a right of pre-emption of the conclusion and content of any contract of sale entered into.2 where the contract of sale is terminated after the right of pre-emption has been exercised or if necessary permission is refused for reasons pertaining to the person of the buyer, such termination or refusal has no effect on the person to whom the right of pre-emption accrues.3 unless the pre-emption agreement provides otherwise, the person with the right of pre-emption may purchase the property on the conditions agreed by the seller with the third party.81 inserted by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).iii. exercise, forfeiture art. 216e82 a person wishing to exercise his right of pre-emption must give notice of his intention within three months to the seller or, if it is entered in the land register, to the owner. this time limit commences on the day on which the person with the right of pre-emption became aware of the conclusion and content of the contract of sale.82 inserted by no ii of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1993 1404; bbl 1988 iii 889).b. conditional purchase and reservation of ownership art. 217 1 conditional purchases of immovable property are not entered in the land register until the condition has been fulfilled.2 a reservation of ownership may not be entered in the land register.c. agricultural properties art. 21883 the federal act of 4 october 199184 on rural land rights applies to the sale of agricultural properties.83 amended by art. 92 no 2 of the fa of 4 oct. 1991 on rural land rights, in force since 1 jan. 1994 (as 1993 1410; bbl 1988 iii 953).84 sr 211.412.11d. warranty art. 219 1 unless otherwise agreed, the seller of a property must compensate the buyer if it is not of the size indicated in the contract of sale.2 where the property is not of the size entered in the land register based on an official survey, the seller must compensate the buyer only where he gave express warranty to that effect.3 the warranty obligation in respect of defects in a building prescribes five years after ownership is acquired.e. benefits and risks art. 220 where the agreement stipulates a date on which the buyer is to take possession of the property, the presumption is that the associated benefits and risks do not pass to the buyer until that date.f. reference to chattel sale art. 221 in other respects the provisions governing chattel sale apply mutatis mutandis to the sale and purchase of land.section four: special types of sale a. sale by sample art. 222 1 in a sale by sample, the person to whom the sample was entrusted is not obliged to prove that the sample he presented is identical with the one received; his personal assurance to the court is sufficient, even where the sample presented has altered in form since delivery, provided that such alteration was a necessary consequence of the examination made of the sample.2 in any event the other party is entitled to prove that the sample is not the same one.3 if the sample has been spoiled or been destroyed while in the possession of the buyer, even if he was not at fault, the onus is not on the seller to prove that the object conforms with the sample, but on the buyer to prove the contrary.b. sale on approval or inspection i. effect art. 223 1 in a sale on approval or inspection, the buyer is free to accept or refuse the object.2 until it is accepted, the seller remains its owner even if it has passed into the buyer's possession.ii. inspection on the seller's premises art. 224 1 where the object is to be inspected on the premises of the seller, he is released from his obligation if the buyer fails to accept the object within the agreed or customary time limit.2 in the absence of any such time limit the seller may, after an appropriate interval, call on the buyer to declare whether he accepts the object, and the seller is released from his obligation if the buyer fails to make such declaration immediately on request.iii. inspection on the buyer's premises art. 225 1 where the object has been delivered to the buyer prior to inspection, the sale is deemed to have been approved if the buyer neither declares that he rejects the object nor returns it within the agreed or customary time limit or, in the absence of any such time limit, immediately on demand by the seller. 2 the sale is similarly treated as completed, if the buyer pays the whole or part of the price without reservation or if he deals with the property otherwise than was necessary for its inspection.art. 22685 85 repealed by no i of the fa of 23 march 1962, with effect from 1 jan. 1963 (as 1962 1047; bbl 1960 i 523).c. . art. 226a-226d86 86 inserted by no i of the fa of 23 march 1962 (as 1962 1047; bbl 1960 i 523). repealed by annex 2 no ii 1 to the fa of 23 march 2001 on consumer credit, with effect from 1 jan. 2003 (as 2002 3846; bbl 1999 iii 3155).art. 226e87 87 inserted by no i of the fa of 23 march 1962 (as 1962 1047; bbl 1960 i 523). repealed by no i of the fa of 14 dec. 1990, with effect from 1 july 1991 (as 1991 974; bbl 1989 iii 1233, 1990 i 120).art. 226f-226k88 88 inserted by no i of the fa of 23 march 1962 (as 1962 1047; bbl 1960 i 523). repealed by annex 2 no ii 1 to the fa of 23 march 2001 on consumer credit, with effect from 1 jan. 2003 (as 2002 3846; bbl 1999 iii 3155).art. 226l89 89 inserted by no i of the fa of 23 march 1962 (as 1962 1047; bbl 1960 i 523). repealed by annex no 5 to the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).art. 226m90 90 inserted by no i of the fa of 23 march 1962 (as 1962 1047; bbl 1960 i 523). repealed by annex 2 no ii 1 to the fa of 23 march 2001 on consumer credit, with effect from 1 jan. 2003 (as 2002 3846; bbl 1999 iii 3155).art. 22791 91 repealed by no i of the fa of 23 march 1962, with effect from 1 jan. 1963 (as 1962 1047; bbl 1960 i 523).art. 227a-227i92 92 inserted by no i of the fa of 23 march 1962 (as 1962 1047; bbl 1960 i 523). repealed by no i of the fa of 13 dec. 2013 (repeal of the provisions on advance payment agreements), with effect from 1 july 2014 (as 2014 869; bbl 2013 4631 5793).art. 22893 93 repealed by no i of the fa of 13 dec. 2013 (repeal of the provisions on advance payment agreements), with effect from 1 july 2014 (as 2014 869; bbl 2013 4631 5793).d. auctions i. conclusion of the purchase art. 229 1 at a compulsory auction, a contract of sale is concluded when the official auctioneer knocks the object down to the highest bidder.2 in the case of a voluntary auction that has been publicly announced and is open to all bidders, a contract of sale is concluded when the seller accepts the bid of the highest bidder.3 unless the seller has expressed some other intention, the auctioneer is deemed to have the authority to knock the object down to the highest bidder.ii. avoidance art. 230 1 any interested party may within ten days bring a claim for avoidance in respect of an auction whose outcome has been influenced by unlawful or immoral means.2 in the case of a compulsory auction, the avoidance claim must be brought before the supervisory authority, and in all other cases before the court.iii. binding nature of bids at auction 1. in general art. 231 1 a bidder is bound by his offer according to the auction terms and conditions.2 unless these provide otherwise, he is released from his obligation if a higher bid is made or if his own bid is not accepted immediately after the usual call has been made.2. immovable property art. 232 1 in the case immovable property, the highest bid must be accepted or refused at the auction itself.2 any condition whereby the bidder is bound to maintain his bid after the auction is void, other than in the case of compulsory auctions or sales of land or buildings that require official approval.iv. cash payment art. 233 1 the successful bidder must pay in cash unless the auction terms and conditions provide otherwise.2 the seller may immediately withdraw from the transaction if payment is not tendered in cash or in accordance with the auction terms and conditions.v. warranty art. 234 1 sale at compulsory auction is without warranty, apart from special assurances given or where the bidders are intentionally deceived.2 the successful bidder acquires the object in the condition and with the attendant rights and encumbrances indicated in the public registers or the lot description and/or those that exist by operation of law.3 in sales at voluntary public auction, the seller has the same liability as in any other sale, but in the lot description he may disclaim any warranty obligation with the exception of liability for intentional deceit.vi. transfer of ownership art. 235 1 the successful bidder for a chattel acquires title to it as soon as it is knocked down to him, whereas ownership of immovable property is not transferred until the entry is made in the land register.2 the official auctioneers immediately notify the land registry of the sale at auction by reference to the formal auction record.3 the provisions governing acquisition of ownership at compulsory auction are reserved.vii. cantonal provisions art. 236 the cantons may enact other provisions governing sale at public auction within the bounds of federal law.section five: the contract of exchange a. reference to provisions governing purchase art. 237 the rules governing contracts of sale also apply to contracts of exchange in the sense that each party to the exchange is treated as seller in respect of the object promised by him and as buyer in respect of the object promised to him.b. warranty art. 238 a party to the exchange who is dispossessed of the object received or has returned it as defective may either claim for damages or for the return of the object that he delivered.title seven: gifts a. definition art. 239 1 a gift is any inter vivos disposition in which a person uses his assets to enrich another without receiving an equivalent consideration.2 waiving a right before having acquired it or renouncing an inheritance does not constitute a gift.3 the performance of a moral duty is not considered to be a gift.b. personal capacity i. of the donor art. 240 1 a person with capacity to act may make gifts of his assets within the bounds imposed by matrimonial property law and inheritance law.2 the assets of a person who lacks capacity to act may be used only to make customary occasional gifts. the liability of the legal representative is reserved.943 .9594 amended by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).95 repealed by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), with effect from 1 jan. 2013 (as 2011 725; bbl 2006 7001).ii. of the recipient art. 241 1 a person who lacks capacity to act may accept and legally acquire title to a gift provided he has capacity to consent.2 however, the gift is not acquired or is annulled where his legal representative forbids him to accept it or instructs him to return it.c. establishing the gift i. from hand to hand art. 242 1 a gift from hand to hand is made when the donor presents the object to the recipient.2 gifts of title or rights in rem to immovable property are not effective until an entry is made in the land register.3 the entry presupposes a valid promise to give.ii. promise of a gift art. 243 1 the promise of a gift is valid only if done in writing.2 a promise to give title or rights in rem to immovable property is valid only if done as a public deed.3 on fulfilment of the promise to give, the relationship is treated as a gift from hand to hand.iii. effect of acceptance art. 244 a person who bestows an object on another person by way of a gift may reverse the bestowal at any time before the recipient has accepted it, even where he has effectively separated it from his assets.d. conditions and provisos i. in general art. 245 1 conditions or provisos may be attached to a gift.2 a gift whose occurrence is made contingent on the donor's death is subject to the provisions governing testamentary dispositions.ii. fulfilment of provisos art. 246 1 the donor may bring action for fulfilment of a proviso that has been accepted by the recipient.2 where fulfilment of the proviso is in the public interest, the competent authority may compel fulfilment after the death of the donor.3 the recipient may refuse to fulfil the proviso if the value of the gift does not cover the expenses occasioned by the proviso and he is not reimbursed for the shortfall.iii. reversion clause art. 247 1 the donor may provide that the object given shall revert to him in the event that the recipient dies before he does. 2 a reversionary right attached to a gift of title or rights in rem to immovable property may be entered under priority notice in the land register.e. liability of the donor art. 248 1 the donor is liable for damage caused by the gift to the recipient only in the event of wilful injury or gross negligence.2 he need give only such warranty as he has promised in respect of the object given or the claim assigned.f. annulment of gifts i. claim for return of gift art. 249 where a gift has been made from hand to hand or a promise to give has been fulfilled, the donor may revoke the gift and claim return of the object given, provided the recipient is still enriched thereby:1.96 if the recipient has committed a serious criminal offence against the donor or a person close to him;2. if the recipient has grossly neglected his duties under family law towards the donor or any of the latter's dependants;3. if the recipient has failed without good cause to fulfil the provisos attached to the gift. 96 amended by annex no 2 to the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).ii. revocation and invalidation of a promise to give art. 250 1 the donor who has made a promise to give may revoke the promise and refuse to fulfil it:1. on the same grounds as justify a claim for return of the object given in the case of a gift from hand to hand;2. where since the promise was made the donor's financial situation has altered to such an extent that making the gift would cause serious hardship;3. where since the promise was made the donor has acquired duties under family law that previously did not exist or were significantly less onerous.2 all promises to give are annulled when a certificate of loss is issued against the donor or he is declared bankrupt.iii. prescription and heirs' right of action art. 251 1 revocation may take place at any time in the year commencing on the day on which the grounds for revocation came to the donor's attention.2 if the donor dies before the end of this one-year period, his right of action passes to his heirs for the remainder of the period.3 the donor's heirs may revoke the gift if the recipient wilfully and unlawfully caused the donor's death or prevented him from exercising his right of revocation.iv. death of the donor art. 252 unless otherwise provided, where the donor has undertaken to make periodic payments or performance, his obligation is extinguished on his death.title eight:97 the lease 97 amended by no i of the fa of 15 dec. 1989, in force since 1 july 1990 (as 1990 802; bbl 1985 i 1369). see also the financial provisions of titles viii and viiibis art. 5, at the end of this code.section one: general provisions a. definition and scope of application i. definition art. 253 leases are contracts in which a landlord or lessor grants a tenant or lessee the use of an object in exchange for rent.ii. scope of application 1. residential and commercial premises art. 253a 1 the provisions governing the leasing of residential and commercial premises are also applicable to objects on such premises of which the tenant has use.2 they are not applicable to holiday homes hired for three months or less.3 the federal council issues the provisions for implementation.2. provisions on protection against unfair rents art. 253b 1 the provisions governing protection against unfair rents (art. 269 et seq.) apply mutatis mutandis to non-agricultural leases and to other contracts whose essential purpose is to regulate the transfer of the use of residential or commercial premises against valuable consideration.2 they do not apply to the lease of luxury apartments and single-occupancy residential units with six or more bedrooms and reception rooms (not including the kitchen).3 the provisions governing challenges to unfair rents do not apply to residential premises made available with public sector support for which rent levels are set by a public authority.b. tie-in transactions art. 254 a tie-in transaction linked to a lease of residential or commercial premises is void where the conclusion or continuation of the lease is made conditional on such transaction and, under its terms, the tenant assumes an obligation towards the landlord or a third party which is not directly connected with the use of the leased premises.c. duration art. 255 1 leases may be concluded for a limited or indefinite duration.2 where the intention is that they should end without notice on expiry of the agreed duration, they have a limited duration.3 other leases are deemed to be of indefinite duration.d. obligations of the landlord i. in general art. 256 1 the landlord or lessor is required to make the object available on the agreed date in a condition fit for its designated use and to maintain it in that condition.2 clauses to the contrary to the detriment of the tenant or lessee are void if they are set out:a. in previously formulated general terms and conditions;b. in leases for residential or commercial premises.ii. duty of disclosure art. 256a 1 if a report was drawn up on the return of the object at the end of the previous lease, the landlord or lessor must on request make this document available for perusal by the new tenant or lessee when the object is handed over to him.2 similarly, the new tenant or lessee has the right to be informed of the amount of rent paid under the previous lease.iii. charges and taxes art. 256b the landlord or lessor bears all taxes and charges in connection with the leased object.e. obligations of the tenant or lessee i. payment of rent and accessory charges 1. rent art. 257 the rent is the consideration owed by the tenant or lessee to the landlord or lessor for the transfer of the use of the object.2. accessory charges a. in general art. 257a 1 accessory charges are the consideration due for services provided by the landlord or lessor or a third party in connection with the use of the property.2 they are payable by the tenant or lessee only where this has been specifically agreed with the landlord or lessor.b. residential and commercial premises art. 257b 1 accessory charges for residential and commercial premises are the actual outlays made by the landlord for services connected with the use of the property, such as heating, hot water and other operating costs, as well as public taxes arising from the use of the property.2 the landlord must allow the tenant on his request to inspect the documentation for such outlays.3. payment deadlines art. 257c the tenant or lessee must pay the rent and, where applicable, the accessory charges at the end of each month and at the latest on expiry of the lease, unless otherwise agreed or required by local custom.4. tenant in arrears art. 257d 1 where, having accepted the property, the tenant or lessee is in arrears with payments of rent or accessory charges, the landlord or lessor may set a time limit for payment and notify him that in the event of non-payment the landlord or lessor will terminate the lease on expiry of that time limit. the minimum time limit is ten days, and 30 days for leases of residential or commercial premises.2 in the event of non-payment within the time limit the landlord or lessor may terminate the contract with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days' notice ending on the last day of a calendar month.ii. security furnished by the tenant art. 257e 1 where the tenant of residential or commercial premises furnishes security in the form of cash or negotiable securities, the landlord must deposit it in a bank savings or deposit account in the tenant's name.2 in residential leases, the landlord is not entitled to ask for more than three months' rent by way of security.3 the bank may release such security only with the consent of both parties or in compliance with a final payment order or final decision of the court. on expiry of one year following the end of the lease, the tenant or lessee may request that the security be returned to him by the bank if no claim has been brought against him by the landlord or lessor.4 the cantons may enact further provisions.iii. care and consideration art. 257f 1 the tenant or lessee must use the object with all due care.2 where the lease relates to immovable property, the tenant must show due consideration for others who share the building and for neighbours.3 if, despite written warning from the landlord or lessor, the tenant or lessee continues to act in breach of his duty of care and consideration such that continuation of the lease becomes unconscionable for the landlord or lessor or other persons sharing the building, the landlord or lessor may terminate the contract with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days' notice ending on the last day of a calendar month.4 however, leases of residential and commercial premises may be terminated with immediate effect if the tenant intentionally causes serious damage to the property.iv. duty of notification art. 257g 1 on learning of defects which he himself is not obliged to remedy, the tenant or lessee must inform the landlord or lessor.2 failure to notify renders the tenant or lessee liable for any damage incurred by the landlord or lessor as a result.v. duty of tolerance art. 257h 1 the tenant or lessee must tolerate works intended to remedy defects in the object or to repair or prevent damage.2 the tenant or lessee must permit the landlord or lessor to inspect the object to the extent required for maintenance, sale or future leasing.3 the landlord or lessor must inform the tenant or lessee of works and inspections in good time and take all due account of the latter's interests when they are carried out; all claims of the tenant or lessee for reduction of the rent (art. 259d) and for damages (art. 259e) are reserved.f. non-performance or defective performance when object handed over art. 258 1 where the landlord or lessor fails to hand over the property on the agreed date or hands it over with defects rendering it wholly or partly unfit for its designated use, the tenant or lessee may sue for non-performance of contractual obligations pursuant to articles 107-109 above.2 where the tenant or lessee accepts the object despite such defects but insists that the contract be duly performed, he may make only such claims as would have accrued to him had the defects arisen during the lease (art. 259a-259i).3 the tenant or lessee may bring the claims pursuant to articles 259a-259i below even if, when handed over to him, the object has defects:a. which render the object less fit for its designated use, albeit not substantially so;b. which the tenant or lessee would have to remedy at his own expense during the lease (art. 259).g. defects during the contract i. obligation of tenant to carry out minor cleaning and repairs art. 259 the tenant or lessee must remedy defects which can be dealt with by minor cleaning or repairs as part of regular maintenance and, depending on local custom, must do so at his own expense.ii. rights of the tenant 1. in general art. 259a 1 where defects arise in the object which are not attributable to the tenant or lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually agreed, he may require that the landlord or lessor:a. repair the object;b. reduce the rent proportionately;c. pay damages;d. assume responsibility for litigation against a third party.2 in addition, a tenant of immovable property may pay rent on deposit rather than to the landlord.2. remedy of defects a. general principle art. 259b where the landlord is aware of a defect and fails to remedy it within a reasonable time, the tenant may:a. terminate the contract with immediate effect if the defect renders the leased property unfit or significantly less fit for its designated use or renders a chattel less fit for purpose;b. arrange for the defect to be remedied at the landlord's or lessor's expense if it renders the object less fit for its designated use, albeit not substantially so.b. exception art. 259c the tenant or lessee is not entitled to rectification of the defect where the landlord or lessor provides full compensation for the defective object within a reasonable time.3. reduction of rent art. 259d where the object is rendered unfit or less fit for its designated use, the tenant or lessee may require the landlord or lessor to reduce the rent proportionately from the time when the landlord or lessor became aware of the defect until the defect is remedied.4. damages art. 259e where the defect has caused damage to the tenant or lessee, the landlord or lessor is liable in damages unless he can prove that he was not at fault.5. assumption of litigation art. 259f where a third party claims a right over the object that is incompatible with the rights of the tenant or lessee, on notification by the latter the landlord or lessor is obliged to assume responsibility for the litigation.6. deposit of rent a. general principle art. 259g 1 a tenant of immovable property requesting that a defect be remedied must, in writing, set the landlord a reasonable time limit within which to comply with such request and may warn him that, in the event of failure to comply, on expiry of the time limit the tenant will deposit his future rent payments with an office designated by the canton. he must notify the landlord in writing of his intention to pay rent on deposit.2 rent paid on deposit is deemed duly paid.b. release of deposited rent art. 259h 1 the landlord becomes entitled to the rent paid on deposit if the tenant or lessee does not bring claims against him before the conciliation authority within 30 days of the due date for the first rent payment paid into deposit.2 on being notified by the tenant that he intends to pay rent on deposit as it falls due, the landlord may apply to the conciliation authority for release of rent unjustly paid on deposit.c. procedure art. 259i98 the procedure is governed by the cpo99.98 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).99 sr 272h. renovations and modifications i. by the landlord art. 260 1 the landlord or lessor may renovate or modify the object only where conscionable for the tenant or lessee and the lease has not been terminated.2 in carrying out such works, the landlord or lessor must give due consideration to the tenant or lessee's interests; all claims of the tenant or lessee for reduction of the rent (art. 259d) and for damages (art. 259e) are reserved. ii. by the tenant art. 260a 1 the tenant or lessee may renovate or modify the object only with the written consent of the landlord or lessor.2 once such consent has been given, the landlord or lessor may require the restoration of the object to its previous condition only if this has been agreed in writing.3 where at the end of the lease the object has appreciated significantly in value as a result of renovations or modifications to which the landlord or lessor consented, the tenant or lessee may claim appropriate compensation for such appreciation, subject to any written agreements providing for higher levels of compensation.j. change of ownership i. alienation of the object art. 261 1 where after concluding the contract the landlord alienates the object or is dispossessed of it in debt collection or bankruptcy proceedings, the lease passes to the acquirer together with ownership of the object.2 however, the new owner may:a. serve notice to terminate a lease on residential or commercial premises as of the next legally admissible termination date if he claims an urgent need of such premises for himself, his close relatives or in-laws;b. serve notice to terminate a rental agreement in respect of other objects as of the next legally admissible termination date unless the contract allows for earlier termination.3 if the new owner terminates sooner than is permitted under the contract with the existing landlord or lessor, the latter is liable for all resultant losses.4 the provisions governing compulsory purchase are unaffected.ii. conferral of limited rights in rem art. 261a where the landlord or lessor grants a third party a limited right in rem and this is tantamount to a change of ownership, the provisions governing alienation of the object are applicable mutatis mutandis.iii. entry under priority notice in the land register art. 261b 1 the parties to a lease may agree to have it entered under priority notice in the land register.2 the effect of such entry is that every future owner must allow the property to be used in accordance with the lease.k. sub-letting art. 262 1 a tenant may sub-let all or part of the property with the landlord's consent.2 the landlord may refuse his consent only if:a. the tenant refuses to inform him of the terms of the sub-lease;b. the terms and conditions of the sub-lease are unfair in comparison with those of the principal lease;c. the sub-letting gives rise to major disadvantages for the landlord.3 the tenant is liable to the landlord for ensuring that the sub-tenant uses the property only in the manner permitted to the tenant himself. to this end the landlord may issue reminders directly to the sub-tenant.l. transfer of lease to a third party art. 263 1 the tenant of commercial premises may transfer his lease to a third party with the landlord's written consent.2 the landlord may withhold consent only for good cause.3 once the landlord gives his consent, the third party is subrogated to the rights and obligations of the tenant under the lease.4 the tenant is released from his obligations towards the landlord. however, he remains jointly and severally liable with the third party until such time as the lease ends or may be terminated under the contract or by law, but in any event for no more than two years.m. early return of the object art. 264 1 where the tenant or lessee returns the object without observing the notice period or the deadline for termination, he is released from his obligations towards the landlord or lessor only if he proposes a new tenant or lessee who is acceptable to the landlord or lessor, solvent and willing to take on the lease or rental agreement under the same terms and conditions.2 otherwise, the tenant or lessee must continue to pay the rent until such time as the lease ends or may be terminated under the contract or by law.3 against the rent owing to him, the landlord or lessor must permit account to be taken of:a. any expenses he has saved, andb. any earnings which he has obtained, or intentionally failed to obtain, from putting the object to some other use.n. set-off art. 265 the landlord or lessor and the tenant or lessee may not waive in advance their right to set off claims arising from the lease.o. end of lease i. expiry of agreed duration art. 266 1 where the parties have expressly or tacitly agreed to a limited duration, the lease comes to an end on expiry thereof without any need for notice to be given.2 if the lease is tacitly continued, its duration becomes indefinite.ii. notice of termination and termination dates 1. in general art. 266a 1 the parties may give notice to terminate a lease of indefinite duration by observing the legally prescribed notice periods and termination dates, except where they have agreed a longer notice period or a different termination date.2 where the prescribed notice period or termination date is not observed, termination will be effective as of the next termination date.2. immovable and movable structures art. 266b a party may terminate a lease of immovable property or a movable structure by giving three months' notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a six-month period of the lease.3. residential premises art. 266c a party may terminate a lease of residential premises by giving three months' notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease.4. commercial premises art. 266d a party may terminate the lease of a commercial property by giving six months' notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease.5. furnished rooms and parking spaces art. 266e a party may terminate the lease of furnished rooms, a separately rented parking space or other comparable facility by giving two weeks' notice expiring at the end of a one-month period of the lease. 6. chattels art. 266f a party may terminate a lease of chattels by giving three days' notice expiring at any time.iii. extraordinary notice 1. good cause art. 266g 1 where performance of the contract becomes unconscionable for the parties for good cause, they may terminate the lease by giving the legally prescribed notice expiring at any time.2 the court determines the financial consequences of early termination, taking due account of all the circumstances.2. bankruptcy of the tenant or lessee art. 266h 1 where the tenant or lessee becomes bankrupt after taking possession of the property, the landlord or lessor may call for security for future rent payments. he must grant the tenant or lessee and the bankruptcy administrators an appropriate time limit in which to furnish it.2 where no such security is furnished to the landlord or lessor, he may terminate the contract with immediate effect.3. death of the tenant or lessee art. 266i in the event of the death of the tenant or lessee, his heirs may terminate the contract by giving the legally prescribed notice expiring on the next admissible termination date.4. chattels art. 266k a lessee of a chattel hired for his own private use and leased to him on a commercial basis by the lessor may terminate the lease by giving at least 30 days' notice expiring at the end of a three-month period of the lease. the lessor has no claim for compensation.iv. required form of notice for residential and commercial premises 1. in general art. 266l 1 notice to terminate leases of residential and commercial premises must be given in writing.2 the landlord must give notice of termination using a form approved by the canton which informs the tenant how he must proceed if he wishes to contest the termination or apply for an extension of the lease.2. family residence a. notice given by the tenant art. 266m 1 where the leased property serves as the family residence, one spouse may not terminate the lease without the express consent of the other.2 if the spouse cannot obtain such consent or it is withheld without good cause, he or she may apply to the court.3 the same provisions apply mutatis mutandis to registered partners.100100 inserted by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).b. notice given by the landlord art. 266n101 notice of termination given by the landlord and any notification of a time limit for payment accompanied by a warning of termination in the event of non-payment (art. 257d) must be served separately on the tenant and on his spouse or registered partner.101 amended by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).3. void notice art. 266o notice of termination is void if it does not conform to articles 266l-266n.p. return of the object i. in general art. 267 1 at the end of the lease, the tenant or lessee must return the object in a condition that accords with its contractually designated use.2 any clause whereby the tenant or lessee undertakes to pay compensation on termination of the lease is void except insofar as such compensation relates to possible damage.ii. inspection of object and notification of tenant or lessee art. 267a 1 when the object is returned, the landlord or lessor must inspect its condition and immediately inform the tenant or lessee of any defects for which he is answerable.2 if the landlord or lessor fails to do so, he forfeits his claims save in respect of defects not detectable on customary inspection.3 where the landlord or lessor discovers such defects subsequently, he must inform the tenant or lessee immediately.q. landlord's special lien i. scope art. 268 1 as security for rent for the past year and the current six-month period, a landlord of commercial premises has a special lien on chattels located on the leased premises and either used as fixtures or required for the use of the premises.2 the landlord's special lien also extends to property brought onto the premises by a sub-tenant to the extent that he has not paid his rent.3 goods not subject to attachment by creditors of the tenant are not subject to the lien.ii. objects belonging to third parties art. 268a 1 the rights of third parties to objects which the landlord knew or should have known do not belong to the tenant and to stolen, lost, missing or otherwise mislaid objects take precedence over the landlord's special lien.2 where the landlord learns only during the lease that objects brought onto the premises by the tenant are not the latter's property, his lien on them is extinguished unless he terminates the lease as of the next admissible termination date.iii. exercise of lien art. 268b 1 where the tenant wishes to vacate the premises or intends to remove the objects located thereon, the landlord may, with the assistance of the competent authority, retain such objects as are required to secure his claim.2 items removed secretly or by force may, with police assistance, be brought back onto the premises within ten days of their removal.section two: protection against unfair rents or other unfair claims by the landlord in respect of leases of residential and commercial premises a. unfair rent i. general rule art. 269 rents are unfair where they permit the landlord to derive excessive income from the leased property or where they are based on a clearly excessive sale price.ii. exceptions art. 269a in particular, rents are not generally held to be unfair if:a. they fall within the range of rents customary in the locality or district;b. they are justified by increases in costs or by additional services provided by the landlord;c. in the case of a recently constructed property, they do not exceed the range of gross pre-tax yield required to cover costs;d. they serve merely to balance out a rent decrease previously granted as part of a reallocation of funding costs at prevailing market rates and they are set out in a payment plan made known to the tenant in advance;e. they serve merely to balance out the inflation on the risk capital;f. they do not exceed the levels recommended in master agreements drawn up by landlords' and tenants' associations or organisations representing similar interests.b. index-linked rent art. 269b an agreement to link rent to an index is valid only where the lease is contracted for at least five years and the benchmark is the swiss consumer prices index.c. periodical rent increases art. 269c an agreement to increase the rent periodically by fixed amounts is valid only where:a. the lease is contracted for at least three years;b. the rent is increased no more than once a year; andc. the amount by which it is increased is fixed in francs.d. rent increases and other unilateral amendments by the landlord art. 269d 1 the landlord may at any time increase the rent with effect from the next termination date. he must give notice of and reasons for the rent increase at least ten days before the beginning of the notice period for termination using a form approved by the canton.2 the rent increase is void where:a. it is not communicated using the prescribed form;b. no reasons are given;c. notification of the increase is accompanied by notice to terminate or a threat of termination.3 paragraphs 1 and 2 also apply where the landlord intends to make other unilateral amendments to the lease to the detriment of the tenant, for example by reducing the services provided or adding new accessory charges.e. challenge to rent i. request for rent reduction 1. initial rent art. 270 1 within 30 days of taking possession of the property, the tenant may challenge the initial rent as unfair within the meaning of articles 269 and 269a before the conciliation authority and request said authority to order a reduction of the rent:a. if the tenant felt compelled to conclude the lease agreement on account of personal or family hardship or by reason of the conditions prevailing on the local market for residential and commercial premises; orb. if the initial rent required by the landlord is significantly higher than the previous rent for the same property.2 in the event of a housing shortage, the cantons may make it obligatory in all or part of their territory to use the form stipulated in article 269d when contracting any new lease.2. during the lease art. 270a 1 the tenant may challenge the rent as unfair and request its reduction as of the next termination date where he has good cause to suppose that, because of significant changes to the calculation basis and most notably a reduction in costs, the return derived by the landlord from the leased property is now excessive within the meaning of articles 269 and 269a.2 the tenant must present his request for a rent reduction in writing to the landlord, who has 30 days in which to respond. where the landlord does not accede to the request in full or in part or does not respond in good time, the tenant may apply to the conciliation authority within 30 days.3 paragraph 2 does not apply if the tenant is simultaneously challenging a rent increase and requesting a rent reduction.ii. challenging rent increases and other unilateral amendments by the landlord art. 270b 1 within 30 days of receiving notice of a rent increase, the tenant may challenge it before the conciliation authority as unfair within the meaning of articles 269 and 269a.2 paragraph 1 also applies where the landlord makes other unilateral amendments to the lease to the detriment of the tenant, in particular by reducing the services provided or adding new accessory charges.iii. challenging index-linked rent art. 270c without prejudice to the right to challenge the initial rent, a party may argue before the conciliation authority only that the rent increase or reduction requested by the other party is not justified by a corresponding change in the index.iv. challenging periodical rent increases art. 270d without prejudice to the right to challenge the initial rent, the tenant may not challenge periodical rent increases.f. continued validity of lease during challenge proceedings art. 270e the existing lease remains in force without change:a. during conciliation proceedings, where the parties fail to reach agreement;b. during court proceedings, subject to provisional measures ordered by the court.section three: protection against termination of leases of residential and commercial premises a. notice open to challenge i. in general art. 271 1 notice of termination may be challenged where it contravenes the principle of good faith.2 on request, reasons for giving notice must be stated.ii. notice served by the landlord art. 271a 1 notice of termination served by the landlord may be challenged in particular where it is given:a. because the tenant is asserting claims arising under the lease in good faith;b. because the landlord wishes to impose a unilateral amendment of the lease to the tenant's detriment or to change the rent;c. for the sole purpose of inducing the tenant to purchase the leased premises;d. during conciliation or court proceedings in connection with the lease, unless the tenant initiated such proceedings in bad faith;e. within three years of the conclusion of conciliation or court proceedings in connection with the lease in which the landlord:1. was largely unsuccessful,2. withdrew or considerably reduced his claim or action,3. declined to bring the matter before the court,4. reached a settlement or some other compromise with the tenant;f. because of changes in the tenant's family circumstances which do not give rise to any significant disadvantage to the landlord.2 paragraph 1 let. e. is also applicable where the tenant can produce documents showing that he reached a settlement with the landlord concerning a claim in connection with the lease outside conciliation or court proceedings.3 paragraph 1 let. d. and e. are not applicable where notice of termination is given:a. because the landlord urgently needs the property for his own use or that of family members or in-laws;b. because the tenant is in default on his payments (art. 257d);c. because the tenant is in serious breach of his duty of care and consideration (art. 257f para. 3 and 4);d. as a result of alienation of the leased premises (art. 261);e. for good cause (art. 266g);f. because the tenant is bankrupt (art. 266h).b. extension of the lease i. tenant's entitlement art. 272 1 the tenant may request the extension of a fixed-term or open-ended lease where termination of the lease would cause a degree of hardship for him or his family that cannot be justified by the interests of the landlord.2 when weighing the respective interests, the competent authority has particular regard to:a. the circumstances in which the lease was contracted and the terms of the lease;b. the duration of the lease;c. the personal, family and financial circumstances of the parties, as well as their conduct;d. any need that the landlord might have to use the premises for himself, his family members or his in-laws and the urgency of such need;e. the conditions prevailing on the local market for residential and commercial premises.3 where the tenant requests a second extension, the competent authority must also consider whether the tenant has done everything that might reasonably be expected of him to mitigate the hardship caused by the notice of termination.ii. exclusion of extension art. 272a 1 no extension is granted where notice of termination is given:a. because the tenant is in default on his payments (art. 257d);b. because the tenant is in serious breach of his duty of care and consideration (art. 257f para. 3 and 4);c. because the tenant is bankrupt (art. 266h);d. in respect of a lease expressly concluded for a limited period until refurbishment or demolition works begin or the requisite planning permission is obtained.2 as a general rule, no extension is granted where the landlord offers the tenant equivalent residential or commercial premises.iii. length of extension art. 272b 1 a lease may be extended by up to four years in the case of residential premises and by up to six years for commercial premises. within these overall limits, one or two extensions may be granted.2 where the parties agree to an extension of the lease, they are not bound by a maximum duration and the tenant may waive a second extension.iv. continued validity of lease art. 272c 1 either party may ask the court to modify the lease in line with changed circumstances when deciding on the lease extension.2 where the lease is not varied in the decision on the lease extension, it remains in force during the extension period, subject to other means of variation envisaged by law.v. notice given during extension art. 272d unless the decision on extension or the extension agreement stipulates otherwise, the tenant may terminate the lease:a. by giving one month's notice expiring at the end of a calendar month in cases where the extension does not exceed one year;b. by giving three months' notice expiring on an admissible termination date in cases where the extension exceeds one year.c. time limits and procedure102 102 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).art. 273 1 a party wishing to challenge termination must bring the matter before the conciliation authority within 30 days of receiving the notice of termination.2 a tenant wishing to apply for a lease extension must submit his request to the conciliation authority:a. within 30 days of receiving the notice of termination, where the lease is open-ended;b. not later than 60 days before expiry of the lease, where it is of limited duration.3 a tenant requesting a second extension must submit his request to the conciliation authority not later than 60 days before expiry of the first extension.4 the procedure before the conciliation authority is governed by the cpo103.1045 where the competent authority rejects a request made by the tenant relating to challenging termination, it must examine ex officio whether the lease may be extended.105103 sr 272104 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).105 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).d. family residence art. 273a 1 where the leased property serves as the family residence, the tenant's spouse is likewise entitled to challenge the termination, request a lease extension and exercise the other rights accruing to the tenant in the event that notice of termination is served.2 agreements providing for an extension of the lease are valid only if concluded with both spouses.3 the same provisions apply mutatis mutandis to registered partners.106106 inserted by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).e. sub-letting art. 273b 1 the provisions of this chapter apply to sub-leases provided the principal lease has not been terminated. a sub-lease may be extended only within the duration of the principal lease.2 where the main purpose of the sub-lease is to circumvent the provisions governing protection against termination, the sub-tenant is granted such protection without regard to the principal lease. if the principal lease is terminated, the landlord is subrogated to the rights of the tenant in his contract with the sub-tenant.f. mandatory provisions art. 273c 1 the tenant may waive the rights conferred on him by the provisions of this chapter only where this is expressly envisaged.2 all agreements to the contrary are void.section four:107 . 107 repealed by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).art. 274-274g title eightbis:108 the usufructuary lease 108 inserted by no i of the fa of 15 dec. 1989, in force since 1 july 1990 (as 1990 802; bbl 1985 i 1369). see also the final provisions of titles viii and viiibis art. 5 at the end of this code.a. definition and scope of application i. definition art. 275 the usufructuary lease is a contract whereby the lessor undertakes to grant the lessee the use of a productive object or right and the benefit of its fruits or proceeds in exchange for rent.ii. scope of application 1. residential and commercial premises art. 276 the provisions governing usufructuary leases of residential and commercial premises also apply to objects made available together with such premises for the use and enjoyment of the tenant.2. agricultural lease art. 276a 1 usufructuary leases relating to agricultural enterprises or to agricultural land and buildings are governed by the federal act of 4 october 1985109 on agricultural leases, insofar as it contains special provisions.2 in other respects the code of obligations applies with the exception of the provisions governing leases of residential and commercial premises.110109 sr 221.213.2110 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).b. inventory art. 277 where machinery, livestock or supplies are included in the lease, each party must furnish the other with a precise, signed inventory and take part in a joint valuation thereof.c. obligations of the lessor i. hand-over of object art. 278 1 the lessor is required to make the object available on the agreed date in a condition fit for its designated use and operation.2 if a report was drawn up on the return of the object at the end of the previous lease, on request the lessor must make this document available for inspection by the new lessee when the object is handed over to him.3 similarly, the new lessee has the right to be informed of the amount of rent paid under the previous lease.ii. major repairs art. 279 the lessor is obliged to carry out major repairs to the object that become necessary during the lease at his own expense and as soon as the lessee has informed him of the need for such repairs.iii. charges and taxes art. 280 the lessor bears all taxes and charges in connection with the object.d. obligations of the lessee i. payment of rent and accessory charges 1. in general art. 281 1 the lessee must pay the rent and, where applicable, the accessory charges at the end of each year of the lease but not later than when the lease expires, save where another payment date is stipulated by agreement or local custom.2 article 257a applies to accessory charges.2. lessee in arrears art. 282 1 where, having accepted the property, the lessee is in arrears with payments of rent or accessory charges, the lessor may set a time limit of at least 60 days for payment and notify him that in the event of non-payment the lessor will terminate the lease on expiry of that time limit.2 in the event of non-payment within the time limit the lessor may terminate the usufructuary lease with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days' notice ending on the last day of a calendar month.ii. care, consideration and maintenance 1. care and consideration art. 283 1 the lessee must use the leased object with due care in accordance with its intended use and in particular must ensure that its long-term productivity is sustained.2 where the usufructuary lease relates to immovable property, the tenant must show due consideration for others who share the building and for neighbours.2. normal maintenance art. 284 1 the lessee must carry out the normal maintenance of the leased object.2 in accordance with local custom, he must carry out minor repairs and replace inexpensive equipment and tools which have become useless as a result of age or wear and tear.3. breach of duty by the lessee art. 285 1 if, despite written warning from the lessor, the lessee continues to act in breach of his duty of care, consideration or maintenance such that continuation of the usufructuary lease becomes unconscionable for the lessor or other persons sharing the building, the lessor may terminate the lease with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days' notice ending on the last day of a calendar month.2 however, leases of residential and commercial premises may be terminated with immediate effect if the tenant intentionally causes serious damage to the property.iii. duty of notification art. 286 1 if major repairs become necessary or a third party makes claims against the object of the usufructuary lease, the lessee must inform the lessor immediately.2 failure to notify renders the lessee liable for any damage incurred by the lessor as a result.iv. duty of tolerance art. 287 1 the lessee must tolerate major repairs intended to remedy defects in the object or to repair or prevent damage.2 the lessee must permit the lessor to inspect the object to the extent required for maintenance, sale or future leasing.3 the lessor must inform the lessee of works and inspections in good time and take all due account of the latter's interests when they are carried out; the provisions on leases in title 8 (art. 259d and 259e) apply mutatis mutandis to all claims of the lessee for reduction of the rent and for damages.e. rights of the lessee on non-performance or defective performance art. 288 1 the provisions on leases in title 8 (art. 258 and 259a-259i) apply mutatis mutandis:a. where the lessor fails to hand over the property on the agreed date or hands it over in a defective condition;b. where defects arise in the object which are not attributable to the lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually agreed.2 clauses to the contrary to the detriment of the lessee are void if they are set out:a. in previously formulated general terms and conditions;b. in usufructuary leases for residential or commercial premises.f. renovations and modifications i. by the lessor art. 289 1 the lessor may renovate or modify the object only where conscionable for the lessee and the usufructuary lease has not been terminated.2 in carrying out such works, the lessor must give due consideration to the lessee's interests; the provisions on leases in title 8 (art. 259d and art. 259e) apply mutatis mutandis to any claims of the lessee for reduction of the rent and for damages.ii. by the lessee art. 289a 1 the lessee requires the lessor's written consent in order to:a. alter the manner in which the object has traditionally been managed in ways which will have lasting significance beyond the duration of the lease;b. carry out renovations or modifications to the object above and beyond the remit of normal maintenance.2 once such consent has been given, the lessor may require the restoration of the object to its previous condition only if this has been agreed in writing.3 where the lessor has not given his written consent to an alteration within the meaning of paragraph 1 let. a. and the lessee has failed to reverse such alteration within an appropriate time, the lessor may terminate the contract with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days' notice expiring on the last day of a calendar month.g. change of ownership art. 290 the provisions on leases in title 8 (art. 261-261b) apply mutatis mutandis:a. where the leased object is alienated;b. where limited rights in rem are established on the leased object;c. where the lease is entered under priority notice in the land register.h. sub-letting art. 291 1 the lessee may sub-let all or part of the leased object with the lessor's consent.2 the lessor may refuse his consent to the sub-letting of premises which form part of a leased property only if:a. the lessee refuses to inform him of the terms of the sub-lease;b. the terms and conditions of the sub-lease are unfair in comparison with those of the usufructuary lease;c. the sub-letting gives rise to major disadvantages for the lessor.3 the lessee is liable to the lessor for ensuring that the sub-tenant or sub-lessee uses the object only in the manner permitted to the lessee himself. to this end the lessor may issue reminders directly to the sub-tenant or sub-lessee.j. transfer of usufructuary lease to a third party art. 292 article 263 applies mutatis mutandis to the transfer of a usufructuary lease of commercial premises to a third party.k. early return of the object art. 293 1 where the lessee returns the object without observing the notice period or the deadline for termination, he is released from his obligations towards the lessor only if he proposes a new lessee who is acceptable to the lessor, solvent and willing to take on the lease on the same terms and conditions.2 otherwise, the lessee must continue to pay the rent until such time as the lease ends or may be terminated under the contract or by law.3 against the rent owing to him the lessor must permit the following to be brought into account:a. any expenses he has saved, andb. any earnings which he has obtained, or intentionally failed to obtain, from putting the object to some other use.l. set-off art. 294 article 265 applies mutatis mutandis to the set-off of claims arising from a usufructuary lease.m. end of usufructuary lease i. expiry of agreed duration art. 295 1 where the parties have expressly or tacitly agreed to a limited duration, the usufructuary lease comes to an end on expiry thereof without any need for notice to be given.2 if the usufructuary lease is tacitly continued, it is deemed to have been extended on the same terms and conditions for a further year unless otherwise agreed.3 a party may terminate the extended usufructuary lease by giving the legally prescribed period of notice expiring at the end of a lease year.ii. notice of termination and termination dates art. 296 1 the parties may terminate an open-ended usufructuary lease by giving six months' notice expiring on any date of their choosing unless otherwise stipulated by agreement or local custom and unless the nature of the leased object implies that the parties intended otherwise.2 the parties may terminate an open-ended usufructuary lease of residential or commercial premises by giving at least six months' notice expiring on a date fixed by local custom or, absent in the absence of such custom, at the end of a three-month lease period. the parties may agree a longer notice period or another termination date.3 where the prescribed notice period or termination date is not observed, termination will be effective as of the next termination date.iii. extraordinary notice 1. good cause art. 297 1 where performance of the contract becomes unconscionable for the parties for good cause, they may terminate the usufructuary lease by giving the legally prescribed notice expiring at any time.2 the court determines the financial consequences of early termination, taking due account of all the circumstances.2. bankruptcy of the lessee art. 297a 1 where the lessee becomes bankrupt after taking possession of the property, the lease ends on commencement of bankruptcy proceedings.2 however, where the lessor has received sufficient security for the current year's rent and the inventory, he must continue the lease until the end of the lease year.3. death of the lessee art. 297b in the event of the death of the lessee, his heirs and the lessor may terminate the contract by giving the legally prescribed notice expiring on the next admissible termination date.iv. required form of notice for residential and commercial premises art. 298 1 notice to terminate usufructuary leases of residential or commercial premises must be given in writing.2 the lessor must give notice of termination using a form approved by the canton which informs the lessee how he must proceed if he wishes to contest the termination or apply for an extension of the lease.3 notice to terminate is void if it does not fulfil the above requirements.n. return of the object i. in general art. 299 1 at the end of the usufructuary lease, the lessee must return the object together with all items listed in the inventory in the condition they are in at that time.2 he is entitled to compensation for improvements which result:a. from endeavours exceeding the normal degree of diligence due in managing the object;b. for renovations or modifications to which the lessor gave his written consent.3 he must compensate the lessor for any deterioration that could have been prevented by diligent management of the object.4 any agreement whereby the lessee undertakes to pay compensation on termination of the lease is void except insofar as such compensation relates to possible damage.ii. inspection of object and notification of lessee art. 299a 1 when the object is returned, the lessor must inspect its condition and immediately inform the lessee of any defects for which he is answerable.2 if the lessor fails to do so, he forfeits his claims save in respect of defects not detectable on customary inspection.3 where the lessor discovers such defects subsequently, he must inform the lessee immediately.iii. replacement of inventory items art. 299b 1 where items listed in the inventory were valued when the object was originally handed over to the lessee, he must return an inventory of items of the same type and estimated value or pay compensation for any reduction in value.2 the lessee is not obliged to pay compensation for missing items if he can prove that they were lost through the fault of the lessor or force majeure.3 the lessee is entitled to compensation for added value resulting from his outlays and his labour.o. lessor's lien art. 299c the lessor of commercial premises has the same right of lien in respect of the rent for the past year and the current year of a usufructuary lease as the landlord under the provisions governing leases and rental agreements (art. 268 et seq.).p. protection against termination of usufructuary leases of residential and commercial premises art. 300 1 the provisions on leases in title 8 (art. 271-273c) apply mutatis mutandis to protection against termination of usufructuary leases of residential or commercial premises.2 the provisions governing the family residence (art. 273a) are not applicable.q. procedure art. 301111 the procedure is governed by the cpo112.111 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).112 sr 272r. livestock lease i. rights and obligations of the tenant farmer art. 302 1 in respect of a lease of livestock which is not part of an agricultural tenancy, all benefits arising from leased livestock belong to the tenant farmer unless otherwise provided by agreement or local custom.2 the tenant farmer feeds and cares for the livestock and pays rent to the lessor in the form of either money or a share in the benefits in kind.ii. liability art. 303 1 unless otherwise provided by agreement or local custom, the tenant farmer is liable for damage to the leased livestock unless he can prove that such damage could not have been avoided even with all due care and attention.2 the tenant farmer is entitled to have any extraordinary costs of caring for the livestock reimbursed by the lessor unless the tenant farmer was at fault in incurring such costs.3 the tenant farmer must inform the lessor as soon as possible of serious accidents or illness.iii. termination art. 304 1 where the lease is open-ended, either party may terminate it as of any date of their choosing, unless otherwise provided by agreement or local custom.2 however, such termination must take place in good faith and not at an inopportune juncture.title nine: the loan section one: the loan for use a. definition art. 305 a loan for use is a contract whereby the lender undertakes to make an object available free of charge to the borrower for the latter's use and the borrower undertakes to return it to him after having made use of it.b. effect i. borrower's right of use art. 306 1 the borrower may make use of the loaned object only for the purpose stipulated in the contract or, in the absence of any stipulation, for its normal purpose or the purpose dictated by its nature.2 he is not entitled to grant use of the object to a third party.3 a borrower acting in breach of these provisions is liable even for accidental damage unless he can prove that the object would have been affected in any event.ii. maintenance costs art. 307 1 the borrower bears the ordinary costs of maintenance and, in the case of loaned animals, in particular the costs of feeding them.2 he is entitled to reimbursement of extraordinary expenses he has been obliged to incur for the lender's benefit.iii. liability of joint borrowers art. 308 persons who have jointly borrowed a single object are jointly and severally liable for it.c. termination i. loan for designated use art. 309 1 where the loan for use is open-ended, it ends as soon as the borrower has made use of the object as agreed or on expiry of the period in which such use could have been made of it.2 the lender is entitled to reclaim the object before that time if the borrower uses it for a purpose contrary to the agreement, if he damages it, if he permits a third party to use it or if unforeseen developments occur which leave the lender in urgent need of the object.ii. loan for non-designated use art. 310 where the contract stipulates neither the purpose nor the duration of the loan, the lender may reclaim the loaned object whenever he sees fit.iii. death of the borrower art. 311 the loan for use ends on the death of the borrower.section two: the fixed-term loan a. definition art. 312 a fixed-term loan is a contract whereby the lender undertakes to transfer the ownership of a sum of money or of other fungible goods to the borrower, who in return undertakes to return objects of the same quantity and quality to him. b. effect i. interest 1. liability for interest art. 313 1 in normal dealings, interest is payable on a fixed-term loan only where this has specifically been agreed.2 in commercial transactions, interest is payable on fixed-term loans even where this has not been expressly agreed.2. rules governing interest art. 314 1 where the interest rate is not stipulated in the contract, it is presumed to be the customary rate for loans of the same type at the time and place that the fixed-term loan was received.2 unless otherwise agreed, the promised interest is payable annually.3 any prior agreement that interest will be added to the loan principal and become subject to further interest is void, subject to standard business practices and in particular those of savings banks for calculating interest on current accounts and similar commercial instruments under which the calculation of compound interest is customary.ii. prescriptive period for claims for delivery and acceptance art. 315 the borrower's claim for delivery and the lender's claim for acceptance of the fixed-term loan prescribe six months after the date on which the other party defaults.iii. insolvency of the borrower art. 316 1 the lender may refuse to hand over the fixed-term loan if the borrower becomes insolvent after entering into the contract.2 the lender has the right to refuse delivery even if insolvency occurred before the contract was concluded but he only subsequently became aware of it.c. goods in lieu of money art. 317 1 where the borrower receives securities or goods rather than the agreed sum of money, the amount of the fixed-term loan is deemed to be the current or market price of the securities or goods concerned at the time and place of delivery.2 any agreement to the contrary is void.d. timing of repayment art. 318 where a fixed-term loan contract does not stipulate the repayment date or the period of notice to terminate the contract or the expiry of the contract at any time on first request, the borrower must repay the loan within six weeks of the first request by the lender.title ten:113 the employment contract 113 amended by no i of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the transitional and final provisions of title x art. 7 at the end of this code.section one: the individual employment contract a. definition and conclusion i. definition art. 319 1 by means of an individual employment contract, the employee undertakes to work in the service of the employer for a limited or unlimited period and the employer undertakes to pay him a salary based on the amount of time he works (time wage) or the tasks he performs (piece work).2 a contract whereby an employee undertakes to work regularly in the employer's service by hours, half-days or days (part-time work) is likewise deemed to be an individual employment contract.ii. creation art. 320 1 except where the law provides otherwise, the individual employment contract is not subject to any specific formal requirement.2 it is deemed to have been concluded where the employer accepts the performance of work over a certain period in his service which in the circumstances could reasonably be expected only in exchange for salary.3 where an employee performs work in good faith for the employer under a contract which is subsequently found to be invalid, both parties must discharge their obligations under the employment relationship as if the contract had been valid until such time as one party terminates the relationship on grounds of the invalidity of the contract.b. obligations of the employee i. duty to work in person art. 321 the employee must carry out the contractually assumed tasks in person, unless otherwise required by agreement or the circumstances.ii. duty of care and loyalty art. 321a 1 the employee must carry out the work assigned to him with due care and loyally safeguard the employer's legitimate interests.2 he must use the employer's machinery, work tools, technical equipment, installations and vehicles in the appropriate manner and treat them and all materials placed at his disposal for the performance of his work with due care.3 for the duration of the employment relationship the employee must not perform any paid work for third parties in breach of his duty of loyalty, in particular if such work is in competition with his employer.4 for the duration of the employment relationship the employee must not exploit or reveal confidential information obtained while in the employer's service, such as manufacturing or trade secrets; he remains bound by such duty of confidentiality even after the end of the employment relationship to the extent required to safeguard the employer's legitimate interests.iii. disclosure and hand-over of benefits received and work produced art. 321b 1 the employee is accountable to his employer for everything, and in particular sums of money, he receives from third parties in the performance of his contractual activities and must hand it over to the employer immediately.2 he must likewise immediately hand over to the employer all work produced in the course of his contractual activities.iv. overtime art. 321c 1 if more hours of work are required than envisaged under the employment contract or provided for by custom, standard employment contract or collective employment contract, the employee is obliged to perform such overtime to the extent that he is able and may conscionably be expected to do so. 2 in consultation with the employee, the employer may compensate him within an appropriate period for the overtime worked by granting him time off in lieu of at least equal length. 3 where the overtime is not compensated by time off in lieu and unless otherwise agreed in writing or under a standard employment contract or collective employment contract, the employer must compensate the employee for the overtime worked by paying him his normal salary and a supplement of at least one-quarter thereof.v. compliance with general directives and instructions art. 321d 1 the employer is entitled to issue general directives and specific instructions regarding the performance of the work and the conduct of employees in his business or household.2 the employee must comply in good faith with the employer's general directives and specific instructions.vi. employee's liability art. 321e 1 the employee is liable for any damage he causes to the employer whether wilfully or by negligence.2 the extent of the duty of care owed by the employee is determined by the individual employment contract, taking due account of the occupational risk, level of training and technical knowledge associated with the work as well as the employee's aptitudes and skills of which the employer was or should have been aware.c. obligations of the employer i. salary 1. type and amount in general art. 322 1 the employer must pay the agreed or customary salary or the salary that is fixed by standard employment contract or collective employment contract.2 where the employee lives in the employer's household, his board and lodgings are part of the salary unless agreement or custom provide otherwise.2. share in the business results art. 322a 1 where the employee is by contract entitled to a share in the profits, the turnover or the results of the business expressed in some other manner, such share is calculated on the basis of the results for the financial year as defined by statutory provision and generally recognised commercial principles.2 the employer must furnish all the necessary information to the employee or, in his stead, to an expert designated by both employer and employee or appointed by the court and must grant the employee or the expert such access to the accounts as is required for verification of the business results. 3 in addition, where a share in the profits of the business has been agreed, a copy of the profit and loss account must be made available to the employee on request.114114 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).3. commission a. entitlement art. 322b 1 where the employee is by contract entitled to commission on particular transactions, his entitlement is established as soon as the transaction with the third party enters into force.2 in the case of transactions involving performance in instalments and insurance policies, it may be agreed in writing that such entitlement arises as each instalment falls due or is performed.3 the entitlement to commission lapses subsequently if through no fault of his the employer fails to carry out the transaction or the third party fails to fulfil his obligations; in the event of only partial performance, the commission is reduced proportionately.b. statement art. 322c 1 where the terms of the contract do not require the employee to draw up a statement of commission due to him, on each date on which commission falls due, the employer must provide him with a written statement including a breakdown of the transactions on which it is payable.2 the employer must furnish all the necessary information to the employee or, in his stead, to an expert designated by both employer and employee or appointed by the court, and must grant the employee or the expert such access to the books of account or supporting documents as is required for verification of the commission statement.4. bonuses art. 322d 1 where the employer pays a bonus over and above the salary on particular occasions, such as at christmas or the end of the financial year, the employee is entitled to such bonus where it is contractually stipulated.2 if the employment relationship ends prior to the occasion on which the bonus is paid, the employee is entitled to a pro rata bonus where the contract so provides.ii. payment of salary 1. payment terms and periods art. 323 1 unless shorter periods or other payment terms have been agreed or are customary and unless otherwise provided by standard employment contract or collective employment contract, the salary is paid to the employee at the end of each month.2 unless a shorter payment period has been agreed or is customary, commission is paid at the end of each month; however, where execution of a transaction takes more than half a year, the due date of the commission payable on it may be deferred by written agreement.3 shares in business results are payable as soon as the results are determined, but not later than six months after the end of the financial year.4 if an employee is in hardship and requests an advance against salary due for work already performed, the employer must advance such sum as may equitably be expected of him.2. withholding of salary art. 323a 1 to the extent provided for by individual agreement, custom, standard employment contract or collective employment contract, the employer may withhold part of the salary.2 the amount withheld on any given payment date must not exceed one-tenth of the salary due and the cumulative amount withheld must not exceed the salary due for one week's work; however, a higher amount may be withheld under the terms of a standard employment contract or collective employment contract.3 unless otherwise provided by individual agreement, custom, standard employment contract or collective employment contract, the salary withheld is deemed to be security for the employer's claims arising from the employment relationship rather than a contractual penalty.3. salary protection art. 323b 1 unless otherwise provided by agreement or custom, the salary must be paid to the employee in legal tender during working hours; a written salary statement must be provided to the employee.2 where the employer holds claims against the employee, he may set them off against the employee's salary claim only to the extent that such salary claim is subject to attachment, although claims for compensation of intentional damage may be set off without restriction.3 any agreement whereby the salary must be used for the employer's benefit is void.iii. salary in the event work is not possible 1. failure by employer to accept performance art. 324 1 where the employer is at fault in preventing performance of the work or fails to accept its performance for other reasons, he remains obliged to pay the salary but the employee is not obliged to make up the time thus lost.2 the salary payable in this event is reduced by any amounts that the employee saved as a result of being prevented from working or that he earned by performing other work or would have earned had he not intentionally foregone such work.2. employee prevented from working a. general principle art. 324a 1 where the employee is prevented from working by personal circumstances for which he is not at fault, such as illness, accident, legal obligations or public duties, the employer must pay him his salary for a limited time, including fair compensation for lost benefits in kind, provided the employment relationship has lasted or was concluded for longer than three months.2 subject to longer periods being fixed by individual agreement, standard employment contract or collective employment contract, the employer must pay three weeks' salary during the first year of service and thereafter the salary for appropriately longer periods depending on the duration of the employment relationship and the particular circumstances.3 the employer has the same obligation in the event that an employee becomes pregnant.1154 a written agreement, standard employment contract or collective employment contract may derogate from the above provisions provided it gives the employee terms of at least equivalent benefit.115 amended by annex no 1 to the fa of 3 oct. 2003, in force since 1 july 2005 (as 2005 1429; bbl 2002 7522, 2003 1112 2923).b. exceptions art. 324b 1 if the employee has compulsory insurance prescribed by law against the financial consequences of being prevented from working by personal circumstances for which he is not at fault, the employer is not obliged to pay his salary where the insurance benefits for that limited period cover at least four-fifths of the salary income lost over that period.2 where the insurance benefits are less, the employer must pay the difference between them and four-fifths of the salary.3 where the insurance benefits are paid only after a waiting period, the employer must pay at least four-fifths of the salary during that period.116 116 inserted by annex no 12 to the fa of 20 march 1981 on accident insurance, in force since 1 jan. 1984 (as 1982 1676 1724 art. 1 para. 1; bbl 1976 iii 141).iv. assignment and pledge of salary claims art. 325117 1 the employee may assign or pledge his future salary claims as security for maintenance or support obligations under family law only to the extent that such claims are subject to attachment; at the request of an interested party the debt collection office at the employee's domicile determines the amount that is not subject to attachment in accordance with article 93 of the federal act of 11 april 1889118 on debt collection and bankruptcy.2 any assignment or pledge of future salary claims as security for other obligations is void.117 amended by no i of the fa of 14 dec. 1990, in force since 1 july 1991 (as 1991 974; bbl 1989 iii 1233, 1990 i 120).118 sr 281.1v. piece work 1. work allocation art. 326 1 where by contract the employee carries out piece work for a single employer, the latter must allocate a sufficient quantity of work to him.2 the employer may allocate time work to the employee where through no fault of his own the employer is unable to allocate piece work as contractually agreed or where time work is temporarily required for operational reasons.3 if the rate of pay for such time work is not fixed by individual agreement, standard employment contract or collective employment contract, the employer must pay the employee the average salary he previously earned on a piece work basis.4 an employer who is unable to allocate sufficient piece work or time work remains nonetheless obliged pursuant to the provisions governing failure to accept performance to pay the salary that he would have paid for time work.2. piece work rates art. 326a 1 where by contract the employee carries out piece work, the employer must inform him of the applicable rate of pay before the start of each task.2 should the employer fail to give such information, he must pay the going rate for identical or comparable work.vi. work tools, materials and expenses 1. work tools and materials art. 327 1 unless otherwise provided by agreement or custom, the employer provides the employee with the tools and materials that the work requires.2 where the employee himself supplies such tools or materials with the employer's consent, he is entitled to appropriate compensation unless otherwise provided by agreement or custom.2. expenses a. in general art. 327a 1 the employer must reimburse the employee for all expenses necessarily incurred in the performance of the work and, in the case of work done off the employer's premises, for his necessary living expenses. 2 an individual agreement, standard employment contract or collective employment contract may provide that such expenses be reimbursed in the form of a fixed sum, such as a per diem or a weekly or monthly allowance, provided that this covers all necessary expenses.3 any agreement whereby the employee must bear all or part of such necessary expenses is void.b. motor vehicle art. 327b 1 where with the employer's consent the employee uses his own motor vehicle or a vehicle supplied by the employer for business purposes, he is entitled to reimbursement of the normal running and maintenance costs incurred in the performance of his work.2 where with the employer's consent the employee uses his own motor vehicle for work purposes, the employee is also entitled to reimbursement of the tax on the vehicle and the premiums for third-party liability insurance as well as appropriate compensation for wear and tear, to the extent that the vehicle is used for business purposes.3 .119119 repealed by no 12 of the annex to the fa of 20 march 1981 on accident insurance, with effect from 1 jan. 1984 (as 1982 1676 1724 art. 1 para. 1; bbl 1976 iii 141).c. payment dates art. 327c 1 expenses are reimbursed when the salary is paid based on the statement of expenses submitted by the employee, unless a shorter period has been agreed or is customary.2 where an employee regularly incurs expenses in the performance of his contractual obligations, the employer must pay him an advance against such expenses at regular intervals but not less frequently than every month.vii. protection of the employee's personality rights 1. in general art. 328 1 within the employment relationship, the employer must acknowledge and safeguard the employee's personality rights, have due regard for his health and ensure that proper moral standards are maintained. in particular, he must ensure that employees are not sexually harassed and that any victim of sexual harassment suffers no further adverse consequences.1202 in order to safeguard the personal safety, health and integrity of his employees he must take all measures that are shown by experience to be necessary, that are feasible using the latest technology and that are appropriate to the particular circumstances of the workplace or the household, provided such measures may equitably be expected of him in the light of each specific employment relationship and the nature of the work. 121 122 120 sentence inserted by annex no 3 to the fa of 24 march 1995 on gender equality, in force since 1 july 1996 (as 1996 1498; bbl 1993 i 1248).121 revised by the federal assembly drafting committee (art. 33 parlpa; as 1974 1051).122 amended by annex no 3 to the fa of 24 march 1995 on gender equality, in force since 1 july 1996 (as 1996 1498; bbl 1993 i 1248).2. shared household art. 328a 1 where the employee lives in the employer's household, the employer must provide adequate board and appropriate lodgings.2 if the employee is prevented from working through no fault of his own by sickness or accident, the employer must provide care and medical assistance for a limited period, this being three weeks within the first year of service and thereafter for appropriately longer periods depending on the duration of the employment relationship and the particular circumstances.3 the employer has the same obligations in the event that an employee is pregnant or gives birth.3. when handling personal data art. 328b123 the employer may handle data concerning the employee only to the extent that such data concern the employee's suitability for his job or are necessary for the performance of the employment contract. in all other respects, the provisions of the federal act of 19 june 1992124 on data protection apply. 123 inserted by annex no 2 to the fa of 19 june 1992 on data protection, in force since 1 july 1993 (as 1993 1945; bbl 1988 ii 413).124 sr 235.1viii. days off work, holidays, and leave 1. days off work125 125 amended by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of work and caring for family members, in force since 1 july 2021 (as 2020 4525; bbl 2019 4103).art. 329 1 the employer must allow the employee one day off per week, generally sunday or, where circumstances do not permit this, a full weekday instead.2 in special circumstances, he may allow the employee several days off together or two half-days instead of one full day, provided the employee consents to this.3 in addition, he must allow the employee the customary hours and days off work and, once notice has been given to terminate the employment relationship, the time required to seek other employment.4 when determining time off work, due account is to be taken of the interests of both employer and employee.2. holidays a. annual entitlement art. 329a 1 the employer must allow the employee during each year of service at least four weeks' holiday and five weeks' holiday for employees under the age of 20.1262 .1273 where an employee has not yet completed one year's service, his holiday entitlement is fixed pro rata.126 amended by no i of the fa of 16 dec. 1983, in force since 1 july 1984 (as 1984 580; bbl 1982 iii 201).127 repealed by no i of the fa of 16 dec. 1983, with effect from 1 july 1984 (as 1984 580; bbl 1982 iii 201).b. reduction art. 329b 1 where in a given year of service the employee through his own fault is prevented from working for more than a month in total, the employer may reduce his holiday entitlement by one-twelfth for each full month of absence.1282 where the total absence does not exceed one month in a given year of service and is the result of personal circumstances for which the employee is not at fault, such as illness, accident, legal obligations, public duties or leave for youth work, the employer is not entitled to reduce his holiday entitlement.1293 the employer may not reduce the holiday entitlement of:a. a female employee who is prevented from working by pregnancy for up to two months;b. a female employee who has taken maternity leave in accordance with article 329f;c. a male employee who has taken paternity leave in accordance with article 329g; ord. an employee who has taken carer's leave in accordance with article 329i.1304 a standard employment contract or collective employment contract may derogate from paragraphs 2 and 3 provided that, taken as a whole, it gives employees terms of at least equal benefit.131128 amended by art. 117 of the fa of 25 june 1982 on unemployment insurance, in force since 1 jan. 1984 (as 1982 2184, 1983 1204; bbl 1980 iii 489).129 amended by art. 13 of the fa of 6 oct. 1989 on youth work, in force since 1 jan. 1991 (as 1990 2007; bbl 1988 i 825).130 amended by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of work and caring for family members, in force since 1 july 2021 (as 2020 4525; bbl 2019 4103).131 inserted by no i of the fa of 16 dec. 1983, in force since 1 july 1984 (as 1984 580; bbl 1982 iii 201).c. consecutive weeks, timing art. 329c 1 the holiday entitlement for a given year of service is generally granted during that year; at least two weeks of holiday must be taken consecutively.1322 the employer determines the timing of holidays taking due account of the employee's wishes to the extent these are compatible with the interests of the business or household.132 amended by no i of the fa of 16 dec. 1983, in force since 1 july 1984 (as 1984 580; bbl 1982 iii 201).d. salary art. 329d 1 the employer must pay the employee the full salary due for the holiday entitlement and fair compensation for any lost benefits in kind.2 during the employment relationship, the holiday entitlement may not be replaced by monetary payments or other benefits.3 if while on holiday, the employee carries out paid work for a third party which harms the employer's legitimate interests, the employer may refuse to pay the salary due for the holidays concerned and may reclaim any salary already paid.3. leave for extracurricular youth work art. 329e133 1 during each year of service the employer must grant employees under the age of 30 leave of up to one working week for the purpose of carrying out unpaid leadership, care or advisory activities in connection with extracurricular youth work for cultural or social organisations and for related initial and ongoing training. 2 the employee has no salary entitlement during such leave for youth work. an individual agreement, standard employment contract or collective employment contract may provide otherwise to the employee's benefit.3 the employer and employee should agree on the timing and duration of leave for youth work, having due regard for each other's interests. where they cannot reach agreement, such leave must be granted on condition that the employee gives two months' advance notice of his intention to exercise his right. any leave for youth work not taken by the end of the calendar year is forfeited.4 at the employer's request, the employee must furnish proof of the activities and functions he has carried out in relation to youth work.133 inserted by art. 13 of the fa of 6 oct. 1989 on youth work, in force since 1 jan. 1991 (as 1990 2007; bbl 1988 i 825).4. maternity leave art. 329f134 1 after having given birth, a female employee is entitled to maternity leave of at least 14 weeks.2 in the event of the hospitalisation of the new-born child, the maternity leave shall be extended by the extended period of payment of the maternity allowance.135134 inserted by annex no 1 to the fa of 3 oct. 2003, in force since 1 july 2005 (as 2005 1429; bbl 2002 7522, 2003 1112 2923).135 inserted by no ii of the fa of 18 dec. 2020, in force since 1 july 2021 (as 2021 288; bbl 2019 141).5. paternity leave 4. paternity leave art. 329g136 1 an employee who is legally the father at the time of the birth of a child or who becomes the legal father within the following six months is entitled to paternity leave of two weeks.2 paternity leave must be taken within six months of the birth of the child.3 it may be taken in full weeks or on a day-to-day basis.136 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of employment and caring for family members, in force since 1 jan. 2021 (as 2020 4525; bbl 2019 4103).6. leave to care for family members art. 329h137 an employee is entitled to paid leave for the time he or she spends caring for a family member or life partner with health problems; however the leave is limited to no more than three days per event and no more than ten days per year.137 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of employment and caring for family members, in force since 1 jan. 2021 (as 2020 4525; bbl 2019 4103).7. leave to care for a child whose health is seriously impaired by illness or accident art. 329i138 1 if an employee is entitled to carer's allowance under articles 16n-16s of the loss of earning compensation act (leca) of 25 september 1952139 because his or her child's health has been seriously impaired by illness or accident, he or she is entitled to carer's leave of a maximum of 14 weeks. 2 the carer's leave must be taken within a period of 18 months. the period begins on the day for which the first daily allowance is claimed. 3 if both parents are in employment, each parent is entitled to carer's leave of a maximum of seven weeks. they may choose to apportion the leave in a different way.4 the leave may be taken in one stretch or on a day-to-day basis.5 the employer must be informed immediately about the arrangements made for taking the leave and about any changes to these arrangements.138 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of work and caring for family members, in force since 1 july 2021 (as 2020 4525; bbl 2019 4103).139 sr 834.1ix. other duties 1. security art. 330 1 where the employee furnishes security for performance of his obligations under the employment contract, the employer must keep it separate from his own assets and guarantee its safekeeping.2 the employer returns such security at the latest at the end of the employment relationship unless the date of its return has been deferred by written agreement.3 where the employer asserts claims arising from the employment relationship and these are contested, he may retain the security until they are resolved but must at the employee's request deposit any retained security with the court.4 in the event of the employer's bankruptcy the employee may demand the return of the security kept separate from the employer's own assets, subject to any claims of the latter arising from the employment relationship.2. reference art. 330a 1 the employee may at any time request from the employer a reference concerning the nature and the duration of the employment relationship, the quality of his work and his conduct.2 at the employee's express request the reference must be limited to the nature and duration of the employment relationship. 3. duty of information art. 330b140 1 where the employment contract has been concluded for an indefinite duration or for longer than one month, within one month of the beginning of the employment relationship, the employer must inform the employee in writing of:a. the names of the contracting parties;b. the date of the beginning of the employment relationship;c. the employee's function;d. the salary and any additional benefits;e. the length of the working week.2 in the event of changes to the contractual elements that are subject to the duty of information pursuant to paragraph 1 during the employment relationship, the employee must be informed of such changes in writing within one month of their entry into force.140 inserted by art. 2 no 2 of the fa of 17 dec. 2004 approving and implementing the protocol relating to the extension of the agreement between the european community and its member states, of the one part, and the swiss confederation, of the other, on the free movement of persons to new eu member states and approving the revision of the accompanying measures on the free movement of persons, in force since 1 april 2006 (as 2006 979; bbl 2004 5891 6565).d. employee benefits provision i. obligations of the employer141 141 amended by annex no 2 of the vested benefits act of 17 dec. 1993, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).art. 331 1 where the employer contributes to a employee benefits scheme142 or the employees make their own contributions, the employer must transfer these contributions to a foundation, a cooperative or a public law institution.2 where the employer's contributions and any made by the employee are used to take out health insurance, personal accident insurance, life assurance, disability insurance or whole life assurance in favour of the employee with a regulated insurance company or a recognised health insurance fund, the employer is not obliged to transfer the contributions as stipulated in the previous paragraph if an independent claim against the insurer would accrue to the employee on the occurrence of the event insured against.3 where the employee is obliged to make contributions to a benefits scheme, the employer must simultaneously contribute an amount at least equal to the total contributions of all his employees; he must finance his contributions from his own funds or from contribution reserves held by the fund which have previously been accumulated by the employer for this purpose and are shown separately in the fund's accounts. the employer must transfer the contribution deducted from the employee's salary together with his own contribution to the benefits scheme not later than at the end of the first month following the calendar year or insurance year for which the contributions are due.1434 the employer must furnish the employee with the necessary information regarding his rights and entitlements against a benefits scheme or an insurer.1445 at the request of the central office for 'pillar 2' (occupational pension) insurance, the employer must supply any information available to him that might facilitate the location of persons entitled to dormant assets or of the institutions that manage such assets.145142 term in accordance with annex no 2 of the vested benefits act of 17 dec. 1993, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).143 amended by annex no 2 to the fa of 3 oct. 2003 (opa revision i), in force since 1 jan. 2005 (as 2004 1677 1700; bbl 2000 2637).144 amended by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).145 inserted by no ii 2 of the fa of 18 dec. 1998, in force since 1 may 1999 (as 1999 1384; bbl 1998 v 5569).ii. beginning and end of insurance cover art. 331a146 1 benefits cover commences on the date on which the employment relationship begins and ends on the date on which the employee leaves the benefits scheme.2 however, he continues to enjoy life assurance and invalidity cover until he joins a new occupational benefits scheme, subject to a maximum period of one month.3 the benefits scheme may require the insured to pay premiums for pension insurance maintained after the end of the occupational benefits146 amended by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).iii. assignment and pledge art. 331b147 claims for future benefits may not be validly assigned or pledged before they fall due.147 amended by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).iv. reservations on medical grounds art. 331c148 occupational benefits schemes may make reservations on medical grounds in relation to invalidity and life policies. such reservations may be made for a maximum of five years.148 amended by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).v. promotion of home ownership 1. pledge art. 331d149 1 at any time up to three years before becoming entitled to draw retirement benefits, the employee may pledge his entitlement to occupational benefits or an amount up to the limit of his transferable benefits for the purpose of acquiring a property for his own personal use.2 the pledge is also permitted for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee's own personal use.3 the pledge is valid only if notified in writing to the benefits scheme.4 the amount pledged by employees aged 50 or older must not exceed the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time the pledge is given.5 married employees may pledge benefits only with the written consent of their spouse. where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts.150 the same applies to registered partnerships.1516 where the pledge is realised before the benefits fall due or the cash payment is made, articles 30d, 30e, 30g and article 83a of the federal act of 25 june 1982152 on occupational old age, survivors' and invalidity pension provision are applicable.153 7 the federal council determines:a. the purposes for which the pledge is permissible and the definition of 'own personal use';b. the conditions to be fulfilled for the pledging of entitlements to acquire shares in a housing cooperative or similar participatory venture.149 inserted by no ii of the fa of 17 dec. 1993 on the promotion of home ownership using occupational pension benefits, in force since 1 jan. 1995 (as 1994 2372; bbl 1992 vi 237).150 second sentence amended by annex no 1 of the fa of 19 june 2015 (pension equality on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).151 amended by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).152 sr 831.40153 amended by annex no 1 of the fa of 19 june 2015 (pension equality on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).2. early withdrawal art. 331e154 1 at any time up to three years before becoming entitled to draw retirement benefits, the employee may claim an amount from his benefits scheme for the purpose of acquiring a property for his own personal use.2 employees under the age of 50 may withdraw an amount up to the limit of their transferable benefits. employees aged 50 or older are entitled to withdraw no more than the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time of the early withdrawal. 3 the employee may also use such amount for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee's own personal use.4 the early withdrawal brings about an immediate reduction in occupational benefit entitlements in accordance with the benefits scheme regulations and the actuarial basis employed by the benefits scheme. in order to avoid a shortfall in benefits cover resulting from this reduction in benefits in the event of death or disability, the benefits scheme offers supplementary insurance either directly or as broker for a third-party insurer.5 married employees may make such an early withdrawal and any subsequent establishment of a charge on immovable property only with the written consent of their spouse. where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts. the same applies to registered partnerships.1556 where married persons divorce before the benefits fall due, the early withdrawal is deemed a transferable benefit and is divided in accordance with article 123 of the civil code156, articles 280 and 281 cpo157 and articles 22-22b of the vested benefits act of 17 december 1993158. the same applies in the event of judicial dissolution of a registered partnership.1597 if the early withdrawal or pledge of entitlements jeopardises the liquidity of the benefits scheme, the fund may defer execution of the requests concerned. the benefits scheme must lay down in its regulations the order of priority in which early withdrawals or pledges of entitlements will be deferred in such an event. the federal council regulates the details.8 in other respects articles 30d, 30e, 30g and article 83a of the federal act of 25 june 1982160 on occupational old age, survivors' and invalidity pension provision are applicable.161 154 inserted by no ii of the fa of 17 dec. 1993 on the promotion of home ownership using occupational pension benefits, in force since 1 jan. 1995 (as 1994 2372; bbl 1992 vi 237).155 amended by annex no 1 of the fa of 19 june 2015 (pension equality on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).156 sr 210157 sr 272158 sr 831.42159 amended by annex 1 of the fa of 19 june 2015 (pension equality on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).160 sr 831.40161 amended by annex no 1 of the fa of 19 june 2015 (pension equality on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).3. restrictions if the benefits scheme has a cover deficit art. 331f162 1 the benefits scheme may provide in its regulations that the pledges of assignments, early withdrawals and repayments may be subject to time or volume restrictions or even refused while the fund has a cover deficit.2 the federal council determines the conditions under which the restrictions stipulated in para. 1 are permissible and the scope thereof.162 inserted by annex no 2 to the fa of 18 june 2004, in force since 1 jan. 2005 (as 2004 4635; bbl 2003 6399).e. right to inventions and designs art. 332163 1 inventions and designs produced by the employee alone or in collaboration with others in the course of his work for the employer and in performance of his contractual obligations belong to the employer, whether or not they may be protected.2 by written agreement, the employer may reserve the right to acquire inventions and designs produced by the employee in the course of his work for the employer but not in performance of his contractual obligations.3 an employee who produces an invention or design covered by paragraph 2 must notify the employer thereof in writing; the employer must inform the employee within six months if he wishes to acquire the invention or design or release it to the employee.4 where it is not released to the employee, the employer must pay him separate, appropriate remuneration to be determined with due regard to all pertinent circumstances and in particular the economic value of the invention or design, the degree to which the employer contributed, any reliance on other staff and on the employer's facilities, the expenses incurred by the employee and his position in the company.163 amended by annex no ii to the fa of 5 oct. 2001 on the protection of designs, in force since 1 july 2002 (as 2002 1456; bbl 2000 2729).art. 332a164 164 repealed by annex no ii to the fa of 5 oct. 2001 on the protection of designs, with effect from 1 july 2002 (as 2002 1456; bbl 2000 2729).f. transfer of employment relationship 1. effects165 165 amended by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).art. 333 1 where the employer transfers the company or a part thereof to a third party, the employment relationship and all attendant rights and obligations pass to the acquirer as of the day of the transfer, unless the employee refuses such transfer.166 1bis where the transferred relationship is governed by a collective employment contract, the acquirer is obliged to abide by it for one year unless it expires or is terminated sooner.167 2 in the event that the employee refuses the transfer, the employment relationship ends on expiry of the statutory notice period; until then, the acquirer and the employee are obliged to perform the contract.3 the former employer and the acquirer are jointly and severally liable for any claims of an employee which fell due prior to the transfer or which fall due between that juncture and the date on which the employment relationship could normally be terminated or is terminated following refusal of the transfer.4 moreover, the employer may not transfer the rights arising from an employment relationship to a third party unless otherwise agreed or dictated by the circumstances.166 amended by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).167 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).2. consultation of employees' organisation art. 333a168 1 where the employer transfers the company or a part thereof to a third party, he must inform the organisation that represents the employees or, where there is none, the employees themselves in good time before the transfer takes place of:a. the reason for the transfer;b. its legal, economic and social consequences for the employees.2 where measures affecting the employees are envisaged as a result of such transfer, the organisation that represents the employees or, where there is none, the employees themselves must be consulted in good time before the relevant decisions are taken.168 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).3. transfer of the company on insolvency art. 333b169 if the company or part thereof is transferred during a debt restructuring moratorium, in the course of bankruptcy proceedings or under a composition agreement with assignment of assets, the employment relationship with all rights and obligations is transferred to the acquirer if this has been agreed with the acquirer and the employee does not object to the transfer. in addition, article 333, with the exception of its paragraph 3, and 333a apply mutatis mutandis.169 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).g. end of the employment relationship i. fixed-term employment relationship art. 334170 1 a fixed-term employment relationship ends without notice.2 a fixed-term employment relationship tacitly extended beyond the agreed duration is deemed to be an open-ended employment relationship. 3 after ten years, any employment relationship contracted for a longer duration may be terminated by either party by giving six months' notice expiring at the end of a month.170 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).ii. open-ended employment relationship 1. notice in general art. 335171 1 an employment relationship for an unlimited period may be terminated by either party.2 the party giving notice of termination must state his reasons in writing if the other party so requests.171 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).2. notice periods a. in general art. 335a172 1 notice periods must be the same for both parties; where an agreement provides for different notice periods, the longer period is applicable to both parties.2 however, where the employer has given notice to terminate the employment relationship or expressed an intention to do so for economic reasons, the employee may be permitted a shorter notice period by individual agreement, standard employment contract or collective employment contract.172 inserted by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).b. during the probation period art. 335b173 1 during the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.2 different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months.3 where the period that would normally constitute the probation period is interrupted by illness, accident or performance of a non-voluntary legal obligation, the probation period is extended accordingly.173 inserted by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).c. after the probation period art. 335c174 1 the employment relationship may be terminated at one month's notice during the first year of service, at two months' notice in the second to ninth years of service and at three months' notice thereafter, all such notice to expire at the end of a calendar month.2 these notice periods may be varied by written individual, standard or collective employment contract; however, they may be reduced to less than one month only by collective employment contract and only for the first year of service.3 if the employer terminates the employment relationship and if the employee is entitled to paternity leave in accordance with article 329g before the end of the employment relationship, the period of notice of termination shall be extended by the number of days of paternity leave not yet taken.175174 inserted by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).175 inserted by annex no 1 of the fa of 27 sept. 2019, in force since 1 jan. 2021 (as 2020 4689; bbl 2019 3405 3851).iibis. mass redundancies 1. definition art. 335d176 mass redundancies are notices of termination given by the employer to employees of a business within 30 days of each other for reasons not pertaining personally to the employees and which affect:1. at least 10 employees in a business normally employing more than 20 and fewer than 100 employees;2. at least 10% of the employees of a business normally employing at least 100 and fewer than 300 employees;3. at least 30 employees in a business normally employing at least 300 employees.176 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).2. scope of application art. 335e177 1 the provisions governing mass redundancies apply equally to fixed-term employment relationships terminated prior to expiry of their agreed duration.2 they do not apply in the event of cessation of business operations by court order or in the case of mass redundancies due to bankruptcy or under a composition agreement with assignment of assets.178177 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).178 amended by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).3. consultation of employees' organisation art. 335f179 1 an employer intending to make mass redundancies must consult the organisation that represents the employees or, where there is none, the employees themselves.2 he must give them at least an opportunity to formulate proposals on how to avoid such redundancies or limit their number and how to mitigate their consequences.3 he must furnish the organisation that represents the employees or, where there is none, the employees themselves with all appropriate information and in any event must inform them in writing of:a. the reasons for the mass redundancies;b. the number of employees to whom notice has been given;c. the number of employees normally employed in the business;d. the period in which he plans to issue the notices of termination.4 he must forward a copy of the information stipulated in paragraph 3 to the cantonal employment office.179 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).4. procedure art. 335g180 1 the employer notifies the cantonal employment office in writing of any intended mass redundancies and forwards a copy of such notification to the organisation that represents the employees or, where there is none, to the employees themselves.2 such notification must contain the results of the consultation with the organisation that represents the employees (art. 335f) and all appropriate information regarding the intended mass redundancies.3 the cantonal employment office seeks solutions to the problems created by the intended mass redundancies. the organisation that represents the employees or, where there is none, the employees themselves may submit their own comments.4 where notice to terminate an employment relationship has been given within the context of mass redundancies, the relationship ends 30 days after the date on which the mass redundancies were notified to the cantonal employment office unless such notice of termination takes effect at a later date pursuant to statutory or contractual provisions.180 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).5. social plan a. definition and principles art. 335h181 1 a social plan is an agreement in which an employer and employees set out measures to avoid redundancies or to reduce their numbers and mitigate their effects.2 it must not jeopardise the continued existence of the company.181 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).b. duty to negotiate art. 335i182 1 the employer must hold negotiations with the employees with the aim of preparing a social plan if he:a. normally employs at least 250 employees; andb. intends to make at least 30 employees redundant within 30 days for reasons that have no connection with their persons. 2 redundancies over a longer period of time that are based on the same operational decision are counted together.3 the employer negotiates:a. with the employee associations that are party to the collective employment contract if he is a party to this collective employment contract;b. with the organisation representing the employees; orc. directly with the employees if there is no organisation representing the employees.4 the employee associations, the organisation representing the employees or the employees may invite specialist advisers to the negotiations. these persons must preserve confidentiality in dealings with persons outside the company.182 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).c. preparation by an arbitral tribunal art. 335j183 1 if the parties are unable to agree on a social plan, an arbitral tribunal is appointed. 2 the arbitral tribunal issues the social plan in a binding arbitral award auf.183 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).d. during bankruptcy or composition proceedings art. 335k184 the provisions on the social plan (art. 335h-335j) do not apply to mass redundancies that occur during bankruptcy or composition proceedings that are concluded with a composition agreement.184 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).iii. protection from termination 1. wrongful termination a. general principle art. 336185 1 notice of termination is unlawful where given by one party:a. on account of an attribute pertaining to the person of the other party, unless such attribute relates to the employment relationship or substantially impairs cooperation within the business;b. because the other party exercises a constitutional right, unless the exercise of such right breaches an obligation arising from the employment relationship or substantially impairs cooperation within the business;c. solely in order to prevent claims under the employment relationship from accruing to the other party;d. because the other party asserts claims under the employment relationship in good faith;e.186 because the other party is performing swiss compulsory military or civil defence service or swiss alternative civilian service or a non-voluntary legal obligation.2 further, notice of termination given by the employer is unlawful when given:a. because the employee is or is not a member of an employees' organisation or because he carries out trade union activities in a lawful manner;b. while the employee is an elected employee representative on the staff council for the business or on a body linked to the business and the employer cannot cite just cause to terminate his employment;c.187 in the context of mass redundancies, without his having consulted the organisation that represents the employees or, where there is none, the employees themselves (art. 335f).3 the protection against termination of employment afforded pursuant to paragraph 2 letter b to an employee representative whose mandate has ended as a result of transfer of the employment relationship (art. 333) continues until such time as the mandate would have expired had such transfer not taken place.188185 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).186 amended by annex no 3 to the fa of 6 oct. 1995 on alternative civilian service, in force since 1 oct. 1996 (as 1996 1445; bbl 1994 iii 1609).187 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).188 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).b. penalties art. 336a189 1 a party who terminates the employment relationship unlawfully must pay compensation to the other party.2 the court determines the compensation taking due account of all the circumstances, though it must not exceed an amount equivalent to six months' salary for the employee. claims for damages on other counts are unaffected.3 where termination is unlawful pursuant to article 336 paragraph 2 letter c, compensation may not exceed two months' salary for the employee.190189 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).190 inserted by no i of the fa of 17 dec. 1993, in force since 1 may 1994 (as 1994 804; bbl 1993 i 805).c. procedure art. 336b191 1 a party seeking compensation pursuant to articles 336 and 336a must submit his objection to the notice of termination in writing to the party giving such notice not later than the end of the notice period.2 where the objection has been properly submitted and the parties cannot reach agreement on the continuation of the employment relationship, the party on whom notice was served may bring his claim for compensation. the claim prescribes if not brought before the courts within 180 days of the end of the employment relationship.191 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).2. termination at an inopportune juncture a. by the employer art. 336c192 1 after the probation period has expired, the employer may not terminate the employment relationship:a.193 while the other party is performing swiss compulsory military or civil defence service or swiss alternative civilian service or, where such service lasts for more than eleven194 days, during the four weeks preceding or following it;b. while the employee through no fault of his own is partially or entirely prevented from working by illness or accident for up to 30 days in the first year of service, 90 days in the second to fifth years of service and 180 days in the sixth and subsequent years of service;c. during the pregnancy of an employee and the sixteen weeks following birth;cbis.195 before the end of the extended period of maternity leave in accordance with article 329f paragraph 2;cter.196 for as long as the employee is entitled to carer's leave under article 329i, but for no longer than six months from the day on which the period within which to take the leave begins;d. while the employee is participating with the employer's consent in an overseas aid project ordered by the competent federal authority.2 any notice of termination given during the proscribed periods stipulated in paragraph 1 is void; by contrast, where such notice was given prior to the commencement of a proscribed period but the notice period has not yet expired at that juncture, it is suspended and does not resume until the proscribed period has ended.3 where a specific end-point, such as the end of a month or working week, has been set for termination of the employment relationship and such end-point does not coincide with the expiry of the resumed notice period, the latter is extended until the next applicable end-point.192 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).193 amended by annex no 3 to the fa of 6 oct. 1995 on alternative civilian service, in force since 1 oct. 1996 (as 1996 1445; bbl 1994 iii 1609).194 revised by the federal assembly drafting committee (art. 33 parlpa; as 1974 1051).195 inserted by no ii of the fa of 18 dec. 2020, in force since 1 july 2021 (as 2021 288; bbl 2019 141).196 originally lett. cbis. inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of work and caring for family members, in force since 1 july 2021 (as 2020 4525; bbl 2019 4103).b. by the employee art. 336d197 1 after the probation period has expired, the employee may not terminate the employment relationship if he is required to deputise for a hierarchical superior whose function the employee is capable of assuming or for the employer himself who is prevented from working by the reasons set out at article 336c paragraph 1 letter a.2 article 336c paragraphs 2 and 3 are applicable mutatis mutandis.197 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).iv. termination with immediate effect 1. requirements a. for good cause art. 337 1 both employer and employee may terminate the employment relationship with immediate effect at any time for good cause; the party doing so must give his reasons in writing at the other party's request.1982 in particular, good cause is any circumstance which renders the continuation of the employment relationship in good faith unconscionable for the party giving notice.3 the court determines at its discretion whether there is good cause, however, under no circumstances may the court hold that good cause is constituted by an employee being prevented from working through no fault of his own.198 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).b. salary at risk art. 337a in the event of the employer's insolvency, the employee may terminate the employment relationship with immediate effect unless he is furnished with security for his claims under such relationship within an appropriate period.2. consequences a. termination for good cause art. 337b 1 where the good cause for terminating the employment relationship with immediate effect consists in breach of contract by one party, he is fully liable in damages with due regard to all claims arising under the employment relationship.2 in other eventualities the court determines the financial consequences of termination with immediate effect at its discretion, taking due account of all the circumstances.b. termination without just cause art. 337c199 1 where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration.2 such damages are reduced by any amounts that the employee saved as a result of the termination of the employment relationship or that he earned by performing other work or would have earned had he not intentionally foregone such work. 3 the court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.199 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).c. failure to take up post and departure without just cause art. 337d 1 where the employee fails to take up his post or leaves it without notice without good cause, the employer is entitled to compensation equal to one-quarter of the employee's monthly salary; in addition he is entitled to damages for any further losses.2 where the employer has suffered no losses or lower losses than the value of the compensation stipulated in the previous paragraph, the court may reduce the compensation at its discretion.3 where the claim for damages is not extinguished by set-off, it must be asserted by means of legal action or debt enforcement proceedings within 30 days of the failure to take up the post or departure from it, failing which it prescribes.2004 .201200 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).201 repealed by no i of the fa of 18 march 1988, with effect from 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).v. death of the employee or employer 1. death of the employee art. 338 1 the employment relationship ends on the death of the employee.2 however, the employer must pay the salary for a further month thereafter or, where the employee had completed more than five years of service, for a further two months, provided the employee is survived by a spouse, a registered partner, children who are minors or, in the absence of such heirs, other persons to whom he had a duty to provide support.202202 amended by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).2. death of the employer art. 338a 1 on the death of the employer, the employment relationship passes to his heirs; the provisions governing transfer of employment relationships on transfer of a business apply mutatis mutandis.2 where an employment relationship was entered into with the employer in person, it ends on his death; however, the employee may claim appropriate compensation for losses incurred as a result of the premature termination of the employment relationship.vi. consequences of termination of the employment relationship 1. maturity of claims art. 339 1 when the employment relationship ends, all claims arising therefrom fall due.2 in the case of claims for commission on transactions performed partly or entirely after the end of the employment relationship, the due date may be deferred by written agreement, albeit generally for no more than six months, or for no more than one year in the case of transactions involving performance in instalments, and for no more than two years in the case of insurance policies and transactions whose execution takes more than half a year.3 the claim for a share of the business results becomes due in accordance with article 323 paragraph 3.2. return art. 339a 1 by the time the employment relationship ends, each contracting party must return to the other everything received from him or from third parties for his account during the employment relationship.2 in particular, the employee must return motor vehicles and travel tickets and repay advances against salary and expenses to the extent that they exceed his claims.3 the contracting parties' rights of lien are unaffected.3. severance allowance a. requirements art. 339b 1 where an employment relationship with an employee of at least 50 years of age comes to an end after twenty years or more of service, the employer must pay the employee a severance allowance.2 if the employee dies during the employment relationship, such allowance is paid to the surviving spouse, registered partner or children who are minors or, in the absence of such heirs, other persons to whom he had a duty to provide support.203203 amended by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).b. amount and due date art. 339c 1 the amount of the severance allowance may be fixed by written individual agreement, standard employment contract or collective employment contract but may never be less than two months' salary for the employee.2 where the amount of the severance allowance is not fixed, the court has discretion to determine it taking due account of all the circumstances, although it must not exceed the equivalent of eight months' salary for the employee.3 the severance allowance may be reduced or dispensed with if the employee has terminated the employment relationship without good cause or the employer himself has terminated it with immediate effect for good cause or where the payment of such allowance would inflict financial hardship on him.4 the severance allowance is due on termination of the employment relationship, but the due date may be deferred by written individual agreement, standard employment contract or collective employment contract or by court order.c. benefits in lieu of allowance art. 339d 1 where the employee receives benefits from an occupational benefits scheme, these may be deducted from the severance allowance to the extent that they were funded by the employer either directly or through his contributions to the occupational benefits scheme.2042 the employer is likewise released from his obligation to make a severance allowance to the extent that he gives a binding commitment to make future benefits contributions on the employee's behalf or has a third party give such a commitment.204 amended by annex no 2 to the fa of 25 june 1982 on occupational old age, survivors' and invalidity pension provision, in force since 1 jan. 1985 (as 1983 797 827 art. 1 abs. 1; bbl 1976 i 149).vii. prohibition of competition 1. requirements art. 340 1 an employee with capacity to act may give the employer a written undertaking to refrain from engaging in any activity that competes with the employer once the employment relationship has ended and in particular to refrain from running a rival business for his own account or from working for or participating in such a business.2 the prohibition of competition is binding only where the employment relationship allows the employee to have knowledge of the employer's clientele or manufacturing and trade secrets and where the use of such knowledge might cause the employer substantial harm.2. restrictions art. 340a 1 the prohibition must be appropriately restricted with regard to place, time and scope such that it does not unfairly compromise the employee's future economic activity; it may exceed three years only in special circumstances.2 the court may at its discretion impose restrictions on an excessive prohibition of competition, taking due account of all the circumstances; in particular it will have due regard to any consideration made by the employer.3. consequences of infringement art. 340b 1 an employee who infringes the prohibition of competition must provide compensation for the resultant damage to the employer.2 where an employee who infringes the prohibition is liable to pay a contractual penalty, unless otherwise agreed he may exempt himself from the prohibition by paying it; however, he remains liable in damages for any further damage.3 where expressly so agreed in writing, in addition to the agreed contractual penalty and any further damages, the employer may insist that the situation that breaches the contract be rectified to the extent justified by the injury or threat to the employer's interests and by the conduct of the employee.4. extinction art. 340c 1 the prohibition of competition is extinguished once the employer demonstrably no longer has a substantial interest in its continuation.2 the prohibition is likewise extinguished if the employer terminates the employment relationship without the employee having given him any good cause to do so, or if the employee terminates it for good cause attributable to the employer.h. no right of waiver and prescription art. 341 1 for the period of the employment relationship and for one month after its end, the employee may not waive claims arising from mandatory provisions of law or the mandatory provisions of a collective employment contract.2 general provisions governing prescriptive periods are applicable to claims under the employment relationship.i. reservation of public law and effects under civil law art. 342 1 the following are reserved:a.205 the provisions of the confederation, cantons and communes regarding employment relationships under public law, except in respect of article 331 paragraph 5 and articles 331a-331e;b. the public law provisions of the confederation and the cantons governing work and vocational training.2 where federal or cantonal provisions governing work and vocational training impose an obligation under public law on the employer or employee, the other party has a claim under civil law for performance of said obligation if it is susceptible to inclusion in the individual employment contract.205 amended by no ii 2 of the fa of 18 dec. 1998, in force since 1 may 1999 (as 1999 1384; bbl 1998 v 5569).art. 343206 206 repealed by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).section two: special individual employment contracts a.207 the apprenticeship contract 207 amended by annex no ii 3 to the fa of 13 dec. 2002 on vocational and professional education and training, in force since 1 jan. 2004 (as 2003 4557; bbl 2000 5686).i. definition and conclusion 1. definition art. 344 an apprenticeship contract is a contract whereby the employer undertakes to provide an apprentice with the requisite training for a particular vocation and the apprentice undertakes to work in the employer's service in order to acquire such training.2. conclusion and content art. 344a 1 an apprenticeship contract is valid only if it is done in writing.2 the contract must stipulate the nature and duration of the vocational training, the salary, the probation period, the working hours and the holiday entitlement.3 the probation period must be no less than one month and no longer than three months. where not stipulated by the parties in the contract, it is three months.4 by agreement between the parties and with the consent of the cantonal authority, the probation period may exceptionally be extended before its expiry to a final duration of up to six months.5 the contract may contain other terms, in particular regarding the supply of work tools, contributions towards the costs of board and lodgings, the payment of insurance premiums and other obligations to be performed by the parties.6 any agreement restricting the apprentice's freedom to decide his vocational activities once the apprenticeship is complete is void.ii. effects 1. special obligations of the trainee and his legal representative art. 345 1 the apprentice must do his utmost to achieve the goal of the apprenticeship.2 the apprentice's legal representative must do his best to support the employer in his task and to foster a good relationship between the employer and the apprentice.2. special obligations of the employer art. 345a 1 the employer must ensure that the vocational training is supervised by a specialist with the necessary professional skills and personal qualities.2 he must without deducting any salary allow the apprentice the time required to attend technical college and take interdisciplinary courses and to sit the vocational examinations on completion of the apprenticeship.3 while the apprentice is still under the age of 20, the employer must grant him a holiday entitlement of at least five weeks per year of apprenticeship.4 he may allocate work outside the relevant vocational field and piece work to the apprentice only insofar as such work is related to the vocation in which the apprentice is being instructed and the training is not thereby impaired.iii. termination 1. early termination art. 346 1 during the probation period, the apprenticeship relationship may be terminated at any time by giving seven days' notice.2 the apprenticeship relationship may be terminated with immediate effect for good cause within the meaning of article 337, and in particular where:a. the specialist supervising the training lacks the professional skills or personal qualities required to train the apprentice;b. the apprentice does not have the physical or intellectual aptitude required for his training or if his health or morals are in doubt; the apprentice and, where applicable, his legal representative must be heard beforehand;c. the training cannot be completed or can only be completed under fundamentally different conditions.2. certificate of apprenticeship art. 346a 1 at the end of the apprenticeship, the employer must provide the apprentice with a certificate setting out the requisite information concerning the vocational training acquired and the duration of the apprenticeship.2 at the request of the apprentice or his legal representative, the certificate must also give information on the skills, achievements and conduct of the apprentice.b. the commercial traveller's contract i. definition and conclusion 1. definition art. 347 1 under a commercial traveller's contract, the commercial traveller undertakes to broker or conclude all manner of transactions on behalf of the owner of a trading, manufacturing or other type of commercial company off the employer's business premises in exchange for payment of a salary.2 any employee who is not primarily engaged in itinerant activities or who works only occasionally or temporarily for the employer or who acts as a travelling salesman for his own account is not considered a commercial traveller.2. conclusion and content art. 347a 1 the employment relationship is defined by written contract which stipulates in particular:a. the duration and termination of the employment relationship;b. the commercial traveller's authority;c. the remuneration and reimbursement of expenses;d. the applicable law and the forum, where one of the parties is resident abroad.2 in the absence of a written contract, the matters specified in the previous paragraph are determined by statutory provision and customary working conditions.3 an oral agreement is valid only with regard to the commencement of service, the nature and location of the commercial travel and other terms that do not contradict the statutory provisions or the written contract.ii. obligations and authority of the commercial traveller 1. special obligations art. 348 1 the commercial traveller must visit the clients in the prescribed manner unless there is just cause to vary it; he may neither broker nor conclude transactions on his own behalf or on behalf of a third party without the written consent of the employer.2 where the commercial traveller is authorised to conclude transactions, he must comply with the prescribed prices and other terms and conditions and must declare that any changes thereto are subject to approval by the employer.3 the commercial traveller must report regularly on his activities, pass on all orders received immediately to the employer and notify the employer of any matters of note that concern his clients.2. del credere art. 348a 1 any agreement whereby the commercial traveller is made liable for the client's payment or any other type of performance of the client's obligations or for all or part of the recovery costs is void.2 where the commercial traveller concludes transactions with private individuals, he may by means of a written undertaking assume liability in a given transaction for at most one-quarter of the losses incurred by the employer as a result of non-performance of the client's obligations, on condition that an appropriate del credere commission is agreed.3 in the case of insurance policies the travelling insurance broker may by means of a written undertaking assume liability for at most one-half of the recovery costs where a single-payment premium or premium instalments are not paid and he seeks their recovery by way of legal action or compulsory execution.3. authority art. 348b 1 unless otherwise agreed in writing, a commercial traveller only has authority to broker transactions.2 where the commercial traveller is authorised to conclude transactions, his powers extend to all legal procedures normally associated with their execution; however, without special authority he may not take receipt of payments from clients nor approve payment periods.3 article 34 of the federal act of 2 april 1908208 on insurance policies is reserved.208 sr 221.229.1iii. special obligations of the employer 1. area of activity art. 349 1 where a particular area or clientele is allocated to the commercial traveller, it is deemed to have been allocated to him exclusively unless otherwise agreed in writing; however, the employer remains authorised to enter into transactions personally within the area or clientele allocated to the commercial traveller.2 the employer may unilaterally vary the contractually stipulated area or clientele where legitimate reasons require such variation before expiry of the notice to terminate the contract; however, where this is the case, the commercial traveller is entitled to compensation and has good cause for termination of the employment relationship.2. salary a. in general art. 349a 1 the employer must pay the commercial traveller a salary consisting of a fixed salary component with or without commission.2 a written agreement whereby the salary consists exclusively or principally of commission is valid only if such commission gives appropriate remuneration for the services of the commercial traveller.3 the salary may be freely determined by written agreement for a probation period of no more than two months.b. commission art. 349b 1 where an area or clientele is allocated exclusively to a commercial traveller, the agreed or customary commission is payable to him on all transactions concluded by him or his employer within such area or clientele.2 if a particular area or clientele has not been allocated exclusively to him, the commercial traveller is entitled to commission only on transactions that he personally brokered or concluded.3 where it is not yet possible to calculate the precise value of a transaction when the commission falls due, the initial commission payable is based on the minimum value calculated by the employer, with the balance falling due at the latest when the transaction is executed.c. prevention from travelling art. 349c 1 where the commercial traveller through no fault of his own is prevented from travelling and his salary must nonetheless be paid to him by law or by contract, it is calculated on the basis of the fixed salary component plus appropriate compensation for loss of commission.2 where the commission makes up less than one-fifth of the salary, it may be agreed in writing that no compensation for loss of commission is owed to him should he be prevented from travelling through no fault of his own.3 where a commercial traveller who is prevented from travelling through no fault of his own receives his full salary, at the employer's request he must carry out work on the business premises to the extent he is capable of such work and it may reasonably be required of him.3. expenses art. 349d 1 where the commercial traveller works for several employers at the same time and there is no written agreement stipulating how expenses are to be divided, each employer must reimburse an equal share.2 any agreement stipulating that the fixed salary component or commission includes reimbursement of all or part of the expenses is void.4. special lien art. 349e 1 by way of securing claims due to him under the employment relationship and, in the event that the employer becomes insolvent, claims that are not yet due, the commercial traveller has a special lien on chattels and securities and on any payments received from clients by virtue of an authority to collect with which he has been vested.2 the lien does not extend to travel tickets, price lists, client lists and other documents.iv. termination 1. in special circumstances art. 350 1 where commission makes up at least one-fifth of a commercial traveller's salary and is subject to major seasonal fluctuations, and where the commercial traveller has worked for the employer since the end of the previous season, any notice of termination served on him by the employer during the following season may not expire until the end of the second month following the month in which it was served.2 on the same conditions, where a commercial traveller has been retained by an employer until the end of one season any notice of termination given by him during the period prior to the beginning of the following season may not expire until the end of the second month following the month in which it was served.2. special consequences art. 350a 1 at the end of the employment relationship, the commercial traveller is entitled to commission on all the transactions that he concluded or brokered and on all orders passed on to the employer before the end of the employment relationship, whatever the date of their acceptance or execution.2 the commercial traveller must return to the employer all samples, patterns and models, price lists, customer lists and other documents supplied to him for his work activities by the end of the employment relationship, subject to the right of lien.c. the homeworker's contract i. definition and conclusion 1. definition art. 351 under a homeworker's contract, the homeworker209 undertakes to work for the employer in return for a salary, such work to be carried out alone or with members of his family and in his home or on other premises of his choosing.209 term in accordance with art. 21 no 1 of the homeworking act of 20 march 1981, in force since 1 april 1983 (as 1983 108; bbl 1980 ii 282). this amendment is taken into account in art. 351-354 and 362 para. 1.2. notification of conditions art. 351a 1 before each work assignment is given to the homeworker, the employer must inform him of the applicable conditions and specifications to the extent these are not already covered by the general terms and conditions of employment; he must specify the materials to be procured by the homeworker and state in writing the amounts to be reimbursed for such materials and the salary.2 if information regarding the salary and the amounts to be reimbursed for materials procured by the homeworker is not given in writing before the work is allocated, the customary terms and conditions of employment are applicable.ii. special obligations of the home worker 1. performance of the work art. 352 1 the homeworker must start the work he has accepted on time, finish it by the agreed deadline and deliver the results to the employer.2 if the work is defective and the homeworker is at fault, he is obliged to rectify it at his own expense to the extent that the defects can be removed.2. materials and work tools art. 352a 1 the homeworker is obliged to treat the materials and tools supplied by the employer with all due care, to give account of how they are used and to return tools and unused materials to the employer.2 where in the course of his work the homeworker notes defects in the materials or tools supplied, he must inform the employer immediately and await further instructions before continuing work.3 where the materials or tools supplied have been damaged through the fault of the homeworker, he is liable to the employer at most for the replacement cost.iii. special obligations of the employer 1. acceptance of completed work art. 353 1 the employer must inspect the completed work on delivery and notify the homeworker of any defects within one week.2 where the employer fails to notify defects to the homeworker promptly, the work is deemed to have been accepted.2. salary a. payment art. 353a 1 where the homeworker is engaged by the employer on a continuous basis, the salary for the work carried out is paid twice monthly or, with the homeworker's consent, at the end of each month, and otherwise on delivery of the completed work.2 each salary payment must be accompanied by a written statement giving the reasons for any salary deductions that have been made.b. when prevented from working art. 353b 1 an employer who engages the home worker on a continuous basis is obliged pursuant to articles 324 and 324a to pay his salary in the event that the employer fails to accept his work or he is prevented from working by personal circumstances for which he is not at fault.2 in other cases the employer is not obliged to pay the salary pursuant to articles 324 and 324a.iv. termination art. 354 1 where trial work is assigned to the homeworker, unless otherwise agreed the employment relationship is deemed to have been entered into on a trial basis for a fixed period.2 unless otherwise agreed, where the homeworker is engaged by the employer on a continuous basis, the employment relationship is deemed to have been entered into for an indefinite period, and in all other cases it is deemed to have been entered into for a fixed period.d. applicability of general provisions art. 355 the general provisions governing individual employment contracts are applicable by way of supplement to apprenticeship contracts, commercial traveller's contracts and homeworker's contracts.section three: the collective employment contract and the standard employment contract a. the collective employment contract i. definition, content, form and duration 1. definition and content art. 356 1 a collective employment contract is a contract whereby employers or employers' associations and employees' associations jointly lay down clauses governing the conclusion, nature and termination of employment relationships between the employers and individual employees.2 the collective employment contract may also contain other clauses, provided they pertain to the relationship between employers and employees or are limited to the formulation of such clauses.3 further, the collective employment contract may define the mutual rights and obligations of the contracting parties and the monitoring and enforcement of the clauses specified in the previous paragraphs.4 where more than one employers' association and/or employees' association is bound by the collective employment contract either from the outset or as a result of subsequent accession with the consent of the original contracting parties, they have equal rights and obligations thereunder and any contrary agreement is void.2. freedom of association and freedom to practise a profession art. 356a 1 any clause in a collective employment contract or individual agreement between the contracting parties intended to compel an employer or employee to join a contracting association is void.2 any clause in a collective employment contract or individual agreement between the contracting parties intended to exclude or restrict the practice of a particular profession or occupation by an employee or his acquisition of the necessary vocational training is void. 3 the clauses and agreements referred to in the previous paragraph are valid by way of exception if they are justified by overriding interests that warrant protection, in particular personal health and safety or the quality of work; however, denial of access to the profession is not an interest that warrants protection.3. accession art. 356b 1 individual employers and individual employees in the service of employers bound by the collective employment contract may accede to it with the consent of the contracting parties, whereupon they become participating employers and employees.2 the collective employment contract may stipulate the rules governing such accession. unreasonable conditions attaching to accession, such as unreasonable monetary contributions, may be declared void or limited to an admissible level by the court; however, clauses and agreements intended to set contributions in favour of one individual contracting party are always void.3 any clause in a collective employment contract or individual agreement between the contracting parties intended to compel members of associations to accede to the collective employment contract is void if such associations are not entitled to become party to it or to conclude an analogous contract.4. form and duration art. 356c 1 the conclusion of a collective employment contract, its amendment and termination by mutual agreement, the accession of a new contracting party and notice to terminate the contract are valid only if done in writing, as are declarations of accession by individual employers or employees, the consent to such accession by the contracting parties pursuant to article 356b paragraph 1 and notice to withdraw from the contract.2 where the collective employment contract is open-ended and does not provide otherwise, after one year has elapsed any of the contracting parties may withdraw from it at any time by giving six months' notice, which is effective for all other parties. the same applies mutatis mutandis to parties subsequently acceding to the contract.ii. effects 1. on participating employers and employees art. 357 1 unless otherwise stipulated in the collective employment contract, its provisions relating to the formation, nature and termination of individual employment relationships are binding on the participating employers and employees for the duration of the contract and may not be derogated.2 any agreement between participating employers and employees that contradicts the compulsory provisions of the collective employment contract is void and replaced by those provisions; however, such an agreement may be valid if it is to the benefit of the employee.2. on the contracting parties art. 357a 1 the contracting parties are obliged to ensure compliance with the collective employment contract; to this end associations must exert their influence on their members and, where required, have recourse to the means placed at their disposal by their articles of association and the law.2 each contracting party has a duty to maintain harmonious industrial relations and in particular to refrain from any hostile action on matters regulated by the collective employment contract; such duty applies without restriction only where expressly so agreed.3. joint enforcement art. 357b 1 a collective employment contract concluded between associations may stipulate that each contracting party has an actionable claim against the other parties in the event that they fail to discharge their duty to ensure that the participating employers and employees abide by the contract as regards the following matters: a. the formation, nature and termination of employment relationships, in respect of which the claim is for a declaratory judgment only;b. the payment of contributions to equalisation funds or other institutions in connection with the employment relationship, the representation of employees within businesses and the maintenance of harmonious industrial relations;c. monitoring activities, the provision of security and contractual penalties in relation to the provisions set out in letters a and b.2 clauses within the meaning of the previous paragraph may be agreed where the contracting parties are expressly authorised so to do by their articles of association or resolution passed by their governing body.3 unless otherwise stipulated in the collective employment contract, the provisions governing simple partnerships are applicable mutatis mutandis to relations between the contracting parties. iii. relationship to mandatory law art. 358 the mandatory law of the confederation and the cantons takes precedence over the collective employment contract; however, other provisions may be agreed to the benefit of employees provided they do not conflict with mandatory law.b. the standard employment contract i. definition and content art. 359 1 the standard employment contract is a contract in which clauses governing the formation, nature and termination of certain types of employment relationship are laid down.2 the cantons shall draw up standard employment contracts for agricultural workers and domestic staff to regulate in particular working hours, leisure time and employment conditions for female employees and minors.3 article 358 is applicable mutatis mutandis to the standard employment contract.ii. competent authorities and procedure art. 359a 1 where the scope of application of a standard employment contract extends over more than one canton, the federal council is responsible for issuing it, but otherwise the canton is responsible.2 before being issued, the standard employment contract shall be published in an appropriate manner and a time limit set within which interested parties may submit their comments in writing; furthermore, the relevant professional associations and public bodies shall be consulted.3 the standard employment contract comes into force once it has been issued in accordance with the provisions governing official publications.4 the same procedure applies to the rescission or amendment of a standard employment contract.iii. effects art. 360 1 unless otherwise agreed, the standard employment contract applies directly to the employment relationships that it governs.2 the standard employment contract may stipulate that agreements derogating from certain of its provisions must be done in writing.iv. minimum wage 1. requirements art. 360a210 1 where the wages that are customary for a geographical area, occupation or industry are repeatedly and unfairly undercut within a particular occupation or economic sector and there is no collective employment contract laying down a minimum wage that may be declared universally binding, on application by the tripartite commission as defined in article 360b, the competent authority may issue a fixed-term standard employment contract providing for a minimum wage varied by region and, where applicable, by locality in order to combat or prevent abusive practices.2 the minimum wage must not conflict with the public interest or prejudice the legitimate interests of other economic sectors or sections of the population. it must have due regard to the minority interests of the economic sectors or occupations concerned that stem from regional and business diversity.3 in the case of repeated infringements of the provisions on the minimum wage in a standard employment contract in accordance with paragraph 1 or if there is evidence that no longer using the standard employment contract may lead to further abusive practices in terms of paragraph 1, at the request of the tripartite commission, the competent authority may extend the standard employment contract for a limited period.211210 inserted by annex no 2 to the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2004 (as 2003 1370; bbl 1999 6128).211 inserted by no ii of the fa of 30 sept. 2016, in force since 1 april 2017 (as 2017 2077; bbl 2015 5845).2. tripartite commissions art. 360b212 1 the confederation and each canton shall establish a tripartite commission consisting of an equal number of employers' and employees' representatives in addition to representatives of the state.2 employers' and employees' associations have the right to put forward candidates for selection as their representatives within the meaning of paragraph 1.3 the commissions monitor the labour market. if they observe abusive practices within the meaning of article 360a paragraph 1, they normally seek to reach agreement directly with the employers concerned. where this cannot be achieved within two months, they petition the competent authority to issue a standard employment contract fixing a minimum wage for the affected sectors or occupations.4 if labour market conditions in the affected sectors change, the tripartite commission petitions the competent authority to amend or rescind the standard employment contract.5 to enable them to discharge their responsibilities, the tripartite commissions have the right to obtain information and inspect any business document necessary to the conduct of their investigation. in the event of a dispute, a ruling is given by a body specially appointed for this purpose by the confederation or the canton, as applicable.6 where necessary for the conduct of their investigations, on application the tripartite commissions may obtain personal data contained in corporate collective employment contracts from the federal statistical office.213212 inserted by annex no 2 to the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2003 (as 2003 1370; bbl 1999 6128).213 inserted by art. 2 no 2 of the fa of 17 dec. 2004 approving and implementing the protocol relating to the extension of the agreement between the swiss confederation, of the one part, and the eu and its member states, of the other part, on the free movement of persons to new eu member states and approving the revision of the accompanying measures on the free movement of persons, in force since 1 april 2006 (as 2006 979; bbl 2004 5891 6565).3. official secrecy art. 360c214 1 the members of tripartite commissions are subject to official secrecy; in particular they are obliged to keep secret from third parties any information of a commercial or private nature gained in the exercise of their office.2 such duty of secrecy remains in force even after membership of the tripartite commission has ceased.214 inserted by annex no 2 to the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2003 (as 2003 1370; bbl 1999 6128).4. effects art. 360d215 1 the standard employment contract as defined in article 360a also applies to employees who work only temporarily within its geographical scope and to employees whose services have been loaned out.2 it is not permissible to derogate from a standard employment contract as defined in article 360a to the detriment of the employee.215 inserted by annex no 2 to the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2004 (as 2003 1370; bbl 1999 6128).5. associations' right of action art. 360e216 employers' and employees' associations have the right to apply for a declaratory judgment as to whether an employer is in compliance with the standard employment contract as defined in article 360a.216 inserted by annex no 2 to the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2004 (as 2003 1370; bbl 1999 6128).6. notification art. 360f217 a canton issuing a standard employment contract pursuant to article 360a must forward a copy to the competent federal office218.217 inserted by annex no 2 to the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2004 (as 2003 1370; bbl 1999 6128).218 now the state secretariat for economic affairs (seco).section four: mandatory provisions a. provisions from which no derogation is permissible to the detriment of the employer or the employee art. 361 1 it is not permissible to derogate from the following provisions to the detriment of either the employer or the employee by individual agreement, standard employment contract or collective employment contract:article 321c: paragraph 1 (overtime);article 323: paragraph 4 (advances);article 323b: paragraph 2 (set-off against countervailing claims);article 325: paragraph 2 (assignment and pledge of salary claims);article 326: paragraph 2 (allocation of work);article 329d: paragraph 2 and 3 (holiday pay);article 331: paragraphs 1 and 2 (employee benefits scheme contributions);article 331b: (assignment and pledge of claims to occupational benefits);219.220article 334: paragraph 3 (termination of long-term employment relationships);article 335: (termination of employment relationships);article 335k: (social plan during bankruptcy or composition proceedings)221article 336: paragraph 1 (wrongful termination);article 336a: (compensation in the event of wrongful termination);article 336b: (compensation procedure);article 336d: (termination by the employee at an inopportune juncture);article 337: paragraphs 1 and 2 (termination with immediate effect for good cause);article 337b: paragraph 1 (consequences of justified termination);article 337d: (consequences of failure to take up post or departure without just cause);article 339: paragraph 1 (maturity of claims);article 339a: (return);article 340b: paragraph 1 and 2 (consequences of infringement of the prohibition of competition);article 342: paragraph 2 (civil law effects of public law);.222article 346: (early termination of apprenticeship contract);article 349c: paragraph 3 (prevention from travelling);article 350: (termination in special cases);article 350a: paragraph 2 (return).2232 any agreement or clause of a standard employment contract or collective employment contract that derogates from the aforementioned provisions to the detriment of the employer or the employee is void.219 inserted by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).220 repealed by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, with effect from 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).221 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).222 repealed by annex no 5 to the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).223 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).b. provisions from which no derogation is permissible to the detriment of the employee article 362 1 it is not permissible to derogate from the following provisions to the detriment of the employee by individual agreement, standard employment contract or collective employment contract:224article 321e: (employee's liability);article 322a: paragraphs 2 and 3 (share in the business results);article 322b: paragraphs 1 and 2 (entitlement to commission);article 322c: (statement of commission);article 323b: paragraph 1, second sentence (salary statement);article 324: (salary where employer fails to accept work);article 324a: paragraphs 1 and 3 (salary where employee is prevented from working);article 324b: (salary where employee has compulsory insurance);article 326: paragraphs 1, 3 and 4 (piece work);article 326a: (piece work rates);article 327a: paragraph 1 (reimbursement of expenses in general);article 327b: paragraph 1 (reimbursement of expenses for motor vehicles);article 327c: paragraph 2 (advances for expenses);article 328: (protection of the employee's personality rights in general);article 328a: (protection of personality rights of employees living in the employer's household);article 328b: (protection when handling personal data);225article 329: paragraphs 1, 2 and 3 (days off work);article 329a: paragraphs 1 and 3 (holiday entitlement);article 329b: paragraphs 2 and 3 (reduction of holiday entitlement);article 329c: (consecutive weeks and timing of holidays);article 329d: paragraph 1 (holiday pay);article 329e: paragraphs 1 and 3 (leave for youth work);226article 329f: (maternity leave);227article 329g: (paternity leave);228article 329h: (leave to care for family members);229article 329i: (leave to care for a child whose health is seriously impaired by illness or accident)230article 330: paragraphs 1, 3 and 4 (security);article 330a: (reference);article 331: paragraphs 3 and 4 (contributions and information for employee benefits);article 331a: (beginning and end of insurance cover);231.232article 332: paragraph 4 (remuneration for inventions);article 333: paragraph 3 (liability in the event of transfer of employment relationships);article 335c: (notice periods)233article 335i: (duty to negotiate in order to conclude a social plan)234article 335j: (preparation of the social plan by an arbitral tribunal)235article 336: paragraph 2 (wrongful termination by the employer);article 336c: (termination by the employer at an inopportune juncture);article 337a: (termination with immediate effect because salary is at risk);article 337c: paragraph 1 (consequences of termination without just cause);article 338: (death of the employee);article 338a: (death of the employer);article. 339b: (requirements for severance allowance);article. 339d: (benefits in lieu);article. 340: paragraph 1 (requirements for prohibition of competition);article. 340a: paragraph 1 (restrictions on prohibition of competition);article. 340c: (extinction of prohibition of competition);article. 341: paragraph 1 (no right of waiver);article. 345a: (obligations of the master236);article. 346a: (certificate of apprenticeship);article. 349a: paragraph 1 (commercial traveller's salary);article. 349b: paragraph 3 (payment of commission);article. 349c: paragraph 1 (salary where prevented from travelling);article. 349e: paragraph 1 (commercial traveller's lien);article. 350a: paragraph 1 (commission on termination of the employment relationship);article. 352a: paragraph 3 (home worker's liability);article. 353: (acceptance of completed work);article. 353a: (payment of salary);article. 353b: paragraph 1 (salary where home worker is prevented from working).2372 any agreement or clause of a standard employment contract or collective employment contract that derogates from the aforementioned provisions to the detriment of the employee is void.224 amended by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of employment and caring for family members, in force since 1 jan. 2021 (as 2020 4525; bbl 2019 4103).225 inserted by annex no 2 to the fa of 19 june 1992 on data protection, in force since 1 july 1993 (as 1993 1945; bbl 1988 ii 413).226 inserted by art. 13 of the fa of 6 oct. 1989 on youth work, in force since 1 jan. 1991 (as 1990 2007; bbl 1988 i 825).227 inserted by annex no 12 annex no 1 to the fa of 3 oct. 2003, in force since 1 july 2005 (as 2005 1429; bbl 2002 7522, 2003 1112 2923).228 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of employment and caring for family members, in force since 1 jan. 2021 (as 2020 4525; bbl 2019 4103).229 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of employment and caring for family members, in force since 1 jan. 2021 (as 2020 4525; bbl 2019 4103).230 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of work and caring for family members, in force since 1 july 2021 (as 2020 4525; bbl 2019 4103).231 amended by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, in force since 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).232 repealed by annex no 2 to the fa of 17 dec. 1993 on the vesting of occupational old age, survivors' and invalidity benefits, with effect from 1 jan. 1995 (as 1994 2386; bbl 1992 iii 533).233 inserted by no ii 1 of the fa of 20 dec. 2019 on improving the compatibility of employment and caring for family members, in force since 1 jan. 2021 (as 2020 4525; bbl 2019 4103).234 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).235 inserted by the annex to the fa of 21 june 2013, in force since 1 jan. 2014 (as 2013 4111; bbl 2010 6455).236 now: the employer.237 amended by no i of the fa of 18 march 1988, in force since 1 jan. 1989 (as 1988 1472; bbl 1984 ii 551).title eleven: the contract for work and services a. definition art. 363 a contract for work and services is a contract whereby the contractor undertakes to carry out work and the customer undertakes to pay him for that work.b. effects i. contractor's obligations 1. in general art. 364 1 the contractor generally has the same duty of care as the employee in an employment relationship.2382 the contractor is obliged to carry out the work in person or to have it carried out under his personal supervision, unless the nature of the work is such that his personal involvement is not required.3 unless otherwise required by agreement or custom, the contractor is obliged to supply the resources, tools and machinery necessary for performance of the work at his own expense.238 amended by no ii art. 1 no 6 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.2. regarding materials art. 365 1 where the contractor is responsible for supplying the materials, he is liable to the customer for their quality and has the same warranty obligation as a seller.2 where materials are supplied by the customer, the contractor must treat them with all due care, give account of how they are used and return any that remain unused to the customer.3 where in the course of his work the contractor notes defects in the materials supplied or the designated construction site or any other circumstance arises which might compromise the correct or timely performance of the work, he must inform the customer immediately, failing which he himself will be liable for any adverse consequences.3. prompt commencement and contractual performance of work art. 366 1 where the contractor fails to commence the work on time or delays its performance in breach of contract or, through no fault of the customer, falls so far behind that there is no longer any prospect of completing the work on time, the customer is entitled to withdraw from the contract without waiting for the agreed delivery date.2 where during the course of the work it becomes evident that, through the fault of the contractor, the work will be performed in a manner that is defective or otherwise contrary to the agreement, the customer may set or have the court set the contractor an appropriate time limit within which to take remedial action and notify him that any failure to do so will result in the hire of a third party to take such remedial action or to complete the work at the risk and expense of the contractor.4. liability for defects a. identification of defects art. 367 1 the customer must inspect the condition of the delivered or completed work as soon as feasible in the normal course of business and must inform the contractor of any defects discovered.2 each party is entitled to request that the work be inspected by experts at his own expense and that a legal record be made of their findings.b. rights of the customer in the event of defects art. 368 1 where the work is so defective or deviates from the contractual terms to such an extent that the customer has no use for it or cannot equitably be expected to accept it, the customer may refuse acceptance and, if the contractor is at fault, seek damages.2 in the case of minor defects in the work or only slight deviations from the contractual terms, the customer may reduce the price in proportion to the decrease in its value or require the contractor to rectify the work at his own expense and to pay damages if he was at fault, provided such rectification is possible without excessive cost to the contractor.3 in the case of work carried out on the customer's land or property which by its nature cannot be removed without disproportionate detriment to the contractor, the customer has only the rights stipulated in paragraph 2.c. customer's liability art. 369 the rights accruing to the customer in respect of defects in the work are forfeited if he is at fault for such defects due to having given instructions concerning performance of the work that were contrary to the express warnings of the contractor or for any other reason.d. approval of the work art. 370 1 once the completed work has been expressly or tacitly approved by the customer, the contractor is released from all liability save in respect of defects which could not have been discovered on acceptance and normal inspection or were deliberately concealed by the contractor.2 tacit approval is presumed where the customer omits to inspect the work and give notice of defects as provided by law.3 where defects come to light only subsequently, the customer must notify the contractor as soon as he becomes aware of them, failing which the work is deemed to have been approved even in respect of such defects. e. prescription art. 371239 1 the right of the customer to bring claims due to defects in the work prescribe two years from acceptance of the work. however, the prescriptive period amounts to five years where defects in a movable object that has been incorporated in an immovable work in a manner consistent with its nature and purpose have caused the work to be defective.2 the customer's claims in respect of defects in an immovable work against both the contractor and any architect or engineer who rendered services in connection with such work prescribe five years after completion of the work. 3 otherwise the rules governing prescription of the corresponding rights of a buyer apply mutatis mutandis.239 amended by no i of the fa of 16 march 2012 (limitation periods for guarantee claims. extension and coordination), in force since 1 jan. 2013 (as 2012 5415; bbl 2011 2889 3903).ii. customer's obligations 1. due date for payment art. 372 1 the customer must pay for the work on completion or delivery.2 where the work is delivered in stages and payment in instalments has been agreed, the amount due for each stage of the work is payable on delivery thereof.2. amount of payment a. firm commitment art. 373 1 where the payment was fixed in advance as an exact amount, the contractor is obliged to perform the work for the agreed amount and may not charge more even if the work entailed more labour or greater expense than predicted.2 however, where performance of the work was prevented or seriously hindered by extraordinary circumstances that were unforeseeable or excluded according to the conditions assumed by both parties, the court may at its discretion authorise an increase in the price or the termination of the contract.3 the customer must pay the full price even where the work has entailed less labour than predicted.b. by the value of the work art. 374 where the price was not fixed in advance or fixed only as an approximate amount, it is determined according to the value of the work carried out and the expenses incurred by the contractor.c. termination i. withdrawal because estimate exceeded art. 375 1 where an estimate agreed with the contractor is exceeded by a disproportionate amount through no fault of the customer, he has the right to withdraw from the contract before or after completion.2 in the case of construction work carried out on his land or property, the customer is entitled to an appropriate reduction in the price or, if the work is not yet complete, to call a halt to the work and withdraw from the contract against equitable compensation for work already done. ii. destruction of the work art. 376 1 if by accident the work is destroyed prior to completion or delivery, the contractor is not entitled to payment for work done or of expenses incurred unless the customer is in default on acceptance of the work.2 in this case any loss of materials is borne by the party that supplied them.3 where the work has been destroyed either due to a defect in the materials supplied or the construction site designated by the customer or as a result of the method of performance prescribed by him, the contractor is entitled to payment for the work already done and of expenses incurred that were not included in the price, provided he alerted the customer to the risks in good time, and also to damages if the customer was at fault.iii. withdrawal by the customer against indemnity art. 377 the customer may withdraw from the contract at any time before the work is completed provided he pays for work already done and indemnifies the contractor in full.iv. impossibility of performance for reasons attributable to the customer art. 378 1 where completion of the work is rendered impossible by chance occurrence affecting the customer, the contractor is entitled to payment for the work already done and of expenses incurred that were not included in the price.2 where the customer is at fault for the impossibility of performance, the contractor may also claim damages.v. death or incapacity of the contractor art. 379 1 where the contractor dies or becomes incapable of finishing the work through no fault of his own, the contract for work and services lapses if it was concluded with a view to the personal attributes of the contractor.2 the customer is obliged to accept and pay for work already done to the extent it is of use to him.title twelve: the publishing contract a. definition art. 380 a publishing contract is a contract whereby the originator - the author of a literary or artistic work or his legal successor - undertakes to entrust the work to a publisher, who undertakes to reproduce and distribute it.b. effects i. transfer of copyright and warranty art. 381 1 the author's rights to the work are transferred to the publisher to the extent and for as long as required for performance of the contract.2 the originator must give warranty to the publisher that he had the right to make the work available for publication at the time the contract was concluded and, where it is subject to copyright protection, that he holds the copyright.3 where all or part of the work has already been made available for publication to a third party or the originator is aware that it has already been published, he must inform the publisher before entering into the contract.ii. originator's power of disposal art. 382 1 as long as the editions of the work to which the publisher is entitled have not yet been exhausted, the originator may not make other arrangements regarding the work or parts thereof to the publisher's detriment.2 newspaper articles or relatively short passages of magazine copy may be published elsewhere by the originator at any time.3 contributions to collections or anthologies and relatively lengthy magazine articles must not be published elsewhere by the originator within three months of the appearance in print of such contribution or article.iii. number of editions art. 383 1 where no clause was agreed that stipulates the number of editions, the publisher is entitled to produce only one.2 where nothing was agreed, the publisher determines the size of the edition but at the originator's request must print at least enough to generate reasonable sales, and once the first print run is completed he must not print any further copies.3 where the publishing contract confers publishing rights for several or all editions of a work and the publisher fails to produce a new edition after the previous edition is exhausted, the originator may have the court set a time limit for the publication of a new edition, failing which the publisher forfeits such rights.iv. publication and sale art. 384 1 the publisher is obliged to publish the work in an appropriate format without abridgment, addition or alteration, to take reasonable steps to publicise the work and to devote the customary resources in order to promote sales thereof.2 he must fix the price at his discretion but not so high as to hinder sales of the work.v. improvements and corrections art. 385 1 the author retains the right to correct and improve his work provided this does not prejudice the interests or increase the liability of the publisher, but must compensate the publisher for any unforeseen costs incurred as a result.2 the editor may not produce a new version, edition or print run of the work without having previously given the author the opportunity to improve it.vi. collected and separate editions art. 386 1 the right to publish different works by the same author separately does not entail the right to publish them together in collected edition.2 similarly, the right to publish the complete works of an author or all of his works in a given genre does not give the publisher the right to publish the individual works separately. vii. translation rights art. 387 unless otherwise agreed with the publisher, the originator retains the exclusive right to commission a translation of the work.viii. author's remuneration 1. amount art. 388 1 the originator is deemed entitled to remuneration where in the circumstances the presumption is that publication of the work would necessarily involve such remuneration.2 the amount thereof is fixed by the court on the basis of expert opinion.3 where the publisher is entitled to produce several editions, the presumption is that the level of remuneration and the other terms and conditions for subsequent editions are the same as for the first edition.2. due date for payment, record of sales and complimentary copies art. 389 1 the remuneration is payable as soon as the complete work or, in the case of works appearing in separate parts (volumes, fascicles, issues), each part thereof is printed and ready for distribution.2 where the remuneration is made partly or entirely contingent on expected sales, the publisher is obliged to produce the customary record of sales with corroborating documentation.3 unless otherwise agreed, the originator is entitled to receive the customary number of complimentary copies.c. termination i. destruction of the work art. 390 1 if the work is destroyed by chance after delivery to the publisher, he remains obliged to pay the author's remuneration.2 if the author has a second copy of the destroyed work, he must make it available to the publisher, and otherwise he must recreate the work where this is possible with little effort.3 in either case he is entitled to appropriate compensation.ii. destruction of the edition art. 391 1 if an edition already produced by the publisher is partly or entirely destroyed by chance prior to its distribution, the publisher is entitled to replace the destroyed copies at his own expense without giving rise to a claim for additional remuneration on the part of the originator.2 the publisher is obliged to replace the destroyed copies where this is possible without disproportionate expense.iii. grounds for termination pertaining to the person of the author or the publisher art. 392 1 the contract is extinguished on the death or incapacity of the author before the work is completed or in the event that the author is prevented from completing it through no fault of his own.2 by way of exception, the court may authorise the full or partial continuation of the contract, where this is deemed both feasible and equitable, and order any necessary measures.3 in the event of the publisher's bankruptcy, the originator may entrust the work to another publisher unless he is furnished with security for performance of the publishing obligations not yet due at the time bankruptcy proceedings were commenced.d. work on a project originated by the publisher art. 393 1 where one or more authors accept a commission to work on a project originated by a publisher, they are entitled only to the agreed remuneration.2 the publisher owns the copyright to the work as a whole.title thirteen: the agency contract section one: the simple agency contract a. definition art. 394 1 an agency contract is a contract whereby the agent undertakes to conduct certain business or provide certain services in accordance with the terms of the contract.2 contracts for the provision of work or services not covered by any other specific type of contract are subject to the provisions governing agency.3 remuneration is payable where agreed or customary.b. conclusion of the contract art. 395 an agency contract is deemed to have been accepted where it has not been declined immediately and relates to business which is conducted by the agent by official appointment or on a professional basis or for which he has publicly offered his services.c. effects i. scope of agency art. 396 1 unless expressly defined by the contract, the scope of the agency is determined by the nature of the business to which it relates.2 in particular, it includes the authority to carry out such transactions as are required for performance of the contract.3 the agent requires special authority to agree a settlement, accept an arbitration award, contract bill liabilities, alienate or encumber land or make gifts.240240 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).ii. obligations of the agent 1. compliance with instructions art. 397 1 an agent who has received instructions from the principal on how to conduct the business entrusted to him may deviate from them only to the extent that circumstances prevent him from obtaining the principal's permission and that he may safely assume such permission would have been forthcoming had the principal been aware of the situation.2 where such conditions are not satisfied and the agent nevertheless deviates from the principal's instructions to the latter's detriment, the agency contract is deemed to have been performed only if the agent accepts liability for the resultant damage.1bis. duty to notify art. 397a241 if it is anticipated that the principal will become permanently incapable of judgement, the agent must notify the adult protection authority at the principal's domicile if such notification appears appropriate in order to safeguard the interests concerned.241 inserted by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).2. faithful performance a. in general art. 398 1 the agent generally has the same duty of care as the employee in an employment relationship.2422 the agent is liable to the principal for the diligent and faithful performance of the business entrusted to him.3 he must conduct such business in person unless authorised or compelled by circumstance to delegate it to a third party or where such delegation is deemed admissible by custom.242 amended by no ii art. 1 no 7 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.b. in the event of delegation art. 399 1 an agent who has delegated the business entrusted to him to a third party without authority is liable for the latter's actions as if they were his own.2 where such delegation was authorised, he is liable only for any failure to act with due diligence when selecting and instructing the third party.3 in both cases, claims held by the agent against the third party may be enforced by the principal directly against the third party.3. account of agency art. 400 1 the agent is obliged at the principal's request, which may be made at any time, to give an account of his agency activities and to return anything received for whatever reason as a result of such activities.2 he must pay interest on any sums which he is late in forwarding to the principal.4. transfer of acquired rights art. 401 1 where the agent acting on the principal's behalf acquires claims in his own name against third parties, such claims pass to the principal provided he has fulfilled all his obligations towards the agent under the agency relationship.2 the same applies in relation to the agent's assets if the agent is bankrupt.3 similarly, where the agent is bankrupt, the principal may claim chattels of which the agent took possession in his own name but on the principal's behalf, subject to the agent's own rights of lien.iii. obligations of the principal art. 402 1 the principal is obliged to reimburse the agent for expenses incurred in the proper performance of the agency contract plus interest and to release him from obligations entered into.2 the principal must also compensate the agent for any damage incurred in performance of the agency contract unless the principal can prove that the damage occurred through no fault of his own.iv. liability of joint principals and agents art. 403 1 where several persons conclude an agency contract as principals, they are jointly and severally liable to the agent.2 where several persons conclude an agency contract as agents, they are jointly and severally liable to the principal and, save to the extent they are authorised to delegate to third parties, may commit the principal only through joint action.d. termination i. grounds 1. revocation, termination art. 404 1 the agency contract may be revoked or terminated at any time by either party.2 however, a party doing so at an inopportune juncture must compensate the other for any resultant damage.2. death, incapacity, bankruptcy art. 405 1 unless otherwise agreed or implied by the nature of the agency business, the agency contract ends on loss of capacity to act, bankruptcy, death or declaration of presumed death of the principal or the agent.2432 however, where termination of the agency contract jeopardises the principal's interests, the agent, his heir or his representative is obliged to continue conducting the agency business until such time as the principal, his heir or his representative is able to conduct it himself.243 amended by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).ii. effects of extinction of the contract art. 406 actions taken by the agent before he became aware of the termination of the agency contract are binding on the principal or his heir as if the contract had still been in force.section onebis:244 the marriage or partnership brokerage contract 244 inserted by annex no 2 to the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).a. definition and applicable law art. 406a 1 a person assuming the role of agent under a marriage or partnership brokerage contract undertakes, in exchange for remuneration, to introduce the principal to persons who are potential spouses or long-term partners.2 the provisions governing simple agency contracts are applicable by way of supplement to marriage or partnership brokerage contracts.b. introduction of or to foreign nationals i. costs of return journey art. 406b 1 where the person to be introduced travels from or to a foreign destination, the agent must reimburse the costs of the return journey if this takes place within six months of arrival.2 where the local authority has borne such costs, it is subrogated to the claim held by the person introduced against the agent.3 the agent may claim reimbursement of such travel costs from the principal only up to the maximum amount stipulated in the contract.ii. duty to obtain a licence art. 406c 1 professional marriage and partnership brokerage activities involving foreign nationals require a licence issued by the authority designated by cantonal law and are regulated by that authority.2 the federal council issues the implementing provisions and determines in particular:a. licence requirements and durations;b. the penalties imposed on the agent in the event of infringements;c. the obligation of the agent to furnish security for the costs of repatriating persons introduced under the contract.c. form and content of the contract art. 406d the contract must be done in writing and contain the following information:1. the name and address of each party;2. the number and nature of the services that the agent undertakes and the amount of the remuneration and costs, in particular registration fees, corresponding to each service;3. the maximum amount owed to the agent by way of reimbursement for his defraying the costs of return journeys of persons travelling to or from foreign countries (art. 406b);4. the terms of payment;5.245 the right of the principal to give written notice of the revocation of his offer to enter into the contract or of his acceptance of the offer without compensation within 14 days;6.246 the stipulation that the agent is prohibited from accepting any payment before the 14-day period has expired; 7. the right of the principal to terminate the contract at any time, subject to any liability in damages arising from termination at an inopportune juncture.245 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).246 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).d. entry into force, revocation, notice of termination art. 406e247 1 the contract does not become binding on the principal until 14 days after he receives a duplicate signed by both parties. the agent must not accept any payment from the principal before the 14-day period has expired. 2 during the period under paragraph 1, the principal may give written notice of the revocation of his offer to enter into the contract or of his acceptance of the offer. any advance waiver of this right is invalid. in addition, the provisions on the consequences of revocation (art. 40f) apply mutatis mutandis.3 notice of termination must be done in writing.247 amended by no i of the fa of 19 june 2015 (revision of the right of revocation), in force since 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).e. . art. 406f248 248 repealed by no i of the fa of 19 june 2015 (revision of the right of revocation), with effect from 1 jan. 2016 (as 2015 4107; bbl 2014 921 2993).f. information and data protection art. 406g 1 before the contract is signed and throughout its duration, the agent must inform the principal of any particular difficulties pertaining to the latter's personal circumstances that might arise in the performance of the obligations thereunder.2 when processing the principal's personal data, the agent is bound by a duty of discretion; the provisions of the federal act of 19 june 1992249 on data protection are reserved.249 sr 235.1g. reduction art. 406h where excessive remuneration or expenses have been agreed, the principal may apply to the court to reduce these to an appropriate amount.section two: the letter of credit and the loan authorisation a. letter of credit art. 407 1 the provisions governing agency and payment instructions are applicable to letters of credit in which the principal instructs the addressee to pay a specified person the sums requested by the latter, whether or not a maximum amount is stipulated.2 where the letter of credit does not stipulate a maximum amount and obviously disproportionate amounts are requested, the addressee must notify the principal and withhold payment pending further instructions.3 the instruction conveyed by means of a letter of credit is deemed to have been accepted only where acceptance of a specified amount has been declared.b. loan authorisation i. definition and form art. 408 1 where a person has received and accepted an order to act as an agent in granting or renewing a loan to a third party in his own name and for his own account but on the authorisation of the principal, the principal is liable for the payee's obligation in the same manner as a surety, provided that the agent has not exceeded his authority.2 the principal incurs such liability only where the authorisation was given in writing.ii. incapacity of payee to enter into a contract art. 409 the principal may not plead as defence against the agent the fact that the payee did not have personal capacity to enter into the contract.iii. payment extension granted on own authority art. 410 the principal ceases to be liable for the obligation where the agent has on his own authority granted the payee an extension of the term of payment or has neglected to proceed against him as instructed by the principal.iv. borrower and principal art. 411 the legal relationship between the principal and the third party granted a loan is subject to the provisions governing the legal relationship between the surety and the principal debtor.section three: the brokerage contract a. definition and form art. 412 1 a brokerage contract is a contract whereby the broker is instructed to alert the principal to an opportunity to conclude a contract or to facilitate the conclusion of a contract in exchange for a fee.2 the brokerage contract is generally subject to the provisions governing simple agency contracts.b. broker's fee i. when due art. 413 1 the broker's fee becomes payable as soon as the information he has given or the intermediary activities he has carried out result in the conclusion of the contract.2 where the contract is concluded subject to a condition precedent, the fee becomes due only once such condition has been satisfied.3 where the principal has contractually undertaken to reimburse the broker's expenses, the broker may request such reimbursement even if the transaction fails to materialise.ii. fixing the fee art. 414 where the amount of remuneration is not stipulated, the parties are deemed to have agreed a fee determined by the tariff of fees, where such exists, and otherwise by custom.iii. forfeiture art. 415 where the broker acts in the interests of a third party in breach of the contract or procures a promise of remuneration from such party in circumstances tantamount to bad faith, he forfeits his right to a fee and to any reimbursement of expenses.iv. . art. 416250 250 repealed by annex no 2 to the fa of 26 june 1998, with effect from 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).v. excessive fees art. 417251 where an excessive fee has been agreed for identifying an opportunity to enter into or facilitating the conclusion of an individual employment contract or a purchase of land or buildings, on application by the debtor the court may reduce the fee to an appropriate amount.251 amended by no ii, art. 1, no 8 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.c. reservation of cantonal law art. 418 the cantons reserve the right to enact special regulations governing stockbrokers, official brokers and employment agencies.section four:252 the commercial agency contract 252 inserted by no i of the fa of 4 feb. 1949, in force since 1 jan. 1950 (as 1949 i 802; bbl 1947 iii 661). see also the final and transitional provisions of title xiii, at the end of this code.a. general i. definition art. 418a 1 an agent is a person who undertakes to act on a continuous basis as an intermediary for one or more principals in facilitating or concluding transactions on their behalf and for their account without entering into an employment relationship with them.2532 unless otherwise agreed in writing, the provisions of this section also apply to persons acting as agents by way of secondary occupation. the provisions governing del credere, prohibition of competition and termination of contracts for good cause may not be excluded to the detriment of the agent.253 amended by no ii art. 1 no 8 and 9 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.ii. applicable law art. 418b 1 the provisions governing brokerage contracts apply by way of supplement to agents acting as intermediaries and those governing commissions apply by way of supplement to agents acting as proxies.2 .254254 repealed by no 1 let. b of the annex to the fa of 18 dec. 1987 on private international law (ipla ), with effect from 1 jan. 1989 (as 1988 1776; bbl 1983 i 263).b. obligations of the agent i. general and del credere art. 418c 1 the agent must safeguard the principal's interests with the diligence of a prudent businessman.2 except where otherwise agreed in writing, the agent may also act for other principals.3 he may assume liability for the client's payment or any other type of performance of the client's obligations or for all or part of the costs of recovering receivables only by means of a written undertaking. the agent thereby acquires an inalienable entitlement to adequate special remuneration.ii. duty of discretion and prohibition of competition art. 418d 1 the agent must not exploit or reveal the principal's trade secrets with which he has been entrusted or of which he became aware by reason of the agency relationship even after the end of the commercial agency contract.2 the provisions governing service contracts are applicable mutatis mutandis to a contractual prohibition of competition. where such a prohibition has been agreed, on termination of the contract the agent has an inalienable entitlement to adequate special remuneration.c. powers of representation art. 418e 1 the agent is considered to be authorised only to facilitate transactions, to receive notices of defects and other declarations whereby clients exercise or reserve their rights in respect of defective performance by the principal, and to exercise the principal's rights to secure evidence thereof.2 by contrast, the agent is not considered to be authorised to accept payments, to grant time limits for payments or to agree other modifications of the contract with clients.3 articles 34 and 44 paragraph 3 of the federal act of 2 april 1908 on insurance policies255 are reserved.255 sr 221.229.1d. obligations of the principal i. in general art. 418f 1 the principal must do everything in his power to enable the agent to perform his activities successfully. in particular, he must furnish the agent with the necessary documentation.2 he must notify the agent immediately if he anticipates that the number and/or volume of transactions that will be possible or desirable is likely to be substantially smaller than was agreed or to be expected in the circumstances.3 where a particular area or clientele is allocated to the agent, it is allocated to him exclusively unless otherwise agreed in writing.ii. commission 1. on business facilitated and concluded a. scope and entitlement art. 418g 1 the agent is entitled to the agreed or customary commercial agent's commission or sales commission on all transactions that he facilitated or concluded during the agency relationship and, unless otherwise agreed in writing, on transactions concluded during the agency relationship by the principal without the agent's involvement but with clients acquired by him for transactions of that kind.2 an agent to whom a particular area or clientele has been allocated exclusively is entitled to the agreed commission or, in the absence of such an agreement, the customary commission on all transactions concluded during the agency relationship with clients belonging to that area or clientele.3 unless otherwise agreed in writing, the entitlement to the commission is established as soon as the transaction has been validly concluded with the client.b. lapse of entitlement art. 418h 1 the agent's entitlement to commission lapses subsequently where the execution of a concluded transaction is prevented for reasons not attributable to the principal.2 by contrast, the agent is not entitled to any commission where no consideration is given in return for the principal's performance, or where the consideration is so limited that the principal cannot reasonably be expected to pay any commission.c. due date art. 418i unless otherwise provided by agreement or custom, the commission falls due at the end of the calendar half-year in which the transaction was concluded, whereas in insurance business the commission falls due when the first annual premium has been paid.d. statement of commission art. 418k 1 where the agent is not obliged by written agreement to draw up a statement of commission, the principal must provide him with a written statement as at each due date indicating the transactions on which commission is payable.2 on request, the agent must be granted access to the books of account or supporting documents that are relevant to such statement. the agent may not waive this right in advance.2. collection commission art. 418l 1 unless otherwise provided by agreement or custom, the agent is entitled to a collection commission on any amounts he collects and delivers to the principal in accordance with the latter's instructions.2 at the end of the agency relationship the agent loses his authority to collect payments and his entitlement to further collection commission.iii. inability to work art. 418m 1 the principal is obliged to pay the agent appropriate compensation if, in breach of his legal or contractual obligations, he is at fault in preventing the agent from earning the volume of commission that was agreed or to be expected in the circumstances. any agreement to the contrary is void.2 where an agent who is permitted to represent only one principal at a time is prevented from working through no fault of his own by illness, swiss compulsory military service or similar reasons, he is entitled for a relatively short period to adequate compensation for loss of income, provided the commercial agency contract has lasted for at least one year. the agent may not waive this right in advance.iv. costs and expenses art. 418n 1 unless otherwise provided by agreement or custom, the agent is not entitled to reimbursement of costs and expenses incurred in the normal performance of his duties, but is entitled to reimbursement of those incurred as a result of special instructions issued by the principal or in the capacity of agent without authority for the principal, such as freight charges and customs duties.2 the duty to reimburse costs and expenses obtains even where the transaction fails to materialise.v. special lien art. 418o 1 by way of securing claims due to him under the commercial agency relationship and, in the event that the principal becomes insolvent, claims that are not yet due, the agent has a special lien on chattels and securities that he holds pursuant to the contract and on any payments received from clients by virtue of an authority to collect with which he has been vested, and this right of lien may not be waived in advance.2 the lien does not extend to price lists and client lists.e. termination i. expiry of duration art. 418p 1 where the commercial agency contract was concluded for a fixed term or its duration is limited by virtue of its purpose, it ends without notice on expiry of that term.2 where a fixed-term commercial agency contract is tacitly extended by both parties on expiry of its duration, it is deemed to have been renewed for the same duration subject to a maximum of one year.3 where termination is subject to prior notice, failure by both parties to give notice is deemed tacit renewal of the contract.ii. notice of termination 1. in general art. 418q 1 where the commercial agency contract was not concluded for a fixed term and its duration is not limited by virtue of its purpose, it may be terminated by either party during the first year of the contract by giving one month's notice expiring at the end of the following calendar month. any agreement of a shorter notice period must be done in writing.2 where the contract has lasted for at least one year, it may be terminated by giving two months' notice expiring at the end of a calendar quarter. however, the parties may agree a longer notice period or a different termination date.3 the notice period must be the same for both the principal and the agent.2. for good cause art. 418r 1 the principal and the agent may at any time terminate the contract with immediate effect for good cause.2 the provisions governing service contracts are applicable mutatis mutandis.iii. death, incapacity, bankruptcy art. 418s 1 the agency relationship ends on the death or incapacity of the agent or the bankruptcy of the principal.2 where in essence the agency relationship was entered into with the principal in person, it ends on his death.iv. claims of the agent 1. commission art. 418t 1 unless otherwise provided by agreement or custom, the agent is entitled to commission on orders subsequently placed by a client acquired by him during the agency relationship only if such orders are placed before the end of the commercial agency contract.2 on termination of the agency relationship, all the agent's claims for commission or reimbursement of expenses fall due.3 a later due date may be agreed in writing for commission on transactions to be performed in full or in part after the agency relationship has ended.2. compensation for clientele art. 418u 1 where the agent's activities have resulted in a substantial expansion of the principal's clientele and considerable benefits accrue even after the end of the agency relationship to the principal or his legal successor from his business relations with clients acquired by the agent, the agent or his heirs have an inalienable claim for adequate compensation, provided this is not inequitable.2 the amount of such claim must not exceed the agent's net annual earnings from the agency relationship calculated as the average for the last five years or, where shorter, the average over the entire duration of the contract.3 no claim exists where the agency relationship has been dissolved for a reason attributable to the agent.v. duty of restitution art. 418v by the time the agency relationship ends, each contracting party must return to the other everything received from him or from third parties for his account during the relationship. the contracting parties' rights of lien are unaffected.title fourteen: agency without authority a. rights and obligations of the agent i. manner of execution art. 419 any person who conducts the business of another without authorisation is obliged to do so in accordance with his best interests and presumed intention.ii. liability of the agent in general art. 420 1 the agent is liable for negligence.2 however, where the agent acted in order to avert imminent damage to the principal, his liability is judged more leniently.3 where agency activities are carried out against the express or otherwise recognisable will of the principal and the prohibition was neither immoral nor illegal, the agent is also liable for chance occurrences unless he can prove that they would have occurred even without his involvement.iii. liability of agents lacking capacity to enter into contracts art. 421 1 where the agent lacked the capacity to enter into contractual commitments, he is liable for his agency activities only to the extent that he is enriched or alienated the enrichment in bad faith.2 further liability in tort is reserved.b. position of the principal i. agency in the principal's best interests art. 422 1 where agency activities were in the best interests of the principal, he is obliged to reimburse the agent for all expenses that were necessary or useful and appropriate in the circumstances plus interest, to release him to the same extent from all obligations assumed and to compensate him at the court's discretion for any other damage incurred.2 provided the agent acted with all due care, the claim accrues to him even if the intended outcome was not achieved.3 where the agent's expenses are not reimbursed, he has the right of repossession in accordance with the provisions governing unjust enrichment.ii. business conducted in the agent's interests art. 423 1 where agency activities were not carried out with the best interests of the principal in mind, he is nonetheless entitled to appropriate any resulting benefits.2 the principal is obliged to compensate the agent and release him from obligations assumed only to the extent the principal is enriched.iii. approval of agency activities art. 424 where the agent's actions are subsequently approved by the principal, the provisions governing agency become applicable.title fifteen: the commission contract a. buying and selling commission i. definition art. 425 1 a buying or selling commission agent is a person who, in return for a commission, buys or sells chattels or securities in his own name but for the account of another (the principal).2 the provisions governing agency apply to the commission agency relationship, unless otherwise provided in this title.ii. obligations of the commission agent 1. duty of notification, insurance art. 426 1 the commission agent must keep the principal informed and in particular must notify him immediately of the performance of the commission contract.2 he is obliged to insure the goods on commission only where so instructed by the principal.2. treatment of goods on commission art. 427 1 where the goods for sale on commission are evidently defective, the commission agent must safeguard the rights of recourse against the carrier, secure evidence of the defective condition of the goods, preserve the goods where possible and notify the principal immediately.2 if the commission agent omits to discharge these obligations, he is liable for any damage caused by such omission.3 where there is a risk that the goods for sale on commission will rapidly deteriorate, the commission agent has the right and, should the interests of the principal so require, the obligation to arrange their sale with the assistance of the competent authority of the place where the goods are located.3. pricing by the principal art. 428 1 where the commission agent sells goods below the minimum price instructed, he is liable to the principal for the difference unless he can prove that such sale averted damage that the principal would otherwise have incurred and that he was unable to seek the principal's instructions in the time available.2 furthermore, where the commission agent is at fault, he must compensate the principal for any other damage caused by the breach of contract.3 where the commission agent buys at a lower price or sells at a higher price than instructed by the principal, he is not permitted to retain the profit but must credit it to the principal.4. advances and loans to third parties art. 429 1 a commission agent who makes cash advances or extends credit to a third party without the consent of the principal does so at his own risk.2 however, where sale on credit is the customary commercial practice at the place of sale, the commission agent is entitled to sell on credit unless the principal has instructed otherwise.5. del credere art. 430 1 except where he extends credit without authority, the commission agent is liable for the debtor's payment or performance of other obligations only to the extent that he has expressly assumed such liability or if this is a customary commercial practice at his place of business.2 a commission agent who assumes liability for performance by the debtor is entitled to special remuneration (del credere commission).iii. rights of the commission agent 1. reimbursement of advances and expenses art. 431 1 the commission agent is entitled to reimbursement of all advances, expenses and other costs incurred on the principal's behalf plus interest on all such amounts.2 he may also claim remuneration for storage and transport costs, though not for the wages of his employees.2. commission a. entitlement art. 432 1 the commission agent is entitled to commission on execution of the transaction or failure to execute it for a reason attributable to the principal.2 in the case of transactions that could not be executed for other reasons, the commission agent is entitled to remuneration for his endeavours only to the extent provided for by local custom.b. forfeiture and conversion into transaction for own account art. 433 1 the commission agent forfeits his right to commission if he has acted improperly towards the principal and in particular if he has secured an inflated purchase price or a deflated sale price.2 moreover, in both these cases the principal has the right to take action against the commission agent himself as buyer or seller.3. special lien art. 434 the commission agent has a special lien in respect of the goods on commission and the sale proceeds.4. sale of goods at auction art. 435 1 where the goods on commission remain unsold or the order to sell is withdrawn and the principal fails to take them back or otherwise dispose of them within a reasonable time, the commission agent may apply to the competent authority at the place where the goods are located to arrange to have them sold at auction.2 the auction may be ordered without first hearing the principal if neither he nor a representative is present at that location.3 however, official notice must be served on the principal before the auction is held, unless the goods in question are susceptible to rapid deterioration.5. agent acting for his own account a. pricing and commission art. 436 1 unless otherwise instructed by the principal, a commission agent instructed to buy or sell goods, bills of exchange or other securities with a quoted exchange or market price is entitled, in his own capacity as seller, to deliver the goods he is instructed to buy or, in his own capacity as buyer, to purchase the goods he is instructed to sell.2 in both cases, the commission agent must account for the exchange or market price that applied at the time the instruction was executed and is entitled to both the usual commission and reimbursement of the expenses normally incurred in commission business.3 in other respects the transaction is treated as a contract of sale.b. presumption of trading for own account art. 437 where the commission agent is permitted to act for his own account and he notifies the principal that the instruction has been executed without naming another person as buyer or seller, the presumption is that he himself has assumed the obligations of the buyer or seller.c. lapse of right to trade for own account art. 438 the commission agent is not permitted to act as buyer or seller if the principal has withdrawn his instruction and the notice of withdrawal reached the commission agent before he dispatched the notice of execution.b. forwarding contract art. 439 a forwarding agent or carrier who in return for payment undertakes to carry or forward goods for the consignor's account but in his own name is regarded as a commission agent but is subject to the provisions governing contracts of carriage in relation to the forwarding of the goods.title sixteen: the contract of carriage a. definition art. 440 1 a carrier is a person who undertakes to transport goods in return for payment (freight charge).2 the provisions governing agency apply to contracts of carriage unless otherwise provided in this title.b. effects i. obligations of the carrier 1. required information art. 441 1 the consignor must give the carrier precise details of the address of the consignee and the place of delivery, the number, type of packaging, weight and content of packages, the delivery date and the transport route, as well as the value of any valuable objects.2 the consignor is liable for any detriment arising from missing or inaccurate details.2. packaging art. 442 1 the consignor ensures that the goods are properly packaged.2 he is liable for the consequences of defects in packaging that are not externally apparent.3 by contrast, the carrier is liable for the consequences of defects that were externally apparent if he accepted the goods without reservation.3. power of disposal over freight art. 443 1 while the goods are in the carrier's possession, the consignor has the right to reclaim them against compensation for the carrier for expenses incurred and any detriment resulting from their repossession, except where:1. a bill of lading has been issued by the consignor and delivered to the consignee by the carrier;2. the consignor has arranged for an acknowledgement of receipt to be issued by the carrier and cannot return it;3. the carrier has sent the consignee written notice that the goods have arrived and are ready for collection;4. the consignee has requested delivery of the goods after they have arrived at destination.2 in these cases the carrier is obliged to comply solely with the consignee's instructions, although where the consignor has arranged for an acknowledgement of receipt to be issued by the carrier and the goods have not yet arrived at destination, the carrier is bound by such instructions only if the acknowledgement of receipt has been delivered to the consignee.ii. position of the carrier 1. treatment of freight a. delivery not possible art. 444 1 where the goods are rejected, the associated claims remain unpaid or the consignee cannot be contacted, the carrier must inform the consignor and in the interim place the goods in storage or deposit them with a third party at the risk and expense of the consignor.2 if neither consignor nor consignee disposes of the goods within a reasonable period, in the same manner as a commission agent the carrier may apply to the competent authority at the place where the goods are located to arrange to have them sold in favour of the rightful beneficiary.b. sale art. 445 1 where the goods are likely to deteriorate rapidly or their probable value does not cover the associated costs, the carrier must without delay arrange for official confirmation of that fact and may arrange for the sale of the goods in the same manner as when delivery is not possible.2 where possible, the interested parties must be informed that such sale has been ordered.c. liability art. 446 when exercising the rights conferred on him with regard to the handling of the goods, the carrier must safeguard the interests of their owner to the best of his ability and is liable in damages for any fault on his part.2. liability of the carrier a. loss or destruction of the goods art. 447 1 if the goods are lost or destroyed, the carrier must compensate their full value unless he can prove that the loss or destruction resulted from the nature of the goods or through the fault of the consignor or the consignee or occurred as a result of instructions given by either or of circumstances which could not have been prevented even by the diligence of a prudent carrier.2 the consignor is deemed to be at fault if he fails to inform the carrier of any especially valuable freight goods.3 agreements stipulating an interest in excess of the full value of the goods or an amount of compensation lower than their full value are reserved.b. delay, damage, partial destruction art. 448 1 subject to the same conditions and reservations as apply to the loss or destruction of goods, the carrier is liable for any damage resulting from late delivery, damage in transit or the partial destruction of the goods.2 unless specifically agreed otherwise, the damages claimed may not exceed those for total loss.c. liability for sub-contractors art. 449 the carrier is liable for all accidents and errors occurring during the carriage of goods, regardless of whether he transports them to the final destination or sub-contracts the task to another carrier, subject to right of recourse against the sub-contractor to whom goods are entrusted.3. duty of notification art. 450 the carrier must notify the consignee immediately on arrival of the goods.4. lien art. 451 1 where the consignee disputes claims attaching to the goods, he may demand delivery only if the disputed amount is deposited with the court.2 the deposited amount replaces the goods with regard to the carrier's lien.5. forfeiture of liability claims art. 452 1 unconditional acceptance of the goods and payment of the freight charge extinguish all claims against the carrier, except in cases of deliberate deceit or gross negligence.2 furthermore, the carrier remains liable for damage that is not externally apparent where such damage is discovered within the time in which, in the circumstances, the consignee was able or might reasonably be expected to inspect the goods, provided he notifies the carrier immediately on discovering such damage.3 however, such notification must be given no later than eight days after delivery.6. procedure art. 453 1 in any dispute, the competent authority at the place where the goods are located may, at the request of either party, order that the goods be deposited with a third party or, where necessary, sold after their condition has been established.2 the sale may be forestalled by satisfying all claims allegedly attaching to the goods or by depositing the amount of such claims with the court.7. prescription of actions for damages art. 454 1 actions for damages against the carrier prescribe one year after the scheduled delivery date in the case of destruction, loss or delay and one year after the date on which the goods were delivered to the consignee in the case of damage.2 the consignee and the consignor may always assert their claims against the carrier by way of defence, provided that objections are lodged within one year and that the claim is not extinguished by acceptance of the goods.3 the above does not apply to cases of malice or gross negligence on the part of the carrier.c. state-owned and licensed carriers art. 455 1 carriers operating under state licence are not empowered to exclude or restrict in advance the application of the provisions governing the carrier's liability to their own benefit by means of special agreement or regulations governing their operations.2 however, the parties may derogate contractually from said provisions to the extent permitted by this title.3 the special provisions governing contracts for the carriage of goods by providers of postal services, the railways and steamers are unaffected.256256 amended by annex no ii 2 of the postal services act of 17 dec. 2010, in force since 1 oct. 2012 (as 2012 4993; bbl 2009 5181).d. use of state transport facilities art. 456 1 any carrier or forwarding agent who uses a state transport facility to perform carriage obligations he has assumed or who assists in the carriage of goods by such a facility is subject to the special provisions governing freight transport that apply to that facility.2 however, any agreement to the contrary between the carrier or forwarding agent and the principal is unaffected.3 this article does not apply to road hauliers.e. liability of the forwarding agent art. 457 a forwarding agent who uses a state transport facility in order to perform obligations under a contract of carriage may not deny liability on grounds of insufficient right of recourse where right of recourse was forfeited through his own fault.title seventeen: registered power of attorney and other forms of commercial agency a. registered power of attorney i. definition and conferral art. 458 1 a registered attorney is a person who has been expressly or tacitly granted the authority to conduct operations and to sign per procuration on behalf of a trading, manufacturing or other commercial business by its owner.2 the owner of the business must give notice of the granting of the power of attorney for entry in the commercial register but is bound by the actions of the registered attorney even before it is entered.3 the granting of authority to conduct other kinds of business or transactions also requires entry of the attorney in the commercial register.ii. scope of authority art. 459 1 in dealings with bona fide third parties, the registered attorney is deemed authorised to commit the owner of the business by signing bills of exchange and to carry out on his behalf all types of transaction that fall within the scope of the commercial operations and business affairs of the owner. 2 the registered attorney is not authorised to alienate or encumber immovable property unless expressly vested with such powers.iii. restrictions art. 460 1 the registered power of attorney may be limited to the business affairs of a specific branch.2 it may be conferred on two or more persons collectively (joint power of attorney) such that the signature of one attorney is not binding on the principal unless others participate in the transaction as prescribed.3 other limitations of authority have no legal effect on bona fide third parties.iv. withdrawal art. 461 1 any withdrawal of the power of attorney must be entered in the commercial register, even where no entry was made of its conferral.2 as long as such withdrawal has not been registered and published, the registered power of attorney remains in force as against bona fide third parties.b. other forms of commercial agency art. 462 1 where the owner of a trading, manufacturing or other commercial establishment appoints a person to represent him in managing the affairs of the business as a whole or in carrying out certain transactions on behalf of the business without granting that person a registered power of attorney, the agency authority of the representative extends to all activities that fall within the normal scope of the commercial operations of the business or are normally connected with the transactions in question.2 however, a commercial agent is not authorised to sign bills of exchange, take out loans or conduct litigation unless expressly granted such powers. c. . art. 463257 257 repealed by no ii art. 6 no 1 of the fa of 25 june 1971, with effect from 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.d. prohibition of competition art. 464 1 a registered attorney or commercial agent appointed to manage the affairs of the business as a whole or employed by the owner of the business may not without the owner's consent engage in transactions for his own account or that of a third party in the economic sectors in which the owner himself is active.2582 in the event of any violation of this provision, the owner of the business may seek compensation for the resultant damage and appropriate the relevant transactions for his own account.258 amended by no ii art. 1 no 10 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.e. extinction of power of attorney and other forms of commercial agency art. 465 1 the registered power of attorney and authority to act as commercial agent may be revoked at any time without prejudice to rights accruing to the parties concerned under any existing individual contract of employment, partnership agreement, agency agreement or the like.2592 the death or incapacity of the owner of the business does not extinguish the registered power of attorney or authority to act as commercial agent.259 amended by no ii art. 1 no 11 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.title eighteen: the payment instruction a. definition art. 466 by means of a payment instruction, the recipient of the instruction (agent) is authorised to transfer money, securities or other fungibles for the account of the party issuing the instruction (principal) to the payee and the payee is authorised to receive them in his own name.b. effects i. relations between principal and payee art. 467 1 where the purpose of the payment instruction is to redeem a debt owed by the principal to the payee, the debt is redeemed only once the agent has made the transfer.2 however, where the payee has accepted a payment instruction, he may assert his claim against the principal only if he called for payment from the agent but did not receive it before expiry of the term stipulated in the payment instruction.3 a creditor who does not wish to accept a payment instruction received from his debtor must notify the debtor immediately in order to avoid liability in damages.ii. obligations of the agent art. 468 1 an agent who notifies the payee that he accepts the payment instruction unreservedly is obliged to pay the payee and may raise against him only such objections as arise from their personal relationship or from the terms of the payment instruction, not objections arising from his relationship with the principal.2 an agent who is indebted to the principal is obliged to comply with the payment instruction, provided that in doing so his own position is in no way prejudiced.3 even in this case the agent is not obliged to declare his acceptance prior to payment, unless otherwise agreed with the principal.iii. duty to notify non-payment art. 469 where the agent refuses to make the payment called for by the payee or declares in advance that he will not make it, the payee must notify the principal immediately in order to avoid liability in damages.c. revocation art. 470 1 the principal may revoke the payment instruction as against the payee unless he issued it in order to redeem a debt to the payee or otherwise in favour of the latter.2 he may revoke it as against the agent provided the agent has not notified the payee of his acceptance.2bis unless the regulations of a payment system provide otherwise, a payment instruction in a cashless transaction becomes irrevocable as soon as the transfer amount is debited from the principal's account.2603 in the event of bankruptcy proceedings against the principal, payment instructions that have not yet been accepted are deemed revoked.260 inserted by annex no 3 of the uncertificated securities act of 3 oct. 2008, in force since 1 oct. 2009 (as 2009 3577; bbl 2006 9315).d. payment instructions relating to securities art. 471 1 the provisions of this title apply to payment instructions made out to the bearers of negotiable securities on the premise that each such bearer is considered to be the payee in relation to the agent, whereas the rights as between the principal and the payee are established only in respect of each transferor and transferee.2 the special provisions governing cheques and payment instructions similar in nature to bills of exchange are unaffected.title nineteen: the contract of bailment a. bailment in general i. definition art. 472 1 a contract of bailment is a contract in which the bailee undertakes to take receipt of a chattel entrusted to him by the bailor and to keep it in a safe place.2 the bailee may claim remuneration only where this has been expressly stipulated or was to be expected in the circumstances.ii. obligations of the bailor art. 473 1 the bailor must reimburse the bailee for expenses incurred in performance of the contract.2 he is liable to the bailee for damage caused by the bailment unless he can prove that such damage occurred through no fault of his own.iii. obligations of the bailee 1. prohibition of use art. 474 1 the bailee may not use the deposited chattel without the bailor's consent.2 if he does, he must pay the bailor adequate compensation and is liable for any chance occurrence unless he can prove that such occurrence would have affected the chattel in any event.2. return a. rights of the bailor art. 475 1 the bailor may reclaim the bailed chattel together with any growth or accrual thereto at any time, even where a fixed term was agreed for the bailment.2 however, the bailor must reimburse the bailee for expenses incurred with a view to bailment over the agreed term.b. rights of the bailee art. 476 1 the bailee may return the bailed chattel before expiry of the stipulated term only where unforeseen circumstances render the bailee unable to keep the chattel safely or without detriment to himself.2 where no term was agreed for the bailment, the bailee may return the chattel at any time.c. place of return art. 477 the bailed chattel is returned at the risk and expense of the bailor at the same place where it was to be kept.3. liability of joint bailees art. 478 where several bailees have jointly received a chattel in bailment, they are jointly and severally liable.4. third-party rights of title art. 479 1 if a third party claims title to the bailed chattel, the bailee remains obliged to return it to the bailor unless it has been attached by court order or the third party has brought action to establish title against the bailor.2 in this event, the bailee must inform the bailor immediately.iv. official receiver art. 480 where two or more persons, with a view to protecting their rights, deposit an object whose legal status is disputed or uncertain in bailment with a third party (official receiver), the latter may return it only with the consent of the interested parties or as directed by the court.b. bailment of fungibles art. 481 1 where money is deposited with the express or tacit agreement that the bailee is not obliged to return precisely the same notes and coin but merely the same sum of money, all attendant risks and benefits pass to the bailee.2 a tacit agreement is presumed if the sum of money was unsealed and open when deposited.3 where other fungibles or securities are deposited in bailment, the bailee has power to dispose of them only if expressly authorised so to do by the bailor.c. warehousing business i. right to issue documents of title to goods art. 482 1 a warehouse keeper who publicly offers warehousing services may apply to the competent authority for the right to issue documents of title to the goods kept in storage.2 these documents of title to goods are securities that confer the right to take delivery of the goods stored.3 they may be made out to a named person, to order or to bearer.ii. warehouse keeper's duty of safe-keeping art. 483 1 a warehouse keeper has the same duty of care in relation to stored goods as a commission agent.2 where feasible, he must inform the bailor of any changes in the condition of the goods that call for further measures.3 he must allow the bailor to inspect the goods and to take test samples during business hours and to take measures necessary to preserve the goods at any time.iii. intermingling of stored goods art. 484 1 a warehouse keeper may mix fungibles with other items of the same kind and quality only if expressly authorised so to do.2 each bailor may reclaim a number corresponding to his deposit from any goods thus intermingled.3 the warehouse keeper may make the required division without the involvement of the other bailors.iv. rights of the warehouse keeper art. 485 1 the warehouse keeper is entitled to the agreed or customary warehouse fee and to reimbursement of all expenses not resulting from the actual storage of the goods (freight charges, customs duties, repairs).2 such expenses must be reimbursed immediately, whereas the warehouse fee is payable in arrears for every three months of storage and in any event whenever all or some of the goods are reclaimed.3 the warehouse keeper's claims are secured by a lien on the goods, provided he remains in possession of the goods or may dispose of them by means of a document of title to goods.v. return of the goods art. 486 1 the warehouse keeper has the same obligation to return the goods as an ordinary bailee, except that he remains bound to observe the contractual storage duration even where an ordinary bailee would be entitled to return them sooner owing to unforeseen circumstances.2 where a document of title to goods has been issued, the warehouse keeper is entitled and obliged to release the goods only to the beneficiary named therein.d. inns, hotels and stables i. liability of hoteliers 1. conditions and scope art. 487 1 innkeepers and hoteliers who provide accommodation for persons not known to them are liable for any damage, destruction or misappropriation of personal effects brought onto the premises by their guests unless they can prove that such damage is attributable to the guest himself or to his visitors, companions or staff or to force majeure or to the nature of the objects in question.2 however, the liability for personal effects brought onto the premises by guests is subject to an upper limit of 1,000 francs for each guest where no fault can be ascribed to the innkeeper or hotelier or his staff.2. specific liability for valuables art. 488 1 where valuables, large sums of money or securities are not deposited with the innkeeper or hotelier, the latter is only liable for them if he or his staff are at fault.2 where he accepts or declines the deposit of such items, he is liable for their full value.3 where the guest cannot reasonably be expected to deposit such items, the innkeeper or hotelier is liable for them as for the other personal effects of the guest.3. end of liability art. 489 1 the guest's claims are forfeited if he fails to report any damage to the innkeeper or hotelier immediately.2 the innkeeper or hotelier may not exempt himself from liability by posting disclaimer notices on the premises or making such liability dependent on conditions not specified in law.ii. liability of stable owners art. 490 1 owners of stables are liable for any damage, destruction or misappropriation of animals, vehicles and their appurtenances entrusted to or otherwise received by them or by their staff unless they can prove that such damage is attributable to the bailor or his visitors, companions or staff or to force majeure or to the nature of the animals or objects deposited.2 however, liability for animals, vehicles and appurtenances accommodated in stables is subject to a maximum of 1,000 francs for each bailor where no fault can be ascribed to the stable owner or his staff.iii. lien art. 491 1 innkeepers, hoteliers and stable owners have a lien on the animals and objects brought onto their premises as security for their claims in connection with accommodation and storage.2 the provisions governing the landlord's or lessor's right of lien apply mutatis mutandis.title twenty:261 the contract of surety 261 amended by no 1 of the fa of 10 dec. 1941, in force since 1 july 1942 (as 58 279 644; bbl 1939 ii 841). see also the transitional provisions for this title at the end of this code.a. requirements i. definition art. 492 1 under a contract of surety, the surety undertakes as against the creditor of the principal debtor to vouch for performance of the obligation.2 a contract of surety presupposes the existence of a valid primary obligation. a future or conditional obligation may be guaranteed by means of a contract of surety provided that the primary obligation takes effect.3 a person standing surety for performance of an obligation resulting from a contract that is not binding on the principal debtor as a result of error or incapacity to make a contract is liable for such obligation, subject to the conditions and doctrines of the law governing surety, if he was aware of the defect vitiating the contract at the time he gave his commitment. the same applies to any person who stands surety for performance of an obligation that is time-barred for the principal debtor.4 unless the law provides otherwise, the surety may not waive in advance the rights conferred on him under this title.ii. form art. 493 1 the contract of surety is valid only where the surety makes a written declaration and indicates in the surety bond the maximum amount for which he is liable.2 where the surety is a natural person, his declaration must additionally be done in the form of a public deed in conformity with the rules in force at the place where the instrument is drawn up. where the liability under surety does not exceed the sum of 2,000 francs, it is sufficient for the surety to indicate the amount for which he is liable and the existence of joint and several liability, if any, in his own hand in the surety bond itself.3 contracts of surety in favour of the confederation or its public institutions or in favour of a canton for the performance of public law obligations, such as customs duties, taxes and the like, and for freight charges merely require the written declaration of the surety and an indication in the surety bond itself of the amount for which he is liable.4 where the total liability is divided into smaller amounts in order to circumvent the formal requirement of a public deed, the formal requirements for contracts of surety for such partial amounts are the same as those prescribed for the total.5 the sole formal requirement for subsequent amendments to the surety, except where the total liability is increased or the surety is transformed from a simple surety into a joint and several surety, is that they be done in writing. where the principal obligation is assumed by a third party such that the debtor is released, the contract of surety is extinguished unless the surety has consented in writing to such assumption.6 the formal requirements applicable to the contract of surety also apply to the conferral of special authority to enter into a contract of surety and the promise to stand surety for the contracting party or a third party. the parties may agree in writing to limit the surety's liability to that portion of the principal obligation that is satisfied first.7 the federal council may cap the fee payable for drawing up the surety bond as a public deed.iii. spouse's consent art. 494 1 a married person may validly stand as surety only with the written consent of his spouse given in advance or at the latest simultaneously, unless the spouses are separated by court judgment.2 . 2623 the spouse's consent to subsequent amendments of a contract of surety is required only where the total liability is to be increased or a simple surety is to be transformed into a joint and several surety, or where the effect of the amendment is to diminish the level of security substantially.4 the same applies mutatis mutandis to registered partners.263262 repealed by no i of the fa of 17 june 2005 (sureties. spouse's consent), with effect from 1 dec. 2005 (as 2005 5097; bbl 2004 4955 4965). 263 amended by annex no 11 to the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).b. substance i. particularities of different types of surety 1. simple surety art. 495 1 the creditor may resort to a simple surety only if, after the surety was provided, the debtor is declared bankrupt or obtains a debt restructuring moratorium, or is the object of debt enforcement proceedings instigated with due diligence by the creditor which have resulted in the issue of a definitive certificate of loss, or has relocated his domicile abroad and can no longer be sued in switzerland, or legal action against him in foreign courts has been substantially impeded as a result of such relocation.2 where the claim is secured by pledges, a simple surety may require that the creditor satisfy his claim first from such pledges, provided the debtor has not been declared bankrupt or obtained a debt restructuring moratorium.3 where the surety has undertaken solely to cover any shortfall suffered by the creditor (indemnity bond), he may not be sued unless a definitive certificate of loss has been issued against the principal debtor or the latter has relocated his domicile abroad and can no longer be sued in switzerland, or legal action against him in foreign courts has been substantially impeded as a result of such relocation. where a composition agreement has been concluded, the surety may be sued for the remitted portion of the principal obligation immediately on the entry into force of the composition agreement.4 agreements to the contrary are reserved.2. joint and several surety art. 496 1 where a person stands surety for an obligation by appending the words "joint and several" or an equivalent phrase, the creditor may resort to him before suing the principal debtor and before realising property given in pledge provided the principal debtor has defaulted on his debt payments and has been issued with payment reminders to no avail or is manifestly insolvent.2 the creditor may resort to the surety before realising pledged chattels and debts only to the extent that these are deemed by the court unlikely to cover the debt or where such sequence was agreed or where the debtor has been declared bankrupt or obtained a debt restructuring moratorium.3. co-surety art. 497 1 where two or more persons stand surety for a single divisible principal obligation, each of them is liable as simple surety for his share and as collateral surety for the shares of the others.2 where they have assumed joint and several liability by agreement with the principal debtor or among themselves, each of them is liable for the whole obligation. however, a co-surety may refuse to pay more than his share where debt enforcement proceedings have not been commenced against all other jointly and severally liable co-sureties who entered into the contract of surety before him or at the same time and who may be sued for the obligation in switzerland. he has the same right if his co-sureties have paid their share or furnished real security. unless otherwise agreed, a co-surety who has paid his share has a right of recourse against other jointly and severally liable co-sureties to the extent that each of them has not yet paid his share. this right may be exercised before recourse against the principal debtor.3 where it was apparent to the creditor that the surety entered into the contract on condition that others would stand surety with him for the same principal obligation, the surety is released if such condition is not fulfilled or if subsequently one of the co-sureties is released from his liability by the creditor or if his undertaking is declared invalid. in this last case the court may also, on grounds of equity, simply adjudicate that the surety's liability be reduced by an appropriate amount.4 where several persons have independently agreed to stand surety for the same principal obligation, each of them is liable for the whole amount of his own commitment. however, unless otherwise agreed, a surety who pays such amount has a right of recourse against the others for their respective shares.4. collateral surety and counter-surety art. 498 1 a collateral surety who stands surety to the creditor for performance of the obligation assumed by the primary surety is liable together with the latter in the same way as a simple surety is liable with the principal debtor.2 a counter-surety stands surety for the right of recourse against the debtor accruing to the primary surety who honours his commitment.ii. common provisions 1. relationship between the surety and the creditor a. scope of liability art. 499 1 in all cases, the surety's liability is limited to the maximum amount indicated in the surety bond.2 unless otherwise agreed, he is liable up to this limit for:1. the amount of the principal obligation, including the legal consequences of any fault or default on the part of the principal debtor, but not for damage resulting from the extinction of the contract and any contractual penalty unless this was expressly agreed;2. the costs of debt enforcement proceedings and legal action brought against the principal debtor, provided that the surety was given timely opportunity to avoid them by satisfying the creditor, and, where applicable, for the costs of delivering pledges and transferring liens;3. interest at the contractually agreed rate up to a maximum of the interest payable for the current year and the previous year or, where applicable, for the annual payments due for the current year and the previous year.3 unless otherwise provided by the contract or dictated by the circumstances, the surety is liable only for the principal debtor's obligations arising after the contract of surety was concluded. b. reduction of liability by court order art. 500 1 unless otherwise agreed at the outset or by subsequent amendment, the amount for which a surety who is a natural person is liable decreases every year by three per cent or, where the claim is secured by mortgage, by one per cent of the original maximum liability. in all cases where the surety is a natural person, the amount decreases in at least the same proportion as the obligation.2 this does not apply to contracts of surety in favour of the confederation or its public institutions or in favour of a canton for the performance public law obligations such as customs duties, taxes and the like, and for freight charges, or to contracts of surety for the performance of official and civil service obligations or for obligations of variable amount, such as current accounts and contracts for delivery by instalments, and for periodic, recurrent obligations.c. resort to the surety art. 501 1 the creditor may not apply to the surety in respect of the principal obligation before the date fixed for its payment even if such date is brought forward following the principal debtor's bankruptcy.2 under a contract of surety of any type, in exchange for furnishing real security, the surety may request that the court suspend the debt enforcement proceedings against him until all pledges have been realised and a definitive certificate of loss has been issued against the principal debtor or a composition agreement has been concluded with the creditors.3 where the principal obligation may not fall due without notice being served by the creditor or the principal debtor, the time limit for the surety does not commence until the date on which he receives such notice.4 where the obligation of a principal debtor residing abroad is annulled or restricted by foreign legislation, such as by provisions relating to clearing systems or a ban on currency transfers, a surety resident in switzerland may also rely on such legislation unless he has waived this defence.d. defences art. 502 1 the surety is entitled and obliged to plead against the creditor all defences open to the principal debtor or his heirs which are not based on the insolvency of the principal debtor. suretyship for obligations that are not binding on the principal debtor owing to error or incapacity to make a contract or for time-barred obligations is reserved.2 where the principal debtor waives a defence that is open to him, the surety may nevertheless plead it.3 where the surety fails to plead defences open to the principal debtor, he forfeits his right of recourse to the extent that such defences would have released him from liability unless he can prove that he was unaware of them through no fault of his own.4 a person who stands surety for an obligation that is not actionable because it stems from gambling or betting may plead the same defences as are open to the principal debtor even if he was aware of that defect.e. creditor's duty of diligence and duty to release documents and pledges art. 503 1 where the liens and other securities and preferential rights furnished when the contract of surety is concluded or subsequently obtained from the principal debtor for the specific purpose of securing the claim under surety are reduced by the creditor to the detriment of the surety, the latter's liability is decreased by an equal amount unless it can be proven that the damage is less. claims for restitution of the over-paid amount are unaffected.2 moreover, in the case of contracts of surety for the performance of official and civil service obligations, the creditor is liable to the surety if, as a result of his failure to supervise the employee as required or to act with the diligence that could reasonably be expected of him, the obligation arose or increased to an extent that it would not have otherwise reached.2643 on being satisfied by the surety, the creditor is required to furnish him with such documents and information as are required to exercise his rights. the creditor must also release to him the liens and other securities furnished when the contract of surety was concluded or subsequently obtained from the principal debtor for the specific purpose of securing the claim under surety or must take the requisite measures to facilitate their transfer. this does not apply to liens and rights of pledge held by the creditor in relation to other claims where they take precedence over those of the surety.4 where the creditor refuses without just cause to take such measures or has alienated the available evidence or the pledges and other securities for which he is responsible in bad faith or through gross negligence, the surety is released from his liability. he may demand the return of sums already paid and seek compensation for any further damage incurred.264 amended by no ii art. 1 no 12 of the fa of 25 june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241). see also the final and transitional provisions of title x, at the end of this code.f. right to demand acceptance of payment art. 504 1 as soon as the principal obligation falls due, even as a result of the bankruptcy of the principal debtor, the surety may at any time demand that the creditor accept satisfaction from him. where several persons stand surety for an obligation, the creditor is obliged to accept even a part payment, provided it at least equals the share of the surety offering payment.2 where the creditor refuses without just cause to accept payment, the surety is released from his liability. in this event the liability of all other jointly and severally liable co-sureties is decreased by the amount of his share.3 if the creditor is prepared to accept satisfaction, the surety may pay him even before the principal obligation falls due. however, the surety has no right of recourse against the principal debtor until the obligation falls due.g. creditor's duty to notify and to register his claim in bankruptcy and composition proceedings art. 505 1 where the debtor is six months in arrears in the payment of capital, interest accrued over half a year or an annual repayment, the creditor must notify the surety. the creditor must inform the surety of the status of the principal obligation on request.2 in the event of bankruptcy or composition proceedings concerning the principal debtor, the creditor must register his claim and do everything conscionable to safeguard his rights. he must inform the surety of the bankruptcy or debt restructuring moratorium as soon as he himself learns of it.3 should the creditor fail to take any of these actions, he forfeits his claims against the surety to the extent of any damage to the latter resulting from such failure.2. relationship between surety and principal debtor a. right to security and release art. 506 the surety may require that the principal debtor furnish security and demand his release from liability once the principal obligation falls due:1. where the principal debtor breaches the agreements made with the surety, and in particular his promise to release the surety by a certain date;2. where the principal debtor is in default or has relocated his domicile abroad and legal action against him in foreign courts has been substantially impeded as a result;3. where the surety faces substantially greater risks than when he agreed to offer the surety because of a deterioration in the principal debtor's financial situation, a decrease in the value of the security furnished or the fault of the principal debtor.b. surety's right of recourse aa. in general art. 507 1 the surety is subrogated to the creditor's rights to the extent that he has satisfied him. the surety may exercise these as soon as the obligation falls due.2 however, unless otherwise agreed, he is subrogated only to those liens and other securities which had been furnished when the contract of surety was concluded or were subsequently obtained from the principal debtor for the specific purpose of securing the claim. if on paying only part of the debt the surety is subrogated to only part of a lien, the part remaining with the creditor takes precedence over that of the surety.3 special claims and defences arising from the legal relationship between the surety and the principal debtor are reserved.4 where a pledge securing a claim under surety is realised or the owner of the pledge pays voluntarily, he may only have recourse against the surety for such payment where an agreement to this effect was reached between the pledgor and the surety or the pledge was given subsequently by a third party.5 the prescriptive period for the surety's right of recourse commences on satisfaction of the creditor by the surety.6 the surety has no right of recourse against the principal debtor for payment of any obligation that is not actionable or not binding on the principal debtor as a result of error or incapacity to make a contract. however, if he has assumed liability for a time-barred obligation at the behest of the principal debtor, the latter is liable to him pursuant to the provisions governing agency.bb. surety's duty to notify art. 508 1 where the surety pays the principal obligation in full or in part, he must notify the principal debtor.2 if he fails to do so and the principal debtor pays it again because he was not and could not be expected to be aware of the surety's payment, the surety forfeits his right of recourse against the principal debtor.3 this does not affect any claim against the creditor for unjust enrichment.c. termination of the contract of surety i. by operation of law art. 509 1 the surety is released as soon as the principal obligation is extinguished for whatever reason.2 where the same person is both principal debtor and surety, the creditor retains the special privileges conferred by the contract of surety.3 any surety given by a natural person is extinguished once twenty years have elapsed from the date on which the contract was entered into. this does not apply to contracts of surety in favour of the confederation or its public institutions or in favour of a canton for the performance of public law obligations such as customs duties, taxes and the like, and for freight charges, or to contracts of surety for the performance of official and civil service obligations and for periodic, recurrent obligations.4 during the final year of this period, the creditor may resort to the surety even where a longer duration was agreed for the contract of surety, unless the surety has previously extended the contract or replaced it with a new one.5 the contract of surety may be extended by means of a written declaration by the surety for an additional period of no more than ten years. however, the written declaration is valid only if done no earlier than one year before the contract expires.6 where the principal obligation becomes payable less than two years before the contract of surety expires and the creditor was unable to give notice to terminate it sooner, under a contract of surety of any type the creditor is entitled to resort to the surety without prior recourse to the principal debtor or the pledges. however, the surety has a right of recourse against the principal debtor even before the principal obligation becomes payable.ii. fixed-term contract of surety; revocation art. 510 1 a contract of surety for a future obligation may be revoked by the surety at any time by means of a written declaration to the creditor, provided that the obligation has not yet arisen, where the principal debtor's financial situation has substantially deteriorated since the contract was concluded or where it subsequently transpires that his financial situation is substantially worse than the surety had in good faith assumed. contracts of surety for the performance of official and civil service obligations may no longer be revoked once the official or civil service relationship has come into being.2 the surety is liable to compensate the creditor for any damage resulting from the fact that he relied in good faith on the contract of surety.3 where a contract of surety is concluded for a fixed term, the surety's liability is extinguished if the creditor fails to assert his claim at law within four weeks of the expiry of such term and to pursue it without significant interruption.4 where the obligation is not due at that juncture, the surety may exempt himself from liability only by furnishing real security.5 if he fails to do so, the contract of surety remains valid, subject to the provision governing the maximum duration of contracts of surety, as if the agreed duration had been until the obligation falls due.iii. open-ended contract of surety art. 511 1 where a contract of surety is concluded for an indefinite term, once the principal debtor's obligation falls due the surety may, where action may be brought only on such conditions, request that the creditor assert his claim within a period of four weeks, instigate proceedings to realise any existing pledges and pursue his claim without significant interruption.2 in the case of claims that fall due on expiry of a period of notice served by the creditor, once one year has elapsed since the contract of surety was concluded, the surety has the right to request that the creditor serve notice and, once the obligation is due, exercise his rights in accordance with para. 1.3 the surety is released if the creditor does not comply with such request.iv. contracts of surety for official and civil service obligations art. 512 1 a contract of surety for the performance of official obligations concluded for an indefinite term may be terminated subject to one year's notice expiring at the end of a term of office.2 where there is no fixed term of office, the surety may terminate the contract by giving one year's notice expiring at the end of a four-year period commencing when the office was taken up.3 a person standing surety for the performance of civil service obligations for an indefinite term has the same right to give notice of termination as under an open-ended contract of surety for official obligations.4 agreements to the contrary are unaffected.title twenty-one: gambling and betting a. no actionable claim art. 513 1 gambling and betting do not give rise to a claim.2 the same applies to advances or loans knowingly made for the purposes of gambling or betting and to contracts for difference and transactions for delivery of commodities or securities that are speculative in character.b. debentures and voluntary payment art. 514 1 a promissory note or bill of exchange signed by the gambler or bettor to cover the sum gambled or bet may not be enforced even following delivery of the instrument, subject to the rights that securities confer on bona fide third parties.2 a voluntary payment may be reclaimed only where the intended gambling or betting activity could not take place as a result of chance occurrence or the actions of the recipient, or where the latter has committed an impropriety.c. lotteries and prize draws art. 515 1 lotteries and prize draws give rise to a claim only where they have been approved by the competent authority.2 in the absence of such approval, the claim is treated as a gambling claim.3 lotteries or draws authorised abroad do not enjoy legal protection in switzerland unless the competent swiss authority has authorised the sale of tickets.d. gambling in casinos, loans from casinos art. 515a265 games of chance in casinos give rise to claims where they take place in a casino licensed by the competent authority.265 inserted by annex no 5 to the gambling act of 18 dec. 1998, in force since 1 april 2000 (as 2000 677; bbl 1997 iii 145).title twenty-two: life annuity and the lifetime maintenance agreements a. life annuity agreement i. nature art. 516 1 a life annuity may be created for the lifetime of the annuitant, the grantor or a third party.2 in the absence of any specific agreement, the presumption is that it is settled for the life of the annuitant.3 unless otherwise agreed, an annuity settled for the life of the grantor or of a third party passes to the heirs of the annuitant.ii. formal requirement art. 517 the life annuity agreement is valid only if done in writing.iii. rights of the annuitant 1. exercise of entitlement art. 518 1 unless otherwise agreed, the life annuity is payable every six months in advance.2 if the person on whom the life annuity is settled dies before the end of the period for which it is payable in advance, the grantor owes the full amount.3 if the grantor is declared bankrupt, the annuitant may assert his entitlements by bringing a capital claim for the amount that would be required at the time the grantor is declared bankrupt to establish an equivalent contract of annuity with a reputable annuity institution.2. assignment266 266 amended by annex no 6 to the fa of 16 dec. 1994, in force since 1 jan. 1997 (as 1995 1227; bbl 1991 iii 1).art. 519 1 unless otherwise agreed, the life annuitant may assign his rights.2 .267267 repealed by annex no 6 to the fa of 16 dec. 1994, with effect from 1 jan. 1997 (as 1995 1227; bbl 1991 iii 1).iv. life annuities under the law governing insurance policies art. 520 the provisions of this code governing life annuity agreements do not apply to life annuity agreements subject to the federal act of 2 april 1908268 on insurance policies, with the exception of the provision governing withdrawal of annuity entitlements.268 sr 221.229.1b. lifetime maintenance agreement i. definition art. 521 1 a lifetime maintenance agreement is a contract in which the beneficiary undertakes to transfer an estate or individual assets to the settlor in return for an undertaking to provide maintenance and care for his lifetime.2 if the settlor is appointed heir to the beneficiary, the entire relationship is subject to the provisions governing contracts of succession.ii. conclusion 1. form art. 522 1 the lifetime maintenance agreement must be done in the same form as a contract of succession, even where it does not involve the designation of an heir.2 however, where it is concluded with a licensed care home on conditions approved by the competent authority, written form is sufficient.2. security art. 523 a beneficiary who transfers land to the other party retains a statutory lien on the property as security for his claims in the same manner as a seller.iii. content art. 524 1 the beneficiary becomes part of the settlor's household and the settlor is obliged to provide him such benefits as he might reasonably expect to receive in the light of the value of the assets transferred and his previous standard of living.2 the settlor is obliged to provide the beneficiary with appropriate accommodation and maintenance and, in the event of his illness, with the necessary care and medical treatment.3 subject to approval by the competent authority, care homes may adopt house rules whereby such benefits are incorporated as generally binding contractual terms.iv. challenge and reduction art. 525 1 a lifetime maintenance agreement may be challenged by persons to whom the beneficiary has a legal duty of maintenance where conclusion of the agreement would deprive the beneficiary of the means of discharging such duty.2 instead of rescinding the agreement, the court may order the settlor to maintain such persons, with any such maintenance being brought into account against the benefits owed to the beneficiary under the lifetime maintenance agreement.3 actions in abatement by heirs and legal challenges by creditors are reserved.v. termination 1. notice art. 526 1 the lifetime maintenance agreement may be terminated by either party at any time subject to six months' notice, where according to the agreement the performance of one party is substantially greater in value than that of the other and the party benefiting from such imbalance cannot show that the other intended it as a gift.2 the decisive criterion here is the relation between the capital and the life annuity according to the principles applied by any reputable annuity institution.3 performance already rendered at the time of termination is returned after its capitalised value plus interest has been set off.2. unilateral termination art. 527 1 either party may unilaterally terminate the agreement where the relationship has become unconscionable as a result of breach of contractual obligations or where other good cause has rendered its continuation exceedingly difficult or impossible.2 where the agreement is terminated on such grounds, the party at fault must pay adequate compensation to the innocent party in addition to returning the performance received.3 instead of rescinding the agreement, at the request of one party or of its own accord the court may dissolve the joint household and award a life annuity to the beneficiary by way of compensation.3. termination on the death of the settlor art. 528 1 on the death of the settlor the beneficiary may within one year insist that the agreement be terminated.2 in this event, he has a claim against the heirs equivalent to the claim he would have in the event of the settlor's bankruptcy.vi. non-transferable claim, asserting claim in the event of bankruptcy and seizure art. 529 1 the beneficiary's claim is non-transferable.2 in the event of the settlor's bankruptcy, the beneficiary has a claim equivalent to the capital that would be required to acquire from a reputable annuity institution a life annuity equal in value to the benefits owed to him by the settlor.3 in the case of debt enforcement by attachment, the beneficiary may participate in the attachment in respect of this claim without need to bring prior enforcement proceedings.title twenty-three: the simple partnership a. definition art. 530 1 a partnership is a contractual relationship in which two or more persons agree to combine their efforts or resources in order to achieve a common goal.2 a simple partnership within the meaning of this title is any partnership that does not fulfil the distinctive criteria of any of the other types of partnership codified herein.b. relationship between partners i. contributions art. 531 1 each partner must make a contribution, which may be money, objects, claims or labour.2 unless otherwise agreed, contributions must be equal and of the nature and size required to achieve the partnership's purpose.3 the bearing of risk by and warranty obligations of the partners are governed mutatis mutandis by the rules on leases where a contribution involves the transfer by an individual partner of the use of an object, and by the rules governing contracts of sale where it involves transfer of title.ii. profit and loss 1. profit sharing art. 532 each partner is obliged to share with his fellow partners any profit which by nature belongs to the partnership.2. participation in profits and losses art. 533 1 unless otherwise agreed, each partner has an equal share in profits and losses regardless of the nature and amount of his contribution.2 where only the partner's share in the profits or his share in the losses is agreed, such agreement applies to both.3 it is permitted to agree that a partner whose contribution to the common purpose consists of labour will participate in the profits but not in the losses.iii. partnership resolutions art. 534 1 partnership resolutions are made with the consent of all partners.2 where the partnership agreement provides for resolutions to be passed by majority vote, it is defined as a numerical majority of the partners.iv. management of partnership business art. 535 1 all partners have the right to manage the partnership unless the task is entrusted exclusively to one or more partners or to third parties by agreement or resolution.2 where all or several partners have the right to manage the partnership, each of them may act without the involvement of the others, although every other partner authorised to manage the partnership has the right to object to and thereby forestall any management action before it is carried out.3 the unanimous consent of all the partners is required to appoint a general attorney or to carry out transactions which transcend the scope of ordinary business, unless there is risk in delay.v. liability between partners 1. prohibition of competition art. 536 no partner may carry out transactions for his own benefit which thwart or obstruct the purpose of the partnership.2. claims arising from partnership activities art. 537 1 where one partner incurs expenses or contracts liabilities in connection with affairs conducted on behalf of the partnership or suffers losses as a direct consequence of his management activities or the intrinsically associated risks, the other partners share his liability.2 a partner who makes cash advances on behalf of the partnership may claim interest as of the date on which they were made.3 by contrast, he is not entitled to remuneration for his personal services.3. due diligence art. 538 1 each partner must conduct partnership affairs with the diligence and care that he would normally devote to his own affairs.2 he is liable to the other partners for any damage caused through his fault and may not set off against such damage the benefits obtained for the partnership in his other activities.3 managing partners who are remunerated for their management services are liable in accordance with the provisions governing agency.vi. withdrawal and restriction of management authority art. 539 1 the management authority granted to one of the partners under the partnership agreement may not be withdrawn or restricted by the other partners without good cause.2 where good cause exists, authority may be withdrawn by each of the other partners even where the partnership agreement provides otherwise.3 in particular, good cause is deemed to exist where the managing partner is guilty of a serious breach of his duties or has become incapable of proper management of the partnership's affairs.vii. managing partners and other partners 1. in general art. 540 1 unless this title or the partnership agreement provides otherwise, the relationship between the managing partners and the other partners is subject to the provisions governing agency.2 where a partner who lacks management authority conducts business on the partnership's behalf or a managing partner exceeds his management authority, the provisions governing agency without authority apply.2. right to information on the affairs of the partnership art. 541 1 a partner who lacks management authority has the right to receive information on the status of the partnership's affairs, to inspect its books and documents and to obtain a summary statement of its financial position for his personal information.2 any contrary agreement is void.viii. admission of new partners and sub-participation art. 542 1 no partner may admit a third party into the partnership without the consent of the other partners.2 where a partner unilaterally grants a third party a participation in his own share in the partnership or assigns his entire share to the third party, the latter does not become a partner and in particular does not acquire any right to information on partnership affairs.c. relationship between partners and third parties i. representation art. 543 1 a partner who deals with a third party on behalf of the partnership but in his own name acquires rights and obligations as against that third party in a purely individual capacity.2 where a partner deals with a third party in the name of the partnership or all the partners, the other partners acquire rights and obligations as against that third party only to the extent envisaged by the provisions governing representation.3 a partner is presumed empowered to represent the partnership or all the partners in dealings with third parties as soon as management authority is conferred on him.ii. effects of representation art. 544 1 objects, rights in rem and claims transferred to or acquired for the partnership belong jointly to the partners as stipulated in the partnership agreement.2 unless otherwise provided in the partnership agreement, the creditors of a partner may claim only the share in the proceeds of liquidation of that partner by way of satisfaction.3 subject to contrary agreement, partners are jointly and severally liable for obligations to third parties contracted jointly or through representatives.d. dissolution i. grounds for dissolution 1. in general art. 545 1 the partnership is dissolved:1. where the purpose of the partnership has been achieved or become impossible to achieve;2. on the death of one of the partners, unless it was previously agreed that the partnership would continue with his heirs;3.269 where the share in the proceeds of liquidation of a partner is subject to compulsory sale or one of the partners is declared bankrupt or made subject to a general deputyship;4. by unanimous decision of the partners;5. on expiry of the period for which the partnership was established;6. by notice of termination served by one of the partners, where such right was reserved in the partnership agreement or the partnership was established for an indefinite duration or for the lifetime of one of the partners;7. by court270 judgment in cases of dissolution for good cause.2 the dissolution of the partnership may be requested for good cause before the duration of the partnership agreement expires or, where it was established for an indefinite duration, with immediate effect.269 amended by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).270 amendment not relevant to the english text.2. partnership of indefinite duration art. 546 1 where the partnership was established for an indefinite duration or for the lifetime of one of the partners, each partner may terminate the partnership by giving six months' notice.2 notice must be given in good faith and not at an inopportune juncture and, where an annual accounting period is envisaged, it must expire at the end of a financial year.3 where on expiry of the term for which it had been established the partnership is tacitly continued, it is deemed renewed for an indefinite duration.ii. effect of dissolution on business management art. 547 1 where the partnership is dissolved for any reason other than notice of termination, a partner retains his authority to manage the partnership's business until he learns of the dissolution or ought to have learned of it had he shown due diligence.2 where the partnership is dissolved on the death of a partner, the heir of the deceased must inform the other partners of his death without delay and continue in good faith to attend to the partnership affairs of the deceased until the requisite arrangements have been made.3 the other partners must likewise continue to manage the partnership's business in the interim.iii. liquidation 1. treatment of contributions art. 548 1 contributions to the partnership do not simply revert to those who made them in the liquidation that the partners must carry out after the partnership is dissolved.2 however, each partner is entitled to the value for which his contribution was accepted.3 where no such value was determined, his claim is for the value of the contribution at the time it was made.2. division of surplus and deficit art. 549 1 where a surplus remains after satisfaction of partnership debts, reimbursement of the expenses incurred and advances made by each partner and return of the value of contributions, it is divided as profit among the partners.2 where, after satisfaction of debts and the reimbursement of expenses and advances, the partnership's assets are not sufficient to cover the return of contributions, the shortfall is borne equally by the partners as a loss.3. liquidation method art. 550 1 the liquidation following the dissolution of the partnership must be carried out jointly by all partners, including those without management authority.2 however, where the partnership agreement related only to certain specific transactions to be carried out by one partner in his own name but on behalf of the partnership, that partner must carry out such transactions and give account of them to the other partners even after the partnership has been dissolved.iv. liability towards third parties art. 551 the dissolution of the partnership does not affect obligations entered into with third parties.division three: commercial enterprises and the cooperative271 271 amended by federal act of 18 dec. 1936, in force since 1 july 1937 (as 53 185; bbl 1928 i 205, 1932 i 217). see also the final and transitional provisions of of titles xxiv to xxxiii, at the end of this code. title twenty-four: the general partnership section one: definition and formation a. commercial partnerships art. 552 1 a general partnership is a partnership in which two or more natural persons join together without limiting their liability towards creditors of the partnership in order to operate a trading, manufacturing or other form of commercial business under one business name.2 the members of the partnership must have it entered in the commercial register.b. non-commercial partnerships art. 553 where a partnership does not operate a commercial business, it does not exist as a general partnership until it has itself entered in the commercial register.c. entry in the commercial register i. place of registration art. 554272 the partnership must be registered in the commercial register for the place where its seat is located.272 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. representation art. 555 the only details concerning arrangements for representation that are admissible for entry in the commercial register are those which limit it to one partner or specified partners or which provide for representation of the partnership by one partner acting jointly with other partners or with persons vested with a registered power of attorney.iii. formal requirements art. 556 1 all applications to have facts entered or entries modified must be signed by all the partners in person at the commercial registry or submitted in writing bearing duly authenticated signatures.2 partners who are to represent the partnership must enter the partnership's business name and their own signature in person at the commercial registry or submit these in a duly authenticated form.section two: relationship between partners a. freedom of contract, reference to simple partnership art. 557 1 the relationship between the partners is primarily determined by the partnership agreement.2 unless otherwise agreed, the provisions governing simple partnerships apply subject to the modifications set out in the following provisions.b. financial reporting273 273 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 558 1 for each financial year, the profit or loss and each partner's share thereof are determined on the basis of the annual accounts.2742 the interest on each partner's share of the capital may be credited to that partner as provided in the agreement even if that share has been reduced by the loss for that financial year. unless otherwise agreed, the interest rate is four per cent.3 when calculating the profit or loss, the contractual fee for the work done by a partner is treated as a debt of the partnership.274 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).c. entitlement to profit, interest and fees art. 559 1 each partner has the right to draw profit, interest and fees for the previous financial year from the partnership's funds.2 where so provided under the agreement, interest and fees may be drawn during the financial year, whereas profit may not be drawn until the annual report has been approved.2753 any profit, interest and fees not drawn by the partner are added to his share of the partnership's capital once the annual report has been approved, provided that none of the other partners objects.276275 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).276 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).d. losses art. 560 1 where a partner's share of the capital has been reduced by losses, he remains entitled to his fees and the interest on his reduced share but may receive his share of the profit only when his share of the capital has been reconstituted.2 no partner is obliged to make a higher contribution than stipulated in the agreement or to make good any reduction in his contribution caused by losses.e. prohibition of competition art. 561 without the consent of the other partners, no partner may engage in the line of business in which the partnership operates either for his own account or for third parties or participate in another business as a partner with unlimited liability, a limited partner or a member of a limited liability company.section three: relationship between the partnership and third parties a. in general art. 562 the partnership may acquire rights, assume obligations, sue and be sued in its own name.b. representation i. general principle art. 563 unless the commercial register contains an entry to the contrary, bona fide third parties may safely assume that any partner has authority to represent the partnership.ii. scope art. 564 1 any partner entitled to represent the partnership is authorised to carry out in the partnership's name all transactions that serve the partnership's objects.2 any restriction of the scope of such authority to represent the partnership has no effect as against bona fide third parties.iii. withdrawal art. 565 1 authority to represent the partnership may be withdrawn from a partner for good cause.2 where a partner makes a prima facie case for the existence of good cause and there is risk in delay, on his application the court may issue an interim order withdrawing authority to represent the partnership. the court's order must be entered in the commercial register.iv. registered power of attorney and commercial agency art. 566 a registered attorney or commercial agent may be appointed to manage the business of the partnership as a whole only with the consent of all partners authorised to represent the partnership, but such appointment may be revoked as against third parties by any one of them.v. transactions and liability in tort art. 567 1 the partnership acquires rights and assumes obligations by the transactions concluded in its name by any partner authorised to represent it.2 for such effect to occur, it is sufficient that the intention to act on behalf of the partnership can be inferred from the circumstances.3 the partnership is liable in damages for any tort committed by a partner in the exercise of his partnership function.c. position of creditors i. partners' liability art. 568 1 the partners are jointly and severally liable with their entire assets for all obligations of the partnership.2 any contrary agreement between partners is void as against third parties.3 however, a partner may not be held personally liable for a partnership debt, even after he leaves the partnership, unless he has been declared bankrupt or the partnership has been dissolved or debt enforcement proceedings have been brought against it without success. this does not apply to a partner's liability under a joint and several contract of surety concluded in favour of the partnership.ii. liability of new partners art. 569 1 a person joining a general partnership is jointly and severally liable with his entire assets together with the other partners even for the partnership's obligations that predate his accession.2 any contrary agreement between partners is void as against third parties.iii. insolvency of the partnership art. 570 1 the partnership's creditors are entitled to satisfaction from the partnership's assets to the exclusion of the personal creditors of the individual partners.2 partners have no claim as creditors in insolvency for their capital contributions and accrued interest, but may assert claims for interest already due, fees and any expenses incurred on the partnership's behalf.iv. insolvency of the partnership and bankruptcy of the partners art. 571 1 the insolvency of the partnership does not result in the bankruptcy of the partners.2 likewise, the bankruptcy of one of the partners does not result in the insolvency of the partnership.3 the rights of partnership creditors in the event of the bankruptcy of a partner are governed by the debt collection and bankruptcy act of 11 april 1889277.277 sr 281.1d. position of personal creditors of partners art. 572 1 the personal creditors of a partner have no rights to the partnership's assets for the purposes of satisfying or securing their claims.2 enforcement proceedings brought by them are limited to the interest, fees, profit and share in the proceeds of liquidation payable to their debtor in his capacity as partner.e. set off art. 573 1 a personal creditor of a partner may not set off his claim against a debt owed to the partnership.2 similarly, a partner may not set off a debt to a personal creditor against any debt owed by the creditor to the partnership.3 however, where a partnership creditor is simultaneously the personal debtor of a partner, the two debts may be set off against each other provided the partner may be held personally liable for any resulting debt to the partnership.section four: dissolution and withdrawal a. in general art. 574 1 the partnership is dissolved by the commencement of insolvency proceedings against it. in other respects, the provisions governing simple partnerships apply to dissolution except where otherwise provided in this title.2 other than in the event of insolvency, the partners must report the dissolution to the commercial registrar.3 where an action for dissolution of the partnership is brought, on application by one of the parties the court may order provisional measures.b. termination by personal creditors art. 575 1 in the event of the bankruptcy of a partner, the bankruptcy administration may petition for dissolution of the partnership by giving at least six months' notice even where the partnership was formed for a fixed term.2 the same right accrues to a creditor who has attached the share in the proceeds of liquidation of a partner indebted to him.3 however, until such dissolution has been entered in the commercial register, the partnership or the other partners may prevent the notice from taking effect by satisfying the bankrupt estate or the creditor pursuing his claim.c. withdrawal of partners i. agreement art. 576 where the partners agreed prior to dissolution that, notwithstanding the withdrawal of one or more partners, the partnership will be continued by the remaining partners, it ceases to exist only for those that leave; in other respects it continues with all existing rights and obligations.ii. exclusion by court order art. 577 where there is good cause for the dissolution of the partnership that pertains chiefly to the person of one or more partners, at the request of all the other partners the court may rule that the partner or partners in question be excluded from the partnership and that their shares of the partnership's assets be allocated to them.iii. exclusion by the other partners art. 578 where a partner is declared bankrupt or a creditor who has attached the share in the proceeds of liquidation of a partner indebted to him requests that the partnership be dissolved, the other partners may exclude the partner in question and allocate his share of the partnership's assets to him.iv. in the case of two partners art. 579 1 where the partnership comprises two partners only, the partner who has not given rise to any cause for dissolution may, on the same conditions, continue the partnership's affairs and allocate the other partner's share of the partnership's assets to him.2 the court may issue an order to the same effect where dissolution has been requested for good cause pertaining chiefly to the person of one of the partners.v. determining the share art. 580 1 the amount payable to a partner leaving the partnership is determined by agreement.2 where no provision is made on this matter in the partnership agreement and the parties cannot reach agreement, the court determines the amount with due regard to the asset position of the partnership at the time the partner leaves and any fault attributable to the departing partner.vi. registration art. 581 the departure of a partner and the continuation of the partnership's affairs by one of the partners must be entered in the commercial register.d. defects in the organisation of the partnership art. 581a278 in the case of defects in the required organisation of the general partnership the provision of company law apply accordingly.278 inserted by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).section five: liquidation a. general principle art. 582 following its dissolution, the partnership is liquidated in accordance with the following provisions, unless the partners have agreed on an alternative approach or the partnership's assets are subject to insolvency proceedings.b. liquidators art. 583 1 the liquidation is carried out by the partners who are authorised to represent the partnership, unless they are prevented from so doing for reasons pertaining to their person or the partners agree to appoint other liquidators.2 at the request of a partner, for good cause the court may dismiss certain liquidators and appoint others to replace them.3 the liquidators are entered in the commercial register, even where the representation of the partnership remains unchanged.c. representation of heirs art. 584 the heirs of a partner must appoint a joint representative for the purpose of the liquidation.d. rights and obligations of the liquidators art. 585 1 the liquidators wind up the dissolved partnership's current business, discharge its obligations, call in all debts receivable and realise its assets as required for the division thereof.2 they represent the partnership in all transactions carried out for liquidation purposes, are entitled to conduct legal proceedings, reach settlements, conclude arbitration agreements and even, where required for liquidation purposes, effect new transactions.3 where a partner objects to a decision by the liquidators to sell partnership assets at an overall sale price or to their refusal of such a sale or to the manner in which they intend to dispose of immovable property, at his request the court will decide the matter.4 the partnership is liable for any damage resulting from torts committed by a liquidator in the exercise of his function.e. provisional distribution art. 586 1 funds and other assets not required during the liquidation are distributed among the partners on a provisional basis and brought into account against their final share in the proceeds of liquidation.2 the funds required to cover disputed obligations or obligations not yet due must be retained.f. division i. balance sheet art. 587 1 the liquidators draw up a balance sheet at the beginning of the liquidation.2 where the liquidation lasts for an extended period, interim balance sheets are drawn up every year.ii. repayment of capital and distribution of surplus art. 588 1 assets remaining after redemption of all partnership debts are used first to repay the capital to the partners and then to pay interest accrued over the liquidation period.2 any surplus is distributed among the partners in accordance with the provisions governing partners' shares in the profit.g. deletion from the commercial register art. 589 on completion of the liquidation, the liquidators apply to have the partnership's business name deleted from the commercial register.h. archiving of ledgers and other documents art. 590 1 the ledgers and other documents of the dissolved partnership are kept for ten years commencing on the date of the partnership's deletion from the commercial register at a location designated by the partners or, if they cannot reach agreement, by the registrar.2 the partners and their heirs retain the right to inspect the ledgers and other documents.section six: prescription a. object and prescriptive period art. 591 1 claims of partnership creditors against a partner for partnership debts prescribe five years after the notice of his withdrawal or of the dissolution of the partnership is published in the swiss official gazette of commerce, unless the debt is by its nature subject to a shorter prescriptive period.2 where the debt does not fall due until after such notice, the prescriptive period commences on the due date.3 prescription does not apply to claims between partners.b. special cases art. 592 1 the five-year prescriptive period may not be invoked against a creditor seeking satisfaction solely from undivided partnership assets.2 where a partner takes over the partnership's business with all its assets and liabilities, he may not invoke the five-year prescriptive period against its creditors. by contrast, for partners who have left the partnership, the five-year prescriptive period is replaced by the two-year prescriptive period in accordance with the principles governing assumption of debt; the same applies in the event that a third party takes over the partnership's business with all its assets and liabilities.c. interruption art. 593 an interruption of the prescriptive period as against an ongoing partnership or another partner does not interrupt the prescriptive period as against a departing partner.title twenty-five: the limited partnership section one: definition and formation a. commercial partnerships art. 594 1 a limited partnership is a partnership in which two or more persons join together in order to operate a trading, manufacturing or other form of commercial business under a single business name in such a manner that at least one person is a general partner with unlimited liability but one or more others are limited partners liable only up to the amount of their specific contributions.2 partners with unlimited liability must be natural persons, but limited partners may also be legal entities and commercial enterprises.3 the partners must have the partnership entered in the commercial register.b. non-commercial partnerships art. 595 where a limited partnership does not operate a commercial business, it does not exist as a limited partnership until it has itself entered in the commercial register.c. entry in the commercial register i. place and contributions in kind279 279 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 596 1 the partnership must be registered in the commercial register for the place where its seat is located.2802 .2813 where the specific contributions of limited partners are made wholly or partly in kind, the contribution in kind must be expressly referred to as such and its precise value specified in the registration application and in the entry in the commercial register.280 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).281 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. formal requirements art. 597 1 all applications to have facts entered or entries modified must be signed by all the partners in person at the commercial registry or submitted in writing bearing duly authenticated signatures.2 partners with unlimited liability who are to represent the partnership must enter the partnership's business name and their own signature in person at the commercial registry or submit these in a duly authenticated form.section two: relationship between partners a. freedom of contract, reference to general partnership art. 598 1 the relationship between the partners is primarily determined by the partnership agreement.2 unless otherwise agreed, the provisions governing general partnerships apply subject to the modifications set out in the following provisions.b. management of business art. 599 the partnership's affairs are managed by the partner or partners with unlimited liability.c. position of limited partners art. 600 1 a limited partner is by definition neither entitled nor obliged to manage the affairs of the partnership.2 nor is he entitled to object to actions taken by managing partners, providing these fall within the scope of the ordinary business activities of the partnership.3 he has the right to request a copy of the profit and loss account and the balance sheet and to verify their accuracy by inspecting the partnership's ledgers and other documents or have them verified by an impartial expert; in the event of dispute, the expert is appointed by the court.282282 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).d. share in profit and loss art. 601 1 a limited partner's participation in any loss is limited to the amount of his specific contribution.2 in the absence of agreement on the limited partners' share in profits and losses, it is determined by the court at its discretion.3 where the limited partner's specific contribution is not fully paid up or has been subsequently reduced, he may receive the interest, profit and fees due to him only when his contribution has been fully paid in or reconstituted.section three: relationship between the partnership and third parties a. in general art. 602 the partnership may acquire rights, assume obligations, and sue and be sued in its own name.b. representation art. 603 the partnership is represented by its general partner or partners in accordance with the rules governing general partnerships.c. liability of general partners art. 604 a partner with unlimited liability may be sued for a partnership debt only if the partnership has been dissolved or debt enforcement proceedings have been brought against it without success.d. liability of limited partners i. acting for the partnership art. 605 a limited partner conducting business on behalf of the partnership without stating expressly that he is acting as its registered attorney or commercial agent is liable to bona fide third parties for obligations resulting from such business as if he were a general partner.ii. lack of registration art. 606 where the partnership has engaged in business prior to being entered in the commercial register, a limited partner is liable to bona fide third parties for obligations resulting from such business as if he were a general partner unless he can prove that the third parties were aware of the limits to his liability.iii. . art. 607283 283 repealed by no i of the fa of 25 sept. 2015 (law of business names), with effect from 1 july 2016 (as 2016 1507; bbl 2014 9305).iv. scope of liability art. 608 1 a limited partner is liable to third parties in the amount of his specific contribution as entered in the commercial register.2 where he has stated a higher amount to third parties or the partnership has done so with his knowledge, he is liable up to such higher amount.3 creditors are at liberty to show that the value ascribed to contributions in kind did not correspond to their real value at the time they were made.v. reduction of limited partner's specific contribution art. 609 1 where by agreement with the other partners or by means of withdrawals a limited partner has reduced his specific contribution as entered in the commercial register or otherwise announced, such modification has no effect as against third parties until it has been entered in the commercial register and published.2 for obligations contracted prior to such publication, the limited partner remains liable in the unmodified amount.vi. creditors' right of action art. 610 1 for the duration of the partnership, its creditors have no right of action against a limited partner.2 if the partnership is dissolved, the creditors, liquidators and insolvency administrators may request that the limited partner's specific contribution be allocated to the liquidation or insolvency assets to the extent that it has not been paid in or has been repaid to the limited partner.vii. entitlement to interest and profit art. 611 1 limited partners are entitled to interest and profit only where and to the extent that payment thereof does not result in a reduction of their specific contribution.2 however, limited partners are required to repay interest and profit unlawfully received. article 64 applies.284284 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).viii. joining limited partnerships art. 612 1 a person joining a general or limited partnership as a limited partner is liable with his specific contribution for all partnership liabilities including those that were contracted prior to his accession.2 any agreement to the contrary between the partners is void as against third parties.e. position of personal creditors art. 613 1 the personal creditors of a general partner or a limited partner have no rights to the partnership's assets for the purposes of satisfying or securing their claims.2 enforcement proceedings brought by them are limited to the interest, profit and share in the proceeds of liquidation payable to their debtor and any fees due to him in his capacity as partner.f. set off art. 614 1 where a partnership creditor is simultaneously the personal debtor of a limited partner, the creditor has no right to set off the two debts against each other unless the limited partner has unlimited liability.2 in other respects, set off is subject to the provisions governing general partnerships.g. insolvency i. in general art. 615 1 the insolvency of the partnership does not result in the bankruptcy of the partners.2 likewise, the bankruptcy of one of the partners does not result in the insolvency of the partnership.ii. insolvency of the partnership art. 616 1 the partnership's creditors are entitled to satisfaction from the partnership's assets to the exclusion of the personal creditors of the individual partners.2 limited partners have no claim as creditors in insolvency for their specific capital contributions.iii. procedure against general partners art. 617 where the partnership's assets are insufficient to satisfy the partnership's creditors, the latter are entitled to seek satisfaction for the entire remainder of their claims from the personal assets of each individual general partner in competition with that partner's personal creditors.iv. bankruptcy of limited partners art. 618 in the event of the bankruptcy of a limited partner, neither the partnership's creditors nor the partnership itself have preferential rights over his personal creditors.section four: dissolution, liquidation, prescription art. 619 1 the provisions governing general partnerships also apply to the dissolution and liquidation of limited partnerships and to the prescriptive periods applicable to claims against the partners.2 where a limited partner is declared bankrupt or his share in the proceeds of liquidation is attached, the provisions governing partners in general partnerships apply mutatis mutandis. however, the partnership is not dissolved by the death of a limited partner or his being made subject to a general deputyship.285285 second sentence amended by annex no 10 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).title twenty-six286: the company limited by shares 286 see also the final provisions relating to this title at the end of this code.section one: general provisions a. definition art. 620 1 a company limited by shares is a company with its own business name whose pre-determined capital (share capital)287 is divided into specific amounts (shares) and whose liabilities are payable only from the company assets.2 the shareholders are required only to fulfil the duties specified in the articles of association and are not personally liable for the company's obligations. 3 a company limited by shares may also be established for a purpose that is non-commercial in character. 287 term in accordance with no ii 1 of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745). this amendment has been taken into account throughout the code.b. minimum share capital art. 621288 the share capital must amount to at least 100,000 francs.288 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745)c. shares i. types art. 622 1 the shares may be either registered or bearer shares. they may be issued in the form of negotiable securities. the articles of association may stipulate that they may be issued as uncertificated or ledger-based securities in accordance with article 973c or 973d, or as intermediated securities in accordance with the intermediated securities act (fisa) of 3 october 2008289.2901bis bearer shares are permitted only if the company has equity securities listed on a stock exchange or if the bearer shares are organised as intermediated securities in accordance with the fisa and are deposited with a custodian in switzerland designated by the company or entered in the main register.2912 shares of both types may exist at the same time in a ratio fixed by the articles of association.2bis a company with bearer shares must arrange for an entry to be made in the commercial register as to whether it has equity securities listed on a stock exchange or its bearer shares are organised as intermediated securities.2922ter if all the equity securities are delisted, the company must within six months either convert the existing bearer shares into registered shares or organise them as intermediated securities.2933 the articles of association may provide that registered shares should or may subsequently be converted into bearer shares or vice versa.4 the nominal value of a share must be at least 1 centime.2945 the share certificate must be signed by at least one member of the board of directors295. the company may decide that even shares issued in large numbers must bear a handwritten signature.289 sr 957.1290 amended by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).291 inserted by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes (as 2019 3161; bbl 2019 279). amended by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233)292 inserted by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).293 inserted by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).294 amended by no i of the fa of 15 dec. 2000, in force since 1 may 2001 (as 2001 1047; bbl 2000 4337 no 2.2.1 5501).295 term in accordance with no ii 3 of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745). this amendment has been taken into account throughout the code.ii. splitting and consolidating shares art. 623 1 by amending the articles of association, the general meeting may divide the shares into shares with a lower nominal value or consolidate them into shares with a higher nominal value, provided the share capital remains the same.2 the consolidation of shares requires the consent of the shareholder.iii. issue price art. 624 1 the shares may be issued only at their nominal value or at a price that is higher. this does not apply to the issue of new shares to replace cancelled shares.2-3 .296296 repealed by no i of the fa of 4 oct. 1991, with effect from 1 jan. 1992 (as 1992 733; bbl 1983 ii 745).d. shareholders art. 625297 1 a company limited by shares may be established by one or more natural persons or legal entities or other commercial enterprises.297 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).e. articles of association i. content prescribed by law art. 626298 the articles of association must contain provisions concerning:1. the business name and seat of the company;2. the objects of the company;3. the total share capital and the extent to which it is paid up;4. the number, nominal value and types of shares;5. the procedure for convening general meetings and the voting rights of shareholders;6. the governing bodies for management and auditing;7. the form of the company's external communications.298 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. further provisions 1. in general art. 627299 in order to be binding, provisions on the following matters must be included in the articles of association:1. amendment of the articles of association, where different from the statutory provisions;2. the payment of shares of profits paid to board members;3. the interest paid to shareholders until commencement of the company's operations;4. limitation of the company's duration;5. contractual penalties for failure to pay up share capital on time;6. capital increases from authorised capital and contingent capital increases;7.300 .8. restrictions on the transferability of registered shares;9. the preferential rights of individual share classes, participation certificates, dividend rights certificates and the granting of special privileges;10. restrictions on the voting rights of shareholders and their rights to appoint representatives;11. cases not envisaged in law in which the general meeting may make resolutions only by qualified majority;12. authority to delegate management responsibilities to individual members of the board of directors or to third parties;13. the organisation and duties of the external auditors, where these go beyond those prescribed by law;14.301 the possibility of converting shares issued in a specific form into another form, together with an allocation of resultant costs, where this derogates from the regulations in the uncertificated securities act of 3 october 2008302.299 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).300 repealed by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, with effect from 1 july 2015 (as 2015 1389; bbl 2014 605).301 inserted by annex no 3 of the uncertificated securities act of 3 oct. 2008, in force since 1 jan. 2010 (as 2009 3577; bbl 2006 9315).302 sr 957.12. relating specifically to contributions in kind, acquisitions in kind, special privileges303 303 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 628 1 where a shareholder makes a contribution in kind, the articles of association must indicate its nature and value, the name of the contributor and the shares allocated to him.3042 where the company acquires or intends to acquire tangible fixed assets from shareholders or close associates, the articles of association must indicate their nature, the name of the person providing them and the consideration given by the company.3053 where special privileges are accorded to founder members or other persons on establishment of the company, the persons thus privileged must be named and each privilege precisely described and valued in the articles of association.4 after ten years the general meeting may annul provisions of the articles of association concerning contributions in kind or acquisitions in kind. provisions on acquisitions in kind may also be annulled if the company makes a final decision not to make the acquisition in kind. 306 307304 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).305 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).306 second sentence inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).307 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).f. establishment i. deed of incorporation 1. content art. 629308 1 the company is established when the founder members declare by public deed that they are forming a company limited by shares, lay down the articles of association therein and appoint the governing bodies.2 in such deed of incorporation, the founder members subscribe for the shares and declare:1. that all the shares are validly subscribed for;2. that the promised capital contributions correspond to the full issue price;3. that the requirements for payment of capital contributions prescribed by law and the articles of association are met;4.309 that there are no other contributions in kind, acquisitions in kind or intended acquisitions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.308 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).309 inserted by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).2. share subscription art. 630310 the share subscription is valid only where:1. the number, nominal value, type, class and issue price of the shares are specified;2. an unconditional commitment is given to pay up the capital corresponding to the issue price.310 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. supporting documents art. 631311 1 in the deed of incorporation, the notary must cite each of the documents supporting the establishment of the company individually and confirm that they were presented to the founder members.2 the following documents must be appended to the deed of incorporation:1. the articles of association;2. the incorporation report;3. the audit confirmation;4. confirmation of the deposit of capital contributions;5. the agreements on contributions in kind;6. agreements on acquisitions in kind that are already available.311 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iii. capital contributions 1. minimum contribution art. 632312 1 when the company is established, capital equivalent to at least 20 per cent of the nominal value of each share must be paid up.2 in all cases the capital contribution must be at least 50,000 francs.312 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. performance of contributions a. money contributions art. 633313 1 money contributions must be deposited with an institution subject to the federal act of 8 november 1934314 on banks and savings banks for the exclusive use of the company.2 the institution may release the money only when the company has been entered in the commercial register.313 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).314 sr 952.0b. contributions in kind art. 634315 contributions in kind satisfy the contribution requirement only where:1. made on the basis of an agreement to make a contribution in kind done in writing as a public deed;2. on being entered in the commercial register, the company immediately acquires ownership and the right to dispose of them or an unconditional right to enter them in the land register;3. an incorporation report with audit confirmation is available.315 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).c. subsequent contribution art. 634a316 1 the board of directors determines the rules governing subsequent contributions in respect of shares that are not fully paid-up.2 such subsequent contributions may be made in money or in kind or by means of set-off.316 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733: bbl 1983 ii 745).3. verification of capital contributions a. statutory report art. 635317 the founder members draw up a written statutory report in which they give account of:1. the nature and condition of contributions in kind or acquisitions in kind and the appropriateness of their valuation;2. the existence of debts and whether such debts may be set off;3. the reasons for and appropriateness of special privileges accorded to founder members or other persons.317 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).b. audit confirmation art. 635a318 a licensed auditor verifies the incorporation report and confirms in writing that it is complete and accurate.318 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733, bbl 1983 ii 745).art. 636-639319 319 repealed by no i of the fa of 4 oct. 1991, with effect from 1 july 1992 (as 1992 733; bbl 1983 ii 745).g. entry in the commercial register i. company art. 640320 the company is entered in the commercial register of the place at which it has its seat.320 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. . art. 641321 321 repealed by no i 2 of the fa of 17 march 2017 (commercial register law), with effect from 1 jan. 2021 (as 2020 957; bbl 2015 3617).iii. contributions and acquisitions in kind, special privileges art. 642322 1 the subject matter of contributions in kind and the shares issued in exchange, the subject matter of acquisitions in kind and the consideration provided by the company, and the nature and value of special privileges must be entered in the commercial register.322 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).h. acquisition of legal personality i. timing; entry conditions not satisfied323 323 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 643 1 the company acquires legal personality only through entry in the commercial register.2 it acquires legal personality thereby even if the conditions for such entry were in fact not satisfied.3 however, where the law or the articles of association were contravened in the establishment of the company such that the interests of creditors or shareholders were substantially jeopardised or harmed, at the request of those creditors or shareholders the court may order that the company be dissolved.3244 the foregoing right of action prescribes if action is not brought within three months of publication in the swiss official gazette of commerce.324 second sentence repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. shares issued before entry art. 644 1 shares issued before the company is entered in the commercial register are void; however, the obligations arising from the share subscription remain effective.2 a person issuing shares prior to such entry is liable for all resultant losses.iii. obligations contracted prior to entry art. 645 1 a person acting in the name of the company prior to entry in the commercial register is liable personally and jointly and severally for his actions.2 where such obligations were incurred expressly in the name of the company to be established and are assumed by the latter within three months of its entry in the commercial register, the persons who contracted them are relieved of liability and only the company is liable.art. 646325 325 repealed by no i of the fa of 4 oct. 1991, with effect from 1 july 1992 (as 1992 733; bbl 1983 ii 745).j. amending the articles of association art. 647326 1 any resolution adopted by the general meeting or the board of directors concerning an amendment of the articles of association must be done as a public deed and entered in the commercial register. 326 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 648-649327 327 repealed by no i of the fa of 4 oct. 1991, with effect from 1 july 1992 (as 1992 733; bbl 1983 ii 745).k. increase in the share capital i. ordinary and authorised capital increase 1. ordinary capital increase art. 650328 1 a decision to increase the share capital is taken by means of resolution passed by the general meeting; it must be carried out by the board of directors within three months.2 the resolution of the general meeting must be done as a public deed and specify:1. the full nominal value by which the share capital is to be increased and the amount of contributions to be paid up;2. the number, nominal value and type of shares and the preferential rights attaching to specific share classes;3. the issue price or the authority conferred on the board of directors to set the price, and the date on which the dividend entitlement commences;4. the type of capital contributions to be made and, in the case of contributions in kind, their nature and value, the name of the contributor and the shares due to him in exchange;5. in the case of acquisitions in kind, the nature of such assets, the name of the contributor and the consideration provided by the company;6. the nature and value of special privileges and the names of the beneficiaries;7. any restriction on the transferability of new registered shares;8. any restrictions on or cancellation of subscription rights and the allocation of subscription rights that have not been exercised or have been withdrawn;9. the conditions to be met when exercising contractual subscription rights.3 where the capital increase is not entered in the commercial register within three months, the resolution of the general meeting lapses.328 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733: bbl 1983 ii 745).2. authorised capital increase a. basis in articles of association art. 651329 1 by amending the articles of association, the general meeting may authorise the board of directors to increase the share capital within a period of no more than two years.2 the articles of association lay down the nominal amount by which the board of directors may increase the share capital. such authorised capital may not exceed one-half of the existing share capital.3 further, the articles of association stipulate the same information as required for an ordinary capital increase, with the exception of the specifications concerning the issue amount, the type of contributions, acquisitions in kind and the date on which the dividend entitlement commences.4 within the limits of its authority, the board of directors may carry out share capital increases. in so doing it enacts the necessary provisions where these are not already laid down in the resolution of the general meeting.5 the foregoing paragraphs are subject to the regulations of the banking act of 8 november 1934330 on reserve capital.331329 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).330 sr 952.0331 inserted by annex no i of the fa of 30 sept. 2011 (securing stability in the financial sector), in force since 1 march 2012 (as 2012 811; bbl 2011 4717).b. amendment of the articles of association art. 651a332 1 following every capital increase, the board of directors reduces the nominal amount of the authorised capital in the articles of association accordingly.2 on expiry of the time limit set for execution of the capital increase, the provision concerning the authorised capital increase is deleted from the articles of association by resolution of the board of directors.332 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. common provisions a. share subscription art. 652333 1 the shares are subscribed in a special document (subscription form) in accordance with the provisions governing the establishment of the company.2 the subscription form must make reference to the resolution of the general meeting concerning the share capital increase or the authorisation of such increase and to the resolution of the board of directors concerning the share capital increase. where the law requires an issue prospectus, the subscription form also refers to this. 3 where the subscription form does not indicate a time limit, it ceases to be binding three months after it was signed.333 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).b. . art. 652a334 334 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). repealed by annex no 1 of the financial services act of 15 june 2018, with effect from 1 jan. 2020 (as 2019 4417; bbl 2015 8901).c. subscription right art. 652b335 1 every shareholder is entitled to the proportion of the newly issued shares that corresponds to his existing participation.2 a resolution by the general meeting to increase the share capital may cancel this subscription right only for good cause. in particular, the takeover of companies, parts of companies or equity interests and employee share ownership are deemed to be good cause. the cancellation of the subscription right must not result in any improper advantage or disadvantage to the parties involved.3 where the company has granted a shareholder the right to subscribe to shares, it may not bar him from exercising such right on the basis of a restriction on the transferability of registered shares laid down in the articles of association.335 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).d. making capital contributions art. 652c336 unless the law provides otherwise, capital contributions must be made in accordance with the provisions governing the establishment of the company.336 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).e. increase from equity capital art. 652d337 1 the share capital may also be increased through conversion of freely disposable equity capital.2 the equity capital used to meet the amount of the increase is shown in the annual accounts as approved by the shareholders and in the audit report of a licensed auditor. if more than six months have elapsed since the accounting cut-off date, audited interim accounts are required.338337 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).338 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).f. capital increase report art. 652e339 the board of directors draws up a written report in which it gives account of:1. the nature and condition of contributions in kind or acquisitions in kind and the appropriateness of their valuation;2. the existence of debts and whether such debts may be set off;3. the free disposability of the equity capital thus converted;4. compliance with the resolution of the general meeting, in particular concerning restrictions on or cancellation of subscription rights and the allocation of subscription rights that have not been exercised or have been withdrawn;5. the reasons for and appropriateness of special privileges accorded to specific shareholders or other persons.339 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).g. audit confirmation art. 652f340 1 a licensed auditor verifies the capital increase report and confirms in writing that it is complete and accurate.3412 no such audit confirmation is required where the capital contribution for the new share capital is made in money, the share capital increase is not for the purpose of funding an acquisition in kind and subscription rights are not restricted or cancelled.340 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).341 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).h. amendment of articles of association and statements required art. 652g342 1 once the capital increase report and, where required, the audit confirmation are available, the board of directors amends the articles of association and declares:1. that all shares are validly subscribed for;2. that the promised capital contributions correspond to the full issue price;3. that the contributions have been made in accordance with the requirements prescribed by law, the articles of association and the resolution of the general meeting;4.343 that there are no other contributions in kind, acquisitions in kind or intended acquisitions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.2 the resolution and declarations must be done as public deeds. the notary must cite each of the documents supporting the capital increase individually and confirm that they were presented to the board of directors.3 the amended articles of association, capital increase report, audit confirmation, agreements on contributions in kind and available agreements on acquisitions in kind must be enclosed with the public deed.342 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).343 inserted by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).i. entry in the commercial register; nullity of previously issued shares art. 652h344 1 the board of directors notifies the amendment of the articles of association and its declarations for entry in the commercial register.2 it must submit:1. the public deeds concerning the resolutions of the general meeting and of the board of directors with their enclosures;2. an authenticated copy of the amended articles of association.3 shares issued prior to entry of the capital increase are void; the obligations arising from the share subscription remain effective.344 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. contingent capital increase 1. general principle art. 653345 1 the general meeting may resolve to make a contingent capital increase by stipulating in the articles of association that creditors of new bonds and similar debt instruments issued by the company or its group companies and employees will be granted rights to subscribe to new shares (conversion or option rights).2 the share capital automatically increases whenever and to the extent that such conversion or option rights are exercised and the contribution obligations are discharged by set-off or payment.5 the foregoing paragraphs are subject to the regulations of the banking act of 8 november 1934346 on reserve capital.347345 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).346 sr 952.0347 inserted by annex no i of the fa of 30 sept. 2011 (securing stability in the financial sector), in force since 1 march 2012 (as 2012 811; bbl 2011 4717).2. restrictions art. 653a348 1 the nominal amount by which the share capital may be increased in this contingent manner must not exceed one-half of the existing share capital.2 the capital contribution must be at least equal to the nominal value.348 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. basis in articles of association art. 653b349 1 the articles of association must stipulate:1. the nominal amount of the contingent capital increase;2. the number, nominal value and type of shares;3. the beneficiaries of conversion or option rights;4. the cancellation of the subscription rights of existing shareholders;5. preferential rights attached to specific share classes;6. the restrictions on the transferability of newly registered shares.2 where the bonds or similar debt instruments to which the conversion or option rights attach are not offered first to the shareholders for subscription, the articles of association must also stipulate:1. the conditions on which the conversion or option rights may be exercised;2. the basis on which the issue amount is to be calculated.3 conversion or option rights granted before the provision of the articles of association concerning the contingent capital increase has been entered in the commercial register are void.349 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).4. protection of shareholders art. 653c350 1 where bonds or similar debt instruments to which conversion or option rights attach are to be issued as part of a contingent capital increase, they must be offered first to the shareholders for subscription in proportion to the shareholders' existing participations.2 this priority subscription right may be restricted or cancelled for good cause.3 any cancellation of subscription rights required in order to carry out a contingent capital increase and any restriction or cancellation of priority subscription rights must not result in any improper advantage or disadvantage to the parties involved.350 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).5. protection of beneficiaries of conversion or option rights art. 653d351 1 a creditor or employee who holds a conversion or option right to acquire registered shares may not be barred from exercising that right on account of restrictions on the transferability of registered shares, unless this possibility is reserved in the articles of association and the issue prospectus.2 conversion or option rights may be adversely affected by a share capital increase, by the issue of new conversion or option rights, or in some other manner only if the conversion price is lowered or the beneficiaries are granted some other form of adequate compensation or if the shareholders suffer the same adverse effect.351 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).6. execution of capital increase a. exercise of rights; capital contribution art. 653e352 1 conversion or option rights are exercised by making a written declaration that refers to the provision of the articles of association concerning the contingent capital increase; where the law requires an issue prospectus, the declaration must refer to it.2 a capital contribution in money or by set-off must be made through a banking institution subject to the banking act of 8 november 1934353.3 the shareholder's rights are established when the capital contribution is made.352 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).353 sr 952.0b. audit confirmation art. 653f354 1 at the end of each financial year, or earlier at the request of the board of directors, a licensed audit expert verifies whether the issue of the new shares was in conformity with the law, the articles of association and, where required, the issue prospectus.3552 the auditor confirms this in writing.354 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).355 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).c. amendment of the articles of association art. 653g356 1 on receipt of the audit confirmation, the board of directors draws up a public deed stating the number, nominal value and type of the newly issued shares, the preferential rights attaching to specific share classes and the status of the share capital as at the end of the financial year or the date of the audit. it amends the articles of association as necessary.2 in the public deed, the notary states that the audit confirmation contains the required information.356 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).d. entry in the commercial register art. 653h357 the board of directors applies for the amendment to the articles of association to be entered in the commercial register within three months of the end of the financial year and files the public deed and the audit confirmation.357 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).7. deletion art. 653i358 1 where the conversion or option rights are extinct and this is confirmed in a written report drawn up by a licensed audit expert, the board of directors annuls the provisions of the articles of association concerning the contingent capital increase.2 in such public deed the notary states that the auditors' report contains the required information.358 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745). amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iii. preference shares 1. requirements359 359 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 654 1 pursuant to or by amendment of the articles of association, the general meeting may resolve that preference shares be issued or that existing shares be converted into preference shares.2 where a company has issued preference shares, further preference shares conferring preferential rights over the existing preference shares may be issued only with the consent of both a special meeting of the adversely affected holders of the existing preference shares and of a general meeting of all shareholders, unless otherwise provided in the articles of association.3 the same applies to any proposal to vary or cancel preferential rights attached to the preference shares that were conferred pursuant to the articles of association.art. 655360 360 repealed by no i of the fa of 4 oct. 1991, with effect from 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. status of preference shares361 361 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 656 1 preference shares enjoy the preferential rights vis--vis ordinary shares that are expressly conferred on them by the original articles of association or by amendment thereof. in other respects they are of equal status with the ordinary shares.2 in particular, preferential rights may relate to the dividend, with or without rights to cumulative dividends, to the share in the proceeds of liquidation and to subscription rights in the event that new shares are issued.l. participation certificates i. definition; applicable provisions art. 656a362 1 the articles of association may provide for participation capital divided into specific amounts (participation certificates). these participation certificates are issued against a capital contribution, have a nominal value and do not confer voting rights.2 unless otherwise provided by law, the provisions governing share capital, shares and shareholders also apply to the participation capital, participation certificates and participation certificate holders.3 the participation certificates must be designated as such.362 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. participation and share capital art. 656b363 1 participation capital must not exceed an amount equal to double the share capital.2 the provisions governing minimum capital and the minimum total contribution do not apply.3 for the purposes of the provisions governing restrictions on acquisition of a company's own shares, the general reserve, the instigation of a special audit against the will of the general meeting and duty of notification in the event of capital loss, participation capital is deemed to be part of the share capital.4 an authorised or contingent increase of the share and participation capital must not in total exceed one-half of the combined existing share and participation capital.5 participation capital may be created by means of an authorised or contingent capital increase.363 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. legal position of participation certificate holders 1. in general art. 656c364 1 participation certificate holders have no voting rights and, unless otherwise provided by the articles of association, none of the rights associated therewith.2 rights associated with voting rights are the right to convene a general meeting, the right to attend such a meeting, the right to information, the right of inspection and the right to table motions.3 where the articles of association do not grant a participation certificate holder the right to information, the right of inspection or the right to instigate a special audit (art. 697a et seq.), he may submit a written request for information, access to documents or the instigation of a special audit to the general meeting.364 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. notice and resolutions of general meetings art. 656d365 1 whenever a general meeting is convened, notice must be given to participation certificate holders together with the agenda items and the motions tabled.2 every resolution passed by the general meeting must be made available without delay at the seat of the company and in its registered branch offices for inspection by participation certificate holders. their attention must be drawn to this in the notice relating to the meeting.365 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. representation on the board of directors art. 656e366 the articles of association may grant participation certificate holders the right to have a representative on the board of directors.366 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).4. pecuniary rights a. in general art. 656f 367 1 the articles of association must not place participation certificate holders at a disadvantage as against shareholders in respect of the distribution of the disposable profit and the proceeds of liquidation and subscription to new shares.2 where several share classes exist, the participation certificates must be treated as at least equivalent to the lowest ranking share class.3 amendments to the articles of association and other resolutions of the general meeting that adversely affect the position of participation certificate holders are permitted only if they also adversely affect the position of the shareholders to whom the participation certificate holders are equal in status to the same degree.4 unless otherwise provided by the articles of association, the preferential rights of participation certificate holders and their rights to participate in the company's governance as laid down by the articles of association may be restricted or cancelled only with the consent of a special meeting of the participation certificate holders concerned and of the general meeting of all shareholders.367 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).b. subscription rights art. 656g368 1 where participation capital is created, the shareholders have a subscription right as for the issue of new shares.2 the articles of association may provide that shareholders may subscribe only to shares and participation certificate holders only to participation certificates where the share capital and the participation capital are to be increased simultaneously in the same proportions.3 where only the participation capital or only the share capital is to be increased or one is to be increased by a greater proportion, the subscription rights must be allocated so that shareholders and participation certificate holders may retain their relative participations in the overall capital.368 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).m. dividend rights certificates art. 657369 1 the articles of association may provide for the creation of dividend rights certificates in favour of persons linked with the company by previous capital participation or by virtue of being shareholders, creditors, employees or similar. the articles of association must indicate the number of dividend rights certificates issued and the nature of the associated rights.2 such dividend rights certificates entitle their holders only to a share in the disposable profit or the proceeds of liquidation or to subscribe to new shares.3 the dividend rights certificate must not have a nominal value; it must not be called a participation certificate or issued in exchange for a capital contribution stated as an asset in the balance sheet.4 by operation of law, the beneficiaries under dividend rights certificates form a community to which the provisions governing the community of bond creditors apply mutatis mutandis. however, a decision to waive some or all rights under dividend rights certificates is binding only if taken by the holders of a majority of all such certificates in circulation.5 dividend rights certificates may be created in favour of the company's founder members only by means of the original articles of association.369 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 658370 370 repealed by no i of the fa of 4 oct. 1991, with effect 1 july 1992 (as 1992 733; bbl 1983 ii 745).n. own shares i. restrictions on acquisition art. 659371 1 the company may acquire its own shares only where freely disposable equity capital is available in the required amount and the combined nominal value of all such shares does not exceed 10 per cent of the share capital.2 where registered shares are acquired in connection with a restriction on transferability, the foregoing upper limit is 20 per cent. the company's own shares that exceed the threshold of 10 per cent of the share capital must be sold or cancelled by means of a capital reduction within two years.371 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. consequences of acquisition art. 659a372 1 the voting rights on the company's own shares and the rights associated therewith are suspended.2 the company must set aside an amount equivalent to the cost of acquiring its own shares as a separate reserve.372 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. acquisition by subsidiaries art. 659b373 1 where a company holds a majority interest in a subsidiary, any acquisition of its shares by such subsidiary is subject to the same restrictions and has the same consequences as the acquisition of its own shares.2 where a company acquires a majority interest in another company which holds shares of the acquirer, these shares are deemed the acquirer's own shares.3 the obligation to form a reserve rests with the company holding the majority interest.373 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).section two: rights and obligations of shareholders a. entitlement to a share of the profits and proceeds of liquidation i. in general art. 660374 1 every shareholder is entitled to a pro rata share of the disposable profit to the extent that the distribution of such profit among the shareholders is provided for by law or the articles of association.2 on dissolution of the company, the shareholder is entitled to a pro rata share of the liquidation proceeds, unless otherwise provided by those articles of association that relate to the allocation of the assets of the dissolved company.3 the preferential rights attaching to specific share classes stipulated in the articles of association are reserved.374 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. calculation method art. 661 unless the articles of association provide otherwise, the share of the profits and the proceeds of liquidation are calculated in proportion to the amounts paid up on the share capital.art. 662375 375 repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 662a376 376 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 663377 377 repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 663a and 663b 378 378 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).b. 379annual report 379 amended by no i 1 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).i. additional information on companies with listed shares 1. remuneration art. 663bbis380 1 companies whose shares are listed on a stock exchange must provide the following additional information in the notes to the balance sheet:1. all remuneration distributed directly or indirectly to current members of the board of directors;2. all remuneration distributed directly or indirectly to persons entrusted by the board of directors with all or some of the company's management activities (executive board);3. all remuneration distributed directly or indirectly to current members of the board of advisors;4. all remuneration distributed directly or indirectly to former members of the board of directors, executive board and board of advisors where such remuneration relates to past activities as a governing officer of the company or is not customary market practice;5. all remuneration distributed directly or indirectly to close associates of the persons specified in numbers 1-4 where such remuneration is not customary market practice.2 in particular, the following are deemed to be remuneration:1. fees, salaries, bonuses and account credits;2. shares of profits paid to board members and commissions, participation in turnover and other forms of participation in the business results;3. benefits in kind;4. allocations of shares and conversion and option rights;5. severance payments;6. guarantee and pledge commitments in favour of third parties and other collateral commitments;7. waivers of claims;8. expenditures giving rise to or increasing occupational benefit entitlements;9. all payments and benefits for additional work.3 the following must also be stated in the notes to the balance sheet:1. all loans and credit facilities extended to the current members of the board of directors, executive board and board of advisors that are still outstanding;2. loans and credit facilities to former members of the board of directors, executive board and board of advisors that were extended on conditions other than the customary market conditions and are still outstanding;3. all loans and credit facilities to close associates of the persons specified in numbers 1 and 2 that were extended on conditions other than the customary market conditions and are still outstanding.4 the information provided on remuneration and credit must include:1. the amount for the board of directors as a whole and the amount for each member, specifying the name and function of the member concerned;2. the amount for the executive board as a whole and the highest amount for each member, specifying the name and function of the member concerned;3. the total amount for the board of advisors as a whole and the amount for each member, specifying the name and function of the member concerned.5 remuneration and credits to close associates must be shown separately. the names of such associates need not be given. in other respects the provisions governing information on remuneration and credit to members of the board of directors, executive board and board of advisors apply mutatis mutandis.380 inserted by no i of the fa of 7 oct. 2005 (transparency in relation to remuneration of members of the board of directors and the executive board), in force since 1 jan. 2007 (as 2006 2629; bbl 2004 4471).2. shareholdings381 381 amended by no i 1 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 663c382 1 companies whose shares383 are listed on a stock exchange must specify the significant shareholders and their shareholdings in the notes to the balance sheet, where these are known or ought to be known.2 significant shareholders are defined as shareholders and groups of shareholders linked through voting rights who own more than 5 per cent of all voting rights. where the articles of association provide for a lower percentage threshold for registered shares (art. 685d para. 1), that threshold applies for purposes of the duty of disclosure.3 also to be indicated are the shareholdings in the company and the conversion and option rights held by each current member of the board of directors, executive board and board of advisors including those held by their close associates, specifying the name and function of the member concerned.384382 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).383 revised by the federal assembly drafting committee (art. 33 parlpa; as 1974 1051).384 inserted by no i of the fa of 7 oct. 2005 (transparency in relation to remuneration of members of the board of directors and the executive board), in force since 1 jan. 2007 (as 2006 2629; bbl 2004 4471).art. 663d-663h385 385 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 664 and 665386 386 repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 665a387 387 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 666 and 667388 388 repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 668389 389 repealed by no i of the fa of 4 oct. 1991, with effect from 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 669390 390 repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).ii. valuation, revaluation391 391 amended by no i 1 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 670392 1 where as a result of a net loss for the year the company's capital cover falls below one-half of the share capital and the legal reserves, in order to rectify the negative net worth, the company may revalue land, buildings or equity participations whose real value has risen above their value stated at cost up to a maximum equal to one-half of the share capital and the legal reserves. the revaluation amount is stated separately as a revaluation reserve. 2 the revaluation is permitted only where a licensed auditor issues written confirmation for the attention of the general meeting that the revaluation complies with the relevant statutory provisions.393392 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).393 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).c. reserves i. legal reserves 1. general reserve art. 671394 1 five per cent of the annual profit must be allocated to the general reserve until this equals 20 per cent of the paid-up share capital.2 even after it has reached the statutory level, the following must be allocated to the general reserve:1. any share issue proceeds in excess of the nominal value remaining after the issue costs have been met, unless used to fund write-downs or for staff welfare purposes;2. any amount remaining from sums paid in on forfeited shares after any shortfall on the shares issued in return has been met;3. ten per cent of the amounts distributed as the share in the profit above and beyond payment of a dividend of 5 per cent.3 to the extent it does not exceed one-half of the share capital, the general reserve may be used only to cover losses or for measures designed to sustain the company through difficult times, to prevent unemployment or to mitigate its consequences.4 the provisions in para. 2 number 3 and paragraph 3 do not apply to companies whose primary purpose is to hold equity participations in other companies (holding companies).5 .3956 .396394 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).395 repealed by no ii 2 of the fa of 20 march 2009 on rail reform 2, with effect from 1 jan. 2010 (as 2009 5597 5629; bbl 2005 2415, 2007 2681).396 repealed by annex no ii 1 of the insurance oversight act of 17 dec. 2004, with effect from 1 jan. 2006 (as 2005 5269; bbl 2003 3789).2. reserve for own shares art. 671a397 the reserve for the company's own shares may be written back in the amount of any sold or destroyed shares valued at cost.397 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. revaluation reserve art. 671b398 the revaluation reserve may be written back only by means of conversion into share capital, fresh write-down or disposal of the revalued assets.398 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. reserves pursuant to the articles of association 1. in general art. 672399 1 the articles of association may stipulate that amounts greater than 5 per cent of the annual profit are to be allocated to reserves and that the reserve must contain more than the 20 per cent of paid-up share capital required by law.2 they may provide for the formation of further reserves and specify the purpose and use thereof.399 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. for staff welfare purposes art. 673400 in particular, the articles of association may provide for reserves earmarked for the foundation and funding of welfare schemes for the company's employees.400 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. ratio of the share in the profit to the reserves art. 674401 1 the dividend may be determined only after the allocations to reserves required by the law and the articles of association have been deducted.2 the general meeting may resolve on the formation of reserves which are not provided for by law or the articles of association or which go beyond the requirements thereof, provided that1. this is necessary for replacement purposes;2. with a view to the long-term prosperity of the company or the desirability of a stable dividend, such reserves are justified and in the best interests of the shareholders.3 similarly, the general meeting may resolve on the allocation of disposable profit to form reserves for the foundation and funding of welfare schemes for the company's employees or for other welfare purposes even where such reserves are not provided for in the articles of association.401 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).d. dividends, interest before commencement of operations and shares of profits paid to board members i. dividends art. 675 1 no interest may be paid on the share capital.2 dividends may be paid only from the disposable profit and from reserves formed for this purpose.402402 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. interest before commencement of operations art. 676 1 the shareholders may be paid interest out of the investment account for the time required to prepare and build up the company prior to commencement of full operations. the articles of association must stipulate the latest time by which payment of such interest must cease. 2 if the company is expanded by means of an issue of new shares, the resolution concerning the capital increase may provide for a specified amount of interest to be paid on the new shares from the investment account until a precisely defined date, which must be no later than the date on which the new operational facility commences operations.iii. shares of profits paid to board members art. 677403 shares of the profit may be paid to members of the board of directors only out of the disposable profit and only after the allocation to the legal reserve has been made and a dividend of 5 per cent or a higher percentage laid down by the articles of association has been paid to the shareholders.403 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).e. return of benefits i. in general art. 678404 1 shareholders and members of the board of directors and their close associates who have unduly and in bad faith received dividends, shares of profits paid to board members, other shares of profits or interest before commencement of operations are obliged to return such benefits.2 they are likewise obliged to return other benefits received from the company to the extent these are manifestly disproportionate to the performance rendered in return and to the company's economic situation.3 the claim for restitution accrues to the company and the shareholder; the latter sues for performance to the company.4 the obligation to return such benefits prescribes five years after they were received.404 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. shares of profits paid to board members on insolvency art. 679405 1 where the company is declared insolvent, the members of the board of directors must return all shares of profits paid to board members received in the three years prior to commencement of insolvency proceedings, unless they can show that the conditions for payment of such shares of profits paid to board members set out in law and the articles of association were met; in particular, they must show that the payment was based on prudent accounting.2 .406405 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).406 repealed by the annex to the fa of 21 june 2013, with effect from 1 jan. 2014 (as 2013 4111; bbl 2010 6455).f. shareholder's duty to contribute i. object art. 680 1 a shareholder may not be required, even under the articles of association, to contribute more than the amount fixed for subscription of a share on issue.2 a shareholder does not have the right to reclaim the amount paid-up.ii. consequences of default 1. by law and the articles of association art. 681 1 a shareholder who fails to pay in the issue amount for his share in good time is obliged to pay default interest.2 further, the board of directors has the power to declare that the defaulting shareholder has forfeited his rights in respect of the share subscription and any part payments already made and that his shares are forfeited and to issue new ones in their place. where the forfeited shares have already been issued and cannot be physically obtained, such declaration of forfeiture is published in the swiss official gazette of commerce and in the form envisaged by the articles of association.3 the articles of association may also provide that a shareholder in default also be required to pay a contractual penalty.2. call for performance art. 682 1 where the board of directors intends to declare the defaulting shareholder in forfeit of his rights in respect of the share subscription or to require him to pay the contractual penalty provided for in the articles of association, it must make at least three calls for payment in the swiss official gazette of commerce and in the form provided for by the articles of association and set a grace period for such payment of at least one month commencing on the date on which the last call was published. the shareholder may be declared in forfeit of his rights in respect of the share subscription or required to pay the contractual penalty only if he fails to make the required payment within such grace period.2 in the case of registered shares, such publication is replaced by a registered letter sent to each shareholder entered in the share register calling for payment and setting the grace period. in this case the grace period commences on receipt of the call for payment.3 the defaulting shareholder is liable to the company for the amount not covered by the contributions of the new shareholder.g. issue and transfer of shares i. bearer shares art. 683 1 bearer shares may be issued only after the full nominal value has been paid up.2 shares issued before the full nominal value is paid up are void. claims for damages are reserved.ii. registered shares art. 684407 1 unless otherwise provided by law or the articles of association, the company's registered shares are transferable without restriction.2 transfer by means of transaction may also be effected by handing over the endorsed share certificate to the acquirer.407 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).h. restricted transferability i. statutory restriction art. 685408 1 registered shares that have not yet been fully paid up may be transferred only with the consent of the company, unless they are acquired by inheritance, division of estate, matrimonial property law or compulsory execution.2 the company may withhold consent only if the solvency of the acquirer is in doubt and the security requested by the company is not furnished.408 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. restrictions under the articles of association 1. general principles art. 685a409 1 the articles of association may stipulate that registered shares may be transferred only with the consent of the company.2 this restriction also applies to establishment of a usufruct.3 if the company goes into liquidation, the restriction on transferability is cancelled.409 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. unlisted registered shares a. requirements for refusal art. 685b410 1 the company may refuse to give such consent providing it states good cause cited in the articles of association or offers to acquire the shares from the party alienating them for the company's own account, for the account of other shareholders or for the account of third parties at their real value at the time the request was made.2 provisions governing the composition of the shareholder group which are designed to safeguard the pursuit of the company's objects or its economic independence are deemed to constitute good cause.3 further, the company may refuse entry in the share register where the acquirer fails to declare expressly that he has acquired the shares in his own name and for his own account.4 where the shares were acquired by inheritance, division of estate, matrimonial property law or compulsory execution, the company may withhold its consent only if it offers to purchase the shares from the acquirer at their real value.5 the acquirer may request the court at the seat of the company to determine the real value. the costs of the valuation are borne by the company.6 where the acquirer fails to decline such offer within a month of notification of the real value, it is deemed accepted.7 the articles of association may not impose more restrictive conditions on transferability.410 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).b. effect art. 685c411 1 where the consent required for transfer of shares is not given, the ownership of the shares and all attendant rights remain with the alienator.2 in the case of acquisition of shares by inheritance, division of estate, matrimonial property law or compulsory execution, ownership and the attendant pecuniary rights pass to the acquirer immediately, whereas the attendant participation rights pass to him only when the company has given its consent.3 where the company fails to refuse the request for consent within three months of receipt or refuses it without just cause, consent is deemed to have been given.411 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. listed registered shares a. requirements for refusal art. 685d412 1 in the case of listed registered shares, the company may refuse to accept the acquirer as a shareholder only where the articles of association envisage a percentage limit on the registered shares for which an acquirer must be recognised as shareholder and such limit is exceeded.2 further, the company may refuse entry in the share register where at the company's request the acquirer fails to declare expressly that he has acquired the shares in his own name and for his own account.3 where listed413 registered shares were acquired by inheritance, division of estate or matrimonial property law, entry of the acquirer may not be refused.412 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).413 revised by the federal assembly drafting committee (art. 33 parlpa; as 1974 1051).b. duty of notification art. 685e414 where listed registered shares are sold on a stock exchange, the selling bank must without delay notify the company of the name of the seller and the number of shares sold.414 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).c. transfer of rights art. 685f 415 1 where listed registered shares are acquired on a stock exchange, the attendant rights pass to the acquirer on transfer. where listed registered shares are acquired off-exchange, the attendant rights pass to the acquirer as soon as he has submitted a request for recognition as shareholder to the company.2 until such recognition of the acquirer by the company, he may not exercise the voting right conferred by the shares or any other rights associated with such voting right. the acquirer is not restricted in his exercise of any other shareholder rights, in particular subscription rights.3 acquirers not yet recognised by the company are entered as shareholders without voting rights in the share register once the rights have been transferred. the corresponding shares are deemed to be unrepresented at the general meeting.4 where the company's refusal is unlawful, the company must recognise the acquirer's voting right and the rights associated therewith from the date of the court judgment and pay the acquirer damages unless it can show that it was not at fault.415 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).d. time limit for refusal art. 685g416 where the company fails to refuse the request for recognition within 20 days, the shareholder is deemed to have been recognised.416 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).4. share register a. entry art. 686417 1 the company keeps a share register of registered shares in which the names and addresses of the owners and usufructuaries are recorded. it must be kept in such a manner that it can be accessed at any time in switzerland.4182 entry in the share register requires documentary proof that the share was acquired for ownership or of the reasons for the usufruct thereof.3 the company must certify such entry on the share certificate.4 in relation to the company the shareholder or usufructuary is the person entered in the share register.5 the documents on which an entry is based must be retained for ten years following the deletion of the owner or usufructuary from the share register.419417 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).418 second sentence inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).419 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).b. deletion art. 686a420 after hearing the parties involved the company may delete entries in the share register that resulted from false information supplied by the acquirer. the latter must be informed of the deletion immediately.420 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).5. registered shares not fully paid in421 421 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 687 1 the acquirer of a registered share that is not fully paid up has an obligation to the company to pay up the remainder as soon as he is entered in the share register.2 where the person who subscribed for the share alienates it, he may be sued for the amount not paid up if the company becomes insolvent within two years of its entry in the commercial register and his legal successor has forfeited his rights arising from the share.3 where the seller is not the person who subscribed for the share, he is released from the duty to pay up as soon as the acquirer is entered in the share register.4 until such time as registered shares are fully paid up, the amount of the nominal value paid up must be entered on each share certificate.iii. interim certificates art. 688 1 interim certificates made out to the bearer may be issued only for bearer shares whose the nominal value is fully paid up. interim certificates made out to the bearer issued before the full nominal value is paid up are void. claims for damages are reserved.2 where interim certificates made out to the named holder are issued for bearer shares, they may be transferred only in accordance with the provisions governing assignment of claims, although their transfer does not take effect as against the company until it receives notice thereof.3 interim certificates for registered shares must be made out to a named holder. the transfer of such interim certificates is subject to the provisions governing the transfer of registered shares.j. personal membership rights i. participation in general meetings of shareholders 1. general principle art. 689422 1 the shareholder exercises his rights in the company's affairs, such as the appointment of the governing officers, approval of the annual report and resolutions concerning allocation of the profit, at the general meeting.2 he may represent his shares at the general meeting himself or may have them represented by a third party who, subject to contrary provision in the articles of association, need not be a shareholder.422 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. entitlement as against the company art. 689a423 1 the membership rights conferred by registered shares may be exercised by any person authorised so to do by entry in the share register or a written power of attorney issued by the shareholder.2 the membership rights conferred by bearer shares may be exercised by any person who shows he is in possession of the shares by presenting them. the board of directors may direct that some other form of proof of possession be given.423 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. representation of the shareholder a. in general art. 689b424 1 a person exercising participation rights as a representative must comply with the instructions of the represented party.2 a person in possession of a bearer share as a result of pledge, bailment or loan may exercise the attendant membership rights only if specially authorised to do so by the shareholder in writing.424 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).b. governing officer as representative art. 689c425 where the company proposes a member of its governing bodies or some other associate of the company to the shareholders to represent their voting rights at a general meeting, it must simultaneously designate an independent person who may be entrusted by the shareholders with the task of representing them.425 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).c. custodian as representative art. 689d426 1 where a custodian wishes to act as representative in exercising the participation rights attaching to shares deposited with him, he asks the depositors for voting instructions prior to every general meeting.2 where the depositors' instructions cannot be obtained in good time, the custodian exercises their voting rights in accordance with their general instructions; in the absence of general instructions, he votes in favour of the motions proposed by the board of directors.3 institutions subject to the federal act of 8 november 1934427 on banks and savings banks and financial institutions in accordance with the financial institutions act of 15 june 2018428 are deemed to be custodians acting as representatives.429426 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).427 sr 952.0428 sr 954.1429 amended by annex no ii 1 of the financial institutions act of 15 june 2018, in force since 1 jan. 2020 (as 2018 5247, 2019 4631; bbl 2015 8901).d. disclosure art. 689e430 1 governing officers, independent representatives of voting rights and custodians acting as representatives inform the company of the number, type, nominal value and class of the shares they represent. failure to disclose such information renders the resolutions of the general meeting subject to challenge on the same conditions as apply to unauthorised participation in the general meeting.2 the chairman gives the general meeting the information as aggregates for each form of representation. if he fails to do so even though a shareholder has requested it, any shareholder may challenge the resolutions of the general meeting by bringing action against the company.430 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).4. multiple beneficiaries431 431 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 690 1 where a share is owned collectively, the beneficiaries of the rights it confers may exercise such rights only through a joint representative.2 in the case of the usufruct of a share, such rights are represented by the usufructuary; he is liable in damages to the owner for any failure to take due account of the latter's interests when exercising them.ii. unauthorised participation art. 691 1 the lending of shares for the purpose of exercising voting rights at a general meeting is forbidden if the intention in so doing is to circumvent a restriction on voting rights.2 every shareholder is entitled to object to the participation of unauthorised persons to the board of directors or in the minutes of the general meeting.3 where persons who are not authorised to participate in the general meeting participate in a decision on a resolution, any shareholder may challenge that resolution even if he has not raised an objection, unless the company can prove that their involvement exerted no influence on the decision made.iii. voting rights at general meetings of shareholders 1. general principle art. 692 1 the shareholders exercise their voting rights at general meetings of shareholders in proportion to the total nominal value of the shares belonging to them.2 every shareholder has at least one vote, even if he holds only one share. however, the articles of association may impose restrictions on the number of votes cast by holders of multiple shares.3 in the event that the nominal value of the shares is reduced as part of a restructuring of the company, the voting right conferred by the original nominal value may be retained.2. shares with privileged voting rights art. 693 1 the articles of association may stipulate that voting rights are determined regardless of nominal value by the number of shares belonging to each shareholder such that each share confers one vote.2 in this case, shares with a lower nominal value than other shares of the same company may be issued only as registered shares and must be fully paid up. the nominal value of these other shares must not exceed ten times the nominal value of the voting shares.4323 the allocation of voting rights according to number of shares is not applicable for:1. the election of external auditors;2. the appointment of experts to audit the company's business management or parts thereof;3. any resolution concerning the instigation of a special audit;4. any resolution concerning the initiation of a liability action.433432 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).433 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. entitlement to exercise voting right art. 694 voting right take effect as soon as the amount determined by law or the articles of association is paid up.4. exclusion of voting right art. 695 1 in the case of resolutions concerning the discharge of the board of directors, persons who have participated in any manner in the management of the company's business have no voting rights.2 .434434 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iv. shareholders' rights of control 1. availability of the annual report art. 696435 1 no later than 20 days prior to the ordinary general meeting, the annual report and audit report must be made available for inspection by the shareholders at the seat of the company. any shareholder may request that a copy of these reports be sent to him without delay.2 registered shareholders are notified of this in writing, bearer shareholders by publication in the swiss official gazette of commerce and in the form prescribed by the articles of association.3 any shareholder may request a copy of the annual report in the form approved by the general meeting and of the audit report from the company during the year following the general meeting.435 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. information and inspection art. 697436 1 at the general meeting, any shareholder is entitled to information from the board of directors on the affairs of the company and from the external auditors on the methods and results of their audit.2 the information must be given to the extent required for the proper exercise of shareholders' rights. it may be refused where providing it would jeopardise the company's trade secrets or other interests warranting protection.3 the company ledgers and business correspondence may be inspected only with the express authorisation of the general meeting or by resolution of the board of directors and only if measures are taken to safeguard trade secrets.4 where information or inspection is refused without just cause, the court may order it on application.437436 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).437 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).v. right to instigate a special audit 1. with approval of the general meeting art. 697a438 1 any shareholder may request the general meeting to have specific matters clarified by means of a special audit, where this is necessary for the proper exercise of shareholders' rights and he has already exercised his right to information and inspection.2 where the general meeting adopts the motion, the company or any shareholder may apply to the court within 30 days for appointment of a special auditor.438 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. if motion rejected by the general meeting art. 697b439 1 where the general meeting rejects the motion, shareholders together representing at least 10 per cent of the share capital or shares with a nominal value of 2 million francs may apply to the court within three months for the appointment of a special auditor.2 the applicants are entitled to have a special auditor appointed where they make a prima facie case that the founder members or governing officers have violated the law or the articles of association and thereby harmed the company or the shareholders.439 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. appointment art. 697c440 1 the court decides after hearing the company and the applicant.2 if the court accepts the application, it entrusts an independent expert with the task of carrying out the audit. the court defines the scope of the audit based on the application.3 the court may also entrust the special audit to several experts jointly.440 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745). 4. audit activities art. 697d441 1 the special audit must be carried out within a reasonable period and without unnecessary disruption to the company's business.2 founder members, governing officers, agents, employees, official receivers and liquidators must provide the special auditor with information on any relevant facts. in cases of doubt, the court decides.3 the special auditor hears the company on the results of the special audit.4 he is required to preserve confidentiality.441 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).5. report art. 697e442 1 the special auditor draws up a detailed report on the results of his audit, although he must safeguard trade secrets. he submits his report to the court.2 the court makes the report available to the company and at its request decides whether any passages in the report violate the company's trade secrets or other interests warranting protection and therefore may not be presented to the applicants.3 it gives the company and the applicants the opportunity to respond to the content of the report, adapted as necessary, and to ask supplementary questions.442 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).6. procedure and publication art. 697f 443 1 the board of directors makes the report and the responses to it available to the next general meeting.2 any shareholder may request a copy of the report and the responses to it from the company for one year following the general meeting. 443 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).7. costs art. 697g444 1 where the court grants the request for the appointment of a special auditor, it orders the company to make an advance payment and bear the costs. where justified by special circumstances, it may order the applicants to bear some or all of the costs.2 where the general meeting has approved the special audit, the company bears the costs.444 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 697h445 445 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). repealed by no i 1 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).art. 697i446 446 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force (as 2015 1389; bbl 2014 605). repealed by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, with effect from 1 may 2021 (as 2019 3161; bbl 2019 279).k. obligation of shareholder to give notice i. notice of beneficial owner of shares art. 697j447 1 any person who alone or by agreement with third parties acquires shares in a company whose participation rights are not listed on a stock exchange, and thus reaches or exceeds the threshold of 25 per cent of the share capital or voting rights must within one month give notice to the company of the first name and surname and the address of the natural person for whom it is ultimately acting (the beneficial owner).2 if the shareholder is a legal entity or partnership, each natural person that controls the shareholder in analogous application of article 963 paragraph 2 must be recorded as a beneficial owner. if there is no such person, the shareholder must give notice of this to the company.3 if the shareholder is a company whose participation rights are listed on a stock exchange, if the shareholder is controlled by such a company in accordance with article 963 paragraph 2, or if the shareholder controls such a company in this sense, it must only give notice of this fact and provide details of the company's name and registered office.4 the shareholder must give notice to the company within three months of any change to the first name or surname or to the address of the beneficial owner.5 the obligation to give notice does not apply if the bearer shares are organised as intermediated securities and deposited with a custodian in switzerland or entered in the main register. the company shall designate the custodian.447 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force (as 2015 1389; bbl 2014 605). amended by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).art. 697k448 448 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, (as 2015 1389; bbl 2014 605). repealed by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, with effect from 1 may 2021 (as 2019 3161; bbl 2019 279).ii. register of beneficial owners art. 697l449 1 the company shall keep a register of its beneficial owners that have been notified to the company.2 this register shall contain the first name and surname and the address of the beneficial owners.3 the documents on which notice under article 697j are based must be retained for ten years following the person's deletion from the register.4 the register must be kept in such a manner that it can be accessed in switzerland at any time.449 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force (as 2015 1389; bbl 2014 605). amended by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 may 2021 (as 2019 3161; bbl 2019 279).iii. failure to comply with obligations to give notice450 450 amended by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 may 2021 (as 2019 3161; bbl 2019 279).art. 697m451 1 for as long as the shareholder fails to comply with their obligations to give notice, the membership rights conferred by the shares in respect of which notice of acquisition must be given are suspended.2 the shareholder may only exercise the property rights conferred by the shares if they have complied with their obligations to give notice.3 if the shareholder fails to comply with their obligations to give notice within one month of acquiring the shares, the property rights lapse. if they give notice at a later date, they may exercise the property rights arising from that date.4 the board of directors shall ensure that no shareholders exercise their rights while in breach of their obligations to give notice.451 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).section three: organisation of the company limited by shares a. the general meeting i. powers art. 698 1 the supreme governing body of a company limited by shares is the general meeting.2 it has the following inalienable powers:1. to determine and amend the articles of association;2. to elect the members of the board of directors and the external auditors;3.452 to approve the management report and the consolidated accounts;4. to approve the annual accounts and resolutions on the allocation of the disposable profit, and in particular to set the dividend and the shares of profits paid to board members;5. to discharge the members of the board of directors;6. to pass resolutions concerning the matters reserved to the general meeting by law or the articles of association.453452 amended by no i 1 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).453 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. convocation and agenda items 1. right and duty454 454 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 699 1 the general meeting is convened by the board of directors or, where necessary, by the external auditors.455 the liquidators and the representatives of bond creditors also have the right to convene general meetings.2 the ordinary general meeting takes place every year within six months of the end of the financial year, and extraordinary general meetings are convened as and when required.3 a general meeting may also be convened by one or more shareholders together representing at least 10 per cent of the share capital. shareholders together representing shares with a nominal value of 1 million francs may demand that an item be placed on the agenda. meetings are convened and items placed on the agenda by written request, including details of agenda items and motions.4564 where the board of directors fails to grant such a request within a reasonable time, the court must at the request of the applicant order that a general meeting be convened.455 term in accordance with no ii 2 of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745). this amendment has been made throughout the code.456 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. form art. 700457 1 notice convening the general meeting must be given no later than 20 days before the date for which it is scheduled in the form prescribed by the articles of association.2 the notice convening the meeting must include the agenda items and the motions of the board of directors and the shareholders who have requested that a general meeting be called or an item be placed on the agenda.3 no resolutions may be made on motions relating to agenda items that were not duly notified; exceptions to this are motions to convene an extraordinary general meeting or to carry out a special audit and to appoint an auditor at the request of a shareholder.458.4 no advance notice is required to propose motions on duly notified agenda items and to debate items without passing resolutions.457 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).458 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).3. universal meeting art. 701 1 the owners or representatives of all the company's shares may, if no objection is raised, hold a general meeting without complying with the formal requirements for convening meetings.2 this meeting may hold validly discuss and pass binding resolutions on all matters within the remit of the general meeting, provided that the owners or representatives of all the shares are present.iii. preparatory measures; minutes art. 702459 1 the board of directors takes the necessary measures to determine voting rights.2 it ensures that minutes are kept. these record:1. the number, type, nominal value and class of shares represented by the shareholders, governing officers, independent voting right representatives and custodians acting as representatives;2. the resolutions and results of the elections;3. the requests for information and the answers given in reply;4. the statements made by shareholders for the record.3 the shareholders are entitled to inspect the minutes.459 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iv. participation of members of the board of directors art. 702a460 the members of the board of directors are entitled to participate in the general meeting. they may table motions.460 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).v. resolutions and elections 1. in general461 461 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 703 unless otherwise provided by law or the articles of association, the general meeting passes resolutions and conducts elections by an absolute majority of the voting rights represented.2. important resolutions art. 704462 1 a resolution by the general meeting requires at least two-thirds of the voting rights represented and an absolute majority of the nominal value of shares represented for:1. any amendment of the company's objects;2. the introduction of shares with preferential voting rights;3. any restriction on the transferability of registered shares;4.463 an authorised or contingent capital increase or the creation of reserve capital in accordance with article 12 of the banking act of 8 november 1934464;5. a capital increase funded by equity capital, against contributions in kind or to fund acquisitions in kind and the granting of special privileges;6. any restriction or cancellation of the subscription right;7. a relocation of the seat of the company;8.465 the dissolution of the company2 provisions of the articles of association which stipulate that larger majorities than those prescribed by law are required in order to make certain resolutions may themselves be introduced only with the planned majority.3 registered shareholders who did not vote in favour of a resolution to amend the company's objects or to introduce shares with preferential voting rights are not bound by restrictions on the transferability of their shares imposed by the articles of association for six months following publication of such resolutions in the swiss official gazette of commerce.462 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).463 amended by annex no i of the fa of 30 sept. 2011 (securing stability in the financial sector), in force since 1 march 2012 (as 2012 811; bbl 2011 4717).464 sr 952.0465 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969.3. conversion of bearer shares into registered shares art. 704a466 the resolution of the general meeting on the conversion of bearer shares into registered shares may be passed by a majority of votes cast. the articles of association must not impede the conversion.466 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).vi. dismissal of the board of directors and the auditors467 467 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 705 1 the general meeting is entitled to dismiss the members of the board of directors and the external auditors and any registered attorneys or commercial agents appointed by them.2 the claims for compensation of persons thus dismissed are reserved.vii. challenging resolutions of the general meeting 1. right of action and grounds468 468 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 706 1 the board of directors and every shareholder may challenge resolutions of the general meeting which violate the law or the articles of association by bringing action against the company before the court.2 in particular, challenges may be brought against resolutions which1. remove or restrict the rights of shareholders in breach of the law or the articles of association;2. remove or restrict the rights of shareholders in an improper manner;3. give rise to the unequal treatment or disadvantaging of the shareholders in a manner not justified by the company's objects;4. transform the company into a non-profit organisation without the consent of all the shareholders.4693-4 .4705 a court judgment that annuls a resolution made by the general meeting is effective for and against all the shareholders.469 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).470 repealed by no i of the fa of 4 oct. 1991, with effect 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. procedure art. 706a471 1 the right to challenge lapses if the action is not brought within two months of the general meeting.2 where the board of directors is the claimant, the court appoints a representative for the company.3 .472471 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).472 repealed by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).viii. nullity473 473 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 706b474 in particular, resolutions of the general meeting are void if they:1. remove or restrict the right to participate in the general meeting, the minimum voting right, the right to take legal action or other shareholder rights that are mandatory in law;2. restrict the shareholders' rights of control beyond the legally permissible degree, or3. disregard the basic structures of the company limited by shares or the provisions on capital protection.474 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).b. the board of directors475 475 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).i. in general 1. eligibility476 476 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 707 1 the company's board of directors comprises one or more members.4772 .4783 where a legal entity or commercial company holds an equity participation in the company, it is not eligible as such to serve as a member of the board of directors; however, its representative may be elected in its stead.477 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).478 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).2. . art. 708479 479 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).3. representation of shareholder classes and groups480 480 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 709481 1 where two or more different share classes exist with regard to voting or property rights, the articles of association must stipulate that the shareholders of each different share class are entitled to elect at least one representative to the board of directors.2 the articles of association may contain special provisions to protect minorities or specific groups of shareholders.481 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).4. term of office482 482 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 710483 1 the members of the board of directors are elected for a three-year term of office unless the articles of association provide otherwise. however, the term of office must not exceed six years.2 re-election is possible.483 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 711484 484 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. organisation 1. chairman and secretary art. 712485 1 the board of directors appoints a chairman and a secretary. the latter need not be a member of the board of directors.2 the articles of association may stipulate that the chairman be elected by the general meeting.485 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. resolutions art. 713486 1 the resolutions of the board of directors are made by majority of votes cast. the chairman has a casting vote, unless the articles of association provide otherwise.2 resolutions may also be made by written consent to a proposed motion, provided no member requests that it be debated orally.3 minutes are kept of the board's discussions and resolutions and signed by the chairman and the secretary.486 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. void resolutions art. 714487 the grounds for the nullity of resolutions by the general meeting apply mutatis mutandis to resolutions by the board of directors.487 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).4. right to convene meetings art. 715488 any member of the board of directors may request that the chairman convene a meeting without delay, but must state the reasons for his request. 488 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).5. right to information and inspection art. 715a489 1 any member of the board of directors may request information on any company business.2 at meetings, all members of the board of directors and all persons entrusted with managing the company's business are obliged to give information.3 outside meetings, any member may request information from the persons entrusted with managing the company's business concerning the company's business performance and, with the chairman's authorisation, specific transactions.4 where required for the performance of his duties, any member may request the chairman to have books of account and documents made available to him for inspection.5 if the chairman refuses a request for information, a request to be heard or an application to inspect documents, the board of directors rules on the matter.6 rulings or resolutions of the board of directors conferring on the directors more extensive rights to obtain information or inspect documents are reserved.489 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. duties 1. in general art. 716490 1 the board of directors may pass resolutions on all matters not reserved to the general meeting by law or the articles of association.2 the board of directors manages the business of the company, unless responsibility for such management has been delegated.490 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. non-transferable duties art. 716a491 1 the board of directors has the following non-transferable and inalienable duties:1. the overall management of the company and the issuing of all necessary directives;2. determination of the company's organisation;3. the organisation of the accounting, financial control and financial planning systems as required for management of the company;4. the appointment and dismissal of persons entrusted with managing and representing the company;5. overall supervision of the persons entrusted with managing the company, in particular with regard to compliance with the law, articles of association, operational regulations and directives;6. compilation of the annual report492, preparation for the general meeting and implementation of its resolutions;7. notification of the court in the event that the company is overindebted.2 the board of directors may assign responsibility for preparing and implementing its resolutions or monitoring transactions to committees or individual members. it must ensure appropriate reporting to its members.491 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).492 revised by the federal assembly drafting committee (art. 33 parlpa; as 1974 1051).3. delegation of business management art. 716b493 1 the articles of association may authorise the board of directors to delegate the management of all or part of the company's business to individual members or third parties in accordance with its organisational regulations.2 these regulations regulate the management of the company's business, stipulate the bodies required to carry this out, define their duties and, in particular, regulate the company's internal reporting. on request, the board of directors issues information in writing concerning the organisation of the business management to shareholders and company creditors with a demonstrable interest warranting protection.3 where management of the company's business has not been delegated, it is the responsibility of all the members of the board of directors.493 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iv. duty of care and loyalty art. 717494 1 the members of the board of directors and third parties engaged in managing the company's business must perform their duties with all due diligence and safeguard the interests of the company in good faith.2 they must afford the shareholders equal treatment in like circumstances.494 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).v. representation 1. in general art. 718495 1 the board of directors represents the company externally. unless the articles of association or the organisational regulations stipulate otherwise, every member has authority to represent the company.2 the board of directors may delegate the task of representation to one or more members (managing directors) or third parties (executive officers).3 at least one member of the board of directors must be authorised to represent the company.4 the company must be able to be represented by one person who is resident in switzerland. this person must be a member of the board of directors or an executive officer. they must have access to the share register and to the register under article 697l, unless this register is kept by a financial intermediary.496495 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).496 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names) (as 2007 4791; bbl 2002 3148, 2004 3969). amended by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).2. scope and restriction art. 718a497 1 the persons with authority to represent the company may carry out any legal acts on behalf of the company that are consistent with the company's objects.2 a restriction of such authority has no effect as against bona fide third parties; any provisions governing exclusive representation of the principal place of business or a branch office or governing joint representation of the company that are entered in the commercial register are exceptions to this rule.497 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).3. contracts between the company and its representative art. 718b498 if the company is represented in the conclusion of a contract by the person with whom it is concluding the contract, the contract must be done in writing. this requirement does not apply to contract relating to everyday business where the value of the company's goods or services does not exceed 1,000 francs.498 inserted by no i of the fa of 4 oct. 1991 (as 1992 733; bbl 1983 ii 745). amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).3. signatures499 499 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969969).art. 719 the persons with authority to represent the company must sign by appending their signature to the business name of the company.4. registration500 500 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 720 the board of directors must apply to have the persons with authority to represent the company entered in the commercial register and submit an authenticated copy of the relevant resolution. they must enter their own signatures in person at the commercial registry or submit these in a duly authenticated form.5. registered attorneys and commercial agents501 501 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 721502 the board of directors may appoint registered attorneys and other commercial agents.502 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).vi. directors' and officers' liability503 503 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 722504 the company is liable for any damage caused by unauthorised acts carried out in the exercise of his company function by a person with authority to represent the company or manage its business.504 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 723-724505 505 repealed by no i of the fa of 4 oct. 1991, with effect from 1 july 1992 (as 1992 733; bbl 1983 ii 745).vii. capital loss and overindebtedness 1. duty to notify art. 725506 1 where the last annual balance sheet shows that one-half of the share capital and the legal reserves are no longer covered, the board of directors must without delay convene a general meeting and propose financial restructuring measures.2 where there is good cause to suspect overindebtedness, an interim balance sheet must be drawn up and submitted to a licensed auditor for examination.507 if the interim balance sheet shows that the claims of the company's creditors are not covered, whether the assets are appraised at going concern or liquidation values, the board of directors must notify the court unless certain company creditors subordinate their claims to those of all other company creditors to the extent of the capital deficit.3 if the company does not have an auditor, the licensed auditor must comply with the reporting duties of the auditor conducting a limited audit.508506 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).507 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).508 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).2. commencement or stay of insolvency proceedings art. 725a509 1 on receiving notification, the court commences insolvency proceedings. on application by the board of directors or by a creditor it may grant a stay of insolvency proceedings where there is a prospect of financial restructuring; in this case the court orders measures to preserve the company's assets.2 the court may appoint an administrative receiver and either deprive the board of directors of its power of disposal or make its resolutions conditional on the consent of the administrative receiver. it defines the duties of the administrative receiver.3 public notice of the stay of insolvency proceedings is required only where necessary to protect third parties.509 inserted by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).viii. dismissal and suspension510 510 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 726 1 the board of directors may dismiss committees, managing directors, executive officers, registered attorneys and other commercial agents that it has appointed at any time.2 the registered attorneys and commercial agents appointed by the general meeting may be suspended from their duties at any time by the board of directors, providing a general meeting is convened immediately.3 claims for compensation by persons dismissed or suspended are reserved.c. 511 the external auditors 511 amended by no i 1 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).i. audit requirement 1. ordinary audit art. 727 1 the following companies must have their annual accounts and if applicable their consolidated accounts reviewed by an auditor in an ordinary audit:1. publicly traded companies; these are companies that:a. have equity securities listed on a stock exchange,b. have bonds outstanding,c. contribute at least 20 per cent of the assets or of the turnover to the consolidated accounts of a company in terms of letter a or b;2.512 companies that exceed two of the following thresholds in two successive financial years:a. a balance sheet total of 20 million francs,b. sales revenue of 40 million francs,c. 250 full-time positions on annual average;3. companies that are required to prepare consolidated accounts.2 an ordinary audit must be carried out if shareholders who represent at least 10 per cent of the share capital so request.3 if the law does not require an ordinary audit of the annual accounts, the articles of association may provide or the general meeting may decide that the annual accounts be subjected to an ordinary audit.512 amended by no i of the fa of 17 june 2011 (auditing law), in force since 1 jan. 2012 (as 2011 5863; bbl 2008 1589). see also the transitional provision below relating to this amendment.2. limited audit art. 727a 1 if the requirements for an ordinary audit are not met, the company must have its annual accounts reviewed by an auditor in a limited audit.2 with the consent of all the shareholders, a limited audit may be dispensed with if the company does not have more than ten full-time employees on annual average.3 the board of directors may request the shareholders in writing for their consent. it may set a period of at least 20 days for reply and give notice that failure to reply will be regarded as consent.4 if the shareholders have dispensed with a limited audit, this also applies for subsequent years. any shareholder has however the right, at the latest 10 days before the general meeting, to request a limited audit. in such an event, the general meeting must appoint the auditor.5 the board of directors amends the articles of association to the extent required and applies to the commercial register for the deletion or the registration of the auditor.ii. requirements for the auditor 1. in an ordinary audit art. 727b 1 publicly traded companies must appoint as an auditor an audit firm under state oversight in terms of the auditor oversight act of 16 december 2005513. they must also arrange for audits that must be carried out in terms of the statutory provisions by a licensed auditor or a licensed audit expert to be carried out by a state supervised audit company.2 other companies that are required to have an ordinary audit must appoint as auditor a licensed audit expert in terms of the auditor oversight act of 16 december 2005. they must also arrange for audits that must be carried out in terms of the statutory provisions by a licensed auditor to be carried out by a licensed audit expert.513 sr 221.3022. in a limited audit art. 727c companies that are required to have a limited audit must appoint as auditor a licensed auditor in terms of the auditor oversight act of 16 december 2005514.514 sr 221.302iii. ordinary audit 1. independence of the auditor art. 728 1 the auditor must be independent and form its audit opinion objectively. its true or apparent independence must not be adversely affected.2 the following are in particular not compatible with independence:1. membership of the board of directors, any other decision-making function in the company or any employment relationship with it;2. a direct or significant indirect participation in the share capital or a substantial claim against or debt due to the company;3. a close relationship between the person managing the audit and a member of the board of directors, another person in a decision-making function, or a major shareholder;4. the involvement in the accounting or the provision of any other services which give rise to a risk that the auditor will have to review its own work;5. the assumption of a duty that leads to economic dependence;6. the conclusion of a contract on non-market conditions or of a contract that establishes an interest on the part of the auditor in the result of the audit;7. the acceptance of valuable gifts or of special privileges.3 the provisions on independence apply to all persons involved in the audit. if the auditor is a partnership or a legal entity, then the provisions on independence also apply to the members of the supreme management or administrative body and to other persons with a decision-making function.4 employees of the auditor that are not involved in the audit may not be members of the board of directors or exercise any other decision-making function in the company being audited.5 there is no independence if persons who do not meet the requirements of independence are closely connected to the auditor, persons involved in the audit, the members of the supreme management or administrative bodies or others persons with a decision-making function.6 the provisions on independence also apply to companies that are under the same management as the company being audited or the auditor.2. duties of the auditor a. subject matter and extent of the audit art. 728a 1 the auditor examines whether:1. the annual accounts and, if applicable, the consolidated accounts comply with the statutory provisions, the articles of association and the chosen set of financial reporting standards;2. the motion made by the board of directors to the general meeting on the allocation of the balance sheet profit complies with the statutory provisions and the articles of association;3. there is an internal system of control.2 the auditor takes account of the internal system of control when carrying out the audit and in determining the extent of the audit.3 the management of the board of directors is not the subject matter of the audit carried out by the auditor.b. audit report art. 728b 1 the auditor provides the board of directors with a comprehensive report with conclusions on the financial reporting, the internal system of control as well as the conduct and the result of the audit.2 the auditor provides the general meeting with a summary report in writing on the result of the audit. this report contains:1. an assessment on the result of the audit;2. information on independence;3. information on the person who managed the audit and on his specialist qualifications;4. a recommendation on whether the annual accounts and the consolidated accounts should be approved or rejected with or without qualification.3 both reports must be signed by the person who managed the audit.c. duty to notify art. 728c 1 if the auditor finds that there have been infringements of the law, the articles of association or the organisational regulations, it gives notice of this to the board of directors in writing.2 in addition, it informs the general meeting of any infringements of the law or the articles of association, if:1. these are material; or2. the board of directors fails to take any appropriate measures on the basis of written notice given by the auditor.3 if the company is clearly overindebted and the board of directors fails to notify the court of this, then the auditor will notify the court.iv. limited audit (review) 1. independence of the auditor art. 729 1 the auditor must be independent and form its audit assessment objectively. its true or apparent independence must not be adversely affected.2 involvement in the accounting and the provision of other services for the company being audited are permitted. in the event that the risk of auditing its own work arises, a reliable audit must be ensured by means of suitable organisational and staffing measures.2. duties of the auditor a. subject matter and extent of the audit art. 729a 1 the auditor examines whether there are circumstances that indicate that:1. the annual accounts do not comply with the statutory provisions or the articles of association;2. the motion made by the board of directors to the general meeting on the allocation of the balance sheet profit does not comply with the statutory provisions and the articles of association.2 the audit is limited to conducting interviews, analytical audit activities and appropriate detailed inspections.3 the management of the board of directors is not the subject matter of the audit carried out by the auditor.b. audit report art. 729b 1 the auditor provides the general meeting with a summary report in writing on the result of the audit. this report contains:1. a reference to the limited nature of the audit;2. an assessment on the result of the audit;3. information on independence and, if applicable, on participation in accounting and other services provided to the company being audited;4. information on the person who managed the audit, and on his specialist qualifications.2 the report must be signed by the person who managed the audit.c. duty to notify art. 729c if the company is obviously overindebted and the board of directors fails to notify the court, then the auditor will notify the court.v. common provisions 1. appointment of the auditor art. 730 1 the general meeting appoints the auditor.2 one or more natural persons or legal entities or partnerships may be appointed.3 public audit offices or their employees may also be appointed as auditor provided they meet the requirements of this code. the provisions on independence apply mutatis mutandis.4 at least one member of the auditor must be resident in switzerland, or have its registered office or a registered branch office in switzerland.2. term of office of the auditor art. 730a 1 the auditor is appointed for a period of one up to three financial years. its term of office ends on the adoption of the annual accounts for the final year. re-appointment is possible.2 in the case of an ordinary audit, the person who manages the audit may exercise his mandate for seven years at the most. he may only accept the same mandate again after an interruption of three years.3 if an auditor resigns, it must notify the board of directors of the reasons; the board of directors informs the next general meeting of these reasons.4 the general meeting may remove an auditor at any time with immediate effect.3. information and confidentiality art. 730b 1 the board of directors provides the auditor with all the documents and information that it requires, in writing if so requested.2 the auditor safeguards the business secrets of the company in its assessments, unless it is required by law to disclose such information. in its reports, in submitting notices and in providing information to the general meeting, it safeguards the business secrets of the company.4. documentation and safekeeping of documents art. 730c 1 the auditor must document all audit services and keep audit reports and any other essential documents for at least ten years. it must ensure that electronic data can be made readable for the same period.2 the documents must make it possible to confirm compliance with the statutory provisions in an efficient manner.5. approval of the accounts and allocation of profits art. 731 1 in companies that are required to have their annual accounts and, if applicable, their consolidated accounts reviewed by an auditor, the audit report must be submitted, before the annual accounts and the consolidated accounts are approved at the general meeting, and a resolution is passed on the allocation of the balance sheet profit.2 if an ordinary audit is carried out, the auditor must be present at the general meeting. the general meeting may waive the presence of the auditor by unanimous resolution.3 if the required audit report is not submitted, the resolutions on the approval of the annual accounts and the consolidated accounts as well as on the allocation of the balance sheet profit are null and void. if the provisions on the presence of the auditor are infringed, these resolutions may be challenged.6. special provisions art. 731a 1 the articles of association and the general meeting may specify details on the organisation of the auditor in more detail and expand its range of duties.2 the auditor may not be assigned duties of the board of directors, or duties that adversely affect its independence.3 the general meeting may appoint experts to audit the management or individual aspects thereof.d.515 defects in the organisation of the company 515 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 731b 1 any shareholder or creditor may request the court to take the required measures if a company has any of the following organisational defects:1. the company lacks any of the required corporate bodies.2. a required corporate body of the company is not composed correctly.3. the company is not keeping the share register or the register of its reported beneficial owners in accordance with the regulations.4. the company has issued bearer shares without having equity securities listed on a stock exchange or organising the bearer shares as intermediated securities 5. the company is no longer legally domiciled at its seat.5161bis the court may in particular:1. allow the company a period of time, under threat of its dissolution, within which to re-establish the lawful situation;2. appoint the required corporate body or an administrator;3. dissolve the company and order its liquidation according to the regulations on insolvency proceedings.5172 if the court appoints the required corporate body or an administrator, it determines the duration for which the appointment is valid. it requires the company to bear the costs and to make an advance payment to the appointed persons.3 if there is good cause, the company may request the court to remove the persons the court has appointed.4 the liquidators appointed to liquidate the company under the bankruptcy provisions shall notify the court as soon as they establish overindebtedness; the court opens the bankruptcy proceedings.518516 amended by no ii of the fa of 21 june 2019 on implementing the recommendations of the global forum on transparency and exchange of information for tax purposes, in force since 1 jan. 2021, no 4 in force from 1 may 2021 (as 2019 3161, 2020 957; bbl 2019 279).517 inserted by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).518 inserted by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).section four: reduction of the share capital a. resolution to reduce the capital art. 732 1 where a company limited by shares intends to reduce its share capital without simultaneously replacing the decrease with new, fully paid-up capital, the general meeting must pass a resolution to amend the articles of association accordingly.2 the resolution may be adopted only where it has been ascertained by means of a special audit report that the claims of the company's creditors are fully covered despite the reduction in the share capital. the audit report must be prepared by a licensed audit expert. the licensed audit expert must be present at the general meeting which adopts the resolution.5193 the resolution must contain the results of the audit report and the method by which the capital reduction is to be carried out.5204 any book profit arising from the capital reduction must be used solely for write-downs.5 the share capital may be reduced below 100,000 francs only if it is at the same time replaced by new fully paid-up capital of at least 100,000 francs.521519 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).520 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).521 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).b. cancellation of shares in the event of restructuring art. 732a522 1 if the share capital is reduced to zero for the purpose of restructuring measures and then increased again, the current membership rights of the shareholders lapse at the time of the reduction. issued shares must be cancelled.2 when the share capital is increased again, the former shareholders have subscription rights that may not be withdrawn from them.522 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).b. call on creditors523 523 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 733 if the general meeting passes a resolution to reduce the share capital, the board of directors must give public notice of the resolution three times in the swiss official gazette of commerce as well as in the form envisaged in the articles of association and announce to the creditors that within two months commencing with the third publication in the swiss official gazette of commerce that they may register their claims to be satisfied or secured.c. implementation of the reduction524 524 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 734 the reduction of the share capital may be carried out only after the time limit set for the creditors has expired and the registered claims have been satisfied or secured and may be entered in the commercial register only when it has been verified by public deed that the provisions of this section are fulfilled. the deed must be enclosed with the special audit report.525525 second sentence amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 734a-734e526 526 come into force at a later date (as 2020 4005; bbl 2017 399).vii. gender representation of on the board of directors and in the executive board art. 734f527 unless each gender makes up at least 30 per cent of the board of directors and 20 per cent of the executive board, the following must be indicated in the remuneration report of companies that exceed the thresholds in article 727 paragraph 1 number 2:1. the reasons why genders are not represented as required; and2. the measures being taken to increase representation of the less well represented gender.527 inserted by no i of the fa of 19 june 2020 (company law), in force since 1 jan. 2021 (as 2020 4005; bbl 2017 399). see also art. 4 of the transitional provision to this amendment at the end of the text.d. reduction in the case of negative net worth528 528 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 735 the call to creditors and the satisfaction or securing of their claims may be omitted where the share capital is to be reduced in order to correct a situation of negative net worth caused by losses by an amount not exceeding such losses.section five: dissolution of a company limited by shares a. dissolution in general i. grounds art. 736 the company is dissolved:1. in accordance with the articles of association;2. by resolution of the general meeting, to be recorded in a public deed;3. by the commencement of insolvency proceedings;4.529 by court judgment if shareholders together representing at least ten per cent of the share capital request its dissolution for good cause. the court may order a different solution if appropriate and conscionable for the interested parties;5. in the other cases envisaged by law.529 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).ii. notification for entry in the commercial register art. 737530 where the company is dissolved for reasons other than insolvency or a court judgment, the board of directors notifies the dissolution for entry in the commercial register.530 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. consequences art. 738531 the dissolved company enters into liquidation, with the exception of cases involving a merger, a split or the transfer of its assets to a public sector corporation.531 amended by annex no 2 of the mergers act of 3 oct. 2003, in force since 1 july 2004 ((as 2004 2617; bbl 2000 4337).b. dissolution with liquidation i. consequences of liquidation; powers art. 739 1 a company entering into liquidation retains its legal personality and its existing business name, albeit with the words "in liquidation" appended to it, until such time as its assets have been distributed among the shareholders.2 as of the company's entry into liquidation, the powers of its governing officers are limited to such actions as are necessary to carry out the liquidation but which by their nature may not be performed by the liquidators.ii. appointment and dismissal of the liquidators 1. appointment532 532 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).art. 740 1 the liquidation is carried out by the board of directors, unless the articles of association or a resolution by the general meeting delegate it to other persons.2 the board of directors notifies the liquidators for entry in the commercial register, even where the liquidation is carried out by the board of directors.3 at least one of the liquidators must be resident in switzerland and authorised to represent the company.5334 where the company is dissolved by court judgment, the court appoints the liquidators.534 5 in the event of insolvency, the insolvency administrators carry out the liquidation in accordance with the provisions of insolvency law. the governing officers of the company retain their authority to represent the company only to the extent such representation is still necessary.533 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).534 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).2. dismissal art. 741535 1 the general meeting may dismiss the liquidators it appointed at any time.2 on application by a shareholder, the court may dismiss liquidators and appoint others as necessary for good cause.535 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. liquidation process 1. balance sheet, call on creditors art. 742 1 on taking up their office, the liquidators must draw up a balance sheet.2 the creditors are informed of the dissolution of the company and requested to register their claims, by separate letter in the case of creditors identifiable from the accounting records or in some other manner, and by public announcement in the swiss official gazette of commerce as well as in the form envisaged in the articles of association in the case of unknown creditors and those whose address is not known.2. other duties art. 743 1 the liquidators must wind up the current business, call in any still outstanding share capital, realise the company's assets and perform its obligations, providing the balance sheet and the call to creditors do not indicate overindebtedness.2 where they ascertain that the company is overindebted, they must immediately notify the court; the latter then declares the commencement of insolvency proceedings.3 the liquidators must represent the company in all transactions carried out for liquidation purposes and are entitled to conduct legal actions, reach settlements, conclude arbitration agreements and even, where required for liquidation purposes, to effect new transactions.4 they may also dispose of assets by private sale, unless the general meeting has instructed otherwise.5 where the liquidation lasts for an extended period, they must draw up interim balance sheets every year.6 the company is liable for any damage resulting from unauthorised acts by a liquidator in the exercise of his duties.3. protection of creditors art. 744 1 where known creditors have failed to register their claims, the amount thereof must be deposited with the court.2 similarly, the amount of claims not yet due from the company and of disputed obligations of the company must be deposited with the court unless the creditors are furnished with security in an equivalent amount or the distribution of the company's assets is suspended until such obligations have been performed.4. distribution of assets art. 745 1 unless the articles of association provide otherwise, once the debts of the dissolved company have been discharged, its assets are distributed among the shareholders in proportion to the amounts they contributed and with due regard to the preferential rights attaching to specific share classes.5362 the distribution may take place no sooner than one year after the day on which the call to creditors was made for the third time.3 such distribution may take place after only three months where a licensed audit expert confirms that the debts have been redeemed and that in the circumstances it may safely be assumed that no third party interests will be harmed.537 536 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).537 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iv. deletion from the commercial register art. 746 on completion of the liquidation process, the liquidators apply to the commercial registry for the deletion of the business name.v. retention of the share register, accounting records and register art. 747538 1 the share register, the accounting records and the register under article 697l and the underlying documents must be kept in a safe place for ten years following the deletion of the company. this place shall be decided by the liquidators or if they are unable to agree, by the commercial registry.2 the share register and the register must be retained in such a manner that they can be accessed at any time in switzerland.538 amended by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).c. dissolution without liquidation i. . art. 748750539 539 repealed by annex no 2 of the mergers act of 3 oct. 2003, with effect from 1 july 2004 (as 2004 2617; bbl 2000 4337).ii. takeover by a public sector corporation art. 751 1 where the assets of a company limited by shares are taken over by the confederation, by a canton or, under guarantee from the canton, by a district or commune, with the consent of the general meeting it may be agreed that no liquidation take place.2 the resolution of the general meeting must be made in accordance with the provisions governing dissolution and notified to the commercial registry.3 on entry of the resolution in the commercial register, the transfer of the company's assets and debts is complete and the company's name must be deleted.section six: liability a. liability i. . art. 752540 540 repealed by annex no 1 of the financial services act of 15 june 2018, with effect from 1 jan. 2020 (as 2019 4417; bbl 2015 8901).ii. founder members' liability art. 753541 founder members, members of the board of directors and all persons involved in establishing the company are liable both to the company and to the individual shareholders and creditors for the losses arising where they:1. wilfully or negligently conceal, disguise or give inaccurate or misleading information on contributions in kind, acquisitions in kind or the granting of special privileges to shareholders or other persons in the articles of association, the statutory report or a capital increase report or otherwise act unlawfully in approving such a measure;2. wilfully or negligently induce the entry of the company in the commercial register on the basis of a certificate or deed containing inaccurate information;3. knowingly contribute to the acceptance of subscriptions from insolvent persons.541 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iii. liability for administration, business management and liquidation art. 754542 1 the members of the board of directors and all persons engaged in the business management or liquidation of the company are liable both to the company and to the individual shareholders and creditors for any losses or damage arising from any intentional or negligent breach of their duties.2 a person who, as authorised, delegates the performance of a task to another governing officer is liable for any losses caused by such officer unless he can prove that he acted with all due diligence when selecting, instructing and supervising him.542 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).iv. auditors' liability art. 755543 all persons engaged in auditing the annual and consolidated accounts, the company's establishment, a capital increase or a capital reduction are liable both to the company and to the individual shareholders and creditors for the losses arising from any intentional or negligent breach of their duties.2 if the audit is conducted by a public audit office or by one of its employees, the relevant public authority is liable. legal action against persons involved in the audit is governed by public law.544543 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).544 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).b. damage to the company i. claims outside insolvency art. 756545 1 in addition to the company, the individual shareholders are also entitled to sue for any losses caused to the company. the shareholder's claim is for performance to the company.2 .546545 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).546 repealed by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).ii. claims in insolvency art. 757547 1 in the event of the insolvency of the damaged company, its creditors are entitled to request that the company be compensated for the losses suffered. however, in the first instance the insolvency administrators may assert the claims of the shareholders and the company's creditors.2 where the insolvency administrators waive their right to assert such claims, any shareholder or creditor is entitled to bring them. the proceeds are first used to satisfy the claims of the litigant creditors in accordance with the provisions of the debt collection and bankruptcy act of 11 april 1889548. any surplus is divided among the litigant shareholders in proportion to their equity participation in the company; the remainder is added to the insolvent's estate.3 the assignment of claims held by the company in accordance with article 260 of the debt collection and bankruptcy act of 11 april 1889 is reserved.547 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).548 sr 281.1iii. effect of the resolution of release art. 758549 1 the resolution of release adopted by the general meeting is effective only for disclosed facts and only as against the company and those shareholders who approved the resolution or who have since acquired their shares in full knowledge of the resolution.2 the right of action of the other shareholders lapses six months after the resolution of release.549 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).c. joint and several liability and recourse art. 759550 1 where two or more persons are liable for the losses, each is jointly and severally liable with the others to the extent that the damage is personally attributable to him on account of his own fault and the circumstances.2 the claimant may bring action against several persons jointly for the total losses and request that the court determine the liability of each individual defendant in the same proceedings.3 the right of recourse among several defendants is determined by the court with due regard to all the circumstances.550 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).prescription art. 760551 1 the claim for damages against any person held liable pursuant to the above provisions prescribes five years after the date on which the person suffering damage learned of the damage and of the person liable for it but in any event ten years after the date on which the harmful conduct took place or ceased.2 if the person liable has committed a criminal offence through his or her harmful conduct, then the right to damages or satisfaction prescribes at the earliest when the right to prosecute the offence becomes time-barred. if the right to prosecute is no longer liable to become time-barred because a first instance criminal judgment has been issued, the right to claim damages or satisfaction prescribes at the earliest three years after notice of the judgment is given.551 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).art. 761552 552 repealed by annex no 5 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).section seven: involvement of public sector corporations art. 762 1 where public sector corporations such as the confederation, or a canton, district or commune have a public interest in a company limited by shares, the articles of association of the company may grant that corporation the right to appoint representatives to the board of directors or the external auditors, even if it is not a shareholder.5532 in such companies and in public-private enterprises in which a public sector corporation participates as a shareholder, only the public sector corporation has the right to dismiss the representatives it appointed to the board of directors and the external auditors.3 the members of the board of directors and external auditors appointed by a public sector corporation have the same rights and duties as those elected by the general meeting.554 4 the public sector corporation is liable to the company, shareholders and creditors for the actions of the members of the board of directors and external auditors it appoints, subject to rights of recourse under federal and cantonal law.553 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).554 amended by no i of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).section eight: exclusion of application of the code to public-sector entities art. 763 1 the provisions governing the company limited by shares are not applicable to companies and entities established by special cantonal legislation and partly administered by the public authorities, such as banks, insurance or electricity companies, even if their capital is entirely or partly divided into shares and was raised with the help of private individuals, providing the canton assumes secondary liability for the obligations of such companies and entities.2 the provisions governing the company limited by shares are not applicable to companies and entities established by special cantonal legislation prior to 1 january 1883 and partly administered by the public authorities even if the canton does not assume secondary liability for their obligations.title twenty-seven: the partnership limited by shares a. definition art. 764 1 a partnership limited by shares is a partnership whose capital is divided into shares and in which one or more partners have unlimited joint and several liability to its creditors in the same manner as partners in a general partnership.2 unless otherwise provided, the provisions governing companies limited by shares apply to partnerships limited by shares.3 where the capital of a partnership limited by shares is not divided into shares but into portions which merely define the degree of participation of two or more limited partners, the provisions governing limited partnerships apply.b. directors i. designation and powers art. 765 1 the partners with unlimited liability constitute the directors of the partnership limited by shares. they are responsible for business management and representation. they must be named in the articles of association.2 the names of the directors and persons authorised to represent the partnership and their addresses, places of origin and function must be entered in the commercial register.5553 any changes to the body of partners with unlimited liability require the consent of the existing partners and the amendment of the articles of association.555 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. approval of resolutions of the general meeting art. 766 resolutions of the general meeting concerning modification of the partnership's purpose, extension or curtailment of its areas of business and continuation of the partnership beyond the duration specified in the articles of association require the consent of the directors.iii. withdrawal of authority to manage business and represent the partnership art. 767 1 authority to manage business and represent the partnership may be withdrawn from directors on the same conditions as apply to general partnerships.2 if removed, a director no longer has unlimited liability for the future obligations of the partnership.c. supervisory board i. appointment and powers art. 768 1 responsibility for monitoring and continuous supervision of the management of the partnership's business is allocated to a supervisory board, to which the articles of association may allocate further responsibilities.2 the partnership's directors have no right to vote on the appointment of the supervisory board.3 the particulars of the members of the supervisory board must be entered in the commercial register.ii. liability action art. 769 1 on behalf of the partnership, the supervisory board may hold the directors to account and take action against them before the courts.2 in the event of malicious conduct by the directors, the supervisory board is entitled to take legal action against them even if this is contradictory to a resolution of the general meeting.d. dissolution art. 770 1 the partnership is terminated by the departure, death, incapacity or bankruptcy of all the partners with unlimited liability.2 in other respects, dissolution of the partnership limited by shares is governed by the same provisions as apply to the dissolution of companies limited by shares; however, it may be dissolved by resolution of the general meeting before the date set in the articles of association only with the consent of the directors.3 .556556 repealed by annex no 2 of the mergers act of 3 oct. 2003, with effect from 1 july 2004 (as 2004 2617; bbl 2000 4337).e. resignation art. 771 1 a partner with unlimited liability has the same right to resign as a partner in a general partnership.2 where one of two or more partners with unlimited liability exercises his right to resign, unless the articles of association provide otherwise the partnership is continued by the others.title twenty-eight:557 the limited liability company 557 amended by no i 2 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).section one: general provisions a. definition art. 772 1 a limited liability company is an incorporated company with separate legal personality in which one or more persons or commercial enterprises participate. its nominal capital is specified in the articles of association. it is liable for its obligations to the extent of the company assets.2 each company member participates in the nominal capital by making at least one capital contribution. the articles of association may stipulate obligations to make additional financial and material contributions.b. nominal capital art. 773 the nominal capital must amount to at least 20,000 francs.c. capital contributions art. 774 1 the nominal value of the capital contribution must be at least 100 francs. in the event of restructuring, it may be reduced to one franc.2 capital contributions must be paid up to at least their nominal value.d. profit sharing certificates art. 774a the articles of association may provide for the creation of profit sharing certificates; the corresponding provisions for companies limited by shares apply.e. company members art. 775 a limited liability company may be established by one or more natural persons or legal entities or other commercial enterprises. f. articles of association i. content prescribed by law art. 776 the articles of association must contain provisions on:1. the business name and seat of the company;2. the objects of the company;3. the amount of nominal capital and of the number and nominal value of the capital contributions;4. the form of the company's external communications.ii. conditional requirements as to content art. 776a in order to be binding, provisions on the following matters must be included in the articles of association:1. the grounds and terms for making additional financial and material contributions;2. the grounds for and the terms of first option, pre-emption and purchase rights of company members or the company in relation to the capital contributions;3. prohibition of competition clauses applicable to company members;4. contractual penalties to ensure the fulfilment of obligations imposed by law or the articles of association;5. preferential rights that are tied to individual classes of capital contributions (preferential capital contributions);6. company members' rights to veto resolutions of the members' general meeting;7. restrictions on the voting rights of company members and their rights to appoint representatives;8. profit-sharing certificates;9. reserves in accordance with the articles of association;10. powers accorded to the members' general meeting that go beyond its statutory responsibilities;11. the approval by the members' general meeting of certain decisions made by the managing directors;12. the requirement of the consent of the members' general meeting to the designation of natural persons to exercise management rights for company members that are the legal entities or commercial enterprises;13. the power of the managing director to appoint managers, authorised signatories and authorised officers;14. the payment of shares of profits to the managing directors;15. interest paid to company members until commencement of the company's operations;16. the organisation and duties of the auditor, where these go beyond those prescribed by law;17. the granting of a right to resign under the articles of association, the conditions for exercising the same and the severance payment to be made;18. special reasons for excluding company members from the company;19. grounds for dissolution that differ from the statutory grounds.2 in order to be binding, provisions on the following matters that differ from the statutory regulations must also be included in the articles of association:1. resolutions on the subsequent creation of new preferential capital contributions;2. the transfer of capital contributions;3. the convening of the members' general meeting;4. the allocation of voting rights to company members;5. resolutions passed in the members' general meeting;6. decisions made by the managing director;7. management and the representation;8. prohibition of competition clauses applicable to the managing directors.g. establishment i. certificate of incorporation art. 777 1 the company is established when the founder members declare in public deed that they are founding a limited liability company, lay down the articles of association and appoint the management bodies.2 in the certificate of incorporation, the founder members subscribe for the capital contributions and state that:1. all capital contributions are validly subscribed for;2. the capital contributions correspond to their total issue price;3. the statutory requirements and requirements of the articles of association for the payment of the capital contributions are fulfilled;4. they accept the obligations in terms of the articles of association to make additional financial or material contributions;5.558 there are no other contributions in kind, acquisitions in kind or intended acquisitions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.558 inserted by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).ii. subscription for capital contributions art. 777a 1 in order to be valid, the subscription deed for the capital contributions must indicate the number, nominal value and issue price as well as the class of capital contribution if applicable.2 in the subscription deed, reference must be made to the provisions of the articles of association on:1. obligations to make additional financial contributions;2. obligations to make further material contributions;3. prohibition of competition clauses applicable to company members;4. first option, pre-emption and purchase rights of company members or the company;5. contractual penalties.iii. documents art. 777b 1 in the certificate of incorporation, the notary must specify the foundation documents individually and confirm that they have been laid before him and the founder members.2 the following documents must be appended to the certificate of incorporation:1. the articles of association;2. the incorporation report;3. the audit confirmation;4. confirmation that the capital contributions have been deposited in cash;5. the agreements on contributions-in-kind;6. existing agreements on acquisitions-in-kind.iv. capital contributions art. 777c 1 on foundation, a cash deposit corresponding to the full issue price must be made for each capital contribution.2 in addition, the provisions on companies limited by shares apply to:1. the specification of contributions in kind, acquisitions in kind and the special privileges in the articles of association;2. the entry of details of contributions in kind, acquisitions in kind and of special privileges in the commercial register;3. the payment and audit of capital contributions.h. entry in the commercial register i. company art. 778 the company must be entered in the commercial register at the place where it has its seat.ii. . art. 778a559 559 repealed by no i 2 of the fa of 17 march 2017 (commercial register law), with effect from 1 jan. 2021 (as 2020 957; bbl 2015 3617).j. acquisition of legal personality i. time; failure to meet requirements art. 779 1 the company acquires legal personality through entry in the commercial register.2 it also acquires legal personality even if the requirements for registration are not in fact fulfilled.3 where the requirements of the law or the articles of association are not fulfilled on establishment and if the interests of creditors or company members are substantially jeopardised or harmed thereby, the court may order the dissolution of the company at the request of a creditor or member.4 the right to take legal action lapses three months after notice is published of the establishment of the company in the swiss official gazette of commerce.ii. obligations entered into before registration art. 779a 1 persons who act on behalf of the company before it is entered in the commercial register are personally and jointly and severally liable for their acts.2 where the company accepts obligations within three months of its registration that were expressly entered into in its name, the persons so acting are relieved of liability and only the company is liable.k. amendment of the articles of association art. 780 a resolution of the members' general meeting on an amendment to the articles of association must be publicly certified and entered in the commercial register.l. increase in the nominal capital art. 781 1 the members' general meeting may resolve to increase the nominal capital.2 the implementation of the resolution is the responsibility of the managing directors.3 subscription and the capital contributions are governed by the regulations on the establishment of the company. the reference to rights and obligations under the articles of association is not required if the subscriber is already a member. the relevant regulations on increasing the capital of a company limited by shares also apply to the subscription form. a public invitation to subscribe to the capital contributions is not permitted.5604 an application to register the increase in the nominal capital must be filed with the commercial register within three months of the resolution of the members' general meeting, otherwise the resolution becomes invalid.5 in addition, the corresponding provisions on an ordinary increase in capital for a company limited by shares apply to:1. the form and content of the resolution of the members' general meeting;2. the subscription rights of company members;3. an increase in the company capital from equity capital;4. the report on the increase in capital and the audit confirmation;5. the amendment of the articles of association and the declarations made by the managing directors;6. the registration of the increase in nominal capital in the commercial register and the nullity of official documents issued previously.560 amended by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).m. reduction of the nominal capital art. 782 1 the members' general meeting may resolve to reduce the nominal capital.2 under no circumstances may the nominal capital be reduced below 20,000 francs.3 in order to eliminate a deficit balance caused by losses, the nominal capital may be reduced only if the company members have paid the additional financial contributions provided for in the articles of association in full.4 in addition, the relevant regulations on the reduction of the capital of a company limited by shares apply.n. acquisition of own capital contributions art. 783 1 a company may acquire its own capital contributions only if freely disposable equity capital of a value equivalent to the required funds is available and the total nominal value of these capital contributions does not exceed ten per cent of the nominal capital.2 where capital contributions are acquired in connection with a restriction on transfer or the departure or exclusion of a member, the maximum amount that may be acquired is 35 per cent. the capital contributions in excess of 10 per cent of the nominal capital must be sold within two years or cancelled by means of a reduction in capital.3 where the capital contributions that are to be acquired are tied to an obligation to make additional financial or material contributions, this must be cancelled before acquisition.4 in addition, the relevant regulations on the acquisition by a company limited by shares of its own shares apply to the acquisition by a limited liability company of its own capital contributions.section two: rights and obligations of company members a. capital contributions i. official document art. 784 1 where an official document is issued in respect of capital contributions, this may only take the form of a document in proof or registered security.2 the official document must bear the same information on rights and obligations under the articles of association as the document on subscription to the capital contribution.ii. transfer 1. assignment a. form art. 785 1 the assignment of a capital contribution as well as an obligation to assign must be done in writing.2 the contract of assignment must contain the same information on rights and obligations under the articles of association as the document on subscription to the capital contribution, unless the acquirer is already a member.561561 amended by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).b. consent requirements art. 786 1 an assignment of a capital contribution requires the consent of the members' general meeting. the members' general meeting may refuse consent without stating its reasons.2 the articles of association made deviate from the foregoing by:1. waiving the requirement of consent to the assignment;2. stating the grounds justifying refusal of consent to the assignment;3. providing that consent to the assignment may be refused if the company offers to acquire the capital contribution from the seller at its true value;4. prohibiting any assignment;5. providing that consent to the assignment may be refused if there is doubt that obligations under the articles of association to make additional financial or material contributions will be fulfilled and security requested by the company is not provided.3 where the articles of association prohibit assignment or the members' general meeting refuses to consent to the assignment, the right to resign for good cause is reserved.c. transfer of rights art. 787 1 where the consent of the members' general meeting is required for the assignment of capital contributions, assignment becomes legally effective only when this consent is granted.2 if the members' general meeting fails to refuse consent to the assignment within six months of its receipt, consent is deemed to have been granted.2. special forms of acquisition art. 788 1 where capital contributions are acquired through inheritance, distribution of an estate, matrimonial property law or enforcement proceedings, all related rights and obligations are transferred to the acquirer without requiring the consent of the members' general meeting.2 in order to exercise voting rights and related rights, however, the acquirer requires the recognition of the members' general meeting as a company member who is eligible to vote.3 the members' general meeting may refuse such recognition only if the company offers to acquire the capital contributions from the acquirer at their true value. the offer may be made for the company's own account or for the account of other company members or third parties. unless the acquirer rejects the offer within a month of receiving notice of the true value, the offer is deemed to be accepted.4 unless the members' general meeting rejects the request for recognition within six months of its receipt, recognition is deemed to be granted.5 the articles of association may waive the requirement of recognition.3. determining the true value art. 789 1 if the law or the articles of association stipulate that the true value of the capital contributions should be determined, the parties may request the court to make the valuation.2 the court allocates the costs of the proceedings and the valuation at its discretion.4. usufruct art. 789a 1 the creation of a usufruct over capital contributions is governed by the regulations on the transfer of capital contributions.2 if the articles of association prohibit assignment, then the creation of a usufruct over capital contributions is also prohibited.5. charge art. 789b 1 the articles of association may provide that the creation of a charge over capital contributions requires the consent of the members' general meeting. this may refuse its consent only for good cause.2 if the articles of association prohibit assignment, then the creation of a charge over capital contributions is also prohibited.iii. register of contributions art. 790 1 the company keeps a register of capital contributions. it must be kept in such a manner that it can be accessed at any time in switzerland.5622 the following information must be entered in the register of contributions:1. the names and addresses of the company members;2. the number, the nominal value and, if applicable, the class of the capital contributions of each company member;3. the names and addresses of usufructuaries;4. the names and addresses of charge creditors.3 company members not entitled to exercise voting rights and related rights must be specifically indicated as company members without the right to vote.4 company members have the right to inspect the register of contributions.5 the documents on which an entry is based must be retained for ten years following the deletion of the person concerned from the register of capital contributions.563562 second sentence inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).563 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605). iiibis. notice of the beneficial owner of the capital contributions art. 790a564 1 any person who alone or by agreement with third parties acquires capital contributions and thus reaches or exceeds the threshold of 25 per cent of the nominal capital or voting rights must within one month give notice to the company of the first name and surname and the address of the natural person for whom it is ultimately acting (the beneficial owner).2 if the company member is a legal entity or partnership, each natural person that controls the company member in analogous application of article 963 paragraph 2 must be recorded as a beneficial owner. if there is no such person, the company member must give notice of this to the company.3 if the company member is a company whose participation rights are listed on a stock exchange, if the company member is controlled by such a company in accordance with article 963 paragraph 2, or if the company member controls such a company in this sense, it must only give notice of this fact and provide details of the company's name and registered office.4 the company member must within three months give notice to the company of any change to the first name or surname or the address of the beneficial owner.5 the provisions of the law on companies limited by shares relating to the register of beneficial owners (art. 697l) and the consequences of failing to comply with the obligations to give notice (art. 697m) apply mutatis mutandis.564 inserted by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force (as 2015 1389; bbl 2014 605). amended by no i 1 of the fa of 21 june 2019 on the implementation of the recommendations of the global forum on transparency and the exchange of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).iv. entry in the commercial register art. 791 1 the name, address and place of origin of company members, together with the number and the nominal value of their capital contributions must be entered in the commercial register.2 the company must give notice of registration.v. common property art. 792 where a capital contribution has two or more holders:1. they must designate one person as their representative; they may exercise the rights conferred by the capital contribution only through this person;2. they are jointly and severally liable in respect of obligations to make additional financial and material contributions.b. payment of capital contributions art. 793 1 the company members are obliged to make a payment corresponding to the issue price of their capital contributions.2 the payments may not be refunded.c. liability the company members art. 794 the company is liable for its obligations to the extent of the company assets only.d. additional financial and material contributions i. additional financial contributions 1. principle and amount art. 795 1 the articles of association may require the company members to make additional capital contributions.2 if the articles of association provide for an obligation to make additional financial contributions, they must stipulate the amount of additional capital that may be required to be paid for each capital contribution. this may not exceed twice the nominal value of the capital contribution.3 the company members are liable only to the extent of the additional financial contributions to be made on their own capital contributions.2. call for additional financial contributions art. 795a 1 additional financial contributions are called in by the managing directors.2 they may be called in only if:1. the sum of the nominal capital and statutory reserves is no longer covered;2. the company is unable to continue its business affairs in the proper manner without the additional funds;3. the company requires equity capital for reasons specified in the articles of association.3 additional financial contributions fall due for payment if the company is declared bankrupt.3. repayment art. 795b additional financial contributions may only be refunded in full or in part if the amount is covered by freely disposable equity capital and a licensed audit expert confirms the same in writing.4. reduction art. 795c 1 an obligation under the articles of association to make additional financial contributions may be reduced or abolished only if the nominal capital and the statutory reserves are fully covered.2 the relevant regulations on the reduction of the nominal capital apply.5. continuation art. 795d 1 company members who resign from the company remain subject to the obligation to make additional financial contributions for three further years subject to the following conditions. the time of resignation is determined by the entry in the commercial register.2 company members who have been excluded must only make additional financial contributions if the company is declared bankrupt.3 their obligation to make additional financial contributions lapses insofar as it has been fulfilled by a legal successor.4 the extent of the obligation of company members who have resigned to make additional financial contributions may not be increased.ii. further material contributions art. 796 1 the articles of association may require company members to make further material contributions.2 they may require further material contributions only if this serves the objects of the company, the maintenance of its independence or the preservation of the composition of the groups of company members.3 the object and extent and other essential points according to circumstances of any obligation to make further material contributions related to a capital contribution must be specified in the articles of association. reference may be made to the regulations of the members' general meeting for more precise details.4 obligations under the articles of association to pay money or provide other assets are subject to the provisions on additional financial contributions if no appropriate consideration is provided for and the call for additional contributions serves to cover equity capital requirements.iii. retrospective introduction art. 797 the retrospective introduction or amendment of obligations to make additional financial or material contributions under the articles of association requires the consent of all the company members concerned.e. dividends, interest, shares of profits i. dividends art. 798 1 dividends may only be paid from the balance sheet profit and from reserves formed for that purpose.2 the dividend may only be determined once the allocations to the reserves required by law and by the articles of association have been deducted.3 the dividends must be determined in proportion to the nominal value of the capital contributions; if additional financial contributions have been made, this amount must be added to the nominal value in order to determine the dividends; the articles of association may provide for a different arrangement.ii. interest art. 798a 1 no interest may be paid on the nominal capital and additional financial contributions made.2 the payment of interest to company members prior to commencement of the company's operations is permitted. the corresponding provisions of the law on companies limited by shares on interest paid to company members prior to commencement of the company's operations apply.iii. shares of profits art. 798b the articles of association may provide for the payment of shares of profits to managing directors. the corresponding provisions of the law on companies limited by shares on the payment of shares of profits to managing directors apply.f. preferential capital contributions art. 799 the corresponding provisions of the law on companies limited by shares on preference shares apply to preferential capital contributions.g. refund of payments art. 800 the corresponding provisions of the law on companies limited by shares apply to the refund of payments made by the company to company members, managing directors and persons closely related thereto.h. reserves art. 801565 the relevant provisions of the law on companies limited by shares apply to the reserves.565 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).j. notification of the annual report art. 801a 1 the annual report and the audit report must be sent to company members at the latest together with the invitation to the annual members' general meeting.2 the company members may request that they be sent the version of the annual report that they have approved after members' general meeting.k. right to information and to inspect documents art. 802 1 any company member may request the managing directors to provide information on any company matter.2 unless the company has an auditor, company members have unrestricted access to the company books and files. if the company has an auditor, the books and files may be inspected only if a legitimate interest is credibly demonstrated.3 if there is a risk that a company member may use the information obtained for non-company purposes that may be detrimental to the company, the managing directors may refuse to provide information and allow access to the extent required; if the company member so requests, the members' general meeting decides on the matter.4 if the members' general meeting refuses to provide information or allow access without justification, the court may issue the relevant order at the request of the company member.l. duty of loyalty and prohibition of competition art. 803 1 company members are obliged to safeguard business secrets.2 they must refrain from doing anything detrimental to the interests of the company. in particular, they may not carry on business that brings them a special advantage but which adversely affects the objects of the company. the articles of association may provide that company members be prohibited from carrying on any activities in competition with the company.3 the company members may carry on any activities that are contrary to the duty of loyalty or a prohibition of competition provided all the other company members consent in writing. the articles of association may provide that the consent of the members' general meeting be required instead.4 the special regulations on prohibition of competition clauses applicable to managing directors are reserved.section three: organisation of the company a. members' general meeting i. responsibilities art. 804 1 the supreme governing body of the company is the members' general meeting.2 the members' general meeting has the following inalienable powers:1. to amend the articles of association;2. to appoint and the remove the managing directors;3. to appoint and remove the members of the auditor;4.566 to approve the management report and the consolidated accounts;5. to approve the annual accounts and the resolution on the allocation of the balance sheet profit, and in particular to set the dividend and the shares of profits paid to managing directors;6. to determine the fees paid to managing directors;7. to discharge the managing directors;8. to consent to the assignment of capital contributions or to recognise company members as having the right to vote;9. to consent to the creation of a charge over capital contributions where the articles of association so provide;10. to pass resolutions on the exercise under the articles of association of rights of first option, pre-emption or purchase;11. to authorise the managing director to acquire the company's own capital contributions for the company or to approve such an acquisition;12. to issue detailed regulations on obligations to make additional material contributions where the articles of association make reference to such regulations;13. to consent to the activities of the managing directors or company members that are contrary to the duty of loyalty or the prohibition of competition, where the articles of association waive the requirement of the consent of all company members;14. to decide on whether an application should be made to the court to exclude a company member for good cause;15. to exclude a company member on grounds provided for in the articles of association;16. to dissolve the company;17. to approve transactions carried out by the managing directors that require the consent of the members' general meeting under the articles of association;18. to decide on matters that are reserved to the members' general meeting by law or by the articles of association or which are placed before it by the managing directors.3 the members' general meeting appoints the managers, the authorised signatories and authorised officers. the articles of association may also grant these powers to the managing directors.566 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).ii. convening and conduct of the meeting art. 805 1 the members' general meeting is convened by the managing directors, or if necessary by the auditors. the liquidators also have the right to convene a members' general meeting.2 the annual meeting is held every year within six months of the end of the financial year. extraordinary meetings are convened in accordance with the articles of association or as required.3 the members' general meeting must be convened 20 days at the latest before the date of the meeting. the articles of association may extend this period or reduce it to no less than ten days. the possibility of a universal meeting is reserved.4 resolutions may also be done in writing unless a company members requests an oral discussion.5 in addition, the relevant provisions on the company limited by shares apply to:1. convening the meeting;2. the right of company members to convene a meeting and table motions;3. the business to be discussed;4. motions;5. universal meetings;6. preparatory measures;7. the minutes;8. the representation of company members;9. the participation of unauthorised persons.iii. voting rights 1. determination art. 806 1 the voting rights of company members are determined by the nominal value of their capital contributions. each company member has at least one vote. the articles of association may limit the number of votes allocated to the owner of several capital contributions.2 the articles of association may specify that voting rights are not dependent on nominal value with the result that each capital contribution carries one vote. in this case, the capital contributions with the lowest nominal value must be worth at least one tenth of the nominal value of the other capital contributions.3 the determination of the voting rights according to the number of capital contributions does not apply to:1. the appointment of the members of the auditor;2. the appointment of experts to inspect management practices or individual parts thereof;3. the resolution on raising a liability action.2. exclusion of the right to vote art. 806a 1 in the case of resolutions on the discharge of the managing directors, persons who have participated in management in any way are not permitted to vote.2 in the case of resolutions on the acquisition of its own capital contribution by the company, company members who are relinquishing their capital contributions are not permitted to vote.3 in the case of resolutions on consenting to activities of a company member that are contrary to the duty of loyalty or the prohibition of competition, the person concerned is not permitted to vote.3. usufruct art. 806b in the case of a usufruct over a capital contribution, the usufructuary has the right to vote and related rights. he is liable to the owner in damages if he fails to give due consideration to the interests of the owner when exercising his rights.iv. right of veto art. 807 1 the articles of association may grant company members a right of veto over certain resolutions of the members' general meeting. they must the detail the decisions to which the right of veto applies.2 the retrospective introduction of a right of veto requires the consent of all company members.3 the right of veto may not be transferred.v. resolutions 1. in general art. 808 the members' general meeting passes resolutions and conducts its elections by an absolute majority of the votes represented, unless the law or articles of association provide otherwise.2. casting vote art. 808a the chair of the members' general meeting has the casting vote. the articles of association may provide otherwise.3. important resolutions art. 808b 1 a resolution of the members' general meeting passed by a majority of at least two thirds of the votes represented and an absolute majority of the entire nominal capital in respect of which a right to vote may be exercised is required in the case of:1. the amendment of the objects of the company;2. the introduction of capital contributions with preferential voting rights;3. an increase in or easing of the restrictions on or the prohibition of the transferability of capital contributions;4. consent to the assignment of capital contributions or recognition as a company member who is entitled to vote;5. an increase in the nominal capital;6. the restriction or revocation of subscription rights;7. consent to activities of the managing director or company members that are contrary to the duty of loyalty or the prohibition of competition;8. an application to the court to exclude a company member for good cause;9. the exclusion of a company member on the grounds specified in the articles of association planned;10. the relocation of the seat of the company;11. the dissolution the company.2 provisions of the articles of association stipulating larger majorities than those required by law for certain resolutions may only be introduced if approved by the planned majority.vi. contesting resolutions of the members' general meeting art. 808c the relevant provisions on companies limited by shares apply to the contesting of resolutions of the members' general meeting.b. management and representation i. designation the managing director and organisation art. 809 1 the company members are jointly responsible for the management of the company. the articles of association may adopt alternative provisions on management.2 only natural persons may be appointed as managing directors. where a legal entity or a commercial enterprise is a participant in the company, if applicable it appoints a natural person to exercise this function in its stead. the articles of association may require the consent of the members' general meeting for this.3 where a company has two or more managing directors, the members' general meeting must appoint a chairman.4 where a company has two or more managing directors, they decide by a majority of the votes cast. the chairman has the casting vote. the articles of association may adopt alternative provisions on decision making by the managing directors.ii. duties of the managing directors art. 810 1 the managing directors are responsible for all matters not assigned by law or the articles of association to the members' general meeting.2 subject to the reservation of the following provisions, the managing directors have the following inalienable and irrevocable duties:1. the overall management of the company and issuing the required directives;2. determining the organisation in accordance with the law and the articles of association;3. organising the accounting, financial control and financial planning systems as required for the management of the company;4. supervising of the persons who are delegated management responsibilities, in particular with regard to compliance with the law, articles of association, regulations and directives;5. the preparation of the annual report (annual accounts, management report and if applicable consolidated accounts);6. the preparation for the members' general meeting as well as the implementation of its resolutions;7. the notification of the court in the event that the company is overindebted.3 the chairman of the executive board or if applicable the sole managing director has the following duties:1. to convene and chair the members' general meeting;2. to issue communications to the company members;3. to ensure the required notifications are made to the commercial register.iii. approval by the members' general meeting art. 811 1 the articles of association may provide that the managing directors:1. submit certain decisions to the members' general meeting for approval;2. may submit individual matters to the members' general meeting for approval.2 approval by the members' general meeting does not restrict the liability of the managing directors.iv. duty of care and of loyalty; prohibition of competition art. 812 1 the managing directors and third parties who are involved in management must carry out their duties with all due care and safeguard the interests of the company in good faith.2 they are subject to the same duty of loyalty as the company members.3 they may not carry on any activities in competition with the company unless the articles of association provide otherwise or all other company members consent to the activity in writing. the articles of association may provide that the consent of the members' general meeting be required.v. equal treatment art. 813 the managing directors and third parties who are involved in management must treat company members equally under the same circumstances.vi. representation art. 814 1 each managing director has the right to represent the company.2 the articles of association may adopt alternative provisions on representation, but at least one managing director must be authorised to represent the company. the articles of association may refer to regulations that set out the details.3 the company must be able to be represented by a person who is resident in switzerland. this person must be a managing director or a manager. they must have access to the register of capital contributions and to the register of beneficial owners under article 697l.5674 the relevant provisions on companies limited by shares apply to the extent of and restrictions on the right to act as a representative and to contracts between the company and the person that is representing it.5 the persons authorised to represent the company must sign on its behalf by appending their signature to the business name.6 they must be entered in the commercial register. they must enter their own signatures in person at the office of the commercial registrar or submit these in a duly authenticated form.567 amended by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).vii. removal of managing directors; revocation of the right to represent the company art. 815 1 the members' general meeting may remove managing directors that it has appointed at any time.2 any company member may request the court to revoke or restrict the right of a managing director to manage or represent the company where there is good cause, and in particular if the person concerned has seriously breached his obligations or is no longer able to manage the company competently.3 the managing directors may at any time suspend managers, authorised signatories or authorised officers in their capacity.4 if these persons have been appointed by the members' general meeting, a members' general meeting must be convened without delay.5 claims for compensation made by persons who have been removed or suspended are reserved.viii. nullity of decisions art. 816 decisions made by the managing directors are subject mutatis mutandis to the same grounds for nullity as resolutions of the general meeting of a company limited by shares.ix. liability art. 817 the company is liable for losses or damage caused by unauthorised acts carried out in the exercise of his business activities by a person authorised to manage or represent the company.c. auditor art. 818 1 the relevant provisions on companies limited by shares apply to the auditor.2 a company member subject to an obligation to make additional financial contributions may request an ordinary audit of the annual accounts.d. defects in the organisation the company art. 819 the relevant provisions on companies limited by shares apply to defects in the organisation the company.e. loss of capital and overindebtedness art. 820 1 the relevant provisions on companies limited by shares apply to the duty to notify in the event of a loss of capital or the overindebtedness of the company and to the commencement and stay of bankruptcy proceedings.2 the court may stay bankruptcy proceedings at the request of the managing directors or of a creditor, in particular if outstanding additional capital contributions will be paid without delay and there is a prospect of restructuring.section four: dissolution and resignation a. dissolution i. grounds art. 821 1 a limited liability company must be dissolved:1. if ground for dissolution stated in the articles of association applies;2. if the members' general meeting so resolves; 3. if bankruptcy proceedings are commenced;4. in the other cases provided for by the law.2 if the members' general meeting resolves to dissolve the company, the resolution must be in the form of a public deed.3 any company member may request the court to dissolve the company for good cause. instead of dissolution, the court may opt for an alternative solution that is appropriate and reasonable for the persons concerned, such as the payment of a financial settlement to the company member requesting dissolution commensurate with the true value of his capital contribution.ii. consequences art. 821a 1 the relevant provisions on companies limited by shares apply to the consequences of dissolution.2 the dissolution of a company must be entered in the commercial register. where dissolution is ordered by the court, the court must notify the commercial register without delay. where dissolution is on other grounds, the company must notify the commercial register.b. resignation of company members i. resignation art. 822 1 a company member may apply to the court to for leave to resign for good cause.2 the articles of association may grant company members the right to resign and make this subject to certain conditions.ii. follow-up resignations art. 822a 1 where a company member files an action for leave to resign for good cause or a company member tenders his resignation based on a right of resignation under the articles of association, the managing directors must notify the other company members without delay.2 if other company members within three months of receipt of such notice file an action for leave to resign for good cause or exercise a right of resignation under the articles of association, all departing company members must be treated equally in proportion to the nominal value of their capital contributions. where additional financial contributions have been made, the value thereof must be added to the nominal value.iii. exclusion art. 823 1 where there is good cause, the company may apply to the court for the exclusion of a company member.2 the articles of association may provide that the members' general meeting company may exclude members from the company on specific grounds.3 the regulations on follow-up resignations do not apply.iv. interim measures art. 824 in proceedings relating to the withdrawal of a company member, the court may at the request of a party order that individual or all membership rights and obligations the person concerned be suspended.v. financial settlement 1. entitlement and amount art. 825 1 where a company member leaves the company, he is entitled to a financial settlement that reflects the true value of his capital contributions.2 where the company member leaves by exercising a right of resignation under the articles of association, the articles of association may adopt different provisions on compensation.2. payment art. 825a 1 the financial settlement becomes due for payment when the company members leaves, provided the company:1. has disposable equity capital;2. is able to dispose of the capital contributions of the departing member;3. is entitled to reduce its nominal capital in compliance with the relevant provisions.2 a licensed audit expert must establish the extent of the disposable equity capital. if this is insufficient to pay the financial settlement, he must state his opinion on the extent to which the nominal capital could be reduced.3 the former company member holds a non-interest-bearing subordinate ranking claim in respect of any portion of the financial settlement that is not paid out. this becomes due for payment to the extent that disposable equity capital is declared to be available in the annual annual report.4 for as long as the financial settlement has not been paid in full, the former company member may request that the company appoint an auditor and arrange for an ordinary audit of the annual accounts.c. liquidation art. 826 1 each company member has the right to a share of the proceeds of liquidation corresponding to fraction that nominal value of his capital contribution represents of the nominal capital. where additional financial contributions have been made and not refunded, their value must be added to the capital contributions of the company member concerned and to the nominal capital. the articles of association may adopt an alternative provision.2 the relevant provisions on companies limited by shares apply to the dissolution of a company with liquidation.section five: liability art. 827 the relevant provisions on companies limited by shares apply to the liability of persons who are involved in the establishment, management, auditing or liquidation of a limited liability company.title twenty-nine: the cooperative section one: definition and establishment a. cooperatives under the code of obligations art. 828 1 a cooperative is a corporate entity consisting of an unlimited number of persons or commercial enterprises which primarily aims to promote or safeguard the economic interests of the society's members by way of collective self-help or which is established for charitable purposes.5682 cooperatives with a predetermined nominal capital are not permitted.568 amended by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).b. cooperatives under public law art. 829 associations of persons under public law are governed by federal and cantonal public law even where formed to pursue cooperative purposes.c. establishment i. requirements 1. in general art. 830 the cooperative is established by entry in the commercial register once the articles of association have been drawn up and approved by the constituent assembly.2. number of members art. 831 1 at least seven members must be involved in the establishment of a cooperative.2 where the number of members subsequently drops below the minimum number, the provisions of the law on companies limited by shares on defects in the organisation of a company apply.569569 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. articles of association 1. content prescribed by law art. 832 the articles of association must contain provisions concerning:1. the name (business name) and seat of the cooperative;2. the objects of the cooperative;3. any obligation on members to make cash or other contributions and the nature and amount thereof;4.570 the governing bodies for the administration and for auditing and the manner in which it is to be represented;5. the form of the cooperative's external communications.570 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 479 ; bbl 2002 3148, 2004 3969).2. further provisions art. 833 in order to be binding, provisions on the following matters must be included in the articles of association:1. creation of the cooperative's nominal capital by means of cooperative shares (share certificates);2. contributions in kind to the cooperative's nominal capital, the nature and imputed value thereof and the requirements pertaining to the person of the contributor;3. assets taken over on establishment of the society, the remuneration for such assets and the requirements pertaining to the person of their owner;4. accession to the cooperative and loss of membership, where such rules differ from the statutory provisions;5. members' personal liability and their liability to make additional contributions;6. the organisation and representation of the society, amendment of its articles of association and the adoption of resolutions by the general assembly, where such rules differ from the statutory provisions;7. restrictions on or extensions of the exercise of members' voting rights;8. the calculation and allocation of net profit and the liquidation surplus. iii. constituent assembly art. 834 1 the articles of association are drawn up in writing and submitted to an assembly convened by the founder members for consultation and approval.2 further, a written report by the founder members on any contributions in kind and assets to be taken over is made available to the assembly for consultation. the founder members must confirm that there are no other contributions in kind, acquisitions in kind or intended acquisitions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.5713 this assembly also appoints the necessary governing bodies.4 until the cooperative has been entered in the commercial register, the membership may be established only by signing the articles of association.571 second sentence inserted by no i 2 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021 (as 2020 957; bbl 2015 3617).iv. entry in the commercial register 1. cooperative art. 835572 the cooperative is entered in the commercial register of the place at which it has its seat.572 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).2. . art. 836573 573 repealed by no i 2 of the fa of 17 march 2017 (commercial register law), with effect from 1 jan. 2021 (as 2020 957; bbl 2015 3617).3. register of members art. 837574 1 the cooperative shall keep a register in which the first name and surname or the business name of the members and their addresses are recorded. it must keep the register in such a manner that it can be accessed at any time in switzerland.2 the documents on which an entry is based must be retained for ten years following the deletion of the member concerned from the register.574 amended by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).v. acquisition of legal personality art. 838 1 the cooperative acquires legal personality only through entry in the commercial register.2 a person acting in the name of the cooperative prior to entry in the commercial register is liable personally and jointly and severally for his actions.3 where such obligations were entered into expressly in the name of the cooperative to be established and are assumed by the latter within three months of its entry in the commercial register, the persons who contracted them are released and only the cooperative is liable.section two: acquisition of membership a. general principle art. 839 1 new members may be accepted into a cooperative at any time.2 providing the principle of unlimited membership is respected, the articles of association may lay down more detailed provisions governing accession; however, they must not impose excessive obstacles to accession.b. declaration of accession art. 840 1 accession requires a written declaration.2 where, in addition to being liable with its assets, a cooperative provides for personal liability or the liability to make additional contributions on the part of the individual members, the declaration of accession must state such obligations expressly.3 the directors decide on acceptance of new members, unless under the articles of association, a mere declaration of accession is sufficient or a resolution of the general assembly is required.c. in connection with an insurance policy art. 841 1 where membership of the cooperative is linked with taking out an insurance policy with such society, membership is acquired on acceptance of the insurance application by the competent governing body.2 insurance policies concluded by a licensed insurance cooperative with its members are subject to the federal act of 2 april 1908575 on insurance policies in the same manner as insurance policies concluded with third parties.575 sr 221.229.1section three: loss of membership a. departure i. freedom to leave art. 842 1 provided no resolution has been made to dissolve the cooperative, every member is free to leave.2 the articles of association may provide that the departing member is obliged to pay an appropriate severance penalty where in the circumstances his departure causes the cooperative significant losses or jeopardises its continued existence.3 any permanent ban on or excessive obstacle to departure imposed by the articles of association or by agreement is void.ii. restriction of departure art. 843 1 a member may be barred from leaving by the articles of association or by agreement for no more than five years.2 even during this period a member may leave for good cause. the obligation to pay an appropriate severance penalty on the same conditions as apply to members with an unrestricted right of departure is reserved.iii. notice and timing of departure art. 844 1 members may leave only as of the end of the financial year and on expiry of one year's notice.2 the articles of association may stipulate a shorter notice period and may permit departures in the course of the financial year.iv. exercise in bankruptcy and attachment art. 845 where the articles of association grant a departing member a share of the cooperative's assets, a bankrupt member's right to leave may be exercised by the bankruptcy administrators or, if his share has been attached, by the debt collection office.b. exclusion art. 846 1 the articles of association may stipulate the grounds on which a member may be excluded.2 moreover, a member may be excluded at any time for good cause.3 exclusions are decided by the general assembly. the articles of association may stipulate that the directors are responsible, in which case the excluded member has right of recourse to the general assembly. a member may appeal against his exclusion to the courts within three months.4 the excluded member may be required to pay an appropriate severance penalty on the same conditions as apply to members with an unrestricted right of departure.c. death of a member art. 847 1 membership lapses on the death of the member.2 however, the articles of association may stipulate that his heirs automatically become members of the cooperative.3 further, the articles of association may stipulate that the heirs or one of two or more heirs must, on written request, be recognised as member in place of the deceased member.4 the community of heirs must appoint a joint representative to act as a member of the cooperative.d. lapse of office, employment or contract art. 848 where membership of a cooperative is linked to the holding of an office or an employment relationship or is the result of a contractual relationship, as in the case of an insurance cooperative, unless the articles of association provide otherwise, membership lapses on termination of such office, employment or contract. e. transfer of membership i. in general art. 849 1 the assignment of shares in the cooperative and, where a certificate is issued as proof of membership or such share, the transfer of this certificate do not automatically make the acquirer a member. he becomes a member only after the existing members have passed a resolution of acceptance as required by law and the articles of association.2 until such time as the acquirer becomes a member, the alienator is entitled to exercise his personal membership rights.3 where membership of a cooperative is linked with a contract, the articles of association may stipulate that, if the contract is subsequently taken over, membership automatically passes to the legal successor.ii. by transfer of land or commercial exploitation art. 850 1 the articles of association may make membership of a cooperative conditional on ownership or commercial exploitation of a property.2 in such cases the articles of association may stipulate that, in the event that the property or commercial operations change hands, membership automatically passes to the acquirer.3 a transfer of membership resulting from the alienation of property is valid as against third parties only if entered under priority notice in the land register.f. departure of the legal successor art. 851 in the case of transfer and inheritance of membership, the conditions for leaving the society are the same for the legal successor as for the former member.section four: rights and obligations of the members a. proof of membership art. 852 1 the articles of association may stipulate that a certificate be issued as proof of membership.2 such proof may also be provided as part of the member's share certificate.b. share certificates art. 853 1 where a cooperative has shares, each member joining it must take at least one.2 the articles of association may stipulate that multiple shares may be acquired, up to a specified maximum.3 share certificates are made out in the member's name. however, they may not be made out in the form of negotiable securities, but only as documents in proof.c. equality art. 854 the members all have equal rights and obligations, unless the law makes an exception.d. rights i. voting right art. 855 the rights of members to participate in the affairs of the cooperative, in particular with regard to the management of its business and the promotion of the society's interests, are exercised by taking part in the general assembly of members or, where prescribed by law, in ballots.ii. control by the members 1. disclosure of the balance sheet art. 856 1 no later than ten days prior to the general assembly of members or the ballot to decide on approval of the management report, the consolidated accounts and the annual accounts, these documents together with the audit report must be made available at the seat of the cooperative for inspection by its members.5762 the articles of association may stipulate that each member is entitled, at his own expense, to request a copy of the profit and loss account and the balance sheet from the cooperative.576 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).2. release of information art. 857 1 the members may draw the attention of the auditor to dubious procedures and request the necessary information.5772 the society's ledgers and business correspondence may be inspected only with the express authorisation of the general assembly of members or by resolution of the directors and if measures are taken to safeguard trade secrets. 3 the court may order the cooperative to provide the members with information on significant matters relevant to the exercise of their right of control in the form of authenticated copies from its ledgers or correspondence. the court order must not jeopardise the interests of the cooperative.4 the members' right of control may not be excluded or restricted either by the articles of association or by resolutions made by a governing body of the society.577 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iii. rights to share the net profit 1. . art. 858578 578 repealed by no i 3 of the fa of 23 dec. 2011 (financial reporting law), with effect from 1 jan. 2013 (as 2012 6679; bbl 2008 1589).2. profit distribution principles art. 859 1 unless the articles of association provide otherwise, any net profit on the cooperative's business operations passes in its entirety to the society's assets.2 where distribution of the net profit among the members is provided for, unless the articles of association dictate otherwise, it is distributed according to the use of the society's facilities by individual members.3 where share certificates exist, the portion of the net profit paid out on them must not exceed the usual rate of interest for long-term loans without special security.3. duty to form and accumulate a reserve fund art. 860 1 where the net profit is used for a purpose other than to build up the society's assets, each year one twentieth of it must be allocated to a reserve fund. such allocations must be made for at least 20 years; where share certificates exist, they must in any event be made until the reserve fund is equal to one-fifth of the society's capital.2 the articles of association may stipulate that the reserve fund must be accumulated more rapidly.3 to the extent that the reserve fund does not exceed one-half of the society's other assets or, where share certificates exist, one-half of the society's capital, it may be used only to cover losses or for measures designed to sustain the society's pursuit of its objects in difficult times.4 .579579 repealed by annex no ii 1 of the insurance oversight act of 17 dec. 2004, with effect from 1 jan. 2006 (as 2005 5269; bbl 2003 3789).4. net profit at credit cooperatives art. 861 1 credit cooperatives may lay down articles of association that derogate from the provisions governing distribution of net profit contained in the previous articles, but they too are obliged to form a reserve fund and to use it in accordance with the above provisions.2 each year at least one-tenth of the net profit must be allocated to the reserve fund until it equals one-tenth of the cooperative's nominal capital.3 where a portion of the net profit is paid out to holders of shares in the cooperative and that portion exceeds the usual rate of interest for long-term loans without special security, one-tenth of the amount by which it exceeds the usual interest rate must likewise be allocated to the reserve fund.5. welfare funds art. 862 1 the articles of association may also provide for allocations to establish and finance other funds, in particular funds dedicated to the welfare of employees of the company and related workers and for members of the cooperative.2-4 .580580 repealed by no i let. b of the fa of 21 march 1958, with effect from 1 july 1958 (as 1958 379; bbl 1956 ii 825).6. further allocations to reserves art. 863 1 allocations to the reserve fund and other funds in accordance with the law and the articles of association are deducted in the first instance from the net profit available for distribution.2 where it is deemed appropriate in order to secure the long-term health of the cooperative, the general assembly of members may also resolve to create reserves which are not envisaged by or meet higher requirements than are specified by the law or the articles of association.3 similarly, contributions may be deducted from the net profit for the purpose of creating and financing welfare funds for employees, other workers and members or for other welfare purposes even where these are not envisaged in the articles of association; such contributions are subject to the provisions governing welfare funds established by the articles of association.iv. entitlement to settlement 1. under the articles of association art. 864 1 the articles of association determine whether the departing members or their heirs have claims on the society's assets and, if so, what those claims are. such claims must be calculated on the basis of the net balance sheet assets excluding reserves at the time the member leaves the cooperative.2 the articles of association may grant the departing member or his heirs the right to the full or partial repayment of the value of his share certificate excluding the entry fee. they may stipulate that this repayment be deferred for up to three years after the member's departure.3 even where the articles of association make no such provision, the cooperative remains entitled to defer the repayment for up to three years where it would cause the society considerable losses or jeopardise its continued existence. any entitlement of the cooperative to a severance penalty paid by the departing member is unaffected by this provision.4 the claims of the departing member or his heirs prescribe three years after the time at which the settlement becomes payable by the cooperative.2. by law art. 865 1 where the articles of association make no provision for a settlement entitlement, departing members or their heirs have no such entitlement.2 where the cooperative is dissolved within one year of the member's departure or death and the assets are distributed, the departed member or his heirs have the same entitlement as the members present on dissolution.e. duties i. duty of loyalty art. 866 the members are obliged to safeguard the interests of the cooperative loyally and in good faith.ii. duty to make contributions art. 867 1 the articles of association define the obligatory contributions.2 where the members are obliged to pay in contributions on share certificates or to make other contributions, the cooperative must call them in by registered letter with an appropriate time limit for performance.3 where no payment is forthcoming on first request and the member fails to comply within one month of a second call for payment, he may be declared to have forfeited his rights as member of the cooperative, providing he was previously warned of this consequence by registered letter.4 unless the articles of association provide otherwise, the declaration of forfeiture does not release the member from obligations already due or falling due by virtue of his exclusion.iii. liability 1. of the cooperative art. 868 the cooperative is liable with its assets for its obligations. it is liable exclusively, unless the articles of association provide otherwise.2. of the members a. unlimited liability art. 869 1 except in the case of licensed insurance cooperatives, the articles of association may provide that, after the society's assets, the members have unlimited personal liability.2 where this is the case and creditors suffer losses on the insolvency of the cooperative, the members are jointly and severally liable with their entire assets for all obligations of the society. claims in respect of this liability are brought by the insolvency administrators until the insolvency proceedings are complete.b. limited liability art. 870 1 except in the case of licensed insurance cooperatives, the articles of association may provide that, after the society's assets, the members have limited personal liability for the cooperative's obligations above and beyond their membership contributions and the value of their cooperative shares, although only up to a specified amount.2 where shares are held in the society, the amount for which the individual members are liable is determined by the value of their share.3 claims in respect of this liability are brought by the insolvency administrators until the insolvency proceedings are complete.c. liability to make additional contributions art. 871 1 instead of or in addition to such liability, the articles of association may require the members to make additional contributions, which may be used only to cover net losses for the year.2 the liability to make additional contributions may be unlimited or else limited to specified amounts or to a specified proportion of the member's contribution or share in the society.3 where the articles of association make no provision on how additional contributions are to be shared among the members, the amount due from each is determined according to the value of his share in the society or, where no such shares exist, on a per capita basis.4 the additional contributions may be called in at any time. if the cooperative is insolvent, the right to call in additional contributions accrues to the insolvency administrators.5 in other respects the provisions governing the calling-in of contributions and declaration of forfeiture are applicable.d. inadmissible restrictions art. 872 any provisions made in the articles of association which limit liability to a specific time or to particular obligations or groups of members are void.e. procedure in insolvency art. 873 1 in the event of the insolvency of a cooperative in which the members are personally liable or liable to make additional contributions, at the same time as they draw up the schedule of claims the insolvency administrators must determine and call in the provisional personal liability of each individual member or the additional contributions he must make.2 irrecoverable amounts must be spread equally among the other members, and surpluses repaid once the final distribution plan has been formulated. the members' right of recourse against each other is reserved.3 the provisional determination of members' obligations and the distribution plan are subject to challenge by appeal on procedural grounds pursuant to the debt collection and bankruptcy act of 11 april 1889581.4 the procedure is determined by federal council ordinance.582581 sr 281.1582 amended by no ii 10 of the fa of 20 march 2008 on the formal revision of federal legislation, in force since 1 aug. 2008 (as 2008 3437 3452; bbl 2007 6121).f. amendment of liability provisions art. 874 1 the provisions governing the personal liability or liability to make additional contributions of the members and the reduction or cancellation of share certificates may be amended only by amending the articles of association.2 furthermore, the provisions governing reductions of share capital by companies limited by shares are applicable to any reduction or cancellation of share certificates.3 any reduction of a member's personal liability or liability to make additional contributions has no effect on obligations that arose prior to publication of the amendment to the articles of association.4 where a member's personal liability or liability to make additional contributions is established or increased, on entry of the resolution in the commercial register it works in favour of all creditors of the cooperative.g. liability of new members art. 875 1 a person joining a cooperative in which the members are personally liable or liable to make additional contributions has the same liability as the other members for the society's obligations, including those that arose before he joined.2 any contrary provision made in the articles of association or by agreement between the members has no effect as against third parties.h. liability after departure or dissolution art. 876 1 where a member with limited or unlimited liability leaves the society as a result of his death or some other reason, he remains liable for the obligations arising prior to his departure if the cooperative becomes insolvent within one year or any longer period stipulated in the articles of association of the date on which his departure was entered in the commercial register.2 any liability to make additional contributions remains effective on the same conditions and subject to the same time limits.3 where a cooperative is dissolved, the members likewise remain liable or obliged to make additional contributions if insolvency proceedings are commenced in respect of the cooperative within one year or any longer period stipulated in the articles of association of the date on which such dissolution was entered in the commercial register.i. notification of accessions and departures for entry in the commercial register art. 877 1 where the members have limited or unlimited liability for the society's debts or are liable to make additional contributions, the directors must notify every accession or departure of a member for entry in the commercial register within three months.2 further, every departing or excluded member and the heirs of a member have the right to have the member's departure, exclusion or death entered in the register on their initiative. the commercial registry must immediately notify the society's directors of any such notification.3 licensed insurance cooperatives are exempt from the duty to notify their members for entry in the commercial registrar.k. prescriptive periods for liability art. 878 1 creditors' claims in respect of the personal liability of individual members may be brought by any creditor at any time up to one year after completion of insolvency proceedings, unless the law provides for their extinction at an earlier juncture.2 the members' right of recourse against each other likewise prescribes three years after the date of the payment to which the claim relates.583583 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).section five: organisation of the cooperative a. general assembly of members i. powers art. 879 1 the supreme governing body of a cooperative is the general assembly of members.2 it has the following inalienable powers:1. to determine and amend the articles of association;2.584 to elect the directors and the auditor;3.585 to approve the management report and the consolidated accounts;4. to discharge the directors;5. to make resolutions concerning the matters reserved to the general assembly of members by law or the articles of association.584 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).585 amended by no i 3 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589).ii. ballot art. 880 in the case of cooperatives with more than 300 members or in which the majority of members are themselves cooperatives, the articles of association may stipulate that all or some of the powers of the general assembly of members be exercised by ballot.iii. convening the general assembly 1. right and duty art. 881 1 the general assembly of members is convened by the board of directors or any other governing body on which the articles of association confer such authority, and where necessary by the auditor.586 the liquidators and the representatives of bond creditors also have the right to convene a general assembly. 2 the general assembly of members must be convened at the request of at least one-tenth of the members or, in the case of cooperatives with fewer than 30 members, at least three members.3 where the board of directors fails to grant such a request within a reasonable delay, on application the court must order that a general assembly be convened.586 first sentence amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).2. form art. 882 1 the general assembly of members must be convened in the form prescribed by the articles of association but in any event no later than five days before the date for which it is scheduled.2 in the case of cooperatives with more than 30 members, the convocation is effective as soon as it is publicly announced.3. agenda items art. 883 1 the notice convening the meeting must include the agenda items to be discussed and the essential content of any proposed amendments to the articles of association. 2 no resolutions may be made on motions relating to agenda items that were not duly notified, except by means of a motion to convene a further general assembly.3 no advance notice is required to propose motions on duly notified agenda items and to debate items without passing resolutions.4. universal meeting art. 884 where all the society's members are present they may, if no objection is raised, pass resolutions without needing to comply with the formal convocation requirements.iv. voting rights art. 885 every member has one vote at the general assembly of members or in the ballot.v. representation art. 886 1 a member may exercise his right to vote at the general assembly of members by appointing another member to act as proxy, but no proxy may represent more than one member.2 in the case of cooperatives with more than 1,000 members the articles of association may stipulate that each member may represent more than one other member but never more than nine.3 the articles of association reserve the right to permit representation of members by relatives with capacity to act.vi. exclusion of voting rights art. 887 1 in the case of resolutions concerning the discharge of the board of directors, persons who have participated in any manner in the management of the society's business have no voting right.2 .587587 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).vii. resolutions 1. in general art. 888 1 unless otherwise provided by law or the articles of association, the general assembly of members passes resolutions and decides elections by absolute majority of the votes cast. the same applies to resolutions and elections by ballot.2 the dissolution of the cooperative and any amendment of the articles of association require a majority of two-thirds of the votes cast. the articles of association may stipulate more restrictive conditions for such resolutions.588588 amended by annex no 2 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).2. increase of members' obligations art. 889 1 resolutions to introduce or increase the members' personal liability or their liability to make additional contributions require the consent of three-quarters of all members.2 members who did not vote in favour are not bound by such resolutions providing they give notice of their departure from the society within three months of the publication of the resolution in question. such departure takes effect as of the date on which the resolution comes into force.3 in such cases, departure may not be made conditional on payment of a severance penalty.viii. dismissal of the directors and the auditor589 589 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 890 1 the general assembly of members is entitled to dismiss the members of the board of directors and the auditor and any registered attorneys or commercial agents appointed by them.5902 on application by at least one-tenth of the members, the court may order such dismissals where good cause exists and, in particular, where the persons in question neglected their duties or were unable to fulfil them. in such cases the court must, where necessary, order that fresh elections be held by the competent body of the cooperative and take appropriate measures for the interim.3 the claims for compensation of persons thus dismissed are reserved.590 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ix. challenging resolutions of the general assembly art. 891 1 the board of directors or any member may challenge resolutions made by the general assembly of members or by ballot which violate the law or the articles of association by bringing action against the cooperative before the court. where the board of directors is the claimant, the court appoints a representative for the cooperative.2 the right of challenge lapses where the action is not brought within two months of the adoption of the resolution.3 a court judgment that annuls a resolution is effective for and against all the members.x. assembly of delegates art. 892 1 cooperatives with more than 300 members or in which the majority of the members are cooperatives may delegate all or some of the powers of the general assembly of members to an assembly of delegates by means of the articles of association.2 rules governing the composition, election and convocation of the assembly of delegates are laid down in the articles of association.3 every delegate has one vote in the assembly of delegates, unless different provision for voting rights is made in the articles of association.4 in other respects the statutory provisions governing the general assembly of members apply to the assembly of delegates.xi. exceptions for insurance cooperatives art. 893 1 licensed insurance cooperatives with more than 1,000 members may delegate all or some of the powers of the general assembly of members to the board of directors by means of the articles of association.2 the powers of the general assembly of members to introduce or increase the members' liability to make additional contributions and to dissolve, merge, split and modify the legal form of the cooperative are not transferable.591591 amended by annex no 2 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).b. directors i. eligibility 1. membership art. 894 1 the board of directors of the cooperative consists of at least three persons; a majority of them must be members.2 where a legal entity or commercial company holds a participation in the cooperative, it is not eligible as such to serve as a member of the board of directors; however, its representative may be elected in its stead. 2. art. 895592 592 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791 ; bbl 2002 3148, 2004 3969).ii. term of office art. 896 1 the directors are elected for a maximum term of office of four years, but may be re-elected unless the articles of association provide otherwise.2 the provisions governing companies limited by shares apply to terms of office of directors of licensed insurance cooperatives.iii. administrative committees art. 897 the articles of association may delegate some of the duties and powers of the board of directors to one or more committees elected by the directors.iv. business management and representation 1. delegation art. 898593 1 the articles of association may authorise the general assembly of members or the directors to delegate responsibility for managing the society's business or parts thereof and for representing the society to one or more persons, business managers or executive officers, who need not be members of the cooperative.2 a cooperative must be able to be represented by a person who is resident in switzerland. this person must be a director, a business manager or an executive officer. this person must have access to the register under article 837.594593 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).594 amended by no i 2 of the fa of 12 dec. 2014 on the implementation of the revised recommendations 2012 of the financial action task force, in force since 1 july 2015 (as 2015 1389; bbl 2014 605).2. scope and restriction art. 899 1 the persons with authority to represent the cooperative may carry out in its name any transactions conducive to the achievement of the cooperative's objects.2 any restriction of such authority has no effect in relation to bona fide third parties, subject to any provisions entered in the commercial register that govern exclusive representation of the principal place of business or a branch office or joint management of the society.3 the cooperative is liable for any damage resulting from unauthorised acts carried out in the exercise of his function by a person authorised to manage the cooperative's business or to represent it.3. contracts between the cooperative and its representatives art. 899a595 if the cooperative is represented in the conclusion of a contract by the same person with whom it is concluding the contract, the contract must be done in writing. this requirement does not apply to contract relating to everyday business where the value of the cooperative's goods or services does not exceed 1,000 francs.595 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).4. signatures596 596 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 900 the persons with authority to represent the cooperative must sign by appending their signature to the society's business name. 5. entry597 597 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 901 the board of directors must apply to have persons with authority to represent the cooperative entered in the commercial register and submit an authenticated copy of the relevant resolution. these persons must enter their own signatures in person at the commercial registry or submit these in a duly authenticated form.v. duties 1. in general art. 902 1 the directors must conduct the business of the cooperative with all diligence and employ their best endeavours to further the cooperative's cause.2 in particular, they have a duty:1. to prepare the business of the general assembly of members and implement its resolutions;2. to supervise the persons entrusted with the cooperative's business management and representation with regard to compliance with the law, the articles of association and any applicable regulations and to keep themselves regularly informed of the society's business performance.3 the directors are responsible for ensuring that the minutes of their meetings, the minutes of the general assembly, the necessary accounting records and the membership list are kept properly, that the profit and loss account and the annual balance sheet are drawn up and submitted to the auditor for examination in accordance with the statutory provisions and that the prescribed notifications concerning accessions and departures of members are made to the commercial registry.598598 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).2. duty to notify capital loss and overindebtedness art. 903 1 where there is good cause to suspect overindebtedness, the directors must immediately draw up an interim balance sheet at sale values.2 where the last annual balance sheet and subsequent liquidation balance sheet or an interim balance sheet show that the claims of the society's creditors are no longer covered, the board of directors must notify the court. the court must commence insolvency proceedings, unless the requirements for a stay of such proceedings are fulfilled. 3 in the case of cooperatives with share certificates, where the last annual balance sheet shows that one-half of the nominal capital is no longer covered, the directors must convene a general assembly of members without delay and inform the assembly of the situation.4 in the case of cooperatives whose members are liable to make additional contributions, the court need not be notified if the balance sheet loss is covered within three months by additional contributions from the members.5 on application by the board of directors or by a creditor, the court may grant a stay of insolvency proceedings where there is a prospect of financial restructuring. in this case, the court orders measures to preserve the society's assets, such as the taking of an inventory and the appointment of an administrative receiver.6 in the case of licensed insurance cooperatives, the members' claims under insurance policies count as creditors' rights.vi. return of payments to members art. 904 1 in the event that the cooperative becomes insolvent, the members of the board of directors are obliged to reimburse the cooperative's creditors for all payments received in the three years prior to the onset of insolvency in the form of shares in the profit or under any other designation to the extent such payments exceed adequate remuneration for the consideration rendered and should not have been made under a prudent accounting regime.2 such reimbursement is excluded to the extent that no claim for it exists under the provisions governing unjust enrichment.3 the court decides at its discretion, taking due account of all the circumstances.vii. dismissal and suspension art. 905 1 the board of directors may at any time dismiss the committees, business managers, executive officers and other registered attorneys and commercial agents that it has appointed.2 the registered attorneys and commercial agents appointed by the general assembly of members may be suspended from their duties at any time by the board of directors, providing a general meeting is convened immediately.3 claims for compensation made by persons dismissed or suspended are reserved.c. auditor i. in general art. 906599 1 the auditor is governed by the corresponding provisions on companies limited by shares.2 an ordinary audit of the annual accounts may be requested by:1. 10 per cent of the members;2. members who together represent at least 10 per cent of the nominal capital;3. members who personally liable or under an obligation to make additional capital contributions.599 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).ii. verification of the membership list art. 907600 1 in the case of cooperatives in which the members are personally liable or liable to make additional capital contributions, the auditor must verify that the membership list601 has been kept correctly. if the cooperative has no auditor, the directors must arrange for the membership list602 to be verified by a licensed auditor.600 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).601 revised by the federal assembly drafting committee (art. 58 para. 1 parla; sr 171.10).602 revised by the federal assembly drafting committee (art. 58 para. 1 parla; sr 171.10).d. defects in organisation art. 908603 in the case of defects in the organisation of a cooperative, the corresponding provisions on companies limited by shares apply.603 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 909 and 910604 604 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).section six: dissolution of the cooperative a. grounds for dissolution art. 911 the cooperative is dissolved:1. in accordance with the articles of association;2. by resolution of the general assembly of members;3. by commencement of insolvency proceedings;4. in the other cases provided for by law.b. notification for entry in the commercial register art. 912 where the company is dissolved for reasons other than insolvency, the board of directors notifies the dissolution for entry in the commercial register.c. liquidation, distribution of assets art. 913 1 the cooperative is liquidated in accordance with the provisions governing companies limited by shares, subject to the following provisions.2 the assets of the dissolved cooperative remaining after payment of all its debts and repayment of any shares may be distributed among the members only where the articles of association provide for such distribution.3 unless the articles of association provide otherwise, in this case the assets are distributed among the members as at the time of dissolution or their legal successors on a per capita basis. the statutory entitlement of departed members or their heirs to a financial settlement is reserved.4 where the articles of association make no provision for such distribution among the members, the liquidation surplus must be used for the society's purpose or to promote charitable causes.5 unless the articles of association provide otherwise, the general assembly of members decides on this matter.d. . art. 914605 605 repealed by annex no 2 of the mergers act of 3 oct. 2003, with effect from 1 july 2004 (as 2004 2617; bbl 2000 4337).e. takeover by a public sector corporation art. 915 1 where the assets of a cooperative are taken over by the confederation, by a canton or, under guarantee from the canton, by a district or commune, with the consent of the general assembly of members it may be agreed that no liquidation will take place.2 the resolution of the general assembly of members must be made in accordance with the provisions governing dissolution and notified to the commercial registry.3 on entry of such resolution in the commercial register, the transfer of the cooperative's assets and debts is complete and the cooperative's name must be deleted. section seven: liability a. liability to the cooperative art. 916606 all persons engaged in the administration, business management or auditing or liquidation of the cooperative are liable to the cooperative for the losses arising from any wilful or negligent breach of their duties.606 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).b. liability to the cooperative, members and creditors art. 917 1 any director or liquidator who wilfully or negligently breaches his statutory duties with regard to the overindebtedness of the cooperative is liable to the cooperative, the individual members and the creditors for the losses arising.2 claims for compensation for losses suffered by the members and the creditors only indirectly through harm done to the cooperative must be brought in accordance with the provisions governing companies limited by shares.c. joint and several liability and recourse art. 918 1 where two or more persons are responsible for the same loss, they are jointly and severally liable.2 the right of recourse among several defendants is determined by the court with due regard to the degree of fault. d. prescription art. 919607 1 the claim for damages against any person held liable under the above provisions prescribes five years after the date on which the person suffering damage learned of the damage and of the person liable for it but in any event ten years after the date on which the harmful conduct took place or ceased.2 if the person liable has committed a criminal offence through his or her harmful conduct, then the right to damages or satisfaction prescribes at the earliest when the right to prosecute the offence becomes time-barred. if the right to prosecute is no longer liable to become time-barred because a first instance criminal judgment has been issued, the right to claim damages or satisfaction prescribes at the earliest three years after notice of the judgment is given.607 amended by no i of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).e. liability in credit and insurance cooperatives art. 920 in the case of credit cooperatives and licensed insurance cooperatives, liability is determined according to the provisions governing companies limited by shares.section eight: cooperative unions a. requirements art. 921 three or more cooperatives may form a cooperative union and constitute it as a cooperative.b. organisation i. assembly of delegates art. 922 1 unless the articles of association provide otherwise, the supreme governing body of the cooperative union is the assembly of delegates.2 the articles of association determine the number of delegates from the affiliated societies.3 unless the articles of association provide otherwise, each delegate has one vote.ii. board of directors art. 923 unless the articles of association provide otherwise, the board of directors is made up of members from the affiliated cooperatives.iii. monitoring, challenge art. 924 1 the articles of association may grant the directors of the union the right to monitor the business activities of the affiliated cooperatives.2 they may the grant the directors of the union the right to challenge in court the resolutions made by the individual affiliated societies.iv. exclusion of new obligations art. 925 accession to a cooperative union may not bring with it any obligations for the members of the acceding society which they do not already have by law or under the articles of association of their own cooperative.section nine: involvement of public sector corporations art. 926 1 where public sector corporations such as the confederation or a canton, district or commune have a public interest in a cooperative, the cooperative's articles of association may grant that corporation the right to appoint representatives to the board of directors or the auditor.6082 these directors and auditors appointed by a public sector corporation have the same rights and duties as those elected by the cooperative. 3 only the public sector corporation has the right to dismiss the representatives it appointed to the board of directors and the auditor.609 the public sector corporation is liable to the cooperative, its members and creditors for the actions of these representatives, subject to rights of recourse under federal and cantonal law.608 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).609 first sentence amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).division four:610 the commercial register, business names and commercial accounting 610 amended by the federal act of 18 dec. 1936, in force since 1 july 1937 (as 53 185; bbl 1928 i 205, 1932 i 217). see the final and transitional provisions of title xxiv-xxxiii, at the end of this code.title thirty:611 the commercial register 611 amended by no i 1 of the fa of 17 march 2017 (commercial register law), in force since 1 jan. 2021, art. 928b und 928c in force since 1 april 2020 (as 2020 957; bbl 2015 3617).a. definition and purpose art. 927 1 the commercial register is a network of state-run databases. its primary purpose is the recording and publication of legally relevant information about legal entities, which serves to provide legal certainty and protect third parties.2 legal entities for the purpose of this title are:1. sole proprietorships;2. general partnerships;3. limited partnerships;4. companies limited by shares;5. partnerships limited by shares;6. limited liability companies;7. cooperatives;8. associations;9. foundations;10. limited partnerships for capital investment schemes;11. investment companies with fixed capital;12. investment companies with variable capital;13. public institutions;14. branch offices.b. organisation i. commercial register authorities art. 928 1 the cantons are responsible for running the commercial register offices. they are free to run the commercial register on a cross-cantonal basis.2 the confederation shall exercise oversight over the keeping of the commercial register.ii. cooperation between authorities art. 928a 1 the commercial register authorities shall work together to fulfil their tasks. they shall provide each other with the information and documents that are required to fulfil their tasks.2 unless the law provides otherwise, federal and cantonal courts and administrative authorities shall notify the commercial register offices of facts that require registration, amendment or deletion in the commercial register.3 information and notifications are provided free of charge.c. central databases art. 928b 1 the federal supervisory authority operates the central databases on the legal entities and persons recorded in the cantonal registers. the central databases allow the registered legal entities and persons to be found, and their data to be linked and differentiated.2 the federal supervisory authority is responsible for compiling the data for the central database on legal entities. it shall make the public data on legal entities available online free of charge for individual queries.3 the commercial register offices are responsible for compiling the data for the central database on persons.4 the confederation is responsible for the security of the information systems and the legality of the data processing.d. oasi number612 and personal number 612 term in accordance with annex no 3 of the fa of 18 dec. 2020 (systematic use of the oasi number by authorities), in force since 1 jan. 2022 (as 2021 758; bbl 2019 7359). this modification has been made in the provisions specified in the as.art. 928c 1 the commercial register authorities shall use the oasi number systematically to identify natural persons.2 they shall only disclose the oasi number to other authorities and institutions that require the number to carry out their statutory duties in connection with the commercial register and that are entitled to make systematic use of the number.3 natural persons recorded in the central database for persons shall also be allocated a non-descriptive personal number.e. registration, amendment and deletion i. principles art. 929 1 entries in the commercial register must be true and must neither be misleading nor contrary to any public interest.2 recording in the commercial register is based on an application. documents must be provided in support of the information to be recorded.3 entries may be made based on a judgment or ruling of a court or an administrative authority or ex officio.ii. business identification number art. 930 the legal entities recorded in the commercial register registered are assigned a business identification number in accordance with the federal act of 18 june 2010613 on the business identification number.613 sr 431.03iii. obligation to register and voluntary registration 1. sole proprietorships and branch offices art. 931 1 a natural person who operates a business that in the most recent financial year achieved revenues of at least 100 000 francs must have their sole proprietorships recorded in the commercial register at the place of establishment. exempted from this obligation are members of the liberal professions and farmers who do not operate a commercial business.2 branch offices must be recorded in the commercial register of the place where they are located.3 sole proprietorships and branch offices that are not required to register are nonetheless entitled to be registered.2. public institutions art. 932 1 public institutions must be recorded in the commercial register if they primarily carry on a private gainful economic activity or if the federal, cantonal or communal law requires their registration. they shall be registered at the location of their seat.2 public institutions that are not required to register are nonetheless entitled to be registered.iv. change in facts art. 933 1 if a fact must be recorded in the commercial register, any change in this fact must also be recorded.2 a person no longer associated with an entity is entitled to apply for the entry relating to them to be deleted. the ordinance regulates the details.v. ex officio deletion 1. legal entities without business operations and without assets art. 934 1 if a legal entity is no longer operating as a business and if it no longer has any disposable assets, the commercial register office shall delete it from the commercial register.2 the commercial register office shall request the legal entity to give notice of any interest in keeping the entry. if there is no response to this request, it shall request other persons concerned to give notice of any such interest by publishing the request three times in the swiss official commercial gazette. if there is no response to this request, the legal entity shall be deleted.3 if other persons concerned give notice of an interest in keeping the entry, the commercial register office shall refer the matter to the court for a decision.2. in the event of a sole proprietorship or branch office having no domicile art. 934a 1 if a sole proprietorship no longer has a domicile, then if there is no response to a request published three times in the swiss official commercial gazette, it shall be deleted from the commercial register.2 if a branch office with a principal place of business in switzerland no longer has a domicile, the branch office shall be deleted by the commercial register office if there is no response to a request made to the principal place of business.vi. reinstatement art. 935 1 any person claiming a legitimate interest may request the court to have a deleted legal entity reinstated in the commercial register.2 a person shall have a legitimate interest in particular if:1. on conclusion of the liquidation of the deleted legal entity not all its assets have been sold or distributed;2. the deleted legal entity is still a party to court proceedings;3. reinstatement is required in order to correct a public register; or4. in a case of bankruptcy, reinstatement of the deleted legal entity is required in order to conclude the bankruptcy proceedings.3 if there are defects in the organisation of the legal entity, the court shall take the required measures when ordering reinstatement.f. publicity and effectiveness i. publicity and publication on the internet art. 936 1 the commercial register is public. the information made public includes the entries, applications and the supporting documents. oasi numbers are not public.2 the entries, articles of association and foundation deeds shall be made accessible on the internet free of charge. further documents and applications may be inspected at the commercial register office concerned or may on request be made accessible on the internet.3 it shall be possible, based on certain criteria, to conduct a search of entries in the commercial register made accessible on the internet.4 amendments to the commercial register must remain chronologically traceable.ii. publication in the swiss official commercial gazette and start of effectiveness art. 936a 1 entries in the commercial register shall be published online in the swiss official commercial gazette. they become effective on publication.2 all statutory publications shall also be made online in the swiss official commercial gazette.iii. effects art. 936b 1 if a fact is recorded in the commercial register, no one may claim that they were unaware of it.2 where the entry of a fact is required but such fact was not entered in the register, it may be relied on in relation to third parties only if it can be shown that they were aware of the said fact.3 any person who has relied in good faith on a recorded fact even though it was incorrect must be protected in their good faith unless there are overriding interests to the contrary.g. obligations i. obligation to verify art. 937 the commercial register authorities shall verify whether the legal requirements for recording in the commercial register are met, and in particular whether the application and the supporting documents are not contrary to any mandatory regulations and have the legally required content.ii. request and ex officio recording art. 938 1 the commercial register office shall request parties to fulfil the obligation to register and shall fix a deadline for doing so.2 if the parties do not comply with the request within the deadline, the office shall record the required entries ex officio.iii. organisational defects art. 939 1 if the commercial register office identifies defects in the organisational aspects required by law of trading companies, cooperatives, associations, foundations not subject to supervision or branch offices with principal place of business abroad that are recorded in the commercial register, it shall request the legal entity concerned to rectify the defect, and fix a deadline for doing so.2 if the defect is not rectified not within the deadline, the office shall refer the matter to the court. the court shall take the required measures.3 in the case of foundations and legal entities that are subject to supervision under the collective investment schemes act of 23 june 2006614, the matter shall be referred to the supervisory authority.614 sr 951.31h. fixed penalties art. 940 any person who is served by the commercial register office with a request to fulfil their obligation to register containing a reference to the penalties under this article and who fails to comply with this obligation within the period allowed may be issued by the commercial register office with a fixed penalty not exceeding 5000 francs.i. fees art. 941 1 any person who gives cause for the commercial register authority to issue a ruling or who claims a service from the same must pay a fee.2 the federal council shall regulate the charging of the individual fees, in particular:1. the basis for calculating the fees;2. the waiving of fees;3. liability when more than one person is required to pay a fee;4. the due date, billing and advance payment of fees;5. the prescription of fee debts;6. the share of cantonal fee revenues paid to the confederation.3 it shall take account of the equivalence principle and the break-even principle in regulating the fees.j. legal remedies art. 942 1 rulings of the commercial register offices may be contested within 30 days of being issued. 2 each canton shall designate a higher court as the sole appellate authority.3 the cantonal courts shall give notice of their decisions to the commercial register office without delay and shall also give notice thereof to the federal oversight authority.k. ordinance art. 943 the federal council shall issue regulations on:1. the keeping of the commercial register and oversight;2. application, registration, amendment, deletion and reinstatement;3. the content of entries;4. the supporting documents and their verification;5. publication and effectiveness;6. the organisation of the swiss official commercial gazette and its publication;7. cooperation and obligation to provide information;8. the use of oasi numbers and personal numbers;9. the centralised databases on legal entities and persons;10. the modalities for electronic communication;11. the procedures.title thirty-one: business names a. general principles of business name composition i. general provisions art. 944 1 in addition to the essential content required by law, each business name may contain information which serves to describe the persons mentioned in greater detail, an allusion to the nature of the company or an invented name provided that the content of the business name is truthful, cannot be misleading and does not run counter to any public interest.2 the federal council may enact provisions regulating the permissible scope for use of national and territorial designations in business names.ii. names of sole proprietorships 1. essential content615 615 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 945 1 a person operating a business as sole proprietor must use his family name, with or without first name, as the essential content of his business name.2 if the business name contains other family names, it must indicate which one is the proprietor's family name.6163 the business name must not have any kind of suffix or ending which suggests constitution as a company or partnership.616 amended by no i of the fa of 25 sept. 2015 (law of business names), in force since 1 july 2016 (as 2016 1507; bbl 2014 9305).2. exclusivity of the registered business name art. 946 1 the name of a sole proprietorship617 entered in the commercial register may not be used by another business proprietor in the same location even if he has the same first name and family name from which the older business name is formed.2 in such a case, the owner of the newer business must add a suffix or ending to his own name to produce a business name which is clearly distinct from the older business name.3 claims in respect of unfair competition against sole proprietorships618 registered in other locations are reserved.617 footnote relevant to german version.618 footnote relevant to german version.art. 947 and 948619 619 repealed by no i of the fa of 25 sept. 2015 (law of business names), with effect from 1 july 2016 (as 2016 1507; bbl 2014 9305). see however the transitional provision to this amendment at the end of the text.art. 949620 620 repealed by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), with effect from 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).iii. company names 1. composition of the business name art. 950621 1 commercial enterprises and cooperatives are free to choose their business name subject to the general principles on the composition of business names. the business name must indicate the legal form.2 the federal council shall specify which abbreviations of legal forms are permitted.621 amended by no i of the fa of 25 sept. 2015 (law of business names), in force since 1 july 2016 (as 2016 1507; bbl 2014 9305).2. exclusivity of the registered business name art. 951622 the business names of a commercial enterprise or a cooperatives must be clearly distinct from every other business name of businesses in any of these legal forms already registered in switzerland.622 amended by no i of the fa of 25 sept. 2015 (law of business names), in force since 1 july 2016 (as 2016 1507; bbl 2014 9305). see however the transitional provision to this amendment at the end of the text.iv. branch offices art. 952 1 a branch office must have the same business name as the principal place of business; however, it may append a special addition to its business name providing this applies only to that particular branch office.2 the business name of the branch office of a company whose seat is outside switzerland must also indicate the location of the principal place of business, the location of the branch office and the express designation of branch office.v. . art. 953623 623 repealed by no i of the fa of 25 sept. 2015 (law of business names), with effect from 1 july 2016 (as 2016 1507; bbl 2014 9305).vi. change of name art. 954 the previous business name may be retained where the name of the business owner or partner contained therein has been changed by operation of law or by the competent authority.b. obligation to use business and other names art. 954a624 1 in correspondence, on order forms and invoices and in official communications, the business or other name entered in the commercial register must be given in full and unamended.2 shortened names, logos, trade names, brand names and similar may also be used.624 inserted by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).c. monitoring625 625 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).art. 955 the registrar is obliged ex officio to ensure that the interested parties comply with the provisions governing the composition of business names.d. reservation of other provisions of federal law art. 955a626 the registration of a business name does not relieve the persons entitled to use the same of the obligation to comply with other provisions of federal law, in particular on protection against deceit in business. 626 inserted by annex no 2 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).e. protection of business names627 627 amended by annex no 2 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).art. 956 1 the business name of a sole proprietor or commercial company or cooperative entered in the commercial register and published in the swiss official gazette of commerce is for the exclusive use of the party that registered it.2 a party whose interests are injured by the unauthorised use of a business name may apply for an injunction banning further abuse of the business name and sue for damages if the unauthorised user is at fault.title thirty-two:628 commercial accounting, financial reporting, other transparency and due diligence obligations629 628 amended by no i 2 of the fa of 23 dec. 2011 (financial reporting law), in force since 1 jan. 2013 (as 2012 6679; bbl 2008 1589). see also the transitional provision to this amendment, at the end of this code.629 amended by no i of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399).section one: general provisions a. duty to keep accounts and file financial reports art. 957 1 the duty to keep accounts and file financial reports in accordance with the following provisions applies to:1. sole proprietorships and partnerships that have achieved sales revenue of at least 500,000 francs in the last financial year;2. legal entities.2 the following need only keep accounts on income and expenditure and on their asset position:1. sole proprietorships and partnerships with less than 500,000 francs sales revenue in the last financial year;2. associations and foundations which are not required to be entered in the commercial register;3. foundations that are exempt from the requirement to appoint an auditor under article 83b paragraph 2 swiss civil code630.3 for undertakings in accordance with paragraph 2, recognised accounting principles apply mutatis mutandis.630 sr 210b. accounting art. 957a 1 accounting forms the basis for financial reporting. it records the transactions and circumstances that are required to present the asset, financing and earnings position of the undertaking (the economic position).2 it follows the recognised accounting principles. particular note must be taken of the following:1. the complete, truthful and systematic recording of transactions and circumstances;2. documentary proof for individual accounting procedures;3. clarity;4. fitness for purpose given the form and size of the undertaking;5. verifiability.3 an accounting voucher is any written record on paper or in electronic or comparable form that is required to be able to verify the business transaction or the circumstances behind an accounting entry.4 accounting is carried out in the national currency or in the currency required for business operations.5 it is carried out in one of the official swiss languages or in english. it may be carried out in writing, electronically or in a comparable manner.c. financial reporting i. aim and constituent elements art. 958 1 financial reporting is intended to present the economic position of the undertaking in such a manner that third parties can make a reliable assessment of the same.2 the accounts are filed in the annual report. this contains the annual accounts (the financial statements of the individual entity), comprising the balance sheet, the profit and loss account and the notes to the accounts. the regulations for larger undertakings and corporate groups are reserved.3 the annual report must be prepared within six months of the end of the financial year and submitted to the responsible management body or the responsible persons for approval. it must be signed by the chairperson of the supreme management or administrative body and the person responsible for financial reporting within the undertaking.ii. principles of financial reporting 1. going-concern assumption art. 958a 1 financial reporting is based on the assumption that the undertaking will remain a going concern for the foreseeable future.2 if it is intended or probably inevitable that all or some activities will cease in the next twelve months from the balance sheet date, then the financial reports for the relevant parts of undertaking must be based on realisable values. provisions must be made for expenditures associated with ceasing activities.3 derogations from the going-concern assumption must be specified in the notes to the accounts; their influence on the economic position must be explained.2. chronological and material distinction art. 958b 1 expenditure and income must be entered separately depending on the date and nature of the transaction.2 provided the net proceeds from the sale of goods or services or financial income does not exceed 100,000 francs, accruals based on time may be dispensed with and instead based on expenditure and income.iii. recognised financial reporting principles art. 958c 1 the following principles in particular apply to financial reports:1. they must be clear and understandable;2. they must be complete;3. they must be reliable;4. they must include the essential information;5. they must be prudent;6. the same rules must be applied in presentation and valuation;7. assets and liabilities and income and expenditure may not be offset against each other.2 the sum entered for the individual items on the balance sheet and in the notes to the account must be proven by an inventory or by some other method.3 financial reports must be adapted to the special features of the undertaking and the sector while retaining the statutory minimum content.iv. presentation, currency and language art. 958d 1 the balance sheet and the profit and loss account may be presented in account or in report form. items that have no or a negligible value need not be shown separately.2 in the annual accounts, the corresponding values of the previous year must be shown alongside the figures for the relevant financial year.3 financial reports are presented in the national currency or in the currency required for business operations. if the national currency is not used, the values must also be shown in the national currency. the exchange rates applied must be published in the notes to the accounts and if applicable explained.4 financial reports are presented in one of the official swiss languages or in english.d. publication and inspection art. 958e 1 following their approval by the competent management body, the annual accounts and consolidated accounts together with the audit reports must either be published in the swiss official gazette of commerce or sent as an official copy to any person who requests the same within one year of their approval at his or her expense where the undertaking:1. has outstanding debentures; or2. has equity securities listed on a stock market.2 other undertakings must allow creditors who prove a legitimate interest to inspect the annual report and the audit reports. in the event of a dispute, the court decides.e. keeping and retaining accounting records art. 958f 1 the accounting records and the accounting vouchers together with the annual report and the audit report must be retained for ten years. the retention period begins on expiry of the financial year.2 the annual report and the audit report must be retained in a written form and signed.3 the accounting records and the accounting vouchers may be retained on paper, electronically or in a comparable manner, provided that correspondence with the underlying business transactions and circumstances is guaranteed thereby and provided they can be made readable again at any time.4 the federal council shall issue regulations on the accounting records that must be kept, the principles for keeping and retaining them and on the information carriers that may be used.section two: annual accounts a. balance sheet i. purpose of the balance sheet, duty to prepare a balance sheet and balance sheet eligibility art. 959 1 the balance sheet shows the asset and financing position of the undertaking on the balance sheet date. it is structured into assets and liabilities.2 items must be entered on the balance sheet as assets if due to past events they may be disposed of, a cash inflow is probable and their value can be reliably estimated. other assets may not be entered on the balance sheet.3 cash and cash equivalents and other assets that will probably become cash or cash equivalents assets or otherwise be realised within one year of the balance sheet date or within the normal operating cycle must be entered on the balance sheet as current assets. all other assets are entered on the balance sheet as capital assets.4 borrowed capital and shareholders' equity must be entered on the balance sheet as liabilities.5 liabilities must be entered on the balance sheet as borrowed capital if they have been caused by past events, a cash outflow is probable and their value can be reliably estimated.6 liabilities must be entered on the balance sheet as current liabilities if they are expected to fall due for payment within one year of the balance sheet date or within the normal operating cycle. all other liabilities must be entered on the balance sheet as long-term liabilities.7 the shareholders' equity must be shown and structured in the required legal form.ii. minimum structure art. 959a 1 among the assets, the liquidity ratio must be shown based on at least the following items, both individually and in the specified order:1. current assets:a. cash and cash equivalents and current assets with a stock exchange price,b. trade receivables,c. other current receivables,d. inventories and non-invoiced services,e. accrued income and prepaid expenses;2. capital assets:a. financial assets,b. shareholdings,c. tangible fixed assets, d. intangible fixed assets,e. non-paid up basic, shareholder or foundation capital.2 the due date of liabilities must be shown based on at least the following items, both individually and in the specified order:1. current borrowed capital:a. trade creditors,b. current interest-bearing liabilities,c. other current liabilities,d. deferred income and accrued expenses;2. long-term borrowed capital:a. long-term interest-bearing liabilities,b. other long-term liabilities,c. provisions and similar items required by law;3. shareholders' equity:a. basic, shareholder or foundation capital, if applicable separately according to participation classes,b. statutory capital reserves,c. statutory retained earnings,d. voluntary retained earnings or accumulated losses as negative items,e. own capital shares as negative items.3 other items must be shown individually on the balance sheet or in the notes to the accounts, provided this is essential so that third parties can assess the asset or financing position or is customary as a result of the activity of the company.4 receivables and liabilities vis--vis direct or indirect participants and management bodies and vis--vis undertakings in which there is a direct or indirect participation must in each case be shown separately on the balance sheet or in the notes to the accounts.b. profit and loss account; minimum structure art. 959b 1 the profit and loss account presents the earnings of the company over the financial year. it may be prepared according to the period-based accounting method or the cost of sales method.2 if the period-based accounting method is used (nature of expense method), a minimum of the following items must be shown individually and in the specified order:1. net proceeds from sales of goods and services;2. changes in inventories of unfinished and finished goods and in non-invoiced services;3. cost of materials;4. staff costs;5. other operational costs;6. depreciation and valuation adjustments on fixed asset items;7. financial costs and financial income;8. non-operational costs and non-operational income;9. extraordinary, non-recurring or prior-period costs and income;10. direct taxes;11. annual profit or annual loss.3 if the cost of sales method is used (activity-based costing method), a minimum of the following items must be shown individually and in the specified order:1. net proceeds from sales of goods and services;2. acquisition or manufacturing costs of goods and services sold;3. administrative costs and distribution costs;4. financial costs and financial income;5. non-operational costs and non-operational income;6. extraordinary, non-recurring or prior-period costs and income;7. direct taxes;8. annual profit or annual loss.4 if the cost of sales method is used, the notes to the accounts must also show the staff costs and, as a single item, depreciation and valuation adjustments to fixed asset items.5 other items must been shown individually in the profit and loss account or in the notes to the accounts to the extent that this is essential in order that third parties can assess the earning power or is customary as a result of the activity of the company.c. notes to the accounts art. 959c 1 the notes to the annual accounts supplement and explain the other parts of the annual accounts. they contain:1. details of the principles applied in the annual accounts where these are not specified by law;2. information, breakdowns and explanations relating to items on the balance sheet and in the profit and loss account;3. the total amount of replacement reserves used and the additional hidden reserves, if this exceeds the total amount of new reserves of the same type where the result achieved thereby is considerably more favourable;4. other information required by law.2 the notes to the accounts must also include the following information, unless it is already provided on the balance sheet or in the profit and loss account:1. the business name or name of the undertaking as well as its legal form and registered office;2. a declaration as to whether the number of full-time positions on annual average is no more than 10, 50 or 250;3. the business name, legal form and registered office of undertakings in which direct or substantial indirect shareholdings are held, stating the share of the capital and votes held;4. the number of its own shares that the undertaking itself holds and that are held by undertakings in which it has shareholdings;5. acquisitions and sales of its own shares and the terms on which they were acquired or sold;6. the residual amount of the liabilities from sale-like leasing transactions and other leasing obligations, unless these expire or may be terminated within twelve months of the balance sheet date expiry or be terminated may;7. liabilities vis--vis pension schemes;8. the total amount of collateral for third party liabilities;9. the total amount of assets used to secure own liabilities and assets under reservation of ownership;10. legal or actual obligations for which a cash outflow either appears unlikely or is of an amount that cannot be reliably estimated (contingent liabilities);11. the number and value of shares or options on shares held by management or administrative bodies and by employees;12. explanations of exceptional, non-recurring or prior-period items in the profit and loss account;13. significant events occurring after the balance sheet date;14. in the event of the auditor's premature resignation: the reasons therefor.3 sole proprietorships and partnerships may dispense with notes to the accounts if they are not required to file financial reports under the regulations for larger undertakings. if additional information is required in the regulations on the minimum structure of the balance sheet and profit and loss account and the notes to the accounts are dispensed with, this information must be shown directly on the balance sheet or in the profit and loss account.4 undertakings with outstanding debentures must provide information on the amounts concerned, interest rates, maturity dates and other conditions.d. valuation i. principles art. 960 1 assets and liabilities are normally valued individually, provided they are significant and not normally consolidated as a group for valuation purposes due to their similarity.2 valuation must be carried out prudently, but this must not prevent the reliable assessment of the economic position of the undertaking.3 if there are specific indications that assets have been overvalued or that provisions are too low, the values must be reviewed and adjusted if necessary.ii. assets 1. in general art. 960a 1 when first recorded, assets must be valued no higher than their acquisition or manufacturing costs.2 in any subsequent valuation, assets must not be valued higher than their acquisition or manufacturing costs. provisions on individual types of assets are reserved.3 loss in value due to usage or age must be taken into account through depreciation, while other losses in value must be taken into account through valuation adjustments. depreciation and valuation adjustments must be applied in accordance with generally recognised commercial principles. they must be deducted directly or indirectly from the relevant assets and charged to the profit and loss account and may not be shown under liabilities.4 for replacement purposes and to ensure the long-term prosperity of the undertaking, additional depreciation and valuation adjustments may be made. for the same purposes, the cancellation of depreciation and valuation adjustments that are no longer justified may be dispensed with.2. assets with observable market prices art. 960b 1 in the subsequent valuation, assets with a stock exchange price or another observable market price in an active market may be valued at that price as of the balance sheet date, even if this price exceeds the nominal value or the acquisition value. any person who exercises this right must value all assets in corresponding positions on the balance sheet that have an observable market price at the market price as of the balance sheet date. in the notes to the accounts, reference must be made to this valuation. the total value of the corresponding assets must be disclosed separately for securities and other assets with observable market price.2 if assets are valued at the stock exchange price or at the market price as of the balance sheet date, a value adjustment to be charged to the profit and loss account may be made in order to take account of fluctuations in the price development. such valuation adjustments are not permitted, however, if they would result in both the acquisition value and the lower market value being undercut. the total amount of fluctuation reserves must be shown separately on the balance sheet or in the notes to the accounts.3. inventories and non-invoiced services art. 960c 1 if the realisable value in the subsequent valuation of inventories and non-invoiced services taking account of expected costs is less than the acquisition or manufacturing costs on balance sheet date, this value must be entered.2 inventories comprise raw materials, work in progress, finished goods and resale merchandise.4. capital assets art. 960d 1 capital assets are assets that are acquired with the intention of using or holding them for the long-term.2 long-term means a period of more than twelve months.3 shareholdings are shares in the capital of another undertaking that are held for the long-term and confer a significant influence. this is presumed if the shares confer at least 20 per cent of the voting rights.iii. liabilities art. 960e 1 liabilities must be entered at their nominal value.2 if past events lead to the expectation of a cash outflow in future financial years, the provisions probably required must be made and charged to the profit and loss account.3 provisions may also be made in particular for:1. regularly incurred expenditures from guarantee commitments;2. renovations to tangible fixed assets;3. restructuring;4. securing the long-term prosperity of the undertaking.4 provisions that are no longer required need not be cancelled.section three: financial report for larger undertakings a. additional requirements for the annual report art. 961 undertakings that are required by law to have an ordinary audit must:1. provide additional information in the notes to the annual accounts;2. prepare a cash flow statement as part of the annual accounts;3. draw up a management report.b. additional information in the notes to the annual accounts art. 961a the notes to the annual accounts must also contain the following information:1. long-term interest-bearing liabilities, arranged according to due date within one to five years or after five years;2. on the fees paid to the auditor, with separate items for audit services and other services.c. cash flow statement art. 961b the cash flow statement presents separately changes in cash and cash equivalents from business operations, investment activities and financing activities.d. management report art. 961c 1 the management report presents the business performance and the economic position of the undertaking and, if applicable, of the corporate group at the end of the financial year from points of view not covered in the annual accounts.2 the management report must in particular provide information on:1. the number of full-time positions on annual average;2. the conduct of a risk assessment;3. orders and assignments;4. research and development activities;5. extraordinary events;6. future prospects.3 the management report must not contradict the economic position presented in the annual accounts.e. simplification due to consolidated accounts art. 961d 1 the additional information in the notes to the annual accounts, the cash flow statement and the management report may be dispensed with if the undertaking itself or a legal entity controlling the undertaking prepares consolidated accounts in accordance with a recognised financial reporting standard. 2 the following persons may request financial reports in accordance with the regulations in this section:1. company members who represent at least 10 per cent of the basic capital;2. 10 per cent of cooperative members or 20 per cent of the members of an association;3. any company member or any member subject to personal liability or a duty to pay in further capital.section four: financial statements in accordance with recognised financial reporting standards a. general art. 962 1 in addition to annual accounts under this title, the following must prepare financial statements in accordance with a recognised financial reporting standard:1. companies whose equity securities are listed on a stock market, if the stock market so requires;2. cooperatives with a minimum of 2000 members;3. foundations that are required by law to have an ordinary audit.2 the following may also request financial statements in accordance with a recognised standard:1. company members who represent at least 20 per cent of the basic capital;2. 10 per cent of cooperative members or 20 per cent of the members of an association;3. any company member or any member subject to personal liability or a duty to pay in further capital.3 the duty to prepare financial statements in accordance with a recognised standard ceases to apply if consolidated accounts are prepared in accordance with a recognised standard.4 the supreme management or administrative body is responsible for choosing the recognised standard, unless the articles of association, the by-laws or the foundation deed provide otherwise or the supreme management body fails to specify the recognised standard.b. recognised financial reporting standards art. 962a 1 if financial statements are prepared in accordance with a recognised financial reporting standard, details of the standard must be given in the financial statements.2 the chosen recognised standard must be applied in its entirely and for the financial statements as a whole.3 compliance with the recognised standard must be verified by a qualified audit specialist. an ordinary audit must be made of the financial statements.4 financial statements in accordance with a recognised standard must be submitted to the supreme management body when the annual accounts are submitted for approval, although they do not require approval.5 the federal council shall specify the recognised standards. it may stipulate requirements that must be met when choosing a standard or when changing from one standard to another.section five: consolidated accounts a. duty to prepare art. 963 1 where a legal entity that is required to file financial reports controls one or more undertakings that are required to file financial reports, the entity must prepare consolidated annual accounts (consolidated accounts) in the annual report for all the undertakings controlled.2 a legal entity controls another undertaking if it:1. directly or indirectly holds a majority of votes in the highest management body;2. directly or indirectly has the right to appoint or remove a majority of the members of the supreme management or administrative body; or3. it is able to exercise a controlling influence based on the articles of association, the foundation deed, a contract or comparable instruments.3 a recognised standard under article 963b may define the group of undertakings.4 associations, foundations and cooperatives may delegate the duty to prepare consolidated accounts to a controlled undertaking provided the controlled undertaking concerned brings all the other undertakings together under a single management by holding a voting majority or in any other way and proves that it actually exercises control.b. exemption from the duty to prepare accounts art. 963a 1 a legal entity is exempt from the duty to prepare consolidated accounts if it:1. together with the controlled undertaking has not exceeded two of the following thresholds in two successive financial years:a. a balance sheet total of 20 million francs,b. sales revenue of 40 million francs,c. 250 full-time positions on annual average; 2. is controlled by an undertaking whose consolidated accounts have been prepared and audited in accordance with swiss or equivalent foreign regulations; or3. it has delegated the duty to prepare consolidated accounts to a controlled undertaking in accordance with article 963 paragraph 4.2 consolidated accounts must nonetheless be prepared where:1. this is necessary in order to make the most reliable assessment of the economic position;2. company members who represent at least 20 per cent of the basic capital or 10 per cent of the members of a cooperative or 10 per cent of the members of an association so require; 3. a company member or an association member subject to personal liability or a duty to pay in further capital so requires; or4. the foundation supervisory authority so requires.3 if a legal entity in accordance with paragraph 1 number 2 dispenses with preparing the consolidated accounts for the subsidiary group, it must disclose the consolidated accounts of the parent group in accordance with the regulations for its own annual accounts.c. recognised financial reporting standards art. 963b 1 the consolidated accounts of the following undertakings must be prepared in accordance with a recognised financial reporting standard:1. companies whose equity securities are listed on a stock market, if the stock market so requires;2. cooperatives with a minimum of 2000 members;3. foundations that are required by law to have an ordinary audit.2 article 962a paragraphs 1-3 and 5 apply mutatis mutandis.3 the consolidated accounts of other undertakings are governed by recognised financial reporting principles. in the notes to the consolidated accounts, the undertaking shall specify the valuation principles. if it derogates from such rules, it shall give notice thereof in the notes to the accounts and provide the information required for assessing the asset, financing and earnings of the corporate group in a different form.4 consolidated accounts must nonetheless be prepared in accordance with a recognised financial reporting standard where:1. company members who represent at least 20 per cent of the basic capital or 10 per cent of the members of a cooperative or 20 per cent of the members of an association so require; 2. a company member or an association member subject to personal liability or a duty to pay in further capital so requires; or3. the foundation supervisory authority so requires.art. 964631 631 repealed by no i of the fa of 22 dec. 1999, with effect from 1 june 2002 (as 2002 949; bbl 1999 5149).section six632: transparency on non-financial matters 632 inserted by no i und iii 1 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399). see also the transitional provision to this amendment at the end of the text.a. principle art. 964a 1 undertakings shall prepare a report on non-financial matters each year if:1. they are companies of public interest as defined in article 2 letter c of the auditor oversight act of 16 december 2005633; 2. together with the swiss or foreign undertakings that they control, they have at least 500 full-time equivalent positions on annual average in two successive financial years; and 3. together with the swiss or foreign undertakings that they control, they exceed at least one of the following amounts in two successive financial years: a. a balance sheet total of 20 million francs,b. sales revenue of 40 million francs.2 the foregoing requirement does not apply to undertakings that are controlled by another undertaking:1. to which paragraph 1 applies; or2. that must prepare an equivalent report under foreign law.633 sr 221.302b. purpose and content of the report art. 964b 1 the report on non-financial matters shall cover environmental matters, in particular the co2 goals, social issues, employee-related issues, respect for human rights and combating corruption. the report shall contain the information required to understand the business performance, the business result, the state of the undertaking and the effects of its activity on these non-financial matters.2 the report shall include in particular:1. a description of the business model;2. a description of the policies adopted in relation to the matters referred to in paragraph 1, including the due diligence applied;3. a presentation of the measures taken to implement these policies and an assessment of the effectiveness of these measures;4. a description of the main risks related to the matters referred to in paragraph 1 and how the undertaking is dealing with these risks; in particular it shall cover risks:a. that arise from the undertaking's own business operations, andb. provided this is relevant and proportionate, that arise from its business relationships, products or services;5. the main performance indicators for the undertaking's activities in relation to the matters referred to in paragraph 1.3 if the report is based on national, european or international regulations, such as the principles laid down by the organisation for economic cooperation and development (oecd) in particular, the regulations applied must be mentioned in the report. in applying such regulations, it must be ensured that all the requirements of this article are met. if necessary, a supplementary report must be prepared.4 if an undertaking has sole control or joint control with other company of one or more other swiss or foreign undertakings, the report shall cover all these undertakings.5 if the undertaking does not follow a policy with respect to one or more of the matters referred to in paragraph 1, it shall explain this clearly in the report, stating the reasons therefor.6 the report shall be prepared in a national language or in english.c. approval, publication, keeping and retaining art. 964c 1 the report on non-financial matters requires the approval and signature of the supreme management or governing body and the approval of the governing body responsible for approving the annual accounts.2 the supreme management or governing body shall ensure that the report:1. is published online immediately following approval;2. remains publicly accessible for at least ten years.3 article 958f applies by analogy to keeping and retaining the reports.section seven:634 transparency in raw material companies 634 originally: section six and art. 964a-964f. inserted by no i of the fa of 19 june 2020 (company law), in force since 1 jan. 2021 (as 2020 4005; bbl 2017 399). see also art. 7 of the transitional provision to this amendment at the end of the text.a. principle art. 964d 1 companies that are required by law to undergo an ordinary audit and which and which are either themselves or through a company that they control involved in the extraction of minerals, oil or natural gas or in the harvesting of timber in primary forests must produce a report each year on the payments they have made to state bodies.2 if the company must draw up consolidated annual accounts, then it must produce a consolidated report on payments made to state bodies (group payments report); this replaces the reports from the individual companies.3 if a company with registered office in switzerland is included in the group payments report that it or another company with registered office abroad has produced in accordance with the swiss or equivalent regulations, it need not produce a separate report on payments made to state bodies. it must however in the annex to the annual accounts indicate the other company in whose report it has been included, and publish this report.4 extraction includes all activities carried out by the company in the areas of exploration, prospecting, discovery, development and extraction of minerals, oil and natural gas deposits and the harvesting of timber in primary forests.5 state bodies are national, regional or local authorities in a third country together with the departments and businesses controlled by such authorities.b. forms of payment art. 964e 1 the payments made to state bodies may comprise payments in cash or kind. they include in particular the following forms of payment:1. payments for production rights;2. taxes on production, the revenues or profits of companies, excluding value added or sales taxes and other taxes on consumption;3. user charges;4. dividends, with the exception of dividends paid to a state body as a member of the company, provided these are paid to the state body under the same conditions as to the other company members;5. signing, discovery and production bonuses;6. licence, rental and access fees or other considerations for permits or concessions;7. payments for improvements to the infrastructure.2 in the case of a payment in kind, the subject matter, value, method of valuation and if applicable the extent must be indicated.c. form and content of the report art. 964f 1 the report on payments made to state bodies shall only cover payments related to business operations in the mineral, petroleum or natural gas extraction industry or to the harvesting of timber in primary forests.2 it covers any payments of 100,000 francs or more in any financial year made to state bodies, and includes both individual payments and payments made in two or more smaller sums that together amount to 100 000 francs or more.3 the report must indicate the amount of the payments made in total and broken down by type of service to each state body and each project.4 the report must be written in a national language or in english and be approved by the highest management or administrative body.d. publication art. 964g 1 the report on payments made to state bodies must be published online within six months of the end of the financial year. 2 it must remain publicly accessible for at least ten years.3 the federal council may issue regulations on the structure of the data required in the report.e. keeping and retaining the report art. 964h article 958f applies to keeping and retaining the report on payments made to state bodies.f. extending the scope of application art. 964i the federal council may stipulate as part of an internationally coordinated procedure that that the obligations in articles 964a-964e shall also apply to companies trading in raw materials.section eight:635 due diligence and transparency in relation to minerals and metals from conflict-affected areas and child labour 635 inserted by no i und iii 1 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399). see also the transitional provision to this amendment at the end of the text.a. principle art. 964j 1 undertakings whose seat, head office or principal place of business is located in switzerland must comply with obligations of due diligence in the supply chain and report thereon if:1. they place in free circulation or process in switzerland minerals containing tin, tantalum, tungsten or gold or metals from conflict-affected and high-risk areas; or2. they offer products or services in relation to which there is a reasonable suspicion that they have been manufactured or provided using child labour.2 the federal council shall specify annual import quantities of minerals and metals below which an undertaking is exempt from the due diligence and reporting obligation.3 it shall specify the requirements by which small and medium-sized undertakings and undertakings with low child labour risks are not obliged to verify whether there is a reasonable suspicion of child labour.4 it shall specify the requirements by which undertakings are exempt from the due diligence and reporting obligations if they comply with equivalent internationally recognised regulations, such as the principles laid down by the oecd in particular.b. due diligence art. 964k 1 undertakings shall maintain a management system and stipulate the following therein:1. the supply chain policy for minerals and metals that potentially originate from conflict-affected and high-risk areas;2. the supply chain policy for products or services in relation to which there is a reasonable suspicion of child labour;3. a system by which the supply chain can be traced.2 they shall identify and assess the risks of harmful impacts in their supply chain. they shall draw up a risk management plan and take measures to minimise the risks identified.3 they shall have their compliance with the due diligence obligations in relation to the minerals and metals audited by an independent specialist.4 the federal council shall issue the detailed regulations; it shall base them on internationally recognised regulations, such as the oecd principles in particular.c. reporting art. 964l 1 the supreme management or governing body shall prepare a report each year on compliance with the due diligence obligations.2 the report shall be prepared in a national language or in english.3 the supreme management or governing body shall ensure that the report:1. is published online within six months of the end of the financial year;2. remains publicly accessible for at least ten years.4 article 958f applies by analogy to keeping and retaining the reports.5 undertakings that offer products and services from undertakings that have prepared a report are not themselves required to prepare a report for those products and services.division five:636 negotiable securities 636 amended by the federal act of 18 dec. 1936, in force since 1 july 1937 (as 53 185; bbl 1928 i 205, 1932 i 217). see the final and transitional provisions to title xxiv-xxxiii, at the end of this code.title thirty-three: registered securities, bearer securities and instruments to order section one: general provisions a. definition of negotiable security art. 965 a negotiable security is any instrument to which a right attaches in such a manner that it may not be exercised or transferred to another without the instrument.b. obligation under the security art. 966 1 the obligor under a negotiable security is obliged to render performance only against surrender of the instrument.2 by rendering the performance due at maturity to the creditor as indicated by the instrument, the obligor is released from the obligation unless he is guilty of malice or gross negligence.c. transfer of the security i. general form art. 967 1 the transfer of any negotiable security conferring title or a limited right in rem requires the transfer of possession of the instrument in all cases.2 in addition, the transfer of instruments to order requires endorsement and that of registered securities requires a written declaration, which must not be made on the instrument itself.3 by law or agreement, the transfer may require the participation of other persons, in particular the obligor.ii. endorsement 1. form art. 968 1 in all cases, endorsement must be done in accordance with the provisions governing bills of exchange.2 the formal requirements for transfer are satisfied once the endorsement is completed and the instrument handed over.2. effect art. 969 in the case of all transferable securities, unless the content or nature of the instrument dictate otherwise, on endorsement and transfer of the instrument the rights of the endorser pass to the acquirer.d. conversion art. 970 1 a registered security or instrument to order may be converted into a bearer security only with the consent of all the beneficiaries and obligors concerned. such consent must be declared on the instrument itself.2 the same general principle applies to conversion of bearer securities into registered securities or instruments to order. in this case, where the consent of a beneficiary or obligor is lacking, conversion is effective but only as between the creditor who undertook it and his immediate legal successor.e. cancellation i. party requesting cancellation art. 971 1 a negotiable security that has been lost may be cancelled by the court.2 cancellation may be requested by the beneficiary of the instrument at the time it was lost or its loss was discovered.ii. procedure, effect art. 972 1 following cancellation of the instrument, the beneficiary may exercise his right even without the instrument or request the issue of a new instrument.2 in other respects, the provisions governing the individual types of securities apply to the procedure for and effect of cancellation.f. special provisions art. 973 the special provisions governing negotiable securities, such as bills of exchange, cheques and mortgage bonds, are reserved.i. collective custody of negotiable securities art. 973a637 g. collective custody, global certificate and uncertificated securities6381 a bailee has the power to hold fungible negotiable securities from two or more bailors together in safe custody unless a bailor expressly requests that his securities be held separately.2 if fungible negotiable securities are entrusted to a bailee for collective custody, the bailor acquires on deposit joint fractional title to the negotiable securities of the same class belonging to the collective holding. in order to determine the fractional share, the nominal value or in the case of securities without nominal value, the number of securities, is decisive.3 a bailor has the right at any time, irrespective of the involvement or consent of the other bailors to withdraw negotiable securities from the collective holding to the extent of his share.637 inserted by annex no 3 of the uncertificated securities act of 3 oct. 2008, in force since 1 jan. 2010 (as 2009 3577; bbl 2006 9315).638 amended by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).ii. global certificate art. 973b639 1 the obligor may issue global certificates or to replace two or more fungible negotiable securities entrusted to a single bailee with a global certificate, provided the conditions for issue or the articles of association of the company provide therefor or the bailors have consented thereto.2 the global certificate is a negotiable security in the same form as the individual rights that it represents. it is jointly owned by the participant bailors, in proportion to their shares. the status and rights of the joint owners in relation to the global certificate are governed by article 973a paragraph 2 mutatis mutandis.639 inserted by annex no 3 of the uncertificated securities act of 3 oct. 2008, in force since 1 jan. 2010 (as 2009 3577; bbl 2006 9315).iii. uncertificated securities640 640 amended by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).art. 973c641 1 the obligor may issue uncertificated securities or replace fungible negotiable securities or global certificates that have been entrusted to a single bailee with uncertificated securities provided the conditions for issue or the articles of association provide therefor or the bailors have consented thereto.6422 the obligor shall keep a book on the uncertificated securities that he has issued in which details of the number and denomination of the uncertificated securities issued and of the creditors are recorded. the book is not open for public inspection.3 the uncertificated securities are created on entry in the book and continue to exist only in accordance with such entry.4 the transfer of uncertificated securities requires a written declaration of assignment. their pledging is governed by the provisions on the pledging of claims.641 inserted by annex no 3 of the uncertificated securities act of 3 oct. 2008, in force since 1 jan. 2010 (as 2009 3577; bbl 2006 9315).642 amended by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).i. establishment art. 973d643 h. ledger-based securities1 a ledger-based security is a right which, in accordance with an agreement between the parties:1. is registered in a securities ledger in accordance with paragraph 2; and2. may be exercised and transferred to others only via this securities ledger.2 the securities ledger must meet the following requirements:1. it uses technological processes to give the creditors, but not the obligor, power of disposal over their rights.2. its integrity is secured through adequate technical and organisational measures, such as joint management by several independent participants, to protect it from unauthorised modification.3. the content of the rights, the functioning of the ledger and the registration agreement are recorded in the ledger or in linked accompanying data.4. creditors can view relevant information and ledger entries, and check the integrity of the ledger contents relating to themselves without intervention by a third party.3 the obligor must ensure that the securities ledger is organised in accordance with its intended purpose. in particular, it must be ensured that the ledger operates in accordance with the registration agreement at all times.643 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).ii. effects art. 973e644 1 the obligor under a ledger-based security is entitled and obliged to render performance only to the creditor indicated in the securities ledger and subject to appropriate modification of the ledger.2 by rendering the performance due at maturity to the creditor indicated in the securities ledger, the obligor is released from the obligation even if the indicated creditor is not the actual creditor, unless the obligor is guilty of malice or gross negligence.3 when acquiring a ledger-based security in a securities ledger from the creditor indicated therein, the acquirer is protected even if the seller was not entitled to dispose of the ledger-based security, unless the acquirer acted in bad faith or with gross negligence.4 the obligor may raise against a claim deriving from a ledger-based security only those objections which: 1. are aimed at contesting the validity of the registration or derive from the securities ledger itself or its accompanying data; 2. he or she is personally entitled to raise against the current creditor of the ledger-based security; or3. are based on the direct relations between the obligor and a former creditor of the ledger-based security, if the current creditor intentionally acted to the detriment of the obligor when acquiring the ledger-based security644 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).iii. transfer art. 973f645 the transfer of the ledger-based security is subject to the provisions of the registration agreement.2 if the creditor of a ledger-based security is declared bankrupt, if his or her property is distrained or if a debt restructuring moratorium is authorised, the creditor's decisions regarding ledger-based securities are legally binding and effective against third parties, provided that they1. were made beforehand;2. have become irrevocable under the rules of the securities ledger or another trading facility; and3. were actually recorded in the securities ledger within 24 hours.3 when a bona fide acquirer of a certificated security and a bona fide acquirer of the ledger-based security have a conflicting claim to the same right, the former takes precedence over the latter.645 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).iv. collateral art. 973g646 1 collateral may be posted even without the transfer of the ledger-based security, if:1. the collateral is visible in the securities ledger; and2. it is ensured that only the collateral recipient can dispose of the ledger-based security in the event of default.2 in other respects:1. the special lien on ledger-based securities is governed by the provisions on special liens that apply to certificated securities (arts. 895-898 of the cc647).2. the pledging of ledger-based securities is governed by the provisions on liens on debts and other rights as applicable for certificated securities (arts. 899-906 of the cc).646 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).647 sr 210v. cancellation art. 973h648 1 the beneficiary of a ledger-based security may demand that the court cancel the security, provided that he or she furnishes credible evidence of his or her original power of disposal and of the loss thereof. following cancellation of the instrument, the beneficiary may also exercise his or her right outside the ledger or, at his or her own expense, demand that the obligor allocate a new ledger-based security. in addition, articles 982-986 apply mutatis mutandis to the procedure for and effect of cancellation.2 the parties may make provision for a simplified form of cancellation consisting in a reduction of the number of public calls for presentation or a curtailment of the time limits.648 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).vi. information and liability art. 973i649 the obligor under a ledger-based security or a right that is offered as such must inform each acquirer of:1. the content of the ledger-based security;2. the mode of operation of the securities ledger and the measures taken in accordance with article 973d paragraphs 2 and 3 to protect the operation and integrity of the ledger.2 the obligor is liable for damage to the acquirer arising out of information that is inaccurate, misleading or in breach of statutory requirements, unless the obligor can prove that he or she acted with due diligence.3 agreements which limit or exclude this liability are void.649 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).section two: registered securities a. definition art. 974 a negotiable security is deemed a registered security if it is made out to a named person but is neither made out to order nor legally declared to be an instrument to order.b. evidence of creditor's right i. as a general rule art. 975 1 the obligor is obliged to render performance only to a person who is the bearer of the instrument and who can show that he is the person in whose name the instrument is registered or the legal successor of such person.2 where the obligor renders performance without such evidence, he is not released from his obligation towards a third party who can demonstrate his entitlement.ii. with qualified bearer securities art. 976 where the obligor under the registered security has reserved the right to render performance to any bearer of the instrument, he is released from his obligation by rendering performance in good faith to such a bearer even if he did not request evidence of the creditor's entitlement; however, he is not obliged to render performance to the bearer.c. cancellation art. 977 1 where no special provision has been made, registered securities are cancelled in accordance with the provisions governing bearer securities.2 the obligor may make provision in the instrument for a simplified form of annulment consisting in a reduction of the number of public calls for presentation or a curtailment of the time limits, or may reserve the right to make valid performance even without presentation or annulment of the instrument, providing the creditor declares the borrower's note void and the debt redeemed by public deed or authenticated document.section three: bearer securities a. definition art. 978 1 a negotiable security is deemed a bearer security if the wording or form of the instrument shows that the current bearer is recognised as the beneficiary.2 however, the obligor is no longer permitted to pay if subject to an attachment order served by a court or the police.b. obligor's defences i. in general art. 979 1 against a claim deriving from a bearer security, the obligor may plead only such defences as contest the validity of the instrument or arise from the instrument itself and those available to him personally against the respective obligee.2 defences based on the direct relations between the obligor and a former bearer are admissible where the bearer intentionally acted to the detriment of the obligor when acquiring the security.3 the obligor may not plead the defence that the instrument entered circulation against his will.ii. in the case of bearer coupons art. 980 1 against a claim deriving from a bearer coupon, the obligor may not plead the defence that the debt principal has been redeemed.2 however, when redeeming the debt principal, the obligor is entitled to retain an amount corresponding to the interest payable on coupons falling due in the future which are not handed in with the debt instruments until the prescriptive periods applicable to such coupons have expired, unless the coupons not handed in have been cancelled or the amount thereof has been secured.c. cancellation i. in general 1. application650 650 amended by annex no 5 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).art. 981 1 bearer securities, such as shares, bonds, dividend rights certificates, coupon sheets, subscription warrants for coupon sheets, but not individual coupons, are cancelled by the court at the request of the beneficiary.2 .6513 the applicant must satisfy the court that he possessed and lost the instrument.4 where the bearer of a security with a coupon sheet or subscription warrant has merely lost the coupon sheet or subscription warrant, presentation of the security in question is sufficient to establish grounds for the application.651 repealed by annex no 5 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).2. attachment order art. 982 1 at the applicant's request, the obligor under the negotiable security may be forbidden to honour the security on presentation and warned of the danger of double payment.2 where a coupon sheet is to be annulled, the provision governing cancellation of bearer coupons applies mutatis mutandis to the individual coupons falling due during the proceedings.3. public call for presentation, time limit art. 983 where the court is satisfied that the applicant was in possession of the security but has since lost it, it issues a public notice calling on the unknown bearer to come forward and present the security within a specified time limit, failing which it will declare the security cancelled. the time limit must be at least six months; it commences on the date of the first public notice.4. form of public notice art. 984 1 the call for presentation of the security must be published three times in the swiss official gazette of commerce.2 in special cases, the court may adopt other means of publicising the call for presentation.5. effect a. where the security is presented art. 985 1 where the lost bearer security is presented, the court sets the applicant a time limit within which to bring an action for recovery thereof.2 where the applicant fails to bring action within such time limit, the court returns the instrument and lifts the garnishee order.b. where the security is not presented art. 986 1 where the lost bearer security is not presented within the time limit, the court may cancel it or order further measures, depending on the circumstances.2 notice of the cancellation of a bearer security must be published immediately in the swiss official gazette of commerce, and elsewhere at the court's discretion.3 following cancellation, the applicant is entitled at his expense to request the issue of a new bearer security or performance of the obligation due.ii. of coupons in particular art. 987 1 where individual coupons have been lost, at the request of the beneficiary the court must order that the amount be deposited with the court at maturity or immediately if the coupon is already due.2 where three years have elapsed since the maturity date and no beneficiary has come forward in the interim, the court must order the amount deposited to be released to the applicant.iii. in the case of banknotes and the like art. 988 banknotes and other bearer securities issued in large numbers and payable on sight which are intended for circulation as replacement for money and made out in fixed denominations may not be cancelled.d. mortgage certificates art. 989652 the special provisions governing mortgage certificates made out to the bearer are reserved.652 amended by no ii 2 of the fa of 11 dec. 2009 (register mortgage certificates and other amendments to property law), in force since 1 jan. 2012 (as 2011 4637; bbl 2007 5283).section four: bills and notes a. capacity to incur liability as a party to a bill art. 990 a person with capacity to enter into contracts has capacity to incur liability as a party to a bill of exchange.b. the bill of exchange i. drawing and formal requirements of bills of exchange 1. requirements art. 991 a bill of exchange contains:1. the designation 'bill of exchange' in the text of the instrument and in the language in which it is issued;2. the unconditional instruction to pay a certain sum of money;3. the name of the person who is to pay (drawee);4. the due date;5. the bill domicile;6. the name of the person to whom or to whose order payment is to be made;7. the date and the place of issue;8. the drawer's signature.2. required content lacking art. 992 1 an instrument missing one of the elements stipulated in the previous article is not deemed a bill of exchange, except in the cases described in the following paragraphs.2 a bill of exchange containing no indication of the due date is deemed a sight bill.3 where no other specific place is mentioned, the place indicated together with the name of the drawee is deemed both the bill domicile and the domicile of the drawee.4 a bill of exchange containing no indication of the place of issue is deemed drawn at the place indicated together with the name of the drawer.3. types art. 993 1 a bill of exchange may be made out to the drawer's own order.2 it may be drawn on the drawer himself.3 it may be drawn for the account of a third party.4. payment of domiciled bills art. 994 a bill of exchange may be domiciled with a third party, at the drawee's domicile or at another place.5. promise of interest art. 995 1 in a bill of exchange payable on sight or at a stated period after presentation for acceptance, the drawer may stipulate that the bill amount will bear interest. for all other bills, the interest rate comment is deemed unwritten.2 the interest rate must be indicated on the bill of exchange; where there is no such indication, the interest rate comment is deemed unwritten.3 the interest accrues as of the date on which the bill of exchange was drawn, unless some other date is specified.6. discrepancy in specification of bill amount art. 996 1 where the bill amount is given in both letters and numbers, in the event of any discrepancy the amount given in letters is the valid amount.2 where the bill amount is given more than once in both letters and numbers, in the event of any discrepancy the lowest amount is the valid amount.7. signatures of persons lacking capacity art. 997 where a bill of exchange bears a signature of a person lacking capacity to enter into liabilities on a bill of exchange, a forged signature, the signature of a bogus person or a signature which for whatever other reason is not binding on the person who signed or in whose name the bill was signed, this fact has no effect on the validity of the other signatures.8. unauthorised signature art. 998 a person who signs a bill of exchange as a representative of another without being authorised so to do is himself liable on the bill and, if he honours the bill, has the same rights as the party he purported to represent would have. the same applies to a representative who exceeds his power of representation.9. liability of the drawer art. 999 1 the drawer is liable for the acceptance and payment of the bill of exchange.2 he may disclaim liability for acceptance; any comment whereby he disclaims liability for payment is deemed unwritten.10. blank bill art. 1000 where a bill of exchange that was incomplete when it was negotiated is completed in a manner contrary to the agreed terms, such non-compliance with the agreed terms may not be invoked against the bearer unless he acquired the bill in bad faith or was guilty of gross negligence when he acquired it.ii. endorsement 1. transferability art. 1001 1 any bill of exchange may be transferred by endorsement even if it is not expressly made out to order.2 where the drawer has included the words "not to order" or a comment to that effect in the bill of exchange, the bill may be transferred only subject to the formal requirements and with the effects of a normal assignment.3 the endorsement may also be made out to the drawee, regardless of whether he has accepted the bill or not, to the drawer or to any other party liable on it. such persons may endorse the bill further.2. requirements art. 1002 1 the endorsement must be unconditional. conditions attached to the endorsement are deemed unwritten.2 a partial endorsement is void.3 an endorsement to the bearer is deemed a blank endorsement.3. form art. 1003 1 the endorsement must be written on the bill of exchange itself or on a sheet attached thereto (annex, rider). it must be signed by the endorser.2 the endorsement need not designate the endorsee and may consist merely of the signature of the endorser (blank endorsement). in the latter case the endorsement is valid only if written on the reverse of the bill or on the annex.4. effects a. transfer function art. 1004 1 the endorsement transfers all rights arising from the bill of exchange.2 if it is a blank endorsement, the bearer may1. add his name or the name of another person to the endorsement;2. endorse the bill further by blank endorsement or endorsement to a specified person;3. negotiate the bill further without completing the blank endorsement and without endorsing it.b. guarantee function art. 1005 1 unless the bill contains a comment to the contrary, the endorser is liable for acceptance and payment.2 he may forbid further endorsement of the bill; in this case he is not liable to persons to whom the bill is further endorsed.c. proof of bearer's entitlement art. 1006 1 a person possessing the bill is the holder in due course providing he can demonstrate his entitlement by means of an uninterrupted sequence of endorsements, even where the last is a blank endorsement. deleted endorsements are deemed unwritten. where a blank endorsement is followed by a further endorsement, it is presumed that the person who issued this endorsement acquired the bill by means of the blank endorsement.2 where the bill of exchange was somehow lost by a former holder, a new holder who can demonstrate his entitlement in accordance with the provisions of the previous paragraph is obliged to surrender the bill only if he acquired the bill in bad faith or was guilty of gross negligence when he acquired it.5. defences art. 1007 a person to whom a bill of exchange is presented for collection may not plead against the holder such defences as are based on his direct relations with the drawer or a previous holder unless the current holder intentionally acted to the detriment of the obligor when acquiring the bill.6. procuration endorsement art. 1008 1 where the endorsement contains the comment "value for collection", "for collection", "per pro." or some other comment expressing no more than authorisation, the holder may exercise all the rights under the bill of exchange; however, he may transfer it only by means of a further procuration endorsement.2 in this case, the parties liable on a bill may plead against the holder only such defences as are available to them against the endorser.3 the authority conferred by the procuration endorsement is not extinguished on the death or incapacity of the person conferring it.7. pledging endorsement art. 1009 1 where the endorsement contains the comment "value for security", "value for pledge" or some other comment expressing a pledge, the holder may exercise all the rights under the bill of exchange; however, any endorsement issued by him only has the effect of a procuration endorsement.2 the parties liable on a bill may not plead against the holder such defences as are based on his direct relations with the endorser unless the holder intentionally acted to the detriment of the obligor when acquiring the bill. 8. subsequent endorsement art. 1010 1 an endorsement after maturity has the same effects as an endorsement prior to maturity. however, where the bill of exchange was endorsed only after protest for non-payment or after expiry of the time limit for protest, the endorsement only has the effects of a normal assignment.2 until the opposite is proven, it is presumed that an undated endorsement was made on the bill of exchange before the time limit for protest expired.iii. acceptance 1. right to present bill art. 1011 the holder or any person merely in possession of the bill of exchange may present it to the drawee at his domicile for acceptance at any time prior to maturity.2. presentation compulsory or prohibited art. 1012 1 the drawer may stipulate on any bill of exchange that it must be presented for acceptance, with or without a time limit for such presentation.2 he may prohibit presentation of the bill of exchange for acceptance where it is not domiciled with a third party or at a place other than the domicile of the drawee and is not an after-sight bill.3 he may also stipulate that the bill of exchange must not be presented for acceptance prior to a specified date.4 unless the drawer has prohibited presentation for acceptance, any endorser may stipulate that the bill of exchange must be presented for acceptance, with or without a time limit.3. duty to present after-sight bills art. 1013 1 an after-sight bill must be presented for acceptance within one year of the date on which it was drawn.2 the drawer may stipulate a shorter or longer time limit.3 the endorser may stipulate a shorter time limit for presentation.4. repeat presentation art. 1014 1 the drawee may request that the bill of exchange be presented to him again on the day after the first presentation. the parties may invoke any failure to comply with this requirement only if the request is mentioned in the protest.2 the holder is not obliged to leave a bill of exchange presented for acceptance in the drawee's possession.5. form of acceptance art. 1015 1 the declaration of acceptance is made on the bill of exchange. it is expressed through the word "accepted" or words to the same effect; it must be underlined by the drawee. the drawee is deemed to have declared his acceptance by merely appending his signature to the obverse of the bill of exchange.2 where the bill of exchange is an after-sight bill or must be presented for acceptance within a specified time limit owing to a special comment to that effect, the declaration of acceptance must indicate the date on which it is made, unless the holder requires that the date of presentation be indicated. where no date is indicated, the holder must draw attention to this omission by timely protest in order to safeguard his right of recourse against the endorser and the drawer.6. restrictions on acceptance art. 1016 1 the acceptance must be unconditional; however, the drawee may limit it to a portion of the bill amount.2 where the declaration of acceptance contains any terms that deviate from the provisions of the bill of exchange, acceptance is deemed to have been refused. however, the acceptor is liable according to the terms of his declaration of acceptance.7. domiciliate and bill domicile art. 1017 1 where the drawer has indicated on the bill of exchange a bill domicile other than the domicile of the drawee but without designating a third party by whom payment is to be made, the drawee may designate a third party when he declares acceptance. in the absence of such designation it is presumed that the acceptor himself has undertaken to pay the bill at its domicile.2 where the bill of exchange is domiciled with the drawee himself, he may designate in his declaration of acceptance an agent at the bill domicile by whom the payment will be made.8. effect of acceptance a. in general art. 1018 1 due to his acceptance, the drawee is obliged to pay the bill of exchange at maturity.2 in the event of non-payment, the holder, even if he is the drawer, has a claim against the acceptor under the bill of exchange to any sums to which he is entitled pursuant to articles 1045 and 1046.b. in the case of deletion art. 1019 1 where the drawee has struck out the declaration of acceptance made on the bill of exchange prior to returning the bill, acceptance is deemed to have been refused. until the opposite is proven, it is presumed that such deletion was made prior to the return of the bill.2 however, where the drawee has informed the holder or a person whose signature has been appended to the bill in writing of his acceptance, he is liable to such persons in accordance with the terms of his declaration of acceptance.iv. bill guarantees 1. bill guarantor art. 1020 1 payment of the bill amount may be secured in part or in full by means of a bill guarantee.2 security may be provided by a third party or even by a person whose signature has already been appended to the bill of exchange.2. form art. 1021 1 the guarantee commitment is inscribed on the bill of exchange or an annex (rider) thereto.2 it is expressed by the words "as guarantor" or a comment to that effect; it must be signed by the bill guarantor.3 the mere act of signing the obverse of the bill of exchange is deemed a guarantee commitment, providing the signature is not that of the drawee or the drawer.4 the guarantee commitment must indicate for whom the guarantee is given; where there is no such indication, it is deemed to be given for the drawer.3. effects art. 1022 1 the bill guarantor is liable in the same manner as the person for whom he has given the guarantee.2 his commitment is valid even if the guaranteed obligation is void for any reason other than formal defect.3 a bill guarantor who pays the bill of exchange acquires all rights thereunder against the person for whom he has given the guarantee and against all those who are liable to such person under the bill.v. maturity 1. in general art. 1023 1 a bill of exchange may be drawn:on sight;for a specified time after sight;for a specified time after drawing;on a specified date.2 bills of exchange with other maturity dates or with several consecutive maturity dates are void.2. in the case of sight bills art. 1024 1 a sight bill is due on presentation. it must be presented for payment within one year of being drawn. the drawer may stipulate a shorter or longer time limit. the endorser may stipulate a shorter time limit for presentation.2 the drawer may stipulate that the sight bill may not be presented for payment before a specified date. in this case the time limit for presentation commences on that date.3. in the case of after-sight bills art. 1025 1 the maturity date of an after-sight bill is determined by the date indicated in the declaration of acceptance or the protest date.2 where no date is indicated in the declaration of acceptance and no protest is made, the bill is deemed to have been accepted on the last date of the time limit envisaged for presentation for acceptance as against the acceptor.4. computation of time limits art. 1026 1 a bill of exchange made out for one or more months after it was drawn or after sight falls due on the corresponding day of the payment month. if there is no such day, the bill falls due on the last day of the month.2 where the bill of exchange is made out for one or more months plus half a month after it was drawn or after sight, the full months are counted first.3 where the maturity date is expressed as the beginning, middle or end of a month, such expression is deemed to mean the first, fifteenth or last day of the month.4 the expressions 'eight days' or 'fifteen days' mean not one or two weeks but a full eight or fifteen days.5 the expression 'half-month' means fifteen days.5. computation by the old method art. 1027 1 where a bill of exchange is payable on a certain date at a place where the calendar is different from that of the place of issue, the maturity date is determined according to the calendar of the bill domicile.2 where a bill drawn between two places with different calendars becomes payable when a specified time has elapsed since it was drawn, the date on which it was drawn is converted to the equivalent date in the calendar of the domicile and the maturity date computed according to the latter.3 the provision set out in the previous paragraph applies mutatis mutandis to the computation of time limits for presentation of bills of exchange.4 the provisions of this article do not apply where a comment on the bill of exchange or any other term reveals that the parties intended otherwise.vi. payment 1. presentation for payment art. 1028 1 the holder of a bill of exchange payable on a specific date or a specified time after it was drawn or after sight must present the bill for payment on the payment date or one of the two subsequent working days.2 delivery of the bill to a clearing house recognised by the swiss national bank is equivalent to presentation for payment.653653 amended by annex no ii 2 of the national bank act of 3 oct. 2003, in force since 1 may 2004 (as 2004 1985; bbl 2002 6097).2. right to receipt, part payment art. 1029 1 the drawee may require the holder to surrender the receipted bill of exchange against payment.2 the holder may not refuse part payment.3 where a part payment is made, the drawee may insist that it be noted on the bill of exchange and that a receipt be issued for it.3. payment before and at maturity art. 1030 1 the holder of the bill of exchange is not obliged to accept payment before maturity.2 the drawee pays before maturity at his own risk.3 a person paying at maturity is released from his obligations provided he is not guilty of malice or gross negligence. he is obliged to check that the sequence of endorsements is correct but is not required to verify the signatures of the endorsers.4. payment in foreign currency art. 1031 1 where the bill of exchange is denominated in a currency other than that of the bill domicile, the bill amount may be paid in the national currency at its value as at the maturity date. where the obligor delays in making the payment, the holder is free to choose whether the bill amount is converted into the national currency at the rate that applies on the maturity date or the rate that applies on the payment date.2 the value of the foreign currency is determined according to customary commercial practice at the bill domicile. however, the drawer may stipulate an exchange rate for the bill amount on the bill of exchange.3 the provisions of the two previous paragraphs do not apply if the drawer has stipulated payment in a specified currency (actual currency clause).4 where the bill of exchange is denominated in a currency which has the same name but a different value in the country in which the bill was drawn and that in which it is payable, the presumption is that the currency meant is that of the bill domicile.5. deposit art. 1032 where the bill of exchange is not presented for payment within the time limit laid down in article 1028, the obligor may deposit the bill amount with the competent authority at the risk and expense of the holder.vii. recourse in the event of non-acceptance and nonpayment 1. recourse of the holder art. 1033654 1 in the event of non-payment of a bill at maturity, the holder has right of recourse against the endorser, the drawer and the other parties liable on the bill.2 the holder has the same right even before maturity:1. where acceptance has been refused in part or in full;2. where the assets of the drawee are subject to insolvency proceedings, regardless of whether he has accepted the bill or not, or where only payments by the drawee have been suspended, or where compulsory execution has been levied on his assets without success;3. where the assets of the drawer of a bill of exchange whose presentation for acceptance is prohibited are subject to insolvency proceedings.654 this art. consists of a single paragraph in the french and italian texts.2. protest a. time limits and requirements art. 1034 1 any refusal of acceptance or of payment must be declared by public deed (protest for non-acceptance or for non-payment).2 protest for non-acceptance must be made within the time limit applicable for presentation for acceptance. where, in the case of article 1014 paragraph 1, the bill of exchange was presented for the first time on the last day of the time limit, protest may still be made on the following day.3 in the case of bills of exchange payable on a specific day or for a certain time after they were drawn or after sight, protest for non-payment must be made on one of the two working days following the payment date. protest for non-payment of sight bills must be made within the same time limits for protest for non-acceptance as envisaged in the previous paragraph.4 where protest for non-acceptance has been made, neither presentation for payment nor protest for non-payment is required.5 where the drawee has suspended his payments, regardless of whether he has accepted the bill of exchange or not, or compulsory execution has been levied on his assets without success, the holder may have recourse only once the bill has been presented to the drawee for payment and protest has been made.6 where the assets of the drawee, regardless of whether he has accepted the bill of exchange or not, or the assets of the drawer of a bill of exchange whose presentation for acceptance is prohibited are subject to insolvency proceedings, presentation of the court order commencing such proceedings is sufficient to exercise the right of recourse.b. responsibility art. 1035 such protest must be made by a specially authorised notary or official body.c. content art. 1036 1 the protest contains:1. the name of the person or of the business for whom and against whom the protest is made;2. a statement that a request was made without success to the person or company against whom the protest is made to perform his or its obligation under the bill of exchange or that such person or company could not be reached or that their business premises or address could not be traced;3. an indication of the place at which and date on which the request was made or attempted without success;4. the signature of the person or official body making the protest.2 where a part payment is made, this must be noted in the protest.3 if the drawee to whom the bill of exchange has been presented for acceptance insists that it be presented again on the following day, this must also be noted in the protest.d. form art. 1037 1 the protest is made on a separate sheet attached to the bill of exchange.2 where the protest involves the presentation of several duplicates of the same bill of exchange or presentation of the original instrument and a copy of it, it is sufficient if the protest is attached to one of the duplicates or to the original bill.3 a note to the effect that the protest is attached to one of the duplicates or to the original instrument must be made on the remaining duplicates or the copy.e. for partial acceptance art. 1038 where the bill of exchange is accepted for only part of the bill amount and protest is made for that reason, a copy must be made of the bill of exchange and the protest made on such copy.f. against several persons art. 1039 where performance of a bill obligation is required of several liable parties, only one instrument is required for the protests involved.g. copy of the protest document art. 1040 1 the notary or official body making the protest must make a copy of the protest document.2 the following must be indicated on this copy:1. the amount of the bill of exchange;2. the maturity date;3. the place at which and date on which it was drawn;4. the drawer of the bill of exchange, the drawee and the name of the person or company to whose the order the payment is to be made;5. the name of the person or company through which the payment is to be made, where this is different from the drawee;6. the emergency contact details and acceptors for honour.3 copies of protest documents must be archived in chronological order by the notary or official body making the protest.h. defective protest art. 1041 a protest signed by the competent notary or official body is valid even if not made in accordance with the regulations or if the information it contains is inaccurate.3. notification art. 1042 1 the holder must notify the immediately preceding endorser and the drawer of the lack of acceptance or payment within four working days of the date on which the protest was made or, in the case of the comment "no protest", within four working days of the date of presentation. within two working days of receipt of such notification, every endorser must pass on the news received to the immediately preceding endorser and give him the names and addresses of the persons from whom he received it, and so on in sequence until the drawer. all time limits run as of receipt of the previous notification.2 where notification is made pursuant to the previous paragraph to a person whose signature is appended to the bill of exchange, the same notification must be made within the same time limit to his bill guarantor.3 where an endorser has omitted to give his address or has written it illegibly, it is sufficient if his immediately preceding endorser is notified.4 the notification may be made in any form, including the mere return of the bill of exchange.5 persons under a duty to notify must show that they complied with it within the prescribed time limit. the time limit is deemed observed where a letter containing such notification was posted within the time limit.6 a person who fails to notify in good time does not forfeit his right of recourse; he is liable for any losses arising from his failure to notify, but only up to the bill amount.4. waiver of protest art. 1043 1 by appending and signing the comment "no protest" or words to the same effect on the bill of exchange, the drawer and any endorser or bill guarantor may release the holder from his obligation to arrange protest for non-acceptance or non-payment in order to exercise his right of recourse.2 the comment does not release the holder from the obligation to present the bill of exchange in good time and to make the requisite notification. the burden of proving that the time limit was not observed lies with any party relying on such point against the holder.3 where the comment was appended by the drawer, it is effective as against all parties liable on the bill; where it was appended by an endorser or a bill guarantor, it is effective only as against them. if the holder arranges for protest to be made in spite of the comment appended by the drawer, he must bear the costs. where the comment was appended by an endorser or a bill guarantor, all parties liable on the bill must bear the costs of any protest made in spite of it.5. joint and several liability of the parties art. 1044 1 all parties who have drawn, accepted, endorsed or guaranteed a bill of exchange are liable as co-obligors towards the holder.2 the holder may resort to any of them individually, severally or all together without being bound by the order in which they assumed their obligations.3 the same right accrues to every party who has honoured the bill of exchange.4 in asserting his claim against one party liable on a bill, the holder does not surrender his rights against the others or against the endorsers subsequent to such party.6. nature of recourse a. by the holder art. 1045 1 by way of recourse the holder may claim:1. the bill amount, provided the bill has not been accepted or honoured, with any agreed interest;2. interest at a rate of six per cent since the maturity date;3. the costs of the protest and notifications and any other expenses;4. a commission of no more than one-third of one per cent.2 where recourse is had before maturity, interest is deducted from the bill amount. such interest is calculated on the basis of the official (swiss national bank) discount rate obtaining at the domicile of the holder on the date on which recourse is had.b. by the party honouring the bill art. 1046 a party that has honoured the bill of exchange may claim from his preceding endorsers:1. the full amount he paid;2. the interest on such amount at a rate of six per cent since the date on which the bill was honoured;3. his expenses;4. a commission of no more than 2 thousandths.c. right to take possession of bill, protest and receipt art. 1047 1 any party liable on a bill against whom a recourse claim is or may be made is entitled to insist that the bill of exchange together with the protest and a receipted invoice be handed over to him against payment of the recourse amount.2 any endorser who has honoured the bill may delete his endorsement and those of the subsequent endorsers.d. in respect of partial acceptance art. 1048 where recourse is had following a partial acceptance, the party paying the unaccepted portion of the bill amount may insist that this be noted on the bill of exchange and a receipt for such portion be issued to him. further, the holder must provide him with an authenticated copy of the bill of exchange and the protest to make further recourse possible.e. re-exchange bill art. 1049 1 a party with right of recourse may, where no comment to the contrary exists, exercise such right by drawing a new bill of exchange (re-exchange bill) on one of his preceding endorsers which is payable on sight and domiciled at the place of residence of the preceding endorser.2 in addition to the amounts specified in articles 1045 and 1046, the re-exchange bill includes the brokerage fee and the stamp duty for the re-exchange bill.3 where the re-exchange bill is drawn by the holder, the bill amount is dependent on the rate applicable to a sight bill drawn from the bill domicile of the original bill of exchange at the domicile of the preceding endorser. where the re-exchange bill is drawn by an endorser, the bill amount is dependent on the rate applicable to a sight bill drawn from the domicile of the drawer of the re-exchange bill at the domicile of the preceding endorser. 7. invalidation a. in general art. 1050 1 in the event that the holder fails to comply with the time limitsfor presentation of a sight bill or an after-sight bill,for protest for non-acceptance or for non-payment,for presentation for payment of bills bearing the comment "no protest",he forfeits his rights against the endorser, the drawer and all other parties liable on the bill, with the exception of the acceptor.2 in the event that the holder fails to comply with the time limit for presentation for acceptance prescribed by the drawer, he forfeits his right of recourse for non-acceptance and for non-payment, unless the wording of the comment shows that the drawer intended to exclude only liability for acceptance.3 where the time limit for presentation is indicated in an endorsement, only the endorser may rely on it.b. force majeure art. 1051 1 where insuperable obstacles (statutory provisions enacted by a state or some other instance of force majeure) militate against the timely presentation of the bill of exchange or timely protest, the time limits for such actions are extended.2 the holder is obliged to notify the immediately preceding endorser of the force majeure event without delay and to note such notification together with the date and place and his signature on the bill of exchange or an annex thereto; in other respects, the provisions set out in article 1042 are applicable.3 once the force majeure ceases to apply, the holder must present the bill for acceptance or for payment without delay and, where necessary, make protest.4 in the event that the force majeure lasts for longer than 30 days after maturity, recourse may be had without need for presentation or protest.5 in the case of sight bills or after-sight bills, the thirty-day time limit commences on the date on which the holder notified the immediately preceding endorser of the force majeure event; such notification may be made even before expiry of the time limit for presentation. in the case of after-sight bills, the thirty-day time limit is extended by the fixed period after sight indicated on the bill of exchange.6 facts pertaining purely to the person of the holder or a person charged with the task of presenting the bill of exchange or making protest do not count as force majeure events.c. unjust enrichment art. 1052 1 to the extent that the drawer of a bill of exchange and the acceptor are unjustly enriched to the detriment of the holder, they remain obliged to the holder even where their bill liability has prescribed or extinguished on account of failure to take the actions required by law to sustain the entitlement under the bill of exchange.2 the claim for unjust enrichment also exists against the drawee, the domiciliate and the person or company for whose account the drawer issued the bill.3 by contrast, no such claim exists against the endorsers whose bill liability is extinguished.viii. devolution of cover art. 1053 1 where the drawer of a bill of exchange has been declared insolvent, any claim he holds under civil law against the drawee for restitution of cover or reimbursement of amounts paid devolves on the holder of the bill.2 where the drawer declares on the bill of exchange that he assigns his claims in respect of the cover provided, these devolve on the current holder of the bill.3 once the declaration of insolvency has been published or the assignment has been notified to him, the drawee may make payment only to the duly established holder against surrender of the bill of exchange.ix. act of honour 1. general provisions art. 1054 1 the drawer and any endorser or bill guarantor may indicate a person to act as acceptor or payer in case of need.2 subject to the conditions set out below, the bill of exchange may be accepted or paid for honour by any party liable on it against whom recourse may be had.3 any third party, even the drawee, and any party already liable on the bill, with the exception of the acceptor, may accept or pay a bill of exchange for honour.4 a person accepting or paying a bill for honour is obliged to notify the liable party for whom he is intervening of his action within two working days. should he fail to do so, he is liable for any losses caused by the omission, albeit only up to the bill amount.2. acceptance for honour a. requirements, position of the holder art. 1055 1 acceptance for honour is permitted in all cases in which the holder has a right of recourse before maturity, except where presentation of the bill for acceptance is prohibited.2 where the bill of exchange indicates a person to act as acceptor or payer at the bill domicile in case of need, the holder has a right of recourse before maturity against the person who appended such emergency address and against subsequent endorsers only if he has presented the bill to the person indicated under such address and, in the event that acceptance for honour is refused, has had such refusal noted by means of protest.3 in all other cases the holder may refuse acceptance for honour. however, if he admits it, he forfeits his right of recourse before maturity against the person in whose honour acceptance was declared and against subsequent endorsers.b. form art. 1056 the acceptance for honour is noted on the bill of exchange; it must be signed by the acceptor for honour. the declaration of acceptance must indicate the person for whom the acceptance for honour is made; absent such indication, it is deemed made for the drawer.c. liability of the acceptor for honour, effect on right of recourse art. 1057 1 a person accepting a bill for honour is liable to the holder and the subsequent endorsers of the person for whom he intervened in the same manner as said person.2 in spite of the acceptance for honour the party in whose honour the bill of exchange was accepted and his preceding endorsers may insist that the holder surrender the bill of exchange and the protest made, if any, together with a receipted invoice against reimbursement of the amount specified in article 1045.3. payment for honour a. requirements art. 1058 1 payment for honour is permitted in all cases in which the holder has a right of recourse at or before maturity.2 the payment for honour must comprise the full amount payable by the party liable on the bill for whom it is made.3 it must take place no later than the day after the day on which the time limit for protest for non-payment expires.b. obligation of the holder art. 1059 1 where the bill of exchange is accepted for honour by persons resident at the bill domicile or the persons indicated on the bill as being willing to pay in case of need are resident at the bill domicile, the holder must present the bill to all such persons no later than the day after the day on which the time limit for protest for non-payment expires and, where applicable, must arrange protest for failure to make payment for honour.2 any failure to make timely protest releases the person who appended the emergency address or in whose honour the bill was accepted and the subsequent endorsers.c. consequence of refusal art. 1060 where the holder refuses payment for honour, he forfeits his right of recourse against those who would have been released.d. right to take possession of bill, protest and receipt art. 1061 1 a note that the payment for honour has been received must be made on the bill of exchange, indicating the party for whom the payment was made. in the absence of such an indication, the payment is deemed made for the drawer.2 the bill of exchange and any protest made are handed over to the payer for honour.e. devolution of the holder's rights; multiple payments for honour art. 1062 1 the payer for honour acquires the rights under the bill against the party for whom he paid and against those liable to said party under the bill. however, he is not entitled to endorse it further.2 the subsequent endorsers of the party in whose honour payment was made are released.3 where several payments for honour are offered, preference is given to those resulting in release of the largest number of parties liable on the bill. a person paying in honour in contravention of this provision and in full knowledge of the situation forfeits his right of recourse against those who would otherwise have been released.x. production of multiple duplicates and copies of bills of exchange 1. duplicates a. right to make duplicates art. 1063 1 the bill of exchange may be issued in multiple identical duplicates.2 such duplicates must be given serial numbers within the text on the instrument; otherwise, each duplicate counts as a separate bill of exchange.3 every holder of a bill of exchange may request that multiple duplicates be supplied to him at his own expense, provided the text of the bill of exchange does not stipulate that it was made out as a single copy. to do so, the holder must contact the preceding endorser immediately before him, who in turn must contact his immediately preceding endorser, and so on in sequence back to the drawer. the endorsers are obliged to repeat their endorsements on the newly issued duplicates.b. relationship between duplicates art. 1064 1 where payment is made on one duplicate of the bill, the rights under all others are extinguished even if they do not bear a comment to the effect that payment on one renders all the others invalid. however, the drawee remains liable for any duplicate accepted that has not been returned to him.2 where an endorser has transferred the duplicates to a number of different persons, he and his subsequent endorsers are liable for duplicates bearing their signature which have not been surrendered.c. acceptance comment art. 1065 1 where one duplicate has been sent for acceptance, a note must be made on the others of the name of the person now in possession of the despatched duplicate. the latter is obliged to surrender it to the rightful holder of any other duplicate.2 where he refuses to surrender it, the holder has a right of recourse only after arranging for protest to be made, thereby confirming:1. that the duplicate sent for acceptance was not surrendered to him on request;2. that neither acceptance nor payment was obtained on a different duplicate.2. copies a. form and effect art. 1066 1 every holder of a bill of exchange is entitled to make copies of it.2 the copy must be an exact reproduction of the original instrument with endorsements and all other notes and comments appended thereto. it must bear an indication of how far the copy extends.3 the copy may be endorsed and have a declaration of guarantee added to it in the same manner and with the same effects as the original bill.b. surrender of the original bill art. 1067 1 the custodian of the original bill must be indicated on the copy. the custodian is obliged to surrender the original bill to the rightful holder of the copy.2 where he refuses to surrender it, the holder has right of recourse against the endorsers of the copy and against persons who have appended a declaration of guarantee to it only after arranging for protest to be made, thereby confirming that the original bill was not surrendered to him on request.3 where the original bill bears the comment "henceforward endorsements valid only if made on copy" or a comment to that effect appended to the last endorsement before the copy was made, any subsequent endorsement added to the original bill is void.xi. amendments to the bill of exchange art. 1068 where the text of a bill of exchange is amended, those persons who append their signature to the bill after such amendment are liable in accordance with the amended text. those who signed earlier are liable in accordance with the original text.xii. prescription 1. prescriptive periods art. 1069 1 the claims against the acceptor under the bill of exchange prescribe three years after the maturity date.2 the claims of the holder against the endorser and against the drawer prescribe one year after the date on which timely protest was made or, where the bill bears the comment "no protest", one year after the maturity date.3 the claims of one endorser against other endorsers and against the drawer prescribe six months after the date on which the bill of exchange was honoured by the endorser or the claim based on the bill was asserted against him.2. interruption a. grounds art. 1070 the prescriptive period is interrupted by commencement of action on the bill, submission of an application for debt enforcement proceedings, service of a third party notice or petition in insolvency.b. effects art. 1071 1 the interruption of the prescriptive period is effective only against the party in regard to whom the fact causing the interruption occurred.2 on interruption of the prescriptive period, a new prescriptive period of the same duration commences.xiii. cancellation 1. provisional measures art. 1072 1 a person who has lost a bill of exchange may request the court to prohibit the drawee from paying the bill.6552 in serving the attachment order, the court authorises the drawee to deposit the bill amount on the maturity date and designates the place where it is to be deposited.655 amended by annex no 5 of the civil jurisdiction act of 24 march 2000, in force since 1 jan. 2001 (as 2000 2355; bbl 1999 iii 2829).2. known holder art. 1073 1 where the holder of the bill of exchange is known, the court sets the applicant an appropriate time limit within which to bring action for surrender thereof.2 where the applicant fails to bring such action within the time limit, the court lifts the attachment order imposed on the drawee.3. unknown holder a. duties of the applicant art. 1074 1 where the holder of the bill of exchange is known, the court may be asked to cancel it.2 the party applying for cancellation must satisfy the court that he possessed and lost the bill of exchange and produce either a copy of the bill or information on its essential terms.b. public call for presentation art. 1075 where the court is satisfied that the applicant was in possession of the bill of exchange but has since lost it, it issues a public notice calling on the unknown holder to come forward and present the bill within a specified time limit, failing which it will declare the bill cancelled. c. time limits art. 1076 1 the time limit for presentation must be at least three months and no more than one year.2 however, the court is not bound by the minimum duration of three months if, in the case of overdue bills, the statutory prescriptive period would expire before three months have elapsed.3 the time limit for overdue bills commences on the date of the first public notice, and the time limit for bills that are not overdue commences on the maturity date.d. publication art. 1077 1 the call for presentation of the bill of exchange must be published three times in the swiss official gazette of commerce.2 in special cases the court may adopt other appropriate means for publicising the call for presentation.4. effect a. if the bill is presented art. 1078 1 where the lost bill of exchange is presented, the court sets the applicant a time limit within which to bring action for surrender of the bill.2 where the applicant fails to bring action within such time limit, the court returns the bill of exchange and lifts the attachment order.b. if the bill is not presented art. 1079 1 where the lost bill of exchange is not presented within the fixed time limit, the court must pronounce its cancellation.2 following cancellation of the bill of exchange, the applicant may still assert his claim on the bill against the acceptor.5. court orders art. 1080 1 even before the cancellation, the court may order the acceptor to deposit the bill amount or even to pay it against security.2 such security is liable to the bona fide acquirer of the bill of exchange. it is released if the bill of exchange is cancelled or the claims on the bill are otherwise extinguished.xiv. general provisions 1. setting time limits a. holidays art. 1081 1 where the maturity date of a bill of exchange falls on a sunday or a public holiday, payment may not be demanded until the following working day. likewise, all other actions relating to the bill of exchange, and in particular presentation for acceptance and protest, may take place only on a working day.2 where the last day of a time limit within which such an action must be taken falls on a sunday or a public holiday656, the time limit is extended to include the next working day. holidays falling within the time limit are included when computing it.656 in relation to the statutory time limits under federal law and the time limits fixed by authorities by virtue of federal law, saturday is now regarded as equivalent to a public holiday (art. 1 of the fa of 21 june 1963 on the application of limitation periods to saturdays; sr 173.110.3).b. computing time limits art. 1082 when computing statutory time limits or time limits indicated on the bill of exchange, the day on which they commence is not included.c. exclusion of days of respite art. 1083 days of respite, whether statutory or by court order, are not recognised.2. place for actions in connection with bills of exchange art. 1084 1 the correct place at which to present bills of exchange for acceptance or payment, to make protest, to submit a request for issue of a duplicate bill and to take all other bill-related actions in respect of a specific person is that person's business premises or, where none exist, his private address.2 such business premises or address must be ascertained with all due diligence.3 however, if inquiries to the police or post office of the relevant locality are unsuccessful, no further investigation is required.3. signature by hand; blind person's signature art. 1085 1 declarations in respect of bills of exchange must be signed by hand.2 the signature by hand may not be replaced by a mechanical reproduction thereof, by a mark, even if authenticated, or by any other form of authentication by notary.3 the signature of a blind person must be authenticated.xv. applicable jurisdiction 1. capacity to incur liability as a party to a bill art. 1086 1 a person's capacity to incur liability as a party to a bill is determined according to the law of the country of which he is a citizen. where such law provides that the law of a different country is definitive, the latter is applicable.2 a person who, under the law stipulated in the previous paragraph, lacks capacity to incur liability as a party to a bill is nonetheless obliged if he appends his signature in the territory of a country under whose law he would have such capacity.2. form and time limits of declaration on bills of exchange a. in general art. 1087 1 the form of a declaration on a bill of exchange is determined according to the law of the country in whose territory the declaration was signed.2 however, where a declaration on a bill of exchange that is invalid under the previous paragraph would be valid under the law of the country in whose territory a subsequent declaration is signed, the validity of the later declaration is not affected by any formal defects of the earlier declaration.3 similarly, a declaration on a bill of exchange given by one swiss national abroad is valid in relation to another swiss national in switzerland provided it satisfies the formal requirements laid down by swiss law.b. actions to exercise and safeguard rights under bills of exchange art. 1088 the formal requirements and time limits for protest and the formal requirements for other actions to exercise or safeguard rights under bills of exchange are determined according to the law of the country in whose territory the protest is to be made or the action to be taken.c. exercise of right of recourse art. 1089 the time limits for exercising rights of recourse are determined for all interested parties by the law of the place in which the bill of exchange was drawn.3. effect of declarations on bills of exchange a. in general art. 1090 1 the effects of declarations of commitment made by the acceptor of a bill of exchange and by the maker of a promissory note are determined according to the law of the bill domicile or place of payment.2 the effects of other declarations on bills of exchange are determined according to the law of the country in whose territory the declarations were signed.b. partial acceptance and part payment art. 1091 the law of the bill domicile determines whether the acceptance of a bill of exchange may be limited to part of the bill amount and whether the holder is or is not obliged to accept a part payment.c. payment art. 1092 the payment of a bill of exchange at maturity, in particular the computation of the maturity date and the payment date, and the payment of bills denominated in a foreign currency are determined according to the law of the country in whose territory the bill is domiciled.d. claims for unjust enrichment art. 1093 claims for unjust enrichment against the drawee, the domiciliate and the person or firm for whose account the drawer drew the bill are determined according to the law of the country in whose territory these persons are resident.e. devolution of cover art. 1094 the law of the place of issue determines whether the holder of a bill of exchange acquires the underlying claim.f. annulment art. 1095 the law of the bill domicile determines the measures to be taken in the event of the loss or theft of a bill of exchange.c. the promissory note 1. requirements art. 1096 a promissory note contains:1. the designation 'promissory note' in the text of the instrument and in the language in which it is issued;2. the unconditional promise to pay a certain sum of money;3. the due date;4. the place of payment;5. the name of the person to whom or to whose order payment is to be made;7. the date on which and place at which the note is made;8. the maker's signature.2. required content lacking art. 1097 1 an instrument missing one of the elements stipulated in the previous article is not deemed a promissory note, except in the cases described in the following paragraphs.2 a promissory note containing no indication of the due date is deemed a sight bill.3 where no other specific place is mentioned, the place at which the note is made is deemed both the place of payment and the domicile of the maker.4 a promissory note without any indication of the place in which it was made is deemed made at the place indicated together with the name of the maker.3. reference to bill of exchange art. 1098 1 the provisions governing the following aspects of bills of exchange also apply to promissory notes, unless they run counter to the essential nature of the latter:endorsement (art. 1001-1010);maturity (art. 1023-1027);payment (art. 1028-1032);recourse for non-payment (art. 1033-1047, 1049-1051); payment for honour (art. 1054, 1058-1062);copies (art. 1066 and 1067);amendments (art. 1068);prescription (art. 1069-1071);annulment (art. 1072-1080);public holidays, computation of time limits, exclusion of days of respite, place for actions in connection with bills of exchange, and signatures (art. 1081-1085).2 further, promissory notes are subject to the provisions governing bills of exchange in relation to bills domiciled with a third party or at a place other than the drawee's domicile (art. 994 and 1017), the interest rate comment (art. 995), discrepancies in the specification of the amount (art. 996), the consequences of invalid signatures (art. 997) or of signatures by persons lacking power of representation or exceeding such power (art. 998), and blank bills (art. 1000).3 likewise, promissory notes are subject to the provisions governing bills of exchange in relation to bill guarantees (art. 1020-1022); in the case of article 1021 paragraph 4, where the declaration does not indicate the party for whom it is made, the bill guarantee is deemed given for the maker of the promissory note.4. liability of the maker; presentation for sight art. 1099 1 the maker of a promissory note is liable in the same manner as the acceptor of a bill of exchange.2 promissory notes made out for a specified time after sight must be presented for sight to the maker within the time limits stipulated in article 1013. such sight must be confirmed by the maker on the promissory note together with the date and the maker's signature. the fixed period after sight commences on the date on which the sight comment is appended. where the maker refuses to confirm sight and the date, this fact must be established by means of protest (art. 1015); in this case, the fixed period after sight commences on the date on which protest is made.section five: the cheque i. issue and formal requirements of cheques 1. requirements art. 1100 a cheque contains:1. the designation 'cheque' in the text of the instrument and in the language in which it is issued;2. the unconditional instruction to pay a certain sum of money;3. the name of the person who is to pay (drawee);4. the place of payment;5. the date and the place of issue;8. the drawer's signature.2. required content lacking art. 1101 1 an instrument missing one of the elements stipulated in the previous article is not deemed a cheque, except in the cases described in the following paragraphs.2 where no other specific place is mentioned, the place indicated together with the name of the drawee is deemed the place of payment. where several places are indicated together with the name of the drawee, the cheque is payable at the place mentioned first.3 a cheque containing no indication of place of issue is deemed payable at the place where the drawee has its principal place of business.4 a cheque containing no indication of the place of issue is deemed issued at the place indicated together with the name of the issuer.3. capacity to act as drawee art. 1102 1 on cheques payable in switzerland, only a banker may be designated as the drawee.2 a cheque drawn on another person is deemed to be merely an instrument ordering payment.4. cover requirement art. 1103 1 a cheque may be issued only where the drawer holds assets with the drawee and has the right to dispose of such assets by means of cheques pursuant to an explicit or tacit agreement. however, the instrument's validity as a cheque is not affected by any failure to comply with these provisions.2 where the drawer has assets with the drawee covering only a portion of the cheque amount, the drawee is obliged to pay such portion.3 a person issuing a cheque without being authorised by the drawee to dispose of the instructed amount must reimburse the bearer for any damage so caused and, in addition, five per cent of the uncovered portion of the instructed amount.5. exclusion of acceptance art. 1104 the cheque may not be accepted. an acceptance comment appended to the cheque is deemed unwritten.6. designation of payee art. 1105 1 the cheque may be made payable to:a specific person, with or without the explicit comment "to order"; a specific person, with the comment "not to order" or a comment to that effect;the bearer.2 where the cheque designates a specific person as payee with the added comment "or presenter" or a comment to that effect, the cheque is deemed made out to the bearer.3 a cheque with no payee indicated is deemed payable to the bearer.7. interest comment art. 1106 an interest comment appended to the cheque is deemed unwritten.8. paying agents, domiciled cheques art. 1107 the cheque may be made payable by a third party, at the drawee's domicile or at another place, providing the third party is a banker.ii. transfer 1. transferability art. 1108 1 a cheque made payable to a specific person with or without the explicit comment "to order" may be transferred by endorsement.2 a cheque made payable to a specific person with or without the explicit comment "not to order" or with a comment to that effect may be transferred only subject to the formal requirements and with the effects of a normal assignment.3 the endorsement may also be made out to the drawer or to any other party liable for it. such persons may endorse the cheque further.2. requirements art. 1109 1 the endorsement must be unconditional. conditions attached to the endorsement are deemed unwritten.2 a partial endorsement is void.3 likewise, an endorsement by the drawee is void.4 an endorsement to the bearer is deemed a blank endorsement.5 an endorsement to the drawee is deemed merely a receipt, unless the drawee has several branch offices and the endorsement is made out to a different office from that on which the cheque is drawn.3. proof of bearer's entitlement art. 1110 a person possessing a cheque transferred by endorsement is deemed the holder in due course providing he can demonstrate his entitlement by means of an uninterrupted sequence of endorsements, even where the last is a blank endorsement. deleted endorsements are deemed unwritten. where a blank endorsement is followed by a further endorsement, it is presumed that the person who issued this endorsement acquired the bill by means of the blank endorsement.4. bearer cheque art. 1111 an endorsement on a bearer cheque renders the endorser liable in accordance with the provisions governing recourse, albeit without transforming the instrument into a cheque to order.5. lost cheques art. 1112 where the cheque was somehow lost by a former bearer, a new bearer who has gained possession of the cheque, whether it is a bearer cheque or a cheque transferable by endorsement and the bearer can demonstrate his entitlement in accordance with article 1110, is obliged to surrender it only if he acquired it in bad faith or was guilty of gross negligence when he acquired it.6. rights stemming from subsequent endorsement art. 1113 1 where the cheque was endorsed only after protest has been made or equivalent action taken or after expiry of the time limit for presentation, the endorsement only has the effects of a normal assignment.2 until the opposite is proven, it is presumed that an undated endorsement was made on the cheque before protest was made or equivalent action taken or before the time limit for presentation expired.iii. cheque guarantees art. 1114 1 payment of the cheque amount may be secured in part or in full by means of a cheque guarantee.2 such security may be provided by a third party, with exception of the drawee, or even by a person whose signature has already been appended to the cheque.iv. presentation and payment 1. maturity art. 1115 1 the cheque is payable on sight. any contrary indication is deemed unwritten.2 a cheque presented for payment prior to the issue date indicated on the cheque is payable on the date on which it is presented.2. presentation for payment art. 1116 1 a cheque payable in the country in which it was issued must be presented for payment within eight days.2 a cheque payable in a country other than the country in which it was issued must be presented within 20 days where the place of issue and place of payment are in the same continent and within 70 days where they are on different continents.3 for this purpose, a cheque issued in a european country and payable in a country on the mediterranean sea, or vice versa, counts as a cheque issued and payable in the same continent.4 the time limits stipulated above commence on the date indicated on the cheque as the issue date.3. computation by the old method art. 1117 where a cheque is payable at a place where the calendar is different from that of the place of issue, the issue date is determined according to the calendar of the place of payment.4. delivery to clearing house art. 1118 delivery of the cheque to a clearing house recognised by the swiss national bank is equivalent to presentation for payment.657657 amended by annex no ii 2 of the national bank act of 3 oct. 2003, in force since 1 may 2004 (as 2004 1985; bbl 2002 6097).5. revocation a. in general art. 1119 1 a revocation of the cheque takes effect only after expiry of the time limit for presentation.2 where the cheque is not revoked, the drawee may make payment even after expiry of the time limit for presentation.3 where the drawer contends that he or a third party lost the cheque, he may forbid the drawee to cash it.b. death, incapacity, bankruptcy art. 1120 the validity of the cheque is unaffected even where the drawer dies, loses his capacity to act or becomes bankrupt after the cheque was issued. 6. verification of endorsements art. 1121 a drawee honouring a cheque transferred by endorsement is obliged to check that the sequence of endorsements is correct but is not required to verify the signatures of the endorsers.7. payment in foreign currency art. 1122 1 where the cheque is denominated in a currency other than that of the place of payment, the cheque amount may be paid in the national currency at its value as at the date of presentation. where payment is not made on presentation, the bearer is free to choose whether the cheque amount is converted into the national currency at the rate applicable on the date of presentation or the rate applicable on the payment date.2 the value of the foreign currency is determined according to customary commercial practice at the place of payment. however, the drawer may stipulate an exchange rate for the bill amount on the bill of exchange.3 the provisions of the two previous paragraphs are not applicable if the drawer has stipulated payment in a specified currency (actual currency clause).4 where the cheque is denominated in a currency which has the same name but a different value in the country in which the cheque was issued and that in which it is payable, the presumption is that the currency meant is that of the place of payment.v. the crossed cheque and the account-payee-only cheque 1. crossed cheques a. definition art. 1123 1 the drawer and any bearer may cross the cheque with the effects envisaged in article 1124.2 a cheque is crossed by drawing two parallel lines on its obverse. such crossing may be general or specific.3 the crossing is general if no indication or the comment "banker" or a comment to that effect is inserted between the two lines; it is specific if the name of a banker is inserted between the two lines.4 a general crossing may be converted into a specific crossing, but not vice versa.5 any deletion of the crossing or of the name of the designated banker is deemed not done.b. effects art. 1124 1 a generally crossed cheque may be paid by the drawee only to a banker or a client of the drawee.2 a specifically crossed cheque may be paid by the drawee only to the designated banker or, where the latter is himself the drawee, to his clients. however, the designated banker may entrust collection of the cheque to another banker.3 a banker may acquire a crossed cheque only from one of his clients or from another banker. further, he may collect such cheque only for the account of the aforementioned persons.4 where a cheque has been specifically crossed more than once, the drawee may honour the cheque only where it has been crossed not more than twice and one of the crossings was done for the purpose of collection by means of delivery to a clearing house.5 a drawee or banker acting in contravention of the above provisions is liable for any losses caused thereby, albeit only up to the cheque amount.2. account-payee-only cheques a. in general art. 1125 1 the drawer and any bearer of a cheque may prohibit payment of the cheque in cash by appending the comment "account payee only" or a comment to that effect diagonally across the obverse of the cheque.2 in this case the drawee may honour the cheque only by crediting the amount to an account (credit, transfer, debit settlement). the account credit is deemed payment.3 any deletion of the comment "account payee only" is deemed not to have been done.4 a drawee acting in contravention of the above provisions is liable for any losses caused thereby, albeit only up to the cheque amount.b. bearer's rights in the event of insolvency, suspension of payments, compulsory execution art. 1126 1 however, where the drawee has been declared insolvent or has suspended its payments or debt enforcement proceedings have been brought against it without success, the bearer of an account-payee-only cheque has the right to demand cash payment of the cheque by the drawee and has a right of recourse. 2 the same applies in the event that the bearer cannot obtain the account credit from the drawee as a result of measures taken pursuant to the federal act of 8 november 1934 on banks and savings banks658.658 sr 952.0c. bearer's rights in the event of refusal of account credit or settlement art. 1127 further, the bearer of an account-payee-only cheque has a right of recourse where he can show that the drawee has refused to make the account credit unconditionally or that the cheque has been declared unfit for settlement of the bearer's obligations by the clearing house of the place of payment.vi. recourse for non-payment 1. bearer's rights of recourse art. 1128 the bearer may have recourse against the endorser, the drawer and the other parties liable for the cheque if it is not honoured on timely presentation and such refusal of payment has been established:1. by public deed (protest), or2. by means of a written and dated declaration made by the drawee on the cheque, including the date of presentation, or3. by means of a written and dated declaration made by a clearing house to the effect that the cheque was delivered in good time and not paid.2. protest, time limits art. 1129 1 the protest or equivalent declaration must be made before the time limit for presentation expires.2 where the cheque is presented on the last day of the time limit, the protest or equivalent declaration may still be made on the following working day.3. object of recourse art. 1130 by way of recourse, the bearer may claim:1. the cheque amount, provided the cheque has not been honoured;2. interest at a rate of six per cent since the date of presentation;3. the costs of the protest or equivalent declaration and of notifications, plus other expenses;4. a commission of not more than one-third of one per cent.4. exceptions in the case of force majeure art. 1131 1 where insuperable obstacles (statutory provisions enacted by a state or some other instance of force majeure) militate against the timely presentation of the cheque or timely protest or equivalent declaration, the time limits for such actions are extended.2 the bearer is obliged to notify the immediately preceding endorser of the force majeure event without delay and to note such notification together with the date and place and his signature on the cheque or an annex thereto; in other respects the provisions set out in article 1042 are applicable.3 once the force majeure ceases to apply, the holder must present the cheque for acceptance or for payment without delay and, where necessary, make protest or similar declaration.4 in the event that the force majeure lasts for longer than 15 days after the date on which the bearer himself notified the preceding endorser of the force majeure event prior to expiry of the time limit for presentation, recourse may be had without need for presentation or protest or similar declaration.5 facts pertaining purely to the person of the bearer or a person charged with the task of presenting the cheque or making protest or arranging for an equivalent declaration do not count as force majeure events.vii. forged cheques art. 1132 the losses arising from payment of a forged or falsified cheque are borne by the drawee, provided that the drawer named on the cheque is not at fault, such as through negligence in the safekeeping of blank cheque forms entrusted to him.viii. duplicates of a cheque art. 1133 cheques may be issued in several identical duplicates if they are not made out to the bearer and are payable in a country other than the country of issue or in an overseas territory belonging to the country of issue, or vice versa, or are both issued and payable in an overseas territory, or are issued in one overseas territory and payable in a different overseas territory belonging to the same country. such duplicates must be given serial numbers within the text on the instrument; otherwise, each duplicate counts as a separate cheque.ix. prescription art. 1134 1 the bearer's rights of recourse against the endorser, the drawer and the other parties liable prescribe six months after the time limit for presentation expires.2 the rights of recourse of one liable party against another prescribe six months after the date on which the cheque was honoured by such party or the claim based on the cheque was asserted against him.x. general provisions 1. definition of 'banker' art. 1135 for the purposes of this section, the term 'banker' is understood to mean any institution subject to the federal act of 8 november 1934659 on banks and savings banks.659 sr 952.02. setting time limits a. holidays art. 1136 1 the presentation and protest of a cheque must take place on a working day.2 where the last day of a time limit within which an action in connection with the cheque must be taken, in particular presentation, protest or an equivalent declaration, falls on a sunday or a public holiday660, the time limit is extended to include the next working day.holidays falling within the time limit are included when computing it.660 in relation to the statutory time limits under federal law and the time limits fixed by authorities by virtue of federal law, saturday is now regarded as equivalent to a public holiday (art. 1 of the fa of 21 june 1963 on the application of limitation periods to saturdays; sr 173.110.3).b. computing time limits art. 1137 when computing the time limits envisaged in this law, the day on which they commence is not included.xi. applicable jurisdiction 1. capacity to act as drawee of a cheque art. 1138 1 a person's capacity to act as drawee of a cheque is determined according to the law of the country in which it is payable.2 where under such law the cheque is void for reasons pertaining to the person of the drawee, obligations are nonetheless binding if they arise from signatures appended to the cheque in countries where the law does not envisage nullity for such reasons.2. form and time limits for declarations on cheques art. 1139 1 the form of a declaration on a cheque is determined according to the law of the country in whose territory such declaration was signed. however, compliance with the formal requirements laid down by the law of the place of payment is sufficient.2 where a declaration on a cheque that is invalid pursuant to the previous paragraph would be valid under the law of the country in whose territory a subsequent declaration is signed, the validity of the later cheque declaration is not affected by any formal defects of the earlier declaration.3 similarly, a declaration on a cheque made by one swiss national abroad is valid as against another swiss national in switzerland providing it satisfies the formal requirements laid down by swiss law.3. effect of cheque declarations a. law of the place of issue art. 1040 1 the effects of cheque declarations are determined pursuant to the law of the country in whose territory such declarations were signed.b. law of the place of payment art. 1141 the law of the country in whose territory the cheque is payable determines:1. whether the cheque is necessarily payable on sight or whether it may be drawn for a specified time after sight and what the effects are if a date later than the real issue date is indicated on the cheque;2. the time limit for presentation;3. whether a cheque may be accepted, certificated, confirmed or given a mark of approval and what the effects of such comments are;4. whether the bearer may request part payment and whether he must accept part payment;5. whether a cheque may be crossed or have the comment "account payee only" or an equivalent comment appended to it and what the effects of such crossing or comment are;6. whether the bearer has specific rights to the cover and what the nature of such rights is;7. whether the drawer may revoke the cheque or protest against payment of the cheque;8. the measures to be taken in the event of the loss or theft of the cheque;9. whether a protest or equivalent declaration is required to preserve the right of recourse against the endorser, the drawer and the other parties liable for the cheque.c. law of domicile art. 1142 a claim for unjust enrichment against the drawee or the domiciliate is determined according to the law of the country in whose territory these persons are resident.xii. applicability of the law on bills of exchange art. 1143 1 the following provisions of the law on bills of exchange are also applicable to cheques:1. article 990 on the capacity to incur liability as party to a bill;2. article 993 on bills of exchange made out to own order, drawn on the drawer and for the account of a third party;3. articles 996-1000 on discrepancies in the specification of the bill amount, signatures of persons lacking capacity to incur liability as parties to bills, unauthorised signatures, liability of the drawer and blank bills;4. articles 1003-1005 on endorsements;5. article 1007 on defences;6. article 1008 on the rights under procuration endorsement;7. articles 1021 and 1022 on form and effects of bill guarantees;8. article 1029 on the right to receipts and part payments;9. articles 1035-1037 and 1039-1041 on protest;10. article 1042 on notification;11. article 1043 on the waiver of protest;12. articles 1044 on the joint and several liability of the parties;13. articles 1046 and 1047 on the right of recourse on payment of the bill of exchange and the right to take possession of bills of exchange, protest and receipts;14. article 1052 on claims for unjust enrichment;15. article 1053 on devolution of cover;16. article 1064 on the relationship between duplicates;17. article 1068 on amendments;18. articles 1070 and 1071 on interruption of prescriptive periods;19. articles 1072-1078 and 1079 paragraph 1 on cancellation;20. articles 1083-1085 on exclusion of days of respite, the place for actions in connection with bills of exchange and signatures by hand;21. articles 1086, 1088 and 1089 on applicable jurisdiction with regard to capacity to incur liability as a party to bills, actions to exercise and safeguard rights under bills of exchange and exercise of the right of recourse.2 none of the provisions relating to acceptance of bills of exchange laid down in these articles is applicable.3 with regard to their applicability to cheques, article 1042 paragraph 1, article 1043 paragraph 1 and 3 and article 1047 are supplemented in the sense that a declaration equivalent to protest as defined in article 1128 letters 2 and 3 may substitute for protest itself.xiii. reservation of specific law art. 1144 the special provisions governing swiss post office cheques are reserved.section six: bill-like securities and other instruments to order a. in general i. requirements art. 1145 a negotiable security is deemed an instrument to order if it is made out to order or declared by law to be an instrument to order.ii. defences of the obligor art. 1146 1 against a claim deriving from an instrument to order, the obligor may plead only such defences as contest the validity of the instrument or arise from the instrument itself and those available to him personally against the respective obligee.2 defences based on the direct relations between the obligor and a former bearer are admissible where the bearer intentionally acted to the detriment of the obligor when acquiring the security.b. bill-like securities i. payment instructions to order 1. in general art. 1147 where a payment instruction is not designated as a bill of exchange in the text appearing on the instrument itself but is expressly made out to order and satisfies all the other requirements of a bill of exchange, it counts as a bill of exchange.2. no duty to accept art. 1148 1 the payment instruction to order must not be presented for acceptance.2 if it is nevertheless presented but acceptance is refused, the bearer does not have right of recourse on these grounds.3. consequences of acceptance art. 1149 1 where the payment instruction to order is accepted voluntarily, the acceptor of the payment instruction counts as the acceptor of a bill of exchange.2 however, the bearer may not have recourse before maturity if the instructed party has been declared insolvent or has suspended his payments or compulsory execution has been levied on his assets without success.3 similarly, the bearer may not have recourse before maturity if the instructing party has been declared insolvent.4. no enforcement of bills of exchange art. 1150 the provisions of the debt collection and bankruptcy act of 11 april 1889661 governing the enforcement of bills of exchange do not apply to payment instructions to order.661 sr 281.1ii. promise to pay to order art. 1151 1 where a promise to pay is not designated as a promissory note in the text appearing on the instrument itself but is expressly made out to order and satisfies all the other requirements of a promissory note, it counts as a promissory note. 2 however, the provisions governing payment for honour do not apply to promises to pay to order.3 the provisions of the debt collection and bankruptcy act of 11 april 1889662 governing the enforcement of bills of exchange do not apply to promises to pay to order.662 sr 281.1c. other endorsable securities art. 1152 1 instruments whereby the signatory undertakes to pay certain sums of money or deliver certain quantities of fungibles with reference to place, time and total amount may, if they are expressly made out to order, be transferred by endorsement.2 these and other endorsable instruments, such as warehouse warrants, bills of lading, etc., are subject to the provisions of the law on bills of exchange governing the form of the endorsement, proof of the bearer's entitlement, annulment and the bearer's duty to surrender the instrument.3 however, the provisions governing rights of recourse on bills of exchange do not apply to such instruments.section seven: documents of title to goods a. requirements . in general663 663 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).art. 1153 documents of title to goods issued by a warehouse keeper or carrier as negotiable securities must bear:1. the place and date of issue and the signature of the issuer;2. the name and address of the issuer;3. the name and address of the depositor or sender of the goods;4. an inventory of the stored or despatched goods by description, volume and identification marks;5. the fees and remuneration payable or paid in advance;6. any special agreements between the parties concerning the handling of the goods;7. the number of duplicates of the document of title to goods;8. the persons with power of disposal, with indication of names or to order or as bearer.ii. equivalent instruments in security ledgers art. 1153a664 1 the parties may issue documents of title to goods in the form of ledger-based securities. articles 1154 and 1155 apply mutatis mutandis.2 the issuer's signature is not required if the instrument can be unambiguously attributed to him or her in another manner. the further content of the instrument, including any charges, must be recorded in the securities ledger itself or in the associated accompanying data.664 inserted by no i 1 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 feb. 2021 (as 2021 33; bbl 2020 233).b. the warrant art. 1154 1 where one of two or more documents of title to goods is to serve the purpose of establishing a lien, it must be designated as a warrant and in all other respects take the form of a document of title to goods.2 the issue of the warrant must be noted on the other duplicates along with every pledge made, including the claim amount and due date.c. significance of the formal requirements art. 1155 1 bills and certificates issued in respect of stored goods or freight that do not satisfy the formal requirements of documents of title to goods are not recognised as negotiable securities, but are deemed to be merely receipts or other documents in proof.2 bills and certificates issued by warehouse keepers without the legally required approval from the competent authority are recognised as negotiable securities provided they satisfy the statutory formal requirements. the issuer is liable to an administrative fine of up to 1,000 francs to be imposed by the competent cantonal authority.title thirty-four: bonds section one: . art. 1156665 665 repealed by annex no 1 of the financial services act of 15 june 2018, with effect from 1 jan. 2020 (as 2019 4417; bbl 2015 8901).section two:666 community of bond creditors 666 amended by no i of the fa of 1. april 1949, in force since 1 jan. 1950 (as 1949 i 791 801; bbl 1947 iii 869). see also the final provisions of the second sec. of title xxxiv, at the end of this code.a. requirements art. 1157 1 where bonds with uniform conditions are offered directly or indirectly for public subscription by a borrower whose domicile or commercial office is in switzerland, by operation of law the creditors form a community of creditors.2 where several different issues are offered, the creditors of each issue form a separate community of creditors.3 the provisions of this chapter do not apply to bonds issued by the confederation, cantons, municipalities and other public sector corporations and entities.b. bond representative i. appointment art. 1158 1 representatives appointed under the bond issue conditions are, unless otherwise provided, deemed to be representatives of both the community of creditors and the borrower.2 the creditors' meeting may elect one or more representatives for the community of creditors.3 unless otherwise provided, multiple representatives exercise their powers of representation jointly.ii. powers 1. in general art. 1159 1 the representative has such powers as are conferred on him by law, the bond issue conditions or the creditors' meeting.2 his duties are to request that the borrower convene a creditors' meeting where the conditions for such convocation obtain, to implement its resolutions and to represent the community of creditors within the bounds of the powers conferred on him.3 to the extent that the representative is authorised to assert the creditors' rights, the individual creditors are not entitled to exercise their rights independently.2. monitoring of the borrower art. 1160 1 where the borrower is in arrears in the fulfilment of his obligations under the bond issue, the representative of the community of creditors is entitled to obtain from the borrower all information of interest to the community of creditors.2 on the same conditions, where the borrower is a company limited by shares, partnership limited by shares, limited liability company or cooperative, the representative may participate in an advisory capacity in the meetings of its governing bodies to the extent that the agenda items under discussion relate to the interests of the bond creditors.3 the representative must be invited to such meetings and is entitled to receive the background documentation to be discussed at such meetings in good time.3. in the case of bonds secured by a charge art. 1161 1 where a representative of the borrower and the creditors has been appointed for a bond issue secured by a land charge or a charge on chattels, he has the same powers as a pledgee under a land charge.2 the representative must safeguard the rights of the creditors, the borrower and the owner of the charged property diligently and impartially.iii. lapse of authority art. 1162 1 the creditors' meeting may revoke or modify the authority conferred on a representative at any time.2 the authority of a representative appointed under the bond issue conditions may be revoked or modified at any time by resolution of the community of creditors with the consent of the borrower.3 on application by a bond creditor or the borrower, the court may declare such authority extinguished for good cause.4 where the representative's authority lapses for whatever reason, at the request of a bond creditor or the borrower, the court orders the measures necessary to protect the bond creditors and the borrower.iv. costs art. 1163 1 the costs of all representative arrangements envisaged in the bond issue conditions are borne by the borrower.2 the costs of representation appointed by the community of creditors are covered by payments made by the borrower and deducted from all bond creditors in proportion to the nominal value of the bonds they hold.c. creditors' meeting i. in general art. 1164 1 the community of creditors is authorised within the bounds of the law to take all measures required to safeguard the collective interests of the bond creditors, in particular as regards any financial difficulties encountered by the borrower.2 the resolutions of the community of creditors are made by the creditors' meeting and are valid providing they satisfy the requirements laid down by the law in general or for specific measures.3 the individual bond creditors are not entitled to assert their rights independently to the extent that valid resolutions on the matters in question have been made by the creditors' meeting.4 the costs of convening and holding the creditors' meeting are borne by the borrower.ii. convocation 1. in general art. 1165 1 the creditors' meeting is convened by the borrower.2 the borrower is obliged to convene it within 20 days if so requested by bond creditors together holding at least one-twentieth of the bond capital in circulation or by the bond representative in writing with an indication of the purpose of and reasons for the meeting.3 in the event that the borrower fails to comply with such request, the court may authorise the applicant to convene a creditors' meeting of his own accord. the court at the current or last seat of the debtor in switzerland has mandatory jurisdiction.6674 if the debtor has or had only a branch office in switzerland, the court at the location of this branch office has mandatory jurisdiction.668667 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).668 amended by annex 1 no ii 5 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).2. moratorium art. 1166 1 from the date on which the invitation to the creditors' meeting is duly published until the final outcome of the composition proceedings, all due claims of the bond creditors are subject to a stay of enforcement.2 such stay is not a suspension of payments within the meaning of the debt collection and bankruptcy act of 11 april 1889669; the creditors may not apply for the commencement of insolvency proceedings without prior debt enforcement.3 for the duration of the stay, such prescriptive and forfeiture periods as can be interrupted by debt enforcement are suspended for the due claims of the bond creditors.4 where the borrower abuses the right to obtain a stay of enforcement, at the request of a bond creditor it may be lifted by the higher cantonal composition authority.669 sr 281.1iii. holding the meeting 1. voting right art. 1167 1 each owner of a bond or his representative, or in the case of bonds under a usufruct either the usufructuary or his representative, has the right to vote. however, the usufructuary is liable in damages to the owner for any failure to take due account of the latter's interests when exercising the voting rights.2 bonds owned by or held in usufruct by the borrower confer no voting rights. however, where bonds belonging to the borrower have been given in pledge, the pledgee is entitled to exercise the associated voting rights.3 a charge or special lien held by the borrower on bonds does not preclude the voting rights of the owners of such bonds.2. representation of individual bond creditors art. 1168 1 representation of bond creditors requires a written power of attorney, unless such representation has its basis in law.2 the borrower is excluded from representing bond creditors with voting rights.iv. procedure art. 1169 the federal council enacts provisions governing convocation of the creditors' meeting, communication of the agenda, proof of entitlement to participate in the creditors' meeting, moderation of the general meeting and the recording and communication of its resolutions.d. resolutions of the community of creditors i. encroachment on creditors' rights 1. admissibility and required majority a. in the case of only one community of creditors art. 1170 1 a majority of at least two-thirds of the bond capital in circulation is required to pass a valid resolution in connection with the following measures:1. moratorium on interest for up to five years, with the option of extending the moratorium twice for up to five years each time;2. waiver of up to five years' worth of interest within a seven-year period;3. decrease of the interest rate by up to one-half of the rate envisaged in the bond issue conditions or conversion of a fixed interest rate into a rate dependent on the business results, both measures to last for up to ten years, with the option of an extension for up to five years;4. extension of the redemption time limit by up to ten years by means of a reduction in the annual payment or an increase in the number of the redemption shares or temporary suspension of such payments, with the option of an extension for up to five years;5. suspension of a bond issue now due or maturing within five years or of portions thereof for up to ten years, with the option of an extension for up to five years;6. authorisation of an early redemption of the bond capital;7. granting of a priority lien for new capital raised for the issuing company and changes to the collateral provided for a bond issue or full or partial waiver of such collateral;8. consent to an amendment of the provisions governing restrictions on issues of bonds in relation to the share capital;9. consent to a full or partial conversion of bonds into shares.2 these measures may be combined.b. in the case of several communities of creditors art. 1171 1 where there is more than one community of creditors, the borrower may propose one or more of the measures described in the previous article to the different communities of creditors simultaneously, subject to the proviso that, where one such measure is proposed, it will be valid only if accepted by all the communities of creditors and that in addition, where two or more such measures are proposed, the validity of each measure is conditional on acceptance of all the others.2 proposals are deemed accepted where they obtain the consent of persons representing at least two-thirds of the bond capital in circulation of all such communities of creditors combined and at the same time are accepted by a majority of the communities of creditors and, within each community of creditors, by at least a simple majority of the bond capital represented.c. determining the majority art. 1172 1 when determining the total bond capital in circulation, bonds that do not confer voting rights are disregarded.2 where a motion put to the creditors' meeting fails to attain the requisite number of votes, the borrower may register votes making up the shortfall by written and authenticated declarations made within two months of the date of the meeting to the chairman of the meeting and thereby bring about a valid resolution.2. restrictions a. in general art. 1173 1 no bond creditor may be required by resolution of the community of creditors to tolerate an encroachment on the creditors' rights other than those envisaged in article 1170 or to make payments that were neither envisaged in the bond issue conditions nor agreed with him when the bonds were issued.2 the community of creditors may not extend the creditors' rights without the consent of the borrower.b. equal treatment art. 1174 1 the persons making up a community of creditors must all be equally affected by any resolution to adopt compulsory measures, unless every disadvantaged creditor expressly agrees to such measures.2 the ranking of charge creditors must not be changed without their consent. article 1170 letter 7 is reserved.3 undertakings and dispositions whereby individual creditors are favoured over others belonging to the community of creditors are void.c. statement and balance sheet art. 1175670 an application to take the measures described in article 1170 may be made by the borrower and considered by the creditors' meeting only on the basis of status report drawn up as at the date of the creditors' meeting or a balance sheet drawn up as at a date no more than six months prior to the meeting in accordance with standard practice and, where applicable, certified by the auditor as true and fair. 670 amended by no i 3 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).3. official approval a. in general art. 1176 1 resolutions involving an encroachment on creditors' rights are effective and binding on the bond creditors who did not vote in favour of them only if they have been approved by the higher cantonal composition authority.2 the borrower must submit them within one month of their adoption to said authority for approval.3 the time and date of the hearing is published together with a notice to the bond creditors informing them that they may raise objections in writing or in person at the hearing.4 the costs of the approval procedure are borne by the borrower.b. requirements art. 1177 official approval may be refused only where:1. the provisions governing the convocation of the creditors' meeting and its adoption of resolutions were infringed;2. it transpires that a resolution intended to avert financial hardship from the borrower was not necessary;3. the collective interests of the bond creditors are not sufficiently protected;4. the resolution was brought about by dishonest means.c. appeal art. 1178 1 once approval has been given, it may be challenged as illegal or inappropriate within 30 days before the federal supreme court by any bond creditor who did not vote for the resolution, in which case the legal procedure envisaged for matters concerning debt collection and bankruptcy is applicable.2 similarly, a decision to refuse approval may be challenged by bond creditors who voted in favour of the resolution or by the borrower.d. revocation art. 1179 1 if it subsequently transpires that the resolution of the creditors' meeting was brought about by dishonest means, at the request of a bond creditor the higher cantonal composition authority may revoke approval in part or in full.2 an application for revocation must be filed within six months of the date on which the bond creditors learned of the grounds for challenge.3 revocation may be challenged as unlawful or unreasonable within 30 days before the federal supreme court by the borrower and by any bond creditor, in which case the legal procedure envisaged for matters concerning debt collection and bankruptcy is applicable. similarly, a refusal to revoke approval may be challenged by any bond creditor who requested such revocation.ii. other resolutions 1. authority of the bond representative art. 1180 1 the consent of persons representing more than one-half of the bond capital in circulation is required to revoke or modify the authority conferred on a bond representative.2 the same majority is required for a resolution to grant a bond representative authority to safeguard the rights of all the bond creditors in insolvency proceedings.2. on other matters art. 1181 1 resolutions which neither encroach on the creditors' rights nor impose further material contributions on the creditors require merely an absolute majority of the votes represented, unless the law stipulates otherwise or the bond issue conditions impose stricter requirements.2 the majority is determined in all cases according to the nominal value of the bond capital conferring voting rights that is represented at the creditors' meeting.3. challenge art. 1182 any resolution within the meaning of articles 1180 and 1181 which contravenes the law or contractual provisions may be challenged in court by a member of the community of bond creditors who did not vote for it within 30 days of the date on which he learned of it.e. special cases i. insolvency of the borrower art. 1183 1 where a borrower becomes insolvent, the insolvency administrators must convene a meeting of the bond creditors without delay, at which an existing representative or a representative appointed by the meeting is granted authority to safeguard the rights of all the bond creditors in insolvency proceedings.2 where no resolution is made to grant such authority, each bond creditor represents his rights independently.ii. composition agreement art. 1184 1 in composition proceedings, subject to the provisions governing bonds secured by a charge, no special resolution is made by the bond creditors on their position towards the composition agreement, and their consent is governed exclusively by the provisions of the debt collection and bankruptcy act of 11 april 1889671.2 the provisions governing the community of creditors apply to creditors holding bonds secured by a charge, to the extent that any restriction of their creditors' rights is to be imposed above and beyond the effects of the composition proceedings.671 sr 281.1iii. bonds issued by railway or inland waterways transport companies art. 1185 1 the provisions of this chapter are applicable to bond creditors of railway or inland waterways transport companies, subject to the following special provisions.2 a request for convocation of a creditors' meeting must be made to the federal supreme court.3 the federal supreme court is responsible for convening the creditors' meeting and the recording, approval and implementation of its resolutions.4 on receipt of a request for convocation of a creditors' meeting, the federal supreme court may order a stay of enforcement with the effects envisaged in article 1166.f. mandatory law art. 1186 1 the rights conferred by law on the community of creditors and the bond representative may be neither excluded nor restricted by the bond issue conditions or other special agreements between the creditors and the borrower.2 this does not apply to provisions made in the bond issue conditions whereby more restrictive requirements are placed on the adoption of resolutions by the creditors' meeting.transitional provisions to the federal act of 30 march 1911 i. the final title of the civil code672 is amended as follows:.673ii. this act enters into force on 1 january 1912.the federal council is charged with making arrangements to publicise this code on the basis of the provisions of the federal act of 17 june 1874674 on referendums on federal acts and federal council decrees.672 sr 210. the amendment below is inserted in the said enactment.673 the amendments may be consulted under as 27 317.674 [bs 1 173; as 1962 789 art. 11 para. 3, 1978 712 art. 89 no b]final provisions to the amendment of 23 march 1962675 675 inserted by no ii of the fa of 23. march 1962, in force since 1 jan. 1963 (as 1962 1047 1056; bbl 1960 i 523).a. preferential payments on bankruptcy art. 1 .676676 the amendments may be consulted under as 1962 1047.b. unfair competition art. 2 .677677 the amendments may be consulted under as 1962 1047.c. transitional law art. 3 1 articles 226f, 226g, 226h, 226i and 226k678 also apply to hire purchase agreements entered into prior to the commencement of this act.2 only article 226k applies to advance payment agreements entered into prior to the commencement of this act. these agreements must however be adapted to the provisions of the article 227b within one year, failing which they lapse and the purchaser must be paid his entire credit balance with all the interest and benefits credited to him.678 these art. have now been repealed.d. entry into force art. 4 the federal council determines the date on which this act enters into force.transitional provisions to the amendment of 16 december 2005679 679 inserted by no iii of the fa of 16. dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).a. general rule art. 1 1 the final title of the civil code applies to this code unless the following provisions provide otherwise.2 the provisions of the new code apply to existing companies from its commencement.b. deadline for amendments art. 2 1 limited liability companies entered in the commercial register on the commencement of this code but which do not fulfil the new requirements must amend their articles of association and regulations to the new provisions within two years.2 provisions of the articles of association and regulations that are inconsistent with the new law remain in force until their amendment but for two years at the most.3 for limited liability companies that are entered in the commercial register when this code comes into force, articles 808a and 809 paragraph 4 second sentence only apply after expiry of the period allowed to amend the articles of association.4 companies limited by shares and cooperatives that are entered in the commercial register when this code comes into force whose name does not comply with the new statutory requirements must adapt their name to the new provisions within two years. on expiry of this period, the commercial registry amends the name ex officio.c. payment of contributions art. 3 1 where in limited liability companies that are entered in the commercial register when this act comes into force, allocations have not been made corresponding to the issue price of all capital contributions, these allocations must be made within two years.2 until the full payment of the allocation to the level of the capital contributions, the company members are liable in accordance with article 802 of the code of obligations in its version of 18 december 1936680.680 as 53 185d. participation certificates and dividend rights certificates art. 4 1 shares in limited liability companies that indicate a nominal value and which are recorded under liabilities on the balance sheet, but will confer no voting rights (participation certificates), are deemed after two years to be capital contributions with the same property rights if they are not cancelled during this period by means of a reduction in capital. if the shares are cancelled, the former participants must be paid compensation corresponding to the true value of the certificates.2 the required resolutions of the members' general meeting may be passed with an absolute majority of the votes represented, even if the articles of association provide otherwise.3 shares in limited liability companies that are not recorded under liabilities on the balance sheet are governed by the provisions on dividend rights certificates once this act comes into force, even if they are designated participation certificates. they may not indicate a nominal value and must be designated dividend rights certificates. the designation of the shares and the articles of association must be amended within two years.e. own capital contributions art. 5 where limited liability companies acquired their own capital contributions before this act comes into force, they must, provided they exceed 10 per cent of the nominal capital, sell the same or cancel the same by means of a reduction in capital, within two years.f. duty to pay in further capital art. 6 1 obligations under the articles of association to pay additional capital contributions that were established before this act comes into force and that exceed twice the nominal value of the capital contributions, remain legally valid and may only be reduced by following the procedure under article 795c.2 otherwise, the new provisions apply after this act comes into force, in particular in relation to the call for additional capital contributions.g. auditor art. 7 the provisions of this act on the auditor apply from the first financial year that begins when this act comes into force or thereafter.h. voting rights art. 8 1 limited liability companies that have conferred voting rights before this act comes into force that are not dependent on the nominal value of the capital contributions are not required to amend the corresponding provisions to the requirements von article 806.2 on the issue of new capital contributions, article 806 paragraph 2 second sentence must be observed in every case.j. amendment of majority requirements in the articles of association art. 9 if a limited liability company, simply by reproducing the provisions of the old law, has adopted provisions in the articles of association that require qualified majorities to pass resolutions at the members' general meeting, the members' general meeting may within two years by an absolute majority of the votes represented resolve to amend these provisions in accordance with the new law.k. cancellation of shares and capital contributions in the event of restructuring art. 10 if, before this act comes into force, the share capital or the nominal capital is reduced to zero for the purposes of restructuring and thereafter increased again, the membership rights of the former shareholders or company members cease to exist when this act comes into force.l. exclusivity of registered business names art. 11 the exclusivity of business names that were entered in the commercial register before this act comes into force is assessed in accordance with article 951 of the code of obligations in its version of 18 december 1936681.681 as 53 185transitional provision to the amendment of 17 june 2011682 682 as 2011 5863; bbl 2008 1589the provision in this amendment applies from the first financial year beginning on or after the date on which this amendment comes into force.transitional provision to the amendment of 23 december 2011683 683 as 2012 6679; bbl 2008 1589a. general rule art. 1 1 the provisions of the final title of the civil code684 apply to this code unless the following provisions provide otherwise.2 the provisions of the amendment of 23 december 2011 apply to existing undertakings from the date on which it comes into force.684 sr 210b. commercial accounting and financial reporting art. 2 1 the regulations in title thirty two first apply in the financial year that begins two years after this amendment comes into force.2 the basis for the application of the provisions on financial reporting by larger undertakings is formed by the balance sheet total, sales revenue and number of full-time positions on annual average in the two years before this amendment comes into force 3 the provisions on consolidated accounts first apply in the financial year beginning three years after this amendment comes into force. the two previous financial years form the basis for the exemption from the duty to prepare consolidated accounts.4 when applying the regulations on financial reporting for the first time, it is not required to specify the figures from previous years. when applying the regulations for the second time, only the figures from the previous year need be specified. if figures from previous financial years are specified, consistency of presentation and structure are not required. reference must be made to this in the notes to the accounts.transitional provisions to the amendment of 12 december 2014685 685 as 2015 1389; bbl 2014 605a. general rule art. 1 1 articles 1-4 of the final title of the civil code686 apply to this code unless the following provisions provide otherwise.2 the provisions of the amendment of 12 december 2014 apply to existing companies on coming into force.686 sr 210b. adapting articles of association and regulations art. 2 1 companies entered in the commercial register when the amendment of 12 december 2014 comes into force that do not comply with the new regulations must adapt their articles of association and regulations to the new provisions within two years.2 provisions of articles of association and regulations that are incompatible with the new law remain in force until they are adapted or for a maximum of two years.c. obligations to give notice art. 3 1 persons holding bearer shares when the amendment of 12 december 2014 comes into force must comply with the obligations to give notice under articles 697i and 697j that apply on acquiring shares 2 the deadline for the lapse of property rights (art. 697m para. 3) in this case is six months after the amendment of 12 december 2014 comes into force.transitional provisions to the amendment of 25 september 2015687 687 as 2016 1507; bbl 2014 9305a. general rule art. 1 1 articles 1-4 of the final title of the civil code688 apply to this code unless the following provisions provide otherwise.2 the provisions of the amendment of 25. september 2015 apply to existing legal entities on coming into force.688 sr 210b. amendment of registered business names art. 2 general and limited partnerships and partnerships limited by shares that are entered in the commercial register when the amendment of 25 september 2015 comes into force and whose business name does not comply with the requirements of the amendment of 25 september 2015 may continue to use their business name without change, provided articles 947 and 948 of the previous law does not require a change.c. exclusivity of the registered business name art. 3 if the business name of a general or limited partnership or partnership limited by shares was entered in the commercial register before the amendment of 25 september 2015 comes into force, its exclusivity is assessed in accordance with article 946 of the current law and article 951 of the previous law.transitional provisions to the amendment of 17 march 2017689 689 as 2020 957; bbl 2015 3617a. general rules art. 1 1 articles 1-4 of the final title of the civil code690 apply to the amendment of 17 march 2017, unless the following provisions provide otherwise.2 the new law shall apply to existing legal entities on its coming into force.690 sr 210b. registration obligation for public institutions art. 2 public institutions established before the new law comes into force and which primarily carry on a private gainful economic activity must be recorded in the commercial register within two years.transitional provisions to the amendment of 21 june 2019691 691 as 2019 3161; bbl 2019 279a. general provisions art. 1 1 articles 1-4 of the final title of the civil code692 apply to this code unless the following provisions provide otherwise.2 the provisions of the amendment of 21 june 2019 apply on its commencement to existing companies.692 sr 210b. reporting exceptions to the commercial register office art. 2 companies limited by shares and partnerships limited by shares with bearer shares that have equity securities listed on a stock exchange or whose bearer shares are organised as intermediated securities must request registration in accordance with article 622 paragraph 2bis by the commercial register office within 18 months of article 622 paragraph 1bis coming into force.c. companies without listed equity securities with bearer shares not organised as intermediated securities 1. scope of application art. 3 articles 4-8 apply to companies that have no equity securities listed on a stock exchange and whose bearer shares are not organised as intermediated securities, and to companies that have not requested registration in accordance with article 622 paragraph 2bis.2. conversion of bearer shares into registered shares art. 4 1 if, 18 months after article 622 paragraph 1bis comes into force, a company limited by shares or partnership limited by shares still has bearer shares that are not registered in accordance with article 622 paragraph 2bis, these shares shall by law be converted into registered shares. the conversion takes effect in relation to any person, irrespective of any provisions of the articles of association or commercial register entries that provide otherwise, and irrespective of whether share certificates have been issued or not.2 the commercial register office shall record the amendments resulting from paragraph 1 ex officio. it shall also enter a note to the effect that the documents contain information that is inconsistent with the entry.3 the converted shares retain their nominal value, are paid up to the same extent and carry the same voting and property rights. their transferability is not restricted.3. amendment to the articles of association and entry in the commercial register art. 5 1 companies limited by shares and partnerships limited by shares, whose shares have been converted must amend their articles of association when the next opportunity arises to do so.2 the commercial register office shall reject any application to register any other amendment to the articles of association in the commercial register for as long as this amendment has not been made.3 a company that has listed equity securities or that has organised its converted shares as intermediated securities need not amend its articles of association provided:a. the general meeting decides to convert the converted shares into bearer shares without changing their number, the nominal value or the share class; andb. the company requests registration in accordance with article 622 paragraph 2bis.4 if the company has amended the articles of association in accordance with paragraph 1 to take account of the conversion or if an amendment is not required in accordance with paragraph 3, the commercial register office shall delete the note in accordance with article 4 paragraph 2.4. updating of the share register and suspension of rights art. 6 1 following the conversion of bearer shares into registered shares, the company shall enter details of the shareholders that have fulfilled the obligation to give notice in article 697i of the previous law in the share register.2 the membership rights of shareholders who have not complied with the obligation to give notice are suspended and their property rights lapse. the board of directors shall ensure that no shareholders exercise their rights while in breach of this provision.3 an entry shall be made in the share register to the effect that these shareholders have failed to comply with their obligation to give notice and that the rights conferred by the shares may not be exercised. 5. retrospective notice art. 7 1 shareholders who have failed to comply with their obligation to give notice in accordance with article 697i of the previous law and whose bearer shares have been converted into registered shares in accordance with article 4 may with the prior consent of the company apply to the court within five years of article 622 paragraph 1bis coming into force to be entered in the share register. the court shall grant the application if the shareholder proves his or her shareholder status.2 the court decides under the summary procedure. the shareholder bears the court costs.3 if the court grants the application, the company makes the entry. the shareholders may claim the property rights that arise from this date.6. permanent loss of shareholder status art. 8 1 shares belonging to shareholders who have not requested the court to approve their entry in the company's share register in accordance with article 7 within five years of article 622 paragraph 1bis coming into force become null and void by law. the shareholders lose the rights conferred by the shares. the shares that are null and void are replaced by the company's own shares.2 shareholders whose shares have become null and void through no fault of their own and who can prove that they were shareholders on the date that the shares became null and void, may within ten years of this date claim compensation from the company. the compensation corresponds to the true value of the shares at the time of their conversion in accordance with article 4. if the true value of the shares on pursuing the claim is lower than that at the time of their conversion, the company need only pay the lower value. compensation is excluded if the company does not have the required freely disposable shareholders' equity.transitional provision to the amendment of 19 june 2020693 693 as 2020 4005; 2021 846 no iii 1; bbl 2017 399a.-c. . art. 1-3694 694 come into force at a later date (as 2020 4005; bbl 2017 399).d. gender representation art. 4 1 the obligation to report in the remuneration report in accordance with article 734f applies to the board of directors at the latest from the financial year that begins five years after the new law comes into force.2 the obligation to report in the remuneration report in accordance with article 734f applies to the executive board at the latest from the financial year that begins ten years after the new law comes into force.e. und f. . art. 5 und 6695 695 come into force at a later date (as 2020 4005; bbl 2017 399).g. transparency in raw material companies art. 7 articles 964d-964h apply for the first time to the financial year that begins one year after the new law comes into force.transitional provision to the amendment of 19 june 2020696 696 as 2021 846 no i; bbl 2017 399the provisions of section 6 and section 7 of title 32 apply for the first time to the financial year that begins one year after the amendment of 19 june 2020 comes into force.final provisions on title eight and title eightbis 697 697 inserted by no ii of the fa of 15 dec. 1989, in force since 1 july 1990 (as 1990 802; bbl 1985 i 1389).art. 1 the federal decree of 30 june 1972698 on measures against abuses in tenancy law is repealed.698 [as 1972 1502, 1977 1269, 1982 1234, 1987 1189]art. 2-4 .699699 the amendments may be consulted under as 1990 802.art. 5 1 the provisions governing protection against termination in the renting and leasing of residential and commercial accommodation apply to all residential and commercial leases that are terminated following the commencement of this act.2 however, if notice is given of the termination of a residential or commercial lease prior to the commencement of this act, but with effect from a date thereafter, the time limits for challenging the termination and the request for an extension (art. 273) begin when this act comes into force.art. 6 1 this act is subject to an optional referendum.2 the federal council determines the commencement date.final and transitional provisions on title x700 700 inserted by no ii of the fa of 25. june 1971, in force since 1 jan. 1972 (as 1971 1465; bbl 1967 ii 241).amendment of the co art. 1 .701701 the amendments may be consulted under as 1971 1465.amendment of the cc art. 2 .702702 the amendments may be consulted under as 1971 1465.amendment of the insurance contracts act art. 3 .703703 the amendments may be consulted under as 1971 1465.amendment of the agriculture act art. 4 .704704 the amendments may be consulted under as 1971 1465.amendment of the employment act art. 5 .705705 the amendments may be consulted under as 1971 1465.repeal of federal law provisions art. 6 the following provisions are repealed on the commencement of this act:1. article 159 and 463 of the code of obligations,2. article 130 of the federal act of 13 june 1911706 on health and accident insurance,3. article 20 to 26, 28, 29 and 69 paragraphs 2 and 5 of the federal act of 18 june 1914707 on factory employment,4. article 4, 8 paragraphs 1, 2 and 5, 9 and 19 of the federal act of 12 december 1940708 on homeworking,5. the federal act of 13 june 1941709 on employment terms for commercial travellers,6. the federal act of 1 april 1949710 on restrictions on the termination of employment contracts while on military service,7. articles 96 and 97 of the agriculture act of 3 october 1951711,8. article 32 of the federal act of 25 september 1952712 on the system of compensation for loss of earnings for persons on military service or civil protection duty,9. article 19 of the federal act of 28. september 1956713 on the declaration of the general application of collective employment agreements,10. article 49 of the civil defence act714,11. art. 20 paragraph 2 and 59 of the federal act of 20 september 1963715 on vocational education and training,12. art. 64716 and 72 paragraph 2 letter a of the employment act of 13 march 1964717.706 [bs 8 281; as 1959 858, 1964 965 no i-iii, 1968 64, 1977 2249 no i 611, 1978 1836 annex no 4, 1982 196 1676 annex no 1 2184 art. 114, 1990 1091, 1991 362 no ii 412, 1992 288 annex no 37 2350, 1995 511. as 1995 1328 annex no 1]707 sr 821.41708 [bs 8 229; as 1951 1231 art. 14 para. 2, 1966 57 art. 68. as 1983 108 art. 21 no 3]709 [bs 2 776; as 1966 57 art. 69]710 [as 1949 ii 1293]711 [as 1953 1073, 1954 1364 art. 1, 1958 659, 1959 588, 1960 1279, 1962 203 1144 art. 14 1412, 1967 722, 1968 92, 1974 763, 1975 1088, 1977 2249 no i 921 942 931, 1979 2058, 1982 1676 annex no 6, 1988 640, 1989 504 art. 33 no c, 1991 362 no ii 51 857 annex no 25 2611, 1992 1860 art. 75 no 5 1986 art. 36 para. 1, 1993 1410 art. 92 no 4 1571 2080 annex no 11, 1994 28, 1995 1469 art. 59 no 3 1837 3517 no i 2, 1996 2588 annex no 2 2783, 1997 1187 1190, 1998 1822. as 1998 3033 annex no c]712 sr 834.1. now: federal act on compensation for loss of earnings for persons on military service or maternity leave (loss of earnings compensation act, leca).713 sr 221.215.311714 [as 1962 1089, 1964 487 art. 22 para. 2 no b, 1968 1025 art. 35, 1969 310 no iii, 1971 751, 1978 50 570, 1985 1649, 1990 1882 annex no 7, 1992 288 annex no 22, 1993 2043 annex no 3, 1994 2626 art. 71]715 [as 1965 321 428, 1968 86, 1972 1681, 1975 1078 no iii, 1977 2249 no i 331. as 1979 1687 art. 75]716 this art. has now been repealed.717 sr 822.11amendment of legal relations governed by the old law art. 7 contracts of employment in existence when this act comes into force (individual contracts of employment, standard employment contracts and collective employment contracts) must be amended in accordance with the provisions hereof within one year; on expiry of this time limit, the provisions hereof apply to all contracts of employment.2 occupational benefits schemes in existence when this act comes into force718 must amend their articles of association or regulations by 1 january 1977 at the latest taking account of the formal requirements of articles 331 a, 331 b and 331c applicable to the amendment; from 1 january 1977, these provisions apply to all occupational benefits schemes.719718 1 jan. 1972719 amended by no i of the fa of 25. june 1976, in force since 1 jan. 1977 (as 1976 1972 1974; bbl 1976 i 1269).commencement of the act art. 8 the federal council shall determine the commencement date of this act.final provisions on the fourth section of title xiii720 720 inserted by no ii of the fa of 4 feb. 1949, in force since 1 jan. 1950 (as 1949 i 802; bbl 1947 iii 661).a. transitional law art. 1 1 articles 418d paragraph 1, 418f paragraph 1, 418k paragraph 2, 418o, 418p, 418r and 418s apply immediately to agency contracts already in existence when the new law comes into force.2 in other respects, agency contracts already in existence when the new law comes into force must be amended in accordance with the new provisions within two years. after this time limit expires, the new law also applies to agency contracts entered into previously.3 in the absence of an agreement to the contrary, on expiry of two years, the provisions this section also apply to contracts already in existence when the new law comes into force relating to agents who act as such as a subsidiary occupation b. preferential payments on bankruptcy art. 2 .721721 the amendments may be consulted under as 1949 i 802.c. entry into force art. 3 the federal council determines the commencement date of this act.transitional provisions on title xx722 722 inserted by no ii of the fa of 10 dec. 1941, in force since 1 july 1942 (as 58 279 644; bbl 1939 ii 841).1 the provisions of the new law apply to all contracts of surety entered into after this act comes into force.2 contracts of surety entered into after this act comes into force are subject to the provisions of the new law only with regard to matters that arise subsequently and with following restrictions:1. the new articles 492 paragraph 3, 496 paragraph 2, 497 paragraphs 3 and 4, 499, 500, 501 paragraph 4, 507 paragraphs 4 and 6, 511 paragraph 1 do not apply.2. the provisions of the new articles 493 on form and 494 on the requirement of the spouse's consent apply to contracts of surety under the old law only insofar as they relate to subsequent amendments of the contracts of surety.3. article 496 paragraph 1 applies with the requirement that recourse may be had to the surety not only before the principal debtor and before realisation of the property given in pledge, but also before the realisation of other charges, provided the principal debtor is in arrears and has failed to respond to reminders or his inability to pay is obvious.4. the creditor is granted a period of six months from falling in arrears or at least three months from the commencement of this act to give notice of the arrears in accordance with article 505 paragraph 1.5. article 505 paragraph 2 applies only to bankruptcy proceedings commenced at least three months after this act comes into force, and to debt restructuring moratoriums approved at least three months after this act comes into force.6. the time limit mentioned in article 509 paragraph 3 begins to run for contracts of surety under the old law when this act comes into force.3 articles 77-80 of the customs act of 18 march 2005723 are reserved.7244 the federal council determines the commencement date of this act.723 sr 631.0724 amended by annex no 2 of the customs act of 18 march 2005, in force since 1 may 2007 (as 2007 1411; bbl 2004 567).final and transitional provisions on titles xxivxxxiii725 725 inserted by the federal act of 18 dec. 1936, in force since 1 july 1937 (as 53 185; bbl 1928 i 205, 1932 i 217).a. scope of application of the final title art. 1 the provisions of the final title of the civil code726 also apply to this act.726 sr 210b. adaptation of existing companies to the new law i. in general art. 2 1 companies limited by shares, partnerships limited by shares and cooperatives that are entered in the commercial register when this act comes into force, but which do not meet the statutory requirements, must amend their articles of association in accordance with the new provisions within five years.2 during this period, they are subject to the previous law where their articles of association are contrary to the new provisions.3 if the companies fail to comply with this provision, on expiry of the deadline, they must be declared dissolved ex officio by the commercial registrar.4 the federal council may extend the application of the old law in the case of insurance and credit cooperatives on a case-by-case basis. any application in relation thereto must be filed within three years of this act coming into force.ii. welfare schemes art. 3 where companies limited by shares, partnerships limited by shares and cooperatives have prior to the entry into force of this act clearly provided funds to establish and support welfare schemes for employees and for members, they must adapt these schemes within five years to the provisions of articles 673727 and 862728.727 this art. has now been reworded.728 this art. has now been reworded.art. 4729 729 repealed by annex no 2 of the mergers act of 3 oct. 2003, with effect from 1 july 2004 (as 2004 2617; bbl 2000 4337).c. balance sheet provisions i. exception for extraordinary circumstances art. 5 1 the federal council is entitled where extraordinary economic circumstances so require to enact provisions that permit deviations from the requirements relating to balance sheets laid down in this act. any resolution of the federal council to this effect must be published.2 if a federal council decree of this nature applies to the preparation of a balance sheet, this must be stated on the balance sheet.ii. . art. 6730 730 art. no longer relevant.d. conditions for liability of members art. 7 1 the rights of creditors existing when this act comes into force are not adversely affected by changes to the provisions of this law relating to the conditions for liability of members.2 cooperatives, whose members are personally liable for the obligations of the cooperative only by virtue of article 689 of the previous code of obligations731, remain subject to the provisions of the previous law for five years.3 during this period, resolutions on the full or partial exclusion of personal liability or an express finding of liability may be passed in the general meeting by an absolute majority of the votes cast. article 889 paragraph 2 on departure does not apply.731 as 27 317e. business names art. 8 1 business names in existence when this act comes into force that do not comply with its provisions may continue to be used unchanged for a further two years.2 if any change is made before the expiry of this deadline, the change must comply with the current law.f. securities i. registered securities art. 9 savings bank and deposit account books, and savings and deposit certificates issued before this act comes into force as registered securities are subject to the provisions of article 977 on the cancellation of debt instruments even if the borrower has not expressly reserved the right in the instrument not to make payment without sight of the debt instrument or and without cancellation.ii. shares 1. nominal value art. 10 shares that were issued before this act comes into force may1. continue to have a nominal value of less than 100 francs;2. be reduced in nominal value to less than 100 francs in the event of a reduction in the basic capital within three years of this act coming into force.2. bearer shares not fully paid up art. 11 1 bearer shares and interim certificates issued before this act comes into force are not subject to articles 683 and 688 paragraphs 1 and 3.2 the legal relationship between the subscriber to and acquirer of these shares is governed by the previous law.iii. bills of exchange and cheques art. 12 bills of exchange and cheques issued before this act comes into force are governed by the previous law in all transactions.g. community of creditors art. 13 the ordinance of 20 february 1918732 relating to the community of bond creditors and the provisions of the supplementary federal council decrees733 continue to apply to the cases to which they applied previously.732 [as 34 231, 35 297, 36 623 893]733 [as 51 673, 53 454, 57 1514, 58 934, 62 1088, 63 1342]h. . art. 14734 734 repealed by no i no c of the annex to the ipla of 18 dec. 1987, with effect from 1 jan. 1989 (as 1988 1776; bbl 1983 i 263).j. amendment of the debt collection and bankruptcy act art. 15 .735735 the amendments may be consulted under as 53 185.k. relationship to the banking act i. general reservation art. 16 the provisions of the banking act of 8 november 1934736 are reserved.736 sr 952.0ii. amendment of individual provisions art. 17 .737737 the amendments may be consulted under as 53 185.l. repeal of federal private law art. 18 on the entry into force of this act, the federal private law provisions that are inconsistent herewith, and in particular, the third division of the code of obligations entitled "commercial enterprises, securities and business names" (federal act of 14 june 1881738 on the code of obligations, art. 552-715 and 720-880) are repealed.738 [as 5 635, 11 490; bs 2 784 art. 103 para. 1. bs 2 3 final title art. 60 para. 2]m. commencement of this act art. 19 1 this act comes into force on 1 july 1937.2 excepted from the foregoing is the section on the community of bond creditors (art. 1157-1182), the commencement date for which will be determined by the federal council.7393 the federal council is responsible for the implementation of this act.739 this section was brought into force in the version contained in the federal act of 1 april 1949. for the original version of the text, see as 53 185.final provisions to the xxvi title740 740 inserted by no iii of the fa of 4 oct. 1991, in force since 1 july 1992 (as 1992 733; bbl 1983 ii 745).a. final title of the civil code art. 1 the final title of the civil code741 applies to this act.741 sr 210b. amendment in accordance with the new law i. in general art. 2 1 companies limited by shares and partnerships limited by shares that are entered in the commercial register when this act comes into force, but which do not comply with the new statutory provisions, must amend their articles of association to the new provisions within five years.2 companies which, despite being publicly required to do so through repeated notice in the swiss official gazette of commerce and in the cantonal official gazettes, do not within five years amend the provisions of their articles of association governing minimum capital, the minimum contribution and the participation and dividend rights certificates, will be dissolved by the court at the request of the commercial registrar. they may allow an additional period of a maximum of six months. companies that were established before 1 january 1985 are exempted from the amendment of the provision of their articles of association on minimum capital. companies whose participation capital on 1 january 1985 was more than twice the share capital are exempted from having to amend the statutory limit.3 other provisions of the articles of association that are incompatible with the new law remain in force until they are amended, but for five years at the most.ii. individual provisions 1. participation and dividend rights certificates art. 3 1 articles 656a, 656b paragraphs 2 and 3, 656c and 656d as well as 656g apply to companies existing when this act comes into force, including in cases where the articles of association or conditions of issue are contrary to the said articles. they apply to securities that are designated participation certificates or dividend rights certificates, have a nominal value and are recorded as liabilities on the balance sheet.2 the companies must include the conditions of issue for the securities mentioned in paragraph 1, adapted to article 656f in the articles of association within five years, arrange for the required entries to be made in the commercial register and provide securities that are in circulation and not designated as participation certificates with that designation.3 for securities other than those mentioned in paragraph 1 the new provisions governing the dividend rights certificates apply even if they are designated as participation certificates. within five years, they must be designated in accordance with the new law and may no longer bear a nominal value. the articles of association must be amended accordingly. the right to convert them into participation certificates is reserved.2. refusal to accept registered shareholders art. 4 further to article 685d paragraph 1, the company may, on the basis of a provision of the articles of association, refuse to accept persons as acquirers of registered shares listed on the stock market, provided and for as long as their acceptance could prevent the company from providing evidence of the composition of the shareholder groups as required by federal legislation.3. shares with preferential voting rights art. 5 companies that retain shares with preferential voting rights with a nominal value of under ten francs, in application of article 10 of the final and transitional provisions of the federal act of 18 december 1936742 on the revision of titles 24-33 of the code of obligations, as well as companies, where the nominal value the larger shares is more than ten times the nominal value of the smaller shares are not required to amend their articles of association in accordance with article 693 paragraph 2 second sentence. however, they are not permitted to issue any new shares whose nominal value is more than ten times that of the smaller shares or less than ten per cent of the nominal value of the larger shares.742 see above.4. qualified majorities art. 6 where a company has adopted provisions in its articles of association governing qualified majorities for certain resolutions by simply reproducing provisions of the previous law, it may within one year of this act coming into force resolve to amend such provisions in accordance by an absolute majority of the voting rights represented.c. amendment of federal legislation art. 7 .743743 the amendments may be consulted under as 1992 733.d. referendum art. 8 this act is subject to an optional referendum.e. commencement art. 9 the federal council determines the commencement date.final provisions on the second section of title xxxiv744 744 inserted by no ii of the fa of 1. april 1949, in force since 1 jan. 1950 (as 1949 i 791; bbl 1947 iii 869).1. .7452. .7463. the resolutions of the community of creditors passed under the previous law remain valid under the new law.for resolutions passed after this act comes into force, the provisions of the new law apply.however, if a borrower has already been granted facilitations under the previous law by resolutions of the community of creditors that are equivalent or correspond to those provided for in article 1170, appropriate account must be taken thereof in the application of this provision.in all other respects, the final and transitional provisions of the federal act of 18 december 1936 on the revision of titles xxiv-xxxiii of the code of obligations apply.4. on commencement of this act, contradictory provisions, and in particular the ordinance of the federal council of 20 february 1918747 on the community of bond creditors, are repealed.5. the federal council determines the commencement date of this act.table of contents745 the amendments may be consulted under as 1949 i 791.746 the amendments may be consulted under as 1949 i 791.747 [as 34 231, 35 297, 36 623 893]

291english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton private international law(pila)of 18 december 1987 (status as of 1 january 2022)the federal assembly of the swiss confederation,based on the responsibility of the confederation for foreign relations1 and on article 64 of the federal constitution2, and having considered the federal council dispatch of 10 november 19823,4decrees:1 this wording corresponds to art. 54 para. 1 of the federal constitution of 18 april 1999 (sr 101).2 [bs 1 3]. this provision corresponds to art. 122 of the federal constitution of 18 april 1999 (sr 101).3 bbl 1983 i 2634 amended by annex no 1 of the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2004 (as 2003 1370; bbl 1999 6128).chapter 1 general provisions section 1 scope of application art. 1 1 this act governs, in international matters:a. the jurisdiction of swiss judicial or administrative authorities;b. the applicable law;c. the requirements for the recognition and enforcement of foreign decisions;d. bankruptcy and composition;e. arbitration.2 international treaties are reserved.section 2 jurisdiction i. in general art. 2 where this act does not provide for special jurisdiction, the swiss judicial or administrative authorities at the defendant's domicile have jurisdiction.ii. jurisdiction by necessity art. 3 where this act does not provide for jurisdiction in switzerland and proceedings abroad are impossible or cannot reasonably be required, the swiss judicial or administrative authorities at the place with which the case has a sufficient connection have jurisdiction.iii. validation of attachments art. 4 where this act does not provide for any other forum in switzerland, the action to validate an attachment may be brought at the swiss forum of the attachment.iv. choice of forum art. 5 1 in matters involving an economic interest, the parties may agree on the court that will have to decide any existing or future dispute arising from a specific legal relationship. the agreement may be done in writing, by telegram, telex, telefax or any other means of communication allowing it to be evidenced by text. unless otherwise agreed, the choice of forum is exclusive.2 the choice of forum has no effect if it results in abusively depriving a party from the protection granted to it by a forum provided by swiss law.3 the chosen court may not decline jurisdiction:a. if a party is domiciled or has its habitual residence or an establishment in the canton of the chosen court; orb. if, pursuant to this act, swiss law is applicable to the dispute.v. implied consent art. 6 in matters involving an economic interest, the court before which the defendant proceeds on the merits without reservation has jurisdiction, unless such court declines jurisdiction to the extent permitted by article 5 paragraph 3.vi. arbitration agreement art. 7 if the parties have entered into an arbitration agreement with respect to an arbitrable dispute, any swiss court before which such dispute is brought shall decline jurisdiction, unless:a. the defendant has proceeded on the merits without reservation;b. the court finds that the arbitration agreement is null and void, inoperative or incapable of being performed; orc. the arbitral tribunal cannot be appointed for reasons that are clearly attributable to the defendant in the arbitration.vii. counterclaim art. 8 the court before which the main claim is brought also hears any counterclaim, provided there is a factual connection between the main claim and the counterclaim.viii. co-defendants and plurality of actions art. 8a5 1 if an action is brought against several co-defendants who may be sued in switzerland pursuant to this act, the swiss court that has jurisdiction over one defendant has jurisdiction over all of them.2 if two or more claims having a factual connection between them can be brought in switzerland pursuant to this act against the same defendant, any swiss court having jurisdiction over one of such claims has jurisdiction over all of them.5 inserted by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).ix. third party action art. 8b6 a swiss court having jurisdiction for the main action also has jurisdiction for a third party action, provided a court in switzerland has jurisdiction over such third party pursuant to this act.6 inserted by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).x. civil claims art. 8c7 where it is admissible to pursue civil claims in criminal proceedings, the swiss court which is seized of the criminal proceedings also has jurisdiction for the civil claims, provided a court in switzerland has jurisdiction for such claims under this act.7 inserted by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).xi. lis pendens8 8 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).art. 9 1 if an action having the same subject matter is already pending between the same parties abroad, the swiss court shall stay the case if it is to be expected that the foreign court will, within a reasonable time, render a decision capable of being recognised in switzerland.2 in order to determine when an action has been initiated in switzerland, the conclusive date is that of the first act necessary to initiate the proceedings. a notice to appear for conciliation is sufficient.3 the swiss court shall terminate its proceedings as soon as it is presented with a foreign decision capable of being recognised in switzerland.xii. interim measures9 9 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).art. 1010 jurisdiction to order interim measures lies with:a. the swiss courts or authorities that have jurisdiction for the main action; orb. the swiss courts or authorities at the place where the measure is to be enforced.10 amended by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).xiii. legal assistance 1. facilitation of requests11 11 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).art. 1112 requests for legal assistance between switzerland and other states are facilitated by the federal office of justice. 12 amended by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).2. applicable law art. 11a13 1 acts of legal assistance are carried out in switzerland in accordance with swiss law.2 foreign forms of procedure may also be followed or taken into consideration on application of the requesting authorities where this is necessary for the recognition of a right abroad and provided there are no important countervailing reasons relating to the person involved.3 if a form of procedure under swiss law is not recognised abroad and as a result a right deemed worthy of protection would not be upheld there, the swiss courts or authorities may issue documents or take a person's oath pursuant to the form required by the foreign law.4 the hague convention of 1 march 195414 on civil procedure applies to requests to and from switzerland for service and the taking of evidence.13 inserted by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).14 sr 0.274.123. advance of costs and security for party costs art. 11b15 advance of costs and security for party costs are governed by the civil procedure code of 19 december 200816 (cpc).15 inserted by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).16 sr 2724. legal aid art. 11c17 legal aid is granted to persons domiciled abroad under the same conditions as apply to persons domiciled in switzerland.17 inserted by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).art. 1218 18 repealed by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).section 3 applicable law i. scope of conflict rules art. 13 reference to a foreign law in this act includes all the provisions which under that law are applicable to the case. the application of a foreign law is not precluded by the mere fact that a provision is considered to have public law character.ii. renvoi art. 14 1 if the applicable law refers back to swiss law or to another foreign law, such renvoi shall be taken into account only if this act so provides.2 in matters of personal or family status, a renvoi from the foreign law to swiss law is accepted.iii. exception clause art. 15 1 as an exception, the law referred to by this act is not applicable if, considering all the circumstances, it is apparent that the case has only a very loose connection with that law and that the case has a much closer connection with another law.2 this provision does not apply where a choice of law has been made.iv. establishing foreign law art. 16 1 the content of the foreign law shall be established by the authorities on their own motion. for this purpose, the cooperation of the parties may be requested. in matters involving an economic interest, the task of establishing foreign law may be assigned to the parties.2 swiss law applies if the content of the foreign law cannot be established.v. reservation of swiss public policy art. 17 the application of provisions of foreign law is excluded if such application leads to a result that is incompatible with swiss public policy.vi. application of mandatory provisions of swiss law art. 18 mandatory provisions of swiss law which, by reason of their special purpose, are applicable regardless of the law referred to by this act are reserved.vii. taking into consideration of mandatory provisions of foreign law art. 19 1 if interests that are legitimate and clearly preponderant according to the swiss conception of law so require, a mandatory provision of a law other than the one referred to by this act may be taken into consideration, provided the situation dealt with has a close connection with that other law.2 in deciding whether such a provision is to be taken into consideration, consideration shall be given to its purpose and the consequences of its application, in order to reach a decision that is appropriate having regard to the swiss conception of law.section 4 domicile, seat and citizenship i. domicile, habitual residence and establishment of a natural person art. 20 1 within the meaning of this act, a natural person:a. has their domicile in the state where they reside with the intent of establishing permanent residence;b. has their habitual residence in the state where they live for a certain period of time, even if this period is of limited duration from the outset;c. has their establishment in the state where the centre of their professional or commercial activities is located.2 no person may have more than one domicile at the same time. if a person does not have a domicile anywhere, the habitual residence is the relevant place. the provisions of the civil code19 relating to domicile and residence do not apply.19 sr 210ii. seat and establishment of companies and trusts art. 2120 1 for companies and trusts pursuant to article 149a, the seat is deemed to be the domicile.2 the seat of a company is deemed to be located at the place designated in the articles of incorporation or in the articles of association. in the absence of such a designation, the seat is located at the place where the company is administered in fact.3 the seat of a trust is deemed to be located at the place of administration, as designated in the trust terms in writing or in any other form which permits evidence by text. in the absence of such a designation, the seat is deemed to be located at the place where the trust is administered in fact.4 the establishment of a company or a trust is located in the state where its seat is located or in any state where one of its branches is located.20 amended by art. 2 of the fd of 20 dec. 2006 on the approval and implementation of the hague convention on the law applicable to trusts and on their recognition, in force since 1 july 2007 (as 2007 2849; bbl 2006 551).iii. citizenship art. 22 the citizenship of a natural person is determined according to the law of the state of the citizenship in question.iv. multiple citizenships art. 23 1 if a person has one or more foreign citizenships in addition to swiss citizenship, jurisdiction based on citizenship is determined by reference to swiss citizenship only.2 if a person has more than one citizenship, the citizenship of the state with which such person is most closely connected is exclusively relevant in determining the applicable law, unless this act provides otherwise.3 if recognition of a foreign decision in switzerland depends on a person's citizenship, it is sufficient to take into consideration one of such person's citizenships.v. stateless persons and refugees art. 24 1 a person is considered to be stateless when they are recognised as such pursuant to the new york convention of 28 september 195421 relating to the status of stateless persons, or when such person's relationship to their national state is severed to such an extent that their situation is equivalent to that of a stateless person. 2 a person is deemed to be a refugee when they are recognised as such pursuant to the asylum act of 5 october 197922.3 where this act applies to stateless persons and to refugees, domicile replaces citizenship.21 sr 0.142.4022 [as 1980 1718, 1986 2062, 1987 1674, 1990 938 1587 art. 3 para. 1, 1994 1634 no i 8.1 2876, 1995 146 no ii 1 4356, 1997 2372 2394, 1998 1582. as 1999 2262 art. 120 let. a]. now: fa of 26 june 1998 (sr 142.31).section 5 recognition and enforcement of foreign decisions i. recognition 1. principle art. 25 a foreign decision is recognised in switzerland: a. if the judicial or administrative authorities of the state where the decision was rendered had jurisdiction;b. if the decision is no longer subject to any ordinary appeal or if it is a final decision; andc. if there is no ground for denial under article 27.2. jurisdiction of foreign authorities art. 26 foreign authorities have jurisdiction:a. if jurisdiction derives from a provision of this act or, in the absence of such a provision, if the defendant was domiciled in the state in which the decision was rendered;b. if, in matters involving an economic interest, the parties submitted to the jurisdiction of the authority that rendered the decision by means of an agreement valid under this act;c. if, in matters involving an economic interest, the defendant proceeded on the merits without reservation; d. if, in the case of a counterclaim, the authority that rendered the decision had jurisdiction to hear the main claim and if there is a factual connection between the claim and counterclaim.3. grounds for non-recognition art. 27 1 a foreign decision is not recognized in switzerland if recognition is manifestly incompatible with swiss public policy.2 recognition of a decision shall also be denied if a party establishes:a. that it did not receive proper notice under either the law of its domicile or that of its habitual residence, unless the party proceeded on the merits without reservation;b. that the decision was rendered in violation of fundamental principles of swiss procedural law, including the fact that the party concerned was denied the right to be heard;c. that a dispute between the same parties and with respect to the same subject matter has been initiated in switzerland first or has already been decided there, or that such dispute has previously been decided in a third state, provided the latter decision fulfils the requirements for recognition in switzerland.3 other than that, the foreign decision may not be reviewed on the merits.ii. enforceability art. 28 a decision that is recognised pursuant to articles 25 to 27 is declared enforceable at the request of the interested party.iii. procedure art. 29 1 the request for recognition or enforcement must be filed with the competent authority of the canton where the foreign decision is relied on. the request must be accompanied:a. by a complete and certified copy of the decision;b. by a statement certifying that no ordinary appeal can be lodged against the decision or that it is final; andc. in case of a default judgment, by an official document establishing that the defaulting party was given proper notice and had the opportunity to present its defence.2 the party opposing recognition and enforcement has the right to be heard; such party may present their defence.3 if a foreign decision is relied on with respect to a preliminary issue, the authority seized may itself rule on the recognition.iv. court-approved settlements art. 30 articles 25 to 29 apply to court-approved settlements that are deemed equivalent to a court decision in the state where they have been entered.v. non-contentious matters art. 31 articles 25 to 29 apply by analogy to the recognition and enforcement of a decision or a legal document issued in non-contentious matters.vi. entry in the civil status registers art. 32 1 a foreign decision or legal document regarding civil status shall be registered in the swiss civil status registers if so ordered by the cantonal supervisory authority.2 the entry is authorised if the requirements set out in articles 25 to 27 are met.3 the persons concerned shall first be heard if it is not established that the rights of the parties have been sufficiently respected during the proceedings in the foreign state where the decision was rendered.chapter 2 natural persons i. in general art. 33 1 unless this act provides otherwise, the swiss judicial or administrative authorities of the domicile have jurisdiction over matters pertaining to the status of natural persons; these authorities shall apply the law of the domicile.2 infringements of personality rights are governed by the provisions of this act relating to torts (article 129 et seq.).ii. legal capacity art. 34 1 legal capacity is governed by swiss law.2 the beginning and the end of personality are governed by the law applicable to the legal relationship that presupposes legal capacity.iii. capacity to act 1. in general art. 35 the capacity to act is governed by the law of the domicile. once acquired, the capacity to act is not affected by a change of domicile.2. protection of transactions art. 36 1 a party to a legal transaction who lacks capacity under the law of the state of their domicile may not rely on such incapacity if they would have had the capacity to act under the law of the state where the transaction was made, unless the other party knew or should have known of the incapacity.2 this rule does not apply to legal transactions pertaining to family law, succession law or rights in rem in immovable property.iv. name 1. in general art. 37 1 the name of a person domiciled in switzerland is governed by swiss law. the name of a person domiciled abroad is governed by the law referred to by the rules of private international law of the state of domicile.2 however, a person may request to have their name governed by the law of the state of their citizenship.2. change of name art. 38 1 the swiss authorities at the domicile of the applicant have jurisdiction to hear an application for a change of name.2 swiss citizens who do not have a domicile in switzerland may apply for a change of name to the authority of their canton of origin.3 the requirements for and effects of a change of name are governed by swiss law.3. change of name occurred abroad art. 39 a change of name occurred abroad is recognised in switzerland if it is valid in the state of domicile or in the state of citizenship of the applicant.4. entry in the civil status registers art. 40 the name is entered in the swiss civil status registers in accordance with swiss registration principles.iva. gender art. 40a23 articles 37-40 apply by analogy to a person's gender.23 inserted by no ii of the fa of 18 dec. 2020 (gender change in the civil register), in force since 1 jan. 2022 (as 2021 668; bbl 2020 799).v. declaration of presumed death 1. jurisdiction and applicable law art. 41 1 the swiss courts at the last known domicile of a missing person have jurisdiction to issue a declaration of presumed death.2 the swiss courts also have jurisdiction to issue a declaration of presumed death where justified by a legitimate interest.3 the requirements for and effects of a declaration of presumed death are governed by swiss law.2. declaration of presumed death and of death issued abroad art. 42 a declaration of presumed death or of death issued abroad is recognized in switzerland if it is issued in the state of the last known domicile or the state of citizenship of the missing person.chapter 3 marital law section 1 celebration of marriage i. jurisdiction art. 43 1 the swiss authorities have jurisdiction to celebrate a marriage if one of the prospective spouses is domiciled in switzerland or has swiss citizenship.2 foreign prospective spouses without swiss domicile may also be authorised by the competent authority to marry in switzerland, if the marriage is recognised in the state of domicile or citizenship of both of them.3 such authorisation may not be denied on the sole ground that a divorce granted or recognised in switzerland is not recognised abroad.ii. applicable law art. 4424 the celebration of marriage in switzerland is governed by swiss law.24 amended by no i 5 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).iii. marriage celebrated abroad art. 45 1 a marriage validly celebrated abroad is recognised in switzerland.2 if either prospective spouse is a swiss citizen or if both have their domicile in switzerland, a marriage celebrated abroad is recognized, unless it was celebrated with the manifest intent of circumventing the swiss provisions on annulment of marriage.253 a marriage validly celebrated abroad between persons of the same sex is recognised in switzerland as a registered partnership.26 25 amended by annex no 3 of the fa of 26 june 1998, in force since 1 jan. 2000 (as 1999 1118; bbl 1996 i 1).26 inserted by annex no 17 of the same-sex partnerships act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).iv. annulment of marriage art. 45a27 1 the swiss courts at the domicile or, in the absence of a domicile in switzerland, those at the place of celebration of the marriage or the place of origin of either spouse have jurisdiction to hear an action for annulment of marriage.2 the action is governed by swiss law.3 articles 62 to 64 apply by analogy to interim measures and to the consequences of an annulment.4 foreign decisions on annulment of marriage are recognised in switzerland if they were rendered in the state where the marriage was celebrated. article 65 applies by analogy if the action was brought by one of the spouses.27 inserted by no ii 2 of the fa of 7 oct. 1994 (as 1995 1126; bbl 1993 i 1169). amended by no i 5 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).section 2 general effects of marriage i. jurisdiction 1. in general art. 46 the swiss judicial or administrative authorities at the domicile or, in the absence of a domicile, those at the habitual residence of either spouse have jurisdiction to hear actions or to order measures relating to the effects of marriage.2. jurisdiction at the place of origin art. 47 if neither spouse has domicile or habitual residence in switzerland, and if at least one of them is a swiss citizen, the judicial or administrative authorities at the place of origin have jurisdiction to hear actions or to order measures relating to the effects of marriage, provided such action or request cannot be filed or cannot reasonably be expected to be filed at the domicile or habitual residence of either spouse.ii. applicable law 1. in general art. 48 1 the effects of marriage are governed by the law of the state in which the spouses are domiciled.2 if the spouses are not domiciled in the same state, the effects of marriage are governed by the law of that state of domicile with which the case has the closest connection. 3 where the swiss judicial or administrative authorities at the place of origin have jurisdiction pursuant to article 47, they shall apply swiss law.2. maintenance obligations art. 49 maintenance obligations between spouses are governed by the hague convention of 2 october 197328 on the law applicable to maintenance obligations.28 sr 0.211.213.01iii. foreign decisions or measures art. 50 foreign decisions or measures relating to the effects of marriage are recognised in switzerland if they were rendered in the state of domicile or habitual residence of either spouse.section 3 marital property law i. jurisdiction art. 51 the following courts or authorities have jurisdiction to hear actions and to order measures relating to marital property:a. with respect to the liquidation of the marital property regime on the death of one of the spouses: the swiss judicial or administrative authorities that have jurisdiction to settle the estate (art. 86 to 89);b. with respect to the liquidation of the marital property regime on divorce or separation: the swiss judicial authorities that have jurisdiction in that respect (art. 59, 60, 63, 64);c. in all other cases: the swiss judicial or administrative authorities that have jurisdiction to rule on the effects of marriage (art. 46, 47).ii. applicable law 1. choice of law a. in general art. 52 1 marital property relations are governed by the law chosen by the spouses.2 the spouses may choose the law of the state in which they are both domiciled or will be domiciled after the celebration of marriage, or the law of a state of which either of them is a citizen. article 23 paragraph 2 does not apply.b. specific conditions art. 53 1 a choice of law must be agreed in writing or result with certainty from the provisions of a marital agreement; in all other respects, it is governed by the chosen law.2 a choice of law may be made or amended at any time. a choice of law made after the celebration of marriage has retroactive effect as of the celebration date, unless the parties agree otherwise.3 the chosen law remains applicable as long as the spouses have not amended or revoked their choice.2. absence of a choice of law a. in general art. 54 1 in the absence of a choice of law, marital property relations are governed:a. by the law of the state in which both spouses are domiciled at the same time, or, if that is not the case,b. by the law of the state in which both spouses were last domiciled at the same time.2 if the spouses have never been domiciled at the same time in the same state, the law of their common citizenship applies.3 spouses who have never been domiciled in the same state and who do not have a common citizenship are subject to the swiss rules on separation of property.b. adaptation and retroactivity in case of change of domicile art. 55 1 if the spouses transfer their domicile from one state to another, the law of the new domicile applies with retroactive effect as from the date of the celebration of marriage. spouses may exclude retroactivity by written agreement.2 a change of domicile has no effect on the applicable law if the spouses have agreed in writing that the former law shall remain applicable or if they are bound by a marital agreement.3. form of marital agreements art. 56 a marital agreement is valid as to form if it satisfies the requirements of the law applicable to the agreement or the requirements of the law of the place where the agreement was concluded.4. legal relationships with third parties art. 57 1 the effects of the marital property regime on a legal relationship between a spouse and a third party are governed by the law of the state in which that spouse was domiciled at the time when the legal relationship arose.2 however, these effects are governed by the law applicable to the marital property regime if the third party knew or should have known that law at the time when the legal relationship arose.iii. foreign decisions art. 58 1 foreign decisions relating to marital property relations are recognised in switzerland:a. if they were rendered, or are recognised, in the state of domicile of the defendant spouse;b. if they were rendered, or are recognised, in the state of domicile of the plaintiff spouse, provided the defendant spouse was not domiciled in switzerland;c. if they were rendered, or are recognised, in the state whose law applies to the marital property relations pursuant to this act; ord. to the extent that they relate to immovable property, if they were rendered, or are recognised, in the state in which the respective property is located.2 the recognition of decisions relating to marital property relations rendered in the context of measures protecting the marital union, or on a death, a declaration of nullity of marriage, a divorce or a separation is governed by the provisions of this act relating to the general effects of marriage, divorce or succession (art. 50, 65 and 96).section 4 divorce and separation i. jurisdiction 1. in general art. 59 the following courts have jurisdiction to hear an action for divorce or separation:a. the swiss courts at the domicile of the defendant spouse;b. the swiss courts at the domicile of the plaintiff spouse, provided he or she has been residing in switzerland for at least a year or is a swiss citizen.2. jurisdiction at the place of origin art. 60 if the spouses are not domiciled in switzerland and at least one of them is a swiss citizen, the courts at the place of origin have jurisdiction to hear an action for divorce or separation, provided the action cannot or cannot reasonably be expected to be brought at the domicile of either spouse.ii. applicable law art. 6129 divorce and separation are governed by swiss law.29 amended by annex no 3 of the fa of 19 june 2015 (equitable pension division on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).iii. interim measures art. 62 1 a swiss court before which an action for divorce or separation is pending has jurisdiction to order interim measures, except if such court clearly lacks jurisdiction to decide on the merits or if such lack of jurisdiction is established in a decision that has come into force.2 interim measures are governed by swiss law.3 the provisions of this act regarding maintenance obligations between spouses (art. 49), the effects of a parent-child relationship (art. 82 and 83), and the protection of minors (art. 85) are reserved.iv. subsequent effects art. 63 1 swiss courts that have jurisdiction to hear an action for divorce or separation also have jurisdiction to rule on the subsequent effects thereof. the provisions of this act relating to the protection of minors (art. 85) are reserved.301bis swiss courts have exclusive jurisdiction to rule on claims for the division of occupational pension entitlements against a swiss pension fund.312 the subsequent effects of divorce and separation are governed by swiss law.32 the provisions of this act relating to the name (art. 37 to 40), to maintenance obligations between spouses (art. 49), to marital property relations (art. 52 to 57), to the effects of a parent-child relationship (art. 82 and 83), and to the protection of minors (art. 85) are reserved.30 amended by annex no 3 of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).31 inserted by annex no 3 of the fa of 19 june 2015 (equitable pension division on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).32 amended by annex no 3 of the fa of 19 june 2015 (equitable pension division on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).v. supplementing or amending decisions art. 64 1 swiss courts have jurisdiction to hear an action to supplement or amend a decree of divorce or separation if they have issued such a decree or if they have jurisdiction pursuant to articles 59 or 60. the provisions of this act regarding the protection of minors (art. 85) are reserved.1bis swiss courts have exclusive jurisdiction to rule on claims for the division of occupational pension entitlements against a swiss pension fund. in the absence of jurisdiction under paragraph 1, the swiss courts at the seat of the pension fund have jurisdiction.332 actions for supplementing or amending a divorce or a separation decree are governed by swiss law.34 the provisions of this act relating to the name (art. 37 to 40), to maintenance obligations between spouses (art. 49), to marital property relations (art. 52 to 57), to the effects of a parent-child relationship (art. 82 and 83), and to the protection of minors (art. 85) are reserved.33 inserted by annex no 3 of the fa of 19 june 2015 (equitable pension division on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).34 amended by annex no 3 of the fa of 19 june 2015 (equitable pension division on divorce), in force since 1 jan. 2017 (as 2016 2313; bbl 2013 4887).vi. foreign decisions art. 65 1 foreign decrees of divorce or separation are recognised in switzerland if they were issued in the state of domicile or habitual residence, or in the state of citizenship of either spouse, or if they are recognised in one of these states. 2 however, a decree that was issued in a state of which neither spouse or only the plaintiff spouse is a citizen is recognised in switzerland only:a. if, at the time of filing the action, at least one of the spouses was domiciled or had his or her habitual residence in that state and the defendant spouse was not domiciled in switzerland;b. if the defendant spouse submitted to the jurisdiction of the foreign court without reservation; orc. if the defendant spouse expressly consents to recognition of the decree in switzerland.chapter 3a35 registered partnership36 35 inserted by annex no 17 of the same-sex partnerships act of 18 june 2004 (as 2005 5685; bbl 2003 1288). 36 amended by no i 5 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).i. application of chapter 3 art. 65a37 the provisions of chapter 3 apply by analogy to registered partnerships, except for article 43 paragraph 2.37 amended by no i 5 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).ii. jurisdiction in the event of dissolution of a registered partnership art. 65b if the partners are not domiciled in switzerland and neither of them is swiss, the swiss courts at the place of registration have jurisdiction to hear actions or requests relating to the dissolution of a registered partnership, provided the action or request cannot or cannot reasonably be expected to be brought at the domicile of either partner.iii. applicable law art. 65c 1 where the law applicable pursuant to chapter 3 contains no provisions on registered partnerships, swiss law is applicable; article 49 is reserved. 2 in addition to the laws designated by article 52 paragraph 2, the partners may choose the law of the state in which the partnership was registered.iv. decisions or measures of the state of registration art. 65d foreign decisions and measures are recognised in switzerland:a. if they were rendered in the state in which the partnership was registered, andb. if the action or request could not or could not reasonably have been expected to be brought in a foreign state whose jurisdiction is recognised in switzerland in accordance with the provisions of chapter 3.chapter 4 parent-child relationship section 1 parent-child relationship by birth i. jurisdiction 1. in general art. 66 the swiss courts at the child's habitual residence or at either parent's domicile have jurisdiction to hear an action to declare or contest a parent-child relationship.2. jurisdiction at the place of origin art. 67 if the parents are not domiciled in switzerland and the child does not have his or her habitual residence there, the courts at the swiss place of origin of either parent have jurisdiction to hear an action to declare or contest a parent-child relationship, provided the action cannot or cannot reasonably be expected to be brought at either parent's domicile nor at the child's habitual residence.ii. applicable law 1. in general art. 68 1 the formation, declaration and contesting of a parent-child relationship are governed by the law of the state of the child's habitual residence.2 however, if neither parent is domiciled in the state of the child's habitual residence and if the parents and the child are citizens of the same state, the law of that state applies.2. relevant time art. 69 1 for the determination of the law applicable to the formation, declaration or contesting of a parent-child relationship, the date of birth is decisive.2 however, in case of a judicial declaration or contesting of a parent-child relationship, the date of the action is decisive if a preponderant interest of the child so requires.iii. foreign decisions art. 70 foreign decisions relating to the declaration or contesting of a parent-child relationship are recognised in switzerland if they were rendered in the state of the child's habitual residence or in the child's state of citizenship, or in the state of domicile or the state of citizenship of the mother or the father.section 2 acknowledgment i. jurisdiction art. 71 1 the swiss authorities at the child's place of birth or habitual residence, as well as those of the domicile or the place of origin of the mother or the father, have jurisdiction to receive the acknowledgment of a child.2 when an acknowledgment takes place in judicial proceedings in which the parent-child relationship is legally relevant, the judge seized with the lawsuit may also receive the acknowledgment.3 the courts that have jurisdiction to hear an action to declare or contest a parent-child relationship (art. 66 and 67) also have jurisdiction to rule on a challenge of an acknowledgment.ii. applicable law art. 72 1 an acknowledgment in switzerland may be made in accordance with the law of the state of the child's habitual residence, the law of the child's state of citizenship, or the law of the domicile or of the state of citizenship of the mother or the father. the date of the acknowledgment is decisive.2 the form of an acknowledgment in switzerland is governed by swiss law.3 the challenge of an acknowledgment is governed by swiss law.iii. acknowledgment made or challenged abroad art. 73 1 the acknowledgment made abroad is recognised in switzerland, if it is valid in the state of the child's habitual residence, in the child's state of citizenship, or in the state of domicile or the state of citizenship of the mother or the father.2 foreign decisions on the challenge of an acknowledgment are recognised in switzerland if they were rendered in one of the states mentioned in paragraph 1.iv. legitimation art. 74 article 73 applies by analogy to the recognition of a foreign legitimation.section 3 adoption i. jurisdiction 1. in general art. 75 1 the swiss judicial or administrative authorities at the domicile of the adopting person or adopting spouses have jurisdiction to pronounce the adoption.2 courts that have jurisdiction to hear actions to declare or contest a parent-child relationship (art. 66 and 67) also have jurisdiction to decide on challenges of adoptions.2. jurisdiction at the place of origin art. 76 the swiss judicial or administrative authorities at the place of origin have jurisdiction to pronounce an adoption, if the adopting person or adopting spouses are not domiciled in switzerland and at least one of them is a swiss citizen and if they cannot or cannot reasonably be expected to adopt at the place of their foreign domicile.ii. applicable law art. 77 1 the requirements for an adoption in switzerland are governed by swiss law.2 where it appears that an adoption would not be recognised in the state of domicile or the state of citizenship of the adopting person or adopting spouses and that serious prejudice would result for the child, the authority shall also take account of the requirements under the law of the respective state. if, even then, recognition does not appear to be assured, the adoption shall not be pronounced.3 an action to challenge an adoption pronounced in switzerland is governed by swiss law. an adoption pronounced abroad may be challenged in switzerland only if a ground for challenge also exists under swiss law.iii. adoptions and similar institutions of foreign law art. 78 1 adoptions pronounced abroad are recognised in switzerland if they were pronounced in the state of domicile or the state of citizenship of the adopting person or adopting spouses.2 adoptions and similar acts pronounced abroad that have effects substantially different from a parent-child relationship under swiss law are recognised in switzerland only with the effects that are attached to them in the state where they were pronounced.section 4 effects of the parent-child relationship i. jurisdiction 1. in general art. 79 1 swiss courts at the child's habitual residence or those of the domicile or, in the absence of a domicile, of the habitual residence of the respondent parent have jurisdiction to hear an action relating to the relations between parents and child, including an action relating to child support.2 the provisions of this act relating to the name (art. 33, 37 to 40), the protection of minors (art. 85) and succession (art. 86 to 89) are reserved.2. jurisdiction at the place of origin art. 80 if neither the child nor the respondent parent have their domicile or habitual residence in switzerland and one of them is a swiss citizen, the courts at the place of origin have jurisdiction.3. third-party claims art. 81 the swiss courts referred to in articles 79 and 80 also have jurisdiction to hear:a. claims by authorities which have made advances for maintenance payments;b. claims of the mother for maintenance payments and reimbursement of expenses incurred in relation to the birth.ii. applicable law 1. in general art. 82 1 the relations between parents and child are governed by the law of the state of the child's habitual residence.2 however, if neither parent is domiciled in the state of the child's habitual residence and if the parents and the child are citizens of the same state, the law of that state applies.3 the provisions of this act relating to the name (art. 33, 37 to 40), the protection of minors (art. 85) and succession (art. 90 to 95) are reserved.2. maintenance obligations art. 83 1 maintenance obligations between parents and child are governed by the hague convention of 2 october 197338 on the law applicable to maintenance obligations.2 to the extent that the mother's rights to maintenance and to reimbursement of expenses occasioned by the birth are not dealt with in the said convention, its provisions apply by analogy.38 sr 0.211.213.01iii. foreign decisions art. 84 1 foreign decisions relating to the relations between parents and child are recognised in switzerland if they were rendered in the state of the child's habitual residence or in the state of domicile or habitual residence of the respondent parent.2 the provisions of this act relating to the name (art. 39), the protection of minors (art. 85) and succession (art. 96) are reserved.chapter 5 guardianship, protection of adults and other protective measures39 39 amended by annex no 13 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 8540 1 in respect of protection of children, the jurisdiction of the swiss judicial or administrative authorities, the applicable law and the recognition and enforcement of foreign decisions or measures are governed by the hague convention of 19 october 199641 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children.2 in respect of protection of adults, the jurisdiction of the swiss judicial or administrative authorities, the applicable law and the recognition and enforcement of foreign decisions or measures are governed by the hague convention of 13 january 200042 on the international protection of adults.3 moreover, the swiss judicial or administrative authorities have jurisdiction if this is necessary for the protection of a person or of their property.4 measures taken in a state which is not party to the conventions referred to in paragraphs 1 and 2 are recognised if they were taken or are recognised in the state of habitual residence of the child or the adult.40 amended by art. 15 of the fa of 21 dec. 2007 on international child abduction and the hague conventions on the protection of children and adults, in force since 1 july 2009 (as 2009 3077; bbl 2007 2595).41 sr 0.211.231.01142 sr 0.211.232.1chapter 6 succession law i. jurisdiction 1. in general art. 86 1 the swiss judicial or administrative authorities at the last domicile of the deceased have jurisdiction to take the measures necessary to settle the estate and to hear disputes relating thereto.2 exclusive jurisdiction claimed by a state where immovable property is located is reserved.2. jurisdiction at the place of origin art. 87 1 if the deceased was a swiss citizen domiciled abroad, the swiss judicial or administrative authorities at the deceased's place of origin have jurisdiction for the estate to the extent that the foreign authorities do not deal with the estate. 2 the authorities at the place of origin always have jurisdiction when a swiss citizen having their last domicile abroad submits, in a will or a contract of succession, their entire estate or the portion thereof located in switzerland to swiss jurisdiction or swiss law. article 86 paragraph 2 is reserved.3. jurisdiction at the location of assets art. 88 1 if the deceased was a foreign citizen domiciled abroad, the swiss judicial or administrative authorities have jurisdiction to deal with those parts of the estate that are located in switzerland to the extent that the foreign authorities do not deal with them.2 if there are assets located in different places, the swiss authority before which the matter was first brought has jurisdiction.4. conservatory measures art. 89 if the deceased had their last domicile abroad and leaves assets in switzerland, the swiss authorities at the place where the assets are located shall take the measures necessary for their interim protection.ii. applicable law 1. last domicile in switzerland art. 90 1 the estate of a person who had their last domicile in switzerland is governed by swiss law.2 a foreign citizen may, however, submit their estate by will or contract of succession to the law of one of their states of citizenship. such submission lapses if, at the time of death, the deceased no longer had such citizenship or had acquired swiss citizenship. 2. last domicile abroad art. 91 1 the estate of a person who had their last domicile abroad is governed by the law referred to by the private international law rules of the state of domicile.2 to the extent that swiss judicial or administrative authorities have jurisdiction pursuant to article 87, the estate of a swiss deceased who had their last domicile abroad is governed by swiss law, unless the deceased expressly provided by will or contract of succession for the application of the law of their last domicile.3. scope of the law governing the estate and administration of the estate art. 92 1 the law applicable to the estate determines what belongs to the estate, who is entitled thereto and to what extent, who is liable for the debts of the estate, which legal remedies may be relied on, and which measures may be ordered and subject to which requirements.2 the implementation of the measures is governed by the law of the state whose authority has jurisdiction. such law governs inter alia conservatory measures and the administration of the estate, including the administration by an executor.4. form art. 93 1 the validity of wills as to form is governed by the hague convention of 5 october 196143 on the conflict of laws relating to the form of testamentary dispositions.2 this convention applies by analogy to the form requirements in respect of other dispositions upon death.43 sr 0.211.312.15. testamentary capacity art. 94 a person is capable of disposing upon death if, at the time of making the disposition, they have the capacity to do so under the law of the state of their domicile or habitual residence, or under the law of one of the states of which they are a citizen.6. contracts of succession and other reciprocal dispositions upon death art. 95 1 contracts of succession are governed by the law of the state in which the disposing party is domiciled at the time of their conclusion.2 if a disposing party submits, in the contract, their entire estate to the law of the state of which they are a citizen, such law applies in lieu of the law of the domicile.3 reciprocal dispositions upon death are valid if they are consistent with the law of the domicile of each disposing party or with the law of the country of common citizenship chosen by them.4 the provisions of this act regarding form requirements and testamentary capacity (art. 93 and 94) are reserved.iii. foreign decisions, measures, documents and rights art. 96 1 foreign decisions, measures and documents relating to the estate, as well as rights deriving from an estate probated abroad shall be recognised in switzerland:a. if they are rendered, taken, drawn up or declared in the state of the deceased's last domicile or in the state to the law of which the deceased submitted his or her estate, or if they are recognised in one of these states; or b. if they relate to immovable property and were rendered, taken, drawn up or declared in the state in which such property is located, or if they are recognised in that state.2 with respect to immovable property located in a state which claims exclusive jurisdiction, only the decisions, measures or documents originating from that state shall be recognised.3 conservatory measures ordered in the state where assets of the deceased are located shall be recognised in switzerland.chapter 7 property law i. jurisdiction 1. immovable property art. 97 the courts at the place where immovable property in switzerland is located have exclusive jurisdiction to hear actions relating to rights in rem in such property.2. movable property art. 98 1 the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions relating to rights in rem in movable property.2 the swiss courts at the place where the property is located also have jurisdiction.4444 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).3. cultural property art. 98a45 the court at the domicile or at the seat of the defendant or the court at the place where the cultural property is located has jurisdiction to hear actions for repatriation in the sense of article 9 of the cultural property transfer act of 20 june 200346.45 inserted by art. 32 no 3 of the cultural property transfer act of 20 june 2003, in force since 1 june 2005 (as 2005 1869; bbl 2002 535).46 sr 444.1ii. applicable law 1. immovable property art. 99 1 rights in rem in immovable property are governed by the law of the place where the property is located.2 claims arising out of nuisances originating from immovable property are governed by the provisions of this act relating to torts (art. 138).2. movable property a. in general art. 100 1 the acquisition and loss of rights in rem in movable property are governed by the law of the place where the property is located at the time of the event from which the acquisition or loss is derived.2 the scope and exercise of rights in rem in movable property are governed by the law of the place where the property is located.b. goods in transit art. 101 the acquisition and loss, through legal transactions, of rights in rem in goods in transit are governed by the law of the state of destination.c. goods arriving in switzerland art. 102 1 when movable property arrives in switzerland and the acquisition or loss of a right in rem has not yet taken place abroad, the events that have occurred abroad are deemed to have occurred in switzerland.2 when movable property arriving in switzerland is subject to a reservation of ownership validly created abroad but which does not meet the requirements of swiss law, such reservation of ownership nonetheless remains valid for three months.3 such a reservation of ownership created abroad cannot be asserted against a third party acting in good faith.d. reservation of ownership of goods intended for export art. 103 the reservation of ownership of movable property intended for export is governed by the law of the state of destination.e. choice of law art. 104 1 parties may submit the acquisition and loss of rights in rem in movable property to the law of the state of shipment or of destination, or to the law which governs the underlying legal transaction.2 such choice of law cannot be asserted against third parties.3. special rules a. pledging of claims, securities and other rights art. 105 1 the pledging of claims, securities or other rights is governed by the law chosen by the parties. this choice of law cannot be asserted against third parties.2 in the absence of a choice of law, the pledging of claims is governed by the law of the state of the pledgee's habitual residence. the same applies to the pledging of other rights, provided they are represented by an uncertificated security, a certificated security or an equivalent instrument; otherwise, the pledging of such rights is governed by the law applicable to them.473 a law other than the one governing the pledged right cannot be asserted against the debtor.47 amended by no i 3 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 febr. 2021 (as 2021 33; bbl 2020 233).b. documents of title and equivalent instruments art. 10648 1 the law designated in article 145a paragraph 1 determines whether an instrument represents goods.2 if the goods are represented by a physical instrument, the rights in rem to both the instrument and the goods are governed by the law applicable to the instrument as movable property.3 if several persons assert rights in rem relating to the goods, some directly, others on the basis of an instrument, the law applicable to the goods themselves determines which one of these rights prevails.48 amended by no i 3 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 febr. 2021 (as 2021 33; bbl 2020 233).c. means of transport art. 107 the provisions in other acts relating to rights in rem in ships, aircraft or other means of transport are reserved.iii. foreign decisions art. 108 1 foreign decisions on rights in rem in immovable property are recognised in switzerland if they were rendered in the state in which the property is located or if they are recognised in such state.2 foreign decisions on rights in rem in movable property are recognised in switzerland:a. if they were rendered in the state of domicile of the defendant; orb. if they were rendered in the state in which the property is located, provided the defendant had their habitual residence there.c.49 .49 repealed by art. 2 of the fd of 3 oct. 2008 on the approval and implementation of the convention on the law applicable to certain rights in respect of securities held with an intermediary, with effect from 1 jan. 2010 (as 2009 6579; bbl 2006 9315).chapter 7a50 intermediated securities 50 inserted by art. 2 of the fd of 3 oct. 2008 on the approval and implementation of the convention on the law applicable to certain rights in respect of securities held with an intermediary, in force since 1 jan. 2010 (as 2009 6579; bbl 2006 9315). i. definition art. 108a51 intermediated securities are securities held with an intermediary as defined in the hague convention of 5 july 200652 on the law applicable to certain rights in respect of securities held with an intermediary.51 amended by no i 3 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 febr. 2021 (as 2021 33; bbl 2020 233).52 sr 0.221.556.1ii. jurisdiction art. 108b 1 the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions regarding intermediated securities.2 where actions regarding intermediated securities relate to the operations of a swiss establishment of the defendant, the courts at the place of that establishment also have jurisdiction. iii. applicable law art. 108c the law applicable to intermediated securities is governed by the hague convention of 5 july 200653 on the law applicable to certain rights in respect of securities held with an intermediary.53 sr 0.221.556.1iv. foreign decisions art. 108d foreign decisions regarding intermediated securities are recognised in switzerland:a. if they were rendered in the state of the defendant's domicile or habitual residence; orb. if they were rendered in the state of the defendant's establishment and they concern claims related to the operations of this establishment.chapter 8 intellectual property i. jurisdiction art. 10954 1 the swiss courts of the defendant's domicile have jurisdiction to hear actions pertaining to the validity or registration in switzerland of intellectual property rights. if a defendant does not have a domicile in switzerland, these actions may be brought before the swiss courts at the place of business of the representative recorded in the register or, in the absence of such representative, before the courts at the place where the authority keeping the register has its office.2 actions pertaining to the violation of intellectual property rights may be brought before the swiss courts at the defendant's domicile or, in the absence of a domicile, at the defendant's habitual residence. moreover, the swiss courts at the place where the act or the result occurred and, in actions pertaining to the operation of an establishment in switzerland, the courts at the place of that establishment have jurisdiction.2bis paragraph 2 applies by analogy to actions pertaining to claims for remuneration provided for by law for the legal use of intellectual property.553 .5654 amended by annex no 5 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).55 inserted by annex no 2 of the fa of 27 sept. 2019, in force since 1 april 2020 (as 2020 1003; bbl 2018 591).56 repealed by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), with effect from 1 jan. 2011 (as 2010 5601; bbl 2009 1777).ii. applicable law art. 110 1 intellectual property rights are governed by the law of the state for which protection of the intellectual property is sought.2 with respect to claims arising out of the infringement of intellectual property rights, the parties may agree, at any time after the event causing damage, to apply the law of the forum.3 agreements pertaining to intellectual property are governed by the provisions of this act relating to contracts (art. 122).iii. foreign decisions art. 111 1 foreign decisions relating to the infringement of intellectual property rights are recognised in switzerland:a. if the decision was rendered in the state of the defendant's domicile; orb. if the decision was rendered at the place where the act or the result occurred and the defendant was not domiciled in switzerland.572 foreign decisions pertaining to the existence, validity or registration of intellectual property rights shall be recognised only if they were rendered in a state for the territory of which the protection of the intellectual property is sought or if such decisions are recognised there.57 amended by annex no 5 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).chapter 9 law of obligations section 1 contracts i. jurisdiction 1. domicile and establishment58 58 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).art. 112 1 the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions arising out of a contract.2 moreover, the swiss courts at the place of the defendant's establishment have jurisdiction to hear actions relating to an obligation arising out of the operation of that establishment.2. place of performance art. 11359 if the characteristic obligation of the contract is to be performed in switzerland, the action may also be brought before the swiss court at the place of performance.59 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).3. consumer contracts art. 114 1 an action by a consumer relating to a contract which meets the requirements stated in article 120 paragraph 1 may be brought at the consumer's choice before the swiss courts:a. at their domicile or habitual residence; orb. at the domicile or, in the absence of a domicile, at the habitual residence of the supplier.2 a consumer cannot waive in advance jurisdiction at their domicile or habitual residence.4. employment contracts art. 115 1 the swiss courts at the defendant's domicile or at the place where the employee habitually performs their work have jurisdiction to hear actions relating to an employment contract.2 an action initiated by an employee may also be brought before the courts at their domicile or habitual residence in switzerland.3 moreover, the swiss courts at the place where an employee is posted from abroad for a limited period of time to carry out all or part of their work have jurisdiction to hear actions pertaining to the terms of employment and the salary conditions applicable to such work.6060 inserted by annex no 1 of the fa of 8 oct. 1999 on workers posted to switzerland, in force since 1 june 2004 (as 2003 1370; bbl 1999 6128).ii. applicable law 1. in general a. choice of law art. 116 1 contracts are governed by the law chosen by the parties.2 the choice of law must be express or result with certainty from the provisions of the contract or from the circumstances; apart from that, it is governed by the chosen law.3 the choice of law may be made or changed at any time. if a choice of law is made after the conclusion of the contract, it has retroactive effect as of the time of conclusion of the contract. the rights of third parties are reserved.b. absence of a choice of law art. 117 1 in the absence of a choice of law, contracts are governed by the law of the state with which they have the closest connection.2 such a connection is presumed to exist with the state of habitual residence of the party that has to perform the characteristic obligation or, if that party has concluded the contract in the exercise of a professional or business activity, with the state where such party has its establishment.3 characteristic obligation means in particular:a. in contracts for the transfer of title: the transferor's obligation;b. in contracts pertaining to the use of property or of a right: the obligation of the party conferring such use;c. in agency contracts, contracts for work and other contracts to perform services: the service obligation;d. in contracts of deposit: the obligation of the depositary;e. in guarantee or suretyship contracts: the obligation of the guarantor or surety.2. in particular a. sale of movable property art. 118 1 sales of tangible movable property are governed by the hague convention of 15 june 195561 on the law applicable to international sales of goods.2 article 120 is reserved.61 sr 0.221.211.4b. immovable property art. 119 1 contracts relating to immovable property or to the use of immovable property are governed by the law of the state where the property is located.2 a choice of law is allowed.3 however, the form of the contract is governed by the law of the state in which the immovable property is located, unless such state allows the application of another law. for immovable property located in switzerland, the form of the contract is governed by swiss law.c. consumer contracts art. 120 1 contracts pertaining to goods or services of ordinary consumption intended for a consumer's personal or family use and not connected with the consumer's professional or business activity are governed by the law of the state of the consumer's habitual residence:a. if the supplier received the order in that state;b. if the contract was concluded after an offer or advertising in that state and if the consumer performed in that state the acts required to conclude the contract; orc. if the consumer was induced by the supplier to go abroad for the purpose of placing the order.2 no choice of law is allowed.d. employment contracts art. 121 1 employment contracts are governed by the law of the state in which the employee habitually performs their work.2 if the employee habitually performs their work in several states, the employment contract is governed by the law of the state of the establishment or, in the absence of an establishment, of the domicile or habitual residence of the employer.3 the parties may submit the employment contract to the law of the state in which the employee has their habitual residence or in which the employer has their establishment, domicile or habitual residence.e. contracts pertaining to intellectual property art. 122 1 contracts pertaining to intellectual property are governed by the law of the state in which the transferor or licensor of the intellectual property right has their habitual residence.2 a choice of law is allowed.3 contracts concluded between an employer and an employee concerning rights to intellectual property created by the employee in the course of performing their work are governed by the law applicable to the employment contract.3. common provisions a. silence upon receipt of an offer art. 123 a party who does not respond to an offer to conclude a contract may invoke the law of the state in which such party has its habitual residence to govern the effects of the silence.b. form art. 124 1 as to form, contracts are valid if they meet the requirements set out in the law applicable to them or in the law of the place where they were concluded.2 the form of a contract concluded between persons who are located in different states is valid if it meets the requirements set out in the law of one of those states.3 the form of a contract is governed exclusively by the law applicable to the contract itself when, in order to protect a party, such law requires compliance with a specific form, unless that law allows the application of another law.c. performance and inspection modalities art. 125 performance and inspection modalities are governed by the law of the state in which they are actually carried out.d. power of representation art. 126 1 if power of representation is based on a contract, the relationship between the principal and the agent is governed by the law applicable to their contract.2 the conditions under which acts of the agent bind the principal and the third party are governed by the law of the state of the agent's establishment or, in the absence of such establishment or if the latter was not discernable by the third party, by the law of the state in which the agent carries out their main activity in the case at hand.3 if the agent is bound to the principal by an employment contract and does not have their own establishment, their establishment is deemed to be at the seat of the principal.4 the law referred to in paragraph 2 also governs the relationship between an unauthorised agent and the third party.section 2 unjust enrichment i. jurisdiction art. 12762 the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions for unjust enrichment. moreover, the courts at the place of an establishment in switzerland have jurisdiction to hear actions pertaining to the operation of the establishment.62 amended by annex no 5 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).ii. applicable law art. 128 1 claims for unjust enrichment are governed by the law which governs the existing or assumed legal relationship on the basis of which the enrichment occurred.2 in the absence of such a relationship, the claims are governed by the law of the state in which the enrichment occurred; the parties may agree to the application of the law of the forum.section 3 torts i. jurisdiction 1. in general art. 12963 1 the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions in tort. moreover, the swiss courts at the place where the act or the result occurred and, for actions pertaining to the operation of an establishment in switzerland, the courts at the place of the establishment have jurisdiction.2 .6463 amended by annex no 5 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).64 repealed by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), with effect from 1 jan. 2011 (as 2010 5601; bbl 2009 1777).2. in particular art. 130 1 the swiss courts at the place where the event causing the damage occurred have jurisdiction to hear actions relating to damage caused by a nuclear installation or by the transportation of nuclear substances.2 if such place cannot be ascertained, the action may be brought:a. if liability lies with the operator of a nuclear installation, before the swiss courts where such installation is located;b. if liability lies with the holder of a transportation permit, before the swiss courts at the place where such permit holder is domiciled or elected domicile.3 actions to enforce the right of access directed against the controller of a database may be brought before the courts mentioned in article 129 or before the swiss courts at the place where the database is managed or used.6565 inserted by annex no 3 of the fa of 19 june 1992 on data protection, in force since 1 july 1993 (as 1993 1945; bbl 1988 ii 413).3. direct action against an insurer art. 131 a direct action against a civil liability insurer may be brought before the swiss courts either at the place of the insurer's establishment or at the place where the act or the result occurred.ii. applicable law 1. in general a. choice of law art. 132 the parties may, at any time after the damaging event, agree to apply the law of the forum.b. absence of a choice of law art. 133 1 if the tortfeasor and the injured party have their habitual residence in the same state, claims in tort are governed by the law of that state.2 if the tortfeasor and the injured party do not have their habitual residence in the same state, these claims are governed by the law of the state in which the tort was committed. however, if the result occurred in another state, the law of that state applies if the tortfeasor should have foreseen that the result would occur there.3 notwithstanding the preceding paragraphs, if a tort violates a legal relationship existing between the tortfeasor and the injured party, claims based on that tort are governed by the law applicable to such legal relationship.2. in particular a. road traffic accidents art. 134 claims arising from road traffic accidents are governed by the hague convention of 4 may 197166 on the law applicable to traffic accidents.66 sr 0.741.31b. product liability art. 135 1 claims based on a defect or defective description of a product are governed at the option of the injured party:a. by the law of the state in which the tortfeasor has their establishment or, in the absence of such establishment, their habitual residence; orb. by the law of the state in which the product was acquired, unless the tortfeasor proves that the product was introduced in the market of that state without their consent.2 if claims based on a defect or defective description of a product are governed by a foreign law, no compensation may be awarded in switzerland beyond that which would be awarded for such kind of loss or damage pursuant to swiss law.c. unfair competition art. 136 1 claims based on unfair competition are governed by the law of the state in whose market the result occurred.2 if the tort affects exclusively the business interests of a specific competitor, the applicable law is that of the state where the respective establishment is located.3 article 133, paragraph 3, is reserved.d. restraint of competition art. 137 1 claims based on a restraint of competition are governed by the law of the state in whose market the restraint has direct effects on the injured party.2 if claims based on a restraint of competition are governed by a foreign law, no compensation may be awarded in switzerland beyond that which would be awarded for a restraint of competition pursuant to swiss law.e. nuisances art. 138 claims arising out of damaging nuisances originating from immovable property are governed at the option of the injured party by the law of the state in which the property is located or by the law of the state in which the result occurred.f. infringement of personality rights art. 139 1 claims based on the infringement of personality rights by the media, in particular by press, radio, television or any other means of public information, are governed at the option of the injured party:a. by the law of the state in which the injured party has their habitual residence, provided the tortfeasor should have expected that the result would occur in that state;b. by the law of the state in which the tortfeasor has their establishment or habitual residence; orc. by the law of the state in which the result of the infringement occurs, provided the tortfeasor should have expected that the result would occur in that state.2 the right of reply against media appearing periodically is exclusively governed by the law of the state in which the publication appeared or the program was broadcasted.3 paragraph 1 also applies to infringements of personality rights resulting from the processing of personal data, as well as to impairments of the right of access to personal data.6767 inserted by annex no 3 of the fa of 19 june 1992 on data protection, in force since 1 july 1993 (as 1993 1945; bbl 1988 ii 413).3. special rules a. multiple tortfeasors art. 140 if two or more persons have taken part in the commission of a tort, the applicable law shall be determined separately for each one of them, regardless of their role.b. direct action against an insurer art. 141 the injured party may bring the action directly against the insurer of the person liable if the law applicable to the tort or the law applicable to the insurance contract so provides.4. scope of the applicable law art. 142 1 the law applicable to a tort determines in particular the capacity to be liable in tort, the conditions and the extent of liability, as well as the person liable.2 rules of conduct and safety in force at the place of the act are taken into consideration.section 4 common provisions i. multiple debtors 1. claims against several debtors art. 143 where a creditor is entitled to assert their claim against two or more debtors, the legal consequences are determined under the law governing the relationship between the creditor and the debtor against whom the claim is actually asserted.2. recourse among co-debtors art. 144 1 a debtor has a right of recourse against a co-debtor, either directly or by subrogation, only to the extent that the laws governing the two obligations allow for it.2 the exercise of recourse against a co-debtor is governed by the law applicable to the obligation of the co-debtor towards the creditor. issues pertaining exclusively to the relationship between the creditor and the debtor seeking recourse are governed by the law applicable to the obligation of the latter.3 the question of whether an institution entrusted with a public function may seek recourse is determined by the law applicable to the institution. the existence and exercise of a right of recourse are governed by the two preceding paragraphs.ii. transfer of claims 1. assignment by contract art. 145 1 the assignment of a claim by contract is governed by the law chosen by the parties or, in the absence of such choice, by the law applicable to the assigned claim. a choice of law cannot be asserted against the debtor without the latter's assent.2 a choice of law relating to the assignment of an employee's claim is valid only to the extent that article 121 paragraph 3 allows it for the employment contract.3 the form of an assignment is governed exclusively by the law applicable to the assignment contract.4 issues concerning exclusively the relationship between the parties to the assignment contract are governed by the law applicable to the legal relationship underlying the assignment.1a. transfer by means of an instrument art. 145a68 1 whether a claim is represented by an instrument in paper or equivalent form and transferred by means of such instrument is determined by the law designated therein. if no law is designated in the instrument, the law of the state in which the issuer has its seat or, failing such, its habitual residence applies.2 as regards rights in rem to a physical instrument, the provisions of chapter 7 are reserved.68 inserted by no i 3 of the fa of 25 sept. 2020 on the adaptation of federal law to developments in distributed ledger technology, in force since 1 febr. 2021 (as 2021 33; bbl 2020 233).2. assignment by operation of law art. 146 1 the assignment of a claim by operation of law is governed by the law applicable to the underlying relationship between the former and the new creditor or, in the absence of such a relationship, by the law governing the claim.2 the provisions of the law governing the claim that are intended to protect the debtor are reserved.iii. currency art. 147 1 a currency is defined by the law of the issuing state.2 the effects of a currency on the extent of an obligation are governed by the law applicable to such obligation.3 the law of the state in which payment must be made determines the currency in which the payment must be effected.iv. statute of limitations and extinction of a claim art. 148 1 the statute of limitations for and the extinction of a claim are governed by the law applicable to the claim.2 in the event of extinction by set-off, the applicable law is that governing the claim against which set-off is asserted.3 novation, release and set-off agreements are governed by the provisions of this act relating to the law applicable to contracts (art. 116 et seq.).section 5 foreign decisions art. 149 1 foreign decisions relating to a claim under the law of obligations are recognised in switzerland:a. if they were rendered in the state of the defendant's domicile; orb. if they were rendered in the state of the defendant's habitual residence, insofar as the claims relate to an activity carried out in such state.2 they are also recognised:a.69 if the decision relates to a contractual obligation, was rendered in the state of performance of the characteristic obligation, and the defendant was not domiciled in switzerland;b. if the decision relates to a claim under a contract concluded with a consumer, was rendered at the consumer's domicile or habitual residence, and the requirements provided in article 120 paragraph 1 are met;c. if the decision relates to a claim under an employment contract, was rendered either at the place of the establishment or at the place of work, and the employee was not domiciled in switzerland;d. if the decision relates to a claim arising out of the operation of an establishment and was rendered at the location of that establishment;e. if the decision relates to unjust enrichment, was rendered at the place where the act or result occurred, and the defendant was not domiciled in switzerland; orf. if the decision relates to an obligation in tort, was rendered at the place where the act or the result occurred, and the defendant was not domiciled in switzerland.69 amended by art. 3 no 3 of the fd of 11 dec. 2009 (approval and implementation of the lugano convention), in force since 1 jan. 2011 (as 2010 5601; bbl 2009 1777).chapter 9a70 trusts 70 inserted by art. 2 of the fd of 20 dec. 2006 on the approval and implementation of the hague convention on the law applicable to trusts and on their recognition, in force since 1 july 2007 (as 2007 2849; bbl 2006 551).art. 149ai. definitionthe term trust refers to trusts created voluntarily in the sense of the hague convention of 1 july 198571 on the law applicable to trusts and on their recognition, irrespective of whether they are evidenced in writing pursuant to article 3 of the convention.ii. jurisdiction art. 149b 1 in matters concerning trust law, the choice of forum contained in the trust deed shall prevail. the choice of forum or the authorisation contained in the trust deed to choose the forum only has to be followed if it is made in writing or in any other form which permits it to be evidenced by text. unless otherwise provided, a choice of forum is exclusive. article 5 paragraph 2 applies by analogy.2 the chosen court may not decline jurisdiction:a. if one of the parties, the trust or one of the trustees is domiciled, habitually resident or has an establishment in the canton where the court is located, orb. if a major share of the assets of the trust are located in switzerland.3 where there is no valid choice of forum, or if the choice of forum is not exclusive, jurisdiction shall lie with the swiss courts:a. at the domicile or, in the absence of a domicile, at the habitual residence of the defendant;b. at the seat of the trust; orc. for claims arising out of the operations of an establishment in switzerland, at the location of that establishment.4 disputes regarding liability arising out of the public issue of equity or debt securities may also be brought before the swiss courts at the place of issue. this jurisdiction may not be excluded by a choice of forum.iii. applicable law art. 149c 1 the law applicable to trusts is governed by the hague convention of 1 july 198572 on the law applicable to trusts and on their recognition.2 the law designated by the convention shall also apply when the convention does not apply pursuant to its article 5 or when a state is not bound to recognise a trust pursuant to article 13 of the convention.72 sr 0.221.371iv. special rules concerning publicity art. 149d 1 where the assets of the trust are registered in the name of the trustee in the land register, the ships register or the aircraft register, reference to the trust relationship can be made by adding a note.2 trust relationships affecting intellectual property rights registered in switzerland shall be recorded on request in the relevant register.3 a trust relationship that is not noted or recorded is not enforceable against third parties acting in good faith.art. 149ev. foreign decisions1 foreign decisions on matters concerning trust law are recognised in switzerland:a. if they were rendered by a court that was validly designated pursuant to article 149b paragraph 1;b. if they were rendered in the state in which the defendant was domiciled, habitually resident or had their establishment;c. if they were rendered in the state in which the trust had its seat; d. if they were rendered in the state whose law applies to the trust; ore. if they are recognised in the state in which the trust has its seat, provided the defendant was not domiciled in switzerland.2 article 165 paragraph 2 applies by analogy to foreign decisions relating to claims regarding public issues of equity or debt securities based on prospectuses, circulars or similar publications.71 sr 0.221.371chapter 10 companies i. definitions art. 150 1 for the purposes of this act, a company is any organised association of persons and any organised unit of assets.2 simple partnerships that have not provided themselves with an organisation are governed by the provisions of this act relating to the law applicable to contracts (art. 116 et seq.).ii. jurisdiction 1. in general art. 151 1 in disputes concerning company law, the swiss courts at the seat of the company have jurisdiction to hear actions against the company, its shareholders or members, or persons liable under company law.2 actions against shareholders or members or against persons liable under company law may also be brought before the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant.3 disputes regarding liability arising out of the public issue of equity or debt securities may also be brought before the swiss courts at the place of issue. this jurisdiction may not be excluded by a choice of forum.4 .73 73 inserted by annex 1 no ii 18 of the civil procedure code of 19 dec. 2008 (as 2010 1739; bbl 2006 7221). repealed by no ii 2 of the fa of 28 sept. 2012, with effect from 1 may 2013 (as 2013 1103; bbl 2011 6873).2. liability for a foreign company art. 152 the following courts have jurisdiction to hear actions against a person liable under article 159 or against the foreign company for which such person is acting:a. the swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant; orb. the swiss courts at the place where the company is administered in fact.3. protective measures art. 153 for measures intended to protect assets in switzerland of a company with seat abroad, the swiss judicial or administrative authorities at the place where the assets are located have jurisdiction.iii. applicable law 1. in general art. 154 1 companies are governed by the law of the state under which they are organised, provided they fulfil the publicity or registration requirements of that law or, where such requirements do not exist, if they have organised themselves pursuant to the law of that state.2 a company which does not fulfil these requirements is governed by the law of the state in which it is administered in fact.2. scope of the applicable law art. 155 subject to articles 156 to 161, the law applicable to a company governs in particular:a. the legal nature of the company;b. its establishment and dissolution;c. its legal capacity and capacity to act;d. its name or business name;e. its organisation;f. the internal relationships, including the relationships between the company and its members;g. liability for violation of company law;h. liability for the debts of the company;i. the power of representation of the persons acting on behalf of the company according to its organisation.iv. special connecting factors 1. claims arising from public issues of equity or debt securities art. 156 claims regarding public issues of equity or debt securities based on prospectuses, circulars or similar publications may be based on either the law applicable to the company or the law of the state where the instruments were issued.2. protection of the name and business name art. 157 1 the protection of the name or business name of companies registered in the swiss commercial register against infringements in switzerland is governed by swiss law.2 the protection of the name or business name of a company which is not registered in the swiss commercial register is governed by the law applicable to unfair competition (art. 136) or the law applicable to infringements of personality rights (art. 132, 133 and 139).3. restrictions of the power of representation art. 158 a company may not invoke restrictions of the power of representation of a body or a representative that are unknown in the law of the state where the other party has its establishment or habitual residence, unless the other party knew or should have known of these restrictions.4. liability for a foreign company art. 159 if the operations of a company established under a foreign law are managed in or from switzerland, the liability of the persons acting on behalf of that company is governed by swiss law.v. branches of foreign companies in switzerland art. 160 1 a company which has its seat abroad may have a branch in switzerland. the branch is governed by swiss law.2 the power of representation of the branch is governed by swiss law. at least one of the persons authorised to represent the branch must be domiciled in switzerland and registered in the swiss commercial register.3 the federal council adopts the implementing regulations concerning mandatory registration in the commercial register.vi. transfer, merger, demerger and transfer of assets and liabilities 1. transfer of a company from abroad to switzerland a. in general74 74 amended by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).art. 161 1 a foreign company may subject itself to swiss law without being liquidated or re-established, provided this is allowed under the foreign law governing the company. the company must meet the requirements of its foreign law and must be able to adapt itself to one of the forms of organisation of swiss law.2 the federal council may authorise a company to subject itself to swiss law even where the requirements of its foreign law are not met, particularly if significant swiss interests are at stake.b. effective date75 75 amended by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).art. 162 1 a company that is required under swiss law to register in the commercial register is governed by swiss law as soon as it proves that the centre of its business activities has been transferred to switzerland and that it has adapted itself to one of the forms of organisation of swiss law.2 a company that is not required under swiss law to register in the commercial register is governed by swiss law as soon as its intent to be governed by swiss law appears clearly, it has a sufficient connection with switzerland, and it has adapted itself to one of the forms of organisation of swiss law.3 before its registration in the commercial register, a company with a share capital must prove that its capital is covered in accordance with swiss law by producing a report issued by a licensed audit expert within the meaning of the auditor oversight act of 16 december 200576.77 76 sr 221.30277 amended by annex no 4 of the fa of 16 dec. 2005 (llc law and amendments to the laws on companies, cooperatives, the commercial register and commercial names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).2. transfer of a company from switzerland abroad art. 16378 1 a swiss company may subject itself to a foreign law without being liquidated or re-established, provided it meets the requirements of swiss law and continues to exist under the foreign law.2 the creditors must be invited to file their claims by public notification announcing the forthcoming change of the legal status of the company. article 46 of the mergers act of 3 october 200379 applies by analogy.3 the provisions relating to protective measures in the event of international conflicts within the meaning of article 61 of the national economic supply act of 8 october 198280 are reserved.78 amended by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).79 sr 221.30180 [as 1983 931, 1992 288 annex no 24, 1995 1018 1794, 1996 3371 annex 2 no 1, 2001 1439, 2006 2197 annex no 48, 2010 1881 annex 1 no ii 18, 2012 3655 no i 15. as 2017 3097 annex 2 no i]. now: national economic supply act of 17 june 2016 (sr 531).3. merger a. merger from abroad to switzerland art. 163a81 1 a swiss company may acquire a foreign company (absorption by immigration) or form a new swiss company with a foreign company (combination by immigration), provided the law governing the foreign company permits such a merger and all the requirements of that law are met.2 all other aspects of the merger are governed by swiss law.81 inserted by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).b. merger from switzerland abroad art. 163b82 1 a foreign company may acquire a swiss company (absorption by emigration) or form a new foreign company with a swiss company (combination by emigration), provided the swiss company can prove that:a. all of its assets and liabilities will be transferred to the foreign company with the merger; andb. the equity and membership rights will be adequately maintained in the foreign company.2 the swiss company must comply with all provisions of swiss law applicable to the transferring company.3 the creditors must be invited to file their claims by public notification announcing the forthcoming merger. article 46 of the mergers act of 3 october 200383 applies by analogy.4 all other aspects of the merger are governed by the law applicable to the foreign acquiring company.82 inserted by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).83 sr 221.301c. merger agreement art. 163c84 1 the merger agreement must comply with the mandatory company law provisions of the laws governing the companies involved, including the provisions concerning form.2 all other aspects of the merger agreement are governed by the law chosen by the parties. in the absence of a choice of law, the merger agreement is governed by the law of the state with which the agreement has the closest connection. such a connection is presumed to exist with the state whose law governs the acquiring company.84 inserted by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).4. demerger and transfer of assets and liabilities art. 163d85 1 the provisions of this act relating to mergers of companies apply by analogy to demergers of companies and to transfers of assets and liabilities involving a swiss company and a foreign company. article 163b paragraph 3 does not apply to the transfer of assets and liabilities.2 all other aspects of demergers and transfers of assets and liabilities are governed by the law applicable to the company being demerged or to the company transferring its assets and liabilities to another legal entity.3 the law governing the company being demerged is presumed to apply to the division agreement under the conditions of article 163c paragraph 2. the same applies, by analogy, to the transfer of assets and liabilities agreement.85 inserted by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).5. common provisions a. deregistration from the commercial register art. 16486 1 the registration of a company in the swiss commercial register may be deleted only if a report drawn up by a licensed audit expert confirms that the claims of the creditors have either been secured or satisfied in accordance with article 46 of the mergers act of 3 october 200387, or that the creditors have agreed to the cancellation of the registration.882 if a foreign company acquires a swiss company, or if it forms a new foreign company with a swiss company, or if a swiss company is demerged into foreign companies, the following additional requirements apply:a. it needs to be proven that the merger or demerger has become legally valid pursuant to the law applicable to the foreign company; andb.89 a licensed audit expert needs to confirm that the foreign company has granted the members of the swiss company the equity or membership rights to which they are entitled, or that the company has made or secured compensatory payments in their favour.86 amended by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).87 sr 221.30188 amended by annex no 4 of the fa of 16 dec. 2005 (llc law and amendments to the laws on companies, cooperatives, the commercial register and commercial names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).89 amended by annex no 4 of the fa of 16 dec. 2005 (llc law and amendments to the laws on companies, cooperatives, the commercial register and commercial names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).b. place of debt enforcement and place of jurisdiction art. 164a90 1 if a foreign company acquires a swiss company or forms a new foreign company with a swiss company, or if a swiss company is demerged into foreign companies, an action requesting the examination of the equity or membership rights pursuant to article 105 of the mergers act of 3 october 200391 may also be brought before the courts at the swiss seat of the transferring entity.2 the place of debt enforcement and the place of jurisdiction in switzerland remain valid for so long as the creditors and the shareholders have not been satisfied or their claims secured.90 inserted by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).91 sr 221.301c. transfer, merger, demerger and transfer of assets and liabilities abroad art. 164b92 the submission of a foreign company to another foreign law as well as a merger, a demerger or a transfer of assets and liabilities between foreign companies are recognised in switzerland, provided it is valid pursuant to the foreign laws concerned.92 inserted by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).vii. foreign decisions93 93 amended by annex no 4 of the mergers act of 3 oct. 2003, in force since 1 july 2004 (as 2004 2617; bbl 2000 4337).art. 165 1 foreign decisions relating to claims concerning company law are recognised in switzerland:a. if they were rendered or are recognised in the state of the seat of the company, provided the defendant was not domiciled in switzerland; orb. if they were rendered in the state of the defendant's domicile or habitual residence.2 foreign decisions relating to claims concerning public issues of equity or debt securities based on prospectuses, circulars or similar publications are recognised in switzerland if they were rendered in the state in which the equity or debt securities were issued, provided the defendant was not domiciled in switzerland.chapter 11 bankruptcy and composition i. recognition art. 16694 1 a foreign bankruptcy decree shall be recognised in switzerland on application of the bankruptcy administrator, the debtor or a creditor if:a. the decision is enforceable in the state where it was issued;b. there is no ground to deny recognition under article 27; and c. the decision was issued:1. in the debtor's state of domicile, or2. in the state of the centre of the debtor's main interests, provided the debtor was not domiciled in switzerland when the foreign proceedings were opened.2 if the debtor has a branch in switzerland, the procedure provided for in article 50 paragraph 1 of the federal act of 11 april 188995 on debt enforcement and bankruptcy (deba) is permitted until the publication of the decision on recognition in accordance with article 169 of this act.3 where proceedings under article 50 paragraph 1 deba have already been opened and the deadline under article 250 deba has not expired, these proceedings shall be abandoned following recognition of the foreign bankruptcy decree. claims already filed shall be included in the schedule of claims for the auxiliary bankruptcy proceedings in accordance with article 172. the accrued procedural costs are deferred to the auxiliary bankruptcy proceedings.94 amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).95 sr 281.1ii. procedure 1. jurisdiction art. 167 1 where the debtor has a branch in switzerland registered in the commercial register, the application for the recognition of a foreign bankruptcy decree must be filed in the court at the location of its seat. in all other cases, the application must be filed in the court at the location of the assets in switzerland. article 29 applies by analogy.962 where the debtor has two or more branches or if there are assets in more than one location, the court where an application was filed first has exclusive jurisdiction.973 the claims of the bankrupt debtor are deemed to be located at the domicile of his or her debtor.96 amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).97 amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).2. conservatory measures art. 168 as from the filing of the application for recognition of the foreign bankruptcy decree, the court may, at the request of the applicant, order conservatory measures as provided for in articles 162 to 165 and 170 deba98,99.98 sr 281.199 term in accordance with no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125). this has been amended throughout the text.3. publication art. 169 1 the decision on the recognition of a foreign bankruptcy decree shall be published.2 the decision shall be communicated to the debt enforcement and bankruptcy office, the land registry, and the commercial registry at the place where the assets are located and, where appropriate, to the swiss federal institute of intellectual property100. the same applies to decisions concluding or staying the auxiliary bankruptcy proceedings, the decision to revoke the bankruptcy, and the decision to abstain from auxiliary bankruptcy proceedings.101100 name in accordance with an unpublished fcd of 19 dec. 1997.101 sentence amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).iii. legal effects 1. in general art. 170 1 unless otherwise provided in this act, the recognition of a foreign bankruptcy decree subjects the debtor's assets located in switzerland to the legal consequences of bankruptcy according to swiss law.2 the limitation periods under swiss law start to run from the publication of the decision granting recognition.3 the bankruptcy shall be conducted by summary procedure unless the foreign bankruptcy administrator or a creditor in accordance with article 172 paragraph 1 requests the bankruptcy office to conduct the ordinary procedure before the distribution of the available assets and provides sufficient security for the anticipated unrecoverable costs.102102 amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).2. avoidance claims art. 171 1 an avoidance claim is governed by articles 285 to 292 deba103. it may also be initiated by the foreign bankruptcy administrator or by a creditor entitled to bring such action.2 the deadlines provided for in articles 285-288a und 292 deba are calculated on the basis of the date on which the foreign bankruptcy proceedings were opened.104103 sr 281.1104 inserted by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).3. schedule of claims art. 172 1 the schedule of claims shall only include:a. the secured claims listed in article 219 deba105;b. the unsecured but privileged claims of creditors who have their domicile in switzerland; andc. the claims arising from liabilities incurred for the account of a debtor's branch registered in the commercial register.1062 only the creditors mentioned in paragraph 1 and the foreign bankruptcy administrator may bring the action to contest the schedule of claims as provided in article 250 deba.1073 if a creditor has already been satisfied in part in foreign proceedings connected with the bankruptcy, the amount thus obtained shall be imputed, after deduction of the costs incurred, on the dividend to be paid to such creditor in the swiss proceedings.105 sr 281.1106 amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).107 amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).4. distribution a. recognition of the foreign schedule of claims art. 173 1 after distribution of the proceeds in accordance with article 172 paragraph 1, any balance shall be remitted to the foreign bankruptcy estate or to those creditors that are entitled to it.2 the balance may only be remitted after recognition of the foreign schedule of claims.3 the swiss court that has jurisdiction to recognise the foreign bankruptcy decree also has jurisdiction to recognise the foreign schedule of claims. this court shall review in particular whether the creditors domiciled in switzerland have been included fairly in the foreign schedule of claims. these creditors shall be heard.b. non-recognition of a foreign schedule of claims art. 174 1 if a foreign schedule of claims is not recognised, the balance is distributed among the creditors of the third class according to article 219 paragraph 4 deba108 provided they are domiciled in switzerland.1092 the same applies if the schedule of claims is not filed for recognition within the time-limit set by the court.108 sr 281.1109 amended by annex no 22 of the fa of 16 dec. 1994, in force since 1 jan. 1997 (as 1995 1227; bbl 1991 iii 1).5. abstention from auxiliary bankruptcy proceedings art. 174a110 1 at the request of the foreign bankruptcy administrator, it may be decided not to conduct auxiliary bankruptcy proceedings if no claims in the sense of article 172 paragraph 1 have been filed.2 where creditors domiciled in switzerland have filed claims other than those mentioned in article 172 paragraph 1, the court may decide not to conduct auxiliary bankruptcy proceedings if appropriate account is taken of these creditors' claims in the foreign proceedings. these creditors shall be heard.3 the court may make its abstention subject to conditions and requirements.4 where the court decides not to conduct auxiliary bankruptcy proceedings, the foreign bankruptcy administrator may, subject to swiss law, exercise all powers to which he or she is entitled under the law of the state in which the bankruptcy proceedings were opened; he or she may in particular transfer assets abroad and conduct litigation. these powers do not include the performance of sovereign acts, the use of coercive measures or the right to settle disputes.110 inserted by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).iiibis. coordination art. 174b111 in proceedings that have a factual connection the authorities and bodies concerned may coordinate their activities among themselves and with foreign authorities and bodies.111 inserted by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).iiiter. recognition of foreign decisions on avoidance claims and similar decisions art. 174c112 foreign judgments on avoidance claims or otherwise relating to acts prejudicial to creditors, which are closely connected with a bankruptcy decree recognised in switzerland, shall be recognised in accordance with articles 25-27 if they were rendered or are recognised in the state of origin of the bankruptcy decree and the defendant was not domiciled in switzerland.112 inserted by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).iv. composition and similar procedures. recognition art. 175 a composition or a similar procedure approved by a foreign authority shall be recognised in switzerland. articles 166-170 and 174a-174c apply by analogy.113 creditors domiciled in switzerland shall be heard.113 sentence amended by no i of the fa of 16 march 2018, in force since 1 jan. 2019 (as 2018 3263; bbl 2017 4125).chapter 12 international arbitration i. scope of application. seat of the arbitral tribunal art. 176 1 the provisions of this chapter apply to arbitral tribunals that have their seat in switzerland if, at the time that the arbitration agreement was concluded, at least one of the parties thereto did not have its domicile, its habitual residence or its seat in switzerland.1142 the parties may exclude the application of this chapter by making a declaration to this effect in the arbitration agreement or a subsequent agreement, and instead agree that the provisions of the third part of the cpc115 apply. the declaration must be in the form specified in article 178 paragraph 1.1163 the seat of the arbitral tribunal is determined by the parties, or the arbitration institution designated by them, or, failing both, by the arbitral tribunal117 itself.114 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).115 sr 272116 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).117 term in accordance with no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).ii. arbitrability art. 177 1 any claim involving an economic interest may be submitted to arbitration.2 a state, or an enterprise held by or an organisation controlled by a state, that is party to an arbitration agreement, may not invoke its own law in order to contest its capacity to arbitrate or the arbitrability of a dispute covered by the arbitration agreement. iii. arbitration agreement and arbitration clause118 118 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).art. 178 1 the arbitration agreement must be made in writing or any other means of communication allowing it to be evidenced by text.1192 as regards its substance, an arbitration agreement is valid if it conforms either to the law chosen by the parties, to the law governing the subject-matter of the dispute, in particular the law governing the main contract, or to swiss law.3 the validity of an arbitration agreement may not be contested on the grounds that the main contract is invalid or that the arbitration agreement concerns a dispute which has not yet arisen.4 the provisions of this chapter apply by analogy to an arbitration clause in a unilateral transaction or in articles of association.120119 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).120 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).iv. members of the arbitral tribunal 1. appointment and replacement art. 179121 1 the members of the arbitral tribunal shall be appointed or replaced in accordance with the agreement between the parties. unless the parties agree otherwise, the arbitral tribunal shall comprise three members, with the parties each appointing one member; the members shall appoint a chairperson by unanimous decision.2 in the absence of an agreement or if the members of the arbitral tribunal cannot be appointed or replaced for other reasons, the state court where the arbitral tribunal has its seat may be seized. if the parties have not agreed on a seat or only agreed that the seat of the arbitral tribunal be in switzerland, the first state court seized has jurisdiction.3 where a state court is called upon to appoint a member of the arbitral tribunal, it shall make the appointment unless a summary examination shows that no arbitration agreement exists between the parties.4 the state court shall at the request of a party take the measures required to appoint the arbitral tribunal in the event that the parties or members of the arbitral tribunal do not fulfil their obligations within 30 days of being requested to do so. 5 in the case of a multiple-party dispute, the state court may appoint all the members of the arbitral tribunal.6 a person who is asked to become a member of the arbitral tribunal shall without delay disclose the existence of circumstances that could give rise to legitimate doubt as to his or her independence or impartiality. this obligation applies throughout the entire proceedings.121 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).2. challenging members of the arbitral tribunals a. grounds122 122 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).art. 180 1 a member of the arbitral tribunal may be challenged:123a. if they lack the qualifications agreed by the parties;b. if there is a ground for challenge in accordance with the rules of arbitration adopted by the parties; orc.124 if circumstances exist that give rise to legitimate doubt as to his or her independence or impartiality.2 a party may challenge a member of the arbitral tribunal who has been appointed by that party or in whose appointment that party has participated only on grounds that have come to their attention after the appointment despite exercising due diligence.1253 .126123 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).124 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).125 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).126 repealed by no 1 of the fa of 19 june 2020, with effect from 1 jan. 2021 (as 2020 4179; bbl 2018 7163).b. procedure art. 180a127 1 unless the parties have agreed otherwise and if the arbitration proceedings have not yet been concluded, written notice of the challenge stating the grounds must be given to the challenged member of the arbitral tribunal and the other members of the arbitral tribunal within 30 days of the date on which the challenging party becomes aware of the grounds for the challenge or could have become aware thereof had it exercised due diligence.2 the challenging party may within 30 days of filing the challenge request the state court to reject the challenged member. the state court's decision is final.3 during the challenge procedure, the arbitral tribunal may continue the proceedings without excluding the challenged member until the decision is taken, unless the parties have agreed otherwise.127 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).3. removal art. 180b128 1 any member of the arbitral tribunal may be removed with the agreement of the parties. 2 if a member of the arbitral tribunal is unable to carry out his or her duties within a reasonable time or with due care, and unless the parties have agreed otherwise, any party may file a written request with the state court for the member to be removed, stating the grounds. the state court's decision is final.128 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).v. lis pendens art. 181129 the arbitral proceedings become pending from the time when one of the parties submits its request to the member of the arbitral tribunal designated in the arbitration agreement or, in the absence of such designation, from the time when one of the parties initiates the procedure for the appointment of the arbitral tribunal.129 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).vi. procedure 1. in general art. 182 1 the parties may determine the arbitral procedure, either themselves or by reference to arbitration rules; they may also make the procedure subject to a procedural law of their choice.1302 where the parties have not determined the procedure, the arbitral tribunal shall determine it to the extent necessary, either directly or by reference to a law or to arbitration rules.3 regardless of the procedure chosen, the arbitral tribunal shall guarantee the equal treatment of the parties and their right to be heard in adversarial proceedings.4 a party that continues with the arbitration proceedings without objecting immediately to a breach of the rules of procedure of which it is aware or which it would have been aware had it exercised due diligence may not invoke this breach at a later point in the proceedings.131130 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).131 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).2. interim and conservatory measures art. 183 1 unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order interim measures or conservatory measures.2 if the party concerned does not comply voluntarily with the measure ordered, the arbitral tribunal or a party may request the assistance of the competent court. the court shall apply its own law.1323 the arbitral tribunal or the state court133 may make the interim or conservatory measures subject to the provision of appropriate security.132 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).133 term in accordance with no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163). this amendment has been made throughout the text.3. taking of evidence art. 184 1 the arbitral tribunal takes the evidence itself.2 where state legal assistance is required for the taking of evidence, the arbitral tribunal or a party with the consent of the arbitral tribunal may request the participation of the state court at the seat of the arbitral tribunal.1343 the state court shall apply its own law. on request, it may apply or take account of other forms of procedure.135134 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).135 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).4. other assistance by a state court art. 185 if any further assistance by a state court is required, the court at the seat of the arbitral tribunal has jurisdiction.5. participation of the state court in foreign arbitration proceedings art. 185a136 1 an arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may request the state court at the place where the interim or conservatory measure is to be executed to participate. article 183 paragraphs 2 and 3 apply by analogy.2 an arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may with consent of the arbitral tribunal request the state court where evidence is to be taken to participate. article 184 paragraphs 2 and 3 apply by analogy.136 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).vii. jurisdiction art. 186 1 the arbitral tribunal shall decide on its own jurisdiction.1bis it shall decide on its jurisdiction without regard to any action having the same subject matter that is already pending between the same parties before a state court or another arbitral tribunal, unless there are substantial grounds for a stay in proceedings.1372 any objection to its jurisdiction must be raised prior to any defence on the merits.3 the arbitral tribunal shall, in general, decide on its jurisdiction by a preliminary decision.137 inserted by no i of the fa of 6 oct. 2006 (arbitration, jurisdiction), in force since 1 march 2007 (as 2007 387; bbl 2006 4677 4691).viii. decision on the merits 1. applicable law138 138 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).art. 187 1 the arbitral tribunal shall decide the dispute according to the rules of law chosen by the parties or, in the absence of such a choice, according to the rules of law with which the case has the closest connection.1392 the parties may authorise the arbitral tribunal to decide ex aequo et bono.139 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).2. partial award art. 188 unless the parties have agreed otherwise, the arbitral tribunal may render partial awards.3. procedure and form140 140 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).art. 189 1 the arbitral award shall be rendered in conformity with the procedure and form agreed by the parties.2 in the absence of such an agreement, the award shall be made by a majority decision or, in the absence of a majority, by the chairperson. it shall be in writing, reasoned, dated and signed. the signature of the chairperson141 suffices.141 term in accordance with no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).4. correcting, explaining and supplementing the award art. 189a142 1 unless the parties have agreed otherwise, either party may apply to the arbitral tribunal within 30 days of the award being communicated to correct typographical and accounting errors in the award, explain specific parts of the award or issue a supplementary award in relation to claims made in the arbitration proceedings that were not considered in the award. the arbitral tribunal may itself make corrections, explanations or additions within the same deadline.2 the application does not affect the deadlines for filing appeals. a new period for filing an appeal in relation to the corrected, explained or supplemented part of the award begins from the date on which notice of the correction, explanation or supplement is given.142 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).ix. finality. action to set aside 1. in general143 143 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).art. 190 1 the award is final from the time when it is communicated.2 an arbitral award may be set aside only:a. where the sole member of the arbitral tribunal144 was improperly appointed or the arbitral tribunal improperly constituted;b. where the arbitral tribunal wrongly accepted or denied jurisdiction;c. where the arbitral tribunal ruled beyond the claims submitted to it, or failed to decide one of the claims;d. where the principle of equal treatment of the parties or their right to be heard in an adversary procedure were violated;e. where the award is incompatible with public policy.3 as regards preliminary awards, setting aside proceedings may only be initiated on the grounds of the above paragraphs 2(a) and 2(b); the time-limit runs from the communication of the award.4 the deadline for filing the appeal amounts to 30 days from the award being communicated.145144 term in accordance with no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).145 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).2. review art. 190a146 1 a party may request a review of an award if:a. it has subsequently become aware of significant facts or uncovered decisive evidence which it could not have produced in the earlier proceedings despite exercising due diligence; the foregoing does not apply to facts or evidence that came into existence after the award was issued;b. criminal proceedings have established that the arbitral award was influenced to the detriment of the party concerned by a felony or misdemeanour, even if no one is convicted by a criminal court; if criminal proceedings are not possible, proof may be provided in some other manner;c. a ground for a challenge under article 180 paragraph 1 letter c only came to light after conclusion of the arbitration proceedings despite exercising due diligence and no other legal remedy is available.2 the request for a review must be filed within 90 days of the grounds for review coming to light. a review may not be requested more than ten years after the award becomes legally binding, except in the case of paragraph 1 letter b.146 inserted by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).3. only appeal authority art. 191147 the only appeal authority is the swiss federal supreme court. the procedures are governed by articles 77 and 119a of the federal supreme court act of 17 june 2005148.147 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).148 sr 173.110x. exclusion agreement art. 192 1 if none of the parties has their domicile, habitual residence or seat in switzerland, they may, by a declaration in the arbitration agreement or by subsequent agreement, wholly or partly exclude all appeals against arbitral awards; they may limit such proceedings to one or several of the grounds listed in article 190 paragraph 2; the right to a review under article 190a paragraph 1 letter b may not be waived. the agreement requires the form specified in article 178 paragraph 1.1492 where the parties have excluded all setting aside proceedings and where the awards are to be enforced in switzerland, the new york convention of 10 june 1958150 on the recognition and enforcement of foreign arbitral awards applies by analogy.149 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).150 sr 0.277.12xi. deposit and certificate of enforceability151 151 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).art. 193 1 each party may at its own expense deposit a copy of the award with the state court at the seat of the arbitral tribunal.1522 at the request of a party, the state court at the seat of the arbitral tribunal shall certify the enforceability of the award.1533 at the request of a party, the arbitral tribunal shall certify that the award has been made in conformity with the provisions of this act; such certificate has the same effect as the deposit of the award.152 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).153 amended by no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4179; bbl 2018 7163).xii. foreign arbitral awards art. 194 the recognition and enforcement of foreign arbitral awards is governed by the new york convention of 10 june 1958154 on the recognition and enforcement of foreign arbitral awards.154 sr 0.277.12chapter 13 final provisions section 1 repeal and amendment of current legislation art. 195 the current legislation that is repealed or amendments thereto are listed in the annex, which forms part of this act.section 2 transitional provisions i. non-retroactivity art. 196 1 facts or legal acts which came into being and produced all their effects before the commencement of this act are governed by the law previously in force.2 facts or legal acts which came into being before the commencement of this act, but which continue to produce legal effects, are governed by the law previously in force for the period prior to the commencement date. their effects beyond that date are governed by this act.ii. transitional provisions 1. jurisdiction art. 197 1 the swiss judicial or administrative authorities validly seized of actions or applications made before the commencement of this act shall continue to have jurisdiction even if this act does no longer provide for their jurisdiction.2 it is possible to bring again, after the commencement of this act, actions or applications dismissed for lack of jurisdiction by the swiss judicial or administrative authorities before that date if the jurisdiction of a swiss court or authority is provided for in this act and the claim may still be asserted.2. applicable law art. 198 this act determines the law to be applied to actions and applications pending at first instance on the date of its commencement.3. recognition and enforcement art. 199 applications for the recognition or enforcement of foreign decisions pending on the commencement of this act are governed by this act as regards the conditions for recognition and enforcement.section 3 referendum and commencement art. 200 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1. january 1989155 155 dcd of 27 oct. 1988.annex repeal and amendment of current federal legislation i. repeal of current federal legislation the following are repealed:a. the federal act of 25 june 1891156 on the civil law status of immigrants and temporary residents;b. article 418b paragraph 2 of the code of obligations157;c. article 14 of the final and transitional provisions to the code of obligations;d. article 85 of the road traffic act of 19 december 1958158;e. article 30 of the federal act of 26 september 1890159 on the protection of manufacturers' and trade marks, designations of origin of goods and commercial brands;f. article 14 paragraph 3 of the federal act of 30 march 1900160 on industrial designs and models;g. article 41 paragraph 2 of the federal act of 20 march 1975161 on the protection of plant varieties.156 [bs 2 737; as 1972 2819 no ii 1, 1977 237 no ii 1, 1986 122 no ii 1]157 sr 220158 sr 741.01159 [bs 2 845; as 1951 903 art. 1, 1971 1617, 1992 288 annex no 8. as 1993 274 art. 74]160 [bs 2 881; as 1962 459, 1988 1776 annex no i let. f, 1992 288 annex no 9, 1995 1784 5050 annex no 3. as 2002 1456 annex no 1]161 sr 232.16ii. amendment of current federal legislation .162162 the amendments may be consulted under as 1988 1776.

363english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.federal act on the use of dna profiles in criminal proceedings and for identifying unidentified or missing persons(dna profiles act)of 20 june 2003 (status as of 1 october 2016)the federal assembly of the swiss confederation,on the basis of articles 119 and 123 paragraph 1 of the federal constitution1,and having considered the federal council dispatch dated 8 november 20002,decrees:1 sr 1012 bbl 2001 29section 1 general provisions art. 1 subject matter and purpose 1 this act regulates:a.the use of dna profiles in criminal proceedings;b.the processing of dna profiles in a federal information system;c.the use of dna profiling to identify unidentified, missing or deceased persons outside of criminal proceedings.32 the main purpose of this act is to improve the efficiency of criminal prosecution procedures, in particular:a.by using dna profiling:1.to identify suspects and exonerate other persons from suspicion,2.to detect more rapidly links between criminal offences and thus identify, in particular, criminal groups operating on an organised basis as well as serial and repeat offenders, by systematically evaluating biological material,3.to facilitate the establishment of the facts;b.by enabling dna profiling within the scope of mutual assistance and administrative assistance in police matters.3 .43 amended by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).4 repealed by annex no 3 of the juvenile criminal procedure code of 20 march 2009, with effect from 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).art. 1a5 scope of application if the prosecution or adjudication of an offence is regulated by the criminal procedure code of 5 october 20076, the provisions in section 2 of this act relating to criminal procedure do not apply.5 inserted by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).6 sr 312.0art. 2 dna profile and use 1 a dna profile is a combination of letters and numbers unique to an individual that is obtained from the non-coding parts of dna genetic material with the help of molecular biology techniques.2 dna analysis may only be used to determine the gender of the person concerned; it may not be used to determine their health or other personal characteristics. 3 a dna profile and its underlying analysis material may not be used for any purposes other than those provided for under this act (art. 1). section 2 taking samples and dna analysis art. 3 taking samples and dna analysis in criminal proceedings 1 to investigate a felony or a misdemeanour, a sample, for example a buccal swab, may be taken for the purpose of dna analysis from the following persons (persons concerned):a.suspects;b.other persons, in particular victims or persons authorised to be at the scene of a crime, if this is necessary to distinguish their traces from those of suspects.2 in mass testing conducted to solve a felony, a sample, for example a buccal swab, may be taken for the purpose of dna analysis from persons who have certain features that have been identified in connection with the commission of the crime, in order to be able to identify them as, or exclude them from being, the possible perpetrator.3 except in the case of mass testing, the sample will not be analysed until it is clear that the conditions for registering the dna profile in the information system have been met (art. 11).art. 4 collecting trace evidence and taking samples from deceased persons a dna profile is generated from biological material (trace evidence) relevant to a crime and from samples taken from deceased persons if there is a firm indication that this may help to solve a felony or a misdemeanour.art. 5 taking samples and dna analysis in the case of convicted persons immediately on a conviction taking legal effect, a sample may be taken from and a dna profile generated for persons:a.7who have been sentenced to a custodial sentence or measure of more than one year for wilfully committing a felony;b.who have been convicted of wilfully committing a felony or a misdemeanour against life and limb or sexual integrity; orc.8who have been ordered to undergo a therapeutic measure (art. 59-63 of the swiss criminal code, scc9), indefinite incarceration (art. 64 scc) or a placement (art. 15 of the juvenile criminal code of 20 june 200310).7 amended by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).8 amended by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).9 sr 311.010 sr 311.1art. 6 identification outside criminal proceedings 1 if identification is not possible by other means, a dna profile of the following persons may be generated outside criminal proceedings:a.deceased persons;b.persons who due to age, accident, permanent illness, disability, physical disorder or disturbance of consciousness are unable to provide information on their identity.2 biological material from these persons may also be analysed if this can help to identify them.3 biological material from missing persons may be analysed for their later identification.4 dna profiles of presumed relatives of the person to be identified may be generated for comparison purposes if they give their written consent.art. 7 ordering authorities 1 police, law enforcement services and criminal courts (ordering authorities) may order:a.the non-invasive taking of a sample from persons (art. 3 para. 1) and the analysis of the sample in order to generate a dna profile;b.the analysis of trace evidence and of samples from deceased persons in order to generate a dna profile (art. 4).2 if the police order a sample to be taken, they shall notify the person concerned of their right to contest this decision with the investigating authority. if the order is contested, a sample will only be taken if the investigating authority upholds the decision. 3 judicial authorities decide on:a.conducting mass testing (art. 3 para. 2);b.taking an invasive sample and analysing the sample to generate a dna profile.4 the judicial authority concerned decides on the taking and analysis of a sample for generating a dna profile of persons who have been convicted (art. 5).5 if a different investigating authority is responsible for identification in the cases defined in article 6, that authority may also order a sample to be taken and analysed in order to generate a dna profile.section 3 dna analysis arrangements art. 8 dna analysis 1 the federal department of justice and police (department) decides which laboratories are authorised to conduct dna analyses under this act.2 the ordering authority shall have the analysis carried out in a laboratory authorised in accordance with paragraph 1.3 the sample is anonymised using a process control number, which is also used for personal data and other identification data (photos, fingerprints).4 besides the sample, the laboratory is given only the data it requires for generating the dna profile and assessing its probative value, namely details of the race of the person concerned, of the location of the crime and of the location where the trace evidence was found.art. 9 destroying samples 1 the ordering authority shall arrange to have the sample taken from a person destroyed:a.if a dna profile of that person has already been generated;b.three months after the sample has been taken if it has not arranged an analysis;c.if the person concerned can be ruled out as the perpetrator; ord.after identification of the person in the cases defined in article 6.2 the laboratory shall destroy the sample taken from a person as soon as the dna profile generated from it meets the qualitative requirements for inclusion in the dna profile information system (art. 10-13), but at the latest three months after the laboratory has received the sample.section 4 dna profile information system art. 10 basic principles 1 the dna profile information system facilitates the comparison of dna profiles for the purpose of law enforcement and the identification of unidentified or missing persons. 2 the information system is operated exclusively by the confederation.art. 11 registration in the information system 1 the dna profiles of the following shall be registered in the information system:a.persons suspected of committing or taking part in a felony or a misdemeanour (art. 3);b.convicted persons (art. 5);c.trace evidence and deceased persons (art. 4).2 the dna profiles of the following shall also be registered in the information system:a.unidentified living or deceased persons (art. 6 para. 1);b.biological material that can be attributed to missing persons (art. 6 para. 3);c.relatives of deceased or missing persons whose identification is required outside criminal proceedings (art. 6 para. 4).3 dna profiles transmitted from abroad as part of international co-operation and required in swiss proceedings (art. 13) shall be registered in the information system if one of the conditions defined under paragraphs 1 and 2 of this article is met.4 the dna profiles of the following shall not be registered in the information system:a.identified victims (art. 3 para. 1 let. b);b.persons authorised to be at the scene of a crime whose traces must be distinguished from those of perpetrators (art. 3 para. 1 let. b);c.persons who in mass testing have been excluded from being the perpetrator (art. 3 abs. 2);d.suspects who have been excluded from being the perpetrator of the felony or misdemeanour in question;e.persons who were involved in proceedings that have been abandoned.art. 12 responsible federal authority 1 the federal council shall designate the federal office responsible for the information system in accordance with the federal act of 19 june 199211 on data protection (federal office).2 authorised laboratories may be connected online with the information system. the department decides on the connection.11 sr 235.1art. 13 international cooperation 1 as part of interpol cooperation under articles 351ter and 351quinquies scc12, the federal office may forward foreign requests for the verification of dna profiles and submit swiss requests. 2 the provision of international cooperation is conditional on the conditions for taking samples complying with this act and on the comparability of the dna profiles.12 sr 311.0section 5 processing further data art. 14 1 the ordering authority shall provide the federal office with the known personal data, and with details of the location of the crime and where the trace evidence was found (additional data).2 the federal office shall process the additional data in an information system that is separate from the dna profile information system.3 the dna profiles are linked with the additional data using a process control number. the linking of profiles with the additional data may only be carried out by the federal office.section 6 data protection art. 15 right to information 1 before taking a sample, the ordering authority shall inform the person concerned about the registration of their dna profile in the information system, their right to information and the requirements for deletion.2 any person has the right to ask the federal office whether a dna profile is registered in the information system under their name. 3 articles 8 and 9 of the federal act of 19 june 199213 on data protection govern the right to, and the refusal, restriction or deferral of information.13 sr 235.1art. 16 deletion of the dna profiles of persons 1 the federal office shall delete the dna profiles of persons defined in articles 3 and 5:a.as soon as the person concerned can be excluded as the perpetrator during the proceedings;b.after the death of the person concerned;c.as soon as the relevant proceedings have been legally concluded with an acquittal;d.one year after proceedings have been definitively abandoned;e.14five years after expiry of the probationary period in the case of a suspended or partially suspended sentence;f.15 five years after the payment of a monetary penalty, after the completion of community service or after any related converted sentence has been served;g.16five years after issue of a reprimand, after payment of a fine or completion of a personal work order in accordance with articles 22-24 jcla17;h.18five years after the probationary period for the suspended execution of a fine, a personal work order or a custodial measure in accordance with article 35 jcla;i.19five years after the enforcement of a protection measure in accordance with articles 12-14 jcla;j.20ten years after the enforcement of a deprivation of liberty in accordance with article 25 jcla;k.21ten years after ending the enforcement of a placement in accordance with article 15 jcla;l.22ten years after the end of a prohibition from carrying on an activity or of a contact prohibition and exclusion order in accordance with article 67 and 67b scc23, articles 50 and 50b of the military criminal code of 13 june 192724 or article 16a jcla, unless the profile must be deleted at later date in accordance with paragraph 4.2 in the cases referred to in paragraph 1 letters c and d, the dna profile is not deleted if the perpetrator is acquitted or proceedings are abandoned due to an absence of legal responsibility.3 the federal office shall delete after 30 years all dna profiles that have not already been deleted in accordance with paragraph 1, unless the profile must be deleted at later date in accordance with paragraph 4.4 in cases involving a custodial sentence, indefinite incarceration, therapeutic measures or expulsion under article 66a or 66abis of the criminal code25 or article 49a or 49abis of the military criminal code of 13 june 192726, the federal office shall delete the dna profile 20 years after release from custody, after incarceration, after enforcement of the therapeutic measure or after expulsion.2714 amended by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).15 amended by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).16 inserted by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).17 sr 311.118 inserted by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).19 inserted by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).20 inserted by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).21 inserted by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).22 inserted by annex no 4 of the fa of 13 december 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055); bbl 2012 8819).23 sr 311.024 sr 321.025 sr 311.026 sr 321.027 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 fc on the deportation of criminal foreigners), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 17 deletions requiring authorisation 1 in cases where article 16 paragraphs 1 letters e-k and 4 apply, the federal office shall obtain the authorisation of the appropriate judicial authority.28 the judicial authority may refuse to grant authorisation if definite suspicion of a felony or a misdemeanour that is not time-barred remains, or if there is concern about a repeat offence.2 obtaining the authorisation of a foreign authority may be waived.28 amended by annex no 3 of the juvenile criminal procedure code of 20 march 2009, in force since 1 jan. 2011 (as 2010 1573; bbl 2006 1085, 2008 3121).art. 18 deletion of dna profiles generated from trace evidence and samples taken from deceased persons the federal office shall delete dna profiles generated from trace evidence or samples taken from deceased persons in accordance with article 4:a.at the request of the ordering authority; the ordering authority shall request deletion as soon as the trace evidence can be matched to a person who has been ruled out as the perpetrator;b.automatically after 30 years, except for offences that are not subject to a statute of limitations. art. 19 deletion of dna profiles generated outside criminal proceedings dna profiles that have been generated outside criminal proceedings in accordance with article 6 shall be deleted as soon as the person concerned has been identified, but in any case after 50 years. section 7 funding art. 20 1 the confederation shall fund the establishment and operation of the information system. 2 the ordering authority shall fund the collection and transmission of samples, and analysis and evaluation.section 8 final provisions art. 21 implementation by the cantons the cantons are responsible for implementing this act in their area of competence.art. 22 implementation by the confederation the federal council shall issue the implementing provisions, in which it shall regulate in particular:a.the processing of data under this act, in particular the registration of data in the information system;b.the details concerning the identification of unidentified living or deceased persons and missing persons;c.the arrangements and processes for generating dna profiles;d.the conditions and the procedure for approving the laboratories;e.the notification of the federal office on procedure completion;f.the registration of dna profiles generated abroad.art. 23 transitional provisions 1 this act also applies to dna profiles already registered in the information system under the ordinance of 31 may 200029 on the dna profiles information system (edna ordinance).2 the temporary approval of laboratories under article 20 of the edna ordinance remains valid for two years after this act comes into force.3 a sample may be taken and a dna profile generated and registered in the information system from persons who before this act comes into force were sentenced to an unconditional custodial sentence exceeding one year or to a custodial measure under articles 59, 61 or 64 scc30, provided that the custodial sentence or custodial measure remains in force, but for a maximum of one year after this act comes into force.29 [as 2000 1715, 2002 111 art. 19 no 1]30 sr 311.0art. 24 referendum and entry into force 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 20053131 fcd of 3 dec. 2004.

371 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the annulment of the convictions of persons who assisted refugees at the time of the nazi regimeof 20 june 2003 (status as on 1 january 2007)the federal assembly of the swiss confederation,based on the article 60 paragraph 1 and 121 paragraph 1 the federal constitution1,having considered the report of the committee for legal affairs of the national council dated 29 october 20022and the opinion of the federal council dated 9 december 20023,decrees:1 sr 1012 bbl 2002 77813 bbl 2003 490section 1: general provisions art. 1 subject matter and objective 1 this act regulates the annulment of the convictions of persons who, at the time of the nazi regime, assisted in the flight of persecuted people (persons who assisted refugees), as well as the rehabilitation of such persons.2 it has the objective of annulling convictions that are today viewed as serious miscarriages of justice.art. 2 definitions 1 persons who assisted refugees in terms of this act are persons who were convicted of offences because they helped persecuted people at the time of the nazi regime, or offered accommodation to refugees without reporting them to the authorities.2 persons who exploited the need of persecuted people at the time of their flight, who abandoned such persons, or who reported them to the authorities after offering assistance are not regarded as persons who assisted refugees.section 2: annulment of convictions and rehabilitation art. 3 annulment of convictions all judgements issued by military tribunals and the civilian criminal courts of the confederation and the cantons against persons who assisted refugees in terms of articles 1 and 2 shall be annulled.art. 4 rehabilitation all persons who assisted refugees in terms of articles 1 and 2 shall be fully rehabilitated.art. 5 application to other offences in cases where persons who assisted refugees were at the same time convicted of other offences, the annulment of convictions also applies to these offences, provided such offences appear, in a general appraisal of the case, to be secondary in their nature.section 3: rehabilitation committee art. 6 committee on pardons4 as the rehabilitation committee 1 the committee on pardons of the federal assembly5 shall act as the rehabilitation committee ("the committee") and shall, in response to an application or ex officio, examine cases and decide whether a specific conviction falls within the terms of articles 1 and 2.2 if necessary, the committee may regulate further aspects of the procedure.4 today: committee for pardons and conflicts of jurisdiction.5 today: committee for pardons and conflicts of jurisdiction.art. 7 applications 1 applications for a declaration of the annulment of a specific conviction must be submitted to the committee.2 applications may be made:a.by the convicted person, or, if the convicted person is deceased, by any one of his or her next of kin (art. 110 no. 16 stgb7);b.by an organisation that is domiciled in switzerland, that is under swiss control, and that has as its objective the safeguarding of human rights or the reappraisal of the history of switzerland at the time of the nazi regime.3 such an organisation is not entitled to submit an application against the will of the convicted person or, if the person is deceased, against the will of any of his or her next of kin.6 amended in accordance with art. 334 of the criminal code (sr 311.0) in the version of the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).7 sr 311.0art. 8 time limits 1 applications must be submitted within a period of five years of the date on which this act comes into force.2 the committee may consider applications that are submitted after the five-year time limit, but at the latest within a period of eight years from the date on which this act comes into force, provided the reasons for the delay are excusable.art. 9 non-consideration of applications an application will not be considered if the relevant conviction cannot be traced without expending an unreasonable amount of time and effort.art. 10 establishment of the facts of the case the committee shall collaborate, to the extent required, in establishing the facts of the case.art. 11 decision 1 the committee shall make its decisions according to the law and on an equitable basis and in accordance with its appraisal of the particular circumstances of each case.2 if it establishes that a specific conviction falls within the terms of articles 1 and 2, it shall give notice of the reasons for its decision in a suitable manner. such notice may not be given without the consent of the applicant.3 the decisions of the committee are final.art. 12 procedural costs the procedure before the committee is free of charge.section 4: legal effect of the annulment art. 13 a declaratory decision on the annulment of a conviction does not justify a claim for damages for pecuniary loss or for pain and suffering in respect of the penalties imposed or any secondary penalties or any indirect consequences of the conviction.section 5: referendum and commencement art. 14 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 january 200488 federal council decree of 25 nov. 2003 (as 2003 4264)

451.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon the protection of nature and cultural heritage(ncho)of 16 january 1991 (status as of 1 june 2017)the swiss federal council,on the basis of article 26 of the federal act of 1 july 19661 on the protection of nature and cultural heritage (ncha),article 44 paragraph 1 of the environmental protection act of 7 october 19832 (usg), and in implementation of the convention 19 september 19793 on the conservation of european wildlife and natural habitats,4ordains:1 sr 4512 sr 814.013 sr 0.4554 amended by no i of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869). section 1 nature protection, cultural heritage protection and monument preservation in the fulfilment of federal tasks5 5 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 16 basic principle in fulfilling federal tasks as specified in article 2 of the ncha, and in preparing and amending ordinances, concepts and sectoral plans (art. 13 of the federal act of 22 june 19797 on spatial planning) in relation to these tasks, the competent federal and cantonal authorities shall give due consideration to the requirements of nature protection, cultural heritage protection and monument preservation.6 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).7 sr 700art. 2 cooperation of specialist bodies responsible for nature protection, cultural heritage protection and monument preservation8 1 the federal office for the environment (foen)9, the federal office of culture (the foc) and das federal roads office (fedro)10 shall be available to advise the authorities responsible for the fulfilment of federal tasks.2 when fulfilling a federal task in accordance with article 2 ncha, the competent federal authorities shall obtain an expert opinion from the cantons. in relation to the cooperation of the foen, the foc and fedro, article 3 paragraph 4 ncha applies.113 the cantons shall ensure that their specialist agencies responsible for nature protection, cultural heritage protection and monument preservation cooperate in fulfilling the tasks that fall to them in accordance with article 1.124 as an element of their cooperation, the foen, the foc and fedro (para. 2) and the cantonal specialist agencies for nature protection, cultural heritage protection and monument preservation (para. 3) whether in accordance with article 7 ncha a report from the competent federal expert commission (art. 23 para. 2) is required.13 8 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).9 the title of the administrative unit concerned has been modified in application of art. 16 para. 3 of the publications o of 17 nov. 2004 (as 2004 4937). this modification has been made throughout the text.10 the group of administrative units affected was in application of art. 16 para. 3 of the publications o of 17 nov. 2004 (as 2004 4937). this modification has been made throughout the text.11 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703). 12 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).13 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).art. 314 14 repealed by no i of the o of 18 dec. 1995, with effect from 1 feb. 1996 (as 1996 225).section 2 federal support for nature protection, cultural heritage protection and monument preservation15 15 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 416 global financial assistance 1 financial assistance for measures for the preservation of sites deserving protection in accordance with article 13 ncha shall normally be granted globally on the basis of a programme agreement.2 the subject matter of the programme agreement shall in particular be:a.the strategic programme objectives to be achieved jointly in the fields of nature protection, cultural heritage protection or monument preservation;b.the duties of the canton;c.the federal subsidy to be provided;d.the financial control system.3 the term of the programme agreement shall be no more than four years.4 the foen, the foc and fedro shall issue guidelines on the procedure for programme agreements and on the information and documentation on the subject matter of the programme agreement.16 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 4a17 financial assistance in specific cases 1 by way of exception, financial assistance may be granted in a specific case if the measures:a.are urgently required;b.to a substantial extent require a complex or specialist assessment; orc.involve considerable expense.2 the foen, the foc or fedro shall enter into a contract with the canton for this purpose or shall issue a ruling.3 the foen, the foc and fedro shall issue guidelines on the procedure for the granting of financial assistance in specific cases and on the information and documentation accompanying the application.17 inserted by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 4b18 application 1 the canton shall submit the application for financial assistance to the foen, the foc or fedro.2 the application for global financial assistance must contain details of:a.the programme objectives to be achieved;b.the probable measures required to achieve the objectives and how they are to be implemented;c.the effectiveness of the measures.18 inserted by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 519 determination of the subsidy 1 the amount of financial assistance is determined by:a.the national, regional or local importance of the sites to be protected;b.the extent, quality and complexity of the measures;c.the level of threat to the sites to be protected;d.the quality in which the services are to be provided.2 the amount of global financial assistance shall be negotiated between the foen, the foc or fedro and the canton concerned.3 in the fields of monument preservation, archaeology, protection of sites of local character and protection of historic traffic routes, the financial assistance may also be calculated on the basis of the following maximum subsidies in per cent of the expenditure eligible for subsidy:a.25 per cent for sites of national importance;b.20 per cent for sites of regional importance;c.15 per cent for sites of local importance.4 by way of exception, the percentage in paragraph 3 may be increased to a maximum of 45 per cent if it is proven that essential measures cannot be financed otherwise.19 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 620 expenditure eligible for subsidy expenditure is eligible for subsidy only if it has actually been incurred and is required for the proper fulfilment of the measures.20 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 7 supplementary provisions 1 requirements and conditions may be attached to the granting of financial assistance for a site, and in particular that:a.the site is placed under protection either permanently or for a specified period;b.the site is maintained in a condition appropriate to the purpose of the subsidy and that alterations to its condition require the approval of the foen, the foc or fedro;c.the recipient of the subsidy reports periodically on its condition;d.21a person appointed by the foen, the foc or fedro is granted full inspection rights while work is being carried out on the site;e.22f.23any reports, drawings or photographic records requested by the foen, the foc or fedro be provided free of charge;g.24the site is provided with a permanent inscription giving notice of the federal assistance and protection;h.any necessary upkeep work is carried out;i.any changes of ownership or other legal changes are reported immediately to the foen, the foc or fedro;k.the condition of the site may be monitored;l.the site is made open to the public to the extent that this is compatible with its intended purpose.2 the foen, the foc and fedro may waive the requirement that documentation be provided as specified in paragraph 1 letter f above if the canton guarantees that the material is properly archived and remains accessible.2521 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). 22 repealed by no i of the o of 18 dec. 1995, with effect from 1 feb. 1996 (as 1996 225).23 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). 24 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).25 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). art. 826 exemptions from mandatory record in land register in granting financial assistance, the foen, the foc or fedro shall exempt the landowner from the obligation to have restrictions on use recorded in the land register if the protection and upkeep measures are guaranteed equally effectively by other means. they shall take account of the importance of the site, potential risks and the existing cantonal options for legal protection.26 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 927 power to grant subsidies28 1 the foen, the foc or fedro are responsible for granting financial assistance.292 this provision also applies to articles 14, 14a and, unless in connection with the initiation of a compulsory purchase proceedings, 15 ncha.27 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).28 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).29 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 1030 payment 1 global financial assistance shall be paid in instalments.2 financial assistance in specific cases shall be paid on the basis of the statement of accounts examined and approved by the cantonal specialist agency.30 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 10a31 reporting and checking 1 the canton shall report to the foen, the foc or fedro each year on the use of the global financial assistance.2 the foen, the foc or fedro shall check by random sample:a.that individual measures have been implemented in accordance with the programme agreement, ruling or contract;b.the use of the subsidies paid.31 inserted by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 1132 substandard compliance 1 in the case of global financial assistance, the foen, the foc or fedro shall withhold all or part of the instalment payments during the term of the programme if the canton:a.fails to comply with its reporting duty (art. 10a para. 1);b.culpably causes substantial disruption to its services.2 if in the case of global financial assistance, it becomes apparent after the programme term that the services provided are substandard, the foen, the foc or fedro shall require the canton to rectify the defects; it shall allow the canton an appropriate period within which to do this.3 the legal consequences of instances of substandard compliance where financial assistance has been granted in specific cases and claims for the recovery of financial already paid out shall be governed by article 28 of the subsidies act of 5 october 199033.32 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).33 sr 616.1art. 12 subsidies paid to organisations34 1 organisations of national importance involved in nature protection, cultural heritage protection and monument preservation which claim financial assistance under article 14 of the ncha shall submit an application, stating their reasons, to the foen, the foc or fedro.35 the application must be accompanied by detailed documentation (accounts and reports) on the activities of the organisation indicating the extent to which services eligible for subsidy that serve the public interest are being provided.2 financial assistance for activities serving the national interest may also be granted to:a.international organisations for nature protection, cultural heritage protection and monument preservation;b.secretariats responsible for international conventions on nature protection, cultural heritage protection and monument preservation.36 34 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).35 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). 36 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 12a37 research, education, public relations 1 applications for financial assistance under article 14a paragraph 1 ncha must be submitted to the foen, the foc or fedro.2 financial assistance to the cantons shall be granted globally on the basis of programme agreements. articles 4-11 apply.3 financial assistance to other recipients shall be granted individually. articles 6, 9, 10a and 11 paragraph 3 apply.37 inserted by no i of the o of 18 dec. 1995 (as 1996 225). amended by no i 1 of the o of 2 feb. 2011 (development of environmental programme agreements), in force since 1 march 2011 (as 2011 649).section 3 protection of indigenous flora and fauna art. 1338 principle wherever possible, the protection of indigenous flora and fauna shall be achieved by adapting agricultural and forestry practices in their habitats (biotopes). this task requires cooperation between the specialist bodies for agricultural and forestry, for nature protection and cultural heritage protection, and for spatial planning.38 amended by no i 2 of the o of 28 jan. 2015 on amendments to the o on the environment, in particular in relation to the programme agreements for the programme period 2016-2019, in force since 1 march 2015 (as 2015 427).art. 1439 biotope protection 1 biotope protection, combined in particular with ecological compensation measures (art. 15) and the species protection provisions (art. 20), is intended to ensure the survival of indigenous wild flora and fauna.2 biotopes shall be protected in particular by:a.measures designed to preserve or, if necessary, restore their individual character and biological diversity;b.upkeep, management and supervision to ensure that the protection objective is secured in the long term;c.structural measures that make it possible for the protection objective to be achieved, existing damage to be remedied, and future damage to be avoided;d.the establishment of buffer zones to provide adequate ecological protection;e.the preparation of basic scientific material.3 biotopes shall be designated as deserving protection on the basis of:a.biotopes types characterised in particular by indicator species, as specified in annex 1;b.plant and animal species protected under article 20;c.fish and crustaceans at risk according to fisheries legislation;d.threatened and rare plant and animal species cited in the red lists issued or approved by the foen;e.additional criteria, such as species mobility requirements or ecological networks.4 the cantons may adapt the lists referred to in paragraph 3 letters ad to regional circumstances.5 the cantons shall establish an appropriate determination procedure so as to prevent possible damage to biotopes deserving protection and infringements of the species protection provisions of article 20.6 any technical intervention that could damage biotopes deserving protection may be approved only if it pertains to a specific site and meets an overriding need. in addition to a biotopes deserving protection as specified in paragraph 3, the following criteria are particularly decisive in evaluating the biotopes when competing interests are being weighed up:a.its importance for the protected, threatened and rare animal and plant species;b.its role in preserving the ecological balance;c.its importance in linking biotopes deserving protection;d.its biological individuality or typical character.7 anyone who carries out or brings about an intervention shall be obliged to take the best possible protection or restoration measures, or failing that, appropriate compensation measures.39 amended by no i of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869). art. 15 ecological compensation 1 the purpose of ecological compensation (art. 18b para. 2 ncha) is primarily to connect isolated biotopes, if necessary by the creation of new biotopes, in order to promote species diversity, to achieve forms of land use that are as near-natural and benign as possible, to integrate nature into residential areas, and to enliven the landscape.2 with regard to subsidies for special ecological measures in agriculture, the term biodiversity subsidy as used in the direct payments ordinance of 23 october 201340 applies.4140 sr 910.1341 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). amended by annex 9 no 3 of the direct payments o of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 4145).art. 16 designation of biotopes of national importance 1 the designation of biotopes of national importance, specification of protection objectives and setting of time limits for the specification of protection measures in accordance with article 18a of the ncha shall be the subject of separate ordinances (inventories).2 the inventories are not exhaustive and shall be reviewed and updated at regular intervals.art. 17 protection and upkeep of biotopes of national importance 1 for biotopes of national importance, the cantons shall arrange protection and upkeep measures and the financing thereof after consulting the foen.2 and 3 .4242 repealed by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, with effect from 1 jan. 2008 (as 2007 5823).art. 1843 compensatory payments for biotopes and ecological compensation 1 the level of the global compensatory payments for the protection and upkeep of biotopes and for ecological compensation is determined by:a.the national, regional or local importance of the sites to be protected;b.the extent, quality and complexity of the measures and their planning;c.the importance of the measures for animal and plant species that take priority for the preservation and improvement of biological diversity;d.the level of threat to the sites to be protected;e.the importance of the measures for the networking of biotopes deserving protection and of stocks of species deserving protection;f.the quality with which the services are provided;g.the burden imposed on the canton by mire landscape and biotopes protection.442 it shall be negotiated between the foen and the canton concerned.3 articles 4-4b and 6-11 also apply.43 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).44 amended by no i 1 of the o of 2 feb. 2011 (development of environmental programme agreements), in force since 1 march 2011 (as 2011 649).art. 1945 relation to ecological services in agriculture the compensatory payments made under article 18 shall be reduced by the amount of any subsidies provided for the same ecological service in relation to agricultural land used or farmed in terms of articles 55-62 of the direct payments ordinance 23. october 201346.45 amended by annex 9 no 3 of the direct payments o of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 4145).46 sr 910.13art. 20 species protection 1 unauthorized picking, digging up, uprooting, removal, offering for sale, sale, purchase or destruction, particularly as a result of technical interventions, of species of wild plants listed in annex 2 is prohibited.2 in addition to the species cited in the federal act of 20 june 198647 on hunting and the protection of wild mammals and birds, the species of wild animals listed in annex 3 shall be considered to be protected. it is prohibiteda.to kill, injure or capture animals of these species, or to damage, destroy or remove their eggs, larvae, pupae, nests or breeding grounds;b.to carry, dispatch, offer for sale, export, entrust to others, purchase, or take custody of animals of these species, living or dead, including their eggs, larvae, pupae or nests, or to be party to such actions.3 the competent authority may grant exceptional approvals in addition to those specified in article 22 paragraph 1 nchaa.if this serves to preserve biological diversity;b.for technical interventions pertaining to a specific site and that meet an overriding need. the person responsible shall be obliged to take the best possible protection measures, or failing that, appropriate compensation measures.4 the cantons shall make arrangements for appropriate protection of the animal and plant species listed in annex 4 after consultation with the foen.485 anyone infringes the provisions of paragraphs 1 and 2 is liable to the penalties under article 24a ncha.4947 sr 922.048 amended by no i of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869). 49 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 21 resettlement of flora and fauna the federal department of the environment, transport, energy and communications (detec) may by agreement with the cantons concerned authorise the resettlement of species, subspecies and breeds no longer occurring in the wild in switzerland, provided that:50a.an appropriate habitat of adequate size is available;b.appropriate legal safeguards are introduced for protection of the species;c.the preservation of the diversity or genetic characteristics of species will not be adversely affected.50 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).section 3a mires and mire landscapes of outstanding beauty and national importance51 51 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 21a52 protection of mires the designation of mires of outstanding beauty and national importance, together with their protection and upkeep is governed by articles 16-19.52 inserted by no i of the o of 18 dec. 1995 (as 1996 225). amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).art. 2253 protection of mire landscapes 1 the designation of mire landscapes of outstanding beauty and national importance and the specification of the protection objectives shall be subject of a separate ordinance (inventory).2 the cantons shall arrange protection and upkeep measures and the financing thereof after consulting with the foen.3 the level of the global compensatory payments for the protection and upkeep of mire landscapes is determined by:a.the extent, quality and complexity of the measures;b.the level of threat to the sites to be protected;c.the quality with which the services are provided;d.the burden imposed on the canton by mire landscape and den biotopes protection.543bis it shall be negotiated between the foen and the canton concerned. articles 4-4b, 6-11 and 18 and 19 also apply to the provision of compensatory payments.554 the global compensatory payments for biotopes of national importance situated within mire landscapes of outstanding beauty and national importance are governed by articles 18 and 19.5653 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).54 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).55 inserted by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).56 amended by no i 4 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).section 4 implementation art. 2357 federal bodies 1 the federal specialist agencies for nature, cultural heritage protection and monument preservation are:a.the foen for nature and landscape protection;b.the foc for monument preservation, archaeology and protection of sites of local character;c.fedro for the protection of historic traffic routes.2 they shall implement the ncha, unless other federal authorities are responsible. . when fulfilling federal tasks in accordance with articles 2-6 ncha, they shall ensure that the authorities and the public are informed and advised in a coordinated manner.583 if other federal bodies are responsible for implementation, the foen, the foc and fedro shall cooperate with them in accordance with article 3 paragraph 4 ncha.4 the federal commission for the protection of nature and cultural heritage (fcnc) and federal commission for monument preservation (fcmp) are the federal advisory commissions on matters relating to nature protection, cultural heritage protection and monument preservation.57 revised in accordance with no i of the o of 18 dec. 1995 (as 1996 225), no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703) and art. 16 para. 3 of the publications o of 17 nov. 2004 (as 2004 4937).58 amended by annex no 1 of the o of 29 march 2017 on the federal inventory of landscapes and natural monuments, in force since 1 june 2017 (as 2017 2815).art. 2459 organisation of the fcnc and the fcmp 1 the fcnc and the fcmp shall each comprise a maximum of 15 members. expertise, individual areas of responsibility and language regions shall be taken into consideration in determining the composition of these bodies. the federal council shall elect the members and appoint the commission presidents. in all other matters, the commissions shall be responsible for their own organisation.2 at the request of the fcnc or the fcmp, the foen, the foc and fedro may appoint specialists as permanent consultants. they shall advise the commissions and also the foen, the foc and fedro in their fields of expertise.3 detec shall approve the regulations of the fcnc and the federal department of home affairs (fdha) shall approve those of the fcmp.604 the foen and the foc shall be responsible for the secretariats. foen, the foc and fedro shall finance them proportionately, with payments being charged to the credits for equipment and services.5 the fcnc and the fcmp shall provide detec and fdha respectively with an annual report on their activities.6159 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).60 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).61 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).art. 25 tasks of the fcnc and the fcmp62 1 the fcnc and the fcmp shall have the following tasks in particular:a.63they shall advise the departments on fundamental questions of nature protection, cultural heritage protection and monument preservation;b.they shall assist in a consultative capacity with implementation of the ncha;c.they shall assist in the preparation and revision of the inventories of sites of national importance;d.64they shall provide expert opinions on questions of nature protection, cultural heritage protection and monument conservation for federal and cantonal authorities responsible for fulfilling federal tasks as specified in article 2 ncha (art. 7 and 8 ncha);e.65they shall prepare special expert reports (art. 17a ncha) in cases where a project that does not constitute a federal task as specified in article 2 ncha could damage a site listed in a federal inventory in accordance with article 5 ncha or otherwise of particular importance.2 the fcmp shall also have the following tasks:a.it shall provide an opinion, at the request of the foc, on requests for financial assistance in the field of monument conservation;b.it shall promote cooperation and scientific communication with all interested parties and foster basic practical and theoretical work.663 the foc may appoint members of the fcmp, consultants or other suitably qualified persons as experts with responsibility for advising and supporting the cantons in the implementation of measures.6762 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).63 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).64 amended by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).65 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).66 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).67 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).art. 26 tasks of the cantons 1 the cantons shall ensure that their constitutional and legal mandate is properly and effectively fulfilled. to this end, they shall designate specialist agencies responsible for nature protection, cultural heritage protection and monument preservation, and notify the foen or the foc accordingly.682 in any activities that have an impact on land use (art. 1 of the ordinance of 2 oct. 198969 on spatial planning), the cantons shall give due consideration to measures for which the confederation provides financial assistance or compensatory payments under this ordinance. in particular, they shall ensure that protection measures are taken into account in the plans and regulations governing permissible use of land in accordance with spatial planning legislation.68 wording of sentence in accordance with no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). 69 sr 700.1art. 27 notification of legislation and rulings 1 the cantons shall notify the foen, the foc or fedro of their legislation on nature protection, cultural heritage protection and monument preservation.702 the competent authorities shall notify the foen of any rulings on the following:a.exceptional approvals relating to the species protection provisions (art. 22 para. 1 and 3 ncha; art. 20 para. 3);b.removal of riparian vegetation (art. 22 para. 2 and 3 ncha);c.declaratory rulings on biotopes and species protection (art. 14 para. 4);d.restitution rulings (art. 24e ncha);e.71rulings on relating to buildings, installations and soil degradation in biotopes of national importance (art. 18a ncha) or in mire landscapes (art. 23b ncha).f.72approvals of land use plans (art. 26 spatial planning act of 22 june 197973) if landscapes, natural monuments, biotopes or mire landscapes of national importance are damaged.3 if the fcnc, the fcmp, the foen, the foc or fedro have collaborated on a project as specified in article 2, the competent authority shall notify them of the relevant decision on request.70 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). 71 inserted by no i i 1 of the o of 2 feb. 2000 to the federal act on the coordination and simplification of decision-making procedures (as 2000 703).72 inserted by no ii of the o of 2 april 2014, in force since 1 may 2014 (as 2014 909)73 sr 700art. 27a74 monitoring and evaluation of success 1 the foen shall be responsible for the monitoring of biological diversity and shall coordinate this with other environmental observation measures. this monitoring may be supplemented by cantonal measures. the cantons shall coordinate their measures with the foen, and make their documentation available to it.2 the foen, the foc and fedro shall conduct success evaluations to check that the legally required measures have been implemented and to assess their suitability. they shall cooperate closely with the federal offices and the cantons concerned.74 inserted by no i of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869). art. 27b75 geoinformation the foen shall provide the minimum geodata models and representation models for basic geographical data under this ordinance for which it is designated as the federal specialist agency in annex 1 to the geoinformation ordinance of 21 may 200876.75 inserted by annex 2 no 2 of the o of 21 may 2008 on geoinformation, in force since 1 july 2008 (sr 510.620).76 sr 510.620section 5 final provisions art. 28 repeal of current legislation the following are repealed:a.die implementation ordinance of 27 december 196677 to the federal act on the protection of nature and cultural heritage;b.the federal council decree of 6 june 198878 on the application of article 18d ncha.77 [as 1966 1646, 1977 2273 no i 41, 1985 670 no i 5, 1986 988]78 not published in the as.art. 29 transitional provision 1 until the federal council has designated the biotopes of national importance (art. 16) and the mire landscapes of outstanding beauty and national importance (art. 22) and until the various inventories have been finalised,a.the cantons shall ensure through immediate and suitable measures that any deterioration in the condition of biotopes considered to be of national importance on the basis of available knowledge and documentation is prevented;b.79in response to specific requests for subsidies, the foen shall assess the importance of a biotopes or mire landscape on the basis of available knowledge and documentation;c.80the cantons shall ensure through immediate and suitable measures that any deterioration in the condition of mire landscapes considered to be of outstanding beauty and national importance on the basis of available knowledge and documentation is prevented.2 financing in terms of paragraph 1 letters a and b is provided in accordance with article 17 and 18, and financing in terms of paragraph 1 letter c is provided in accordance with article 22.813 the federal authorities and agencies and of federal institutions and enterprises shall take immediate measures as specified in paragraphs 1 letters a and c in the fields for which they are responsible in accordance with the applicable special federal legislation.8279 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).80 amended by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225).81 amended by no i 2 of the o of 28 jan. 2015 on amendments to the o on the environment, in particular in relation to the programme agreements for the programme period 2016-2019, in force since 1 march 2015 (as 2015 427).82 inserted by no i of the o of 18 dec. 1995, in force since 1 feb. 1996 (as 1996 225). art. 30 commencement this ordinance comes into force on 1 february 1991.annex 183 83 amended by no ii of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869). (art. 14 para. 3)list of biotope types deserving protection scientificgermanbeds of springs, waterbodiesadiantionkalktuff-felsspaltengesellschaftencratoneurion (commutati)kalk-quellflurcardamino-montionweichwasser-quellflurranunculion fluitantisbrachsmen- and barbenregion (epipotamon)glycerio-sparganionbach- and flussrhrichtcharionarmleuchteralgenrasenpotamionlaichkrautgesellschaftenlemnionwasserlinsengesellschaftennymphaeionseerosengesellschaftenraised bogs, transition bogssphagnion magellanicitorfmoos-hochmoorcaricion lasiocarpaebergangsmoorsphagno-utricularionwasserschlauch-moortmpelgesellschaftenbetulion pubescentisbirken-moorwaldpiceo-vaccinienion uliginosi (sphagno-pinetum mugi)torfmoos-bergfhrenwaldsphagno-piceetumtorfmoos-fichtenwaldwaterside areas, silted-up areas, fenlandsphragmitionstillwasser-rhrichtphalaridionlandschilf-rhrichtlittorellionstrandlingsgesellschaftenmagnocariciongrossseggenriedcladietumschneidbinsenriedcaricion fuscaesaures kleinseggenriedcaricion davallianae, rhynchosporionkalk-kleinseggenriedcalthionsumpfdotterblumenwiesemolinionpfeifengraswiesefilipendulionspierstaudenflurdry grasslands, low-nutrient meadows and pasturesalysso-sedionthermophile kalkfelsgrusflurcaricion ferrugineaerostseggenhaldeelynionnacktriedrasenarabidion caeruleaekalk-schneetlchensalicion herbaceaesauerboden-schneetlchenstipo-poioninneralpine felsensteppecirsio-brachypodionkontinentaler halbtrockenrasenxerobromionsubatlantischer dry grasslandsdiplachnioninsubrischer dry grasslandsmesobromionsubatlantischer halbtrockenrasenalluvial zone vegetationepilobion fleischerialluvionen mit krautiger pioniervegetationcaricion bicolori-atrofuscaeschwemmufervegetation alpiner wildbchenanocyperionzwergbinsen-annuellenflurbidentionnitrophile annuellenvegetationsalicion elaeagnigebirgsweidenauesalicion cinereaemoorweidengebschealnion glutinosaeerlen-bruchwaldsalicion albaesilberweiden-auenwaldalnion incanaegrauerlen-auenwaldfraxinioneschen-auenwaldgorge forests, escarpment forests and dry forestslunario-acerionbergahorn-schluchtwaldtilion platyphylliwrmeliebender linden-mischwaldcephalanthero-fagenionorchideen-buchenwaldcarpinion betulieichen-hainbuchenwaldquercion pubescenti-petraeaeflaumeichenwaldorno-ostryonhopfenbuchenwald der sdalpenmolinio-pinion (inkl. cephalantheropinion)pfeifengras-fhrenwalderico-pinion sylvestris, cytisopinionsubkontinentaler kalk-fhrenwaldononido-pinionkontinentaler steppen-fhrenwalddicrano-pinionmesophiler fhrenwald auf silikatasplenio-abieti-piceetum (abietipiceion)blockschutt-tannen-fichtenwaldlarici-pinetum cembraelrchen-arvenwaldcirsio tuberosi-pinetum montanae (erico-pinion mugo)knollendistel-bergfhrenwaldfringe communities, bushes and heathlandaegopodion, alliarionnhrstoffreicher mesophiler krautsaumgeranion sanguineitrockenwarmer krautsaumberberidiontrockenwarme gebsche auf basenreichem bodencalluno-genistionsubatlantische zwergstrauchheidejuniperion sabinaekontinentale zwergstrauchheideericion (carneae)subalpine heide auf kalkbodenjuniperion nanaetrockene subalpine zwergstrauchheiderhododendro-vaccinionmesophile subalpine zwergstrauchheideloiseleurio-vaccinionarktisch-alpine zwergstrauchheidevegetation on rocks, detritus, karsts and screeasplenion serpentiniserpentingesteinsflursedo-veronicionthermophile silikatfelsgrusflurthlaspion rotundifoliialpine kalkblockflurdrabion hoppeanaealpine kalkschieferflurpetasition paradoxifeuchte kalkschuttflur der hheren lagenandrosacion alpinaealpine silikatschuttflurgaleopsion segetumsommerwarme silikatschuttflurweeds, ruderal vegetationchenopodion rubribegleitvegetation der hackkulturen auf basenarmen bdenagropyro-rumicionfeuchte trittfluronopordion (acanthii)wrmeliebende ruderalgesellschaftenannex 284 84 amended by no ii of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869, 2001 1662).(art. 20 para. 1)list of protected plants scientificgermanangiospermaebltenpflanzenadonis vernalis l.frhlingsadonisandrosace sp.mannsschild, alle artenanemone sylvestris l.hgel-windrschenapium repens (jacq.) lag.kriechender eppichaquilegia alpina l.alpen-akeleiarmeria sp.grasnelke, alle artenartemisia sp. (artengruppe der a. glacialis)alle kleinen alpinen edelraute-artenasphodelus albus mill.affodillcalla palustris l.drachenwurzcarex baldensis l.monte-baldo-seggedaphne alpina l.alpen-seidelbastdaphne cneorum l.flaumiger seidelbast, flhrschendelphinium elatum l.hoher rittersporndianthus glacialis haenkegletscher-nelkedianthus gratianopolitanus vill.grenobler nelkedianthus superbus l.pracht-nelkedictamnus albus l.diptamdracocephalum sp.drachenkopf, beide artendroseraceaesonnentaugewchse, inkl. wasserfalleephedra helvetica c. a. mey.schweizerisches meertrubcheneriophorum gracile rothschlankes wollgraseritrichium nanum (l.) gaudinhimmelsherolderyngium alpinum l.alpen-mannstreu, alpendisteleryngium campestre l.feld-mannstreuerythronium dens-canis l.hundszahnfritillaria meleagris l.gewhnliche schachblumegentiana pneumonanthe l.lungen-enziangladiolus sp.gladiole, alle arteninula helvetica weberschweizerischer alantiris pseudacorus l.gelbe schwertlilieiris sibirica l.sibirische schwertlilieleucojum aestivum l.sptblhende knotenblumelilium bulbiferum l. s.l.feuerlilie, beide unterartenlilium martagon l.trkenbundlindernia procumbens (krock.) philcoxbchsenkrautmelampyrum nemorosum l.hain-walchtelweizenmyosotis rehsteineri wartm.bodensee-vergissmeinnichtnuphar sp.teichrose, alle artennymphaea alba l.weisse seeroseorchidaceaeorchideengewchse, alle artenpaeonia officinalis l.pfingstrosepapaver f. alpinum (aurantiacum, sendtneri, occidentale)alpen-mohn, alle artenparadisea liliastrum (l.) bertol.trichterlilie, paradiesliliepulsatilla vulgaris mill.gewhnliche kchenschellesaxifraga hirculus l.goldblumiger steinbrechsempervivum grandiflorum haw.gaudins hauswurzsempervivum wulfenii mert. & w.d.j. kochwulfens hauswurzsilene coronaria (l.) desr.kranzradesisymbrium supinum l.niederliegende raukesorbus domestica l.speierling, sperberbaumtrapa natans l.wassernusstrifolium saxatile all.stein-kleetulipa sp.tulpe, alle artentypha minima hoppekleiner rohrkolbentypha shuttleworthii w. d. j. koch & sond.shuttleworths rohrkolbenpteridophytafarneadiantum capillus-veneris l.venushaarbotrychium sp. (ausgenommen b. lunaria)traubenfarn, alle arten ausser gemeiner mondrautemarsilea quadrifolia l.kleefarnmatteuccia struthiopteris (l.) tod.straussfarnphyllitis scolopendrium (l.) newmanhirschzungepolystichum braunii (spenn.) fealex. brauns schildfarnpolystichum setiferum (forssk.) woyn.borstiger schildfarnbryophytamoosebarbula asperifolia mitt.breutelia chrysocoma (hedw.) lindb.goldschopfmoosbryum versicolor b. & s.ein birnmoosdrepanocladus vernicosus (mitt.) warnst.ein sichelmoosfrullania parvistipula steph.ein sack-lebermoosleucobryum glaucum aggr.weissmoos, "klumpenmoos"phaeoceros laevis ssp. carolinianus (michx.) prosk.gelbhornmoosriccia breidleri steph.breidlers stern-lebermoosricciocarpos natans (l.) cordaschwimm-lebermoossphagnum sp.torfmoose od. bleichmoose, alle artentayloria rudolphiana (garov.) b., s. & g.rudolphs trompetenmooslichenesgrossflechtengyalecta ulmi (sw.) zahlbr.heterodermia sp.alle artenhypotrachina laevigata (sm.) haleleptogium burnetiae dodgeleptogium hildenbrandii (garov.) nyl.lobaria sp.lungenflechte, alle artennephroma expallidum (nyl.) nyl.nephroma laevigatum ach.parmotrema reticulatum (taylor) choisyparmotrema stuppeum (taylor) halepeltigera hymenina (ach.) deliseramalina dilacerata (hoffm.) hoffm.ramalina roesleri (hochst. ex schaerer) huesphaerophorus globosus (hudson) vainiosphaerophorus melanocarpus (sw.) dc.squamarina lentigera (weber) poeltstereocaulon sp.alle artensticta sp.grbchenflechten, alle artenusnea cornuta (krber)usnea glabrata (ach.) vainiousnea longissima ach.engelshaarflechteusnea wasmuthii (rsnen)basidiomycetesgrosspilzeboletus regius krombholzechter knigsrhrlingclavaria zollingeri lveilleamethystfarbige keulehygrocybe calyptraeformis (berk. & br.) fayodrosaroter saftlinglariciformes officinalis (vill.: fr.) kotl. & pouz.lrchen-baumschwammlyophyllum favrei haller & hallergelbblttriger karminschwrzlingpluteus aurantiorugosus (trog.) sacc.orangeroter dachpilzsarcodon joeides (pass.) pat.violettfleischiger braunsporstachelingsquamanita schreieri imbachgelber schuppenwulstlingsuillus plorans (roll.) sing.arven-rhrlingtricholoma caligatum (viv.) rick.krokodil-ritterlingtricholoma colossum (fr.) quletriesen-ritterlingverpa conica swartz ex pers. (=v. digitaliformis)fingerhut-verpelannex 385 85 amended by no ii of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869). (art. 20 para. 2)list of protected animals scientificgermaninvertebrata wirbellosemolluscaweichtiere (schnecken, muscheln)charpentieria thomasiana (pini)studers schliessmundschnecketandonia nigra (k. pfeiffer)schwarzer kielschnegeltrichia biconica (eder)nidwaldner haarschneckeunio crassus philipssonkleine flussmuschel, gemeine bachmuschelunio mancus lamarcksdliche malermuschelzoogenetes harpa (say)harfenschneckeinsectainsektenodonatalibellenaeshna caerulea strm.alpen-mosaikjungferaeshna subarctica walkerhochmoor-mosaikjungferboyeria irene fonsc.boyeriacalopteryx virgo meridionalis selyssdliche prachtlibelleceriagrion tenellum villersspte adonislibellecoenagrion lunulatum charp.mond-azurjungfercoenagrion mercuriale charp.helm-azurjungferepitheca bimaculata charp.zweifleckgomphus simillimus selysgelbe keiljungfergomphus vulgatissimus l.gemeine keiljungferlestes dryas kirbyglnzende binsenjungferleucorrhinia albifrons burm. oestliche moosjungferleucorrhinia caudalis charp.zierliche moosjungferleucorrhinia pectoralis charp.grosse moosjungfernehalennia speciosa charp.zwerglibelleonychogomphus forcipatus l.kleine zangenlibelleonychogomphus uncatus charp.grosse zangenlibelleophiogomphus cecilia fourc.grne keiljungferoxygastra curtisii dalegekielte smaragdlibellesympecma braueri bianchisibirische winterlibellesympetrum depressiusculum selyssumpf-heidelibellesympetrum flaveolum l.gefleckte heidelibellemantodeafangschreckenmantis religiosa l.gottesanbeterinorthopterageradflgler (heuschrecken, grillen)aiolopus thalassinus (fabr.)grne strandschreckecalliptamus italicus (l.)italienische schnschreckecalliptamus siciliae rammeprovence-schnschreckechrysochraon keisti nadigschweizer goldschreckeepacromius tergestinus (charp.)fluss-strandschreckeephippiger ephippiger vitium servillesteppen-sattelschreckelocusta migratoria cinerascens (fabr.)wanderheuschreckeoedaleus decorus (germar6)kreuzschreckeoedipoda caerulescens (l.)blauflgelige dlandschreckeoedipoda germanica (latr.)rotflgelige dlandschreckepachytrachis striolatus (fieber)gestreifte sdschreckepholidoptera littoralis insubrica nadigfiebers strauchschreckeplatycleis tessellata (charp.)braunfleckige beissschreckepolysarcus denticauda (charp.)gemeine wanstschreckepsophus stridulus (l.)rotflgelige schnarrschreckesaga pedo (pallas)steppen-sgeschreckesphingonotus caerulans (l.)blauflgelige sandschreckestethophyma grossum (l.)sumpfschrecketettigonia caudata (charp.)stliches heupferdneuroptera, ascalaphidaenetzflglerlibelloides sp.schmetterlingshafte, beide artenlepidoptera, papilionideatagfalterarethusana arethusa denis & schiff. rotbindensamtfalterchazara briseis l.felsenfaltercoenonympha hero l.waldwiesenvgelchencoenonympha oedippus fabr. moorwiesenvgelchenerebia christi raetzerraetzers mohrenfaltererebia nivalis lorkovic & de lesseerebia sudetica staudingersudeten-mohrenfaltereurodryas aurinia aurinia rott. skabiosenscheckenfalter, collin-montaniolana iolas (ochs.)blasenstrauchblulinglimenitis populi l.grosser eisvogellopinga achine scop.gelbringfalter, bacchantinlycaeides argyrognomon bergstr.kronwicken- or gemeiner blulinglycaena dispar haworthgrosser feuerfalter, ampferfeuerfaltermaculinea alcon (denis & schiff.)lungenenzian blulingmaculinea arion l.schwarzgefleckter bluling, quendelameisenblulingmaculinea nausithous bergstr.schwarzblauerbluling, dunkler moorblulingmaculinea teleius bergstr.grosser moorbluling, heller wiesenknopf-ameisenblulingmellicta britomartis assmannstlicher scheckenfaltermellicta deione dup. parnassius apollo l.apollofalterparnassius mnemosyne l.schwarzer apollofalterlepidoptera, hesperioideadickkopffaltercarcharodus baeticus ramburandorn-dickkopffalterpyrgus cirsii rambursptsommer-wrfelfalterlepidoptera, sphingidaeschwrmer (nachtfalter)hyles hippophaes espersanddorn-, kreuzdornschwrmerproserpinus proserpina pallasnachtkerzen-, kleiner oleanderschwrmerlepidoptera, lasiocampidaeglucken, wollspinner (nachtfalter)eriogaster catax l.heckenwollafter, heckenwollspinnercoleoptera, carabidaelaufkferabax oblongus dej.calosoma inquisitor (l.)kleiner puppenrubercalosoma sycophanta (l.)grosser puppenrubercarabus creutzeri fabr. cychrus cordicollis chaud.cymindis variolosa (fabr.)licinus cassideus (fabr.)nebria crenatostriata bassiplatynus cyaneus (dej.)poecilus kugelanni (panz.)trechus laevipes jeann.coleoptera, dysticidaeechte schwimmkfergraphoderus bilineatus (geer)schmalbindiger breitflgeltauchkfercoleoptera, buprestidaeprachtkferanthaxia candens (panz.)anthaxia hungarica (scop.)anthaxia manca (l.)chalcophora mariana (l.)marienprachtkfercoroebus florentinus (herbst)coroebus undatus (fabr.)dicerca aenea (l.)dicerca alni (fischer)dicerca berolinensis (herbst)dicerca furcata (thunberg)dicerca moesta (fabr.)eurythyrea austriaca (l.)eurythyrea micans (fabr.)eurythyrea quercus (hbst.)poecilonota variolosa (paykull)scintillatrix dives (guillebeau)scintillatrix mirifica (mulsant)scintillatrix rutilans (fabr.)coleoptera, scarabaeidaeblatthornkferoryctes nasicornis (l.)nashornkferosmoderma eremita (scop.)eremitpolyphylla fullo (l.)walkercoleoptera, lucanidaehirschkferlucanus cervus (l.)hirschkfer, hornschrtercoleoptera, cerambycidaebockkferakimerus schaefferi (laich.)cerambyx cerdo l.eichenheldbock, eichenspiessbockcerambyx miles bonellicorymbia cordigera (fuesslins)dorcadion aethiops (scop.)dorcadion fuliginator (l.)grasbock, erdbockdorcatypus tristis (l.)ergates faber (l.)mulmbocklamia textor (l.)weberbocklepturobosca virens (l.)mesosa curculionoides (l.)morimus asper sulzernecydalis major l.necydalis ulmi chevrolatpachyta lamed (l.)pedostrangalia revestita (l.)plagionotus detritus (l.)purpuricenus kaehleri (l.)blutbock, purpurbockrhamnusium bicolor (schrank)rosalia alpina (l.)alpenbocksaperda octopunctata (scop.)saperda perforata (pallas)saperda punctata (l.)saperda similis laich. tragosoma depsarium (l.)zottenbockhymenoptera, formicidaehautflglerformica s.str. (rufa, aquilonia, lugubris, paralugubris, polyctena, pratensis, truncorum)hgelbildende rote waldameisen (formica rufa-gruppe)polyergus rufescens (latr.)amazon-ameisevertebrata wirbeltiereamphibiaalle amphibien (frsche, unken, krten, salamander, molche)reptiliaalle reptilien (sumpfschildkrte, schlangen, eidechsen, blindschleichen)mammaliasugetiereinsectivorainsektenfressercrocidura leucodon (hermann)feldspitzmauscrocidura suaveolens (pallas)gartenspitzmausneomys anomalus cabrerasumpfspitzmausneomys fodiens pennantwasserspitzmausrodentianagetieredryomys nitedula (pallas)baumschlfermicromys minutus (pallas)zwergmausmuscardinus avellanarius l.haselmauschiropteraalle fledermuseannex 486 86 amended by no ii of the o of 19 june 2000, in force since 1 aug. 2000 (as 2000 1869, 2001 1662). (art. 20 para. 4)list of species to be protected at cantonal level plant species scientificgermanangiospermaebltenpflanzenbromus grossus dc.dickhrige trespecaldesia parnassifolia (l.) parl.caldesienajas flexilis (willd.) rostk. & w.l.e. schmidtbiegsames nixenkrautbryophytamoose (laub-, leber- and hornmoose)andreaea blyttii schimp. ssp. angustata (limpr.) schultze-mot. (=a. heinemannii)blytts klaffmoosandreaea rothii web. & mohrroths klaffmoosatractylocarpus alpinus (milde) lindb.barbula rigidula ssp. verbana (nich.&dix.) podp.bryum argenteum ssp. veronense (de not.) amann(silber-)birnmoosbuxbaumia viridis (lam. & dc.) moug. & nestl.grnes koboldmoosdicranum viride (sull. & lesq.) lindb.grnes besenmoos, gabelzahnmoosdistichophyllum carinatum dix. & nich.gekieltes zweizeilblattmoosfrullania cesatiana de not.ein sack-lebermooshypnum sauteri schimp.ein schlafmoosjamesoniella undulifolia (nees) k. mll.mannia triandra (scop.) grolleein zwerglungenmoosmeesia longiseta hedw.ein zeilenmoos (schwanenhalsmoos)orthotrichum rogeri brid.rogers kapuzenmoosorthotrichum scanicum grnv.ein kapuzenmoospseudoleskea artariae thr.pyramidula tetragona (brid.) brid.viereckiges pyramidenmoosscapania helvetica gott.ein spaten-lebermoosscapania massalongi (k. mll.) k. mll.massalongs spatenmoosscapania scapanioides (mass.) grolleein spaten-lebermoosseligeria austriaca schauerein zwergmoosseligeria carniolica (breidl. & beck) nyh.ein zwergmoostetrodontium ovatum (funck) schwaegr.ulota rehmannii jur. ssp. macrospora (bauer & warnst.) podp. (=u. macrospora)ein krausblattmoosanimal species annelidaringelwrmerhirudo officinalis l.blutegelmolluscaweichtiere (schnecken, muscheln)helix pomatia l.weinbergschneckemammaliasugetiereinsectivorainsektenfressererinaceus europaeus l.igelsoricidae, sp.spitzmuse, alle artenrodentianagetieregliridae, sp.schlfer, alle arten

451.36english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon parks of national importance(parks ordinance, parko)of 7 november 2007 (status as of 1 april 2018)the swiss federal council,based on articles 23l and 26 of the federal act of 1 july 19661on the protection of nature and cultural heritage (ncha),ordains:1 sr 451chapter 1 subject matter and principles art. 1 1 this ordinance regulates the procedure and the requirements for promoting the establishment, operation and quality assurance of parks of national importance.2 such promotion shall take equitable account of the biogeographical regions.chapter 2 global financial aid, park label and product label section 1 global financial aid art. 2 requirements 1 global financial aid shall be granted:a.for the establishment of a park of national importance, provided a park authority (art. 25) is designated and the feasibility of establishing, operating and ensuring the quality of the park in accordance with the requirements for the park are demonstrated;b.for managing and ensuring the quality of a park of national importance provided the requirements for the park are fulfilled.2 financial aid shall be granted only if the canton and the communes whose territory is included in the park, as well as any third parties, participate in an equitable manner in financing the establishment, operation and quality assurance of the park.art. 3 application 1 the application by the canton for global financial aid must in particular contain:a.a summary of all efforts made on the territory of the canton to establish and operate parks of national importance;b.for the establishment of a park, a management plan and the constitution of the park authority;c.for the operation of a park, the charter on park management and quality assurance (art. 26), the constitution of the park authority and proof of the spatial planning safeguards for the park (art. 27).2 in the case of supra-cantonal park projects, the cantons concerned shall coordinate their applications.art. 4 assessment 1 the amount of global financial aid is determined by:a.the extent and the quality of the services that will be provided in order to fulfil the requirements for the park;b.the quality of the provision of those services.2 the amount of global financial aid shall be negotiated between the federal office for the environment (foen) and the canton.art. 5 programme agreement 1 the foen shall enter into a programme agreement with the cantonal authority concerned.2 the programme agreement shall have a maximum term of four years (the programme term).3 financial aid for the establishment of a park shall be granted in the case of national parks for a maximum of two programme terms and in the case of regional natural parks and nature discovery parks for one programme term.art. 62 further procedural provisions in relation to payments, reporting and controls as well as failure to adequately fulfil the reporting obligation or the obligation to provide services, articles 10-11 of the ordinance of 16 january 19913 on the protection of nature and cultural heritage apply by analogy.2 amended by no i 25 of the o of 7 nov. 2007 on the new system of financial equalisation and division of tasks between the confederation and the cantons, in force since 1 jan. 2008 (as 2007 5823).3 sr 451.1section 2 park label art. 7 requirement the park label shall be awarded if the requirements for the park are fulfilled.art. 8 application 1 an application for the award of the park label must contain the charter on park operation and quality assurance, the constitution of the park authority and proof of the spatial planning safeguards applicable to the park.2 an application for renewal of the park label must also contain a report on the services that have been provided in fulfilment of the park requirements.3 the park authority must submit the application to the canton. in the case of supra-cantonal projects, it must submit the application to all the cantons concerned.4 the cantons shall examine the application documents and the requirements for the award and forward the application together with their proposals to the foen.art. 9 award 1 the foen shall award the park label to the park authority.2 the park label shall be awarded for a period of ten years.art. 10 exploitation 1 the park authority may exploit the park label only to publicise the park.2 the exploitation of the park label in order to advertise individual goods or services is prohibited.3 if the requirements for the award or the requirements for exploitation are no longer fulfilled, the foen shall allow a period within which to remedy the deficiencies. if the deficiencies are not remedied within the period allowed, the park label shall be revoked.section 3 product label art. 11 requirements the product label shall be awarded if:a.the product or service is primarily manufactured or provided in the park using local resources and in accordance with the principles of sustainable development;b.a specification for the product or service is provided that has been approved by the park authority in consultation with the foen, attesting to the fulfilment of the requirements for the award.art. 12 application 1 the application must contain the designation of the product or service and the approved specifications.2 individual persons and businesses or groups of persons and businesses that wish to mark specific goods or designate specific services with the product label may submit an application for the award of the product label to the park authority.art. 13 award 1 the park authority shall award the product label provided a certification agency that is accredited for the field of application of this ordinance under article 14 of the accreditation and designation ordinance of 17 june 19964 has certified compliance with the requirements for the award.2 it shall award the product label for the term of certification.3 if certification is revoked during this term, the park authority shall revoke the product label.4 sr 946.512art. 14 exploitation the product label may only be used for marking and marketing the goods and services for which it was awarded.chapter 3 requirements for parks of national importance section 1 high natural and landscape values art. 15 1 the territory of a park of national importance shall be characterised by its high natural and landscape values, and in particular by:a.the diversity and rarity of the indigenous animal and plant species as well as their habitats;b.the exceptional beauty and the character of the landscape;c.a low level of disturbance, by buildings, installations and uses, of the habitats of indigenous animal and plant species as well as of the landscapes and sites of local character.2 the territory of regional natural parks and of buffer zones in national parks shall also be characterised by the uniqueness and special quality of the cultural landscape as well as by historically significant sites and monuments.section 2 national parks art. 16 area 1 the area of the core zone of a national park shall amount to at least:a.100 km2 in the alpine foothills and alps;b.75 km2 in the jura and on the south side of the alps;c.50 km2 on the swiss plateau (mittelland).2 the core zone may be made up of unconnected sub-areas provided:a.the total surface area of the core zone exceeds the minimum area in terms of paragraph 1 by at least 10 per cent; andb.free natural development is guaranteed.3 at least 25 km2 of the core zone shall be located below the tree line.3bis part of the core zone may lie in a neighbouring foreign country provided half of the minimum area is located in switzerland and the other requirements of this article for the core zone are met.54 the buffer zone shall, as far as possible, surround the core zone completely. it shall have an area that is in appropriate proportion to the area of the core zone.5 inserted by no i of the o of 21 feb. 2018, in force since 1 april 2018 (as 2018 959).art. 17 core zone 1 to enable free natural development, the following are prohibited in the core zone:a.leaving the paths and routes provided, and bringing in animals;b.the use of any vehicles;c.6taking-off or landing using any civilian, manned aircraft, unless authorisation has been granted under article 19 paragraph 3 letter a or 28 paragraph 1 of the off-airport landing ordinance of 14 may 20147.cbis.8the operation of unmanned civilian aircraft;d.the construction of buildings and installations as well as terrain modification;e.use for agriculture or forestry, with the exception of traditional grazing use in clearly defined areas;f.fishing and hunting, with the exception of the regulation of stocks of game species in order to prevent significant damage caused by game;g.the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals.2 derogations from the regulations in paragraph 1 are permitted, provided they are minor and are made for good cause.3 the continued existence of existing buildings and installations is guaranteed. if an existing building or installation is not in the public interest, it must be removed when the opportunity arises. there is a public interest in particular if the existing building or installation has been made subject to a preservation order by the responsible authority.4 .96 amended by annex no 1 of the off-airport landing ordinance of 14 may 2014, in force since 1 sept. 2014 (as 2014 1339).7 sr 748.132.38 inserted by no i of the o of 21 feb. 2018, in force since 1 april 2018 (as 2018 959).9 repealed by no i of the o of 21 feb. 2018, with effect from 1 april 2018 (as 2018 959).art. 18 buffer zone 1 within the buffer zone, for the maintenance and near-natural management of the countryside and for its protection against detrimental intrusions:a.the ecological functions of the areas used for agriculture, the forest and the watercourses must be preserved and encouraged;b.use for the purposes of tourism and recreation must be organised in an ecological manner;c.the landscapes and sites of local character must be preserved and as far as possible enhanced;d.the habitats of indigenous animal and plant species that are worthy of protection must be enhanced and linked;e.in the case of new buildings, installations and uses, the character of the landscapes and sites of local character must be preserved and enhanced;f.existing disturbances to the landscapes and sites of local character by buildings, installations or uses must be minimised or eliminated when the opportunity arises.2 the sustainable use of the natural resources of the buffer zone must be encouraged.section 3 regional nature parks art. 19 area 1 the area of a regional natural park shall amount to at least 100 km2.2 it shall include the entire territory of the communes concerned. derogation from this principle is permitted if:a.a large area that is delimited naturally is being incorporated into the area of a regional nature park;b.the rural part of an extended agglomeration commune with urban residential character contributes to rounding off the area of a regional nature park.art. 20 preservation and enhancement of nature and landscape in a regional natural park, in order to preserve and enhance the quality of nature and the landscape:a.the diversity of the indigenous animal and plant species, the types of habitat as well as the landscapes and sites of local character must be preserved and as far as possible enhanced;b.the habitats of indigenous animal and plant species that are worthy of protection must be enhanced and linked;c.in the case of new buildings, installations and uses, the character of the landscapes and sites of local character must be preserved and enhanced;d.existing impairments to the landscapes and sites of local character by buildings, installations or uses must be minimised or eliminated when the opportunity arises.art. 21 encouraging sustainable business activities in regional nature parks, in order to encourage sustainable business activities, the following shall be required in particular:a.the use of local natural resources in an environmentally sound manner;b.the strengthening of regional production and of the marketing of products produced in the park;c.the encouraging of services directed towards near-natural tourism and environmental education;d.support for the use of environmentally sound technologies.section 4 nature discovery parks art. 22 area and location 1 the area of the core zone of a nature discovery park shall amount to at least 4 km2.2 the core zone may be composed of unconnected sub-areas provided:a.the total surface area of the core zone exceeds the minimum area in terms of paragraph 1 by at least 10 per cent; andb.free natural development is guaranteed.3 the transition zone shall, as far as possible, surround the core zone completely. it shall have an area that is in appropriate proportion to the area of the core zone.4 a nature discovery park shall be located within a maximum radius of 20 kilometres from the centre of an agglomeration and at a similar elevation.5 it shall be easily accessible using public transport.art. 23 core zone 1 to enable free natural development, the following are prohibited in the core zone:a.leaving the paths and routes provided and bringing in animals, with the exception of dogs, which must be kept on a leash;b.the use of any vehicle with exception of non-motorised vehicles on routes marked in accordance with article 54a of the road signs ordinance of 5 september 197910;c.the construction of buildings and installations as well as terrain modification;d.use for agriculture or forestry;e.fishing and hunting, with the exception of the regulation of stocks of game species in order to prevent significant damage caused by game;f.the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals.2 derogations from the regulations in paragraph 1 are permitted, provided they are minor and are made for good cause.3 the continued existence of existing buildings and installations is guaranteed. if an existing building or installation is not in the public interest, it must be removed when the opportunity arises. there is a public interest in particular if the existing building or installation has been made subject to a preservation order by the responsible authority.10 sr 741.21art. 24 transition zone in the transition zone, to make it possible for nature to be experienced and to ensure that the transition zone fulfils its buffer function in relation to the core zone:a.suitable measures must be taken for the environmental education of the visitors;b.agricultural and forestry uses as well as new buildings and installations that prejudice the development of unspoiled habitats for indigenous animal and plant species are prohibited;c.habitats for indigenous animal and plant species that are worthy of protection must be enhanced and linked;d.access must be limited and the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals must be restricted if this is required to protect indigenous animal and plant species.section 5 long-term guarantee art. 25 park authority 1 the park authority must have the legal form, organisation and financial resources that guarantee the establishment, operation and quality assurance of the park.2 communes located within the perimeter of the park must be properly represented in the park authority.3 in relation to the establishment and management of the park, the park authority must:a.guarantee the participation of the local population;b.enable the participation of interested businesses and organisations in the region.art. 26 charter 1 the park authority and the communes concerned must, in consultation with the canton, draw up and implement a charter on park management and quality assurance.2 the charter shall regulate:a.the maintenance of the natural, landscape and cultural values of the park;b.the enhancement and development measures in the territory of the park;c.the alignment of activities carried out by the communes and that affect land use with the requirements to be fulfilled by the park;d.the investment planning for the provision of human and financial resources as well as the required infrastructure for park management and quality assurance.3 the charter must be concluded for a term of at least ten years.art. 27 spatial planning safeguards and co-ordination of activities affecting land use 1 the park must be marked on the structure plan approved in accordance with article 11 paragraph 1 of the spatial planning act of 22 june 197911.2 the authorities responsible for planning matters under the spatial planning act of 22 june 1979 must:a.adapt the land use plans in accordance with the spatial planning act to the extent required by the guarantee of the fulfilment of park requirements;b.publicise in an appropriate manner the regulations on the protection of core zones of national parks and nature discovery parks.11 sr 700chapter 4 research and cooperation between parks art. 28 1 the foen, together with the park authorities, the cantons concerned and institutions responsible for the promotion of research shall ensure the coordination of research on parks, where such research relates to several parks. it may issue recommendations on research in parks.2 it shall ensure cooperation and knowledge transfer among parks and with parks abroad. it may delegate these tasks to an umbrella organisation for swiss parks.1212 amended by no i of the o of 21 feb. 2018, in force since 1 april 2018 (as 2018 959).chapter 5 final provisions art. 29 implementation 1 the foen shall be the federal office responsible for parks of national importance.2 it shall implement this ordinance.3 while fulfilling its tasks, it shall work in close cooperation in particular with the federal agencies responsible for agriculture, spatial development, regional policy, infrastructure facilities, national defence, sport, cultural heritage and preservation of historic monuments as well as with the cantons.4 it shall ensure the protection under trademark law of park label and the product label in accordance with the trademark protection act of 28 august 199213, the control of the exploitation of the park label and of the product label as well as their publication.5 after consulting the cantons, it shall issue guidelines on the award and exploitation of the park label and the product label as well as on the granting of global financial aid. it shall issue the guidelines on the award and exploitation of the product label in agreement with the federal office for agriculture and the state secretariat for economic affairs.13 sr 232.11art. 30 transitional provision the requirement contained in article 27 paragraph 1 is regarded as fulfilled if the canton submits the amendment to the cantonal structure plan to the federal office concerned for approval by 31 december 2009.art. 31 commencement this ordinance comes into force on 1 december 2007.

451.61 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation(nagoya ordinance, nago)of 11 december 2015 (status as of 1 january 2017)the swiss federal council,based on articles 23n paragraphs 5 and 6, 23o paragraph 3, 23q paragraph 1 and 26 of the federal act of 1 july 19661 on the protection of nature and cultural heritage (ncha), in application of the nagoya protocol of 29 october 20102 on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity (nagoya protocol),ordains:1 sr 4512 sr 0.451.432section 1 general provisions art. 1 subject matter this ordinance regulates access to and the utilisation of genetic resources and associated traditional knowledge as well as the fair and equitable sharing of benefits arising from their utilisation.art. 2 definitions in this ordinance:a.genetic resources means genetic material of actual or potential value;b.genetic material means any material of plant, animal, microbial or other origin that contains functional units of heredity;c.utilisation of genetic resources means conducting research and development on the genetic or biochemical composition of genetic resources, including through the application of biotechnology as defined in article 2 of the convention of 5 june 19923 on biological diversity;d.users means legal or natural persons who in accordance with the nagoya protocol utilise a genetic resource or associated traditional knowledge or benefit directly from their utilisation;e.commercialisation means selling products developed on the basis of utilised genetic resources or of utilised associated traditional knowledge, as well as other legal transactions in connection with utilised genetic resources or with utilised traditional knowledge that result in monetary benefits, in particular licences, pledge agreements or similar legal transactions;f.internationally recognised certificate of compliance means a permit or its equivalent issued at the time of access by a competent authority in accordance with article 6 paragraph 3 letter e and article 13 paragraph 2 of the nagoya protocol and registered with the international access and benefit-sharing clearing-house.3 sr 0.451.43section 2 requirements for the utilisation of genetic resources and associated traditional knowledge of other parties to the nagoya protocol art. 3 due diligence requirement 1 in meeting the due diligence requirement in accordance with article 23n ncha, users must in particular record, keep and pass on the following information to subsequent users:a.the internationally recognised certificate of compliance issued in accordance with the provisions of the nagoya protocol as well as any information on use and transfer rights;b.if an internationally recognised certificate of compliance is not available, the following information:1.the name and address of the user,2.a description of the genetic resource or subject matter and its utilisation,3.the date on which the genetic resource was accessed,4.the source of the genetic resource,5.the name and address of the person from whom the genetic resource was acquired directly, date of its acquisition and, if available, a confirmation from the person that the genetic resource was acquired lawfully for the utilisation concerned and may be transferred,6.in the case of transfers of genetic resources, the name and address of the subsequent user and the date of the transfer,7.where required, the permit or its equivalent as evidence of the prior informed consent of the entitled party to the nagoya protocol as well as information on use and transfer rights,8.where required, evidence that mutually agreed terms for the fair and equitable sharing of benefits have been established.2 if specific information under paragraph 1 letter b is unknown and cannot be obtained, the reasons must be recorded, kept and passed on to subsequent users.3 if the name and address of the person under paragraph 1 letter b number 5 are subject to trade secrecy, this information need not be passed on to subsequent users.4 in an internationally or nationally recognised emergency that threatens the health of humans, animals or plants or the environment, it suffices if the due diligence requirement for the utilisation of genetic resources that are pathogenic or harmful organisms is fully met at the time of the commercialisation of products developed on the basis of the utilised genetic resources.5 all information specified in paragraphs 1 and 2 must be retained as follows and be made available on request to the implementing authorities:a.for ten years after the end of utilisation or directly benefiting; andb.for as long as the genetic resource or the product developed on the basis of the utilised genetic resource is retained.art. 4 notification requirement 1 notification as defined in article 23o paragraph 1 ncha must be given by the user. it must contain the information specified in article 3 paragraphs 1 and 2 that is available at the time of the notification.2 notification may also be given voluntarily, in particular if no commercialisation is intended.3 the user receives a register number as evidence of the notification.4 if compliance with the due diligence requirement has already been attested to under article 7 of regulation (eu) no. 511/20144 or is evident on the basis of information published through the international clearing house under article 14 of the nagoya protocol, the user may notify the federal office for the environment (foen) of the register number of the corresponding attestation or publication instead of providing the information under article 3 paragraph 1.5 as part of the market authorisation procedure, the user must specify to the competent authority under article 11 whether the product to be commercialised has been developed on the basis of utilised genetic resources subject to due diligence and notification requirements, and where applicable, the register number.4 regulation (eu) no. 511/2014 of the european parliament and of the council of 16 april 2014 on compliance measures for users from the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization in the union text, oj l 150 of 20 may 2014, p. 59.art. 5 traditional knowledge the requirements for recording, retaining and passing on information and for notification under articles 3 and 4 apply, mutatis mutandis, to users of traditional knowledge associated with genetic resources in accordance with article 23p ncha.art. 6 recognition of best practices 1 the foen keeps a public register of practices that users may apply on the assumption that they meet the requirements under articles 3-5 and 8.2 a practice is included in the register if so requested by users or other interested parties and it is demonstrated that the practice meets the requirements under articles 3-5 and 8. the foen must be informed of changes or updates to a recognised practice.3 the foen may also, on its own initiative, include in the register a practice that meets the requirements under articles 3-5 and 8.4 if there are signs that through the application of a recognised practice the requirements under articles 3-5 and 8 are no longer met, the foen sets a deadline by which the necessary measures must be taken. if the requirements are not met by the deadline, the foen removes the practice from the register.art. 7 recognition of collections 1 the foen, taking account of article 5 of ordinance (eu) no. 511/20145, keeps a public register of recognised collections for which the holder guarantees that:a.the requirements under articles 3-5 and 8 are met when genetic resources and related information are acquired, retained and passed on; andb.standardised practices and instruments are applied to ensure the traceability and monitoring of exchanges when genetic resources and related information are exchanged with other collections that do not utilise the genetic resources concerned or benefit directly from their utilisation.2 a collection is included in the register if requested by a holder and after the foen has verified and confirmed the compliance of the collection or a specific part thereof with the requirements under paragraph 1. the foen may commission third parties to perform this verification.3 if there are signs that a collection or a specific part thereof no longer meets the requirements under paragraph 1, the foen sets a deadline by which the necessary measures must be taken. if the requirements are not met by the deadline, the foen removes the collection or the part concerned thereof from the register.5 see also footnote to art. 4 para. 4.section 3 genetic resources in switzerland art. 8 access to genetic resources in switzerland 1 on accessing genetic resources in switzerland, the user must record and retain and following information and pass it on to subsequent users:a.the name and address of the user;b.description of the genetic resource or subject matter and its utilisation;c.date on which and location where the genetic resource was accessed;d.in the case of direct acquisition of the genetic resource from a third party: the name and address of this person and the date of acquisition;e.in the case of the transfer of genetic resources: the name and address of the subsequent user and the date of the transfer.2 if the name and address of the person under paragraph 1 letter d are subject to trade secrecy, this information need not be passed on to subsequent users.3 the user must notify the foen of the information specified in paragraph 1 before market approval or, if such approval is not required, before the commercialisation of products developed on the basis of utilised genetic resources.4 notification may also be given voluntarily, in particular if no commercialisation is intended.5 the user receives a register number as evidence of the notification and, on request, an attestation to the effect that the swiss provisions on access and sharing of benefits have been complied with.6 the information specified in paragraph 1 must be retained in accordance with the requirements set out in article 3 paragraph 5 and be made available on request to the implementing authorities.7 genetic resources in respect of which the information specified in paragraph 1 has already been recorded and made available to the foen in global form in connection with a different procedure are exempt from the notification requirements under paragraph 3.art. 9 conservation and sustainable use 1 applications for financial assistance for the conservation and sustainable use of genetic resources in accordance with article 23q paragraph 2 ncha must be submitted to the foen.2 support may be given in particular to the activities of institutions or organisations that engage in in situ or ex situ conservation, characterisation, or sustainable use of genetic resources or employ benefits arising from the utilisation of genetic resources for the conservation of biodiversity and the sustainable use of their components.3 information on genetic resources relating to supported activities must be made available on request to the foen.section 4 duties of the authorities art. 10 duties of the foen 1 the foen is the competent authority and focal point for the nagoya protocol. it has the following specific tasks:a.it operates a national access and benefit-sharing clearing-house.b.it ensures the liaison between the secretariat under article 24 of the convention of 5 june 19926 on biological diversity and the international access and benefit-sharing clearing-house.c.it carries out the tasks specified in article 13 of the nagoya protocol.d.it ensures the exchange of information with the international access and benefit-sharing clearing-house under article 14 of the nagoya protocol.e. at the request of other parties to the nagoya protocol, it makes available information relating to compliance with the due diligence requirement; confidential information is made available only if the official secrecy and appropriate protection of privacy are ensured in accordance with swiss law.f.it operates an electronic database that contains information relating to the requirements under articles 3-5 and 8.g.it publishes information as specified in article 23o paragraph 2 second sentence ncha and other non-confidential information relating to the requirements under articles 3-5 and 8.h.it performs a formal verification of the notifications under articles 4 and 8.i.it verifies compliance with the requirements under articles 3-5 and 8 if tangible signs of their violation exist or when carrying out spot checks; it may also involve the cantons.j.it operates a public register of best practices, recognised collections and other procedures as specified in article 8 paragraph 7.k.it ensures that events related to the execution of the nagoya protocol are held, as necessary.l.it issues reports as specified in article 29 of the nagoya protocol.2 the foen encourages users to voluntarily share the benefits arising from the utilisation of genetic resources or associated traditional knowledge in a fair and equitable way even when there is no legal obligation to do so. it aims to ensure that the benefits are used to conserve biological diversity and the sustainable use of their components.6 sr 0.451.43art. 11 duties of other authorities 1 as part of the market authorisation procedure in accordance with the ordinances listed below, the competent authorities verify whether evidence of compliance with the notification requirement as specified in articles 4, 5 and 8 exists for products developed on the basis of utilised genetic resources or associated traditional knowledge:productcompetent authorityapplicable regulationa.therapeutic products (human and animal therapeutic products)swiss agency for therapeutic products (swissmedic)ordinance of 17 october 20017 on therapeutic productsb.immunological therapeutic products for use by veterinariesfederal food safety and veterinary office (fsvo)ordinance of 17 october 2001 on therapeutic productsc.foodstuffs, additives, processing aidsfsvoordinance of 23 november 20058 on foodstuffs and utility articlesd.plant protection productsfederal office for agriculture (foag)ordinance of 12 may 20109 on plant protection productse.fertilisersfoagordinance of 10 january 200110 on the placing on the market of fertilisersf.animal feedstuffsfoagordinance of 26 october 201111 on the production and marketing of feedstuffsg.plant propagation material exclusively for use in forestsfoenordinance of 10 september 200812 on the handling of organisms in the environmenth.plant propagation material for all other usesfoagordinance of 7 december 199813 on the production and placement on the market of plant propagation materiali.biocide productsfederal office of public health (foph)ordinance of 18 may 200514 on biocide productsj.chemicalsfophordinance of 5 june 201515 on protection against dangerous substances and preparationsk.other productsfoenordinance of 10 september 2008 on the handling of organisms in the environment2 if no evidence of compliance with the notification requirement is submitted at the beginning of the process, the competent authorities require users to submit evidence of compliance before the authorisation process is completed.3 the competent authorities refuse authorisation if the user or users fails to submit evidence of compliance with the notification requirement.4 the competent authorities forward to the foen the information from the user or users concerning compliance with the notification requirement at its request.7 sr 812.212.218 sr 817.029 sr 916.16110 sr 916.17111 sr 916.30712 sr 814.91113 sr 916.15114 sr 813.1215 sr 813.11section 5 final provisions art. 12 amendments of other legislation the amendment of other legislation is specified in the annex.art. 13 commencement 1 subject to paragraph 2 below, this ordinance comes into force on 1 february 2016.2 article 8 comes into force on 1 january 2017.annex amendments of other legislation the legislation below is amended as follows:.1616 the amendments may be consulted under as 2016 277.

454 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the swiss national park in the canton of graubnden(national park act)of 19 december 1980 (status as at 1 january 2017)the federal assembly of the swiss confederation,on the basis of article 78 paragraphs 3 and 4 of the federal constitution1,2and having considered the dispatch of the federal council dated 12 september 19793,decrees:1 sr 1012 amended by annex no 1 of the federal act of 18 march 2016, in force since 1 jan. 2017 (as 2016 3207; bbl 2014 4909).3 bbl 1979 iii 705art. 1 nature and purpose 1 the swiss national park in the engadin and mnstertal in the canton of graubnden is a reserve where nature is protected against any human intrusions and in particular where all flora and fauna is allowed to develop naturally. intrusions shall be permitted only if they directly serve the upkeep of the park.2 the national park shall be open to the general public to the extent permitted by the park regulations. the park shall be the subject of continuous scientific research.art. 2 park authority the authority responsible for the national park is the swiss national park public-law foundation (the foundation) with registered office in bern.art. 3 funding 1 the original assets of the foundation shall comprise the national park fund established by the swiss nature protection league.2 in order to fulfil its tasks, the foundation shall use the revenues from the foundation assets and other income.3 the confederation shall contribute an annual sum to the costs of management, supervision and maintenance.4 the foundation may charge fees for the use of facilities within the national park.5 the foundation assets may only be used in exceptional cases. they must not fall below 1,000,000 francs.art. 4 federal national park commission 1 the supreme governing body of the foundation is the federal national park commission. it comprises nine members, who are appointed by the federal council.2 three members shall be proposed by the swiss nature protection league, two by the swiss academy of sciences, and one member each by the canton of graubnden and the park communes. two members shall represent the swiss confederation.3 the federal council shall appoint the president of the federal national park commission. otherwise the commission shall constitute itself. it shall appoint the secretary, the accountant and other administrative personnel.art. 5 tasks 1 the federal national park commission shall ensure the upkeep and promotion of the national park. it shall in particular:a.cooperate with the canton and the communes;b.manage, supervise and maintain the park and its facilities;c.inform the general public about the nature and purpose of the national park as well as about the regulations for visitors;d.encourage cooperation between park managers and research scientists.2 the federal national park commission shall ensure the legal protection of the territory of the park. it shall enter into contracts for the fulfilment of the objects of the foundation. contracts on the safeguarding of the park territory, its reduction or expansion, together with any payments required in connection therewith shall require the approval of the federal council.3 the federal national park commission in consultation with the federal department of the environment, transport, energy and communications4 shall issue regulations on the management and supervision of the park.4 the title of the administrative unit was modified by art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937). this modification has been made throughout the text.art. 6 legal succession 1 the foundation shall assume the rights and obligations that relate to the national park and which were held by the confederation prior to the commencement of this act.2 it shall in particular become party to the contracts between the confederation and the persons with rights to the land.3 the participation of the swiss academy of sciences and of the swiss nature protection league shall be regulated in an agreement with the swiss confederation.art. 7 park regulations after consulting the federal national park commission, the canton of graubnden shall issue the park regulations, which require the approval of the federal council.art. 8 criminal provisions 1 any person who infringes the provisions of the park regulations that state that they carry a penalty in accordance with this article shall be liable to a fine.2 the cantons are responsible for the prosecution of offences.3 the park management bodies may order the forfeiture of articles that persons have acquired in infringement of the park regulations.art. 9 supervision and appeals 1 the national park shall be subject to the supervision of the federal department of the environment, transport, energy and communications. the federal national park commission shall submit a report to the department each year that shall require the approval of the federal council and the federal assembly.2 the swiss federal audit office shall audit the park accounts.3 decisions made by the federal national park commission shall be subject to a right of appeal in accordance with the general provisions on the administration of federal justice.55 amended by annex no. 44 of the administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 10 final provisions 1 the federal decree of 7 october 19596 on the swiss national park in the canton of graubnden is repealed.2 this act is subject to an optional referendum.3 the federal council shall determine the commencement date.commencement date: 15 april 198176 [as 1961 882]7 federal council decree of 28 jan. 1981 (as 1981 238)

455.109.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.fdha ordinanceon training in animal husbandry andhandling of animals(animal welfare training ordinance, awto)1of 5 september 2008 (stand am 1. mrz 2018)(status as of 1 march 2018)1 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).the federal department of home affairs (fdha)2,based on articles 190, paragraphs 3 and 4, 197 paragraph 3, 198 paragraph 3, 202 paragraph 2 and 203 paragraph 1 of the animal welfare ordinance of 23 april 20083 (aniwo),decrees:2 the name of the administrative unit was modified in accordance with art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937), with effect from 1 jan. 2013.3 sr 455.1chapter 1 purpose and scope art. 14 1 this ordinance contains the criteria for the recognition of specialist training independent of vocational training for:a.persons who keep equids commercially;b.persons who are responsible for the care of wild animals or who care for animals commercially;c.persons who commercially breed or keep fish intended for consumption or stocking purposes or decapods;d.persons who supply more than the number of animals stipulated in article 101 letter c aniwo;e.persons who perform hoof care for cattle or equids;f.retail specialists in the pet shop trade who are responsible for the care of the animals;g.persons who care for decapods or for fish intended for consumption or stocking purposes or as bait in commercial establishments;h.specialised staff involved in animal experiments;i.animal transport personnel;j.personnel in animal slaughterhouse facilities who handle animals or stun and bleed them; and k.trainers of animal keepers.2 it contains the criteria for recognition of training with a certificate of competence for:a.keeping and caring for pets and wild animals;b.handling fish and decapods;c.caring for animals at fixed-term events and in advertising; andd.dehorning and castrating lambs, goat kids, calves and piglets.3 it regulates the form of continuing education and the procedure for carrying out continuing education and training.4 it determines the content and form of training to acquire a cantonal licence to use equipment for therapeutic purposes when handling dogs in accordance with article 76 paragraph 3 aniwo.5 it contains the examination requirements for the training of:a.persons stipulated in paragraph 1;b.persons wishing to acquire a cantonal licence to use equipment for therapeutic purposes when handling dogs in accordance with article 76 paragraph 3 aniwo.6 it does not apply to training with a certificate of competence in handling fish and decapods in accordance with article 5a of the ordinance of 24 november 19935 to the federal act on fish.4 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).5 sr 923.01chapter 2 special training not leading to a vocational qualification section 1 care, breeding and keeping of animals6 6 amended by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781). art. 27 learning objectives 1 the objective of training in accordance with article 31 paragraph 5, 85 paragraph 2, 97 paragraph 2, 102 paragraph 2 or 103 letter e aniwo must be to ensure that animal keepers or persons responsible for their care, handle them with due care, house them in a species-appropriate manner, keep them healthy, breed them responsibly and raise healthy young animals.2 the objective of training in accordance with article 102 paragraph 5 aniwo must be to ensure that persons who perform hoof care for cattle or equids know how to handle the animals with due care.7 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 3 form and scope 1 training comprises a theoretical part, a practical part and a traineeship with an organisation in accordance with article 206 aniwo.2 the theoretical part and the practical part together comprise at least 40 hours, of which the theoretical part accounts for at least 20 hours and the practical part at least 10 hours. the traineeship lasts at least three months.3 at least 10 hours of the theoretical part of training for persons who breed pets or working dogs commercially must deal with the areas described in article 4 paragraph 2 letters d-g.88 amended by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).art. 4 content of the theoretical part 1 the theoretical part provides basic knowledge of the following aspects relating to the animals being cared for:a.animal welfare legislation and other legislation relevant to the specific area;b.handling of animals with due care;c.hygiene in enclosures and premises, hygiene of material and persons, and prevention of infectious diseases;d.responsibilities, obligations and competencies of the persons caring for the animals;e.anatomy and physiology of the animal; andf.normal behaviour and needs of the animals as well as signs of anxiety, stress and suffering.2 the theoretical part of training in accordance with article 31 paragraph 5, 85 paragraph 2, 97 paragraph 2, 102 paragraph 2 or 103 letter e aniwo provides in-depth knowledge of the following aspects relating to the animals being cared for:9a.animal care and the care of sick and injured animals;b.feeding, in particular the composition of feed, physiological feed requirements and occupation in the context of feeding;c.housing requirements and design of the housing environment to enable species-specific behaviour;d.rearing animals and normal development of young animals;e.course of a normal birth or egg laying and the most common signs of birthing problems or egg binding;f.genetic theory, breeding methods and parentage tests; andg.breeding objectives and genetic defects.3 the theoretical part of training in accordance with article 102 paragraph 5 aniwo provides in-depth knowledge of the following aspects:a.animal care and the care of sick and injured animals;b.correct handling of animals; c.housing conditions that enable species-specific behaviour; d.providing the services with due care;e.cleaning and disinfection of rooms, enclosures and equipment.109 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).10 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).art. 511 content of the practical part 1 the practical part of training in accordance with article 31 paragraph 5, 85 paragraph 2, 97 paragraph 2, 102 paragraph 2 or 103 letter e aniwo must contain practical exercises in handling the animals, care, observation of behaviour, setting up enclosures and hygiene.122 the practical part of training in accordance with article 102 paragraph 5 aniwo must contain practical exercises in handling the animals, care, hygiene and carrying out the procedures on the animal associated with the services.11 amended by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).12 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).section 1a13 retail specialists in the pet shop business 13 inserted by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 5a learning objectives the objective of training in accordance with article 103 letter b aniwo must be to ensure that retail specialists house the animals according to their needs and keep them healthy, pass on their knowledge to customers in a suitable form and know what is important for breeding and keeping healthy animals responsibly.art. 5b form and scope 1 training consists of a theoretical part and a traineeship with one or more organisations as described in article 206 aniwo. the traineeship relates to specific animal groups, involving at least four of the animal groups listed in article 5d paragraph 1.2 the theoretical part comprises at least 90 hours, the traineeship at least 40 working days, of which at least ten working days must be devoted to each of four different animal groups listed in article 5d.art. 5c content of the theoretical part 1 the theoretical part provides basic knowledge of the following aspects:a.animal welfare legislation and other legislation relevant to the specific area;b.handling of animals with due care;c.hygiene in enclosures and of material and persons, and prevention of infectious diseases;e.anatomy and physiology of the animal; andf.normal behaviour and needs of the animals as well as signs of anxiety, stress and suffering.2 it provides in-depth knowledge of the following aspects of commonly traded animals:a.animal care and the care of sick and injured animals;b.feeding, in particular the composition of feed, physiological feed requirements, occupation in the context of feeding;c.housing requirements and design of a housing environment to enable species-specific behaviour;d.raising animals; ande.correct euthanasia of animals being cared for.art. 5d content of the traineeship 1 the traineeship covers the following animal groups:a.dogs, cats and ferrets;b.small mammals, particularly rodents, rabbits and tenrecs;c.birds, particularly canaries, estrildid finches and parrot-like birds;d.freshwater and saltwater fish;e.pond fish;f.reptiles, particularly lizards, snakes and tortoises, and amphibians, particularly frogs and salamanders.2 it must contain practical exercises in the handling of animals, care, observation of behaviour, setting up enclosures, hygiene and transport of animals.section 2 animal transport personnel art. 6 learning objectives the objective of training in accordance with article 150 aniwo must be to ensure that animal transport personnel handle animals with due care and provide the correct care.art. 7 form and scope 1 the theoretical part comprises at least 12 hours.2 the practical part is provided for specific groups of animals and is learned by accompanying an experienced animal transport operator, comprising:a.for poultry transport personnel: at least two working days spent on poultry;b.for animal transport personnel who transport pets, laboratory animals or wild animals: at least two working days spent on regularly transported animal species in these animal groups;c.in all other cases at least five working days, of which at least one day must be spent on each of the animal groups listed in article 9 paragraph 1 letters a-d.1414 amended by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).art. 8 content of the theoretical part 1 the theoretical part provides basic knowledge of the following aspects:a.legislation concerning animal welfare, epizootic diseases and road traffic;b.normal behaviour and needs of the animals; andc.structure and functioning of the animal.2 it provides in-depth knowledge of the following aspects:a.handling animals in situations such as loading and unloading, herding, stress-reducing housing during transport with special reference to climatic conditions during transport and group composition;b.care of sick and injured animals;c.driving style;d.requirements on technical equipment such as ramps, vehicles and trailers;e.responsibilities, obligations and competencies of members of the management, dispatchers, drivers and animal carers; andf.cleaning and disinfection.art. 9 content of the practical part 1 the practical part is taught with reference to the following specific animal groups:a.young bovine animals or bulls;b.cows;c.pigs;d.small ruminants;e.poultry;f.15pets, particularly dogs and cats;g.16laboratory animals; andh.17wild animals.2 it must contain practical exercises in the handling of animals in situations such as loading and unloading, herding, driving and care of the animals.15 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).16 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).17 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).section 3 personnel in slaughterhouse facilities18 18 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 1019 learning objectives the objective of training in accordance with article 177 paragraph 2 aniwo must be to ensure that personnel in slaughterhouse facilities handle animals with due care and stun and bleed them correctly.19 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 1120 form and scope 1 training comprises a theoretical part and a practical part. the practical part is taught under instruction while working at one or more slaughterhouse facilities21. it relates to specific tasks, involving at least one of the animal groups listed in article 9 paragraph 1. persons who perform activities with more than one animal group must receive practical training with at least two of the animal groups listed in article 9 paragraph 1.2 persons with a managerial function and animal welfare officers in accordance with article 177a paragraph 3 aniwo must be trained in both areas of activity in accordance with article 177 paragraph 2 letters a and b aniwo.3 the theoretical part comprises at least six hours.4 the practical part comprises at least two days for each animal group and at least 12 hours in total.20 amended by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).21 term in accordance with no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). this modification has been made throughout the text.art. 12 content of the theoretical part 1 the theoretical part provides basic knowledge of the following aspects:a.legislation governing animal welfare, epizootic diseases and food hygiene;b.normal behaviour and needs of the animals; andc.anatomy and physiology of the animal.2 the theoretical part of training in accordance with article 177 paragraph 2 letter a aniwo provides in-depth knowledge of the following aspects:a.handling animals in situations such as unloading, herding, housing and care; andb.responsibilities, obligations and competencies of persons assigned to unload and herd the animals, house them in compliance with animal welfare requirements and care for them in slaughterhouse facilities.3 the theoretical part of training in accordance with article 177 paragraph 2 letter b aniwo provides in-depth knowledge of the following aspects:a.use of stunning methods and checking their efficacy;b.bleeding;c.correct use, cleaning and storage of stunning equipment and cartridges, and checking they operate correctly; andd.responsibilities, obligations and competencies of persons assigned to stun and bleed animals in slaughterhouse facilities.art. 13 content of the practical part the practical part comprises:a.for training in accordance with article 177 paragraph 2 letter a aniwo: practical exercises in handling animals in situations such as unloading, herding, housing and care;a.for training in accordance with article 177 paragraph 2 letter b aniwo: practical exercises in the use of stunning methods and cleaning and checking stunning equipment.section 4 trainers of animal keepers art. 14 learning objectives 1 the objective of training in accordance with article 203 aniwo must be to give trainers of animal keepers in-depth knowledge of the species-specific needs of animals and their appropriate housing.2 .223 after completing their training, trainers must be able to pass on their knowledge clearly and comprehensibly.22 repealed by no i of the fdha ordinance of 23 nov. 2016, with effect from 1 jan. 2017 (as 2016 4873).art. 15 scope training comprises at least 140 hours in total, of which the theoretical part accounts for at least 50 and no more than 70 hours.art. 16 content of the theoretical part 1 the theoretical part provides basic knowledge of the following:a.structure of lessons and timetables;b.applied learning psychology;c.position of animal welfare legislation in the swiss legal system, tasks of animal welfare authorities and obligations of animal keepers; andd.administration of course organisation.2 it provides in-depth knowledge of the aspects covered in the respective training in accordance with articles 197 and 198 aniwo.art. 17 content of the practical part the practical part provides practical skills in the areas covered by article 16.section 5 heads of laboratory animal facilities23 23 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 18 learning objectives the objective of training in accordance with article 115 aniwo must be to ensure that the head of a laboratory animal facility ensures that the laboratory animals are housed and cared for correctly, that they are handled with due care and that laboratory animals are bred or produced responsibly.art. 19 scope training comprises at least 40 hours in total, of which the theoretical part accounts for at least 30 hours. art. 20 content of the theoretical part 1 the theoretical part provides basic knowledge of the content described in article 24 paragraph 1 letters b-d.2 it provides in-depth knowledge of the content described in article 24 paragraphs 1 letters e-j and 2 letters a-f and i, and in article 28 letters a, f and g.art. 21 content of the practical part the practical part teaches the content described in article 25 letters a-f and the practical implementation of the requirements applicable to an existing laboratory animal facility.section 6 persons who conduct experiments24 24 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 22 learning objectives 1 the objective of training in accordance with article 134 aniwo must be to ensure that persons who conduct experiments handle laboratory animals responsibly and with due care.2 training must teach the 3r principle (replace-reduce-refine), according to which:a.animal experiments must be replaced wherever possible by methods that do not involve laboratory animals (replace);b.the number of animal experiments must be restricted to the minimum (reduce);c.the constraints on the laboratory animals must be kept as small as possible (refine).art. 23 scope the theoretical and practical parts each comprise at least 20 hours.art. 24 content of the theoretical part 1 the theoretical part provides basic knowledge of the following aspects of commonly used laboratory animal species:a.principles of the animal welfare legislation and regulations specific to animal experiments;b.ethical principles relating to the use of animals for scientific purposes, their dignity and their value;c.anatomy and physiology of the animal;d.normal behaviour and needs of the animals and signs of anxiety, stress and suffering;e.breeding methods, the major strains of laboratory animal and genetic standardisation;f.methods of producing genetically modified animals and characterising them;g.rearing;h.health monitoring and the major diseases in laboratory animals, hygiene in enclosures and premises and of material and persons, and prevention of infectious diseases;i.housing animals in barrier systems, here specific pathogen-free and gnotobiotic animals; andj.responsibilities, obligations and competencies of the persons caring for the animals;2 it provides in-depth knowledge of the following aspects of the laboratory animals used:a. handling laboratory animals with due care;b.care, particularly of sick or operated laboratory animals;c.feeding, particularly of sick or operated laboratory animals;d.housing requirements and design of a housing environment that enables species-specific behaviour;e.abnormal behaviour with respect to signs of sickness, pain, agitation and anxiety;f. transport of laboratory animals with due care;g.suitable methods of anaesthesia that do not cause any avoidable suffering and checking their efficacy;h.correct analgesia;i.correct euthanasia; andj.the 3r principle and its practical implementation using established examples.art. 25 content of the practical part the practical part must contain practical exercises covering:a.handling of laboratory animals with due care;b.observation of behaviour;c.determination of weight and sex;d.marking laboratory animals;e.drawing blood, administration of substances, collection of samples of urine and faeces;f.working hygienically; g.recognition of the different stages of general anaesthesia and monitoring them, and administration of analgesics and checking analgesia.section 7 animal welfare officers and study directors25 25 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 2626 learning objectives the objective of training in accordance with article 129b paragraph 1 or 132 paragraph 1 aniwo must be to ensure that animal welfare officers and study directors plan and direct animal experiments correctly and apply the 3r principle.26 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 2727 form and scope training consists of a theoretical part and an experimental objective-focused part, each lasting at least 20 hours.27 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 28 content of the theoretical part the theoretical part expands the teaching content described in article 24 and provides knowledge of the following aspects:a.animal welfare regulations applicable to animal experiments and laboratory animals;b.national regulations concerning the registration of medicinal products, biological agents and chemicals, and the principles of corresponding international agreements;c.research in and analysis of scientific publications with respect to planning experiments and reviewing possible alternative methods, knowledge of the major sources regarding alternative methods;d.biometrics and use of statistical methods to plan experiments and analyse and interpret results;e.selection of suitable animal species, strains and lines depending on the experimental design;f.pain assessment and recording of constraints;g.ways of reducing the constraints on laboratory animals, particularly ways of administering analgesics and applying withdrawal criteria;h.principles of good laboratory practice;i.prevention and recognition of diseases, influence of infectious diseases or drug administration on the experimental results;j.gnotobiology;k.procedure, stages and possible complications during and after anaesthesia, including the measures necessary to rectify them; andl.pharmacological properties of the most common anaesthetic and analgesic agents, their selection in view of the animal species, nature of the intervention and experimental design and species-specific reactions to anaesthetics.art. 29 content of the experimental objective-focused part the experimental objective-focused part provides in a suitable form the method- and species-specific knowledge required to ensure that the intended animal experiments are conducted correctly.chapter 3 training with a certificate of competence28 28 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). section 1 keeping and caring for pets and keeping and caring for wild animals on a private basis29 29 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 30 learning objective the objective of training in accordance with article 31 paragraph 4 or 85 paragraph 3 aniwo must be to ensure that animal keepers or the persons responsible for caring for animals are familiar with the principles of appropriate animal husbandry.art. 31 form and scope training is given in the form of a course or a traineeship. the course comprises at least five hours of theory, the traineeship at least three weeks of helping to care for the animals in an animal housing facility.art. 32 content training provides basic knowledge or practical skills in the area of legal foundations, the species-specific needs of the animals, animal care, feeding, equipment of the housing environment and rearing young animals.section 2 . art. 33-3530 30 repealed by no i of the fdha ordinance of 23 nov. 2016, with effect from 1 jan. 2017 (as 2016 4873).section 3 handling fish and decapods art. 3631 learning objectives the objective of training in accordance with article 97 paragraph 3 aniwo must be to ensure that the trained persons know how to handle fish and decapods with due care and avoid unnecessary constraints on them.31 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 37 form and scope training is given in the form of a course with practical exercises and lasts at least five hours.art. 38 content of the training training provides:a.basic knowledge of the legal foundations, structure and functioning of the body of fishes and decapods, and water quality monitoring;b.in-depth knowledge of housing requirements, particularly where stocking density is high, and of constraints imposed by marking methods;c.the ability to catch, mark, keep and kill the animals with due care.section 4 caring for animals at fixed-term events and in advertising32 32 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 3933 learning objective the objective of training in accordance with article 103 letter d aniwo must be to ensure that the persons responsible for caring for animals during fixed-term events or advertising know how to handle them with due care.33 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 40 form and scope training is provided in the form of a course lasting at least three hours or a traineeship during at least three events at a business as described in article 206 aniwo under the guidance of a person with a corresponding certificate of competence.art. 41 content of the training training provides basic knowledge of the legal foundations and in-depth knowledge of how to catch and restrain animals, how to transport them with due care, species-appropriate care and housing design, and keeping animal inventories.section 5 dehorning and castrating lambs, goat kids, calves and piglets art. 42 learning objective the objective of training in accordance with article 32 aniwo must be to ensure that animal keepers castrate or dehorn young animals correctly, with due care.art. 43 form and scope training is provided in the form of a theory course lasting at least three hours, followed by practice under the guidance of a veterinarian on the keeper's own premises.art. 44 content of the training 1 training provides basic knowledge of the legal foundations and anatomy and in-depth knowledge of the stress and pain caused, anaesthesia and surgery.2 practice on the keeper's own premises must contain exercises in the appropriate preparation of the animal for the intervention, correct dosage and administration of veterinary drugs and the correct performance of the procedure and monitoring of the animal.chapter 434 training in the use of equipment for therapeutic purposes when handling dogs 34 originally 4a. chapter inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).art. 44a learning objective the objective of training35 in accordance with article 76 paragraph 3 aniwo must be to ensure that persons who use equipment for therapeutic purposes when handling dogs:a.know when therapy with such equipment is appropriate; andb.can use this equipment correctly, with due care and with the necessary moderation.35 tern amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). this amendment has been made throughout the text.art. 44b form and scope 1 training consists of a theoretical part and a traineeship.2 the theoretical part lasts at least 12 hours and the traineeship at least 20 working days, of which at least five working days each must be spent with two different therapists who are experienced in the use of such equipment and have a cantonal licence.art. 44c content of the theoretical part 1 the theoretical part provides basic knowledge of the following aspects:a.learning theory and behavioural science;b.application of ethical principles when handling dogs and evaluation of whether therapeutic methods are compliant with animal welfare requirements.2 it provides in-depth knowledge of the following aspects:a.relevant provisions of animal welfare legislation;b.equipment intended for use and its effects - particularly the effects of electrical current and acoustic signals - on the body.art. 44d content of the traineeship the traineeship must include practical exercises in:a.evaluating the character of a dog;b.the way therapists handle a dog;c.methods for dog therapy;d.selection and performance of therapeutic measures likely to produce a successful outcome.art. 45-4836 36 repealed by no i of the fdha ordinance of 10 nov. 2018, with effect from 1 march 2018 (as 2018 627).chapter 5 continuing education37 37 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 49 purpose of continuing education38 the purpose of continuing education is to update specialist knowledge and practical skills in line with the current state of knowledge.38 term amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). this amendment has been made throughout the text.art. 50 form training may be provided:a.in the form of a course;b.in the form of a traineeship;c.by participating in congresses or workshops.chapter 6 procedure39 39 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). section 1 principles of conducting training courses40 40 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 5141 course documentation any person who provides training must issue participants with written documents containing the material learned.41 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 52 training management the learning outcome is evaluated and documented after the theoretical part has been completed.art. 53 practical exercises during training practical exercises during training are performed under supervision by carrying out the day-to-day work in an animal housing facility. no procedures may be carried out on animals purely for training purposes unless that procedure has been approved as an animal experiment in accordance with article 141 aniwo.section 2 evidence of training and continuing education42 42 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 5443 evidence of training or of a course the confirmation that provides evidence of training in accordance with article 197 aniwo or of a course in accordance with article 198 paragraph 2 aniwo must contain at least the following information:a.the logo or stamp with the name and address of the organiser;b.the surname, first name, date of birth, place or country of origin and place of residence of the person who has completed the course;c.the place and date of training and title of training;d.the place, date, name and signature of the person responsible for the training.43 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 55 evidence of a traineeship the confirmation that provides evidence of a traineeship in accordance with article 198 paragraph 2 aniwo must contain at least the following information:44a.the name, address, training and practical experience of the person responsible for looking after the trainee;b.the details of the stock and form of use of the animal housing facility;c.the surname, first name, date of birth, place or country of origin and place of residence of the trainee;d.the duration, scope and nature of the activities performed by the trainee;e.the place, date, name and signature of the facility manager.44 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).art. 56 official confirmation of long-standing experience the authorities shall confirm the long-standing experience in accordance with article 193 paragraph 3 aniwo of a person in handling a type of animal by providing the following information:a.the surname, first name, date of birth, place or country of origin and place of residence of the person;b.information about the stock, form of use, length of time for which the animal housing facility has existed and the person responsible for caring for the animals;c.the place, date, stamp, name and signature of the person authorised by the competent authority for this purpose.art. 57 confirmation of continuing education confirmation of participation in continuing education must contain at least the following information: a.the organiser;b.the title and duration of the continuing education, with the place in which it was carried out and the date;c.the name of the participant.chapter 7 examination regulations45 45 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). section 1 organisation of examinations art. 58 conduct of the examination 1 the organisations that offer specialist training independent of vocational training shall conduct the examinations that complete this training.462 the training facilities described in article 205 aniwo shall conduct the examination that completes the training of trainers of animal keepers.3 the cantons shall conduct the examinations in accordance with article 76 paragraph 3 aniwo to gain approval to use equipment for therapeutic purposes when handling dogs.474 .4846 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).47 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).48 inserted by no i of the fdha ordinance of 23 oct. 2013 (as 2013 3781). repealed by no i of the fdha ordinance of 10 jan. 2018, with effect from 1 march 2018 (as 2018 627).art. 59 examination supervisory board 1 the organisers of training courses designate the examination supervisory board.2 the examination supervisory board shall comprise at least three members who fulfil the requirements on examination experts stipulated in article 60.art. 60 examination experts 1 the organisers nominate examination experts who fulfil at least the requirements stipulated in article 203 aniwo for the subjects to be examined. 2 in addition to the examination expert, at least one further independent person must be present in an advisory capacity when the examination is held.3 the results of and particular observations made during the examination, including objections raised by the candidates, shall be recorded in writing and signed by the inspecting person and the advisor.art. 61 examination decision 1 the examination experts report the outcome of the examination and their assessment of the success of the examination to the examination supervisory board in writing.2 the examination supervisory board decides on the basis of the evaluation whether the examination has been passed.art. 62 registration for examination 1 candidates register with the organisation conducting the examination, providing evidence that the prescribed training courses have been attended.2 the training facility conducting the examination decides whether candidates are allowed to sit the examination.art. 63 evaluation 1 the evaluation is expressed in whole and half marks. 6 is the highest mark, 1 the lowest. the pass mark is 4.2 the examination at the end of specialised training not leading to a vocational qualification has been passed if the average mark is at least 4; no mark for an individual part of the examination may be below 3.4933 the examination at the end of the specialised training not leading to a vocational qualification for animal transport personnel and personnel in slaughterhouse facilities has been passed if the candidate has achieved a mark of at least 4.504 the examination to gain approval to use equipment for therapeutic purposes when handling dogs in accordance with article 76 paragraph 3 aniwo has been passed if the average mark is at least 4.515 .5249 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).50 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627).51 inserted by no i of the fdha ordinance of 23 oct. 2013, in force since 1 jan. 2014 (as 2013 3781).52 inserted by no i of the fdha ordinance of 23 oct. 2013 (as 2013 3781). repealed by no i of the fdha ordinance of 10 jan. 2018, with effect from 1 march 2018 (as 2018 627).art. 64 retaking an examination 1 a failed examination may be retaken a maximum of two times. it may be retaken no earlier than three months after the most recent failed examination.2 trainers of animal keepers do not need to retake parts of the examination in which they achieved a mark of at least 4.art. 65 examination certificate a person who has passed the examination receives a certificate from the organisation responsible for the examination, showing that the examination has been completed successfully and containing at least the following information:a.the logo with the name and address of the organiser responsible for the examination;b.the surname, first name, date of birth, place or country of origin and place of residence of the candidate;c.the place and date of examination;d.details of the training completed by the examination;e.the place, date, name and signature of the examination organiser.section 253 form, content and duration of examinations 53 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 66 form and duration of the examination 1 the examination to conclude specialised training not leading to a vocational qualification and the examination for persons who use equipment for therapeutic purposes as described in article 76 paragraph 3 aniwo may be held in writing or orally.2 animal transport personnel and personnel in slaughterhouse facilities undergo a written or oral examination lasting 30 minutes. art. 67 content of the examination 1 the examination covers all areas of the material taught during training.2 the examination for animal transport personnel and personnel in slaughterhouse facilities must cover at least three different areas of the material taught in the training. emphasis must be placed on examining the practical aspects and the examination questions must refer to specific tasks.art. 68 and 69 repealedchapter 8 final provisions54 54 amended by no i of the fdha ordinance of 10 jan. 2018, in force since 1 march 2018 (as 2018 627). art. 70 repeal of existing law the ordinance of 22 august 198655 on the vet diploma for animal care workers (acwo) is repealed.55 [as 1986 1511]art. 71 transitional provisions 1 training to obtain a certificate of competency in accordance with article 13 acwo56 that is started before 1 october 2008 shall be provided in accordance with the previous law.2 training for trainers of animal keepers completed before 1 october 2008 and many years of relevant experience will be counted appropriately towards corresponding training in accordance with this ordinance by the training facility in accordance with article 205 aniwo.56 [as 1986 1511]art. 72 commencement this ordinance comes into force on 1 october 2008.

455.163 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.fsvo ordinanceon laboratory animal husbandry, the production of genetically modified animals and methods of animal experimentation(animal experimentation ordinance)of 12 april 2010 (status as of 1 may 2010)the federal food safety and veterinary office (fsvo)1,on the basis of articles 124 paragraph 2, 136 paragraph 2, 142 paragraph 4 and 209 paragraph 1 of the animal welfare ordinance of 23 april 20082 (awo),ordains:1 the name of this administrative unit was modified on 1 jan. 2014 pursuant to art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (sr 170.512.1). this change has been made throughout the text.2 sr 455.1section 1 scope art. 1 this ordinance contains regulations on:a.the husbandry of laboratory animals;b.the production, breeding and husbandry of genetically modified laboratory animals and mutants that have a clinical pathological phenotype;c.the registration and documentation of strain and reporting procedures;d.the definition of the degrees of severity;e.intercantonal animal experiments;f.applications and reports concerning laboratory animal facilities and animal experiments.section 2 husbandry of laboratory animals art. 2 monitoring of laboratory animals (art. 121 awo)1 technical installations such as ventilation and automatic drinking systems shall be fitted with an alarm device if the failure or a malfunction of these systems can cause harm to the animals.2 the condition of the animals' housing environment, especially bedding, feed and water, and also the well-being of the animals shall be checked daily.3 the well-being of small rodents must be checked when they are transferred to clean cages. the animals must also be visually inspected at least three times a week. at weekends, the condition of the housing environment and the well-being of the animals need not be checked if it can be shown that the animals are not adversely affected by this procedure.4 small rodents are the animals listed in annex 3 table 1 awo.5 if an animal shows signs of any strain, this should be indicated on the enclosure or cage.6 the frequency of checks as specified in paragraphs 2 and 3 shall be increased in accordance with the strain observed.7 a record shall be kept of the checks.art. 3 individual housing of incompatible animals (art. 119 para. 2 awo)a record shall be kept of the beginning and end of individual housing for incompatible animals and of special events arising during such housing.art. 4 run for dogs (art. 71 para. 2 awo)the run for dogs may be in an outdoor enclosure.art. 5 marking of small rodents (art. 120 awo)1 invasive methods such as tattoos, microchips, ear notches or amputation of toe tips may be used for marking small rodents intended for breeding.2 for marking small rodents not intended for breeding, the use of invasive methods must be justified in the context of the specific experiment.3 marking with ear tags is not permitted.4 if marking is indispensable for genotyping, the marking and biopsy must be combined.art. 6 measures and procedures in animal rooms (art. 135 para. 9 awo)the following measures and procedures may be performed in rooms where animals are kept:a.marking procedures;b.administration of substances or food, such as brief injections or gavage;c.taking of samples such as blood, hair, urine and saliva.art. 7 documentation (art. 114 awo)1 the allocation and instruction of personnel taking care of laboratory animals must be recorded in a comprehensible manner.2 in the animal rooms, it must be clearly indicated who is responsible for compliance with animal welfare regulations for each animal.3 personnel must have access at all times to the documentation on strain and on the criteria for euthanasia.art. 8 qualification of animal caretakers (art. 116 awo)at least one third of personnel in animal caretaker positions must hold a qualification as animal attendant as specified in article 195 awo.section 3 production, breeding and housing of genetically modified laboratory animals and mutants that have a clinical pathological phenotype art. 9 approved methods for producing genetically modified animals (art. 142 para. 4 awo)1 the approved methods for producing genetically modified animals are listed in annex 1.2 a method may be approved if it is in widespread practical use and best ensures the well-being of the animals compared with other methods. both the implementation of the procedures and measures and the success rate and number of surplus animals must be taken into account.3 the approved methods shall be used in accordance with a standard protocol in a manner that best ensures the well-being of the animals.4 the laboratory animal facility shall keep a record of the success rate in the use of the approved methods for the attention of the cantonal authorities. if the success rate is unsatisfactory, the laboratory animal facility must take action to improve it.art. 10 genotyping (art. 120 para. 1 and 123 awo)1 the following methods and combinations thereof are approved for genotyping in production and breeding of genetically modified animals:a.non-invasive methods such as the investigation of faeces or saliva;b.methods combined with the marking of animals;c.blood sampling.2 tail biopsies are only permitted in particular cases justified by the experiment in question. not more than 5 mm of the tail may be removed.3 in small rodents the following methods for combined genotyping and marking are permitted:a.amputation of the distal phalanx of a toe in the first 12 days after birth; not more than two toe tips per animal may be amputated;b.identification by means of ear perforation or notching after weaning.art. 11 phenotyping (art. 124 awo)in the production and breeding of animal lines or strains, the killing of animals for anatomical or pathological purposes and investigations such as behavioural studies with mild strain or blood sampling are permitted provided they serve to characterise the animal lines and strains. the studies shall be performed in a manner that best ensures the well-being of the animals.section 4 record and documentation of strain and reporting procedures art. 12 basic principles of recording strain in small rodents (art. 124 awo)1 the recording of strain in small rodents must be documented. the following data must be entered:a.results of inspections in accordance with annex 4;b.time and date of inspections and person carrying out inspections.2 the frequency of inspections and the traits to be observed shall be constantly adjusted based on new findings from monitoring or from animal experiments.3 measures for reducing strain and criteria for euthanasia must be implemented immediately. the implementation must be documented.art. 13 recording strain in small rodents (art. 124 awo)1 the head of the laboratory animal facility is responsible for recording strain. in particular, he or she shall ensure that:a.the persons involved in monitoring genetically modified lines or lines that have a clinical pathological phenotype:1.have sufficient time to carry out and document the inspection in a manner that best ensures the welfare of the animals,2.maintain state-of-the-art knowledge in the field of recording strain,3.are immediately informed about new findings on clinical signs of strain in the lines to be assessed;b.the basic principles stated in article 12 are adhered to.2 the list of traits to be checked in accordance with annex 4 shall be supplemented for each line with traits that can be expected or not excluded on the basis of the genetic modification.3 strain records and reproduction and mortality data shall be constantly evaluated and compared with existing data on animals with the same genetic background.art. 14 recording strain in new or insufficiently characterised lines of small rodents (art. 124 awo)1 new or insufficiently characterised lines of genetically modified small rodents shall be inspected for traits in accordance with annex 4 while changing cages and observed at least once in between cage changes.2 newborn animals shall be inspected for traits in accordance with annex 4 within the first five days and thereafter checked and observed at intervals as defined in paragraph 1 until they are weaned.3 during the first three generations, all animals shall be checked and observed as stipulated in paragraphs 1 and 2.4 if a total of 100 animals from at least three generations have been checked and no signs of strain have been detected, the line is deemed to be free of clinical pathological phenotype.art. 15 recording strain in small rodent lines likely to have a clinical pathological phenotype (art. 124 awo)1 a small rodent line is deemed likely to have a clinical pathological phenotype if:a.evidence of genetically related strain is found in several animals; orb.analysis of the data shows increased mortality or reproduction problems.2 in lines likely to have a clinical pathological phenotype, article 14 applies to recording strain.art. 16 recording strain in small rodent lines that have a clinical pathological phenotype (art. 124 awo)in lines that have a clinical pathological phenotype, the scope of the inspections and the list of traits to be studied and documented shall be stipulated in the decision in accordance with article 127 awo.art. 17 provisional reporting of strain in small rodent lines (art. 126 and 145 para. 1 let. a awo)1 if similar signs of strain are found in several animals of a new or insufficiently characterised line or of a line likely to have a clinical pathological phenotype, the head of the laboratory animal facility must report the strain observed to the cantonal authorities (provisional report).2 the provisional report must contain the following information:a.a precise description of the signs of strain observed in the summary of the strain record;b.basic scientific data as specified in annex 2;c.planned additional observations;d.planned or initiated measures to reduce strain and its expected impact.3 the provisional report must be submitted within two weeks of the strain being observed.4 if strain is confirmed by additional recordings, the head of the laboratory animal facility must submit a definitive report in accordance with article 18. if the initial strain is not confirmed, he or she must likewise report this to the authorities.art. 18 definitive report of strain in small rodent lines (art. 126 and 145 para. 1 let. a awo)1 the definitive report of strain in small rodent lines must be submitted at the latest when 100 animals have been checked in accordance with article 14.2 the definitive report must contain the following information:a.basic scientific data as specified in annex 2;b.specific observation plan and results of strain recording, including degree of severity;c.measures to be taken to reduce strain and its impact;d.weighing the observed strain on the animals against the potential benefit for research, therapy or diagnostics and the likelihood of this benefit being realised;e.intended scope of breeding and the number of animals to be used in animal experiments.art. 19 recording strain in new or insufficiently characterised fish lines (art. 124 awo)1 in the case of new or insufficiently characterised lines of genetically modified fish, the recording of strain includes:a.observation of swimming behaviour and, if possible, swarm behaviour;b.recording of reproduction performance;c.check on general health;d.test for clinical symptoms;e.test for morphological changes.2 the reproduction data shall be constantly evaluated and compared with existing data on animals with the same genetic background.art. 20 recording strain in fish lines that probably have a clinical pathological phenotype (art. 124 awo)1 a fish line is regarded as probably having a clinical pathological phenotype if:a.evidence of genetically related strain is found in several animals; orb.analysis of the data shows increased mortality or reproduction problems.2 in fish lines that probably have a clinical pathological phenotype, article 19 applies to recording strain.art. 21 recording strain in fish lines that have a clinical pathological phenotype (art. 124 awo)in fish lines that have a clinical pathological phenotype, the scope of the inspections and the list of traits to be studied and documented shall be stipulated in the decision in accordance with article 127 awo.art. 22 reporting procedure for genetically modified fish lines that have a clinical pathological phenotype (art. 126 and 145 para. 1 let. a awo)the report of a genetically modified fish line that has a clinical pathological phenotype comprises the information defined in article 126 paragraph 2 awo including the weighing of strain against benefits as specified in article 18 paragraph 2 letter d of this ordinance.art. 23 data sheet for genetically modified lines and mutants that have a clinical pathological phenotype (art. 124 awo)1 in the case of genetically modified lines and mutants that have a clinical pathological phenotype, the most important information shall be entered in a summarising document (data sheet). the data sheet contains the following information:a.the basic scientific data in accordance with annex 2;b.a summary of strain recording in accordance with annex 3;c.where applicable, the decision on lines that have a clinical pathological phenotype (art. 127 awo).2 the data sheet shall be submitted to the cantonal authorities at the latest when an application for animal experiments using the line or mutant in question is submitted for approval or when a report is submitted concerning this line or these mutants.3 it serves as a communication in accordance with article 13 of the containment ordinance of 25 august 19993 when genetically modified animals are moved from one enclosed system to another. when a new line that is not yet sufficiently characterised or a line that probably has a clinical pathological phenotype is passed on, all data available up to this time shall be provided with the animals.3 [as 1999 2783, 2003 4793 no i 3, 2006 4705 no ii 82, 2007 4477 no iv 35, 2008 4377 annex 5 no 6. as 2012 2777 art. 33 no 1]. see now: the o of 9 may 2012 (sr 814.912).section 5 definition of the degree of severity of strain art. 24 categories of strain resulting from experimental procedures or measures (art. 136 para. 2 awo)the following four categories are used for strain on animals resulting from procedures or measures in the context of animal experiments:a.severity grade 0 - no strain: procedures and actions performed on animals for experimental purposes that do not inflict pain, suffering or harm on the animals, engender fear or impair their general well-being;b.severity grade 1 - mild strain: procedures and actions performed on animals for experimental purposes that cause short-term mild pain or harm or a mild impairment of general well-being;c.severity grade 2 - moderate strain: procedures and actions performed on animals for experimental purposes that cause short-term moderate or medium to long-term mild pain, suffering or harm, short-term moderate fear or short to medium-term severe impairment of general well-being;d.severity grade 3 - severe strain: procedures and actions performed on animals for experimental purposes that cause medium to long-term moderate pain or severe pain, medium to long-term moderate harm or severe harm, long-term severe fear or a severe impairment of general well-being.art. 25 categories of strain due to genetic modifications (art. 136 para. 2 awo)the following four categories are used for strain on animals resulting from genetic modifications:a.severity grade 0 - no strain: genetic modifications that do not inflict pain, suffering or harm on the animals, engender fear or impair their general well-being;b.severity grade 1 - mild strain: genetic modifications that cause mild pain or harm or a mild impairment of general well-being;c.severity grade 2 - moderate strain: genetic modifications that cause moderate pain, suffering or harm, fear or impairment of general well-being;d.severity grade 3 - severe strain: genetic modifications that cause severe pain, long-term suffering, severe harm, severe fear or a severe impairment of general well-being.art. 26 strain to be considered for assessing the acceptability of an experiment (art. 136 para. 2 awo)to assess the acceptability of an experiment, consideration shall be given to the strain defined in articles 24 and 25 and also to further strain imposed on the animals through debasement, through radical intervention in their appearance or their capabilities or through excessive instrumentalisation.section 6 intercantonal animal experiments art. 27 (art. 139 para. 2 awo)1 in the reports on intercantonal animal experiments, the numbers of animals shall be separated by canton.2 if animals change location during the experiment, they shall only be registered in the canton where the experiment mainly took place.section 7 applications and reports concerning laboratory animal facilities and animal experiments art. 28 content of applications for approval of a laboratory animal facility (art. 122 awo)applications for the approval of laboratory animal facilities must contain the following information:a.a statement of the purpose of the laboratory animal facility;b.animal species housed in the facility and capacity of the facility for each species;c.number and size of rooms, such as animal stalls, laboratory, rooms for procedures and support rooms, as well as air conditioning and lighting;d.housing installations, hygiene standards and access arrangements, as well as cleaning standards;e.monitoring standards for feeding, the cages and the animal stalls;f.details on the origin, genetic modification, marking and husbandry of the animals;g.details on the method of production, breeding and husbandry of genetically modified animals or lines that have a clinical pathological phenotype;h.health monitoring;i.disposal of animal cadavers;j.emergency concept;k.name of the head of the facility and his or her deputy;l.number and qualification of personnel;m.description of animal inventory control, including the documentation of recording of strain where applicable.art. 29 content of reports on laboratory animal facilities (art. 145 para. 1 let. b awo)1 reports on laboratory animal facilities must contain the following information:a.number of animals born in the facility, counted at the time of weaning;b.number of animals imported from abroad.2 the numbers of animals shall be itemised by animal species.3 lines that have a clinical pathological phenotype shall be reported individually. their designation must match that in the data sheet.4 in the case of lines free of clinical pathological phenotype, the following may be summarised per species:a.genetically modified lines;b.non-genetically modified lines.art. 30 content of applications for the approval of animal experiments (art. 139 para. 1 awo)applications for the approval of animal experiments must contain the following information:a.species, number, gender and origin of animals that are to be used;b.information on the use of genetically modified animals or mutants that have a clinical pathological phenotype, including the data sheet in accordance with article 23 of this ordinance and, where applicable, the decision in accordance with article 127 awo;c.address of the laboratory animal facility;d.rooms, infrastructure and location of experiment to be conducted;e.names of the resource manager, study director, deputies and persons conducting the experiments;f.number and qualification of personnel;g.objective of experiment;h.methodology, including timetable for different parts of experiment and times for interim analysis and, where necessary, interim reports;i.total duration of experiment;j.likely impact of strain on the condition of the animals, including degree of severity of strain for each part of the experiment or group;k.monitoring of animals and criteria for euthanasia;l.analysis of results;m.justification for the experiment, the methodology, the strain on the animals and the number of animals;n.weighing of strain on animals against benefits.art. 31 content of reports on animal experiments (art. 145 para. 2 awo)1 reports on animal experiments must contain the following information:a.species of the animals used and, where applicable, details of the genetically modified lines or lines with a clinical pathological phenotype to which they belong;b.number of animals used per calendar year;c.origin of animals;d.strain on animals;e.use of animals after the experiment;f.results and assessment of the experiment.2 the reports shall be written for animal experiments performed and not performed.section 8 commencement art. 32 this ordinance comes into force on 1 may 2010.annex 1 (art. 9 para. 1)recognised methods for producing genetically modified animals a.crossing of genetically modified lines;b.pronuclear injection in mouse, rat, rabbit and guinea pig;c.injection and aggregation of embryonic stem cells in mouse and rat;d.use of viral vectors in mouse and rat;e.intracytoplasmic sperm injection in the mouse;f.injection into the cytoplasm or the yolk sac of early embryonic stages (1 to 16-cell stage) in zebrafish.annex 2 (art. 17 para. 2 let. b, 18 para. 2 let. a and 23 para. 1 let. a)basic scientific data the following basic scientific data shall be provided on a breeding line:a.animal species;b.name of line;c.type of genetic modification, database reference, literature, purpose of line;d.producer, method of production, year of production, generation class, status of breed (discontinued, cryo-preserved);e.genotype, genetic background, hygiene status.annex 3 (art. 23 para. 1 let. b)summary of strain recording the following information shall be provided on the procedure and results of recording strain:a.scope of strain recording, results from mortality and reproduction data;b.status of strain recording (under investigation, reported, completed);c.description of the phenotype, assessment of the strain, degree of severity, expression of transgene (dominant/recessive, conditional, inducible);d.specific needs, strain-reducing measures.annex 4 (art. 12 para. 1 let. a, 13 para. 2 and 14 para. 1 and 2)strain recording in genetically modified small rodent lines and mutants that have a clinical pathological phenotype table 1:recording strain in genetically modified small rodent lines and mutants that have a clinical pathological phenotypenest inspections (art. 14 para. 2 and 15 para. 2)inspections during cage changing (art. 14 para. 1 and 15 para. 2)number of young, colour, size differencesxxfood intake (milk spot)xgeneral condition (size, tonus, nutritional status etc.)xxexternal visible malformationsxxdead animals, cannibalism, if necessary post mortem testsxxother noticeable problems, such as bite woundsxxclinical symptoms(tremor, convulsions, lameness etc.)xxother morphological traits according type of genetic modificationxxbehaviour during cage changing(apathy, nervousness etc.)xnest building, condition of nestxfur, eyes, body orificesx

702 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton second homes(second homes act, sha)of 20 march 2015 (status as of 1 january 2016)the federal assembly of the swiss confederation,on the basis of articles 75 and 75b of the federal constitution1, and having considered the federal council dispatch dated 19 february 20142,decrees:1 sr 1012 bbl 2014 2287chapter 1 general provisions art. 1 subject matter this act regulates the permissibility of building new homes together with changes to the structure and use of existing homes in communes with a proportion of second homes exceeding 20 per cent.art. 2 definitions 1 in this act, home means a collection of rooms that:a.is suitable for residential use;b.forms a structural unit;c.has an access either from outside or from a common area shared with other homes within the building;d.has cooking facilities; ande.is not a moveable object.2 in this act, principal home means a home that is occupied by at least one person who is permanently resident in the commune in which the home is located in accordance with article 3 letter b of the register harmonisation act of 23 june 20063.3 the following homes are deemed equivalent to principal homes:a.homes that are permanently occupied for commercial or educational purposes;b.homes that are permanently occupied by a private household that permanently occupies another home in the same building;c.homes that are permanently occupied by persons who are not required to register with the residents' register office, such as diplomatic staff or asylum seekers;d.homes that have been unoccupied for no more than two years, are habitable, and are advertised for long-term rent or for sale (empty homes);e.homes that are used for agricultural purposes but which due to the altitude of their location are not accessible all year round for agricultural purposes;f.homes that are used by businesses for the short-term accommodation of staff;g.homes that are used as service accommodation for persons such as those working in the hotel and catering industry, in hospitals and in residential institutions;h.homes that are lawfully being used temporarily for non-residential purposes.4 in this act, second home means a home that is neither a principal home nor equivalent to a principal home.3 sr 431.02art. 3 duties and powers of the cantons 1 where required, the cantons shall specify in their structure plan measures to encourage greater occupancy of second homes and to promote the hotel industry and reasonably priced principal homes. 2 they may issue regulations that limit the construction and use of homes more strictly than this act.chapter 2 inventory of homes and proportion of second homes art. 4 inventory of homes 1 each commune shall draw up an inventory of homes each year.2 the inventory of homes must as a minimum indicate the total number of homes and the number of principal homes.3 the commune may also list homes deemed equivalent to principal homes as a separate category and add this category of homes to the principal homes.4 the federal council shall regulate the requirements for the inventory of homes and determine the details of its publication.art. 5 determining the proportion of second homes 1 the confederation shall determine the proportion of second homes when compared with the total number of homes for each commune based on the inventory of homes in accordance with article 4.2 if a commune does not submit its inventory of homes within the required deadline, it shall be assumed that the commune concerned has a proportion of second homes in excess of 20 per cent. the competent federal authority may extend the deadline at the request of the commune if there is good cause.3 the federal council shall specify the federal authority that determines the proportion of second homes.4 this authority shall consult the canton in which the commune is located before reaching its decision.chapter 3 ban on the construction of new second homes art. 6 1 in communes in which the proportion of second homes determined in accordance with article 5 exceeds 20 per cent, no building permits may be granted for new second homes. if the proportion is less than 20 per cent and if granting a building permit would result in the commune having a proportion of second homes in excess of 20 per cent, no building permit may be granted either.2 the construction of new homes in accordance with article 7 paragraph 1 letter b and in accordance with articles 8, 9, 26 or 27 is reserved.chapter 4 construction of new homes in communes with a proportion of second homes in excess of 20 per cent section 1 new homes with restrictions on use art. 7 1 in communes with a proportion of second homes in excess of 20 per cent, building permits may only be granted for new homes if they are used as follows:a.as a principal home or as a home deemed equivalent to a principal home in accordance with article 2 paragraph 3; orb.as a home intended as managed tourist accommodation.2 a home is deemed to be managed tourist accommodation if it is permanently offered for the exclusively short-term use of guests on terms that are customary in the market and in the locality and it:a.is located in the same building as its owner has his or her principal residence; or b.it is not suitable for the personal needs of the owner and is managed as part of an organised accommodation complex.3 the building authority shall impose a restriction on use in accordance with paragraph 1 letter a or paragraph 2 letter a or b in the building permit by means of condition of use. if the building permit for a new home does not contain such a condition and in the absence of authorisation in accordance with articles 8, 9, 26 or 27, it shall be assumed that the restriction on use in accordance with paragraph 1 letter a applies.4 as soon as the building permit takes legal effect, the building authority shall instruct the land registry to note the restriction on use in the land register in respect of the property concerned.5 the federal council shall regulate the details, in particular:a.the requirements that the organised accommodation complex must meet;b.the duty to report any change in use from a home used as managed tourist accommodation into a principal home; andc.the wording of its conditions of use.section 2 new homes without restrictions on use art. 8 homes used in connection with organised accommodation facilities 1 in communes where the proportion of second homes does not exceed 20 per cent, organised accommodation facilities may be authorised to construct homes without restrictions on use in accordance with article 7 paragraph 1 if:a.the complex can only be run or continue to be run profitably with the income from the construction of such homes;b.the owner or the operator on request provides proof that the income from the homes will be invested in constructing or running the organised accommodation;c.the main usable area of these homes does not exceed 20 per cent of the entire main usable area of the rooms and homes;d.the homes and the organised accommodation complex form a structural and functional unit, unless the regulations on preserving the appearance of the locality or cultural heritage management require otherwise; ande.there are no other overriding interests to the contrary.2 for homes in accordance with paragraph 1 that permanently remain the property of the organised accommodation complex and are rented out by the same, the total main usable area in accordance with paragraph 1 letter c may amount to a maximum of 33 per cent. a related restriction on alienation must be noted in the land register. article 7 paragraphs 4 and 5 apply by analogy. 3 if the complex constructs homes in accordance with both paragraph 1 and paragraph 2, the maximum percentage of 33 per cent shall be reduced by the value obtained by dividing the area of the homes in accordance with paragraph 1 by the sum of the area of the homes in accordance with paragraphs 1 and 2 and multiplying the result by 13 per cent.4 in an organised accommodation complex that already existed on 11 march 2012, a maximum of 50 per cent of the main usable area may be converted for use as homes without restriction on use under article 7 paragraph 1 provided:athe complex has been run as such for at least 25 years;b.it can no longer be run profitably and cannot be converted for use as homes intended as managed tourist accommodation; c.the fact that the accommodation complex concerned can no longer be run profitably is not due to any failure on the part of the owner or operator; andd.there are no overriding interests to the contrary.5 an independent expert report must be provided as proof that the requirements in paragraphs 1 or 4 have been met. the federal council shall regulate the details.art. 9 new homes in protected buildings 1 in communes with a proportion of second homes in excess of 20 per cent, new homes without restrictions on use in accordance with article 7 paragraph 1 may be authorised within the building zones in protected buildings or buildings that define the appearance of the locality provided:a.the conservation value of the building is not adversely affected, and in particular the outward appearance and basic structure of the building essentially remains unchanged;b.the long-term preservation of the building cannot otherwise be guaranteed; andc.there are no overriding interests to the contrary.2 outside the building zones, the permissibility of new homes without restrictions on use as defined in article 7 paragraph 1 is governed by the spatial planning legislation. 3 other requirements of federal law and of cantonal law are reserved.chapter 5 alteration of homes in communes with proportion of second homes in excess of 20 per cent section 1 homes subject to the previous law art. 10 definition a home subject to the previous law under this act is a home that lawfully existed or was the subject of a legally effective building permit on 11 march 2012.art. 11 changes to structure and use 1 homes subject to the previous law are not subject to any restrictions on residential use; existing or future restrictions on use under the cantonal or communal law are reserved.2 such homes may be renovated, converted or rebuilt within the limits of their pre-existing main usable area. if by doing so additional homes are created, these may be authorised without any requirement to impose a restriction on use under article 7 paragraph 1, subject to any other requirements of federal and cantonal law.3 homes subject to the previous law within building zones may be extended by a maximum of 30 per cent of the main usable area existing on 11 march 2012, provided no additional homes are created. outside building zones, extensions are permitted in accordance with the regulations on building outside building zones.4 extensions that exceed the dimensions mentioned in paragraph 3 are permitted if the home is declared to be a principal home as defined in article 7 paragraph 1 letter a or a home intended as managed tourist accommodation as defined in article 7 paragraph 1 letter b in conjunction with article 7 paragraph 2 letter a or b and the relevant authorisation requirements are met. the building authority shall order a corresponding restriction on use in the building permit and instruct the land registry to note the restriction on use in the land register as soon as the building permit becomes legally effective.art. 12 abuse and undesirable developments 1 the cantons and communes shall take the measures required to prevent cases of abuse and undesirable developments that may result from the unrestricted use of homes subject to the previous law as second homes.2 to this end, the cantons may impose more stringent restrictions than those contained in this act on the change of use of homes previously used as principal homes to second homes together with the possible changes in accordance with article 11 paragraphs 2-4. if these changes in use and structure do not require a building permit, the cantons may introduce a building permit requirement.section 2 amendment and suspension of restrictions on use art. 13 amendment the amendment of the following restrictions on use require a building permit:a.a change in use under article 7 paragraph 1 letter a to use as a home intended as managed tourist accommodation;b.a change in use within the categories of use under article 7 paragraph 2.art. 14 suspension 1 at the request of the owner, the building authority shall suspend a restriction on use under article 7 paragraph 1 for a specific period if:a.the restriction on use cannot be complied with temporarily due to special circumstances, such as death, change of residence or change in civil status; orb.the owner provides proof that the home has been publicly advertised but the attempt to find persons who would make adequate payment in order to use the home in accordance with the law has been unsuccessful.2 the authority shall extend the suspension under paragraph 1 letter b if the owner provides proof that the requirements therefor continue to be met.3 in ordering the suspension in accordance with paragraph 1 letter b and on any extension thereof, it shall also order a reassessment of the official value of the home at the owner's expense.4 the federal council shall regulate the duration of suspensions and their extensions as well as the details of the proof to be provided in accordance with paragraph 1 letter b, in particular the requirements for publicly advertising the home.chapter 6 implementation art. 15 supervisory authority each canton shall appoint an authority to supervise the implementation of this act.art. 16 duties to notify 1 the authority responsible for the residents' register office in a commune with a proportion of second homes in excess of 20 per cent shall notify the building authority of persons who:a.move home within the commune;b.move out of the commune; orc.relocate permanently to another commune.2 the land registry shall notify the building authority of the recording in the land register of any transfer of ownership of property located in a commune with a proportion of second homes in excess of 20 per cent in respect of which a restriction on use has been noted in accordance with article 7 paragraph 1. the cantons shall regulate the notification procedure.3 the information required from the residents' register offices and the land register in order to implement articles 4 and 7 may be recorded in the federal register of buildings and dwellings. the information shall be recorded by the authority competent for updating this register.art. 17 official measures in the case of unlawful use 1 if a home with a restriction on use under article 7 paragraph 1 is not used in accordance with the law, the competent authority shall set a deadline for the owner to restore the lawful position under notice of substitute performance and the penalty under article 292 of the criminal code4 in the event of failure to do so. the authority may extend the deadline at the request of the owner in justified cases.2 if the owner fails to restore the lawful position within the relevant deadline, the competent authority shall prohibit the use of the home and order it to be sealed.3 the competent authority shall take the measures required to restore the lawful position. in particular, it may rent out the home subject to compliance with the restriction on use under article 7 paragraph 1.4 if members of the competent building authorities or their employees become aware of offences in the course of their official activities, they are required to report the same immediately to the the supervisory authority in accordance with article 15. 4 sr 311.0art. 18 official measures in the event of unlawful use 1 the competent authority shall have all the rights and obligations that it requires to restore lawful use on behalf of the owner.2 it may instruct third parties to carry out the required measures.3 the rental income in accordance with article 17 paragraph 3 shall be paid to the owner under deduction of the administrative costs incurred by the competent authority and any third parties instructed.art. 19 review of impact and proposed measures 1 the federal office for spatial development, working with the state secretariat for economic affairs, shall regularly review the impact of this act. it shall in particular review its impact on tourism and the economy in the regions concerned.2 the relevant departments shall report to the federal council periodically. if required, the reports shall also propose further measures, particularly in relation to location promotion. the first reports shall be filed four years after this act comes into force.art. 20 jurisdiction, procedure and rights of appeal 1 the assessment of applications for building permits and notification of decisions on building permits shall be governed exclusively by the relevant cantonal provisions. article 112 paragraph 4 of the federal supreme court act of 17 june 20055 is reserved.2 in addition and subject to the provisions of this act, jurisdiction, procedures and rights of appeal are governed by the spatial planning act of 22 june 19796 and the related cantonal implementing provisions.5 sr 173.1106 sr 700chapter 7 criminal provisions art. 21 disregard of restrictions on use 1 any person who wilfully disregards a restriction on use in terms of this act shall be liable to a custodial sentence not exceeding three years or to monetary penalty.2 if the offender acts through negligence, he or she shall be liable to a monetary penalty not exceeding 180 daily penalty units.3 if the restriction on use is subsequently revoked, the offender shall be liable to a monetary penalty not exceeding 90 daily penalty units.4 prosecution shall be deferred until a legally binding decision has been taken on the suspension or amendment of a restriction on use.art. 22 incorrect information 1 any person who wilfully provides the competent authorities with incorrect or incomplete information on matters that are relevant to the authorisation, suspension or amendment of a restriction on use under this act or who deceitfully exploits an error on the part of those authorities shall be liable to a custodial sentence not exceeding three years or a monetary penalty.2 any person who provides incorrect or incomplete information through negligence shall be liable to a monetary penalty not exceeding 180 daily penalty units.chapter 8 final provisions art. 23 implementing provisions the federal council shall shall issue the implementing provisions unless the law declares the cantons to be responsible therefor.art. 24 amendment of other legislation the following acts are amended as follows:.77 the amendments may be consulted under as 2015 5657.art. 25 transitional provisions 1 this act applies to applications for building permits that are considered at first instance or on appeal after this act comes into force. 2 if a building permit that was granted and took legal effect before 11 march 2012 requires the execution of the work to be postponed pending a decision relating to quotas, the competent building authority may authorise the work to begin at the latest within two years of this act coming into force provided the building permit did not specify a period within which the work must start or postponed the start of the work for a period that ends no later than two years after this act comes into force.3 if the proportion of second homes in a commune falls to 20 per cent or less, the building authority shall, at the request of the owner, revoke any restriction on use under article 7 paragraph 1 and instruct the land register to delete the relevant note on the land register folio for the property concerned.4 building permits that were granted and took legal effect before 31 december 2012 under the relevant cantonal procedural law shall remain valid.5 building permits that were granted and took legal effect in accordance with relevant cantonal procedural law after 1 january 2013 but before this act came into force shall remain valid provided they are based on the ordinance of 22 august 20128 on second homes.8 [as 2012 4583, 2013 1257 3549, 2014 3567, 2015 4143]art. 26 project-related special land use plans 1 in communes with a proportion of second homes in excess of 20 per cent, homes that are the subject of a project-related special land use plan that at least to a significant extent involves the construction of second homes may be authorised without any restriction on use under article 7 paragraph 1 if this plan:a.received approval which took legal effect before 11 march 2012; andb.stipulates the essential elements of the building permit relating to location, layout, size and design of the buildings and installations as well as nature and extent of their use.2 amendments to special land use plans in accordance with paragraph 1 are permitted provided there is no increase in the proportion of homes without restriction on use under article 7 paragraph 1 and in the proportion of main usable areas occupied by such homes.art. 27 preliminary inquiries before 18 december 2007 irrespective of the requirements of article 7 paragraph 2 and articles 8, 9 or 26, a building permit application for a new home may be authorised without restriction on use under article 7 paragraph 1 if: a.the competent building authority, in response to a sufficiently detailed preliminary request, provided a written answer before 18 december 2007 which: 1.contained the essential elements of the building permit as defined in article 26 paragraph 1 letter b,2.confirmed that the project was eligible for authorisation;b.it was not possible to grant the building permit before 11 march 2012 because the owner was prevented from submitting a building permit application on time through no fault of his or her own; andc.the other requirements for granting the building permit are fulfilled.art. 28 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 201699 federal council decree of 4 dec. 2015.

702.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.second homes ordinance(sho)of 4 december 2015 (status as of 1 january 2018)the swiss federal council,based on the federal act of 20 march 20151 on second homes (the act),ordains:1 sr 702section 1 ascertaining and publishing the total number of homes and the proportion of second homes art. 1 communes' duties and powers 1 each commune shall supply the swiss federal statistical office (fso) each year with its data on residents as of 31 december by 31 january of the following year at the latest and shall update the national register of buildings and dwellings (rbd) in accordance with article 10 paragraph 1 of the ordinance of 9 june 20172 on the federal register of buildings and dwellings.32 in cantons with recognised registers of buildings and dwellings, the commune may also make its data on residents available to the canton to enable the automated identification of principal homes in the cantonal register of buildings and dwellings.2 sr 431.8413 amended by annex 2 no ii 4 of the o of 9 june 2017 on the federal register of buildings and dwellings, in force since 1 july 2017 (as 2017 3459).art. 2 federal duties and powers 1 with a view to ascertaining the proportion of second homes, the fso shall record the form of use of homes in the rbd based on the data on residents in accordance with article 1 paragraph 1.2 based on the commune-related data in the rbd, the federal office for spatial development (are) shall ascertain for each commune by 31 march of each year whether its proportion of second homes exceeds 20 per cent or not. 3 are may verify ex officio the data supplied by the communes in accordance with article 1 paragraph 1.4 every year it shall publish a list with the following details for each commune: total number of homes, number of principal homes, proportion of principal homes and a declaration as to whether the proportion of second homes exceeds 20 per cent or not.section 2 construction of new homes art. 3 note in the land register 1 the condition of use that must be noted in the land register in respect of homes with restriction on use in accordance with act is worded as follows:a.principal home or home deemed equivalent to a principal home in accordance with article 7 paragraph 1 letter a of the act;b.home managed as tourist accommodation in accordance with article 7 paragraph 2 letter a of the act; orc.home managed as tourist accommodation in accordance with article 7 paragraph 2 letter b of the act (home forming part of an organised accommodation complex).2 the note in the land register further includes the building and dwelling identifier for the home concerned in accordance with article 8 paragraphs 2 letter a and article 3 letter a of the ordinance of 9 june 20174 on the federal register of buildings and dwellings.53 the commune may record the restriction on use in the rbd.4 sr 431.8415 amended by annex 2 no ii 4 of the o of 9 june 2017 on the federal register of buildings and dwellings, in force since 1 july 2017 (as 2017 3459).art. 4 organised accommodation complex an organised accommodation complex in terms of the act exists if the following requirements are fulfilled:a.the complex provides hotel-type services and facilities that are used by the majority of guests.b.it is organised according to a business plan similar to that of a hotel.c.it is managed as a single uniform operation.art. 5 expert report 1 the applicant is responsible for commissioning the expert report in accordance with article 8 paragraph 5 of the act. the expert's appointment requires the consent of the building authority.2 in the cases set out in article 8 paragraph 1, the expert report must provide an opinion on the following matters in particular:a.the present and future profitability of the complex or complexes;b.cross-financing and the use of income.3 in the cases set out in article 8 paragraph 4, the expert report must provide an opinion on the following matters in particular:a.the present and future profitability of the complex;b.how long the complex has been managed as such; andc.the issue of whether the fact that the accommodation complex concerned can no longer be run profitably is due to any failure on the part of the owner or operator.art. 6 buildings that define the appearance of the locality 1 buildings that define the appearance of the locality in terms of article 9 paragraph 1 of the act are buildings which, through their location and appearance, make an essential contribution to the identity of the locality and to making it worthy of preservation.2 the cantons shall organise a procedure for identifying buildings that define the appearance of a locality.section 3 change in use of a home managed as tourist accommodation and reporting the same art. 7 1 a home with a restriction on use in accordance with article 7 paragraph 1 letter b of the act may also be used as a home in accordance with article 7 paragraph 1 letter a. 2 the owner of the home must report the change in use to the building authority within 30 days of occupying the home.section 4 suspension of the restriction on use in the case of homes subject to the new law art. 8 suspension in accordance with article 14 paragraph 1 letter a of the act 1 the building authority shall limit suspensions in accordance with article 14 paragraph 1 letter a of the act to a maximum of two years. it may extend this period by way of exception by no more than two years if there is good cause for doing so.2 a further extension of the suspension is permitted if the requirements set out in article 9 are met.art. 9 suspension in accordance with article 14 paragraph 1 letter b of the act 1 the building authority shall limit suspensions in accordance with article 14 paragraph 1 letter b of the act to a maximum of two years. it shall extend the suspension if the owner provides proof that the requirements set out in article 14 paragraph 1 letter b of the act continue to be met. the maximum extension in each case is two years.2 the owner of must provide proof in every case that:a.advertisements have appeared regularly in the form customary in the market;b.the home has been offered for sale on terms that are customary for the market and locality; andc.the home has been ready for occupation by a tenant or purchaser at any time.3 if proof in accordance with article 14 paragraph 1 letter b of the act is not provided, the building authority shall refuse the suspension. if official measures in accordance with article 17 of the act come in for consideration, it shall forward the case file to the competent authority.4 on application by the owner, the land register shall in the case of article 14 paragraph 1 letter b of the act record the note with the addendum of the time-limited suspension.section 5 right of appeal and notice of decisions art. 10 1 are has a right of appeal on matters relating to second homes in accordance with the general provisions on the administration of federal justice.2 the building authorities shall notify are of the following:a.building permits for new homes that they have granted on the basis of articles 7 paragraph 1 letter b, 8 and 9 of the act;b.suspension orders in accordance with article 14 of the act;c.building permits for homes with a suspended restriction on use.section 6 transitional and final provisions art. 116 6 repealed by no i of the o of 1 nov. 2017, with effect from 1 jan. 2018 (as 2017 6331).art. 12 amendment of other legislation the following legislation is amended as follows:.77 the amendments may be consulted under as 2015 5669.art. 13 commencement this ordinance comes into force on 1 january 2016.annex8 8 repealed by no i of the o of 1 nov. 2017, with effect from 1 jan. 2018 (as 2017 6331).

141.0 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton swiss citizenship(swiss citizenship act, sca)of 20 june 2014 (status as of 9 july 2019)the federal assembly of the swiss confederation,based on article 38 of the federal constitution1, and having considered the federal council dispatch dated 4 march 20112,decrees:1 sr 1012 bbl 2011 2825title 1 acquisition and loss of citizenship by law chapter 1 acquisition by law art. 1 acquisition by descent 1 the following persons are swiss citizens from birth:a.a child whose parents are married to each other and whose father or mother is a swiss citizen;b.the child of a female swiss citizen who is not married to the child's father.2 the minor foreign child of a swiss father who is not married to the child's mother acquires swiss citizenship as if at birth on establishing filiation with the father.3 if a minor child who acquires swiss citizenship under paragraph 2 has children, they also acquire swiss citizenship.art. 2 cantonal and communal citizenship 1 on acquiring swiss citizenship, a child acquires the swiss parent's cantonal and communal citizenship.2 if both parents are swiss, the child acquires the cantonal and communal citizenship of the parent whose surname the child uses.art. 3 foundlings 1 a minor child of unknown parentage who is found in switzerland acquires citizenship of the canton in which he or she was abandoned, and thus acquires swiss citizenship.2 the canton decides where the child holds communal citizenship.3 citizenship acquired in this way lapses if it is established who the parents of the child are, provided the child is still a minor and will not become stateless.art. 4 adoption where a minor foreign child is adopted by a swiss citizen, the child acquires the cantonal and communal citizenship of the adoptive parent and thus acquires swiss citizenship.chapter 2 loss of citizenship by law art. 5 loss by termination of filiation if filiation is terminated with the parent who has conferred swiss citizenship on the child, the child loses swiss citizenship provided the child does not become stateless thereby.art. 6 loss by adoption 1 if a minor swiss citizen is adopted by a foreign national, he or she loses swiss citizenship on adoption if he or she acquires the nationality of the adoptive parent thereby or already holds that nationality.2 swiss citizenship is not lost if filiation with a swiss parent is established on adoption or such filiation remains following adoption.3 if adoption is annulled, loss of swiss citizenship is deemed not to have taken place.art. 7 loss by being born abroad 1 a child born abroad to a swiss parent who is a citizen of another country forfeits swiss citizenship on reaching the age of 25, unless his or her birth has been notified to a swiss authority abroad or in switzerland or he or she has declared in writing that he or she wishes to remain a swiss citizen.2 if a child forfeits swiss citizenship by virtue of paragraph 1, then his or her children also forfeit swiss citizenship.3 notification in terms of paragraph 1 is constituted in particular by any notification by parents, relatives or acquaintances with a view to the child's entry in registers in switzerland, matriculation or the issuing of identity documents.4 any person who, against his or her will, has been unable to provide notification or a declaration in terms of paragraph 1 in time, may still do so validly within one year of the reason for their failure to do so ceasing to apply.art. 8 cantonal and communal citizenship any person who loses swiss citizenship by law loses cantonal and communal citizenship at the same time.title 2 acquisition and loss of citizenship by official decree chapter 1 acquisition by naturalisation section 1 ordinary naturalisation art. 9 formal requirements 1 the confederation shall grant a naturalisation licence only if the applicant:a.holds a permanent residence permit when the application is made; andb.can prove that he or she has been resident in switzerland for at least ten years, three of which have been in the five years prior to making the application. 2 when calculating the length of residence mentioned in paragraph 1 letter b, the period that the applicant has lived in switzerland between the ages of 8 and 18 counts as double. the actual length of residence must however amount to at least six years.art. 10 requirements in the case of a registered partnership 1 if the applicant has entered into a registered partnership with a swiss citizen, on making the application, he or she must prove that he or she:a.has resided for at least five years in switzerland, and for one year immediately prior to making the application; andb.has lived for three years with this person in a registered partnership.2 the shorter length of residence in paragraph 1 letter a also applies in the event that one of the two partners acquired swiss citizenship after registration of the partnership through:a.reinstatement of citizenship; orb.through simplified naturalisation based on descent from a swiss parent.art. 11 material requirements the confederation shall grant the naturalisation licence if the applicant meets the following requirements:a.he or she is successfully integrated;b.he or she is familiar with the swiss way of life; andc.he or she does not pose a risk to switzerland's internal or external security.art. 12 criteria for integration 1 successful integration is demonstrated in particular by:a.showing respect for public security and order;b.respecting the values enshrined in the federal constitution;c.being able to communicate in a national language in everyday situations, orally and in writing; d.participating in economic life or by acquiring an education; ande.encouraging and supporting the integration of one's wife or husband, registered partner or the minor children for whom one has parental responsibility.2 appropriate account must be taken of the situation of persons who, due to disability or illness or other significant personal circumstances, are unable or only able with difficult to meet the criteria for integration set out in paragraph 1 letters c and d.3 the cantons may provide for additional criteria for integration.art. 13 naturalisation procedure 1 the canton shall designate the authority to which the application for naturalisation must be submitted.2 if the canton and, if cantonal law so provides, the commune agree in principle to naturalisation, they shall forward the application for naturalisation to the state secretariat for migration (sem) once the applicant has passed the cantonal examination.3 once all the formal and substantive requirements have been fulfilled, the sem shall grant the federal naturalisation licence and send it to the cantonal naturalisation authority for the decision on naturalisation.4 the federal naturalisation licence may be amended retrospectively in order to include the applicant's children.art. 14 cantonal naturalisation decision 1 the competent cantonal authority shall make the decision on naturalisation within one year of the granting of the federal naturalisation licence. on expiry of this period, the federal naturalisation licence ceases to be valid.2 it shall refuse the application for naturalisation if matters come to light after the federal naturalisation licence is granted which would have given grounds for not agreeing in principle to naturalisation.3 the applicant acquires communal, cantonal and swiss citizenship when the cantonal naturalisation decision becomes legally binding.art. 15 procedure in the canton 1 the procedure in the canton and in the commune is governed by cantonal law.2 cantonal law may provide that an application for naturalisation may be submitted to the vote of the communal electorate at a communal assembly.art. 16 obligation to state reasons 1 reasons must be given for rejecting an application for naturalisation.2 the communal electorate may reject an application for naturalisation only if a reasoned motion has been made that they should do so.art. 17 protection of privacy 1 the cantons shall ensure that the privacy of applicants is respected in cantonal and communal naturalisation procedures.2 the communal electorate shall be given the following particulars of applicants:a.nationality;b.length of residence;c.information required to assess whether the applicant meets the naturalisation requirements, and in particular the requirement of integration.3 when selecting information under paragraph 2, the cantons shall take account of the persons to whom the information is to be given.art. 18 cantonal and communal length of residence 1 the cantonal legislation shall provide for a minimum length of residence of between two and five years.2 in the event that the applicant moves to another commune or another canton, the canton and the commune in which an application for naturalisation is made remain responsible if they have concluded their assessment of the naturalisation requirements in articles 11 and 12.33 corrected by the federal assembly drafting committee (art. 58 para. 1 parla; sr 171.10).art. 19 honorary citizenship the awarding of honorary citizenship to a foreign national by a canton or a commune without federal authorisation for naturalisation does not have the effects of naturalisation.section 2 simplified naturalisation art. 20 substantive requirements 1 in the simplified naturalisation procedure, the criteria for integration set out in article 12 paragraphs 1 and 2 must be met.2 simplified naturalisation also requires that the applicant does not pose a risk to switzerland's internal or external security.3 for applicants who do not live in switzerland, the requirements of paragraphs 1 and 2 apply mutatis mutandis.art. 21 wife of a swiss man or husband of a swiss woman 1 any foreign national may apply for simplified naturalisation following marriage to a swiss citizen if he or she:a.has lived for three years in marital union with his or her wife or husband; and b.has resided for at least five years in switzerland, including one year immediately prior to making the application. 2 any person who lives or has lived abroad may also apply provided he or she:a.has lived for six years in marital union with his or her wife or husband; andb.has close ties with switzerland.3 a foreign national may also apply for simplified naturalisation under paragraphs 1 or 2 if his or her wife or husband acquires swiss citizenship after their marriage through:a.reinstatement of citizenship; orb.simplified naturalisation based on descent from a swiss parent.4 the naturalised person acquires the cantonal and communal citizenship of his or her swiss spouse. if the spouse is a citizen of two or more cantonal or communes, the naturalised person may decide to acquire citizenship of only one canton or commune.art. 22 persons who erroneously believe they are swiss citizens 1 any person who has believed in good faith for five years that he or she is a swiss citizen, and has in practice been treated during this period by the cantonal or communal authorities as a swiss citizen, may apply for simplified naturalisation.2 the naturalised person acquires the cantonal citizenship of the canton responsible for the error. this canton shall decide which communal citizenship the person acquires at the same time.art. 23 stateless children 1 a minor child who is stateless may apply for simplified naturalisation if he or she can prove at least five years' residence in switzerland, including one year immediately prior to making the application.2 any period of residence in switzerland in accordance with the regulations on foreign nationals will be taken into consideration.3 the naturalised child acquires the citizenship of his or her commune and canton of residence.art. 24 children of a naturalised parent 1 a foreign child who was a minor at the time his or her parent applied for naturalisation and who was not included in the naturalisation application may apply for simplified naturalisation before the age of 22 if he or she can prove at least five years' residence in switzerland, including at least three years immediately prior to making the application.2 the naturalised child acquires the citizenship of the swiss parent.art. 24a4 third generation immigrants 1 the child of foreign parents may on application be naturalised according to a simplified procedure if he or she meets the following requirements:a.at least one grandparent was born in switzerland or it is credibly demonstrated that he or she acquired a right of residence;b.at least one parent has obtained a permanent residence permit, has been resident in switzerland for at least ten years, and attended compulsory schooling in switzerland for at least five years;c.the child was born in switzerland;d.the child holds a permanent residence permit and has attended compulsory schooling in switzerland for at least five years.2 the application must be submitted before the child reaches the age of 25.3 the naturalised child acquires the citizenship of his or her commune and canton of residence at the time of naturalisation.4 inserted by no i of the fa of 30 sept. 2016 (simplified naturalisation for third generation immigrants), in force since 15 feb. 2018 (as 2018 531; bbl 2015 769 1327).art. 25 jurisdiction and procedure 1 the sem decides on simplified naturalisation applications; it shall consult the canton concerned before approving an application.2 the federal council regulates the procedure.section 3 reinstatement of citizenship art. 26 requirements 1 reinstatement of citizenship requires that the applicant:a.is successfully integrated if he or she lives in switzerland;b.has close ties with switzerland if he or she lives abroad;c.shows respect for public security and order;d.respects the values enshrined in the federal constitution; ande.does not pose a risk to switzerland's internal or external security.2 for applicants not resident in switzerland, the requirements of paragraph 1 letters c-e apply by analogy.art. 27 reinstatement of citizenship following forfeiture, relief or loss of citizenship 1 any person who has lost swiss citizenship may apply within ten years for that citizenship to be reinstated.2 on expiry of the period mentioned in paragraph 1, a person may apply for citizenship to be reinstated only if he or she has been resident in switzerland for three years.art. 28 effect through reinstatement of citizenship, the applicant acquires the cantonal and communal citizenship that he or she held previously.art. 29 jurisdiction and procedure 1 the sem decides on the reinstatement of citizenship; it shall consult the canton concerned before granting an application.2 the federal council regulates the procedure.section 4 common provisions art. 30 inclusion of children the applicant's minor children are normally included in the naturalisation application if they live with the applicant. in the case of children over the age of 12, compliance with the requirements of articles 11 and 12 must be verified independently and autonomously and in a manner appropriate to the age of the child.art. 31 minor children 1 minor children may only apply for naturalisation through their legal representative. 2 minor children over the age of 16 must also declare in writing their wish to become a swiss citizen.art. 32 majority majority and minority in terms of this act are governed by article 14 of the swiss civil code 5.5 sr 210art. 33 residence 1 the length of residence in switzerland is calculated based on residence as evidenced by the following residence documents:a.a residence or permanent residence permit;b.temporary admission; half of the period of residence is credited; orc.a legitimation card or comparable residence document issued by the federal department of foreign affairs.2 leaving switzerland for a short period with the intention of returning does not interrupt a period of residence.3 a foreign national is deemed to have stopped residing in switzerland on leaving switzerland if he or she has deregistered with the responsible authority or has actually lived abroad for more than six months.art. 34 cantonal enquiries 1 if an application is made for ordinary naturalisation, the competent cantonal authority shall, if the formal requirements of article 9 have been met, assess whether the requirements of article 11 letters a and b have been met.2 the sem shall instruct the cantonal naturalisation authority to conduct the enquiries required to assess whether the requirements for simplified naturalisation, reinstatement of citizenship, declaring a naturalisation null and void or withdrawing swiss citizenship have been met.3 the federal council shall regulate the procedure. it may issue uniform guidelines on drawing up enquiry reports and provide for deadlines for conducting the enquiries mentioned in paragraph 2.art. 35 fees 1 the federal, cantonal and communal authorities may charge fees in connection with naturalisation procedures or procedures for declaring naturalisations null and void.2 the fees may not amount to more than is required to cover costs.3 for the procedure under its jurisdiction, the confederation may request an advance payment of fees.art. 36 declaration of nullity 1 a naturalisation decision may be declared null and void by the sem if it has been obtained by using false information or by concealing material facts.2 the naturalisation decision may be declared null and void within two years of the sem becoming aware of the legally relevant circumstances, and at the latest within eight years of the naturalised person acquiring swiss citizenship. a new two year limitation period begins after each investigative act that has been notified to the naturalised person concerned. the limitation periods are suspended during appeal proceedings.3 subject to the same requirements, a naturalisation decision under articles 9-19 may also be declared null and void by the cantonal authority.4 nullity extends to all children whose swiss citizenship is based on the naturalisation decision that has been declared null and void. exempted therefrom are children who:a.at the time of the decision on the declaration of nullity are over the age of 16 and who meet the residence requirements of article 9 and the personal requirements of article 11; orb.would become stateless as a result of the declaration of nullity.5 after the declaration of nullity of a naturalisation becomes legally binding, two years must elapse before a new application for naturalisation may be made.6 the waiting period in paragraph 5 does not apply to children included in the declaration of nullity.7 the forfeiture of the identity documents shall be ordered when the declaration of nullity is issued.chapter 2 loss by official decree section 1 relief of citizenship art. 37 request for relief and decision 1 swiss citizens shall on request be relieved of their swiss citizenship if they are not resident in switzerland and hold or have been assured of another nationality. article 31 applies mutatis mutandis.2 relief of citizenship is granted by the authority in the canton of origin.3 loss of cantonal and communal citizenship and thus of swiss citizenship take effect on service of the certificate of relief of citizenship.art. 38 inclusion of children 1 relief of citizenship also applies to minor children who:a.are under the parental care of the person relieved of citizenship;b.are not resident in switzerland; andc.hold or have been assured of another nationality.2 minor children who are over the age of 16 years are only included in the relief of citizenship if they give their written consent. art. 39 certificate of relief of citizenship 1 the canton of origin shall issue a certificate of relief of citizenship in which every person covered by the certificate is listed.2 the sem shall arrange for the certificate of relief of citizenship to be served and shall notify the canton when the certificate has been successfully served.3 it shall postpone service if it is not expected that the person relieved of citizenship will be granted the foreign citizenship of which he or she has been assured.4 if the place of residence of the person relieved of citizenship is unknown, notice of relief of citizenship may be published in the federal gazette. such publication has the same effect as service of the certificate of relief of citizenship.art. 40 fees the cantons are entitled to charge fees to cover the costs of the procedure for relief of citizenship.art. 41 multiple cantonal citizenships 1 swiss citizens with citizenship of two or more cantons may submit their application to any one of their cantons of origin.2 if one canton of origin decides on the application for relief of citizenship, swiss citizenships and the citizenship of all the cantons and communes concerned is lost on formal service of the decision.3 the canton that has decided on relief of citizenship shall notify the other cantons of origin ex officio.section 2 revocation art. 42 the sem may, with consent of the authority in the canton of origin, revoke the swiss, cantonal and communal citizenship of a person holding dual nationality if his or her conduct is seriously detrimental to the interests or the reputation of switzerland.title 3 declaratory procedure art. 43 1 if there is doubt as to whether a person holds swiss citizenship, the authority in the canton of which the citizenship has been called into question decides, on request or ex officio.2 the sem may also request a decision.title 4 processing of personal data and administrative assistance art. 44 data processing in order to fulfil its duties under this act, the sem may process personal data, including personality profiles and particularly sensitive data on religious beliefs, political activities, health, social assistance measures and administrative or criminal proceedings and penalties. it shall maintain an electronic information system for this purpose in accordance with the federal act of 20 june 20036 on the information system for foreign nationals and asylum matters.6 sr 142.51art. 45 administrative assistance 1 in response to a written and justified request relating to a specific case, the authorities responsible for implementing this act shall disclose to each other the data required to:a.decide on an application for ordinary naturalisation, simplified naturalisation or reinstatement of citizenship;b.declare a naturalisation null and void;c.decide on an application for relief of swiss citizenship;d.issue a withdrawal of swiss citizenship;e.issue a declaratory ruling about a person's swiss citizenship.2 in response to a written and justified request relating to a specific case, other federal, cantonal or communal authorities are required to disclose to the authorities responsible for implementing this act the data required to carry out their duties pursuant to paragraph 1.title 5 rights of appeal art. 46 appeal to a cantonal court the cantons shall appoint judicial authorities to act as the ultimate cantonal courts of appeal in relation to decisions to refuse ordinary naturalisation.art. 47 appeal at federal level 1 appeals against final rulings by the cantons and against decisions by the federal administrative authorities are governed by the general provisions on the administration of federal justice.2 the cantons and communes concerned also have a right of appeal.title 6 final provisions chapter 1 implementation and repeal and amendment of other legislation art. 48 implementation the federal council is responsible for implementing this act.art. 49 repeal and amendment of other legislation the repeal and amendment of other legislation are regulated in the annex.chapter 2 transitional provisions art. 50 no retrospective effect 1 the acquisition and loss of swiss citizenship are governed by the law in force at the time that the relevant circumstances occurred.2 applications made before this act comes into force shall be processed in accordance with the previous law applicable up to and including the decision on the application.art. 51 acquisition of swiss citizenship under the transitional law 1 a foreign child of a marriage between a swiss mother and a foreign father whose mother held swiss citizenship prior to or at the time of the child's birth may apply for simplified naturalisation if he or she has close ties with switzerland.2 a foreign child born to a swiss father before 1 january 2006 may apply for simplified naturalisation provided he or she meets the requirements of article 1 paragraph 2 and has close ties with switzerland.3 a foreign child born to a swiss father before 1 january 2006 whose parents marry acquires swiss citizenship as if from birth if he or she meets the requirements of article 1 paragraph 2.4 the child acquires the cantonal and communal citizenship that the swiss parent holds or last held, and thus swiss citizenship.5 the requirements of article 20 apply mutatis mutandis.art. 51a7 transitional provision to the amendment of 30 september 2016 third generation immigrants who are over the age of 25 but have not yet reached the age of 35 when the amendment of 30 september 2016 to this act comes into force and who meet the requirements of article 24a paragraph 1 may apply for simplified naturalisation within five years of the said amendment coming into force.87 inserted by no i of the fa of 30 sept. 2016 (simplified naturalisation for third generation immigrants), in force since 15 feb. 2018 (as 2018 531; bbl 2015 769 1327).8 the correction of the federal assembly drafting committee of 21 june 2019 published 9 of july 2019 relates to the french and italian texts only (as 2019 2103).chapter 3 referendum and commencement art. 52 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 201899 fcd of 17 june 2016.annex (art. 49)repeal and amendment of other legislation ithe federal act on citizenship of 29 september 195210 is repealed.iithe following federal acts are amended as follows:.1110 [as 1952 1087, 1972 2819 no ii 2, 1977 237 no ii 2, 1985 420, 1991 1034, 2000 1891 no iv 1, 2003 187 annex no ii 1, 2005 5233 5685 annex no 1, 2006 2197 annex no 2, 2008 3437 no ii 2 5911, 2011 347 725 annex no 1, 2012 2569 no ii 1]11 the amendments may be consulted under as 2016 2561.

142.20english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on foreign nationals and integration (foreign nationals and integration act, fnia)1of 16 december 2005 (status as of 2 october 2021)1 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).the federal assembly of the swiss confederation,on the basis of article 121 paragraph 1 of the federal constitution2,and having considered the dispatch of the federal council dated 8 march 20023,decrees:2 sr 1013 bbl 2002 3709chapter 1 subject matter and scope of application art. 1 subject matter this act regulates the entry and exit, residence and family reunification of foreign nationals in switzerland. in addition, it regulates encouraging their integration.art. 2 scope of application 1 this act applies to foreign nationals, provided no other provisions of the federal law or international treaties concluded by switzerland apply.2 for citizens of member states of the european community (ec), their family members, and employees posted to switzerland by employers resident or with their registered office in these states, this act applies only to the extent that the agreement of 21 june 19994 between the swiss confederation on the one hand and the european community and their member states on the other hand on freedom of movement does not contain any different provisions or that this act provides for more advantageous provisions.3 for citizens of member states of the european free trade association (efta), their family members, and employees posted to switzerland by employers resident or with their registered office in these states, this act applies only to the extent that the agreement amending the convention establishing the european free trade association from 21 june 20015 does not contain any different provisions or that this act provides for more advantageous provisions.4 the provisions on the visa procedure and on entry and exit apply only insofar as there are no provisions to the contrary in the schengen association agreements.65 the schengen association agreements are listed in annex 1 no. 1.74 sr 0.142.112.6815 sr 0.632.31; the protocol of 21 june 2001, which is an integral part of the agreement applies to relations between switzerland and liechtenstein.6 inserted by art. 127 below (as 2008 5405 art. 2 let. a). amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).7 inserted by no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).chapter 2 principles of admission and integration art. 3 admission 1 the admission of gainfully employed foreign nationals is allowed in the interests the economy as a whole; the chances of lasting integration in the swiss employment market as well as in the social environment are crucial. switzerland's cultural and scientific needs shall be appropriately taken account of.2 foreign nationals shall also be admitted if international law obligations, humanitarian grounds or the unity of the family so requires.3 in deciding on the admission of foreign nationals, account shall be taken of switzerland's demographic and social development.art. 4 integration 1 the aim of integration is the co-existence of the resident swiss and foreign population on the basis of the values of the federal constitution and mutual respect and tolerance.2 integration should enable foreign nationals who are lawfully resident in switzerland for the longer term to participate in the economic, social and cultural life of the society.3 integration requires willingness on the part of the foreign nationals and openness on the part of the swiss population.4 foreign nationals are required to familiarise themselves with the social conditions and way of life in switzerland and in particular to learn a national language.chapter 3 entry and exit art. 5 entry requirements 1 foreign nationals who wish to enter switzerland:a. must have a recognised identity document for crossing the border and a visa, if required;b. must have the required financial means for the period of stay;c. must not pose a threat to public security and order or to switzerland's international relations; andd.8 must not be subject to a measure banning them from entry or an order for expulsion from switzerland under article 66a or 66abis of the swiss criminal code (scc)9 or article 49a or 49abis of the military criminal code of 13 june 192710 (mcc).2 they must provide a guarantee that they will leave switzerland if only a temporary period of stay is planned.3 the federal council may provide for exceptions to the entry requirements in paragraph 1 on humanitarian or national interest grounds or on the basis of international obligations.114 the federal council shall determine the recognised identity documents for crossing the border.128 amended by no iv 3 of the fa of 19 june 2015 (amendment to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).9 sr 311.010 sr 321.011 amended by no i of the fa of 21 june 2019, in force since 1 dec. 2019 (as 2019 3539; bbl 2019 175).12 amended by art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a).art. 6 issue of the visa 1 visas are issued by the swiss representation abroad on behalf of the competent authority of the confederation or the cantons or by another authority appointed by the federal council.2 in the case of a refusal of the visa for a period of stay not requiring a permit (art. 10), the competent foreign representation shall issue a decision on a standard form on behalf of the state secretariat for migration (sem)13 or the federal department of foreign affairs (fdfa). the federal council may provide that other offices of the fdfa may also issue decisions on behalf of the fdfa.142bis a written objection may be filed against this decision with the relevant authority (sem or fdfa) within 30 days. article 63 of the federal act of 20 december 196815 on administrative procedure applies mutatis mutandis.163 to cover any residence, supervision and return costs, a formal obligation limited in time, the deposit of a surety bond or other types of guarantee may be required.1713 the name of this administrative unit was amended by art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937), in force since 1 jan. 2015. this amendment has been made throughout the text.14 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).15 sr 172.02116 inserted by art. 2 no 1 of the fd of 11 dec. 2009 (approval and implementation of the exchange of notes relating to the visa information system) (as 2010 2063; bbl 2009 4245). amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).17 amended by art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a).art. 718 crossing the border and border controls 1 entry and exit are governed by the schengen association agreements.2 the federal council regulates possible checks on persons at the border in accordance with these agreements. if entry is refused, the authority responsible for the border control shall issue a removal order in accordance with article 64.193 if checks at the swiss border are temporarily reintroduced in accordance with articles 27, 28 or 29 of the schengen borders code20 and entry is refused, the authority responsible for the border controls shall issue a reasoned and appealable decision on a form in accordance with annex v part b of the schengen borders code. the refusal of entry may be enforced immediately. an appeal has no suspensive effect.2118 amended by art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a).19 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).20 regulation (eu) 2016/399 of the european parliament and of the council of 9 march 2016 establishing a community code on the rules governing the movement of persons across borders (schengen borders code), oj. l 77 of 23.3.2016, p. 1; last amended by regulation (eu) 2017/458, oj. l 74 of 18.03.2017, p. 1.21 inserted by art. 2 of the fd of 13 june 2008 on the approval and the implementation of the exchange of notes between switzerland and the european community on the acceptance of the schengen borders code (as 2008 5629 5405 art. 2 let. b). amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).art. 822 22 repealed by art. 127 below, with effect from 12 dec. 2008 (as 2008 5405 art. 2 let. a).art. 9 authorities responsible for border controls 1 the cantons carry out checks on persons on their sovereign territory.2 the federal council regulates the federal checks on persons carried out in the border zone in consultation with the border cantons.chapter 4 permit and notification requirements art. 10 permit requirement for period of stay without gainful employment 1 foreign nationals do not require a permit for any period of stay without gainful employment of up to three months; if the visa indicates a shorter period of stay, then this period applies.2 a permit is required for foreign nationals intending a longer period of stay without gainful employment. they must apply to the competent authority at the planned place of residence for this permit before entering switzerland. article 17 paragraph 2 remains reserved.art. 11 permit requirement for period of stay with gainful employment 1 foreign nationals who wish to work in switzerland require a permit irrespective of the period of stay. they must apply to the competent authority at the planned place of employment for this permit.2 gainful employment is any salaried or self-employed activity that is normally carried out for payment, irrespective of whether payment is made.3 in the case of salaried employment, the application for a permit must be submitted by the employer.art. 12 registration requirement 1 foreign nationals who require a short stay, residence or settlement permit, must register with the competent authority at their place of residence in switzerland before the expiry of the period of stay not requiring a permit or before they take up employment.2 foreign nationals must register with the competent authority at the new place of residence if they move to another commune or to another canton.3 the federal council shall determine the time limits for registration.art. 13 permit and registration procedures 1 foreign nationals must produce a valid identity document at the time of registration. the federal council shall determine the exceptions and the recognised identity documents.2 the competent authority may require an extract from the register of convictions in the applicant's country of origin or native country as well as further documents that are necessary for the procedure.3 registration may only be carried out if all the documents indicated by the competent authority as necessary for granting the permit are provided.art. 14 derogations from the permit and the registration requirement the federal council may lay down more favourable provisions on the permit and the registration requirement, in particular to facilitate temporary cross-border services.art. 15 notice of departure foreign nationals who hold a permit must give notice of departure to the competent authority at the place of residence if they move to another commune or to another canton or if they move abroad.art. 16 notification requirement in the case of commercial accommodation any person who accommodates foreign nationals for commercial gain must provide the competent cantonal authority with their particulars.art. 17 regulation of the period of stay until the permit decision 1 foreign nationals who have entered the country lawfully for a temporary period of stay and who subsequently apply for longer period of stay must wait for the decision abroad.2 if the admission requirements are clearly fulfilled, the competent cantonal authority may permit the applicant to remain in switzerland during the procedure.chapter 5 admission requirements section 1 admission for a period of stay with gainful employment art. 18 salaried employment foreign nationals may be admitted to work as an employee if:a. this is in the interests of the economy as a whole;b. an application from an employer has been submitted; and c. the requirements of articles 20-25 are fulfilled.art. 19 self-employment foreign nationals may be admitted to work on a self-employed basis if:a. this is in the interests of the economy as a whole;b. the necessary financial and operational requirements are fulfilled;c.23 they have an adequate and independent source of income; andd.24 the requirements of articles 20 and 23-25 are met.23 amended by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).24 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).art. 20 limitation measures 1 the federal council may limit the number of first-time short stay and residence permits (art. 32 and 33) for work purposes. it shall consult the cantons and the social partners beforehand.2 it may define quotas for the confederation and the cantons.3 the sem may, within the federal quota limits, grant first-time short stay and residence permits or increase the cantonal quotas. in doing so, it shall take account of the needs of the cantons and overall economic interests.art. 21 precedence 1 foreign nationals may be permitted to work only if it is proven that no suitable domestic employees or citizens of states with which an agreement on the free movement of workers has been concluded can be found for the job.2 domestic employees include:a. swiss nationals;b. persons with a settlement permit;c. persons with a residence permit authorising them to work;d.25 temporarily admitted persons;e.26 persons who have been granted temporary protection and have a permit entitling them to take up employment.3 foreign nationals with a swiss university degree may be admitted in derogation from paragraph 1 if their work is of high academic or economic interest. they shall be temporarily admitted for a period of six months following completion of their education or training in switzerland in order to find suitable work.2725 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).26 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).27 inserted by no i of the fa of 18 june 2010 (simplified admission for foreign nationals with university degrees), in force since 1 jan. 2011 (as 2010 5957; bbl 2010 427 445).art. 21a28 measures for persons seeking employment 1 the federal council shall introduce measures to make full use of the swiss employment market potential. it shall consult the cantons and social partners beforehand.2 in the event of an above-average level of unemployment in specific professions, areas of employment or economic regions, temporary measures shall be taken to assist persons who are registered with public employment agencies as seeking employment. the measures may be restricted to specific economic regions.3 in the professions, areas of employment or economic regions with an above-average level of unemployment, employers must notify the public employment agencies of vacant positions. access to information about the notified vacancies shall be restricted for a limited period to persons registered with public employment agencies in switzerland.4 the public employment agency shall within a short period of time provide the employers with the relevant details of persons registered as seeking employment. the employer shall invite suitable candidates for an interview or an aptitude test. the results shall be communicated to the public employment agencies.5 where vacant positions in accordance with paragraph 3 are filled by persons registered as seeking employment with public employment agencies, it is not required to notify the public employment agency of the vacant positions.6 the federal council may specify additional exceptions to the obligation to give notice of vacant positions in accordance with paragraph 3, in particular in order to take account of the special situation of family businesses or in relation to persons who previously worked for the same employer; before issuing the implementing provisions, it shall consult the cantons and social partners. furthermore, it shall regularly draw up lists of professions and areas of employment with above-average levels of unemployment in which the obligation to give notice of vacant positions applies. 7 if the requirements of paragraph 2 are met, a canton may request the federal council to introduce an obligation to give notice of vacant positions. 8 if the measures under paragraphs 1-5 do not achieve the desired effect or should new problems arise, the federal council, having consulted the cantons and social partners, shall submit proposals for additional measures to the federal assembly. in the event of serious problems, in particular problems caused by cross-border commuters, a canton may request the federal council to introduce further measures.28 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).art. 2229 salary and employment conditions and compensation for expenses incurred by posted employees 1 foreign nationals may only be admitted in order to work if:a. the salary and employment conditions customary for the location, profession and sector are satisfied; andb. the level of compensation under paragraph 2 is customary for the location, profession and sector.2 the employer shall compensate employees posted to switzerland for expenses they incur in providing a cross-border service or in connection with a posting as part of an operational transfer, such as travel expenses and board and lodging. these compensation payments are not regarded as part of the salary.3 in the case of long-term postings, the federal council may issue provisions on the duration of the obligation to compensate under paragraph 2.29 amended by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).art. 23 personal requirements 1 short stay and residence permits for work purposes may only be granted to managers, specialists and other qualified workers.2 in deciding whether to grant residence permits, the professional qualifications of applicants and their professional and social adaptability, language skills and age must also indicate that there is a prospect of lasting integration in the swiss job market and the social environment.3 by way of derogation from paragraphs 1 and 2, the following applicants may be admitted: a. investors and entrepreneurs who maintain existing jobs or create new jobs;b. recognised persons from the world of science, culture and sport;c. persons with special professional knowledge or skills, provided there is a need for their admission;d. persons who are part of an executive transfer between internationally active companies;e. persons whose activity in switzerland is indispensable for economically significant international business relationships.art. 24 accommodation foreign nationals may only be admitted in order to work if suitable accommodation for them is available.art. 25 admission of cross-border commuters 1 foreign nationals may only be admitted as cross-border commuters in order to work if:a. they have a permanent right of residence in a neighbouring state and they have had their place of residence for a minimum of six months in the neighbouring border zone; andb. they work within the swiss border zone.2 articles 20, 23 and 24 are not applicable.art. 26 admission for cross-border services 1 foreign nationals may only be admitted to provide a temporary cross-border service if their activity is in the general interests of the economy.2 the requirements of articles 20, 22 and 23 apply mutatis mutandis.art. 26a30 admission of caregivers and teachers 1 foreign nationals may be admitted as religious caregivers or teachers or as teachers of their native language and culture if, in addition to meeting the requirements of articles 18-24, they:a. are familiar with the social and legal value system in switzerland and are capable of imparting this knowledge to the foreign nationals that they care for and teach; andb. they are able to communicate in the national language spoken at their place of work.2 in deciding whether to grant short stay permits, the competent authorities may derogate from the requirement under paragraph 1 letter b.30 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).section 2 admission for residence without gainful employment art. 27 education and training 1 foreign nationals may be admitted for education or training purposes if:31a. the management of the educational establishment confirms that the person concerned is eligible for education or training;b. suitable accommodation is available;c. the required financial means are available; andd.32 they fulfil the personal and educational requirements for the planned education or training course.2 in the case of minors, their supervision must be guaranteed.3 a continued stay in switzerland following completion or discontinuation of the education or training course is governed by the general admission requirements contained in this act.3331 amended by no i of the fa of 18 june 2010 (simplified admission for foreign nationals with university degrees), in force since 1 jan. 2011 (as 2010 5957; bbl 2010 427 445).32 amended by no i of the fa of 18 june 2010 (simplified admission for foreign nationals with university degrees), in force since 1 jan. 2011 (as 2010 5957; bbl 2010 427 445).33 inserted by no i of the fa of 18 june 2010 (simplified admission for foreign nationals with university degrees), in force since 1 jan. 2011 (as 2010 5957; bbl 2010 427 445).art. 28 retired persons foreign nationals who are no longer gainfully employed may be admitted if:a. they have reached a minimum age set by the federal council;b. they have special personal relations to switzerland; andc. they have the required financial means.art. 29 medical treatment foreign nationals may be admitted for medical treatment. financing and return must guaranteed.art. 29a34 persons seeking employment foreign nationals residing in switzerland solely in order to seek employment, and their family members, are not entitled to social assistance.34 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).section 3 derogations from the admission requirements art. 30 1 derogations from the admission requirements (art. 18-29) are permitted in order to:a. regulate the employment of foreign nationals admitted under the provisions on family reunification, unless they have a right to work (art. 46); b. take account of serious cases of personal hardship or important public interests;c. regulate the period of stay of foster children;d. protect persons from exploitation who are particularly at risk in view of their work;e.35 regulate the period of stay of victims and witnesses of trafficking in human beings and of persons who are cooperating with the prosecution authorities as part of a witness protection programme organised by swiss or foreign authorities or by an international criminal court;f. permit periods of stay as part of relief and development projects in the interests of economic and technical cooperation;g.36 facilitate international economic, scientific and cultural exchange as well as basic and continuing professional education and training;h. simplify the transfer of senior management staff and essential specialists within internationally active companies;i.37 .j. permit au-pair workers recruited through a recognised organisation, to stay in switzerland period of stay for education and training;k. facilitate the re-admission of foreign nationals who held a residence or settlement permit;l. regulate the employment and the participation in employment programmes of asylum seekers (art. 43 of the asylum act of 26 june 199838, asyla), temporarily admitted persons (art. 85) and persons in need of protection (art. 75 asyla).2 the federal council shall establish the general conditions and regulate the procedure.35 amended by annex no 1 of the fa of 23 dec. 2011 on extra-procedural witness protection, in force since 1 jan. 2013 (as 2012 6715; bbl 2011 1).36 amended by annex no 1 of the fa of 20 june 2014 on continuing education and training, in force since 1 jan. 2017 (as 2016 689; bbl 2013 3729).37 repealed by no i of the fa of 18 june 2010 (simplified admission for foreign nationals with university degrees), with effect from 1 jan. 2011 (as 2010 5957; bbl 2010 427 445).38 sr 142.31section 4 stateless persons art. 31 1 any person recognised as stateless by switzerland has the right to a residence permit in the canton in which they are lawfully residing.2 if the stateless person satisfies the criteria in article 83 paragraph 7, the provisions on temporarily admitted persons of article 83 paragraph 8 apply.3 stateless persons in accordance with paragraphs 1 and 2 and stateless persons who are subject to a legally enforceable expulsion order under articles 66a or 66abis scc39 or article 49a or 49abis mcc40 may work anywhere in switzerland. article 61 asyla41 applies by analogy.4239 sr 311.040 sr 321.041 sr 142.3142 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).chapter 6 regulation of the period of stay art. 32 short stay permit 1 the short stay permit is granted for limited periods of stay of up to one year.2 it is granted for a specific purpose of stay and may be made subject to additional conditions.3 it may be extended by up to two years. a change of job is only possible for good cause.4 the short stay permit may only be granted again after an appropriate interruption of stay in switzerland.art. 33 residence permit 1 the residence permit is granted for periods of stay with of more than a year.2 it is granted for a specific purpose of stay and may be made subject to additional conditions.3 it is subject to a time limit and may be extended, provided there are no grounds for revocation in terms of article 62 paragraph 143.4 when the residence permit is granted or extended, the integration of the person concerned will be taken into account to determine the period of validity.445 the granting and extension of the residence permit may be linked to the conclusion of an integration agreement if there is a special need for integration in accordance with the criteria set out in article 58a.4543 term in accordance with no iv 3 of the fa of 19 june 2015 (amendment to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721). this amendment has been made throughout the text.44 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).45 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 34 settlement permit 1 the settlement permit is granted for an unlimited duration and without conditions.2 foreign nationals may be granted a settlement permit if:a. they have resided in switzerland for a minimum of ten years in total on the basis of a short stay or residence permit and have held a residence permit without interruption for the last five years;b.46 there are no grounds for revocation in terms of article 62 or 63 paragraph 2; andc.47 they are integrated.3 the settlement permit may be granted after a shorter qualifying period if there is good cause.4 foreign nationals may be granted a settlement permit if they have resided in switzerland for the past five years without interruption while holding a residence permit, if they meet the requirements of paragraph 2 letters b and c, and if they are able to communicate well in the national language spoken at their place of residence.485 temporary periods of stay, in particular for education or training (art. 27), do not count towards the uninterrupted period of stay in the last five years in accordance with paragraphs 2 letter a and 4. periods of stay for education or training (art. 27) are included if the person concerned, after their completion, held a settlement permit for an uninterrupted period of two years.496 if the settlement permit has been revoked in accordance with article 63 paragraph 2 and replaced by a residence permit, the settlement permit may be granted again at the earliest five years after integration has been successful.5046 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).47 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).48 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).49 amended by no i of the fa of 18 june 2010 (simplified admission for foreign nationals with university degrees), in force since 1 jan. 2011 (as 2010 5957; bbl 2010 427 445).50 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 35 cross-border commuter permit 1 the cross-border commuter permit is granted for employment in a border zone (art. 25).2 persons with a cross-border commuter permit must return to their place of residence abroad at least once a week; the cross-border commuter permit may be made subject to additional conditions.3 it is subject to a time limit and may be extended.4 after an uninterrupted period of employment of five years, the holder has the right to extend a cross-border commuter permit, provided there are no grounds for revocation in terms of article 62 paragraph 1.art. 36 place of residence persons with a short stay, residence or settlement permit are free to choose their place of residence within the canton that granted the permit.art. 37 change of the place of residence to another canton 1 persons with a short stay permit or a residence permit who would like to relocate their place of residence to another canton must apply for the appropriate permit from the new canton beforehand.2 persons with a residence permit are entitled to move to another canton provided they are not unemployed and there are no grounds for revocation in terms of article 62 paragraph 1.3 persons with a settlement permit are entitled to move to another canton, provided there are no grounds for revocation in terms of article 63.4 no permit is required for a temporary stay in another canton.art. 38 gainful employment 1 persons with a short stay permit who are admitted in order to be self-employed or to engage in salaried employment may work as authorised anywhere in switzerland. a change of job may be approved, if there is good cause and the requirements of articles 22 and 23 are fulfilled.2 persons with a residence permit who are admitted in order to be self-employed or to engage in salaried employment may work anywhere in switzerland. they require no additional authorisation to change jobs.3 persons with a residence permit may be authorised to become self-employed if the requirements of article 19 letters a and b are fulfilled.4 persons with a settlement permit may be self-employed or engage in salaried employment anywhere in switzerland.art. 39 employment of cross-border commuters 1 persons with a cross-border commuter permit may work temporarily outside the border zone. if they want to move the focus of their employment to the border zone of another canton, they must apply for a permit from the new canton beforehand. after working for an uninterrupted period of five years, cross border commuters are entitled to change cantons.2 persons with a cross-border commuter permit may be authorised to change jobs if the requirements in terms of articles 21 and 22 are fulfilled. after working for an uninterrupted period of five years, cross border commuters are entitled to change jobs.3 persons with a cross-border commuter permit may be authorised to become self-employed, if the requirements in terms of article 19 letters a and b are fulfilled.art. 40 permit-granting authority and preliminary decision based on the employment market 1 the permits in terms of articles 32-35 and 37-39 are granted by the cantons. the confederation remains responsible for quotas (art. 20) as well as for derogations from the admission requirements (art. 30) and for the approval procedure (art. 99).2 if a foreign national is not entitled to work, the competent cantonal authority is required to issue a preliminary decision based on the employment market in order to authorise employment, a change of job, or a change to self-employment.3 if a canton submits an application to grant a short stay or residence permit in terms of the federal quotas, the sem shall issue a preliminary decision based on the employment market.art. 41 identity cards 1 foreign nationals normally receive a corresponding identity card with the permit.2 temporarily admitted persons (art. 83) an identity card that indicates their legal status.3 identity cards for persons with a settlement permit are issued for five years for control purposes.4 the identity card may carry a data chip. this contains the portrait photograph and fingerprints of the holder and the data contained in the machine-readable zone.515 the federal council specifies which persons are issued with an identity card with a data chip and which data must be stored on the chip.526 the sem specifies the form and the content of identity cards. it may delegate the production of identity cards wholly or partly to third parties.5351 amended by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).52 inserted by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).53 inserted by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).art. 41a54 security and reading of the data chip 1 the data chip must be protected against counterfeiting and its unauthorised reading. the federal council shall determine the technical requirements.2 the federal council is authorised to enter into agreements with the states bound by any of the schengen association agreements and with other states on the reading of the fingerprints stored on the data chip, provided the states concerned guarantee a level of data protection equivalent to that in switzerland.54 inserted by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).art. 41b55 office issuing biometric identity cards 1 the office entrusted with issuing biometric identity cards and the general contractors concerned must prove that:a. they have the required specialist knowledge and qualifications;b. they guarantee the secure, high quality and punctual production of identity cards in accordance with the specifications;c. they guarantee compliance with the data protection requirements; andd. they have sufficient financial resources.2 beneficial owners, shareholders and members of the board or an equivalent management body, executive managers and other persons who have or could have a significant influence on the undertaking or production of foreign national identity cards must be of good reputation. security screening in accordance with article 6 of the ordinance of 19 december 200156 on personnel security screening may be carried out.3 the sem may at any time request the documents necessary to verify compliance with the requirements listed in paragraphs 1 and 2. if the issuing office is part of a corporate group, the requirements apply to the entire group.4 the provisions of paragraphs 1-3 apply to service providers and suppliers if the products or services provided are essential for the production of the identify cards.5 the federal council shall specify the additional requirements to be met by the issuing office, general contractors, service providers and suppliers.55 inserted by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).56 [as 2002 377, 2005 4571, 2006 4177 art. 13 4705 no ii 1, 2008 4943 no i 3 5747 annex no 2, 2009 6937 annex 4 no ii 2. as 2011 1031 art. 31 para. 1]. see now the o of 4 march 2011 (sr 120.4).chapter 7 family reunification art. 42 family members of swiss nationals 1 the foreign spouse and unmarried children under 18 of a swiss national who live with the swiss national are entitled to be granted a residence permit and to have their residence permit extended.2 foreign family members of swiss nationals are entitled are entitled to be granted a residence permit and to have their residence permit extended if they are in the possession of a settlement permit from a country with which an agreement on the free movement of persons has been concluded. family members are:a. the spouse and the relatives in the descending line who are under 21 or who are dependants;b. the relatives of either spouse in the ascending line who are dependants.3 after a law-abiding and uninterrupted period of stay of five years, a foreign spouse is entitled to be granted a settlement permit if the integration criteria set out in article 58a are met.574 children under twelve are entitled to be granted a settlement permit.57 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 4358 spouses and children of persons with a settlement permit 1 the foreign spouse and unmarried children under 18 of a person with a settlement permit are entitled to be granted a residence permit and to have their residence permit extended provided:a. they live with that person;b. suitable accommodation is available;c. they do not depend on social assistance; d. they are able to communicate in the national language spoken at their place of residence; ande. the family member they are joining is not claiming supplementary benefits under the federal act of 6 october 200659 on benefits supplementary to the old age, survivors' and invalidity insurance (sba) or would not be entitled to claim such benefits due to family reunification.2 in order to obtain a residence permit, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in paragraph 1 letter d.3 in the case of unmarried children under the age of 18, the requirement in paragraph 1 letter d does not apply.4 the granting and extension of the residence permit may be linked to the conclusion of an integration agreement if there is a special need for integration in accordance with the criteria set out in article 58a.5 after a law-abiding and uninterrupted period of stay of five years, spouses are entitled to be granted a settlement permit if the integration criteria set out in article 58a are met.6 children under twelve are entitled to be granted a settlement permit.58 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).59 sr 831.30art. 4460 spouses and children of persons with a residence permit the foreign spouse and unmarried children under 18 of a person with a residence permit may be granted a residence permit or an extension thereof if:a. they live with the permit holder;b. suitable housing is available; c. they do not depend on social assistance;d. they are able to communicate in the national language spoken at their place of residence; ande. the family member they are joining is not claiming supplementary benefits according to the sba61 or would not be entitled to claim such benefits due to family reunification.2 in order to obtain a residence permit, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in paragraph 1 letter d.3 in the case of unmarried children under the age of 18, the requirement laid out in paragraph 1 letter d does not apply.4 the granting and extension of the residence permit may be linked to the conclusion of an integration agreement if there is a special need for integration in accordance with the criteria set out in article 58a.60 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).61 sr 831.30art. 45 spouses and children of persons with a short stay permit the foreign spouses and unmarried children under 18 of a person with a short stay permit may be granted a short stay permit, if:a. they live with the permit holder;b. suitable housing is available;c. they do not depend on social assistance; andd.62 the family member they are joining is not claiming supplementary benefits according to the sba63 or would not be entitled to claim such benefits due to family reunification.62 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).63 sr 831.30art. 45a64 annulment of marriage if, on assessing the reunification of spouses in accordance with articles 42-45, the competent authorities have reason to believe that there are grounds under article 105 numbers 5 or 6 of the civil code65 (cc) for the marriage to be annulled, they shall report this to the competent authority under article 106 cc. the request for the reunification of spouses is suspended until this authority makes its decision. if the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.64 inserted by no i 1 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).65 sr 210art. 46 employment of spouses and children the spouse and children of a swiss national or of a person with a settlement permit or a residence permit (art. 42-44) may work on a salaried or self-employed basis anywhere in switzerland.art. 47 time limit for family reunification 1 the right to family reunification must be exercised within five years. children over twelve must be reunified with their family within twelve months.2 the foregoing time limits do not apply to family reunification in terms of article 42 paragraph 2.3 the time limits for family members of:a. swiss nationals in accordance with article 42 paragraph 1 begin on their entry or with the constitution of the family relationship;b. foreign nationals begin with the granting of a residence or settlement permit or with the constitution of the family relationship.4 a subsequent family reunification shall be authorised only if there are important family reasons therefor. if necessary, children over 14 shall be consulted on family reunification.art. 48 children fostered with a view to adoption 1 foster children are entitled to receive a residence permit and to have their residence permit extended if:a. their adoption is planned in switzerland;b. the requirements under civil law for the adoption of foster children are fulfilled; andc. their entry for the purpose the adoption was lawful.2 if the adoption falls through, the foster children are entitled to an extension of their residence permit and, five years after entry, they are entitled to be granted a settlement permit.art. 49 exemptions from requirement of cohabitation the requirement of cohabitation in terms of articles 42-44 does not apply if good cause is shown for living separately and the family household continues to exist.art. 49a66 exception to the requirement of proof of language proficiency 1 the requirement of articles 43 paragraph 1 letter d and 44 paragraph 1 letter d may be waived where there is good cause.2 the following shall be regarded as good cause, in particular: a disability, illness or other restriction leading to a substantial impairment of the ability to learn a language.66 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 50 dissolution of the family household 1 after the dissolution of the marriage or of the family household, the right of a spouse and the children to be granted a residence permit and to have their residence permit extended in accordance with articles 42 and 43 subsists if:a.67 the marriage lasted at least three years and the integration criteria set out in article 58a are met; orb. important personal reasons make an extended residency in switzerland necessary.2 there are important personal reasons in terms of paragraph 1 letter b in particular if a spouse has been the victim of marital violence or did not marry of his or her own free will and social reintegration in the country of origin appears to be seriously prejudiced.683 the time limit for being granted a settlement permit is governed by article 34.67 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).68 amended by no i 1 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).art. 51 expiry of the right to family reunification 1 the rights in terms of article 42 expire if:a. they are exercised unlawfully, in particular to circumvent the regulations of this act and of its implementing provisions on admission and residence;b. there are grounds for revocation in terms of article 63.2 the rights in terms of articles 43, 48 and 50 expire if:a. they are exercised unlawfully, in particular to circumvent the regulations of this act and of its implementing provisions on admission and residency;b.69 there are grounds for revocation in terms of article 62 or 63 paragraph 2.69 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 52 registered partnership the provisions of this chapter on foreign spouses apply mutatis mutandis to registered partnerships of same-sex couples.chapter 8 integration section 1 encouraging integration70 70 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821). art. 5371 principles 1 in fulfilling their tasks, the confederation, cantons and communes shall take account of integration concerns and of protection against discrimination. 2 they shall create favourable regulatory conditions for equal opportunities and for the participation of the foreign population in public life. they shall make use of the potential of the foreign population, take account of diversity and encourage individual responsibility.3 they shall in particular encourage foreign nationals to develop their language skills and other basic skills, to advance professionally and to take preventive health care measures; they shall also support efforts that facilitate co-existence and mutual understanding between the swiss and the foreign population.4 the authorities of the confederation, cantons and communes, social partners, non-governmental organisations and expatriate' organisations shall cooperate to encourage integration.5 the cantonal social assistance authorities shall register recognised refugees and temporarily admitted persons who are unemployed with the public employment agencies.71 amended by no iii 1 of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 53a72 target groups 1 the federal council shall determine which groups of persons require integration support. it shall consult the cantons and the communal associations in advance.2 priority shall be given to addressing the concerns related to the integration of women, children and young people.72 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 5473 integration support within standard structures integration support shall be provided within existing standard structures at federal, cantonal and communal level, namely:a. in pre-school, school and extracurricular care and education services;b. in the world of work;c. in social security institutions;d. in healthcare;e. in spatial planning, urban and neighbourhood development;f. in sport, the media and culture.73 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 5574 specific approaches to integration support the specific approaches to encouraging integration at federal, cantonal and communal level shall complement the integration support provided in the standard structures in cases where such support is not accessible or where there are gaps in provision.74 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 55a75 measures for persons with special integration needs the cantons shall provide appropriate integration measures for persons with special integration needs as soon as possible. the confederation supports the cantons in this task.75 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 5676 allocation of tasks 1 the federal council shall determine the integration policy within the remit of the confederation. it shall ensure that the federal offices, together with the competent cantonal authorities, take measures to encourage integration and to prevent discrimination.2 the sem shall coordinate the measures by the federal offices to encourage integration and to prevent discrimination, in particular in the areas of social security, vocational education and training, continuing education, and healthcare. the federal offices shall involve the sem in activities that may have an impact on integration.3 the sem shall ensure there is an exchange of information and experiences with the cantons, communes and other parties involved.4 the cantons shall determine the integration policy within their remit. they shall ensur that the cantonal authorities, together with the competent communal authorities, take measures to encourage integration and to prevent discrimination. they are the sem's contact points for integration issues and shall ensure there is an exchange of information and experiences with the communes.5 in cooperation with the cantons, the sem shall periodically review the integration of the foreign population and guarantee quality assurance in the measures to encourage integration.76 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 5777 provision of information and advice 1 the confederation, cantons and communes shall provide information and advice to foreign nationals on living and working conditions in switzerland, and in particular on their rights and obligations.2 the competent authorities shall provide foreign nationals with information on programmes for encouraging integration.3 the cantons are responsible for providing initial information to foreign nationals who have newly arrived from abroad. the confederation shall support the cantons in this task.4 the confederation, cantons and communes shall inform the population about integration policy and the special situation of foreign nationals.5 the confederation, cantons and communes may delegate the tasks set out in paragraphs 1-4 to third parties.77 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 5878 financial contributions 1 the confederation shall grant financial contributions to promote integration in accordance with paragraphs 2 and 3. these contributions supplement the payments made by the cantons to promote integration. it shall in particular subsidise projects that support the acquisition of a national language. contributions are normally only granted if the cantons, communes or third parties share the costs appropriately.2 the contributions for temporarily admitted persons, recognised refugees and vulnerable persons with residence permits whose social assistance costs are reimbursed to the cantons by the confederation under article 87 of this act and articles 88 and 89 of the asyla79 shall be granted to the cantons as flat-rate payments for integration or funding for cantonal integration programmes. they may be made dependent on the achievement of socio-political goals and be restricted to specific groups.3 the other contributions shall be granted for funding cantonal integration programmes and programmes and projects of national importance that help to promote the integration of foreign nationals irrespective of their status. the coordination and conduct of programme and project activities may be delegated to third parties.4 the federal council shall fix the level of the federal contributions under paragraphs 2 and 3.5 the federal council, in consultation with the cantons, shall indicate the areas requiring aid and regulate the details of the procedure under paragraphs 2 and 3.78 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).79 sr 142.31section 280 integration requirements 80 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821). art. 58a integration criteria 1 when assessing integration, the competent authority shall take the following criteria into account:a. respect for public safety, security and order;b. respect for the values of the federal constitution;c. language skills; andd. participation in working life or efforts to acquire an education.2 due account shall be taken of the situation of persons who because of disability or illness or other important personal circumstances are unable to meet or have difficulty meeting the integration criteria referred to in paragraph 1 letters c and d.3 the federal council shall determine which language skills are required when granting or renewing a permit.art. 58b agreements and recommendations relating to integration 1 the integration agreement sets out the objectives, measures and time frame for individually agreed integration support. it also regulates financing.2 in particular, it may contain objectives for acquiring language skills, for integration at school or at work, for economic integration and for acquiring knowledge of living conditions, the economic system and the legal system in switzerland.3 if the competent authorities require the conclusion of an integration agreement, the residence permit shall not be issued or renewed until the agreement has been concluded.4 the competent authorities may issue recommendations to persons to whom article 2 paragraphs 2 and 3 and article 42 apply.chapter 9 travel documents and ban on travel81 81 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685). art. 59 issue of travel documents82 1 the sem may issue travel documents83 to foreign nationals without identification documents.2 foreign nationals are entitled to travel documents if:a. they meet refugee status in accordance with the agreement of 28 july 195184 on the legal status of refugees;b. they are recognised as stateless persons by switzerland in accordance with the treaty of 28 september 195485 on the legal status of stateless persons;c. they do not have identification documents but hold a settlement permit.3 any person who has seriously or repeatedly violated or represents a threat to public security and order in switzerland or abroad, or who represents a threat to switzerland's internal or external security, or who is subject to a legally enforceable order for expulsion from switzerland under article 66a or 66abis scc86 or article 49a or 49abis mcc87 does not have a right to travel documents.884 .895 and 6 .9082 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).83 term in accordance with no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561). this amendment has been made throughout the text.84 sr 0.142.3085 sr 0.142.4086 sr 311.087 sr 321.088 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).89 repealed by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), with effect from 1 june 2019 (as 2019 1413; bbl 2018 1685).90 inserted by art. 2 no 2 of the fd of 13 june 2008 on the approval and implementation of the exchange of notes between switzerland and the eu on biometric passports and travel documents (as 2009 5521, 2011 4033; bbl 2007 5159). repealed by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), with effect from 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 59a91 data chip 1 travel documents for foreign nationals may be furnished with a data chip. the data chip may contain a digitalised facial image, the fingerprints of the holder and further personal data, as well as details of the travel document. the data specified in article 4 paragraph 1 letter g of the federal act of 20 june 200392 on the information system on matters relating to foreign nationals and asylum may also be stored on the chip. article 2a of the federal identity documents act of 22 june 200193 (ida) applies mutatis mutandis.2 the federal council shall determine the types of travel documents for foreign nationals that will be furnished with a data chip and what data is to be stored thereon.91 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).92 sr 142.5193 sr 143.1art. 59b94 biometric data 1 the task of recording biometric data and forwarding identity card data to the issuing body may be delegated wholly or in part to third parties. article 6a ida95 applies by analogy.2 sem and the cantonal authorities responsible for dealing with applications for the issue of travel documents may process biometric data already recorded in the central migration information system (zemis) in order to issue or renew a travel document.3 the biometric data required for the issue of a travel document shall be updated every five years. the federal council may specify a shorter period for the updating of data if this is required due to changes in the facial features of the person concerned.94 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).95 sr 143.1art. 59c96 travel ban for refugees 1 refugees are forbidden to travel to their native country or country of origin. if there is a justified suspicion that this ban on travel will be disregarded, sem may ban all refugees from the native country or country of origin concerned from travelling to other states, and in particular to states neighbouring their native country or country of origin. 2 sem may authorise a person to travel to a state subject to a travel ban in accordance with paragraph 1 second sentence if there is good cause for doing so.96 inserted by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).chapter 10 end of the period of stay section 1 return and reintegration assistance art. 60 1 the confederation may facilitate the independent and proper exit of foreign nationals by providing return and reintegration assistance.2 the following persons may claim return and reintegration assistance:a. persons who left their native country or country of origin due to a serious general danger, in particular due to war, civil war, or a situation of general violence or were unable to return there for the duration of the danger, provided their residency was regulated in accordance with this act and they have been required to leave switzerland;b. persons covered by article 30 paragraph 1 letters d and e;c.97 temporarily admitted persons who have left switzerland of their own volition or whose temporary admission has been revoked in accordance with article 84 paragraph 2.3 return and reintegration assistance includes:a. return counselling in accordance with article 93 paragraph 1 letter a asyla98;abis. access to projects in switzerland aiming to preserve the ability to return in accordance with article 93 paragraph 1 letter b asyla;b. participation in projects in the native country, country of origin or third country that facilitate return and reintegration in accordance with article 93 paragraph 1 letter c asyla;c. financial support in individual cases to facilitate integration or to provide medical care in the native country, country of origin or third country in accordance with article 93 paragraph 1 letter d asyla.994 the federal council shall regulate the requirements and the procedure regarding the payment and accounting of the contributions.97 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).98 sr 142.3199 amended by no iv 2 of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 3709).section 2 expiry and revocation of permits and expiry of right of residence100 100 amended by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).art. 61 expiry of permits 1 a permit expires:a. on notice of departure abroad;b. on the grant of a permit in another canton;c. on the expiry of the term of validity of the permit;d. on expulsion in terms of article 68;e.101 on the holder becoming subject to a legally enforceable order for expulsion from switzerland under article 66a scc102 or article 49a mcc103;f.104 on the enforcement of an order for expulsion from switzerland under article 66abis scc or 49abis mcc.2 if a foreign national leaves switzerland without giving notice of departure, a short stay permit expires after three months, and a residence or settlement permit after six months. on request, a settlement permit may remain valid for a further four years.101 inserted by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences (as 2016 2329; bbl 2013 5975). amended by no iv 3 of the fa of 19 june 2015 (amendment to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).102 sr 311.0103 sr 321.0104 inserted by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 61a105 expiry of the right of residence of eu and efta citizens 1 the right of residence of citizens of eu and efta member states with a short-stay permit shall expire six months after the involuntary termination of their employment. the right of residence of citizens of eu and efta member states with a residence permit shall expire six months after the involuntary termination of their employment if employment ends within the first twelve months of their residence.2 if unemployment benefit continues to be paid on expiry of the six-month period in accordance with paragraph 1, the right of residence expires when the benefit is no longer paid.3 there is no right to social assistance in the period from the termination of employment until the expiry of the right of residence in accordance with paragraphs 1 and 2.4 in the event of involuntary termination of employment following the first twelve months of residence, the right of residence of citizens of eu and efta member states with a residence permit expires six months after the termination of their employment. if unemployment benefit continues to be paid on expiry of this six-month period, the right of residence expires six months after the benefit is no longer paid.5 paragraphs 1-4 do not apply in the event of termination of employment due to temporary unfitness for work because of illness, accident or invalidity, nor in the case of persons who hold a right to remain under the agreement of 21 june 1999106 on freedom of movement (afmp) between the swiss confederation on the one hand and the european community and their member states on the other or under the convention of 4 january 1960107 establishing the european free trade association (efta convention).105 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).106 sr 0.142.112.681107 sr 0.632.31art. 62108 revocation of permits and other rulings 1 the competent authority may revoke permits, with the exception of a settlement permit, and other rulings under this act if the foreign national:a. or their representative in the permit procedure makes false statements or conceals material facts;b. has been given a long custodial sentence or has been made subject to a criminal measure in terms of articles 59-61 or 64 of the scc109;c. has seriously or repeatedly violated or represents a threat to public security and order in switzerland or abroad or represents a threat to internal or external security;d. fails to fulfil an obligation linked to the decision;e. or a person they must care for is dependent on social assistance;f.110 has attempted to obtain swiss citizenship unlawfully or his or her swiss citizenship has been revoked based on a legally binding ruling issued in connection with a declaration of nullity under article 36 of the swiss citizenship act of 20 june 2014111;g.112 does not comply with an integration agreement without due cause.2 revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from switzerland.108 amended by no iv 3 of the fa of 19 june 2015 (amendment to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).109 sr 311.0110 inserted by annex no ii 1 of the swiss citizenship act of 20 june 2014, in force since 1 jan. 2018 (as 2016 2561; bbl 2011 2825).111 sr 141.0112 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821). correction by the fa drafting committee of 10 aug. 2018, published on 18 sept. 2018 (as 2018 3213).art. 63 revocation of a settlement permit 1 a settlement permit may be revoked only if:a.113 the requirements of article 62 paragraph 1 letter a or b are fulfilled;b. the foreign national has seriously violated or represents a threat to public security and order in switzerland or abroad or represents a threat to internal or external security;c. the foreign national or a person they must care for is dependent permanently and to a large extent on social assistance;d.114 the foreign national has attempted to obtain swiss citizenship unlawfully or his or her swiss citizenship has been revoked based on a legally binding ruling issued in connection with a declaration of nullity under article 36 of the swiss citizenship act of 20 june 2014115;e.116 .2 a settlement permit may be revoked and replaced by a residence permit if the residence criteria referred to in article 58a have not been met.1173 revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from switzerland.118113 amended by no iv 3 of the fa of 19 june 2015 (amendment to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).114 inserted by annex no ii 1 of the swiss citizenship act of 20 june 2014, in force since 1 jan. 2018 (as 2016 2561; bbl 2011 2825).115 sr 141.0116 originally: let. d. repealed by no iv 3 of the fa of 19 june 2015 (amendment to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).117 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).118 inserted by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).section 3 procedures to remove and keep people away art. 64119 removal order 1 the competent authorities shall issue an ordinary removal order if:a. a foreign national does not possess a required permit;b. a foreign national does not fulfil or no longer fulfils the entry requirements (art. 5);c. a foreign national is refused a permit, or the permit is revoked or not extended following a permitted period of stay.2 where foreign nationals who are illegally resident in switzerland hold a valid residence document for another state that is bound by one of the schengen-association agreements120 (a schengen state), they must be requested without any formal procedure to proceed immediately to that state. if they fail to comply with this request, an order in accordance with paragraph 1 must be issued. if immediate departure is required on grounds of public security and order or internal or external security, an order must be issued without a prior request to leave.3 an appeal against orders under paragraph 1 letters a and b must be filed within five working days of notification of the order. the appeal does not have suspensive effect. the appellate authority shall decide within ten days on whether suspensive effect will apply.4 the competent cantonal authorities shall immediately appoint a representative for any unaccompanied minor foreign national to safeguard the minor's interests during the removal proceedings.5 the federal council shall determine the role, responsibilities and duties of the representative mentioned in paragraph 4.121119 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).120 these agreements are listed in annex 1 no 1.121 inserted by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).art. 64a122 removal under the dublin association agreements 1 if a different state that is bound by one of the dublin association agreements (para. 4) is responsible for conducting an asylum procedure on the basis of regulation (ec) no. 604/2013123 (dublin state), the sem shall issue a removal order against a person who is residing illegally in switzerland.1242 an appeal must be filed within five working days of notification of the order. the appeal does not have suspensive effect. the foreign national may apply for the order to be suspended within the deadline for filing the appeal. the federal administrative court shall decide on the matter within five days of receipt of the application. if the removal order is not suspended within this period, it may be enforced.3 the canton of residence of the foreign national concerned is responsible for the enforcement of the removal order and, if necessary, for the payment and funding of social and emergency assistance.3bis in the case of unaccompanied minors, article 64 paragraph 4 applies.1254 the dublin association agreements are listed in annex 1 no. 2.122 inserted by no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937). amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).123 council regulation (ec) no 604/2013 of 26 june 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national; (new version), amended by oj l 180 of 29.6.2013, p. 31.124 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).125 inserted by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).art. 64b126 removal order on standard form where a person has entered switzerland illegally, they are notified of the removal order by means of a standard form.126 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 64c127 removal without formal procedure 1 foreign nationals shall be removed without being subjected to any formal procedure if:a. they are being readmitted by belgium, germany, estonia, france, italy, latvia, lithuania, luxembourg, the netherlands, norway, austria, poland, sweden, slovakia, slovenia, spain or hungary on the basis of a readmission agreement;b.128 they have been refused entry previously in accordance with article 14 of the schengen borders code129.2 if requested immediately by the person concerned, an order shall be issued on a standard form (art. 64b).127 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).128 amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).129 see footnote to art. 7 para. 3.art. 64d130 departure deadline and immediate enforcement 1 on issuing the removal order, an appropriate departure deadline of between seven and thirty days must be set. a longer period must be set or the departure deadline extended if special circumstances such as the family situation, health problems or a long period of stay so require.2 the removal order must be enforced immediately or a departure deadline of less than seven days may be set where:a. the person concerned represents a threat to public security and order or represents a threat to internal or external security;b. specific indications lead to the belief that the person concerned intends to evade deportation;c. an application for a permit is refused on the basis that it is clearly unjustified or an abuse of procedure;d. the person concerned is being readmitted by a state under article 64c paragraph 1 letter a on the basis of a readmission agreement;e.131 the person concerned was previously refused entry in accordance with article 14 of the schengen borders code132 (art. 64c para. 1 let. b);f. the person concerned is being removed under the dublin association agreements (art. 64a).3 the following specific indications in particular lead to the belief that a person intends to evade deportation:a. the person fails to cooperate in accordance with article 90.b. the person's previous conduct leads to the conclusion that they wish to defy official orders.c. the person enters swiss territory despite a ban on entry.133130 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).131 amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).132 see footnote to art. 7 para. 3.133 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 64e134 obligations on giving notice of a removal order on giving notice of a removal order, the competent authority may require the foreign national concerned:a. to report to an authority regularly;b. to provide appropriate financial security;c. to hand in travel documents.134 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 64f135 translation of the removal order 1 the competent authority shall ensure that, if requested, the removal order is translated in writing or verbally into a language understood by the person concerned or which he or she may be assumed to understand.2 if notice is given of the removal order by means of a standard form under article 64b, no translation is made. the person concerned shall be provided with an information sheet with an explanation of the removal order.135 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 65136 refusal of entry and removal at the airport 1 if entry is refused at the border control at the airport, the foreign national must leave switzerland immediately.2 the authority responsible for the border control shall on sem's behalf issue a reasoned and appealable decision within 48 hours on a form in accordance with annex v part b of the schengen borders code137. a written objection may be filed with sem against this decision within 48 hours of notification thereof. the objection does not have suspensive effect. sem shall decide on the objection within 48 hours.138 2bis an appeal may be filed against sem's objection decision within 48 hours of notification thereof. the appeal does not have suspensive effect. the appellate authority shall decide on the appeal within 72 hours.1393 persons subject to a removal order are permitted to remain in the airport international transit zone for a maximum of 15 days in order to prepare for their onward journey, provided deportation (article 69) or detention pending deportation or coercive detention (art. 76, 77 and 78) is not ordered. the provisions on temporary admission (article 83) and on the filing of an asylum application (article 22 asyla140) are reserved.141136 amended by art. 2 of the fd of 13 june 2008 on the approval and the implementation of the exchange of notes between switzerland and the european community on the acceptance of the schengen borders code, in force since 12 dec. 2008 (as 2008 5629 5405 art. 2 let. b; bbl 2007 7937).137 regulation (eu) 2016/399 of the european parliament and of the council of 9 march 2016 establishing a community code on the rules governing the movement of persons across borders (schengen borders code), oj. l 77 of 23.3.2016, p. 1; last amended by regulation (eu) 2017/458, oj. l 74 of 18.03.2017, p. 1.138 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).139 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).140 sr 142.31141 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 66142 142 repealed by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), with effect from 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 67143 ban on entry 1 the sem shall, subject to paragraph 5, order a ban on entry against foreign nationals who have been issued with a removal order if:a. the removal order is enforced immediately in accordance with article 64d paragraph 2 letters a-c;b. the person does not leave by the deadline set.2 it144 may order a ban on entry against foreign nationals who:a. have violated or represent a threat to public security and order in switzerland or abroad;b. have incurred social assistance costs;c. have had to be taken into detention in preparation for departure or pending deportation or have been placed in coercive detention (art. 75-78).3 the ban on entry shall be ordered for a maximum duration of five years. it may be ordered for a longer period if the person concerned represents a serious risk to public security or order.4 the federal office of police (fedpol) may order a ban on the entry of any foreign national in order to safeguard switzerland's internal or external security; it shall consult the federal intelligence service (fis) beforehand. fedpol may order a ban on entry for a period of more than five years or in serious cases for an unlimited period.5 the authority issuing the ban on entry may by way of exception refrain from imposing a ban on entry on humanitarian grounds or for other good cause or revoke the ban permanently or temporarily. in reaching its decision, the authority must in particular consider whether grounds for issuing the ban on entry and the need to protect public security and order and to safeguard switzerland's internal or external security outweigh the private interests of the person concerned in not being subject to the ban.145143 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).144 term in accordance with no i 1 para. 1 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).145 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 68 expulsion 1 fedpol may order the expulsion of a foreign national in order to safeguard the internal or the external security of switzerland; it shall consult the fis beforehand.1462 in cases of expulsion, an appropriate departure deadline must be set.3 an expulsion order shall be combined with a limited or unlimited ban on entry. the authority issuing the order may temporarily revoke the ban on entry for good cause.4 if the person concerned has seriously or repeatedly violated or represents a threat to public security and order or represents a threat to internal or external security, expulsion may be enforced immediately.146 amended by no i 2 of the o of 12 dec. 2008 on the amendment of statutory provisions due to the transfer of the intelligence units of the service for analysis and prevention to the ddps, in force since 1 jan. 2009 (as 2008 6261).art. 68a147 alert in the schengen information system 1 and 2 .3 the sem may supply biometric data to the sis that is already available in the automated fingerprint identification system under article 354 scc (afis) or in zemis. the supply of data may be automated.4 .5 in connection with its alerts, fedpol may supply supply biometric data to the sis that is already available in the afis. the supply of data may be automated. if no biometric data are available, fedpol may order the retroactive recording of the data from the authorities that detect a hit on these alerts.6 .147 inserted by annex 1 no 1 of the fedd of 18 dec. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime (sis), para 3 and 5 in force since 1 july 2021 (as 2021 365; bbl 2020 3465).section 4 deportation and international return interventions148 148 amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155). art. 69 ordering deportation 1 the competent cantonal authority shall deport foreign nationals if:a. they fail to comply with the departure deadline;b. if their removal or expulsion may be enforced immediately;c.149 they are being held in detention in accordance with articles 76 and 77 and a legally binding expulsion or removal order or a legally binding decision on expulsion under article 66a or 66abis scc150 or article 49a or 49abis mcc151 has been issued.2 in the case of foreign nationals who are able to travel lawfully to more than one state, the competent authority may deport them to the country of their choice.3 the competent authority may postpone deportation for an appropriate period if special circumstances such as the ill-health of the person concerned or a lack of transport so require. the competent authority shall confirm the postponement of deportation to the person concerned in writing.1524 the competent authority shall ensure before the deportation of unaccompanied foreign minors that he or she will be returned in the state of return to a family member, a nominated guardian or reception facilities that guarantee the protection of the child.153149 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).150 sr 311.0151 sr 321.0152 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).153 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 70 search 1 during expulsion or removal proceedings, the competent cantonal authority may arrange for the person concerned as well as the belongings they are carrying to be searched in order to seize travel and identity documents. the search may be conducted only by a person of the same sex.2 if the court of first instance has issued a decision, the judicial authority may order a search of a dwelling or of other premises if it is suspected that a person subject to a removal or expulsion order may be hiding there, or that travel and identity documents required for the procedure and enforcement are hidden there.154154 amended by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 71 federal support for the implementation authorities the federal department of justice and police (fdjp) shall support the cantons responsible for enforcing the removal or the expulsion of foreign nationals or the enforcement of an order for expulsion from switzerland under article 66a or 66abis scc155 or article 49a or 49abis mcc156, in particular by:157a. assisting in obtaining travel documents;b. making travel arrangements;c.158 ensuring cooperation between the cantons concerned and the fdfa.155 sr 311.0156 sr 321.0157 amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).158 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 71a159 international return interventions 1 the sem and the cantons shall work together in the case of international return interventions on the basis of regulation (eu) 2016/1624160.2 the fdjp may enter into agreements with the competent european union agency for the surveillance of the schengen external borders with regard to the deployment of personnel from the sem and the cantons in connection with international return interventions and the deployment of third parties to monitor returns.3 the fdjp shall enter into an agreement with the cantons on the modalities of the deployment of personnel.159 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec-return directive (directive 2008/115/eg) (as 2010 5925; bbl 2009 8881). amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).160 regulation (eu) 2016/1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and amending regulation (eu) 2016/399 of the european parliament and of the council and repealing regulation (ec) no 863/2007 of the european parliament and of the council, council regulation (ec) no 2007/2004 and council decision 2005/267/ec, amended by oj. l 251 of 16.9.2016, p.1.art. 71abis 161 supervision of deportation procedures and international return interventions 1 the federal council shall regulate the procedure and the responsibilities for supervising deportation procedures and international return interventions.2 it may delegate tasks relating to the supervision of deportation procedures and international return interventions to third parties.161 inserted by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).art. 71b162 disclosure of medical data for the assessment of fitness to travel 1 the attending medical professional shall on request disclose the medical data required to assess the fitness to travel of persons subject to a legally binding removal or expulsion order to the following authorities insofar as these authorities require the data to fulfil their statutory duties:a. the cantonal authorities responsible for removal or expulsion;b. employees of the sem who are responsible for the centralised organisation and coordination of the compulsory execution of removal and expulsion orders;c. the medical professionals responsible on behalf of the sem for medical supervision on execution of removal and expulsion orders at the time of departure.2 the federal council regulates the retention and deletion of the data.162 inserted by annex no 1 of the fa of 25 sept. 2015, in force since 1 jan. 2018 (as 2016 3101, 2017 6171; bbl 2014 7991).art. 72163 covid-19 test on deportation 1 in order to ensure the enforcement of removal or expulsion or expulsion from switzerland under article 66a or 66abis scc164 or article 49a or 49abis mcc165, foreign nationals are required to undergo a covid-19 test if this is necessary in order to comply with the entry requirements of the person's native country or country of origin or of the competent dublin state or the requirements of the airline concerned.2 the competent authorites shall inform the person concerned in advance about this requirement and about the possibility of the compulsory conduct of tests under paragraph 3.3 if the person concerned refuses to undergo a covid-19 test, the competent authorities for the enforcement of removal or expulsion or expulsion from switzerland may conduct the test against the person's will, unless deportation can be enforced by other less stringent means. while conducting the test, no force may be used that could endanger the health of the person concerned. the compulsory conduct of covid-19 tests is not permitted in the case of children and young persons under the age of 15.4 the covid-19 tests shall be conducted by medical personnel who have been specifically trained for the purpose. they shall use the least invasive form of test suitable for the person concerned. if the personnel take the view that conducting the test could harm the health of the person concerned, they shall not conduct the test. 163 amended by no i of the fa of 1 oct. 2021, in force since 2 oct. 2021 till 31 dec. 2022 (as 2021 587; bbl 2021 1901).164 sr 311.0165 sr 321.0section 5 coercive measures art. 73 temporary detention 1 the competent authority of the confederation or the canton may detain persons who do not hold a short stay, residence or settlement permit:a. to notify them of a decision in connection with their residence status;b. to determine their identity or nationality, as far as their personal cooperation is required.2 the person may be detained only for the duration of the required cooperation or questioning and the required transport if necessary, and for a maximum of three days.3 if a person is detained, they must:a. be informed of the reason for their detention;b. be permitted to contact the persons guarding them if they require help.4 if detention is expected last longer than 24 hours, the person concerned shall be given the opportunity beforehand to attend to or have someone else attend to urgent personal matters.5 on request, the competent judicial authority must review the legality of the detention.6 the duration of detention shall not be deducted from the duration of any detention pending deportation, in preparation for departure, or coercive detention.art. 74 restriction and exclusion orders 1 the competent cantonal authority may require a person not to leave the area they were allocated to or not to enter a specific area if:a. they do not hold a short stay, residence or settlement permit and they disrupt or represent a threat to public security and order; this measure serves in particular to combat illegal drug trafficking; orb.166 they are subject to a legally binding expulsion or removal order and specific indications lead to the belief that the person concerned will not leave before the departure deadline or has failed to observe the departure deadline.c.167 deportation has been postponed (art. 69 para. 3).1bis the competent cantonal authority shall require a person who is accommodated in a special centre under article 24a asyla168 not to leave the area they were allocated to or not to enter a specific area.1692 these measures shall be ordered by the authority of the canton that is responsible for the implementation of removal or expulsion. in the case of persons staying in federal centres, the canton where the centre is located is responsible. the prohibition from entering a specific area may also be issued by the authority of the canton where this area is located.1703 appeals may be lodged with a cantonal judicial authority against the ordering of these measures. the appeal has no suspensive effect.166 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).167 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).168 sr 142.31169 inserted by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).170 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 75 detention in preparation for departure 1 to facilitate the conduct of removal proceedings or criminal proceedings in which the potential penalty includes an order for expulsion from switzerland under article 66a or 66abis scc171 or article 49a or 49abis mcc172, the competent cantonal authority may detain a person who does not hold a short stay, residence or settlement permit while preparing to decide on that person's residence status for a maximum of six months if they:173a.174 refuse during asylum proceedings, removal proceedings or or criminal proceedings in which the potential penalty includes an order for expulsion from switzerland under article 66a or 66abis scc or article 49a or 49abis mcc to disclose their identity, submit several applications for asylum using various identities or repeatedly fail to comply with a summons without sufficient reason or ignore other instructions issued by the authorities in the asylum procedure;b. leave an area allocated to them in accordance with article 74 or enter an area from which they are excluded;c. enter swiss territory despite a ban on entry and cannot be immediately removed;d. were removed and submitted an application for asylum following a legally binding revocation (art. 62 and 63) or a non-renewal of the permit due to violation of or representing a threat to the public security and order or due to representing a threat to internal or external security;e. submit an application for asylum after expulsion (art. 68);f. stay unlawfully in switzerland and submit an application for asylum with the obvious intention of avoiding the imminent enforcement of a removal or expulsion order; such an intention shall be suspected if it were possible and reasonable to file the asylum application earlier and if the application is submitted in close chronological relation to detention, criminal proceedings, the implementation of a penalty or the issue of a removal order;g. seriously threaten other persons or considerably endanger the life and limb of other persons and are therefore being prosecuted or have been convicted;h. have been convicted of a felony.1bis .1752 the competent authority shall decide on the residence status of the person held in detention without delay.171 sr 311.0172 sr 321.0173 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).174 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).175 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec) (as 2010 5925; bbl 2009 8881). repealed by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), with effect from 1 july 2015 (as 2015 1841; bbl 2014 2675)art. 76 detention pending deportation 1 if the court of first instance has issued an expulsion or removal order or an order for expulsion from switzerland under article 66a or 66abis scc176 or article 49a or 49abis mcc177, the competent authority may ensure the enforcement of the decision by:178a. leaving the person concerned in detention if, based on article 75, they are already in detention;b. detaining the person concerned if:1.179 there are grounds for doing so in terms of article 75 paragraph 1 letters a, b, c, f, g or h, 2.180 .3.181 specific indications lead to the belief that they are seeking to evade deportation, in particular because they fail to comply with the obligation to cooperate in accordance with article 90 of this act as well as article 8 paragraph 1 letter a or paragraph 4 asyla182,4. their previous conduct leads to the conclusion that they will refuse to comply with official instructions,5.183 the decision to remove the person concerned is issued in a federal centre and enforcement of the removal is imminent.6.184 .1bis the detention order in dublin cases is governed by article 76a.1852 detention in terms of paragraph 1 letter b number 5 may last a maximum of 30 days.1863 the days in detention count towards the maximum duration in terms of article 79.1874 the required arrangements for the enforcement of the removal, expulsion or the order for expulsion from switzerland under article 66a or 66abis scc or article 49a or 49abis mcc must be taken without delay.188176 sr 311.0177 sr 321.0178 amended by no iv 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).179 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).180 repealed by annex no 1 of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).181 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).182 sr 142.31183 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).184 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec) (as 2010 5925; bbl 2009 8881). repealed by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), with effect from 1 july 2015 (as 2015 1841; bbl 2014 2675).185 inserted by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).186 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).187 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).188 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 76a189 detention under the dublin procedure 1 the competent authority may order the detention of the foreign national concerned to ensure removal to the dublin state responsible for the asylum proceedings, if in the case concerned:a. there are specific indications that the person intends to evade removal; b. detention is proportional; and c. less coercive alternative measures cannot be applied effectively (art. 28 para. 2 der regulation [eu] no 604/2013190).2 the following specific indications suggest that the person concerned intends to evade removal:a. the person concerned disregards official orders in the asylum or removal proceedings, in particular by refusing to disclose their identity, thus failing to comply with their duty to cooperate under article 8 paragraph 1 letter a asyla191 or by repeatedly failing to comply with a summons without sufficient excuse.b. their conduct in switzerland or abroad leads to the conclusion that they wish to defy official orders.c. they submit two or more asylum applications under different identities.d. they leave the area that they are allocated to or enter an area from which they are excluded under article 74.e. they enter swiss territory despite a ban on entry and cannot be removed immediately.f. they stay unlawfully in switzerland and submit an application for asylum with the obvious intention of avoiding the imminent enforcement of removal.g. they seriously threaten other persons or considerably endanger the life and limb of other persons and are therefore being prosecuted or have been convicted.h. they have been convicted of a felony.i. they deny to the competent authority that they hold or have held a residence document and/or a visa in a dublin state or have submitted an asylum application there.3 the person concerned may remain or be placed in detention from the date of the detention order for a maximum duration of:a. seven weeks while preparing the decision on responsibility for the asylum application; this includes submitting the request to take charge to the other dublin state, waiting for the response or tacit acceptance, and drafting and giving notice of the decision;b. five weeks during proceedings under article 5 of regulation (ec) no 1560/2003192;c. six weeks to ensure enforcement from notice being given of the removal or expulsion decision or the date on which the suspensive effect of any appeal against a first instance decision on removal or expulsion ceases to apply and the transfer of the person concerned to the competent dublin state.4 if a person refuses to board the means of transport being used to effect the transfer to the competent dublin state, or if they prevent the transfer in any other way through their personal conduct, they may, in order to guarantee the transfer, be placed in detention if a detention order under paragraph 3 letter c is no longer possible and a less restrictive measure will not achieve a satisfactory result. the person may be detained until transfer is again possible, but no longer than six weeks. the period of detention may be extended with the consent of a judicial authority if the person concerned remains unprepared to modify their conduct. the maximum duration of this period of detention is three months.5 the days in detention count towards the maximum duration in terms of article 79.189 inserted by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).190 see footnote to art. 64a para. 1.191 sr 142.31192 commission regulation (ec) no 1560/2003 of 2 sept. 2003 laying down detailed rules for the application of council regulation (ec) no 343/2003 establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national, oj l 222 of 5.9.2003, p. 3.art. 77 detention pending deportation due to lack of cooperation in obtaining travel documents 1 the competent cantonal authority may detain a person to ensure the enforcement of their removal or expulsion if:a. an enforceable decision has been made; b. they have not left switzerland by the appointed deadline; andc. the cantonal authority has had to obtain travel documents for this person.2 detention may last a maximum of 60 days.3 the required arrangements for the enforcement of the removal or expulsion must be made without delay.art. 78 coercive detention 1 if a person does not fulfil their obligation to leave switzerland by the appointed deadline and if the legally enforceable removal or expulsion order or legally enforceable order for expulsion from switzerland under article 66a or 66abis scc193 or article 49a or 49abis mcc194 cannot be enforced due to their personal conduct, they may be detained to ensure the obligation to leave switzerland is complied with, provided it is not permitted to order detention pending deportation and a more lenient measure would lead to the goal.1952 detention may be ordered for one month. it may, however, be extended by two months with consent of the cantonal judicial authority if the person concerned remains unwilling to change their conduct and leave the country. article 79 remains reserved.1963 detention and its extension are ordered by the authorities of the canton which is responsible for enforcing the removal or expulsion order. if the person concerned is already in detention based on articles 75, 76 or 77, they may be left in detention if the requirements of paragraph 1 are fulfilled.1974 the first-time detention order must be reviewed at the latest after 96 hours by a judicial authority on the basis of an oral hearing. at the request of the detainee, the extension of detention must be reviewed by the judicial authority within eight working days on the basis of an oral hearing. the power of review is governed by article 80 paragraphs 2 and 4.5 the conditions of detention are governed by article 81.6 the detention order is revoked if:a. the person concerned is unable to leave switzerland independently and in the proper manner, even though they have fulfilled the obligations to cooperate specified by the authorities;b. they leave switzerland as ordered;c. detention pending deportation is ordered;d. a request for release from detention is granted.193 sr 311.0194 sr 321.0195 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).196 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).197 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).art. 79198 maximum term of detention 1 detention in preparation for departure, detention pending deportation in accordance with articles 75-77 and coercive detention in accordance with article 78 must not together exceed the maximum term of detention of six months. 2 the maximum term of detention may be extended with the consent of the cantonal judicial authority for a specific period, but in no case for more than twelve months and in the case of minors aged between 15 and 18, by a maximum of six months where:a. the person concerned fails to cooperate with the competent authority;b. the provision of the documents required for departure by a state that is not a schengen state is delayed. 198 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 80 detention order and detention review 1 detention shall be ordered by the authorities of the canton responsible for enforcing the removal or expulsion order. in the case of persons staying in federal centres, the canton where the centre is located is responsible for ordering detention in preparation for departure. in cases covered by article 76 paragraph 1 letter b number 5, detention shall be ordered by the canton where the centre is located.1991bis in cases under article 76 paragraph 1 letter b number 5, detention is ordered by the canton in which the the federal centres are located; if in accordance with article 46 paragraph 1bis third sentence asyla200 a canton other than the canton where the centres are located is responsible for executing removal, that canton is also responsible for ordering detention.2012 the legality and the appropriateness of detention must be reviewed at the latest within 96 hours by a judicial authority on the basis of an oral hearing. if detention pending deportation has been ordered in accordance with article 77, the detention review procedure shall be carried out in writing.2022bis in the case of detention under article 76 paragraph 1 letter b number 6, the legality and the appropriateness of detention shall be reviewed at the request of the detainee by a judicial authority in a written procedure. this review may be requested at any time.2033 the judicial authority may dispense with an oral hearing if deportation is anticipated within eight days of the detention order and the person concerned has expressed their consent in writing. if deportation cannot be carried out by this deadline, an oral hearing must be scheduled at the latest twelve days after the detention order.4 when reviewing the decision to issue, extend or revoke a detention order, the judicial authority shall also take account of the detainee's family circumstances and the circumstances behind the enforcement of detention. in no event may any detention order in preparation for departure, detention pending deportation or coercive detention be issued in respect of children or young people who have not yet attained the age of 15.2045 the detainee may submit a request for release from detention one month after the detention review. the judicial authority must issue a decision on the request on the basis of an oral hearing within eight working days. a further request for release in the case of detention in accordance with article 75 may be submitted after one month or in the case of detention in accordance with article 76, after two months.6 the detention order shall be revoked if:a. the reason for detention ceases to apply or the removal or expulsion order proves to be unenforceable for legal or practical reasons;b. a request for release from detention is granted;c. the detainee becomes subject to a custodial sentence or measure.199 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).200 sr 142.31201 inserted by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).202 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).203 inserted by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec) (as 2010 5925; bbl 2009 8881). amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).204 second sentence amended by no i of the fa of 26 sept. 2014, in force since 1 march 2015 (as 2015 533; bbl 2014 3373).art. 80a205 detention order and detention review under the dublin procedure 1 the following authorities are responsible for issuing detention orders under article 76a:a.206 in the case of persons accommodated in a federal centre: the canton responsible for enforcing removal under article 46 paragraph 1bis third sentence asyla207, and in other cases the canton in which the federal centre is located;b. in the case of persons that have been allocated to a canton or resident in a canton who have not submitted an asylum application (art. 64a): the canton concerned.2 .2083 the legality and appropriateness of detention shall be reviewed at the request of the detainee by a judicial authority in a written procedure. this review may be requested at any time.2094 the detainee may apply for release from detention at any time. the judicial authority must decide on the application within eight working days in a written procedure.5 the detention of children and young persons under 15 years of age is not permitted.6 in the case of a detention order in respect of an unaccompanied minor seeking asylum, the representative under article 64a paragraph 3bis of this act or under article 17 paragraph 3 asyla will be informed in advance.7 the detention order shall be revoked if:a. the reason for detention ceases to apply or the removal or expulsion order proves to be unenforceable for legal or practical reasons;b. a request for release from detention is granted;c. the detainee becomes subject to a custodial sentence or measure.8 when reviewing the decision to issue, extend or revoke a detention order, the judicial authority shall also take account of the detainee's family circumstances and the circumstances behind the enforcement of detention.205 inserted by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).206 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).207 sr 142.31208 repealed by annex no 1 of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).209 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 81210 conditions of detention 1 the cantons shall ensure that a person in switzerland designated by the detainee is notified. detainees may communicate with their legal representatives as well as with their family members and consular authorities both verbally and in writing.2 detention shall take place in detention facilities intended for the enforcement of preparatory detention, detention pending deportation and coercive detention. if this not possible in exceptional cases, in particular because of insufficient capacity, detained foreign nationals must be accommodated separately from persons in pre-trial detention or who are serving a sentence.2113 the needs of vulnerable persons, unaccompanied minors and families with minor children must be taken into account in the detention arrangements.212 4 the detention arrangements are otherwise governed by:a. article 16 paragraph 3 and 17 of directive 2008/115/ec213 for returns to a third country;b. article 28 paragraph 4 of regulation (eu) no 604/2013214 for dublin transfers;c.215 in accordance with article 37 of the convention of 20 november 1989216 on the rights of the child.217210 amended by art. 2 no 1 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).211 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).212 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).213 directive 2008/115/ec of the european parliament and of the council of 16 dec. 2008 on common standards and procedures in member states for returning illegally staying third-country nationals, amended by oj l 348 of 24.12.2008, p. 98.214 see footnote to art. 64a para. 1.215 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).216 sr 0.107217 inserted by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).art. 82218 funding by the confederation 1 the confederation may wholly or partially finance the construction or establishment of cantonal detention centres that are used exclusively for detaining persons in preparation for departure or pending deportation, or placing persons in coercive detention or for short-term detention and which are of a certain size. the calculation of contributions and the procedure are governed mutatis mutandis by sections 2 and 6 of the federal act of 5 october 1984219 on federal subsidies for the execution of sentences and measures.2 the confederation shall contribute to the cantons' operating costs for detaining persons in preparation for departure or pending deportation, or placing persons in coercive detention by making a flat-rate daily payment. the flat-rate payment shall be made in the case of:a. asylum seekers;b. refugees and other foreign nationals who are detained in connection with the revocation of temporary admission;c. foreign nationals whose detention has been ordered by the sem in connection with a removal order;d. refugees who are expelled in accordance with article 65 asyla220.218 amended by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).219 sr 341220 sr 142.31chapter 11 temporary admission art. 83 order for temporary admission 1 if the enforcement of removal or expulsion is not possible, not permitted or not reasonable, the sem shall order temporary admission.2 enforcement is not possible if the foreign national is unable to travel or be brought either to their native country or to their country of origin or a third country.3 enforcement is not permitted if switzerland's obligations under international law prevent the foreign national from making an onward journey to their native country, to their country of origin or to a third country.4 enforcement may be unreasonable for foreign nationals if they are specifically endangered by situations such as war, civil war, general violence and medical emergency in their native country or country of origin.5 the federal council shall designate native countries or countries of origin or areas of these countries to which return is reasonable. if foreign nationals being removed or expelled come from one of these countries or from a member state of the eu or efta, enforcement of removal or expulsion is reasonable.2215bis the federal council shall periodically review the decision under paragraph 5.2226 temporary admission may be requested by the cantonal authorities.7 temporary admission shall not be ordered in terms of paragraphs 2 and 4 if the person removed or expelled:a.223 has been sentenced to a long-term custodial sentence in switzerland or abroad or has been made subject to a criminal law measure in terms of article 59-61 or 64 of the scc224;b. has seriously or repeatedly violated or represented a threat to public security and order in switzerland or abroad or represented a threat to internal or the external security; orc. has made their removal or expulsion impossible due to their own conduct.8 refugees for whom there are reasons for refusing asylum in accordance with articles 53 and 54 asyla225 shall be granted temporary admission.9 temporary admission shall not be granted or shall expire if an order for expulsion from switzerland under article 66a or 66abis scc or article 49a or 49abis mcc226 becomes legally enforceable.22710 the cantonal authorities may conclude integration agreements with temporarily admitted persons if there is a special need for integration in accordance with the criteria set out in article 58a.228221 amended by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). see also the transitional provision to this amendment at the end of the text.222 inserted by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). see also the transitional provision to this amendment at the end of the text.223 amended by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).224 sr 311.0225 sr 142.31226 sr 321.0227 inserted by annex no i of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).228 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 84 termination of temporary admission 1 the sem periodically examines whether the requirements for temporary admission are still met.2 the sem shall revoke temporary admission and order the enforcement of removal or expulsion if the requirements no longer met.3 at the request of the cantonal authorities, fedpol or the fis, the sem may revoke temporary admission due to the unreasonableness or impossibility of enforcement (art. 83 paras 2 and 4) and order the enforcement of removal if there are grounds in terms of article 83 paragraph 7.2294 temporary admission expires in the event of definitive departure, an unauthorised stay abroad of more than two months, or on the granting of a residence permit.2305 applications for a residence permit made by temporarily admitted foreign nationals who have resided in switzerland for more than five years are closely examined with regard to integration, family circumstances and the reasonableness of return to the country of origin. 229 amended by no i 2 of the ordinance of 12 dec. 2008 on the amendment of statutory provisions due to the transfer of the intelligence units of the service for analysis and prevention to the ddps, in force since 1 jan. 2009 (as 2008 6261).230 amended by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 85 regulation of temporary admission 1 the permit for temporarily admitted persons (art. 41 para. 2) is issued by the canton of residence for a maximum of twelve months for control purposes and is extended subject to the reservation of article 84.2 for the allocation of temporarily admitted persons, article 27 asyla231 applies mutatis mutandis.3 temporarily admitted persons must submit their application to move to another canton to the sem. the sem shall make a final decision subject to the reservation of paragraph 4 on the change of canton after hearing the cantons concerned.4 the decision on the change of canton may only be contested on the ground that it violates the principle of family unity.5 temporarily admitted persons are free to choose their place of residence within their current canton or the canton to which they are allocated. the cantonal authorities may allocate a place or residence or accommodation to temporarily admitted persons who are not recognised as refugees, and who are in receipt of social assistance.2326 .2337 spouses and unmarried children under 18 years of temporarily admitted persons and temporarily admitted refugees may be reunited with the temporarily admitted persons or refugees at the earliest three years after the order for temporary admission and included in that order if:a. they live with the temporarily admitted persons or refugees;b. suitable housing is available;c. the family does not depend on social assistance;d.234 they can communicate in the national language spoken at the place of residence; ande.235 the family member they are joining is not claiming annual supplementary benefits under the sba236 or would not be entitled to receive such benefits because of family reunification.7bis in order to be granted temporary, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in under paragraph 7 letter d.2377ter in the case of single children under the age of 18, the requirement set out in paragraph 7 letter d does not apply. the requirement of article 49a paragraph 2 may be also waived for good cause.2388 if, on assessing the reunification of spouses in accordance with articles 42-45, the sem has reason to believe that there are grounds under article 105 numbers 5 or 6 cc239 for the marriage to be annulled, they shall report this to the competent authority under article 106 cc. the request for the reunification of spouses is suspended until this authority makes its decision. if the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.240231 sr 142.31232 second sentence inserted by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).233 repealed by no i of the fa of 16 dec. 2016 (integration), with effect from 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).234 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).235 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).236 sr 831.30237 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).238 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).239 sr 210240 inserted by no i 1 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).art. 85a241 right to work 1 temporarily admitted persons may work anywhere in switzerland if the salary and employment conditions customary for the location, profession and sector are satisfied (art. 22).2 the employer must report the start or end of employment to the cantonal authority responsible for the place of work in advance. the report must, in particular, contain the following information: a. the identity and salary of the employed person;b. the activity carried out;c. the place of work.3 the employer must include a declaration in the report, stating that he is aware of the salary and employment conditions customary for the location, profession and sector, and that he is committed to observing them. 4 the authority referred to in paragraph 2 shall immediately send a copy of the report to the supervisory bodies responsible for verifying compliance with the salary and employment conditions. 5 the federal council shall designate the competent supervisory bodies. 6 it shall regulate the reporting procedure.241 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 86 social assistance and health insurance 1 the cantons shall regulate the terms and the payment of social assistance and emergency aid for temporarily admitted persons. the provisions of articles 80a-84 asyla242 relating to asylum seekers apply. support for temporarily admitted persons is normally provided in the form of benefits in kind. the level of support is less than that offered to persons resident in switzerland.243 1bis the same provisions on social assistance standards apply to the following persons as for refugees who have been granted asylum in switzerland:a. temporarily admitted refugees;b. refugees subject to a legally enforceable expulsion order under article 66a or 66abis scc244 or article 49a or 49abis mcc245;c. stateless persons in accordance with article 31 paragraphs 1 and 2; andd. stateless persons subject to a legally enforceable expulsion order under article 66a or 66abis scc or article 49a or 49abis mcc.2462 in relation to compulsory health insurance for temporarily admitted persons, the corresponding provisions for asylum seekers in accordance with the asyla and the federal act of 18 march 1994247 on health insurance apply.242 sr 142.31243 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).244 sr 311.0245 sr 321.0246 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).247 sr 832.10art. 87 federal subsidies 1 the confederation pays the cantons:a.248 a flat-rate payment for every temporarily admitted person in accordance with articles 88 paragraphs 1 and 2 and 89 asyla249;b.250 a flat-rate payment in accordance with articles 88 paragraph 3 and 89 asyla for every temporarily admitted refugee and every stateless person in accordance with article 31 paragraph 2;c.251 the flat-rate payment in accordance with article 88 paragraph 4 asyla for persons whose preliminary admission has been revoked in a legally binding decision, unless this payment was made previously;d.252 a flat-rate payment in accordance with articles 88 paragraph 3 and 89 asyla for every stateless person in accordance with article 31 paragraph 1 and every stateless person subject to a legally enforceable expulsion order under article 66a or 66abis scc253 or article 49a or 49abis mcc254.2 the assumption of departure costs and payment of return assistance are governed by articles 92 and 93 asyla.3 flat-rate payments in terms of paragraph 1 letters a and b are made for a maximum of seven years after entry.2554 flat-rate payments in terms of paragraph 1 letter d are made for a maximum of five years after recognition of statelessness.256248 amended by annex no i of the fa of 14 dec. 2012, in force since 1 jan. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).249 sr 142.31250 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 jan. 2018 (as 2016 3101, 2017 6171; bbl 2014 7991).251 inserted by no iv 2 of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 3709).252 inserted by annex no 1 of the fa of 25 sept. 2015 (as 2016 3101, 2017 6171; bbl 2014 7991). amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685)253 sr 311.0254 sr 321.0255 amended by annex no 1 of the fa of 25 sept. 2015, in force since 1 jan. 2018 (as 2016 3101, 2017 6171; bbl 2014 7991).256 inserted by annex no 1 of the fa of 25 sept. 2015, in force since 1 jan. 2018 (as 2016 3101, 2017 6171; bbl 2014 7991).art. 88257 special charge on assets 1 temporarily admitted persons shall be subject to the obligation to pay the special charge on assets in accordance with article 86 asyla258. the provisions of the 2nd section of chapter 5, chapter 10 and article 112a of the asyla apply.2 the obligation to pay the special charge applies for a maximum of ten years from the date of entry.257 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2018 (as 2017 6521; bbl 2013 2397, 2016 2821).258 sr 142.31art. 88a259 registered partnerships the provisions of this chapter on foreign spouses apply mutatis mutandis to registered same-sex partnerships.259 inserted by no i 1 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).chapter 12 obligations section 1 obligations of foreign nationals, employers and recipients of services art. 89 possession of a valid identity document foreign nationals must be in possession of a valid identity document recognised in terms of article 13 paragraph 1 during their stay in switzerland.art. 90 obligation to cooperate foreign nationals and third parties involved in proceedings under this act are obliged to cooperate in determining the relevant circumstances necessary to apply this act. they must in particular:a. provide accurate and complete information about circumstances, which are essential for the regulation of the period of stay;b. submit the required evidence without delay or make every effort to obtain it within a reasonable period;c. obtain identity documents (art. 89) or assist the authorities in obtaining these documents.art. 91 duty of care of employers and of recipients of services 1 before a foreign national begins employment, an employer must inspect their identity card or check with the competent authorities to ascertain that the said foreign national is entitled to work in switzerland.2 any person who obtains a cross-border service must inspect the identity card of the person providing the service or check with the competent authorities to ascertain that this person is entitled to work in switzerland.section 2 obligations of carriers260 260 amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937). art. 92261 duty of care 1 air carriers transporting persons must take all reasonable measures to ensure that they only transport persons who possess the required travel documents, visas and residence documents to enter the schengen area or to travel through international transit zones of the airports. 2 the federal council shall regulate the extent of the duty of care.261 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 93262 obligation to provide assistance and to cover costs 1 the air carrier is obliged at the request of the competent federal or cantonal authorities to provide immediate assistance to any passengers that it is carrying who are denied entry to the schengen area.2632 the obligation to provide assistance covers:a. the immediate transport of the person concerned from switzerland to their country of origin, to the state issuing the travel documents or to another state where their admission is guaranteed;b. the uncovered costs of the required attendance as well as the customary subsistence and care costs until departure from or entry into switzerland.3 if the air carrier is unable to provide evidence that it has fulfilled its duty of care, it must additionally bear:264a. the uncovered subsistence and care costs that have been covered by the confederation or the canton for a period of stay of up to six months, including the costs for detention under the law on foreign nationals;b. the attendance costs;c. the deportation costs.4 paragraph 3 does not apply if the person being transported has been granted entry to switzerland in terms of article 22 asyla265. the federal council may provide for further exceptions, in particular for exceptional circumstances such as war or natural disasters.2665 the federal council may stipulate a flat-rate charge based on the expected costs.6 it may request security for the payment of costs.262 amended by art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a).263 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).264 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).265 sr 142.31266 amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).art. 94267 cooperation with the authorities 1 the air carriers shall cooperate with the competent federal and cantonal authorities. the modalities of this cooperation may be stipulated in the operating licence or in an agreement between the sem and the carrier.2 the following may also be stipulated in the operating licence or agreement in particular:a. special measures by air carriers to ensure compliance with the duty of care under article 92;b. the introduction of flat-rate payments instead of subsistence and care costs under article 93.3 if special measures under paragraph 2 letter a are stipulated, the operating licence or the agreement may provide that any amount that an air carrier must pay under article 122a paragraph 1 be reduced by up to a half.267 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 95268 other carriers the federal council may make other commercial carriers subject to articles 92-94, 122a and 122c if swiss national borders become a schengen external border. in doing so, it shall take account of the requirements of article 26 of the convention of 19 june 1990269 implementing the schengen agreement (schengen convention).268 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).269 convention of 19 june 1990 implementing the schengen agreement of 14 june 1985 between the governments of the states of the benelux economic union, the federal republic of germany and the french republic on the gradual abolition of checks at their common borders, oj. l 239 of 22.9.2000, p. 19.section 3270 obligations of airport operators 270 inserted by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). see also the transitional provisions to this amendment at the end of this text. art. 95a provision of accommodation by airport operators airport operators are obliged to provide suitable and reasonably priced accommodation at the airport for foreign nationals whose entry or onward journey is refused at the airport until removal or entry.chapter 13 tasks and responsibilities of the authorities art. 96 exercise of discretion 1 in exercising discretion, the competent authorities shall take account of public interests and personal circumstances as well as the integration of foreign nationals.2712 if a measure is competent, but the circumstances are not appropriate, the person concerned may be issued with a warning on pain of this penalty.271 amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 97 administrative assistance and disclosure of personal data272 1 the authorities entrusted with the implementation of this act shall support each other in the fulfilment of their tasks. they shall provide the required information and on request allow the inspection of official files.2 other authorities of the confederation, the cantons and the communes are obliged to disclose data and information required for the implementation of this act at the request of the authorities mentioned in paragraph 1.3 the federal council shall determine what data must be reported to the authorities mentioned in paragraph 1 in the case of:a. the opening of criminal investigations;b. civil and criminal judgements;c. changes in connection with civil status or in the case of refusal to permit a marriage;d. a claim for social assistance;dbis.273 a claim for unemployment benefit;dter.274 a claim for supplementary benefits in accordance with the sba275;dquater.276 disciplinary measures by school authorities;dquinquies.277 measures taken by child and adult protection authorities;e.278 other decisions indicating a special need for integration in accordance with the criteria set out in article 58a;f.279 .4 if an authority in accordance with paragraph 1 receives data pursuant to article 26a sba about a claim for supplementary benefits, it shall automatically notify the body responsible for determining and paying out the supplementary benefits of the possibility that the residence permit will not be extended or will be revoked.280272 for data in connection with illegal employment, arts. 11 and 12 of the fa of 17 june 2005 on illegal employment (sr 822.41) apply.273 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).274 inserted by no iii 1 of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).275 sr 831.30276 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).277 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).278 inserted by annex no 1 of the fa of 14 dec. 2012 (as 2013 4375; bbl 2010 4455, 2011 7325). amended by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).279 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements (as 2018 733; bbl 2016 3007). repealed by no iii 1 of the fa of 16 dec. 2016 (integration), with effect from 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).280 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).art. 98 allocation of tasks 1 the sem is responsible for all tasks that are not expressly reserved to other federal authorities or the cantonal authorities.2 the federal council shall regulate the entry and exit, admission as well as residency of the persons benefiting from privileges, immunities and facilities in accordance with article 2 paragraph 2 of the host state act of 22 june 2007281.2823 the cantons shall designate the authorities who are responsible for the tasks that have been entrusted to them.281 sr 192.12282 amended by art. 35 of the host state act of 22 june 2007, in force since 1 jan. 2008 (as 2007 6637; bbl 2006 8017).art. 98a283 use of police control and restraint techniques and police measures by the enforcement authorities the persons entrusted with the enforcement of this act may use police control and restraint techniques and police measures in order to fulfil their duties, provided it is justified by the legal interests to be protected. the use of force act of 20 march 2008284 applies.283 inserted by annex no 2 of the use of force act of 20 march 2008, in force since 1 jan. 2009 (as 2008 5463; bbl 2006 2489).284 sr 364art. 98b285 delegation of duties to third parties in the visa procedure 1 the fdfa in consultation with the sem may authorise third parties to carry out the following tasks in relation to the visa procedure:a. arrangement of appointments with a view to granting a visa;b. receiving documents (visa application form, passport, supporting documents);c. charging of fees;d. recording of biometrical data for the central visa information system;e. returning passports to their holders at the end of the procedure.2 the fdfa and the sem shall ensure that the third parties to whom duties are delegated comply with the regulations on data protection and security.3 the federal council shall determine the conditions under which third parties may be delegated duties in accordance with paragraph 1.285 inserted by art. 2 no 1 of the fd of 11 dec. 2009 (approval and implementation of the exchanges of notes relating to the visa information system), in force since 1 jan. 2011 (as 2010 2063 5761; bbl 2009 4245).art. 99286 approval procedure 1 the federal council shall determine the cases in which the granting of short stay, residence and settlement permits and cantonal preliminary labour market decisions are to be submitted to sem for approval.2 sem may refuse to approve the decision of a cantonal administrative or appellate authority or make the decision subject to a time limit or to conditions and requirements.286 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 100 international agreements287 1 the federal council shall encourage bilateral and multilateral migration partnerships with other states. it may conclude agreements to improve cooperation in the field of migration as well as to reduce illegal migration and its negative consequences.2 the federal council may conclude agreements with foreign states or international organisations on:288a. the requirement to obtain a visa and the conduct of border controls;b. the readmission and transit of persons residing without authorisation in switzerland;c. the transit with police escort of persons in terms of readmission and transit agreements including the legal status of persons accompanying the contractual parties;d. the period of residence required before a settlement permit is granted;e. basic and advanced professional training;f. the recruitment of employees;g. cross-border services;h. the legal status of persons in accordance with article 98 paragraph 2.3 in the case of readmission and transit agreements, it may in terms of its responsibilities grant or withhold services and advantages. in doing so, it shall take account of obligations under international law as well as the all the relations switzerland has with the affected state.2894 the responsible departments may enter into agreements with foreign authorities or international organisations on the technical implementation of agreements in accordance with paragraph 2.2905 until the conclusion of a readmission agreement within the meaning of paragraph 2 letter b, the fdjp may enter into agreements with the competent foreign authorities and in consultation with the fdfa in which organisational issues connected with the return of foreign nationals to their native countries and with return assistance and reintegration are regulated.291287 amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).288 amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).289 amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).290 amended by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).291 inserted by no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937). amended by annex no 1 of the fd of 15 dec. 2017 (adoption of regulation [eu] 2016/1624 on the european border and coast guard), in force since 15 sept. 2018 (as 2018 3161; bbl 2017 4155).art. 100a292 use of documentation advisers 1 in order to combat illegal migration, use may be made of documentation advisers.2 documentation advisers shall in particular provide support in checking documents to the authorities responsible for border controls, air carriers and foreign representations. they shall act only in an advisory capacity and shall not exercise any sovereign function.3 the federal council may enter into agreements on the use of documentation advisers with foreign states.292 inserted by no i of the fa of 18 june 2010 (automated border controls, documentation advisers, mides information system), in force since 1 jan. 2011 (as 2010 5755; bbl 2009 8881).art. 100b293 federal commission on migration294 1 the federal council shall appoint an advisory commission comprising foreign and swiss nationals.2 the commission shall deal with social, economic, cultural, political, demographic and legal issues that arise from the entry, residence and return of all foreign nationals, including asylum seekers.3 it shall work with the competent authorities of the confederation, the cantons and the communes and with non-governmental organisations involved in migration matters; these include the cantonal and communal commissions for foreign nationals involved in integration. it shall participate in the international exchange of views and experiences.4 the commission may be consulted on questions of principle relating to the promotion of integration. it is entitled to request financial contributions from the sem for conducting integration projects of national importance.5 the federal council may assign additional tasks to the commission.293 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).294 the name was amended on 1 jan. 2016 pursuant to art. 20 para. 2 of the publications ordinance of 7 oct. 2015 (sr 170.512.1).chapter 14 data processing and data protection295 295 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685). section 1 general296 296 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685). art. 101297 data processing the sem, the cantonal immigration authorities and, where it has jurisdiction, the federal administrative court may process or instruct someone else to process personal data, including particularly sensitive data and personality profiles of foreign nationals as well third parties involved in procedures in accordance with this act, insofar as they need this data to fulfil their statutory duties.297 amended by no i 1 of the ordinance of the federal assembly of 20 dec. 2006 on the adaptation of legislation to the provisions of the federal supreme court act and the federal administrative court act, in force since 1 jan. 2008 (as 2006 5599; bbl 2006 7759).art. 102 data collection for the purpose of identification and determining age298 1 when verifying entry requirements and in procedures concerning foreign nationals, the competent authorities may in individual cases collect and record biometric data pertaining to foreign nationals for identification purposes. for specific categories of persons, collection and recording may be carried out systematically.2991bis if there are indications that an alleged foreign minor has reached the age of majority, the competent authorities may arrange an expert report on that person's age.3002 the federal council shall determine the categories of persons for which data may be recorded systematically and which biometric data shall be collected in accordance with paragraph 1, and shall regulate access to this data.301298 amended by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).299 amended by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).300 inserted by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).301 amended by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).art. 102a302 biometric data for identity cards 1 the competent authority may save and store the biometric data required for the issue of the foreign national identity cards.2 the task of recording biometric data and forwarding identity card data to the issuing body may be delegated wholly or in part to third parties.3033 the competent authority may process biometric data already recorded in zemis in order to issue or renew a travel document.3044 the biometric data required for the issue of an identity card shall be updated every five years. the federal council may specify a shorter period for the updating of data if this is required due to changes in the facial features of the person concerned.305302 inserted by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).303 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).304 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).305 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 102b306 verifying the identity of the identity card holder 1 the following authorities are authorised to read the data stored on the chip in order to verify the identity of the holder or verify that the document is genuine:a. the border guard;b. the cantonal and communal police;c. the cantonal and communal migration authorities.2 the federal council may authorise airlines, airport operators and other agencies that must verify the identity of persons to read the fingerprints stored on the data chip in order to carry out checks on persons.306 inserted by art. 2 no i of the fd of 18 june 2010 (development of the schengen acquis and introduction of biometric data into foreign national identity cards), in force since 24 jan. 2011 (as 2011 175; bbl 2010 51).section 2 passenger data, monitoring and controls at airports and air carriers' duty to provide data307 307 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 103 monitoring of arrivals at the airport 1 the arrival of flight passengers may be monitored using technical identification procedures. the authorities responsible for border controls (art. 7 and 9) shall use the collected data:308a. to determine the air carrier involved and the place of departure of foreign nationals who do not fulfil the entry requirements;b. to check all incoming persons against the data stored in the search systems.2 the competent authorities shall notify the fis if they discover a specific threat to internal or the external security during this monitoring. they may forward the corresponding data with the report.3093 the collected data must be erased within 30 days. if it is required for pending criminal, asylum proceedings or proceedings under the law on foreign nationals, the federal council may provide for specific data to be stored for a longer period.4 the confederation may pay the cantons where the international airports are located contributions to the costs of supervision in accordance with paragraph 1.5 the federal council shall regulate the specifications that a facial recognition system must satisfy, as well as the details of the monitoring procedure and the passing on of information to the fis.310308 second sentence amended in accordance with art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a).309 amended by no i 2 of the ordinance of 12 dec. 2008 on the amendment of statutory provisions due to the transfer of the intelligence units of the service for analysis and prevention to the ddps, in force since 1 jan. 2009 (as 2008 6261).310 amended by no i 2 of the ordinance of 12 dec. 2008 on the amendment of statutory provisions due to the transfer of the intelligence units of the service for analysis and prevention to the ddps, in force since 1 jan. 2009 (as 2008 6261).art. 103a311 automated border controls at airports 1 the authorities responsible for border controls at airports may operate an automated border control procedure. this has the aim of simplifying checks on participants when they enter and leave the schengen area.2 exclusively entitled to participate in the automated border control procedure are persons who:a. hold swiss citizenship; orb.312 hold rights under the afmp313 or the efta convention314.3 participation requires a biometric passport or a participation card on which biometric data is stored. in order to issue the participation card, the authorities responsible for border controls may record biometric data.4 on crossing the border, the data held in the biometric passport or on the participation card may be compared with the data in the computerised police search system (ripol) and the schengen information system (sis).5 the authorities responsible for border controls shall operate an information system for the processing of personal data relating to those persons who require a participation card for the automated border control procedure. the information system shall not contain any biometric data. the persons concerned shall be informed in advance of the purpose of the data processing and the categories of data recipient.6 the federal council shall regulate the registration procedure, the requirements for participation in the automated border control procedure, the organisation and operation of the information system and the list of personal data to be processed in the information system.311 inserted by no i of the fa of 18 june 2010 (automated border controls, documentation advisers, mides information system), in force since 1 jan. 2011 (as 2010 5755; bbl 2009 8881).312 amended by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).313 sr 0.142.112.681314 sr 0.632.31art. 103b315 information system on refusals of entry 1 the sem shall maintain an internal information system on refusals of entry in accordance with article 65 (inad system). it shall be used when imposing penalties for violations of the duty of care under article 122a, and to compile statistics.2 the system shall contain the following data on persons who have been refused entry to the schengen area:a. surname, first name, sex, date of birth, nationality;b. details of the flight;c. reason why entry was refused;d. details of proceedings for violations of the duty of care under article 122a in connection with the person concerned.3 the data recorded in the system shall be anonymised after two years.315 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 104316 air carriers' duty to provide data 1 in order to improve border controls and to combat unlawful entry into the schengen area and transit through the international transit zones of the airports, at the request of the border control authorities sem may require air carriers to provide personal data on the passengers it is carrying and data on the flight to the sem or to the authority responsible for the border controls. the data must be transmitted immediately after departure.3171bis sem may extend the duty to provide data to other flights:a. at the request of fedpol: to combat international organised crime and terrorism;b. at the request of the fis: to respond to threats to internal and external security that arise from terrorism, espionage and preparations for illegal trading in weapons and radioactive materials and illegal technology transfers.3181ter the data must be transmitted immediately after departure.3192 the order to provide data must contain:a. the airports or states of departure;b. the data categories in accordance with paragraph 3;c. the technical details on data transmission.3 the duty to provide data applies to the following data categories:a. biographical data (surname, first name(s), sex, date of birth, nationality) of the persons being carried;b. number, issuing state, type and expiry date of the travel document held;c. number, issuing state, type and expiry date of the visa or residence document held provided the air carrier has this data;d. airport of departure, transfer airports or airport of destination in switzerland, together with details of the flight itinerary booked for the persons concerned insofar as known to the air carrier;e. code of transport;f. number of persons carried on the flight concerned;g. planned date and time of departure and arrival.4 the air carriers shall inform the persons concerned in accordance with article 18a of the federal act of 19 june 1992320 on data protection.5 orders imposing or lifting the duty to provide data are made as general rulings and are published in the federal gazette. appeals against such rulings do not have suspensive effect.6 air carriers may retain the data in accordance with paragraph 3 solely for evidentiary purposes. they must erase the data:a. when it is established that the sem will not open proceedings for a violation of the duty to provide data, or two years after the date of the flight at the latest;b. on the day after the ruling in application of article 122b takes full legal effect.316 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).317 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).318 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).319 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).320 sr 235.1art. 104a321 passenger information system 1 the sem shall maintain a passenger information system (api system) in order to:a. improve border controls;b. combat unlawful entry into the schengen area and transit through the international transit zones of the airports;c. combat international organised crime and terrorism, espionage and preparations for illegal trading in weapons and radioactive materials and illegal technology transfers.3221bis the api system contains the data in accordance with article 104 paragraph 3 and the results of comparisons in accordance with paragraph 4.3232 in order to check whether air carriers are fulfilling their duty to provide data, and to enforce penalties under article 122b, the sem may retrieve data in accordance with article 104 paragraph 3 from the api system.3243 in order to improve border controls and to combat unlawful entry into the schengen area and transit through the international transit zones of the airports, the authorities responsible for checks on persons at the schengen external borders may retrieve data in accordance with article 104 paragraph 3 from the api system.3253bis if it is suspected that a person is preparing for or committing offences under article 104 paragraph 1bis letter a, fedpol may retrieve the data in accordance with article 104 paragraph 3.3264 the data in accordance with article 104 paragraph 3 letters a and b shall be automatically and systematically compared with the data from ripol, the sis, the zemis and the interpol database for stolen and lost documents (asf-sltd).3275 the data in accordance with article 104 paragraph 3 and the results of the comparisons in accordance with paragraph 4 may only be used following the arrival of the flight concerned in order to conduct criminal or asylum proceedings, or proceedings under the law on foreign nationals. it must be erased:a. when it is established that no proceedings of this type will be conducted, or two years after the date of the flight concerned at the latest;b. on the day after the ruling in proceedings of this type takes full legal effect.6 the data may be retained in anonymised form for statistical purposes beyond the deadlines set out in paragraph 5.321 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).322 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).323 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).324 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).325 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).326 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).327 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 104b328 automatic transmission of data from the api system 1 the data in accordance with article 104 paragraph 3 shall be transmitted automatically in electronic form to the fis.2 the fis may process the data in order to fulfil its duties under article 104a paragraph 1 letter c.328 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 104c329 access to passenger data in individual cases 1 in order to conduct border controls, to combat illegal migration or to enforce removal orders, air carriers must on request provide the authorities responsible for border controls with passenger lists.2 the passenger lists must contain the following data:a. surname, first name(s), address, date of birth, nationality and passport number of the persons being carried;b. airport of departure, transfer airports and airport of destination;c. details of the travel agent through which the flight was booked.3 the duty to provide the passenger lists ends six months after the flight takes place.4 the authority responsible for border controls shall delete the data within 72 hours of receipt.329 originally art. 104b. inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).section 3 disclosure of personal data abroad330 330 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685). art. 105 disclosure of personal data abroad 1 in order to fulfil their duties, and in particular to combat criminal offence in terms of this act, the sem and the competent authorities of the cantons may disclose personal data of foreign nationals to foreign authorities and international organisations entrusted with corresponding duties provided such authorities and organisation guarantee a level of data protection equivalent to that in switzerland.2 the following personal data may be disclosed:a. biographical data (surname, first name, alias, date of birth, place of birth, sex, nationality, last address in the native country or country of origin) of the foreign national and, if necessary, of the next of kin;b. information about the passport or other identity cards;c. biometric data;d. further data required for the identification of a person;e. information on the state of health, as far as this is in the interests of the person concerned and the person has been informed about this;f. the data required for ensuring entry to the destination country as well as for the security of the accompanying persons;g. information on the places of stay and routes travelled;h. information on the regulation of the period of stay and the visas granted.art. 106 disclosure of personal data to the native country or country of origin for the implementation of removals or expulsions to the native country or country of origin, the authority responsible for organising the departure may only disclose the following data to foreign authorities if this does not put the foreign national or the next of kin at risk:a. biographical data (surname, first name, alias, date of birth, place of birth, sex, nationality, last address in the native country or country of origin) of the foreign national and, if necessary, of the next of kin;b. information about the passport or other identity cards;c. biometric data;d. further data required for the identification of a person;e. information on the state of health, as far as this is in the interests of the person concerned and the person has been informed about this;f. the data required for ensuring entry to the destination country as well as for the security of the accompanying persons.art. 107 disclosure of personal data under readmission and transit agreements 1 in order to implement the readmission and transit agreements mentioned in article 100, the sem and the competent authorities of the cantons may also disclose the required personal data to states that do not provide a level of data protection equivalent to that in switzerland.2 for the purpose of the readmission of its citizens, the following data may be disclosed to another contracting state:a. biographical data (surname, first name, alias, date of birth, place of birth, sex, nationality, last address in the native country or country of origin) of the foreign national and, if necessary, of the next of kin;b. information about the passport or other identity cards;c. biometric data;d. further data required for the identification of a person;e. information on the state of health, as far as this is in the interests of the person concerned;f. the data required for ensuring entry to the destination country as well as for the security of the accompanying persons;g. information on criminal proceedings, insofar as this is required in specific cases to process readmission and to safeguard public security and order in the native country and provided the person is not endangered as a result; article 2 of the federal act of 20 march 1981331 on international mutual assistance in criminal matters applies mutatis mutandis.3 for the purpose of the transit of members of third countries, the following data may be disclosed to the other contracting state:a. data in accordance with paragraph 2;b. information on the places of stay and routes travelled;c. information on the regulation of the period of stay and the visas granted.4 purpose limitation, any security measures and the competent authorities must be defined in the readmission or transit agreement.331 sr 351.1art. 108-109332 332 see art. 126 para. 6 below.chapter 14a information systems333 333 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685). section 1 central visa information system and national visa system334 334 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 109a335 consultation of data in the central visa information system 1 the central visa information system (c-vis) contains the visa data from all the states to which regulation (ec) no. 767/2008336 applies.2 the following authorities may consult c-vis data online:a.337 the sem, swiss representations abroad and missions, the cantonal migration authorities responsible for the visa and the communal authorities to which the cantons have delegated these responsibilities, the state secretariat and the directorate of political affairs of the fdfa, the border guard and the border posts of the cantonal police authorities: in the course of the visa procedure;b.338 the sem: to determine the state responsible for assessing an asylum application under regulation (ec) no. 604/2013339 and in the course of assessing an asylum application if switzerland is responsible for its processing;c. the border guard and the cantonal police authorities responsible for checks at the schengen external borders: to conduct checks at the external border crossing points and on swiss sovereign territory;d.340 the border guard and the cantonal and communal police authorities that conduct checks on persons: to identify persons who do not or who no longer fulfil the requirements for entry into swiss sovereign territory or for a stay in switzerland.3 the following authorities may request specific c-vis data from the central access point under paragraph 4 in application of decision 2008/633/ji341 in order to prevent detect or investigate terrorist offences or other serious criminal offences:a. fedpol;b. fis;c. the office of the attorney general of switzerland;d. the cantonal police and prosecution authorities and the police authorities of the cities of zurich, winterthur, lausanne, chiasso and lugano.4 the central access point in accordance with article 3 paragraph 3 of decision 2008/633/ji is the fedpol operations centre.335 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 11 oct. 2011 (as 2010 2063, 2011 4449; bbl 2009 4245).336 regulation (ec) no 767/2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system (vis) and the exchange of data between member states on short-stay visas (vis regulation), oj. l 218 of 13.8.2008, p. 60.337 amended by no i of the fa of 26 sept. 2014, in force since 1 march 2015 (as 2015 533; bbl 2014 3373).338 amended by annex no i 1 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).339 see footnote to art. 64a para. 1.340 amended by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).341 council decision 2008/633/ji of 23 june 2008 concerning access for consultation of the visa information system (vis) by designated authorities of member states and by europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences, oj. l 218 of 13.8.2008, p. 129.art. 109b342 national visa system 1 the sem shall operate a national visa system. the system serves the registration of visa applications and the issue of visas granted by switzerland. in particular, it contains the data transmitted via the national interface (n-vis) to the c-vis.2 the national visa system contains the following categories of data on visa applicants:a. alphanumerical data on the applicant and on the visa that has been applied for, granted, denied, cancelled, revoked or extended;b. the applicants' photographs and fingerprints;c. the links between certain visa applications;d.343 the data from ripol and from the asf-sltd to which the visa authorities have access;e.344 the data from sis to which the visa authorities have access, provided an alert has been issued under chapter 4 of regulation (ec) no 1987/2006345 and the requirements of article 32 paragraph 1 of this ec regulation have been met.2bis the national visa system also contains a subsystem with the files on the visa applicants in electronic form.3463 the sem, swiss representations abroad and missions, cantonal migration authorities responsible for visas and the communal authorities to which the cantons have delegated these responsibilities, the state secretariat and the directorate of political affairs of the fdfa and the border guard and the border posts of the cantonal police authorities that issue exceptional visas may enter, modify and delete data in the national visa system in order to fulfil their duties under the visa procedure.347 they must enter and process the data transmitted to the cvis in accordance with regulation (ec) no 767/2008348.342 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 20 jan. 2014 (as 2010 2063, 2014 1; bbl 2009 4245).343 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).344 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).345 regulation (ec) no 1987/2006 of the european parliament and of the council of 20 december 2006 on the establishment, operation and use of the second generation schengen information system (sis ii), amended by oj. l 381 of 28.12.2006, p. 4.346 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).347 amended by no i of the fa of 26 sept. 2014, in force since 1 march 2015 (as 2015 533; bbl 2014 3373).348 regulation (ec) no 767/2008 of the european parliament and the council of 9 july 2008 concerning the visa information system (vis) and the exchange of data between member states on short-stay visas (vis regulation), oj. l 218 of 13.8.2008, p. 60.art. 109c349 consultation of the national visa system the sem may grant the following authorities online access to the data in the national visa system:a. the border guard and the border posts of the cantonal police authorities: to carry out checks on persons and to issue exceptional visas;b. the swiss representations abroad and the swiss missions: to verify visa applications;c. the state secretariat and the directorate of political affairs of the fdfa: to verify visa applications for which the fdfa is responsible;d. the central compensation office: to assess applications for benefits and to allocate and check oasi insurance numbers;e.350 the cantonal and communal migration authorities and the cantonal and communal police authorities: to fulfil their duties in the field of immigration;f. the competent federal authorities in the field of internal security, international mutual legal assistance and policing:1. in order to identify persons in connection with the exchange of police intelligence, security and criminal police duties, extradition proceedings, administrative and mutual legal assistance, law enforcement and the enforcement of penalties on behalf of others, combating money laundering, drug trafficking and organised crime, checking identity documents, tracing missing persons and checking entries in the computerised police search system under the federal act of 13 june 2008351 on the federal police information systems,2. in order to check measures banning entry in order to safeguard switzerland's internal and external security under the federal act of 21 march 1997352 on measures to safeguard internal security;g. the federal appellate authorities: for the preparatory briefing procedure for appeals;h. the civil register offices and their supervisory authorities: to identify persons in connection with changes in civil status, to prepare for a marriage ceremony or the registration of a same-sex partnership, and to prevent circumvention of the law on foreign nationals in accordance with article 97a paragraph 1 cc353 and article 6 paragraph 2 of the same-sex partnership act of 18 june 2004354.349 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchanges of notes between switzerland the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 20 jan. 2014 (as 2010 2063, 2011 4449, 2014 1; bbl 2009 4245).350 amended by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).351 sr 361352 sr 120353 sr 210354 sr 211.231art. 109d355 exchange of information with eu member states to which regulation (ec) no. 767/2008 not yet applies member states of the eu to which regulation (ec) no. 767/2008356 not yet applies may send their requests for information to the authorities under article 109a paragraph 3.355 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis) (as 2010 2063; bbl 2009 4245). amended by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).356 regulation (ec) no 767/2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system (vis) and the exchange of data between member states on short-stay visas (vis regulation), oj. l 218 of 13.8.2008, p. 60.art. 109e357 implementing provisions for the c-vis the federal council shall regulate:a. the administrative units under article 109a paragraphs 2 and 3 and 109b paragraph 3 to which the powers mentioned therein apply;b. the procedure by which authorities obtain c-vis data under article 109a paragraph 3;c. the extent of online access to the c-vis and auf das national visa system;d. the procedure for exchanging information under article 109d;f. the storage of the data and procedure for its deletion;g. the modalities with regard to data security;h. cooperation with the cantons;i. responsibility for data processing;j. the list of offences under article 109a paragraph 3.357 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 11 oct. 2011 (as 2010 2063, 2014 1; bbl 2009 4245).section 2358 information system for return procedures 358 inserted by no i of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).art. 109f principles 1 sem shall operate an information system in order to fulfil its tasks in connection with the enforcement of removal, expulsion under this act or judicial expulsion under article 66a or 66abis scc359 or article 49a or 49abis mcc360 as well as voluntary return, including the return assistance and counselling (eretour system).2 the information system assists with:a. the processing of personal data pertaining to foreign nationals in connection with the enforcement of removal, expulsion or judicial expulsion orders, voluntary return or return assistance or counselling, including the processing of sensitive personal data;b. the administration and supervision of the various phases of the removal, expulsion or judicial expulsion process and the tasks related to return, including return assistance and counselling and the financial payments associated with return; c. the production of statistics.359 sr 311.0360 sr 321.0art. 109g content 1 the information system contains data on foreign nationals:a. whose removal, expulsion or judicial expulsion is to be enforced;b. who leave switzerland voluntarily;c. who have requested counselling on return or have received return assistance.2 it contains the following categories of data: a. the surname and first name(s), date of birth and address (basic data), sex, place of birth, nationality, ethnicity, religion, mother tongue and civil status of the foreign national and the names of his or her parents;b. the biometric data; c. the part of the electronic file relating to return under article 4 paragraph 1 letter d of the federal act of 20 june 2003361 on the information system on matters relating to foreign nationals and asylum;d. the form of removal or voluntary return, the travel document used and the financial payments disbursed on departure; e. the data on counselling on return and the granting of return assistance;f. the data on measures to obtain travel documents; g. the data required for the administration and supervision of the various phases of departure from switzerland;h. the medical data required to assess the person's fitness to travel;i. the result of searches in ripol and the sis; j. the location, duration and form of detention; k. the person's behavioural characteristics and the compulsory measures that may be or have been ordered during the flight;l. details of the flight tickets and the itinerary; m. data on the persons entrusted with accompanying the person concerned for medical, social or policing reasons; n. the data required to prepare cost statements and make payments in connection with the return.3 the personal data under paragraph 2 letters a-c and j are copied automatically from zemis. if these data are modified in the information system, the updated data are automatically copied into zemis.4 sem shall inform persons whose data is recorded in the system of the reason for processing these data, the data categories and the data recipient.361 sr 142.51art. 109h data processing provided it is necessary for them to carry out their tasks, the following persons and agencies shall have access to the information system, but limited to the date mentioned in brackets: a. sem employees:1. to obtain travel documents for the return, to organise departure and to grant return assistance (data under art. 109g para. 2),2. to prepare the cost statement (basic data under art. 109g para. 2 let. a and data under art. 109g para. 2 let. c-h and j-n);b. the cantonal authorities entrusted with carrying out the return procedure in order to report cases that require support from sem under article 71 (data under art. 109g para. 2);c. the cantonal authorities responsible for return assistance (data under art. 109g para. 2 let. a-h and k-n);d. the cantonal authorities responsible for cost statement (basic data under art. 109g para. 2 let. a and data under art. 109g para. 2 let. c-g, j and l-n);e. the cantonal police authorities for accompanying persons being removed or expelled (basic data under art. 109g para. 2 let. a and data under art 109g para. 2 let. b, d, g and i-n);f. the cantonal police authorities at the airports and the border guard for tasks related to checks on departure (basic data under art. 109g para. 2 let. a and data under art. 109g para. 2 let. b, d, g and i-n);g. third parties delegated tasks under article 109i.art. 109i third parties delegated tasks 1 sem and the cantonal authorities entrusted with carrying out the return procedure may in providing return assistance delegate specific tasks to the return counselling agencies (art. 93 para. 1 let. a asyla362) and international organisations (art. 93 para. 3 asyla). they may delegate tasks to other third parties in connection with organising the return under article 71 letter b of this act.2 sem may grant third parties that have been delegated tasks access to the data in the information system that they require to fulfil their mandate:a. for tasks in connection with return assistance and counselling;b. for tasks related to preparing for departure at the airport;c. for assessing the fitness of the person concerned to travel and for deciding on any medical assistance required.3 sem shall ensure that the third parties comply with the regulations on data protection and on information technology security.4 the federal council shall decide which categories personal data in the information system may be processed by the third parties that have been delegated tasks mentioned in paragraph 1 above.362 sr 142.31art. 109j supervision and implementation 1 sem is responsible for the security of the information system and the legality of the processing of personal data.2 the federal council shall regulate:a. the organisation and operation of the system;b. the catalogue of data for the systems and the extent of access rights granted to the authorities mentioned in article 109h;c. the technical and organisational aspects of measures to prevent unauthorised processing; d. the retention period for and the destruction of the data.section 3 personal file and documentation system363 363 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685). art. 110364 .365 the sem in cooperation with the federal administrative court and the competent cantonal authorities shall maintain an automated personal file and documentation system.364 amended by no i 1 of the ordinance of the federal assembly of 20 dec. 2006 on the adaptation of legislation to the provisions of the federal supreme court act and the federal administrative court act, in force since 1 jan. 2008 (as 2006 5599; bbl 2006 7759).365 removed by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), with effect from 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 111 information systems for travel documents 1 the sem shall maintain an information system for the issue of swiss travel documents and return visas to foreign nationals (the isr) in accordance with article 59.3662 the isr shall contain the following data:a.367 the surname, first name, sex, date of birth, place of birth, nationality, address, height, facial image, name and first name of parents, surnames of parents at birth, signature, file number and personal number;b. information on the application, such as the date of receipt of application and decision on the application;c. information on the travel document, such as the date of issue and term of validity;d. the signatures and names of the statutory representative in the case of travel documents issued to minors or incapacitated persons;e. combined surnames, religious names or pseudonyms as well as information on special characteristics such as disabilities, prostheses or implants provided the applicant requests that the travel document contain this information;f. information on lost travel documents.3 to check whether an alert has been issued in respect of the applicant due to a felony or a misdemeanour, the ripol computerised search system automatically conducts a search.3684 the data collected in accordance with paragraph 2 shall be processed by employees of the sem who deal with issuing swiss travel documents and return visas.3695 the sem may make the data that it has collected in accordance with paragraph 2 accessible to the following authorities or offices through a retrieval process, insofar as they need the data for the fulfilment of their duties:370a. the office responsible for issuing travel documents;b. the border posts of the cantonal police authorities and the border guard, in order to carry out checks on persons;c. the police stations designated by the cantons to carry out checks on persons and to record reports of lost travel documents;d.371 the authorities or agencies appointed by the cantons to accept applications for the issue of travel documents;e.372 the authorities or agencies appointed by the cantons to take portrait photographs or fingerprints6 the federal council shall issue the implementing provisions.366 amended by art. 2 no 2 of the fd of 13 june 2008 on the approval and implementation of the exchange of notes between switzerland and the eu on biometric passports and travel documents, in force since 1 oct. 2011 (as 2009 5521, 2011 4033; bbl 2007 5159).367 amended by art. 2 no 2 of the fd of 13 june 2008 on the approval and implementation of the exchange of notes between switzerland and the eu on biometric passports and travel documents, in force since 1 oct. 2011 (as 2009 5521, 2011 4033; bbl 2007 5159).368 amended by annex 1 no 2 of the fa of 13 june 2008 on the federal police information systems, in force since 5 dec. 2008 (as 2008 4989; bbl 2006 5061).369 amended by art. 2 no 2 of the fd of 13 june 2008 on the approval and implementation of the exchange of notes between switzerland and the eu on biometric passports and travel documents, in force since 1 oct. 2011 (as 2009 5521, 2011 4033; bbl 2007 5159).370 amended by no i 1 of the fa of 18 june 2010 on the amendment of provisions on the recording of data in relation to migration, in force since 24 jan. 2011 (as 2011 95; bbl 2010 51).371 inserted by no i 1 of the fa of 18 june 2010 on the amendment of provisions on the recording of data in relation to migration, in force since 24 jan. 2011 (as 2011 95; bbl 2010 51).372 inserted by no i 1 of the fa of 18 june 2010 on the amendment of provisions on the recording of data in relation to migration, in force since 24 jan. 2011 (as 2011 95; bbl 2010 51).chapter 14b373 data protection under the schengen association agreement 373 originally: chapter 14bis. inserted by art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a).art. 111a disclosure of personal data to the member states of the schengen association agreement the disclosure of personal data to the competent authorities of states that are bound by one of the schengen association agreements is regarded as equivalent to the disclosure of personal data between federal bodies.art. 111b data processing 1 the sem is the central authority for consultations in connection with visa applications under the schengen association agreements.2 in this capacity, it may use automated procedures to disclose and retrieve in particular the following categories of data:a. the diplomatic or consular representation to which a visa application was submitted;b. the identity of the person concerned (name, first names, date of birth, place of birth, nationality, place of residence, occupation and employer) as well as, if necessary, the identity of their next of kin;c. information about the identity documents;d. information about the places of stay and routes travelled.3 the swiss foreign representations may exchange data required at their location for consular cooperation with their partners from states that are bound by a schengen association agreement, and in particular information about the use of forged or falsified documents and about human trafficking networks as well as data of the categories mentioned in paragraph 2.4 the federal council may adapt the categories of personal data mentioned in paragraph 2 to the latest developments of the schengen acquis. for this purpose, it shall consult the federal data protection commissioner.art. 111c exchange of data 1 the border control authorities and the transport companies may exchange the personal data required in terms of the duty of care under article 92 and the obligation to provide assistance under article 93.2 for this purpose, they may in particular disclose and retrieve the personal data in accordance with article 111b paragraph 2 letters b-d.3 articles 111a, 111d and 111f apply mutatis mutandis.374374 amended by no 1 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 111d disclosure of data to third countries 1 personal data may only be disclosed to third countries if they guarantee an adequate standard of data protection.2 if a third country fails to guarantee an adequate standard of data protection, personal data may disclosed to this country in individual cases if:a. the person concerned gives their unequivocal consent; if the personal data or personality profiles are particularly sensitive, consent must be given expressly;b. the disclosure is required to protect the life or physical integrity of the person concerned; orc. the disclosure is required to safeguard overriding public interests or to establish, exercise or enforce legal rights in court.3 in addition to the cases mentioned in paragraph 2, personal data may also be disclosed if in specific cases adequate guarantees ensure appropriate protection of the person concerned.4 the federal council shall determine the extent of the guarantees required and the modalities for providing the guarantees.5 the data obtained from the eurodac database may not be transmitted under any circumstances to:a. a state that is not bound by any of the dublin association agreements;b. international organisations;c. private entities.375375 inserted by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).art. 111e376 376 repealed by no 1 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 111f right to information the right to information is governed by the federal or cantonal data protection provisions377. the proprietor of the data collection shall also furnish information on the details available on the origin of the data.377 amended by no 1 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 111g and 111h378 378 repealed by no 1 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).chapter 14c379 eurodac 379 originally: chapter14ter. inserted by art. 127 below, in force since 12 dec. 2008 (as 2008 5405 art. 2 let. a). art. 111i380 1 the border posts and the police authorities in the cantons and communes shall immediately obtain a full set of fingerprints from any foreign national who is over the age of 14, if the person concerned, has entered switzerland illegally and has not been returned.a. enters switzerland illegally from a state that is not bound by any of the dublin association agreements;b. has not been returned or has with a view to deportation been under arrest or in detention for the entire period between their apprehension and their removal.2 in addition to the fingerprints, the following data shall be obtained:a. the place and date of apprehension in switzerland;b. the sex of the apprehended person;c. the date on which the fingerprints were taken;d. the swiss code number for the fingerprints;e. the date on which the data was transmitted to the central unit.f. the user password.3 the data recorded under paragraphs 1 and 2 shall be transmitted to the central unit within 72 hours of the person concerned being apprehended. if the person concerned is held in detention for longer than 72 hours, the data must be transmitted before they are released.4 if the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the central unit within 48 hours of fingerprints of acceptable quality being taken. if it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the central unit within 48 hours of the impediment ceasing to apply.5 if the transmission of data is prevented by serious technical problems, an additional period of 48 hours shall be allowed in order to take the measures required to ensure that the system operates correctly again.6 the border posts and the immigration and police authorities in the cantons and communes may obtain a full set of fingerprints from any foreign national who is over the age of 14 and who is residing illegally in switzerland in order to establish whether they have already made an application for asylum in another state that is bound by any of the dublin association agreements.7 the data obtained in accordance with paragraphs 1, 2 and 6 shall be transmitted to the sem for passing on to the central unit.8 the data transmitted in accordance with paragraphs 1 and 2 shall be stored by the central unit in the eurodac database and shall be automatically erased 18 months after the fingerprints are taken. the sem shall immediately request the central unit to erase the data before this date as soon as it is notified that the foreign national concerned:a. has been granted a residence permit in switzerland;b. has left the sovereign territory of the states that are bound by any of the dublin association agreements;c. has been granted citizenship of a state that is bound by any of the dublin association agreements.9 articles 102b-102g asyla381 apply to the procedures under paragraphs 1-8.380 amended by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).381 sr 142.31chapter 15 legal remedies art. 112 .382 1 the procedure of the federal authorities is governed by the general provisions of the administration of federal justice.2 the provisions on time limits do not apply to the procedures in accordance with articles 65 and 76 paragraph 1 letter b number 5.382 removed by no i 1 of the ordinance of the federal assembly of 20 dec. 2006 on the adaptation of legislation to the provisions of the federal supreme court act and the federal administrative court act, with effect from 1 jan. 2008 (as 2006 5599; bbl 2006 7759).art. 113 and 114383 383 repealed by no 1 1 ordinance of the federal assembly of 20 dec. 2006 on the adaptation of legislation to the provisions of the federal supreme court act and the federal administrative court act, with effect from 1 jan. 2008 (as 2006 5599; bbl 2006 7759).chapter 16 criminal provisions and administrative penalties section 1 criminal provisions384 384 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561). art. 115 unlawful entry, exit, and period of stay and work without a permit 1 any person who:a. violates the entry regulations contained in article 5;b. stays unlawfully in switzerland, in particular after the expiry of a period of stay for which a permit was granted or which does not require a permit;c. works without authorisation;d. fails to enter or leave the country through an authorised border crossing point (art. 7),is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty. 2 the same penalty applies if, after leaving switzerland or the international transit zone of the airports, the foreign national enters or makes preparations to enter the sovereign territory of another state in violation of the entry provisions applicable there.3853 if the offence is committed through negligence, the penalty is a fine.4 if removal or expulsion proceedings are pending, criminal proceedings that have been commenced solely in respect of an offence under paragraph 1 letters a, b or d shall be adjourned until the removal or expulsion proceedings have reached a legally binding conclusion. if removal or expulsion proceedings are anticipated, the criminal proceedings may be adjourned.3865 if a sentence is expected for an offence under paragraph 1 letters a, b or d the imposition or execution of which would preclude the imminent enforcement of a legally binding removal or expulsion order, the competent authority shall refrain from any prosecution, committal to court or the imposition of penalties.3876 paragraphs 4 and 5 do not apply if the person concerned has re-entered switzerland in disregard of a ban on entry or if it has not been possible to enforce a removal or expulsion order because of the person's conduct.388385 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).386 amended by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).387 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).388 inserted by no i of the fa of 14 dec. 2018 (procedural regulations and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 116 encouraging unlawful entry, exit or an unlawful period of stay 1 any person who:in switzerland or abroad, facilitates the unlawful entry or departure or the unlawful period of stay in switzerland of a foreign national or assists a foreign national to prepare for the same;abis.389 from within switzerland facilitates the unlawful entry or departure or the unlawful period of stay in a schengen state of a foreign national or assists a foreign national to prepare for the same;b. finds foreign nationals employment in switzerland without the required permit;c.390 facilitates the entry of a foreign national who has left switzerland or the international transit zone of the airports into the sovereign territory of another state in violation of the entry provisions applicable there or assists that foreign national in preparing for such entry.is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty.2 in minor cases, a fine may be imposed.3 the penalty is a custodial sentence not exceeding five years or a monetary penalty and the custodial sentence must be combined with a fine if the offender:a. acts intentionally for their own or another's unlawful financial gain; orb. acts for an association or group that was formed for the purpose of the continued perpetration of this offence.389 inserted by no i of the fa of 18 june 2010 (automated border controls, documentation advisers, mides information system), in force since 1 jan. 2011 (as 2010 5755; bbl 2009 8881).390 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 117 employment of foreign nationals without a permit 1 any person who as an employer wilfully employs foreign nationals who are not entitled to work in switzerland, or any person who obtains a cross-border service in switzerland for which the service provider has no permit is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty. in serious cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty. the custodial sentence must be combined with a monetary penalty.2 any person who has a legally binding conviction under paragraph 1 and again commits offences under paragraph 1 within five years is liable on conviction to a custodial sentence not exceeding three years or a monetary penalty. the custodial sentence must be combined with a monetary penalty.3 if the offence is committed through negligence, the penalty is a fine not exceeding 20,000 francs.391391 inserted by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 117a392 breach of obligations to give notice of vacant positions 1 any person who wilfully breaches the obligation to give notice of vacant positions (art. 21a para. 3) or the obligation to conduct an interview or an aptitude test (art. 21a para. 4) is liable to a fine not exceeding 40 000 francs.2 if the offence is committed through negligence, the penalty is a fine not exceeding 20 000 francs.392 inserted by no i of the fa of 16 dec. 2016 (controlling immigration and improving implementation of the free movement agreements), in force since 1 july 2018 (as 2018 733; bbl 2016 3007).art. 118 fraudulent conduct towards the authorities 1 any person who deceives the authorities responsible for the implementation of this act by providing false information or withholding essential information and thereby fraudulently secures the grant of a permit for themselves or another or prevents the withdrawal of a permit is liable on conviction to a custodial sentence not exceeding three years or to a monetary penalty.2 any person who, with the intention of circumventing the regulations on the admission and stay of foreign nationals, marries a foreign national or arranges, encourages or facilitates such a marriage is liable on conviction to a custodial sentence not exceeding three years or to a monetary penalty.3 the penalty is a custodial sentence not exceeding five years or a monetary penalty and the custodial sentence must be combined with a monetary penalty if the offender:a. acts intentionally for their own or another's unlawful financial gain; orb. acts for an association or group that was formed for the purpose of the continued perpetration of this offence.art. 119 failure to comply with restriction or exclusion orders 1 any person who fails to comply with a restriction or exclusion order (art. 74) is liable on conviction to a custodial sentence not exceeding three years or a monetary penalty.2 prosecution, the committal to court or penalties may be dispensed with if the person concerned:a. can be deported immediately;b. is in detention in preparation for departure or pending deportation.art. 120 further offences 1 any person who wilfully or through negligence:a. violates the requirements to register and give notice of departure (art. 10-16);b. changes jobs without the required permit or changes from salaried to self-employment (art. 38);c. moves their place of residence to another canton without the required permit (art. 37);d. fails to comply with the conditions of the permit (art. 32, 33 and 35);e. fails to comply with the obligation to cooperate in obtaining identity documents (art. 90 let. c);f.393 fails to comply with the obligation to report under article 85a paragraph 2 or fails to comply with the conditions relating to the report (art. 85a paras 2 and 3);g.394 refuses to allow or otherwise prevents verification by a supervisory body under article 85a para. 4 is liable on conviction to a fine.2 in the case of offences against the implementing provisions of this act, the federal council may provide for fines not exceeding 5000 francs.393 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).394 inserted by no i of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).art. 120a-120c395 395 inserted by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements) (as 2008 5407; bbl 2007 7937). repealed by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), with effect from 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 120d396 improper processing of personal data in the c-vis any person who processes personal data in the c-vis for purposes other than those specified in article 109a shall be liable to a fine.396 inserted by no i of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements) (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937). amended by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 11 oct. 2011 (as 2010 2063, 2011 4449; bbl 2009 4245).art. 120e397 prosecution 1 the prosecution and trial of offences under articles 115-120 and 120d is the responsibility of the cantons. if an offence has been committed in more than one canton, then the canton that initiates the prosecution has jurisdiction.2 .398397 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 11 oct. 2011 (as 2010 2063, 2011 4449; bbl 2009 4245).398 repealed by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), with effect from 1 oct. 2015 (as 2015 3023; bbl 2013 2561).section 2 administrative penalties399 399 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 bbl 2013 2561). (as 2015 3023; art. 121400 seizure and confiscation of documents 1 forged and falsified travel documents and identity papers, and genuine travel documents and identity papers where there is specific evidence that they are being used unlawfully may, as directed by of the sem, be forfeited to authorities or offices or seized for return to their rightful owners.2 the forfeiture or return under paragraph 1 is also possible if there is specific evidence that genuine travel documents and identity papers are intended for persons who are staying unlawfully in switzerland.3 identity papers under paragraph 1 include identity cards and other documents that indicate the identity of a foreign national.400 amended by annex no 1 of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 122 misconduct by employers401 1 if an employer repeatedly violates the provisions of this act, the competent authority may refuse or only partially authorise the employer's requests for the admission of foreign employees who are not entitled to be granted a permit.2 the competent authority may also issue a warning that penalties may be imposed.3 an employer who has employed or sought to employ foreign employees who are not entitled to work shall assume any uncovered costs incurred by the community for subsistence, any accident or illness, and the return journey of the persons concerned.401 amended by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 122a402 violations of the duty of care by air carriers 1 any air carrier that violates its duty of care under article 92 paragraph 1 shall be required to pay 4000 francs for each person carried who is not in possession of the required travel documents, visa or residence documents. in serious cases, the penalty is 16 000 francs per person. in minor cases, proceedings may be waived.2 a violation of the duty of care is presumed if the air carrier carries persons who are not in possession of the travel documents, visas, or residence documents required for entry to the schengen area or for transit through the international transit zones of the airports and who are refused entry.3 there is no violation of the duty of care where:a. the air carrier proves that:1. the forgery or falsification of a travel document, visa or residence document was not clearly recognisable,2. it was not clearly recognisable that a travel document, visa or residence document did not pertain to the person carried,3. it was not immediately possible to ascertain the authorised term of stay or points of entry on the basis of the stamps on the travel document,4. it took all the organisational measures that can reasonably be required to prevent it from carrying persons that do not possess the travel documents, visas and residence documents required for entry to the schengen area or for transit through the international transit zones of the airports;b. the air carrier provides credible evidence that it was coerced into carrying a person.4 the federal council may provide for exemptions from the penalty under paragraph 1, in particular in situations of war or natural disaster.402 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 122b403 violations by air carriers of the duty to provide data 1 any air carrier shall be charged 4000 francs for each flight in respect of which it violates its duty to provide data. in serious cases the penalty is 12 000 francs per flight. in minor cases, proceedings may be waived.2 a violation of the duty to provide data is presumed if the air carrier fails to provide the data in accordance with article 104 paragraph 3 on time, or if the data provided is incomplete or inaccurate.3 there is no violation of the duty to provide data where the air carrier proves that:a. it was impossible to provide the data in the case concerned for technical reasons for which the carrier was not responsible; orb. it took all the organisational measures that can reasonably be required to prevent any violation of the duty to provide data.403 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 122c404 common provisions on penalties for air carriers 1 articles 122a and 122b apply irrespective of whether the duty of care or duty to provide data was violated in switzerland or abroad.2 the sem is responsible for imposing penalties for infringements under articles 122a and 122b.3 proceedings are governed by the administrative procedure act of 20 december 1968405. they must be opened:a. in cases of a violation of the duty of care: two years at the latest after the refusal of entry in question;b. in cases of a violation of the duty to provide data: two years at the latest after the date on which the data should have been provided in accordance with article 104 paragraph 1.404 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).405 sr 172.021chapter 17 fees art. 123 1 a fee may be charged for rulings and official acts in accordance with this act. cash outlays in connection with procedures in accordance with this act may be billed separately.2 the federal council shall determine the fees of the confederation as well as the limits for the cantonal fees.3 claims for money made under this act may be made without any formal procedure. the person concerned may request that a decision be issued.chapter 18 final provisions art. 124 supervision and implementation 1 the federal council shall supervise the implementation of this act.2 the cantons shall issue the required provisions for the implementation of this act.art. 125 repeal and amendment of current legislation the repeal and the amendment of current legislation are regulated in the annex.art. 126 transitional provisions 1 the previous legislation remains applicable to requests that were filed before commencement of this act.2 the procedure is governed by the new legislation.3 the time limits in terms of article 47 paragraph 1 begin with the commencement of this act if entry took place or the family ties originated before this time.4 the criminal provisions of this act apply to offences committed before the commencement of this act provided they are not as severe for the offenders.5 article 107 applies only to readmission and transit agreements concluded after 1 march 1999.6 on the commencement of the federal act of 20 june 2003406 on the information system for foreign nationals and asylum matters, articles 108 and 109 shall be repealed.406 sr 142.51art. 126a407 transitional provisions to the amendment of 16 december 2005 to the asyla408 1 if there is a reason to issue an intermediate or final account in accordance with article 87 of the asyla in the version of 26 june 1998409, before the commencement the amendment of 16 december 2005 of the asyla, the intermediate or final account and the netting of the account are effected in accordance with the previous legislation.2 the federal council shall regulate the accounting procedure as well as the extent and the duration the special charge and the confiscation of assets of temporarily admitted persons who were in employment before the commencement of the amendment of 16 december 2005 to the asyla and for whom there was no reason to issue a final account in accordance with paragraph 1 at the time of the amendment of 16 december 2005 of the asyla.3 the new legislation subject to paragraphs 1 and 2 of these transitional provisions applies to the procedures in accordance with articles 85-87 of the asyla in its version of 26 june 1998 that were pending at the time of the commencement the amendment of 16 december 2005 to the asyla.4 subject to the paragraphs 5-7, the new legislation applies to persons who were temporarily admitted at the time of the commencement of the amendment of 16 december 2005 to the asyla as well as of this act. if temporary admission was ordered on the basis of article 44 paragraph 3 of the asyla, it continues to apply.5 for persons who were admitted at the time of the commencement of the amendment of 16 december 2005, the confederation shall pay the cantons flat-rate payments in accordance with articles 88 paragraphs 1 and 2 and 89 of the asyla for the duration of temporary admission, but for a maximum of seven years from the date of entry. in addition the confederation shall pay the cantons to a one-time contribution for persons who were temporarily admitted at the time of the commencement of the amendment of 16 december 2005 to the asyla with the intention in particular of facilitating professional integration. the federal council shall determine the amount.6 the current legislation applies to procedures in accordance with article 20 paragraph 1 letter b of the federal act of 26 march 1931 on the residence and settlement of foreign nationals (anag) in its version of 19 december 2003410 that are pending at the time of the commencement of the amendment of 16 december 2005 to the asyla.7 if temporary admission was revoked in a legally binding decision before the commencement of the amendment of 16 december 2005 to the asyla, the confederation shall pay the cantons a one-time flat-rate payment of 15 000 francs, provided the persons concerned have not yet left switzerland.407 inserted by no iv 2 of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 3709).408 sr 142.31409 as 1999 2262410 as 2004 1633art. 126b411 transitional provision to the amendment of 11 december 2009 until the national visa system comes into force, articles 109c and 120d are worded as follows:.412411 inserted by art. 2 no 1 of the fd of 11 dec. 2009 on the approval and implementation of the exchange of notes between switzerland and the eu on the adoption of the regulation and decision concerning the visa information system (vis), in force since 11 oct. 2011 (as 2010 2063, 2011 4449; bbl 2009 4245).412 the amendments may be consulted under as 2011 4449.art. 126c413 transitional provision to the amendment of 20 june 2014 administrative criminal proceedings relating to a violation of the duty of care or duty to provide data that are pending when the amendment of 20 june 2014 to this act comes into force shall be continued under the previous law.413 inserted by no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 126d414 transitional provision to the amendment of 25 september 2015 to the asyla 1 the previous law applies for no longer than two years to asylum seekers whose application for asylum cannot be processed in the federal centres.2 in pending proceedings under articles 76 paragraph 1 letter b number 5 and 76a paragraph 3, article 80 paragraph 1 third sentence and paragraph 2bis, article 80a paragraphs 1 and 2 of this act and article 108 paragraph 4, 109 paragraph 3, 110 paragraph 4 letter b, 111 letter d asyla415 apply in their previous version.414 inserted by annex no 1 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).415 sr 142.31art. 127 coordination with the schengen association agreements with the commencement the schengen association agreements, this act shall be amended as follows:.416416 the amendments may be consulted under as 2007 5437.art. 128 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 2008417articles 92-95, and 127: 12 december 2008418417 fcd of 24 oct. 2007418 art. 2 let. a of the o of 26 nov. 2008 (as 2008 5405 art. 2 let. a).transitional provision to the amendment of 14 december 2012419 419 as 2013 4375; bbl 2010 4455, 2011 73251 subject to paragraph 2 below, the new law applies to proceedings that are pending at the time that the amendment of 14 december 2012 to this act comes into force.2 article 83 paragraphs 5 and 5bis of this act does not apply to proceedings that are pending at the time that the amendment of 14 december 2012 to this act comes into force.3 airport operators are responsible for making accommodation at the airport in accordance with article 95a available within two years of the amendment of 14 december 2012 to this act coming into force.annex 1420 420 inserted by no iii para. 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).(art. 2 para. 4 and 64a para. 4)1. schengen association agreements the schengen association agreements comprise:a. the agreement of 26 october 2004421 between the swiss confederation, the european union and the european community on the association of that state with the implementation, application and development of the schengen acquis (saa);b. the agreement of 26 october 2004422 in the form of an exchange of letters between the council of the european union and the swiss confederation on the committees that assist the european commission in the exercise of its executive powers;c. the agreement of 17 december 2004423 between the swiss confederation, the republic of iceland and the kingdom of norway on the implementation, application and development of the schengen acquis and on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in switzerland, iceland or norway;d. the agreement of 28 april 2005424 between the swiss confederation and the kingdom of denmark on the implementation, application and development of those parts of the schengen acquis that are based on the provisions of title iv of the treaty establishing the european community;e. the protocol of 28 february 2008425 between the swiss confederation, the european union, the european community and the principality of liechtenstein on the accession of the principality of liechtenstein to the agreement between the swiss confederation, the european union and the european community on the association of the swiss confederation with the implementation, application and development of the schengen acquis.421 sr 0.362.31422 sr 0.362.1423 sr 0.362.32424 sr 0.362.33425 sr 0.362.3112. dublin association agreements the dublin association agreements comprise:a. the agreement of 26 october 2004426 between the swiss confederation and the european community on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in a member state or in switzerland (daa);b. the agreement of 17 december 2004427 between the swiss confederation, the republic of iceland and the kingdom of norway on the implementation, application and development of the schengen acquis and on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in switzerland, iceland or norway;c. the protocol of 28 february 2008428 between the swiss confederation, the european community and the principality of liechtenstein to the agreement between the swiss confederation and the european community on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in a member state or in switzerland;d. the protocol of 28 february 2008429 between the swiss confederation, the european community and the principality of liechtenstein on the accession of the principality of liechtenstein to the agreement between the swiss confederation and the european community on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in a member state or in switzerland.426 sr 0.142.392.68427 sr 0.362.32428 sr 0.142.393.141429 sr 0.142.395.141annex 2430 430 originally: annex.(art. 125)repeal and amendment of current legislation ithe federal act of 26 march 1931431 on the residence and settlement of foreign nationals is repealed.iithe following federal acts are amended as follows:.432431 [bs 1 121; as 1949 221, 1987 1665, 1988 332, 1990 1587 art. 3 para. 2, 1991 362 no ii 11 1034 no iii, 1995 146, 1999 1111 2262 annex no 1, 2000 1891 no iv 2, 2002 685 no i 1 701 no i 1 3988 annex no 3, 2003 4557 annex no ii 2, 2004 1633 no i 1 4655 no i 1, 2005 5685 annex no 2, 2006 979 art. 2 no 1 1931 art. 18 no 1 2197 annex no 3 3459 annex no 1 4745, 2007 359 annex no 1]432 the amendments may be consulted under as 2007 5437.

142.31english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.asylum act(asyla)of 26 june 1998 (status as of 1 january 2021)the federal assembly of the swiss confederation,based on article 121 of the federal constitution1,2and having considered the federal council dispatch of 4 december 19953,decrees:1 sr 1012 amended by no i 1 of the fa of 1 oct. 2010 on the coordination of asylum and extradition proceedings, in force since 1 apr. 2011 (as 2011 925; bbl 2010 1467).3 bbl 1996 ii 1chapter 1 principles art. 1 subject matter this act regulates:a.the granting of asylum and the legal status of refugees in switzerland;b.the temporary protection of persons in need of protection in switzerland and their return.art. 2 asylum 1 in response to an application, switzerland grants asylum to refugees in accordance with this act.2 asylum includes the protection and the legal status granted in switzerland to persons on the basis of their refugee status. it includes the right to stay in switzerland.art. 3 definition of the term refugee 1 refugees are persons who in their native country or in their country of last residence are subject to serious disadvantages or have a well-founded fear of being exposed to such disadvantages for reasons of race, religion, nationality, membership of a particular social group or due to their political opinions.2 serious disadvantages include a threat to life, physical integrity or freedom as well as measures that exert intolerable psychological pressure. motives for seeking asylum specific to women must be taken into account.3 persons who are subject to serious disadvantages or have a well-founded fear of being exposed to such disadvantages because they have refused to perform military service or have deserted are not refugees. the provisions of the convention of 28 july 19514 relating to the status of refugees are reserved.54 persons who claim grounds based on their conduct following their departure that are neither an expression nor a continuation of a conviction already held in their native country or country of origin are not refugees. the provisions of the convention of refugee convention are reserved.64 sr 0.142.305 inserted by no ii of the fa of 28 sept 2012 (emergency amendments to the asylum act) (as 2012 5359; bbl 2010 4455, 2011 7325). amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).6 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 4 granting temporary protection switzerland may grant temporary protection to persons in need of protection as long as they are exposed to a serious general danger, in particular during a war or civil war as well as in situations of general violence.art. 5 ban on refoulement 1 no person may be forced in any way to return to a country where their life, physical integrity or freedom are threatened on any of the grounds stated in article 3 paragraph 1 or where they would be at risk of being forced to return to such a country.2 the ban on refoulement may not be invoked if there are substantial grounds for the assumption that, because the person invoking it has a legally binding conviction for a particularly serious felony or misdemeanour, they represent a threat to switzerland's security or are to be considered dangerous to the public.art. 67 procedural principles procedures are governed by the administrative procedure act of 20 december 19688 (apa), the federal administrative court act of 17 june 20059 and the federal supreme court act of 17 june 200510, unless this act provides otherwise.7 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).8 sr 172.0219 sr 173.3210 sr 173.110chapter 2 asylum seekers section 1 general provisions art. 6a11 competent authority 1 the state secretariat for migration (sem)12 decides on granting or refusing to grant asylum as well as on removal from switzerland.2 the federal council shall identify states in addition to the eu/efta states in which on the basis of its findings:13a.there is protection against persecution, as a safe native country or country of origin;b.there is efficient protection against refoulement as defined in article 5 paragraph 1, as a safe third country.3 it shall periodically review decisions made in terms of paragraph 2.4 it shall provide the competent committees of the federal assembly with the list of states in accordance with paragraph 2 letter a for consultation prior to any amendment and at least once each year.1411 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).12 the name of this administrative unit was amended by art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937), in force since 1 jan. 2015. this amendment has been made throughout the text.13 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).14 inserted by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 7 proof of refugee status 1 any person who applies for asylum must prove or at least credibly demonstrate their refugee status.2 refugee status is credibly demonstrated if the authority regards it as proven on the balance of probabilities.3 cases are not credible in particular if they are unfounded in essential points or are inherently contradictory, do not correspond to the facts or are substantially based on forged or falsified evidence. art. 8 duty to cooperate 1 asylum seekers are obliged to cooperate in establishing the facts. they must in particular:a.reveal their identity;b.15hand over their travel documents and identity papers;c.state at the interview why they are seeking asylum;d.indicate any evidence in full and submit this without delay or, as far as this seems reasonable, endeavour to acquire such evidence within an appropriate period;e.16cooperate in providing biometric data;f.17undergo a medical examination ordered by sem (art. 26a).2 asylum seekers may be required to arrange for the translation of foreign-language documents into one of switzerland's official languages.3 asylum seekers who reside in switzerland are obliged make themselves available to the federal and cantonal authorities during the procedure. they must inform the cantonal or communal authority competent under cantonal legislation (the cantonal authority) of their address and any change to this immediately.3bis persons, who fail to cooperate without valid reason or fail to make themselves available for more than 20 days lose their right to have the procedure continued. this also applies to persons who fail for more than 5 days to make themselves available to the asylum authorities in a federal centre without a valid reason. their applications are cancelled without a formal decision being taken. no new application may be filed within three years. the foregoing is subject to compliance with the refugee convention of 28 july 195118.194 in the event of an enforceable removal ruling being issued, the persons concerned are obliged to cooperate in obtaining valid travel documents.15 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).16 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).17 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).18 sr 0.142.3019 inserted by no i of the fa of 14 dec. 2012 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 9 search 1 the competent authority may search asylum seekers who are accommodated in a federal centre20 or in private or collective accommodation and the possessions they have with them for travel and identity documents as well as dangerous objects, drugs and assets of dubious origin.212 asylum seekers may only be searched by members of the same sex.20 term in accordance with no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991). this change has been made throughout the text.21 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 10 seizure and confiscation of documents 1 sem shall place asylum seekers' travel documents and identity papers on file.222 authorities and government offices shall seize and pass on to sem travel documents, identity papers or other documents which may indicate the identity of person who has applied for asylum in switzerland. paragraph 5 applies to recognised refugees.233 if the authority or government office seizing documents in accordance with paragraph 2 examine these with regard to their authenticity, sem must be notified of the results of this examination.4 forged and falsified documents as well as genuine documents which have been misused may be confiscated by sem or by the appellate authority or passed on to the agent.5 passports or identity papers that have been issued to refugees recognised in switzerland by their native country must be passed on to sem.2422 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).23 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).24 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 11 evidentiary procedure the asylum seeker may not express a view on the decision of the authority to conduct an evidentiary procedure to establish the facts of the case.art. 1225 notification and service when living in a canton 1 any ruling or communication sent to the last known address of asylum seekers or of their agents becomes legally binding on expiry of the statutory seven-day time-limit for collection, even if the persons concerned do not learn of this until later due to a special agreement with swiss post or if the delivery is returned as undeliverable.2 if the asylum seeker is represented by several agents and if these do not indicate a joint address for service, the authority shall give notification of its rulings or direct communications to the first agent authorised by the asylum seeker.3 notification may be given of rulings verbally and a summary statement of grounds provided. verbal notification must be recorded in minutes that include a statement of the grounds. a copy of the minutes must be given to the asylum seeker or to his or her agent.25 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 12a26 notification and service in federal centres 1 in federal centres, notification of rulings is given and documents are served by hand. if the asylum seeker has disappeared, notification and service are governed by article 12.2 if an asylum seeker has been assigned a legal representative, notification of rulings shall be given to and documents shall be served on the service provider tasked with providing legal representation. the provider shall inform the legal representative assigned of the notification or service on the same day as it is received.3 if an asylum seeker has not been assigned a legal representative, notification of rulings shall be given to and documents shall be served on the asylum seeker. an agent for the asylum seeker shall be informed immediately of the notification or service.4 verbal notification and summary justification are governed by article 12 paragraph 3.26 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 1327 notification and service in procedures at airports and in urgent cases 1 the competent authorities may also notify persons applying for asylum at the border or at the border control at a swiss airport (art. 21-23) of a ruling by providing them with a signed copy of the ruling that has been transmitted by fax. the persons concerned must confirm in writing that they have received the ruling; in the absence of such confirmation, the competent authority shall formally record that the ruling has been received. article 11 paragraph 3 of the apa28 does not apply. any agent shall be informed of the notification.2 article 12a applies mutatis mutandis to procedures at airports.3 in other urgent cases, sem may authorise a cantonal authority, a swiss diplomatic mission or a consular representation abroad (swiss representation) to notify those concerned of a ruling by providing them with a signed copy of the ruling that has been transmitted by fax.27 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).28 sr 172.021art. 1429 issues relative to the procedure for foreign nationals 1 from filing an asylum application to departure from switzerland in accordance with a legally binding removal order, following the withdrawal of an asylum application, or until the ordering of a substitute measure in the event that removal cannot be enforced, persons seeking asylum may not initiate any procedure for the granting of a residence permit under the law on foreign nationals unless they are entitled to be issued with such a permit.2 the canton may with consent of sem grant a person for whom it is responsible in terms of this act a residence permit if:30a.the person concerned has been a resident for a minimum of five years in switzerland since filing the asylum application;b.the place of stay of the person concerned has always been known by the authorities; c.in light of their advanced stage of integration, there is a case of serious personal hardship; andd.31there are no grounds for revocation under article 62 paragraph 1 of the foreign nationals and integration act of 16 december 200532 (fnia)33.3 if the canton wishes to take advantage of this opportunity, it shall inform sem without delay.4 the person concerned shall only have party status during sem's consent procedure.5 pending proceedings for the granting of a residence permit become irrelevant with the filing of an asylum application.6 residence permits remain valid and may be extended in accordance with the provisions of the law on foreign nationals.29 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2007 (as 2006 4745 4767; bbl 2002 6845).30 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).31 inserted by no i of the fa of 14 dec. 2012 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). amended by no iv 4 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).32 sr 142.2033 the title was amended on 1 jan. 2019 pursuant to art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512). this amendment has been made throughout the text.art. 15 intercantonal offices the cantons may establish intercantonal offices to fulfil the duties assigned to them in accordance with this act, in particular for the hearing, preparation of the decision and the enforcement of any removal order.art. 16 procedural language 1 submissions may be made to the federal authorities in any official language. the federal council may require submissions made in federal centres by asylum seekers who are represented by an agent to be in the official language of the canton where the federal centre is located.342 sem rulings or interim rulings are issued in the official language spoken at the asylum seeker's place of residence.353 sem may derogate from paragraph 2 if:a.the asylum seeker or his or her legal representative has a good command of a different official language;b.this is required to deal with applications efficiently and on time taking account of the number of applications received and the staff situation;c.the asylum seeker is allocated to a canton with a different official language by a federal centre.3634 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).35 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).36 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 17 special procedural provisions 1 the provision of the administrative procedure act of 20 december 196837 on legal holidays does not apply to asylum proceedings.2 the federal council shall issue supplementary provisions on the asylum procedure, in particular to give consideration to the special situation of women and minors in the procedure.2bis applications for asylum made by unaccompanied minors shall be processed as a priority.383 the interests of unaccompanied minor asylum seekers are taken care of for the duration of the procedure:a.in a federal centre or at an airport by a person nominated as the trusted person by the legal representative; this person is responsible for coordination with the cantonal authorities; orb.by a trusted person to be nominated immediately by the competent cantonal authorities, following allocation to the canton.393bis if there are indications that an alleged foreign minor has reached the age of majority, sem may arrange an expert report on that person's age.404 .415 on notification of a decision under article 23 paragraph 1, 31a or 111c, sem shall send the asylum seeker or his or her agent the case files at the same time if enforcement of the removal order has been ordered.426 the federal council shall determine the role, responsibilities and duties of the trusted person.4337 sr 172.02138 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).39 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).40 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).41 inserted by no i of the fa of 16 dec. 2005 (as 2006 4745, bbl 2002 6845). repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).42 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).43 inserted by annex no i 2 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).art. 17a44 fees for services sem may charge third parties fees and outlays for services.44 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 17b45 45 inserted by no i of the fa of 16 dec. 2005 (as 2006 4745 4767; bbl 2002 6845). repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).section 2 application for asylum and entry art. 18 application for asylum any statement a person makes indicating that they are seeking protection in switzerland from persecution elsewhere shall be regarded as an application for asylum.art. 1946 filing an application 1 the application for asylum must be filed at a border control point at a swiss airport, on entry at an open border crossing or in a federal centre. article 24a paragraph 3 is reserved.2 an application may only be filed by a person who is at the swiss border or on swiss territory.46 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 2047 47 repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 2148 application for asylum made at the border, following detention in the vicinity of the border, on illegal entry or within switzerland 1 persons who request asylum at the border or following their detention for illegal entry in the vicinity of the border or within switzerland shall be assigned to a federal centre by the competent authorities. article 24a paragraph 3 is reserved.492 sem shall verify its competence to carry out the asylum procedure, taking account of the provisions of the dublin association agreements.3 the dublin association agreements are listed in annex 1.48 amended by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).49 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 2250 procedure at the airport 1 in the case of persons who apply for asylum at a swiss airport, the competent authority shall record their personal details and take their fingerprints and photographs. it may record additional biometric data and summarily question asylum seekers about their itinerary and the reasons for leaving their country.511bis sem shall verify its competence to carry out the asylum procedure, taking account of the provisions of the dublin association agreements.521ter it shall authorise entry if switzerland is competent to carry out the asylum procedure in accordance with regulation (eu) no 604/201353 and the asylum seeker:54a.appears to be at risk for any of the grounds stated in article 3 paragraph 1 or under threat of inhumane treatment in the country from which they have directly arrived; orb.establishes that the country from which they have directly arrived would force them, in violation of the ban on refoulement, to return to a country in which they appear to be at risk.552 if, on the basis of the measures in accordance with paragraph 1 and the verification in accordance with paragraph 1bis, it is not immediately possible to determine whether the requirements for an entry permit in accordance with article 1ter are fulfilled, entry shall be temporarily denied.562bis in order to avoid cases of hardship, the federal council may specify the additional cases in which entry will be authorised.573 if sem denies entry to asylum seekers, it shall provide them with a place of stay and appropriate accommodation. it bears the cost of the accommodation. airport operators are responsible for providing reasonably priced accommodation.583bis the confederation shall guarantee free counselling and legal representation to persons who submit a request for asylum at a swiss airport, analogously to the provisions of articles 102f-102k.594 the asylum seeker must be informed about the decision on denial of entry and on the allocation of a place of stay within two days of filing the application and be notified of their rights of appeal. prior to this, the asylum seeker shall be granted a hearing in accordance with the law.605 asylum seekers may be held at the airport or exceptionally at another location for a maximum of 60 days. on the issue of a legally binding removal order, asylum seekers may be transferred to a prison specifically for deportees.6 sem may thereafter allocate asylum seekers to a canton or a federal centre. in all other cases, the further procedure at the airport is regulated by articles 23, 29, 36 and 37.6150 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).51 amended by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).52 inserted by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).53 council regulation (eu) no 604/2013 of 26 june 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national; (new version), amended by oj l 180 of 29.6.2013, p. 31.54 amended by annex no i 2 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).55 inserted by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).56 amended by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).57 inserted by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).58 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). see also the transitional provisions to this amendment at the end of the text.59 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).60 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).61 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 2362 decisions at the airport 1 if sem does not grant entry into switzerland, it may dismiss or reject the application for asylum.632 notification must be given of the decision within 20 days of the application being filed. if the procedure lasts longer, sem shall allocate the asylum seeker to a canton or a federal centre.6462 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).63 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).64 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).section 2a federal centres65 65 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991). art. 2466 federal centres 1 the confederation shall establish centres, which are managed by sem. the confederation shall follow the principles of expediency and cost efficiency. 2 the confederation shall involve the cantons and communes in establishing the centres from an early stage.3 asylum seekers shall be accommodated in a federal centre from submission of a request for asylum: a.under the accelerated procedure, until they are granted asylum or temporary admission, or until they leave the country;b.under the dublin procedure, until they leave the country;c.under the extended procedure, until they are allocated to a canton.4 the maximum duration of stay in federal centres is 140 days. allocation to a canton shall take place after this period has elapsed. 5 a reasonable extension may be made to this period if it allows the asylum procedure to be concluded promptly or enables removal. the federal council shall determine the detailed rules for extending a stay in federal centres beyond the end of this period.6 allocation to a canton may take place before the end of the period, in particular if there is a large and rapid rise in the number of asylum requests. distribution and allocation are governed by article 27.66 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 24a67 special centres 1 asylum seekers who pose a significant danger to public safety and order or who significantly disrupt the operation and security of federal centres shall be accommodated in special centres, which shall be established and managed by sem or by cantonal authorities. a person accommodated in a special centre shall be issued with a restriction or exclusion order under article 74 paragraph 1bis fnia68; the procedure is governed by article 74 paragraphs 2 and 3 fnia. 2 asylum seekers allocated to a canton may be accommodated under the same conditions in the special centres. the confederation and the cantons shall share the costs proportionally to their use of the centres.3 the same procedures as in federal centres under article 24 may be carried out in special centres; an exception is the submission of a request for asylum.4 the handling of requests for asylum by persons in special centres and the implementation of any removal decisions shall be prioritised.67 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).68 sr 142.20art. 24b69 operation of the centres 1 sem may task third parties with ensuring the safe operation of federal centres. these third parties shall be bound by the same confidentiality requirement as federal personnel.2 the federal department of justice and police (fdjp) shall adopt provisions which ensure that procedure is swift and the operation is orderly in the federal centres. 69 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 24c70 temporary use of federal military buildings and installations 1 federal military buildings and installations may be used without cantonal or communal authorisation to accommodate asylum seekers for a maximum of three years provided the change in use does not require substantial structural measures and there is no significant change in the occupancy of the installation or building.2 the following in particular do not constitute substantial structural measures within the meaning of paragraph 1:a.normal maintenance work on buildings and installations;b.minor structural alterations;c.the installation of equipment of secondary importance such as sanitary facilities or water and electricity connections;d.movable structures.3 the same buildings or installations in terms of paragraph 1 may only be used again after a period of two years has elapsed, unless the canton and the commune concerned agree to dispense with this period; the exceptions in accordance with article 55 are reserved.4 after consulting the canton and commune concerned, the confederation shall give notice to them of any change in use at the latest 60 days before the accommodation comes into operation.70 inserted by no i of the fa of 25 sept. 2015, in force since 1 jan. 2018 (as 2016 3101, 2017 6171; bbl 2014 7991).art. 24d71 accommodation in cantonal and communal centres 1 asylum seekers may be accommodated in a centre run by a canton or commune if there are not sufficient places in the federal centres under article 24. the agreement of the canton concerned is required for accommodating asylum seekers in a communal centre.2 the canton or the commune concerned:a.shall ensure suitable accommodation, care and activities for the asylum seekers;b.shall provide social assistance or emergency aid;c.shall provide medical care and primary school education for children;d.shall take the security measures necessary to ensure orderly operation.3 the canton or the commune concerned may delegate the tasks listed in paragraph 2 to third parties, either partially or in full.4 the provision of social assistance and emergency aid is governed by cantonal law.5 the confederation shall make federal contributions by agreement to the canton or commune concerned to compensate for the administrative, staff and other costs which arise from fulfilling the tasks listed in paragraph 2. the compensation shall be fixed as a lump sum. in exceptional cases, the contributions may be fixed on the basis of expenditure, especially in the case of non-recurring costs.6 the other provisions concerning federal centres apply mutatis mutandis to cantonal and communal centres. in the centres defined in paragraph 1, the same procedures may be carried out as in federal centres as defined in article 24. 71 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 24e72 additional measures the confederation and the cantons shall take measures to respond promptly to changes in the number of requests for asylum with the resources required, in particular regarding accommodation, staff and finance, or with further measures.72 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).section 3 procedure at first instance art. 2573 73 repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 25a74 74 inserted by no i of the fa of 14 dec. 2012 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 2675 preparatory phase 1 after the application for asylum has been filed, the preparatory phase begins. under the dublin procedure, it lasts no more than 10 days, and under other procedures no more than 21 days.2 in the preparatory phase, sem records the asylum seekers' personal details and normally takes their fingerprints and photographs. it may collect additional biometric data, prepare reports on a person's age (art. 17 para. 3bis), verify evidence and travel and identity documents and make enquiries specific to origin and identity. 3 sem shall inform asylum seekers of their rights and obligations in the asylum procedure. it may question the asylum seekers about their identity and their itinerary, and summarily about the reasons for leaving their country. at this point, sem may also ask about any commercial human trafficking. it shall discuss with the asylum seeker whether there is sufficient justification for their request for asylum. if this is not the case and if the asylum seeker withdraws the request, the request shall be cancelled without a formal decision being taken and preparations made for the return journey.4 the comparison of data under article 102abis paragraphs 2-3, the examination of fingerprints under article 102ater paragraph 1 and the request for admission or readmission to the competent state bound by one of the dublin association agreements is made during the preparatory phase. 5 sem may delegate the tasks under paragraph 2 to third parties. third parties are subject to the same duty of confidentiality as federal personnel.75 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 26a76 establishing medical condition 1 immediately after filing their application, but at the latest at the interview on the grounds for asylum under article 36 paragraph 2 or being granted a hearing under article 36 paragraph 1, asylum seekers must state any serious health problems of relevance to the asylum and removal procedures of which they were aware when filing the application for asylum.2 sem appoints a competent medical specialist to investigate matters contended under paragraph 1. article 82a applies mutatis mutandis. sem may delegate the required medical duties to a third party.3 medical problems that are claimed later or established by another medical specialist may be taken into account in the asylum and removal procedures if they are proven. the provision of prima facie evidence suffices by way of exception if there are excusable grounds for the delay or proof cannot be provided in the case in question for medical reasons. sem may call in an independent medical examiner.76 originally art. 26bis. inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). see also the transitional provisions to this amendment at the end of the text.art. 26b77 dublin procedure the procedure with view to a decision under article 31a paragraph 1 letter b begins with submission of a request to a dublin state for the admission or readmission of the asylum seeker. it lasts until the asylum seeker is transferred to the dublin state responsible or until it is terminated and a decision is taken about implementing an accelerated or extended procedure.77 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 26c78 accelerated procedure after the preparatory phase, the accelerated procedure shall commence immediately with an interview on the grounds for asylum or the granting of a hearing under article 36. the federal council shall lay down the individual steps of the procedure. 78 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 26d79 extended procedure if it is clear after the interview on the grounds for asylum that a decision cannot be made under the accelerated procedure, namely because further investigation is required, the asylum seeker shall be assigned to the extended procedure and be allocated to a canton under article 27.79 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 27 distribution and allocation to the cantons80 1 the cantons shall reach an agreement on the distribution of asylum seekers.1bis the special services provided by cantons where federal centres or airports are located shall be appropriately taken into account in the distribution of asylum seekers.812 if the cantons cannot reach an agreement, the federal council shall, after hearing them, set out the criteria for distribution in an ordinance.3 sem shall allocate asylum seekers to the cantons (cantons of allocation).82 in doing so, it shall take account of the interests of the cantons and of the asylum seekers that are worthy of protection. asylum seekers may only contest the decision on allocation if it violates the principle of family unity.4 persons whose removal has been ordered and in respect of whom a decision on asylum has become legally binding in a federal centre or whose request for asylum was cancelled in a federal centre83 shall not be allocated to a canton. 80 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).81 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).82 amended by no i 2 of the fa of 19 dec. 2003 on the budgetary relief programme 2003, in force since 1 apr. 2004 (as 2004 1633; bbl 2003 5615).83 inserted by no i 2 of the fa of 19 dec. 2003 on the budgetary relief programme 2003, (as 2004 1633; bbl 2003 5615). amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 28 allocation of a place of stay and accommodation 1 sem or the cantonal authorities may allocate asylum seekers to a place of stay.2 they may allocate asylum seekers accommodation, and in particular accommodate them as a group. the cantons shall ensure that this procedure is operated efficiently; they may lay down provisions and take measures.8484 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 2985 interview on the grounds for asylum 1 sem shall interview asylum seekers on their grounds for asylum; the interview shall take place in a federal centre.1bis if necessary, it shall call in an interpreter.2 the asylum seekers may be accompanied additionally at their own expense a person and an interpreter of their choice who are not themselves asylum seekers.3 minutes shall be taken of the interview. they shall be signed by those participating in the interview.85 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 29a86 cooperation in establishing the circumstances the federal council may enter into agreements with third countries and international organisations on cooperation in establishing the circumstances of cases. it may in particular enter into agreements on a mutual exchange of information in order to establish the motives for seeking asylum of an asylum seeker in his or her native country or country of origin, his or her itinerary and his or her stay in a third country.86 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 3087 87 repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 3188 preparation of decisions by the cantons the fdjp may with the consent of the cantons determine that cantonal officials prepare the decisions on behalf of and under the supervision of sem.88 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 31a89 sem decisions 1 sem shall normally dismiss an application for asylum if the asylum seeker:a.can return to a safe third country under article 6a paragraph 2 letter b in which he or she was previously resident:b.can travel to a third country that is responsible under an international agreement for conducting the asylum and removal procedures;c.can return to a third country in which he or she was previously resident;d.can continue to a third country for which he or she holds a visa and in which he or she can seek protection;e.can continue to a third country in which persons with whom he or she has a close relationship or dependants live;f.90can be removed to their native country or country of origin under article 31b.2 paragraph 1 letters c-e do not apply if there are indications in the case in question that the third country does not provide effective protection against refoulement in terms of article 5 paragraph 1.3 sem shall dismiss an application that fails to meet the requirements of article 18. this applies in particular if the application for asylum is made exclusively for economic or medical reasons.4 in the other cases, sem shall reject the application for asylum if refugee status has neither been proven nor credibly demonstrated or there are grounds for denying asylum under articles 53 and 54.9189 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).90 inserted by no i of the fa of 26 sept. 2014, in force since 1 july 2015 (as 2015 1871; bbl 2014 3373).91 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 31b92 recognition of asylum and removal decisions made in dublin states 1 an asylum seeker in respect of whom a negative asylum decision and a legally binding removal decision has been issued in a state that is bound by one of the dublin association agreements (dublin state) may be removed directly to their native country or country of origin in accordance with the requirements of directive 2001/40/ec93 if:a.the competent dublin state has not executed any removals to the asylum seeker's native country or country of origin for a long period; andb.it is likely that removal from switzerland can be executed quickly.2 sem shall obtain the information required to execute the removal from the competent authorities of the dublin state concerned and make the necessary arrangements.92 inserted by no i of the fa of 26 sept. 2014, in force since 1 july 2015 (as 2015 1871; bbl 2014 3373).93 council directive 2001/40/ec of 28 may 2001 on the mutual recognition of decisions on the expulsion of third country nationals, oj l 149 of 2.6.2001, p. 34.art. 32-3594 94 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 35a95 resumption of asylum proceedings under the dublin procedure if switzerland is responsible for assessing an asylum application on the basis of regulation (eu) no 604/201396, the asylum proceedings shall be resumed, even if the asylum application had previously been dismissed.95 inserted by no i of the fa of 16 dec. 2005 (as 2006 4745; bbl 2002 6845). amended by annex no i 2 of the fd of 26 sept. 2014 (adoption of r[eu] establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).96 see footnote to art. 22 para. 1ter.art. 3697 procedure prior to a decision 1 if it is decided to dismiss an application under article 31a paragraph 1, the asylum seeker is granted a hearing. the same applies if the asylum seeker:a.deceives the authorities as to his or her identity and this deception is confirmed by the results of the identification procedure or other evidence;b.bases his or her application primarily on forged or falsified evidence;c.seriously and culpably fails to cooperate in some other way.2 in the other cases, an interview is held under article 29.97 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 3798 procedural deadlines in the first instance 1 notice of decisions under the dublin procedure (art. 26b) must be given within three working days after the dublin state to which the request was directed has agreed to the transfer request under articles 21 and 23 of regulation (eu) no 604/201399.2 notice of decisions under the accelerated procedure (art. 26c) must be given within eight days of the conclusion of the preparatory phase.3 if there are valid reasons and it is foreseeable that the decision can be taken in a federal centre, the time limits laid down in paragraphs 1 and 2 may be exceeded by a few days.4 decisions under the extended procedure (art. 26d) must be taken within two months of the conclusion of the preparatory phase.5 in other cases, decisions to dismiss an application must be made within five working days and decisions must be made within ten working days of the application being filed.6 sem shall decide as a priority and immediately if the person seeking asylum is in detention pending extradition on the basis of a request by a state which the asylum seeker is seeking protection from in switzerland. this also applies when the person has been made subject to an expulsion order under article 66a or 66abis of the criminal code (scc)100 or article 49a or 49abis of the military criminal code of 13 june 1927101 (mcc).98 amended by no i, paras 4 and 6 in accordance with no iv 2 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).99 council regulation (eu) no 604/2013 of 26 june 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national; (new version), amended by oj l 180 of 29.6.2013, p. 31.100 sr 311.0101 sr 321.0art. 37a102 grounds decisions to dismiss an application must be accompanied by a summary statement of grounds.102 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 37b103 sem processing strategy sem shall set out in a processing strategy which applications for asylum shall be processed as a priority. in doing so, it shall pay particular attention to the statutory time limits, the situation in the countries of origin, the evident merits or otherwise of the applications and the conduct of the asylum seekers.103 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 38104 104 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 39105 granting temporary protection if, as a result of questioning at the federal centre or at the interview, it is obvious that asylum seekers belong to a group of persons in need of protection in accordance with article 66, they shall be granted temporary protection.105 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 40 rejection without further investigations 1 if, as a result of the interview, it is obvious that asylum seekers are unable to prove or credibly demonstrate their refugee status and there are no grounds preventing their removal, the application shall be rejected without further investigations.2 the decision must at least be summarily substantiated.106106 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 41107 107 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 41a108 coordination with the extradition proceedings if the person seeking asylum is the subject of an application for extradition in accordance with the mutual assistance act of 20 march 1981109, sem shall consult the files on the extradition proceedings when deciding on the asylum application.108 inserted by no i 1 of the fa of 1 oct. 2010 on the coordination of asylum and extradition proceedings, in force since 1 apr. 2011 (as 2011 925; bbl 2010 1467).109 sr 351.1section 4 status of asylum seekers during the procedure art. 42110 stay during the asylum procedure any person who applies for asylum in switzerland may stay in switzerland until the conclusion of the procedure.110 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 43 authorisation for gainful employment 1 while staying in federal centres, asylum seekers may not be gainfully employed.1111bis the additional requirements for authorising gainful employment are governed by the federal act of 16 december 2005112 on foreign nationals (fnia).1132 if an application for asylum is rejected in a legally binding decision, authorisation for gainful employment expires on expiry of the period specified for departure, even if an extraordinary legal remedy has been applied for and the enforcement of removal has been suspended. if sem extends the departure period as part of the ordinary procedure, gainful employment may continue to be authorised. gainful employment may not be authorised during proceedings under article 111c.1143 the fdjp may, in agreement with the federal department of economic affairs, education and research authorise the cantons to extend permits for certain categories of persons to be gainfully employed beyond the expiry of the departure period, provided special circumstances justify this. this also applies mutatis mutandis to asylum proceedings under article 111c.1153bis the federal council may issue a temporary ban on employment for certain groups of asylum seekers.1164 asylum seekers who are entitled to be gainfully employed in accordance with the immigration provisions or who participate in occupational programmes are not subject to the ban on employment.117111 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).112 sr 142.20113 inserted by annex no ii 1 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437, 2008 5405; bbl 2002 3709).114 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).115 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).116 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).117 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).section 5 enforcement of removal orders and alternative measures118 118 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 44119 removal and temporary admission 1 if sem rejects or dismisses the application for asylum, it shall normally order and enforce removal from switzerland; however, in doing so it shall take account of the principle of family unity. in addition, articles 83 and 84 fnia120 apply to the enforcement of the removal order.119 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).120 sr 142.20art. 44a121 121 inserted by no i 2 of the fa of 19 dec. 2003 on the 2003 budgetary relief programme (as 2004 1633; bbl 2003 5615). repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 45 removal order122 1 the removal order shall indicate:a.the obligation of the asylum seeker to leave switzerland;b.the time by which the asylum seeker must have left switzerland; where temporary admission has been granted, the departure date is determined when the decision is made to revoke temporary admission;c.123the coercive measures that may be applied;d.if applicable, the designation of the states to which the asylum seeker may not be returned;e.if applicable, the ordering of an alternative measure instead of enforcing the removal order;f.the designation of the canton responsible for the enforcement of the removal order or the alternative measure.2 on issuing the removal order, an appropriate departure period of between seven and thirty days must be set. the period is seven days in the case of decisions taken under the accelerated procedure. under the extended procedure, the period is between seven and thirty days.124 2bis a longer period must be set or the departure period extended if special circumstances such as the family situation, health problems or a long period of stay so require.1253 the removal order must be enforced immediately or a departure period of less than seven days may be set where the person concerned is being removed under the dublin association agreements126.1274 the asylum seeker must be provided with an information sheet with an explanation of the removal order.128122 amended by art. 2 no 2 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).123 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).124 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).125 amended by art. 2 no 2 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).126 these agreements are listed in annex 1.127 inserted by art. 2 no 2 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).128 inserted by art. 2 no 2 of the fd of 18 june 2010 on the adoption of the ec directive on the return of illegal immigrants (directive 2008/115/ec), in force since 1 jan. 2011 (as 2010 5925; bbl 2009 8881).art. 46 enforcement by the cantons 1 the canton of allocation is obliged to enforce the removal order.1291bis during an asylum seeker's stay in a federal centre, the canton responsible for enforcing the removal order is the canton where the centre is located. for persons defined under article 27 paragraph 4, the canton concerned remains responsible for enforcing the removal order even after the person's stay in a federal centre. the federal council may in special circumstances allow for a canton other than the canton concerned to be allocated this responsibility.1301ter in the case of a multiple request under article 111c, the canton responsible under the previous asylum and removal procedure remains responsible for removal and administering emergency care.1312 if enforcement provides impossible for technical reasons, the canton shall apply to sem for a system for monitoring the enforcement of removal.1323 sem supervises enforcement and, working with the cantons, shall establish a system for monitoring the enforcement of removal.133129 amended by no i 2 of the fa of 19 dec. 2003 on the 2003 budgetary relief programme, in force since 1 apr. 2004 (as 2004 1633 1647; bbl 2003 5615).130 inserted by no i 2 of the fa of 19 dec. 2003 on the budgetary relief programme 2003, (as 2004 1633; bbl 2003 5615). amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).131 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).132 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).133 inserted by no i of the fa of 25 sept. 2015, in force since 1 oct. 2016 (as 2016 3101; bbl 2014 7991).art. 47 measures where the place of stay is unknown if asylum seekers subject to a removal order avoid enforcement of the order by concealing their place of stay, the canton or sem may arrange for their registration in the police system for tracing missing persons.art. 48 cantonal cooperation if asylum seekers are not located in the canton responsible for the enforcing the removal order, the canton of stay shall provide administrative assistance on request. administrative assistance includes in particular delivering the person concerned to the competent canton or deporting them directly.chapter 3 granting of asylum and legal status of refugees section 1 granting of asylum art. 49 principle asylum is granted to persons if they have refugee status and there are no grounds for denying asylum.art. 50 country of second asylum refugees who have been admitted as such to another state may be granted asylum if they have resided in switzerland in a law-abiding manner and without interruption for a minimum of two years.art. 51 family asylum 1 spouses or registered partners of refugees and their minor children shall be recognised as refugees and granted asylum provided there are no special circumstances that preclude this.1341bis if, during the asylum procedure, sem has reason to believe that there are grounds under article 105 number 5 or 6 of the civil code135 (cc) for the marriage to be annulled, they shall report this to the competent authority under article 106 cc. the procedure shall be suspended until this authority makes its decision. if the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.1362 .1373 children born in switzerland to refugee parents shall be recognised as refugees, provided if there are no special circumstances that preclude this.1384 if the persons entitled under paragraphs 1 were separated during flight and are now abroad, their entry must be authorised on request.1395 .140134 amended by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).135 sr 210136 inserted by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).137 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).138 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).139 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).140 repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2007 (as 2006 4745 4767; bbl 2002 6845).art. 52 1 .1412 .142141 repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).142 repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 53143 unworthiness of refugee status refugees shall not be granted asylum if:a.they are unworthy of it due to serious misconduct;b.they have violated or endanger switzerland's internal or external security; orc.they have been made subject to an expulsion order under article 66a or 66abis scc144 or article 49a or 49abis mcc145.143 amended by annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).144 sr 311.0145 sr 321.0art. 54 subjective post-flight grounds refugees shall not be granted asylum if they became refugees in accordance with article 3 only by leaving their native country or country of origin or due to their conduct after their departure.art. 55 exceptional situations 1 in times of increased international tension, in the event of the outbreak of an armed conflict in which switzerland is not involved, or in the event of an exceptionally large influx of asylum seekers in times of peace, switzerland shall grant asylum to refugees as long as the circumstances permit.2 the federal council shall take the required measures. it may, in derogation from the law, restrict the requirements for granting asylum and the legal status of the refugees and issue special procedural provisions. it shall submit a report on this to the federal assembly immediately.3 if switzerland's capacity to permanently accommodate refugees is exceeded, asylum may only be granted temporarily until those admitted are able to go elsewhere.4 if it becomes apparent that a considerable number of refugees are coming to switzerland, the federal council shall seek rapid and effective international cooperation with a view to their reallocation to other countries.section 2 asylum for groups art. 56 decision 1 a federal council decision is required for asylum to be granted to large groups of refugees. the department shall decide in the case of smaller groups of refugees.2 sem shall determine who belongs to such a group.art. 57 allocation and initial integration 1 for the allocation of the refugees to the cantons, article 27 applies.2 the confederation may in the interests of initial integration temporarily allocate groups of refugees to accommodation and, in particular house them in an initial integration centre.section 3 legal status of refugees art. 58 principle the legal status of refugees in switzerland is governed by the law applicable to foreign nationals, unless special provisions, in particular of this act and of the refugee convention of 28 july 1951146, apply.146 sr 0.142.30art. 59147 effect persons to whom switzerland has granted asylum or who fulfil the requirements for refugee status are deemed in their relations with all federal and cantonal authorities to be refugees within the meaning of this act and the convention of 28 july 1951148 relating to the status of refugees.147 amended by annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).148 sr 0.142.30art. 60149 regulation of stay 1 persons to whom asylum has been granted have the right to a residence permit in the canton in which they legally stay.2 the granting of a permanent residence permit is governed by article 34 fnia150.151149 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).150 sr 142.20151 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 61152 gainful employment 1 persons to whom switzerland has granted asylum or whom switzerland has temporarily admitted as refugees and refugees subject to a legally enforceable expulsion order under article 66a or 66abis scc153 or article 49a or 49abis mcc154 may be gainfully employed anywhere in switzerland provided salary and employment conditions customary for the location, profession and sector are satisfied (art. 22 fnia155).1562 the employer must report the start, end or change of employment to the cantonal authority responsible for the place of work in advance. the reporting procedure is governed by article 85a paragraphs 2-6 fnia. 3 paragraph 2 does not apply to recognised refugees who hold a permanent residence permit.152 amended by annex no 1 of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2019 (as 2017 6521, 2018 3171; bbl 2013 2397, 2016 2821).153 sr 311.0154 sr 321.0155 sr 142.20156 amended by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 62 medical examinations persons to whom switzerland has granted asylum shall be permitted to sit federal medical examinations; the federal department of home affairs shall determine the requirements.section 4 termination of asylum art. 63 revocation 1 sem shall revoke asylum or deprive a person of refugee status:a.if the foreign national concerned has fraudulently obtained asylum or refugee status by providing false information or by concealing essential facts;b.if any of the grounds stated in article 1 letter c numbers 1-6 of the refugee convention of 28 july 1951157 apply.1bis it shall deprive a person of refugee status if the refugee concerned travels to his or her native country or country of origin. it shall not deprive a person of refugee status if the person concerned credibly demonstrates that the journey to his or her native country or country of origin was made under duress.1582 sem shall revoke asylum if a refugee:a.has violated or represents a threat to switzerland's internal or external security or has committed a particularly serious criminal offence;b.has failed to comply with a travel ban under article 59c paragraph 1 second sentence fnia159.1603 the revocation of asylum or the deprivation of refugee status applies in relation to all federal and cantonal authorities.4 the revocation of asylum or the deprivation of refugee status does not extend to the spouse or the children of the person concerned.161157 sr 0.142.30158 inserted by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).159 sr 142.20160 amended by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685).161 amended by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).art. 64 expiry 1 asylum in switzerland shall expire if:a.162the refugee has lived more than one year abroad;b.the refugee has been granted asylum or permission to stay permanently in another country;c.the refugee renounces their refugee status;d.163an order for removal or expulsion has been executed;e.164an expulsion order under article 66a or 66abis scc165 or article 49a or 49abis mcc166 has become legally enforceable.2 sem may extend the deadline in accordance with paragraph 1 letter a under special circumstances.3 refugee status and asylum shall expire if the foreign national acquires swiss nationality in accordance with article 1 number c letter 3 of the refugee convention of 28 july 1951167.168162 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).163 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).164 inserted by annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).165 sr 311.0166 sr 321.0167 sr 0.142.30168 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 65169 removal or expulsion refugees may be expelled only if they endanger switzerland's internal or external security or have seriously violated public order, subject to article 5. the removal or expulsion of refugees is governed by article 64 fnia170 in conjunction with article 63 paragraph 1 letter b and article 68 fnia. article 5 is reserved.169 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).170 sr 142.20chapter 4 granting temporary protection and the legal status of persons in need of protection section 1 general provisions art. 66 policy decision of the federal council 1 the federal council shall decide whether and according to which criteria switzerland will grant temporary protection to groups of persons in need of protection in accordance with article 4.2 before doing so, it shall consult representatives of the cantons, the charitable organisations and if need be additional non-governmental organisations as well as the office of the united nations high commissioner for refugees.art. 67 foreign policy measures 1 the granting of temporary protection as well as measures and assistance in the native country or country of origin or in the region of origin of the persons in need of protection should complement one another as far as possible.2 the confederation shall work with the native country or country of origin, other host countries and international organisations to create the conditions for the safe return of the persons in need of protection.section 2 procedure art. 68 persons in need of protection abroad 1 sem shall define the group of persons in need of protection in detail and decide who will be granted temporary protection in switzerland. in doing so, it shall take account of the principle of family unity.2 the decision on granting temporary protection may only contested on the grounds that it violates the principle of family unity.3 .171171 repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 69 persons in need of protection at the border or in switzerland 1 articles 18 and 19 and 21-23 apply mutatis mutandis to applications filed at the border or in switzerland by persons in need of protection.1722 if there is no obvious persecution in terms of article 3, sem shall, following questioning at the federal centre in accordance with article 26, determine who belongs to a group of persons in need of protection and who will be granted temporary protection in switzerland. there is no appeal against the decision on whether to grant temporary protection.3 if a person is granted temporary protection, the procedure for any application for recognition as a refugee shall be suspended.4 if sem intends to refuse temporary protection, it shall continue the procedure for recognition as a refugee or the removal proceedings immediately.172 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 70 resumption of the procedure for recognition as a refugee persons in need of protection who have filed an application for recognition as a refugee may request the resumption of the procedure for recognition as a refugee at the earliest five years following the decision to suspend the procedure in accordance with article 69 paragraph 3. on the resumption of this procedure, temporary protection shall be revoked.art. 71 granting temporary protection to families 1 spouses of persons in need of protection and their minor children shall be granted temporary protection if:173a.they apply for protection together and there are no grounds for rejection in terms of article 73;b.the family was separated by events such as those cited in article 4, wishes to be reunited in switzerland and there are no special circumstances that preclude this.1bis if, during the procedure to grant temporary protection, sem has reason to believe that there are grounds under article 105 number 5 or 6 cc174 for the marriage to be annulled, they shall report this to the competent authority under article 106 cc. the request for reunification shall be suspended until this authority makes its decision. if the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.1752 children born in switzerland to persons in need of protection shall also be granted temporary protection.3 if the persons entitled to protection are abroad, their entry must be authorised.4 the federal council shall regulate the requirements for family reunion in switzerland in other cases.173 amended by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).174 sr 210175 inserted by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).art. 72176 procedure in addition, the provisions of sections 1, 2a and 3 of chapter 2 apply mutatis mutandis to the procedure in accordance with articles 68, 69 and 71. the provisions of chapter 8 apply mutatis mutandis to the procedures laid down in articles 69 and 71. 176 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 73177 grounds for rejection temporary protection shall not be granted if the person in need of protection: a.has committed an act falling within the terms of article 53;b.has violated or is a serious threat to public security; orc.is subject to a legally enforceable expulsion order under article 66a or 66abis scc178 or article 49a or 49abis mcc179.177 amended by annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).178 sr 311.0179 sr 321.0section 3 legal status art. 74 regulation of stay 1 persons in need of protection shall reside in the canton to which they have been allocated.2 if the federal council has not yet revoked temporary protection within five years, the persons in need of protection shall receive from this canton a residence permit limited until the revocation of temporary protection.3 ten years after the granting of temporary protection, the canton may grant persons in need of protection a permanent residence permit.art. 75 authorisation for gainful employment 1 for the first three months after entry into switzerland, persons in need of protection may not be gainfully employed. thereafter, the requirements for authorising gainful employment are governed by the fnia180.1812 the federal council may stipulate more favourable conditions for gainful employment.3 work permits already issued shall remain valid.4 persons in need of protection who are entitled to be gainfully employed in accordance with provisions laid down by the immigration authorities or who participate in occupational programmes are not subject to the ban on employment.182180 sr 142.20181 amended of the second sentence in accordance with annex no ii 1 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437, 2008 5405; bbl 2002 3709).182 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).section 4 termination of the temporary protection and return art. 76 withdrawal of temporary protection and removal 1 after consultation with representatives of the cantons, the charitable organisations and, if required, other non-governmental organisations, the office of the united high commissioner for refugees as well as with international organisations, the federal council shall determine when the temporary protection for certain groups of persons in need of protection will be withdrawn; it shall make the decision in a general ruling.2 sem shall grant the persons affected by the decision in accordance with paragraph 1 the right to a hearing.3 if as a result of the hearing, indications of persecution are revealed, an interview shall be held in accordance with article 29.1834 if, having been granted the right to a hearing, the person concerned does not provide an opinion, sem shall issue a removal order. for the enforcement of the removal order, articles 10 paragraph 4 and 46-48 of this act as well as article 71 of the fnia184 apply mutatis mutandis.1855 the provisions of section 1a. of chapter 8 apply mutatis mutandis to paragraphs 2-4.186183 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).184 sr 142.20185 amended of the second sentence in accordance with annex no ii 1 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437, 2008 5405; bbl 2002 3709).186 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 77 return the confederation shall support international efforts to organise the return of persons in need of protection.art. 78 revocation 1 sem may revoke temporary protection if:a.it has been fraudulently obtained by providing false information or by concealing essential facts;b.the person in need of protection has violated or endangered switzerland's internal or external security or is guilty of serious misconduct;c.since being granted temporary protection, the person in need of protection has resided repeatedly or for an extended period of time in their native country or country of origin;d.the person in need of protection has a legal right of residence in a third country where they may return.2 temporary protection shall not be revoked if the person in need of protection travels to their native country or country of origin with the consent of the competent authorities.3 the revocation of temporary protection does not extend to the spouse and the children, unless it is shown they are not in need of protection.1874 if it is intended to revoke temporary protection, an interview shall normally be held in accordance with articles 29. the provisions of section 1a. of chapter 8 apply mutatis mutandis.188187 amended by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).188 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 79189 expiry temporary protection expires if the person in need of protection:a.has transferred the focus of their living conditions abroad;b.has renounced temporary protection;c.has received a permanent residence permit in accordance with the fnia190; ord.is made subject to a legally enforceable expulsion order under article 66a or 66abis scc191 or article 49a or 49abis mcc192.189 amended by annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).190 sr 142.20191 sr 311.0192 sr 321.0art. 79a193 registered partnership the provisions of chapters 3 and 4 on spouses apply mutatis mutandis to registered partnerships of same-sex couples.193 inserted by no i 2 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).chapter 5 social assistance and emergency aid194 194 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845). section 1 provision of social assistance, emergency aid, child allowances and primary education195 195 amended by no i of the fa of 25 sept. 2015, in force since 1 oct. 2016 (as 2016 3101; bbl 2014 7991).art. 80196 responsibility in federal centres 1 the confederation shall provide social assistance or emergency aid to persons staying in switzerland on the basis of this act and who are accommodated in a federal centre or in an initial integration centre for groups of refugees. it shall work with the canton concerned to ensure that health-care and primary education are provided. it may delegate these tasks entirely or in part to third parties. articles 81-83a apply mutatis mutandis.2 sem shall reimburse third party contractors in respect of the administrative and staff costs that they incur in fulfilling their tasks under paragraph 1. the payments shall be determined at a flat rate. by way of exception, the payments may be based on the actual costs, in particularly when reimbursing individual non-recurring costs.3 sem may arrange with the canton concerned that it enter into a contract for compulsory health insurance. sem shall reimburse the costs of the health insurance premiums, deductible and franchise.4 the canton concerned shall organise primary education for asylum seekers of school age who are accommodated in a federal centre. the lessons shall be provided in the centres as required. the confederation may subsidise the provision of primary school education. the payments shall be determined at a flat rate. by way of exception, the payments may be based on the actual costs, in particularly when reimbursing individual non-recurring costs.196 amended by no i of the fa of 25 sept. 2015, in force since 1 oct. 2016 (as 2016 3101; bbl 2014 7991).art. 80a197 responsibility in the cantons the cantons of allocation shall provide social assistance or emergency aid for persons staying in switzerland on the basis of this act. persons who have not been allocated to a canton shall be granted emergency aid by the canton that has been designated responsible for enforcing removal. the cantons may delegate the fulfilment of these tasks entirely or in part to third parties.197 inserted by no i of the fa of 25 sept. 2015, in force since 1 oct. 2016 (as 2016 3101; bbl 2014 7991).art. 81198 right to social assistance benefits or to emergency aid persons who are staying in switzerland on the basis of this act and who are unable to maintain themselves from their own resources shall receive the necessary social assistance benefits unless third parties are required to support them on the basis of a statutory or contractual obligation, or may request emergency aid.198 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 82199 social benefits and emergency aid 1 the payment of social assistance benefits and emergency aid is regulated by cantonal law. persons subject to a legally binding removal decision for which a departure period has been fixed are excluded from receiving social assistance.2002 for the duration of an extraordinary appeal or of asylum proceedings under article 111c, persons under paragraph 1 and asylum seekers shall on application receive emergency aid. this is also the case if enforcement of the removal order is suspended.2012bis the cantons may pay social assistance benefits to persons under paragraphs 1 and 2 for the duration of a general moratorium on decision-making and enforcement and if the fdjp so provides. payments are governed by article 88 paragraph 2.2023 for asylum seekers and persons in need of protection who do not hold a residence permit, support shall be provided in the form of non-cash benefits wherever possible. the level of support is less than that given to the local population.2033bis the particular needs of unaccompanied minor asylum seekers, families with children and persons requiring care must be met if possible when providing accommodation.2044 emergency aid must wherever possible be provided in the form of non-cash benefits at the locations indicated by the cantons or the confederation. the level of support is less than that of the social assistance paid to asylum seekers and persons in need of protection who do not have a residence permit.2055 the special situation of refugees and persons in need of protection who have a right to a residence permit must be taken into account in determining the level of support; in particular professional, social and cultural integration shall be facilitated.199 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).200 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).201 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).202 inserted by no i of the fa of 25 sept. 2015, in force since 1 oct. 2016 (as 2016 3101; bbl 2014 7991).203 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).204 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).205 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 82a206 health insurance for asylum seekers and persons in need of protection without a residence permit 1 health insurance for asylum seekers and persons in need of protection without a residence permit must be arranged in accordance with the provisions of the federal act of 18 march 1994207 on health insurance (hia), subject to the following provisions.2 the cantons may limit the choice of insurers for asylum seekers and persons in need of protection without a residence permit and may specify one or more insurers who offer a special form of insurance in accordance with article 41 paragraph 4 hia.3 they may limit the choice of service providers for asylum seekers and persons in need of protection without a residence permit in accordance with articles 36-40 hia. they may do this before designating an insurer in terms of paragraph 2.4 they may limit the choice for asylum seekers and persons in need of protection without a residence permit designate to one or more insurers who offer insurance with a limited selection of service providers in terms of article 41 paragraph 4 hia.5 the federal council shall regulate the details of the limitation of the choice of the service providers.6 the cantons and the insurers may agree to dispense with cost sharing in accordance with article 64 paragraph 2 hia.7 as long as asylum seekers and persons in need of protection without a residence permit are reliant solely or partly on social assistance, their right to premium reductions in accordance with article 65 hia shall be suspended. this right shall revive respectively when the asylum seekers are recognised as refugees, the persons in need of protection are entitled to a residence permit, or the persons are no longer in receipt of social assistance.206 inserted by no ii of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4823, 2007 5575; bbl 2002 6845).207 sr 832.10art. 83 restrictions of social assistance benefits208 1 social benefits or reduced benefits under article 82 paragraph 3 must be completely or partially refused, reduced or withdrawn if the beneficiary:209a.has obtained them or attempted to obtain them by providing untrue or incomplete information;b.refuses to give the competent office information about their financial circumstances, or fails to authorise the office to obtain this information;c.does not report important changes in their circumstances;d.obviously neglects to improve their situation, in particular by refusing to accept reasonable work or accommodation allocated to them;e.without consulting the competent office, terminates an employment contract or lease or is responsible for its termination and thereby exacerbates their situation;f.uses social assistance benefits improperly;g.fails to comply with the instructions of the competent office despite the threat of the withdrawal of social assistance benefits.h.210endangers public security or order;i.211has been prosecuted or convicted of a crime;j.212seriously and culpably fails to cooperate, in particular by refusing to disclose their identity;k.213fails to comply with the instructions from staff responsible for the proceedings or from the accommodation facilities, thereby endangering order and security.1bis paragraph 1 only applies to refugees subject to the guarantee that they are treated the same way as the local population.2142 social benefits unlawfully received must be paid back in full. the amount due for repayment may in particular be deducted from future social assistance benefits. the canton shall implement the claim for repayment. article 85 paragraph 3 applies.215208 expression in accordance with no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845). this amendment has been made throughout the text.209 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).210 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).211 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).212 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).213 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).214 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).215 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 83a216 requirements for the payment of emergency aid the person concerned must cooperate in the enforcement of a legally binding removal order that is lawful, reasonable and feasible as well as in the determination of whether the requirements for emergency aid are fulfilled.216 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 84217 child allowances child allowances for asylum seekers' children living abroad shall be withheld during asylum procedures. they shall be paid when the asylum seeker is recognised as a refugee or temporarily admitted in accordance with article 83 paragraphs 3 and 4 of the fnia218.217 amended by no iv 1 of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).218 sr 142.20section 2219 duty to reimburse and special charge on assets 219 amended by annex no 1 of the fa of 16 dec. 2016 (integration), in force since 1 jan. 2018 (as 2017 6521; bbl 2016 2821, 2013 2397). art. 85 duty to reimburse 1 as far as it is reasonable, social assistance, emergency aid, departure and enforcement costs as well as the costs of the appeal procedure must be reimbursed.2 the confederation shall enforce the claim for reimbursement by means of a special charge on assets (art. 86).3 the confederation's right to reimbursement prescribes three years after the competent authority has been informed, but in any case ten years after the right is created.220 no interest is charged on reimbursement claims.4 the canton's right to reimbursement is governed by cantonal law.220 amended by annex no 1 of the fa of 15 june 2018 (revision of the law of prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).art. 86221 special charge on assets 1 asylum seekers, persons in need of protection without a residence permit and persons subject to a legally binding removal order who have assets at their disposal are liable to pay the special charge. the special charge serves to cover the overall costs in accordance with article 85 paragraph 1 generated by all these persons and their dependents.2 the special charge is levied by confiscating assets.3 the competent authorities may only levy the special charge if the persons concerned:a.are unable to prove that the assets derive from earned income or compensation for loss of earned income or from public social assistance benefits;b.are unable to prove the origin of the assets; orc.are able prove the origin of the assets, but these exceed the amount determined by the federal council.4 the obligation to pay the special charge continues to apply for a maximum of ten years after filing the application for asylum or the application for temporary protection.3 the federal council shall determine the amount of the special charge and duration of the obligation to pay.221 see also the transitional provision to the amendment of 16 dec. 2016 at the end of this text.art. 87222 disclosure of assets and procedure on departure 1 asylum seekers, persons in need of protection who do not have a residence permit and persons subject to a legally binding removal order must disclose any assets that they have that do not derive from earned income.2 confiscated assets shall be reimbursed in full on request if the person concerned leaves the country under supervision within seven months of filing the application for asylum or the application for temporary protection. the request for reimbursement must be made before departure.222 see also the transitional provision to the amendment of 16 dec. 2016 at the end of this text.chapter 6 federal subsidies art. 88223 flat-rate compensatory payments 1 the confederation shall compensate the cantons for the costs of implementing this act by means of flat-rate payments. the cantons do not receive the subsidies in accordance with articles 91-93b.2242 the flat-rate payments made in respect of persons seeking asylum and in need of protection without a residence permit shall cover, in particular, the costs of social assistance and of mandatory health insurance and also contain a contribution towards the supervision costs.3 the flat-rate payments made in respect of refugees and persons in need of protection with a residence permit and refugees subject to a legally enforceable expulsion order in accordance with article 66a or 66abis scc225 or article 49a or 49abis mcc226 shall cover, in particular, the costs of social assistance and also contain a contribution towards the supervision and administrative costs. they shall be made for a maximum of five years from the date of submission of the asylum application.2273bis the confederation may make flat-rate payments under paragraph 3 for longer than five years in respect of persons admitted to switzerland under asylum granted to groups of refugees, and in particular when these persons are disabled or elderly.2284 payments made in respect of persons who are only entitled to emergency aid under article 82 are compensation for granting emergency aid.2295 .230223 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).224 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).225 sr 311.0226 sr 321.0227 amended by annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).228 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).229 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).230 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 89231 determination of the flat-rate payments 1 the federal council shall determine the level of the flat-rate payments based on the probable expenditures on cost-effective solutions.2 it shall determine the structure and the duration of the flat-rate payments as well as the necessary requirements. it may in particular:a.determine the flat-rate payments on the basis of residence status and the duration of residence;b.adjust the flat-rate payments to take account of the cost differences between the cantons.3 sem may make the disbursement of individual components of the flat-rate payments subject to the achievement of socio-political goals.4 the flat-rate payments shall be periodically adjusted in line with inflation and reviewed if necessary.231 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 89a232 duty to cooperate for recipients of subsidies 1 sem may require the cantons to collect the data required for financial supervision, determining and adjusting the financial compensatory payments from the confederation under articles 88 and 91 paragraph 2bis of this act and 55 and 87 of the fnia233 and to make it available to sem or record it in sem's central migration information system (zemis).2 if a canton fails to comply with this requirement, sem may reduce the financial compensatory payments made to this canton or determine the payments due on the basis of the data available.232 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).233 sr 142.20art. 89b234 claiming back and declining to make flat-rate compensatory payments 1 the confederation may claim back flat-rate compensatory payments already made under article 88 of this act and under articles 55235 and 87 fnia236 if a canton fails to carry out the enforcement tasks in accordance with article 46 of this act or carries out such tasks inadequately without excuse.2 if the non-fulfilment or inadequate fulfilment of enforcement tasks in accordance with article 46 leads to the person concerned staying longer in switzerland, the confederation may decline to make flat-rate compensatory payments under article 88 of this act and under articles 55237 and 87 fnia in respect of the related costs incurred by the canton.234 inserted by no i of the fa of 25 sept. 2015, in force since 1 oct. 2016 (as 2016 3101; bbl 2014 7991).235 now: art. 58.236 sr 142.20237 now: art. 58.art. 90 funding of collective accommodation 1 the confederation may finance, in full or in part, the construction, conversion and furnishing of collective accommodation in which the authorities place persons residing in switzerland on the basis of this act.2 the federal council shall regulate the procedure, determine the details on ownership and ensure the accommodation is used for its intended purpose.3 it shall determine the extent to which the amount spent on direct funding by the confederation on accommodation is charged against the flat-rate payment.art. 91 further subsidies 1 and 2.2382bis the confederation shall pay the cantons a flat-rate subsidy towards the administrative costs incurred in respect of persons seeking asylum and persons in need of protection without a residence permit.2392ter the confederation may pay cantons in which a federal centre is located a flat-rate subsidy towards the security costs.2403 it may pay subsidies to facilities for traumatised persons residing in switzerland on the basis of this act.4 .2414bis it may pay subsidies for the conduct of employment programmes for persons accommodated in federal centres. for this purpose it shall enter into public service agreements with the cantons, communes or responsible third parties at the relevant locations.2425 .2436 the confederation shall reimburse the cantons for staff costs which arise in connection with the preparation of decisions in accordance with article 31.7 it may in terms of the international cooperation in accordance with article 113 provide subsidies to the bodies funding internationally oriented projects or to internationally active organisations.8 the federal council shall regulate the requirements and the payment and the accounting procedures for the contributions.238 repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).239 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).240 inserted by no i of the fa of 28 sept 2012 (emergency amendments to the asylum act), (as 2012 5359; bbl 2010 4455, 2011 7325). amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).241 repealed by no i of the fa of 14 dec. 2012, with effect from 1 jan. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).242 inserted by no i of the fa of 28 sept 2012 (emergency amendments to the asylum act), (as 2012 5359; bbl 2010 4455, 2011 7325). amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).243 repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 92 entry and departure costs 1 the confederation may bear the costs for the entry and departure of refugees and persons in need of protection.2 if the persons concerned are destitute, it shall bear the costs for the departure of asylum seekers, of persons whose application for asylum was rejected, whose application for asylum was dismissed or who withdrew their application for asylum, and of persons who were removed following the revocation of temporary protection.2443 it may make provide subsidies towards expenditure incurred by the cantons that is directly connected with the organisation of departure.3bis in the context of applying the dublin association agreements245, it may provide subsidies towards expenditure incurred by the cantons that is directly connected with the transfer of persons to switzerland.2464 the federal council shall regulate the requirements and the payment and accounting procedure for the contributions. if possible it shall determine flat-rate payments.244 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).245 these agreements are listed in annex 1.246 inserted by annex no i of the fa of 20 june 2014 (violations of the duty of care and to report by air carriers, information systems), in force since 1 oct. 2015 (as 2015 3023; bbl 2013 2561).art. 93247 return assistance and prevention of irregular migration 1 the confederation shall provide return assistance. for this purpose, it may provide for the following measures:a.the full or partial funding of return counselling agencies;b.the full or partial funding of projects in switzerland to preserve the ability of those concerned to return;c.the full or partial funding of programmes in the native country, country of origin or a third country to facilitate and arrange the return, repatriation and reintegration (programmes abroad);d.the granting of financial support in individual cases to facilitate the reintegration of returnees or provide them with temporary medical care in their native country, country of origin or third country.2 programmes abroad may also pursue the goal of contributing to the prevention of irregular migration. irregular migration prevention programmes are those that contribute in the short term to limiting the risk of primary or secondary migration to switzerland.3 for the purpose of implementing return assistance, the confederation may work with international organisations and set up a coordination office.4 the federal council shall regulate the requirements and the payment and the accounting procedure for the subsidies.247 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 93a248 return counselling 1 the confederation shall encourage voluntary return by providing return counselling. the return counselling shall be given at federal centres and in the cantons.2 sem shall ensure that regular counselling sessions take place in the federal centres. it may delegate these tasks to the cantonal return counselling agencies. 248 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 93b249 contributions to return counselling 1 the confederation shall by agreement make contributions to compensate the provider of return counselling in federal centres for the administrative and staff costs arising from provision of information and counselling to asylum seekers and persons subject to removal orders. the compensation shall be set as a lump sum. in exceptional cases, the contributions may be fixed on the basis of expenditure, especially in the case of non-recurring costs.2 the payment of contributions for return counselling provided in the cantons is governed by article 93 paragraph 4.249 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 94250 250 repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 95251 supervision 1 the confederation shall verify that federal subsidies are used in accordance with the legislation on subsidies, that they are effective and that accounts on federal subsidies are properly maintained. it may also delegate this task to a third party and call in the cantonal audit offices for support.2 any person who receives federal subsidies is obliged to disclose the details of their organisation as well as the data and key figures in relation to income and expenditure in the field of asylum.3 the federal audit office, sem and the cantonal audit offices shall monitor financial activities in accordance with their regulations. they shall determine the suitable course of action, coordinate their activities and keep each other informed about their findings.251 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).chapter 6a252 planning approval for federal buildings and installations 252 inserted by no i of the fa of 25 sept. 2015, in force since 1 jan. 2018 (as 2016 3101, 2017 6171; bbl 2014 7991).section 1 general provisions art. 95a principle 1 buildings and installations used by the confederation to accommodate asylum seekers or for conducting asylum procedures require planning approval from the fdjp (approval authority) if they:a.are to be newly constructed;b.are altered or assigned a new form of use.2 planning approval covers all forms of authorisation required under federal law.3 cantonal authorisations and plans are not required. the cantonal law must be taken into consideration during the planning approval procedure and the weighing up of interests. 4 in principle, planning approval for projects that will have a considerable effect on space and the environment requires a sectoral plan in accordance with the federal act of 22 june 1979253 on spatial planning.253 sr 700art. 95b compulsory purchase rights and applicable law 1 the acquisition of real estate for buildings and installations to accommodate asylum seekers or to conduct asylum procedures and the establishment of rights in rem to such real estate is the responsibility of the fdjp. it is entitled to make compulsory purchases if necessary.2 the planning approval procedure is governed by this act.2543 if compulsory purchases are required, the provisions of the federal act of 20 june 1930255 on compulsory purchase (compura) also apply.256254 amended by annex no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713).255 sr 711256 inserted by annex no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713).section 2 planning approval procedures art. 95c initiating the ordinary planning approval procedure the planning approval application must be submitted with required documentation to the approval authority. the authority shall check the documentation to make sure that it is complete and request any further documents that are needed.art. 95d marking 1 before the application is made available for public inspection, the applicant must indicate the alterations that the planned buildings and installations will make to the site by marking them out; in the case of structures above-ground, the applicant must erect profiles.2 objections to the marking of alterations or the erection of profiles must be made to the approval authority immediately, and in any case before expiry of the period when the application is made available for public inspection.art. 95e consultation, publication and making the application available for inspection 1 the approval authority shall forward the application to the cantons and communes concerned for their opinions. the entire consultation procedure shall last three months. in justified cases, this period may be extended by way of exception.2 the application must be published in the official organs of publicity for the cantons and communes concerned and in the federal gazette and must be made available for public inspection for a period of 30 days. 3 .257257 repealed by annex no 1 of the fa of 19 june 2020, with effect from 1 jan. 2021 (as 2020 4085; bbl 2018 4713).art. 95f258 258 repealed by annex no 1 of the fa of 19 june 2020, with effect from 1 jan. 2021 (as 2020 4085; bbl 2018 4713).art. 95g objection 1 any person who is a party in accordance with the apa259 may file an objection with the approval authority during the period when the application is available for public inspection.260 unless such a person files an objection, he or she is excluded from the remainder of the procedure.2 any person who is a party in accordance with the compura261 may file any claims under article 33 comppura within the period when the application is available for public inspection.2623 the communes concerned may safeguard their interests by filing an objection.259 sr 172.021260 amended by annex no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713).261 sr 711262 amended by annex no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713).art. 95h elimination of differences in the federal administration the procedure for eliminating differences in the federal administration is governed by article 62b of the government and administration organisation act of 21 march 1997263.263 sr 172.010art. 95i term of validity 1 the approval authority shall decide on the objections under the law on compulsory purchase at the same time as deciding on planning approval.2 planning approval expires if the construction project has not begun five years after approval becomes legally binding.3 the approval authority may extend the period of validity of the planning approval for good cause by a maximum of three years. no extension is permitted if the relevant factual and legal circumstances have substantially changed since legally binding planning approval was granted.art. 95j simplified planning approval procedure 1 a simplified planning approval procedure is applied in the case of:a.small-scale local projects that affect only a few easily identifiable persons;b.alterations or changes of use that do not substantially change the external appearance of the buildings or installations concerned, do not affect the legitimate interests of third parties, and have a negligible effect on space or the environment;c.buildings and installations that will be removed after three years at the latest.2 detailed plans based on a project that has already been approved shall be approved under the simplified procedure.3 the approval authority may order the marking of the project. the application is not published and not made available for public inspection. the approval authority shall send the plans to the persons concerned unless they have already given their consent in writing; they have 30 days to object. the approval authority may consult the cantons and communes. it shall allow an appropriate period for doing so.4 the simplified procedure is otherwise governed by the provisions for the ordinary procedure. in the event of any doubt, the ordinary procedure shall be carried out.section 3 conciliation and valuation procedure; early possession264 264 amended by annex no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713). art. 95k 1 after conclusion of the planning approval procedure, a conciliation and valuation procedure shall be conducted by the federal compulsory purchase commission pursuant to the compura265.2662 .2673 the president of the federal compulsory purchase commission may authorise early possession of the property on the basis of an enforceable planning approval decision and if it is presumed that the purchaser would suffer significant prejudice if not granted early possession. the position is otherwise governed by article 76 compura.265 sr 711266 amended by annex no 1 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713).267 repealed by annex no 1 of the fa of 19 june 2020, with effect from 1 jan. 2021 (as 2020 4085; bbl 2018 4713).section 4 legal remedies art. 95l 1 legal remedies are governed by the general provisions on the administration of federal justice.2 the cantons and communes concerned also have a right of objection.chapter 7 processing of personal data section 1 principles268 268 inserted by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965). art. 96269 processing of personal data 1 provided they require the data for the fulfilment of their legal duties, sem, the appeal authorities and private organisations entrusted with duties under this act may process or have processed the personal data of persons seeking asylum or in need of protection and their dependants, and in particular sensitive data or personality profiles as defined in article 3 letters c and d of the federal act of 19 june 1992270 on data protection (fadp).2 data required to combat illegal employment may be disclosed by the authorities under paragraph 1 in accordance with articles 11 and 12 of the federal act of 17 june 2005271 on measures to combat illegal employment.272269 amended by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965).270 sr 235.1271 sr 822.41272 inserted by annex no 2 of the fa of 17 june 2005 on measures to combat illegal employment, in force since 1 jan. 2008 (as 2007 359; bbl 2002 3605).art. 97 disclosure of personal data to the native country or country of origin 1 personal data of asylum seekers, recognised refugees and persons in need of protection may not be disclosed to their native country or country of origin if the person concerned or their dependants would be endangered as a result. no information may be disclosed regarding an application for asylum.2732 the authority responsible for the organising departure may contact the native country or the country of origin to acquire the travel documents required for the enforcement of the removal order if the refugee status has been refused in the first instance.2743 for the enforcement of removal to the native country or the country of origin, the authorities responsible for organising departure may disclose the following data to the foreign authority:a.personal details (name, first name, aliases, date of birth, place of birth, gender, nationality, last address in the native country or the country of origin) of the person concerned and, as far as necessary for their identification, of dependants;b.information about the passport or other identity papers;c.fingerprints, photographs and further biometric data if necessary;d.further data from documents that help identify a person;e.information on the state of health, insofar as this is in the interest of the person concerned;f.the data required to guarantee the returnee's entry to the destination country and to ensure the security of the accompanying persons;g.information on criminal proceedings in the specific cases where this is required for the readmission procedure and to safeguard public security and order in the native country, and the person concerned will not be endangered thereby; article 2 of the mutual assistance act of 20 march 1981275 applies mutatis mutandis.276273 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2007 (as 2006 4745 4767; bbl 2002 6845).274 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2007 (as 2006 4745 4767; bbl 2002 6845).275 sr 351.1276 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 98 disclosure of personal data to third countries and international organisations 1 in order to the implement this act, sem and the appeal authorities may disclose personal data to foreign authorities and international organisations entrusted with corresponding tasks if the state or the international organisation concerned guarantees an equivalent level of protection of the data transmitted.2 the following personal data may be disclosed:a.personal details (name, first name, alias names, date of birth, place of birth, gender, nationality, last address in the native country or the country of origin) of the person concerned and, as far as necessary for their identification, of dependants;b.information about the passport or other identity papers;c.fingerprints, photographs and further biometric data if necessary;d.further data from documents that help identify a person;e.information on the state of health, insofar as this is in the interest of the person concerned;f.the data required to guarantee the returnee's entry to the destination country and to ensure the security of the accompanying persons;g.information on the place of stay and travel routes;h.information on permission to stay and visas granted;i.information on an application for asylum (place and date the filing, status of the procedure, summary details of the content of a decision made).277277 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 98a278 cooperation with the prosecution authorities sem or the federal administrative court shall transmit to the responsible prosecution authorities information and evidence on asylum seekers where there are serious grounds for suspicion that they have committed a felony under international law, in particular a felony against peace, a war crime, a crime against humanity, genocide or torture.278 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 98b279 biometric data 1 the competent authorities may process biometric data for the purpose of establishing the identity of asylum seekers and persons in need of protection.1bis sem may delegate the processing of biometric data to third parties. it shall verify the compliance by the third parties with the regulations on data protection and information security.2802 the federal council shall determine what biometric data is collected and regulate access to the data.279 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).280 inserted by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).art. 99 taking and evaluating fingerprints 1 fingerprints of all fingers as well as photographs shall be taken of asylum seekers and persons in need of protection. the federal council may provide for exceptions in the case of minors under the age of 14.2812 the fingerprints and photographs shall be stored without the corresponding personal details in database managed by the federal office of police and sem.2823 the new fingerprints shall be compared with the fingerprint database managed by the federal office of police.2834 if the federal office of police determines a match with existing fingerprints, it shall inform sem, the cantonal police authorities concerned and the frontier guards corps and provide them with the personal details of the person concerned (name, first name, aliases, date of birth, sex, reference number, personal number, nationality, process control number and canton of allocation). where there is a police report, the date, place and reason for taking the fingerprints contained therein shall also be provided in code form.2845 sem shall use this information to:a.check the identity the person concerned;b.check whether the person concerned has already applied for asylum before;c.check whether there is data that confirms or refutes the statements made by the person concerned;d.check whether there is data that call into question the eligibility of the person concerned to be granted asylum;e.facilitate administrative assistance between sem and the police authorities.6 the personal data transmitted in accordance with paragraph 4 may not be disclosed abroad without the consent of the owner of the data collection. article 6 paragraph 1 of the fadp285 applies mutatis mutandis.7 the data shall be erased:a.if asylum is granted;b.at the latest ten years after the legally binding rejection, withdrawal or abandonment of the application for asylum or after a decision to dismiss the application;c.286in the case of persons in need of protection, at the latest ten years after the lifting of the temporary protection.281 amended by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965).282 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).283 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).284 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).285 sr 235.1286 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).section 1a287 information system for federal centres and airport accommodation288 287 inserted by the annex to the fa of 18 june 2010 (automated border controls, documentation advisers, mides information system), in force since 1 jan. 2011 (as 2010 5755; bbl 2009 8881).288 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 99a principles 1 sem shall operate an information system for federal centres and airport accommodation (mides).2 mides serves as an aid in:a.the processing of personal data relating to asylum seekers and persons in need of protection, including sensitive personal data and personality profiles in accordance with article 3 letters c and d of the fadp289; andb.audits, the conduct of asylum procedures and the planning and organisation of accommodation.3 mides contains the following personal data:a.data on the identity of the registered persons, and in particular their surname, name, sex, date and place of birth, nationality, ethnic origin, religion, marital status, address and parents' names;b.290minutes of the summary questioning conducted at federal centres and at the airports in accordance with articles 22 paragraph 1 and 26 paragraph 3;c.biometric data;d.details of the accommodation;e.the status of the proceedings;f.291the note medical case, for the purpose of distributing asylum seekers among the cantons.4 the personal data in accordance with paragraph 3 letters a, c, e and f shall be entered in zemis.2925 the asylum seekers and persons in need of protection must in particular be informed of the reasons for processing the data and the categories of data recipient.289 sr 235.1290 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).291 inserted by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).292 amended by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 june 2019 (as 2019 1413; bbl 2018 1685).art. 99b data processing in mides the following persons have access to mides provided such access is required in order to fulfil their duties:a.employees of sem;b.authorities in accordance with article 22 paragraph 1;c.authorised third parties in accordance with article 99c.d.293employees of the cantonal or communal centres under article 24d who are responsible for asylum seekers' accommodation and care.293 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 99c authorised third parties 1 sem may authorise third parties who are responsible for procuring biometric data, ensuring security or for administration and care in federal centres and airport accommodation to process personal data in accordance with article 99a paragraph 3 letters a, c and d in mides.2 sem shall ensure that authorised third parties comply with the applicable regulations on data protection and information technology security.art. 99d supervision and implementation 1 sem is responsible for the security of mides and the legality of the processing of personal data.2 the federal council shall regulate:a.the organisation and operation of mides;b.the catalogue of personal data to be processed;c.rights of access;d.technical and organisational protective measures against unauthorised processing;e.the length of time that data may be stored;f.the archiving and destruction of data on expiry of the storage period.section 1b other information systems294 294 inserted by the annex to the fa of 18 june 2010 (automated border controls, documentation advisers, mides information system), in force since 1 jan. 2011 (as 2010 5755; bbl 2009 8881). art. 100295 information system of the appeal authorities296 1 the appeal authorities shall maintain an information system to record appeals that have been filed, for the conduct of audits and to compile statistics.2 these information systems may contain personal data and personality profiles especially worthy of protection if this is necessary for the fulfilment of the statutory task.2bis incorrect data must by corrected by the authorities. if the incorrect data is attributed to a person's violation of the duty to cooperate, this person may be billed for the costs for the correction.297295 amended by art. 18 no 2 of the fa of 20 june 2003 on the information system on asylum and foreign nationals, in force since 29 may 2006 (as 2006 1931; bbl 2002 4693).296 amended by the annex to the fa of 18 june 2010 (automated border controls, documentation advisers, mides information system), in force since 1 jan. 2011 (as 2010 5755; bbl 2009 8881).297 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 101298 298 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 102 information and documentation system 1 sem shall manage an automated information and documentation system in cooperation with the federal administrative court. the system shall contain factual information and documentation from the sphere of responsibilities of sem and the federal administrative court stored in various databases. if required, personal data contained in the texts may also be stored, in particular personal details, as well as particularly sensitive personal data and personality profiles.2992 only employees of sem and the federal administrative court shall have access to databases containing particularly sensitive personal data and personality profiles.3003 databases containing predominantly factual information drawn from public sources may be made accessible to external users on request by means of a retrieval procedure.4 the federal council shall regulate the details, and in particular access to the system and the protection of the personal data collected therein.299 amended by no 4 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).300 amended by no 4 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 102a301 statistics on recipients of social assistance for the taxation of the financial compensatory payments to the cantons, the federal statistical office shall periodically transmit anonymised and aggregated data on the persons seeking asylum who draw benefits from public social assistance to sem.301 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845). section 2302 data processing under the dublin association agreements 302 inserted by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965).art. 102abis eurodac 1 within the framework of the application of the dublin association agreements303 sem is responsible for dealings with the central unit of the eurodac system.2 it shall transmit the following data to the central unit:a. the place and date of the application in switzerland;b. the sex of the applicant;c. the fingerprints taken in accordance with article 99 paragraph 1;d. the swiss code number for the fingerprints;e. the date on which the fingerprints were taken;f. the date on which the data was transmitted to the central unit.g. the user password.3042bis if the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the central unit within 48 hours of fingerprints of acceptable quality being taken. if it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the central unit within 48 hours of the impediment ceasing to apply.3052ter if the transmission of data is prevented by serious technical problems, an additional period of 48 hours shall be allowed in order to take the measures required to ensure that the system operates correctly again.3062quater sem shall also transmit the following data to the central unit:a.on the admission of a person under regulation (eu) no 604/2013307: the time of arrival in switzerland;b.on the readmission of a person under regulation (eu) no 604/2013: the time of arrival in switzerland;c.on proof that an applicant whose application must be processed by switzerland under regulation (eu) no 604/2013 has left the territory of the states bound by any one of the dublin association agreements: the time of departure;d.on successful enforcement of a removal order, the time of the deportation or departure of the applicant from the territory of the states bound by any one of the dublin association agreements;e.if switzerland, based on the sovereignty clause in regulation (eu) no 604/2013, decides voluntarily to become the dublin state responsible for processing an asylum application: the time of this decision.3083 the transmitted data shall be stored in the eurodac database and automatically compared with the data already stored in this database. the result of the comparison shall be communicated to sem.3094 the data shall be automatically erased by the central unit ten years after the fingerprints were taken. if a person whose data has been transmitted by switzerland to the eurodac database is granted citizenship of a state bound by one of the dublin association agreements before the expiry of this period, sem, as soon as it has been notified of this fact, shall request the central unit to erase the data immediately.303 these conventions are listed in annex 1.304 amended by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).305 inserted by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).306 inserted by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).307 regulation (eu) no 603/2013 of the european parliament and of the council of 26 june 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third-country national or a stateless person (new version), amended by oj l 180 of 29.6.2013, p. 31.308 inserted by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).309 amended by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).art. 102ater 310 examination of the fingerprints in eurodac 1 a specialist shall examine the fingerprints if eurodac reveals a match.2 sem decides on the qualifications that the fingerprint specialist must have.310 inserted by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).art. 102b disclosure of personal data to a state bound by one of the dublin association agreements the disclosure of personal data to the competent authorities of states that are bound by one of the dublin association agreements shall be regarded as equivalent to the disclosure of personal data between federal bodies.art. 102c disclosure of personal data to a state not bound by any of the dublin association agreements 1 personal data may be disclosed to third countries only if they guarantee an adequate standard of data protection.2 if a third country fails to guarantee an adequate standard of data protection, personal data may disclosed to this country in individual cases if:a. the person concerned gives their unequivocal consent; if the personal data or personality profiles are particularly sensitive, consent must be given expressly; b. the disclosure is required to protect the life or physical integrity of the person concerned; orc. the disclosure is required to safeguard overriding public interests or to establish, exercise or enforce legal rights in court.3 in addition to the cases mentioned in paragraph 2, personal data may also be disclosed if in specific cases adequate guarantees ensure appropriate protection of the person concerned.4 the federal council shall determine the extent of the guarantees required and the modalities for providing the guarantees.5 the data obtained from the eurodac database may not be transmitted under any circumstances to:a.a state that is not bound by any of the dublin association agreements;b.international organisations;c.private entities.311311 inserted by annex no 2 of the fd of 26 sept. 2014 (adoption of r [eu] no 603/2013 on the establishment of eurodac and the amendment to r [eu] no 1077/2011 on the establishment of the it agency), in force since 20 july 2015 (as 2015 2323; bbl 2014 2675).art. 102d312 312 repealed by no 2 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 102e right to information the right to information is governed by the federal and cantonal data protection provisions.313 the proprietor of the data collection shall also furnish information on the details available on the origin of the data.313 amended by no 2 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).section 3314 video surveillance 314 inserted by annex no 1 of the fa of 14 dec. 2018 (procedural arrangements and information systems), in force since 1 april 2020 (as 2019 1413, 2020 881; bbl 2018 1685). art. 102ebis 1 sem may use video surveillance equipment and systems inside and outside buildings that it manages in connection with the asylum procedure and may make video and audio recordings in order to protect property and persons, in particular asylum seekers, sem employees and employees responsible for care and security, from any form of threat.2 the video and audio recordings shall be stored for four months and then automatically destroyed unless they are required in criminal proceedings or for an administrative investigation conducted by sem.3 the recordings may be passed on to the prosecution authorities.4 sem security managers and their superiors may view the recordings in the course of an administrative or criminal investigation.5 the federal council shall regulate the modalities of video surveillance. it shall in particular specify which buildings or parts of buildings may be placed under video surveillance, and regulate the storage of recordings, their protection against misuse and their handover to the prosecution authorities.chapter 8 legal protection, appeal proceedings, re-examination and multiple applications315 315 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).section 1316 legal protection in federal centres 316 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991). art. 102f principles 1 asylum seekers whose request is processed in a federal centre have the right to free advice and legal representation.2 sem shall mandate one or more providers to carry out the tasks mentioned in paragraph 1.art. 102g counselling on the asylum procedure 1 during their stay in a federal centre, asylum seekers shall have access to counselling on the asylum procedure.2 the counselling shall include in particular informing the asylum seekers about their rights and obligations in the asylum procedure. art. 102h legal representation 1 each asylum seeker shall be assigned a legal representative from the start of the preparatory phase and for the remainder of the asylum procedure, unless the asylum seeker expressly declines this.2 the legal representative assigned shall inform the asylum seeker as quickly as possible about the asylum seeker's chances in the asylum procedure.3 legal representation shall last, under the accelerated and the dublin procedure, until a legally binding decision is taken, or until a decision is taken about carrying out an extended procedure. article 102l is reserved.4 legal representation shall end when the legal representative assigned informs the asylum seeker that he or she does not wish to submit an appeal because it would have no prospect of success. this shall take place as quickly as possible after notification of the decision to reject asylum.5 the tasks of the legal representative are governed by article 102k.art. 102i tasks of the provider 1 the provider under article 102f paragraph 2 is responsible in particular for providing, organising and implementing counselling and legal representation in federal centres. it shall ensure the quality of the counselling and legal representation.2 the provider shall determine the persons to whom counselling and legal representation is assigned. it shall assign the persons responsible for legal representation to the asylum seekers.3 persons professionally involved in counselling asylum seekers are allowed to provide counselling.4 attorneys are allowed to provide legal representation. persons with a university degree in law who are involved in counselling and representing asylum seekers professionally are also allowed to provide legal representation.5 there shall be a regular exchange of information between the provider and sem, in particular to coordinate tasks and ensure quality.art. 102j participation of the legal representative 1 sem shall notify the provider of the appointments for initial questioning in the preparatory phase, for the interview on the grounds for asylum and for further procedural steps requiring involvement of the legal representation. the provider shall give this information promptly to the legal representative.2 provided the appointments are notified in good time, sem's actions have legal force even if the legal representative is not present or does not participate. exceptions may be for absences at short notice there is justifiable good cause. 3 if the legal representative does not provide an opinion on a draft decision to refuse asylum within the time limit, despite the draft decision being sent by the provider in good time, it shall be considered that no view is expressed.art. 102k payment for counselling and legal representation 1 the confederation shall, by agreement and on the principle that value for money will be ensured, pay the provider for the following tasks in particular: a.providing information and counselling to asylum seekers;b.the participation of the legal representative in the initial questioning in the preparatory phase and in the interview on the grounds for asylum;c.providing an opinion on the draft asylum decision under the accelerated procedure;d.providing legal representation in appeal proceedings, in particular preparing the appeal documentation;e.representing the interests of unaccompanied minor asylum seekers as a trusted person at federal centres and at airports;f.in the case of allocation to the extended procedure, provision of information by the assigned legal representative to the legal advice agency on the current state of proceedings, or continuation of legal representation assigned in procedural stages relevant to a decision under article 102l.2 the payment shall contain a contribution to the administrative and staff costs incurred by the provider, in particular for the organisation of counselling and legal representation, as well as a contribution to independent translation. payment shall be made as a lump sum. in exceptional cases, the payment may be based on the actual expenditure, especially in the case of non-recurring costs.section 1a317 counselling and legal representation in the extended procedure following allocation to the cantons 317 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 102l 1 following allocation to a canton, asylum seekers may contact a legal advice agency or the legal representative allocated free of charge at steps of the procedure at first instance relevant to the decision, in particular if an additional interview is held on the grounds for asylum.2 the confederation shall pay the legal advice agency for the work it carries out under paragraph 1 by agreement and on the principle that value for money will be ensured. the payment shall be made as a lump sum. in exceptional cases, the payment may be based on the actual expenditure, especially in the case of non-recurring costs.3 the federal council shall lay down the requirements for authorisation as a legal advice agency and shall determine the procedural steps relevant to the decision under paragraph 1.section 1b318 legal aid 318 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991). art. 102m 1 the federal administrative court shall at the request of the asylum seeker, who shall be exempted from paying the procedural costs, appoint an official legal adviser, but only in the case of appeals against:a.decisions to dismiss the application, decisions to refuse asylum and removal orders under articles 31a and 44;b.decisions on the revocation or expiry of asylum under articles 63 and 64;c.the termination of temporary admission relating to asylum seekers under article 84 paragraphs 2 and 3 fnia319;d.decisions relating to granting temporary protection under chapter 4 of this act.2 an exception is made for appeals under paragraph 1 if they relate to re-examination and review procedures and multiple applications. for these and for the other appeals, with the exception of paragraph 1, article 65 paragraph 2 of the administrative procedure act applies320.3 in the case of appeals submitted on the basis of this act, persons with a university degree in law who are involved in counselling and representing asylum seekers professionally are also authorised to act as official legal advisers. 4 paragraphs 1-3 also apply to persons whose application is decided on under the accelerated procedure and who do not make use of legal representation under article 102h. this also applies when the legal representative assigned under the accelerated procedure does not make an appeal (art. 102h paragraph 4).319 sr 142.20320 sr 172.021section 1c appeal proceedings at cantonal level321 321 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991). art. 103 1 the cantons shall provide at least one appellate authority where appeals may be filed against rulings of cantonal authorities based on this act and its implementing provisions.2 appeals against decisions by cantonal courts of the last instance are governed by the general provisions on the administration of federal justice, unless otherwise provided in this act.section 2 appeal proceedings at federal level art. 104322 322 repealed by annex no 4 of the administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 105323 appeals against sem rulings appeals may be filed against sem rulings in accordance with the federal administrative court act of 17 june 2005324.323 amended by no i 3 to no iv of the ordinance of the federal assembly of 20 dec. 2006 on the adaptation of enactments to the provisions of the supreme court act and the administrative court act, in force since 1 jan. 2008 (as 2006 5599, 2007 5573; bbl 2006 7759).324 sr 173.32art. 106325 grounds for appeal 1 an appeal may be filed on the following grounds:a.the violation of federal law, including the abuse and exceeding of discretionary powers;b.incorrect and incomplete determination of the legally relevant circumstances;c.326.2 article 27 paragraph 3 and article 68 paragraph 2 remain reserved.325 amended by no i 2 of the ordinance of the federal assembly of 20 dec. 2006 on the adaptation of enactments to the provisions of the supreme court act and the administrative court act (as 2006 5599; bbl 2006 7759).326 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 107 contestable interim rulings 1 interim rulings issued in application of article 10 paragraphs 1-3 and 18-48 of this act as well as article 71 fnia327 may only be contested by appeal against the final ruling. the contesting of rulings remains reserved in accordance with article 27 paragraph 3.3282 the following are also independently contestable, provided they may cause permanent prejudice:a.precautionary measures;b.rulings by which proceedings are suspended, other than rulings in accordance with article 69 paragraph 3.3 .329327 sr 142.20328 amended by annex no ii 1 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 2008 (as 2007 5437, 2008 5405; bbl 2002 3709).329 repealed by no i of the fa of 16 dec. 2005, with effect from 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).art. 107a330 dublin procedure 1 no suspensive effect may be applied to appeals against decisions to dismiss applications made by asylum seekers who are able to travel to another state that is responsible under an international treaty for the conduct of asylum or removal proceedings. 2 the asylum seeker may apply for the order to be suspended within the deadline for filing the appeal. 3 the federal administrative court shall decide on the matter within five days of receipt of an application under paragraph 2. if suspension is not granted within five days, the removal order may be enforced 330 inserted by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin (as 2008 447; bbl 2004 5965). amended by annex no i 2 of the fd of 26 sept. 2014 (adoption of r[eu] no 604/2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection), in force since 1 july 2015 (as 2015 1841; bbl 2014 2675).art. 108331 time limits for appeals 1 under the accelerated procedure, an appeal against a decision under article 31a paragraph 4 must be submitted within five days of notification of the ruling. 2 under the extended procedure, an appeal against a decision under article 31a paragraph 4 must be filed within 30 days, and against interim rulings within ten days of notification of the ruling.3 an appeal against decisions to dismiss an application and against rulings in accordance with article 23 paragraph 1 and article 40 in conjunction with article 6a paragraph 2 letter a must be submitted within five working days of notification of the ruling.4 denial of entry in accordance with article 22 paragraph 2 may be contested until notification of the ruling in accordance with article 23 paragraph 1.5 a review of the legality and the appropriateness of the allocation of a place of stay at the airport or at another appropriate place in accordance with article 22 paragraphs 3 and 4 may be requested by means of appeal at any time.6 in other cases, the time limit for appeals is 30 days from notification of the ruling.7 written legal submissions sent by fax are legally binding if they reach the federal administrative court within the notice period and are supplemented by filing the signed original subsequently in accordance with article 52 paragraphs 2 and 3 of the federal act of 20 december 1968332 on administrative procedure.331 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).332 sr 172.021art. 108a333 coordination with the extradition proceedings if the person seeking asylum is the subject of an application for extradition in accordance with the mutual assistance act of 20 march 1981334, the appeal authorities shall consult the files on the extradition proceedings when deciding on appeal relating to the asylum application.333 inserted by no i 2 of the fa of 19 dec. 2003 on the 2003 relief programme (as 2004 1633; bbl 2003 5615). amended by no i 1 of the fa of 1 oct. 2010 on the coordination of asylum and extradition proceedings, in force since 1 apr. 2011 (as 2011 925; bbl 2010 1467).334 sr 351.1art. 109335 time limits for decisions 1 under the accelerated procedure, the federal administrative court normally decides within 20 days on appeals against decisions under article 31a paragraph 4.2 under the extended procedure, the federal administrative court decides on appeals against decisions under article 31a paragraph 4 within 30 days.3 in the case of appeals against decisions to dismiss an application and against rulings under article 23 paragraph 1 and article 40 in conjunction with article 6a paragraph 2 letter a, it normally decides within 5 working days.4 the time limits laid down in paragraphs 1 and 3 may be exceeded by a few days if there are valid reasons.5 the federal administrative court decides on appeals against decisions in accordance with article 22 paragraphs 2-3 and 4 without delay on the basis of the files.6 in other cases, the federal administrative court shall decide on appeals within 20 days.7 it shall decide exceptionally and immediately if the person seeking asylum is in detention pending extradition on the basis of a request by a state in respect of which the asylum seeker is seeking protection in switzerland. this also applies when the asylum seeker has been made subject to an expulsion order under article 66a or 66abis scc336 or article 49a or 49abis mcc337.335 amended by no i, paras 5 and 7 in accordance with no iv 2 of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).336 sr 311.0337 sr 321.0art. 109a338 exchange of information a regular exchange of information shall take place between the fdjp and the federal administrative court on the prioritisation and administrative processing of proceedings of first and second instance.338 inserted by no i of the fa of 14 dec. 2012 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 109b339 federal administrative court processing strategy the federal administrative court shall adopt a processing strategy; in doing so, it shall take account of:a.sem processing strategy under article 37b;b.the statutory appeal and processing deadlines.339 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 110 procedural time limits 1 the additional period allowed for the amendment of the appeal amounts to seven days, and in the case of appeals against decisions to dismiss an application and decisions in accordance with article 23 paragraph 1, under article 40 in conjunction with article 6a paragraph 2 letter a, and rulings under article 111b, three days.3402 the time limit for furnishing evidence is seven days if the evidence must be obtained in switzerland, and 30 days for evidence that must be obtained abroad. expert reports must be produced within 30 days.3 the time limit under paragraph 2 may be extended if the appellant or their representative is prevented from acting within this time limit, in particular due to illness or accident.3414 the deadline for proceedings is at the most two working days in the case of proceedings relating to the denial of entry into switzerland and the allocation of a place of stay at the airport in accordance with article 22 paragraphs 2-3 and 4.342340 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).341 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).342 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 110a343 343 inserted by no i of the fa of 14 dec. 2012 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 111344 competence of a single judge 1 the following cases may be heard by a single judge:a.the dismissal of appeals due to irrelevance;b.summary dismissal of manifestly unlawful appeals;c.the decision relative to the preliminary denial of entry at the airport and the allocation of a place of stay at the airport;d.345.e.with consent of a second judge: appeals that are clearly with or without justification.344 amended by no i and iv 1 of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).345 repealed by no i of the fa of 25 sept. 2015, with effect from 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 111a346 procedure and decision 1 the federal administrative court may dispense with an exchange of written submissions.3472 appeal decisions in accordance with article 111 need only be summarily substantiated.346 inserted by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).347 amended by no i 3 of the ordinance of the federal assembly of 20 dec. 2006 on the amendment of legislation in accordance with the provisions on the federal supreme court act and the federal administrative court act, in force since 1 jan. 2008 (as 2006 5599, 2007 5573; bbl 2006 7759).art. 111abis 348 preparatory measures and oral notification of a judgment 1 in the appeal procedure against decisions on asylum under article 31a of this act issued under the accelerated or the dublin procedure, the federal administrative court may carry out preparatory measures in federal centres under article 39 paragraph 2 of the federal administrative court act of 17 june 2005349 if this means that the appeal can be decided on more quickly.2 oral notification of the judgment is permitted. the oral notification together with a summary justification must be recorded in minutes.3 the parties may request a complete copy of the judgment within 5 days of oral notification of the judgment. this does not mean that enforceability of the judgment is deferred.348 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).349 sr 173.32art. 111ater 350 party costs in the appeal procedure against decisions on asylum under article 31a which have been issued under the accelerated or the dublin procedure, no party costs shall be awarded. if the asylum seeker has not made use of legal representation under article 102h or has not made use of legal representation when making an appeal (art. 102h paragraph 4), the general provisions on the administration of federal justice apply. 350 inserted by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).section 3 re-examination and multiple applications351 351 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). art. 111b352 re-examination 1 an application for re-examination must be submitted to sem in writing and with a statement of grounds within 30 days of identifying the grounds for re-examination. there is no preparatory phase.3532 decisions to dismiss an application must normally be made within five working days of submission of an application for re-examination. in other cases, decisions must normally be made within ten working days of the application being submitted.3 the submission of an application for re-examination does not delay enforcement. the authority responsible for processing may suspend enforcement on request if there is a specific danger to the applicant in his or her native country or country of origin. 4 applications for re-examination without a statement of grounds or repeat applications that state the same grounds shall be dismissed without a formal decision being taken.352 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).353 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 111c354 multiple applications 1 applications for asylum made within five years of the asylum decision or removal order becoming legally binding must be submitted in writing with a statement of the grounds. there is no preparatory phase. the grounds for dismissal under article 31a paragraphs 1-3 apply.3552 multiple applications or repeat applications that state the same grounds shall be dismissed without a formal decision being taken354 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).355 amended by no i of the fa of 25 sept. 2015, in force since 1 march 2019 (as 2016 3101, 2018 2855; bbl 2014 7991).art. 111d356 fees 1 sem shall charge a fee if it rejects or dismisses an application for re-examination or a multiple application. if a request or application is approved in part, the fee is reduced. no compensation is paid.2 sem shall on request exempt the applicant following submission of re-examination or multiple applications from having to pay procedural costs provided he or she is in financial need and the application does not appear prima facie without merit.3 sem may request the applicant to make an advance payment of fees equivalent to the probable procedural costs. it shall allow an appropriate period for payment to be made, under threat of dismissal for failure to do so. an advance payment of fees shall not be requested:a.if the requirements of paragraph 2 are met; orb.in proceedings involving unaccompanied minors, provided the re-examination or multiple application does not appear prima facie without merit.4 the federal council shall regulate the assessment of the fee and the level of the advance payment.356 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 112357 357 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).section 4 stop and suspension of limitation periods358 358 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). art. 112a359 for the duration of appeal proceedings, the limitation period for financial claims by the confederation against recipients of subsidies or social assistance does not begin or is suspended if it has already begun.359 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).chapter 8a asylum proceedings in test phases360 360 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). art. 112b361 .362 1 the confederation may provide for test phases to assess new procedures if a test phase is required for such procedures prior to amending the law due to the complex organisational and technical measures involved.2 the confederation regulates the details of the test phases in an ordinance. in doing so it may deviate from the terms of this act and the fnia363 in relation to the organisation of first instance asylum proceedings and the removal proceedings and related financial issues.3 it may reduce the deadline for filing an appeal under article 108 paragraph 1 in test phases from 30 days to ten days, provided effective legal protection for the asylum seekers concerned is guaranteed by suitable measures.4 the ordinance lists all the statutory provisions from which it deviates.5 the test phases last no longer than two years.361 inserted by no i of the fa of 28 sept 2012 (emergency amendments to the asylum act), in force from 29 sept. 2012 to 28 sept. 2015 (as 2012 5359; bbl 2010 4455, 2011 7325) and extended to 28 sept. 2019 by no ii of the fa of 26 sept. 2014 (as 2015 2047; bbl 2014 2087). see also the transitional provision to this amendment at the end of the text.362 repealed by no i of the fa of 14 dec. 2012, with effect from 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).363 sr 142.20chapter 9 international cooperation364 364 amended by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325). art. 113 principles365 the confederation shall participate in the harmonisation of european refugee policy at international level as well as in the resolution of refugee problems abroad. it shall support the activities of international charitable organisations. it shall in particular work with the united nations high commissioner for refugees.365 amended by no i of the fa of 20 dec. 2019, in force since 1 nov. 2020 (as 2020 3989; bbl 2018 6565).art. 114366 international agreements the federal council, in implementation of a migration framework credit approved on the basis of article 91 paragraph 7 in conjunction with article 113 or article 93 paragraph 1 letter c and paragraph 2, may enter into international agreements on the payment of contributions to selected eu member states or to international organisations. it shall consult the competent committees beforehand.366 amended by no i of the fa of 20 dec. 2019, in force since 1 nov. 2020 (as 2020 3989; bbl 2018 6565).chapter 10 criminal provisions367 367 amended by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965). section 1 criminal provisions relative to chapter 5 section 2368 368 inserted by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965). art. 115 misdemeanours any person who commits any of the following acts is liable to a monetary penalty not exceeding 180 daily penalty units, unless the act constitutes a felony or misdemeanour that carries a higher penalty under the scc369:370a.obtaining, on the basis of this act, for themselves or for another by providing false or incomplete information or in another way a pecuniary advantage that is not theirs by right;b.371 completely or partly evading the duty to pay the special charge in accordance with article 86 by providing false or incomplete information or in another way;c.372.d.373 assists a person to commit an offence under article 116 letter c with a view to his or her own financial gain, in particular through planning or organisation.369 sr 311.0. term in accordance with annex no 2 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).370 amended by art. 333 of the criminal code (sr 311.0) in the version contained in the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).371 amended by no i of the fa of 16 dec. 2005, in force since 1 jan. 2008 (as 2006 4745, 2007 5573; bbl 2002 6845).372 repealed by annex no 1 of the fa of 16 dec. 2016 (integration), with effect from 1 jan. 2018 (as 2017 6521; bbl 2016 2821, 2013 2397).373 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 116 contraventions any person who commits any of the following acts is liable to a fine, unless the act constitutes an offence under article 115:a.violating the obligation to provide information by knowingly providing false information or refusing to provide information;b.resisting a check instructed by the competent authority or rendering this impossible in another way;c.374carries out public political activities as an asylum seeker in switzerland solely with the intention of establishing subjective post-flight grounds within the meaning of article 54;d.375assists a person to commit an offence under letter c, in particular through planning or organisation.374 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).375 inserted by no i of the fa of 14 dec. 2012, in force since 1 feb. 2014 (as 2013 4375 5357; bbl 2010 4455, 2011 7325).art. 116a376 376 inserted by no i of the fa of 16 dec. 2005 (as 2006 4745, 2007 5573; bbl 2002 6845). repealed by annex no 1 of the fa of 16 dec. 2016 (integration), with effect from 1 jan. 2018 (as 2017 6521; bbl 2016 2821, 2013 2397).art. 117377 377 repealed by annex no 1 of the fa of 16 dec. 2016 (integration), with effect from 1 jan. 2018 (as 2017 6521; bbl 2016 2821, 2013 2397).section 2378 criminal provisions relative to chapter 7 section 2 378 inserted by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965). art. 117a improper processing of personal data any person who processes personal data stored in eurodac for a purpose other than to establish which state is responsible for examining an application for asylum made by a citizen of a third country in a state subject to the dublin association agreements is liable to a fine.section 3 prosecution379 379 inserted by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965). art. 118 .380 prosecution is the responsibility of the cantons.380 repealed by art. 3 no 2 of the fd of 17 dec. 2004 on the approval and the implementation of the bilateral agreements between switzerland and the eu on association with schengen and dublin, with effect from 12 dec. 2008 (as 2008 447 5405 art. 1 let. a; bbl 2004 5965).chapter 11 final provisions art. 119 implementation the federal council shall be responsible for implementation. it shall issue the implementing provisions.art. 120 repeal of existing legislation the following are repealed:a.the asylum act of 5 october 1979381;b.the federal decree of 16 december 1994382 on economy measures in the sphere of asylum and foreign nationals.381 [as 1980 1718, 1986 2062, 1987 1674, 1990 938 1587 art. 3, 1994 1634 no i 8.1 2876, 1995 146 no ii 1126 no ii 1 4356, 1997 2372 2394, 1998 1582]382 [as 1994 2876]art. 121 transitional provisions 1 the new law applies to proceedings pending on the commencement of this act.2 pending proceedings on the granting of a residence permit by the immigration authorities in accordance with the prior article 17 paragraph 2 shall become irrelevant.3 the appeals commission and the fdjp shall retain jurisdiction over any appeals pending before them on the commencement of this act, subject to paragraph 2 above.4 on the commencement of this act, the provisions of chapter 4 shall apply to groups of foreign nationals temporarily admitted in accordance with the current article 14a paragraph 5 of the federal act of 26 march 1931383 on the residence and permanent settlement of foreign nationals. the length of stay of persons temporarily admitted in groups shall be taken into account when calculating the time limits in accordance with article 74 paragraphs 2 and 3.5 the previous law shall apply for up to two years after the commencement of this act in relation to the payment of social assistance benefits to refugees with a residence permit.383 [bs 1 121; as 1949 221, 1987 1665, 1988 332, 1990 1587 art. 3 para. 2, 1991 362 no ii 11 1034 no iii, 1995 146, 1999 1111, 2000 1891 no iv 2, 2002 685 no i 1 701 no i 1 3988 annex no 3, 2003 4557 annex no ii 2, 2004 1633 no i 1 4655 no i 1, 2005 5685 annex no 2, 2006 979 art. 2 no 1 1931 art. 18 no 1 2197 annex no 3 3459 annex no 1 4745 annex no 1, 2007 359 annex no 1. as 2007 5437 annex no i]. see: the fa of 16 dec. 2005 on foreign nationals (sr 142.20).art. 122 relationship with the federal decree of 26 june 1998384 on emergency measures in the sphere of asylum and foreign nationals if a referendum is sought on the federal decree of 26 june 1998 on emergency measures in the sphere of asylum and foreign nationals and it is rejected in a popular vote, the provisions listed below shall be deleted:a.article 8 paragraph 4 (duty to cooperate in the acquisition of valid travel documents),b.article 32 paragraph 2 letter a (dismissal of the application in the event of failure to submit travel documents or identity papers),c.article 33 (dismissal of the application in the event of improper filing of an asylum application),d.article 32 paragraph 2 letter b (dismissal of the application in the event of identity fraud); in this case, the content of article 16 paragraph 1 letter b shall be inserted in the version in accordance with number i of the federal decree of 22 june 1990385 on asylum procedures instead of the deleted provision of article 32 paragraph 2 letter b; ande.article 45 paragraph 2 (immediate implementation of decisions to dismiss applications); in this case, the content of article 17a paragraph 2 shall be inserted in the version in accordance with number ii of the federal act of 18 march 1994386 on coercive measures under the law on foreign nationals instead of the deleted provision of article 45 paragraph 2 after the adjustment of the article references.384 as 1998 1582 no iii. in the light of the adoption of this fd in the popular vote of 13 june 1999, this art. is irrelevant.385 as 1990 938386 as 1995 146 151art. 123 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 october 1999387387 federal council decree of 11 aug. 1999.final provisions to the amendment of 19 december 2003388 388 as 2004 1633; bbl 2003 56151 the previous law in accordance with article 37 applies to the time limit for processing applications for asylum that are filed before the commencement of this amendment to the act.2 article 50 of the federal administrative procedure act of 20 december 1968389 applies to time limits for filing appeals against decisions to dismiss an application in the first instance in accordance with articles 32-34 that are issued before the commencement of this amendment to the act.3 the previous law in accordance with article 109 applies to appeals against decisions to dismiss an application in accordance with articles 32-34 that is filed before the commencement of this amendment to the act.4 articles 44a and 88 paragraph 1bis also apply to decisions to dismiss an application in accordance with articles 32-34 that became legally binding before the commencement of this act. the cantons shall, however, receive support for nine months at the most after the commencement of this amendment to the act in accordance with article 88 paragraph 1, provided the federal office for refugees supported the cantons in the enforcement of the removal order until the commencement of this amendment to the act.389 sr 172.021transitional provisions to the amendment of 16 december 2005390 390 as 2006 4745, 2007 5573; bbl 2002 6845. para. 1 in force since 1 jan. 2007 and paras. 2-4 in force since 1 jan. 2008.1 the new law applies to the procedures pending on commencement of this amendment to the act.2 if there are grounds for a final account before the commencement of this amendment to the act in accordance with article 87 in the version of 26 june 1998391, the settlement and the balancing of the account shall be carried out in accordance with current legislation.3 the federal council shall regulate the settlement procedures; it determines to what extent and how long persons who were gainfully employed before the commencement of this amendment to the act and for whom there was no intermediate or final account in accordance with paragraph 2 at the in the time of the commencement of this amendment to the act must pay a special charge and to which extent and how long their assets are distrained.4 the confederation shall make a single flat-rate payment of 15,000 francs to the cantons for each person for whom the decision to grant asylum or the removal decision became legally binding before the commencement of this amendment to the act, provided these persons have not yet left switzerland.391 as 1999 2262transitional provision to the amendment of 28 september 2012392 392 as 2012 5359; bbl 2010 4455, 2011 7325articles 12, 19, 20, 41 paragraph 2, 52 and 68 apply in their previous versions to asylum applications that are filed abroad before the amendment to this act of 28 september 2012 comes into force.transitional provisions to the amendment of 14 december 2012393 393 as 2013 4375 5357; bbl 2010 4455, 2011 73251 subject to paragraphs 2-4, the new law applies to proceedings pending when the amendment to this act of 14 december 2012 comes into force.2 the previous law as of 1 january 2008 applies to re-examination and multiple application proceedings pending when the amendment to this act of 14 december 2012 comes into force. paragraph 1 applies to article 43 paragraph 2 and 82 paragraph 2.3 airport operators are responsible for making accommodation at the airport in accordance with article 22 paragraph 3 available within two years of the amendment to this act of 14 december 2012 coming into force.4 asylum applications filed before the amendment to this act of 14 december 2012 comes into force are governed by article 17 and 26 of the previous law. article 26bis 394 does not apply to asylum proceedings pending when the amendment of 14 december 2012 comes into force. article 110a does not apply to appeal proceedings pending when the amendment of 14 december 2012 comes into force.5 revocation of asylum or the deprivation of refugee status does not apply to persons recognised as refugees under article 51 of the previous law.394 now: art. 26atransitional provisions to the amendment of 26 september 2014395 395 as 2015 2047; bbl 2014 20871 on conclusion of the test phases, the federal council may continue to apply the implementing provisions tested on the basis of article 112b paragraph 2 provided the tested procedures:a.may be regarded as suitable on the basis of an evaluation; and b.are incorporated in a legislative bill in accordance with article 112b paragraph 1.2 the federal council may make minor adjustments to the implementing provisions tested on the basis of article 112b paragraph 2 in view of the results of the evaluation.3 the further application of the tested implementing provisions ends when the amendment to the law comes into force in accordance with article 112b paragraph 1, but by 28 september 2019 at the latest.transitional provisions to the amendment of 25 september 2015396 396 as 2016 3101, 2017 6171, 2018 2855; bbl 2014 79911 the previous law applies to procedures pending when the amendment of 25 september 2015 comes into force, subject to paragraph 2.2 the previous law continues to apply to accelerated procedures and dublin procedures pending when this amendment comes into force which are based on the implementing provisions for article 112b paragraphs 2 and 3 in the version in accordance with number i of the amendment of 28 september 2012397 to the asylum act of 26 june 1998 (emergency amendment to the asylum act).3 the previous law applies for at most two years to requests for asylum which cannot be processed in federal centres. the previous law applies to procedures still pending at the end of this period until their legally binding conclusion. 4 planning approval procedures for constructing new buildings and installations may be continued until their legally binding conclusion if the application was filed during the term of validity of article 95a paragraph 1 letter a.5 approval procedures for the construction of new buildings and installations that the confederation intends to use to accommodate asylum seekers or to conduct asylum procedures that are pending before the first instance when the amendment of 25 september 2015 comes into force shall be continued in accordance with chapter 6a.397 as 2012 5359, 2015 2047transitional provision to the amendment of 16 december 2016398 398 as 2017 6521; bbl 2016 2821, 2013 2397proceedings that are pending and claims that are outstanding under articles 86 and 87 of this act and article 88 fnia399 when the amendment of 16 december 2016 comes into force are governed by the previous law.399 sr 142.20annex 1400 400 inserted by annex no 1 of the fa of 13 june 2008 (amendments in implementation of the schengen and dublin association agreements), in force since 12 dec. 2008 (as 2008 5407 5405 art. 2 let. c; bbl 2007 7937).(art. 21 para. 3)dublin association agreements the dublin association agreements comprise:a.the agreement of 26 october 2004401 between the swiss confederation and the european community on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in a member state or in switzerland (daa);b.the agreement of 17 december 2004402 between the swiss confederation, the republic of iceland and the kingdom of norway on the implementation, application and development of the schengen acquis and on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in switzerland, iceland or norway;c.the protocol of 28 february 2008403 between the swiss confederation, the european community and the principality of liechtenstein to the agreement between the swiss confederation and the european community on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in a member state or in switzerland;d.the protocol of 28 february 2008404 between the swiss confederation, the european community and the principality of liechtenstein on the accession of the principality of liechtenstein to the agreement between the swiss confederation and the european community on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in a member state or in switzerland.401 sr 0.142.392.68402 sr 0.362.32403 sr 0.142.393.141404 sr 0.142.395.141annex 2405 405 originally annex.amendment of current legislation .406406 the amendments may be consulted under as 1999 2262.

151.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton gender equality(gender equality act, gea)of 24 march 1995 (status as of 1 july 2020)the federal assembly of the swiss confederation,on the basis of articles 8 paragraph 3, 110 paragraph 1 letter a, 122 and 173 paragraph 2 of the federal constitution1,2and having considered the federal council dispatch dated 24 february 19933,decrees:1 sr 1012 amended by no i of the fa of 14 dec. 2018, in force since 1 july 2020 (as 2019 2815; bbl 2017 5507).3 bbl 1993 i 1248section 1 purpose art. 1 this act has the aim of furthering true equality between women and men.section 2 equality at work art. 2 principles this section applies to employment relationships under the swiss code of obligations4 as well as to all employment relationships under public law in the confederation, cantons and communes.4 sr 220art. 3 prohibition of discrimination 1 employees must not be discriminated against on the basis of their sex, whether directly or indirectly, including on the basis of their marital status, their family situation or, in the case of female employees, of pregnancy.2 this prohibition applies in particular to hiring, allocation of duties, setting of working conditions, pay, basic and continuing education and training, promotion and dismissal.3 appropriate measures aimed at achieving true equality are not regarded as discriminatory.art. 4 discrimination through sexual harassment any harassing behaviour of a sexual nature or other behaviour related to the person's sex that adversely affects the dignity of women or men in the workplace is discriminatory. such behaviour includes in particular threats, the promise of advantages, the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature.art. 5 employees' rights 1 anyone who is the victim of discrimination within the meaning of articles 3 and 4 may apply to the court or to the administrative authority for an order:a.prohibiting or stopping threatened discrimination;b.requiring existing discrimination to cease;c.confirming that discrimination is taking place if it is continuing to have a disruptive effect;d.for the payment of any salary due.2 if the discrimination relates to the refusal of employment or to dismissal under the code of obligations, the person concerned is entitled only to a compensatory payment. this payment must be fixed by taking all the circumstances into account and is calculated on the basis of the probable or actual salary.3 in the case of discrimination through sexual harassment, the court or the administrative authority may also award the person concerned compensation, unless the employer proves that it took measures that have been proven in practice to be necessary and adequate to prevent sexual harassment and which it could reasonably have been expected to take. the compensation must be fixed by taking all the circumstances into account and is calculated on the basis of the average swiss salary.4 the compensation in the case of discrimination through the refusal of employment in terms of paragraph 2 must not exceed an amount equivalent to three months' salary. the total amount of compensation must not exceed this sum even if two or more persons claim compensation for the discriminatory refusal of the same position. the compensation in the case of discrimination through dismissal under the code of obligations in terms of paragraph 2 and in the case of discrimination through sexual harassment in terms of paragraph 3 must not exceed an amount equivalent to six months' salary.5 claims for damages for financial loss and pain and suffering as well as further contractual claims are reserved.art. 6 reduced burden of proof in relation to the allocation of duties, setting of working conditions, pay, basic and continuing education and training, promotion and dismissal, discrimination is presumed if the person concerned can substantiate the same by prima facie evidence.art. 7 actions and appeals by organisations 1 organisations that have been in existence for at least two years and that have as their object in terms of their articles of incorporation the promotion of gender equality or safeguarding the interests of employees may in their own names have a finding of discrimination declared if the probable outcome of proceedings will have an effect on a considerable number of jobs. they must allow the employer concerned the opportunity to state his position before they institute conciliation proceedings or bring an action.2 the provisions on actions and appeals by individuals also apply by analogy.section 3 special provisions for employment relationships governed by the code of obligations5 5 sr 220art. 8 procedure in the case of discriminatory refusal of employment 1 persons whose application for employment has been refused and who claim discrimination may request a written statement of reasons from the employer.2 the right to compensation in accordance with article 5 paragraph 2 is forfeited unless an action is brought within three months of the employer giving notice of refusal of employment.art. 9 procedure in the case of discriminatory dismissal if an employee is discriminated against in the case of dismissal, article 336b of the code of obligations6 applies.6 sr 220art. 10 protection against dismissal 1 the termination of employment by an employer may be challenged if it takes place without good cause following a complaint of discrimination by the employee to a superior or the initiation of proceedings before a conciliation board or a court by the employee.2 protection against dismissal applies for the duration of any complaints procedure at the place of work, and of any conciliation or court proceedings, and for six months thereafter.3 the dismissal must be challenged in court before the expiry of the period of notice of termination. the court may order the temporary reinstatement of the employee for the duration of the proceedings if it appears likely that the requirements for overturning the dismissal are well founded.4 the employee may opt not to continue in employment for the duration of the proceedings and may instead claim compensation in accordance with article 336a of the code of obligations7.5 this article applies by analogy to dismissals that result from a complaint filed by an organisation in terms of article 7.7 sr 220art. 11 and 128 8 repealed by annex 1 no ii 1 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).section 4 legal protection in the case of public employment relationships art. 13 1 legal protection in the case of employment relationships under public law is governed by the general provisions on the administration of federal justice. in the case of complaints made by federal staff, article 58 of the federal act of 30 june 19279 on public officials also applies.2 if a person is discriminated against in the rejection of an application that would establish an employment relationship for the first time, then article 5 paragraph 2 applies. compensation may be requested at the same time that a complaint about the decision rejecting the application is made.3 federal employees may have recourse to a conciliation board within the period provided in terms of article 50 of the federal act of 20 december 196810 on administrative procedure. this board advises the parties and attempts to bring about a settlement.114 .125 the proceedings are free of charge, other than in cases of vexatious litigation. in proceedings before the federal supreme court, costs are governed by the federal supreme court act of 17 june 200513.149 [bs 1 489; as 1958 1413 art. 27 let. c, 1997 2465 annex 4, 2000 411 no ii 1853, 2001 894 art. 39 lett. 1 2197 art. 2 3292 art. 2. as 2008 3437 no i 1]. see now art. 35 and 36 of the federal personnel act of 24 march 2000 (sr 172.220.1).10 sr 172.02111 amended by no i of the federal act of 8 oct. 2004, in force since 1 march 2005 (as 2005 1023; bbl 2003 7809).12 repealed by annex no 1 of the federal supreme court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 1205; ff 2001 4202).13 sr 173.11014 sentence inserted by annex no 1 of the federal supreme court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 1205; ff 2001 4202).section 4a15 equal pay analysis and audit 15 inserted by no i of the fa of 14 dec. 2018, in force from 1 july 2020 to 30 june 2032 (as 2019 2815; bbl 2017 5507). art. 13a obligation to conduct an equal pay analysis 1 employers who employ 100 or more employees at the start of any year shall conduct an internal equal pay analysis for that year. apprentices are not regarded as employees for this purpose.2 the equal pay analysis shall be repeated every four years. if the number of employees falls below 100 during this period, the equal pay analysis shall be repeated when the number reaches 100 again.3 if the equal pay analysis indicates that equal pay requirements are being met, the employer concerned shall be exempted from the obligation to conduct an analysis.art. 13b exception to the obligation to conduct an equal pay analysis the obligation to conduct an equal pay analysis does not apply to employers:a.that are subject to verification of equal pay compliance as part of a procedure for the award of a public contract;b.that are subject to such verification in terms of an application for subsidies; orc.that have already been subject to such verification and have proven that they meet the requirements, unless more than four years has elapsed since the reference month.art. 13c method of equal pay analysis 1 the equal pay analysis shall be conducted according to a scientific method and in accordance with the law.2 the confederation shall provide all employers with a standard analysis tool free of charge.art. 13d audit of the equal pay analysis 1 employers subject to the swiss code of obligations16 shall have their equal pay analysis audited by an independent body. they may choose between:a.a firm of auditors licensed under the auditor oversight act of 16 december 200517; orb.an organisation under article 7 or an employees' representation in accordance with the participation act of 17 december 199318.2 the federal council shall lay down the criteria for training the lead auditors.3 the federal council shall regulate the conduct of the audit of the equal pay analysis at federal level.4 the cantons shall regulate the conduct of the audit of equal pay analyses in their fields of responsibility.16 sr 22017 sr 221.30218 sr 822.14art. 13e audit by a licensed firm of auditors 1 the employer shall provide the firm of auditors all documents and provide all the information required to carry out the audit.2 the firm of auditors shall verify whether the equal pay analysis has been conducted in a formally correct manner.3 it shall draw up a report for submission to the management of the company audited on the conduct of the analysis within a year the conduct of the equal pay analysis.art. 13f audit by an organisation or an employees' representation the employer shall enter into an agreement with the organisation under article 7 or the employees' representation on the procedure for the audit and reporting to the management of the company.art. 13g information for the employees employers shall inform the employees in writing of the result of the equal pay analysis within one year of the conclusion of the audit. art. 13h information for the shareholders companies whose shares are listed on a stock market shall publish the result of the equal pay analysis in the annex to their annual accounts (art. 959c para. 1 no 4 of the code of obligations19).19 sr 220art. 13i publication of results in the public sector public sector employers shall publish the individual results of the equal pay analysis and the audit.section 5 financial aid art. 14 promotion programmes 1 the federal government may grant financial aid to public or private institutions that conduct programmes for the promotion of gender equality in the workplace. it may conduct its own programmes.2 the programmes may serve:a.to encourage basic and continuing education training in or outside the workplace;b.to improve the representation of both sexes in the various professions, positions, and management levels;c.to improve the compatibility of work and family duties;d.to promote work organisations and infrastructures in the workplace that encourage equality.3 priority for the granting of aid will be given to programmes that are exemplary or innovative in character.art. 15 advice centres the federal government may grant financial aid to private institutions for:a.the provision of advice and information to working women;b.the encouragement of the reintegration of women and men who have interrupted their working activities in order to fulfil family duties.section 6 federal office for gender equality art. 16 1 the federal office for gender equality promotes the equality of women and men in all areas of life and is committed to eliminating any form of direct or indirect discrimination.2 for this purpose, it carries out the following tasks:a.it provides the general public with information;b.it advises authorities and private individuals;c.it conducts studies and recommends suitable measures to authorities and private individuals;d.it may participate in projects of national importance;e.it participates in the drafting of federal legislation in the event that such legislation is relevant to gender equality;f.it examines applications for financial aid in accordance with articles 14 and 15 and supervises the implementation of promotional programmes.section 7 final provisions art. 17 transitional provision claims in terms of article 5 paragraph 1 letter d are assessed under the new law provided the civil law action has been raised subsequent to the act coming into force or the competent authority of first instance has not issued a ruling up to that point in time.art. 17a20 transitional provision to the amendment of 14 december 2018 1 the federal council shall specify the date by which employers under article 13a must have carried out the first equal pay analysis.2 it may specify different dates for different sizes of company.20 inserted by no i of the fa of 14 dec. 2018 in force from 1 july 2020 to 30 june 2032 (as 2019 2815; bbl 2017 5507).art. 17b21 evaluation of effectiveness 1 the federal council shall arrange for an evaluation of the effectiveness of articles 13a-13i to be carried out.2 it shall report to parliament after the second equal pay analysis is carried out, but nine years at the latest after the articles mentioned in paragraph 1 come into force.21 inserted by no i of the fa of 14 dec. 2018, in force from 1 july 2020 to 30 june 2032 (as 2019 2815; bbl 2017 5507).art. 18 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 july 19962222 fcd of 25 oct. 1995.annex amendment of federal acts .2323 the amendments may be consulted under as 1996 1498.

151.3english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the elimination of discriminationagainst people with disabilities(disability discrimination act, dda)of 13 december 2002 (status as of 1 july 2020)the federal assembly of the swiss confederation,on the basis of articles 8 paragraph 4, 87, 92 paragraph 1 and 112 paragraph 6 of the federal constitution1,and having considered the dispatch of the federal council dated 11 december 20002,decrees:1 sr 1012 bbl 2001 1715section 1 general provisions art. 1 purpose 1 the act has the purpose of preventing, reducing or eliminating discrimination against people with disabilities.2 it lays down general conditions that make it easier for people with disabilities to participate in society and in particular to cultivate social contacts independently, and to have access to basic and advanced education and training and to employment.33 amended by annex no 3 of the fa of 20 june 2014 on continuing education and training, in force since 1 jan. 2017 (as 2016 689; bbl 2013 3729).art. 2 definitions 1 in this act, a person with a disability is a person who, due to a physical, mental or psychological impairment which is likely to be permanent, finds it difficult or is unable to carry out everyday tasks, cultivate social contacts, move around, obtain an education or training, or work.42 discrimination occurs when persons with disabilities are treated in legal or practical terms differently from persons without disabilities and thus without material justification are disadvantaged when compared to persons without disabilities, or when they are not treated differently but different treatment is necessary to ensure that persons with disabilities have the same rights as persons without disabilities.3 discrimination relating to access to a building, a structure, a dwelling or a public transport facility or vehicle occurs when access for persons with disabilities is not possible for structural reasons or is only possible with difficulty.4 discrimination in obtaining a service occurs when it is impossible or only possible with difficulty for persons with disabilities to obtain a service.5 discrimination in access to general and advanced education and training occurs in particular when:a.it is difficult for persons with disabilities to use aids or obtain the necessary assistance from other persons;b.the duration and organisation of the course and examinations are not adapted to the specific needs of persons with disabilities.4 amended by annex no 3 of the fa of 20 june 2014 on continuing education and training, in force since 1 jan. 2017 (as 2016 689; bbl 2013 3729).art. 3 scope of application this act applies to:a.publicly accessible buildings and structures where authorisation for the construction or renovation of their publicly accessible areas is granted following the commencement of this act;b.publicly accessible public transport facilities (buildings, structures, communications systems, ticket offices and machines) and vehicles that are subject to any of the following acts:1.the railways act of 20 december 19575,2.6.3.7the passenger transport act of 20 march 20098,4.9the trolleybus act of 29 march 195010,5.11the federal act of 3 october 197512 on inland navigation,6.the civil aviation act of 21 december 194813, or7.14the cableways act of 23 june 200615, with the exception of ski lifts and aerial cableways with fewer than nine places in each transport unit;c.residential buildings with more than eight residential units where authorisation for their construction or renovation is granted following the commencement of this act;d.buildings with more than 50 workplaces where authorisation for their construction or renovation is granted following the commencement of this act;e.16services that are in principle made available to any person by undertakings that require an infrastructure licence under article 5 of the railways act of 20 december 1957 or a passenger transport licence under article 6 of the passenger transport act of 20 march 2009, other licensed undertakings or state authorities;f.basic and advanced education and training;g.employment contracts under the federal personnel act of 24 march 200017.5 sr 742.1016 repealed by no i 1 of the fa of 28 sept. 2018 on the organisation of railway infrastructure, with effect from 1 july 2020 (as 2020 1889; bbl 2016 8661).7 amended by no i 1 of the fa of 28 sept. 2018 on the organisation of railway infrastructure, in force since 1 july 2020 (as 2020 1889; bbl 2016 8661).8 sr 745.19 amended by no i 1 of the fa of 28 sept. 2018 on the organisation of railway infrastructure, in force since 1 july 2020 (as 2020 1889; bbl 2016 8661).10 sr 744.2111 amended by no i 1 of the fa of 28 sept. 2018 on the organisation of railway infrastructure, in force since 1 july 2020 (as 2020 1889; bbl 2016 8661).12 sr 747.20113 sr 748.014 inserted by no i 1 of the fa of 28 sept. 2018 on the organisation of railway infrastructure, in force since 1 july 2020 (as 2020 1889; bbl 2016 8661).15 sr 743.0116 amended by no i 1 of the fa of 28 sept. 2018 on the organisation of railway infrastructure, in force since 1 july 2020 (as 2020 1889; bbl 2016 8661).17 sr 172.220.1art. 4 relationship with cantonal law this act shall not override cantonal provisions that are more favourable to persons with disabilities.art. 5 federal and cantonal measures 1 the confederation and the cantons shall take measures to prevent, reduce or eliminate discrimination; in doing so, they shall take account of the special needs of women with disabilities.2 appropriate measures to alleviate discrimination against persons with disabilities do not constitute unequal treatment under article 8 paragraph 1 of the federal constitution.art. 6 services provided by private entities private entities that offer public services may not discriminate against persons with disabilities due to their disabilities.section 2 legal rights and procedures art. 7 legal rights relating to buildings, facilities or vehicles 1 any person suffering discrimination as defined in article 2 paragraph 3 may when a building or structure as defined in article 3 letters a, c and d is constructed or renovated: a.during the building authorisation procedure, request the competent authority that the discrimination cease;b.by way of exception, claim in civil proceedings a legal right to the elimination of discrimination on conclusion of the building authorisation procedure, where the failure to take the measures required by law was not recognisable during the building authorisation procedure.2 any person who suffers discrimination as defined in article 2 paragraph 3 in relation to a public transport facility or vehicle as defined in article 3 letter b may request the competent authority to order the licensed undertaking to eliminate or cease the discrimination.1818 amended by no i 1 of the fa of 16 march 2012 on the second stage of railways reform 2, in force since 1 july 2013 (as 2012 5619, 2013 1603; bbl 2011 911).art. 8 legal rights in the case of services 1 any person who suffers discrimination as defined in article 2 paragraph 4 by a licensed undertaking or a state authority may request a court or an administrative authority to order the provider of the service to eliminate or cease the discrimination.192 any person suffers discrimination as defined in article 2 paragraph 5 by a state authority may request a court or an administrative authority to order the state authority to eliminate or cease the discrimination.3 any person who suffers discrimination as defined in article 6 may claim compensation in a court.19 amended by no i 1 of the fa of 16 march 2012 on the second stage of railways reform 2, in force since 1 july 2013 (as 2012 5619, 2013 1603; bbl 2011 911).art. 9 right of organisations for persons with disabilities to appeal and take legal action 1 organisations for persons with disabilities operating throughout switzerland that have been established for at least ten years may take legal action in cases of discrimination that affect a substantial number of persons with disabilities.2 the federal council shall designate the organisations entitled to appeal.3 these organisations have a right of appeal:a.in civil proceedings to declare that there is discrimination as defined in article 6;b.in proceedings to grant authorisation for the construction or the renovation of buildings and structures in order to enforce the legal rights defined in article 7;c.in proceedings by the federal authorities for planning approval and for the registration or testing of vehicles under:1.article 13 paragraph 1 of the road traffic act of 19 december 195820,2.article 18 and 18w of the railways act of 20 december 195721,3.article 11 and 13 of the federal act of 29 march 195022 on trolleybus companies,4.23articles 8 14 and 15b paragraph 2 of the federal act of 3 october 197524 on inland navigation,5.article 37 of the air navigation act of 21 december 194825,6.26article 9 of the cableways act of 23 june 200627;d.against rulings by the federal authorities on the granting of licences under:1.articles 28 and 30 of the air navigation act of 21 december 1948,2.article 14 of the telecommunications act of 30 april 199728,3.article 10 of the federal act of 21 june 199129 on radio and television.4 the authority shall give notice of rulings under paragraph 3 letters c and d that may be subject to an appeal by organisations for persons with disabilities to the organisations in writing or by publication in the official federal gazette or in the cantonal publication organ. an organisation that does not file an appeal may only participate in subsequent proceedings as a party if the ruling is amended such that persons with disabilities are discriminated against.5 if objection proceedings are conducted before a ruling is issued, notice must be given of the application in accordance with paragraph 4. an organisation has a right of appeal only if it was a party to the objection proceedings.20 sr 741.0121 sr 742.10122 sr 744.2123 amended by no ii 1 of the fa of 17 march 2017, in force since 1 jan. 2020 (as 2019 1749; bbl 2016 6435).24 sr 747.20125 sr 748.026 amended by no i 1 of the fa of 16 march 2012 on the second stage of railways reform 2, in force since 1 july 2013 (as 2012 5619, 2013 1603; bbl 2011 911).27 sr 743.0128 sr 784.1029 [as 1992 601, 1993 3354, 1997 2187 annex no 4, 2000 1891 no viii 2, 2001 2790 annex no 2, 2002 1904 art. 36 no 2, 2004 297 no i 3 1633 no i 9 4929 art. 21 no 3, 2006 1039 art. 2. as 2007 737 annex no i]. see now the fa of 24 march 2006 (sr 784.40).art. 10 costs of the proceedings 1 proceedings under articles 7 and 8 are free of charge.2 a party that acts in bad faith or that fails to take the proceedings seriously may be required to pay procedural costs.3 in proceedings before the federal supreme court, the court costs are governed by the federal supreme court act of 17 june 200530.3130 sr 173.11031 amended by annex no 5 of the administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).section 3 proportionality art. 11 general principles 1 the court or the administrative authority is not required to order the elimination of discrimination if the expected benefit for persons with disabilities is disproportionate in particular to:a.the financial cost;b.the interests of environmental protection and the protection of nature and cultural heritage;c.transport and operational safety concerns.2 in determining compensation under article 8 paragraph 3, the court shall take account of the circumstances, the seriousness of the discrimination and the value of the service. compensation shall amount to a maximum of 5000 francs.art. 12 special cases 1 when weighing-up interests under article 11 paragraph 1, the court or the administrative authority is not required to order the elimination of discrimination relating to access to buildings, structures and dwellings under article 3 letters a, c and d if the cost of the modifications exceeds five per cent of the insurance value of the building or new value of the structure or 20 per cent of the renovation costs.2 when weighing-up interests under article 11 paragraph 1, the court or the administrative authority shall take account of the time required to make adaptations in public transport (art. 22); account must also be taken of the federal implementation concept for the payment of financial assistance (art. 23 para. 3) and the operations and investment plans of the public transport company based thereon.3 the court or the administrative authority shall require the licensed undertaking or state authority to offer an appropriate alternative solution if it decides under article 11 paragraph 1 not to order the elimination of discrimination.3232 amended by no i 1 of the fa of 16 march 2012 on the second stage of railways reform 2, in force since 1 july 2013 (as 2012 5619, 2013 1603; bbl 2011 911).section 4 special provisions for the confederation art. 13 measures relating to employees 1 the confederation as an employer shall make every effort to offer persons with disabilities the same opportunities as those without disabilities. in all employment relationships and at all levels, but in particular in the case of employment vacancies, the confederation shall take the measures required to implement the act.2 paragraph 1 applies to employers under article 3 of the federal personnel act of 24 march 200033.33 sr 172.220.1art. 14 measures for persons with speech, hearing or visual disabilities 1 in its dealings with the public, the authorities shall take account of the special concerns of persons with speech, hearing or visual disabilities.2 where they offer their services online, such services must be accessible to persons with visual disabilities without difficulty. the federal council shall issue the required technical regulations. it may declare technical standards to be binding for private organisations.3 in addition to the benefits under invalidity insurance, the confederation may:a.support cantonal measures to promote the academic and professional education and training of persons with speech or hearing disabilities in sign and spoken language and to promote the language skills of persons with visual disabilities;b.support non-profit organisations and institutions of national importance that address the problems of language and understanding faced by persons with speech, hearing or visual disabilities.4 the confederation may promote measures to make television programmes accessible to persons with hearing or visual disabilities.art. 15 regulations on technical standards 1 to ensure the provision of a public transport system suitable for persons with disabilities, the federal council shall issue regulations for licensed undertakings that require a licence under federal law on the design:34a.of railway stations, public transport stops and airports;b.of communications systems and ticket-issuing systems;c.of vehicles.2 the federal council shall issue regulations on measures benefiting persons with disabilities for buildings and structures that the confederation constructs or partly finances.3 the regulations under paragraphs 1 and 2 shall be regularly adapted to the state of the art. the federal council may declare technical standards or other stipulations to be binding on private organisations.4 the federal council shall consult interested groups before issuing the regulations under paragraphs 1 and 2.5 different regulations may be issued for existing and new buildings, structures, communications and ticket issuing systems, and vehicles.34 amended by no i 1 of the fa of 16 march 2012 on the second stage of railways reform 2, in force since 1 july 2013 (as 2012 5619, 2013 1603; bbl 2011 911).art. 16 programmes for the integration of persons with disabilities 1 the confederation may conduct programmes to promote the integration of persons with disabilities into society.2 the programmes may relate to the following matters in particular:a.education;b.employment;c.housing;d.personal transport;e.culture;f.sport.3 the confederation may participate in such programmes where they are offered by national organisations or organisations in specific language regions, in particular by providing financial assistance.art. 17 pilot projects on integration into working life the federal council may conduct or support fixed-term pilot projects in order to test incentive systems for the employment of persons with disabilities. it may to this end provide investment contributions for the creation or equipping of workplaces suitable for persons with disabilities.art. 18 information, advice and monitoring effectiveness 1 the confederation may conduct information campaigns in order to increase public awareness of the problems regarding equality and integration of persons with disabilities and to indicate to the groups concerned what action can be taken.2 it may advise and make recommendations to private individuals and authorities. 3 it shall regularly monitor the effect that its measures are having on integration. it may also investigate the effects of measures taken by other state authorities or private individuals.art. 19 bureau for the equality of persons with disabilities the federal council shall establish a bureau for the equality of persons with disabilities. this shall in particular promote:a.information on the statutory principles and guidelines on preventing, reducing or eliminating discrimination against people with disabilities;b.programmes and campaigns under articles 16 and 18;c.analyses and surveys relating to equal rights and the integration of persons with disabilities;d.coordination of the activities of public and private organisations in this field.section 5 special provisions for the cantons art. 20 1 the cantons shall ensure that children and young people with disabilities receive a basic education adapted to their special needs.2 wherever possible and beneficial to the child or young person with a disability, the cantons shall provide suitable forms of schooling to encourage the integration of children and young people with disabilities in the regular school system.3 in particular, they shall ensure that that children and young people with perceptual or articulation disorders and persons close to them can learn a communication technique appropriate for the disability.section 6 final provisions art. 21 amendment of current legislation the amendment of current legislation is regulated in the annex.art. 22 deadlines for public transport adaptations 1 existing public transport buildings, structures and vehicles must be adapted for use by persons with disabilities within 20 years of the commencement of this act.2 communications systems and ticket issuing systems must be adapted for use by persons with disabilities within ten years of the commencement of this act.3 prior to the adaptation deadlines under paragraphs 1 and 2, public transport companies have the right to have their operations and investment plans based on the federal implementation concept for the granting of financial assistance (art. 23 para. 3) considered.art. 23 financial assistance 1 within the scope of their responsibilities for the funding of public transport, the confederation and the cantons shall grant financial assistance for the measures under article 22.2 the confederation shall specify a spending ceiling for a period of 20 years.3 the federal council shall in particular specify the priorities, conditions and applicable rates for financial assistance.art. 24 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date:35 1 jan. 2004annex nos 2 and 3: 1 jan. 200535 fcd of 25 june 2003.annex (art. 21)amendment of current legislation the following enactments are amended as follows:.3636 the amendments may be consulted under as 2003 4487.

152.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton archiving(archiving act, archa)of 26 june 1998 (status as of 1 may 2013)the federal assembly of the swiss confederation,based on article 85 section 1 of the federal constitution1,and having considered the federal council dispatch dated 26 february 19972,decrees:1 [bs 1 3]. the provision corresponds to art. 173 para. 2 of the federal constitution of 18 april 1999 (sr 101).2 bbl 1997 ii 941section 1 general provisions art. 1 purpose and scope 1 this act regulates the archiving of documents from:a.the federal assembly;b.the federal council, the federal administration as defined in article 2 of the government and administration organisation act of 21 march 19973, and the units of the armed forces;c.swiss diplomatic and consular missions abroad;d.4the federal criminal court, the federal administrative court, the federal patent court and the federal appeals and arbitration commissions;e.the autonomous institutions of the confederation;f.the swiss national bank;g.extra-parliamentary committees;h.other public or private law bodies that fulfil executive tasks delegated to them by the confederation, with the exception of the cantons;i.former federal bodies.2 this act also applies to the use of archive records belonging to the confederation by federal bodies and by third parties.3 the federal supreme court shall regulate the archiving of their documents in accordance with the principles contained in this act and in consultation with the swiss federal archives (federal archives).53 sr 172.0104 amended by no i 1 of the fa of 28 sept. 2012 on the amendment of procedural provisions on lawyers' professional secrecy, in force since 1 may 2013 (as 2013 847; bbl 2011 8181).5 amended by no ii 3 of the fa of 20 march 2008 on the formal revision of federal legislation, in force since 1 aug. 2008 (as 2008 3437; bbl 2007 6121).art. 2 principles 1 federal documents that are valuable for legal, political, economic, historical, social or cultural reasons shall be archived.2 archiving makes a contribution towards legal certainty as well as to the continuous and efficient management of administrative activities. in particular, it forms the basis for historical and sociological research.art. 3 definitions 1 documents within the meaning of this act are all recorded information, irrespective of the medium, that is received or produced in the fulfilment of the public duties of the confederation, as well as all finding aids and supplementary data that are required in order to understand and use this information.2 archive records are documents that have been accepted by the federal archives for safekeeping or that are independently archived by other bodies in accordance with the principles laid down in this act.3 documents that are of archival value are documents of legal or administrative importance or which contain valuable information.section 2 safekeeping of documents art. 4 archiving responsibilities 1 the federal archives shall archive the documents of the confederation.2 the archiving of cantonal documents that have originated in the conduct of federal tasks is the responsibility of the cantons, unless a federal act provides otherwise.3 the swiss national bank and autonomous institutions designated by the federal council are responsible for the archiving of their own documents in accordance with the principles of this act.4 the federal criminal court, federal administrative court, federal patent court and the federal appeals and arbitration commissions shall offer their documents to the federal archives for safekeeping in the event that they are themselves unable to archive the documents in accordance with the principles of this act.65 other public or private law bodies, provided they carry out executive tasks delegated to them by the confederation, are themselves responsible for the archiving of related documents in accordance with the principles of this act or shall offer these to the federal archives for safekeeping. the federal council shall enact a corresponding ordinance.6 amended by no i 1 of the federal act of 28 sept. 2012 on the amendment of procedural provisions on lawyers' professional secrecy, in force since 1 may 2013 (as 2013 847; bbl 2011 8181).art. 5 information and records management 1 the federal archives shall advise the offices required to offer their records for safekeeping on the organisation, management, preservation and delivery of their documents. it may also offer such services to other bodies.2 it has the power to consult registries or information management centres of the offices required to offer their records for safekeeping and to consult the condition of the documents held there.3 it shall issue directives to the offices required to offer their records for safekeeping on:a.the management, preservation and delivery of documents;b.the creation and management of parallel archives.art. 6 obligation to offer records for safekeeping the bodies designated in article 1 paragraph 1 must offer all documents that they no longer constantly require to the federal archives for safekeeping, provided they are not themselves responsible for their archiving.art. 7 assessment of the archival value and acceptance of documents 1 the federal archives, in cooperation with the bodies designated in article 1 paragraph 1, shall decide whether documents are of archival value.2 documents that are assessed as being of archival value must be delivered to the federal archives by the bodies required to offer their records for safekeeping. offices not required to offer their records for safekeeping are responsible for their own archiving.3 the federal archives may temporarily safeguard documents that are assessed as not being of archival value if such safeguarding is required by federal law.art. 8 destruction of documents 1 documents that are subject to the obligation to be offered for safekeeping must not be destroyed without the consent of the federal archives.2 the federal archives may not destroy documents without the consent of the body that has delivered them.section 3 access to archive records art. 9 principle of freedom of access and period of retention 1 the archive records of the confederation become available for consultation by the general public free of charge after the expiry of a retention period of 30 years, subject to the terms of articles 11 and 12.2 documents that were accessible to the public before their delivery to the federal archives remain accessible to the public.art. 10 calculation of the retention period the retention period normally begins on the date of the most recent document of a case or file.art. 11 extended retention period for personal data 1 archive records that are classified according to the names of people and which contain sensitive personal data or personality profiles are subject to a retention period of 50 years, unless the person concerned has consented to their consultation.2 the extended retention period ends three years after the death of the person concerned, subject to the provisions of article 12.3 consultation for the purpose of research not related to specific persons may be permitted during the extended retention period by the department responsible, subject to the imposition of restrictive conditions.art. 12 further restrictions on consultation 1 if there is an overriding and legitimate public or private interest in preventing the consultation by third parties of certain categories of archive records, the federal council may in an ordinance restrict or prohibit consultation for a limited period following the expiry of the retention period.2 if there is a predominant and legitimate public or private interest in preventing the consultation by third parties of archive records in a specific case, then the body delivering the records or the federal archives may restrict or prohibit consultation for a limited period following the expiry of the retention period.art. 13 consultation during the retention period 1 at the request of the federal archives, the body delivering the records may release archive records to the public or allow individual persons to consult the records before expiry of the retention periods stipulated in articles 9, 11 or 12 paragraph 1, if:a.there are no statutory regulations that prevent this; andb.no overriding and legitimate public or private interests preclude consultation.2 such authorisations apply to all applicants subject to the same conditions.3 the authorisation shall specify how the archive records are to be consulted. the consultation may be made subject to conditions; in particular, it may be required that personal data be rendered anonymous.4 the federal council regulates the details of the authorisation procedure and the conditions attached to consultation unless the general provisions of the law on administrative procedure apply.art. 14 consultation by the bodies delivering the records 1 the bodies delivering the records may also consult the records they have delivered during the retention period.2 in the case of personal data, the bodies delivering the records may consult the documents they have delivered during the retention period if they require these:a.as evidence;b.for legislative purposes or for the administration of justice;c.for statistical analysis; ord.to decide on the granting, restriction or refusal of the right of the person concerned to consult documents or to obtain information.3 restrictions on the basis of other statutory regulations are reserved.4 the archive records must not be amended.art. 15 information to persons concerned; contesting information 1 the provision of information and granting permission to consult records to the persons concerned are governed by the provisions of the federal act of 19 june 19927 on data protection. refusals of information are issued by the bodies delivering the records.2 the federal archives may in addition defer or restrict the provision of information if such provision is not compatible with the efficient management of administrative activities.3 the persons concerned may not request the destruction or correction of data; they may merely have the records annotated to the effect that the data is disputed or incorrect.7 sr 235.1art. 16 consultation of bequests and deposits 1 the consultation of bequests or deposits made by natural or legal persons is governed by the provisions of the acquisition contracts.2 in the absence of such provisions, the provisions for federal archive records apply.section 4 organisation and use art. 17 further duties of the federal archives 1 the federal archives preserves the historical archives of the helvetian republic, the mediation era and the tagsatzung period.2 it undertakes to obtain archives and bequests from persons under private or public law that are of importance to switzerland as a whole. it may enter into contracts for the acquisition of such archives.3 it shall ensure the secure and professional safekeeping, classification and accessibility of archive records and participate in their exploitation.4 the federal archives shall cooperate with other federal authorities, the cantons and with private individuals. it shall ensure the promotion of archiving activities. it shall collaborate with national and international archiving organisations.art. 18 specialist services 1 the federal council may authorise the federal archives as part of a service mandate to provide to third parties specialist services within its area of responsibility, in particular restoration and conservation work, as well as advisory services in the field of information management. the terms and conditions of such services shall be regulated by private law contracts.2 such services may be provided as activities ancillary to the fulfilment of statutory duties and may not be offered at below cost price.art. 19 commercial use of the archive records 1 the use of the archive records for commercial purposes requires authorisation.2 authorisation may be made subject to the contractual regulation of the scope of use and, if applicable, the participation of the confederation in any profits made.3 the federal council regulates the requirements, procedure and responsibilities for authorising and entering into contracts for the commercial use of archive records.art. 20 prohibition of transfer of ownership and of acquisitive prescription 1 the archive records of the confederation are inalienable. the federal council may provide for exceptions by means of an ordinance.2 third parties may not acquire archive records, even through acquisitive prescription.art. 21 regulations on use; administrative measures the federal archives shall issue regulations on use. it may in particular provide therein that persons who have been in serious violation of this act or the regulations on use are refused access to the federal archives.art. 22 specimen copies a specimen copy must be provided free of charge of all work and publications that relate wholly or partly to archive records in the federal archives.section 5 criminal provision art. 23 anyone who publishes information from archive records that is subject to the retention period or is in any other way expressly prohibited from publication is liable to a fine, unless a more serious offence has been committed.88 amended by art. 333 of the criminal code (sr 311.0) in the version of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).section 6 final provisions art. 24 implementation 1 the federal council shall enact the implementing provisions.2 it regulates the delivery and archiving of service records of persons who work for the federal government on the basis of a private law contract of agency.art. 25 amendment of current law .99 the amendments may be consulted under as 1999 2243.art. 26 transitional provision 1 on expiry of the applicability of the federal decree of 9 october 199210 on the consultation of the files of the office of the attorney general of switzerland, the provisions of this act apply to its field of application.2 documents within the meaning of the federal decree may not be consulted by the federal administration for 50 years from the date of the most recent documents of a case or file.10 [as 1993 375, 1995 4093 annex 1 no 3. as 2001 189 art. 1]art. 27 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 october 19991111 fcd of 8 sept. 1999.

152.3 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton freedom of information in the administration(freedom of information act, foia)of 17 december 2004 (status as of 19 august 2014)the federal assembly of the swiss confederation,based on article 173 paragraph 2 of the federal constitution1, and having considered the federal council dispatch dated 12 february 20032decrees:1 sr 1012 bbl 2003 1963section 1 general provisions art. 1 aim and subject matter this act seeks to promote transparency with regard to the mandate, organisation and activities of the administration. to this end, it contributes to informing the public by ensuring access to official documents.art. 2 personal scope of application 1 this act applies to:a. the federal administration;b. public and private bodies outside the federal administration, insofar as they enact legislation or issue first instance rulings within the meaning of article 5 of the federal act of 20 december 19683 on administrative procedure (administrative procedure act);c. the parliamentary services.2 this act does not apply to the swiss national bank or the swiss financial market supervisory authority.43 the federal council is authorised to exclude other organisational units of the federal administration, as well as other organisations and persons outside the federal administration, from the scope of this act, should:a. the functions assigned to same so require;b. their competitiveness be prejudiced by being subject to this act; orc. the functions assigned to them be of only minor importance.3 sr 172.0214 amended in accordance with annex no 1 the financial market supervision act of 22 june 2007, in force since 1 jan. 2009 (as 2008 5207; bbl 2006 2829).art. 3 material scope of application 1 this act does not apply to:a.access to official documents relating to:1.civil proceedings,2.criminal proceedings,3.international mutual and administrative assistance proceedings,4.international dispute settlement proceedings,5.constitutional and administrative judicial proceedings; or6.arbitration proceedings;b.the consultation, by a party, of the case file in first-instance administrative proceedings.2 access to official documents containing personal information about the applicant is governed by the federal act of 19 june 19925 on data protection (data protection act).5 sr 235.1art. 4 reservation of special provisions special provisions contained in other federal acts are reserved where they:a.declare certain information secret; orb.declare the access to certain information to be subject to requirements derogating from those set out herein;art. 5 official documents 1 an official document is any information:a.which has been recorded, regardless of the medium;b.retained by the authority which issued the same or to which it has been communicated; andc.which concerns the execution of a public function.2 documents which have been produced by means of a simple computerised process from recorded information which meets the requirements of paragraph 1 letters a, b and c above are deemed to be official documents.3 not deemed to be official documents are any documents which:a.are used by an authority in a commercial capacity;b.have not been issued; orc.are intended for personal use.section 2 right of access to official documents art. 6 principle of freedom of information 1 any person has the right to inspect official documents and to obtain information about the content of official documents.2 the documents may be inspected in situ or a copy thereof may be requested. the legislation governing copyright is reserved.3 where an official document has already been published by the federal government in paper or electronic format, the rights under paragraphs 1 and 2 above are deemed to have been fulfilled.art. 7 exceptions 1 the right of access shall be limited, deferred or refused if such access to an official document:a.significantly impairs the free opinion-forming and decision-making processes of an authority which is subject to this act, or of another legislative, administrative or judicial body;b.affects the execution of specific measures taken by an authority in conformity with its objectives;c.is likely to compromise the domestic and international security of switzerland;d.is likely to affect the interests of switzerland in matters of foreign policy and international relations;e.is likely to affect relations between the federal government and the cantons, or inter-cantonal relations;f.is likely to affect the economic or monetary interests of switzerland;g.is likely to reveal professional, business or manufacturing secrets; orh.is likely to result in the release of information provided voluntarily by a third party to an authority which undertook to maintain secrecy with regard thereto.2 the right of access shall be limited, deferred or refused if such access to an official document is likely to prejudice the privacy of a third party, unless exceptionally outweighed by public interest.art. 8 special cases 1 there is no right of access to official documents of joint reporting proceedings.2 access to official documents is granted only after the political or administrative decisions based thereon have been taken.3 by way of exception, the federal council may decide to withhold access to official documents resulting from official departmental consultation processes even after decisions have been made.4 under no circumstances may access to official documents about the status of pending or future negotiations be granted.5 access to reports on the evaluation of the performance of the federal administration and the effectiveness of its measures is guaranteed.art. 9 protection of personal data 1 official documents containing personal data shall, wherever possible, be rendered anonymous prior to inspection.2 where a request for access covers official documents which cannot be rendered anonymous, article 19 of the data protection act6 shall apply. the relevant procedure shall be governed by this act.6 sr 235.1section 3 procedure for access to official documents art. 10 access application 1 an application for access to official documents shall be addressed to the authority which created the documents or received the same as primary addressee from third parties not subject to this act.2 the federal council may provide a special procedure for access to official documents by swiss representations abroad and by missions to international organisations.3 the application must be formulated in a sufficiently accurate manner.4 the federal council shall enact regulations governing the particulars of this procedure:a.it shall take the special needs of the media into account;b.should a large number of applications cover the same document, it may stipulate other modalities governing such access;c.it may extend the processing deadlines for applications which require particularly extensive processing.art. 11 consultation 1 should an application be made for access to official documents which contain personal data, and which the authority is considering granting, it shall consult the person concerned and afford him the opportunity to submit comments within ten days.2 the authority shall then inform such consulted person of the position it intends to take concerning the application for access.art. 12 decision of the authority 1 the authority shall make a decision as soon as possible and in any case no later than 20 days after receipt of the application.2 the deadline may, under exceptional circumstances, be extended by 20 days, should the application for access concern a large number of documents or documents which are complex or difficult to obtain. should an application concern official documents containing personal information, the deadline shall be extended for the required period.3 should an application concern official documents containing personal information, the authority shall suspend access until the legal situation has been clarified.4 the authority shall inform the applicant, with summary grounds, of any extension of the deadline, limitation or refusal of access. information concerning the limitation or denial of access, as well as the grounds therefor, shall be conveyed in writing.art. 13 mediation 1 a request for mediation may be filed by any person:a.whose access to official documents has been limited, deferred or refused;b.whose application was not decided by the authority within the deadline;c.who was consulted pursuant to article 11, should the authority intend granting access contrary to his wishes.2 the request for mediation must be filed in writing with the federal data protection and information commissioner within 20 days of receipt of the decision from the authority or the date of the authority's failure to comply with the deadline.3 should mediation succeed, the matter is deemed to have been settled.art. 14 recommendation should mediation fail, the federal data protection and information commissioner shall provide the participants to the mediation proceedings with a written recommendation within 30 days of receipt of the request for mediation.art. 15 decision 1 within ten days of receipt of the recommendation, the applicant or the person consulted may request a decision pursuant to article 5 of the administrative procedure act of 20 december 19687.2 furthermore, the authority shall hand down a decision, where, contrary to the recommendation, it intends to:a.limit, defer or refuse the right of access to an official document;b.grant the right of access to an official document containing personal information.3 a decision shall be issued within 20 days of receipt of the recommendation or the request for a decision pursuant to paragraph 1 above.7 sr 172.021art. 168 appeal 1 the appeals procedure are subject to the general provisions found in the relevant legislation governing the federal administration of justice.2 the appeal instances shall also have access to official documents which are secret.8 amended in accordance with annex no 7 the federal administrative court act of 17june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 17 fees 1 in principle, access to official documents is subject to payment of a fee.92 no fee is charged for:a.the processing of an application which gives rise to minimal costs;b.mediation proceedings (art. 13); andc.proceedings before the first instance (art. 15).3 the federal council shall regulate the details and fee rates on the basis of the effective costs incurred. specific provisions set out in other legislation are reserved.4 fees may, in any event, be charged for the release of reports, brochures and other printed material and information carriers.9 the correction of 19 aug. 2014 relates to the italian text only (as 2014 2599).section 4 federal data protection and information commissioner art. 18 duties and competencies the federal data protection and information commissioner (the commissioner) pursuant to article 26 of the data protection act10 shall, in particular, have the following duties and competencies under the present act:a.conducting mediation proceedings (art. 13) and making a recommendation (art. 14), should mediation not succeed;b.providing information ex officio, or at the request of individuals or authorities, on the modalities governing access to official documents;c.commenting on draft legislation and measures of the federal government which have a fundamental impact on the principle of freedom of information.10 sr 235.1art. 19 evaluation 1 the commissioner shall review the execution and effectiveness of this act and, in particular, the costs incurred in its implementation, and shall report on a regular basis to the federal council.2 the commissioner shall submit the first report on the implementation costs of this act to the federal council within three years of its entry into force.3 the reports of the commissioner shall be published.art. 20 right to information and inspection 1 within the context of mediation proceedings, the commissioner shall have access to official documents, even if they are subject to secrecy.2 the commissioner and his secretariat shall be subject to official secrecy to the same extent as the authorities whose official documents they inspect or from whom they obtain information.section 5 final provisions art. 21 implementation the federal council may, in particular, enact provisions governing the:a.processing of official documents;b.information pertaining to official documents;c.publication of official documents.art. 22 amendments of existing legislation amendments to existing legislation are regulated in the annex.art. 23 transitional provisions this act shall apply to official documents produced or received by authorities after its commencement.art. 24 referendum and commencement 1 this act shall be subject to optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 july 20061111 fcd of 24 may 2006.annex (art. 22)amendment of existing legislation the federal acts below are amended as follows:.1212 the amendments may be consulted under as 2006 2319.

170.512english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the compilations of federal legislation and the federal gazette(publications act, publa)of 18 june 2004 (status as of 26 november 2018)the federal assembly of the swiss confederation,based on article 173 paragraph 2 of the federal constitution1,and having considered the federal council dispatch of 22 october 20032,decrees:1 sr 1012 bbl 2003 7711section 1 general provisions3 3 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057). art. 1 subject matter4 this act regulates the publication by the federal chancellery of:5a.the compilations of federal legislation (the official compilation of federal legislation, as and the classified compilation of federal legislation, sr);b.the federal gazette (bbl);c.6other texts related to legislation.4 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).5 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).6 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 1a7 online publication 1 publication under this act takes place centrally via a publicly accessible online platform (the publications platform).2 .87 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).8 not yet in force.section 2 official compilation of federal legislation art. 2 enactments of the confederation the following shall be published in the as:a.the federal constitution;b.federal acts;c.ordinances of the federal assembly;d.ordinances of the federal council;e.other legislative enactments of the federal authorities and of organisations and persons under public or private law that are assigned administrative duties but do not form part of the federal administration;f.federal decrees subject to the optional referendum;g.federal decrees on the approval of international treaties;h.simple federal decrees, if the federal assembly so decides.art. 3 international treaties and international law decrees 1 if they are binding on switzerland, the following shall be published in the as:a.international treaties that are subject to a referendum under articles 140 paragraph 1 letter b and 141 paragraph 1 letter d of the federal constitution;b.other international treaties and decrees under international law that enact law or confer legislative powers.92 the federal council may decide that treaties and decrees that are not legislative in their nature be published in the as.3 the federal council shall determine the requirements by which treaties and decrees of no more than six months in duration and of limited scope need not be published in the as.109 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).10 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 4 agreements between the confederation and the cantons and between cantons11 the following shall be published in the as:a.agreements between the confederation and the cantons that enact law or confer legislative powers;b.other agreements between the confederation and the cantons if the federal council so decides;c.12agreements between cantons that have been declared by the confederation to be generally binding (art. 48a federal constitution).11 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).12 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 513 publication by reference 1 texts in terms of articles 2-4 which by their special nature are not suitable for the publication in the as shall be included simply as a title with a reference or source, in particular if:a.they concern only a small group of people;b.they are technical in nature and only intended for specialists;c.they must be published in a format that is not suitable for publication in the as; ord.a federal act or federal assembly ordinance requires publication outside the as.2 texts under articles 2-4 that are published in another organ of publication available free of charge in switzerland shall also be included in the as only by title with a reference or source in that organ.3 articles 6-10 and 14 apply.13 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016, with the exception of the introductory sentence to para. 1 (as 2015 3977; bbl 2013 7057).art. 614 exceptions to the publication requirement 1 federal enactments, international treaties and decrees under international law that must be treated as confidential in the interests of switzerland's internal or external security or international commitments shall not be published in the as.2 where texts under paragraph 1 impose obligations on individuals, only persons who have been given notice of the relevant provisions are bound.14 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 715 ordinary, emergency and exceptional publication 1 the texts in terms of articles 2-4 shall be published in the as at least five days before they come into force.2 agreements and decrees under articles 3 and 4 whose commencement date is not yet known at the time of their approval shall be published immediately after the announcement of their commencement date.3 a text shall be published by way of exception on the day it comes into force at the latest (emergency publication) if this is required either to ensure its effectiveness.4 if the publications platform is not available, the texts shall be published by other means (exceptional publication).15 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 8 legal effect of publication 1 legal obligations arising from texts in terms of articles 2-4 shall apply as soon as the texts have been published in accordance with the provisions of this section.2 if an enactment is published in the as after commencement, obligations arising therefrom apply from the day following publication, subject to article 7 paragraph 3.3 if an enactment is published under the exceptional procedure, it remains open to any person affected thereby to show that he or she was unaware of the enactment and despite taking all reasonable care could not have been aware of it.art. 916 16 repealed by no i of the fa of 26 sept. 2014, with effect from 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 10 formal corrections 1 the federal chancellery shall correct errors and formulations in the as that affect the meaning and do not correspond to the decision of the enacting authority:a.in federal enactments, with the exception of federal assembly enactments: at its own behest;b.in international treaties and decrees under international law: by agreement with the contracting partners.172 for the correction of federal assembly enactments, articles 57 paragraph 1bis and 58 of the parliament act of 13 december 200218 applies.193 errors in federal assembly enactments that arose on publication are corrected in the as by the federal chancellery by agreement with the federal assembly drafting committee.2017 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).18 sr 171.1019 amended by no ii 1 of the fa of 15 june 2018 (miscellaneous amendments of parliamentary law), in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).20 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).section 3 classified compilation of federal legislation art. 1121 content the sr is a revised compilation, arranged under subject headings and updated at regular intervals, which contains:a.the texts published in the as, with the exception of non-legislative federal decrees on the approval of international treaties and decrees under international law; and b.the cantonal constitutions.21 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 12 informal corrections and amendments 1 the federal chancellery shall informally correct errors in the sr that do not change the meaning.2 it shall informally amend details such as descriptions of administrative units, links, references or abbreviations in the sr.3 for the correction of federal assembly enactments, article 58 of the parliament act of 13 december 200222 applies.22 sr 171.10section 4 federal gazette art. 13 1 the following shall be published in the federal gazette:a.dispatches and drafts of the federal council on enactments of the federal assembly;b.23reports and drafts of federal assembly committees on enactments of the federal assembly and the related federal council statements;c. 24.d.federal decrees on amendments to the constitution as well as on the approval of international treaties in accordance with article 140 paragraph 1 letter b of the federal constitution;e.federal acts and federal decrees subject to an optional referendum;f.simple federal decrees that are not published in the as in accordance with article 2 letter h;fbis.25federal council directives;g.further texts that must be included in accordance with federal legislation.2 in addition, the following may be published in the federal gazette:a.reports, statements or agreements of the federal council, federal assembly committees or the federal courts, unless these must be published under paragraph 1;b.federal council decrees and announcements;c.decrees, directives and announcements from the federal administration and from organisations and persons under public or private law that are assigned administrative duties but do not form part of the federal administration.263 if it seems appropriate, the publication may be limited to the title with the reference or source (art. 5).4 for the correction of texts, article 10 applies by analogy.23 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).24 repealed by no i of the fa of 26 sept. 2014, with effect from 1 jan. 2016 (as 2015 3977; bbl 2013 7057).25 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).26 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).section 4a27 other texts published on the publications platform 27 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057). art. 13a 1 the following texts are also published on the publications platform:a.28.b.29the documents relating to consultation proceedings under the consultation procedure act of 18 march 200530;c.former versions of federal law;d.translations of official publications, in particular those in romansh or english.2 the federal council may provide that further texts that are related to legislation are published on the publications platform.28 not yet in force.29 amended by no iii of the fa of 26 sept. 2014, in force since 1 april 2016 (as 2015 3977, 2016 925; bbl 2013 7057 8875).30 sr 172.061section 5 common provisions art. 14 languages of published texts31 1 publication is effected simultaneously in the official languages german, french and italian. in the case of enactments, the three versions are equally binding.2 the federal council may decide that texts that are only published as a title with a reference or source will not be published in all three official languages or that a translation into the official languages is not required if:a.the provisions contained in these texts do not directly bind the persons concerned; orb.the persons concerned use the texts only in their original language.3 the federal chancellery may decide that decrees and announcements issued by the federal administration and by organisations and persons under public or private law in accordance with article 13 paragraph 2 are published only in the official language of the persons concerned, provided these are solely of local significance.4 the translation of documents related to consultation proceedings is governed by the legislation on the consultation procedure32.335 the publication of texts in romansh is governed by article 11 of the languages act of 5 october 200734.356 texts of particular importance or international interest that are published on the publications platform may also be published in other languages, in particular english.3631 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).32 sr 172.061 and 172.061.133 inserted by no iii of the fa of 26 sept. 2014, in force since 1 april 2016 (as 2015 3977, 2016 925; bbl 2013 7057 8875).34 sr 441.135 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).36 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 14a37 federal assembly enactments 1 the federal chancellery shall publish in the federal gazette and in the as federal assembly enactments in the three official languages in the final version approved by the councils.2 in doing so, it is only authorised to add information on the deadline for requesting a referendum, the expiry of that deadline and the entry into force, to complete missing as, bbl and sr references and to make formatting changes.37 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 1538 authoritative version 1 for federal enactments, agreements between the confederation and the cantons and agreements between cantons (art. 2 and 4), the version published in the as is authoritative. if a text is published by reference, the version to which reference is made is authoritative.2 the version published on the publications platform is authoritative.3 the authoritative version of international treaties and decrees under international law is determined by the provisions thereof.38 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 1639 printed versions 1 the texts published on the publications platform may be obtained in printed form.2 the federal council shall determine the conditions by which periodical editions of texts published on the publications platform are produced and distributed in printed form.3 it shall determine the minimum number of printed copies of the texts published in the as and federal gazette that may be made available, and where they shall be deposited.39 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 16a40 data security the federal council shall determine the measures required to guarantee the authenticity, integrity and the safekeeping of texts published on the publications platform and the smooth operation of the publications platform; in doing so, it shall take account of the state of the art.40 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 16b41 data protection 1 publications under this act may contain personal data; in particular, they may also contain sensitive personal data in terms of article 3 letter c of the federal act of 19 june 199242 on data protection, where this is required for a publication provided for in a federal act.2 texts that contain sensitive personal data may not be made publicly available online for longer or contain more information than their purpose requires.3 the federal council shall determine any further measures required in order to ensure the protection of sensitive personal data in online publications; in doing so, it shall take account of the state of the art.41 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).42 sr 235.1art. 1743 43 repealed by no i of the fa of 26 sept. 2014, with effect from 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 1844 inspection the following may be inspected at the federal chancellery and at the offices designated by the cantons:a.the content on the publications platform; andb.enactments published under the exceptional procedure that have not yet been included in the as (art. 7 para. 4).44 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 1945 fees 1 consultation of the publications platform and inspections in terms of article 18 are free of charge. 2 the federal council shall regulate the fees for the provision of printed texts and electronic data under this act. 45 amended by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 19a46 third-party suppliers the federal council may make third party suppliers subject to special conditions, in particular in relation to the use of data.46 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).section 6 final provisions art. 19b47 implementation 1 the federal chancellery manages the publications platform.2 it shall carry out the other tasks under this act unless other administrative units are responsible.47 inserted by no i of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 20 repeal of current legislation the publications act of 21 march 198648 is repealed.48 [as 1987 600]art. 21 amendment of current legislation the following federal acts are amended as follows:.4949 the amendments may be consulted under as 2004 4929.art. 22 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the date on which this act comes into force.commencement date: 1 january 20055050 fcd of 17 nov. 2004.

171.10english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the federal assembly(parliament act, parla)of 13 december 2002 (status as of 18 december 2021)the federal assembly of the swiss confederation,based on article 164 paragraph 1 letter g of the federal constitution1, and having considered the report of the political institutions committee of the national council dated 1 march 20012and the opinion of the federal council dated 22 august 20013,decrees:1 sr 1012 bbl 2001 34673 bbl 2001 5428title 1 general provisions art. 1 subject matter this act regulates:a. the rights and duties of the members of the federal assembly;b. the tasks and organisation of the federal assembly;c. the procedure in the federal assembly;d. procedural relations between the federal assembly and the federal council;e. procedural relations between the federal assembly and the federal courts.art. 2 meetings of the councils 1 the national council and the council of states shall convene regularly for ordinary sessions.2 either council may decide to convene special sessions if the ordinary sessions are not sufficient to deal with the volume of business.3 one quarter of the members of a council or of the federal council may request that the councils or the united federal assembly be convened for an extraordinary session to deal with the following items of business:a. drafts by the federal council or of a federal assembly committee of a federal assembly enactment;b. identical motions that have been submitted in both chambers;c. elections;d. declarations by the federal council or identical drafts submitted in both chambers for declarations by the national council and des council of states.44 an ordinary or an extraordinary session is normally held in both chambers in the same calendar week.54 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).5 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 3 oath and solemn promise 1 each member of the federal assembly shall swear the oath or make the solemn promise before assuming office.2 the persons elected by the united federal assembly shall swear their oath or make their solemn promise before the united federal assembly following their election, unless the law provides otherwise.3 any person who refuses to swear the oath or make the solemn promise is prohibited from assuming office.4 the oath is as follows:i swear by almighty god to uphold the constitution and the law and to fulfil the duties of my office to the best of my abilities.5 the solemn promise is as follows:i solemnly promise to uphold the constitution and the law and to fulfil the duties of my office to the best of my abilities.art. 4 access of public to meetings 1 the meetings of the councils and of the united federal assembly are open to the public. the debates are published in full in the official bulletin of the federal assembly. the details of publication are regulated in an ordinance of the federal assembly.2 for the protection of major security interests or for the protection of personal privacy, a meeting in camera may be requested. the following have the right to make such a request:a. a sixth of the members of either council or of the united federal assembly;b. a majority of the members of a committee;c. the federal council.3 the debate on an application for a meeting in camera is itself held in camera.4 any person who participates in a meeting in camera is obliged to preserve secrecy with regard to the proceedings thereof.art. 5 information 1 the councils and their organs shall provide comprehensive information in good time about their activities provided there are no overriding public or private interests that prevent this.2 the use of sound or image broadcasts from the assembly chambers, as well as the accreditation of journalists, is regulated in an ordinance of the federal assembly or by the respective standing orders of the councils.title 2 members the federal assembly chapter 1 rights and duties art. 6 procedural rights 1 the members the federal assembly (assembly members) have the right to submit parliamentary initiatives and parliamentary procedural requests and to propose candidates for election.2 they may submit proposals relating to pending business and procedure.3 the right to speak and the time allowed for speeches may be limited by the standing orders of the councils.4 if a parliamentary initiative, a motion or a postulate is opposed, a vote may be held only if the originator has been given the opportunity to provide verbal justification. in addition, the person who first requested rejection must at least be given the right to speak.66 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 7 rights to information 1 the assembly members have the right to be provided with information by the federal council and the federal administration and to inspect documents on any matter of relevance to the confederation, provided this is required for the exercise of their parliamentary mandates.2 an individual assembly member has no right to information:a. from the joint reporting procedure and deliberations in federal council meetings;b. that is classified as confidential or secret in the interests of state security or the intelligence service, or the disclosure of which to unauthorised persons may be detrimental to national interests;c. that is treated as confidential for the protection of personal privacy.73 in the event of any disagreement between an assembly member and the federal council as to the extent of rights to information, the assembly member may call on the presiding college of the council to which he or she belongs. the presiding college mediates between the assembly member and the federal council.4 if there is disagreement between an assembly member and the federal council, the presiding college of the council has the final decision on whether the information is required to exercise the relevant parliamentary mandate.5 as an alternative to permitting the inspection of documents, the federal council may submit a report to an assembly member if there is disagreement between the federal council and the assembly member as to whether the assembly member has a right to information in terms of paragraph 2 and the mediation of presiding college of the council is unsuccessful.6 the presiding college of the council has an unrestricted right to inspect the documents of the federal council and the federal administration when preparing to mediate.7 amended by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).art. 8 official secrecy the assembly members are bound by official secrecy where, through their official activities, they acquire knowledge of information that must be kept secret or confidential in order to safeguard overriding public or private interests, and in particular in order to protect personal privacy or to avoid prejudicing pending court proceedings.art. 9 income and expenses assembly members receive from the confederation a salary in respect of their parliamentary activities and a contribution to cover the expenses that they incur in connection therewith. the details are regulated by the parliamentary resources act of 18 march 19888.8 sr 171.21art. 10 duty to attend meetings assembly members are obliged to attend the meetings of the councils and committees.art. 10a9 voting in absentia in the national council because of covid-19 1 members of the national council may vote in absentia if they are officially ordered to go into isolation or quarantine because of covid-19.2 a member of the national council who wishes to vote in absentia pursuant to paragraph 1 shall notify the council secretariat on the day before the sitting.3 the votes cast by members of the national council pursuant to paragraph 1 shall be recorded in the electronic voting system at the same time as votes are cast in the council. the vote shall not be held again if a council member is unable to cast his or her vote on technical grounds.9 inserted by no i of the fa of 10 dec. 2020 (covid-19: voting in the national council; suspension or postponement of the session) (as 2020 5375; bbl 2020 9271 9283). amended by no iii 1 of the fa of 17 dec. 2021, in force from 18 dec. 2021 until 31 dec. 2022 (as 2021 878; bbl 2021 2515).art. 10b10 10 inserted by no i of the fa of 10. dec. 2020 (covid-19: voting in the national council; suspension or postponement of the session), in force from 11. dec. 2020 until 1 oct. 2021 at the latest (as 2020 5375; bbl 2020 9271 9283).art. 11 duties of disclosure 1 on assuming office and at the start of every year, each assembly member must inform his or her office in writing about his or her:a.11 professional activities; if the assembly member is an employee, they must give information about their position and their employer;b.12 further activities on management or supervisory committees as well as advisory committees and similar bodies of swiss and foreign business undertakings, institutions and foundations under private and public law;c. activities as a consultant or as a specialist adviser to federal agencies;d. permanent management or consultancy activities on behalf of swiss or foreign interest groups;e. participation in committees or other organs of the confederation.1bis in the case of activities listed in paragraph 1 letters be, the assembly member shall declare whether the activity is voluntary or paid. the reimbursement of expenses is not regarded as payment for an activity.132 the parliamentary services maintain a public register containing the information provided by assembly members.3 assembly members whose personal interests are directly affected by any matter being considered must indicate their personal interest when making a statement in the council or in a committee.4 professional secrecy in terms of the swiss criminal code14 is reserved.11 amended by no i of the fa of 15 june 2018, in force since 2 dec. 2019 (as 2018 3461; bbl 2017 6797 6865).12 amended by no i of the fa of 15 june 2018, in force since 2 dec. 2019 (as 2018 3461; bbl 2017 6797 6865).13 inserted by no i of the fa of 15 june 2018, in force since 2 dec. 2019 (as 2018 3461; bbl 2017 6797 6865).14 sr 311.0art. 11a15 recusal 1 in exercising supervisory control in accordance with article 26, members of committees and delegations shall recuse themselves if they have a direct personal interest in any item of business or could be impartial for any other reasons. the representation of political interests, and in particular those of communities, parties or associations, is not a reason for recusal.2 in the event of any dispute, the committee or delegation concerned shall make a final decision on recusal after hearing the member concerned.15 inserted by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).art. 12 independence in relation to foreign states assembly members are prohibited from acting in an official capacity for a foreign state or from accepting titles or honours from foreign governments.art. 13 disciplinary measures 1 where an assembly member, having been issued with a formal warning, once again infringes the administrative and procedural regulations of the councils, the president may:a. revoke the assembly member's right to speak; orb. exclude the assembly member from the meeting for all or part of its remaining duration.2 where an assembly member commits a serious infringement of administrative or procedural regulations or breaches official secrecy, the relevant council office may:a. officially reprimand the assembly member; or b. suspend the assembly member from participation in the committees for up to six months.3 the council shall decide on any objections raised by the council member in question.chapter 2 incompatibility rules art. 14 incompatibility the following persons may not be members of the federal assembly:a. persons that it has elected or whose appointment it has confirmed;b. judges of the federal courts whom it has not elected;c.16 staff of the central and decentralised federal administration, the parliamentary services and the federal courts, the secretariat of the supervisory authority for the office of the attorney general of switzerland, the office of the attorney general of switzerland as well as members of extra-parliamentary commissions with decision-making powers, unless specific statutory provisions provide otherwise;d. members of the armed forces command staff;e. members of the management organs of organisations or entities under public or private law that do not form part of the federal administration but which are entrusted with administrative tasks, where the confederation has control thereover;f. persons that represent the confederation in organisations or entities under public or private law that do not form part of the federal administration but which are entrusted with administrative tasks, where the confederation has control thereover.16 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 15 procedure 1 in cases of incompatibility in terms of article 14 letter a, the person concerned must declare which of the two offices he or she has chosen to accept.2 in cases of incompatibility in terms of article 14 letters b-f, the person concerned shall be removed from the federal assembly six months from the date of the incompatibility being established, provided he or she has not resigned from the other position by that time.chapter 3 immunity and session attendance guarantee art. 16 absolute immunity assembly members may not be held legally accountable for statements they make in the assembly or in its organs.art. 1717 relative immunity 1 criminal proceedings may be brought against an assembly member for an offence that is directly related to his or her official position or activity only if authorised by the competent committees of both chambers. the regulations of each chamber shall designate the competent committee.2 if it appears justified given the circumstances of the case, the competent committees may assign the prosecution and adjudication of an offence subject to cantonal jurisdiction to the prosecution authorities of the confederation.3 the united federal assembly may appoint a special attorney general.3bis the presidents of the competent committees may by mutual agreement return to the prosecution authorities applications providing insufficient grounds for lifting immunity so that these can be rectified.184 if an application is clearly untenable, the presidents of the competent committees may by mutual agreement deal directly with the application. they shall inform the committees in advance. if the majority in a committee elects to discuss an application, the application is dealt with according to the standard procedure under article 17a.1917 amended by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).18 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).19 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 17a20 relative immunity: procedure 1 an application to lift immunity shall first be considered by the competent committee of the council to which the accused assembly member belongs.2 if the decisions of both committees on whether to consider the application or lift immunity do not correspond, the committees shall attempt to resolve their differences. the second rejection of an application by a committee is final.3 the committees are quorate when a majority of their members is present. the presence of a quorum must be confirmed.4 the committees shall hear the accused assembly member. the member may not be represented or accompanied.5 the decision of the committees is final.6 once a committee has notified the assembly member concerned, it shall inform the public immediately. at the same time, it shall inform the members of both chambers in a written communication.7 if the accused assembly member is a member of one of the competent committees, he or she shall recuse him or herself.20 inserted by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).art. 18 suspension of postal and telecommunications secrecy, and other investigative measures 1 the authorisation of the presiding colleges of the councils is required for the suspension of postal and telecommunications secrecy in terms of article 321ter of the swiss criminal code21 if:a. it is intended to prosecute a criminal offence committed by an assembly member;b. it is intended to order measures against an assembly member that permit the surveillance of a third party with which the assembly member has dealings by reason of his or her office.2 paragraph 1 also applies by analogy to those cases in which other inquiries or criminal investigation measures are required in respect of an assembly member for an initial clarification of the facts of the case or to secure evidence.3 as soon as the measures authorised by presiding colleges of the councils have been carried out, authorisation for prosecution must be obtained from the competent committees of both chambers in accordance with article 17, unless proceedings have already been dropped.224 any arrest made without this authorisation is unlawful.2321 sr 311.022 amended by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).23 amended by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).art. 19 procedure by which the presiding colleges grant authorisation 1 the presiding colleges of the councils shall reach their decisions by joint deliberation in camera. the granting of authorisation in terms of article 18 requires the agreement at least five members.2 authorisation to suspend postal and telecommunications secrecy may only be granted if the relevant authority has ordered surveillance to be carried out in accordance with article 7 of the federal act of 6 october 200024 on the surveillance of post and telecommunications.24 sr 780.1art. 20 session attendance guarantee 1 criminal proceedings against an assembly member in respect of a felony or misdemeanour that is not connected with his or her official position or activities may only be initiated during a session with the written consent of the member or with the authorisation of the competent committee of the council to which the member belongs. the regulations of each council shall designate the competent committee.252 the foregoing does not apply to a precautionary arrest due to a risk of absconding or where the member is caught in the act of committing a felony. the authority ordering the arrest must apply within 24 hours directly to the competent committee of the council to which the arrested member belongs for its consent, unless the person concerned has given his or her own consent to being arrested.263 if criminal proceedings in respect of the offences named in paragraphs 1 and 2 have already been commenced against an assembly member at the start of a session, the member has the right to request a decision by the competent committee of the council to which he or she belongs on the continuation of any detention that has already been ordered and on any summons to attend court hearings. the submission of such a request has no suspensive effect on orders already made.274 the right to attend a session may not be invoked against a legally enforceable judgment that imposes a custodial sentence the execution of which has been ordered prior to start of the session.25 amended by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).26 amended by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).27 amended by no i of the fa of 17 june 2011 (requests to lift immunity), in force since 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).art. 21 disputes over the necessity for authorisation in the event of any dispute as to whether authorisation in terms of articles 17-20 is required, the organ responsible for granting authorisation decides.chapter 428 liability 28 inserted by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177). art. 21a 1 the financial liability of an assembly member for his or her official activities is governed by the government liability act of 14 march 195829.2 the administration delegation shall decide on the liability of an assembly member under articles 7 and 8 of the government liability act of 14 march 1958.3 the assembly member may contest the decision of the administration delegation by filing an appeal with the federal supreme court.29 sr 170.32title 3 duties of the federal assembly art. 22 legislation 1 the federal assembly enacts important legislative provisions in the form of a federal act.2 it may enact further legislative provisions in the form of a federal act or, provided it is entitled to do so by the federal constitution or the law, in the form of an ordinance of the federal assembly.3 prior to the enactment of legislative provisions by the federal council, the relevant committees of the federal assembly shall be consulted if they so request, provided the urgency of the provisions so permits.4 provisions shall be regarded as being legislative if they impose obligations or confer rights or responsibilities in general and abstract terms and with directly binding effect.art. 23 amendments to the federal constitution the federal assembly submits amendments to the federal constitution to the vote of the people and the cantons in the form of a federal decree.art. 24 co-determination of foreign policy 1 the federal assembly shall follow international developments and participate in the decision-making process on important foreign policy issues.2 it shall approve the conclusion or amendment of or the withdrawal from international treaties, unless the federal council may conclude, amend or withdraw from the treaty at its own behest under articles 7a and 7bbis of the government and administration organisation act of 21 march 199730.313 if the conclusion or amendment of or withdrawal from the international treaty is subject to a referendum, the federal assembly shall approve the conclusion, amendment or withdrawal by issuing a federal decree. it this is not the case, it shall approve the conclusion, amendment or withdrawal by issuing a simple federal decree.32 4 it shall participate in international parliamentary conferences and cultivate relations with foreign parliaments.30 sr 172.01031 amended by no i 1 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).32 amended by no i 1 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).art. 25 finances 1 the federal assembly shall decide on expenditures and investments in the budget and its supplements.33 it shall decide on new or existing unclaimed appropriation credits and payment limits in the budget and its supplements or by separate decree. it shall approve the state accounts.2 it shall take its decisions in the form of a simple federal decree.3 it shall stipulate the purpose and the amount of the credits in the decision on credits. it may also include in its decision the general conditions for the use of the credit, the schedule for the implementation of the project and reporting by the federal council.3433 amended by art. 65 no 1 of the financial budget act of 7 oct. 2005, in force since 1 may 2006 (as 2006 1275; bbl 2005 5).34 inserted by art. 65 no 1 of the financial budget act of 7 oct. 2005, in force since 1 may 2006 (as 2006 1275; bbl 2005 5).art. 26 supervisory control 1 the federal assembly shall exercise supervisory control over the conduct of business by the federal council and the federal administration, the federal courts, the supervisory authority for the office of the attorney general of switzerland, the office of the attorney general of switzerland and by other persons entrusted with tasks of the confederation.352 it shall exercise supervisory control over the financial budget in the context of article 8 of the federal auditing act of 28 june 196736.3 the federal assembly shall exercise supervisory control according to the following criteria:a. legality;b. regularity;c. expediency;d. effectiveness;e. economic efficiency.4 supervisory control shall not include the power to revoke or alter decisions. it shall not include control over the content of the judicial decisions of the office of the attorney general of switzerland.3735 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125). 36 sr 614.037 second sentence amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 27 evaluation of effectiveness the organs of the federal assembly designated by law shall ensure that the measures taken by the confederation are evaluated as to their effectiveness. to this end, they may:a. request the federal council to have impact assessments carried out;b. examine the impact assessments carried out on the instructions of the federal council;c. instruct impact assessments to be carried out themselves.art. 28 decisions of general principle and planning 1 the federal assembly shall participate:in the significant aspects of the planning of state activities;in determining the strategic goals of units that have become autonomous in accordance with article 8 paragraph 5 of the government and administration organisation act of 21 march 199738.391bis it participates by:a. gathering information on its activities in accordance with paragraph 1 from federal council reports or acknowledging such reports;b. mandating the federal council:1. to make specific plans or to alter the main elements of a plan, or2. to determine strategic goals for the units that have become autonomous or to alter such goals;c. taking decisions of general principle and planning decisions.402 general principle decisions and planning decisions are preliminary decisions that state that certain goals must be achieved, principles and criteria must be observed or measures must be planned.3 general principle decisions and planning decisions shall be issued in the form of a simple federal decree. for general principle decisions and planning decisions of greater importance, the form of a federal decree may be chosen.4 if the federal council does not adhere to the mandates it has been given or general principle and planning decisions, it must provide justification for doing so.38 sr 172.01039 amended by no i 1 of the fa of 17 dec. 2010 on the participation of the federal assembly in the management of autonomous units, in force since 1 jan. 2012 (as 2011 5859; bbl 2010 3377 3413).40 inserted by no i 1 of the fa of 17 dec. 2010 on the participation of the federal assembly in the management of autonomous units, in force since 1 jan. 2012 (as 2011 5859; bbl 2010 3377 3413).art. 29 individual legislative acts 1 the federal assembly shall enact individual legislative acts that are not subject to a referendum in the form of a simple federal decree.2 individual legislative acts of the federal assembly in respect of which the required statutory basis is not found in the federal constitution or in a federal act shall be enacted in the form of a federal decree that is subject to a referendum.art. 30 further duties the federal assembly shall carry out any additional duties that are assigned to it by the federal constitution or federal legislation.title 4 organisation of the federal assembly chapter 1 general art. 31 organs the organs of the federal assembly are:a. the national council;b. the council of states;c. the united federal assembly;d. the presiding colleges;e. the offices;f. the conference for coordination and the administration delegation;g. the committees and their sub-committees and delegations;h. the parliamentary groups.art. 32 seat of the federal assembly 1 the federal assembly meets in bern.2 it may by simple federal decree decide by way of exception to meet at a different location.art. 33 convening meetings 1 the national council and the council of states are convened by their offices.2 the united federal assembly is convened by the conference for coordination.3 the president of the national council or, in the event of his or her incapacity, the president of the council of states is obliged to convene the councils if the security of the federal authorities is endangered or the federal council is unable to act.chapter 2 the national council and council of states art. 34 presiding colleges the presiding college of each council comprises the president, the first vice-president and the second vice-president.art. 35 offices of the councils 1 each council shall establish an office to deal with its administration and other related matters.2 the office of each council comprises the members of the presiding college and other members as determined by the respective regulations of the councils.3 the rights and duties assigned to the committees by this act also apply to the offices.art. 36 council regulations each council shall issue regulations with the implementing provisions relating to its organisation and procedure.art. 37 conference for coordination 1 the office of the national council and the office of the council of states constitute the conference for coordination.2 the conference for coordination has the following duties:a.41 it decides on the calendar week in which the ordinary and extraordinary sessions are held;b. it deals with business between the two councils and between the councils and the federal council;c. it may issue directives on the allocation of personnel and financial resources to the organs of the federal assembly;d. it elects the general secretary of the federal assembly. the election must be confirmed by the united federal assembly;e. it approves the formation of new parliamentary groups in accordance with the criteria stated in article 61.3 the federal council may participate in its meetings in an advisory capacity.4 the decisions of the conference for coordination require the agreement of the offices of the national council and of the council of states. elections in accordance with paragraph 2 letter d shall take place by an absolute majority of the voting members.5 .4241 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).42 repealed by no i of the fa of 15 june 2018, with effect from 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 38 administration delegation 1 the administration delegation comprises three members from each of the offices of the councils as appointed by the conference for coordination. the administration delegation shall appoint one of its members as its delegate. it constitutes itself.2 the administration delegation is responsible for the overall management of the administration of parliament.3 the administration delegation shall take decisions by a simple majority of its voting members.chapter 3 united federal assembly art. 39 office of the united federal assembly 1 the office of the united federal assembly comprises the presiding colleges of both councils.2 the chairperson is the president of the national council or, in the event of his or her incapacity, the president of the council of states.3 the office shall prepare the meetings of the united federal assembly.4 it may appoint committees of the united federal assembly. they comprise twelve members of the national council and five members of the council of states.art. 40 pardons and jurisdiction committee 1 the pardons and jurisdiction committee considers applications for pardons and decisions on conflicts of jurisdiction between the supreme federal authorities.2 its president is elected alternately from the members of the national council and the members of the council of states.3 it shall submit applications for pardons to the federal council, which provides it with a report and a proposal thereon.4 it may inspect the application and the files on the investigation, the court proceedings and the execution of the judgement.art. 40a43 judiciary committee 1 the judiciary committee is responsible for the preparation for the appointment and removal from office of judges of the federal courts:a. of judges of the federal courts;b. of members of the supervisory authority for the office of the attorney general of switzerland;c. of the attorney general of switzerland and the deputies of the attorney general of switzerland.442 it issues public invitations for applications for vacant positions as federal judges, the attorney general of switzerland, or the deputies of the attorney general of switzerland. if the law permits part-time positions, the level of occupation is stated in the invitation to apply.453 the judiciary committee submits its election nominations and proposals for removal from office to the united federal assembly.4 it determines the details of the employment contracts of the judges, the attorney general of switzerland, or the deputies of the attorney general of switzerland.465 each parliamentary group has the right to at least one seat on the committee.6 the control committees and the finance delegation shall notify the judiciary committee of findings that raise serious questions as to the professional or personal suitability of judges, the attorney general of switzerland, or the deputies of the attorney general of switzerland.4743 inserted by no ii of the fa of 13 dec 2003, in force since 1 aug. 2003 (as 2003 2119; bbl 2001 4202, 2002 1181).44 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).45 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).46 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).47 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 41 procedure in the united federal assembly 1 unless otherwise provided in this act, the provisions of the internal regulations of the national council apply by analogy to the procedure in the united federal assembly.2 the tellers and the substitute tellers of the two chambers determine the results of elections and votes.3 if the business regulations of the national council do not apply, the united federal assembly may draw up its own regulations.chapter 4 committees section 1 general provisions art. 42 standing committees and special committees 1 each council shall appoint from its members the standing committees provided for by this act and the internal regulations.2 in exceptional circumstances, the councils may appoint special committees.art. 43 appointment of the committees 1 the members of the committees and their chairpersons (president and vice-president) shall be appointed by the office of the relevant council.2 unless otherwise provided by this act, the chairpersons of joint committees of both chambers and of committees of the united federal assembly shall be elected by the conference for coordination. the president and the vice-president may not belong to the same council.2bis the conference for coordination ensures that die presidents of the control committees of both chambers do not belong to the same parliamentary group.483 the composition of the committees and the allocation of seats among the committee chairpersons are determined by the strengths of the parliamentary groups in the relevant chamber. wherever possible, appropriate account should be taken of the official languages and regions of the country.4 the term of office of the members of the standing committees is determined by the respective regulations of the councils.48 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 44 duties 1 in accordance with the terms of reference under this act or the rules of business, the committees have the following duties:a. they conduct a preliminary discussion of the business referred to them for the attention of their council;b. they consider and decide on the business referred to them for final decision in terms of this act;c. they monitor the social and political developments in their areas of responsibility;d. they draw up proposals relevant to their areas of responsibility;e. 49 they are responsible for impact assessments in their areas of responsibility. they submit related proposals to the competent bodies of the federal assembly, or issue related mandates to the federal council;f. they take account of the results of impact assessments.2 the committees shall submit reports on the business referred to them and their proposals thereon to their respective council.49 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 45 general powers 1 in order to fulfil their duties, the committees may:a. submit parliamentary initiatives, parliamentary procedural requests and proposals and compile reports;b. consult external experts;c. consult representatives of the cantons and interest groups;d. conduct inspections.2 the committees may appoint sub-committees from their members. these shall report and submit proposals to the committee. joint sub-committees may be appointed by two or more committees.art. 46 procedure in the committees 1 the committees are governed by the procedural rules of their respective council, unless this act or the respective regulations of the councils provide otherwise.2 resolutions of joint committees of both chambers require the agreement of the majority of the voting members from each council, unless this act provides otherwise.3 persons in the service of the confederation must normally provide written documents and visual presentations for the committees in two official languages. external experts and representatives of cantons and interest groups shall be notified in the invitation to the committee meeting that they should, if possible, take account of committee being multilingual.5050 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 47 confidentiality 1 the discussions in the committees are confidential; in particular, no information may be provided on the opinions of individual participants in meetings or on the way in which they voted.2 the committees may decide to hold public hearings.art. 47a51 classification of minutes and other documents 1 minutes of meetings and other committee documents must be classified; the exception being documents that are already publicly available before being passed to the committee. 2 the committees may declassify their documents and make them publicly available, with the exception of the minutes of their meetings. the conditions for accessing documents are regulated in an ordinance issued by the federal assembly. 51 inserted by no i of the fa of 15 june 2018, in force since 2 dec. 2019 (as 2018 3461; bbl 2017 6797 6865).art. 48 information for the general public the committees shall inform the general public of the results of their deliberations.art. 49 coordination between the committees 1 the committees of each council shall coordinate their activities with each other and with the committees of the other council that are considering the same or similar issues.2 the procurement of information or the clarification of issues may be carried out in joint meetings or these tasks may be assigned to a single committee.3 the control committees and the finance committees may hold joint preliminary discussions of the annual report and accounts.4 in the case of matters concerning more than one area of responsibility, other committees may submit reports to the committees responsible for the preliminary examination.5 .5252 repealed by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), with effect from 2 march 2009 (as 2009 725; bbl 2008 1869 3177).section 2 finance committees art. 50 duties of the finance committees 1 the finance committees (fcs) are responsible for the financial management of the confederation; they shall conduct a preliminary examination of the financial planning, the draft budget and its supplements and the state accounts. they exercise supervisory control over the entire financial budget in accordance with article 26 paragraph 2, unless this act provides otherwise.2 they may submit reports regarding legislative bills with substantial financial repercussions to the committees responsible for their preliminary examination. such legislative bills may be referred to them for an accompanying report or for a preliminary examination.533 the finance committees shall be invited to report on drafts for appropriation credits and payment limits that are not assigned to them for preliminary examination. they have the same rights as the committees responsible for the preliminary examination with regard to representing their proposals in the assembly.5453 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).54 inserted by annex no 1 of the fa of 26 sept. 2014 (new management model for the federal administration), in force since 1 july 2015 (as 2015 1583; bbl 2014 767).art. 51 finance delegation 1 the finance committees shall each appoint three of their members and a permanent deputy for each of those members to the finance delegation (findel). the delegation constitutes itself.552 the finance delegation is responsible for the detailed examination and supervision of the entire financial budget.3 the dealings between the finance delegation and the federal audit office are governed by articles 14, 15 and 18 of the federal act of 28 june 196756 on the federal audit office.4 the finance delegation shall submit reports and proposals to the finance committees.5 it may consider other items of business and notify the finance committees or other committees of its findings.6 it shall reach decisions by a simple majority of its voting members.55 amended by no i 2 of the fa of 17 dec. 2010 on safeguarding democracy, the rule of law and the capacity to act in extraordinary situations, in force since 1 may 2011 (as 2011 1381; bbl 2010 1563 2803).56 sr 614.0section 3 control committees art. 52 duties of the control committees 1 the control committees (cc) exercise supervisory control over the conduct of business in accordance with article 26 paragraphs 1, 3 and 4.2 their supervisory activities focus on the criteria of legality, expediency and effectiveness.art. 53 control delegation 1 the control committees each appoint three of their members to the control delegation (cdel). the delegation constitutes itself.2 the delegation supervises activities in the field of state security and the intelligence services and supervises state activities in matters that must be kept secret because their disclosure to unauthorised persons may be seriously detrimental to national interests.573 it accepts additional specific mandates that are assigned to it by a control committee.3bis the federal council shall inform the delegation at the latest 24 hours after making its decision of orders to safeguard the interests of the country or to safeguard internal or external security.584 the delegation shall submit reports and its proposals thereon to the control committees.595 it reaches decisions by a simple majority of its voting members.57 amended by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).58 inserted by no i 2 of the fa of 17 dec. 2010 on safeguarding democracy, the rule of law and the capacity to act in extraordinary situations, in force since 1 may 2011 (as 2011 1381; bbl 2010 1563 2803).59 amended by no i 2 of the fa of 17 dec. 2010 on safeguarding democracy, the rule of law and the capacity to act in extraordinary situations, in force since 1 may 2011 (as 2011 1381; bbl 2010 1563 2803).section 4 reporting to the council60 60 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177). art. 5461 61 repealed by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), with effect from 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 55 .62 the finance and control committees shall report to their respective council once a year on the principal results of their work.62 repealed by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), with effect from 2 march 2009 (as 2009 725; bbl 2008 1869 3177).section 5 drafting committee art. 56 composition and organisation 1 the drafting committee (drc) is a joint committee of both chambers.2 it consists of three sub-committees, corresponding to each of the official languages of the confederation.3 the committee constitutes itself.4 it shall reach decisions by a simple majority of its voting members.art. 57 duties and procedure 1 the drafting committee verifies the wording of legislative texts and determines the final version prior to the final vote.1bis it is also responsible for editorial corrections which are not subject to a final vote in legislative texts.632 it ensures that the texts are formulated in a concise and understandable manner. it shall examine whether they conform to the intentions of the federal assembly, and ensures that the versions in the three official languages are consistent.3 the drafting committee is not authorised to carry out any material corrections. if it encounters any material omissions, ambiguities or contradictions, it must inform the presidents of the councils.63 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 58 corrections made after the final vote 1 where, following the final vote, an error of form or wording that does not conform with the results of the parliamentary deliberations is discovered, the drafting committee shall instruct the required corrections to be made prior to publication in the official compilation of federal legislation. an indication must be given of the corrections made.2 following the publication of a legislative enactment in the official compilation of federal legislation, the drafting committee may instruct the correction of obvious errors and alterations of a formal nature. an indication must be given of the corrections made.3 the members of the federal assembly must be informed of major corrections.art. 59 implementing regulations an ordinance of the federal assembly shall regulate the details of the composition and duties of the drafting committee as well as the procedure for the verification of legislative bills prior to the final vote and for the instruction of corrections following the final vote and following publication.section 6 delegations to international assemblies and for the maintenance of international relations art. 60 the organisation, duties and procedures of delegations that represent the federal assembly at international parliamentary conferences or in bilateral dealings with parliaments of third countries are regulated in an ordinance of the federal assembly.chapter 5 parliamentary groups art. 61 formation 1 parliamentary groups are composed of the assembly members who belong to the same party.2 members who do not belong to a party or who belong to more than one party may, provided they share similar political views, form their own parliamentary groups. 3 a parliamentary group must consist of a minimum of five members from one of the two chambers.4 each parliamentary group must notify the general secretary of the federal assembly of its formation, its members, its chairperson and its secretary.art. 62 duties and rights 1 parliamentary groups conduct a preliminary discussion of the business to be submitted to the chambers.2 they have the right to submit parliamentary initiatives, parliamentary procedural requests, proposals and election nominations.3 the rules of business may provide for further rights for parliamentary groups.4 parliamentary groups may establish their own secretariats. these receive the same documents as the assembly members and are subject to official secrecy in accordance with article 8.5 parliamentary groups shall receive a subsidy to cover the costs of their secretariats. the details of the foregoing are regulated by the parliamentary resources act of 18 march 198864.64 sr 171.21 chapter 6 cross-party groups art. 63 1 assembly members who share an interest in a specific matter may join together to form a cross-party group. these groups must be open to all assembly members.2 the groups must notify the parliamentary services of their formation and of their members. the parliamentary services keeps a public register of cross-party groups.3 the cross-party groups are entitled, as far as possible, to administrative assistance and to conference rooms.4 they are not entitled to act as the representatives of the federal assembly.chapter 7 administration of parliament art. 64 duties of the parliamentary services 1 the parliamentary services assist the federal assembly in the fulfilment of its duties.2 they carry out the following tasks:a. they plan and organise the sessions and the meetings of the committees;b. they are responsible for providing secretarial services, carrying out translation work and taking the minutes of the resolutions and debates of the councils, the united federal assembly and the committees;c. they keep records and offer services in relation to records and information technologies;cbis.65 they operate information systems used to evaluate data for the fulfilment of the tasks of the federal assembly, its organs and the members of the councils; this data processing may also include particularly sensitive personal data; a federal assembly ordinance shall specify the sources used for this purpose and regulate access authorisations and how this data may be disclosed;d. they advise the assembly members, and in particular the presiding colleges of the councils and the chairpersons of the committees on factual and procedural matters;e. they inform the general public about the federal assembly and its activities;f. they assist the federal assembly in its activities with regard to international relations;g. subject to the reservation of the competencies of the organs of the councils, they are responsible for all other tasks relevant to the administration of parliament.65 inserted by no i of the fa of 16 march 2018 (up-to-date parliamentary information and documentation services), in force since 26 nov. 2018 (as 2018 3547; bbl 2017 6877 6889).art. 65 management of the parliamentary services 1 the parliamentary services are subject to the supervision of the administration delegation.2 the general secretary of the federal assembly is responsible for the management of the parliamentary services.3 if offices of the parliamentary services act for organs of the federal assembly, then they work in accordance with their instructions.art. 66 appointment of the parliamentary services staff organs of the federal assembly as well as the general secretary of the federal assembly are authorised by an ordinance of the federal assembly to appoint the staff of the parliamentary services.art. 67 rights to information the offices of the parliamentary services have the same rights to information as the organs of the federal assembly on behalf of which they are acting.art. 68 involvement of the federal administration 1 the organs of the federal assembly, and the parliamentary services when acting on their behalf, may call on the services of offices of the federal administration in order to fulfil their duties.2 such involvement must take place with the consent of the appropriate department or of the federal chancellery.3 in the event of any disagreement, the administration delegation shall decide after consulting the federal council.art. 69 right to use assembly chambers and access to the parliament building 1 the right to use the assembly chambers is regulated by the presidents of the councils, and the right to use the other premises of the federal assembly and the parliamentary services is regulated by the administration delegation.2 each assembly member may have an entry pass issued for a specified period to any two persons who wish to have access to the parts of the parliament building that are not accessible to the public. the details of these persons and their functions must be recorded in a register that is available for public inspection.art. 69a66 covid-19 certificate requirement in the parliament building 1 persons aged 16 or over shall be allowed access to the parliament building only if they can produce a valid covid-19 certificate in accordance with article 6a of the covid-19 act of 25 september 202067. if the epidemiological situation so permits, the administration delegation may suspend this measure.2 persons who must have access to the parliament building shall be reimbursed for the costs of any tests required for the issue of the certificate. the administrative delegation shall determine which groups of persons are entitled to the reimbursement of the costs of tests. 3 the administration delegation shall regulate the details of checks on certificates.4 assembly members who are unable to produce a certificate shall be allowed access if they wear a face mask in the parliament building. the parliamentary services shall keep a list of such assembly members to be used by the persons responsible for supervising the use of the assembly chambers and access to the parliament building.66 inserted by no i of the fa of 1 oct. 2021, in force from 2 oct. 2021 to 31 dec. 2022 (as 2021 588; bbl 2021 2181, 2183).67 sr 818.102art. 70 implementing regulations 1 the federal assembly shall enact in the form of ordinances of the federal assembly the implementing regulations that determine the rules for the administration of parliament.2 unless an ordinance of the federal assembly provides otherwise, the implementing regulations of the federal council or of any of its subordinate offices that apply to the federal administration are applied in the administration of parliament.3 powers that are accorded to the federal council or to any of its subordinate offices by such implementing regulations shall be exercised by the administration delegation or general secretary of the federal assembly.title 5 procedure in the federal assembly chapter 1 general procedural provisions art. 71 business for consideration business in the federal assembly includes in particular:a. drafts made by its committees or by the federal council of legislative enactments of the federal assembly;b. parliamentary initiatives and motions of its members, parliamentary groups and committees as well as cantonal initiatives;c. reports from its committees or from the federal council;d. nominations for elections and proposals relating to the confirmation of election nominations;e. proposals relating to procedure made by its members, parliamentary groups, committees or by the federal council;f. declarations of the councils or of the federal council;g. petitions and submissions;h. appeals, applications and objections.art. 72 submission of business 1 business originating from members or organs of the councils shall become pending in the councils on its submission to the parliamentary secretariat.2 popular initiatives and requests made by a canton for the guarantee of its constitution shall become pending in the assembly on their submission to the federal chancellery.3 other business shall become pending in both chambers of the federal assembly on its submission to the assembly.art. 73 withdrawal of business 1 business may be withdrawn by its originator at any time before either chamber has taken a decision thereon for the first time.2 a parliamentary initiative or a cantonal initiative may no longer be withdrawn after it has been endorsed by a committee entrusted with its preliminary examination.3 the federal council may not withdraw business that it has introduced.art. 74 procedure for legislative bills 1 each council shall consider and decide first of all whether it wishes to approve the introduction of a bill (introductory debate).2 if it approves the introduction of a bill, it must thereafter examine the enactment article by article (detailed consideration).3 introduction shall be mandatory in the case of popular initiatives, budgets, annual reports, accounts, objections to treaties between cantons or between cantons and foreign states, the guarantee of cantonal constitutions, and in relation to the legislature plan and the financial plan.684 after the conclusion of the first detailed consideration, a vote is taken in each chamber on the text in its entirety. if approval of introduction is mandatory, no vote is taken on the text in its entirety other than in the case of budgets and accounts.5 if a bill is rejected by a chamber in the vote on the entire text, this is equivalent to non-approval of introduction. the rejection of a budget or of accounts in the vote on the entire text is equivalent to a referral back to the federal council.6 if a bill is approved for introduction, it may be abandoned at the request of the committee responsible for the preliminary examination or the federal council if it has become unnecessary.6968 amended by annex no 1 of the fa of 26 sept. 2014 (new management model for the federal administration), in force since 1 jan. 2016 (as 2015 1583; bbl 2014 767).69 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 75 referral for review 1 either council may refer a bill that it has approved for introduction, or any other item of business, back to the federal council or the committee entrusted with its examination for review or amendment.2 it may also refer individual sections or provisions for review at a later stage in the deliberations.3 the proposal for referral must indicate what should be reviewed, amended or added.art. 76 proposals 1 any assembly member may submit proposals on a pending matter for consideration in the council and in the committee responsible for the preliminary examination. he or she may apply to the relevant committee for the submission of a parliamentary initiative or of a committee motion.1bis a bill may only be submitted with a proposal if thereby:a. a pending bill is to be divided up;b. a counter-proposal is to be made to a popular initiative on the same constitutional issue (art. 101).702 proposals that relate to procedure (points of order) must normally be dealt with immediately.3 a reconsideration of any decision made may be requested by means of a point of order until a chamber has concluded its deliberations on an item of business.713bis a point of order requesting the reconsideration of a decision on introduction is not permitted.723ter a point of order requesting the repeat of a vote concluding the council's deliberations on an item of business may only be made immediately after the vote.734 proposals that have been rejected by the majority of a committee may be submitted as minority proposals.70 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).71 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).72 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).73 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 77 urgency clause 1 where it is intended that a draft federal act be declared urgent, the urgency clause shall be exempted from the vote on the enactment in its entirety.2 a decision on the urgency clause may be made only after a successful resolution of differences.3 if the urgency clause is rejected, the drafting committee shall correct the wording of the provisions on the referendum and its entry into force after consulting the presidents of the committees entrusted with the preliminary examination.74 74 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 78 voting procedure 1 where a question may be divided into more than one part, each part may, on request, be voted on separately.2 if two proposals in respect of the same subject matter have been submitted and they either relate to the same part of the text or mutually exclude each other, a vote is held on which of the two is to be accepted.3 if it is not possible to vote on which proposal to accept, then the proposals shall be voted on individually.4 no vote is held on unopposed proposals.5 the number of votes is always counted in the case of:a. votes on entire bills;b. votes on a compromise motion;c. votes on provisions requiring the agreement of a majority of the members of each of the two parliamentary chambers (art. 159 para. 3 cst.);d. final votes.7575 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 79 elimination vote 1 if more than two proposals have been made on the same subject matter, then an elimination vote must be held until a vote can be held on which of two proposals is to be accepted.2 the order of voting on the proposals must be structured in such a way that a vote is held first on the proposals that differ the least from each other in content, working through the proposals until those that differ the most are reached.3 if it is not possible to decide on the order of voting according to the criteria laid down in paragraph 2, an elimination vote is held dealing firstly with the proposals of the assembly members, then the proposals of the committee minorities and finally the proposal of the federal council. a vote is then held to decide between the proposal that wins the elimination vote and the proposal of the committee majority.4 the order of voting on the proposals may not be altered by a contingent proposal.7676 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 80 voting by the council president 1 the council president shall not participate in the vote. in the event of a tie, the president shall have the casting vote.2 if the agreement of the majority of the members of each council is required, the council president shall participate in the vote.art. 81 final vote 1 a final vote shall be held on: a. a federal act;b. an ordinance of the federal assembly;c. a federal decree that is subject to a mandatory or an optional referendum.771bis the final vote shall be held as soon as the chambers have reached unanimous decisions on the bill and have approved the wording revised by the drafting committee. the two chambers shall hold the final vote on the same day.782 if both chambers approve the bill then the enactment has been passed by the federal assembly.3 if one or both chambers reject the bill then the enactment is not passed.77 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).78 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 82 publication of the voting results the standing orders of the councils shall determine the cases in which the result of the vote is published in the form of a list of members' names with the votes they cast.chapter 2 procedure between the chambers section 1 cooperation between the chambers art. 83 joint decrees of the chambers 1 federal assembly decrees require the agreement of both chambers.2 a joint decree is not required in respect of petitions and reports that are submitted for information purposes.art. 84 designation of the first chamber 1 business that must be dealt with separately by the two chambers shall be allocated to one of the chambers for prior consideration (the first chamber).2 the presidents of the chambers shall decide on the allocation of business. if they are unable to reach an agreement, the matter shall be decided by drawing lots.art. 85 schedule for dealing with business in the chambers 1 draft amendments to the constitution and non-urgent federal acts are not normally considered for the first time by both chambers in the same session.2 the conference for coordination may in response to an application by the federal council or a committee decide that an item of business in accordance with paragraph 1 will by way of exception be considered by both chambers for the first time in the same session.art. 86 passing business on to the other chamber 1 business that must be considered by both chambers and which has been voted on by one chamber must then be passed on to the other chamber for consideration.2 the first chamber may consider the matter again only after the other chamber has voted on it.3 where the drafts of more than one bill are submitted to the federal assembly accompanied by the same federal council dispatch or a report, these bills may be passed on individually to the other chamber after the first chamber has voted on them all.4 a federal decree on the counter proposal to a popular initiative must be passed on to the other chamber with the federal decree on the related popular initiative.7979 inserted by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 87 referral to the federal council and adjournment of the procedure 1 if one chamber refers an item of business in its entirety back to the federal council, it must give notice of its decision to the other chamber.2 if the other chamber does not agree with the decision to refer the matter back, the referral will still take effect provided the first chamber confirms its initial decision.3 the same procedure also applies to the decision of a chamber to adjourn the discussion of an item of business for a period that is expected to exceed one year (suspension of business).art. 88 sharing the discussion of a bill 1 by way of exception, a large bill may be divided up by joint decision of both chambers and may be passed on to the other chamber in parts before the bill has been voted on in its entirety.2 prior to a vote being taken on the bill in its entirety, the members of either chamber may move that any provision of the entire bill be reconsidered.3 where either of the two chambers rejects the proposal to divide the bill and if the chamber that has rejected the division confirms its decision, the bill is passed on to the other chamber only after a vote has been taken on the bill in its entirety.section 2 resolution of differences between the chambers art. 89 procedure in the event of differences 1 where, following consideration of a bill, there are differences between the chambers, the divergent decisions of each chamber shall be referred to the other chamber for consideration, until agreement is reached between the two chambers.2 following the initial consideration in each chamber, any further consideration shall be limited exclusively to the issues on which no agreement has been reached.3 a chamber may reconsider any other issue only if this becomes necessary as a result of decisions taken in the intervening period or if the preliminary consultation committees of both chambers move jointly for the issue to be reconsidered.art. 9080 abandonment of a bill the chambers may in response to a joint motion from their respective preliminary consultation committees abandon a bill during or on completion of the procedure for the resolution of differences.80 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 91 appointment of a conciliation committee 1 if there are still differences following three detailed discussions in each chamber, a conciliation committee shall be appointed. this committee is responsible for seeking a compromise solution.2 the preliminary consultation committees shall each contribute 13 members to the conciliation committee. if the preliminary consultation committee of a chamber comprises fewer than 13 members, additional members must be added to reach this number. the composition of the delegations from each committee is governed by article 43 paragraph 3.3 the committee president of the first chamber shall chair the conciliation committee. the president's deputy and the members of the conciliation committee are appointed in accordance with the relevant provisions of the standing orders.8181 second sentence inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 92 decisions of the conciliation committee 1 the conciliation committee is quorate when a majority of the members of each of the two delegations is present. the quorum must be expressly confirmed.2 the conciliation committee reaches its decisions on the basis of the majority of the votes cast by its members. the committee president may participate in the vote. in the event of a tie, the president has the casting vote.3 the conciliation committee shall propose a compromise motion that eliminates the remaining differences in their entirety.art. 93 procedure for dealing with the compromise motion in the chambers 1 the compromise motion shall be submitted first of all to the first chamber and, provided it votes in favour of the motion in its entirety, it shall then be submitted to the other chamber.2 if the compromise motion is rejected by either of the chambers, the bill must be abandoned.art. 94 settlement of differences on the budget and on supplementary credits where a compromise motion on a federal decree on the federal budget or a supplementary credit is rejected, the decree based on the third round of deliberations that provides for a lower amount shall be accepted.art. 94a82 settlement of differences relating to legislature plan and financial plan83 1 if the federal decree on the legislature plan is the subject of differences between the chambers following the first reading of the bill, the conciliation committee shall be appointed.2 in the case of the federal decrees on the legislature plan and the financial plan, the conciliation committee shall propose a compromise motion in respect of each difference. a separate vote is held on each motion.843 if any motion is rejected, the related provision shall be deleted.82 inserted by no i of the fa of 22 june 2007 (legislature plan), in force since 1 dec. 2007 (as 2007 5231; bbl 2006 1837 1857).83 amended by annex no 1 of the fa of 26 sept. 2014 (new management model for the federal administration), in force since 1 jan. 2016 (as 2015 1583; bbl 2014 767).84 amended by annex no 1 of the fa of 26 sept. 2014 (new management model for the federal administration), in force since 1 jan. 2016 (as 2015 1583; bbl 2014 767).art. 95 settlement of differences in special cases if the divergent decisions of the two chambers relate to an entire item of business, the second rejection by either chamber is final. the foregoing applies in particular to:a. the introduction of bill;b. the acceptance of a bill in the vote on the bill in its entirety;c. the approval of a treaty under international law;d. the guarantee of a cantonal constitution;e. an opinion on a popular initiative in the form of a general proposal;f. the urgency clause;g.85 the decision on whether a cantonal initiative should be endorsed; h. the approval of federal council ordinances;i.86 .j. the continuation of an item of business in respect of which a motion for abandonment has been made.85 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).86 repealed by no i of the fa of 17 june 2011 (requests to lift immunity), with effect from 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).chapter 3 procedure for popular initiatives section 1 popular initiative for the complete revision of the federal constitution art. 96 where a popular initiative for the complete revision of the federal constitution is declared successful, the federal assembly shall submit the initiative to the vote of the people.section 2 popular initiative for the partial revision of the federal constitution a. general provisions art. 97 federal council dispatch and draft decree 1 the federal council shall submit to the federal assembly:a. at the latest one year after submission of a successful popular initiative, a dispatch and the draft of a federal decree for the consideration of the federal assembly;b. at the latest one year after the approval of the people or of the federal assembly of an initiative submitted in the form of a general proposal, a dispatch and the draft of a federal decree for a partial revision of the federal constitution.2 if the federal council decides to draw up a draft federal decree on a counter-proposal or a bill that is closely related to the popular initiative, the foregoing period shall be extended to 18 months.873 if the federal council does not submit its dispatch and the draft of a federal decree to the federal assembly in due time, a relevant committee may draw up the necessary bill.8887 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).88 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 98 validity of popular initiatives 1 the federal assembly shall declare a popular initiative wholly or partly invalid if it holds that the requirements of article 139 paragraph 3 of the federal constitution have not been fulfilled.2 if the decisions of the two chambers in relation to the validity of the popular initiative or of parts thereof diverge from each other and the chamber that has approved the validity of the initiative confirms its decision, the popular initiative or, depending on the case, its disputed part, shall be held to be valid.3 if the compromise motion on the voting recommendation is rejected, in derogation from article 93 para. 2 only the provision concerned shall be deleted.8989 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 99 prohibition of the amendment of popular initiatives 1 popular initiatives, or all the valid parts thereof, must be submitted to the vote of the people as they stand.2 the drafting committee reserves the right to correct obvious translation errors and to make any formal adjustments necessary to incorporate the proposed constitutional amendment into the constitution. the committee shall give the initiative committee the opportunity to express its opinion.9090 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).b. popular initiative in the form of a draft proposal art. 100 voting recommendation the federal assembly shall decide within 30 months of the submission of a popular initiative in the form of a draft proposal whether it recommends that the people and the cantons accept or reject the initiative.art. 10191 counter-proposal 1 the federal assembly may submit its own counter-proposal on the same constitutional issue to the vote of the people and the cantons at the same time as the popular initiative.2 the federal decree on the counter-proposal of the federal assembly shall be debated in each chamber prior to the assembly deciding on the voting recommendation in the federal decree on the popular initiative.3 the final vote on the federal decree on the counter-proposal shall take place no more than eight days before the end of the session which precedes the expiry of the deadline for dealing with the popular initiative. if the federal decree is rejected by either chamber in the final vote, the conciliation committee shall submit a proposal on the voting recommendation in the federal decree on the popular initiative. a counter-proposal may no longer be put forward.91 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 10292 decisions on voting recommendations and counter-proposals 1 where the federal assembly submits a counter proposal in addition to the popular initiative to the vote of the people and the cantons, it may: a. recommend that the popular initiative be rejected and the counter-proposal accepted; orb. recommend that both bills be accepted.2 if the assembly recommends the acceptance of both bills, it shall recommend that voters accept the counter-proposal in the third question.92 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).c. popular initiative in the form of a general proposal art. 103 approval or rejection and popular vote 1 the federal assembly shall decide within two years of submission of a popular initiative in the form of a general proposal whether it approves or rejects the initiative.2 if the federal assembly rejects the popular initiative, it shall submit the initiative to the vote of the people.art. 104 drafting of an amendment to the constitution by the federal assembly 1 if the federal assembly approves a popular initiative, or if the people vote in favour of an initiative, the federal assembly shall within two years draft a partial revision to the federal constitution.2 the draft prepared by the federal assembly shall correspond strictly to the content and objectives of the popular initiative.3 where the chambers are unable to agree on the draft of the partial revision or if the draft is rejected by one or both chambers, the decisions of the chambers from the most recent discussion shall be submitted to the vote of the people as alternatives.d. extension and expiry of deadlines art. 105 extension of deadline 1 if one chamber reaches a decision on a counter-proposal or on a bill closely related to a popular initiative, the federal assembly may extend the deadline for dealing with the matter by one year.1bis .932 if the chambers are unable to agree on an extension of deadline, no extension shall be granted.93 inserted by no ii of the fa of 25 sept. 2009 (conditional withdrawal of a popular initiative) (as 2010 271; bbl 2009 3591 3609). repealed by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), with effect from 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 106 expiry of deadline if the chambers are unable to reach a unanimous decision by the statutory deadline, the federal council shall order that a popular vote be held.chapter 4 procedure for parliamentary initiatives art. 10794 subject matter and form 1 a parliamentary initiative may be used to propose that committee prepare a draft federal assembly bill.2 the reasons for the parliamentary initiative must be stated. the statement of reasons must in particular include the aims of the bill.3 a committee may submit a bill to its council by means of a parliamentary initiative.94 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 108 inadmissibility the parliamentary initiative of a council member or of a parliamentary group shall be inadmissible if it relates to matters that may be submitted as a proposal relating to a bill pending before the federal assembly. the office of the council may decide on exceptions to the foregoing.art. 109 procedure for the preliminary examination 1 parliamentary initiatives brought by a council member or a parliamentary group, together with proposals submitted to a committee for the preparation of an initiative by that committee shall be subject to a preliminary examination.2 the relevant committee of the chamber to which the initiative has been submitted shall decide within one year of being assigned the initiative whether to endorse the initiative or whether to instruct its chamber not to endorse the initiative. if the chamber follows the instructions of the committee, the initiative is regarded as having been dealt with.953 the decision to endorse an initiative or to have the committee prepare its own initiative requires the consent of the relevant committee of the other chamber. this committee shall invite the committee responsible for the initial consideration to appoint a delegation to present its decision. if the latter committee does not consent, the initiative is only endorsed if both chambers agree. if the second chamber does not agree, the initiative is irrevocably rejected.963bis the committee of the other chamber and, in the event of disagreement, the relevant committees of the chambers decide in accordance with paragraph 3 or submit their proposal to their chamber one year at the latest after the preceding committee or council decision on the initiative.974 if the author of an initiative or the request for the preparation of an initiative is not a member of the committee, he or she may participate in the preliminary examination in an advisory capacity at the meetings of the committee of his or her chamber.985 if the author of an initiative leaves the council and if no other assembly member takes up the initiative during the first week of the following session, the initiative shall be abandoned without a council decision unless the committee has already endorsed the initiative.9995 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829). see also the transitional provision for this amendment at the end of this text.96 fourth sentence inserted by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).97 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829). see also the transitional provision for this amendment at the end of this text.98 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).99 inserted by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 110 subject matter of the preliminary examination 1 an initiative shall be endorsed or a proposal for the preparation of an initiative shall be approved if the need in principle for legislation is confirmed and a parliamentary initiative is judged to be the appropriate course of action.2 a parliamentary initiative shall in particular be judged appropriate if:a. the initiative proposes a bill relating to the organisation or procedures of the federal assembly;b. the federal council has not prepared a bill in time, despite a motion being passed to this effect; orc.100 the preparation of a bill by this means will probably be achieved more quickly than by a motion.3 the committee shall examine how it can prepare the bill in the time required, taking account of the methods at its disposal.100 the correction made by the federal assembly drafting committee dated 17 feb. 2016, published 1 march 2016, relates to the italian text only (as 2016 657).art. 111 preparation of a bill 1 if an initiative is endorsed, the relevant committee of the chamber to which the initiative was submitted shall prepare a bill within two years.2 if the author of an initiative or the request for the preparation of an initiative is not a member of the committee, he or she may participate in the preliminary examination in an advisory capacity at the meetings of the committee of his or her chamber.1013 the report explaining the committee bill to the federal assembly shall fulfil the requirements for a federal council dispatch (art. 141).101 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 112 cooperation with the federal council and the federal administration 1 the committee may involve the federal department responsible in order to obtain all the legal and material information required for the preparation of a bill.2 it shall submit the preliminary draft and its explanatory report for consultation in accordance with the provisions of the consultation procedure act of 18 march 2005102.1033 it shall submit the report and bill that it submits to its council to the federal council at the same time in order that the federal council may state its opinion thereon within an appropriate period; excepted from the foregoing are provisions on the organisation or the procedures of the federal assembly that are not laid down by statute and which do not directly affect federal council.1044 if the federal council requests any alteration, the committee shall discuss the opinion of the federal council before consideration of the bill in the first chamber.102 sr 172.061103 amended by art. 12 no 1 of the consultation procedure act of 18 march 2005, in force since 1 sept. 2005 (as 2005 4099; bbl 2004 533).104 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 113 extension of deadline and abandonment 1 if the committee does not submit its bill within two years, the council shall decide at the request of the committee or of its office whether the deadline should be extended or the initiative abandoned.2 the committee may request the council to abandon the initiative if:a. its purpose has been fulfilled by another bill; orb. the mandate conferred on the committee can no longer be carried out.art. 114 debate on the bill in the assembly 1 if the council approves its committee's bill in the vote on the bill in its entirety, the initiative is submitted to the other chamber and is further considered in accordance with the ordinary procedure for bills.1051bis if the council does not approve the introduction of its committee's bill or rejects it in the vote on the bill in its entirety, the initiative is regarded as having been dealt with.1062 in the committee of the second chamber, the draft from the first chamber is presented by a member of the committee that prepared it.105 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).106 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).chapter 5 procedure for cantonal initiatives art. 115107 subject matter and form 1 any canton may by means of a cantonal initiative propose that a committee prepare a draft federal assembly bill.2 the reasons for the cantonal initiative must be stated. the statement of reasons must in particular include the aims of the bill.107 amended by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).art. 116 procedure for preliminary examination 1 cantonal initiatives are subject to a preliminary examination.2 for the preliminary examination, article 110 applies by analogy.3 the decision to endorse an initiative requires the agreement of the committees responsible in both chambers. if one committee does not agree, the council shall decide. if the council does not agree, the initiative shall go to the other chamber. the second rejection by a council is final.3bis the committees are subject to the time limits in article 109 paragraphs 2 and 3bis.1084 the committee of the first chamber shall hear a representative of the canton at the preliminary examination.108 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829). see also the transitional provision for this amendment at the end of this text.art. 117 preparation of a bill 1 if an initiative is endorsed, it shall be reallocated to one of the chambers for initial consideration in accordance with the procedure laid down in article 84.2 for the further procedure, articles 111-114 apply by analogy. the abandonment of an initiative requires the agreement of the other chamber. if the first chamber decides not to approve the draft of the committee, or if the draft is rejected when voted on in its entirety, this shall be regarded as equivalent to abandonment.chapter 6 procedure for procedural requests section 1 general art. 118 forms of procedural request 1 parliamentary procedural requests are:a. motions;b. postulates;c. interpellations;d. questions.2 they shall normally be addressed to the federal council.3 if they relate to the organisation or procedures of the federal assembly, they shall normally be addressed to the office of the council to which they are submitted.4 they shall be addressed to the federal courts if they relate to the conduct of business or financial budget of the federal courts; motions are excluded.4bis they shall be addressed to the supervisory authority for the office of the attorney general of switzerland if they relate to the management or budget of the office of the attorney general of switzerland or its supervisory authority; motions are excluded.1095 in the case of procedural requests made to the offices of the chambers and to the federal courts, articles 120-125 apply by analogy.110109 inserted by no i of the fa of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3687; bbl 2011 6793 6829).110 the correction by the federal assembly drafting committee of 15 feb. 2018, published 27 feb. 2018, relates to the french text only (as 2018 935).art. 119 general procedural provisions for procedural requests 1 procedural requests may be submitted by the majority of the members of a committee, as well as by a parliamentary group or an assembly member during a parliamentary session.2 if a procedural request relates to more than one material point, a separate discussion and vote may be held on each point.3 the wording of a procedural request may not be altered after its submission; article 121 paragraph 4 letter b is reserved.1114 .1125 a procedural request made by a council member or a parliamentary group shall be abandoned without a council decision if:a. the council has not finished dealing with the procedural request within two years of its submission; orb. the author leaves the council and no other assembly member takes up the procedural request during the first week of the following session.1136 .114111 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).112 repealed by no i of the fa of 3 oct. 2008, with effect from 2 march 2009 (as 2009 725; bbl 2008 1869 3177).113 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).114 repealed by no i of the fa of 3 oct. 2008, with effect from 2 march 2009 (as 2009 725; bbl 2008 1869 3177).section 2 motions art. 120 subject matter 1 a motion mandates the federal council to submit a bill to the federal assembly or to take certain action.2 if the federal council is responsible for taking action, it shall do so or submit to the federal assembly the draft bill by means of which the motion may be implemented.3 a motion shall be inadmissible if it seeks to influence an administrative ruling or an appeal decision that must be taken as part of a procedure regulated by the law.art. 121115 procedure in the assembly 1 the federal council shall normally propose the acceptance or rejection of a motion by the start of the next ordinary session following its submission. it shall submit its proposal in relation to a committee motion that is submitted less than a month before the start of the next ordinary session by the start of the session following the next session.2 if one chamber rejects a motion, the motion is regarded as having been dealt with. if the chamber to which the motion has been submitted approves the same, the motion goes to the other chamber.3 a motion accepted by the first chamber may in the second chamber be:a. irrevocably accepted or rejected;b. amended on the proposal of the majority of the committee responsible for the preliminary examination or on the proposal of the federal council.4 if the second chamber makes an amendment, the first chamber may in the second consideration:a. agree to the amendment;b. stand by its decision to accept the motion in its original form; orc. irrevocably reject the motion.1164bis if the first chamber in the second consideration stands by its decision to accept the motion in its original form, the second chamber may agree to this decision or irrevocably reject the motion.1175 a motion accepted by the first chamber without the agreement of the second chamber shall be irrevocably accepted if:a. it relates to organisational or procedural issues of the chamber to which it has been submitted; orb. it is a committee motion and an identical committee motion is accepted in the other chamber.115 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).116 amended by no i of the fa of 18 june 2021 (resolution of differences in the case of motions), in force since 1 nov. 2021 (as 2021 612; bbl 2020 9309; 2021 138).117 inserted by no i of the fa of 18 june 2021 (resolution of differences in the case of motions), in force since 1 nov. 2021 (as 2021 612; bbl 2020 9309; 2021 138).art. 122118 procedure for approved motions 1 if a motion is still pending after two years, the federal council shall report to the federal assembly each year on what it has done in relation thereto and on how it intends to fulfil the mandate. this report shall be submitted to the committees responsible.2 a committee or the federal council shall request that a motion be closed if its mandate has been fulfilled. the request shall be addressed to both chambers unless the motion relates to issues of the organisation or procedure of a specific chamber. 3 a request for a motion to be closed may also be made if the mandate has not been fulfilled but the motion should no longer be pursued. the request shall be justified:a. with a special report on the motion to be closed; orb. in a dispatch on a federal assembly bill on subject matter connected with the motion.4 if the decisions of the two chambers on the request to close a motion do not correspond, the procedure for the settlement of differences in article 95 applies.5 if a request to close a motion is rejected by both chambers, the federal council must fulfil the mandate contained in the motion within one year or within the period fixed by the two chambers on rejecting the request.6 if the federal council fails to comply with the period fixed, a decision on extending the period allowed or on closing the motion shall be taken in the next ordinary session in both chambers at the request of the committees responsible.118 amended by no i of the fa of 5 oct. 2007 (binding effect of the motion), in force since 26 may 2008 (as 2008 2113; bbl 2007 1457 2149). see also the transitional provision for this amendment at the end of this text.section 3 postulates art. 123 subject matter a postulate mandates the federal council to examine and report on whether to submit a bill to the federal assembly or to take a measure. it may also request a report on a different matter.art. 124 procedure 1 the federal council shall normally propose the acceptance or rejection of postulates before the start of the next session. when a committee postulate is submitted less than a month before the start of the next ordinary session, it shall submit its proposal by the start of the session following the next session.1192 the postulate shall be accepted if either chamber approves it.3 the federal council fulfils the terms of a postulate by stating its views thereon in a separate report, or in the annual report or in a dispatch to a bill of the federal assembly.4 if a postulate is still pending after two years, the federal council shall report to the federal assembly each year on what it has done in relation thereto and on how it intends to fulfil its mandate. this report is submitted to the committees responsible.5 a committee or the federal council may request that a postulate be closed if it has been fulfilled or if continuing with the postulate cannot be justified. the chamber that has approved the postulate must consent to it being closed.119 amended by no i of the fa of 3 oct. 2008, in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).section 4 interpellations and questions art. 125 1 an interpellation or a question is a request to the federal council to provide information on matters relating to the confederation.2 the federal council shall normally reply by the next session.3 an interpellation or a question may be declared urgent.4 an interpellation is dealt with if the discussion requested by its author has taken place in the council or when the council has rejected the request for the discussion.5 a question is not discussed in the council; it is dealt with by the reply from the federal council.chapter 7 procedure for petitions and submissions section 1 petitions120 120 inserted by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177). art. 126121 general provisions 1 the responsible committee in each chamber shall decide whether to endorse a petition or whether it shall request its chamber not to endorse the petition.2 if the subject of the petition can be presented in the form of a proposal relating to a matter pending for consideration, the committee shall report on the petition to the council when it is dealing with that business. the committee shall decide either to submit a proposal on the matter or dispense with a proposal. the petition shall be abandoned without a council decision as soon as the matter has been dealt with.3 following the conclusion of the consideration of a petition, the parliamentary services shall notify the petitioners as to whether their concerns have been taken into account.4 the presidents of the committees responsible for the preliminary examination in each chamber may respond directly to a petition if:a. its aim cannot be achieved by a parliamentary initiative, a procedural request or a proposal;b. its content is clearly absurd, querulous or offensive.121 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 127122 committee decision to endorse a petition if the committee endorses a petition, it shall take up the matter to which the petition relates by preparing a parliamentary initiative or a procedural request. 122 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 128123 committee decision to not to endorse a petition 1 the committee shall request its council not to endorse the petition if it:a. rejects the matter to which the petition relates;b. establishes that the matter to which the petition relates has already been dealt with by another competent authority;c. regards the matter to which the petition relates as having been dealt with.2 if the council disregards the proposal of the committee and endorses the petition, it shall refer the petition and mandate back to the committee and instruct the committee to take up the matter in a parliamentary initiative or a procedural request.123 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).section 2 submissions124 124 inserted by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177). art. 129 a submission on the conduct of business and on the financial policy of the federal council, the federal administration, the federal courts or of other persons entrusted with tasks by the confederation shall be allocated to the control or finance committees for a direct response.chapter 8125 procedure for objections to treaties between cantons or between cantons and foreign states 125 inserted by no ii of the fa of 7 oct. 2005, in force since 1 june 2006 (as 2006 1265; bbl 2004 7103).art. 129a 1 if the federal council files an objection to a treaty between cantons or between a canton and a foreign state, it shall submit to the federal assembly the draft of a simple federal decree on the approval of the treaty.2 if a canton files an objection, the responsible committee of the first chamber shall submit to its chamber the draft of a simple federal decree on the approval of the treaty.title 6 elections and verification of elections, and declaration of inability to discharge the duties of office126 126 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).chapter 1 general provisions on elections art. 130 principles 1 voting in elections in the federal assembly is carried out by secret ballot.2 the persons elected shall be those whose names are written on more than half of the valid ballot papers.3 when determining an absolute majority, uncompleted invalid ballot papers shall not be counted.4 if more candidates achieve an absolute majority than there are vacant seats, the surplus candidates with the lower numbers of votes shall be eliminated. art. 131 invalidity and cancelled votes 1 ballot papers that contain defamatory statements or obviously irrelevant markings shall be declared invalid.2 votes for persons not eligible for election, or who have already been elected or eliminated from the election, together with votes for persons who are not adequately identified are cancelled.3 if the name of a candidate is written more than once on a ballot paper, the surplus name or names are deleted.4 if the ballot paper contains more names than there are mandates to be allocated, the surplus names are deleted, beginning from the end of the list. 5 if the number of ballot papers received exceeds that of the ballot papers distributed, the ballot shall be declared invalid and shall be rerun.chapter 2 elections to the federal council art. 132 complete re-election 1 the members of the federal council are elected by the united federal assembly in the session following the general election to the national council.2 the seats are filled individually, one after the other, in the order of the length of period in office of the serving office holders. seats for which serving members of the federal council are standing as candidates are filled first.3 in the first two ballots, any person who is eligible for election may be voted for. from the third ballot onwards, no additional candidatures are permitted.4 excluded from the election are:a. those who obtain fewer than ten votes from the second ballot onwards; andb. the person who receives the lowest number of votes from the third ballot onwards, unless more than one person receives this same number of votes.art. 133 election to vacant seats 1 elections in respect of vacant seats are normally held in the session following receipt of the letter of resignation of the member, following a member unexpectedly vacating his or her seat or following the declaration that the member is unable to discharge his or her duties of office.1272 the newly-elected member assumes office at the latest two months after his or her election.3 if elections are held to more than one vacant seat, the order in which the elections are held is determined by the length of period in office of the previous office holder.127 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 134 election to the presidency of the federal council the president of the confederation and the vice-president of the federal council are elected from its members individually, one after the other, for a term of office of one year.chapter 3 elections to the federal courts art. 135 complete re-election 1 elections to the federal courts take place before the end of the ongoing term of office. separate elections are held for each of the various courts, as well as for each of the judges and part-time judges.2 the elections take place either by means of the re-election of members who are standing for re-election or, in the case of vacant seats or the removal of a member, by means of a supplementary election.art. 136 re-election 1 the ballot paper is a list of names of the members standing for election, in the order of the length of their period in office.2 the voters may delete the names of individual candidates. additional names are not taken into consideration. ballot papers on which all the names have been deleted remain valid and count towards the calculation of the absolute majority.3 only one ballot is held. candidates who do not achieve an absolute majority may stand in the supplementary election.art. 137 supplementary elections 1 supplementary elections take place if a vacant seat arises or a member is not re-elected.2 if by the day before the elections the office the united federal assembly has not received more candidate nominations than there are vacant seats, a list of the names of the candidates in alphabetical order shall serve as the ballot paper, or a list without names but with the same number of lines as there are seats to be filled.3 in the first two ballots, all those who are eligible for election may be elected. from the third ballot onwards no further candidatures are permitted.4 excluded from the election are:a. those who obtain fewer than ten votes from the second ballot onwards; andb. from the third ballot onwards, provided there are more candidates than vacant seats, the person who receives the lowest number of votes, unless more than one person receives this same number of votes.art. 138 elections to the presidency of the federal courts the president and the vice-president of a court are elected for a term of office of two years. they are elected at the same time on two separate ballot papers.chapter 4 other elections art. 139 the federal assembly shall conduct other elections provided for by the constitution or the law in accordance with the rules on the elections to the federal council.chapter 5 verification of elections art. 140 1 the federal assembly shall conduct the verification of elections to the extent that this is provided for by the law.2 a committee of the united federal assembly shall appraise the elections, with the exception of the election of the general secretary of the federal assembly. the committee may for this purpose hear the person whose election is to be verified, together with a delegation from nominating authority. the committee shall request the united federal assembly to confirm the election or not.3 the united federal assembly shall decide by secret ballot and by a majority of its voting members whether the election is to be confirmed or not. if the election is rejected, the nominating authority must hold a new election.chapter 6128 declaration that a federal councillor or the federal chancellor is unable to discharge the duties of office 128 inserted by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).art. 140a 1 the federal assembly shall decide on whether to declare a federal councillor or the federal chancellor unable to discharge their duties of office.2 the office of the federal assembly and the federal council shall be eligible to request such a declaration.3 inability to discharge the duties of office must be presumed if the following requirements are fulfilled:a. owing to serious health problem or other reasons that prevent him or her from returning to work, the person concerned is manifestly unable carry out his or her duties;b. the situation is expected to continue for a considerable length of time;c. the person concerned has failed to tender his or her legally valid resignation within a reasonable time.4 the united federal assembly shall make its decision at the latest in the session following the submission of the request.5 the relevant position shall become vacant upon the declaration that the person concerned is unable to discharge the duties of office.title 7 procedural relations between the federal assembly and the federal council chapter 1 federal council bills art. 141 dispatches on bills 1 the federal council shall submit its bills to the federal assembly together with a dispatch.2 in the dispatch, the federal council shall provide justification for the bill and if necessary comment on the individual provisions. in addition, it shall explain the following points in particular, on condition that it is possible to provide a substantial amount of information thereon:the legal background, the consequences for constitutional rights, compatibility with superior law and the relationship with european law;abis.129 the use of switzerland's room for manoeuvre in adopting international law;ater.130 the observance of the principle of subsidiarity in the allocation and performance of state tasks and the impact of the bill on communes, towns and cities, urban agglomerations and mountain areas;aquater.131 any examination of time limit on the bill;b. the delegation of powers provided for in a draft act;c. the points of view debated in the preliminary stages of the legislative process and their alternatives and the related position of the federal council;d. the planned implementation of the enactment, the planned evaluation of its implementation and the assessment of the planned implementation that took place in the preliminary stages of the legislative process;e. the coordination of tasks and funding;f.132 the consequences for staffing and finances of the bill and its implementation for the federal government, cantons and communes, the methods for meeting the costs and the cost-benefit ratio;g.133 the consequences for the economy, society, the environment and future generations;gbis.134 the safeguarding of the responsibility and room for manoeuvre of the private individuals affected by a regulation; gter.135 the impact on the need for information and communication technologies and the related expenditure;h.136 the position of the bill in relation to the planning of legislation and the financial plan;i. the consequences for gender equality;j.137 the consequences of the bill for the swiss living abroad.129 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).130 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).131 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).132 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).133 amended by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).134 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).135 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).136 amended by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).137 inserted by no i of the fa of 15 june 2018, in force since 26 nov. 2018 (as 2018 3461; bbl 2017 6797 6865).art. 142 budget, updates and the state accounts 1 the federal council shall submit to the federal assembly:a.138 the draft for the federal budget;b. the drafts for the ordinary updates and additional credits, two months prior to the start of the session in which they are to be considered;c. the state accounts, every year two months prior to the start of the session in which they are to be considered.2 it shall accept the drafts for the budget as well as the accounts of the federal assembly, the federal courts, the federal audit office, the office of the attorney general of switzerland and the supervisory authority for the office of the attorney general of switzerland without modification and incorporate them into its draft budget and the state accounts.1393 the federal supreme court is responsible for presenting the draft budget and the draft accounts of the federal courts to the federal assembly. the administration delegation of the federal assembly is responsible for presenting the draft budget and accounts of the federal assembly, the finance delegation for presenting the draft budget and accounts of the federal audit office, and the supervisory authority for the office of the attorney general of switzerland for itself and for the office of the attorney general of switzerland.1404 the federal council shall arrange for projections on the expected annual return to be issued as per 30 june and 30 september. it shall notify the finance committees thereof.141138 amended by art. 65 no 1 of the financial budget act of 7 oct. 2005, in force since 1 may 2006 (as 2006 1275; bbl 2005 5).139 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).140 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).141 inserted by art. 65 no 1 of the financial budget act of 7 oct. 2005, in force since 1 may 2006 (as 2006 1275; bbl 2005 5).art. 143142 financial plan 1 the financial plan covers the three years following the year to which the budget relates.2 the structure and content of the financial plan combine the legislative planning with the financial planning (integrated legislative and financial planning).3 the federal council shall submit the financial plan together with the draft budget to the federal assembly for its attention in the form of a simple federal decree.4 the federal assembly may add mandates for an amendment of the financial plan to the simple federal decree. 5 the federal council normally fulfils these mandates in terms of the draft budget for the year after the following year.142 amended by annex no 1 of the fa of 26 sept. 2014 (new management model for the federal administration), in force since 1 jan. 2016 (as 2015 1583; bbl 2014 767).art. 144 annual objectives and annual report of the federal council 1 the federal council gives notice of its annual objectives for the next year by the start of the final ordinary session of the year. these objectives must be coordinated with the legislature plan.2 the federal council shall submit to the federal assembly the reports on the conduct of its business in the previous year two months before the start of the session in which they are to be considered.3 in its annual report, the federal council presents the main aspects of its activities during the financial year. it provides information on whether the main annual objectives for the financial year have been achieved, on the implementation of the legislature plan and of the legislative programme and on the status of the indicators relevant to the general assessment of the situation and the verification of the achievement of objectives. it must justify any divergences from the planned objectives as well as any unplanned activities.143143 amended by no i of the fa of 22 june 2007 (legislature plan), in force since 1 dec. 2007 (as 2007 5231; bbl 2006 1837 1857).art. 145 procedure for the annual report 1 the president of the confederation is responsible for presenting the report of the federal council on the conduct of its business to the assembly, unless the standing orders of the councils provide otherwise.1442 the federal assembly shall approve the report by means of a simple federal decree.144 amended by no i of the fa of 3 oct. 2008 (annual report of the federal council), in force since 1 march 2009 (as 2009 697; bbl 2008 1095 1105).art. 146145 legislature plan 1 at the start of each legislature period, the federal council shall submit to the federal assembly a dispatch on the legislature plan and a draft simple federal decree on the legislature plan.2 the simple federal decree shall define the policy guidelines and objectives of the legislature plan and assign to these the legislation of the federal assembly that is planned and the additional measures required to achieve each of these objectives.3 in the dispatch on the legislature plan, indicators shall be assigned to the objectives that allow the achievement of the objectives to be verified. the dispatch shall also contain an analysis of the situation that is based on the indicators. in addition, it shall provide a summary of all the draft legislation that the federal council plans to submit to the federal assembly during the legislature period (the legislative programme).4 the dispatch shall present the legislature financial plan. this shall set out the financial requirements for the legislature period, and indicate how the requirements are to be met. the objectives and measures of the legislature plan and the legislature financial plan shall be coordinated with each other in terms of subject matter and time scheduling.145 amended by no i of the fa of 22 june 2007 (legislature plan), in force since 1 dec. 2007 (as 2007 5231; bbl 2006 1837 1857).art. 147146 procedure for the legislature plan 1 the two chambers shall consider the legislature plan in two successive sessions.2 the standing orders of the councils may provide that:a. a council, in considering the legislature plan, decides only on proposals and minority proposals made by the committee responsible for the preliminary examination; andb. other persons entitled to submit proposals must submit their proposals to this committee before the start of the detailed discussion of the federal decree.146 amended by no i of the fa of 22 june 2007 (legislature plan), in force since 1 dec. 2007 (as 2007 5231; bbl 2006 1837 1857).art. 148 further plans and reports 1 in addition to the plans and reports required by the law, the federal council may submit further plans and reports to the federal assembly for its information or attention.2 it may submit to the federal assembly the objectives or conclusions of significant plans or reports in the form of the draft of a simple federal decree or federal decree.3 the federal council shall submit a regular report to the federal assembly on switzerland's foreign policy.3bis it shall report regularly to the federal assembly on the achievement of the strategic goals laid down for the units that have become autonomous in accordance with article 8 paragraph 5 of the government and administration organisation act of 21 march 1997147.1484 the federal assembly may also take decisions in principle and planning decisions on important plans and reports in the form of a simple federal decree or a federal decree.147 sr 172.010148 inserted by no i 1 of the fa of 17 dec. 2010 on the participation of the federal assembly in the management of autonomous units, in force since 1 jan. 2012 (as 2011 5859; bbl 2010 3377 3413).art. 149 submission of dispatches and reports by the federal council 1 the federal council shall submit its dispatches and reports to the parliamentary services fourteen days at the latest before the meeting of the committee responsible for the preliminary examination.2 the parliamentary services shall pass on to the assembly members documents submitted by the federal council and by the federal administration for the attention of the federal assembly or of its committees.chapter 2 procedural relations between the committees and the federal council art. 150 general rights to information 1 the committees and the sub-committees appointed by them are, for the fulfilment of their duties, entitled:a. to invite the federal council to attend meetings in order to provide information and to request reports from the federal council;b. to obtain documents from the federal council for inspection;c. to question persons in the service of the confederation with the consent of the federal council. 2 they have no right to information:a. from the joint reporting procedure or the deliberations in federal council meetings;b. that is classified as secret in the interests of state security or the intelligence services or the disclosure of which to unauthorised persons may be seriously detrimental to national interests.1493 they shall take appropriate precautions to ensure the preservation of secrecy. they may in particular provide that information that is subject to official secrecy in terms of article 8 is passed on to only one sub-committee.4 in the event of any disagreement between a committee and the federal council over the extent of rights to information, the committee may call on the presiding college of the council to which it pertains. the presiding college mediates between committee and the federal council.5 the presiding college shall have the final decision where there is disagreement between the committee and the federal council as to whether the information is required by the committees for the fulfilment of their duties in accordance with paragraph 1.6 the federal council may submit a report to the committee instead of permitting it to inspect the documents, if there is disagreement between it and the committee as to whether the committee has a right to the information in terms of paragraph 2, where mediation by the presiding college of the council proves unsuccessful.7 the presiding college of the council, when preparing to mediate, may inspect the documents held by the federal council and the federal administration without limitation.149 amended by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).art. 151 consultation on ordinances 1 if the federal council is preparing an important ordinance, the committee responsible may request that it be consulted with regard to the same.2 if an ordinance requires to be amended or enacted following the adoption of an enactment of the federal assembly, the committee shall decide in the vote on the bill in its entirety whether it wishes to be consulted.3 the federal council shall inform the federal assembly of the ordinances that it is preparing.art. 152 information and consultation on foreign policy 1 the committees responsible for foreign policy and the federal council shall have regular contact with each other in order to exchange views.2 the federal council shall inform the presiding colleges of the councils and the committees responsible for foreign policy regularly, comprehensively and in good time of important foreign policy developments. the committees responsible for foreign policy shall also pass on this information to other committees involved in foreign policy related matters.3 the federal council shall consult the committees responsible for foreign policy on important plans, on planned changes to the number of switzerland's diplomatic and consular representations abroad, and on the guidelines and directives relating to mandates for important international negotiations before it decides on or amends the same. it shall inform these committees of the status of its plans and of the progress made in negotiations.1503bis the federal council shall consult the committees responsible before it:provisionally applies an international treaty that must be concluded or approved by the federal assembly; orurgently withdraws from an international treaty when any withdrawal should be approved by the federal assembly.151 3ter if the committees of both chambers are against provisional application or immediate withdrawal, the federal council shall refrain therefrom.1524 in urgent cases, the federal council shall consult the presidents of the committees responsible for foreign policy. the presidents shall inform their committees without delay.5 the committees responsible for foreign policy or other relevant committees may request that they be informed or consulted by the federal council.150 amended by annex no iii 1 of the swiss abroad act of 26 sept. 2014, in force since 1 nov. 2015 (as 2015 3857; bbl 2014 1915 2617).151 inserted by no i 2 of the fa of 8 oct. 2004 on the provisional application of international treaties (as 2005 1245; bbl 2004 761 1017). amended by no i 1 of the fa of 21 june 2019 on the authority to conclude, amend and withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).152 inserted by no i 1 of the fa of 21 june 2019 on the authority to conclude, amend and withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).art. 153153 rights to information of the supervisory committees 1 in addition to the rights to information under article 150, the supervisory committees have the right to deal directly with any authorities, offices and other agencies entrusted with the tasks of the confederation and to obtain the information and documents from them that they require in application of article 156. they may assign the responsibility for individual investigations to their secretariat.2 they may obtain information and documents from persons and offices outside the federal administration, provided this is necessary for the fulfilment of their supervisory control. persons outside the federal administration who were previously in the service of the confederation remain subject to article 156. the right to refuse to testify under article 42 of the federal act of 4 december 1947154 on federal civil procedure applies by analogy.3 they may summon persons required to provide information by means of a ruling issued by the committee president in analogous application of the article 49, 50 and 201-209 the criminal procedure code155 and, in the event that such persons fail to appear without excuse, have them brought before the committees by federal or cantonal police officers.4 an objection may be filed against rulings on summonses or enforced appearances within ten days with the president of the council to which the committee president making the decision belongs. the objection has no suspensive effect. if the council president holds that the ruling is unlawful or unreasonable, he or she may award the person making the objection compensation in satisfaction. the decision on the objection is final.5 before the supervisory committees question a member of the federal council, they shall inform him or her of the subject matter of the questions. they shall inform the federal council prior to questioning persons who are or have been subordinated to it. they shall consult with the federal council at its request before persons are required to provide information or hand over documents.6 their decisions on exercising their rights to information are final. they have no right to inspect:a. the minutes of federal council meetings;b. documents that are classified as secret in the interests of state security or the intelligence services or the disclosure of which to unauthorised persons may be seriously detrimental to national interests.7 they shall take appropriate precautions to preserve secrecy in accordance with article 150 paragraph 3. for this purpose, as well as in cases where their rights to information are insufficient for the proper exercise of supervisory control, they may mandate their delegations to investigate any specific issue. they shall issue directives on the preservation of secrecy in their area of responsibility, which shall in particular restrict access to accompanying reports.153 amended by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).154 sr 273155 sr 312.0art. 154 rights to information of the delegations to the supervisory committees 1 no information may be withheld from the delegations to the supervisory committees.2 for the purpose of fulfilling their duties, the delegations to the supervisory committees, in addition to the rights to information in terms of articles 150 and 153, have the right:a. to obtain:1. minutes of federal council meetings,2. documents that are classified as secret in the interests of state security or the intelligence services or the disclosure of which to unauthorised persons may be seriously detrimental to national interests;b. to question persons as witnesses; article 153 paragraphs 3 and 4 applies by analogy to summonses and enforced appearances.1563 all federal council decisions including the proposals and accompanying reports shall be notified to the finance delegation and the control delegation as they are made. they shall jointly specify the details on service, inspection and safekeeping.157156 amended by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).157 amended by no i of the fa of 17 june 2011 (specification of the information rights of the supervisory committees), in force since 1 nov. 2011 (as 2011 4537; bbl 2011 1817 1839).art. 154a158 effect of investigations by the control delegation on other procedures and enquiries 1 federal disciplinary or administrative investigations relating to persons or circumstances that are the subject of an investigation by the control delegation may only be commenced or continued with the authorisation of the control delegation.2 the control delegation shall decide on authorisation after consulting the federal council.3 if there is any dispute as to whether authorisation is required, it shall require the consent of two thirds of all the members of the control delegation.4 an investigation by the control delegation shall not preclude the conduct of civil or administrative proceedings or of preliminary investigations and court proceedings in criminal cases.158 inserted by no i of the fa of 17 dec. 2004, in force since 1 may 2005 (as 2005 4793; bbl 2004 1469 1477).art. 155 hearings by delegations to the supervisory committees 1 before each hearing, it must be established whether a person is to be interviewed as a person providing information or as a formal witness.2 the formal interviewing of witnesses shall be ordered only if the facts of the case cannot be sufficiently clarified by another means. any person summoned is obliged to testify.3 if an investigation is directed solely or mainly towards one person, that person may be interviewed only as a person providing information.4 witnesses must be reminded of their duty to give evidence and their obligation to tell the truth, and persons providing information of their right to refuse to give information. the right to refuse to testify in terms of article 42 paragraph 1 of the federal act of 4 december 1947159 on federal civil procedure is reserved.5 in order to maintain a record of the proceedings, the hearings shall be recorded on audio tape. the transcript of the tape shall be signed by the persons interviewed.6 articles 166-171 apply in respect of the procedure and the rights of the persons concerned.159 sr 273art. 156 position of persons in the service of the confederation 1 persons in the service of the confederation are obliged to provide information completely and truthfully and to indicate all useful documents.2 the right to refuse to testify in terms of article 42 paragraph 1 of the federal act of 4 december 1947160 on federal civil procedure is applicable by analogy.3 persons in the service of the confederation may not suffer any prejudice as a result of making truthful statements to a committee. no proceedings may be taken against them based on statements made to a committee without the prior consultation of the committee concerned.4 persons in the service of the confederation in terms of this act are the personnel of the confederation and persons who are directly entrusted with public duties on behalf of the confederation. the nature of their relationship with the confederation is not decisive.160 sr 273art. 157 opinion of the authority concerned the authority concerned shall have the opportunity to express its opinion before any supervisory committee or delegation thereof issues a report on deficiencies in the conduct of business or in financial management.art. 158 recommendations to the responsible authority 1 a supervisory committee or delegation may make recommendations to the responsible authority that relate to its mandate in the area of supervisory control.2 the authority notifies the supervisory committee or delegation of the implementation of the recommendations.3 the recommendations and the opinion of the responsible authority are made public unless this is contrary to interests that are worthy of protection.chapter 3 representation of the federal council in the federal assembly art. 159 participation of the federal council in council meetings 1 the head of the department responsible for the field of activity to which the business for consideration belongs shall normally participate in the council meetings.2 a member of the federal council may be accompanied by persons in the service of the confederation or by experts. by way of exception, such persons may, at the request of the member of the federal council, be permitted to speak on matters that require specialist technical knowledge.art. 160 participation of the federal council in committee meetings 1 when business is being considered that has been raised by the federal council or with regard to which it has expressed an opinion, a member of the federal council normally participates in the committee meetings.2 the members of the federal council may with the agreement of the committee president be represented by persons in the service of the confederation.3 the members of the federal council and their representatives have the right to be accompanied by an expert.art. 161 participation of the federal chancellor the federal chancellor is responsible for matters relating to the business of the federal chancellery in the assembly and in the committees.title 8 procedural relations between the federal assembly and the federal courts and supervisory authority for the office of the attorney general of switzerland161 161 amended by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 162 1 the following provisions on procedural relations between the federal assembly and the federal council are applicable in an analogous manner to procedural relations between the federal assembly and the federal courts:a. budget and state accounts (art. 142 para. 1);b. annual report (art. 144 para. 2 and 145 para. 2);c. dealings between the committees and the federal council (7th title, chapter 2.);d. parliamentary investigation committee (9th title).2 the federal supreme court shall appoint a member who is responsible in the assembly and in its committees for matters relating to the drafts of the budget, the accounts and the annual reports of the federal courts as well as their views on parliamentary procedural requests that relate to the conduct of their business or their financial policy.3 the member of the federal supreme court may be accompanied in the committees by persons in the service of the confederation, or, with the agreement of the committee president, be represented by such persons.4 the committees shall allow the federal courts the opportunity to express their views where a bill subject to their preliminary examination relates to the competencies, the organisation or the administration of the federal courts.5 paragraphs 1-4 apply by analogy to the supervisory authority for the office of the attorney general of switzerland.162162 inserted by annex no ii 2 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).title 9 parliamentary investigation committee art. 163 duties and appointment 1 the federal assembly may in its exercise of supervisory control, if events of importance require investigation, appoint a joint parliamentary investigation committee (pinc) of both chambers for the purposes of investigating the circumstances or of obtaining additional information on which to base its assessment.2 appointment is by simple federal decree following consultation with the federal council. the decree shall determine the mandate of the investigation committee and the financial resources available to it.art. 164 organisation 1 the investigation committee shall comprise an equal number of members from each chamber.2 for the election of the members and of the chairpersons and for the decision-making procedure, article 43 paragraphs 1-3 and article 92 paragraphs 1 and 2 apply respectively by analogy.3 the investigation committee shall have its own secretariat. the required staff are made available by the parliamentary services. the committee may appoint further staff in accordance with the provisions of the code of obligations.art. 165 procedure 1 on the basis of its mandate and of the law, the investigation committee shall take the procedural measures required for its investigations.2 the authorities of the confederation and the cantons must provide the investigation committee with the administrative and legal assistance that it requires.3 minutes shall be taken of the principal procedural events.art. 166 rights to information 1 for the fulfilment of its mandate as stipulated in the federal decree, the investigation committee has the same rights to information as the delegations to the supervisory committees (art. 150 and 153-156). 2 in individual cases, the investigation committee may appoint an investigating officer to gather evidence. investigating officers shall work in accordance with the mandate and the directives of the committee.3 the investigation committee is not permitted to delegate the right to interview witnesses to the investigating officers.4 persons questioned by the investigating officer have the right to refuse to make a statement or to hand over documents. in such cases, such persons shall be interviewed by the investigation committee.5 for the gathering of evidence, articles 42-48 and 51-54 of the federal act of 4 december 1947163 on federal civil procedure apply by analogy, provided there is no provision to the contrary in this act.163 sr 273art. 167 rights of the federal council 1 the federal council has the right to attend the questioning of persons providing information and of witnesses and to ask additional questions as well as to inspect documents that have been handed over together with expert opinions and the transcripts of interviews conducted by the investigation committee.2 it may express its views on the result of the investigation before the investigation committee and in a report to the federal assembly.3 the federal council shall appoint one of its members to act on its behalf in dealings with the investigation committee. the member may for the purpose of exercising the rights of the federal council in accordance with paragraph 1 appoint a suitable liaison person.art. 168 rights of persons concerned 1 the investigation committee shall identify the persons whose interests are directly affected by the investigation and inform these persons without delay about the investigation. they shall be accorded the right conferred by article 167 paragraph 1, to the extent that they are affected.2 the investigation committee may restrict or revoke the rights of the person concerned to be present at hearings and to inspect files if this is required in the interests of the ongoing investigation or for the protection of third parties. in such cases, the committee shall inform the person concerned, either verbally or in writing, of the essential content of statements made or documents and give the person the opportunity to express his or her views thereon and to indicate further evidence.3 evidence that is not made known to a person concerned may not be used against that person.4 the investigation committee may permit a person concerned, at their request, to be accompanied by a lawyer for the entire proceedings or at individual meetings, if this is required for the protection of the lawful interests of the person concerned. the lawyer may only request further evidence and ask additional questions.5 following the conclusion of the investigation and prior to the submission of the report to the chambers, the persons against whom allegations have been made have the right to inspect the relevant sections of the draft report. they shall have the opportunity to express their views thereon within a reasonable period either verbally or in writing before the investigation committee.6 their verbal or written opinions must be summarised in the report.art. 169 obligation of secrecy 1 any person who participates in meetings and interviews is subject to the obligation of secrecy until the report to the federal assembly is published. persons questioned are in particular not permitted to report to their superiors on the questioning or on requests for documents.2 after the submission of the report, the general provisions on the confidentiality of committee meetings apply.3 the president and the vice-president of the investigation committee, or if they are no longer members of the council, the president and the vice-president of the control delegation shall decide on applications to inspect files during the protective period that applies in terms of articles 9-12 of the archiving act of 26 june 1998164.164 sr 152.1art. 170 perjury by witnesses and expert witnesses 1 any person who appears as a witness in proceedings before the investigation committee and gives false evidence or appears as an expert witness and provides a false report or a false expert opinion shall be liable to the penalties provided under article 307 of the swiss criminal code165.2 any person who refuses without lawful reason to make a statement or to hand over documents shall be liable to the penalties provided under article 292 of the swiss criminal code.3 offences, including breach of the obligation of secrecy in terms of article 169 paragraph 1, are subject to federal jurisdiction.165 sr 311.0art. 171 effect on other proceedings and investigations 1 if the federal assembly has decided to appoint an investigation committee, no other committee is permitted to conduct further investigations into the events that are the subject of the mandate of the investigation committee.2 the appointment of an investigation committee shall not prevent the conduct of civil or administrative court proceedings or of preliminary investigations and court proceedings under criminal law.3 disciplinary166 or administrative inquiries at federal level that relate to matters or persons that are or have been the subject of a parliamentary investigation may only be initiated with the authorisation of the investigation committee. ongoing proceedings must be suspended until the investigation committee authorises their continuation.4 in the event of any dispute as to whether authorisation is required, the investigation committee decides. if the investigation committee has been disbanded, the president and the vice-president of the control delegation decide.166 term in accordance with no i of the fa of 17 dec. 2004, in force since 1 may 2005 (as 2005 4793; bbl 2004 1469 1477).title 10 final provisions art. 172 repeal and amendment of current legislation the repeal and the amendment of the current legislation are regulated in the annex.art. 173 transitional provisions 1. transitional provision relating to art. 13 (disciplinary measures)article 13 applies to infringements that are committed after this act comes into force.2. transitional provision relating to articles 14 and 15 (incompatibility)1 for the members of the council of states whose term of office extends beyond the general election to the national council that follows the date on which articles 14 and 15 come into force, the previous provisions on incompatibility apply until the end of their terms of office.2 if the act comes into force after 31 july in the year of a general election to the national council, articles 14 and 15 first come into force at the start of the first session following the next general election to the national council.3. transitional provision relating to the 5th title (procedure in the federal assembly)the previous law also applies to business that is pending in either chamber on the date on which this act comes into force.4. transitional provision relating to the 9th title (parliamentary investigation committee)articles 163-171 apply to parliamentary investigation committees that are appointed after the date on which this act comes into force.5. transitional provision relating to art. 40a (judiciary committee).1676. transitional provision relating to art. 86 para. 4, 97 para. 2 and 101 para. 2 and 3 (popular initiatives)the amendments to articles 86 paragraph 4, 97 paragraph 2 and 101 paragraphs 2 and 3 apply to popular initiatives in respect of which the federal council has yet to submit a draft federal decree on the popular initiative to the federal assembly as of the commencement of the amendment to this act of 3 october 2008.1687. transitional provision relating to art. 105 para. 1bi in accordance with the amendment of 25 september 2009 (extension of the period for dealing with a popular initiative)the new law applies to federal popular initiatives that are pending when the amendment to this act of 25 september 2009 comes into force.169167 inserted by art. 5 no 1 of the fa of 18 march 2005 on the establishment of the federal administrative court, in force from 1 oct. 2005 until 31 dec. 2006 (as 2005 4603; bbl 2004 4787).168 inserted by no i of the fa of 3 oct. 2008 (parliamentary law. miscellaneous amendments), in force since 2 march 2009 (as 2009 725; bbl 2008 1869 3177).169 inserted by no ii of the fa of 25 sept. 2009 (conditional withdrawal of a popular initiative), in force since 1 feb. 2010 (as 2010 271; bbl 2009 3591 3609).art. 174 commencement 1 this act is subject to an optional referendum.2 the conference for coordination shall determine the date on which this act comes into force.3 articles 14, 15 and 61 shall come into force at the start of the first session following the first general election to the national council to take place after the date on which this act comes into force.170 on the same date, article 18 of the federal act of 17 december 1976171 on political rights (annex sec. ii 1) shall be repealed.commencement date: 1 dec. 2003172170 first day of the winter session 2007 (3 dec. 2007).171 sr 161.1172 ordained by the coordination conference of the fa of 16 sept. 2002 (as 2003 3593).transitional provision relating to the amendment of 5 october 2007173 173 as 2008 2113; bbl 2007 1457 2149article 122 applies in its new version of 5 october 2007 to motions that have not yet been adopted by both chambers at the time at which this amendment takes effect.transitional provision relating to the amendment of 17 june 2011174 174 as 2011 4627; bbl 2010 7345 7385the previous law applies when dealing with applications to lift immunity and similar applications that were pending when the amendment to this act of 17 june 2011 came into force.transitional provision relating to articles 109 paragraphs 2 and 3bis and 116 paragraph 3bis in accordance with the amendment of 21 june 2013175 175 as 2013 3687; bbl 2011 6793 6829the previous law applies to parliamentary initiatives and cantonal initiatives that have already been assigned to a committee for preliminary examination when this amendment comes into force.annex (art. 172)repeal and amendment of current legislation ifollowing enactments are repealed:1. guarantee act of 26 march 1934176.2. decree the federal assembly of 15 november 1848177 relating to oath of office sworn by the supreme federal authorities.3. parliamentary procedure act of 23 march 1962178. article 8septies remains in force until article 61 of the parliament act comes into force (art. 174 para. 3).iithe following enactments are amended as follows:.179176 [bs 1 152; as 1962 773 art. 60 para. 2; 1977 2249 no i 121; 1987 226, 2000 273 annex no i 414; 2003 2133 annex no 3]177 [bs 1 461]178 [as 1962 811; 1984 768, 1985 452; 1987 600 art. 16 no 3; 1989 257; 1990 1642; 1992 2344; 2000 273]179 the amendments may be consulted under as 2003 3543.

171.14english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.standing orders of the council of states(so-cs)of 20 june 2003 (status as of 7 september)the council of states,on the basis of article 36 of the parliament act of 13 december 20021 (parla), and having considered the report of the political institutions committee of the council of states of 31 march 20032,decrees:1 sr 171.102 bbl 2003 3508chapter 1 accession to the council art. 1 notification by the cantons the council acknowledges the notifications by the cantons concerning the results of elections to the council of states.art. 2 swearing-in 1 after the council has acknowledged the notifications by the cantons concerning elections to the council of states, the newly-elected council members shall swear the oath or make the solemn promise. council members who have been directly re-elected are not sworn in again.2 all persons present in the chamber and in the gallery shall rise for the swearing-in.3 the president shall request the secretary-general to read out the solemn promise or oath.4 persons swearing the oath raise shall three fingers of their right hand and say the words i swear; persons making the solemn promise say the words i solemnly promise.chapter 2 organs section 1 election of the presiding college and of the bureau art. 3 1 the council shall elect the members of the presiding college and of the bureau individually at the beginning of each winter session.2 immediate re-election to the same office is not possible, apart from to the office in accordance with article 5 paragraph 1 letter d.3 if the office of a member of the bureau becomes vacant during the term of office, the council shall elect a substitute member for the remaining period; if the post of president becomes vacant, the council shall hold a substitute election if the president leaves office before the start of the summer session.section 2 president and presiding college art. 4 1 the president shall fulfil the tasks conferred on him or her by law and:a.chair the council meetings;b.establish the agenda, subject to council decisions to the contrary, taking into consideration the programme of the parliamentary session established by the bureau;c.chair the presiding college and the council bureau;d.represent the council in its external dealings.2 if the president is unable to chair the meeting, or wishes by way of exception to participate in a debate, he or she shall be replaced provisionally by the first vice-president, or if need be by the second vice-president.3 if neither vice-president is able to chair the meeting, the presidency shall be assumed by the following persons:a.a predecessor; if more than one is present in the council, the council member who more recently exercised the office shall take precedence;b.the council member who has served the most terms of office; if two or more council members have served the same term, the older member shall take precedence.4 the vice-presidents:a.support the president;b.carry out with the president the tasks conferred on the presiding college by law.5 decisions of the presiding college require the approval of at least two of its members.section 3 the bureau art. 5 composition and procedure 1 the bureau comprises:a.the three members of the presiding college;b.a teller;c.a deputy teller;d.a further member from each group of the federal assembly with at least five members in the council of states which is not represented among the members of the bureau under letters a-c.2 the bureau is subject to the procedural rules of the committees.art. 6 tasks 1 the bureau:a.plans the activities of the council and establishes the session programme, subject to decisions by the council to modify the list of items of business, or to add or withdraw such items;b.sets the remit of the standing committees and institutes special committees;c.allocates business to the committees for preliminary debate, co-reporting or final examination and sets deadlines; it may delegate this task to the president;d.coordinates the activities of the committees;e.examines, at the request of the finance committee, whether a committee responsible for the preliminary examination of a matter should seek an opinion from the finance committee under article 49 paragraph 5 parla; f.schedules the meetings of the committees for the year;g.elects the presidents, vice-presidents, and members of the committees, unless the law provides otherwise;h.ascertains the results of elections and votes; the president may call on other members of the council if the tellers and their replacements are impeded;i.examines whether incompatibilities exist under article 14 letters b-f parla, and, if necessary, requests the council to confirm the existence of any incompatibility;j.handles all other issues of organisation and procedure in the council.2 the bureau shall consult the presidents of the committees before taking decisions on matters concerning paragraph 1 letters b, c, and f. 3 council members have three days in which to contest an election under paragraph 1 letter g and propose the nomination of another member of the council; the decision rests with the council.section 4 committees and delegations art. 7 standing committees 1 the following standing committees exist:1.finance committee (fc);2.control committee (cc);3.foreign affairs committee (fac);4.science, education and culture committee (secc);5.social security and health committee (sshc);6.environment, spatial planning and energy committee (espec);7.security policy committee (spc);8.transport and telecommunications committee (ttc);9.economic affairs and taxation committee (eatc);10.political institutions committee (pic);11.legal affairs committee (lac);12.3.2 the standing committees have 13 members.43 repealed by no i of the decree of 20 march 2008, with effect from 1 april 2008 (as 2008 1215; bbl 2008 1861 1863).4 amended by no i of the decree of 20 march 2008, in force since 1 april 2008 (as 2008 1215; bbl 2008 1861 1863).art. 8 special committees in exceptional cases, the bureau may institute special committees. prior to doing so, it shall consult the presidents of the standing committees whose area of competence may be affected.art. 9 delegations unless otherwise provided in an act or ordinance of the federal assembly, the provisions on committees set out in the parliament act and in these standing orders apply mutatis mutandis to the standing and non-standing delegations.art. 10 legislature planning committee the legislature planning committee is constituted in the first session of the legislative period of the national council as the special committee for the preliminary examination of the federal council's report on the legislature plan.art. 11 sub-committees 1 every committee may, with the approval of the bureau, establish its own sub-committees.2 the committee shall issue the sub-committee with an assignment that specifies its task and sets a deadline for the submission of its reports.art. 12 tasks of the president 1 the president of the committee:a.plans the work of the committee;b. sets the agenda, subject to contrary decisions by the committee;c.chairs the meetings of the committee;d.represents the committee in its external dealings.2 if the president is unable to act, article 4 paragraph 2 and 3 applies mutatis mutandis.3 the president shall participate in votes held by the committee. in the event of a tie, he or she has the casting vote.art. 13 term of office 1 the term of office of all committee members is four years, subject to contrary provisions contained in the parliament act or in an ordinance of the federal assembly. it ends at the latest with the total renewal of the committees in the first session of the new legislative period. re-election is possible.2 the term of office of presidents and vice-presidents of the standing committees is two years. immediate re-election to the same office is not possible.3 the term of office of the members of a special committee corresponds to the duration of the committee's activity.4 if a seat on the committee becomes vacant, the person elected to fill the seat on the committee serves out the remainder of the term of office.art. 14 substitution 1 a committee member may be substituted for a single meeting or individual meeting days.2 if a committee member leaves the council, the parliamentary group shall nominate a replacement, as long as the bureau has not assigned another member to the position.3 the committee secretariat shall be notified of the replacement member under paragraphs 1 and 2 without delay.4 members of the control committee and members of a parliamentary investigation committee, or their sub-committees, may not be substituted by another member.5 a member of a sub-committee may only be replaced by another member of the main committee.art. 15 informing the public 1 the president or members selected by the committee shall inform the media in written or oral form of the main results of the committee's deliberations.2 the information provided generally includes the main decisions taken, the results of any votes and the principal arguments presented in the course of the deliberations.3 persons present at the meetings shall not release any information before the committee has released its official communication.4 any information regarding views expressed by persons present at the meeting or how they voted shall remain confidential, unless they decide to submit a minority proposal to the council.art. 16 reporting 1 for every item of business, the committee shall nominate one of its members to report to the council and to present the proposals of the committee.2 the committee may deliver a written report to the council. it does so particularly if no other official explanatory document exists.chapter 3 procedure section 1 preliminary examination, allocation and examination of items of business art. 17 preliminary examination 1 items of business under article 71 parla is subject to preliminary examination by the responsible committees; exceptions there from are:a.procedural requests by the members of the council and groups;b.candidates for election;c.points of order;d.statements made by the federal council;e.other items of business stipulated by law or by these standing orders.2 at the request of the cantons, the committees shall hear the opinions of the cantons with regard to the feasibility of implementation of legislation enacted by the federal assembly.3 a procedural request may be subjected to preliminary examination if the responsible committee or the council so decides. 4 .55 repealed by no i of the decree of 17 june 2011 (council body responsible for application to lift immunity), with effect from 5 dec. 2011 (as 2011 4635; bbl 2010 7345 7385).art. 18 allocation 1 new items of business are generally allocated to a committee for preliminary examination as soon as possible. 2 a federal council report may be allocated directly to the responsible committee. the committee may request the bureau to include the report in the session programme.art. 19 examination of formal legality 1 a parliamentary initiative or procedural request submitted by a member of the council shall be examined for its formal legality by the president on its submission. 2 the evaluation of formal legality according to article 71 parla is only conducted by the president on request. if the item of business is pending in the federal assembly, the president of the national council shall be consulted. 3 if an item of items of business is declared inadmissible by the president, the author may appeal to the bureau. the decision of the bureau is final.art. 20 communication to the council of the results of the preliminary examination 1 legislative bills produced by a committee or proposals submitted by the committee responsible for the preliminary examination of a legislative bill put forward by the federal council must be sent to members of the council at least fourteen days before they are due to come before the council; this rule does not apply to legislative bills examined by both chambers in the same session (art. 85 parla).2 if the documents are not submitted in time, the bureau shall consider removing the item of business from the session programme.art. 20a6 6 inserted by no i of the cs decree of 4 may 2020 (sessions outside the parliament building), in force from 4 may 2020 until the cs sits in the parliament building again (7 sept. 2020) (as 2020 1605; bbl 2020 4315).section 2 business and procedure a. parliamentary initiatives and procedural requests art. 21 submission a member of the council may submit a parliamentary initiative or a procedural request in writing during the council sitting.art. 22 statement of reasons 1 the wording of a parliamentary initiative and of a procedural request must not contain a statement of reasons.2 the council member must add a statement of reasons to a parliamentary initiative. motion or a postulate.77 amended by no i of the decree of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3695; bbl 2011 6793 6829).art. 23 answering of procedural requests the addressee of a procedural request shall respond to the request in writing by the next ordinary session following submission of the request. if the addressee of a procedural request is unable to respond to the request within the specified period, he or she shall inform the bureau and the author stating a reason for the delay.art. 24 procedure in the council 1 motions, postulates and interpellations shall generally be considered during the ordinary session following their submission.2 if a procedural request and an item of business pending in the council relate to the same matter, the two may be considered together.3 an interpellant may declare his or her satisfaction with the federal council's response, even if the council refuses to debate the interpellation.art. 25 co-signatories 1 a parliamentary initiative or procedural request may be signed by more than one council member. the member signing first is considered the author.1bis .82 the author may withdraw the initiative or request without approval of the co-signatories.8 inserted by no i of the cs decree of 4 may 2020 (sessions outside the parliament building), in force from 4 may 2020 until the cs sits in the parliament building again (7 sept. 2020) (as 2020 1605; bbl 2020 4315).art. 26 urgent treatment 1 an interpellation or a question may be declared urgent.2 the bureau is responsible for the declaration of urgency.3 an urgent question must be submitted at the latest one week before the close of the session, and in one-week sessions on the first day. it shall be answered by the federal council in writing within three weeks.94 the bureau may with the consent of its author convert an urgent interpellation into an urgent question.109 amended by no i of the decree of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3695; bbl 2011 6793 6829).10 amended by no i of the decree of 21 june 2013 (improvements in the organisation and procedures of parliament), in force since 25 nov. 2013 (as 2013 3695; bbl 2011 6793 6829).b. statements art. 27 statement by the council of states 1 at the request of a member of the council or a committee, the council may make a statement on important events or on foreign or domestic policy matters.2 the council may decide to hold a discussion on the draft of a statement. it may approve or reject the draft or refer it back to the committee.3 the draft of a statement shall be abandoned if it is not considered in the ongoing or subsequent session.art. 28 statement by the federal council 1 the federal council may make a statement to the council on important events or on foreign or domestic policy matters.2 at the request of a member, the council may decide to hold a discussion on the statement.c. lifting immunity art. 28a11 the legal affairs committee is responsible for dealing with requests to lift the immunity of a council member, a member of the federal council, the federal chancellor or federal judges, or similar requests.11 inserted by no i of the decree of 17 june 2011 (council body responsible for application to lift immunity), in force since 5 dec. 2011 (as 2011 4635; bbl 2010 7345 7385).section 3 organisation of council sittings art. 29 agenda 1 notice is given of the agenda as follows:a.for the first sitting of a session: when the session programme is sent out;b.for other sittings: at the end of the preceding sitting.2 the agenda lists all items of business.3 the president may exceptionally add items to the agenda during the sitting, in particular in order to deal with differences and deferred matters for consideration.art. 30 minutes 1 in the cases under article 44 paragraph 2, the clerk to the council shall take the minutes in the language of the president. the minutes shall state:a.the matters that have been discussed;b.the proposals made;c.the result of the votes and elections;d.the members of the council who have been excused.122 the president shall approve the minutes.12 amended by no i of the decree of 22 march 2013 (electronic voting equipment), in force since 1 march 2014 (as 2014 251; bbl 2012 9463).art. 31 quorum the president shall verify whether the council is quorate:a.before elections, votes on entire bills and final votes as well as votes on provisions that require the approval of a majority of the members of the council in accordance with article 159 paragraph 3 of the federal constitution13 in order to be accepted;b.at the request of a member of the council.13 sr 101art. 32 attendance 1 the president opens the sitting. the roll is then called.2 members of the council shall notify the clerk to the council, if possible before the sitting, if they are unable to attend.art. 33 dress code all persons present in the chamber shall wear appropriate attire.art. 34 call to order 1 the president shall call persons attending a sitting to order who:a.make insulting or irrelevant remarks or infringe other procedural rules;b.by their conduct disrupt council proceedings.2 if the call to order is disregarded, the president may order that disciplinary measures be taken in accordance with article 13 paragraph 1 parla.3 the council shall decide without discussion on objections made by the person concerned.section 4 council debates art. 35 requesting and granting the right to speak 1 in the council, no one may speak unless granted the right to do so by the president.2 anyone who wishes to speak must submit a request to do so to the president.3 the president shall normally grant the right to speak in the following order:a.the committee rapporteur;b.committee members;c.members of the council.4 members of the council shall generally be granted the right to speak in the order in which their requests are received.5 the committee rapporteurs and the representative of the federal council shall be allowed to speak when they request to do so.6 members of the council shall be granted the right to speak out of turn if they wish to make a point of order or personal statement.art. 36 personal statement any member of the council may make a brief personal statement; this may be used to respond to a comment relating to his or her person or in order to rectify a statement that he or she has made.art. 37 introduction and detailed consideration 1 the council may dispense with an introductory debate, unless a proposal is submitted not to approve introduction.2 it may decide to debate an item of business article by article, in sections or in its entirety.art. 38 proposals 1 a proposed amendment must be submitted to the president in writing and normally before the debate on the item of business concerned.1bis .142 he or she shall examine the proposed amendments on their filing to confirm that they fulfil the formal requirements.3 a proposed amendment shall be subject to a preliminary examination by the committee responsible if the council so decides.14 inserted by no i of the cs decree of 4 may 2020 (sessions outside the parliament building), in force from 4 may 2020 until the cs sits in the parliament building again (7 sept. 2020) (as 2020 1605; bbl 2020 4315).art. 39 points of order 1 the council shall usually deal with a point of order immediately.2 it shall decide without discussion on any proposal for reconsideration, after hearing a brief statement of reasons for the proposal and any counter-proposal.3 if the council votes in favour of the proposal for reconsideration, the article or section shall be debated again.art. 40 conclusion of the debate the president closes the debate if there are no further requests to speak.art. 41 second reading 1 an item of business that has been substantially amended due to proposals from the floor of the council shall be returned for editorial revision to the committee responsible for the preliminary examination, if the council so decides.2 the revised text shall be submitted to the council for approval as a whole.section 5 voting art. 42 wording of the question before the vote, the president shall provide a brief summary of the proposed amendments made and submit proposals to the council on the question and on the order of voting in accordance with articles 78 and 79 parla.art. 43 abstention and statement of reasons for the vote 1 no member of the council is obliged to vote.2 prior to votes on entire bills and final votes on legislative bills, as well as votes in which the approval of a majority of members of the council is required under article 159 paragraph 3 of the federal constitution15, each member of the council shall be entitled to state briefly the reasons for his or her vote or abstention.15 sr 101art. 4416 voting 1 each member of the council votes from his or her desk using the electronic voting system.2 if sittings are held in camera or if the electronic voting equipment is defective, voting is by show of hands or roll call.16 amended by no i of the decree of 22 march 2013 (electronic voting equipment), in force since 1 march 2014 (as 2014 251; bbl 2012 9463).art. 44a17 recordings and publishing voting data 1 the electronic voting system counts and records the votes cast in every vote.2 the way in which the members of the council vote and the result are shown on electronic display panels.3 the president announces the result.4 the result is published in the form of a list of names:a.in the case of votes on entire bills;b.in the case of final votes;c.in the case of votes on provisions that require the approval of a majority of the members of the council in accordance with article 159 paragraph 3 of the federal constitution18 in order to be accepted;d.if at least ten members of the council so request.5 on the list of names, for each member it is indicated whether he or she:a.votes yes; b.votes no; c.abstains; d.does not participate in the vote; or e.is excused.6 a person is regarded as excused if he or she gives notice of being unable to attend an entire day's sitting at the latest by the start of the sitting due to an assignment from a permanent delegation in accordance with article 60 parla or due to close family bereavement, maternity, accident or illness.196bis a person is regarded as partially excused if he or she gives notice of being unable to attend part of a day's sitting at the latest by the start of the sitting due to an assignment from a parliamentary body.207 the office may on request authorise a scientific evaluation of unpublished voting results.17 inserted by no i of the decree of 22 march 2013 (electronic voting equipment), in force since 1 march 2014 (as 2014 251; bbl 2012 9463).18 sr 10119 amended by no i of the decree of 20 march 2015 (amendment of the grounds for being excused), in force since 1 june 2015 (as 2015 1295; bbl 2015 2239).20 inserted by no i of the decree of 20 march 2015 (amendment of the grounds for being excused), in force since 1 june 2015 (as 2015 1295; bbl 2015 2239).art. 45 voting by a show of hands21 1 when voting by a show of hands in accordance with article 44 paragraph 2, the votes need not be counted if the result of the vote is obvious.222 the number of votes cast and the number of abstentions must be counted in every case in the case of:a.votes on entire bills;b.final votes;c.votes that require the approval of a majority of the members of the council in accordance with article 159 paragraph 3 of the federal constitution23 in order to be accepted.21 amended by no i of the decree of 22 march 2013 (electronic voting equipment), in force since 1 march 2014 (as 2014 251; bbl 2012 9463).22 amended by no i of the decree of 22 march 2013 (electronic voting equipment), in force since 1 march 2014 (as 2014 251; bbl 2012 9463).23 sr 101art. 4624 roll call voting 1 voting takes place in the cases under article 44 paragraph 2 by calling the roll if this is requested by at least 10 members of the council.2 in a vote by calling the roll, the members of the council respond from their seats in alphabetical order of their names to question put to the vote by the president with a yes, no or abstain.3 the only vote that counts is that cast immediately after the member's name is read out.4 after each response, the council secretary announces the interim result.5 the result is published in the form of a list of names, other than in the case of sittings held in camera.24 amended by no i of the decree of 22 march 2013 (electronic voting equipment), in force since 1 march 2014 (as 2014 251; bbl 2012 9463).chapter 4 house rules art. 47 access to the chamber and its antechambers 1 the following persons are allowed access to the chamber and its anterooms (the lobby and antechamber) during the sessions:a.members of the federal assembly;b.members of the federal council and the federal chancellor;c.members of the federal supreme court representing the federal courts on matters of business in accordance with article 162 paragraph 2 parla;d.parliamentary services staff, as their duties require;e.staff accompanying members of the federal council, the federal chancellor or members of the federal supreme court, as their duties require;f.photographers and camera crew bearing a pass issued by parliamentary services.2 during sessions, accredited journalists and the persons holding an entry pass in accordance with article 69 paragraph 2 parla also have access to the antechambers.3 the gallery is open to the public, while the press gallery is open to accredited journalists.4 in the case of sittings in camera (art. 4 para. 2 and 3 parla), only the persons specified in paragraph 1 letters a-d have access to the chamber and to its antechambers. the galleries shall be cleared.5 the president may issue further regulations on access to the chamber, its antechambers and the galleries; in particular he or she may impose time limits on the right to visit the gallery when there are large numbers of visitors.6 the president may issue regulations on the use of the rooms while the council is not in session.art. 48 conduct of visitors to the chamber 1 visitors to the galleries shall remain quiet. they shall in particular refrain from any audible expression of approval or disapproval. picture or sound recordings are only permitted with authorisation of the parliamentary services.2 the president shall order unauthorised persons to be removed from the chamber.3 he or she shall order authorised persons who are not members of the council to be removed from the chamber or visitors to be removed from the gallery if, having been warned, they continue to behave inappropriately or to cause a disturbance.4 the president shall suspend the proceedings if order in the chamber or in the galleries cannot be restored immediately.chapter 5 final provisions art. 49 repeal of current legislation the standing orders of the council of states of 24 september 198625 are repealed.25 [as 1987 2, 1991 2340, 1994 2151, 1995 4360, 1997 1475, 1998 785, 1999 2614, 2000 1 and 241]art. 50 commencement these standing orders come into force together with the parliament act on 1 december 2003.

172.010english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.government and administration organisation act(gaoa)of 21 march 1997 (status as of 2 december 2019)the federal assembly of the swiss confederation,based on article 173 paragraph 2 of the federal constitution1,2 and having considered the federal council dispatch dated 16 october 19963,decrees:1 sr 1012 amended by no i of the fa of 1 oct. 2010 (data protection in the use of electronic infrastructure), in force since 1 april 2012 (as 2012 941; bbl 2009 8513).3 bbl 1996 v 1title 1 principles art. 1 the government 1 the federal council is the highest executive authority of the confederation.2 it comprises seven members.3 it is assisted by the federal chancellor.art. 2 the federal administration 1 the federal administration is subordinate to the federal council. it comprises the departments and the federal chancellery.2 the individual departments are divided into offices, which may be organised into groups. each has a general secretariat.3 the federal administration also includes decentralised administrative units in accordance with the terms of its organisational directives.4 federal legislation may assign administrative duties to entities under public or private law which are not part of the federal administration.art. 3 principles of government and administrative activities 1 the federal council and federal administration act in accordance with the constitution and the law.2 they are committed to the common welfare, protect citizen's rights and the powers of the cantons and promote cooperation between the confederation and cantons.3 they shall act to achieve their aims in a manner that is appropriate and economically viable.art. 4 political responsibility the federal council is collectively responsible for its governmental functions.art. 5 review of federal tasks the federal council shall regularly review the tasks of the confederation and their implementation as well as the organisation of the federal administration. in doing so, it shall apply the criterion of necessity and assess whether the aims set out in the constitution and the law have been achieved. it shall develop forward-looking solutions for action by the state.title 2 the government chapter 1 the federal council section 1 functions art. 6 government obligations 1 the federal council determines the aims of its government policy and the means to achieve them.2 it gives priority to the fulfilment of its obligations of government.3 it takes all the measures required to ensure the continuation of government activities at all times.4 it works to maintain the unity of the state and the cohesion of the country while protecting the diversity of the federal system. it helps the other state institutions to fulfil the duties assigned to them by the constitution and the law in a timely and appropriate manner.art. 7 legislation the federal council conducts the preliminary legislative proceedings, subject to the parliamentary right to an initiate legislation. it submits drafts of constitutional amendments, federal acts and decrees to the federal assembly and issues ordinances, provided it is authorised to do so under the constitution and by law.art. 7a4 conclusion and amendment of or withdrawal from international treaties by the federal council5 1 the federal council may conclude, amend or withdraw from treaties under international law at its own behest in as far as it is authorised to do so by a federal act or by an international treaty approved by the federal assembly. authorisation to conclude an international treaty includes authorisation to amend or withdraw from it.6 1bis it may withdraw from an international treaty at its own behest in as far as the federal constitution provides for withdrawal.72 it may conclude international treaties of limited scope at its own behest. it may likewise independently make amendments of limited scope to treaties or withdraw from international treaties of limited scope.83 international treaties or amendments of limited scope are those that:9a. do not create new obligations for switzerland and do not constitute a waiver of existing rights;b. serve to implement treaties approved by the federal assembly and simply provide more detail on rights, obligations or organisational principles that are already set out in the main treaty;c. primarily concern the authorities and involve technical administrative issues.104 international treaties or amendments of limited scope do not include those that:11a. meet any of the requirements for an optional referendum on an international treaty under article 141 paragraph 1 letter d of the federal constitution;b. contain provisions on matters the regulation of which falls solely under cantonal jurisdiction;c. cause non-recurring expenditure exceeding five million francs or recurring expenditure of more than two million francs per year.124 inserted by annex no ii 3 of the parliament act of 13 dec. 2002, in force since 1 dec. 2003 (as 2003 3543; bbl 2001 3467 5428).5 amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).6 amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).7 inserted by no i 1 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).8 amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).9 amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).10 inserted by no i 1 of the fa of 26 sept. 2014 on the power to conclude international treaties of limited scope and the provisional application of international treaties, in force since 1 may 2015 (as 2015 969; bbl 2012 7465).11 amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).12 inserted by no i 1 of the fa of 26 sept. 2014 on the power to conclude international treaties of limited scope and the provisional application of international treaties, in force since 1 may 2015 (as 2015 969; bbl 2012 7465).art. 7b13 provisional application of international treaties by the federal council 1 where the federal assembly is responsible for approving the conclusion of or amendment to an international treaty, the federal council may determine or agree the provisional application of the treaty without the approval of the federal assembly when it is necessary to safeguard important swiss interests and the matter is of particular urgency.141bis it shall refrain from applying the treaty provisionally if the competent committees of both councils are against doing so.152 the provisional application of an international treaty ends if the federal council fails to present the federal assembly with a draft of a federal decree on the treaty in question within six months.3 the federal council shall notify the parties to the treaty of the termination of the provisional application.13 inserted by no i 1 of the fa of 8 oct. 2004 on the provisional application of international treaties, in force since 1 april 2005 (as 2005 1245; bbl 2004 761 1017).14 amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).15 inserted by no i 1 of the fa of 26 sept. 2014 on the power to conclude international treaties of limited scope and the provisional application of international treaties, in force since 1 may 2015 (as 2015 969; bbl 2012 7465).art. 7bbis 16 urgent withdrawal from international treaties by the federal council 1 where the federal assembly is responsible for approving withdrawal from an international treaty, the federal council may withdraw from the treaty without the approval of the federal assembly if it is necessary to do so in order to safeguard important interests of switzerland and if there is a particular urgency in doing so. 2 it may not withdraw urgently if the responsible committees of both chambers object to withdrawal.16 inserted by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).art. 7c17 ordinances safeguarding the interests of the country 1 the federal council, in direct application of article 184 paragraph 3 of the federal constitution, may when necessary issue an ordinance to safeguard the interests of the country.2 it shall limit the period of validity of the ordinance appropriately; the period of validity may not exceed four years.3 it may extend the period of validity once. in this case, the ordinance ceases to apply six months after the beginning of the extension if the federal council fails to present the federal assembly with a bill establishing a legal basis for the content of the ordinance.4 the ordinance ceases to apply:a. if the bill mentioned in paragraph 3 is rejected by the federal assembly; orb. at the latest with introduction of the legal basis provided for in paragraph 3.17 inserted by no i 1 of the fa of 17 dec. 2010 on safeguarding democracy, the rule of law and the capacity to act in extraordinary situations, in force since 1 may 2011 (as 2011 1381; bbl 2010 1563 2803).art. 7d18 ordinances to safeguard external and internal security 1 the federal council may, in direct application of article 185 paragraph 3 of the federal constitution, issue an ordinance to counter existing or imminent threats of serious disruption to public order or internal or external security.2 the ordinance ceases to apply:a. six months after its commencement if the federal council fails to submit to the federal assembly:1. a bill establishing a legal basis for the content of the ordinance, or2. a bill containing a federal assembly ordinance under article 173 paragraph 1 letter c of the federal constitution which replaces the federal council's ordinance;b. if the bill is rejected by the federal assembly; orc. if the legal basis or the replacement ordinance issued by the federal assembly comes into force.3 the federal assembly ordinance provided for in paragraph 2 letter a number 2 ceases to apply three years at the latest from its commencement.18 inserted by no i 1 of the fa of 17 dec. 2010 on safeguarding democracy, the rule of law and the capacity to act in extraordinary situations, in force since 1 may 2011 (as 2011 1381; bbl 2010 1563 2803).art. 7e19 rulings to safeguard the interests of the country or to safeguard internal or external security 1 the federal council may, in direct application of article 184 paragraph 3 or article 185 paragraph 3 of the federal constitution, issue a ruling:a. if required to protect the country's interests; orb. in order to counter existing or imminent threats of serious disruption to public order or internal or external security.2 the federal council shall inform the competent organ of the federal assembly within 24 hours of its resolution on the ruling.19 inserted by no i 1 of the fa of 17 dec 2010 on safeguarding democracy, the rule of law and the capacity to act in extraordinary situations, in force since 1 may 2011 (as 2011 1381; bbl 2010 1563 2803).art. 8 organisation and management of the federal administration20 1 the federal council determines the appropriate organisation of the federal administration and adapts it to circumstances. it may diverge from the organisational provisions of other federal acts unless the federal assembly expressly places limitations on its organisational powers.212 it shall encourage efficiency and innovative ability within the federal administration.3 it supervises the federal administration in a continuous and systematic manner.4 it monitors the decentralised administrative bodies and other bodies charged with carrying out federal administrative tasks which are not themselves part of the federal administration.5 it determines, as appropriate, the strategic goals for the following autonomous units:a. entities under public or private law which:1. are not part of the central federal administration,2. were created under federal legislation or over which the confederation has control by virtue of its capital or voting rights, and3. are delegated federal administrative duties;b. the eth domain.2220 amended by no i of the fa of 22 march 2002 on the revision of organisational provisions of federal legislation, in force since 1 feb. 2003 (as 2003 187; bbl 2001 3845).21 amended by no i of the fa of 22 march 2002 on the revision of organisational provisions of federal legislation, in force since 1 feb. 2003 (as 2003 187; bbl 2001 3845).22 inserted by no i 2 of the fa of 17 dec. 2010 on the participation of the federal assembly in the supervision of autonomous bodies, in force since 1 jan. 2012 (as 2011 5859; bbl 2010 3377 3413).art. 9 implementation and administration of the law 1 the federal council ensures that the legislation and other decisions of the federal assembly are implemented.2 it shall ensure the administration of administrative justice in as far as it is required to do so by legislation.art. 10 information 1 the federal council ensures that the federal assembly, the cantons and the general public are suitably informed.2 it ensures that consistent information on its assessments, plans, decisions and provisions is provided promptly and regularly.3 special provisions to protect overriding public or private interests are reserved.art. 10a23 federal council spokesperson 1 the federal council appoints a leading member of the federal chancellery as federal council spokesperson.2 the federal council spokesperson:a. provides information on behalf of the federal council to the general public;b. advises the federal council and its members on information and communication issues;c. coordinates the information activities of the federal council, the departments and the federal chancellery.23 inserted by no i of the fa of 24 march 2000 (as 2000 2095; bbl 1997 iii 1568, 1999 2538). amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 11 communication with the general public the federal council maintains contact with the general public and ensures they are informed of the opinions and concerns discussed in the public domain.section 2 procedure and organisation art. 12 principle of collegiality 1 the federal council reaches its decisions as a collegial body.2 the members of the federal council shall represent the decisions of the whole.art. 12a24 duty to provide information 1 the members of the federal council and the federal chancellor inform the federal council regularly about their business and in particular about related risks and possible challenges.2 the federal council may request specific information from its members and from the federal chancellor.24 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 13 deliberations 1 the federal council members shall make decisions of major importance or political scope jointly and at the same time.2 the federal council may decide on other items of business in a simplified procedure.3 the essential content of federal council deliberations and decisions are recorded in writing at all times. the federal council minutes guarantee transparency and aid the federal council as a management instrument.2525 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811). the correction by the federal assembly drafting committee (art. 58 abs. 1 parla - sr 171.10) of 22 may 2017, published on 30 may 2017 relates to the french text only (as 2017 3259).art. 14 directives in preparing items of business of major importance or political scope, the federal council shall, if necessary, outline the relevant aims and guidelines.art. 15 joint reporting procedure 1 items of business on which the federal council must decide are presented to the members of the federal council in a joint reporting procedure.2 the federal chancellery regulates the joint reporting procedure.art. 16 convening 1 the federal council convenes as frequently as its business requires.2 the federal council is convened by the federal chancellor on behalf of the president of the confederation.3 each member of the federal council may at any time ask for the council to convene.4 in cases of urgency the president of the confederation may make an exception to the regular procedure for convening the council and conducting negotiations.art. 17 special discussions and closed-door meetings the federal council holds special discussions and closed-door meetings on issues of far-reaching importance.art. 18 presidency and participation 1 the president of the confederation chairs the discussions in the federal council.2 in addition to the members of the federal council, the federal chancellor also participates in the deliberations of the federal council in an advisory capacity. he or she has the right to make proposals in order to fulfil the tasks of the federal chancellery.263 the vice-chancellors shall be present at the discussions unless otherwise specified by the federal council.4 the federal council may call on the expertise of its administrative staff and qualified persons from within and outside of the federal administration when it considers this necessary in order to acquire information and form an opinion.26 second sentence amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 19 quorum 1 the federal council may only reach a decision if at least four of its members are present.2 decisions are taken by a majority vote. federal councillors are permitted to abstain from voting but a valid decision requires the votes of at least three members.3 the chairperson of the federal council takes part in the vote. in the event of a tie, his or her vote is worth double. this does not apply in the case of elections.art. 20 duty of recusal 1 members of the federal council and the persons mentioned in article 18 shall recuse themselves if they have an immediate personal interest in the matter at hand.2 if the council is making a ruling or deciding on an appeal, the provisions on recusal of the federal act of 20 december 196827 on administrative procedure apply.27 sr 172.021art. 21 exclusion of the general public the discussions of the federal council and the joint reporting procedure mentioned in article 15 are not public. the public are informed in accordance with article 10.art. 2228 deputisation in the event of absence 1 the federal council appoints a deputy for each federal councillor from among its members.2 each member of the federal council shall ensure that in the event of unforeseen incidents his or her deputy is notified quickly and comprehensively about important business and the issues to be decided.3 each member of the federal council and his or her deputy shall ensure the orderly handover of business.28 amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 2329 federal council committees 1 the federal council may appoint committees from among its members for certain items of business. these committees are normally made up of three members.2 the committees prepare discussions and decisions for the federal council or conduct discussions on behalf of the collegial body with other internal or external administrative bodies or private individuals. they have no decision-making powers.3 they inform the federal council regularly about their discussions.4 the federal chancellery runs the secretariat, which in particular keeps minutes of the discussions in the committee and manages the documentation.29 amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 24 organisation ordinance the federal council sets out in detail how it exercises its functions in an ordinance.chapter 2 the president of the confederation art. 25 functions within the federal council 1 the president of the confederation heads the federal council.2 the president of the confederation:a. ensures that the federal council accomplishes its tasks in a timely, appropriate and coordinated manner;abis.30 coordinates matters of major importance in which two or more departments are involved or which are of major importance for the country;b.31 prepares discussions for the federal council and the agenda of matters to be discussed and seeks conciliation on controversial issues;bbis.32 may instruct a member of the federal council to submit a specific item of business to the federal council at a given time;c. ensures that the federal council organises and carries out its supervision of the federal administration in an appropriate manner;d. may at any time order investigations into specific matters and suggest appropriate measures to the federal council where necessary.30 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).31 amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).32 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 26 presidential decisions 1 in urgent cases, the president may order precautionary measures to be taken.2 if it is not possible to arrange an ordinary or extraordinary federal council meeting, the president decides in its stead.3 these decisions must be submitted retrospectively to the federal council for approval.4 in addition, the federal council may authorise the president of the confederation to decide on matters of a predominantly formal nature.art. 27 replacement in case of absence 1 if the president is unable to fulfil his or her public duties, the vice-president takes responsibility as his or her replacement and takes over the presidential duties.2 the federal council may transfer certain presidential powers to the vice-president.art. 28 representation the president represents the federal council in switzerland and abroad.art. 29 relationship with the cantons the president is responsible for maintaining relations between the confederation and the cantons with regard to shared concerns of a general nature.art. 29a33 presidential services unit 1 the president shall have a presidential services unit to take care of his or her special tasks, and in particular for international relations, communication, protocol and organisational matters.2 the presidential services unit is affiliated to the federal chancellery.33 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2015 (as 2013 4549; bbl 2002 2095, 2010 7811).chapter 3 the federal chancellor art. 30 functions 1 the federal chancellor is the chief of staff of the federal council.2 the federal chancellor:a. supports the president of the confederation and the federal council in the fulfilment of their tasks;b. fulfils the responsibilities to the federal assembly assigned to him or her by the constitution and the law.art. 31 organisation 1 the federal chancellor is head of the federal chancellery, just as the federal councillors are each head of a department.2 the vice-chancellors deputise for the federal chancellor.3 unless subject to specific arrangements by the federal council, the organisation and management of the federal chancellery are governed by the provisions that apply to the entire federal administration, with the exception of the section on general secretariats.art. 32 advice and support the federal chancellor:a. advises and supports the federal president and the federal council in planning and coordination at government level;b. creates and supervises work plans and business rosters for the federal president;c.34 takes part in the preparation and conduct of federal council meetings and is responsible for keeping the minutes and preparing official copies of the decisions;cbis.35 monitors on behalf of the federal council the progress of its business and of federal assembly mandates as well as the consistency of the content of business and mandates with the legislature plan, the federal council's annual objectives and other federal plans, and may submit proposals to the federal council thereon in the event of new developments;cter.36 ensures that a long-term and continual analysis is made of the situation and environment and provides the federal council with regular reports thereon;d. prepares the federal council's reports to the federal assembly on the key aspects of government policy and the management of the federal council;e. advises the federal president and the federal council in terms of the overall management of the federal administration and assumes supervisory roles;f. supports the federal council in its dealings with the federal assembly;g.37 advises and supports the federal council in its efforts to recognise and respond to crises in good time.34 amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).35 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2015 (as 2013 4549; bbl 2002 2095, 2010 7811).36 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2015 (as 2013 4549; bbl 2002 2095, 2010 7811).37 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2015 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 33 coordination 1 the federal chancellor ensures the coordination of interdepartmental affairs.1bis he or she carries out cross-departmental coordination tasks aimed at recognising and responding to crises in good time.382 he or she ensures coordination with the parliamentary administration. in particular, he or she consults the secretary general of the federal assembly if the business of the federal council or its subordinate offices directly affects the procedure and organisation of the federal assembly or parliamentary services. he or she may take part in the meetings of the administration committee of the federal assembly in an advisory capacity.3938 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2015 (as 2013 4549; bbl 2002 2095, 2010 7811).39 inserted by annex no 3 of the fa of 8 oct. 1999, in force since 1 jan. 2000 (as 2000 273; bbl 1999 4809 5979).art. 33a40 right to information the federal chancellor may request information from the departments in order to fulfil his or her tasks.40 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 3441 information 1 the spokesperson for the federal council in cooperation with the departments ensures that appropriate measures are taken to inform the public.2 the federal chancellor is responsible for internal information between the federal council and the departments.41 amended by no i of the fa of 24 march 2000, in force since 1 sept. 2000 (as 2000 2095; bbl 1997 iii 1568, 1999 2538).title 3 the federal administration chapter 1 direction and principles of direction art. 35 direction 1 the federal administration is directed by the federal council and the heads of department.2 each member of the federal council heads a department.3 the federal council allocates the departments among its members; each member has the duty to take over their designated department.4 the federal council may reallocate the departments at any time.art. 36 principles of direction 1 the federal council and the heads of department set the objectives and priorities of the federal administration.2 when they delegate the immediate fulfilment of tasks to project management bodies or units of the federal administration, they shall provide them with the required powers and resources.3 they assess the performance of the federal administration and periodically check whether their objectives have been met.4 they ensure the careful selection and continuing professional education of employees.chapter 2 the departments section 1 heads of department art. 37 direction and responsibility 1 the head of department bears political responsibility for running a department.2 the head of department:a. sets the guidelines for running the department;b. delegates where necessary the immediate fulfilment of the department's tasks to administrative units and employees under its authority;c. determines the organisation of the department within the terms of this act.art. 38 leadership instruments in principle, the head of department has the unrestricted right to issue instructions, to lead his or her department and intervene personally in a matter. special provisions for individual administrative units and the attribution of certain powers under federal legislation are reserved.art. 38a42 service agreements 1 the departments shall manage the following with annual service agreements:a. the administrative units of the central federal administration;b. the administrative units of the decentralised federal administration, if they do not keep their own accounts.2 the swiss federal audit office is exempted from management by service agreement. the federal council may provide for further exceptions.3 where groups and offices manage administrative units with their own global budgets, the department may delegate the power to them to conclude the service agreements with these administrative units.4 in the service agreement, the tasks of the administrative units are set out according to projects and service groups. they must be given measurable goals.5 the administrative units report annually on the achievement of their goals. at the start of each legislature plan, they shall review the structure and goals of their service groups.42 inserted by annex no 2 of the fa of 26 sept. 2014 (new management model for the federal administration), in force since 1 jan. 2016 (as 2015 1583; bbl 2014 767).art. 39 personal staff the heads of department may employ personal staff and assign tasks to them.art. 40 information in consultation with the federal chancellery, the heads of department take the measures required to inform the public of the departments' activities and decide who is responsible for disseminating that information.section 2 the general secretariats art. 41 position 1 each department has a general secretariat as its general administrative office. the general secretariat may also conduct other tasks.2 the secretary general is the department's chief of staff.art. 42 functions 1 the general secretariat supports the head of department in the planning, organisation and coordination of the department's activities and in the decisions that he or she is required to make.2 it plays a supervisory role as instructed by the head of department.3 it ensures that the planning and activities of the department are coordinated with those of the other departments and of the federal council.4 it supports the head of department in preparing federal council discussions.section 3 offices and groups of offices art. 43 position and functions 1 the offices are the administrative units charged with dealing with the business of the administration.2 the federal council sets out in ordinances the way in which the federal administration is organised into offices. it assigns the offices areas of business which are closely related if possible and determines their tasks.3 the federal council assign the offices to the departments according to the criteria of management, coherence of tasks and material and political balance. it may reassign the offices at any time.4 the heads of department determine the organisational structure of the offices in their department. with the consent of the federal council, they may organise the offices into groups.5 the office directors determine the detailed organisation of their offices.art. 4443 43 repealed by annex no 2 of the fa of 26 sept. 2014 (new management model for the federal administration), with effect from 1 jan. 2016 (as 2015 1583; bbl 2014 767).art. 45 direction and responsibility the directors of the groups and offices are responsible to their superiors for directing the administrative units under them and for carrying out the duties assigned to them.section 4 state secretaries44 44 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811). art. 45a45 appointment and function 1 the federal council may appoint as state secretaries the directors of offices or groups that are responsible for important fields of responsibility of a department. an offices or group that is headed by a state secretary may be known as a state secretariat.2 state secretaries support and relieve the burden on heads of department particularly in their dealings with foreign authorities.45 inserted by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).art. 4646 temporary award of the title of state secretary the federal council may temporarily award the title of state secretary to persons in the federal administration who represent switzerland on its behalf in high-level international negotiations.46 amended by no i of the fa of 28 sept. 2012, in force since 1 jan. 2014 (as 2013 4549; bbl 2002 2095, 2010 7811).chapter 347 fees 47 inserted by no i 3 of the fa of 19 dec. 2003 on the 2003 budgetary relief programme, in force since 1 jan. 2005 (as 2004 1633; bbl 2003 5615). art. 46a 1 the federal council issues provisions on charging appropriate fees for decisions and other services provided by the federal administration.2 it regulates the charging of fees in detail, in particular:a. the procedure for charging fees;b. the level of the fees;c. the question of liability when two or more people are required to pay fees;d. the time limits relating to the charging of fees.3 when setting fees, it observes the principles of equivalence and cost recovery.4 it may make exceptions in charging fees provided the decision or service is of overriding public interest.title 4 responsibilities, planning and coordination chapter 1 responsibilities art. 47 decisions 1 depending the importance of an item of business, it is dealt with by the federal council, a department, a group or an office.2 the federal council sets out in an ordinance which administrative unit is responsible for decisions about individual items of business or in wider areas of business.3 if the departments are unable to agree on responsibility in specific cases, the president of the confederation shall decide.4 the superordinate administrative units and the federal council may at any time take responsibility for deciding on a particular item of business.5 mandatory responsibilities in accordance with the legislation on the administration of federal justice are reserved. if the appeal to the federal council is not permitted, the latter may issue a directive to the competent federal administrative authority on how to decide in accordance with the law.6 federal council business is delegated by law to the department competent for the matter concerned where rulings must be issued that are subject to an appeal to the federal administrative court. the appeal against federal council rulings under article 33 letters a and b of the administrative court act of 17 june 200548 is reserved.4948 sr 173.3249 amended by annex no 9 of the administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 48 lawmaking 1 the federal council may delegate responsibility for enacting legal rules to the departments. in doing so, it takes account of the significance of the legal rules.2 delegating lawmaking to groups and offices is only permitted if authorised by a federal act or a general binding federal decree.art. 48a50 conclusion and amendment of and withdrawal from international treaties 1 the federal council may delegate responsibility for concluding, amending or withdrawing from international treaties to a department. in the case of treaties of limited scope, or of amendments or withdrawals of limited scope, it may also delegate this responsibility to a group or federal office.2 it provides the federal assembly with an annual report on the treaties concluded, amended or withdrawn from by the federal council, the departments, groups and federal offices. only the control delegation receives notice of confidential or secret treaties.50 inserted by annex no ii 3 of the parliament act of 13 dec. 2002 (as 2003 3543; bbl 2001 3467 5428). amended by no i 2 of the fa of 21 june 2019 on the authority to conclude, amend or withdraw from international treaties, in force since 2 dec. 2019 (as 2019 3119; bbl 2018 3471 5315).art. 49 authorisation to sign 1 the heads of department may authorise the following persons to sign particular items of business in their name:a. secretaries-general or the persons representing them;b. members of senior management in the groups and offices;c. further persons in the general secretariat in relation to the department's responsibilities as an appeal authority.2 they may also authorise these persons to sign rulings.513 the directors of the groups and offices and the secretaries general determine who is to have signature authorisation in their domain. contracts, rulings or other formal commitments by the confederation for sums of more than 100,000 francs require two signatures.524 the opening of bank or postal accounts in switzerland requires an additional signature from the federal finance administration.535 the federal council may permit exceptions to the requirement for two signatures in special cases.5451 amended by no ii 5 of the fa of 20 march 2008 on the formal revision of federal legislation, in force since 1 aug. 2008 (as 2008 3437; bbl 2007 6121).52 amended by no i 1 of the fa of 17 march 2017 on the stabilisation programme 2017-2019, in force since 1 jan. 2018 (as 2017 5205; bbl 2016 4691).53 inserted by no i 1 of the fa of 17 march 2017 on the stabilisation programme 2017-2019, in force since 1 jan. 2018 (as 2017 5205; bbl 2016 4691).54 inserted by no i 1 of the fa of 17 march 2017 on the stabilisation programme 2017-2019, in force since 1 jan. 2018 (as 2017 5205; bbl 2016 4691).art. 50 official business 1 the federal council sets out the principles for maintaining international relations in the federal administration.2 dealings with the cantonal governments are the responsibility of the federal council and the heads of department.3 the directors of the groups and offices deal directly with other federal, cantonal and communal authorities and public offices as well as with private individuals, according to their responsibilities.chapter 2 planning and coordination55 55 amended by no i of the fa of 20 march 2008 (revision of extra-parliamentary commissions), in force since 1 jan. 2009 (as 2008 5941; bbl 2007 6641). art. 51 planning the departments, groups and offices plan their activities as part of the federal council's general planning. the departments shall bring their plans to the attention of the federal council.art. 52 coordination activities at government level the federal council, its committees and the federal chancellery carry out the coordination tasks assigned to them by the constitution and the law.art. 53 conference of secretaries general 1 under the leadership of the federal chancellor, the conference of secretaries general directs coordination activities in the federal administration.2 where no special coordinating body exists for specific tasks or items of business, the conference is responsible for these coordination activities, in particular in preparing items of federal council business.3 it may in terms of a federal council decree deal with interdepartmental issues and prepare these for the federal council.4 the secretary general of the federal assembly may take part in the conference of secretaries general in an advisory capacity.5656 inserted by annex no 3 of the fa of 8 oct. 1999, in force since 1 jan. 2000 (as 2000 273; bbl 1999 4809 5979).art. 54 information conference 1 the information conference comprises the federal council spokesperson and the persons responsible for information in the departments. a representative from the parliamentary services may with take part in an advisory role.572 the information conference deals with current information problems in the departments and federal council; it coordinates and plans information.583 the federal council spokesperson holds the chair.5957 amended by no i of the fa of 24 march 2000, in force since 1 sept. 2000 (as 2000 2095; bbl 1997 iii 1568, 1999 2538).58 amended by no i of the fa of 8 oct. 1999, in force since 1 jan. 2000 (as 2000 273; bbl 1999 4809 5979).59 amended by no i of the fa of 24 march 2000, in force since 1 sept. 2000 (as 2000 2095; bbl 1997 iii 1568, 1999 2538).art. 55 other standing staff office, planning and coordination bodies the federal council and departments may employ other staff office, planning and coordination bodies as institutionalised conferences or as self-contained administrative units.art. 56 interdepartmental project organisations the federal council may form project organisations to process important interdepartmental tasks of limited duration.chapter 3 external advice and extra-parliamentary commissions60 60 amended by no i of the fa of 20 march 2008 (revision of extra-parliamentary commissions), in force since 1 jan. 2009 (as 2008 5941; bbl 2007 6641). section 1 external advice61 61 inserted by no i of the fa of 20 march 2008 (revision of extra-parliamentary commissions), in force since 1 jan. 2009 (as 2008 5941; bbl 2007 6641). art. 57 .62 1 the federal council and departments may consult organisations and persons which are not part of the federal administration.2 .6362 repealed by no i of the fa of 20 march 2008 (revision of extra-parliamentary commissions), with effect from 1 jan. 2009 (as 2008 5941; bbl 2007 6641).63 repealed by no i of the fa of 20 march 2008 (revision of extra-parliamentary commissions), with effect from 1 jan. 2009 (as 2008 5941; bbl 2007 6641).section 264 extra-parliamentary commissions 64 inserted by no i of the fa of 20 march 2008 (revision of extra-parliamentary commissions), in force since 1 jan. 2009 (as 2008 5941; bbl 2007 6641). art. 57a purpose 1 extra-parliamentary commissions advise on a permanent basis the federal council and the federal administration on accomplishing their tasks.2 they make decisions insofar as they are authorised to by a federal act.art. 57b requirements extra-parliamentary commissions may be established when tasks:a. require specialist knowledge that is not available in the federal administration;b. require the cantons or additional interested circles to be involved at an early stage; orc. are to be carried out by a decentralised unit of the federal administration which is not bound by directives.art. 57c instituting committees 1 a committee is not established if the task can be more appropriately carried out by a unit of the central federal administration or an organisation or person from outside the federal administration.2 the federal council establishes extra-parliamentary commissions and elects their members.3 the members are appointed for a term of office of four years.4 if a seat becomes vacant, a replacement is elected.art. 57d review every four years, when an extra-parliamentary commission is elected, the necessity for the committee, its tasks and composition shall be reviewed.art. 57e composition 1 extra-parliamentary commissions may normally have no more than 15 members.2 among the members there must a balance between the sexes, languages, regions, age groups and interest groups, with due consideration of the committee's tasks.3 members the federal administration may only be elected as members of a committee in exceptional cases and with due reason.art. 57f disclosure of interests 1 committee members must disclose their interests before election. the federal council shall issue the relevant implementing provisions.2 any person who refuses to disclose their interests is not eligible for election to a committee.art. 57g65 remuneration 1 the federal council sets out uniform criteria for the remuneration of committee members.2 the amount of remuneration is made public.65 in force since 1 jan. 2010 (as 2009 6135).chapter 466 data processing 66 originally chapter 3. inserted by no i of the fa of 24 march 2000 on the creation and amendment of statutory principles for the processing of personal data, in force since 1 sept. 2000 (as 2000 1891; bbl 1999 9005). section 1 documenting correspondence and items of business67 67 inserted by no i of the fa of 1 oct. 2010 (data protection in the use of electronic infrastructure), in force since 1 april 2012 (as 2012 941; bbl 2009 8513). art. 57h68 1 under the federal act of 19 june 199269 on data protection, any federal authority may run an information and documentation system to register, administer, index and monitor its correspondence and business. this system may contain data and personality profiles particularly worthy of protection, depending on the correspondence and type of business. the federal authority concerned may only save personal data if they serve to:a. process items of business;b. organise operational processes;c. determine whether it is processing the data of a particular person;d. facilitate access to documentation.2 only the employees of the federal body concerned have access to the personal data, and only in as far as they need it in order to carry out their tasks.3 the federal council issues implementing provisions on the organisation and operation of this information and documentation system and on the protection of the personal data recorded in it.68 originally art. 57a.69 sr 235.1section 270 processing personal data when using electronic infrastructure 70 inserted by no i of the fa of 1 oct. 2010 (data protection in the use of electronic infrastructure), in force since 1 april 2012 (as 2012 941; bbl 2009 8513).art. 57i relationship to other federal law the regulations in this section do not apply if another federal act regulates the processing of personal data linked to the use of electronic infrastructure.art. 57j principles 1 under the federal act of 19 june 199271 on data protection, federal bodies may not record and evaluate personal data linked to the use of their electronic infrastructure or any electronic infrastructure operated by them unless this is necessary for any of the purposes set out in articles 57l-57o.2 data processing as described in this section may also relate to personal data and personality profiles which are particularly worthy of protection.71 sr 235.1art. 57k electronic infrastructure electronic infrastructure includes all stationary or mobile installations and devices capable of recording personal data; it includes in particular:a. data processing systems, network components and software;b. data storage units;c. telephones;d. printers, scanners, fax and photocopying machines;e. timekeeping systems;f. access and video surveillance systems;g. geopositioning systems.art. 57l recording personal data the federal bodies may record personal data associated with the use of electronic infrastructure for the following purposes:a. all data, including of the content of electronic correspondence: for back-up purposes;b. data linked to the use of electronic infrastructure:1. to ensure the security of information and services,2. to ensure that electronic infrastructure is maintained on a technical level,3. to verify compliance with licensing regulations,4. to trace access to data collections,5. to record any costs arising from the use of electronic infrastructure;c. data on staff working hours: to manage working hours;d. data on persons entering, leaving and remaining on federal premises: for security purposes.art. 57m data evaluation not relating to persons evaluation of recorded data which does not relate to persons is permitted for the purposes stated in article 57l.art. 57n data evaluation not relating to named persons evaluation of recorded data which does not relate to named persons is permitted by random sampling for the following purposes:a. to monitor the use of electronic infrastructure;b. to monitor staff working hours.art. 57o data evaluation relating to named persons 1 evaluation of recorded data which relates to named persons is permitted for the following purposes:a. to investigate specific suspicion regarding abuse of electronic infrastructure and to take action against proven abuse;b. to analyse and eliminate disruptions to electronic infrastructure and protect against clear threats to this infrastructure;c. to provide required services;d. to determine and invoice services rendered;e. to monitor individual working hours.2 evaluation according to paragraph 1 letter a may only be carried out:a. by federal bodies;b. once the person concerned has been informed in writing.art. 57p prevention of abuse the federal authority takes the required preventive technical and organisational measures to prevent abuses.art. 57q implementing provisions 1 the federal council regulates in particular:a. the recording, safeguarding and destruction of data;b. the data processing procedure;c. access to data;d. the technical and the organisational measures to guarantee data security.2 data may only be kept as long as is necessary.3 unless otherwise determined by an ordinance issued by the federal assembly, these implementing provisions where appropriate apply to data relating to members of the federal assembly and the staff of the parliamentary services.title 5 individual and final provisions chapter 1 legal status art. 58 official seat the official seat of the federal council, the departments and the federal chancellery is the city of bern.art. 59 place of residence of the members of the federal council and of the federal chancellor members of the federal council and the federal chancellor are free to choose their place of residence; however, it must be within easy reach of the official seat.art. 60 professional incompatibility 1 the members of the federal council and the federal chancellor may not occupy another position in the confederation or an official position in a canton nor may they carry out another profession or trade.2 they may not hold a position as director, manager or member of an administration, supervisory body or auditing body of organisations that pursue an economic activity.3 the members of the federal council and the federal chancellor may not exercise an official function for a foreign state or accept a title or decoration from a foreign authority.7272 inserted by no i 2 of the fa of 23 june 2000 on titles and decorations of foreign authorities, in force since 1 feb. 2001 (as 2001 114; bbl 1999 7922).art. 6173 personal incompatibility 1 the following may not be members of the federal council at the same time:a. two persons married to each other or who live in a registered partnership or as cohabitees;b. relatives and in-laws related in direct line or collaterally up to the fourth degree;c. two persons whose spouses or registered partners are siblings.2 this provision applies by analogy to the degree of relationship between the federal chancellor and members of the federal council.73 amended by annex no 4 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).art. 61a74 74 inserted by annex no ii 3 of the parliament act of 13 dec. 2002 (as 2003 3543; bbl 2001 3467 5428). repealed by annex no 2 of the fa of 17 june 2011 (applications to repeal immunity), with effect from 5 dec. 2011 (as 2011 4627; bbl 2010 7345 7385).chapter 2 approval of cantonal enactments75 75 originally before art. 62. amended by no i of the fa of 7 oct. 2005, in force since 1 june 2006 (as 2006 1265; bbl 2004 7103). art. 61b76 1 where required by a federal act, the cantons submit their acts and ordinances to the confederation for approval; approval is a condition of validity.2 the departments give approval in uncontroversial cases.3 the federal council shall decide in disputed cases. it may also give approval with reservation.76 originally art. 62, thereafter art. 61a. amended by no i of the fa of 7 oct. 2005, in force since 1 june 2006 (as 2006 1265; bbl 2004 7103).chapter 3 information on agreements between the cantons or between a canton and an institution abroad77 77 inserted by no i of the fa of 7 oct. 2005, in force since 1 june 2006 (as 2006 1265; bbl 2004 7103).art. 61c78 duty to provide information 1 the cantons shall inform the confederation of any agreements concluded among themselves or with institutions abroad. they shall inform the confederation of any agreements with an institution abroad before they are concluded. the confederation and the cantons shall seek amicable solutions.2 agreements are exempted from the duty to provide information if they:a. serve to implement agreements about which the confederation is informed;b. principally concern the authorities or regulate administrative issues.78 inserted by no i of the fa of 7 oct. 2005, in force since 1 june 2006 (as 2006 1265; bbl 2004 7103).art. 6279 procedure 1 the confederation shall inform the public in the official federal gazette about agreements that are brought to its knowledge.2 the department responsible examines whether or not an agreement is in accordance with the law and interests of the confederation. it shall inform the cantons that are party to the agreement of the result within two months following publication of the information in terms of paragraph 1. cantons that are not party to the agreement (third-party cantons) shall inform the contracting parties of any objections they may have within the same time period.3 if objections exist, the department or third-party cantons shall attempt to reach an amicable solution with the cantons that are party to the agreement.4 if no solution is reached, the federal council and third-party cantons may raise a formal objection with the federal assembly within six months following publication of the information in terms of paragraph 1.79 inserted by no i of the fa of 8 oct. 1999 (as 2000 289; bbl 1999 7922). amended by no i of the fa of 7 oct. 2005, in force since 1 june 2006 (as 2006 1265; bbl 2004 7103).chapter 480 concentrated decision-making process 80 originally chapter 2bis. inserted by no i 1 of the fa of 18 june 1999 on the coordination and simplification of the decision-making process, in force since 1 jan. 2000 (as 1999 3071; bbl 1998 2591). art. 62a hearing 1 if, in projects such as those involving buildings and installations, an act provides for the concentration of decision-making in a single authority (the principal authority), this authority hears the statements of the specialist authorities concerned before making a decision.2 if several specialist authorities are concerned, the principal authority listens to their statements at the same time; it may however hear them one after the other if there are particular reasons for doing so.3 the principal authority sets the specialist authorities a deadline for providing a statement; the deadline is normally two months.4 the principal authority and the specialist authorities shall agree amicably on the cases in which exceptionally no statement needs to be provided.art. 62b elimination of differences 1 if there are any differences between the statements of the specialist authorities or if the principal authority does not agree with the statements, it conducts a discussion with the specialist authorities within 30 days in order to eliminate any differences. in this it may call on further authorities or specialists.2 if the differences are successfully eliminated, the result is binding for the principal authority.3 if the differences cannot be successfully eliminated, the principal authority decides; if considerable differences exist between administrative units of the same department, the principal authority shall instruct the department on how to resolve the matter. if several departments are involved, they consult to reach an agreement. when explaining their decision, they should explain the differences in their positions.4 the specialist authorities concerned may defend their own point of view before an appeals authority even after having taken part in a procedure to eliminate differences. art. 62c deadlines 1 the federal council sets deadlines within which a decision is to be reached for each procedure to approve plans for buildings and installations.2 if any of these deadlines cannot be met, the principal authority informs the applicant when the decision is likely to be made, with reasons given.chapter 581 tax exemption and protection of federal property 81 originally chapter 2ter. inserted by annex no ii 3 of the parliament act of 13 dec. 2002, in force since 1 dec. 2003 (as 2003 3543; bbl 2001 3467 5428). art. 62d tax exemption the confederation as well as its institutions, businesses and non-autonomous foundations are exempt from all taxation imposed by the cantons and communes, other than in the case of properties which do not serve an immediate public purpose.art. 62e liability 1 the cantons are liable to the confederation for damage to its property as a result of disruption to public order.2 cantonal and communal regulations on insurance obligations do not apply to the confederation.chapter 682 domiciliary rights 82 originally chapter 2quater. inserted by annex no ii 3 of the parliament act of 13 dec. 2002, in force since 1 dec. 2003 (as 2003 3543; bbl 2001 3467 5428). art. 62f the confederation exercises domiciliary rights in its buildings.chapter 783 final provisions 83 originally chapter 3. art. 63 repeal of the administration organisation act the federal act of 19 september 197884 on the organisation and management of the federal council and the federal administration is repealed.84 [as 1979 114, 1983 170 931 art. 59 no 2, 1985 699, 1987 226 no ii 2 808, 1989 2116, 1990 3 art. 1 1530 no ii 1 1587 art. 1, 1991 362 no i, 1992 2 art. 1 288 annex no 2 510 581 annex no 2, 1993 1770, 1995 978 4093 annex no 2 4362 art. 1 5050 annex no 1, 1996 546 annex no 1 1486 1498 annex no 1]art. 6485 85 repealed by no i of the fa of 22 march 2002 on the revision of organisational provisions of federal legislation, with effect from 1 feb. 2003 (as 2003 187; bbl 2001 3845).art. 6586 86 repealed by art. 65 no 2 of the financial budget act of 7 oct. 2005, with effect from 1 may 2006 (as 2006 1275; bbl 2005 5).art. 66 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 october 19978787 fcd 3 sept. 1997.annex amendments to other federal acts .88 88 the amendments may be consulted under as 1997 2022.

172.021english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on administrative procedure(administrative procedure act, apa)1of 20 december 1968 (status as of 1 january 2021)1 abbreviation added by annex no ii 3 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).the federal assembly of the swiss confederation,on the basis of article 103 of the federal constitution2,3and having considered the dispatch of the federal council dated 24 september 19654,decrees:2 [bs 1 3]. this provision corresponds to art. 177 para. 3 and 187 para. 1 let. d of the federal constitution of 18 april 1999 (sr 101).3 amended by annex no 2 of the fa of 6 oct. 2000 on the general provisions of social insurance law, in force since 1 jan. 2003 (as 2002 3371; bbl 1991 ii 185 910, 1994 v 921, 1999 4523).4 bbl 1965 ii 1348section 1 scope of application and definitions a. scope of application i. principle art. 1 1 this act applies to the procedure in administrative matters that are to be dealt with by rulings of federal administrative authorities of first instance or on appeal.2 authorities in terms of paragraph 1 are:a.5the federal council, its departments, the federal chancellery and the services subordinate to it, and businesses, institutions and other public offices of the federal administration;b.6organs of the federal assembly and of the federal courts responsible for rulings in the first instance and appeal decisions in accordance with the public officials act of 30 june 19277;c.autonomous federal institutions or businesses;cbis.8 the federal administrative court;d.the federal committees;e.other authorities or organisations outside the federal administration, provided they are issuing an ruling in fulfilment of the federal public law duties assigned to them.3 only articles 3438 and 61 paragraphs 2 and 3 on the notification of rulings and article 55 paragraphs 2 and 4 on the withdrawal of suspensive effect apply to the procedure of the cantonal authorities of final instance that issue rulings based on federal public law that are not final rulings. article 97 of the federal act of 20 december 19469 on the old-age and survivor's insurance relating to the withdrawal of the suspensive effect of appeals against rulings issued by the compensation funds is reserved.10 115 amended by no ii of the fa of 28 june 1972 on the amendment of the federal constitution relating to the terms of employment of federal personnel, in force since 1 jan. 1973 (as 1972 2435; bbl 1971 ii 1914).6 amended by annex no 4 of the fa of 8 oct. 1999, in force since 1 jan. 2000 (as 2000 273; bbl 1999 4809 5979).7 [bs 1 489; as 1958 1413 art. 27 let. c, 1997 2465 annex no 4, 2000 411 no ii 1853, 2001 894 art. 39 para. 1 2197 art. 2 3292 art. 2. as 2008 3437 no i 1]. see now the federal personnel act of 24 march 2000 (sr 172.220.1).8 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).9 sr 831.10 10 wording of sentence according to annex no 2 of the fa of 6 oct. 2000 on the general provisions of social insurance law, in force since 1 jan. 2003 (as 2002 3371; bbl 1991 ii 185 910, 1994 v 921, 1999 4523).11 amended by no ii 7 of the fa of 24 june 1977 (9 oasi review), in force since 1 jan. 1979 (as 1978 391; bbl 1976 iii 1).ii. exceptions 1. partial application art. 2 1 articles 12-19 and 30-33 do not apply to tax proceedings.2 articles 4-6, 10, 34, 35, 37 and 38 apply to the testing procedure in professional education and training examinations.3 compulsory purchase procedures are governed by this act unless the federal act of 20 june 193012 on compulsory purchase provides otherwise.134 the procedure before the federal administrative court is governed by this act, unless the federal administrative court act of 17 june 200514 provides otherwise.1512 sr 71113 amended by annex no 2 of the fa of 19 june 2020, in force since 1 jan. 2021 (as 2020 4085; bbl 2018 4713).14 sr 173.3215 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).2. non-applicability art. 3 this act does not apply to:a.the procedures of authorities in terms of article 1 paragraph 2 letter e if a direct appeal to a federal authority against their rulings is inadmissible;b.in relation to federal personnel, the procedure in the first instance relating to the establishment of an employment relationship, to the promotion of federal personnel, and to employment related directives to federal personnel16 and the procedure for the authorisation of the prosecution of federal personnel;c.administrative criminal proceedings and related criminal investigation proceedings;d.17the procedure for the administration of military justice including the administration of military discipline, the procedure in military command matters in terms of article 37 as well as the procedure in terms of articles 38 and 39 of the armed forces act of 3 february 199518,19 .20;dbis.21the procedure in social insurance matters, provided the federal act of 6 october 200022 on the general provisions of social insurance law is applicable;e.23the procedure for customs clearance;ebis.24.f.proceedings in the first instance in other administrative matters, if due to their nature they must be dealt with by an immediately enforceable ruling.16 part of sentence according to no 2 of the annex to the fa of 19 dec. 1986, in force since 1 july 1987 (as 1987 932; bbl 1986 ii 313).17 amended by no 1 of the annex to the fa of 22 june 1990, in force since 1 jan. 1991 (as 1990 1882; bbl 1989 ii 1194).18 sr 510.1019 amended by annex no 1 of the armed forces act of 3 feb. 1995, in force since 1 jan. 1996 (as 1995 4093; bbl 1993 iv 1).20 third lemma repealed by annex no 1 of the fa of 4 oct. 2002, with effect from 1 jan. 2004 (as 2003 3957; bbl 2002 858).21 inserted by annex no 2 of the fa of 6 oct. 2000 on the general provisions of social security law, in force since 1 jan. 2003 (as 2002 3371; bbl 1991 ii 185 910, 1994 v 921, 1999 4523).22 sr 830.1 23 amended by annex no 1 of the customs act of 18 march 2005, in force since 1 may 2007 (as 2007 1411; bbl 2004 567).24 inserted by art. 26 of the fd of 7 oct. 1983 on the independent complaints authority for radio and television (as 1984 153; bbl 1981 iii 105). repealed by annex no ii 1 of the fa of 24 march 2006 on radio and television, with effect from 1 april 2007 (as 2007 737; bbl 2003 1569).iii. additional provisions art. 4 provisions of federal law that regulate a procedure in more detail apply provided that they are not contradictory to the provisions of this act.b. definitions i. rulings art. 5 1 rulings are decisions of the authorities in individual cases that are based on the public law of the confederation and have as their subject matter the following:a.the establishment, amendment or withdrawal of rights or obligations;a finding of the existence, non-existence or extent of rights or obligations;c.the rejection of applications for the establishment, amendment, withdrawal or finding of rights or obligations, or the dismissal of such applications without entering into the substance of the case.2 rulings are also enforcement measures (art. 41 para. 1 let. a and b), interim orders (art. 45), decisions on objections (art. 30 para. 2 let. b, 46 let. b, and 74 let. b), appeal decisions (art. 61 and 70), decisions in a review (art. 68) and on explanatory statements (art. 69).253 declarations made by authorities on the rejection or raising of claims that must be pursued by taking legal proceedings do not constitute rulings.25 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).ii. parties art. 6 parties are persons whose rights or obligations are intended to be affected by the ruling and other persons, organisations or authorities who have a legal remedy against the ruling.section 2 general procedural principles a. jurisdiction i. assessment art. 7 1 the authority shall assess its jurisdiction ex officio.2 the establishment of jurisdiction by agreement between the authority and the party is not permitted.ii. referral and exchange of views art. 8 1 an authority that regards itself as not having jurisdiction shall refer the matter without delay to the competent authority.2 if an authority regards its jurisdiction as doubtful, it shall immediately enter into an exchange of views with the authority which it considers to have jurisdiction.iii. disputes art. 9 1 an authority that regards itself as having jurisdiction shall confirm this in a ruling if a party contests its jurisdiction.2 an authority that regards itself as not having jurisdiction shall issue a ruling that the matter is inadmissible if a party claims that it has jurisdiction.3 jurisdictional conflicts between authorities, with the exception of jurisdictional conflicts with the federal supreme court, the federal administrative court or with cantonal authorities, shall be decided by the joint supervisory authority, or in the absence of such, the federal council.2626 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).b. recusal art. 10 1 persons who are responsible for preparing or issuing a ruling shall recuse themselves from the case, if they:a.have a personal interest in the matter;b.27are related to a party either by marriage or registered partnership or by being the cohabitee of that party;bbis.28 are related to a party by blood or by marriage in a direct line or collaterally to the third degree;c.are the representative of a party or if they have acted for a party in the same matter;d.could be regarded for other reasons as lacking impartiality in the matter.2 in the event of any dispute over withdrawal, the supervisory authority shall decide, or if the dispute relates to the recusal of a member of a collegial authority, then the board shall decide in the absence of the member concerned.27 amended by annex no 5 of the same-sex partnerships act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).28 inserted by annex no 5 of the same-sex partnerships act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).c. representation and legal assistance. i. in general29 29 amended by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).art. 11 1 at any stage in the procedure, a party may, if he is not required to act personally, be represented, or, provided the urgency of an official investigation does not preclude it, be assisted by legal counsel.302 the authority may require the representative to provide a written power of attorney.3 as long as the party does not revoke the power of attorney, the authority shall address any communications to the representative.30 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).ii. mandatory representation art. 11a31 1 if more than 20 parties appear in a case with joint or individual submissions in order to assert the same interests, the authority may demand that they appoint one or more representatives to act on their behalf in the procedure.2 if this demand is not complied with within a reasonable period, then the authority shall itself appoint one or more representatives.3 the provisions on the reimbursement of the representation costs in appeal proceedings are applicable in an analogous manner to the costs of such representation. the party against whom the submissions are directed must make a payment to account towards the costs of official representation if ordered to do so by the authority.31 inserted by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).iii. address for service art. 11b32 1 parties who make an application in proceedings must indicate their place of residence or registered office to the authority. if they live abroad, they must indicate an address for service in switzerland, unless international law or the competent foreign body permits the authority to serve documents directly in the state concerned.332 the parties may also indicate an electronic mail address and declare that they consent to service by electronic mail. the federal council may provide that for electronic mail service further details of the parties are required.32 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).33 second sentence amended by annex no 1 of the fd of 28 sept. 2018 on the approval and implementation of european convention no 94 on the service abroad of documents relating to administrative matters, in force since 1. april 2019 (as 2019 975; bbl 2017 5947).d. establishing of the facts of the case i. principles art. 12 the authority shall establish the facts of the case ex officio and obtain evidence by means of the following:a.official documents;b.information from the parties;c.information or testimony from third parties;d.inspection;e.expert opinions.ii. cooperation by the parties art. 13 1 the parties are obliged to cooperate in establishing the facts of the case:a.in proceedings that are initiated on their own application;b.in any other proceedings in which they make their own independent applications;c.if they are subject to a more extensive duty to provide information or duty of disclosure under another federal act.1bis the cooperation obligation does not extend to the handover of items and documents used in communications between a party and his or her lawyer provided the lawyer is entitled to represent clients before the swiss courts in accordance with the lawyers act of 23 june 200034.352 the authority shall not be required to consider an application in terms of paragraph 1 letter a or b if the parties refuse to provide the required and reasonable cooperation.34 sr 935.6135 inserted by no i 2 of the fa of 28 sept. 2012 on the amendment of procedural provisions on lawyers' professional secrecy, in force since 1 may 2013 (as 2013 847; bbl 2011 8181).iii. examination of witnesses 1. jurisdiction art. 14 1 if it is not possible to establish the facts of the case sufficiently in any other way, the following authorities may order the examination of witnesses:a.the federal council and its departments;b.the federal office of justice36 of the federal department of justice and police;c.37the federal administrative court;d.38the competition authorities in terms of the cartels act of 6 october 199539;e.40the swiss financial market supervisory authority;f.41the federal audit oversight authority;g.42the federal tax administration,h.43the federal arbitration commission for the exploitation of copyrights and related rights.2 the authorities mentioned in paragraph 1 letters a, b, d-f and h shall instruct a suitably qualified public official to examine the witnesses.443 the authorities mentioned in paragraph 1 letter a may authorise persons outside an authority that has been instructed to conduct an official investigation to examine the witnesses.36 term according to unpublished federal council decree of 19 dec. 1997.37 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).38 inserted by annex no 2 of the cartels act of 6 oct. 1995, in force since 1 july 1996 (as 1996 546; bbl 1995 i 468).39 sr 25140 inserted by annex no 2 of the financial market supervision act of 22 june 2007, in force since 1 jan. 2009 (as 2008 5207; bbl 2006 2829).41 inserted by annex no 1 of the fa of 20 june 2014 (consolidation of oversight through audit companies), in force since 1 jan. 2015 (as 2014 4073; bbl 2013 6857).42 inserted by annex no 1 of the fa of 30 sept. 2016, in force since 1 jan. 2018 (as 2017 3575; bbl 2015 2615).43 inserted by annex no 1 of the fa of 27 sept. 2019, in force since 1 april 2020 (as 2020 1003; bbl 2018 591).44 amended by annex no 1 of the fa of 27 sept. 2019, in force since 1 april 2020 (as 2020 1003; bbl 2018 591).2. duty to testify art. 15 everyone is obliged to testify.3. right to refuse to testify art. 16 1 the right to refuse to testify is governed by article 42 paragraphs 1 and 3 of the federal act of 4 december 194745 on federal civil procedure (fcp).1bis the mediator is entitled to refuse to testify on matters that have come to his attention in the course of his activities in terms of article 33b.462 a person who has knowledge of a professional or trade secret in terms of article 42 paragraph 2 fcp may the refuse to testify unless he is required to testify by another federal act.3 .4745 sr 27346 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).47 repealed by no i 1 of the fa of 23 june 2000 on the amendment of federal legislation in order to guarantee the protection of journalistic sources, with effect from 1 feb. 2001 (as 2001 118; bbl 1999 7966).4. other obligations of witnesses art. 17 any person who may be examined as a witness must also cooperate in the gathering of other evidence; in particular he must hand over any documents that are in his possession. article 51a fcp48 is reserved.4948 sr 27349 second sentence inserted by no i 2 of the fa of 28 sept. 2012 on the amendment of procedural provisions on lawyers' professional secrecy, in force since 1 may (as 2013 847; bbl 2011 8181).5. rights of the parties art. 18 1 the parties have the right to attend the examination of witnesses and to ask supplementary questions.2 to safeguard essential public or private interests, the witnesses may be examined in the absence of the parties, who may also be refused the right to inspect the transcript of the examination.3 if they are refused the right to inspect the transcript of the examination, article 28 applies.iv. supplementary provisions art. 19 articles 37, 39-41 and 43-61 fcp50 also apply by analogy to the procedure for obtaining evidence; in place of the penalties that the fcp provides for defaulting parties or third parties, the penalties in article 60 of this act apply.50 sr 273e. periods i. calculation art. 20 1 if a period is calculated in days and if notice thereof must be given to the parties, it begins to run from the day following that day on which notice is given.2 if no notice need be given to the parties, the period begins on the day following the day on which it is triggered.2bis a notice that may only be served against the signature of the addressee or of another authorised person is deemed to have been served at the latest on the seventh day following the first unsuccessful attempt at service.513 if the last day of the period is a saturday, a sunday or a public holiday recognised under federal or cantonal law, the period ends on the next working day. the law of the canton in which the party or its representative is resident or has its registered office is authoritative.5251 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).52 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).1. in general53 53 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 21 ii. compliance1 written submissions must be filed with the authority or consigned for delivery to swiss post54 or a swiss diplomatic or consular mission at the latest on the last day of the period.1bis written submissions to the federal institute of intellectual property55 may not be validly filed via a swiss diplomatic or consular mission.562 if the party files the submission in time but with an authority that is not competent, the period is deemed to have been complied with.3 the period allowed for an advance payment to be made is complied with if the payment in favour of the authority is made in time to swiss post or if a postal or bank account in switzerland is debited.5754 now: swiss post.55 term according to unpublished federal council decree of 19 dec. 1997. this amendment has been taken into account throughout this act.56 inserted by no ii of the fa of 17. dec. 1976 on the amendment of the fa on patents for inventions, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).57 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).2. electronic mail service art. 21a58 1 submissions may be sent to the authority electronically.2 the submission must be furnished with a qualified electronic signature of the party or its representative in accordance with the federal act of 18 march 201659 on electronic signatures.3 for compliance with a deadline, the decisive time is that when the receipt was issued confirming that all procedural steps required of the party or its representative for transmission have been completed.4 the federal council shall regulate:a.the format of the submission and its accompanying documents;b.the form and method of transmission;c.the requirements by which documents may be re-submitted on paper in the event of technical problems.58 inserted by annex no 10 of the federal administrative court act of 17 june 2005 (as 2006 2197; bbl 2001 4202). amended by annex no ii 1 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).59 sr 943.03iii. extension art. 22 1 a statutory period may not be extended.2 a period fixed by an authority may be extended where there are reasonable grounds provided the party requests the extension before expiry of the period.iiia legal holidays art. 22a60 1 statutory or official periods that are stipulated in days do not run:a.from the seventh day before easter up to and including the seventh day after easter;b.from 15 july up to and including 15 august;c.61from 18 december up to and including 2 january.2 paragraph 1 does not apply in proceedings relating to:a.the granting of suspensive effect and other precautionary measures;b.public procurement.6260 inserted by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).61 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).62 inserted by annex no 10 of the federal administrative court act of 17 june 2005, (as 2006 2197 1069; bbl 2001 4202). amended by annex 7 no ii of the fa of 21 june 2019 on public procurement, in force since 1 jan. 2021 (as 2020 641; bbl 2017 1851).iv. consequences of non-compliance art. 23 the authority that fixes a period shall at the same time indicate the consequences of the failure to comply with that period; in the event of non-compliance, only the consequences indicated shall apply.v. reinstatement art. 24 1 if the applicant or his representative is prevented through no fault of his own from acting before the expiry of the period, the period shall be reinstated provided he requests the same stating the reasons therefor within 30 days of the discontinuation of the impediment and carries out the legal act required; article 32 paragraph 2 is reserved.632 paragraph 1 does not apply to periods that must be complied with in patent cases before the federal institute of intellectual property.6463 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).64 inserted by no ii of the fa of 17 dec. 1976 on the amendment of the fa on patents for inventions, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).f. declaratory procedure art. 25 1 the authority competent in the matter may, ex officio or on application, issue a declaratory ruling on the existence, the non-existence or the extent of public law rights or obligations.2 the application for a declaratory ruling must be granted if the applicant demonstrates an interest that is worthy of protection.3 no party may be prejudiced by acting in justified reliance on a declaratory ruling.fbis. ruling on real acts art. 25a65 1 any person who has an interest that is worthy of protection may request from the authority that is responsible for acts that are based on federal public law and which affect rights or obligations that it:a.refrains from, discontinues or revokes unlawful acts;b.rectifies the consequences of unlawful acts;c.confirms the illegality of such acts.2 the authority shall decide by way of a ruling.65 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).g. inspection of files i. principles art. 26 1 the party or his representative has the right to inspect the following files relating to his case at the offices of the authority issuing the ruling or of a cantonal authority that it designates:a.submissions from parties and the comments made thereon by the authorities;b.any documents serving as evidence;c.copies of rulings already issued.1bis the authority may make the documents available for inspection electronically provided the party or his representative is in agreement.662 the authority issuing the ruling may charge a fee for the inspection of the files of a case that has been concluded; the federal council shall regulate the assessment of the fee.66 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).ii. exceptions art. 27 1 the authority may refuse to allow the inspection of the files only if:a.essential public interests of the confederation or the cantons, and in particular the internal or external security of the confederation, require that secrecy be preserved;b.essential private interests, and in particular those of respondents, require that secrecy be preserved;c.the interests of an official investigation that has not yet been concluded so requires.2 any refusal to allow inspection may only extend to the documents that must remain confidential.3 at no time may a party be refused the right to inspect his own submissions, the official documents he has submitted in evidence or rulings issued to him; he may be refused the right to inspect the transcripts of his own statements only if the investigation has not yet been concludediii. relevance of secret documents art. 28 if a party is refused the right to inspect a document, this document may be relied on to the prejudice of that party only if the party has been notified by the authority either verbally or in writing of the content of the document that is relevant to the case and the party has been given the opportunity to state his position on the document and to provide counter evidence.h. right to be heard i. principle art. 29 the parties shall have the right to be heard.ii. preliminary hearing 1. general67 67 amended by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).art. 30 1 the authority shall hear the parties before issuing a ruling.2 it is not required to hear the parties before issuing:a.interim orders that cannot be contested separately by appeal;b.rulings that are contestable by objection;c.rulings in which the authority grants the application of the parties in full;d.enforcement measures;e.other rulings in proceedings of first instance if there is a risk in any delay, the parties have the right to appeal against the ruling and no other provision of federal law guarantees the right to preliminary hearing.2. special opposition procedure art. 30a68 1 if it is probable that a ruling will affect numerous persons or if it is not possible to identify all the parties without incurring unreasonable expense, the authority, before issuing its ruling, may publish the application or the intended ruling without stating the grounds in an official gazette while at the same time making the application or the intended ruling with the grounds therefor available for public inspection, giving notice of where it may be inspected.2 it shall hear the parties, by allowing them an appropriate period to file their opposition.3 the authority shall give notice in its publication of the obligation of the parties to appoint an agent where necessary and to pay procedural costs and legal costs.68 inserted by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).iii. hearing for the respondent art. 31 in a case where several parties have conflicting interests, the authority shall hear each party on the arguments of a respondent that appear to be relevant and that do not exclusively favour the other parties.iv. examination of the arguments of the parties art. 32 1 the authority shall assess before it issues a ruling all arguments of the parties that are relevant and filed in time.2 arguments filed late by the parties that appear to be crucial may be considered despite the delay.v. evidence art. 33 1 the authority shall admit the evidence offered if it appears reliable for determining the facts of the case.2 if taking the evidence entails comparatively high costs, and if the party will be liable for costs if the ruling is not in his favour, the authority may make the taking of evidence dependent on the party making an advance payment, within a specific period, of the costs that may reasonably be incurred; a party without financial means shall be exempted from the obligation to make advance payment.hbis. language of the proceedings art. 33a69 1 the proceedings shall be conducted in one of the four official languages, and normally in the language in which the parties have filed or would file their applications.2 in appeal proceedings, the language of the contested decision is decisive. if the parties use a different official language, the proceedings may be conducted in this language.3 if a party files official documents that are not in an official language, the authority may with the consent of the other parties waive the requirement of a translation.4 if necessary, the authority shall order a translation to be obtained.69 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202). hter. amicable agreement and mediation art. 33b70 1 the authority may suspend the proceedings with the consent of the parties in order that the parties may agree on the content of the ruling. the agreement should state that the parties waive their right of appeal and how the parties intend to allocate the costs.2 in order to encourage an agreement, the authority may appoint a neutral and suitably qualified natural person to be a mediator.3 the mediator shall be bound only by the law and his mandate from the authority. he may take evidence; for inspections, reports from experts and the examination of witnesses, he shall require prior authorisation from the authority.4 the authority shall make the agreement the content of its ruling, unless the agreement is defective in terms of article 49.5 if an agreement is reached, the authority shall not charge any procedural fees. if no agreement is reached, the authority may dispense with imposing the costs of mediation on the parties, provided the interests involved justify this.6 a party may at any time request that the suspension of the proceedings be revoked.70 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).j. notification i. requirement of writing 1. principle art. 34 1 the authority shall notify the parties of its rulings in writing.1bis with the consent of the party, notification of a ruling may be given by electronic means. the ruling must carry an electronic signature in accordance with the federal act of 18 march 201671 on electronic signatures. the federal council shall regulate:a.the form of signature to be used;b.the format of the ruling and its accompanying documents;c.the form and method of transmission;d.the time at which notification is deemed to have been given.722 the authority may verbally notify the parties present of interim orders, but it must confirm the ruling to them in writing if any party requests this at the time; the period allowed for applying for legal remedies in this case begins from the time of written confirmation.7371 sr 943.0372 inserted by annex no 10 of the administrative court act of 17 june 2005, (as 2006 2197; bbl 2001 4202). amended by annex no ii 1 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).73 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).2. statement of grounds and instructions on legal remedies art. 35 1 written rulings must, even if the authority issues them in the form of a letter, be designated as such, must state the grounds on which they are based and contain instructions on legal remedies.2 the instructions on legal remedies must indicate the ordinary remedies, the competent authority and the period for applying for legal remedies.3 the authority may dispense with stating the grounds for the ruling and providing instructions on legal remedies if it grants the applications of the parties in full and no party requests that the grounds be stated.ii. official publication art. 36 the authority may notify its rulings by publication in an official gazette:74a.to any party whose place of residence is unknown and who has no contactable representative;b.75to any party who resides abroad and has no contactable representative provided service at their place of residence is impossible or if the party, in contravention of article 11b paragraph 1, has failed to indicate a domicile for service in switzerland;c.76in any case with numerous parties;d.77in any case which the identification of all the parties would entail unreasonable expense.74 amended by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).75 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).76 amended by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).77 inserted by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).iii. . art. 3778 78 repealed by annex no 10 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).iv. defective notification art. 38 no party may be prejudiced by a defect in the notification procedure.k. enforcement i. requirements art. 39 the authority may enforce its rulings provided:a.the ruling may no longer be contested through legal remedies;b.the ruling may still be contested, but the permitted legal remedy does not have a suspensive effect;c.the suspensive effect of the legal remedy has been revoked.ii. enforcement measures 1. debt collection procedures art. 4079 rulings on the payment of money or the provision of security must be enforced by means of debt collection proceedings in accordance with the federal act of 11 april 188980 on debt collection and bankruptcy.79 amended by annex no 1 of the fa of 16. dec. 1994, in force since 1 jan. 1997 (as 1995 1227; bbl 1991 iii 1).80 sr 281.12. other enforcement measures art. 41 1 in order to enforce other rulings, the authority shall take the following measures:a.substitute performance by the authority issuing the ruling itself or by a third party instructed at the expense of the party liable; the costs must be determined by special ruling;b.direct enforcement against the party liable in person or against his property;c.prosecution in the event that another federal act provides for a penalty;d.prosecution for contempt under article 292 of the criminal code81 if no other criminal law provision applies.2 before the authority takes any enforcement measure, it shall give notice thereof to the party liable and allow him a suitable period in which to comply, indicating the statutory penalties in the cases referred to in paragraph 1 letters c and d.3 in the cases referred to in paragraph 1 letters a and b, it may dispense with giving notice of the enforcement measure and allowing a period for compliance if there is a risk in any delay.81 sr 311.03. proportionality art. 42 the authority must not use a more rigorous enforcement measure than the circumstances require.iii. mutual assistance art. 43 the cantons shall provide the federal authorities with mutual assistance in enforcing rulings.section 3 appeal procedure in general a. principle82 82 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 44 any ruling shall be subject to an appeal.b. appeal against interim orders i. interim orders on jurisdiction and recusal art. 4583 1 an appeal is permitted against separately notified interim orders on jurisdiction and on requests for recusal.2 these rulings may not be contested at a later date.83 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).ii. other interim orders art. 4684 1 an appeal is permitted against other separately notified interim orders:a.if they may cause a non-redressable prejudice; orb.if granting the appeal would immediately bring about a final decision and thus would obviate significant expenditure in time or money in prolonged evidentiary proceedings.2 if an appeal under paragraph 1 is not permitted or if such right of appeal has not been exercised, the interim orders concerned shall be contestable by appeal against the final ruling, provided they have an effect on the content of the final ruling.84 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).bbis. denial of justice and unjustified delay art. 46a85 an appeal may be filed against the unlawful refusal of or delay in issuing a contestable ruling.85 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).c. appellate authorities art. 47 1 the appellate authorities are:a.the federal council under articles 72 ff.;b.86the federal administrative court under articles 31-34 of the administrative court act of 17 june 200587;c.88other authorities that are designated as appellate authorities by a federal act;d.89the supervisory authority if an appeal to the federal administrative court is incompetent and federal law does not designate any other appellate authority.2 if an appellate authority not responsible for the final decision has issued an instruction in an individual case that a lower instance should decide or has issued that instance with instructions on the content of that decision, the ruling must be referred directly to the next highest appellate authority; attention must be drawn to the foregoing in the instructions on legal remedies.903 .914 instructions that an appellate authority issues if it decides in the case and refers the same back to the lower instance are not regarded as instructions within the meaning of paragraph 2.86 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).87 sr 173.3288 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).89 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).90 amended by art. 67 of the administration organisation act of 19 sept. 1978, in force since 1 june 1979 (as 1979 114; bbl 1975 i 1453).91 repealed by annex no 10 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 47a92 92 inserted by annex no 1 of the government and administration organisation act of 21 march 1997 (as 1997 2022; bbl 1996 v 1). repealed by annex no 10 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).d. locus standi art. 4893 1 a right of appeal shall be accorded to anyone who:a.has participated or has been refused the opportunity to participate in proceedings before the lower instance;b.has been specifically affected by the contested ruling; andc.has a interest that is worthy of protection in the revocation or amendment of the ruling.2 persons, organisations and authorities who are granted a right of appeal by another federal act shall also be entitled to appeal.93 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).e. grounds of appeal art. 49 in the appeal, the appellant may contend that:a.there has been a violation of federal law including the exceeding or abuse of discretionary powers;b.there has been an incorrect or incomplete determination of the legally relevant facts of the case;c.the ruling is inadequate; a plea of inadequacy is inadmissible if a cantonal authority has ruled as the appellate authority.f. period for filing an appeal art. 5094 1 the appeal must be filed within 30 days of notification of the ruling.2 an appeal may be filed at any time against the unlawful refusal of or delay in issuing a ruling.94 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).g. appeal petition i. . art. 5195 95 repealed by annex no 10 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).ii. content and form art. 52 1 the appeal petition must contain the application, the grounds of appeal with details of the evidence and the signature of the appellant or his agent; the official copy of the contested ruling and documents cited as evidence must be attached, provided they are in the appellant's possession.2 if the appeal fails to satisfy these requirements, or if the application made by the appellant or the grounds therefor lack the required clarity but the appeal is not clearly inadmissible, the appellate authority shall grant the appellant a short additional period to revise the appeal petition.3 it shall at the same time notify the appellant that if there is not response within the additional period, it shall decide on the basis of the case files or in the absence of an application, grounds or a signature, to declare the appeal inadmissible.iii. supplementary appeal petition art. 53 if the unusual complexity or special difficulty of an appeal case so requires, the appellate authority shall grant an appellant who so requests in his otherwise properly filed appeal a suitable additional period within which to supplement his grounds of appeal; in such cases, article 32 paragraph 2 does not apply.h. other procedural rules prior to the appeal decision i. principle art. 54 the right to deal with the case that is the subject of the ruling being contested on appeal is assigned to the appellate authority when the appeal is filed.ii. precautionary measures 1. suspensive effect art. 55 1 an appeal shall have a suspensive effect.2 if the ruling does not relate to the payment of money, the lower instance may revoke the suspensive effect of any appeal in its ruling; once the appeal has been filed, the appellate authority, its president or the instructing judge has the same power.963 the appellate authority, its president or the instructing judge may reinstate the suspensive effect revoked by the lower instance; an application for the reinstatement of the suspensive effect must be decided immediately.974 if the suspensive effect is revoked arbitrarily or an application for the reinstatement of the suspensive effect is arbitrarily not granted or granted late, the public corporation or autonomous institution on whose behalf the authority has issued the ruling shall be liable for any loss or damage incurred thereby.5 the provisions of other federal acts under which an appeal does not have a suspensive effect are reserved.9896 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).97 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).98 inserted by no 5 of the annex to the insurance supervision act of 23 june 1978, in force since 1 jan. 1979 (as 1978 1836; bbl 1976 ii 873).2. other measures art. 5699 once the appeal has been filed, the appellate authority, its president or the instructing judge may take other precautionary measures ex officio or in response to an application by a party, in ruling to preserve the current situation or to temporarily safeguard interests that are at risk.99 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).iii. exchange of written submissions art. 57 1 the appellate authority shall immediately notify the lower instance and any respondents or other parties involved of any appeal that is not fundamentally inadmissible or groundless, allow them a period within which to respond and at the same time request the lower instance to produce its case files.1002 it may invite the parties to exchange written submissions at any stage of the proceedings or arrange an oral debate with them.100 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).iv. new ruling art. 58 1 the lower instance may reconsider its contested ruling at any time prior to making a formal response to the appeal.2 it shall notify the parties immediately of any new ruling and inform the appellate authority of the same.3 the appellate authority shall proceed with the appeal unless it is rendered groundless by the new ruling of the lower instance; article 57 applies if the new ruling is based on facts that are substantially different or creates a legal position that is substantially different.v. recusal art. 59 the appellate authority may not appoint persons to hear the appeal who serve the lower instance or who participated in the drafting of the contested ruling; if the contested ruling is based on an instruction from the appellate authority, article 47 paragraphs 2-4 also apply.vi. procedural penalties art. 60101 1 the appellate authority may issue a reprimand to or impose a disciplinary fine of up to 500 francs on parties or their representatives who offend against the propriety or disrupt the conduct of the proceedings.2 in cases of vexatious or irresponsible litigation, the party and his representative may be issued with disciplinary fine of up to 1000 francs or of up to 3000 francs in the event of reoffending.3 the person presiding over a hearing may have persons who refuse to comply with his instructions removed from the room and may impose a disciplinary fine of up to 500 francs.101 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).j. appeal decision i. content and form art. 61 1 the appellate authority shall itself make the decision in the case or in exceptional cases shall refer the case back to the lower instance and issue binding instructions.2 the appeal decision shall contain a summary of the relevant facts of the case, a statement of the grounds for the decision and the operative part of the decision.3 notification of the decision must be given to the parties and the lower instance.ii. amendment of the contested ruling art. 62 1 the appellate authority may amend the contested ruling in favour of a party.2 it may amend the contested ruling to the prejudice of a party, provided the ruling violates federal law or is based on an incorrect or incomplete determination of the facts of the case; the contested ruling may not be amended to the prejudice of a party on the grounds that it is inadequate, other than in the case of an amendment in favour of a respondent.3 if the appellate authority intends to amend the contested ruling to the prejudice of a party, it shall notify the party of this intention and allow him the opportunity to respond.4 in no event do the grounds for the application bind the appellate authority.iii. procedural costs art. 63 1 in its judgment, the appellate authority shall normally impose the procedural costs, consisting of the authority's own fees, the registrar's fees and cash outlays on the unsuccessful party. if the party is only partly unsuccessful, the procedural costs shall be reduced. in exceptional cases, they may be remitted.2 no procedural costs shall be imposed on lower instances or appellant federal authorities that are unsuccessful; persons other than federal authorities that file an appeal and are unsuccessful shall be required to pay procedural costs provided the dispute relates to the pecuniary interests of public corporations or autonomous institutions.3 procedural costs may only be imposed on a successful party if the costs were incurred through a violation of procedural duties.4 the appellate authority, its president or the instructing judge shall obtain from the appellant an advance payment to cover costs equivalent to the expected level of the costs. the appellant must be allowed a suitable period within which to make payment, subject to the case being dismissed without entering into its substance in the event of non-payment. if there are special reasons, the advance payment to cover costs may be waived in full or in part.1024bis the authority's own fees are governed by the extent and difficulty of the matter in dispute, the form of the proceedings and the financial circumstances of the parties. they shall amount to:a.100-5000 francs in non-pecuniary disputes;b.100-50 000 francs in other disputes.1035 the federal council shall regulate the details of the calculation of the fees.104 article 16 paragraph 1 letter a of the federal administrative court act of 17 june 2005105 and article 73 of the law enforcement authorities act of 19 march 2010106 are reserved.107 102 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).103 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).104 amended by annex no 10 of the administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).105 sr 173.32106 sr 173.71107 second sentence amended by annex no ii 3 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).iv. reimbursement of representation costs art. 64 1 the appellate authority may award the successful party ex officio or on application a payment in respect of all or part of the costs that he has incurred that were reasonable and necessary.2 the award shall be quantified in the decision and imposed on the public corporation or autonomous institute in whose name the lower instance issued its ruling, unless it may be imposed on an unsuccessful respondent.3 it may be imposed on an unsuccessful respondent, depending on his ability to pay, provided the party participated in the proceedings by filing an independent application.4 the public corporation or autonomous institution in whose name the lower instance issued its ruling shall be liable for the payment of an award imposed on an unsuccessful respondent in the event that it is found to be unrecoverable.5 the federal council shall regulate the calculation of the award.108 article 16 paragraph 1 letter a of the administrative court act of 17 june 2005109 and article 73 of the law enforcement authorities act of 19 march 2010110 are reserved.111108 amended by annex no 10 of the administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).109 sr 173.32110 sr 173.71111 second sentence amended by annex no ii 3 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).v. legal aid art. 65 1 after the appeal has been filed, the appellate authority, its president or the instructing judge shall on request relieve a party who does not have the required financial means of the requirement to pay procedural costs, unless his application appears to have no prospect of success.1122 if it is necessary in order to safeguard his rights, the appellate authority, its president or the instructing judge shall appoint a lawyer to represent the party.1133 the liability for the lawyer's costs and fees is determined in accordance with article 64 paragraphs 2-4.4 if the party later acquires sufficient financial means, he shall be required to reimburse the public corporation or autonomous institution that has paid the lawyer's fees and costs.5 the federal council shall regulate the assessment of fees and costs.114 article 16 paragraph 1 letter a of the administrative court act of 17 june 2005115 and article 73 of the law enforcement authorities act of 19 march 2010116 are reserved.117112 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).113 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).114 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).115 sr 173.32116 sr 173.71117 second sentence amended by annex no ii 3 of the law enforcement authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).k. review i. grounds art. 66118 1 the appellate authority shall review their decision ex officio or on the application of a party if the decision has been influenced by a felony or misdemeanour.2 it shall also review its decision on the application of a party if:a.the party introduces relevant new facts or evidence;b.the party demonstrates that the appellate authority overlooked relevant facts that were on record or specific applications;c.the party demonstrates that the appellate authority violated the provisions of articles 10, 59 or 76 on recusal, articles 26-28 on the inspection of files or the articles 29-33 on the right to be heard; ord.the european court of human rights has held in a final judgment that there has been a violation of the european convention on human rights of 4 november 1950119 or of the protocols120 thereto, provided an award of damages is not sufficient to remedy the consequences of the violation and the review is necessary in ruling to redress the violation.3 the grounds referred to in paragraph 2 letters a-c are not regarded as grounds for a review if the party had the opportunity to invoke them in the course of proceedings prior to the appeal decision, or by means of an appeal that he was entitled to bring against the appeal decision.118 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).119 sr 0.101120 sr 0.101.06, 0.101.07, 0.101.09, 0.101.93, 0.101.094ii. application art. 67 1 the application for a review must be filed with the appellate authority within 90 days of becoming aware of the grounds for a review, but at the latest within 10 years of receipt of written notification of the appeal decision.1211bis in the case referred to in article 66 paragraph 2 letter d, the application for a review must be filed within 90 days of the relevant judgment of the european court of human rights under article 44 the european convention on human rights of 4 november 1950122 taking full legal effect.1232 if 10 years have elapsed since notification of the appeal decision, an application for a review is only admissible on the grounds cited in article 66 paragraph 1.3 the content, form, correction and amendment of the application for a review are governed by articles 52 and 53; the statement of grounds must in particular indicate the grounds for the review and confirmation that the application for a review has been filed in time. this must also contain the application in the event that a new appeal decision is made.121 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).122 sr 0.101123 inserted by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).iii. decision art. 68 1 if the appellate authority decides to admit the application for a review and if it regards the same as justified, it shall revoke the appeal decision and make a new decision.2 articles 56, 57 and 59-65 also apply to the consideration of the application for a review.l. explanatory statement art. 69 1 the appellate authority shall at the request of any party explain the appeal decision if there are any inconsistencies or contradictions in the operative part of the decision or between the operative part and the statement of grounds.2 a new period for filing an appeal begins from the date of the explanatory statement.3 typographical or arithmetical errors or administrative omissions that have no influence on the decision or on the essential content of the grounds may be corrected by the appellate authority at any time.m. special forms of appeal i. . art. 70124 124 repealed by annex no 10 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).ii. complaint to a supervisory authority art. 71 1 anyone may at any time report matters to the supervisory authority that require action to be taken ex officio in the public interest against an authority.2 the person making the report does not have the rights of a party.section 4 special authorities125 125 amended by annex no 3 of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1992 288, 1993 877 art. 2 para. 1; bbl 1991 ii 465). a. . art. 71a-71d126 126 inserted by annex no 3 of the fa of 4 oct. 1991 (as 1992 288, 1993 877 art. 2 para. 1; bbl 1991 ii 465). repealed by annex no 10 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).b. federal council i. as appellate authority 1. admissibility of the appeal a. subject matter art. 72127 an appeal to the federal council is admissible against:a.rulings relating to the internal and external security of the country, neutrality, diplomatic protection and the other matters relating to external relations, unless international law confers the right to have the matter judged by a court;b.first instance rulings on the performance-related element of the salaries of federal personnel.127 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).b. lower instances art. 73128 an appeal to the federal council is admissible against rulings:a.issued by the departments and the federal chancellery;b.issued by authorities of final instance of autonomous institutions and of businesses of the confederation;c.issued by cantonal authorities of final instance.128 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).c. subsidiarity art. 74129 an appeal to the federal council is inadmissible against rulings that may be contested by appeal to another federal authority or by objection.129 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).2. appeal briefing procedure130 130 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 75 1 the federal department of justice and police shall conduct the appeal briefing procedure.2 the federal council shall delegate the appeal briefing procedure in appeals against rulings of the federal department of justice and police to another department.3 the briefing department shall submit its proposals to the federal council and shall exercise the powers held by the federal council as appellate authority until the decision is made.3. recusal131 131 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 76132 1 the member of the federal council against whose department the appeal is filed shall not participate in the decision of the federal council.2 his department may participate in the proceedings before the federal council as if it were an appellant and also within the framework of the joint reporting procedure under article 54 of the administration organisation act of 19 september 1978133.3 if the joint reporting procedure leads to new factual or legal submissions being made, the appellant, any respondents or other parties involved must be heard on these submissions.132 amended by annex no 3 of the fa of 4 oct. 1991, in force since 15 feb. 1992 (as 1992 288 337 art. 2 para. 1 let. b; bbl 1991 ii 465).133 [as 1979 114, 1983 170 931 art. 59 no 2, 1985 699, 1987 226 no ii 2 808, 1989 2116, 1990 3 art. 1 1530 no ii 1 1587 art. 1, 1991 362 no i, 1992 2 art. 1 288 annex no 2 510 581 annex no 2, 1993 1770, 1995 978 4093 annex no 2 4362 art. 1 5050 annex no 1, 1996 546 annex no 1 1486 1498 annex no 1. as 1997 2022 art. 63]. see now the government and administration organisation act of 21 march 1997 (sr 172.010).4. supplementary procedural provisions134 134 amended by annex no 10 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 77 articles 45-70 also apply.ii. as sole or first instance135 135 amended by annex no 3 of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1992 288, 1993 877 art. 2 para. 1; bbl 1991 ii 465).art. 78 1 if the federal council issues a ruling as the sole or first instance, the department that is competent in the matter shall provide it with a proposal on the ruling.2 the department shall exercise the powers held by the federal council until the ruling has been issued.3 articles 7-43 also apply.c. federal assembly136 136 amended by annex no 3 of the fa of 4 oct. 1991, in force since 1 jan. 1994 (as 1992 288, 1993 877 art. 2 para. 1; bbl 1991 ii 465).art. 79 1 an appeal to the federal assembly is admissible against appeal decisions and rulings if a federal act so provides.1372 the appeal must be filed with the federal assembly within 30 days of notification of the appeal decision or the ruling.3 the appeal shall have no suspensive effect unless a related provisional ruling has been issued by the federal council.137 amended by no i 1 of the fa of 8. oct. 1999 on procedural amendments to the new federal constitution, in force since 1. march 2000 (as 2000 416; bbl 1999 7922).section 5 final and transitional provisions a. repeal and amendment of legislation art. 80 on commencement of this act, the following are repealed:a.article 23bis of the federal act of 26 march 1914138 on the organisation of the federal administration;b.articles 124-134, 158 and 164 of the federal justice act139;c.contradictory provisions of the federal law; supplementary provisions under article 4 are reserved.138 [bs 1 261. as 1979 114 art. 72 let. a]139 [bs 3 531; as 1948 485 art. 86, 1955 871 art. 118, 1959 902, 1969 767, 1977 237 no ii 3 862 art. 52 no 2 1323 no iii, 1978 688 art. 88 no 3 1450, 1979 42, 1980 31 no iv 1718 art. 52 no 2 1819 art. 12 para. 1, 1982 1676 annex no 13, 1983 1886 art. 36 no 1, 1986 926 art. 59 no 1, 1987 226 no ii 1 1665 no ii, 1988 1776 annex no ii 1, 1989 504 art. 33 let. a, 1990 938 no iii para. 5, 1992 288, 1993 274 art. 75 no 1 1945 annex no 1, 1995 1227 annex no 3 4093 annex no 4, 1996 508 art. 36 750 art. 17 1445 annex no 2 1498 annex no 2, 1997 1155 annex no 6 2465 annex no 5, 1998 2847 annex no 3 3033 annex no 2, 1999 1118 annex no 1 3071 no i 2, 2000 273 annex no 6 416 no i 2 505 no i 1 2355 annex no 1 2719, 2001 114 no i 4 894 art. 40 no 3 1029 art. 11 para. 2, 2002 863 art. 35 1904 art. 36 no 1 2767 no ii 3988 annex no 1, 2003 2133 annex no 7 3543 annex no ii 4 let. a 4557 annex no ii 1, 2004 1985 annex no ii 1 4719 annex no ii 1, 2005 5685 annex no 7. as 2006 1205 art. 131 para. 1]b. transitional provision art. 81 this act does not apply to disputes before authorities of administrative justice at the time of its commencement and to appeals or objections against rulings issued before its commencement; in such cases, the previous provisions on procedure and provisions apply.c. commencement art. 82 the federal council shall determine the date on which this act comes into force.commencement date: 1 october 1969140140 fcd of 10 sept. 1969.final provision of the amendment of 18 march 1994141 141 as 1994 1634 no i 8.2; bbl 1993 iv 293the new law applies to all appeals that are filed with an appellate authority following the commencement of the amendment of 18 march 1994.final provision to the amendment of 17 june 2005142 142 as 2006 2197 annex no 10; bbl 2001 4202.the federal council may for ten years following the commencement of the amendment of 17 june 2005 limit the possibility of filing submissions electronically with authorities to proceedings before specific authorities.

172.327.11 english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.ordinance of the eth board on the organisation of the conciliation commission under the gender equality act for the eth domain(concom-eth-o)of 12 december 2019 (status as of 1 march 2020)the eth board, based on to article 1 paragraph 2 of the ordinance of 10 december 20041 on the conciliation commission under the gender equality act, ordains:1 sr 172.327.1art. 1 scope of application this ordinance governs the organisation of the conciliation commission under the gender equality act of 24 march 19952 for: a.the personnel of the eth domain in accordance with article 1 of the eth board ordinance on personnel of the federal institutes of technology (ordinance on the personnel of the eth domain, perso-fit) of 15 march 20013; and b.the professors of both federal institutes of technology in accordance with article 1 paragraph 1 of the ordinance of the eth board on professors at the federal institutes of technology (eth professorial ordinance) of 18 september 20034. 2 sr 151.13 sr 172.220.1134 sr 172.220.113.40art. 2 independence 1 the conciliation commission is not bound by instructions.2 it is administratively affiliated to the eth board, to which it submits an annual report. 3 the staff office of the eth board keeps the accounts.art. 3 composition 1 the conciliation commission consists of the president, four other members and four substitute members.2 the members and substitute members represent the institutions of the eth domain, with half representing the employer's side and half representing the personnel, including the professors. 3 equal numbers of women and men are members and substitute members of the conciliation commission.4 the language communities must be appropriately represented.art. 4 eligibility 1 the members of the conciliation commission must be familiar with issues relating to gender equality and be knowledgeable in the area of human resources, employment law and the federal personnel act (especially the gender equality act), or occupational science. 2 the president must also have legal training, and preferably have experience in mediation. art. 5 appointment 1 the president and the two members and two substitute members representing the employer's side are appointed by the eth board. the two federal institutes of technology and the research institutes may make recommendations to the eth board regarding the appointments.2 the eth board rat may appoint a deputy in case the president is unable to act or is required to recuse him- or herself.3 the two members and two substitute members representing the personnel are appointed by the recognised staff organisations of the eth domain, i.e. the organisations which are required by their statutes to safeguard the interests of the personnel.4 the staff office of the eth board coordinates the preparations for the nomination process. it ensures that dual parity is observed as set out in article 3 paragraphs 2 and 3, and that the language communities are appropriately represented.5 the term of office of the president, members and substitute members of the conciliation commission is four years. it is aligned with the legislative periods of the national council. it begins on 1 january and ends on 31 december.6 the tenure of the president, members and substitute members of the conciliation commission is limited to a total of twelve years; it terminates at the end of the respective calendar year.art. 6 compensation 1 the members and substitute members are entitled to a daily allowance of chf 300 for their work on the commission. members and substitute members who are employed in the eth domain do not receive a daily allowance.2 the daily allowance received by the president is 25 per cent higher. in exceptional cases, and where justified, the eth board may pay the president a maximum of double the daily allowance.3 if, in addition to meetings and inspections, an exceptional amount of time is spent by the president or a member on studying documents, writing reports or preparing speeches, the authority responsible may pay him or her a maximum of sixteen additional daily allowances per year.4 more than one daily allowance may not be paid for one and the same day, even if several different or separately invoiced tasks have been undertaken.5 the amounts are not subject to the cost-of-living increase.6 oasi/iv/lec and alv contributions are payable on daily allowances. 7 the reimbursement of expenses for the president, members and substitute members of the conciliation commission is governed by the relevant provisions applicable to the personnel of the eth domain.art. 7 secretarial support 1 the president manages the secretarial support on the basis of mandates. she or he may appoint a secretary to perform administrative tasks and take minutes. 2 compensation for the secretarial work reflects the amount of work undertaken. it is governed by an agreement between the eth board and the president. 3 if the president or secretary is employed in the eth domain, no additional payment is made for managing the secretarial support or performing the secretarial work.art. 8 procedure the provisions of the ordinance of 10 december 2004 on the conciliation commission under the gender equality act apply by analogy to the conciliation procedure. art. 9 transitional provision the first term of office of the members of the conciliation commission ends on 31 december 2023.art. 10 commencement this ordinance comes into force on 1 march 2020.

172.056.11 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon public procurement(ppo)of 12 february 2020 (status as of 1 january 2021)the swiss federal council,based on articles 6 paragraph 3, 7 paragraph 1, 12 paragraph 3, 22 paragraph 2, 24 paragraph 6, 45 paragraph 3, 48 paragraph 5 and 60 paragraphs 1 and 2 of the federal act of 21 june 20191 on public procurement (ppa), ordains:1 sr 172.056.1section 1 scope of application art. 1 reciprocal rights (art. 6 paras. 2 and 3 as well as 52 para. 2 of the ppa)1 the state secretariat for economic affairs (seco) shall keep a list of the countries that have undertaken to grant market access to switzerland.2 it shall be published on the internet platform for public procurement2 operated by the confederation and the cantons.3 seco shall answer questions on the commitments entered into.2 www.simap.chart. 2 exemption from the ppa (art. 7 of the ppa)1 the sectoral markets listed in annex 1 are exempt from the ppa. 2 proposals for the exemption of other sectoral markets must be submitted to the federal department of the environment, transport, energy and communications (detec). 3 if detec considers the conditions for exemption to be fulfilled, it shall submit a proposal for an amendment to annex 1 to the federal council.section 2 general principles art. 3 measures to counter conflicts of interest and corruption (art. 11 let. b of the ppa)1 the employees of a contracting authority, as well as third parties commissioned by the contracting authority who are involved in an award procedure, shall be obliged to:a.disclose any secondary employment and contractual relationships as well as vested interests that could lead to a conflict of interest in the award procedure;b.sign a declaration of impartiality. 2 the contracting authority shall regularly instruct its employees who participate in award procedures on how to effectively prevent conflicts of interest and corruption. art. 4 participation conditions and eligibility criteria (art. 12, 26 and 27 of the ppa)1 the contracting authority may entrust the performance of checks relating to equal pay to the federal office for gender equality (foge) in particular. the foge shall specify the details of its checks in a directive. the contracting authority may forward the self-declarations of the tenderers concerning compliance with equal pay rules to the foge.2 in terms of important international labour standards and in addition to the core conventions of the international labour organization (ilo) in accordance with annex 6 of the ppa, the contracting authority can require compliance with principles from other ilo conventions, provided switzerland has ratified them.3 in the case of goods, work and services that are provided abroad, the conventions in accordance with annex 2 shall apply in addition to the environmental law applicable at the place of performance.4 in order to verify that tenderers fulfil the participation conditions and the eligibility criteria, the contracting authority may, in view of the contract in question, require some of the documents and evidence given by way of example in annex 3.section 3 award procedure art. 5 invitation procedure (art. 20 of the ppa)the contracting authority shall invite at least one tenderer belonging to another language region of switzerland, if this is possible and reasonable.art. 6 dialogue (art. 24 of the ppa)1 the contracting authority shall, if possible, select at least three tenderers which it invites to participate in the dialogue. 2 the process of the dialogue, including duration, deadlines, compensation and use of intellectual property rights, shall be set out in a dialogue agreement. acceptance of the dialogue agreement is a prerequisite for participation in the dialogue.3 both during a dialogue and following the award of the contract, no information on solutions and procedures of the individual tenderers may be disclosed without the written consent of the tenderer concerned. art. 7 description of goods, work and services (art. 36 let.b of the ppa)1 the contracting authority shall describe the requirements of the goods or services, in particular their technical specifications in accordance with article 30 of the ppa, in as much detail and as clearly as necessary. 2 instead of a description in accordance with paragraph 1, it may specify the objective of the procurement.art. 8 questions concerning the tender documentation (art. 36 of the ppa)1 the contracting authority may specify in the tender documentation a deadline by which questions may be accepted.2 it shall make all questions concerning the tender documentation anonymous and make the questions and answers available to all tenderers at the same time within a few working days after the deadline for submitting questions.art. 9 compensation for tenderers (art. 24 para. 3 let. c as well as 36 let. h of the ppa)1 tenderers are not entitled to compensation for participation in a procedure.2 if the contracting authority requires advance goods or services that exceed the normal expenditure, it shall state in the tender documentation whether and how it compensates for such advance goods or services.art. 10 documentation duties (art. 37, 38, 39 para. 4 and 40 para. 1 of the ppa)1 the opening and evaluation of tenders shall be documented by the contracting authority in a comprehensible manner.2 the adjustment log shall contain at least the following information: a.place;b.date;c.names of the participants;d.adjusted elements of the tender;e.results of the adjustment.art. 11 conclusion of the contract (art. 42 of the ppa)1 the contracting authority shall conclude the contract in writing.2 it shall apply its general terms and conditions unless the nature of the goods or services requires special contractual terms and conditions.art. 12 debriefing (art. 51 of the ppa)1 the contracting authority shall conduct a debriefing with an unsuccessful tenderer at its request. 2 in the debriefing, the principal reasons, in particular, for not selecting the tender shall be given. confidentiality in accordance with article 51 paragraph 4 of the ppa must be ensured.section 4 competition and study contract procedures (art. 22 of the ppa)art. 13 type of goods, work and services competition and study contract procedures may be used to procure all goods, work and services within the meaning of article 8 paragraph 2 of the ppa.art. 14 scope of application 1 competition and study contract procedures may be used by the contracting authority to develop various solutions, in particular with regard to conceptual, design, environmental, economic, functional or technical aspects.2 competition procedures shall be used for tasks that can be sufficiently and conclusively defined in advance.3 study contract procedures are suitable for tasks which, due to their complexity, can only be specified and completed during the course of the procedure.art. 15 types of procedure 1 competitions and study contracts shall be put out to tender in an open or selective procedure, provided the value of the contract reaches the relevant threshold laid down in annex 4 of the ppa.2 if these thresholds are not reached, the competition or study contract may be awarded in an invitation procedure.3 the number of participants may be reduced in the course of the procedure, provided this eventuality was indicated in the invitation to tender.art. 16 independent panel of experts 1 the independent panel of experts shall be composed of:a.specialists in at least one field relevant to the goods or services tendered for;b.other persons freely designated by the contracting authority.2 the majority of the members of the panel must be specialists.3 at least half of the specialists must be independent from the contracting authority.4 the panel may call in experts at any time to give their opinion on specialist issues.5 in particular, it shall make a recommendation to the contracting authority for the award of a subsequent contract or for the next steps to be taken. in the competition procedure, it shall also decide on the ranking of the formally correct competition entries and on the awarding of prizes.6 it may also rank, or recommend for further processing, entries that deviate in key areas from the requirements of the invitation to tender (purchase), provided:a.this possibility has been expressly set out in the invitation to tender; andb.it decides so in the quorum set out in the invitation to tender.art. 17 special provisions on the competition procedure 1 in the competition procedure, competition entries must be submitted anonymously. participants who violate the anonymity requirement will be excluded from the competition.2 the members of the independent panel of experts shall be disclosed in the tender documents.3 the contracting authority may revoke anonymity prematurely if this is stipulated in the invitation to tender.art. 18 claims arising from the competition or study contract 1 the contracting authority shall, in particular, set out the following in the invitation to tender:a.whether the winner will receive a subsequent contract;b.what the participants are entitled to (in particular prizes, compensation, any purchases).2 in addition, the invitation to tender must specify what additional claims to compensation the creators of entries have, in cases where:a. a subsequent contract has been announced; andb.one of the following conditions is met:1.the contracting authority awards the contract to a third party, even though the independent panel of experts recommended that it be awarded to the creator of the entry.2.the contracting authority continues to use the entry with the contractor's consent, without awarding the contractor a subsequent contract.art. 19 directives the federal department of finance (fdf) shall issue further and supplementary sector-specific directives on the competition and study contract procedures for contracting authorities; it shall issue the directives on request from:a.the federal procurement conference (fpc) in accordance with article 24 of the ordinance of 24 october 20123 on the organisation of federal public procurement; orb.the coordination conference for public sector construction and property services (kbob) in accordance with article 27 of the ordinance of 5 december 20084 on federal real estate management and logistics.3 sr 172.056.154 sr 172.010.21section 5 languages art. 20 language of publications (art. 48 paras. 4 and 5 of the ppa)1 in derogation from article 48 paragraph 5 letters a and b of the ppa, a publication may exceptionally be produced in one official language of the confederation and in another language, if it: a.relates to goods or services that are to be provided abroad; orb.involves highly specialised technical goods or services.2 if none of the languages specified in paragraph 1 corresponds to an official language of the world trade organisation (wto), the contracting authority shall in addition publish a summary of the invitation to tender in an official language of the wto in accordance with article 48 paragraph 4 of the ppa.art. 21 language of the tender documentation (art. 47 para. 3 and 48 para. 5 of the ppa)1 for supplies of goods and services, the tender documentation shall, as a general rule, be written in the two official languages of the confederation in which the invitation to tender was published. 2 the contracting authority may publish the tender documentation in only one official language of the confederation if, on the basis of reactions to an advance notice or other indications, it is to be expected that there is no need to publish the tender documentation in two official languages. 3 in addition, the tender documentation may be written in only one official language of the confederation or, in cases specified in article 20, in another language if:a.a translation would result in considerable additional costs; considerable additional costs are deemed to exist when the cost of translation would exceed 5% of the contract value or chf 50,000; orb.the goods or services are not to be provided in different language regions of switzerland and do not have an impact on different language regions of switzerland. 4 for construction work and associated supplies of goods and services, the tender documentation must be written in at least the official language at the site of the construction work in switzerland.art. 22 language of submissions 1 the contracting authority shall accept tenders, requests to participate, applications for inclusion on a list and questions in german, french and italian. 2 for the cases specified in article 20, the contracting authority may specify the language or languages of the submissions.art. 23 language of the procedure (art. 35 let. m of the ppa)1 the contracting authority shall designate german, french or italian as the language of the procedure. for the cases specified in article 20, it may choose another language; in these cases, its decisions must still be communicated in an official language of the confederation.2 in selecting the language of the procedure, it shall consider as far as possible the language region from which the most tenders can be expected for the goods or services to be provided. for construction work and associated supplies of goods and services, it shall be assumed that most tenders will be received in the official language at the site of the construction. 3 unless otherwise agreed, the contracting authority shall communicate with the tenderers in the language of the procedure. it shall answer questions on the tender documentation in the language of the procedure or in the official language of the confederation in which they were submitted. section 6 further provisions art. 24 price checking 1 in the absence of competition, the contracting authority may agree with the tenderer on a right to inspect the calculation if the value of the contract is worth chf 1 million or more. 2 the price may be checked by the competent internal audit unit or by the swiss federal audit office (sfao) at the premises of the tenderer and subcontractors. in the case of foreign tenderers or foreign subcontractors, the competent internal audit unit or the sfao may request the competent foreign office to carry out the check if adequate protection in accordance with the federal act of 19 june 19925 on data protection is guaranteed. 3 tenderers and their subcontractors who provide essential goods or services are obliged to provide the competent auditing entity with all necessary documentation and information free of charge.4 the basis for a price check is, in particular, the financial and cost accounting of the tenderer or subcontractor, as well as the preliminary or post calculation of the contract price based on this. the calculation shows the total production costs according to the industry's standard cost breakdown, as well as the risk premia and profit.5 if the check reveals that the price is too high, the contracting authority shall order the difference to be refunded or a price reduction applied in the future, unless the contract provides otherwise. an increase in price as a result of the check is excluded. 5 sr 235.1art. 25 exclusion and sanctions (art. 44 and 45 of the ppa)1 the fpc shall maintain the list of tenderers and subcontractors excluded from future contracts in accordance with article 45 paragraph 3 of the ppa. 2 each notified exclusion (ban) is recorded on the list with the following information: a.date of notification;b.notifying contracting authority; c.name (company) and address of the tenderer or subcontractor; d.reason for the ban; e.length of the ban. 3 this information shall be provided on request by: a.a contracting authority or its subordinate awarding office; b.the tenderer or subcontractor concerned.4 tenderers and subcontractors who appear on the list described in paragraph 1, or on a sanctions list of a multilateral financial institution, may be excluded from an award procedure in accordance with article 44 of the ppa, or the contract awarded to them may be revoked. 5 the fpc shall disclose the information on the list to the intercantonal public procurement body (inb), provided the principle of purpose is respected.6 the fdf shall regulate the technical and organisational requirements for accessing the list and the procedure for correcting incorrect entries in an ordinance.art. 26 access rights of the competition commission (art. 37 para. 2 and 49 of the ppa)the competition commission or its secretariat shall, on request, have access to the minutes of the tender opening.art. 27 publication of procurements exceeding chf 50,000 1 the contracting authorities shall provide information electronically at least once a year on their public contracts which exceed chf 50,000 and are subject to the ppa. 2 the following in particular must be published: a.name and address of the tenderer selected;b.subject of the contract;c.contract value; d.type of procedure used;e.date of start of the contract or period of performance of the contract.art. 28 statistics on procurements in the scope of international treaties (art. 50 of the ppa)1 seco shall calculate the total value of public contracts in accordance with article 50 of the ppa.2 it shall prepare and communicate the statistics in accordance with article xvi paragraph 4 of the protocol of 30 march 20126 amending the agreement on government procurement.6 as 2020 6943art. 29 costs and remuneration of the public procurement commission for the confederation and the cantons (kbbk) (art. 59 of the ppa)1 seco shall bear the secretariat costs of the public procurement commission for the confederation and the cantons (kbbk).2 it shall bear the costs of the external experts of the kbbk, provided the cantons contribute an appropriate proportion of the costs.3 the departments shall bear the investigation costs incurred by the contracting authorities that are organisationally assigned to them.4 the federal representatives in the kbbk have no right to remuneration.section 7 final provisions art. 30 implementation and supervision 1 the fdf shall implement this ordinance.2 the internal supervisory bodies of the contracting authorities shall supervise compliance with this ordinance.art. 31 repeal and amendment of other legislative instruments1 the following legislative instruments are repealed:1.ordinance of 11 december 19957 on public procurement;2.detec ordinance of 18 july 20028 on exemption from public procurement law.2 .97 [as 1996 518, 1997 2779 annex no ii 5, 2002 886 1759, 2006 1667 5613 art. 30 para. 2 no 1, 2009 6149 no i and ii, 2010 3175 annex 3 no 2, 2015 775, 2017 5161 annex 2 no ii 3]8 [as 2002 2663, 2006 4777 , 2007 4519]9 the amendment may be consulted under as 2020 691.art. 32 commencement this ordinance comes into force on 1 january 2021.annex 1 (art. 2 para. 1)sectoral markets under article 4 paragraph 2 of the ppa which are exempt from the ppa in accordance with article 7 of the ppa 1. telecommunications on swiss territory:1.1 fixed network communications sub-sector1.2 mobile communications sub-sector1.3 internet access sub-sector1.4 data communications sub-sector2. rail transport on swiss territory:2.1 freight transport on standard gauge sub-sectorannex 2 (art. 4 para. 3)relevant conventions for the protection of the environment and conservation of natural resources 1. vienna convention of 22 march 198510 for the protection of the ozone layer and the montreal protocol of 16 september 198711 on substances that deplete the ozone layer concluded within the framework of this convention2. basel convention of 22 march 198912 on the control of transboundary movements of hazardous wastes and their disposal3. stockholm convention of 22 may 200113 on persistent organic pollutants4. rotterdam convention of 10 september 199814 on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade5. convention of 5 june 199215 on biological diversity6. united nations framework convention of 9 may 199216 on climate change7. convention of 3 march 197317 on international trade in endangered species of wild fauna and flora8. convention of 13 november 197918 on long-range transboundary air pollution and the eight protocols ratified by switzerland within the framework of this convention10 sr 0.814.0211 sr 0.814.02112 sr 0.814.0513 sr 0.814.0314 sr 0.916.2115 sr 0.451.4316 sr 0.814.0117 sr 0.45318 sr 0.814.32annex 3 (art. 4 para. 4)evidence of fulfilment of the participation conditions and the eligibility criteria the contracting authority may, in particular, request documents set out in the following list as evidence that the participation conditions and the eligibility criteria are fulfilled:1.declaration or evidence of compliance with:a.the provisions on workplace health and safety and employment conditions,b.rules on equal pay for men and women,c.environmental law,d.the rules of conduct to prevent corruption;2.evidence of payment of social security contributions and taxes;3.extract from the commercial register;4.extract from the debt collection register;5.balance sheets or balance sheet extracts of the tenderer for the last three financial years prior to the invitation to tender;6.declaration of the tenderer's total turnover in the three years preceding the invitation to tender;7.latest independent auditor's report in the case of legal entities;8.bank guarantee;9.confirmation from a bank that the tenderer will be granted the necessary credit if the contract is awarded;10.confirmation of the existence of a recognised quality management system;11.list of the main goods and/or services provided over the past five years prior to the invitation to tender;12.references that enable the contracting authority to ascertain whether the tenderer has previously provided its goods and/or services correctly and, in particular, to obtain the following information: value of the goods or service; time and place of performance; statement by the contracting authority at the time as to whether the goods or services complied with the accepted rules concerning technology and whether the tenderer provided them correctly;13.in the case of planning competitions, project-specific evidence, in particular with regard to the training, efficiency and practices of the tenderer;14.declaration of the number and function of persons employed by the tenderer in the three years prior to the invitation to tender;15.declaration of the workforce and equipment available with regard to the performance of the contract to be awarded;16.evidence of studies and certificates of professional competence for the tenderer's employees and its managers, in particular for the persons responsible for performance of the contract to be awarded;17.extract from the register of convictions for managers and persons responsible for the performance of the contract to be awarded.

192.121 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance to the federal act on the privileges, immunities andfacilities and the financial subsidiesgranted by switzerland as a host state (host state ordinance, hso)of 7 december 2007 (status as of 1 january 2019). (stand am 1. januar 2012)the swiss federal council,on the basis of article 33 of the host state act of 22 june 20071 (hsa),decrees:1 sr 192.12chapter 1 subject matter and definitions art. 1 subject matter 1 this ordinance lays down the implementing rules for the hsa. it determines in particular: a.the scope of the privileges, immunities and facilities which may be granted to the different types of institutional beneficiary concerned;b.the conditions of entry, residence and work on swiss territory for individual beneficiaries;c.the procedure for the acquisition of land and buildings by institutional beneficiaries;d.the rules governing the granting of financial subsidies and other support measures.2 the conditions of entry, residence and work for private household employees are laid down in the ordinance of 6 june 20112 on private household employees.32 sr 192.1263 amended by the annex to the o of 6 june 2011 on private household employees, in force since 1 july 2011 (as 2011 2425).art. 2 meaning of permanent mission or other representation to intergovernmental organisations a permanent mission or other representation to intergovernmental organisations means in particular:a.the permanent missions to the united nations office or to other intergovernmental organisations, including the permanent missions to the world trade organization;b.the permanent representations to the conference on disarmament;c.4the permanent delegations of institutional beneficiaries under article 2 paragraph 1 letters a, b, i and k hsa at intergovernmental organisations;d.observer bureaux.4 amended by no i of the o of 26 june 2013, in force since 15 july 2013 (as 2013 2107).art. 3 meaning of special mission a special mission within the meaning of the convention of 8 december 19695 on special missions includes:a.temporary missions composed of representatives of a state sent to switzerland in accordance with article 2 of the convention of 8 december 1969 on special missions;b.temporary missions composed of representatives of states in connection with meetings between two or more states in accordance with article 18 of the convention of 8 december 1969 on special missions;c.temporary missions composed of representatives of a state and of non-state representatives in connection with the exercise of swiss good offices.5 sr 0.191.2art. 4 meaning of principal individual beneficiary a principal individual beneficiary is an individual beneficiary as referred to in article 2 paragraph 2 letters a and b, hsa.art. 5 meaning of members of local staff members of local staff are persons employed by a state to perform official duties within the meaning of the vienna convention of 18 april 19616 on diplomatic relations, the vienna convention of 24 april 19637 on consular relations, or the convention of 8 december 19698 on special missions, but who do not form part of the transferable staff of the sending state. these persons may be nationals of the sending state or of another state. they generally perform the duties of service staff within the meaning of the aforementioned conventions but may also perform other duties referred to in those conventions.6 sr 0.191.017 sr 0.191.028 sr 0.191.2chapter 2 scope of privileges, immunities and facilities section 1 institutional beneficiaries art. 6 general provisions 1 the following institutional beneficiaries are accorded all, or, in agreement with the institutional beneficiary concerned, only certain of the privileges, immunities and facilities set out in article 3 hsa in accordance with international law and international practice:9a.intergovernmental organisations;b.international institutions;c.diplomatic missions;d.consular posts;e.permanent missions or other representations to intergovernmental organisations;f.special missions;g.international conferences;h.secretariats or other bodies established under an international treaty;i.independent commissions;j.international courts;k.arbitration tribunals.2 diplomatic missions and permanent missions or other representations to intergovernmental organisations are governed in particular by the vienna convention of 18 april 196110 on diplomatic relations.3 consular posts are governed in particular by the vienna convention of 24 april 196311 on consular relations.4 special missions are governed in particular by the convention of 8 december 196912 on special missions.5 privileges, immunities and facilities are granted to independent commissions for the scheduled duration of their activity. the granting of privileges, immunities and facilities may be extended for a limited period if the circumstances so warrant, in particular if the independent commission's mandate is extended or if it requires additional time to draw up and publish its report.9 amended by no i of the o of 15 aug. 2018, in force since 1 jan. 2019 (as 2018 3137).10 sr 0.191.0111 sr 0.191.0212 sr 0.191.2art. 7 quasi-governmental international organisations quasi-governmental international organisations are accorded some or all of the following privileges, immunities and facilities:a.inviolability of archives;b.exemption from direct taxes;c.exemption from indirect taxes;d.freedom to acquire, receive, hold, transfer and convert funds, currencies, cash and other movable assets.art. 8 other international bodies 1 other international bodies may be accorded all of the privileges, immunities and facilities set out in article 3 hsa.2 in determining the scope of the privileges, immunities and facilities to be accorded in each case, the federal council shall take into account in particular the structure of the body concerned and its connections to the intergovernmental organisations, international institutions, or states with which it works, as well as its role in international relations and its international prominence.3 subject to any special provisions contained in a headquarters agreement entered into with the federal council or in any other international treaty to which switzerland is party, other international bodies may be hosted by an intergovernmental organisation or by an international institution only with the consent of the federal department of foreign affairs (fdfa).section 2 individual beneficiaries art. 9 principles 1 the privileges, immunities and facilities accorded to individual beneficiaries are granted in the interest of the institutional beneficiaries concerned and not that of the individuals themselves. their purpose is not to confer any benefit on individuals but to enable the institutional beneficiaries to carry out their work effectively.2 in the case of the individuals referred to in article 2 paragraph 2 letters a and b hsa, the privileges, immunities and facilities are conditional on the fdfa having established that those individuals are genuinely engaged in official duties. in the case of the persons referred to in article 2 paragraph 2, letter c hsa, they are conditional on the authorisation granted them by the fdfa to accompany the principal individual beneficiary.3 all questions relating to a determination as to whether an individual is genuinely engaged in official duties, an authorisation to accompany a principal individual beneficiary, the scope of privileges, immunities and facilities that apply, and all other questions concerning the legal status in switzerland of individual beneficiaries, are resolved in accordance with diplomatic practice between the fdfa and the institutional beneficiary concerned and without the individual beneficiary being involved in any way.art. 10 scope of privileges, immunities and facilities the scope of the privileges, immunities and facilities accorded to individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at any of the institutional beneficiaries referred to in article 6 paragraph 1 is determined on the basis of the category of staff to which they belong in accordance with international law and international practice. individuals shall be assigned to the different categories provided for under international law.art. 11 categories of individual beneficiary 1 in the case of intergovernmental organisations, international institutions, international conferences, secretariats or other bodies established under an international treaty, independent commissions and other international bodies, the categories of individual beneficiary are in particular the following:a.members of senior management;b.high-ranking officials;c.other officials;d.representatives of the organisation's members;e.experts and all other persons acting in an official capacity for these institutional beneficiaries;f.persons entitled to accompany any of the individual beneficiaries referred to in letters a to e.2 in the case of international courts and arbitration tribunals, the categories of individual beneficiary, in addition to the categories specified in paragraph 1 above, are in particular the following:a.judges;b.prosecutors, deputy prosecutors, and prosecution service staff;c.registrars, deputy registrars, and registry staff;d.defence counsel, witnesses and victims;e.arbitrators;f.persons entitled to accompany any of the individual beneficiaries referred to in letters a to e.3 in the case of diplomatic missions, consular posts, permanent missions and other representations to intergovernmental organisations, and special missions, the categories of individual beneficiary are in particular the following:a.members of diplomatic staff;b.members of administrative and technical staff;c.members of service staff;d.consular officers;e.consular employees;f.members of local staff;g.persons entitled to accompany any of the individual beneficiaries referred to in letters a to f.art. 12 individuals who are called to act in an official capacity at a quasi-governmental international organisation 1 individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at a quasi-governmental international organisation and who are not swiss nationals are accorded some or all of the following privileges and immunities for the duration of their service:a.exemption from direct taxes on the salaries, emoluments and allowances paid to them by the quasi-governmental international organisation;b.exemption from taxes on lump sums received on any grounds from a pension scheme or other provident fund, as at the time of such payment; the tax exemption does not however cover income earned on such sums or assets in which they are invested, or pensions and annuities paid to former staff by the quasi-governmental international organisation concerned;c.exemption from swiss entry and residence requirements.2 members of the general assembly, foundation board, executive board or other governing body of a quasi-governmental international organisation may be granted immunity from criminal, civil and administrative proceedings for acts performed in their official capacity as well as inviolability for their documents.art. 13 individuals who are called to act in an official capacity at other international bodies the scope of the privileges, immunities and facilities accorded to individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at other international bodies shall be determined on the basis of the privileges, immunities and facilities that the federal council shall grant to the other international body concerned, pursuant to article 8 above, and on the basis of the category of staff to which they belong.art. 14 eminent persons carrying out an international mandate eminent persons carrying out an international mandate may be accorded all of the privileges, immunities and facilities set out in article 3 hsa. the federal council shall determine the scope of the privileges, immunities and facilities according to the circumstances of each particular case.art. 15 duration of privileges, immunities and facilities granted to individual beneficiaries 1 privileges, immunities and facilities are granted to individual beneficiaries for the duration of their official duties.2 privileges, immunities and facilities accorded to accompanying persons expire at the same time as those accorded to the person they accompany, unless otherwise provided for in this ordinance (chapter 3).3 privileges, immunities and facilities accorded to private household employees come to an end on expiry of the period during which private household employees may seek a new employer in accordance with article 13 of the ordinance of 6 june 201113 on private household employees.144 the fdfa shall determine case by case whether, at the end of the period of service and in accordance with international practice, to accord a limited extension of time (courtesy period) in order to give those concerned time to make arrangements for their departure.13 sr 192.12614 amended by the annex to the o of 6 june 2011 on private household employees, in force since 1 july 2011 (as 2011 2425).chapter 3 entry, residence and employment requirements art. 16 entry requirements 1 when crossing the border to take up his or her duties, an individual beneficiary must be in possession of a recognised identity document and, where applicable, a visa.2 a request must be made to the fdfa by the institutional beneficiary concerned in order for the individual beneficiary to be allowed take up his or her duties.art. 1715 residence requirements 1 the fdfa shall issue legitimation cards to the following persons:a.members of the staff of institutional beneficiaries established in switzerland who are entitled to privileges and immunities and persons entitled to accompany such persons;b.members of the staff of institutional beneficiaries established in switzerland who are not entitled to any immunities, and persons entitled to accompany such persons, provided the institutional privileges include an exemption from the residence requirements under article 3 paragraph 1 letter i hsa and provided the persons are not swiss citizens and that on commencement of their employment they did not hold a valid residence permit, permanent residence permit or cross-border commuter permit.2 it shall determine the additional requirements for issuing the card and various forms of legitimation cards.3 the legitimation card issued by the fdfa serves as a residence permit for switzerland, confirms any privileges and immunities to which the holder is entitled and exempts the beneficiary from the visa obligation for the duration of his or her official duties.4 beneficiaries holding a legitimation card issued by the fdfa who are not swiss citizens are exempted from the obligation to register with their cantonal residents' registry. they may however register voluntarily.15 amended by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).art. 18 employment requirements 1 institutional beneficiaries are entitled, in accordance with international law, to determine the terms of employment of their staff.2 members of diplomatic missions, of consular posts, of permanent missions or other representations to intergovernmental organisations and of special missions who are swiss nationals or are permanently resident in switzerland at the commencement of their function are subject to swiss employment law. any choice-of-law clause providing for the application of the law of a foreign state shall have effect only to the extent permitted under swiss law.3 members of the local staff of diplomatic missions, of consular posts, of permanent missions or other representations to intergovernmental organisations, and of special missions, are subject to swiss employment law irrespective of where they were engaged. a choice-of-law clause providing for the application of the law of a foreign state is possible if permitted under swiss law. if a member of the local staff is a national of the sending state and was engaged in that state, the employment relationship may be made subject to the law of the relevant state.1616 amended by the annex to the o of 6 june 2011 on private household employees, in force since 1 july 2011 (as 2011 2425).art. 19 social security insofar as the institutional beneficiary as employer is not, under international law, subject to obligatory swiss social security legislation and the members of the staff of the institutional beneficiary are not subject to that legislation, the institutional beneficiary shall determine the social protection arrangements for its staff in accordance with international law and shall operate a social security scheme of its own.art. 20 accompanying persons 1 the following persons are entitled to accompany the principal individual beneficiary and enjoy the same privileges, immunities and facilities if living together in the same household:a.the spouse of the principal individual beneficiary;b.the same-sex partner of the principal individual beneficiary if the partnership has been registered in switzerland or under an equivalent foreign provision or if the partner is treated by the institutional beneficiary concerned as an official partner or as a dependent;c.the cohabiting partner of the principal individual beneficiary (which within the meaning of swiss law is a person of the opposite sex not married to the principal individual beneficiary) if the cohabiting partner is treated by the institutional beneficiary concerned as an official partner or as a dependent;d.the unmarried children up to the age of 25 of the principal individual beneficiary;e.the unmarried children up to the age of 25 of the spouse, or of the same-sex partner, or of the cohabiting partner, if officially in that person's care.2 the following persons may, by way of exception, be authorised by the fdfa to accompany a principal individual beneficiary if they live together in the same household; they shall be issued with a legitimation card but shall not be accorded privileges, immunities or facilities:a.the same-sex partner of the principal individual beneficiary if he or she is not recognised by the institutional beneficiary concerned as an official partner or as a dependent but the application for a residence permit is nonetheless submitted by the institutional beneficiary and the relationship can be shown to be long-standing, and if it is not possible for the couple to register their partnership under swiss law or under the law of another state;b.the cohabiting partner of the principal individual beneficiary if the cohabiting partner is not recognised by the institutional beneficiary concerned as an official partner or as a dependent but the application for a residence permit is nonetheless submitted by the institutional beneficiary and the relationship can be shown to be long-standing;c.the unmarried children over the age of 25 of the principal individual beneficiary if they are in his or her sole care;d.the unmarried children over the age of 25 of the spouse, or of the same-sex partner, or of the cohabiting partner, if they are in the principal individual beneficiary's sole care;e.the ascendants of the principal individual beneficiary or of his or her spouse, same-sex partner, or cohabiting partner within the meaning of paragraph 1, if they are in the principal individual beneficiary's sole care;f.in exceptional cases, other persons in the sole care of the principal individual beneficiary if it is not possible for them to be entrusted to the care of a third party in the country of origin (cases of force majeure).2bis an exemption from the requirement of living in the same household with the principal individual beneficiary may be granted:a.to persons under paragraph 1 letters d and e and 2 letters c and d: if they are resident abroad for the purpose of their studies;b.to persons under paragraphs 1 and 2: on application by the relevant institutional beneficiary for a maximum duration of one year if the principal individual beneficiary who is employed by an institutional beneficiary under article 2 paragraph 1 letters a, b and i hsa moves to a place of work for professional reasons where the constant presence of their family is not possible or desirable for security reasons and the family must for these reasons forgo living together;c.to persons under paragraph 1 letters a and b: during the divorce, separation, or marriage protection or proceedings for the judicial dissolution of the registered partnership of the principal individual beneficiary; during this period living in the same household is not required either for children under paragraph 1 letters d and e if they are in the custody of the relevant person under paragraph 1 letter a or b, or for children under paragraph 2 letters c and d; the provisions of swiss tax law remain reserved.173 private household employees may be authorised by the fdfa to accompany a principal individual beneficiary if they satisfy the requirements laid down in the ordinance of 6 june 201118 on private household employees.194 authorisation for the persons referred to in this article to accompany a principal individual beneficiary must be sought prior to the entry into switzerland of such persons.5 the fdfa shall determine case by case whether a person wishing to accompany a principal individual beneficiary satisfies the requirements of this article. all questions arising therefrom shall be resolved in accordance with diplomatic practice between the fdfa and the institutional beneficiary concerned and without the individual beneficiary being involved in any way.17 inserted by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).18 sr 192.12619 amended by the annex to the o of 6 june 2011 on private household employees, in force since 1 july 2011 (as 2011 2425).art. 21 access to employment for persons called to act in an official capacity 1 persons who are called to act in an official capacity at an institutional beneficiary must as rule perform their official duties on a full-time basis. this is without prejudice to the special provisions governing honorary consuls under the vienna convention of 24 april 196320 on consular relations, and those governing persons whose duties are limited to a specific mandate, such as lawyers engaged in proceedings before international courts or arbitration tribunals.2 persons who are called to act in an official capacity at an institutional beneficiary may, by way of exception, be authorised by the relevant cantonal authorities to carry out a secondary gainful activity for up to ten hours a week, provided that they are living in switzerland and the activity concerned is not incompatible with the performance of their official duties. the decision of the cantonal authorities shall be taken in agreement with the fdfa.3 teaching a specialised subject may, in particular, constitute an acceptable secondary activity, but any activity of a commercial nature, inter alia, shall be deemed incompatible with the performance of the person's official duties.4 persons who are called to act in an official capacity at an institutional beneficiary and who engage in a secondary gainful activity do not enjoy privileges or immunities of any kind in respect of that activity. in particular, they have no immunity from criminal, civil and administrative proceedings or from execution of any judgment or sentence arising in relation to the secondary gainful activity.215 such persons are subject to swiss law in relation to the secondary gainful activity; in particular, unless otherwise provided for under a bilateral convention on social security, in relation to the secondary gainful activity they are subject to the swiss legislation on:a.old-age, survivors' and invalidity insurance;b.accident insurance;c.loss of earnings compensation;d.family allowances;e.unemployment insurance; and f.maternity insurance.226 income from the secondary gainful activity must be taxed in switzerland unless a bilateral double taxation agreement provides otherwise.2320 sr 0.191.0221 amended by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).22 inserted by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).23 inserted by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).art. 22 facilitated access to employment for persons entitled to accompany the principal individual beneficiary 1 the following persons have facilitated access to employment in switzerland for the duration of the function of the principal individual beneficiary if they are entitled, in accordance with article 20 paragraph 1, to accompany the principal individual beneficiary and if they are living in switzerland and in the same household as the principal individual beneficiary:a.the spouse of the principal individual beneficiary within the meaning of article 20 paragraph 1 letter a;b.the same-sex partner of the principal individual beneficiary within the meaning of article 20 paragraph 1 letter b;c.the cohabiting partner of the principal individual beneficiary within the meaning of article 20 paragraph 1 letter c;d.the unmarried children of the principal individual beneficiary, within the meaning of article 20 paragraph 1 letter d if they entered switzerland as authorised accompanying persons before the age of 21; they are entitled to facilitated access to employment until the age of 25, after which they must take the necessary steps to ensure that their residence and employment situations are in accordance with the legislation governing the residence and establishment of non-nationals;e.the unmarried children of the spouse, same-sex partner or cohabiting partner, within the meaning of article 20 paragraph 1 letter e if they entered switzerland as authorised accompanying persons before the age of 21; they are entitled to facilitated access to employment until the age of 25, after which they must take the necessary steps to ensure that their residence and employment situations are in accordance with the legislation governing the residence and establishment of non-nationals.2 to facilitate their access to employment, the fdfa shall, on request, issue to the persons referred to in paragraph 1 a document certifying to potential employers that the individual concerned is not subject to the quota on foreign workers, or to the principle of priority recruitment areas, or to labour market regulations (principle of priority preference for residents, and ex ante vetting of pay and conditions).3 persons within the scope of paragraph 1 who engage in gainful activity shall, on submission of a contract of employment, an offer of employment, or a declaration to the effect that they intend to engage in a self-employed activity together with a description of that activity, be issued by the cantonal authority concerned with a special residence permit, known as a 'ci permit', in place of their legitimation card. a self-employed activity may be carried out only after the ci permit-holder has been authorised by the competent authorities to carry out the profession or occupation in question.4 persons within the scope of paragraph 1 who engage in gainful activity in switzerland are subject to swiss law in relation to that activity. in particular, they enjoy no privileges or immunities in relation to that activity.245 unless a social insurance agreement provides otherwise, they are subject to the swiss legislation on:a.old-age, survivors' and invalidity insurance;b.accident insurance;c.loss of earnings compensation;d.family allowances;e.unemployment insurance; and f.maternity insurance.256 income from the secondary gainful activity must be taxed in switzerland unless a bilateral double taxation agreement provides otherwise.267 the fdfa shall otherwise regulate implementation in consultation with the state secretariat for migration.2724 amended by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).25 amended by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).26 inserted by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).27 inserted by no i of the o of 11 nov. 2015, in force since 1 jan. 2016 (as 2015 5063).chapter 4 procedures for granting privileges, immunities and facilities art. 23 the granting of privileges, immunities and facilities 1 without prejudice to the privileges, immunities and facilities arising directly under international law, the federal council shall determine case by case the privileges, immunities and facilities to be granted to institutional beneficiaries and persons who are called to act in an official capacity at such institutions, to eminent persons carrying out an international mandate, and to the persons referred to in article 20.2 the fdfa is empowered to grant privileges, immunities and facilities and to enter into international agreements for that purpose, where the duration of the institutional beneficiary's activity does not exceed one year to:a.special missions, persons called to act in an official capacity at such special missions, and persons entitled to accompany such persons;b.international conferences, persons called to act in an official capacity at such international conferences, and persons entitled to accompany such persons.art. 24 modalities 1 diplomatic missions, consular posts, and permanent missions or other representations to intergovernmental organisations, the members of such representations and persons entitled to accompany such members become automatically entitled in accordance with international law and international practice to privileges, immunities and facilities on being authorised by the fdfa to establish themselves in switzerland.2 the privileges, immunities and facilities of the following institutional beneficiaries, of the persons called to act in an official capacity at such institutional beneficiaries, and of the persons entitled to accompany such persons are granted by way of an agreement to that effect entered into between the federal council and the institutional beneficiary concerned, or exceptionally by unilateral decision of the federal council:28a.intergovernmental organisations;b.international institutions;c.quasi-governmental international organisations;d.secretariats or other bodies established under an international treaty;e.international courts;f.arbitration tribunals.3 the privileges, immunities and facilities of the following institutional beneficiaries, of the persons who are called to act in an official capacity at such institutional beneficiaries, and of the persons entitled to accompany such persons are granted by way of a unilateral decision of the federal council or of the fdfa or by way of an agreement to that effect entered into between the federal council or the fdfa and the institutional beneficiary concerned:a.special missions;b.international conferences;c.independent commissions;d.other international bodies.4 the privileges, immunities and facilities of eminent persons carrying out an international mandate are granted by way of a unilateral decision of the federal council.28 amended by no i of the o of 15 aug. 2018, in force since 1 jan. 2019 (as 2018 3137).chapter 5 acquisition of land and buildings for official purposes art. 25 procedure 1 any application for permission to acquire land or buildings shall be submitted to the fdfa by the acquiring party or its agent, with a copy to be sent to the competent authority in the canton concerned.2 the application must include the following particulars and documents:a.29the draft contract of acquisition, meaning in particular a draft purchase contract, a purchase option contract, a long-term lease, a signed preliminary contract or a deed of gift;b.the purpose of acquisition (residence of head of mission, secretariat of representation, head office of organisation, etc.);c.a description of the property, to include in particular the area of the land and of the building; in the case of a vacant site or a proposed extension of an existing building, the area proposed to be built upon must also be indicated;d.a list of the properties in switzerland already owned by the institutional beneficiary, a description of such properties including in particular the area of the land and buildings concerned and the use of same.3 the net habitable area of any building intended for residential use may not as a rule exceed 200 m2.4 the fdfa may impose conditions in respect of an acquisition of property. in particular, it may require reciprocity if the acquiring party is a foreign state acquiring a property for the official needs of its diplomatic mission, consular posts, or permanent missions to intergovernmental organisations in switzerland.29 amended by no i of the o of 15 aug. 2018, in force since 1 jan. 2019 (as 2018 3137).art. 26 decision the fdfa shall issue its decision after receiving the opinion of the canton concerned.chapter 6 financial subsidies and other support measures art. 27 financial powers 1 the federal council shall decide on financial subsidies and other support measures with a foreseeable cost exceeding chf 3 million in the case of a one-off measure, or chf 2 million per annum in the case of a recurring measure.2 the fdfa:a.30shall decide on one-off financial subsidies and in-kind subsidies not exceeding chf 3 million;b.shall decide on recurring financial subsidies and in-kind subsidies of a maximum duration of 4 years and not exceeding chf 2 million per annum;c.may fund international conferences in switzerland;d.may enter into international treaties to that end.30 corretion of 5 may 2009 (as 2009 1747).art. 28 procedure for granting subsidies and other support measures 1 the procedure for granting financial subsidies and other support measures is laid down in respect of each appropriation during the authorisation process.2 the procedure for the payment of due compensation to the cantons for the cost of giving effect to article 20, letter f, hsa is laid down in agreements to be entered into with each canton concerned. the fdfa shall be authorised to enter into such agreements. it indicates in the agreement that, where applicable, the relevant credits are subject to approval by parliament.chapter 7 international non-governmental organisations art. 29 international non-governmental organisations (ingos) wishing to benefit from the measures provided for under federal legislation, in particular the tax exemption provided for by the federal act of 14 december 199031 on direct federal taxation and the facilitated employment of foreign staff provided for under swiss legislation, must satisfy the relevant statutory requirements and submit an application to the competent authority designated by the relevant statute.31 sr 642.11chapter 8 powers of the fdfa art. 30 1 in addition to the powers provided for in the specific provisions of this ordinance, the fdfa shall:a.negotiate the agreements to be entered into pursuant to the hsa or this ordinance, in consultation with the bodies concerned;b.be the authority responsible for implementing the agreements on privileges, immunities, facilities, and financial subsidies and other support measures, without prejudice to the specific powers of other federal bodies;c.regulate the details of the implementation of this ordinance without prejudice to the specific powers of other federal bodies;d.supervise compliance with the terms of the privileges, immunities and facilities; to this effect it shall take all appropriate measures in accordance with international practice; on finding an instance of abuse it may revoke a natural person's privileges, immunities and facilities where such a measure is proportionate with the objectives;e.determine case by case whether a person is to be deemed an 'individual beneficiary' within the meaning of article 2 paragraph 2 letters a and c hsa and issue the appropriate legitimation cards to eligible persons;f.determine the length of the courtesy period that may be allowed to an individual beneficiary at the end of his or her period of service;g.direct the federal security service to instruct the relevant police authorities to implement the further security measures referred to in article 20 letter f hsa;h.enter into the bilateral agreements necessary to secure for the members of the diplomatic missions, the permanent missions or other representations to intergovernmental organisations and of the consular posts of switzerland abroad the same privileges, immunities and facilities as are accorded to foreign representations of the same category in switzerland.2 the fdfa shall adopt rules regulating its own internal allocation of responsibilities.chapter 9 final provisions art. 31 amendment of current legislation the amendment of current legislation is regulated in the annex.art. 32 commencement this ordinance comes into force on 1 january 2008.annex (art. 31)amendment of current legislation the following ordinances are amended as follows:.32 32 the amendments may be consulted under as 2007 6657.

192.126 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on conditions for entry, stay and work for private household employees of individual beneficiaries of privileges, immunities and facilities(private household employees ordinance, pheo)of 6 june 2011 (status as of 1 july 2011)the swiss federal council,on the basis of article 98 paragraph 2 of the foreign nationals and integration act of 16 december 2005 (fnia)1and article 27 paragraph 2 of the host state act of 22 june 2007 2 (hsa),ordains:1 the title was amended on 1 jan. 2019 pursuant to art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512). this amendment has been made throughout the text.2 sr 192.12chapter 1 subject matter and definitions art. 1 subject matter 1 this ordinance supplements the provisions of the host state ordinance of 7 december 20073 (hso), and governs the conditions for entry, residence and work for private household employees as defined in article 2 paragraph 2 letter c hsa.2 cantonal or federal standard employment contracts concerning the employment of workers in the domestic services industry and any other cantonal provisions regulating the working conditions or salaries of workers in the domestic services industry do not apply to persons who fall within the scope of this ordinance.3 this ordinance does not apply to: a.members of service staff (art. 3) or members of local staff of diplomatic missions, permanent missions or other representations to intergovernmental organisations or consular posts as defined in article 5 of the hso;b.private household employees of swiss nationality or foreign nationals with authorisation to stay or reside or who have been granted temporary admission;c.private household employees who accompany, for temporary stays, members of special missions within the meaning of article 2 paragraph 1 letter g of the hsa or delegates at international conferences, provided that such members of special missions or delegates do not have their usual residence in switzerland.4 this ordinance applies to private household employees who are nationals of a member state of the european union or efta and whose permanent place of residence at the time of their being engaged for employment was not switzerland only to the extent that the agreement of 21 june 19994 between the swiss confederation and the european union and its member states on the free movement of persons does not provide otherwise or where the provisions of this ordinance are more favourable. 3 sr 192.1214 sr 0.142.112.681art. 2 definition of private household employee 1 a private household employee is, in accordance with article 1 letter h of the vienna convention on diplomatic relations of 18 april 19615 and article 1 letter i of the vienna convention on consular relations of 24 april, 19636, a person who is in the domestic service of an individual beneficiary as defined by article 2 paragraph 2 letters a and b hsa who is authorised to employ private household staff and who holds a legitimation card f issued by the federal department of foreign affairs (fdfa). the legitimation card attests the qualification as private household employee.2 private household employees are not employed by the institutional beneficiary of the employer. they are directly engaged by their employer on the basis of an employment contract under civil law.3 domestic service is understood to mean any task carried out by the private household employee in the home of the employer, such as household chores, cooking, waiting on table, laundry, child care or gardening tasks.5 sr 0.191.016 sr 0.191.02art. 3 definition of member of service staff 1 in accordance with article 1 letter g of the vienna convention on diplomatic relations of 18 april 19617 and article 1 letter f of the vienna convention on consular relations of 24 april 19638, a member of service staff is defined as an employee of the sending state in the domestic service of a diplomatic mission, permanent mission or other representation to an intergovernmental organisation, or of a consular post, who is a member of such mission, representation or consular post.2 such a person is an employee of the sending state and is subject to the laws of such sending state. such a person is generally employed as a chauffeur, usher, caretaker, or as cleaning or maintenance personnel for the chancery or the residence of the head of mission or head of post. 7 sr 0.191.018 sr 0.191.02chapter 2 persons authorised to employ a private household employee art. 4 diplomatic missions and permanent missions or other representations to intergovernmental organisations 1 on condition that they reside in switzerland and hold the appropriate legitimation card issued by the fdfa, the following members of diplomatic missions and permanent missions or other representations to intergovernmental organisations may be authorised to employ a private household employee:a.heads of missions (legitimation card b);b.members of diplomatic staff (legitimation card c);c.members of administrative and technical staff (legitimation card d).2 persons falling within the scope of paragraph 1 who are swiss nationals or hold an authorisation to stay or reside pursuant to the fnia do not have the right to engage a private household employee entitled to a legitimation card.art. 5 consular posts 1 on condition that they reside in switzerland and hold the appropriate legitimation card issued by the fdfa, the following members of consular posts may be authorised to employ a private household employee:a.career heads of consular posts (legitimation card k with pink band);b.career consular officers (legitimation card k with pink band); c.career consular employees (legitimation card k with blue band). 2 persons falling within the scope of paragraph 1 who are swiss nationals or who hold an authorisation to stay or reside pursuant to the fnia do not have the right to engage a private household employee entitled to a legitimation card.art. 6 other institutional beneficiaries 1 on condition that they reside in switzerland and hold the appropriate legitimation card issued by the fdfa, the following individuals who are staff members of an intergovernmental organisation, international institution, secretariat or other body created under international treaty, of an independent commission or international court or arbitration tribunal as specified in article 2 paragraph 1 of the hsa may be authorised to engage a private household employee:a.members of senior management (legitimation card b);b.high-ranking officials (legitimation card c);c.other officials with professional status (legitimation card d).2 persons falling within the scope of paragraph 1 who are swiss nationals do not have the right to engage a private household employee entitled to a legitimation card.art. 7 number of private household employees per household 1 one private household employee only per household is allowed. 2 the following persons may be authorised to engage several private house-hold employees:a.heads of diplomatic missions;b.heads of permanent missions or other representations to intergovernmental organisations; c.career heads of consular posts; d.members of senior management of the institutional beneficiaries specified in article 6, paragraph 1 hereof.3 persons authorised to engage one private household employee may, in exceptional circumstances, be authorised to engage more if their particular situation so warrants.4 protocol or the swiss mission will make decisions on a case-by-case basis. when considering individual cases they will take particular account of:a.previous employment disputes involving the employer or the institutional beneficiary concerned;b.the existence of any debts owed to creditors in switzerland by the employer or the institutional beneficiary concerned.art. 8 priority for private household employees already in switzerland 1 prior to requesting authorisation to engage a private household employee from abroad, employers must look in switzerland for a private household employee as defined within this ordinance who is in search of employment and who is able and willing to fill the position. protocol or the swiss mission will take all the particular circumstances into account when determining which documents they require to demonstrate that a search in switzerland has been unsuccessful.2 employers who arrive in switzerland accompanied by a private household employee who was in their service prior to being posted to switzerland may be granted dispensation from looking for a private household employee in switzerland. chapter 3 conditions for admission and stay of private household employees art. 9 general conditions 1 subject to any derogation granted elsewhere in the provisions of this ordinance, private household employees must satisfy all of the following conditions:a.be 18 years of age or over;b.not be a member of the family of the employer;c.hold a valid national passport;d.undertake to come to switzerland alone; the entry, admission, stay and work of any persons wishing to accompany them are regulated by the fnia, except as provided by article 16, paragraph 2 hereof;e.work fulltime;f.work for one employer only who must be authorised to engage a private household employee pursuant to this ordinance, except as provided by article 11 hereof;g.be part of the household of the employer and work at the home of the employer, except as provided by article 30 paragraphs 4 and 5 hereof;h.be aware that their stay in switzerland is only authorised for as long as they remain in the service of a person authorised to engage a private household employee under the provisions of this ordinance;i.have sufficient knowledge of one of the official languages of switzerland, english, spanish or portuguese to enable them to communicate with the fdfa while residing in switzerland without the need for the services of an interpreter.2 private household employees are not authorised to exercise any secondary gainful activity in switzerland or work for another employer within the meaning of this ordinance, even if their employer does not give them enough work to keep them fully occupied, except as provided by article 11 hereof.art. 10 employment contract 1 a written employment contract, drawn up in one of the languages specified in article 9 paragraph 1 letter i hereof must be signed between the employer and the private household employee. the objective of this provision is to ensure clear and transparent conditions of employment.2 the employment contract must be drawn up based on the standard form contract drafted by the fdfa. it includes, in particular, the standard form pay slip, which is an integral part thereof. only derogations from the standard form contract in favour of the private household employee are permitted.3 granting of authorisation to enter and a legitimation card are dependent upon the signature of an employment contract.4 in accordance with article 320 of the code of obligations (co)9, neither an employer nor a private household employee may claim the absence of a written employment contract as a reason for not respecting their obligations under the relevant legal provisions, either as employer or employee.9 sr 220art. 11 working for two employers at the same time 1 in exceptional circumstances, a private household employee may be authorised to work for a maximum of two employers at the same time.2 a request must be made by the first employer (paragraph 4 below) to protocol or the swiss mission through the institutional beneficiary concerned.3 both employers must be authorised under the provisions of this ordinance to employ a private household employee.4 the first employer to have taken the private household employee into his service shall be considered the primary employer and assumes all obligations and responsibilities relating to this engagement vis--vis the swiss authorities.5 the accumulated working hours of the private household employee must equate to and not exceed full-time employment (art. 46).6 the employment contract entered into between the second employer and the private household employee must provide for its automatic termination no later than the date of termination of the contact between the first employer and the private household employee. the private household employee then loses entitlement to a legitimation card, unless the second employer is prepared, and has been so authorised by protocol or the swiss mission, to re-engage the employee on a full-time basis.art. 12 couples employed as private household employees 1 in exceptional circumstances and in response to a justified request, a married couple may be authorised to accompany an employer to switzerland, subject to all of the following conditions:a.the employer is a person who, under article 7 paragraph 2 hereof, may be authorised to engage several private household employees.b.the couple was already in the service of the same employer prior to their employer being posted to switzerland.c.the employer adapts their employment contracts to conform to the requirements of this ordinance.d.both private household employees work on a full-time basis solely for this same employer and are not authorised to take on any secondary employment on the swiss labour market or work for any other employer pursuant to this ordinance.e.the length of stay in switzerland of each of these private household employees is strictly limited to the duration of the employer's official functions.f.entry, admission, residence and work in switzerland of persons wishing to accompany the couple employed as private household employees are governed by the fnia; and.g.each of the private household employees individually meets all the other conditions applicable to private household employees, in particular those set out in article 9 hereof.2 a couple employed as private household employees are not permitted to change employer in switzerland, whether individually or as a couple.art. 13 change of employer and stay in switzerland upon the termination of employment 1 private household employees are authorised to change employer at any time, except as provided in article 12 paragraph 2 hereof.2 on termination of employment, private household employees have a maximum period of two months from the employment termination date in which to find another employer pursuant to this ordinance. the new employment relationship must have entered into effect no later than the expiry of this two-month period.3 in the event that private household employees do not find new employment within the period specified in paragraph 2, or if their legitimation card is cancelled for any other reason, then they must leave switzerland.4 private household employees who enter switzerland pursuant to this ordinance may not count the number of years spent in switzerland while holding a legitimation card issued by the fdfa towards claiming a right to reside as contemplated by the fnia. if they wish to remain in switzerland without being engaged by an employer pursuant to this ordinance then they must comply with the conditions prescribed by the fnia.art. 14 change in civil status during the course of employment 1 employers, through their institutional beneficiary, are bound to inform protocol or the swiss mission without delay of any change in the civil status of a private household employee, such as marriage, birth of a child or death.2 a photocopy of the document evidencing such change in civil status must be included with the information provided to protocol or the swiss mission.art. 15 marriage or registered partnership during period of employment the marriage or registered partnership of a private household employee during the course of his or her employment, whether in switzerland or abroad, does not confer upon his or her spouse or partner the right to stay nor to receive a legitimation card.art. 16 birth of a child 1 a private household employee who becomes a parent during his or her period of employment may remain in switzerland until the completion of his or her current employment contract. if the child is born in switzerland and the private household employee has parental authority and custody of such child then he or she may keep the child with him or her. the employee may not change employer on termination of employment unless one of the following requirements has been met: a. the private household employee elects for the child to be looked after abroad for the duration of his or her stay in switzerland;b.the private household employee obtains an authorisation to stay in accordance with the provisions of the fnia for him or herself and the child, in which case this ordinance no longer applies (art. 1 para. 3 let. b); orc.custody of the child is accorded to the other parent who resides legally in switzerland and who can exercise the right to family reunification, provided that the child is either granted by the competent authority authorisation to stay which is directly linked to that of the parent with custody or that it has swiss nationality.2 in exceptional and justifiable circumstances, paragraph 1 hereof may be applied when the child is born abroad. such a situation may arise in particular when a female private household employee has returned to her own country to give birth. protocol or the swiss mission will make decisions on a case-by-case basis.3 the private household employee is responsible for all costs related to his or her child. employers' obligations with respect to accommodation and food (article 30) do not extend to the child. if the child resides in switzerland, the private household employee must, at his or her own expense, take out compulsory healthcare insurance for the child in accordance with the federal health insurance act of 18 march 199410 (hia). this obligation applies to both parents if they both reside in switzerland.4 the employer's institutional beneficiary concerned must inform protocol or the swiss mission immediately that the private household employee has become a parent and has parental authority and custody of the child, requesting that a legitimation card be issued in the name of the child.10 sr 832.10chapter 4 engagement of private household employees abroad section 1 persons subject to visa requirements art. 17 required documents 1 visa requests must be accompanied by a copy of the employment contract signed by the private household employee and the employer (article 10).2 the fdfa will determine what other documents it requires.art. 18 procedure 1 the employer's institutional beneficiary must submit the required documents to protocol or the swiss mission. protocol or the swiss mission will stamp the documents and return them to the institutional beneficiary for further transmission to the employer.2 it is the responsibility of employers to ensure that private household employees receive the required documents stamped by protocol or the swiss mission to enable private household employees to present their visa request to the competent swiss representation.3 private household employees must appear in person before the competent swiss representation for their place of residence to lodge their visa request and collect their visa.4 when a private household employee has delivered all the documents required to support his or her visa request, the competent swiss authority:a.will verify the linguistic capabilities of the private household employee as specified in article 9 paragraph 1 letter i;b.will verify that the private household employee has understood the conditions of his or her employment contract, in particular the provisions relating to working hours, holiday leave, remuneration and social insurances;c.will supply the private household employee with guidance on the cost of living in switzerland.5 once the competent swiss representation is satisfied that the private household employee has understood the conditions of his or her employment contract, the private household employee will be required to sign a declaration to that effect; this declaration will be placed with the visa request files kept by the swiss representation and a copy provided to the private household employee.6 all other procedural details will be determined by the fdfa.section 2 persons not subject to visa requirements art. 19 required documents 1 requests to engage a private household employee must be accompanied by a copy of the employment contract duly signed by the private household employee and the employer (article 10).2 the fdfa will determine what other documents it requires.3 requests must be submitted to protocol or the swiss mission by the employer's institutional beneficiary. protocol or the swiss mission will stamp the required documents and return them to the institutional beneficiary for further transmission to the employer.4 it is the responsibility of employers to ensure that private household employees receive the required documents stamped by protocol or the swiss mission to enable private household employees to present them to the competent authority on arrival in switzerland.chapter 5 engagement of private household employees in switzerland art. 20 principle private household employees may be engaged in situ in switzerland provided the conditions of this ordinance are complied with.art. 21 exceptions the following persons may not be engaged in situ in switzerland:a.persons who are not legally authorised to be in switzerland;b.persons who are the object of ongoing proceedings relating to admission, deportation, or expulsion;c.asylum seekers;d.persons who are in switzerland temporarily, notably as tourists, visitors, students, trainees, health patients;e.former private household employees who were issued with a fdfa legitimation card but whose prior employment has ceased and the delay period provided for under article 13 paragraph 2 has expired;f.former members of service staff or local staff whose prior employment ceased more than one month before, as well as members of their family;g.former members of service staff or local staff or family members thereof who do not meet the admission conditions stipulated in this ordinance.art. 22 procedure 1 the employer's institutional beneficiary must submit to protocol or the swiss mission all documents required for the legitimation card request procedure (art. 25).2 employers must ensure that private household employees engaged in switzerland have a copy of the required documents.3 all other procedural details will be determined by the fdfa.chapter 6 legitimation cards art. 23 resident's certificate the legitimation card issued by the fdfa serves as certification of residence for private household employees. the legitimation card does not confer upon private household employees or any person wishing to accompany them any right to obtain a residence permit pursuant to the fnia.art. 24 requests for legitimation cards for private household employees engaged abroad 1 immediately upon the arrival of a private household employee in switzer-land, the employer's institutional beneficiary must send a request for a legitimation card to protocol or the swiss mission by verbal note.2 private household employees must appear in person before protocol or the swiss mission to receive their legitimation card.3 protocol or the swiss mission may require employers to appear in person so that they may satisfy themselves that the employer has fully understood his or her obligations as an employer.4 all other procedural details, including which documents are required, are determined by the fdfa.art. 25 request for legitimation cards for private household employees engaged in switzerland 1 prior to the commencement of employment, the employer's institutional beneficiary must send to protocol or the swiss mission a request for a legitimation card by verbal note with a copy of the employment contract signed by the private household employee and the employer (art. 10).2 protocol or the swiss mission may require the private household employee to appear in person to receive his or her legitimation card.3 protocol or the swiss mission may require the employer to appear in person so that they may satisfy themselves that the employer has fully under-stood his or her obligations as an employer.4 all other procedural details, including which documents are required, are determined by the fdfa.art. 26 renewing a legitimation card 1 when the legitimation card of a private household employee expires, the employer's institutional beneficiary must send a request to protocol or the swiss mission to renew the legitimation card. requests must be accompanied by proof of compulsory social insurance cover (i.e. insurance certificate or policy). protocol or the swiss mission may require to see additional documents, such as a copy of the employment contract signed between the private household employee and the employer, or evidence that all compulsory social insurance and medical insurance contributions have been paid.2 protocol or the swiss mission may require private household employees to appear in person to receive their new legitimation card without their employer or a representative thereof being present.art. 27 returning a legitimation card 1 on termination of employment, for whatever reason, the employer's institutional beneficiary must inform protocol or the swiss mission immediately.2 private household employees must return their legitimation card to their former employer whose institutional beneficiary must forward it to protocol or the swiss mission.chapter 7 working conditions and salary section 1 general conditions art. 28 principles 1 the work relationship between employers and private household employees are governed by swiss law and in particular by this ordinance and the co11.2 an employment contract may not derogate from any of the provisions of this ordinance in a way that disadvantages the private household employee.11 sr 220art. 29 protection and respect for private household employees 1 in accordance with article 328 of the co12, employers are obliged to protect and respect the privacy of private household employees. they must show appropriate consideration for their health and ensure that moral standards are upheld. employers must, in particular, ensure that private household employees do not experience any sexual harassment. to this end, employers must ensure appropriate working conditions. where the private household employee lives in the employer's household (art. 30) these obligations remain in force both during and outside working hours.2 employers must give work to employees which suits their abilities and training.3 employers must ensure that private household employees have suitable working conditions which provide them with a decent living environment. these conditions include the protection of individuality and respect for the person, adherence to the provisions of the employment contract, in particular those concerning working hours and overtime compensation, daily and weekly rest periods, private and public holidays, food and accommodation, as well as payment of their salary and compulsory insurance contributions.4 private household employees must have freedom of movement outside working hours. in particular they must be free to leave the home of their employer and to participate in leisure activities away from their employer and employer's family.5 private household employees must have free access to their personal documents such as passport, fdfa legitimation card and banking card.12 sr 220art. 30 board and lodging conditions for private house-hold employees 1 private household employees have the right to their own individual room within the home of their employer. the room must: a.conform to a good standard of hygiene;b.be lockable;c.have good light, from natural and artificial light sources;d.be well-heated and ventilated;e.contain the necessary furniture, such as a bed, a lockable wardrobe, a table and a chair. 2 private household employees must have access to decent bathroom and toilet facilities.3 private household employees have the right to healthy and adequate food and three daily meals (morning, midday and evening).4 employers may provide private household employees with alternative accommodation subject to the following minimum requirements:a.the employer must be able to demonstrate that the private household employee has adequate means of transport between the accommodation provided and the employer's home, taking into account the appointed work schedule and any overtime required to be provided outside such work schedule;b.the provided accommodation must conform to the minimum conditions prescribed by paragraph 1;c.the provided accommodation must be equipped to enable the private household employee to prepare proper meals;d.all costs of the accommodation, including service charges, must be paid for in their entirety by the employer without any deduction from the private household employee's salary;5 a private household employee may choose alternative accommodation if he or she does not wish to reside in the employer's home in accordance with paragraph 1 or if the alternative accommodation provided by the employer in accordance with paragraph 4 does not suit him or her. if this is the case, the employer must pay the private household employee a fair accommodation allowance, which may not be lower than the amount prescribed by article 11 of the ordinance of 31 october 194713 on old-age and survivors' insurance (oasio) for fixing the determinant salary in respect of old-age and survivors insurance. the employer must, where necessary, provide accommodation for the private household employee in accordance with the conditions of paragraph 1 or paragraph 4 until the private household employee has found his or her accommodation.6 employers must, through their institutional beneficiary, inform protocol or the swiss mission without delay of any change of address of a private household employee.13 sr 831.101art. 31 diligence and loyalty of private household employees 1 in accordance with article 321a of the co14, private household employees must execute the work entrusted to them with due care. they must faithfully protect the legitimate interests of their employer and abide by house rules, which must fairly take into account the interests of each.2 private household employees have a duty of loyalty towards their employer and must treat with the utmost confidentiality all information comes to their knowledge in the course of their work.14 sr 220section 2 commencement and termination of the work relationship art. 32 duration of employment 1 the work relationship becomes effective on the arrival of the private household employee in switzerland or, if the private household employee already holds a swiss fdfa legitimation card (change of employer), on the date specified in the employment contract.2 the work relationship is indefinite (open-ended) or fixed according to the conditions specified on the employment contract.art. 33 trial period 1 the employment contract may provide for a trial period, which may not exceed one month.2 during the trial period, either party may terminate the employment contract by written notice giving a seven-day notice period. if work is interrupted during the trial period due to illness, accident or pregnancy, the trial period is extended for the same period as such interruption. where the employment contract is for a fixed term, the employer's obligations cease at the latest upon the expiry date thereof.3 each of the parties is obliged to respect all of their obligations until the end of the termination notice period. the private household employee in particular must continue to do his or her work. the employer, in particular, must continue to pay the salary, provide accommodation and food and pay compulsory social insurance contributions. if the parties agree that the private household employee may cease working immediately, the employer must continue to fulfil all of his or her obligations until the end of the notice period.art. 34 fixed term employment contract 1 a fixed term employment contract automatically terminates on its expiry date. if the fixed term employment contract is extended by tacit understanding, it is deemed to continue for an indefinite term.2 following a trial period pursuant to article 33, a fixed term employment contact may not be terminated, except where there is cause termination without notice pursuant to article 38 hereof.3 subject to termination without notice in conformity with article 38, each party must respect their obligation in their entirety up to the date of expiration of the fixed term employment contract. article 33, paragraph 3 applies by analogy.4 even if the parties agree that the private domestic employee may cease work prematurely, the employer must continue to fulfil by his or her obligations until the expiry date of the fixed term employment contract. the parties may, if they agree on a date on which work will cease, agree in writing an earlier date for the employer's obligations to cease.art. 35 termination of an indefinite term employment contract 1 neither party may terminate an indefinite term employment contract except in accordance with the applicable provisions of swiss law. employers and private household employees must, in particular, abide by the notice period provisions.2 following a trial period, either party may terminate the indefinite term employment contract as of the end of any month by giving one month's written notice in the first year of employment and giving two months' written notice from the second year of employment onwards.3 each party must continue to respect their obligations until the notice period has expired. article 33 paragraph 3 applies by analogy.4 the party giving notice must provide their reasons for doing in writing so if the other party so requests.art. 36 protection from dismissal 1 in accordance with article 336c co15, once the trial period has ended, an employer may not terminate an employment contract: a.during partial or total incapacity due to illness or an accident for which the private household employee was not to blame:1.for 30 days during the first year of employment, 2.for 90 days from the second to fifth year of employment,3.for 180 days from the sixth year of employment and thereafter;b.during pregnancy and for 16 weeks following the birth.2 termination during one of the periods specified by paragraph 1 is invalid; if notice of termination was given prior to the commencement of one of these periods and the termination notice period has not expired, then the termination notice period is suspended and will recommence only once the period specified in paragraph 1 has ended.3 the provisions of the code of obligations relating to termination by an employee at an inappropriate moment (art. 336d co) apply equally.15 sr 220art. 37 wrongful termination 1 a party who terminates an employment contract wrongfully within the meaning of article 336 paragraphs 1 and 2 co16 must pay an amount in compensation to the other party which shall be determined by a judge but which may not exceed an amount equivalent to six months' salary.2 the party who considers themselves injured must oppose the termination in writing before the end of the notice period. if the opposition is valid and the parties can no longer maintain the work relationship, the party who has received notice of termination can enforce his or her compensation claim. legal action must be initiated within 180 days from the termination of the contract, or the right to claim compensation will expire.16 sr 220art. 38 termination with immediate effect 1 an employer or a private household employee may terminate an employment contract at any time for good cause: the party terminating the employment contract must give their reasons in writing if the other party so requests.2 any circumstance the effect of which means that the party giving notice of termination cannot in good faith be expected to continue the work relationship is considered good cause.3 if the good cause consists of the non-performance by one of the parties of clauses contained within the employment contract, then that party must fully compensate the other for any resulting loss or damage.art. 39 unfair dismissal 1 when an employer terminates an employment contract with immediate effect without good cause, the private household employee is entitled to all the earnings to which he or she would have been entitled had the working relation-ship terminated at the end of the correct notice period or on the expiry of the fixed-term employment contract.2 amounts saved by a private household employee as a result of the termination of the employment contract, such as travel costs or clothing, as well as revenue earned from other employment or deliberately relinquished revenue will be taken into consideration when calculating this amount.3 a judge has the discretion, taking into consideration all the circumstances, to fix an amount which an employer must compensate a private household employee; such amount may not exceed six months' salary of the private household employee.art. 40 abandonment or non-commencement of work 1 when a private household employee does not commence work or abruptly abandons work without just cause, the employer is entitled to compensation equal to one quarter of the employee's monthly salary. the employer is also entitled to damages in respect of any resulting loss.2 a judge has the discretion to reduce the compensation amount if, in his or her free assessment the employer has suffered no loss or if the loss suffered is inferior to the amount stipulated in paragraph 1.art. 41 settlement of disputes 1 in accordance with international law, the signature by an employer of an employment contract does not in any way constitute a waiver of privileges and immunities. it is, if required, for the employer's institutional beneficiary to decide whether the employer's immunity from jurisdiction and the execution of judgments is to be waived.2 if a dispute arises relating to an employment contract, the parties must try to reach an amicable solution. for this purpose, the parties may resort to any existing dispute settlement entity or put into place dispute settlement measures themselves.3 if the dispute cannot be resolved amicably the party who so wishes may bring the dispute before the competent judicial authority. this party must, where necessary, request that the employer's immunity from jurisdiction and the execution of judgments be waived through the usual diplomatic channels.section 3 salary conditions art. 42 principles 1 the employer must pay the private household employee each month. weekly payments are allowed.2 the minimum net salary in cash in accordance with article 43 hereof, or the higher net salary specified in the employment contract, as well as all payments in kind and other charges payable by the employer as specified in article 44 hereof are payable regardless of whether or not the employer has given the private household employee enough work to keep him or her fully occupied.art. 43 net salary in money 1 private household employees must receive a minimum net salary in cash of 1,200 swiss francs (net salary) every month. no deductions may be made from this minimum net amount. the employment contract may provide for a higher net salary.2 the salary must be paid in swiss francs into a swiss bank or postal account which has been opened in the sole name of the private household employee.3 employers must present private household employees with a pay slip every month.art. 44 salary in kind and other items payable by employers 1 employers are responsible for and must ensure that the following payments are made to the swiss authorities and to the competent insurance institutions:a.all compulsory social insurance contributions (for both employee and employer) and all administrative costs payable by the insured parties;b.all health insurance and accident insurance premiums (for both employee and employer) and any incidental costs.2 in addition, employers are responsible for the payment of the following items:a.the accommodation costs of private household employees, including service charges, in accordance with article 30 paragraphs 1 and 4 hereof, or the accommodation allowance in accordance with article 30 paragraph 5 hereof;b.the food costs of private household employees, including those meals which private household employees are not able to take at the home of the employer;c.the travel costs incurred by private household employees when travelling between their accommodation and the employer's home when private household employees do not reside in the home of the employer;d.the costs of any special clothing required by the employer to be worn by private household employees;e.in the event that a private household employee was engaged abroad, the travel costs associated with the private household employee's initial journey to switzerland at the commencement of the work relationship, including any applicable visa costs;f.the travel costs associated with a private household employee's return to his or her home country on termination of the work relationship. the employer may, through his or her institutional beneficiary, request protocol or the swiss mission to be released from this obligation in the event that a private household employee does not return to his or her home country on termination of the work relationship, in particular because the private domestic employer has found a new employer authorised to engage a private household employee under the provisions of this ordinance or because he or she has not complied with his or her obligation to leave switzerland;g.the participation costs of the insured party for services envisaged by the hia17.17 sr 832.10art. 45 tax exemption private household employees holding a legitimation card issued by the fdfa are, in accordance with the principles of domestic swiss law, exempt from direct federal, cantonal and communal taxes on the salary they receive in return for their services.section 4 working hours, leave and holidays art. 46 working hours for full-time employment 1 the weekly number of working hours is 45.2 private household employees must be given a minimum rest period of half an hour for both their midday and evening meal and an additional rest period of one hour during the course of the day. these rest periods do not count as working time.art. 47 weekly leave 1 private household employees must be given one full day of leave per week. this day is usually sunday. private household employees and their employers may expressly agree on a different day in the employment contract.2 private household employees must be given half a working day of leave per week. if this half-day of leave is in the morning, the private household employee shall resume work at 1pm. if the half-day of leave begins after 1pm, then the private household employee does not need to resume work in the evening.3 private household employees remain entitled to meals on their days of leave. if they do not take their meals at the employer's home then the employer must pay a food allowance instead, which may not be lower than the amount prescribed by article 11 of the oasio18 for calculating the determinant salary in respect of old-age and survivors' insurance.4 employers must without fail allow the weekly leave to be taken every week. it may not be carried forward to the following week, even with the agreement of the private household employee.5 employers must also grant private household employees paid leave for the usual reasons, for example, visits to the doctor or the dentist.18 sr 831.101art. 48 record of working hours and overtime 1 the employer and the private household employee must keep a weekly record of hours worked, which must be signed by the employer and the private household employee. they must each keep a copy thereof.2 if necessary, private household employees may be required to work overtime to the extent they are able to do so and where such a request may be made in good faith. in any event, private household employees must benefit daily from 11 consecutive hours of rest. this period of rest may, once a week, be reduced to eight hours provided that the average over two weeks amounts to eleven hours.3 in principle, overtime is compensated for by a period of leave of at least the same duration. this leave must be granted within a reasonable timescale. if the overtime is not compensated for by leave then the hours worked must be paid for at an increased rate of at least 25% above the net salary.4 hours worked overtime on sunday and public holidays must be compensated for with leave plus 50 %. this leave must be granted within a reasonable timescale. if this overtime is not compensated for with leave then the hours worked overtime must be compensated for financially at an increased rate of at least 50% above the net salary.5 overtime worked between 11pm and 6am must be compensated for by leave plus 100%. this leave must be granted within a reasonable timescale. if this overtime is not compensated for by leave then the hours worked overtime must be compensated for financially at an increased rate of at least 100% above the net salary.art. 49 public holidays 1 private household employees are entitled to leave on the following public holidays:a.1 january;b.good friday;c.easter monday;d.ascension;e.whit monday;f.1 august;g.25 december;h.31 december.2 if a public holiday falls on a sunday or coincides with the weekly day of leave expressly agreed by the employer and the private household employee in the employment contract, it does not have to be compensated for by a replacement day of leave. 3 employers and private employees may expressly agree in the employment contract on days of public holiday leave other than those provided for in paragraph 1. private household employees are entitled to at least eight days of public holiday leave per year.4 private household employees are not required to work on public holidays. no reduction of salary may be made in consequence.5 in the event that private household employees are required to work on a public holiday then they must receive a day's holiday in lieu the following week.art. 50 holidays 1 the compulsory length of annual paid holidays is as follows:a.on or over 20 years of age: four weeks;b.under 20 years of age: five weeks;c.after 20 years of service with the same employer: five weeks;d.on or over 50 years of age and after five years of service with the same employer: five weeks.2 as a general rule, holidays are allocated during the corresponding year of service; they must include at least two consecutive weeks. 3 time spent accompanying the employer, or family members thereof, on trips or their holidays does not count as part of the private household employee's holiday allocation.4 employers must fix holiday dates taking into consideration the wishes of private household employees to the extent they are compatible with the interests of the household.5 during their holidays, private household employees are entitled to receive their salary in money plus an amount which fairly compensates for their salary in kind (accommodation and food), which may not be lower than the amount prescribed by article 11 of the oasio19 for fixing the determinant salary in respect of old-age and survivors' insurance; the employer must continue to pay all other salary items required by article 44 hereof.19 sr 831.101art. 51 employer's absence if the employer is absent, the private household employee is still entitled to his or her salary. the employer also remains bound by all obligations in article 44. the employer must, in particular, ensure that the private household employee is paid a fair allowance for food costs, which can be no lower than the amount prescribed by article 11 of the oasio20 for fixing the determinant salary in respect of old-age and survivors' insurance.20 sr 831.101art. 52 private household employee's incapacity to work 1 if a private household employee, through no fault of his or her own, is unable to work for personal reasons, such as illness, accident or fulfilment of a legal or public obligation, the employer must continue to pay his or her salary for a limited period, provided that the work relationship has lasted for more than three months or has been entered into for a period of more than three months.2 the amount payable in this situation by the employer during the first year of service is three weeks' salary. the amount payable thereafter is two months' salary or the salary for the period not worked, whichever is the shorter.3 employers may at their own expense take out insurance to cover them for their financial obligations arising under this article 52.art. 53 employer's reference 1 private household employees may any time require their employer to provide them with an employer's reference containing details of the nature and length of their work relationship, as well as an assessment of the quality of their work and conduct.2 at the express request of the private household employee, the employer's reference should be limited to the nature and length of the work relationship only.chapter 8 insurance art. 54 general employers must ensure that private household employees are registered for social security insurance and any other compulsory insurance from the moment the private household employee enters service.art. 55 oasi/iv/lec/ui/fa 1 private household employees must be insured in accordance with the federal act of 20 december 194621 on old age and survivors' insurance (oasia), the federal act of 19 june 195922 on invalidity insurance (invia), the loss of earnings compensation act of 25 september 195223(leca), the unemployment insurance act of 25 june 198224(uia) and the family allowances act of 24 march 200625(faa).2 it is the responsibility of employers to take all steps necessary to register private household employees with the cantonal oasi compensation fund office and family allowance office at the employer's place of residence, or, if applicable, to file a request for exemption from the provisions of swiss social security, pursuant to article 59 hereof with the competent cantonal oasi compensation fund office.21 sr 831.1022 sr 831.2023 sr 834.124 sr 837.025 sr 836.2art. 56 occupational pension scheme private household employees must be insured in accordance the federal act of 25 june 198226 on occupational pensions for old age, survivors and invalidity.26 sr 831.40art. 57 health insurance 1 it is the obligation of employers to ensure that private household employees are insured in accordance with the hia27. employers should select the insurance in agreement with their private household employee.2 under article 6 paragraph 2, of the ordinance of 27 june 199528 on health insurance, private household employees may be exempted from the insurance obligations of the hia if they are insured in the employer's state or another state. the insurance cover provided by the foreign insurer must be equivalent to that provided by swiss insurers in order to meet the legal requirements for compulsory health insurance. it is the responsibility of private household employees to provide evidence, through their employer, that the conditions required to benefit from this exemption have been complied with.3 the employer must pay all premiums and incidental insurance costs relating thereto, in accordance with article 44 paragraph 1 letter b hereof.27 sr 832.1028 sr 832.102art. 58 accident insurance 1 it is the obligation of employers to take out accident insurance for private household employees in accordance with the federal act of 20 march 198129 on accident insurance.2 employers must pay all premiums (compulsory insurance against occupational accidents and diseases and compulsory insurance against non-occupational accidents) in accordance with article 44 paragraph 1 letter b hereof.3 employers may take out insurance for private household employees against occupational accident and diseases, as well as non-occupational accidents in another state provided that the insurance cover provided by the foreign insurer is equivalent to that provided by swiss accident insurers. otherwise private household employees must be insured in switzerland. 29 sr 832.20art. 59 exemption from swiss social insurance 1 a private household employee may be granted an exemption from taking out swiss social insurance cover (oasi/iv/lec/ui/fa and other insurance schemes which rely on oasi registration) provided the relevant conditions established for this purpose under international law have been complied with, in particular, the vienna convention of 18 april 196130 on diplomatic relations, the vienna convention of 24 april 196331 on consular relations and any social security conventions entered into by switzerland.2 registration with a social security scheme in another state in application of the vienna convention of 18 april 1961 on diplomatic relations and the vienna convention of 24 april 1963 on consular relations must in particular:a.be taken out with an official social security institution of the state of the private household employee or the state for which the employer works or which the employer represents; registration with a private insurance company is considered to be official when, according to the internal laws of the state concerned, this registration takes the place of the official insurance scheme;b.provide at the very least cover for the eventualities of death, old age and invalidity;c.be compulsory or voluntary in accordance with the national law of the relevant state. if the cover is voluntary, protocol or the swiss mission will require, on renewal of the legitimation card (article 26), proof that such cover has not been cancelled subsequent to exemption from the provisions of swiss social security having been granted. protocol or the swiss mission will determine on a case-by-case basis what proof they require.3 it is the responsibility of private household employees, through their employer, to prove that the conditions required to benefit from exemption from swiss social security have been met. 4 employers are responsible for all payments and incidental costs relating to taking out insurance with an official social security institution of another state in accordance with article 44 paragraph 1 letter a.30 sr 0.191.0131 sr 0.191.02art. 60 failure to take out insurance employers who fail to comply with the obligations of articles 57 and 58 hereof will be liable for all medical, pharmaceutical, hospital and all other costs for services to which the private household employee would have been entitled had the correct insurances been in place. employers are also liable for such costs should insurance cover be suspended due to failure to pay premiums.art. 61 social insurance required by cantonal law 1 if private household employees are insured in switzerland under oasi/iv/lec/ui/fa, then it is compulsory for them to be registered with the compulsory insurance scheme which is imposed by the social laws of the residential canton of their employer.2 the employer must pay all premiums and incidental costs required by cantonal legislation.chapter 9 powers of the fdfa art. 62 1 in addition to the specific powers conferred upon the fdfa pursuant to this ordinance, the fdfa shall:a.decree the enactment provisions necessary for the implementation of this ordinance;b.establish the standard form employment contract and payslip.2 protocol or the swiss mission shall, within the limits of their respective responsibilities, make the decisions required of them under this ordinance on behalf of the fdfa.chapter 10 final provisions art. 63 amendments to current legislation amendments to current legislation are governed by the annex hereto.art. 64 transitional provisions 1 employment contracts entered into prior to this ordinance coming into force remain subject to the former laws until, at the latest, the expiry date of the legitimation card of the private household employee. employers and private household employees may at any time enter into a new employment contract which conforms to this ordinance.2 legitimation cards issued prior to this ordinance coming into force will be renewed pursuant to article 26 hereof. on the renewal date of the legitimation card, all the relevant provisions of this ordinance must be complied with and, where necessary, a new employment contract complying with the fdfa standard form must be entered into.art. 65 commencement this ordinance comes into force on 1 july 2011.annex (art. 63)amendments to current legislation .3232 the amendment may be consulted under as 2011 2425.

195.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on swiss persons and institutions abroad(swiss abroad act, saa)of 26 september 2014 (status as of 1 january 2018)the federal assembly of the swiss confederation,based on articles 40, 54 paragraph 1 and 69 paragraph 2 of the federalconstitution (cst.)1, having considered the report of the council of states political institutions committee of 27 january 20142, and the opinion of the federal council of 7 march 20143,decrees:1 sr 1012 bbl 2014 19153 bbl 2014 2617title 1 general provisions art. 1 subject 1 this act governs:a.measures aimed at supporting, informing and promoting links between the swiss abroad, their political rights, social assistance that may be granted to them and support for specific institutions;b.consular protection and other consular services granted by switzerland.2 it does not govern diplomatic protection.3 deviating provisions in international treaties applicable in switzerland continue to apply.art. 2 purpose with this act, the confederation aims to:a.regulate in a uniform and coherent manner the rights and obligations of swiss persons and institutions abroad and the services it offers such persons and institutions;b.promote relations among the swiss abroad and their ties to switzerland;c.facilitate international mobility for swiss nationals;d.promote switzerland's presence and links abroad. art. 3 definitions in this act:a.the swiss abroad means swiss citizens who are not domiciled in switzerland and who are entered in the register of the swiss abroad;b.register of the swiss abroad means the networked administration of the swiss abroad (e-vera4) information system of the federal department of foreign affairs (fdfa) and the paper files;c.receiving state means the foreign country in which a representation is established or recognised or in which the person concerned is residing;d.representation means a diplomatic mission, consular post or any other representation of switzerland abroad that may perform consular functions.4 this name was modified as of 1 sept. 2016 pursuant to art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512).art. 4 legal provisions of the receiving state the swiss authorities and representations shall comply with the legal provisions of the relevant receiving state.art. 5 personal responsibility every individual shall exercise personal responsibility when planning or undertaking a stay abroad or when working abroad.art. 6 recommendations the fdfa may publish information and recommendations, in particular travel advice.art. 7 guichet unique 1 the fdfa is the central point of contact for concerns affecting swiss persons and institutions abroad.2 it generally provides consular services through its network of representations.3 it coordinates incoming requests with the competent administrative bodies of the confederation and cantons to which tasks are assigned under this act.art. 8 foreign policy strategy the federal council shall consider the interests of swiss persons and institutions abroad when defining its foreign policy strategy.title 2 the swiss abroad chapter 1 networking and information art. 9 networking 1 the representations shall cultivate links with the community of the swiss abroad and make use of their network of contacts. 2 the confederation shall maintain contact with institutions that promote relations between the swiss abroad and that contribute to better support and networking of the swiss abroad, particularly the organisation for the swiss abroad.3 it shall promote exchange between young swiss abroad and encourage their ties to switzerland.art. 10 information 1 the confederation shall inform the swiss abroad in electronic or printed form about their rights and obligations and about topics related to this act.2 the fdfa may provide the swiss abroad with a compilation of legislation that affects them in electronic form and may help them understand switzerland's institutions and political affairs.chapter 2 register of the swiss abroad art. 11 entry in the register of the swiss abroad 1 persons who hold swiss citizenship and are not domiciled in switzerland must register with the competent representation to be entered in the register of the swiss abroad.2 entry in the register is required for the swiss abroad to exercise their rights and obligations and for the provision of services by swiss authorities under this title, except in cases where urgent social assistance is provided.art. 12 registration 1 entry in the register of the swiss abroad is carried out by registering with the competent representation.2 the competent representation is the one located at the place of domicile of the swiss abroad. the federal council may make exceptions to this.3 persons entered in the register of the swiss abroad as minors shall be asked by the competent representation to confirm their registration when they reach the age of majority in accordance with swiss law.4 the swiss communes of residence shall notify the fdfa of any swiss nationals who give notice of departure to a foreign country.art. 13 notification of changes 1 persons entered in the register of the swiss abroad must notify the competent representation of any changes or amendments to data concerning them.2 if another representation becomes competent due to a change of residence abroad or for other reasons, the original registration is valid for the new competent representation.3 the swiss communes of residence shall notify the fdfa of any swiss abroad who give notice that they are returning to switzerland.art. 14 deleting entries and destroying data 1 the entry in the register of the swiss abroad shall be deleted if registered persons:a.take up residence in switzerland;b.no longer hold swiss nationality;c.were entered in the register of the swiss abroad as minors and when they reached the age of majority failed to confirm the registration within 90 days despite being requested to do so in accordance with swiss law;d.are deceased;e.cannot or can no longer be contacted at the specified address;f.are declared missing presumed dead.2 the rules on destroying data are set out in the implementing provisions.chapter 3 political rights art. 15 applicable law 1 the legislation governing the political rights of swiss citizens in switzerland also applies to the swiss abroad, unless otherwise provided for in this act or in the implementing provisions.2 cantonal law applies to political rights in cantonal and communal affairs.art. 16 scope 1 the swiss abroad who are over the age of 18 may participate in federal elections and votes and sign requests for referendums and popular initiatives.2 eligibility for election is governed by article 143 cst.art. 17 exclusion of voting rights the swiss abroad are deemed to lack the legal capacity to exercise their voting rights in accordance with article 136 paragraph 1 cst. if:a.they are subject to a general deputyship due to being permanently incapable of judgement or are represented by a person entrusted with their care in accordance with swiss law; orb.they are subject to an adult protection measure under foreign law that eliminates their capacity to act due to being permanently incapable of judgement provided an adult protection measure could also have been put in place under swiss law.art. 18 exercising voting rights 1 the swiss abroad exercise their right to vote in their last commune of residence.2 if they do not have a commune of residence, they exercise their right to vote in their commune of origin. if they have two or more communes of origin, they exercise their right to vote in the commune of origin they stipulated when they registered in accordance with article 12.3 votes may be cast in person, by post, or, provided the conditions are met, electronically.4 in consultation with interested cantons and communes, the federal council shall promote electronic voting pilot schemes for the swiss abroad in accordance with article 8a of the federal act of 17 december 19765 on political rights.5 sr 161.1art. 19 entry in and deletion from the electoral register 1 the swiss abroad who wish to exercise their political rights shall notify their electoral commune via the competent representation. the electoral commune then enters them in the electoral register.2 the swiss abroad who wish to renounce their political rights shall notify their electoral commune via the competent representation.3 if the conditions for exercising political rights are no longer met, if a swiss national living abroad renounces their political rights, or if voting materials are returned as undeliverable three times in a row, the electoral commune shall delete the person concerned from the electoral register.4 the electoral commune and the fdfa shall inform each other about any data relevant to voting rights that have been amended or deleted from the electoral register or the register of the swiss abroad.art. 20 management of the electoral register for the swiss abroad 1 cantons manage the electoral register for the swiss abroad at the central cantonal administration or at the administration department of the canton's main town.2 they may manage the electoral register for the swiss abroad locally if the data:a.are harmonised throughout the canton and are entered electronically; orb.are regularly consolidated at a central location.art. 21 support measures the confederation may implement measures, within the scope of the funds awarded, to facilitate the exercise of political rights by the swiss abroad. chapter 4 social assistance section 1 basic principle and preventive measures art. 22 basic principle the confederation grants social assistance to the swiss abroad who are in need, subject to the conditions set out in this chapter.art. 23 preventive measures in special cases, the confederation may implement or support measures aimed at protecting the swiss abroad from falling into situations of need.section 2 conditions for social assistance art. 24 subsidiarity social assistance is only granted to the swiss abroad if they are unable to support themselves on their own and with their own resources, with financial assistance from private sources or with assistance from the receiving state.art. 25 multiple nationality the swiss abroad with multiple nationalities are not usually granted social assistance if a non-swiss nationality takes precedence.art. 26 grounds for exclusion social assistance may be refused or withdrawn if applicants:a.have seriously damaged swiss public interests;b.deliberately provide false or incomplete information in order to obtain or attempt to obtain social assistance benefits;c.refuse to provide the social service authorities with information about their personal circumstances or to authorise them to obtain information;d.do not meet the applicable conditions or requirements or if they fail to report significant changes in their circumstances;e.obviously neglect to do everything reasonable to improve their situation;f.misuse social assistance benefits.section 3 social assistance benefits art. 27 type and amount 1 the type and amount of social assistance benefits are determined by the specific conditions in the receiving state, taking into account the basic needs of swiss nationals living there.2 the confederation may grant additional social assistance to the swiss abroad who receive social assistance benefits from the receiving state, in compliance with the principle set out under paragraph 1.art. 28 conditions and requirements social assistance payments may be subject to conditions and requirements.art. 29 assignment and pledging 1 social assistance benefits granted by the confederation may not be assigned or pledged. 2 any assignment or pledging of social assistance benefits shall be null and void.art. 30 returning to switzerland 1 the persons in need may be advised to return to switzerland if it is in their or their family's interests to do so. in such cases, the confederation shall not or shall no longer pay social assistance benefits abroad.2 in the event of a return to switzerland, the confederation covers the travel costs. it may also cover them if the persons in need decide to return to switzerland of their own accord.art. 31 funeral costs the confederation may cover the costs of a proper funeral for swiss nationals who die abroad and who are without means, provided neither their relatives nor the receiving state pay the costs.section 4 procedure art. 32 application 1 the swiss abroad apply for social assistance from the confederation through the competent representation.2 the representation then reviews and completes the application and transfers it together with a report and request to the consular directorate (cd) at the fdfa.art. 33 decision 1 the cd then decides whether to accept applications and issues a commitment to provide the approved social assistance.2 in urgent cases, the representation grants the essential emergency aid and notifies the cd.3 the cd may authorise representations to grant additional social assistance on their own initiative.art. 34 involvement of aid organisations the representations may involve swiss aid organisations abroad.section 5 repayment art. 35 repayment obligation 1 social assistance recipients must repay the social assistance benefits if they no longer require them and are able to support themselves and their families.2 social assistance benefits obtained by persons before the age of majority or after this point for education or training purposes do not have to be repaid.3 persons who obtain social assistance benefits for themselves or others by deliberately providing false or incomplete information must repay them in all cases.4 heirs must repay social assistance benefits obtained by the testator, insofar as they inherit money from the estate.5 the cd decides whether social assistance must be repaid or not. it may waive repayment fully or in part if the circumstances warrant it.art. 36 time limitation of repayment obligation and non-interest-bearing nature 1 social assistance benefits may be claimed back up to ten years after the last payment, unless the receivable was stipulated contractually or by the cd.2 requests for repayment do not bear interest.section 6 cost distribution art. 37 1 the confederation bears the costs of the social assistance benefits paid under this chapter.2 the competent public body in the canton of origin bears the costs that another country may claim back from switzerland under a assistance agreement.chapter 5 support of swiss abroad institutions art. 38 1 the confederation may support institutions that promote relations between swiss abroad and their ties to switzerland, or that provide assistance to swiss abroad.2 in particular, it may grant financial support to the organisation for the swiss abroad to safeguard the interests of the swiss abroad and to provide them with information.3 the fdfa may conclude service agreements with the institutions referred to under paragraph 1; such agreements stipulate the rights and obligations of the institutions and the financial assistance granted by the confederation.title 3 consular protection and other consular services for persons abroad chapter 1 consular protection section 1 requirements art. 39 natural persons 1 consular protection may be granted to the following natural persons:a.the swiss abroad and swiss citizens who are spending time abroad temporarily; b.persons for whom switzerland has a protection function.2 it may also be granted to swiss citizens with multiple nationalities, provided support is not already being provided by another country. 3 if persons hold the nationality of the receiving state as well as swiss nationality, they may receive consular protection from switzerland provided the receiving state does not oppose it.art. 40 legal entities 1 consular protection may be granted to legal entities that: a.are subject to, and organised in accordance with, swiss law; and b.their actual centre of administration is in switzerland.2 it may also be granted on a subsidiary basis to legal entities abroad, provided they are controlled by a swiss citizen or legal entity in accordance with paragraph 1, and provided the receiving state does not oppose it.3 persons are deemed to control a legal entity in accordance with paragraph 2 if they:a.directly hold a majority of the votes in the highest decision-making body thereof;b.directly hold the right to appoint or remove a majority of the members of the highest executive or management body thereof; orc.in accordance with the articles of incorporation, foundation charter, a contractual agreement, or similar instrument, are able to exert a controlling influence thereon.art. 41 protection of foreign interests 1 the confederation may protect the interests of individuals or legal entities from a foreign country. the federal council has decision-making authority in this regard.2 protection of such interests may not go beyond the protection granted to swiss nationals.section 2 subsidiarity, limitation and liability of the confederation art. 42 subsidiarity the confederation may also assist natural persons and legal entities abroad if they cannot reasonably or are not in a position to safeguard their interests on their own or with the help of third parties.art. 43 limitation of consular protection 1 there is no legal entitlement to consular protection.2 the confederation may refuse or limit assistance, in particular if:a.there is a risk that it could be detrimental to the confederation's foreign policy interests;b.it would put others in danger;c.the person concerned has disregarded the confederation's recommendations or has otherwise acted negligently;d.the person concerned has abused assistance provided in the past.3 this does not apply in cases where there is a threat to the life or health of the person concerned.art. 44 confederation liability 1 the liability of the confederation, subject to paragraph 2, complies with the government liability act of 14 march 19586.2 the confederation is not liable:a.for recommendations published and assistance provided;b.if the persons concerned disregard the confederation's recommendations or otherwise act negligently.6 sr 170.32section 3 assistance art. 45 general support when abroad 1 general support comprises in particular assistance in the event of illness or accident or for victims of serious crime.2 in individual cases the confederation may take part in search and rescue operations.3 if, in the course of providing support, the confederation is notified of the death of a swiss citizen domiciled in switzerland by the authorities of the receiving state, it shall inform the person's next of kin.4 in legal proceedings abroad, the representations may recommend local legal assistance without liability.5 the representations may take action via consular and diplomatic channels with the local and central authorities of the receiving state.art. 46 imprisonment 1 if a representation learns that a person has been imprisoned abroad, it shall ask the authorities of the receiving state about the reasons behind the imprisonment.2 the representation shall endeavour, in particular:a.to contact or to visit the person concerned, provided it is appropriate or the person concerned has requested it;b.to ensure that the right to decent conditions of imprisonment, the procedural guarantees and the right of defence of the person concerned are respected. art. 47 emergency loans the confederation may grant repayable interest-free loans to natural persons in distress who are temporarily residing abroad: a.to cover the costs of their journey home;b.as interim assistance;c.to cover hospital or medical costs.art. 48 crisis situations 1 every representation has crisis measures in place, in particular for armed conflicts, terrorist attacks, political unrest, traffic accidents and natural disasters.2 the fdfa and the representation shall inform natural persons and their relatives in the event of a crisis situation and provide support within the scope of what is feasible.3 the fdfa's security recommendations must be heeded. in the case of ongoing crisis situations, the fdfa may recommend leaving the crisis region. the decision to leave the crisis region is made voluntarily and at the own risk and expense of the person travelling.4 the confederation may take part in the search and rescue operations of the receiving state or of other countries.5 in certain crisis situations, in particular in the case of armed conflicts and political unrest, it may grant natural persons and legal entities safe conduct to protect their personal safety and that of their property.6 in the case of war or serious unrest, it may grant temporary financial support to natural persons who have lost their livelihoods abroad through no fault of their own.art. 49 kidnappings and hostage-taking 1 the confederation may provide support to natural persons who are the victims of a kidnapping or hostage-taking abroad.2 if a representation learns that a kidnapping or hostage-taking has occurred, it shall seek support locally. in particular, it shall call on the competent authorities of the receiving state to take the necessary action.chapter 2 other consular services section 1 consular services offered by the fdfa art. 50 administrative services 1 the fdfa provides consular services of an administrative nature that are not regulated in other laws or are not provided by other official bodies, in particular attestations, confirmations, certificates issued by representations, deposits with representations or submissions to the swiss authorities via representations.2 the federal council regulates these services in an ordinance.art. 51 advice on emigrating and returning to switzerland 1 the fdfa runs a counselling service on emigrating and returning to switzerland, in particular in accordance with article 25 paragraph 1 of the recruitment act of 6 october 19897.2 the counselling service provides information on entry and living conditions to swiss nationals returning to switzerland from abroad.7 sr 823.11art. 52 navigation matters the representations provide consular services on navigation matters in accordance with articles 43, 56, 57, 59, 65, 82, 119 and 120 of the navigation act of 23 september 19538.8 sr 747.30section 2 consular services within the jurisdiction of other departments art. 53 civil status 1 the fdfa ensures coordination between the representations and the offices responsible for civil status within the federal office of justice (foj).2 the representations perform tasks related to the civil status of swiss nationals abroad. for this purpose they work with the foj and make the modifications in the register of the swiss abroad.art. 54 citizenship 1 the fdfa assists the state secretariat for migration9 in citizenship matters.2 the representations shall cooperate in particular in clarifications of facts and circumstances abroad in accordance with articles 7, 21 paragraphs 2 and 4, 26 and 27 of the swiss citizenship act of 20 june 201410.119 this name was modified as of 1 sept. 2016 pursuant to art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512).10 sr 141.011 see art. 68 below.art. 55 identity papers the fdfa supports the federal office of police with the issue, withdrawal and in the event of loss of identity documents abroad in accordance with articles 4-6, 7 and 8 of the federal identity documents act of 22 june 200112.12 sr 143.1art. 56 military registration 1 military service by the swiss abroad and swiss citizens with multiple nationalities is governed by articles 4, 5 and 27 paragraph 2 of the armed forces act of 3 february 199513.2 in military matters, the representations provide the following consular services in particular:a.transmitting requests for dispensation from military service while abroad by swiss nationals who failed to submit a request when they left switzerland;b.issuing fact sheets on military service to swiss nationals who are registered with a representation and reach the age of majority;c.providing information to swiss abroad who wish to complete their recruitment, basic military training, and refresher courses voluntarily in switzerland;d.providing information to swiss nationals with multiple nationalities about military service and about recognition of military service within the framework of bilateral agreements.13 sr 510.10art. 57 old age, survivors' and invalidity insurance the fdfa assists the swiss compensation office and the invalidity insurance office for people living abroad with the provision of voluntary insurance cover when abroad in accordance with:a.article 2 (voluntary insurance) of the federal act of 20 december 194614 on the old-age and survivors' insurance;b.article 1b (insured persons) of the federal act of 19 june 195915 on invalidity insurance.14 sr 831.1015 sr 831.20title 4 funding, fees and reimbursement of costs art. 58 funding the federal assembly approves the payment framework for a multi-year contribution period with a single federal decree in accordance with;a.article 21 (support measures);b.article 37 paragraph 1 (social assistance);c.article 38 (support of swiss abroad institutions);d.article 47 (emergency loans).art. 59 fees the federal council shall issue provisions in terms of article 46a paragraphs 2-4 of the government and administration organisation act of 21 march 199716 regarding the charging of appropriate fees for decisions, services and other official activities under this act.16 sr 172.010art. 60 reimbursement of costs 1 the persons who have caused consular services to be carried out shall reimburse the costs to the confederation. 2 persons are also liable for cost reimbursement if the federal government performs a service without being requested to do so by the persons concerned, but in accordance with their presumed wishes and interests.3 the federal council shall regulate the details and exceptions.art. 61 waiving of fees or cost reimbursement fees or cost reimbursement may be deferred or waived in part or in full in case of need or for other good cause. if fees or cost reimbursement are waived in part or in full, account must be taken of whether the persons concerned have acted negligently.title 5 final provisions art. 62 administration of justice the appeals procedure is governed by the general provisions on the administration of federal justice.art. 63 implementation 1 the federal council shall implement this act.2 it shall enact the implementing provisions.3 the cantonal implementing provisions require the approval of the confederation in order to be valid.art. 64 cooperation and delegation of powers 1 the official bodies of the confederation, the cantons and communes work together without payment. the fdfa may conclude service agreements with cantonal authorities for extraordinary services.2 the offices of the confederation and the representations may collaborate with foreign authorities within the scope of their respective powers.3 the federal council may conclude agreements under international law regarding consular services.4 it may authorise private legal entities that operate in a specific territory to issue visas or to perform other specific consular services if switzerland does not have a competent diplomatic representation in the territory in question. for this purpose it may conclude service agreements.art. 65 statistics the federal council may order statistical surveys required for application of this act and have the data analysed by the federal statistical office or the fdfa in accordance with article 4 of the federal act of 24 march 200017 on the processing of personal data within the federal department of foreign affairs, the federal statistics act of 9 october 199218 and article 15 paragraph 1 of the register harmonisation act of 23 june 200619.17 sr 235.218 sr 431.0119 sr 431.02art. 66 repeal and amendment of current legislation the repeal and amendment of current legislation is regulated in the annex.art. 67 transitional provision benefits granted by the confederation under the current law shall continue to be paid after this act comes into force.art. 68 coordination with the swiss citizenship act of 20 june 2014 on the commencement of this act, or of the swiss citizenship act of 20 june 201420, whichever is later, or on the simultaneous commencement of both, article 54 paragraph 2 of this act is worded as follows:. 2120 sr 141.0. in force since 1 jan. 2018 (as 2016 2561).21 text inserted above.art. 69 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 november 20152222 fcd of 7 oct. 2015.annex (art. 66)repeal and amendment of current legislation ithe following legislation is repealed:a.federal act of 19 december 197523 on the political rights of swiss citizens abroad;b.federal act of 21 march 197324 on social assistance and loans to swiss citizens abroad; c.federal resolution of 22 june 196225 on the granting of a federal guarantee against loss to the cooperative society solidarity fund for swiss nationals abroad.iithe amendment of 17 june 201126 to the federal act of 19 december 197527 on the political rights of swiss citizens abroad (simplified registration renewal) ceases to apply.iiithe following legislation is amended as follows:.2823 [as 1976 1805, 1991 2388, 2002 3193, 2007 4637 no i 2, 2009 5685 no i 1, 2011 725 annex no 4]24 [as 1973 1976, 2000 1915 annex no 2, 2008 3437 no ii 48, 2009 5685 no i 2, 2011 725 annex no 34, 2014 3789 no i 5]25 [as 1962 1185]26 bbl 2011 483927 as 1976 180528 the amendments can be consulted under as 2015 3857.

211.231 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the registered partnership between same-sex couples(same-sex partnership act, sspa)of 18 june 2004 (status as of 1 january 2018)the federal assembly of the swiss confederation,based on articles 38 paragraph 2, 112 paragraph 1, 113 paragraph 1, 119 paragraph 2, 121 paragraph 1, 122 paragraph 1, 123 paragraph 1, 128 paragraph 1 and 129 paragraph 1 of the federal constitution1, and having considered the federal council dispatch dated 29 november 20022,decrees:1 sr 1012 bbl 2003 1288chapter 1 general provisions art. 1 object this act regulates the establishment, effects and dissolution of registered partnerships between same-sex couples.art. 2 principle 1 two persons of the same sex may register their partnership.2 they unite in a partnership with reciprocal rights and obligations.3 their civil status is: in a registered partnership.chapter 2 registration of the partnership section 1 requirements and grounds for refusing registration art. 3 requirements 1 both partners must have reached the age of 18 and be capable of judgement.2 .33 repealed by annex no 8 of the fa of 19 dec. 2008 (adult protection, law of persons, law of children), with effect from 1 jan. 2013 (as 2011 725; bbl 2006 7001).art. 4 grounds for refusing registration 1 direct relatives, siblings and half-siblings may not enter into a registered partnership.2 both partners must prove that they are not already in a registered partnership or married.section 2 procedure art. 5 application 1 the application for a registered partnership must be submitted to the civil register office at the domicile of one of the two partners.2 the two partners must appear in person. if this is clearly unreasonable for them, the preliminary procedure may be conducted in writing.3 the two partners shall submit the necessary documents. they must explain in person to the civil register office that they meet all the conditions for registering a partnership.4 partners who are not swiss citizens must provide evidence during the preliminary procedure that their residence in switzerland is lawful.44 inserted by no ii 2 of the fa of 12 june 2009 (prohibition of marriage in cases of unlawful residence), in force since 1 jan. 2011 (as 2010 3057; bbl 2008 2467 2481).art. 6 examination 1 the competent civil register office shall check whether the conditions for registration have been fulfilled and whether there are any grounds for refusal or circumstances which indicate that the application for registration is clearly not in accordance with the free will of the partners.52 the civil registrar shall reject the application if either or both partners clearly do not wish to establish a domestic partnership, but wish to circumvent the regulations on the admission and residence of foreign nationals.63 in the cases referred to in paragraph 2, the civil registrar shall hear the partners and may obtain information from other authorities or third parties.74 the civil registrar shall notify the competent authority of the identity of partners who have not provided evidence of their lawful residence in switzerland.85 amended by no i 4 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).6 inserted by annex no ii 5 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437; bbl 2002 3709).7 inserted by annex no ii 5 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437; bbl 2002 3709).8 inserted by no ii 2 of the fa of 12 june 2009 (prohibition of marriage in cases of unlawful residence), in force since 1 jan. 2011 (as 2010 3057; bbl 2008 2467 2481).art. 7 form 1 the civil registrar shall notarise the declaration of intent of both partners and have both sign the document.2 the notarisation of a registered partnership is public.art. 8 implementing provisions the federal council issues the implementing provisions.section 3 nullity art. 9 unlimited nullity 1 any person who has an interest may at any time bring an action before the court to have the registered partnership declared null and void if:a.either of the partners was not capable of judgement at the time the partnership was registered and has not become capable of judgement since then;b.the registration infringed article 4;c.9either of the partners does not wish to establish a domestic partnership, but wishes to circumvent the regulations on the admission and residence of foreign nationals;d.10either of the partners did not give their free consent to the registration of the partnership;e.11either of the partners is a minor, unless the purpose of the registration meets the overriding interests of this partner.2 while a registered partnership is in existence, the action shall be instituted ex officio by the competent authority at the partners' place of residence. insofar as this is compatible with their duties, the federal and cantonal authorities shall notify the authority responsible for the action if they have reason to believe that grounds for nullity exist.129 inserted by annex no ii 5 of the fa of 16 dec. 2005 on foreign nationals, in force since 1 jan. 2008 (as 2007 5437; bbl 2002 3709).10 inserted by no i 4 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).11 inserted by no i 4 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).12 last sentence inserted by no i 4 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).art. 10 limited nullity 1 either partner may bring an action before the court to have the registered partnership declared null and void on the grounds of vitiated consent.2 the action for nullity must be filed within six months of acquiring knowledge of vitiated consent, but no later than five years after registration.3 if the claimant dies during the proceedings, an heir may continue the proceedings.art. 11 effects of the judgment of nullity 1 the registered partnership shall cease to be valid on the date on which the judgment of nullity takes legal effect.2 inheritance claims shall lapse retroactively. otherwise, the provisions on the effects of legal dissolution apply mutatis mutandis.chapter 3 effects of the registered partnership section 1 general rights and obligations art. 12 support and consideration the two partners shall offer each other support and show consideration for each other.art. 12a13 surname 1 the partners are not required to change their surnames.2 when registering the partnership, however, they may declare to the registrar that they wish to use the surname of one of the partners as their common name.13 inserted by no ii 2 of the fa of 30 sept. 2011 (names and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).art. 13 living expenses 1 the two partners shall each contribute, as far as they are able, to the proper maintenance of their partnership. in addition, articles 163-165 of the civil code (cc)14 apply mutatis mutandis.152 if they cannot agree, the court shall on request determine the financial contributions towards maintenance. the contributions may be claimed for the future and for the year before filing the claim.3 if a partner does not fulfil his or her duty of maintenance, the court may instruct his or her debtors to make the payments in whole or in part to the other partner.14 sr 21015 second sentence inserted by annex no 1 of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).art. 14 joint home 1 a partner requires the express consent of the other partner in order to terminate a lease, sell the joint home, or restrict the rights to the joint living area through other legal transactions.2 if consent cannot be obtained or is refused for no valid reason, the matter may be taken to court.art. 15 representation of the partnership 1 while cohabiting, both partners represent the partnership with regard to their day-to-day needs.2 a partner may represent the partnership with regard to the other needs of the union only if:a.authorised so to do by the other person or by court order; orb.the interests of the partnership brook no delay and the other person is unable to consent due to illness, absence or other similar reasons.3 each partner is personally liable for his or her own actions and, to the extent that these do not exceed his or her powers of representation in a manner apparent to third parties, also renders the other person jointly and severally liable for such actions.4 if a partner exceeds his or her power to represent the partnership or proves incapable of exercising it, at the other partner's request the court may revoke such power in whole or in part. the revocation is effective towards third parties acting in good faith only if it has been made public by order of the court.art. 16 obligation to provide information 1 the partners must provide each other with information on their respective incomes, assets and debts.2 on request, the court may order a partner or a third party to furnish the information required and to produce the necessary documents.3 this does not apply to any information held by lawyers, solicitors, doctors, clergy and their auxiliary staff which is subject to professional confidentiality.art. 17 termination of cohabitation 1 each partner is entitled to terminate cohabitation for good cause.2 on request, the court must:a.determine the monetary contributions which the partners owe each other;b.issue rules on the use of the home and the household effects.3 a partner may also make such request if the other partner refuses to cohabit without good cause.3bis if a partner has adopted a minor child from the other partner, the court must take the necessary steps in accordance with articles 270-327c cc16.174 if circumstances change, at the request of either partner, the court shall modify the measures or revoke the same.16 sr 21017 inserted by annex no 1 of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).section 2 property law art. 18 assets 1 each partner has his or her own assets.2 each partner shall be use his or her own assets to cover his or her own debts.art. 19 proof 1 any person who asserts that a specific object or asset is owned by one or other partner bears the burden of proof.2 if no such proof may be adduced, there is a presumption of co-ownership.art. 20 inventory 1 each partner may at any time require the other's cooperation in drawing up an inventory of their joint assets in the form of a public deed.2 such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.art. 21 management mandate where one partner expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed.art. 22 restriction of power to dispose of assets 1 to the extent required to ensure the partnership's financial security or fulfilment of a financial obligation arising from the registered partnership, at the request of either partner the court may make the other partner's power to dispose of certain assets conditional on the petitioning partner's consent and take protective measures.2 if the measure concerns immovable property, the court shall record it in the land register.art. 23 debts between partners 1 if there are debts between the partners and the debtor has serious difficulties in repaying his or her debt, the debtor may request an extension of time, provided that this is reasonable for the other partner.2 the claim shall be secured, where circumstances so require.art. 24 allocation of co-ownership where one partner proves an overriding interest in an asset in co-ownership, notwithstanding any other legal measures available, he or she may request the undivided allocation of this asset in return for paying compensation to the other partner on dissolution of the registered partnership.art. 25 property agreement 1 the two partners may enter into an agreement on specific arrangements for the event that the registered partnership is dissolved. in particular, they may agree that the assets be divided in accordance with articles 196-219 of the swiss civil code18.192 such agreements may not affect the statutory entitlements of the issue of a deceased partner.3 the property agreement must be drawn up and certified in due legal form, and signed by the parties and, where applicable, by the legal representative.4 articles 185 and 193 cc apply accordingly.18 sr 21019 second sentence amended by annex no 1 of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).section 3 specific effects art. 26 marriage a person living in a registered same-sex partnership may not enter into a marriage.art. 27 children of the partner 1 if a person has children, his or her partner shall provide him or her with reasonable assistance in the fulfilment of the duty of maintenance and in the exercise of parental authority and shall represent him or her if the circumstances so require. parental rights, however, shall be respected in all cases.2 the guardianship authority may, subject to the requirements of article 274a cc20 grant rights of contact with the child in the event that the partners no longer cohabit and the registered partnership is dissolved.20 sr 210art. 27a21 adoption of step-children where a person has adopted the minor child of his or her partner, articles 270-327c cc22 apply by analogy. 21 inserted by annex no 1 of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).22 sr 210art. 2823 adoption and reproductive medicine persons who live in a registered partnership are not permitted to adopt together or to undergo medically assisted reproductive procedures.23 amended by annex no 1 of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).chapter 4 judicial dissolution of a registered partnership section 1 requirements art. 29 joint application 1 if both partners request the dissolution of the registered partnership, the court shall hear the parties and examine whether the request is based on free will and mature reflection and whether an agreement on the dissolution can be approved.2 if this is the case, the court shall pronounce the dissolution of the registered partnership.3 the partners may jointly request that the court decide in the dissolution judgement on those effects of the dissolution which they cannot agree on.art. 30 right to bring the action either partner may demand the dissolution of the registered partnership if the partners have been living separately for at least one year at the time the action is brought.section 2 consequences art. 30a24 surname the person who has changed their surname on the registration of the partnership retains that surname following dissolution; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the registration of the partnership.24 inserted by no ii 2 of the fa of 30 sept. 2011 (names and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).art. 31 inheritance law 1 once the registered partnership is dissolved, the partners' statutory right to inherit from each other no longer applies.2 no rights may be claimed based on testamentary dispositions executed before the dissolution proceedings were brought.art. 32 division of the common home 1 if for good cause a person must remain in the common home, the court may transfer the rights and obligations under the tenancy agreement to that person provided this is not inequitable for the other.2 the previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years. if an action is brought to recover rent due, he or she is entitled to set off the amount paid against any maintenance payments in instalments equal to the amount of the monthly rent.3 if the home belongs to one of the partners, the court may, on the conditions under paragraph 1, grant the other person a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. where new and compelling reasons so require, the right of residence may be restricted or revoked.art. 33 occupational pension scheme the withdrawal benefits acquired under the occupational pension scheme throughout the registered partnership are divided in accordance with the occupational pension scheme regulations under divorce law.art. 34 maintenance payments 1 after the dissolution of the registered partnership, each partner is basically responsible for his or her own maintenance.2 a person who, due to the division of duties, has been unable or had limited opportunity to work during the registered partnership, may demand appropriate maintenance payments from their partner until they can maintain themselves from their own gainful activity.3 furthermore, a person may demand appropriate maintenance payments if they become indigent due to the dissolution of the registered partnership and the partner can be expected to pay the maintenance payments in the overall circumstances.4 article 125 paragraphs 2 and 3 as well as 126-134 cc25 is otherwise applicable mutatis mutandis.2625 sr 21026 amended by annex no 1 of the fa of 17 june 2016 (adoption), in force since 1 jan. 2018 (as 2017 3699; bbl 2015 877).art. 3527 27 repealed by annex 1 no ii 4 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).chapter 5 final provisions art. 36 amendment of current legislation the amendment of current legislation is regulated in the annex.art. 37 coordination with amendments to other legislation .2828 the coordination provisions may be consulted under as 2005 5685.art. 37a29 transitional provision to the amendment of 30 september 2011 if the partnership was registered before the amendment of 30 september 2016 of the swiss civil code comes into force, the partners may, within one year of this amendment coming into force declare to the civil registrar that they wish bear the surname of one of the partners as the family surname.29 inserted by no ii 2 of the fa of 30 sept. 2011 (names and citizenship), in force since 1 jan. 2013 (as 2012 2569; bbl 2009 7573 7581).art. 38 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 20073030 fcd of 9 dec. 2005.annex (art. 36)amendment of current legislation the federal acts listed below are amended as follows:.3131 the amendments may be consulted under as 2005 5685.

211.222.32 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on international child abduction and the hague conventions on the protection of children and adultsof 21 december 2007 (status as of 1 july 2009)the federal assembly of the swiss confederation,based on article 122 of the federal constitution 1;in implementation of the hague convention of 25 october 19802 on the civil aspects of international child abduction (1980 hague convention) andof the european convention of 20 may 19803 on recognition and enforcement of decisions concerning custody of children and on restoration of custody of children (1980 european convention);in implementation of the hague convention of 19 october 19964 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (1996 hague convention) and the hague convention of 13 january 20005 on the international protection of adults (2000 hague convention);and having considered the federal council dispatch of 28 february 20076,decrees:1 sr 1012 sr 0.211.230.023 sr 0.211.230.014 rs 0.211.231.0115 rs 0.211.232.16 bbl 2007 2595section 1: general provisions art. 1 federal central authority 1 the federal office of justice ("the office") is the federal central authority in charge of implementing the conventions listed in the preamble.2 the office shall perform the tasks set out in the 1980 hague convention and the 1980 european convention.3 under the 1996 and 2000 hague conventions, the office's tasks shall be:a.to transmit communications from abroad to the cantonal central authority;b.to provide information on swiss law and child protection services in switzerland to foreign authorities;c.to represent switzerland before central authorities in other countries;d.to advise the cantonal central authorities on these conventions and to ensure their application;e.to promote cooperation between cantonal central authorities, cooperation with experts and institutions under article 3 and with the central authorities of contracting states.art. 2 cantonal central authorities 1 each canton shall designate a central authority responsible for implementation of the 1996 and 2000 hague conventions.2 unless article 1 paragraph 3 stipulates otherwise, the cantonal central authorities are responsible for the tasks given to central authorities by the conventions.3 the cantonal central authorities or other authorities designated by the cantons shall on request issue the certificates provided for in article 40 paragraph 3 of the 1996 hague convention and in article 38 paragraph 3 of the 2000 hague convention.section 2: international child abduction art. 3 experts and institutions 1 the federal central authority shall, in cooperation with the cantons, see to the establishment of a network of experts and institutions that are in a position to provide advice, to carry out conciliation or mediation, to represent individual children, and that are capable of acting expeditiously.2 the federal central authority may entrust the tasks mentioned in paragraph 1 to a private body, which it may pay by reimbursing the expenses incurred or at a fixed rate.art. 4 conciliation or mediation procedures 1 the central authority may initiate a conciliation or mediation procedure in order to obtain the voluntary return of the child or to facilitate an amicable resolution.2 the central authority shall, in an appropriate manner, encourage the persons concerned to participate in the conciliation or mediation procedure.art. 5 return and best interests of the child under article 13 paragraph 1 letter b of the 1980 hague convention, the return of a child places him or her in an intolerable situation where:a.placement with the parent who filed the application is manifestly not in the child's best interests;b.the abducting parent is not, given all the circumstances, in a position to take care of the child in the state where the child was habitually resident immediately before the abduction or this cannot reasonably be required from this parent; andc.placement in foster care is manifestly not in the child's best interests.art. 6 protective measures 1 the court dealing with the application for the return of the child shall decide, as required, on the child's personal relations with his or her parents and order the measures necessary to ensure his or her protection.2 where the application for return has been received by the central authority, the competent court may at the request of the central authority or any of the parties order the appointment of a representative for the child, the appointment of a guardian, or other protective measures even if the application for return has not yet been received by the court.art. 7 competent court 1 the supreme court of the canton where a child is resident at the moment when the application for return is lodged is the sole court competent to deal with applications for return, including protective measures.2 the court may transfer the case to the supreme court of another canton if the parties and the court in question consent.art. 8 court procedure 1 the court shall initiate conciliation or mediation procedures with a view to obtaining the voluntary return of the child or to achieving an amicable resolution if the central authority has not already done so.2 when conciliation or mediation does not result in an agreement leading to the withdrawal of the application for return, the court shall decide using a summary procedure.3 the court shall inform the central authority of the essential steps in the procedure.art. 9 hearing and representation of the child 1 as far as possible, the court shall hear the parties in person.2 the court shall hear the child in an appropriate manner or appoint an expert to carry out this hearing unless the age of the child or another valid reason prevents this.3 the court shall order that the child be represented and designate as a representative a person experienced in welfare and legal matters. this person may file applications and lodge appeals.art. 10 international cooperation 1 the court shall cooperate as required with the authorities of the state in which the child had his or her habitual residence before abduction.2 the court, if necessary with the cooperation of the central authority, shall satisfy itself whether and in what way it is possible to execute the decision ordering the return of the child to the state in which he or she was habitually resident before abduction.art. 11 decision ordering the return of a child 1 the decision ordering the return of a child must include instructions for its execution and be communicated to the authority responsible for its execution and to the central authority.2 a decision ordering the return of a child and the instructions for execution apply throughout swiss territory.art. 12 execution of the decision 1 the cantons shall designate a single authority responsible for executing the decision.2 the authority shall take account of the best interests of the child and endeavour to obtain the voluntary execution of the decision.art. 13 amending the decision 1 the court may, on request, modify the decision ordering the return of a child if the circumstances that would preclude return change significantly. 2 the court may also decide to discontinue execution proceedings.art. 14 costs article 26 of the 1980 hague convention and article 5 paragraph 3 of the 1980 european convention apply to the costs of the conciliation or mediation proceedings, the court proceedings and the procedure for the execution of the decision at the cantonal and federal levels.section 3: final provisions art. 15 amendment of current law .77 the amendments may be consulted under as 2009 3078.art. 16 transitional provision the provisions of this act relating to international child abduction also apply to applications for the return of a child pending before the cantonal authorities at the time when this act enters into force.commencement date: 1 july 200988 federal council decree of 6 march 2009 (as 2009 3083).

211.223.13 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton compulsory social measures and placements prior to 1981(csmpa)of 30 september 2016 (status as of 1 july 2021)the federal assembly of the swiss confederation,on the basis of articles 122 paragraph 1, 124 and 173 paragraph 2 of the federal constitution1,and having considered the federal council dispatch dated 4 december 20152,decrees:1 sr 1012 bbl 2016 101section 1 general provisions art. 1 purpose, scope and subject matter 1 the aim of this act is to acknowledge and redress the injustice suffered by victims of compulsory social measures and placements in switzerland prior to 1981.2 it also applies to persons affected by measures arranged prior to 1981 but implemented thereafter.3 it regulates:a. the solidarity contribution for the benefit of victims;b. the archiving and inspection of files;c. counselling and support for the persons affected;d. the academic inquiry and measures to raise public awareness;e. further measures in the interests of the persons affected. art. 2 definitions in this act:a. compulsory social measures means measures for the protection or raising of children, adolescents or adults arranged by public authorities in switzerland prior to 1981 and implemented by such authorities or on their behalf and under their supervision;b. placement means the placing arranged by public authorities or private individuals of children and adolescents outside their families in homes or institutions, with foster families, or in commercial or agricultural workplaces prior to 1981 in switzerland;c. person affected means a persons affected by compulsory social measures or placements; d. victim means persons affected whose physical, psychological or sexual integrity or mental development was directly and seriously impaired, in particular through:1. physical or psychological violence,2. sexual abuse,3. forced removal of a child from his or her mother and release for adoption, 4. forced or surreptitious administration of medication or medical experimentation,5. forced or surreptitious sterilisation or abortion,6. economic exploitation by placing excessive demands on persons required to work or by failing to pay an adequate wage,7. deliberate prevention of personal growth and development,8. social stigmatisation;e. family member means the spouse or registered partner of a person affected, his or her children and parents and other persons who are closely related in a similar way.art. 3 acknowledgement of the injustice the confederation acknowledges that the victims suffered injustice that affected their entire lives.section 2 solidarity contribution art. 4 principles 1 victims have the right to a solidarity contribution. this is a sign of the acknowledgement of the injustice done to them and is intended as a contribution towards making amends.2 more extensive rights to damages or satisfaction are excluded.3 the solidarity contribution shall be paid in response to an application.4 all victims shall receive the same amount. contributions paid as voluntary emergency aid to victims in difficult financial circumstances shall not be taken into account in the amount of the solidarity contribution paid.5 the right to the solidarity contribution is personal; it may not be bequeathed or assigned. if a victim dies after submitting an application, the contribution becomes part of the deceased's estate.6 the following also applies to the solidarity contribution:a. the contribution is treated under tax law as a satisfaction payment under article 24 letter g of the federal act of 14 december 19903 on direct federal taxation and under article 7 paragraph 4 letter i of the federal act of 14 december 19904 on the harmonisation of direct taxation at cantonal and communal levels.b. it is treated under debt enforcement law as a satisfaction payment under article 92 paragraph 1 number 9 of the federal act of 11 april 18895 on debt enforcement and bankruptcy. c.6 it does not lead to a reduction in social assistance benefits, in benefits under the federal act of 6 october 20067 on benefits supplementary to the old age, survivors and invalidity insurance (sba), or to benefits under the federal act of 19 june 20208 on bridging payments for older unemployed persons.3 sr 642.114 sr 642.145 sr 281.16 amended by annex no 1 of the fa of 19 june 2020 on bridging payments for older unemployed persons, in force since 1 july 2021 (as 2021 373; bbl 2019 8251).7 sr 831.308 sr 837.2art. 5 applications 1 applications to be granted the solidarity contributions must be submitted to the competent authority.92 applicants must provide credible evidence that they are victims as defined in this act. for this purpose, they shall enclose files and other documents or information with their application that provide other suitable proof of their victim status.9 amended by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), in force since 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).art. 6 examination of applications and decision 1 the competent authority shall examine the applications and decide whether to grant the solidarity contributions. 2 it may process sensitive personal data under article 3 letter c of the federal act of 19 june 199210 on data protection to the extent required to fulfil its task.3 it shall consult the advisory committee (art. 18 para. 2) before making its decision.4 .1110 sr 235.111 repealed by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), with effect from 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).art. 712 amount and payment 1 the solidarity contribution amounts to 25,000 swiss francs for each victim.2 it is paid to victims whose applications have been approved.12 amended by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), in force since 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).art. 8 legal protection 1 an objection to the rejection of an application may be filed with the competent authority within thirty days.2 the general provisions on the administration of federal justice also apply.art. 9 financing13 1 the solidarity contributions shall be financed by:a. the confederation;b. voluntary donations from the cantons;c. other voluntary donations.2 .143 the following applies to donations under paragraph 1 letters b and c:a. they are entered as revenue in the state financial statements.b. they are earmarked in terms of article 53 of the financial budget act of 7 october 200515.13 amended by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), in force since 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).14 repealed by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), with effect from 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).15 sr 611.0section 3 archiving and inspection of files art. 10 archiving 1 the authorities of the confederation, the cantons and the communes shall ensure that files on compulsory social measures and placements prior to 1981 are held in safekeeping. the federal council shall regulate the safekeeping of such files, determining in particular for how long and in what form they are to be kept.2 they may not use the files to take decisions that are prejudicial to the persons affected.3 the authorities of the confederation and the cantons shall assign protective periods to files containing personal data that take account of the legitimate interests of the persons affected, their family members, and research.4 institutions that were involved in compulsory social measures or placements and which are not bound under cantonal law by the canton's information, data protection and archiving legislation are subject to the provisions of the information, data protection and archiving legislation of their canton of domicile. these institutions shall ensure that their files are professionally secured, evaluated, indexed and held in safekeeping.art. 11 inspection of files 1 persons affected have the right to access the files related to them free of charge in a simple procedure. their family members shall acquire this right following their death.2 other persons have the right to access the files if access is required for academic purposes.3 while the protective period applies, access to the files shall be granted only if one of the following requirements is met: a. the person affected requests access to their personal data;b. the person affected consents to disclosure; c. the files are being used for purposes not related to specific persons, in particular for academic or statistical purposes;d. an authority requires the files in order to fulfil its statutory duties;e. other particularly legitimate interests apply.4 persons affected may request that disputed or incorrect content in the files be marked and that a counterstatement be added to the files. no person shall have the right to have files handed over, corrected or destroyed.art. 12 support from the cantonal archives 1 the cantonal archives and other state archives shall support persons affected, their family members and any contact points in their search for files. 2 the cantonal archives shall also support the other state archives and the institutions under article 10 paragraph 4 in the fulfilment of their obligations. art. 13 savings of persons affected 1 the cantonal archives, other state archives and the institutions under article 10 paragraph 4 shall investigate at the request of persons affected whether their archives contain any information on savings of these persons affected. they shall advise and support the persons affected and, following their death, their family members in their search.2 if the files indicate that in the course of compulsory social measures or placements savings were held in a bank, the bank or its legal successor shall make the required enquiries free of charge at the request of the persons affected or, following their death, of their family members. section 4 counselling and support from cantonal contact points art. 14 1 the cantons shall operate contact points for the persons affected. these shall provide counselling to the persons affected and their family members and provide persons recognised by the competent authority as victims with emergency aid and long-term help in terms of article 2 letters a and b victim support act of 23 march 200716 (victim support act).2 the contact points shall assist the persons affected in preparing and submitting their applications for the solidarity contributions.3 persons affected and their family members may go to the contact point of their choice.4 where a canton provides services to persons resident in another canton, it shall receive compensation from that canton. article 18 paragraph 2 of the victim support act applies.16 sr 312.5section 5 academic inquiry and measures to raise public awareness art. 15 academic inquiry 1 the federal council shall arrange for a comprehensive academic inquiry to be conducted into compulsory social measures and placements prior to 1981.2 an independent commission shall conduct the academic inquiry into administrative detention; in doing so, it shall take account of other compulsory social measures and placement cases.3 the results of the academic inquiry shall be published. personal data shall be made anonymous. 4 the competent authority shall work with the commission under paragraph 2 and other bodies responsible for the academic inquiry to ensure that the results of the academic inquiry are published and used. 5 it may, in particular, provide support for the following measures:a. media productions, exhibitions and presentations on the subject;b. inclusion of the inquiry results in teaching materials for compulsory schools and schools at upper secondary level;c. raising the awareness of the general public and public authorities, institutions and private individuals who are involved in compulsory social measures or placements under the current law.art. 16 symbols of remembrance the confederation shall endeavour to ensure that the cantons create symbols of remembrance.section 6 other measures art. 17 the competent authority may take further measures in the interests of the persons affected. they may in particular:a. support the establishment of a platform for search services;b. support self-help projects by organisations for victims and other persons affected. section 7 implementation art. 18 competent authority and advisory committee 1 the federal council shall determine the competent authority in terms of this act. 2 it shall appoint the advisory committee (art. 6 para. 3). victims and other persons affected shall be represented on this committee. art. 19 implementing provisions the federal council shall issue the implementing provisions. in doing so, it shall in particular regulate the details of:a. the procedure for applying for a solidarity contribution (art. 5);b.17 .c. the financing and implementation of additional measures under article 17.17 repealed by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), with effect from 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).section 8 final provisions art. 20 extinction of claims claims that have a direct legal basis in a compulsory social measure or placement and which are directed towards victims or their family members are extinguished by the entry into force of this act.art. 21 repeal and amendment of other legislation 1 the federal act of 21 march 201418 on the rehabilitation of persons subject to administrative detention is repealed.2 .1918 [as 2014 2293]19 the amendment may be consulted under as 2017 753.art. 21a20 transitional provisions to the amendment of 20 december 2019 1 article 4 paragraph 6 letter c as in the amendment of 20 december 2019 also applies to solidarity contributions that are paid out before this amendment comes into force.2 in derogation from article 53 paragraph 2 of the federal act of 6 october 200021 on general aspects of social security law (gssla), decisions on annual supplementary benefits in which a solidarity contribution has been taken into account in the calculation of income in accordance with article 11 sba22 shall be reconsidered at the request of the insured person if this change results in a higher amount of the annual supplementary benefit.3 in derogation from article 24 gssla, the right to subsequent payment of supplementary benefits is not lost as a result of this amendment.20 inserted by no i of the fa of 20 dec. 2019 (guarantee of supplementary benefits to victims), in force since 1 may 2020 (as 2020 1267; bbl 2019 8081 8203).21 sr 830.122 sr 831.30art. 21b23 transitional provision to the amendment of 19 june 2020 applications submitted to the competent authority between 1 april 2018 and the date on which the amendment of 19 june 2020 comes into force shall be deemed to have been submitted on the date that this amendment comes into force. this also applies to applications submitted in the same period that were not considered because the requirements for reinstating the time limit in accordance with article 24 of the administrative procedure act of 20 december 196824 were not met.23 inserted by no i of the fa of 19 june 2020 (abolition of the deadline for submitting applications for solidarity contributions), in force since 1 nov. 2020 (as 2020 4175; bbl 2020 1639 1653).24 sr 172.021art. 22 referendum and commencement 1 this act is subject to an optional referendum.2 it shall be published in the official federal gazette as soon as the popular initiative reparation for contract children and victims of compulsory social measures (reparation initiative) has been withdrawn25 or rejected.3 if it is established ten days after expiry of the deadline for requesting a referendum that no referendum against the act has been successfully requested, this act shall come into force on the first day of the third month following the expiry of the deadline for requesting a referendum. 4 if a referendum is successfully requested and the act is accepted in the referendum, this act shall come into force on the first day following validation of the referendum result.commencement date: 1 april 20172625 bbl 2016 7924, 2017 77326 see art. 22 para. 3

211.432.2 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon official cadastral surveyingof 18 november 1992 (status as of 1 july 2008)the swiss federal council,based on article 48a paragraph 1 of the government and administration organisation act of 21 march 19971,article 38 paragraph 1 of the final title of the civil code2 (cc),and article 5 paragraph 2, article 6 paragraph. 1, 7, 9 paragraph 2, article 12 paragraph 2, article 14 paragraph 2, article 29 paragraph 3, article 31 paragraph 3, article 32 paragraph 2, article 33 paragraph 3 and article 46 paragraph 4 of the geoinformation act of 5 october 20073 (geoig),4ordains: 1 sr 172.0102 sr 2103 sr 510.624 footnoteschapter 1: general provisions art. 15 definition and purpose 1 official cadastral surveying as defined in article 950 of the swiss civil code consists of the surveying work approved by the canton and by the confederation for the establishment and maintenance of the land register.2 the data of official cadastral surveying is geospatial reference data that is used by the federal authorities, the cantons and the communes, as well as industry and commerce, academic and scientific institutions and the general public to obtain geographical information.5 amended in accordance with no. i of the geoinformation ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 1a6 relationship to general geoinformation law official cadastral surveying is governed by the geoinformation ordinance of 21 may 20087, unless there are special provisions in this present ordinance.6 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).7 sr 510.620art. 28 8 sr 510.62 repealed by no. i of the ordinance of 21 may 2008, with effect from 1 july 2008 (as 2008 2745).art. 39 planning and implementation 1 the federal department of defence, civil protection and sport (ddps) defines the strategic planning of official cadastral surveying in consultation with the responsible cantonal authorities. 2 the cantons prepare implementation plans, which serve as the basis for the conclusion of programme agreements in accordance with article 31 paragraph 2 geoig.3 in case of land reallotments and in areas in which necessary agricultural or forestry reallotments cannot be carried out in the foreseeable future, the technical work of data acquisition for the "landownership" information layer is performed using a simplified procedure. the ddps specifies the technical requirements. 9 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 4 military installations provisions concerning the surveying of military installations that deviate from those in this ordinance are reserved. chapter 2: content of official cadastral surveying art. 5 elements of official cadastral surveying official cadastral surveying consists of:a.the markers of the control points and boundary points;b.10the data in accordance with the data model of official cadastral surveying;c.11the cadastral map and further extracts of the cadastral data set required for the land registration;d.the required technical documents;e.the components and principles of former cadastral surveying under the old regulations;f.12the base map of official cadastral surveying.10 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).11 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).12 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 613 data model of official cadastral surveying 1 the data model describes the content in accordance with the object catalogue, and the data structure in a standardised data description language. 2 the object catalogue comprises the following information layers: a.control points;b.land cover;c.single objects;d.heights;e.local names; f.landownership; g.pipelines;h.14territorial boundaries;i.15permanent landslip areasj.16building addresses;k.17administrative subdivisions.3 the "landownership" information layer includes properties in accordance with article 655 paragraph 2 of the swiss civil code insofar as these may be designated on an area basis, with the exception of parts in co-ownership.1813 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).14 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).15 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).16 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).17 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).18 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 6a19 responsibilities of the ddps 1 the ddps defines the object catalogue and specifies the data to be captured, its accuracy and reliability, together with other requirements. where necessary it may depart from articles 3, 10 and 17 of the geoinformation ordinance of 21 may 200820.2 the ddps specifies the official cadastral surveying interface.3 the ddps specifies the content, updating and management of the extracts to be prepared from official cadastral surveying data, and also the related technical documentation.19 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).20 sr 510 620art. 6bis 21 21 inserted by no. i of the ordinance of 7 march 2003 (as 2003 507). repealed by no. i of the ordinance of 21 may 2008, with effect from 1 july 2008 (as 2008 2745).art. 722 land registry plan 1 the land registry plan is a hard copy or a digital graphical extract from the data of official cadastral surveying, which, as a constituent part of the land register, delimits properties, area-related distinct and permanent rights and mineral rights determined on an area basis. it has the legal force of entries in the land register.232 the land registry plan includes the content of the "control points", "land cover", "single objects", "local names", "landownership", "pipelines", "territorial boundaries", "building addresses" and "administrative subdivisions" information layers.24 3 the cantons may, in addition to the cadastral surveying data, require boundaries of easements and servitudes to be portrayed, insofar as their positions are clearly defined on the ground.4 the federal directorate of cadastral surveying (fdcs) defines the cartographic specification of the land registry plan.2522 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).23 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).24 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).25 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 8-926 26 repealed by no. i of the ordinance of 7 march 2003 (as 2003 507).art. 1027 cantonal additions to the federal data model within the framework laid down by the ddps28, the cantons may extend the content of official cadastral surveying as prescribed under federal law, and may specify additional requirements.27 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).28 expression in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745). this amendment has been taken into account throughout the document.chapter 3: demarcation section 1: general provisions art. 11 definition and scope 1 demarcation comprises the delimitation of boundaries and the emplacement of boundary markers (monumentation).2 demarcation is required for territorial boundaries, property boundaries and boundaries of distinct and permanent rights over others' land (easements) insofar as the latter can be clearly delimited by boundary lines.art. 12 cantonal law the cantons enact regulations dealing with demarcation within the framework of this ordinance.section 2: delimitation of boundaries art. 13 procedures 1 in general, boundaries are to be defined in situ2 the cantons may specify that boundaries be defined on the basis of plans, aerial photographs or other suitable means:a.29in agricultural and forest land in mountainous and summer pasture areas as defined in the agricultural production register30, and in unproductive areas;b.in the course of an updating process, subject to the agreement of the landowners concerned.29 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).30 sr 912 1art. 1431 alignment of boundaries 1 a valid boundary line between two adjacent boundary points may be a straight line or a circular arc.2 during first survey, renovation or updating of the "landownership" information layer, simplification of boundary lines should be sought. existing boundary lines should be improved where possible.31 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 14a32 elimination of discrepancies discrepancies between maps of official cadastral surveying and reality, or between the plans themselves, shall be officially eliminated.32 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).section 3: emplacement of boundary markers (monumentation) art. 15 basic principle boundary markers are to be emplaced so that boundaries will be permanently identifiable on the ground or can be found by simple means.art. 16 timing 1 boundary markers should in general be emplaced before the initial capture of surveying data for the "landownership" information layer.2 individual boundary markers may be emplaced after surveying in accordance with paragraph 1:a.in the course of an updating process, if the boundary has not been delimited on the ground;b.if there are compelling reasons why it is not possible or desirable to carry out the work earlier.3 the boundary markers that are missing in accordance with paragraph 2 must be emplaced as soon as circumstances allow.art. 17 exceptions 1 if boundaries are defined by natural or artificial objects that are permanent and clearly identifiable, the requirement for monumentation is generally waived.2 the cantons may provide for further exceptions, in particular: a.in areas in which properties and area-related distinct and permanent rights (easements) are subject to reallotment (remembrement);b.33for properties and for area-related distinct and permanent rights (easements), whose boundary markers are continually threatened by agricultural activity or other effects;c.34in agricultural and forest land in mountainous and summer pasture areas as defined in the agricultural production register, and in unproductive areas.33 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).34 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).chapter 4: initial survey, renovation and updating section 1: general provisions art. 18 definitions 1 initial survey means the production of the components of official cadastral surveying in areas without previously and definitively approved cadastral surveys and includes the resurvey of areas as defined in art. 51 paragraphs 3 and 4.2 renovation means the production of the components of official cadastral surveying by upgrading an existing and previously definitively approved cadastral survey.3 updating means the modification of the components of official cadastral surveying to reflect changes in the legal circumstances or in the actual situation on the ground.art. 19 methods the federal directorate of cadastral surveying 35 may issue directives concerning methods for initial survey, renovation and updating.35 expression in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745). this amendment has been taken into account throughout the document.art. 2036 geodetic reference system the planimetric and height datums for official cadastral surveying are laid down in articles 4 and 5 of the geoinformation ordinance of 21 may 200837.36 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).37 sr 510 620art. 2138 timing of execution of survey 1 the federal directorate of cadastral surveying and the responsible cantonal agency plan the execution of official cadastral surveying on the basis of a programme agreement.2 the canton stipulates the date of execution of the individual surveys and manages the consultation procedure.3 the canton may specify that the initial survey and the renovation be carried out in stages. each stage must consist of at least one complete information layer and must extend over a large contiguous area forming a cohesive whole; the "control points" layer must be included in the first stage. if an alternative procedure appears more suitable on technical grounds this should be submitted to the federal directorate of cadastral surveying for approval.38 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).section 2: updating art. 22 principle of updating all components of official cadastral surveying are subject to updating.art. 23 continuous updating 1 the components of official cadastral surveying for whose updating a change notification procedure can be organised should be updated within one year after the occurrence of a change.392 the cantons supervise the change notification procedure and specify the time limit for updating.39 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 24 periodic updating 1 all data that is not subject to continuous updating will be updated periodically.2 each periodic updating operation must extend over a large area forming a cohesive whole.3 the periodic update cycle should, if possible, correspond to that of the national topographic survey. it must not exceed twelve years.4040 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 25 updating and the land register 1 the land registrar may enter a subdivision or amalgamation of properties or of area-related distinct and permanent rights (easements) in the land register only on presentation of the deed of mutation signed by the responsible registered surveyor.412 the cantons regulate the relations between official cadastral surveying and the land registry.3 the "landownership" information layer includes properties in accordance with article 655 paragraph 2 of the swiss civil code, provided that they can be designated on an area basis, with the exception of parts in co-ownership.41 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).section 3: verification art. 26 1 all of the components of official cadastral surveying are subject to verification of quality and completeness by the cantonal surveying supervision in accordance with the directives of the federal directorate of cadastral surveying; paragraph 2 is reserved.2 the verification of class 2 control points, both in planimetry and altimetry, is the responsibility of the federal office of topography. the ddps defines the terms "planimetric control point" and "altimetric control point".section 4: objection procedure, approval and payment art. 27 preliminary examination 1 after completion of the verification, the federal directorate of cadastral surveying determines whether the federal requirements have been fulfilled and specifies the documents to be submitted.422 the fdcs reports the results of its examination to the canton and guarantees the appropriate payment, subject to correction of any notified defects.3 all defects notified in the report must be corrected before the public inspection process.4 the preliminary examination may be omitted, subject to agreement between the confederation and the canton.4342 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).43 inserted by no. i of the ordinance of 28 jan. 1998 (as 1998 270). amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).art. 2844 public inspection 1 after completion of an initial survey or a renovation of official cadastral surveying and the elimination of discrepancies in accordance with article 14a, where the rights of landowners are affected, public inspection and objection procedures must be carried out.2 the public inspection process covers the land registry plan of the area concerned and other extracts from the data of official cadastral surveying relating to the maintenance of the land register.3 the cantons regulate the procedures, subject to the following principles:a.the public inspection process lasts for 30 days.b.the inspection process must be officially announced and publicised.c.property owners whose addresses are known shall in addition be informed by normal post of the public inspection process and of the rights of objection and appeal available to them.d.the property owner shall be provided on demand with a copy of the relevant extract from the land registry plan.e.an appeal against a decision made under the objection procedure may be lodged with the cantonal authority, which examines the decision unconditionally.f.a final appeal at the cantonal level may be made to a court as detailed in article 75 paragraph 2 of the federal supreme court act of 17 june 200545.44 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).45 sr 173.110art. 2946 approval by cantons 1 after completion of the public inspection process and after discharge of first instance objections, the competent cantonal authority approves the cadastral surveying data, the extracts derived from it and, in particular, the land registry plan, independently of any disputes to be resolved by judicial means, provided that:a.the data complies with the technical and quality requirements under federal law;b.if a preliminary examination was carried out the results were favourable; andc.defects noted in any preliminary examination have been corrected.472 this approval confers the legal evidential value of official public documents on the cadastral surveying work.46 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).47 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 3048 approval by the confederation the federal directorate of cadastral surveying shall approve the cadastral surveying work, provided that:a.the data complies with the technical and quality requirements under federal law; andb.the surveying work was approved by the canton.48 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 30bis 49 49 inserted by no. i of the ordinance of 7 march 2003 (as 2003 507). repealed by no. i of the ordinance of 21 may 2008, with effect from 1 july 2008 (as 2008 2745).chapter 5:50 administration of official cadastral surveying 50 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745). art. 31 maintenance 1 the components of official cadastral surveying must be managed so as to guarantee their continued existence, integrity and quality at all times.2 the ddps promulgates the technical and organisational requirements for the maintenance of the survey, especially with regard to data security, archiving, metadata and history.art. 3251 51 repealed by no. i of the ordinance of 7 march 2003 (as 2003 507).art. 3352 52 repealed by no. i of the ordinance of 21 may 2008, with effect from 1 july 2008 (as 2008 2745).chapter 6:53 access and use 53 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745). art. 34 basic principle 1 any person may have access to the data of official cadastral surveying on demand, in accordance with the regulations in articles 10-13 geoig.2 the canton shall designate the agency which is to be responsible for facilitating access and use and for the supply of extracts and derived products.art. 35 description of the extracts and derived products extracts and derived products from official cadastral surveying should be supplied together with the available metadata, including, as a minimum, information on the currency, quality and completeness of the data. art. 36 official cadastral surveying interface access to the data of official cadastral surveying is guaranteed, as a minimum in the form of a download service by means of the official cadastral surveying interface.art. 37 certified extracts 1 extracts from the official data of cadastral surveying in analogue (hard copy) or digital form whose conformance to the definitive data of official cadastral surveying has been authenticated by a registered surveyor are described as certified extracts.2 certified extracts are official public documents as defined in article 9 of the swiss civil code.3 the ddps manages the issue of certified extracts in electronic form.art. 38 fees for certification 1 a fixed fee determined by the ddps is charged for the certification of extracts in addition to the fees for the provision of data.2 for certification that is not provided at the same time as the supply of data, the fee will be calculated according to the time expended.art. 39 supply to federal authorities under the contractual arrangements described in article 14 paragraph 3 geoig, data supplied to the federal authorities by official cadastral surveying is to be charged only in accordance with actual time and associated costs.chapter 7: organisation and execution section 1: direction and supervision art. 40 specialist agency of the confederation 1 the federal directorate of cadastral surveying is the competent technical agency of the confederation. the fdcs is under the direction of a registered surveyor.542 the fdcs is responsible for the direction and supervision of all aspects of official cadastral surveying.3 the fdcs ensures the implementation and enforcement of regulations covering the technical and quality requirements for official cadastral surveying.554 the fdcs also ensures the coordination between official cadastral surveying and other surveying programmes of the confederation, advises the federal authorities on the acquisition of data for official cadastral surveying, and represents the interests of the confederation in dealings with the cantons and third parties.565 in cooperation with the cantonal surveying supervision, the fdcs is entitled to collect data on individual surveying tasks and on the contractors responsible for these.576 within the programme agreements, the fdcs will specify:a.which surveying work relates to exceptional national interest;b.which surveying work is regarded as suitable for periodic updating.5854 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).55 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).56 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).57 inserted by no. i of the ordinance of 7 march 2003 (as 2003 507).58 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 4159 59 repealed by no. i of the ordinance of 21 may 2008, with effect from 1 july 2008 (as 2008 2745).section 2: cantonal surveying supervision art. 42 1 the canton designates the agency (surveying supervision service) responsible for the supervision of official cadastral surveying. this agency will be directed by a registered surveyor.602 the cantonal surveying supervision service manages, supervises and verifies cadastral surveying work and ensures coordination between cadastral surveying and other surveying programmes and geographical information systems.613 if a canton is unable to fulfil its supervisory role, it may transfer its responsibilities in whole or in part back to the federal directorate of cadastral surveying, subject to repayment of the costs involved.60 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).61 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 42a62 administrative agreement with the principality of liechtenstein the ddps may conclude with the principality of liechtenstein a rescindable fixed-term agreement under international law covering the full or partial transfer of the surveying supervision of liechtenstein to the federal directorate of cadastral surveying.62 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).section 3: execution of official cadastral surveying art. 4363 responsibility 1 the canton is responsible for the execution of official cadastral surveying.2 the canton appoints the agency which is to be responsible for the original and definitive data set of official cadastral surveying.63 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 4464 entitlement to execution of the work 1 the cantons supervise the execution of the work by registered surveyors and other technical staff qualified in surveying, by means of contracts and administrative orders. article 46 is reserved.2 the cantons may delegate work on the "control points", "landownership", "local names", "territorial boundaries", "permanent landslip areas (land subject to continuous movement)" and "administrative subdivisions" information layers and the updating and maintenance of official cadastral surveying data only to:a.communes, or other public bodies or legal entities under public law that have their own surveying office under the direction of a registered surveyor;b.registered surveyors.64 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 4565 award of contracts 1 the award of contracts for work such as demarcation, initial survey, renovation, periodic updating and provisional digitising must conform to the regulations on public procurement in force in the canton.2 official cadastral surveying work to be carried out in a specific geographical area must be the subject of a public invitation to tender.65 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 46 work on railway property 1 railway companies that are subject to the railways act of 20 december 195766 are permitted to carry out specified cadastral surveying work on their own land, subject to the agreement of the cantonal surveying supervision and provided that they have their own surveying department under the direction of a registered surveyor.672 in planning initial surveys, renovation and updating on railway property, railway companies as defined in accordance with paragraph 1 must be consulted. data for the "control points", "land cover", "single object" and "heights" information layers captured by railway companies in accordance with the principles and requirements of official cadastral surveying will be incorporated therein. 683 the cantons negotiate compensation for the services under paragraphs 1 and 2 with the railway companies.66 sr 742 10167 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).68 second sentence amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).chapter 8: federal compensation and other costs section 1: federal compensation69 69 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507). art. 47 allowable costs 1 compensation is payable only in respect of costs that are incurred in accordance with the regulations and in the cost-effective execution of the task.2 the following costs are not allowable:a.70the costs of continuous updating and administration;b.71costs resulting from additional requirements of the canton;c.the costs of the cantonal surveying supervision service;d.compensation paid to cantonal and communal bodies for their assistance in the work of demarcation and survey; e.the costs of cantonal verification and public inspection procedures;f.compensation for crop damage during surveying work;g.interest on advance payments for demarcation and surveying work;h.additional costs resulting from non-observance by the contracting parties of the relevant regulations or of the terms of the contract;i.72the determination of building addresses;j.73the costs of correcting discrepancies in accordance with article 14a.70 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).71 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).72 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).73 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 48 calculation of allowable costs 1 for work that was awarded as a result of a tendering process, the allowable costs are in accordance with the stipulated price, subject to article 47.2 for work that was not awarded as a result of a tendering process, the canton shall fix the allowable compensation in accordance with current market rates.743 compensation fixed by the canton in accordance with paragraph 2 requires the approval of the confederation.74 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 48a75 lump-sum compensation the principles of article 47 are also applied to agreements on lump-sum compensation between the confederation and the canton.75 originally art. 48bis. inserted by no. i of the ordinance of 7 march 2003 (as 2003 507).section 2: other costs art. 4976 the cantons stipulate who is to be responsible for the remaining costs after deduction of the federal contribution.76 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).chapter 9: final provisions section 1: repeal of current legislation art. 50 repeal the following are repealed:1.the instruction of 10 june 191977 on fourth order triangulation;2.the instruction of 10 june 191978 on demarcation and surveying of land parcels;3.the federal council decree of 6 january 192079 on the repeal of the federal council decree of 17 november 1911 on the payment of federal contributions to the costs of monumentation of traverse points;4.the ordinance of 12 may 197180 on cadastral surveying.77 [bs 2 568]78 [bs 2 592; as 1980 106]79 [bs 2 658]80 [as 1971 704, 1991 370 annex no. 2]section 2: transitional provisions art. 51 adoption of existing surveys 1 provisionally approved surveys must be replaced by an initial survey (resurvey) in accordance with the new regulations.2 definitively approved surveys must be renovated subject to the reservation of paragraph 3.3 the ddps regulates which definitively approved surveys carried out under the regulations in force before 10 june 1919 must be replaced by initial survey (resurvey) in accordance with the new regulations.4 in definitively approved surveys based on control point networks that are not in the national coordinate system, the adjustment of the control network to satisfy the new regulations is deemed to be equivalent to an initial survey.815 surveys approved in accordance with the provisions of this ordinance are considered to be valid surveys under the new regulations.8281 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).82 inserted by no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).art. 52 initial surveys, renovation, surveys in progress 1 the cantonal cadastral surveying supervision agency determines whether initial surveys and renovations that began less than two years after this ordinance came into force are to be conducted in accordance with the old or the new regulations.2 the cantonal cadastral surveying supervision agency decides, in consultation with the federal directorate of cadastral surveying, whether, and if necessary to what extent, surveys in progress at the time this ordinance came into force should be completed in accordance with the new regulations.art. 53 updating of old surveys the cantonal surveying supervision agency decides, in consultation with the federal directorate of cadastral surveying, whether, and if necessary to what extent, surveys carried out under the old regulations should be updated in accordance with the new regulations.art. 54 continued application of previous law for work carried out or continued in accordance with the previous regulations as a result of a cantonal decision under articles 52 or 53, the instruction of 10 june 191983 on the demarcation and surveying of land parcels and the ordinance of 12 may 197184 on cadastral surveying continue to apply.83 [bs 2 592; as 1980 106]84 [as 1971 704, 1991 370 annex nb. 2]art. 5585 general map 1 the cantons may decide that original general maps or reproductions therefrom may continue to be drawn up until the cadastral surveying data required for their replacement becomes available.2 existing general maps must continue to be updated in areas for which the cadastral surveying data necessary for their replacement is not yet available.3 the confederation only pays a share of the costs where no official cadastral surveying data under the new regulations is yet available.85 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).art. 56 special measures for the preservation of land parcel surveys 1 the provisional digitisation is considered to be covered under special measures for the preservation of land parcel surveys in accordance with article 5 paragraph 3 of the federal decree of 20 march 199286 on compensation for official cadastral surveying.872 provisional digitising consists of the conversion of a provisionally or definitively approved cadastral surveying under the old regulations into a digital form that does not fully satisfy the requirements of the new cadastral surveying regulations.3 provisionally digitised surveys are deemed to be surveys under the old regulations.4 the ddps shall specify the requirements for provisional digitising.86 [as 1992 2461, 1994 1612. as 2007 5819 art. 6]. see today: the ordinance of the federal assembly of 6 oct. 2006 on the financing of the national survey (sr 211.432.27).87 amended in accordance with no. i of the ordinance of 7 march 2003 (as 2003 507).art. 5788 transitional provisions to the amendment of 21 may 2008 1 until the contract described in article 14 paragraph 3 geoig comes into force, data supplied to the federal authorities by official cadastral surveying shall be charged only in accordance with actual time and associated costs.2 for the transitional period up to 31 december 2016, each canton shall define a single planimetric reference system and reference frame to cover the whole area of the canton.88 amended in accordance with no. i of the ordinance of 21 may 2008, in force since 1 july 2008 (as 2008 2745).section 3: commencement art. 58 this ordinance shall come into force on 1 january 1993.

211.432.21english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ddps technical ordinance on official cadastral surveying1(tocs)of 10 june 1994 (status as of 1 july 2008)1 amended in accordance with no i of ddps ordinance of 11 march 2003 (as 2003 514).the federal department of defence, civil protection and sport,2based on article 3 paragraph 3, 6a, 26 paragraph 2, 31 paragraph 2, 37 paragraph 3, 51 paragraph 3 and 56 paragraph 4 of the ordinance of 18 november 19923 on official cadastral surveying (ocs),4ordains:2 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).3 sr 211.432.24 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).title 1 principles and responsibilities chapter 1 principles art. 1 basic principle surveying work must be carried out in accordance with the rules of the profession and with due regard to economy.art. 25 cantonal implementation plan the cantonal implementation plan details the nature, extent, timetable and costs of the work of official cadastral surveying, including:a.initial survey work;b.renovation work;c.work relating to change of exceptional national interest;d.periodic updating;e.the replacement of provisional digitising by initial survey (resurvey) or by renovation of the existing survey;f.a general estimate of costs.5 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 3 division into tolerance levels for the purposes of official cadastral surveying the territory of the confederation is divided into a range of tolerance levels (ts) as follows:ts1: urban areasts2: built-up areas and building zonests3: areas of intensive agriculture and forestry ts4: areas of extensive agriculture and forestryts5:6 summer pastures and unproductive areas6 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 3bis 7 numbering range a numbering range is a component of an identification system, with corresponding geometry, defining the range of validity of unique identifiers. numbering ranges are allocated by the confederation and by the cantons.7 inserted by no i of the ddps ordinance of 11 march 2003 (as 2003 514).chapter 2 responsibilities art. 4 federal directorate of cadastral surveying8 the federal directorate of cadastral surveying:9a.10.b.decides in individual cases on exemptions from the obligation to collect cadastral surveying data, in accordance with article 10;c.11promotes the dissemination and further development of the data model of official cadastral surveying, especially in terms of the interlis data description language and transfer mechanism and their related documentation (art. 42);d.12decides on the documents to be deposited for each task (art. 111) and for their approval (art. 109) as well as on the guarantee of compensation and its payment (art. 111 and 112);e.decides on interim payments (art. 112);f.13lays down the principles governing unique user keys and assigns intercantonal numbering ranges (art. 3bis);g.14concludes the programme agreement with the responsible cantonal agency;h.15may decide on a simplified surveying in accordance with article 24 paragraph 2.8 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).9 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).10 repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).11 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).12 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).13 inserted by no i of the ddps ordinance of 11 march 2003 (as 2003 514).14 inserted by no i of the ddps ordinance of 11 march 2003 (as 2003 514). amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).15 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 5 canton the canton is responsible for:16a.assigning tolerance levels in individual cases (art. 3 and 26);b.laying down the requirements for tolerance level ts 1 (art. 3 and 25);c.17describing cantonal additions to the federal data model in the interlis data description language (art. 43);d.guaranteeing the transfer of data via the official cadastral surveying interface (art. 44 and 45);e.approving the design of observing schemes and observation procedures for the control points information layer in accordance with articles 48 and 52;f.ruling on the treatment of differences in the areas of properties when they are compared under article 71 and on provisional digitisation;g.18guaranteeing the updating and management of official cadastral surveying (art. 80-88);h.19replacing provisionally digitised existing cadastral plans with new cadastral plans (art. 91);i.20defining the objects to be captured in the provisional digitisation (art. 95);j.21allocating cantonal numbering ranges for internal use (art. 3bis).16 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).17 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).18 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).19 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).20 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).21 inserted by no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 622 22 repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).art. 6bis 23 23 inserted by no i of the ddps ordinance of 11 march 2003 (as 2003 514). repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).title 2 object catalogue24 24 amended in accordance with nb. i of ord. of the ddps of 11 march 2003 (as 2003 514). chapter 1 object catalogue and cantonal additions25 25 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514). art. 726 data model of official cadastral surveying 1 an information layer of the object catalogue (ocs art. 6 para. 2) comprises one or more themes; a theme comprises one or more objects. the themes and objects of each layer are defined as follows: a.control points layer:1.planimetric and altimetric control points of category 1 (lfp1 (lagefixpunkte), hfp1 (hhenfixpunkte));2.planimetric and altimetric control points of category 2 (lfp2, hfp2);3.planimetric and altimetric control points of category 3 (lfp3, hfp3).b.land cover layer:1.buildings;2.hard-surfaced areas, subdivided into roads and tracks, pavements, traffic islands, railways, airfields, artificial ponds, pools and basins, and other hard-surfaced areas;3.vegetated areas, subdivided into arable/meadow/pasture, intensive cultivation (further subdivided into vineyards and other intensive cultivation), garden, bog/swamp and other vegetated areas with the exception of woodland;4.waters, subdivided into standing water, flowing water (watercourses) and reed belts;5.woodland, subdivided into dense forest, wooded pasture (further subdivided into dense wooded pasture and open wooded pasture) and other wooded areas;6.unvegetated areas, subdivided into rock, glacier/firn (nv), boulders/scree/sand, quarries/landfill and other unvegetated areas.c.single objects layer:wall, underground structure, other portion of building, subsurface drainage channel, important steps, tunnel/underpass/gallery, bridge/footbridge, station platform, fountain/well, reservoir (without building), pillar, shelter, silo/tower/gasometer (if not a building), chimney, monument, mast/antenna, observation tower, bank protection works, ramp/sill, avalanche shelter, plinth, archaeological object/ruin, landing stage, isolated rock, small stand of trees, rivulet/minor stream, track/path, overhead power line, above-ground hydro-power pipe, railway, aerial ropeway, cable car/chairlift; industrial cableway, ski-lift, ferry, cave/pothole entrance, alignment, important tree, shrine/crucifix, spring, public authority reference point, and other miscellaneous objects.d.heights layer: digital terrain model (dtm) covering the whole territory.e.local names layer: local geographical name, place name, name of locality.f.landownership layer:1.land ownership;2.distinct and permanent rights (easements); 3.mineral rights;4.boundary markers.g.pipelines layer:1.oil pipelines, gas pipelines and other pipelines governed by the pipelines act of 4 october 196327.2.markers indicating the position of pipelines.h.territorial boundaries layer:1.municipal boundaries, including territorial boundary points,2.district boundaries,3.cantonal boundaries,4.the national boundary;i.permanent landslip areas layer: areas prone to landslip in accordance with art. 660a of the swiss civil code28;j.building addresses layer: building addresses in accordance with swiss standard sn 612040 (2004-6 edition)29;k.administrative subdivisions layer:1.numbering ranges;2.sheet boundaries; 3.tolerance level divisions;4.sheet information (legend information for the land registry plan).2 the data model in annex a indicates the obligatory descriptions of objects and their attributes and the information necessary for the transfer of data.26 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).27 sr 746.128 sr 21029 the text of the standard may be obtained from the swiss association for standardisation, sulzerallee 70, 8404 winterthur; www.snv.ch.art. 830 special conditions for particular objects 1 planned objects in the land cover and landownership layers and the municipal boundaries theme form an integral part of the object catalogue of official cadastral surveying. in addition, planned buildings will appear in the building addresses layer. the cantons supervise the reporting procedure.312 where hfp3 (altimetric control points) exist, it is not necessary to determine the heights of lfp3 (planimetric control points).3 objects in the single objects and pipelines layers are separated into point, line and area objects.4 appropriate selected individual points may be included in the land cover, single objects or pipelines layers.5 attributes which must be defined by the canton are indicated in annex a by allocated by the canton.6 property and territorial boundaries must be defined by means of parcel boundary points or territorial boundary points.30 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).31 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 932 cantonal additions to the federal data model 1 in accordance with ocs art. 10, the cantons may define additional information layers and additional themes or attributes of the objects in annex a.2 such additions are permitted insofar as they conform to the requirements of the federal data model and are compatible with departmental decisions on the standardised data description language and the official cadastral surveying interface (avs - amtliche vermessungsschnittstelle) in accordance with ocs article 6bis paragraph 2.32 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).chapter 2 definitions and level of detail section 1 requirements for surveying art. 10 criteria for surveying 1 objects specified in article 7 must be surveyed if they:a.are subject to official authorisation or public inspection;b.fulfil important functions and provide important information for a large number of users; orc.provide significant navigational assistance on the ground.2 where justified, the federal directorate of cadastral surveying33 may remove the obligation to survey objects under paragraph 1letter a above.3 for objects which do not conform to paragraph 1 above, articles 13 to 23 are applicable.33 expression according to no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759). this amendment has been made throughout the document.art. 11 geometrical conditions 1 only circular arcs and straight lines are permitted as linear geometric elements.2 circular arcs and straight lines of the same object may overlap only as follows:a.in the land cover layer: 5 cm;b.34in the single objects layer: 5 cm;c.in the local names layer:20 cm;d.in the landownership layer: 5 cm;e.35in the territorial boundaries layer: 5 cm;f.36in the permanent landslip areas layer:20 cm;g.37in the building addresses layer:50 cm;h.38in the administrative subdivisions layer:20 cm.34 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).35 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).36 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).37 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).38 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 12 snapping of lines 1 for lines showing different objects from different information layers snapping may be used if the distance between them does not exceed three times the accuracy values given in article 29.2 snapping of lines in the landownership layer and lines in the land cover and single objects layers which result from points defined precisely on the ground must not be applied.3939 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).section 2 land cover layer art. 13 minimum areas 1 areas are to be surveyed if they exceed the following approximate minimum size:a.ts2> 100 m2b.ts2> 1000 m2c.ts4 and ts5> 2500 m22 article 14 paragraph 2 and article 21 are reserved.art. 1440 buildings 1 the following are deemed to be buildings:a.buildings in accordance with article 3 of the ordinance of 31 may 200041 on the national register of buildings and dwellings;b.other permanent structures fixed to the ground, roofed over, and used for a specific purpose.2 areas of buildings are determined from the main parts of each face with the largest exterior vertical surface. recesses and juts of more than 10 cm at tolerance levels 2 and 3, and 50 cm at tolerance levels 4 and 5, are to be surveyed. faade details must be surveyed when the following conditions are fulfilled:a.projections, recesses and pillars exceeding 50 cm in ts2 and ts3 and 100 cm in ts4 and ts5;b.overhangs, bays and building extensions exceeding 50 cm in ts2, and 100 cm in ts3, 4 and ts5.40 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).41 sr 431.841art. 15 hard-surfaced areas hard-surfaced areas include artificially paved surfaces, notably asphalt, concrete, gravel, paving stones or cobbles. among hard-surfaced areas the following specific objects are differentiated:a.42road/track object: areas providing access for pedestrians and/or vehicular traffic, such as roads (including lateral parking strips), agricultural tracks, forest tracks and extraction lanes, other tracks (with compacted ground) for public use, and their edges including gutters and kerbs;abis.43pavement object: area intended for pedestrian access;ater.44traffic island object: areas designed to direct or channel traffic movement;b.railway object: the entire railway property up to the transition to another land cover type, including the trackbed, areas surfaced with ballast, gravel or sand, and platforms which lie between or beside the tracks;c.airfield object: artificially surfaced runways, taxiways and parking areas for aircraft;d.pond/pool/basin object: artificial structures including their edges, notably public swimming and bathing facilities, artificial ponds on public and private land, settling tanks at wastewater purification plants, cisterns or reservoirs for firefighting;e.other hard-surfaced area object: all areas which do not fall under letters a to d above but which fulfil the requirements of the first paragraph of this specification and exceed the minimum areas specified in article 13, notably parking areas for road vehicles, vehicular access and service roads for buildings, storage and rest areas, forecourts and sports facilities.42 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).43 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 200844 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 16 vegetated areas 1 vegetated areas comprise cultivated and uncultivated soil with the exception of woodland.2 other intensive cultivation objects notably include orchards and market gardens.3 garden objects include pleasure gardens and parks, children's playgrounds, bushes, trees, shrubs and vegetable patches, lawns and land surrounding houses.4 other vegetated area objects notably include roadside verges and central reservations as well as river banks.art. 17 waters 1 waters comprise all water areas with the exception of artificial pools, ponds and basins.2 flowing water (watercourse) objects notably include rivers, streams and canals, while standing water objects cover lakes and ponds. in general the geometrical boundary is recognisable for natural banks by the change of land cover type, and for artificial banks by the structures in question. bank stabilisation structures are classified in accordance with the corresponding type of land cover.3 reed belt objects include areas covered with reeds which form the transition between open water and dry land. isolated stands of reeds within water areas are not surveyed.art. 18 woodland 1 woodland areas includes forest as defined in article 2 paragraph 1 of the federal act of 4th october 199145 on forest (forest act, fora).2 areas subject to a duty of reafforestation (fora art. 2 para. 2 let. c) are treated as planned objects.3 the geometrical delimitation of forests may if necessary be carried out in cooperation with the responsible forest authorities.4 extensive shelter belts outside built-up areas are to be surveyed and treated as woodland.5 wooded pasture objects comprise areas as defined in article 2 of the forest ordinance of 30 november 199246.476 the areas of wooded pasture objects are subdivided into densely wooded pasture and open wooded pasture objects purely for cartographic purposes.487 other wooded areas objects include grazed woodland and trees in parkland, trees on river banks and along streams, mixed areas of forest with pasture, rock and scree, and transitional zones at the climatic/altitudinal limit of forest, insofar as the area cannot be classified either as dense forest or wooded pasture.49 45 sr 921.046 sr 921.0147 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).48 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).49 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 19 unvegetated areas 1 areas which are not usable for agriculture or forestry are considered to be unvegetated.2 other unvegetated area objects include mixed zones between grass and rock or scree, especially areas of scrub and rocks and transitional zones at the climatic/altitudinal limit of vegetation.section 3 single objects50 layer 50 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514). art. 2051 relationship with the land cover layer the single objects layer comprises objects that possess some characteristics of land cover but which, because of their nature or their small extent, have minimal importance in terms of area coverage.51 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 21 objects objects must be explicitly assigned to the single objects layer if:52a.they are not buildings in accordance with article 14, for example underground structures, bays or balconies;b.their clear delimitation as areas is not possible or their survey as area objects would entail disproportionate cost, for example rivulets, small streams, faint paths, irregular footpaths, watercourses and mountain torrents;c.they are of linear character, such as railway lines; ord.they are portrayed on the land registry plan as symbols, for example isolated important trees.52 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).section 4 heights layer art. 2253 definition and content 1 the heights layer consists of a digital terrain model (dtm).2 the dtm data must be capable of supply in the form of a 2-metre grid.3 the origin of the 2-metre grid has the following values in the national coordinate systems:a.ch1903 reference system of the reference frame of the swiss national survey of 1903 (lv03): y = 600 000.00 m (easting) and x = 200 000.00 m (northing);b.ch1903+ reference system of the reference frame of the swiss national control network of 1995 (lv95): e = 2 600 000.00 m (easting) and n = 1 200 000.00 m (northing).4 the cantons may in addition offer the data in an alternative form derived from the dtm.53 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 2354 54 repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).chapter 3 accuracy and reliability section 1 tolerances art. 24 basic principle 1 the accuracy and reliability requirements are governed by the tolerance levels (ts).2 for large areas with very low land value, for which the accuracy and reliability characteristics of the specified tolerance levels are not necessary, simplified surveying may be performed, subject to approval by the federal directorate of cadastral surveying.5555 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 25 minimum requirement for ts1 1 ts1 (urban areas) must at least satisfy the requirements for ts2.2 article 28 is reserved.art. 2656 assignment of tolerance levels 1 the canton lays down tolerance levels for each individual case.2 it shall designate the areas to which article 24 paragraph 2 is to apply.56 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).section 2 accuracy art. 27 basic principle the requirements for the accuracy of points of official cadastral surveying are defined in terms of mean square errors (standard deviations) and refer to connection points. these apply to all new computations.art. 2857 control points layer 1 the absolute planimetric accuracy (semi-major axis of the error ellipse [standard (helmert) error ellipse], () in cm) is specified as follows for the respective point categories and tolerance levels:point categoryts1ts2ts3ts4ts5lfp23 3 3 8 8lfp3* 5 510 10hfp 1/2/3***102050100*in accordance with cantonal regulations, but at least equivalent to ts2**in accordance with accuracy requirements for the land cover and single objects layers2 the altimetric accuracy (standard deviation of heights [root mean square error] (), in cm) is specified as follows for the respective point categories and tolerance levels:point categoryts1ts2ts3ts4ts5lfp24.54.54.51212lfp3***7.57.51515hfp2 (levelled)*0.50.5--hfp2 (gnss)3.03.04.0 5.0-hfp3*0.5---*in accordance with cantonal regulations, but at least equivalent to ts2**where no hfp3 are available3 the accuracies must be calculated by the method of least squares. they must not exceed the values given in paragraphs 1 and 2 above.4 the tolerance for assessing individual discrepancies in planimetric coordinates and heights is three times the corresponding value given in paragraphs 1 and 2 above.57 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 29 ground cover and single objects layers58 1 the planimetric accuracy (standard deviation in cm) of a precisely defined point on the ground, such as the corner of a building or a wall, is as follows:ts2ts3ts4ts51020501002 for objects which cannot be precisely defined on the ground, the planimetric accuracy corresponds to the actual accuracy of determination of their position.593 the a priori planimetric accuracy of the surveying and computation methods must be calculated.58 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).59 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 3060 heights layer 1 in areas up to 2000 m a.s.l. covered by tolerance levels ts2 to ts4, the altimetric accuracy of the dtm specified for precisely defined terrain objects such as roads is 80 cm (standard deviation, ).2 in areas up to 2000 m a.s.l. covered by tolerance levels ts2 to ts4, the altimetric accuracy of the dtm specified for terrain which cannot be precisely defined, for example steep or forested ground, is 200 cm (standard deviation, ).3 in areas above 2000 m a.s.l., and in the areas covered by tolerance level ts5, the altimetric accuracy of the dtm is specified as 10 m (standard deviation, ).4 the difference between a directly measured height and the corresponding value derived from the dtm must not exceed three times the standard deviation in accordance with paragraphs 1 to 3 above.60 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 31 landownership and pipelines layers 1 the planimetric accuracy (standard deviation in cm) of a precisely defined point on the ground is as follows:ts2ts3ts4ts53.5715352 the planimetric accuracy (standard deviation in cm) of points along road edges, stream banks, ridges, etc., which are not precisely defined on the ground, is as follows: ts2ts3ts4ts52035751503 the accuracy of the surveying and computation methods and the achieved a posteriori planimetric accuracy must be demonstrated computationally for every point.4 the tolerance limit for the assessment of individual discrepancies is three times the standard deviation given in para. 1 or 2 above.art. 3261 territorial boundaries62 layer the same accuracy requirements apply to territorial boundaries as to the landownership layer.61 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514). 62 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).section 3 reliability art. 3363 basic principle 1 surveys and computations must be carried out such that every individual point is adequately protected from gross errors by means of independent redundant observations.2 instruments must be periodically tested and calibrated as a precaution against systematic errors. 3 reliability checks must be carried out on all points in the control points, landownership and territorial boundaries layers (except for the planimetric accuracy of altimetric control points (hfp)) as well as for individual points in accordance with article 8 paragraph 4.63 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 34 control points layer the external reliability of each individual point must be demonstrated by means of appropriate statistics. distortion of the results through undetectable gross errors must not exceed three times the planimetric or altimetric accuracy values specified in article 28.art. 35 landownership layer the external reliability of each individual point must be demonstrated by means of appropriate statistics. distortion of the results through undetectable gross errors must not exceed five times the planimetric accuracy values specified in article 31 paragraphs 1 and 2.art. 3664 territorial boundaries65 layer territorial boundaries must satisfy the same requirements as the landownership layer.64 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).65 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 4 renovation art. 37 basic principles 1 renovation serves to produce the components of new official cadastral surveying from definitively accepted surveys carried out under the old regulations.2 all usable components of the old survey must be taken and reused to support their completion and update in accordance with the regulations contained in this ordinance.3 the provisions covering definitions and levels of detail (art. 10-23) and accuracy and reliability (art. 27-36) must be observed, subject to the reservations of articles 38-41.art. 38 control points layer 1 the fulfilment of the requirements for accuracy and reliability in accordance with the new regulations must be capable of being demonstrated on the basis of existing accepted survey work. in other cases supplementary surveys and computations must be carried out.2 missing attributes must be completed.3 the density of existing control points must conform to the requirements of article 49. missing or damaged control point monuments must be re-established if they are being adopted for the new survey. secondary control points must be monumented as necessary.4 where the different information layers are being renovated in stages, those control points which are necessary for the renovation of the data for the current stage and for its updating must be renewed.art. 39 landownership layer 1 the fulfilment of the requirements for accuracy and reliability in accordance with the new regulations may be demonstrated on the basis of the available documentation of existing accepted survey work. this may include field books, field sheets, computations, stable copies of original field plans, and cadastral maps.2 missing or damaged boundary marks need not be re-established.art. 40 land cover and single objects66 layers 1 missing objects must be added or completed and superfluous objects must be deleted.2 the completion or addition of objects may be based on existing up-to-date material from definitively approved surveys or on further suitable material such as aerial photographs or field documents.66 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 41 local names layer 1 if names are revised, the procedure must be agreed with the nomenclature commission.2 if names are not revised in the course of cadastral renovation, names already approved by the commission at the time of renovation will be adopted.title 3 standardised data description for official cadastral surveying and the official cadastral surveying interface67 67 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).chapter 168 general 68 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514). art. 42 definition 1 the interlis data description language is used for the description of the data model of official cadastral surveying in accordance with swiss standards sn 612030 (1998 edition) and sn 612031 (2006 edition).69.702 the official cadastral surveying interface (avs) is defined by the data model of official cadastral surveying described in interlis (annex a) and by the description of the corresponding transfer format from the interlis compiler.69 the text of the standard may be obtained from the swiss association for standardisation, sulzerallee 70, 8404 winterthur; www.snv.ch.70 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 43 cantonal additions to the federal data model the canton must describe its additions in the interlis data description language.chapter 2 data transfer art. 44 basic principle 1 anyone wishing to obtain official cadastral surveying data has the right to receive it by means of the official cadastral surveying interface.2 those who supply official cadastral surveying data have the right to transmit it by means of the official cadastral surveying interface.3 the media, character set and protocols for the transfer of data must be agreed between the parties. art. 45 compatibility with the official cadastral surveying interface 1 computer systems used for the transfer or exchange of official cadastral surveying data must fulfil the following conditions:a.be able to receive data from the official cadastral surveying interface;b.be able to supply data to the official cadastral surveying interface; andc.be able to receive data from the official cadastral surveying interface and return it to the interface after further processing.2 .7171 repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).title 4 control points chapter 1 general art. 46 definition 1 control points are connection points of official cadastral surveying whose coordinates are determined in the reference system of the swiss national survey through surveying and adjustment procedures, and they are clearly and permanently identifiable in the field by means of control point monuments.2 control point coordinates are determined in planimetry and/or altimetry.art. 47 classification 1 control points are divided into those of the swiss national survey and those of official cadastral surveying. in general planimetric control points (lfp) are fixed in terms of both planimetric coordinates and height above sea level, while altimetric control points (hfp) relate to height above sea level, with their planimetric coordinates determined to lower accuracy.2 planimetric control points are divided into those of the swiss national survey (category 1: lfp1) and those of official cadastral surveying (category 2: lfp2 and category 3: lfp3).3 altimetric control points are divided into those of the swiss national survey (category 1: hfp1) and those of official cadastral surveying (category 2: hfp2 and category 3: hfp3).4 additional points which are not permanently monumented, but which are needed for detail survey, setting out or strengthening the network, must meet the same specifications as the lfp.art. 48 responsibilities 1 the federal office of topography is responsible for the initial provision, renovation and updating of the control points in category 1 as well as the verification of points in category 2.722 the canton is responsible for the initial provision, renovation and updating of the control points in categories 2 and 3 as well as the verification of points in category 3.72 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).chapter 2 point density and design of observing schemes art. 49 density of planimetric control points 1 the number of planimetric control points per km2 is determined by the needs of the updating work within the limit of the following benchmarks:type of terrainlfp3/km2(incl. lfp2)average point spacing(rounded)73ts 1150100 mts 2 70150 mts 3 20250 mts 4 10400 mts 5 2850 m2 the point density for categories lfp1 and lfp2 must remain small and should not exceed 0.5 per km2.74 3 in areas with existing control point networks the point density must be brought up to the benchmarks of paragraph 1 above at the time of updating.73 for assumed homogenous distribution in a square grid.74 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 5075 density of altimetric control points 1 the canton specifies the necessary point density for hfp2 and hfp3 in each individual case. 2 it establishes points of category hfp2 where necessary.75 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 51 design of observing schemes 1 observations must be so arranged that the requirements for accuracy and reliability (art. 28 and 34) are satisfied.2 nearby existing points must be included in observing schemes (neighbourhood principle - the avoidance of discrepancies between new and existing points).3 observing schemes must be so designed that connections to control points both for planimetric coordinates and heights above sea level are checked.7676 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 52 approval for initial survey or renovation, the observing scheme must be approved by the responsible authority in accordance with article 48.chapter 3 monumentation of control points art. 5377 1 every control point must be permanently marked in as stable a location as possible before field observations start.2 station descriptions must be provided for points of categories lfp2 and hfp2.77 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 4 computations and statistical analyses art. 54 mathematical model 1 computations are carried out by the method of least squares.2 every observation must be provided with a realistic a priori standard error.3 after verification, connecting control points (both planimetric and altimetric) are considered to be fixed and error-free.art. 55 checks on the observations 1 it must be demonstrated that in an unconstrained (free) adjustment the root mean square residuals do not exceed the specified limits.2 the limit set for the root mean square residual is 3.5. the risk of type 2 errors is fixed at 5%.art. 56 proof of quality 1 for every point in the final adjustment, proof must be provided that the accuracy and reliability requirements have been met.2 regardless of the point category or tolerance level, the adjustment program must provide statistics to indicate the achieved accuracy and reliability. values which lie outside the tolerances laid down must be specially identified.chapter 5 notification process and periodic updating art. 57 notification process 1 the federal office of topography notifies the cantons of changes carried out on category 1 control points (lfp1 and hfp1).2 the cantons notify the federal office of topography of damage or danger to category 1 control points.3 the cantons notify the federal office of topography of changes carried out on category 2 control points (lfp2 and hfp2).784 it is the duty of cadastral surveyors to notify the relevant cantonal surveying supervision service of damage, change or danger affecting control points of categories 1 and 2.78 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 58 periodic updating updating procedures include periodic inspections of control points.chapter 6 special cases art. 5979 permanent landslip areas in permanent landslip areas (land subject to continuous movement), a control network designed for the specific circumstances must be established immediately prior to cadastral surveying.79 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 60 control points for special purposes control points established for particular non-cadastral purposes must be integrated into official cadastral surveying if appropriate and if they meet the specified requirements.title 5 extracts and technical documentation80 80 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759). chapter 1 scope and definitions art. 61 scope 1 the provisions of title 5 apply to the extracts from official cadastral surveying data and the related technical documentation in accordance with article 6a paragraph 3 ocs.812 they do not apply to the land registry plan or to documents relating to provisional digitisation.81 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 6282 extracts from official cadastral surveying data valid extracts from official cadastral surveying data under article 6a paragraph 3 ocs include property descriptions, mutation plans and tables, and plans showing permanent landslip areas.82 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 6383 technical documentation valid technical documentation under article 6a paragraph 3 ocs includes calibration and test reports on instruments and equipment, original measurement documents, working documents and documentation of checks, area comparisons on renovation, sheet boundaries and contractors' reports.83 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 64 document production and updating annex b indicates the extracts and technical documents which are to be produced and kept up to date for each information layer.chapter 2 extracts for the management of the land register art. 6584 property description 1 the property description comprises:a.the name of the commune;b.the land registry plan number;c.the number and area in m2 of the property, or of the distinct and permanent rights (easements);d.appropriate information on the location of the objects in question such as the local name or the road/street name;e.the number or other identification of the building; andf.a list of the objects from the land cover layer.2 the property description must be dated.3 electronic data transfer between official cadastral surveying and the land registry is governed by the technical ordinance of the fdjp and the ddps of 6 june 200785 on the land register (tlro).84 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).85 sr 211.432.11art. 66 mutation plan and mutation table 1 a mutation plan and mutation table provide information about changes in objects in the landownership layer.2 the mutation plan includes:a.the name of the commune and the mutation number; b.the old and new states of the objects in question with a graphic indication of planned changes;c.the old and new object numbers;d.appropriate information on the location of the objects in question, such as the local name or the road/street namee.a north point and the scale of the plan; andf.the date and the signature of the registered surveyor.3 the mutation table includes:a.the name of the commune and the mutation number;b.the areas added to or subtracted from each object;c.any differences due to rounding of quantities; andd.the date and the signature of the registered surveyor.4 electronic data transfer between official cadastral surveying and the land registry is governed by the tlro86.87.86 sr 211.432.1187 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 6788 plans showing permanent landslip areas a plan must be drawn up for all permanent landslip areas (land subject to continuous movement).88 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 3 technical documentation art. 68 calibration and test reports reports must be prepared giving information on the testing and calibration of the instruments and equipment used for the capture and distribution of official cadastral surveying data.art. 69 original measurements original measurements must be documented and retained. the type of documentation is not specified.art. 7089 working documents and documentation of checks working documents are considered to include the technical documentation demonstrating the completeness, plausibility (accuracy and problem-free insertion into the database), quality and consistency of the data of the official cadastral surveying (digitising set-up reports, check plots, error vector diagrams and the like).89 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 71 area comparisons on renovation during cadastral renovation, the old and new areas of properties are compared for each plan and their differences and tolerances are identified.art. 72 sheet boundaries a small-scale sheet index map must be produced to show the sheet boundaries of the land registry plans.art. 73 contractor's report 1 the contractor's report must indicate the main activities, decisions and results of the survey work carried out.2 the contractor's report includes in particular:a.the initial situation and the objective of the survey work;b.a description of the survey work, the methods used and the results obtained;c.information on the management and updating of the data;d.consideration of the cost-effectiveness of the survey work;e.an overall assessment of the work; andf.an index of the documentation.art. 73a90 fees the fixed fee in accordance with article 38 paragraph 1 ocs for the certification of an extract from official cadastral surveying data in analogue (hard copy) form shall be chf 50.- for the first, and chf 5.- for each additional copy.90 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).title 6 land reallotment (art. 2 para. 2 ocs) art. 74 principles of simplified surveys the density of points in the control points layer and the accuracy and reliability required in the landownership layer may be reduced in accordance with articles 75, 76 and 77.art. 75 control points layer the density of the control point network must meet the needs of the reallotment process, notably the determination of the perimeter, the planning and execution of technical procedures and the economical data capture for the other information layers.art. 76 landownership layer in areas not yet surveyed 1 in areas which have not yet been surveyed, only those boundaries which are not expected to be affected by the reallotment must be demarcated.2 the cantons may reduce the accuracy requirements in relation to the tolerance levels given in article 31.3 proof of reliability in accordance with article 35 is not required.art. 77 landownership layer in surveyed areas in surveyed areas, the landownership layer may be dealt with in accordance with the regulations for provisional digitisation (art. 89-108).art. 78 work following land reallotment after land reallotment:a.the boundaries for the landownership layer must be demarcated and delimited and the points must be monumented in accordance with the regulations laid down in ocs; andb.the data for all information layers must be completed so as to meet the full requirements of official cadastral surveying.art. 79 coordination of procedures the federal directorate of cadastral surveying coordinates the payment process for surveying work when surveying is carried out at the same time as agricultural or forestry land reallotment.title 7 management of official cadastral surveying, including archiving, metadata and history91 91 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 1 general art. 8092 definition the management and maintenance of official cadastral surveying comprises the organisational and technical measures for data management, conservation, archiving, provision of metadata and historical information, and the safeguarding of its components in order to preserve its value.92 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 81 supervision the cantons shall periodically monitor the management of data under articles 83 and 84 and data security under article 85.art. 82 administrative unit the smallest administrative unit for the components of official cadastral surveying is the commune.chapter 2 official cadastral surveying data management93 93 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759). art. 83 data management documentation data management documents with the following minimum content must be produced and continuously updated:94a.95initial situation at the time of production of digital data for one or more communes, with an assessment of the quality, currency and completeness of the work to date, together with a description of the documentation and the method of archiving and documenting the history of the existing material;b.responsibility for data management;c.responsibility for access to and changes in the data;d.diagram showing the internal organisation of data update;e.96description of the technical documentation, both that produced when the official cadastral surveying was carried out and that which is to be produced when it is updated, as well as information about the archiving, metadata and history of the existing material;f.directions on action to be taken in the event of data errors and on detecting discrepancies in the database;g.operations report.94 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).95 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).96 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 84 supervision of changes in the database 1 after changes in the database, the person responsible must check and record their completeness, consistency, plausibility and quality.2 automated processes must be used at least for the plausibility check in paragraph 1 above.art. 85 data security 1 those responsible for managing the data of official cadastral surveying have a duty to take appropriate security measures based on accepted principles in accordance with the current state of technology.2 a computer security plan must be established, based on swiss standard sn 612010.9797 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).chapter 3: management of other components of official cadastral surveying98 98 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 86 control points and boundary markers the cantons take necessary measures for the protection and maintenance of control point monuments and boundary markers.art. 8799 plans, documents and components of cadastral surveying carried out under the old regulations 1 the canton issues directives necessary for the management of:a.the land registry plans;b.other extracts produced for the management of the land register; and c. relevant technical documentation.2 the canton issues directives on the archiving, metadata and documentation of the history of the components of official cadastral surveying carried out under the old regulations.99 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 4 archiving, metadata and documentation of history100 100 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759). art. 88 1 the archiving of technical documentation is intended to ensure that, during the retention periods indicated under paragraph 2 below, all changes can be fully understood and reconstituted.1012 the documentation under articles 68, 70 and 71 must be retained until the approval of the surveying work, while that under articles 69, 72 and 73 must be retained until the renovation of the corresponding information layers.3 the measurements and computations used for the determination of control points in accordance with articles 54-56 must be archived in suitable form in their entirety.4 the cantons control the archiving, metadata and documentation of history of extracts produced in accordance with articles 65-67. the provisions of the tlro102 are reserved. 103101 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).102 sr 211.432.11103 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).title 8 provisional digitisation chapter 1 general art. 89 purpose 1 provisional digitisation is intended specifically for cadastral surveying carried out under the old regulations and serves:a.the preservation of existing cadastral surveying work;b.data security;c.the supply of digital data; andd.the creation of land information systems.2 provisional digitisation is essentially limited to the conversion of the land registry plan into digital vector form.art. 90104 replacement of the provisional digitisation 1 provisionally digitised surveys must be replaced by an initial survey (resurvey) or by renovation of the existing survey.2 the cantons shall specify the timetable for this replacement in their implementation plan.104 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 2 basic principles art. 91 general provisions 1 the data must be structured in accordance with article 6 paragraph 2 ocs and described in the interlis data description language.1052 the accuracy of the cadastral map must be preserved.3 the cantons shall decide on the replacement of the cadastral map by a new map at the same scale or smaller. if the data is published at a larger scale, the scale of survey from which it is derived must be noted.1064 existing coordinate values must be retained provided that they meet the quality requirements of the old regulations.105 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).106 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 92 control points layer 1 the control point network is normally taken from the existing survey.2 in areas where no control network exists or the existing network is inadequate, control points and reference points shall be fixed so as to provide a connection to the geodetic reference system and to meet the needs of the provisional digitisation.107107 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 93 landownership108 layer the data is taken from the cadastral map.108 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 94 land cover, single objects and pipelines layers109 1 the data is taken from the cadastral map only if it is still current.2 in general objects which are missing on the cadastral map are not surveyed.109 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 95110 extent of retention of existing data 1 the cantons decide how much of the existing map content should be retained, on the basis of the federal data model and the cantonal additions.2 the quality of the data must be clearly indicated by the corresponding attribute.110 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 96 sheet boundaries the existing sheet boundaries are in general retained.art. 97 data capture digitisation is carried out on the basis of the original map.chapter 3 accuracy and reliability requirements section 1 general provisions art. 98 reference points (for digitising set-up procedure) a transformation (adjustment for scale and distortion) should be carried out based on the largest possible number of well distributed reference points (with a minimum of five). extrapolation must be avoided.art. 99 accuracy accuracy is defined in terms of the guidelines given in articles 101 and 103. if the prescribed accuracies cannot be maintained, further action should be arranged in consultation with the cantonal surveying supervision service.art. 100 reliability the following checks must be carried out:a.check plots at the scale and in the format of the cadastral map;b.consistency checks for the landownership layer within the whole perimeter;c.comparison of the old and new areas of properties: the cantons decide how to deal with any differences.section 2 accuracy with semi-graphic and partly digital survey work art. 101 adjustment of old cadastral maps 1 for maps on card, the planimetric accuracy (standard deviation) at reference points and the maximum residual error vectors on transformation (adjustment for scale and distortion) must meet the following benchmarks:1 : 500 8.0 cmmax. 24.0 cm1 : 100016.0 cmmax. 48.0 cm1 : 200032.0 cmmax. 96.0 cm2 for maps on aluminium plates, the benchmark figures given in paragraph 1 above are reduced by 25%.art. 102 comparison of coordinates of computed points 1 the congruency between previously computed points and their digitised coordinates should be checked.2 the benchmarks given in article 101 must be followed. the maximum value corresponds to the largest discrepancy on an individual point.section 3 accuracy with graphic survey work art. 103 adjustment of old cadastral maps the planimetric accuracy (standard deviation) of reference points and the maximum residual error vectors on transformation (adjustment for scale and distortion) must be within two times the values given in article 101.chapter 4 working procedure art. 104 technical specification the description of the work is laid down contractually in a technical specification, in terms of the source documents and an analysis of the state of the survey before digitisation. this specifies: a.the preparatory work (including inventory of maps);b.the digitisation itself;c.checks required (quality, consistency, etc.);d.completion work; ande.111cantonal additions.111 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).art. 105 documents to be delivered the following documents must be delivered on completion:a.a technical report including an analysis of the state of the survey prior to digitisation;b.control network documentation if new control points were determined;c.calibration reports for instruments and equipment used;d.statistics for map adjustment (digitising set-up procedure) including the accuracy of fit to reference points and the maximum discrepancy;e.consistency checks on the landownership layer for each map and for the whole project;f.a comparison of the old and new areas of properties for each map together with a statement of differences and tolerances;g.data in raster format (where available);h.check plots and/or new cadastral maps where applicable.chapter 5 updating art. 106 basic principle 1 all components of provisionally digitised work must be updated.2 the re-establishment of boundary markers must be based on the original survey.art. 107 general provision all mutations must be integrated into the control network of the underlying reference system of the provisional digitisation so as to guarantee adherence to the neighbourhood accuracy principle.art. 108 boundary mutations boundary point coordinates provided from the provisional digitisation must be replaced by computed values from any available original observation documents.title 9 approval and payment chapter 1 approval112 112 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514). art. 109113 1 to apply for approval in accordance with article 30 ocs, the following documents must be submitted to the federal directorate of cadastral surveying:a.the application for approval;b.where necessary, confirmation that defects detected in the preliminary inspection in accordance with article 27 ocs have been corrected;c.all documents from the cantonal approval process, including the report by the cantonal surveying supervision service on the execution and verification of the cadastral surveying;d.the data inspection report of a checking service designated by the federal directorate of cadastral surveying, certifying that the cadastral surveying data conforms to the federal data model and is free of error.e.the final accounts.2 the federal directorate of cadastral surveying may specify in the programme agreement with the canton that further documents and data must be submitted.113 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).chapter 2 payment art. 110114 documentation payment shall be calculated based on the documentation in accordance with article 109.114 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).art. 111115 guarantee of payment 1 payment is guaranteed within the framework of the provisions of article 30bis116 ocs.2 the provisions include, as minimum, details of the contracting parties, the services to be carried out by each, the payment conditions and procedures and the proof that the work has been completed.3 the federal directorate of cadastral surveying specifies the documents to be provided for each work.115 amended in accordance with no i of the ddps ordinance of 11 march 2003 (as 2003 514).116 this article has been repealed.art. 112117 117 repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).title 10 final provisions chapter 1 repeal of current legislation art. 113 the following are repealed: a.the directives of 29 august 1925118 on the demarcation, land parcel survey and updating of the cadastral survey covering swiss federal railway property;b.the directives of 21 may 1927119 on the production of copies at 1:1000 scale of cadastral plans showing all railway property; c.the instruction of 18 october 1927120 on the use of polar coordinate methods with optical distance measurement on cadastral surveys; d.the instruction of 24 december 1927121 on the production of a general map within the cadastral survey; e.the directives of 14 march 1932122 on the maintenance of survey control points; f.the directives of 23 december 1932123 on the updating of copies at 1:1000 scale of the cadastral plan and the maintenance of survey control points on railway property; g.the directives of 30 june 1967124 on the employment of personnel on the cadastral survey; h.the regulation of 30 june 1967125 on the granting of authorisation to surveying technicians to work on the cadastral survey; i.the directives of 28 november 1974126 on the reproduction and updating of the general map within the cadastral survey; k.the directives of 28 november 1974127 on the use of automated data processing in land parcel survey. 118 not published in the as.119 not published in the as.120 not published in the as.121 [bs 2 613; as 1955 801 art. 22, 1975 109 art. 20 para. 1]122 [bs 2 588]123 [bs 2 622]124 [as 1967 1025]125 [as 1967 1028]126 [as 1975 109]127 [as 1975 115]chapter 2 transitional provisions art. 114 initial survey replacing old definitively approved surveys 1 definitively approved surveys which were produced under the regulations in force prior to 15th december 1910 must be replaced by an initial survey (resurvey) in accordance with the new regulations.2 other definitively accepted surveys which were produced under the regulations in force prior to 10th june 1919 must be replaced by an initial survey (resurvey) in accordance with the new regulations if:a.the original determinations of control traverses and detail points exceed the 1919 tolerances; orb.the detail survey in instruction zone ii was carried out by plane table methods in accordance with letter a above.art. 114bis 128 128 inserted by no i of the ddps ordinance of 11 march 2003 (as 2003 514). repealed by no i of the ddps ordinance of 5 june 2008 (as 2008 2759).art. 115 continued validity of previous law for work which is carried out or continued in accordance with the old regulations the following remain in force:a.the instruction of 24 december 1927129 on the production of a general map within cadastral surveying;b.the directives of 28 november 1974130 on the reproduction and updating of the general map within cadastral surveying;c.the directives of 28 november 1974131 on the use of automated data processing in land parcel survey.129 [bs 2 613; as 1955 801 art. 22, 1975 109 art. 20 para. 1]130 [as 1975 109]131 [as 1975 115]art. 115a132 transitional provision relating to amendment of 5 june 2008 the timetable for completion of the technical amendments made necessary by the amendment of ocs dated 21 may 2008133 and the present amendment of this ordinance will be specified in the programme agreement.132 inserted by no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).133 as 2008 2745chapter 3 commencement art. 116 this ordinance comes into force on 1 july 1994.annex a134 134 this annex applies in the version of 18 dec. 2001. the text of this annex is not published in the as. separate copies of the ordinance including annex may be obtained from the federal directorate of national surveying, 3084 wabern, (see as 2003 514).(art. 7 para. 2, art. 8 para. 5, art. 9 para. 1)federal data model described in interlis annex b135 135 amended in accordance with no i of the ddps ordinance of 5 june 2008, in force since 1 july 2008 (as 2008 2759).(art. 64)extracts for the management of the land register and technical documentation initial surveyrenovationcontinuous updatingperiodic updatinginformation layer:control points-instrument calibration reports -design of observing schemes -proposal for monumentation-original measurements (observations) -original computations -network and error diagram-map or plan of pointsa -station descriptionsa -contractor's report-instrument calibration reports-design of observing schemes-proposal for monumentation -measurements (observations) for renovation -computations for renovation -network and error diagram -map or plan of pointsa -station descriptionsa -contractor's report-design of observing schemes-measurements (observations) for updating work-computations for updating work-extract of network and error diagram -map or plan of pointsa -station descriptions a-map or plan of pointsa -station descriptions a -contractor's reportinformation layer:land cover-instrument calibration reports-original plans used for the work -aerial photographs -original measurements (observations)-original computations -documentation of checks -digitising set-up adjustment reports -contractor's report-instrument calibration reports -original plans used for the work -aerial photographs -measurements (observations) for renovation-computations for renovation -documentation of checks -digitising set-up adjustment reports -contractor's report-original plans used for the work -measurements (observations) for updating work )-computations for updating work -documentation of checks-original plans used for the work -aerial photographs -measurements (observations) for updating work )-computations for updating work -documentation of checks -contractor's reportinformation layer:single objects-instrument calibration reports-original plans used for the work -aerial photographs -original measurements (observations)-original computations -digitising set-up adjustment reports -contractor's report-instrument calibration reports-original plans used for the work -aerial photographs -measurements (observations) for renovation -computations for renovation -digitising set-up adjustment reports -contractor's report-original plans used for the work -measurements (observations) for updating work -computations for updating work-original plans used for the work -aerial photographs -measurements (observations) for updating work-computations for updating work -contractor's reportinformation layer:heights-instrument calibration reports -original plans used for the work -aerial photographs -original measurements (observations)-original computations -contractor's report-instrument calibration reports-original plans used for the work -aerial photographs -measurements (observations) for renovation -computations for renovation -contractor's report-original plans used for the work -measurements (observations) for updating work -computations for updating work-original plans used for the work -aerial photographs -measurements (observations) for updating work -computations for updating work -contractor's reportinformation layer:local names -names plan -documentation of checks -contractor's report-names plan -documentation of checks -contractor's report-extract of names plan with old/new versions -documentation of checksinformation layer:landownership-instrument calibration reports-original plans used for the work -aerial photographs -original measurements (observations)-original computations -documentation of checks -digitising set-up adjustment reports -property description -contractor's report-instrument calibration reports-original plans used for the work -aerial photographs -measurements (observations) for renovation -computations for renovation-area comparison -documentation of checks -digitising set-up adjustment reports -property description -contractor's report-original plans used for the work -measurements (observations) for updating work -computations for updating work -documentation of checks -plan and table of changes (mutations) information layer:pipelines-instrument calibration reports-original plans used for the work -aerial photographs -original measurements (observations)-original computations -digitising set-up adjustment reports -contractor's report-instrument calibration reports-original plans used for the work -aerial photographs -measurements (observations) for renovation -computations for renovation -digitising set-up adjustment reports -documentation of checks -contractor's report-original plans used for the work -measurements (observations) for updating work -computations for updating workinformation layer:territorial boundaries-instrument calibration reports -original plans used for the work -aerial photographs -original measurements (observations)-original computations -digitising set-up adjustment reports -contractor's report-instrument calibration reports -original plans used for the work -aerial photographs -measurements (observations) for renovation -computations for renovation -digitising set-up adjustment reports -documentation of checks -contractor's report-original plans used for the work -measurements (observations) for updating work -computations for updating work -plan and table of changes (mutations) -plan extract of old and new territorial boundaries for fdcs/swisstopo information layer:permanent landslip areas (land subject to continuous movement)-instrument calibration reports -original plans used for the work -aerial photographs -original measurements (observations)-original computations -digitising set-up adjustment reports -contractor's report -plans showing permanent landslip areas -instrument calibration reports -original plans used for the work -aerial photographs -measurements (observations) for renovation-computations for renovation-digitising set-up adjustment reports -documentation of checks -contractor's report -plans showing permanent landslip areas-original plans used for the work -measurements (observations) for updating work -computations for updating work -plan and table of changes (mutations) -plans showing permanent landslip areasinformation layer:building addresses-location plan and road/street index -contractor's report-location plan and road/street index -contractor's report-location plan and road/street indexinformation layer:administrative divisions-sheet boundariesa -documentation of checks -contractor's report-sheet boundaries a -documentation of checks -contractor's report-sheet boundaries a -documentation of checksadocument to be updated annex c136 136 repealed by no i of the ddps ordinance of 5 june 2008, with effect from 1 july 2008 (as 2008 2759).

221.433 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on due diligence and transparency in relation to minerals and metals from conflict-affected areas and child labour(ddtro)of 3 december 2021 (status as of 1 january 2022)the swiss federal council,based on articles 964j1 paragraphs 2-4 and 964k paragraph 4 of the code of obligations (co)2,ordains:1 the references to the co were amended on 1 jan. 2022 in application of art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512).2 sr 220section 1 general provisions art. 1 subject matter this ordinance regulates the due diligence and reporting obligations to be complied with by companies under articles 964j-964l co in relation to minerals and metals from conflict-affected and high-risk areas and in relation to child labour.art. 2 definitions (art. 964j para. 1 co)1 in this ordinance:a. undertakings means natural persons, legal entities and partnerships whose seat, domicile, head office or principal place of business is in switzerland and that operate a business;b. supply chain means a process that includes an undertaking's own business activity and that of all upstream economic operators that:1. have possession of minerals or metals originating from conflict-affected and high-risk areas and that are involved in their shipment, treatment and processing in the final product,2. offer products or services in relation to which there are reasonable grounds to suspect that they have been manufactured or provided using child labour;c. minerals means ores and concentrates containing tin, tantalum or tungsten, as well as gold as specified in annex 1 part a, also in the form of by-products;d. metals means metals containing or consisting of tin, tantalum or tungsten, as well as gold as specified in annex 1 part a, also in the form of by-products;e. conflict-affected and high risk areas means areas in a state of armed conflict or fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and in which there are widespread and systematic violations of international law, including human rights abuses; f. child labour means1. any form of work performed within or outside an employment relationship by persons who have not reached the age of 18 and which is among the worst forms of child labour as defined in article 3 of ilo convention no. 182 of 17 june 19993 concerning the prohibition and immediate action for the elimination of the worst forms of child labour (ilo convention no. 182), 2. in the case of work performed on the territory of a state which has ratified ilo convention no. 138 of 26 june 19734 concerning minimum age for admission to employment (ilo convention no. 138), in addition: any form of child labour prohibited under the legislation of that state, provided that the legislation is in conformity with ilo convention no. 138,3. in the case of work performed on the territory of a state which has not ratified ilo convention no. 138, in addition:- any form of work performed within or outside an employment relationship by persons who are subject to compulsory education or who have not yet reached the age of 15, and- any form of work performed within or outside an employment relationship by persons who have not reached the age of 18, provided that such work, by its nature or the circumstances in which it is performed, is likely to be dangerous to the life, health or morals of the young person concerned.2 child labour as defined in paragraph 1 letter f does not include activities in the context of vocational training or light work within the meaning of articles 6 and 7 of ilo convention no. 138.3 sr 0.822.728.24 sr 0.822.723.8section 2 scope of application of due diligence and reporting obligations in relation to minerals and metals art. 3 checks for minerals and metals from conflict and high-risk areas (art. 964j para. 1 no 1 co)1 undertakings shall check whether minerals and metals originate from conflict-affected or high-risk areas if the import and processing quantities specified in article 4 are exceeded.2 if the check establishes that the minerals and metals do not originate from a conflict-affected or high-risk area, the undertaking shall document this finding and shall be exempt from the due diligence and reporting obligations.art. 4 exemptions for import and processing quantities (art. 964j para. 2 co)1 the annual import and processing quantities for minerals and metals below which an undertaking is exempt from the due diligence and reporting obligations are set out in annex 1.2 if an undertaking controls one or more other undertakings, the import and processing quantities apply to the entire group of undertakings. section 3 scope of application of due diligence and reporting obligations in relation to child labour art. 5 checks for suspected child labour (art. 964j para. 1 no 2 co)1 undertakings shall check whether there are reasonable grounds to suspect child labour, unless one of the exceptions to the due diligence and reporting obligations in articles 6 and 7 applies.2 if, based on the check, there are no reasonable grounds to suspect child labour, the undertaking shall document this finding and shall be exempt from the due diligence and reporting obligations.art. 6 exception for small and medium-sized undertakings (art. 964j para. 3 co)1 small and medium-sized undertakings are not required to check whether there are reasonable grounds to suspect child labour and are exempt from the due diligence and reporting obligations.2 small and medium-sized undertakings are undertakings which, together with the domestic and foreign undertakings that they control, fall below two of the following amounts in two successive business years: a. a balance sheet total of chf 20 million;b. sales revenue of chf 40 million; c. 250 full-time equivalent positions on average for the year.art. 7 exemption for low-risk undertakings (art. 964j para. 3 co)1 undertakings with low risks in relation to child labour are not required to check whether there are reasonable grounds to suspect child labour and are exempt from the due diligence and reporting obligations.2 a low risk in relation to child labour is assumed if a company operating in countries whose due diligence response is rated as basic by unicef in its children's rights in the workplace index5:a. purchases or manufactures products in accordance with the indication of origin;b. primarily procures or provides services. 3 undertakings must document the extent to which they have a low risk in relation to child labour. 5 available at: www.childrensrightsatlas.org > data and indices.art. 8 evident use of child labour (art. 964j para. 1 no 2 co)if an undertaking offers products or services that have evidently been produced or provided using child labour, articles 5-7 do not apply and it is subject to due diligence and reporting obligations.section 4 exemptions from the due diligence and reporting obligations due to compliance with internationally recognised equivalent regulations (art. 964j para. 4 co)art. 9 1 undertakings that adhere to internationally recognised equivalent regulations are exempt from the due diligence and reporting obligations.2 the internationally recognised equivalent regulations are those listed in annex 2.3 the undertaking shall prepare a report in which it names the internationally recognised regulations, and shall apply them in their entirety. section 5 due diligence art. 10 supply chain policy on minerals and metals (art. 964k para. 1 no 1 co)1 the undertaking shall establish a supply chain policy on minerals and metals that meets the following requirements: a. the undertaking shall ensure that it complies with the due diligence obligations in its supply chains when sourcing minerals and metals from conflict-affected and high-risk areas.b. it shall provide its suppliers and the public with up-to-date information on its supply chain policy and include its supply chain policy in contracts and agreements with suppliers.c. it shall ensure that concerns about minerals and metals originating from conflict-affected and high-risk areas can be reported in its supply chain.d. it shall identify and assess the risks of adverse impacts of minerals and metals originating from conflict-affected and high-risk areas in the supply chain, take appropriate measures to avert or mitigate such impacts, evaluate the results of the measures and communicate these results.2 the supply chain policy shall specify the instruments that the undertaking uses to identify, assess, eliminate or mitigate the risks of potential adverse impacts in its supply chain. these instruments include:a. on-site checks;b. information, in particular from public authorities, international organisations and civil society;c. consulting experts and specialist literature;d. obtaining assurances from economic operators in the supply chain and other business partners;e. using recognised standards and certification systems.3 the supply chain policy shall be based on the regulations set out in annex 2 part a.art. 11 supply chain policy on child labour (art. 964 k para. 1 no 2 co)1 the undertaking shall establish a supply chain policy on child labour that meets the following requirements: a. the undertaking shall ensure that it complies with the due diligence obligations in its supply chains when offering products or services that it has reasonable grounds to suspect have been produced or provided using child labour.b. it shall provide its suppliers and the public with up-to-date information on its supply chain policy and include its supply chain policy in contracts and agreements with suppliers.c. it shall ensure that concerns about child labour in its supply chain can be reported.d. it shall follow up on specific indications of child labour, take appropriate measures to avert or mitigate negative effects, evaluate the results of the measures and communicate these results.2 the supply chain policy shall specify the instruments that the undertaking uses to identify, assess, eliminate or mitigate the risks of potential cases of child labour in its supply chain. for this purpose, it shall make use of the instruments pursuant to article 10 paragraph 2.3 the supply chain policy shall be based on the regulations set out in annex 2 part b.art. 12 supply chain traceability system for minerals and metals (art. 964k para. 1 no 3 co)1 the undertaking shall establish a supply chain traceability system that includes and documents the following information for each mineral and metal originating from conflict-affected and high risk areas:a. a description of the mineral or metal, including its trade name; b. the supplier's name and address; c. the country of origin of the mineral; d. for metals, the names and addresses of the smelters and refineries in the supply chain;e. for minerals, if available: the mining volume or weight and the mining date;f. for minerals originating from conflict-affected or high risk areas or for which the undertaking has identified other supply chain risks listed in the regulations pursuant to annex 2 part a number 1: additional information according to the specific supply chain recommendations mentioned in the regulations, such as the mine from which mineral originates, the places where the mineral is aggregated, traded and processed with other minerals, and the taxes, duties and fees paid;g. for metals, if available: records of the reports of the inspections of smelters and refineries carried out by third parties;h. for metals for which records pursuant to letter g are not available:1. the countries of origin of the metals in the supply chain of the smelters and refineries,2. if the metals have been extracted from minerals originating from conflict-affected or high-risk areas, or if the undertaking has identified other supply chain risks listed in the regulations pursuant to annex 2 part a number 1, additional information in accordance with the specific recommendations for downstream operators set out in the regulations.2 by-products shall be traceable to the place where they were first separated from their primary mineral or primary metal.3 companies shall be exempted from the due diligence obligations under articles 14-16 if they can prove that they import and process metals that originate exclusively from recycling. art. 13 supply chain traceability system in relation to child labour (art. 964k para. 1 no 3 co)the undertaking shall establish a supply chain traceability system that includes and documents the following information for each product or service for which there are reasonable grounds to suspect child labour:a. a description of the product or service and, if one exists, the trade name; b. the names and addresses of the supplier and the production sites or the service provider for the undertaking.art. 14 reporting procedure (art. 964k para. 2 co)1 the undertaking shall establish, as an early warning mechanism for risk identification, a reporting procedure that allows all interested parties to raise reasonable concerns about the existence of a potential or actual adverse impact related to minerals and metals from conflict-affected or high-risk areas or child labour.2 the reports shall be documented.art. 15 risk management (art. 964k para. 2 co)1 undertakings shall identify risks in the supply chain and assess them in their risk management plan according to the likelihood of occurrence and severity of adverse impacts. in doing so, they shall be guided by the regulations in annex 2.2 identified risks in the supply chain shall be eliminated, prevented or minimised according to their likelihood of occurrence and the severity of the adverse impacts. the undertaking shall regularly review the effectiveness of the measures taken for this purpose.art. 16 audit in relation to minerals and metals (art. 964k para. 3 co)1 an audit in relation to minerals and metals shall be carried out annually in a report to the supreme management and governing body by an audit firm that is licensed by the federal audit oversight authority as an audit expert in accordance with the audit oversight act of 16 december 20056.2 the audit firm shall examine whether there are circumstances from which it may be concluded that due diligence pursuant to article 964k paragraphs 1 and 2 co has not been complied with. 3 article 728 co on the independence of the auditors shall apply by analogy.6 sr 221.302section 6 consolidated reporting (art. 964l co)art. 17 1 undertakings that are required to prepare consolidated financial statements must prepare a consolidated report. undertakings covered by the consolidated report are exempt from the separate reporting obligation pursuant to article 964l co.2 an undertaking registered in switzerland does is not required to prepare a separate report if:a. it is controlled by a legal entity registered abroad; andb. that legal entity prepares an equivalent report.3 undertakings that are not required to prepare a separate report must indicate in the notes to the financial statements the other legal entity in whose report they are included. they must publish this report.section 7 commencement art. 18 this ordinance comes into force on 1 january 2022.annex 1 (art. 2 para. 1 lets c and d and art. 4 para. 1)list of minerals and metals for which there are import and processing quantities below which undertakings are exempt from the due diligence and reporting obligations part a. minerals nametariff number. import and processing quantities below which undertakings are exempt from the due diligence and reporting obligations (kg/year)tin ores and concentrates2609 00 005 000tungsten ores and concentrates2611 00 00250 000tantalum ores or niobium ores and their concentratesex 2615 90 00100 000gold ores and concentratesex 2616 90 004 000 000gold in unwrought, semi-manufactured or powder formex 7108100part b. metals nametariff number import and processing quantities below which undertakings are exempt from the due diligence and reporting obligations (kg/year)tungsten oxides and hydroxidesex 2825 90 00100 000tin oxides and hydroxidesex 2825 90 003 600tin chlorideex 2827 39 9010 000tungstates2841 80 00100 000tantalatesex 2841 90 9030tungsten carbidesex 2849 90 0010 000tantalum carbidesex 2849 90 00770gold, in unwrought, semi-manufactured or powder formex 7108100ferro-tungsten and ferro-silico-tungsten7202 80 0025 000tin, in unwrought form8001100 000tin, as rods, profiles and wire80031 400tin, other goods 80072 100tungsten, in powder form8101 10 002 500tungsten unwrought, including only sintered bars and rods8101 94 00500tungsten, as wire8101 96 00250other semi-manufactures and articles of tungsten8101 99 00350tantalum unwrought, including only sintered bars and rods and in powder form8103 20 002 500other semi-manufactures and articles of tantalum8103 90 00150annex 2 (art. 9 para. 2, 10 para. 3, 11 para. 3, 12 para. 1 let. f and h no 2 and article 15 para. 1)internationally recognised equivalent regulations part a. regulations on minerals and metals from conflict-affected and high-risk areas in order to be exempt from the due diligence and reporting obligations under article 9, an undertaking must comply with the following regulations:1. the oecd due diligence guidance for responsible supply chains of minerals from conflict and high-risk areas (oecd conflict minerals guidance), dated april 20167, including all annexes and supplements; or2. regulation (eu) 2017/8218.7 available at: www.oecd.org > topics > corporate governance > due diligence guidance for enterprises > oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas.8 regulation (eu) 2017/821 of the european parliament and of the council of 17 may 2017 laying down supply chain due diligence obligations for union importers of tin, tantalum, tungsten, their ores and gold from conflict-affected and high-risk areas, last amended by oj l 130, 19.5.2017, p. 1.part b. regulations on child labour in order to be exempt from the due diligence and reporting obligations under article 9, an undertaking must comply with the following regulations:1. ilo conventions nos 1389 and 18210 and the ilo-ioe child labour guidance tool for business of 15 december 201511, and2. the oecd due diligence guidance for responsible business of 30 may 201812 or the un guiding principles on business and human rights.139 sr 0.822.723.810 sr 0.822.728.211 available at: www.ilo.org/ipec.12 available at: http://mneguidelines.oecd.org > due diligence.13 available at: www.ohchr.org > publications and resources > publications > reference materials > guiding principles on business and human rights: implementing the united nations "protect, respect and remedy" framework

232.112.2 english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.ordinanceon the register for appellations of origin and geographical indications for non-agricultural products(pao/pgi ordinance for non-agricultural products)of 2 september 2015 (status as of 1 january 2017)the swiss federal council,on the basis of article 50a of the trade mark protection act of 28 august 19921 and on article 13 of the federal act of 24 march 19952 on the statute and tasks of the swiss federal institute of intellectual property,ordains:1 sr 232.112 sr 172.010.31section 1 general provisions art. 1 subject matter this ordinance regulates the registration of appellations of origin and geographical indications for products, excluding agricultural products, processed agricultural products and wine, and forestry products and processed forestry products.art. 2 definitions in this ordinance:a. appellation of origin means a denomination which identifies a product as originating in a country, region or place, the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors and all stages of production of which take place in the defined geographical area;b. geographical indication means a denomination which identifies a product as originating in a country, region or place and of which a specific quality, reputation, or characteristic is essentially attributable to its geographical origin.art. 3 homonymous denominations 1 completely or partially homonymous denominations may be registered.2 there must be specific conditions which enable a distinction to be made between the completely or partially homonymous denominations in order to ensure that the producers are treated appropriately and the public is not misled.section 2 registration procedure art. 4 entitlement to submit an application for registration 1 any group of producers that is representative of a product may submit an application for registration to the swiss federal institute of intellectual property (ipi).2 a group of producers which submits an application for registration of an appellation of origin is deemed representative of the product in question if it fulfils the following criteria:a. its members produce at least half of the total production of the product.b. its members represent at least 60 per cent of the producers involved in each stage of production.3 a group of producers which submits an application for registration of a geographical indication is deemed representative of the product in question if it fulfils the following criteria:a. its members produce at least half of the total production of the product.b. its members represent at least 60 per cent of the producers who place the final product on the market.4 an individual may be deemed equivalent to a group if the following requirements are fulfilled:a. he or she is the only producer that wishes to submit an application for registration. b. the geographical area defined in the application for registration possesses characteristics which differ significantly from those of the neighbouring geographical areas or the product possesses characteristics different from those of the products produced in the neighbouring areas.5 applications for registration of foreign denominations may be submitted to the ipi by:a. a group or an individual in accordance with paragraph 2, 3 or 4; orb. the authority responsible for the country of origin on behalf of the beneficiaries.6 if a denomination of a trans-border geographical area or a traditional denomination connected to a trans-border geographical area is registered, several groups or authorities may submit a joint application.art. 5 content of the application for registration 1 the application for registration must demonstrate that the requirements of this ordinance for the registration of the appellation of origin or geographical indication have been met.2 it shall include in particular:a. the name of the group, its address and composition;b. proof that the group is representative;c. evidence that the quality, characteristics or reputation of a product is mostly or exclusively connected to its geographical origin; andd. the product specification in accordance with article 6.3 for foreign denominations, the dossier must be supplemented with:a. the address for service in switzerland of the group or the authority responsible for the country of origin;b. the name and address of the representative of the group or of the authority responsible for the country of origin as well as their address for service in switzerland where applicable;c. a document which certifies the protection of the denomination in the country of origin; andd. a document which describes the system of control applied by the private control bodies or authorities responsible for ensuring compliance with the product specification in accordance with article 18.4 the application for registration must be submitted to the ipi in an official language of the confederation or be accompanied by a certified translation in one of these languages.5 where the original language of the denomination does not use letters of the latin alphabet, the denomination must also be transcribed into such letters.art. 6 product specification 1 the product specification shall contain the following information:a. the denomination or denominations as well as the category of the registration (appellation of origin or geographical indication);b. the definition of the geographical area of the product;c. if the application concerns an appellation of origin: a definition of the production stages;d. a description of the product, including the raw materials and the main sensory, physical, chemical and microbiological properties;e. a description of the production method;f. the designation of one or more certification bodies in accordance with article 15, or, for foreign denominations, the designation of one or more private control bodies or authorities responsible for ensuring compliance with the product specification in accordance with article 18.2 it may also include the following information:a. the criteria for evaluating the quality of the final product;b. a description of the distinctive shape of the product;c. the specific elements of the labelling or outer packaging;d. elements of the inner packaging, where the group is able to justify that the inner packaging is necessary in order to guarantee the quality as well as the traceability or control of the product in the defined geographical area.art. 7 opinions 1 the ipi may obtain opinions from experts.2 it shall invite the relevant cantonal and federal authorities to submit their opinions.art. 8 examination, decision and publication 1 the ipi shall decide whether the application for registration meets the requirements of articles 2-6 and shall take the opinions submitted into account. 2 the decision on the registration may contain specific conditions as defined in article 3 paragraph 2 or may clarify that protection is not granted for certain elements of the denomination concerned.3 the ipi shall publish:a. once the application for registration has been received: the denomination or denominations concerned, the name and address of the group or authority responsible for the country of origin as well as their representative where applicable, the category of the requested registration (appellation of origin or geographical indication) and the date of receipt of the application;b. if the application is approved: the information under article 11 paragraph 4.4 the ipi shall determine the organ of publication.art. 9 objection to the registration 1 the following may object to the registration: a. any party as defined in the federal act of 20 december 19683 on administrative procedure;b. the cantons, provided the case relates to a swiss denomination, a trans-border denomination within the meaning of article 4 paragraph 6 or a foreign denomination that is the same as or similar to that of a cantonal geographical unit or a traditional denomination used in switzerland.2 the objection must be submitted in writing to the ipi within three months of the publication of the registration. 3 in particular, the following grounds for objection may be asserted:a. the denomination does not comply with the definitions under article 2; a generic denomination, in particular, does not comply with the definitions under article 2.b. the applicant group is not representative.c. the proposed registration would be disadvantageous to a completely or partially homonymous trade mark used for a similar product in view of the length of use of this trade mark, its reputation and its degree of notoriety.4 the ipi shall make a decision on the objection.3 sr 172.021art. 10 amendment of the product specification 1 for applications to amend the product specification, the same procedure applies as for applications for registration.2 in the following cases, the ipi shall make a decision without carrying out all stages of the registration procedure:a. the application solely concerns the certification bodies under article 15 or the control bodies or authorities under article 18.b. the application solely concerns labelling elements. c. the application solely concerns the definition of the geographical area without changing the delimitation.section 3 register art. 11 entry in the register 1 the ipi shall maintain the register of appellations of origin and geographical indications in accordance with this ordinance.2 it may maintain the register in electronic form.3 it shall enter the approved denominations in the register if the following requirements are fulfilled:a. there has been no objection within the time limit provided.b. any objections and appeals have been rejected.4 the register shall include:a. the denomination or denominations;b. the category of the registration: protected appellation of origin or protected geographical indication;c. the name and address of the group or authority responsible for the country of origin as well as their representative where applicable;d. the product specification;e. the date of submission of the application for registration and its contents, the date and contents of the application to amend the product specification and the date and contents of the decisions, appeals and objections relating to these applications;f. the name and address of the bodies or authorities responsible for verifying compliance with the applicable product specification before the products are placed on the market.5 incorrect registrations shall be rectified:a. at the request of the group;b. ex officio if the error is purely formal or if it is due to an oversight on the part of the ipi.6 amendments which concern the name and address of the group are not subject to the registration procedure.7 any person may inspect the register and request extracts from it.art. 12 duration of registration the entry of a denomination in the register is for an unlimited duration, subject to a cancellation under article 13.section 4 cancellation art. 13 1 the ipi shall cancel the registration of a denomination:a. on request, where the denomination is no longer used or where all users and the cantons or authorities of the country concerned are no longer interested in maintaining the registration;b. ex officio, if it is established that compliance with the product specification is no longer ensured;c. ex officio, if it is established that the foreign denomination is no longer protected in the country of origin.2 the ipi shall consult the relevant federal and cantonal authorities in advance in the case of a swiss denomination, or the authority responsible for the country of origin in the case of a foreign denomination. it shall hear the parties pursuant to article 30a of the federal act of 20 december 19684 on administrative procedure.3 it shall inform the parties of the decision on the cancellation and shall publish it.4 sr 172.021section 5 fees art. 14 1 the fees shall be regulated in accordance with the fee regulations ordinance of 28 april 19975 of the swiss federal institute of intellectual property.2 the ipi shall only examine the applications and objections after the corresponding fee has been paid.5 sr 232.148section 6 control art. 15 designation and activities of the certification body 1 any person who uses a swiss appellation of origin or a swiss geographical indication registered in accordance with this ordinance must entrust one or more certification bodies listed in the product specification with checking the conformity of their products.2 the certification bodies must be accredited for each denomination that they certify in accordance with the accreditation and designation ordinance of 17 june 19966.3 for each denomination, they shall create a manual in which the control procedures are specified.4 the control manual applicable for each registered denomination shall be filed with the ipi.5 the certification bodies shall submit an annual report to the ipi for each registered denomination. this shall include the following information, in particular:a. the list of the businesses it controls;b. the number of products marketed with the registered denomination;c. the number and type of corrective actions and the number of certificates withdrawn.6 the certification bodies shall notify the ipi, the relevant cantons and the group of producers of the principal irregularities identified during the controls.6 sr 946.512art. 16 control procedures 1 the certification body must:a. grant an initial approval, based on a control of the structural requirements, of all producers who place the final product on the market and, in the case of an appellation of origin, all producers involved in all production stages;b. verify the flow of goods;c. ensure that the processing requirements are respected;d. oversee the evaluation of the final product in accordance with the criteria under article 6 paragraph 2 letter a, where applicable;e. control the use of the traceability marks under article 17.2 for producers that place the final product on the market, at least every two years, the certification body shall carry out a control of the flow of goods, the traceability and the processing requirements. for producers involved in the other production stages specified in the product specification of an appellation of origin, the certification body shall carry out a suitable control on a regular basis, using a representative sample. 3 the evaluation of the final product shall be carried out at least once a year for all producers that place the final product on the market.art. 17 traceability marks 1 the traceability mark is an element of authentication that enables the identification of the producer, and provides confirmation of the origin of the products and their conformity with the product specification.2 each individual final product must bear the traceability mark.3 where it is not suitable to do so due to the type of product, the traceability mark is affixed to the distinctive and non-reusable packaging of the final product.art. 18 control of foreign denominations 1 verification of compliance with the product specification of a foreign appellation of origin or a foreign geographical indication registered in accordance with this ordinance may be carried out, before the products are placed on the market and in accordance with the regulations of the relevant country of origin, by the following bodies or authorities:a. by one or more private control bodies;b. by one or more authorities designated by the country of origin.2 the group shall inform the ipi of any changes regarding the bodies and authorities under paragraph 1.section 7 protection art. 19 scope of protection 1 any commercial use of a denomination protected under this ordinance is prohibited for:a. similar products which do not fulfil the product specification;b. products that are not similar but where such use relies on the reputation of the protected denomination.2 paragraph 1 applies in particular if:a. the protected denomination is imitated or evoked;b. the protected denomination is translated;c. the protected denomination is accompanied by an expression such as kind, type, style, imitation or similar;d. the origin of the product is indicated.3 the imitation of a protected denomination or the evocation within the meaning of paragraph 2 letter a shall consist in particular of:a. any false or misleading indication about the origin of the product, the manufacturing process, the nature or essential characteristics of the inner packaging, outer packaging, advertising material or documentation of the product;b. any use of a container or packaging which may create a misleading impression about the origin of the product;c. any use of the distinctive shape under article 6 paragraph 2 letter b.art. 20 use of the designations pao and pgi or similar designations 1 the designations protected appellation of origin or protected geographical indication or the corresponding abbreviations pao or pgi must be indicated in an official language of the confederation on the labelling of the products for which the protected swiss denomination has been registered in accordance with this ordinance and in accordance with the corresponding product specification.2 the designations under paragraph 1 may be affixed on the labelling of the products for which the protected foreign denomination is used in accordance with the corresponding product specification.3 the use of the designations under paragraph 1 or similar designations or designations which could be confused with them is prohibited for products for which a denomination has not been registered in accordance with this ordinance or which do not comply with the product specification of the denomination registered in accordance with this ordinance, even if they are subject to the transitional periods under article 21.art. 21 transitional periods for the use of protected denominations 1 products which do not fulfil the requirements for the use of a registered appellation of origin or geographical indication, but which have been lawfully marketed with this denomination in good faith for at least five years prior to the submission of the application for registration, may continue to be packaged and labelled under this denomination for two years and marketed for three years from the publication of the registration.2 if the product specification of a denomination is amended in accordance with article 10, the products covered by the former product specification may continue to be packaged, labelled and marketed in accordance with the former product specification for two years from the publication of the amendment.section 8 commencement art. 22 this ordinance comes into force on 1 january 2017.

232.112.3 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on the use of swiss indications of sourcefor cosmetic productsof 23 november 2016 (status as of 1 january 2017)the swiss federal council,on the basis of article 50 paragraph 2 of the trade mark protection act of 28 august 19921,ordains:1 sr 232.11art. 1 subject matter and scope 1 this ordinance regulates the use of swiss indications of source for cosmetic products.2 in the absence of specific provisions in this ordinance, the provisions of the trade mark protection ordinance of 23 december 19922 apply.2 sr 232.111art. 2 definitions in this ordinance:a.cosmetic products means cosmetic products in accordance with the swiss legislation on foodstuffs and utility articles;b.bulk product means the substances and mixtures of substances used in a cosmetic product before it is filled into the primary packaging, or before it is combined with the applicator;c.applicator means a device that forms part of a cosmetic product or its packaging and that is used, in particular, to apply the cosmetic product;d.research, development and production costs means the manufacturing costs under article 4, excluding cost of materials;e.primary packaging means the packaging material that is used to store a cosmetic product and thereby comes into direct contact with the cosmetic product.art. 3 principle the swiss indication of source for a cosmetic product is considered to be correct if:a.at least 60 per cent of the manufacturing costs are incurred in switzerland; b.at least 80 per cent of the research, development and production costs are incurred in switzerland; andc.the following activities take place in switzerland or at the location specified in switzerland:1.the manufacture of the bulk product,2.filling the primary packaging with the cosmetic product or combining the bulk product and the applicator to make a ready-to-use cosmetic product, and3.the quality controls and certifications which are required by law or uniformly regulated in the economic sector.art. 4 relevant manufacturing costs 1 in the calculation of the manufacturing costs, only the following costs are taken into account:a.the costs of research and development, in particular the costs of testing the stability of a cosmetic product, of testing the compatibility of packaging, of microbiological challenge testing and of transferring laboratory processes into industrial production (upscaling costs);b.the costs of manufacturing the bulk product, including the cost of materials;c.the costs of filling the primary packaging with the cosmetic product and of combining the bulk product with an applicator to form a ready-to-use cosmetic product;d.the costs incurred in connection with manufacturing a cosmetic product in compliance with provisions regarding health protection, consumer information and safety assessment, particularly the costs of preparing a dossier on the safety assessment, for the authorisation, registration or notification of a cosmetic product, and of maintaining a product information file, unless these costs must be incurred abroad;e.the costs for quality controls and certifications under article 3 letter c number 3.2 excluded from the calculation under paragraph 1 are, in particular:a.the costs of tests primarily used for the purpose of marketing the cosmetic product;b.the costs of packaging and applicators, unless the costs in question are those specified under paragraph 1 letters a and c;c.the transport costs for the cosmetic product;d.the costs of storing the cosmetic product;e.the costs of commercialising the cosmetic product, as well as marketing and customer service costs.art. 5 indications concerning specific activities 1 if a cosmetic product as a whole does not fulfil the requirements for using the swiss indication of source, an indication concerning the specific activities related to the manufacture of the product may be used if the activity in question takes place exclusively in switzerland or at the location specified in switzerland.2 the indication of geographical origin of the specific activity may not give the impression that it is referring to the origin of the cosmetic product as a whole.3 the swiss cross and other indirect swiss indications of source, or signs which could be confused with these indications, may not be used in connection with the indication concerning specific activities.art. 6 indications of source for individual materials 1 if a cosmetic product as a whole does not fulfil the requirements for using the swiss indication of source, an indication of source for individual materials may be used if:a.the materials in question give the cosmetic product its name or essential characteristics and originate entirely from switzerland; andb.in the manufacturing process of the cosmetic product, the activities under article 3 letter c take place in switzerland or at the location specified in switzerland.2 the swiss indication of source may not appear in larger print than the specific designation of the cosmetic product.3 the swiss cross and other indirect swiss indications of source, or signs which could be confused with these indications, may not be used.4 the indication of geographical origin of individual materials may not give the impression that it is referring to the origin of the cosmetic product as a whole.art. 7 mandatory indication of the origin of goods 1 where a cosmetic product does not fulfil the requirements for using the swiss indication of source but mandatory provisions stipulate that the product or its packaging must indicate switzerland as the country of origin or must bear another indication of swiss origin if it is to be placed on the market, the following applies:a.the indication may not be highlighted, particularly in terms of colour, text size or graphic design.b.the indication must be incorporated into the other mandatory indications on the cosmetic product or its packaging.c.the swiss cross and other indirect swiss indications of source, or signs which could be confused with these indications, may not be used.2 with regard to cosmetic products intended for export, if mandatory provisions apply in the country of destination which are not compatible with the provisions under paragraph 1, then the provisions of the country of destination take precedence. art. 8 information on the availability of materials in switzerland the industry may provide information to manufacturers of cosmetic products by maintaining a list with information on the availability of materials for the manufacture of cosmetic products.art. 9 commencement this ordinance comes into force on 1 january 2017.

232.14english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton patents for inventions(patents act, pata)1of 25 june 1954 (status as of 1 april 2019)1 amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).the federal assembly of the swiss confederation,on the basis of article 122 of the federal constitution2,3and having considered the dispatch of the federal council dated 25 april 19504 and a supplementary dispatch dated 28 december 19515, decrees:2 sr 1013 amended by annex no 6 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).4 bbl 1950 i 9775 bbl 1952 i 1first title general provisions section 1 requirements for obtaining a patent and effects of the patent a. patentable inventions i. principle6 6 amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act revising the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).art. 1 1 patents for inventions are granted for new inventions applicable in industry.2 anything that is obvious having regard to the state of the art (art. 7 para. 2) is not patentable as an invention.73 patents are granted without the guarantee of the state.87 amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act revising the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).8 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).ii. the human body and its elements art. 1a9 1 the human body as such, at all stages of its formation and development, including the embryo, is not patentable.2 elements of the human body in their natural environment are not patentable. an element of the human body is, however, patentable as an invention if it is produced by means of a technical process, a beneficial technical effect is indicated and the further requirements of article 1 are fulfilled; article 2 remains reserved.9 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).iii. gene sequences art. 1b10 1 a naturally occurring sequence or partial sequence of a gene is not patentable as such.2 sequences that are derived from a naturally occurring sequence or partial sequence of a gene may, however, be patented as an invention if they are produced by means of a technical process, their function is specifically indicated, and the further requirements of article 1 are fulfilled; article 2 remains reserved.10 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).b. exclusion from patentability art. 211 1 inventions whose exploitation is contrary to human dignity or that disregard the integrity of living organisms or that are in any other way contrary to public policy or morality are not patentable. in particular, no patent may be granted for:a.processes for cloning human beings and the clones obtained thereby;b.processes for forming hybrid organisms by using human germ cells, human totipotent cells or human embryonic stem cells and the entities obtained thereby;c.processes of parthenogenesis by using human germinal material and the parthenogenetic entities obtained thereby;d.processes for modifying the germ line genetic identity of human beings and the germ line cells obtained thereby;e.unmodified human embryonic stem cells and stem cell lines;f.the use of human embryos for non-medical purposes;g.processes for modifying the genetic identity of animals which are likely to cause them suffering without being justified by overriding interests worthy of protection, and also animals resulting from such processes.2 also excluded from patentability are:a.methods for treatment by surgery or therapy and diagnostic methods practised on the human or animal body;b.plant varieties and animal varieties or essentially biological processes for the production of plants or animals; however, subject to the reservation of paragraph 1, microbiological or other technical processes and the products obtained thereby as well as inventions that concern plants or animals are patentable provided that their application is not technically confined to a single plant or animal variety.11 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).c. right to the grant of a patent i. principle art. 3 1 the inventor, his successor in title, or a third party owning the invention under any other title has the right to the grant of the patent.2 where several inventors have made an invention jointly, they have this right jointly.3 where two or more inventors have made the invention independently of each other, the person who makes the earlier application or whose application has the earliest priority date has this right.ii. in the examination procedure art. 4 in the procedure before the swiss federal institute of intellectual property12 (ipi)13, the patent applicant is deemed entitled to request the grant of the patent.12 name in accordance with no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).13 abbreviation in accordance with annex no 3 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).d. mention of the inventor i. right of the inventor art. 5 1 the patent applicant must provide the ipi with written confirmation of the name of the inventor.142 the person named by the patent applicant shall be mentioned as the inventor in the patent register, in the publication of the patent application and in the grant of the patent, as well as in the patent specification.153 paragraph 2 applies by analogy if a third party produces an enforceable judgment establishing that he and not the person named by the patent applicant is the inventor.14 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).15 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).ii. waiver of mention art. 6 1 if the inventor named by the patent applicant waives his right to the measures provided for in article 5 paragraph 2, these measures shall not be taken.2 a declaration made beforehand by the inventor waiving the right to be mentioned as such has no legal effect.e. novelty of the invention i. state of the art art. 716 1 an invention is considered to be new if it does not form part of the state of the art.2 the state of the art comprises everything made available to the public by means of a written or oral description, by use, or in any other way prior to the filing or priority date.3 with regard to novelty, the state of the art also includes the content of an earlier application or application with earlier priority designating switzerland in the version originally filed, and with a filing or priority date that precedes the date mentioned in paragraph 2, and which was only made available to the public on or after that date, provided that:a.in the case of an international application, the requirements of article 138 are fulfilled;b.in the case of a european application based on an international application, the requirements of article 153 paragraph 5 of the european patent convention of 5 october 1973 in its revised version of 29 november 200017 are fulfilled;c.in the case of a european application, the fees for the valid designation of switzerland as per article 79 paragraph 2 of the european patent convention of 5 october 1973 in its revised version of 29 november 2000 have been paid.1816 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).17 sr 0.232.142.218 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).ii. . art. 7a19 19 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).iii. non-prejudicial disclosures art. 7b20 where the invention has been made available to the public in the six months prior to the application date or priority date, this disclosure does not form part of the state of the art when it is due to, or a consequence of:21a.an evident abuse in relation to the patent applicant or his legal predecessor; orb.the fact that the patent applicant or his legal predecessor has displayed the invention at an official or officially recognised international exhibition falling within the terms of the convention on international exhibitions of 22 november 192822, and he has declared the fact at the time of filing and has produced sufficient supporting evidence in due time.20 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).21 amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).22 sr 0.945.11iv. new use of known substances a. first medical use art. 7c23 any substance or composition that forms part of the state of the art as such, but not in relation to its use in a surgical, therapeutic or diagnostic method specified in article 2 paragraph 2 letter a24 is deemed to be new provided it is intended solely for such use.23 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).24 rectified by the editorial commission of the federal assembly (art. 58 para. 1 parla - sr 171.10).b. further medical uses art. 7d25 any substance or composition that forms part of the state of the art as such, but not in relation to a specific use in a surgical, therapeutic or diagnostic method specified in article 2 paragraph 2 letter a26 that is distinct from the first medical use specified in article 7c is deemed to be new provided it is intended for use in the manufacture of a means to a surgical, therapeutic or diagnostic end.25 inserted by art. 2 of the fd of 16 dec. 2005 on the approval of the act revising the european patent convention and on the amendment of the patents act (as 2007 6479; bbl 2005 3773). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).26 rectified by the editorial commission of the federal assembly (art. 58 para. 1 parla - sr 171.10).f. effects of the patent i. right of exclusivity art. 827 1 the patent confers on its proprietor the right to prohibit others from commercially using the invention.2 use includes, in particular, manufacturing, storage, offering, placing on the market, importing, exporting and carrying in transit, as well as possession for any of these purposes.3 carrying in transit may only be prohibited if the proprietor of the patent is permitted to prohibit importation into the country of destination.27 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).ii. manufacturing process art. 8a28 1 if the invention concerns a manufacturing process, the effects of the patent also extend to the products directly obtained by that process.2 if the products directly obtained by the process concern biological material, the effects of the patent also extend to products obtained by propagating the biological material and which demonstrate the same characteristics. article 9a paragraph 3 remains reserved.2928 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).29 second sentence inserted by no i of the fa of 19 dec. 2008, in force since 1 july 2009 (as 2009 2615; bbl 2008 303).iii. genetic information art. 8b30 if the invention concerns a product that consists of or contains genetic information, the effects of the patent extend to any material in which the product is incorporated and in which the genetic information is contained and performs its function. article 1a paragraph 1 and 9a paragraph 3 remain reserved.3130 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).31 second sentence amended in accordance with no i of the fa of 19 dec. 2008, in force since 1 july 2009 (as 2009 2615; bbl 2008 303).iv. nucleotide sequences art. 8c32 the protection conferred by a claim to a nucleotide sequence that is derived from a naturally occurring sequence or partial sequence of a gene is limited to the sequence segments that perform the function specifically described in the patent.32 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).g. exceptions to effects of the patent i. in general art. 933 1 the effects of the patent do not extend to:a.acts undertaken within the private sphere for non-commercial purposes;b.acts undertaken for research or experimental purposes in order to obtain knowledge about the subject-matter of the invention including its uses; in particular, any scientific research concerning the subject-matter of the invention is permitted;c.acts necessary for obtaining marketing authorisation for a medicinal product in switzerland or in countries with equivalent medicinal product control;d.the use of the invention for teaching purposes at educational institutions;e.the use of biological material for the purpose of the production or the discovery and development of a plant variety;f.biological material that is obtained in the field of agriculture due to chance or is technically unavoidable;g.34acts undertaken as part of a medical activity concerning an individual person or animal and involving a medicinal product, in particular the prescribing, dispensing or use of medicinal products by legally authorised persons;h.35the direct individual preparation of medicinal products in pharmacies in accordance with a doctor's prescription or to acts concerning medicinal products prepared in this way.2 agreements which limit or revoke the powers contained in paragraph 1 are null and void.33 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).34 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).35 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).ii. in particular art. 9a36 1 if the proprietor of the patent has placed patent-protected goods on the market in switzerland or within the european economic area, or consented to their placing on the market in switzerland or within the european economic area, these goods may be imported and used or resold commercially in switzerland.2 if he has placed apparatus that can be used with a patent-protected process on the market in switzerland or within the european economic area, or consented to its placing on the market in switzerland or within the european economic area, the first and each subsequent person who acquires the apparatus is entitled to use this process.3 if the proprietor of the patent has placed patent-protected biological material on the market in switzerland or within the european economic area, or consented to its placing on the market in switzerland or within the european economic area, this material may be imported and propagated in switzerland, provided this is necessary for its intended use. the material so obtained may not be used for further propagation. article 35a remains reserved.4 if the proprietor of the patent has placed patent-protected goods on the market outside the european economic area or consented to their placing on the market outside the european economic area und if the patent protection for the functional characteristics of the goods is only of subordinate importance, the goods may be imported commercially. subordinate importance is presumed unless the proprietor of the patent provides prima facie evidence to the contrary.5 irrespective of the provisions of paragraphs 1-4, the consent of the proprietor of the patent for the placing on the market of patent-protected goods is reserved if their price in switzerland or in the country in which they are placed on the market is fixed by the state.36 inserted by no i of the fa of 22 june 2007 (as 2008 2551; bbl 2006 1). amended by no i of the fa of 19 dec. 2008, in force since 1 july 2009 (as 2009 2615; bbl 2008 303).art. 1037 37 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).h. marking of patented products i. patent mark art. 11 1 products that are protected by a patent, or their packaging, may be marked as being patented with the federal cross and the number of the patent. the federal council may prescribe additional indications.382 the proprietor of the patent may require any prior user or any licensee to affix the patent mark on the products manufactured by them or on the packaging of such products.3 if the prior user or licensee does not comply with the requirement of the proprietor of the patent, he is liable to the latter for any resulting losses without prejudice to the proprietor's right to require the use of the patent mark.38 amended by no i of the fa of 17 feb. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).ii. other markings art. 12 1 any person who issues or offers for sale his business papers, notices of any kind, products or goods bearing any other notice referring to patent protection must inform any third party on request of the number of the patent application or the patent to which the notice refers.2 any person who accuses third parties of infringing his rights or warns them against such infringement must, on request, give them the same information.j. residence abroad art. 1339 1 any person who is involved in administrative proceedings provided for in this act and does not have a residence or principal place of business in switzerland must designate an address for service in switzerland unless international law or the competent foreign body permits the authority to serve documents directly in the state concerned.40. an address for service in switzerland is not required for:41a.filing a patent application for the purpose of being accorded a filing date;b.paying fees, filing translations and filing and handling requests after the grant of the patent, in so far as the requests do not give rise to any objections.42 1bis the ipi is entitled to declare to the competent foreign body that direct service is permitted in switzerland in intellectual property matters provided switzerland is granted reciprocal rights.432 the provisions concerning the practice of the profession of attorney remain reserved.39 amended by no i of the fa of 17 dec. 1976, in force since 1 sept. 1978 (as 1977 1997; bbl 1976 ii 1).40 amended by annex no 4 of the fd of 28 sept. 2018 on the approval and implementation of european convention no 94 on the service abroad of documents relating to administrative matters, in force since 1 april 2019 (as 2019 975; bbl 2017 5947).41 amended by annex no 3 of the patent attorney act of 20 march 2009, in force since 1 july 2011 (as 2011 2259; bbl 2008 407).42 amended by art. 2 of the fd of 22 june 2007, in force since 1 july 2008 (as 2008 2677; bbl 2006 1).43 inserted by annex no 4 of the fd of 28 sept. 2018 on the approval and implementation of european convention no 94 on the service abroad of documents relating to administrative matters, in force since 1 april 2019 (as 2019 975; bbl 2017 5947).k. term of patent i. maximum term art. 14 1 the maximum term of the patent is 20 years from the filing date of the application.442 .4544 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).45 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).ii. premature lapse art. 15 1 the patent lapses:if the proprietor surrenders it by written declaration to the ipi;if a renewal fee that has become due is not paid within the prescribed time.462 .4746 amended by no i of the fa of 17 feb. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).47 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).l. reservation art. 1648 patent applicants or proprietors who are swiss nationals may rely on the provisions of the binding text for switzerland of the paris convention for the protection of industrial property of 20 march 1883,49 where those provisions are more favourable than the provisions of this act.48 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).49 sr 0.232.01, 0.232.02, 0.232.03, 0.232.04section 2 right of priority a. conditions and effects of priority50 50 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). art. 17 1 where an invention is the subject of a regular filing of an application for a patent for an invention, a utility model or an inventor's certificate, and where the filing takes place in or with effect in a country that is a party to the paris convention for the protection of industrial property of 20 march 188351 or the agreement establishing the world trade organization of 15 april 199452, (appendix 1c, agreement on trade-related aspects of intellectual property rights), it shall give rise to a right of priority in accordance with article 4 of the paris convention. this right may be claimed for a patent application filed in switzerland for the same invention within 12 months from the date of the first filing.531bis the first filing in a country that grants reciprocity to switzerland has the same effect as the first filing in a country that is party to the paris convention for the protection of industrial property.541ter except as otherwise provided by this act or by the ordinance, paragraph 1 above and article 4 of the paris convention for the protection of industrial property of 20 march 1883 apply by analogy to a first filing in switzerland.552 the effect of the priority right is that the application may not be prejudiced by any circumstances that have arisen since the date of the first filing.563 .5751 sr 0.232.01, 0.232.02, 0.232.03, 0.232.0452 sr 0.632.2053 amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).54 inserted by no i of the fa of 17 feb. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).55 inserted by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).56 amended by no i of the fa of 17 dec. 1976, in force since 1 sept. 1978 (as 1977 1997; bbl 1976 ii 1).57 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).b. entitlement to claim the right of priority58 58 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).art. 18 1 .592 the right of priority may be claimed by the first applicant or the person who has acquired the right belonging to the first applicant to file a patent application in switzerland for the same invention.603 if the first filing, the filing in switzerland or both were effected by a person who was not entitled to the grant of the patent, the entitled person may claim the priority deriving from that first filing.6159 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).60 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).61 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).c. formal requirements art. 1962 1 any person claiming a right of priority must file a declaration of priority and a priority document with the ipi.2 the right of priority is forfeited if the time limits and formal requirements laid down by the ordinance are not complied with.62 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).d. burden of proof in legal proceedings art. 20 1 acceptance of a priority claim in the procedure for the grant of the patent does not relieve the proprietor of the patent of the obligation to prove the existence of such right in the case of legal proceedings.2 the filing on the basis of which priority is claimed is presumed to be the first filing (article 17 para. 1 and 1bis).63 63 amended by no i of the fa of 17 dec. 1976, in force since 1. jan. 1978 (as 1977 1997; bbl 1976 ii 1).e. prohibition of double patenting art. 20a64 where an inventor or his successor in title has obtained two patents with the same filing date or priority date for the same invention, the effects of the patent based on the earlier application cease insofar as the scope of protection afforded by the two patents is the same.64 inserted by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706). art. 21-2365 65 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).section 3 modifications concerning the validity of the patent a. partial surrender i. conditions art. 2466 1 the proprietor of the patent may partially surrender the patent by requesting the ipi to:a.revoke a patent claim (art. 51 and 55); orb.limit an independent claim by combining one or more patent claims, which are dependent on it; orc.limit an independent claim in some other way; in such cases, the limited claim must refer to the same invention and define an embodiment that is included in the specification of the published patent and in the version of the patent application that determined the date of filing.2 .6766 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). 67 repealed by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, with effect from 13 dec. 2007 (as 2007 6479; bbl 2005 3773). ii. issue of new patents art. 2568 1 if, as a result of a partial surrender, patent claims remain that may not exist in the same patent in accordance with articles 52 and 55, the patent shall be limited accordingly.2 the proprietor of the patent may apply for the issue of one or more new patents to cover the dropped patent claims; such new patents are given the filing date of the original patent.3 following registration of the partial surrender in the patent register, the ipi shall set a time limit for the proprietor of the patent to apply for the issue of new patents in accordance with paragraph 2; after this time limit has expired, an application is no longer accepted.68 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). b. nullity action i. grounds for nullity art. 26 1 the court shall, on application, declare the nullity of the patent if:a.the subject-matter of the patent is not patentable under articles 1, 1a, 1b and 2;b.the invention is not described in the patent specification in a manner sufficiently clear and precise for it to be carried out by a person skilled in the art;c.the subject-matter of the patent goes beyond the content of the patent application in the version that determined the filing date;d.the proprietor of the patent is neither the inventor nor his successor in title, nor has a right to the grant of the patent on other legal grounds.692 where a patent is granted with recognition of priority, and the application claiming the priority does not lead to a patent, the court may require the proprietor of the patent to state the grounds and to present evidence; if the information is withheld, the court has full discretion in its judgment of this.7069 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).70 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).ii. partial nullity art. 27 1 where a ground for nullity applies to only a part of the patented invention, the court shall limit the patent accordingly.2 the court shall give the parties an opportunity to be heard on the proposed new version of the patent claim; it may also request the opinion of the ipi.3 article 25 applies by analogy.iii. right of action art. 2871 any person with a proven interest may bring a nullity action, with the exception of an action under article 26 paragraph 1 letter d, which may be brought only by an entitled person.71 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).c. effects of the modification of the validity of the patent art. 28a72 the effects of the granted patent shall be deemed not to have occurred from the outset insofar as the proprietor of the patent surrenders the patent or the court declares the nullity of the patent based on a nullity action.72 inserted by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).section 4 modifications concerning the right to the grant of the patent and the right to the patent; grant of licences a. action for assignment i. conditions and effects against third parties art. 29 1 when the patent application has been filed by an applicant who, under article 3, is not entitled to the grant of the patent, the entitled person may apply for assignment of the patent application or, if the patent has already been granted, he may apply for assignment of the patent or file an action for nullity. 2 .733 if an assignment is ordered, licences or other rights granted to third parties in the intervening period lapse; however, if they have used the invention commercially in switzerland in good faith or have made special preparations to do so, these third parties are entitled to be granted a non-exclusive licence.744 any claims for damages are reserved.5 article 40e applies by analogy.7573 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).74 amended by no i of the fa of 16 dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950).75 inserted by no i of the fa of 16 dec. 1994 (as 1995 2606; bbl 1994 iv 950). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).ii. partial assignment art. 30 1 if the plaintiff cannot prove his right to all claims of the patent, assignment of the patent application or of the patent shall be subject to the deletion of the patent claims to which the plaintiff has not proved his right.762 article 25 applies by analogy.76 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1997 1997; bbl 1976 ii 1).iii. deadline for filing an action art. 31 1 an action for assignment must be filed within two years from the official date of the publication of the patent specification. 2 an action against a defendant acting in bad faith has no filing deadline. b. expropriation of the patent art. 32 1 where public interest so dictates, the federal council may expropriate all or part of the patent. 2 the former proprietor of an expropriated patent is entitled to full compensation which, in the event of any dispute, is fixed by the federal supreme court; the provisions of section ii of the compulsory purchase act of 20 june 193077 apply by analogy. 77 sr 711c. transfer of the right to the grant of the patent and of the right to the patent art. 33 1 the right to the grant of the patent and the right to the patent passes to the heirs; these rights may be assigned to third parties either wholly or in part. 2 where the said rights are owned by two or more persons, each entitled person may exercise the rights only with the consent of the others; however, each one may independently dispose of his part or bring an action for infringement of the patent. 2bis the transfer of a patent application and of the patent by legal act is valid only if evidenced in writing.78 3 a patent may be transferred without the transfer being recorded in the patent register; however, until an entry is made, any action provided for in this act may be taken against the former proprietor of the patent. 4 rights of third parties not recorded in the patent register are invalid against persons who have acquired the rights to the patent in good faith. 78 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). d. grant of licences art. 34 1 the patent applicant or the proprietor of the patent may grant third parties the right to use the invention (grant of licences).2 where the patent application or the patent is owned by two or more persons, a licence may not be granted without the consent of all entitled persons. 3 licences of third parties not recorded in the patent register are invalid against persons who have acquired in good faith the rights to the patent.section 5 legal restrictions on rights conferred by the patent a. prior user rights; foreign vehicles art. 35 1 a patent may not be invoked against any person who, prior to the filing or priority date of the patent application, was commercially using the invention in good faith in switzerland or had made special preparations for that purpose.79 2 any such person under paragraph 1 may use the invention for the purposes of their trade or business; this right may be transferred or bequeathed only together with the trade or business.3 a patent has no effect with regard to vehicles which are only temporarily in switzerland, nor to equipment attached to these vehicles. 79 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1997 1997; bbl 1976 ii 1). abis. farmers' privilege i. principle art. 35a80 1 farmers who have acquired plant reproduction material placed on the market by the proprietor of the patent or with his consent may reproduce, on their own farm, the product from this material cultivated on their own farm.2 farmers who have acquired animal reproductive material or animals placed on the market by the proprietor of the patent or with his consent may reproduce, on their own farm, the animals obtained through reproduction of this material or these animals on their own farm.3 farmers are required to obtain the consent of the proprietor of the patent when they wish to give the product of their harvest or the animal or animal reproductive material obtained to third parties for reproduction purposes. 4 contractual agreements which limit or revoke the farmers' privilege in the area of food and feed production are null and void.80 inserted by art. 2 no 2 of the fd of 5 oct. 2007, in force since 1 sept. 2008 (as 2008 3897; bbl 2004 4155). ii. scope and compensation art. 35b81 the federal council determines the plant species included under the farmers' privilege; in so doing, it shall in particular take into consideration their importance as raw materials for food and feed.81 inserted by art. 2 no 2 of the fd of 5 oct. 2007, in force since 1 sept. 2008 (as 2008 3897; bbl 2004 4155). b. dependent rights i. dependent inventions82 82 amended by art. 2 no 2 of the fd of 5 oct. 2007, in force since 1 sept. 2008 (as 2008 3897; bbl 2004 4155). art. 3683 1 if a patented invention cannot be used without infringing a prior patent, the proprietor of the later patent has the right to a non-exclusive licence to the extent required to use his invention, provided that the invention represents an important technical advance of considerable economic significance in relation to the invention that is the subject-matter of the prior patent.2 a licence to use the invention that is the subject-matter of the prior patent may only be transferred jointly with the later patent. 3 the proprietor of the prior patent may make the grant of a licence conditional on the proprietor of the later patent granting him a licence to use his invention in return.83 amended by no i of the fa of 16 dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950). ii. dependent plant variety rights art. 36a84 1 when a plant variety right may not be claimed or used without infringing an earlier-granted patent, the plant breeder or the owner of the plant variety has the right to a non-exclusive licence to the extent required to obtain and use his plant variety right, provided that the plant variety represents an important advance of considerable economic significance in comparison to the patent-protected invention. for varieties for agriculture and food, the criteria under the seed ordinance of 7 december 199885 serve as a reference point.2 the proprietor of the patent may make the grant of a licence conditional on the owner of the plant variety granting him a licence to use his plant variety right in return. 84 inserted by art. 2 no 2 of the fd of 5 oct. 2007, in force since 1 sept. 2008 (as 2008 3897; bbl 2004 4155).85 sr 916.151c. exploitation of the invention in switzerland i. action for the grant of a licence art. 37 1 three years from the date of the grant of the patent, or at the earliest four years after filing the patent application, any person with a legitimate interest may apply to the court for the grant of a non-exclusive licence to use the invention if the proprietor of the patent has not sufficiently exploited it in switzerland by the time of the action and cannot justify such a failure. importing is also considered domestic exploitation.862 .873 at the request of the plaintiff, the court may grant a licence immediately after the action has been filed without prejudice to the final judgment providing that, in addition to the conditions set out in paragraph 1, the plaintiff provides prima facie evidence that he has an interest in the immediate use of the invention and that he provides adequate security to the defendant; the defendant shall be given the opportunity to be heard beforehand.8886 amended by no i of the fa of 16 dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950). 87 repealed by no i of the fa of 16 dec. 1994, with effect from 1 july 1995 (as 1995 2606; bbl 1994 iv 950).88 amended by no i of the fa of 16. dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950).ii. action for cancellation of the patent art. 38 1 if the grant of licences does not suffice to meet the demand of the domestic market, any person with a proven interest may bring an action for the cancellation of the patent after a period of two years from the grant of the first licence under article 37 paragraph 1.2 if the legislation of the country of which the proprietor of the patent is a national or in which he is resident allows an action for cancellation of the patent for failure to exploit the invention in that country as early as three years after the grant of the patent, such an action shall be allowed instead of the action for the grant of a licence, subject to the conditions specified in article 37 for the grant of licences.8989 amended by no i of the fa of 17. dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).iii. exceptions art. 39 the federal council may decree articles 37 and 38 to be inapplicable with regard to nationals of countries granting reciprocity. d. licence in the interest of the public art. 40 1 where public interest so dictates, the person to whom the proprietor of the patent has, without sufficient reason, refused to grant the licence requested, may apply to the court for the grant of a licence to use the invention.90 2 .9190 amended by no i of the fa of 17. dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).91 repealed by no i of the fa of 16. dec. 1994, with effect from 1 july 1995 (as 1995 2606; bbl 1994 iv 950).e. compulsory licences in the field of semi-conductor technology art. 40a92 for inventions in the field of semi-conductor technology, a non-exclusive licence may only be granted to remedy a practice held to be anti-competitive in court or administrative proceedings.92 inserted by no i of the fa of 16 dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950). f. research tools art. 40b93 any person who intends to use a patented biotechnological invention as an instrument or means for research is entitled to a non-exclusive licence.93 inserted by no i of the fa of 16 dec. 1994 (as 1995 2606; bbl 1994 iv 950). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). g. compulsory licences for diagnostic tools art. 40c94 for inventions concerning a diagnostic product or procedure for humans, a non-exclusive licence shall be granted to remedy a practice held to be anti-competitive in court or administrative proceedings.94 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). h. compulsory licences for the export of pharmaceutical products art. 40d95 1 any person may bring an action before the court to be granted a non-exclusive licence for the manufacture of patent-protected pharmaceutical products and for their export to a country that has insufficient or no production capacity of its own in the pharmaceutical sector and which requires these products to combat public health problems, in particular those related to hiv/aids, tuberculosis, malaria and other epidemics (beneficiary country).2 countries that have declared in the world trade organization (wto) that they wholly or partly renounce their claim to a licence in accordance with paragraph 1 are excluded from being beneficiary countries in accordance with the terms of their declaration. all other countries that fulfil the requirements of paragraph 1 may be beneficiary countries.3 the licence in accordance with paragraph 1 is limited to the production of the pharmaceutical product in the quantity that meets the requirements of the beneficiary country; the total quantity must be exported to the beneficiary country.4 the owner of the licence in accordance with paragraph 1, as well as any manufacturer that produces products under licence, must ensure that they are clearly identified as products that have been produced under a licence in accordance with paragraph 1, and that the products are distinguished by their packaging or by their special colouring or shape from patent-protected products, provided this does not have a significant impact on the price of the products in the beneficiary country.5 the federal council shall regulate the requirements for the grant of licences in accordance with paragraph 1. in particular, it shall stipulate the information or notifications the responsible court must possess in order to be able to decide on the grant of the licence in accordance with paragraph 1, and shall regulate the measures in accordance with paragraph 4.95 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). i. common provisions for articles 36-40d art. 40e96 1 the licences provided for in articles 36-40d are granted only if efforts by the applicant to obtain a contractual licence on appropriate market terms within a reasonable period of time have been unsuccessful; in the case of a licence in accordance with article 40d, a period of 30 working days is regarded as reasonable. such efforts are not required in situations of national emergency or other circumstances of extreme urgency or in cases of public non-commercial use.2 the scope and term of the licence are limited to the purpose for which it has been granted.3 the licence may only be transferred with that part of the enterprise which uses the licence. this also applies to sub-licences.4 the licence is primarily granted for supplying the domestic market. article 40d remains reserved.5 the proprietor of the patent has the right to appropriate remuneration. in assessing the remuneration, the circumstances of the individual case and the economic value of the licence are taken into account. in the case of a licence under article 40d, the remuneration is determined by taking into account the economic value of the licence in the importing country, its level of development and the urgency in public health and humanitarian terms. the federal council shall specify the method of calculation.6 the court shall decide on the grant and revocation of licences, on their scope and duration as well as on the remuneration payable. in particular, it shall revoke an entitled person's licence on request if the circumstances that led to its being granted no longer apply and it is not expected that they will arise again. appropriate protection of the legal interests of the entitled person remains reserved. where a licence is granted under article 40d, legal remedies have no suspensive effect.96 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). section 6 fees97 97 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). art. 4198 the obtainment and maintenance of a patent and the processing of special requests are subject to the payment of the relevant fees prescribed in the ordinance.98 amended by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, in force since 1 jan. 1996 (as 1995 5050; bbl 1993 iii 964). art. 42-4499 99 repealed by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, with effect from 1 jan. 1996 (as 1995 5050; bbl 1993 iii 964). art. 45 and 46100 100 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).section 7 further processing and re-establishment of rights101 101 originally before art. 47. amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706). a. further processing art. 46a102 1 if the patent applicant or the proprietor of the patent fails to observe a time limit prescribed by legislation or a time limit set by the ipi, he may file a request for further processing with the ipi.1032 he must file the request within two months of receiving notice from the ipi of failure to observe the time limit, and six months at the latest from the expiry of the said time limit.104 he must also carry out in full, within these time limits, the omitted act, supplement where necessary the patent application and pay the fee for further processing.3 acceptance of the request for further processing has the effect of restoring the situation that would have resulted from carrying out the act in good time. article 48 remains reserved.4 further processing is ruled out in the case of failure to observe:a.time limits that do not have to be observed vis--vis the ipi;b.time limits for filing a request for further processing (para. 2);c.time limits for filing a request for re-establishment of rights (art. 47 para. 2);d. time limits for filing a patent application accompanied by a claim for the right of priority and for the declaration of priority (art. 17 and 19);e.105.f.the time limit for the modification of technical documents (art. 58 para. 1);g.106.h.107time limits for applying for the grant of a supplementary protection certificate (art. 140f para. 1, art. 146 para. 2, and art. 147 para. 3) or to extend its validity (art. 140o para. 1) and to issue a paediatric supplementary protection certificate (art. 140v para. 1);i.any other time limit laid down by ordinance where failure to comply with that time limit excludes further processing.102 inserted by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).103 amended by annex no 23 of the federal administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202). 104 amended by art. 2 of the fd of 22 june 2007, in force since 1 july 2008 (as 2008 2677; bbl 2006 1).105 repealed by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, with effect from 13 dec. 2007 (as 2007 6479; bbl 2005 3773).106 repealed by art. 2 of the fd of 22 june 2007, with effect from 1 july 2008 (as 2008 2677; bbl 2006 1). 107 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575 3793; bbl 2013 1).b. re-establishment of rights108 108 amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).art. 47 1 where the patent applicant or proprietor of the patent provides prima facie evidence of having been prevented, through no fault on his part, from observing a time limit prescribed by this act or the implementing ordinance or one set by the ipi, he shall be granted, on request, the re-establishment of his rights. 2 the request shall be filed with the authority for which the act should have been carried out within two months of the removal of the cause of non-compliance with the time limit, and at the latest within one year of expiry of the unobserved time limit; at the same time, the omitted act must be carried out.3 re-establishment of rights shall be ruled out in respect of paragraph 2 above (time limit for the request for re-establishment of rights).4 acceptance of the request shall have the effect of restoring the situation that would have resulted from carrying out the act in good time; article 48 shall remain reserved.c. reservation for third parties109 109 amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).art. 48 1 the patent may not be invoked against any person who, during the following periods, has commercially used an invention in good faith in switzerland or who has made special preparations for that purpose:a.between the last day of the time limit stipulated for payment of a patent renewal fee (.110) and the day on which a request for further processing (art. 46a) or a request for re-establishment of rights (art. 47) was filed; b. between the last day of the priority period (art. 17 para. 1) and the day on which the patent application was filed.1112 this prior user right is governed by article 35 paragraph 2.3 any person claiming a prior user right based on paragraph 1 letter a must pay the proprietor of the patent appropriate compensation from the date on which the patent is revived. 4 in the event of dispute, the court shall decide on the existence and on the extent of the rights claimed by prior use and on the amount of compensation to be paid in accordance with paragraph 3. 110 reference deleted by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, with effect from 1 jan. 1996 (as 1995 5050; bbl 1994 iii 964). 111 amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706). section 8112 representation and supervision 112 inserted by annex no 3 of the patent attorney act of 20 march 2009, in force since 1 july 2011 (as 2011 2259; bbl 2008 407). a. representation art. 48a 1 there is no obligation to be represented before the administrative authorities in proceedings under this act.2 any party who does not want to represent himself in proceedings under this act before the administrative authorities must be represented by a representative with an address for service in switzerland.b. supervision art. 48b article 13 of the patent attorney act of 20 march 2009113 applies by analogy to representatives who are not registered in the patent attorney register.113 sr 935.62second title grant of the patent section 1 the patent application a. form of the application i. in general114 114 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 49 1 any person who wishes to obtain a patent for an invention must file a patent application with the ipi.2 the patent application must contain:a.a request for the grant of a patent;b.115a description of the invention and, where a claim is made for a sequence derived from a sequence or partial sequence of a gene, a specific description of the function it performs;c.one or more patent claims;d.the drawings to which the description or claims of the patent refer;e.an abstract.1163 .117115 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).116 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). 117 repealed by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, with effect from 1 jan. 1996 (as 1995 5050; bbl 1994 iii 964).ii. information on the source of genetic resources and traditional knowledge art. 49a118 1 the patent application must contain information on the source:a.of the genetic resource to which the inventor or the patent applicant had access, provided the invention is directly based on this resource;b.of traditional knowledge of indigenous or local communities of genetic resources to which the inventor or the patent applicant had access, provided the invention is directly based on this knowledge.2 if the source is unknown to the inventor or the patent applicant, the patent applicant must confirm this in writing.118 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).b. disclosure of the invention i. in general119 119 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). art. 50 1 the invention must be described in the patent application in such a manner that it can be carried out by a person skilled in the art.1202 .121120 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).121 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).ii. biological material art. 50a122 1 if an invention that relates to the manufacture or use of biological material cannot be sufficiently described, then the description must be completed by depositing a sample of the biological material and, in the description, by providing details of the essential characteristics of the biological material as well as a reference to the deposit.2 if, in the case of an invention that relates to biological material as a product, the production process cannot be sufficiently described, then the description must be completed or replaced by depositing a sample of the biological material and, in the description, by a reference to the deposit.3 the invention is deemed to be disclosed in accordance with article 50 only if the sample of the biological material has been deposited at the latest on the filing date with a recognised depositary institution and the patent application as originally filed contains details of the biological material and reference to its deposit.4 the federal council shall regulate in detail the requirements for depositing samples, for the details of biological material and for the reference to the deposit, together with access to the samples deposited. 122 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). c. patent claims i. scope art. 51123 1 the invention must be defined in one or more patent claims.2 the claims of the patent shall determine the scope of protection conferred by the patent.3 the description and drawings must be used to interpret the patent claims.123 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). ii. independent claims art. 52124 1 each independent claim may define one invention only, namely:a.a process; orb.a product, a means for performing a process or an apparatus; orc.an application of a process; ord.a use for a product.2 a patent may contain several independent claims when they define a set of inventions that are linked to each other in such a way that they constitute a single overall inventive concept.124 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). art. 53 and 54125 125 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).iii. dependent claims art. 55126 special embodiments defined by an independent claim may be the subject of dependent claims.126 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).art. 55a127 127 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, with effect from 1 jan. 1996 (as 1995 5050; bbl 1994 iii 964).d. abstract art. 55b128 the abstract serves the sole purpose of providing technical information.128 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). e. filing date i. in general129 129 amended by art. 2 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2677; bbl 2006 1).art. 56 1 the date of filing is the day on which the last of the following items are filed:a.an express or implied application for the grant of a patent;b.information allowing the identity of the patent applicant to be established;c.an item which appears to be a description.1302 for posted applications, the date of filing is the day on which it was given to the swiss postal service for delivery to the ipi.1313 the federal council shall regulate the particulars, in particular the language in which the items under paragraph 1 must be filed, the date of filing and publication, whether a missing part of the description or the drawing may be filed afterwards, as well as the replacement of the description or the drawings with a reference to a patent application filed earlier132.130 amended by art. 2 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2677; bbl 2006 1).131 amended by annex no 6 of the postal services organisation act of 30 april 1997, in force since 1 jan. 1998 (as 1997 2465; bbl 1996 iii 1306).132 inserted by art. 2 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2677; bbl 2006 1).ii. division of the patent application art. 57133 1 a patent application resulting from the division of an earlier application shall be given the same filing date as the earlier application:a.if, at the time of its filing, it is expressly designated as being a divisional application;b.if, at the time of filing of the divisional application, the earlier application was still pending; andc.insofar as its subject-matter does not extend beyond the content of the earlier application as originally filed.2 .134133 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).134 repealed by art. 2 of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2677; bbl 2006 1).f. modification of the technical documents art. 58135 1 until the examination procedure has been completed, the patent applicant must be given the opportunity to modify the technical documents on at least one occasion.2 the technical documents may not be modified such that the subject-matter of the modified patent application extends beyond the content of the technical documents originally filed.135 amended by art. 2 of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2677; bbl 2006 1).g. publication of patent applications art. 58a136 1 the institute shall publish patent applications:a.immediately after the expiry of a period of 18 months from the filing date or, if priority has been claimed, from the priority date;b.at the request of the applicant, before the expiry of the period specified in letter a.2 the publication shall contain the description, the patent claims and, if applicable, the drawings, as well as the abstract, provided it is available for publication prior to completion of the technical preparations for publication, and if applicable, the report on the state of the art or the international-type search as specified in article 59 paragraph 5. if the report on the state of the art or the international-type search as specified in article 59 paragraph 5 is not published with the patent application, they shall be published separately.136 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). section 2 the examination procedure a. subject-matter of the examination137 137 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).art. 59 1 if the subject-matter of the patent application does not fall within articles 1, 1a, 1b and 2 or does so only in part, the ipi shall inform the patent applicant accordingly, stating the reasons, and shall set him a time limit within which to respond.1382 if the patent application does not meet the other requirements of this act or the ordinance, the ipi shall set a time limit for the patent applicant by which the deficiencies must be remedied.1393 .1404 the institute shall not examine whether the invention is new or whether it is obvious having regard to the state of the art.1415 in return for the payment of a fee, the applicant may:a.instruct the ipi to provide a report on the state of the art within 14 months of the filing date, or, if priority has been claimed, of the priority date; orb.request the ipi to arrange an international-type search within 6 months of the filing date of a first filing.1426 if no clarification has been carried out in accordance with paragraph 5, any person entitled to inspect the dossier in accordance with article 65 may, in return for the payment of a fee, instruct the ipi to provide a report on the state of the art.143138 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).139 amended by no i of the fa of 17. dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).140 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). 141 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).142 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). 143 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).b. completion of the examination art. 59a144 1 if the requirements for the grant of a patent are fulfilled, the ipi shall inform the patent applicant that the examination procedure has been completed.2 .1453 the institute shall reject the patent application if:a.the application has not been withdrawn even though a patent may not be granted for the reasons stated in article 59 paragraph 1; orb.the deficiencies mentioned in article 59 paragraph 2 have not been remedied.144 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).145 repealed by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, with effect from 1 jan. 1996 (as 1995 5050; bbl 1994 iii 964).art. 59b146 146 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1). c. opposition art. 59c147 1 within nine months of the publication of the entry in the patent register, any person may give notice of opposition to the ipi to a patent which has been granted by the latter. the notice of opposition must be filed in a written reasoned statement.2 opposition may only be filed on the grounds that the subject-matter of the patent is not patentable under articles 1a, 1b and 2.3 if the ipi finds in favour of the opposition in its entirety or in part, it may revoke the patent or maintain it as amended. the decision regarding an opposition is subject to appeal to the federal administrative court.4 the federal council shall regulate the particulars, in particular the procedure.147 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 59d148 148 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1). section 3 patent register; publications by the ipi; electronic administrative communication149 149 amended by annex no 6 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).a. patent register art. 60 1 the institute shall grant the patent by registering it in the patent register.1501bis the patent register shall, in particular, contain the following particulars: number of the patent, classification symbol, title of the invention, date of filing, name and domicile of the proprietor of the patent and, where applicable, priority data, name and business address of the representative and name of the inventor.1512 any modifications concerning the validity of the patent or the right to the patent must be entered in the patent register.3 .152150 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).151 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).152 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).b. publications i. concerning patent applications and registered patents art. 61 1 the institute shall publish:a.the patent application with the particulars listed in article 58a paragraph 2;b. the registration of the patent in the patent register, with the particulars listed in article 60 paragraph 1bis;c.the cancellation of the patent in the patent register;d.any modifications registered in the register concerning the validity of the patent and the right to the patent.1532 .1543 the institute shall determine the organ of publication.155153 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).154 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).155 inserted by no i of the fa of 9 oct. 1998 (as 1999 1363; bbl 1998 1633). amended by annex no ii 4 of the designs act of 5 oct. 2001, in force since 1 july 2002 (as 2002 1456; bbl 2000 2729).art. 62156 156 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1). ii. patent specification157 157 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 63158 1 the institute shall publish a patent specification for each patent granted.1592 this shall contain the description, the patent claims, the abstract, the drawings if any, and the particulars recorded in the register (art. 60 para. 1bis).158 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).159 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 63a160 160 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).c. patent certificate art. 64 1 as soon as the patent specification is ready for publication, the ipi shall issue a patent certificate.2 this consists of an attestation confirming the legal conditions for obtaining a patent have been met and a copy of the patent specification.d. inspection of the dossier art. 65161 1 following publication of the patent application, any person may inspect the dossier. the federal council may restrict the right of inspection only if manufacturing or trade secrets or other overriding interests so require.2 the federal council shall regulate the cases in which inspection of the dossier is permitted prior to the publication of the patent application. it shall also regulate, in particular, the inspection of patent applications that were rejected or withdrawn before publication.161 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).e. electronic administrative communication art. 65a162 1 the federal council may authorise the ipi to regulate electronic communication in accordance with the general provisions on the administration of federal justice.2 the dossier and the files may be maintained and stored in electronic form.3 the patent register may be maintained in electronic form.4 the institute may make its data accessible, particularly online, to third parties; it may demand remuneration for this service.5 the institute's publications may be produced in electronic form; the electronic version, however, shall only be authoritative if the data is published exclusively in electronic form.162 inserted by annex no 6 of the fa of 19 dec. 2003 on electronic signatures, in force since 1 jan. 2005 (as 2004 5085; bbl 2001 5679).third title legal protection section 1 common provisions for protection under civil and criminal law a. circumstances giving rise to liability art. 66 in accordance with the following provisions, the following persons may be held liable under civil and criminal law:a.any person who uses a patented invention unlawfully; imitation is also deemed to constitute use;b.163any person who refuses to notify the authority concerned of the origin and quantity of products in his possession which are unlawfully manufactured or placed on the market, and to name the recipients and disclose the extent of any distribution to commercial and industrial customers;c.any person who removes the patent mark from products or their packaging without authorisation from the proprietor of the patent or the licensee;d.any person who abets any of the said offences, participates in them, or aids or facilitates the performance of any of these acts.163 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).b. reversal of the burden of proof art. 67 1 if the invention concerns a process for the manufacture of a new product, every product of the same composition shall be presumed to have been made by the patented process until proof to the contrary has been provided.2 paragraph 1 applies by analogy to a process for the manufacture of a known product if the proprietor of the patent provides prima facie evidence of an infringement of the patent.c. safeguarding manufacturing or trade secrets art. 68 1 the parties' manufacturing or trade secrets must be safeguarded.2 evidence which would disclose such secrets may be made available to the other party only to such an extent as is compatible with the safeguarding of the secrets.d. sale or destruction of products or equipment art. 69 1 in the event of a conviction, the court may order the forfeiture and sale or destruction of the unlawfully manufactured products or equipment, devices and other means that primarily serve their manufacture.1642 the net proceeds from the sale shall firstly be used for the payment of the fine, then the payment of the investigation and court costs, and finally for the payment of a final unappealable award of damages to the injured party and to cover their litigation costs; any surplus shall go to the former owner of the goods sold. 3 even in the event of the dismissal of the action or an acquittal, the court may order the destruction of the equipment, devices and other means intended primarily for the infringement of the patent.165164 amended by no i of the fa of 16 dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950).165 amended by no i of the fa of 16 dec. 1994, in force since 1 july 1995 (as 1995 2606; bbl 1994 iv 950).e. publication of the judgment art. 70 1 the court may authorise the successful party to publish the judgment at the expense of the opposing party; the court shall determine the form, extent and timing of the publication.2 in criminal cases (art. 81-82), publication of the judgment is governed by article 68 of the swiss criminal code166.167166 sr 311.0167 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).f. notification of judgments art. 70a168 the courts shall provide the ipi with full official copies of the final judgments free of charge.168 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).g. prohibition of multi-stage actions169 169 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). art. 71 any person who brings an action under articles 72, 73, 74 or 81 and subsequently brings a further action against the same party for the same or a similar act on the basis of another patent must bear the court costs and the other party's costs for the new procedure if he does not provide prima facie evidence that in the prior action he was, through no fault on his part, unable to invoke the other patent.section 2 special provisions for protection under civil law a. action for injunction or remedy art. 72 1 any person who is threatened with or has his rights infringed by an act referred to in article 66 may demand an injunction or that the unlawful situation be remedied.2 .170170 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).b. action for damages art. 73 1 any person who performs an act referred to in article 66 either wilfully or through negligence shall be required to pay damages to the injured party according to the provisions of the code of obligations171.2 .1723 an action for damages may only be brought after the patent has been granted; the defendant may, however, be held liable for loss or damage caused from the time when he first obtained knowledge of the content of the patent application, but at the latest from the publication of the application.1734 .174171 sr 220172 repealed by annex 1 no ii 12 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221). 173 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).174 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).c. action for declaratory judgment art. 74 any person demonstrating an interest may bring an action to obtain a declaratory judgment on the existence or non-existence of a circumstance or legal relationship governed by this act, in particular:1.that a particular patent is valid;2.that the defendant has performed an act referred to in article 66;3.that the plaintiff has not performed any act referred to in article 66;4.175that a particular patent is not enforceable against the plaintiff by virtue of a legal provision;5.that with regard to two particular patents, the requirements of article 36 for the grant of a licence are or are not fulfilled;6.that the plaintiff has made the invention, which is the subject-matter of a particular patent application or patent;7.176that a particular patent, which violates the double patenting prohibition, has become invalid.175 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).176 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).d. licensees' right of action art. 75177 1 any person who holds an exclusive licence, irrespective of the registration of the licence in the register, is entitled to bring an action as specified in articles 72 or 73 independently, provided this is not expressly excluded by the licence agreement.2 any licensee may join an action under article 73 in order to claim their own loss or damages.177 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 76178 178 repealed by annex 1 no ii 12 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).e. preliminary measures art. 77179 1any person requesting preliminary measures may, in particular, request that the court orders:a.measures to secure evidence, to preserve the existing state of affairs or to provisionally enforce claims for injunctive relief and remedy;b.a precise description to be made:1.of the allegedly unlawful processes used, 2.of the allegedly unlawful products manufactured as well as the means used to manufacture them; orc.the seizure of these objects.2 if a party requests a description to be made, it must provide prima facie evidence that an existing claim has been infringed or an infringement is suspected.3 if the opposing party claims that a manufacturing or trade secret is involved, the court shall take the necessary measures to safeguard it. it may exclude the applicant party from participating in the procedure for making the description.4 the procedure for making the description, with or without seizure, shall be carried out by a member of the federal patent court, who may call on the assistance of an expert if necessary. it shall be carried out, where necessary, in collaboration with the competent cantonal instances.5 before the applicant party is notified of the description, the opposing party shall be given the opportunity to comment.179 amended by annex no 4 of the federal patent court act of 20 march 2009, in force since 1 jan. 2012 (as 2010 513, 2011 2241; bbl 2008 455).art. 78180 180 repealed by annex no 11 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).art. 79 and 80181 181 repealed by annex 1 no ii 12 of the civil procedure code of 19 dec. 2008, with effect from 1 jan. 2011 (as 2010 1739; bbl 2006 7221).section 3 special provisions for protection under criminal law a. criminal provisions i. patent infringement art. 81 1 any person who wilfully commits an act specified in article 66 is, on complaint by the injured party, liable to a custodial sentence not exceeding one year or to a monetary penalty.1822 the right to file a complaint shall lapse after six months from the day on which the injured party became aware of the identity of the offender.3 if the offender acts for commercial gain, he shall be prosecuted ex officio. the penalty is a custodial sentence not exceeding five years or a monetary penalty. the custodial sentence shall be combined with a monetary penalty.183182 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).183 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).ii. false information concerning the source art. 81a184 1 any person who wilfully provides false information under article 49a is liable to a fine of up to 100,000 francs.2 the court may order the publication of the judgment.184 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).iii. false patent marking185 185 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 82 1 any person who wilfully offers for sale or distributes his business documents, notices or advertisements of any nature, products or goods bearing a designation that creates the erroneous belief that the products or goods have patent protection is liable to a fine.1862 the court may order the publication of the judgment.186 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).b. applicability of the general provisions of the swiss criminal code art. 83 the general provisions of the swiss criminal code187 apply unless this act provides otherwise.187 sr 311.0bbis. infringements in businesses art. 83a188 in the case of infringements within businesses committed by subordinates, agents or representatives, articles 6 and 7 of the federal act of 22 march 1974189 on administrative criminal law apply.188 inserted by annex no 6 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).189 sr 313.0c. place of jurisdiction art. 84 1 the competent authorities for the prosecution and judgment of an offence are those of the place where the act was committed or of the place where the act occurred; where more than one place comes into consideration, or where several joint offenders are concerned, the competent authorities are those of the place where the investigation was first commenced.2 the competent authorities for the prosecution and judgment of instigators and accomplices are those which are competent for the prosecution and judgment of the main offender.d. competence of the cantonal authorities i. in general art. 85 1 the prosecution and judgment of an offence is a matter for the cantonal authorities.2 judgments, penalty orders issued by administrative authorities and decisions to dismiss proceedings must be communicated without delay, free of charge and with full copies of documents to the office of the attorney general of switzerland.ii. plea of nullity of the patent art. 86 1 if the person under investigation pleads the nullity of the patent as a defence, the court may allow him an appropriate time limit within which to file a nullity action, giving appropriate notice of the penalty for failure to do so; if the patent has not been examined with regard to novelty and inventive step and if the court has any doubt as to the validity of the patent, or if the person under investigation has provided prima facie evidence that the defence of nullity of the patent appears justified, the court may allow the injured party an appropriate period within which to file an action for declaration of the validity of the patent, likewise giving appropriate notice of the penalty for failure to do so.1902 where the action is raised within the stated period, the criminal proceedings shall be suspended until a final decision on the action has been issued; the limitation period for prosecution is suspended during this time.3 .191190 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).191 repealed by annex no 11 of the civil jurisdiction act of 24 march 2000, with effect from 1 jan. 2001 (as 2000 2355; bbl 1999 2829).section 4192 assistance provided by the customs administration 192 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).a. notification of suspicious goods art. 86a 1 the customs administration is authorised to notify the proprietor of a patent that is valid in switzerland if there is any suspicion that goods that infringe that patent may imminently be brought into or taken out of swiss customs territory.1932 in such cases, the customs administration is authorised to withhold the goods for three working days in order that the person entitled may file an application in accordance with article 86b paragraph 1.193 amended by annex no 6 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).b. application for assistance art. 86b 1 if the proprietor or a licensee of a patent that is valid in switzerland entitled to institute proceedings has clear indications that goods which infringe that patent may imminently be brought into or taken out of swiss customs territory, he may request the customs administration in writing to refuse the release of the goods.1942 the applicant must provide all the information available to him that is necessary for the customs administration's decision; this includes a precise description of the goods.3 the customs administration shall make the final decision on the application. it may charge a fee to cover the administrative costs.194 amended by annex no 6 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).c. withholding of goods art. 86c 1 if the customs administration, as a result of an application under article 86b paragraph 1, has grounds to suspect that certain goods intended to be brought into or taken out of swiss customs territory infringe a patent valid in switzerland, then it shall notify the applicant and the declarant, holder or owner of the goods accordingly.1952 it shall withhold the goods for a maximum of ten working days from the time of notification pursuant to paragraph 1, so that the applicant may obtain preliminary measures.3 where justified by circumstances, it may withhold the goods for a maximum of ten additional working days.195 amended by annex no 6 of the fa of 21 june 2013, in force since 1 jan. 2017 (as 2015 3631; bbl 2009 8533).d. samples art. 86d 1 while the goods are being withheld, the customs administration is authorised to hand over or deliver to the applicant, on request, samples for examination or to permit the applicant to inspect the goods being withheld.2 the samples are collected and delivered at the expense of the applicant.3 they must be returned after the examination has been carried out, if this is reasonable. if samples are retained by the applicant, they are subject to the provisions of customs legislation.e. safeguarding of manufacturing and trade secrets art. 86e 1 at the same time as notification is made in accordance with article 86c paragraph 1, the customs administration shall inform the declarant, holder or owner of the goods of the possible handover of samples or the opportunity to inspect them in accordance with article 86d paragraph 1.2 the declarant, holder or owner may request to be present at the inspection in order to safeguard his manufacturing or trade secrets.3 the customs administration may refuse to hand over samples on a reasoned request from the declarant, holder or owner.f. application for destruction of the goods i. procedure art. 86f 1 when making an application under article 86b paragraph 1, the applicant may submit a written request to the customs administration to destroy the goods.2 if an application for destruction is made, the customs administration shall notify the declarant, holder or owner of the goods accordingly as part of the notification made under article 86c paragraph 1.3 the application for destruction does not result in the time limits for obtaining preliminary measures under article 86c paragraphs 2 and 3 being extended.ii. consent art. 86g 1 the destruction of the goods requires the consent of the declarant, holder or owner.2 consent is deemed to be given if the declarant, holder or owner does not expressly object to the destruction within the time limits given under article 86c paragraphs 2 and 3.iii. evidence art. 86h before the destruction of the goods, the customs administration shall remove samples and hold them in safekeeping as evidence in any actions for damages.iv. damages art. 86i 1 if the destruction of the goods proves to be unjustified, the applicant is exclusively liable for the resultant loss.2 if the declarant, holder or owner has given express written consent for the destruction, no claims for damages may be made against the applicant if the destruction later proves to be unjustified.v. costs art. 86j 1 the destruction of the goods is carried out at the expense of the applicant.2 the costs for collecting and safekeeping samples under article 86h are decided by the court in connection with the assessment of claims for damages in accordance with article 86i paragraph 1.g. accountability statement and damages art. 86k 1 if it is anticipated that withholding the goods may lead to a loss being incurred, the customs administration may make the withholding of the goods dependent on the applicant providing them with an accountability statement. as an alternative to this statement and where justified by the circumstances, the customs administration may request the applicant to provide appropriate security.2 the applicant shall be liable for any losses incurred from withholding the goods and from collecting the samples if preliminary measures are not ordered or prove to be unjustified.fourth title . art. 8790196 196 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).art. 91-94197 197 repealed by annex no 10 of the fa of 4 oct. 1991, with effect from 15 feb. 1992 (as 1992 288; bbl 1991 ii 465).art. 95198 198 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). art. 96101199 199 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).art. 102 and 103200 200 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). art. 104106201 201 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).art. 106a202 202 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).art. 107 and 108203 203 repealed by no i of the fa of 17 dec. 1976, with effect from 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). fifth title european patent applications and european patents204 204 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).section 1 applicable law205 205 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1). scope of the act; relation to the european patent convention art. 109206 1 this title applies to european patent applications and european patents with effect in switzerland.2 the other provisions of this act apply except where the convention of 5 october 1973207 on the grant of european patents (european patent convention) or this title provides otherwise. 3 the text of the european patent convention that binds switzerland takes precedence over this act.206 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).207 [as 1977 1711, 1979 621 art. 1, 1995 4187, 1996 793, 1997 1647 art. 1, 2007 3673 art. 1 3674 art. 1]. see now: the european patent convention, revised in munich on 29 november 2000 (sr 0.232.142.2).section 2 effects of the european patent application and the european patent and modifications concerning the validity of the european patent208 208 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).a. principle i. effects209 209 amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).art. 110210 european patent applications for which a filing date has been assigned and european patents have the same effect in switzerland as patent applications filed in due form with the ipi and patents granted by this institute.210 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).ii. modifications concerning the validity of the patent art. 110a211 a modification concerning the validity of a european patent due to a final decision resulting from a procedure before the european patent office has the same effect as a final judgment in a procedure in switzerland.211 amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).b. provisional protection conferred by a european patent application art. 111212 1 published european patent applications do not confer on the applicant the protection conferred by article 64 of the european patent convention.2 however, the injured party may, in an action for damages, claim the loss or damage caused by the defendant from the moment at which the latter became aware of the content of the european patent application, but at the latest from the date of publication of the application by the european patent office.212 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).art. 112-116213 213 repealed by art. 2 of the fd of 16 dec. 2005 on the approval of the agreement on the application of article 65 of the european patent convention and on the amendment of the patents act, with effect from 1 may 2008 (as 2008 1739; bbl 2005 3773).section 3 administration of the european patent214 214 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1). a. register for european patents art. 117215 as soon as the mention of the grant of the european patent has been published in the european patent bulletin, the ipi shall record it in the swiss register of european patents along with the particulars noted in the european patent register.215 amended by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).b. publications art. 118216 the institute shall publish registrations made in the swiss register of european patents.216 amended by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).art. 119217 217 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by annex no 4 of the fa of 24 march 1995 on the statute and tasks of the swiss federal institute of intellectual property, with effect from 1 jan. 1996 (as 1995 5050; bbl 1994 iii 964).art. 120218 218 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by annex no 3 of the patent attorney act of 20 march 2009, with effect from 1 july 2011 (as 2011 2259; bbl 2008 407).section 4 conversion of the european patent application219 219 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).a. grounds for conversion art. 121220 1 the european patent application may be converted into a swiss patent application:a.221in the case provided for in article 135 paragraph 1 letter a of the european patent convention;b.in the case of failure to observe the time limit in accordance with article 14 paragraph 2 of the european patent convention, where the original application was filed in italian;c.222.2 .223220 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).221 amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).222 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1). 223 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1). b. legal effects art. 122224 1 where the request for conversion is filed in due form and sent in good time to the ipi, the patent application is deemed to have been filed on the date of filing of the european patent application.2 the documents accompanying the european patent application or european patent that were filed with the european patent office are deemed to have been filed at the same time with the ipi.3 the rights attached to the european patent application remain valid.224 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).c. translation art. 123225 where the language in which the original text of the european patent application is written is not an official swiss language, the ipi shall allow the patent applicant a time limit within which to file a translation in an official swiss language.225 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).d. reservation of the european patent convention art. 124226 1 the provisions in force for swiss patent applications apply to the patent application arising from the conversion, subject to article 137 paragraph 1 of the european patent convention.2 the claims of a patent application resulting from the conversion of a european patent may not be drafted in such a way that the extent of protection conferred by the patent is extended.226 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).section 5 provisions for protection under civil and criminal law227 227 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).a. prohibition of double patenting i. precedence of the european patent art. 125228 1 where, for one and the same invention, a swiss patent and a european patent with effect in switzerland have been granted to the same inventor or to his successor in title with the same filing or priority date, the swiss patent has no further effect as from the date on which:a.the opposition period against the european patent has expired without an opposition being filed; orb.the european patent has been maintained in opposition proceedings by final decision.2 article 27 applies by analogy.228 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).ii. precedence of the patent arising from the conversion art. 126229 1 where, for one and the same invention, a patent resulting from a swiss or international patent application (art. 131 et seq.) and a patent resulting from a converted european patent application have been granted to the same inventor or to his successor in title with the same filing or priority date, the first patent has no further effect from the date on which the patent resulting from the converted european patent application was granted.2 article 27 applies by analogy.229 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).b. rules of procedure i. limitation of partial surrender art. 127230 a partial surrender of the european patent may not be requested so long as opposition to this patent may be filed with the european patent office or a final decision has not yet been taken with regard to an opposition, a limitation or a revocation.230 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).ii. suspension of proceedings a. civil litigation art. 128231 the court may suspend proceedings, and in particular defer judgment where:a.the european patent office has not yet taken a final decision on a limitation or revocation of the european patent;b.the validity of the european patent is disputed and one party provides evidence that opposition may still be filed with the european patent office or that a final decision has not yet been taken with regard to an opposition; c.the european patent office has not yet taken a final decision regarding a petition for review of the decision under article 112a of the european patent convention.231 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by art. 2 of the fd of 16 dec. 2005 on the approval of the act to revise the european patent convention and on the amendment of the patents act, in force since 13 dec. 2007 (as 2007 6479; bbl 2005 3773).b. criminal procedure art. 129232 1 if, in the case under article 86, the person under investigation pleads the nullity of the european patent as a defence, the court may allow him, insofar as opposition to the patent may still be filed with the european patent office or intervention in opposition proceedings is still permitted, an appropriate time limit for the filing of opposition or for intervention in opposition proceedings.2 article 86 paragraph 2 applies by analogy.232 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).section 6 requests for legal cooperation by the european patent office233 233 inserted by no 1 of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).transmitting authority art. 130234 the swiss federal institute of intellectual property shall receive requests for legal cooperation by the european patent office and transmit them to the competent authority.234 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997; bbl 1976 ii 1).sixth title international patent applications235 235 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1). section 1 applicable law236 236 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1). scope of the act; relation to the patent cooperation treaty art. 131237 1 this title applies to international applications under the patent cooperation treaty of 19 june 1970238, for which the ipi acts as receiving office, designated office or elected office.2392 the other provisions of this act apply except where the patent cooperation treaty or this title provide otherwise.3 the text of the european patent convention that binds switzerland takes precedence over this act.237 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).238 sr 0.232.141.1239 amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).section 2 applications filed in switzerland240 240 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997 1978 550; bbl 1976 ii 1). a. receiving office art. 132241 the institute acts as receiving office under article 2 of the patent cooperation treaty in respect of international applications filed by swiss nationals or persons having their principal place of business or domicile in switzerland.241 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).b. procedure art. 133242 1 the patent cooperation treaty, supplemented by this act, applies to the procedure before the ipi acting as receiving office.2 in addition to the fees prescribed by the patent cooperation treaty, the international application shall give rise to the payment of a transmittal fee collected by the ipi.3 article 13 does not apply.242 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).section 3 applications designating switzerland; elected office243 243 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706). .a. designated office and elected office art. 134244 the institute acts as designated office and elected office under article 2 of the patent cooperation treaty in respect of international applications which seek protection for an invention in switzerland, where such applications do not have the effect of a european patent application.244 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706). b. effects of the international application i. principle art. 135245 an international application for which the ipi acts as designated office has the same effect in switzerland as a swiss patent application filed in due form with the ipi if a filing date has been assigned to it.245 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).ii. right of priority art. 136246 the right of priority under article 17 may also be claimed for an international application if the first application has been filed in switzerland or only in respect of switzerland.246 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).iii. provisional protection art. 137247 articles 111 and 112 of this act apply by analogy to international applications published under article 21 of the patent cooperation treaty for which the ipi is the designated office.247 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).c. formal requirements art. 138248 within 30 months of the filing or priority date, the applicant must:a.provide written confirmation of the name of the inventor;b.provide information on the source (art. 49a);c.pay the filing fee;d. file a translation in an official swiss language, provided the international application is not made in such a language.248 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). d. . art. 139249 249 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).e. prohibition of double patenting art. 140250 1 where, in respect of one and the same invention, two patents having the same priority date have been granted to the same inventor or to his successor in title, the patent resulting from the national application ceases to have effect as of the date of the grant of the patent resulting from the international application, irrespective of whether the priority of the national application is claimed for the patent resulting from the international application or whether the priority of the international application is claimed for the patent resulting from the national application.2 article 27 applies accordingly.250 inserted by no i of the fa of 17 dec. 1976, in force since 1 june 1978 (as 1977 1997, 1978 550; bbl 1976 ii 1).seventh title251 supplementary protection certificates252 251 inserted by no 1 of the fa of 3 feb. 1995, in force since 1 sept. 1995 (as 1995 2879; bbl 1993 iii 706).252 amended by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633). section 1 supplementary protection certificates for medicinal products253 253 inserted by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).a. principle art. 140a254 1 the institute shall on application grant a supplementary protection certificate (certificate) for the active ingredients or combination of active ingredients of medicinal products. a certificate will only be issued if no paediatric supplementary protection certificate in accordance with article 140t paragraph 1 is available.2551bis an active ingredient is a substance of chemical or biological origin contributing to the composition of a medicinal product which has a medicinal effect on the organism. an active ingredient composition is a combination of several substances, all of which have a medicinal effect on the organism.2562 active ingredients or combinations of active ingredients are referred to in this section as products.254 amended by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).255 second sentence inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).256 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).b. conditions art. 140b 1 the certificate is granted if, at the time of the application:a.the product as such, a process for manufacturing it or a use of it is protected by a patent;b.257a medicinal product containing the product is authorised in switzerland in accordance with article 9 of the therapeutic products act (tpa) of 15 december 2000.2582 it is granted based on the first authorisation.259257 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).258 sr 812.21259 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).c. right art. 140c 1 the proprietor of the patent has the right to the certificate.2 only one certificate shall be granted for each product.2603 in the event that two or more proprietors of a patent file applications for the same product based on different patents and no certificate has yet been granted, the certificate may be granted to each applicant.261260 inserted by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).261 inserted by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).d. subject-matter of protection and effects art. 140d 1 the protection of a certificate extends, within the limits of the scope of protection conferred by the patent, to any use of the product as a medicinal product that has been authorised before the expiry of the certificate. 2 the certificate grants the same rights as the patent and is subject to the same restrictions. e. term of protection art. 140e 1 the certificate takes effect on expiry of the maximum term of the patent for a period equal to the period which elapses between the date of filing under article 56 and the date of the first authorisation of the medicinal product containing the product in switzerland, minus five years.2622 it is valid for no more than five years.3 the federal council may specify that the authorisation of a medicinal product containing the product granted in the european economic area (eea) constitutes the first authorisation within the meaning of paragraph 1 if it is granted earlier than the first authorisation in switzerland.263262 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).263 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).f. time limit for filing the application art. 140f 1 the application for the grant of a certificate must be filed:a.within six months of the first authorisation of a medicinal product containing the product in switzerland;b.within six months of the grant of the patent if this was granted later than the first authorisation.2642 in the event that the time limit is not met, the ipi shall refuse the application.264 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).g. grant of the certificate art. 140g the institute grants the certificate by entering it in the patent register.h. fees art. 140h 1 the certificate is subject to the payment of an application fee and renewal fees.2 the renewal fees must be paid in advance in one single payment for the full term of the certificate.265 3 .266265 amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).266 repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).i. premature lapse and suspension art. 140i 1 the certificate lapses where:a.the owner surrenders it by a written declaration to the ipi;b. the annual fees have not been paid in due time;c.267 all authorisations of medicinal products containing the product are recalled (art. 16a tpa268).2 if all authorisations are suspended, the certificate is also suspended. suspension does not interrupt the term of the certificate.2693 the swiss agency for therapeutic products shall notify the ipi of any withdrawal or suspension of the authorisations.270267 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).268 sr 812.21269 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).270 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).k. nullity art. 140k 1 the certificate is null and void where:a.271it was granted contrary to article 140b, article 140c paragraph 2, article 146 paragraph 1 or article 147 paragraph 1;b.the patent lapses before its maximum term expires (article 15);c.the patent is declared null and void;d.the patent is limited to the extent that the product for which the certificate was granted is no longer covered by the claims;e.after the lapse of the patent, grounds exist which would have justified the declaration of nullity of the patent under letter c or a limitation under letter d.2 any person may bring an action to have the certificate declared null and void before the authority responsible for declaring the nullity of the patent.271 amended by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633). l. procedure, register, publications art. 140l 1 the federal council shall lay down the procedure for the grant of certificates and for their entry in the patent register and the ipi's publications.2 it shall take account of the regulations of the european union.272272 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).m. applicable law art. 140m insofar as the provisions concerning the certificate do not contain any regulations, the provisions of the first, second, third and fifth titles of this act apply by analogy.section 2273 extension of the term of supplementary protection certificates for medicinal products 273 inserted by no i of the fa of 9 oct. 1998 (as 1999 1363; bbl 1998 1633). amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).a. requirements art. 140n 1 the ipi shall extend the term of protection (art. 140e) of certificates issued by six months if the authorisation (art. 9 tpa274) of a medicinal product containing the product:a.contains confirmation that the information on the medicinal product reflects the results of all studies performed in accordance with the paediatric test concept (art. 11 para. 2 let. a no 6 tpa) considered in the authorisation process; andb.was applied for no later than six months after the application for initial authorisation in the european economic area of a medicinal product containing the product in which the corresponding medicinal product information reflects the results of all studies performed in accordance with the paediatric test concept considered for the authorisation.2 a certificate's term of protection may only be extended once.274 sr 812.21b. deadline for submitting an application art. 140o 1 an application to extend a certificate's term of protection may be made with the application for issuance of a certificate at the earliest and two years before the certificate expires at the latest.2 if the deadline is not respected, the ipi shall reject the application.c. extension of term of protection art. 140p the ipi shall extend the term of protection of the certificate by entering this in the patent register.d. fee art. 140q a fee shall be paid to extend a certificate's term of protection. e. revocation art. 140r 1 the ipi may revoke the extension of a certificate's term of protection if this was granted in contravention of article 140n or if it subsequently contravenes article 140n.2 any person may lodge a request with the ipi for the extension of a term of protection to be revoked.f. procedure, register, publications art. 140s 1 the federal council shall regulate the procedure for extending the terms of protection of certificates, for registering them in the patent register and for publication by the ipi. 2 it shall take into account european union regulations.section 2a275 paediatric supplementary protection certificates for medicinal products 275 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).a. requirements art. 140t 1 upon application the ipi shall issue a paediatric supplementary protection certificate (paediatric certificate) for active ingredients or active ingredient compositions of medicinal products with a protection period of six months from the expiry of the longest term of the patent, provided the authorisation (art. 9 tpa276) of a medicinal product containing the product:a.contains confirmation that the information on the medicinal product reflects the results of all studies performed in accordance with the paediatric test concept (art. 11 para. 2 let. a no 6 tpa) considered in the authorisation process; andb.was applied for no later than six months after the application for initial authorisation in the european economic area of a medicinal product containing the product in which the corresponding medicinal product information reflects the results of all studies performed in accordance with the paediatric test concept considered for the authorisation.2 a paediatric certificate shall only be issued if no supplementary protection certificate in accordance with article 140a exists.3 article 140b paragraph 1 applies mutatis mutandis.4 the term of protection of a paediatric certificate may not be extended.276 sr 812.21b. claim art. 140u 1 the patent holder has a claim to the paediatric certificate. 2 the paediatric certificate shall be issued once only for each product. 3 if however owing to the existence of different patents several patent holders submit an application for the same product, the paediatric certificate may be issued to each applicant if the addressee's consent is provided with the confirmation in accordance with article 140t paragraph 1 letter a.c. deadline for submitting an application art. 140v 1 the application for the grant of a paediatric certificate may be made two years before the end of the maximum term of the patent at the latest.2 if the deadline is not respected, the ipi shall reject the application.d. fee art. 140w a fee shall be paid for the paediatric certificate. e. nullity art. 140x 1 the paediatric certificate is null and void when:a.it is issued in contravention of article 140t or if it subsequently contravenes article 140t;b.it is issued in contravention of article 140u paragraph 2;c.the patent lapses before the end of its maximum term (art. 15);d.the patent is found to be null and void;e.the patent is limited to such an extent that its claims no longer cover the product for which the paediatric certificate was granted;f.after the patent has lapsed, there are grounds which would have justified a declaration of nullity under letter d or a limitation under letter e.2 any person may bring an action for the paediatric certificate to be declared null and void before the authority competent to declare the patent null and void. f. procedure, register, publications, applicable law art. 140y articles 140a paragraph 1bis and 2, 140d, 140g, 140i, 140l paragraph 1 and 140m apply mutatis mutandis.section 3277 supplementary protection certificates for plant protection products 277 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).art. 140z 1 the institute shall on application grant a supplementary protection certificate (certificate) for active ingredients or combination of active ingredients of plant protection products.2 articles 140a paragraph 2 and 140b to 140m apply by analogy.3 ingredients are substances and microorganisms, including viruses, with a general or specific effect:a.against harmful organisms;b.on plants, parts of plants or plant products.final title final and transitional provisions278 278 amended by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). a. implementing measures art. 141279 1 the federal council shall take the necessary measures to implement this act.2 it may, in particular, enact regulations on the formation of the examining sections and opposition divisions, on the scope of their business and procedures as well as on time limits and fees.280279 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1). 280 amended by annex no 23 of administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).b. transition from the old to the new law i. patents art. 142281 patents that have not yet lapsed when the amendment to this act of 22 june 2007 comes into force are subject to the new law from that date. grounds for nullity continue to be governed by the previous law.282281 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). 282 second sentence inserted by annex no 3 of the patent attorney act of 20 march 2009, in force since 1 july 2011 (as 2011 2259; bbl 2008 407).ii. patent applications art. 143283 1 patent applications that are pending when the amendment to this act of 22 june 2007 comes into force are subject to the new law from that date.2 however, the following are also governed by the previous law:a.non-prejudicial disclosures at international exhibitions;b.patentability, if the requirements are more favourable under the previous law.283 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). amended by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1).art. 144284 284 inserted by no i of the fa of 17 dec. 1976 (as 1977 1997; bbl 1976 ii 1). repealed by no i of the fa of 22 june 2007, with effect from 1 july 2008 (as 2008 2551; bbl 2006 1).iii. liability under civil law art. 145285 1 liability under civil law is regulated by the provisions in force at the time of the act concerned.2 article 75 and article 77 paragraph 5 apply only to licence agreements that have been concluded or confirmed after the amendment to this act of 22 june 2007 comes into force.286285 inserted by no i of the fa of 17 dec. 1976, in force since 1 jan. 1978 (as 1977 1997; bbl 1976 ii 1).286 inserted by no i of the fa of 22 june 2007, in force since 1 july 2008 (as 2008 2551; bbl 2006 1). c. supplementary protection certificates for plant protection products i. authorisation prior to entry into force art. 146287 1 a supplementary protection certificate may be granted for any product which, on the amendment to this act of 9 october 1998288 coming into force, is protected by a patent and for which an authorisation to place it on the market in accordance with article 140b was granted after 1 january 1985.2 the application for the grant of a certificate must be filed within the six months of the amendment to this act of 9 october 1998 coming into force. in the event that the time limit is not met, the ipi shall refuse the application.287 inserted by no i of the fa of 3 feb. 1995 (as 1995 2879; bbl 1993 iii 706). amended by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).288 as 1999 1363ii. lapsed patents art. 147289 1 certificates may also be granted on the basis of patents that have lapsed at the end of their maximum term between 8 february 1997 and the amendment to this act of 9 october 1998290 coming into force.2 the term of protection of the certificate is calculated in accordance with article 140e; its effects do not begin until the publication of the application for the grant of a certificate.3 the application must be filed within two months of the amendment to this act of 9 october 1998 coming into force. in the event that the time limit is not met, the ipi shall refuse the application.4 article 48 paragraphs 1, 2 and 4 apply correspondingly for the time period between the lapse of the patent and the publication of the application.289 inserted by no i of the fa of 3 feb. 1995 (as 1995 2879; bbl 1993 iii 706). amended by no i of the fa of 9 oct. 1998, in force since 1 may 1999 (as 1999 1363; bbl 1998 1633).290 as 1999 1363d. transitional provisions on the amendment to the patents act of 16 december 2005 art. 148291 1 no translation of the patent specifications under article 113 paragraph 1292 is required for european patents which are not published in one of the official swiss languages if the mention of the grant of the european patent, or in the case of the maintenance of the patent in amended form the publication of the decision regarding an opposition, or in the case of a limitation of the patent the mention of the limitation has been published in the european patent bulletin less than three months prior to the amendment to this act of 16 december 2005 coming into force.2 articles 114293 and 116294 also apply after the amendment to this act of 16 december 2005 comes into force to translations which have either been sent to the defendant in accordance with article 112295, or made public by the ipi or which have been submitted to the ipi under article 113296.291 inserted by art. 2 of the fd of 16 dec. 2005 on the approval of the agreement on the application of article 65 of the european patent convention and on the amendment of the patents act, in force since 1 may 2008 (as 2008 1739; bbl 2005 3773).292 as 1977 1997293 as 1977 1997, 1999 1363294 as 1977 1997295 as 1977 1997, 1999 1363296 as 1977 1997, 1995 2879, 2007 6479e. transitional provisions to the amendment of 18 march 2016 of the patent act art. 149297 1 for a period of five years after the entry into force of the amendment of 18 march 2016298 to this act the application for renewal of the term of protection of a certificate may be submitted no later than six months before its expiry.2 for a period of five years after the entry into force of this amendment the application for a paediatric certificate may be made at the latest six months before the end of the maximum term of the patent.3 if the authorisation (art. 9 tpa299) of a medicinal product containing the product (art. 140n para. 1 introductory sentence and 140t para. 1 introductory sentence) is applied for within six months of the entry into force of this amendment, then articles 140n paragraph 1 letter b and 140t paragraph 1 letter b do not apply.commencement date: 1 january 1956300art. 89 para. 2, 90 para. 2 and 3, 91 para. 2 and 3, 96 para. 1 and 3, 101 para. 1, 105 para. 3: 1 october 1959301297 inserted by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2019 (as 2017 2745, 2018 3575; bbl 2013 1).298 as 2017 2745299 sr 812.21300 fcd of 18 oct. 1955.301 fcd of 8 sept. 1959 (ru 1995 861).

235.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton data protection(fadp) of 19 june 1992 (status as of 1 march 2019)the federal assembly of the swiss confederation,based on articles 95, 122 and 173 paragraph 2 of the federal constitution1,2 and having regard to the federal council dispatch dated 23 march 19883,decrees:1 sr 1012 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).3 bbl 1988 ii 413section 1 aim, scope and definitions art. 1 aim this act aims to protect the privacy and the fundamental rights of persons when their data is processed.art. 2 scope 1 this act applies to the processing of data pertaining to natural persons and legal persons by:a.private persons;b.federal bodies.2 it does not apply to:a.personal data that is processed by a natural person exclusively for personal use and which is not disclosed to outsiders;b.deliberations of the federal assembly and in parliamentary committees;c.pending civil proceedings, criminal proceedings, international mutual assistance proceedings and proceedings under constitutional or under administrative law, with the exception of administrative proceedings of first instance;d.public registers based on private law;e.personal data processed by the international committee of the red cross.art. 3 definitions the following definitions apply:a.personal data (data): all information relating to an identified or identifiable person;b.data subjects: natural or legal persons whose data is processed;c.sensitive personal data: data on:1.religious, ideological, political or trade union-related views or activities,2.health, the intimate sphere or the racial origin,3.social security measures,4.administrative or criminal proceedings and sanctions;d.personality profile: a collection of data that permits an assessment of essential characteristics of the personality of a natural person;e.processing: any operation with personal data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of data;f.disclosure: making personal data accessible, for example by permitting access, transmission or publication;g.data file: any set of personal data that is structured in such a way that the data is accessible by data subject;h.federal bodies: federal authorities and services as well as persons who are entrusted with federal public tasks;i.4controller of the data file: private persons or federal bodies that decide on the purpose and content of a data file;j.5formal enactment:1.federal acts,2.decrees of international organisations that are binding on switzerland and international treaties containing legal rules that are approved by the federal assembly;k.6.4 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).5 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).6 repealed by no i of the fa of 24 march 2006, with effect from 1 jan. 2008 (as 2007 4983; bbl 2003 2101).section 2 general data protection provisions art. 4 principles 1 personal data may only be processed lawfully.72 its processing must be carried out in good faith and must be proportionate.3 personal data may only be processed for the purpose indicated at the time of collection, that is evident from the circumstances, or that is provided for by law.4 the collection of personal data and in particular the purpose of its processing must be evident to the data subject.85 if the consent of the data subject is required for the processing of personal data, such consent is valid only if given voluntarily on the provision of adequate information. additionally, consent must be given expressly in the case of processing of sensitive personal data or personality profiles.97 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).8 inserted by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).9 inserted by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 5 correctness of the data 1 anyone who processes personal data must make certain that it is correct. he must take all reasonable measures to ensure that data that is incorrect or incomplete in view of the purpose of its collection is either corrected or destroyed.102 any data subject may request that incorrect data be corrected.10 second sentence inserted by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 611 cross-border disclosure 1 personal data may not be disclosed abroad if the privacy of the data subjects would be seriously endangered thereby, in particular due to the absence of legislation that guarantees adequate protection.2 in the absence of legislation that guarantees adequate protection, personal data may be disclosed abroad only if:a.sufficient safeguards, in particular contractual clauses, ensure an adequate level of protection abroad;b.the data subject has consented in the specific case;c.the processing is directly connected with the conclusion or the performance of a contract and the personal data is that of a contractual party;d.disclosure is essential in the specific case in order either to safeguard an overriding public interest or for the establishment, exercise or enforcement of legal claims before the courts;e.disclosure is required in the specific case in order to protect the life or the physical integrity of the data subject;f.the data subject has made the data generally accessible and has not expressly prohibited its processing;g.disclosure is made within the same legal person or company or between legal persons or companies that are under the same management, provided those involved are subject to data protection rules that ensure an adequate level of protection.3 the federal data protection and information commissioner (the commissioner, art. 26) must be informed of the safeguards under paragraph 2 letter a and the data protection rules under paragraph 2 letter g. the federal council regulates the details of this duty to provide information.11 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 7 data security 1 personal data must be protected against unauthorised processing through adequate technical and organisational measures.2 the federal council issues detailed provisions on the minimum standards for data security.art. 7a12 12 inserted by no i of the fa of 24 march 2006 (as 2007 4983; bbl 2003 2101). repealed by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 8 right to information 1 any person may request information from the controller of a data file as to whether data concerning them is being processed.2 the controller of a data file must notify the data subject:13a.14of all available data concerning the subject in the data file, including the available information on the source of the data;b.the purpose of and if applicable the legal basis for the processing as well as the categories of the personal data processed, the other parties involved with the file and the data recipient.3 the controller of a data file may arrange for data on the health of the data subject to be communicated by a doctor designated by the subject.4 if the controller of a data file has personal data processed by a third party, the controller remains under an obligation to provide information. the third party is under an obligation to provide information if he does not disclose the identity of the controller or if the controller is not domiciled in switzerland.5 the information must normally be provided in writing, in the form of a printout or a photocopy, and is free of charge. the federal council regulates exceptions.6 no one may waive the right to information in advance.13 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).14 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 915 limitation of the duty to provide information 1 the controller of a data file may refuse, restrict or defer the provision of information where:a.a formal enactment so provides;b.this is required to protect the overriding interests of third parties.2 a federal body may further refuse, restrict or defer the provision of information where:a.this is required to protect overriding public interests, and in particular the internal or external security of the confederation;b.the information would jeopardise the outcome of a criminal investigation or any other investigation proceedings.3 as soon as the reason for refusing, restricting or deferring the provision of information ceases to apply, the federal body must provide the information unless this is impossible or only possible with disproportionate inconvenience or expense.4 the private controller of a data file may further refuse, restrict or defer the provision of information where his own overriding interests so require and he does not disclose the personal data to third parties.5 the controller of a data file must indicate the reason why he has refused, restricted or deferred access to information.15 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 10 limitations of the right to information for journalists 1 the controller of a data file that is used exclusively for publication in the edited section of a periodically published medium may refuse to provide information, limit the information or defer its provision provided:a.the personal data reveals the sources of the information;b.access to the drafts of publications would have to be given;c.the freedom of the public to form its opinion would be prejudiced.2 journalists may also refuse restrict or defer information if the data file is being used exclusively as a personal work aid.art. 10a16 data processing by third parties 1 the processing of personal data may be assigned to third parties by agreement or by law if:a.the data is processed only in the manner permitted for the instructing party itself; andb.it is not prohibited by a statutory or contractual duty of confidentiality.2 the instructing party must in particular ensure that the third party guarantees data security.3 third parties may claim the same justification as the instructing party.16 inserted by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 1117 certification procedure 1 in order to improve data protection and data security, the manufacturers of data processing systems or programs as well as private persons or federal bodies that process personal data may submit their systems, procedures and organisation for evaluation by recognised independent certification organisations.2 the federal council shall issue regulations on the recognition of certification procedures and the introduction of a data protection quality label. in doing so, it shall take account of international law and the internationally recognised technical standards.17 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 11a18 register of data files 1 the commissioner maintains a register of data files that is accessible online. anyone may consult the register.2 federal bodies must declare all their data files to the commissioner in order to have them registered.3 private persons must declare their data files if:a.they regularly process sensitive personal data or personality profiles; orb.they regularly disclose personal data to third parties.4 the data files must be declared before they are opened.5 in derogation from the provisions in paragraphs 2 and 3, the controller of data files is not required to declare his files if:a.private persons are processing the data in terms of a statutory obligation;b.the federal council has exempted the processing from the registration requirement because it does not prejudice the rights of the data subjects;c.he uses the data exclusively for publication in the edited section of a periodically published medium and does not pass on any data to third parties without informing the data subjects;d.the data is processed by journalists who use the data file exclusively as a personal work aid;e.he has designated a data protection officer who independently monitors internal compliance with data protection regulations and maintains a list of the data files;f.he has acquired a data protection quality mark under a certification procedure in accordance with article 11 and has notified the commissioner of the result of the evaluation.6 the federal council regulates the modalities for the declaration of data files for registration, the maintenance and the publication of the register, the appointment and duties of the data protection officer under paragraph 5 letter e and the publication of a list of controllers of data files that are relieved of the reporting obligation under paragraph 5 letters e and f.18 inserted by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).section 3 processing of personal data by private persons art. 12 breaches of privacy 1 anyone who processes personal data must not unlawfully breach the privacy of the data subjects in doing so.2 in particular, he must not:a.process personal data in contravention of the principles of articles 4, 5 paragraph 1 and 7 paragraph 1;b.process data pertaining to a person against that person's express wish without justification;c.disclose sensitive personal data or personality profiles to third parties without justification.193 normally there is no breach of privacy if the data subject has made the data generally accessible and has not expressly prohibited its processing.19 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 13 justification 1 a breach of privacy is unlawful unless it is justified by the consent of the injured party, by an overriding private or public interest or by law.2 an overriding interest of the person processing the data shall in particular be considered if that person:a.processes personal data in direct connection with the conclusion or the performance of a contract and the personal data is that of a contractual party;b.is or intends to be in commercial competition with another and for this purpose processes personal data without disclosing the data to third parties;c.process data that is neither sensitive personal data nor a personality profile in order to verify the creditworthiness of another, and discloses such data to third parties only if the data is required for the conclusion or the performance of a contract with the data subject;d.processes personal data on a professional basis exclusively for publication in the edited section of a periodically published medium;e.processes personal data for purposes not relating to a specific person, in particular for the purposes of research, planning and statistics and publishes the results in such a manner that the data subjects may not be identified;f.collects data on a person of public interest, provided the data relates to the public activities of that person.art. 1420 duty to provide information on the collection of sensitive personal data and personality profiles 1 the controller of the data file is obliged to inform the data subject of the collection of sensitive personal data or personality profiles; this duty to provide information also applies where the data is collected from third parties.2 the data subject must be notified as a minimum of the following:a.the controller of the data file;b.the purpose of the processing;c.the categories of data recipients if a disclosure of data is planned.3 if the data is not collected from the data subject, the data subject must be informed at the latest when the data is stored or if the data is not stored, on its first disclosure to a third party.4 the duty of the controller of the data file to provide information ceases to apply if the data subject has already been informed or, in cases under paragraph 3, if:a.the storage or the disclosure of the data is expressly provided for by law; orb.the provision of information is not possible or possible only with disproportionate inconvenience or expense.5 the controller of the data file may refuse, restrict or defer the provision of information subject to the requirements of article 9 paragraphs 1 and 4.20 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 1521 legal claims 1 actions relating to protection of privacy are governed by articles 28, 28a and 28l of the civil code22. the plaintiff may in particular request that data processing be stopped, that no data be disclosed to third parties, or that the personal data be corrected or destroyed.2 where it is impossible to demonstrate that personal data is accurate or inaccurate, the plaintiff may request that a note to this effect be added to the data.3 the plaintiff may request that notification of third parties or the publication of the correction, destruction, blocking, and in particular the prohibition of disclosure to third parties, the marking of the data as disputed or the court judgment.4 actions on the enforcement of a right to information shall be decided by the courts in a simplified procedure under the civil procedure code of 19 december 200823.21 amended by annex 1 no ii 14 of the civil procedure code of 19 dec. 2008, in force since 1 jan. 2011 (as 2010 1739; bbl 2006 7221).22 sr 21023 sr 272section 4 processing of personal data by federal bodies art. 16 responsible body and controls24 1 the federal body that processes or arranges for the processing of personal data in fulfilment of its tasks is responsible for data protection.2 if federal bodies process personal data together with other federal bodies, with cantonal bodies or with private persons, the federal council may specifically regulate the control of and responsibility for data protection.2524 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).25 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 17 legal basis 1 federal bodies may process personal data if there is a statutory basis for doing so.2 they may process sensitive personal data and personality profiles only if a formal enactment expressly provides therefor or if, by way of exception:a.such processing is essential for a task clearly defined in a formal enactment;b.the federal council authorises processing in an individual case because the rights of the data subject are not endangered; orc.the data subject has given his consent in an individual case or made his data general accessible and has not expressly prohibited its processing.2626 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 17a27 automated data processing in pilot projects 1 the federal council may, having consulted the commissioner and before a formal enactment comes into force, approve the automated processing of sensitive personal data or personality profiles if:a.the tasks that require such processing required are regulated in a formal enactment;b.adequate measures are taken to prevent breaches of privacy;c.a test phase before the formal enactment comes into force is indispensable for the practical implementation of data processing.2 a test phase may be mandatory for the practical implementation of data processing if:a.the fulfilment of a task requires technical innovations, the effects of which must first be evaluated;b.the fulfilment of a task requires significant organisational or technical measures, the effectiveness of which must first be tested, in particular in the case of cooperation between federal and the cantonal bodies; orc.processing requires that sensitive personal data or personality profiles be transmitted online to cantonal authorities.3 the federal council shall regulate the modalities of automated data processing in an ordinance.4 the competent federal body shall provide the federal council with an evaluation report at the latest within two years of the pilot system coming into operation. the report contains a proposal on whether the processing should be continued or terminated.5 automated data processing must be terminated in every case if within five years of the pilot systems coming into operation no formal enactment has come in force that contains the required legal basis.27 inserted by no i of the fa of 24 march 2006 (as 2006 4873; bbl 2003 2101, 2006 3547). amended by no i of the fa of 24 march 2006, in force since 15 dec. 2006 (as 2007 4983; bbl 2003 2101).art. 18 collection of personal data 1 in the case of systematic surveys, in particular by means of questionnaires, the federal organ shall disclose the purpose of and the legal basis for the processing, and the categories of persons involved with the data file and of the data recipients.2 .2828 repealed by no i of the fa of 24 march 2006, with effect from 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 18a29 duty to provide information on the collection of personal data 1 federal bodies are obliged to inform the data subject of the collection of personal data; this duty to provide information also applies where the data is collected from third parties.2 the data subject must be notified as a minimum of the following:a.the controller of the data file;b.the purpose of processing;c.the categories of the data recipients where a disclosure of data is planned;d.the right to information in accordance with article 8;e.the consequences of the refusal of the data subject to provide the requested personal data.3 if the data is not collected from the data subject, the data subject must be informed at the latest when the data is stored or if the data is not stored, on its first disclosure to a third party.4 the duty of the controller of the data file to provide information ceases to apply if the data subject has already been informed or, in cases under paragraph 3, if:a.the storage or the disclosure of the data is expressly provided for by law; orb.the provision of information is not possible or possible only with disproportionate inconvenience or expense.5 if the duty to provide information would compromise the competitiveness of a federal body, the federal council may limit the application of the duty to the collection of sensitive personal data and personality profiles.29 inserted by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 18b30 restriction of the duty to provide information 1 federal bodies may refuse, restrict or defer the provision of information subject to the requirements of article 9 paragraphs 1 and 2.2 as soon as the reason for refusal, restriction or deferral ceases to apply, the federal bodies are bound by the duty to provide information unless compliance is not possible or possible only with disproportionate inconvenience or expense.30 inserted by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387; bbl 2009 6749).art. 19 disclosure of personal data 1 federal bodies may disclose personal data if there is legal basis for doing so in accordance with article 17 or if:31a.the data is indispensable to the recipient in the individual case for the fulfilment of his statutory task;b.32the data subject has consented in the individual case;c.33the data subject has made the data generally accessible and has not expressly prohibited disclosure; ord.the recipient demonstrates credibly that the data subject is withholding consent or blocking disclosure in order to prevent the enforcement of legal claims or the safeguarding of other legitimate interests; the data subject must if possible be given the opportunity to comment beforehand.1bis federal bodies may also disclose personal data within the terms of the official information disclosed to the general public, either ex officio or based on the freedom of information act of 17 december 200434 if:a.the personal data concerned is connected with the fulfilment of public duties; and b.there is an overriding public interest in its disclosure.352 federal bodies may on request also disclose the name, first name, address and date of birth of a person if the requirements of paragraph1 are not fulfilled.3 federal bodies may make personal data accessible online if this is expressly provided for. sensitive personal data and personality profiles may be made accessible online only if this is expressly provided for in a formal enactment.363bis federal bodies may make personal data generally accessible by means of automated information and communication services if a legal basis is provided for the publication of such data or if they make information accessible to the general public on the basis of paragraph1bis. if there is no longer a public interest in the accessibility of such data, the data concerned must be removed from the automated information and communication service.374 the federal body shall refuse or restrict disclosure, or make it subject to conditions if:a.essential public interests or clearly legitimate interests of a data subject so require orb.statutory duties of confidentiality or special data protection regulations so require.31 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).32 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).33 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).34 sr 152.335 inserted by annex no 4 of the freedom of information act of 17 dec. 2004, in force since 1 july 2006 (as 2006 2319; bbl 2003 1963).36 second sentence according to no i of the fa of 24 march 2006, with effect from 1 jan. 2008 (as 2007 4983; bbl 2003 2101).37 inserted by annex no 4 of the freedom of information act of 17 dec. 2004, in force since 1 july 2006 (as 2006 2319; bbl 2003 1963).art. 20 blocking disclosure 1 a data subject that credibly demonstrates a legitimate interest may request the federal body concerned to block the disclosure of certain personal data.2 the federal body shall refuse to block disclosure or lift the block if:a.there is a legal duty of disclosure; orb.the fulfilment of its task would otherwise be prejudiced.3 any blocking of disclosure is subject to article 19 paragraph 1bis.3838 inserted by annex no 4 of the freedom of information act of 17 dec. 2004, in force since 1 july 2006 (as 2006 2319; bbl 2003 1963).art. 2139 offering documents to the federal archives 1 in accordance with the archiving act of 26 june 199840, federal bodies shall offer the federal archives all personal data that is no longer in constant use.2 the federal bodies shall destroy personal data designated by the federal archives as not being of archival value unless it:a.is rendered anonymous;b.41must be preserved on evidentiary or security grounds or in order to safeguard the legitimate interests of the data subject.39 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).40 sr 152.141 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 22 processing for research, planning and statistics 1 federal bodies may process personal data for purposes not related to specific persons, and in particular for research, planning and statistics, if:a.the data is rendered anonymous, as soon as the purpose of the processing permits;b.the recipient only discloses the data with the consent of the federal body andc.the results are published in such a manner that the data subjects may not be identified.2 the requirements of the following provisions need not be fulfilled:a.article 4 paragraph 3 on the purpose of processingb.article17 paragraph 2 on the legal basis for the processing of sensitive personal data and personality profiles;c.article 19 paragraph 1 on the disclosure of personal data.art. 23 private law activities of federal bodies 1 if a federal body acts under private law, the provisions for the processing of personal data by private persons apply.2 supervision is governed by the provisions on federal bodies.art. 2442 42 repealed by art. 31 of the fa of 21 march 1997 on measures to safeguard internal security, with effect from 1 july 1998 (as 1998 1546; bbl 1994 ii 1127).art. 25 claims and procedure 1 anyone with a legitimate interest may request the federal body concerned to:a.refrain from processing personal data unlawfully;b.eliminate the consequences of unlawful processing;c.ascertain whether processing is unlawful.2 if it is not possible to prove the accuracy or the inaccuracy of personal data, the federal body must mark the data correspondingly.3 the applicant may in particular request that the federal body:a.corrects or destroys the personal data or blocks its disclosure to third parties;b.communicates its decision to third parties, in particular on the correction, destruction, blocking of the data or marking of the data as disputed, or publishes the decision.4 the procedure is governed by the federal act of 20 december 196843 on administrative procedure (administrative procedure act). the exceptions contained in articles 2 and 3 of the administrative procedure act do not apply.5 .4443 sr 172.02144 repealed by annex no 26 of the administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 25bis 45 procedure in the event of the disclosure of official documents containing personal data for as long as proceedings relating to access to official documents within the meaning of the freedom of information act of 17 december 200446 that contain personal data are ongoing, the data subject may within the terms of such proceedings claim the rights accorded to him on the basis of article 25 of this act in relation to those documents that are the subject matter of the access proceedings.45 inserted by annex no 4 of the freedom of information act of 17 dec. 2004, in force since 1 july 2006 (as 2006 2319; bbl 2003 1963).46 sr 152.3section 5 federal data protection and information commissioner art. 2647 appointment and status 1 the commissioner is appointed by the federal council for a term of office of four years. the appointment must be approved by the federal assembly.1bis this term of office shall be extended automatically unless the federal council has issued an order no less than six months before its expiry based on materially adequate grounds that the term of office should not be extended.482 the employment relationship is governed by the federal personnel act of 24 march 200049, unless this act provides otherwise.3 the commissioner shall exercise his duties independently, without receiving directives from any authority.50 he is assigned to the federal chancellery for administrative purposes.3 he has a permanent secretariat and his own budget. he appoints his own staff.5 the commissioner is not subject to the system of assessment under article 4 paragraph 3 of the federal personnel act of 24 march 2000.47 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).48 amended by no ii 1 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).49 sr 172.220.150 amended by no ii 1 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 26a51 reappointment and termination of the term of office 1 the commissioner's term of office may be extended twice.521bis this term of office shall be extended automatically unless the federal council has issued an order based on materially adequate grounds that the term of office should not be extended.532 the commissioner may request the federal council to be discharged from office at the end of any month subject to six months advance notice.3 the federal council may dismiss the commissioner from office before the expiry of his term of office if he:a.wilfully or through gross negligence seriously violates his duties of office; or b.he is permanently unable to fulfil his duties of office.51 inserted by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).52 amended by no ii 1 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).53 inserted by no ii 1 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 26b54 secondary occupation 1 the commissioner may not carry on another occupation. 2 the federal council may permit the commissioner to carry on another occupation provided this does not compromise his independence and standing. the decision shall be published.54 inserted by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (as 2010 3387 3418; bbl 2009 6749). amended by no ii 1 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 27 supervision of federal bodies 1 the commissioner55 supervises compliance by federal bodies with this act and other federal data protection regulations of the confederation. the federal council is excluded from such supervision.2 the commissioner investigates cases either on his own initiative or at the request of a third party.3 in investigating cases, he may request the production of files, obtain information and arrange for processed data to be shown to him. the federal bodies must assist in determining the facts of any case. the right to refuse to testify under article 16 of the administrative procedure act56 applies by analogy.4 if the investigation reveals that data protection regulations are being breached, the commissioner shall recommend that the federal body concerned change the method of processing or abandon the processing. he informs the department concerned or the federal chancellery of his recommendation.5 if a recommendation is not complied with or is rejected, he may refer the matter to the department or to the federal chancellery for a decision. the decision is communicated to the data subjects in the form of a ruling.576 the commissioner has a right of appeal against the ruling under paragraph 5 and against the decision of the appeal authority.5855 term in accordance with annex no 4 of the freedom of information act of 17 dec. 2004, in force since 1 july 2006 (as 2006 2319; bbl 2003 1963). this amendment is taken into account throughout this act.56 sr 172.02157 second sentence according to no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).58 inserted by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 28 advice to private persons the commissioner advises private persons on data protection matters.art. 29 investigations and recommendations in the private sector 1 the commissioner shall investigate cases in more detail on his own initiative or at the request of a third party if:a.methods of processing are capable of breaching the privacy of larger number of persons (system errors);b.59data files must be registered (art. 11a);c.60there is a duty to provide information in terms of article 6 paragraph 3.2 to this end, he may request files, obtain information and arrange for processed data to be shown to him. the right to refuse to testify under article 16 of the administrative procedure act61 applies by analogy.3 on the basis of his investigations, the commissioner may recommend that the method of processing be changed or abandoned.4 if a recommendation made by the commissioner is not complied with or is rejected, he may refer the matter to the federal administrative court for a decision. he has the right to appeal against this decision.6259 amended by no i of the fa of 24 march 2006, in force since 1jan. 2008 (as 2007 4983; bbl 2003 2101).60 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).61 sr 172.02162 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 30 information 1 the commissioner shall submit a report to the federal assembly at regular intervals and as required. he shall provide the federal council with a copy of the report at the same time. the regular reports are published.632 in cases of general interest, he informs the general public of his findings and recommendations. he may only publish personal data subject to official secrecy with consent of the authority responsible. if it refuses its consent, the president of the division of the federal administrative court responsible for data protection makes the final decision.6463 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).64 wording of sentence according to annex no 26 of the administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).art. 31 additional tasks 1 the commissioner has the following additional tasks in particular:65a.he assists federal and cantonal bodies on data protection issues;b.he provides an opinion on draft federal legislation and on other federal measures that are relevant to data protection;c.he cooperates with domestic and foreign data protection authorities;d.66he provides an expert opinion on the extent to which foreign data protection legislation guarantees adequate protection;e.67he examines safeguards and data protection rules notified to him under article 6 paragraph 3;f.68he examines the certification procedure under article11 and may issue recommendations in accordance with article 27 paragraph 4 or article 29 paragraph 3;.g.69he carries out the tasks assigned to him under the freedom of information act of 17 december 200470;h.71he shall raise the level of public awareness of data protection matters.2 he may also advise bodies of the federal administration even if, in accordance with article 2 paragraph 2 letters c and d, this act does not apply. the bodies of the federal administration may permit him to inspect their files.65 amended by annex no 4 of the freedom of information act of 17 dec. 2004, in force since 1 july 2006 (as 2006 2319; bbl 2003 1963).66 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).67 inserted by annex no 4 of the freedom of information act of 17 dec. 2004 (as 2006 2319; bbl 2003 1963). amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).68 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).69 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).70 sr 152.371 inserted by no ii 1 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 3272 72 repealed by annex no i of the fa of 30 sept. 2011 on research involving human beings, with effect from 1 jan. 2014 (as 2013 3215; bbl 2009 8045).section 673 legal protection 73 amended by annex no 26 des administrative court act of 17 june 2005, in force since 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202). art. 33 1 legal protection is governed by the general provisions on the administration of federal justice.2 if the commissioner establishes in a case investigation under article 27 paragraph 2 or under article 29 paragraph 1 that the data subjects are threatened with a disadvantage that cannot be easily remedied, he may apply to the president of the division of the federal administrative court responsible for data protection for interim measures to be taken. the procedure is governed by analogy by articles 79-84 of the federal act of 4 december 194774 on federal civil procedure.74 sr 273section 7 criminal provisions art. 34 breach of obligations to provide information, to register or to cooperate 1 on complaint, private persons are liable to a fine if they:75a.breach their obligations under articles 8-10 and 14, in that they wilfully provide false or incomplete information; orb.wilfully fail:1.to inform the data subject in accordance with article 14 paragraph 1, or2.to provide information required under article 14 paragraph 2.762 private persons are liable to a fine77 if they wilfully:a.78fail to provide information in accordance with article 6 paragraph 3 or to declare files in accordance with article11a or who in doing so wilfully provide false information; orb.provide the commissioner with false information in the course of a case investigation (art. 29) or who refuse to cooperate.75 amended by art. 333 of the criminal code in the version of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).76 amended by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).77 amended by art. 333 of the criminal code in the version of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).78 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 35 breach of professional confidentiality 1 anyone who without authorisation wilfully discloses confidential, sensitive personal data or personality profiles that have come to their knowledge in the course of their professional activities where such activities require the knowledge of such data is, on complaint, liable to a fine.792 the same penalties apply to anyone who without authorisation wilfully discloses confidential, sensitive personal data or personality profiles that have come to their knowledge in the course of their activities for a person bound by professional confidentiality or in the course of training with such a person.3 the unauthorised disclosure of confidential, sensitive personal data or personality profiles remains an offence after termination of such professional activities or training.79 amended by art. 333 of the criminal code in the version of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).section 8 final provisions art. 36 implementation 1 the federal council shall issue the implementing provisions.2 .803 it may provide for derogations from articles 8 and 9 in relation to the provision of information by swiss diplomatic and consular representations abroad.4 it may also specify:a.which data files require processing regulations;b.the requirements under which a federal body may arrange for the processing of personal data by a third party or for a third party;c.how the means of identification of persons may be used.5 it may conclude international treaties on data protection provided they comply with the principles of this act.6 it regulates how data files must be secured where the data may constitute a danger to life and limb for the data subjects in the event of war or other crisis.80 repealed by art. 25 of the archiving act of 26 june 1998, with effect from 1 oct. 1999 (as 1999 2243; bbl 1997 ii 941).art. 37 implementation by the cantons 1 unless there are cantonal data protection regulations that ensure an adequate level of protection, articles 1-11a, 16, 17, 18-22 and 25 paragraphs 1-3 of this act apply to the processing of personal data by cantonal bodies in the implementation of federal law.812 the cantons shall appoint a controlling body to ensure compliance with data protection requirements. articles 27, 30 and 31 are applicable in an analogous manner.81 amended by no i of the fa of 24 march 2006, in force since 1 jan. 2008 (as 2007 4983; bbl 2003 2101).art. 38 transitional provisions 1 the controllers of data files must register existing data files that must be registered under article 11 within one year of the commencement of this act at the latest.2 they must take the required measures within one year of the commencement of this act to be able to provide the information required under article 8.3 federal bodies may continue to use an existing data file with sensitive personal data or with personality profiles until 31 december 2000 without fulfilling the requirements of article 17 paragraph 2.824 in matters relating to asylum and foreign nationals, the period mentioned in paragraph 3 is extended until the commencement of the totally revised asylum act of 26 june 199883 and the amendments to the federal act of 26 march 193184 on the residence and permanent settlement of foreign nationals.8582 amended by no i of the fd of 26 june 1998, in force until 31 dec. 2000 (as 1998 1586; bbl 1998 1579 1583).83 sr 142.3184 [bs 1 121; as 1949 221, 1987 1665, 1988 332, 1990 1587 art. 3 para. 2, 1991 362 no ii 11 1034 no iii, 1995 146, 1999 1111 2262 annex no 1, 2000 1891 no iv 2, 2002 685 no i 1 701 no i 1 3988 annex no 3, 2003 4557 annex no ii 2, 2004 1633 no i 1 4655 no i 1, 2005 5685 annex no 2, 2006 979 art. 2 no 1 1931 art. 18 no 1 2197 annex no 3 3459 annex no 1 4745 annex no 1, 2007 359 annex no 1. as 2007 5437 annex no i]85 inserted by no ii of the fd of 20 june 1997, in force since 1 jan. 1998 (as 1997 2372; bbl 1997 i 877). the acts mentioned come into force on 1 oct. 1999.art. 38a86 transitional provision to the amendment of 19 march 2010 the appointment of the commissioner and the termination of his employment relationship are subject to the previous law until the end of the legislative period in which this amendment comes into force.86 inserted by no 3 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387 3418; bbl 2009 6749).art. 39 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 july 19938787 fcd of 14 june 1993 (as 1993 1958).final provision of the amendment of 24 march 200688 88 as 2007 4983 within a year of the commencement of this act, the controllers of data files must take the required measures to inform data subjects in accordance with article 4 paragraph 4 and article 7a.annex amendment of federal acts .8989 the amendments may be consulted under as 1993 1945.

235.11 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.235.11ordinanceto the federal act on data protection(dpo)of 14 june 1993 (status as at 16 october 2012)the swiss federal council,based on articles 6 paragraph 3, 7 paragraph 2, 8, 11a paragraph 6, 16 paragraph 2, 17a and 36 paragraphs 1, 4 and 6 of the federal act of 19 june 19921 on data protection (dpa) and on article 46a of the government and administration organisation act of 21 march 19972,3ordains:1 sr 235.12 sr 172.0103 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).chapter 1 processing of personal data by private persons section 1 right of access art. 1 modalities 1 anyone who requests information from the controller of a data file on whether data concerning them is being processed (art. 8 dpa) must normally request the information in writing and provide proof of their identity.2 requests for information as well as the provision of information may also be made online if the controller of the data file expressly arranges for this and takes appropriate measures to:a.guarantee the identification of the data subject; andb.protect the personal data of the data subject when providing information against unauthorised access by third parties.43 with the agreement of the controller of the data file or at his suggestion, the data subject may inspect their data in situ. the information may also be provided verbally if the data subject has consented and has been identified by the controller.4 the information or the substantiated decision on the restriction of the right of access (art. 9 and 10 dpa) is provided within 30 days of receipt of the request for information. if the information cannot be provided within 30 days, the controller of the data file must notify the applicant of this and of the date by which the information will be provided.5 if one or more data files are jointly held by two or more controllers, the right of access may be asserted against each controller, unless one of them is responsible for processing all requests for information. if the controller of the data file is not authorised to provide information, he shall pass the request on to the person responsible.6 if the request for information relates to data that is being processed by a third party on behalf of the controller of the data file, the controller shall pass the request on to the third party for processing if the controller is not able to provide the information himself.57 if information is requested on data relating to deceased persons, it must be provided if the applicant proves an interest in the information that is not countered by the overriding interests of relatives of the deceased or third parties. close relatives and persons who have been married to the deceased have a justified interest.4 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).5 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 2 exceptions to the exemption from costs 1 the payment of an appropriate share of the costs may by way of exception be requested if:a.the applicant has already been provided with the requested information in the twelve months prior to the application and no legitimate interest in the further provision of information can be proven. a legitimate interest is constituted in particular if the personal data has been modified without notice being given to the data subject;b.the provision of information entails an exceptionally large amount of work.2 the share of the costs amounts to a maximum of 300 francs. the applicant must be notified of the amount of the share before the information is provided and may withdraw his request within ten days.section 2 registration of data files art. 3 registration 1 data files (art. 11a para. 3 dpa) must be registered with the federal data protection and information commissioner (the commissioner) before their operational use.6 the registration contains the following information:a.the name and address of the controller of the data file;b.the name and complete designation of the data file;c.the person against whom the right of access may be asserted;d.the purpose of the data file;e.the categories of personal data processed;f.the categories of data recipients;g.the categories of persons participating in the data file, i.e. third parties who are permitted to enter and modify data in the data file.2 each controller of a data file shall update this information on an ongoing basis. .76 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).7 second sentence repealed by no. i of the ordinance of 28 sept. 2007, with effect from 1 jan. 2008 (as 2007 4993).art. 48 exemptions from the duty to register 1 exempt from the duty to register data files are data files as defined in article 11a paragraph 5 letters a and c-f dpa as well as the following data files (art. 11a para. 5 let. b dpa):a.data files from suppliers or customers, provided they do not contain any sensitive personal data or personality profiles;b.data files whose data is used exclusively for purposes unrelated to specific persons, in particular in research, planning and statistics;c.archived data files and the data that are preserved solely for historical or scientific purposes;d.data files that contain only data that has been published or that the data subjects have themselves made generally accessible and whose processing they have not expressly prohibited;e.data that exclusively serves to fulfil the requirements of article10;f.accounting records;g.secondary data files for personnel management of the controller of the data file, provided they do not contain any sensitive personal data or personality profiles.2 the controller of the data files shall take the measures required to be able to provide the commissioner or the data subjects on request with the information (art. 3 para. 1) on data files not subject to the duty to register.8 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).section 3 transborder disclosure art. 59 publication in electronic form if personal data is made generally accessible by means of automated information and communications services for the purpose of providing information to the general public, this is not deemed to be transborder disclosure.9 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 610 duty to provide information 1 the controller of the data file shall inform the commissioner prior to transborder disclosure with regard to the safeguards and data protection rules under article 6 paragraph 2 letters a and g dpa. if information cannot be provided in advance, it must be provided immediately after disclosure.2 if the commissioner has been informed of the safeguards and the data protection rules, the duty to provide information for all additional disclosures is regarded as fulfilled if such disclosures:a.are made subject to the same safeguards, provided the categories of recipient, the purpose the processing and the data categories remain essentially unchanged; orb.take place within the same legal person or company or between legal persons or companies that are under the same management, provided the data protection rules continue to ensure an adequate level of protection.3 the duty to provide information is also regarded as fulfilled if data is transmitted on the basis of model contracts or standard contract clauses that have been drawn up or approved by the commissioner, and the commissioner has been informed about the use of these model contracts or standard contract clauses by the controller of the data file. the commissioner shall publish a list of the model contracts and standard contract clauses that he has drawn up or approved.4 the controller of the data file shall take appropriate measures to ensure that the recipient complies with the safeguards and the data protection rules.5 the commissioner examines the safeguards and the data protection rules that have been notified to him (art. 31 para. 1 let. e dpa) and notifies the controller of the data file of the result of his examination within 30 days of receipt of the information.10 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 711 list of states with adequate data protection legislation the commissioner shall publish a list of the states whose legislation ensures an adequate level of protection.11 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).section 4 technical and organisational measures art. 8 general measures 1 anyone who as private individual processes personal data or provides a data communication network shall ensure the confidentiality, availability and the integrity of the data in order to ensure an appropriate level of data protection.12 in particular, he shall protect the systems against the following risks:a.unauthorised or accidental destruction;b.accidental loss;c.technical faults;d.forgery, theft or unlawful use;e.unauthorised alteration, copying, access or other unauthorised processing.2 the technical and organisational measures must be adequate. in particular, they must take account of the following criteria:a.the purpose of the data processing;b.the nature and extent of the data processing;c.an assessment of the possible risks to the data subjects;d.the current state of the art.3 these measures must be reviewed periodically.4 .1312 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).13 repealed by no. i of the ordinance of 28 sept. 2007, with effect from 1 jan. 2008 (as 2007 4993).art. 9 special measures 1 the controller of the data file shall, in particular for the automated processing of personal data, take the technical and organisational measures that are suitable for achieving the following goals in particular:a.entrance control: unauthorised persons must be denied the access to facilities in which personal data is being processed;b.personal data carrier control: unauthorised persons must be prevented from reading, copying, altering or removing data carriers;c.transport control: on the disclosure of personal data as well as during the transport of data carriers, the unauthorised reading, copying, alteration or deletion of data must be prevented;d.disclosure control: data recipients to whom personal data is disclosed by means of devices for data transmission must be identifiable;e.storage control: unauthorised storage in the memory as well as the unauthorised knowledge, alteration or deletion of stored personal data must be prevented;f.usage control: the use by unauthorised persons of automated data processing systems by means of devices for data transmission must be prevented;g.access control: the access by authorised persons must be limited to the personal data that they required to fulfilment their task;h.input control: in automated systems, it must be possible to carry out a retrospective examination of what personal data was entered at what time and by which person.2 the data files must be structured so that the data subjects are able to assert their right of access and their right to have data corrected.art. 10 records 1 the controller of the data file shall maintain a record of the automated processing of sensitive personal data or personality profiles if preventive measures cannot ensure data protection. records are necessary in particular if it would not otherwise be possible to determine subsequently whether data has been processed for the purposes for which it was collected or disclosed. the commissioner14 may also recommend that records be maintained of other processing.152 the records must be stored for one year in a state suitable for auditing. they are accessible only to those bodies or private persons whose duty it is to supervise compliance with the data protection regulations, and may be used only for this purpose.14 term in accordance with annex 2 no. 3 of the freedom of information ordinance of 24 may 2006, in force since 1 july 2006 (as 2006 2331). this amendment has been made throughout this ordinance.15 correction of 12 oct. 2012, concerns only the italian text (as 2012 5521)art. 1116 processing policy 1 the controller of an automated data file subject to registration (art. 11a para. 3 dpa) that is not exempted from the registration requirement in terms of article 11a paragraph 5 letters b-d dpa shall issue a processing policy that describes in particular the internal organisation and the data processing and control procedures and contain documents on the planning, realisation and operation of the data file and the information technology used.2 the controller of the data file shall update the processing policy regularly. he shall make it available to the commissioner or the data protection officer under article 11a paragraph 5 letter e dpa on request in a form that is comprehensible to them.16 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 12 disclosure of data the controller of the data file shall notify the data recipient as to how up-to-date and reliable the personal data that he has disclosed is, unless this information is evident from the data itself or from the circumstances.section 517 data protection officers 17 inserted by no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993). art. 12a appointment of the data protection officer and notice to the commissioner 1 if the controller of the data file under article 11a paragraph 5 letter e dpa wishes to be exempted from the duty to register the data file, he must:a.appoint an operational data protection officer who fulfils the requirements of paragraph 2 and of article 12b; andb.notify the commissioner of the appointment of the data protection officer.2 the controller of the data file may appoint an employee or a third party as the data protection officer. this person may not carry out any other activities that are incompatible with his duties as a data protection officer, and must have the required specialist knowledge.art. 12b duties and position of the data protection officer 1 the data protection officer has the following duties in particular:a.he audits the processing of personal data and recommends corrective measures if he ascertains that the data protection regulations have been infringed.b.he maintains a list of the data files in accordance with article 11a paragraph 3 dpa that are operated by the controller of the data files; this list must be made available to the commissioner or on request to data subjects.2 the data protection officer:a.carries out his duties independently and without instructions from the controller of the data file;b.has the resources required to fulfil his duties;c.has access to all data files and data processing as well as to all information, that he requires to fulfil his duties.chapter 2 processing of personal data by federal bodies section 1 right of access art. 13 modalities articles 1 and 2 apply by analogy to requests for information made to federal bodies.art. 14 requests for information made to swiss diplomatic representations abroad 1 swiss representations abroad as well as the missions to the european communities and to international organisations shall forward requests for information made to them to the office responsible in the federal department of foreign affairs. the department regulates the responsibilities.182 in addition, the provisions of the ordinance of 10 december 200419 on military controls apply to requests for information on military controls abroad.2018 amended in accordance with annex 2 no. 3 of the freedom of information ordinance of 24 may 2006, in force since 1 july 2006 (sr 152.31).19 sr 511.2220 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 1521 21 repealed by art. 26 para. 2 of the archiving ordinance of 8 sept. 1999 (sr 152.11).section 2 registration of data files art. 16 registration22 1 the federal bodies responsible (art. 16 dpa) shall register with the commissioner all the data files that they maintain before they are opened. the registration contains the following details:a.the name and address of the responsible federal body;b.the name and complete designation of the data file;c.the body against whom the right of access may be asserted;d.the legal basis and purpose of the data file;e.the categories of processed personal data;f.the categories of the recipients of the data;g.the categories of the participants in the data file, i.e. third parties who may enter or modify data in the file.h.232 the responsible federal body shall update these details regularly.2422 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).23 repealed by no. i of the ordinance of 28 sept. 2007, with effect from 1 jan. 2008 (as 2007 4993).24 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 1725 25 repealed by no. i of the ordinance of 28 sept. 2007, with effect from 1 jan. 2008 (as 2007 4993).art. 1826 exemptions from the duty to register 1 following data files are exempted from the duty to register, provided the federal bodies use them exclusively for the internal administrative purposes:a.common correspondence registers;b.data files of supplier or clients, provided they do not contain sensitive personal data or personality profiles;c.collections of addresses used solely for addressing correspondence, provided they do not contain sensitive personal data or personality profiles;d.lists for compensation payments;e.accounting documents;f.secondary data files for federal personnel management, provided they do not contain sensitive personal data or personality profiles;g.library data files (catalogues of authors, borrower and user lists).2 the following are also exempted from the duty to register:a.data files archived in the federal archives;b.data files that are made available to the general public in the form of directories;c.data files where the data is used exclusively for purposes not related to specific persons, in particular in research, planning and statistics.3 the competent federal body shall take the measures required to be able to provide the commissioner or the data subjects on request with the information (art. 16 para. 1) on data files exempted from the duty to register.26 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).section 3 transborder disclosure art. 1927 if a federal body makes a transborder disclosure of personal data on the basis of article 6 paragraph 2 letter a dpa known, article 6 applies.27 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993, 2008 189).section 4 technical and organisational measures art. 2028 principles 1 the federal bodies responsible shall take the technical and organisational measures required under articles 8-10 to protect the privacy and the fundamental rights of persons whose data is being processed. in the case of the automated data processing, the federal bodies shall cooperate with the federal strategy unit for it (fsuit).2 the federal bodies responsible shall immediately notify the data protection officer under article 11a paragraph 5 letter e dpa or, if no officer has been appointed, the commissioner of all projects involving the automated processing of personal data, so that data protection requirements are taken into account without delay. notice is given to the commissioner by way of fsuit if the project must also be registered with the latter.293 the commissioner and fsuit shall cooperate on technical measures within the scope of their activities. the data protection commissioner shall consult with fsuit before recommending such measures.4 in addition, directives apply that have been issued by the federal bodies responsible based on the federal information technology ordinance of 26 september 200330.3128 amended in accordance with annex no. ii 7 of the ordinance on federal information technology of 23 feb. 2000 [as 2000 1227].29 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).30 sr 172.010.5831 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 21 processing policy 1 the federal bodies responsible shall issue a processing policy for automated data files that:a.contain sensitive data or personality profiles;b.are used by two or more federal bodies;c.are disclosed to cantons, foreign authorities, international organisations or private persons; ord.are connected to other data files.2 the federal body responsible shall determine its internal organisation in the processing policy. these shall in particular describe the data processing and control procedures and contain all documents on the planning, realisation and management of the data file. the policy shall contain the details required for registration (art. 16) as well as information on:a.the body responsible for the protection and security of the data;b.the source of the data;c.the purposes for which the data is regularly disclosed;d.the control procedures and in particular the technical and organisational measures in terms of article 20;e.the description of the data fields and the organisational units that have access to them;f.the access by users of the data files as well as on the nature and extent of such access;g.the data processing procedures, in particular the procedure for the rectification, blocking, anonymising, storing, safeguarding, archiving or destruction of the data;h.the configuration of the information technology used;i.the procedure for exercising the right of access.3 the policy shall be updated regularly. they shall be made available to the control bodies responsible in a form comprehensible to them.art. 22 data processing by third parties 1 .322 a federal body that arranges for personal data to be processed by third parties remains responsible for data protection. it ensures that the data is processed in accordance with its instructions, in particular with regard to its use and disclosure.3 if the third party is not subject to the dpa, the responsible body shall satisfy itself that other statutory provisions ensure equivalent data protection, and if this is not the case, it shall ensure protection by contractual means.32 repealed by no. i of the ordinance of 28 sept. 2007, with effect from 1 jan. 2008 (as 2007 4993).art. 2333 advisor on data protection 1 the federal chancellery and the departments shall each appoint at least one advisor on data protection. this advisor has the following duties:a.advising the responsible bodies and users;b.encouraging the provision of information and the training of staff;c.participating in the implementation of the data protection regulations.2 if federal bodies under article 11a paragraph 5 letter e dpa wish to be exempted from the duty to register their data files, articles12a and 12b apply.3 the federal bodies consult with the commissioner with regard to the advisor.33 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).section 5 special provisions art. 2434 collection of personal data 1 where a federal body collects personal data systematically by means of questionnaires, it must inform persons who are not obliged to provide information that the provision of information is voluntary.34 amended in accordance with no. 1 of the ordinance of 4 june 2010, in force since 1 dec. 2010 (as 2010 3399).art. 25 personal identification number 1 the federal body that introduces a personal identification number for the administration of its data file shall create a non-speaking number that is used in its own area of responsibility. a non-speaking number is any set of clear or clearly identifiable characters allocated to each person registered in a data file that does not permit any conclusions to be drawn as to the person to which it relates.2 the use of the personal identification number by other federal or cantonal bodies or by private individuals must be approved by the federal body concerned.3 the approval may be granted if there is a close connection between the planned data processing and the processing for which the personal identification number has been created.4 in addition, the use of the ahv number is regulated by the ahv legislation.art. 26 disclosure of data the federal body concerned shall notify the data recipient of the up-to-dateness and the reliability of the personal data that it discloses, provided this information is not evident from the data itself or from the circumstances.art. 2735 procedure for the authorisation of pilot scheme 1 before consulting the interested administrative units, the federal body responsible for the pilot scheme shall inform the commissioner as to how it is intended to ensure compliance with the requirements of article 17a dpa, and invite him to comment thereon.2 the commissioner shall comment on the issue of whether the licensing requirements in terms of article 17a paragraphs 1 and 2 dpa are fulfilled. the federal body responsible shall provide him with all the documents required, and in particular with:a.a general description of the pilot scheme;b.a report that proves that the fulfilment of tasks provided for by law requires the processing of sensitive personal data or personality profiles and that a test phase before the formal enactment comes into force is indispensable (art. 17a para. 1 let. c dpa);c.a description of the internal organisation as well as the data processing and control procedures (art. 21);d.a description of the security and data protection measures;e.the draft of or the concept for an ordinance that regulates the details of the processing;f.information relating to the planning of the various phases of the pilot scheme.3 the commissioner may request further documents and carry out additional investigations.4 the federal body responsible shall inform the commissioner of any important modification relating to compliance with the requirements of article 17a dpa. if required, the commissioner shall again state his views thereon.5 the opinion of the commissioner must be included in the application to the federal council.35 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 27a36 analysis report for pilot schemes the federal body responsible shall submit the draft of the analysis report for the federal council (art. 17a para. 4 dpa) to the commissioner for comment. the federal council must be informed of the opinion of the commissioner.36 inserted by no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).chapter 3 register of data files, federal data protection and information commissioner37, and procedures before the federal administrative court38 37 term in accordance with annex 2 no. 3 of the freedom of information ordinance of 24 may 2006, in force since 1 july 2006 (as 2006 2331).38 term in accordance with no. ii 24 of the ordinance of 8 nov. 2006 on the amendment of federal council ordinances in accordance with the total revision of the provisions on the administration of federal justice, in force since 1 jan. 2007 (as 2006 4705). this amendment is taken into account throughout this ordinance.section 1 register and registration of data files art. 2839 register of data files 1 the register maintained by the commissioner contains the information in terms of articles 3 and 16.2 the register is accessible to the general public online. the commissioner shall provide extracts on request free of charge.3 the commissioner maintains a list of the controllers of data files who are exempted from the requirement to register data files in terms of article 11a paragraph 5 letters e and f dpa. this list is accessible to the general public online.4 if the controller of the data file does not register his data file or does not do so completely, the commissioner shall allow him a period within which to comply with his obligations. on expiry of the period, he may, based on the information available to him, register the file ex officio or recommend that the data processing be terminated.39 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 2940 40 repealed by no. i of the ordinance of 28 sept. 2007, with effect from 1 jan. 2008 (as 2007 4993).section 2 federal data protection and information commissioner art. 30 headquarters and legal status 1 the commissioner's headquarters and secretariat are located in bern.2 the employment of the members of the commissioner's secretariat is governed by the federal personnel act of 24 march 200041 together with its implementing provisions.423 the commissioner's budget is contained in a special section of the federal chancellery budget.4341 sr 172.220.142 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).43 inserted by no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 31 relations with other authorities and private individuals 1 the commissioner deals with the federal council via the federal chancellor.44 the federal chancellor shall pass on any recommendations and reports from the data protection commissioner irrespective of whether he or she concurs with them.1bis the commissioner passes on the reports intended for the federal assembly directly to the parliamentary services.452 the commissioner deals directly with other administrative units, the federal courts, foreign data protection authorities and with all other authorities and private persons that are subject to federal data protection legislation or the legislation on the principle of freedom of information in government.4644 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).45 inserted by no. 1 of the ordinance of 4 june 2010, in force since 1 dec. 2010 (as 2010 3399).46 amended in accordance with no. ii 24 of the ordinance of 8. nov. 2006 on the amendment of federal council ordinances in accordance with the total revision of the provisions on the administration of federal justice, in force since 1 jan. 2007 (as 2006 4705).art. 32 documentation 1 the federal bodies shall submit to the commissioner any draft legislation that relates to the processing of personal data, data protection or access to official documents.47 in the area of the data protection, the departments and the federal chancellery notify him of their decisions in anonymised form as well as their guidelines.482 the commissioner must have sufficient documentation made available to him in order to carry out his activities. he operates an independent information and documentation system for the administration, indexing and control of correspondence and the files as well as for the online publication of information of general interest and of the registers of data files.493 the federal administrative court has access to the commissioner's scientific documentation.5047 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).48 amended in accordance with annex 2 no. 3 of the freedom of information ordinance of 24 may 2006, in force since 1 july 2006 (sr 152.31).49 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).50 amended in accordance with no. ii 24 of the ordinance of 8. nov. 2006 on the amendment of federal council ordinances in accordance with the total revision of the provisions on the administration of federal justice, in force since 1 jan. 2007 (as 2006 4705).art. 33 fees 1 a fee is charged for expert opinions (art. 28 dpa) from the commissioner. the provisions of the general fees ordinance of 8 september 200451 apply.522 no fee is charged to federal administrative units, authorities and the cantons.51 sr 172.041.152 amended in accordance with no. i of the ordinance of 28 sept. 2007, in force since 1 jan. 2008 (as 2007 4993).art. 34 examination of the processing of personal data 1 for the investigation of the circumstances under articles 27 and 29 dpa, and in particular the examination of the lawfulness of data processing, the commissioner may request the following information in particular from the controller of the data file:a.technical and organisational measures (art. 8-10, 20) that have been taken or that are planned;b.the regulations relating to the correction, blocking, rendering anonymous, storing, safeguarding and destruction of personal data;c.the configuration of the information technology used;d.links with other data files;e.the manner of the disclosure the data;f.the description of the data fields and the organisational units that have access to them;g.the nature and extent of access by users to the data in the data file.2 in the case of transborder disclosure, the commissioner may request additional information, in particular on the processing possibilities of the data recipient or on the data protection measures taken.section 3 procedure before the federal administrative court art. 3553 1 the federal administrative court may request the submission of processed data.2 it notifies the commissioner of its decisions.53 amended in accordance with no. ii 24 of the ordinance of 8. nov. 2006 on the amendment of federal council ordinances in accordance with the total revision of the provisions on the administration of federal justice, in force since 1 jan. 2007 (as 2006 4705).chapter 4 final provisions art. 36 amendment of current law 1.-2. .543. -8. .5554 repealed by annex no. ii 7 of the ordinance on federal information technology of 23 feb. 2000 [as 2000 1227].55 the amendments may be consulted under as 1993 1962.art. 37 transitional provisions 1 data files that are being processed when the dpa and this ordinance come into force must be registered with the commissioner by 30 june 1994.2 the technical and organisational measures (article 8-11, 20 and 21) must be carried out in relation to all automated processing and data files within five years of this ordinance coming into force.art. 38 commencement this ordinance comes into force on 1 july 1993.

235.13 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon data protection certification(dpco)of 28 september 2007 (status as of 1 november 2016)the swiss federal council,based on article 11 paragraph 2 of the federal act of 19 june 19921 on data protection (fadp),ordains:1 sr 235.1section 1 certification organisations art. 1 requirements 1 the organisations that carry out data protection certification in accordance with article 11 fadp (certification organisations) must be accredited. accreditation is governed by the accreditation and designation ordinance of 17 june 19962, unless the present ordinance provides otherwise.2 separate accreditation is required in each case for the certification of:a.the organisation of and procedure for data protection;b.products (hardware, software or systems for automated data processing procedures).3 the certification organisations must have established organisational regulations and an established certification procedure (checking program), in which the following in particular are regulated:a.the assessment or checking criteria and the resultant requirements that must be fulfilled by the organisations or products to be certified (assessment and/or checking scheme); andb.the details of the procedure, and in particular the course of action in the event that irregularities are detected. 4 the minimum requirements for the checking program are governed by the standards and principles applicable in accordance with annex 2 of the accreditation and designation ordinance of 17 june 1996 and in accordance with articles 4-6 hereof.5 the minimum qualification requirements for the staff that carry out certification procedures are set out in the annex.2 sr 946.512art. 2 accreditation procedure the swiss accreditation service shall consult the federal data protection and information commissioner (the commissioner) on the accreditation procedure and the follow-up inspection as well as on the suspension or the withdrawal of accreditation.art. 3 foreign certification organisations 1 the commissioner, in consultation with the swiss accreditation service, shall recognise foreign certification organisations as being qualified to carry out their activities on swiss territory provided they are able to prove that they hold an equivalent qualification to that required in switzerland.2 the certification organisations must in particular provide proof that they fulfil the requirements of article 1 paragraphs 3 and 4 and that they have adequate knowledge of swiss data protection legislation.3 the commissioner may place a time limit on recognition and make it subject to conditions or requirements. he shall withdraw recognition if essential conditions or requirements are not fulfilled.section 2 subject matter and procedure art. 4 certification of organisation and procedure 1 the following may be certified:a.any data processing procedures for which an organisation is responsible;b.individual, separately definable data processing procedures.2 the subject matter of the assessment is the data protection management system. this includes in particular:a.the data protection policy;b.the documentation on objectives and measures relating to the guarantee of data protection and data security;c.the organisational and technical measures for the achievement of the goals and measures laid down, and in particular the measures to rectify any irregularities detected.3 the commissioner shall issue guidelines on the minimum requirements for the data protection management system. in doing so, he shall take account of the internationally specified requirements relating to the construction, operation, monitoring and improvement of management systems, and as set out in particular in the following technical standards3:sn en iso 9001:2000, quality management systems, requirements;sn en iso 27001:2005, information technology, it security procedures, information security management systems, requirements.44 the exemption from the obligation to register data files in accordance with article 11a paragraph 5 letter f fadp is only applicable if all data processing procedures that apply to a data file are certified.3 the standards mentioned may be inspected and obtained at the swiss association for standardization, brglistrasse 29, 8400 winterthur, www.snv.ch.4 amended by no i of the ordinance of 30 sept. 2016, in force since 1 nov. 2016 (as 2016 3447).art. 5 certification of products 1 products may be certified if their primary purpose relates to the processing of personal data or their use results in the generation of personal data, and in particular data on the user.2 the subject matter of the assessment is in particular the guarantee inherent to the product:a.of the confidentiality, integrity, availability and authenticity of the processed personal data taking account of the purpose of the product;b.of the avoidance of the unnecessary generation, storage or other processing of personal data taking account of the purpose of the product;c.of the transparency and comprehensibility of the automated processing of personal data that results from the functionality of the product determined by the manufacturer;d.of technical measures to support the user in complying with data protection requirements and obligations under data protection law.3 the commissioner shall issue guidelines on which specific data protection criteria must as a minimum be assessed in terms of the product certification procedure.55 amended by no i of the ordinance of 12 march 2010, in force since 1 april 2010 (as 2010 949).art. 6 grant and validity of certification 1 the certificate is granted if the certification procedure based on the assessment or checking criteria applied by the certification organisation establishes that the requirements under data protection law as well as the requirements imposed by this ordinance and the guidelines issued by the commissioner (art. 4 para. 3 and 5 para. 3) or any other equivalent standards are fulfilled. certification may be made subject to conditions or requirements.2 the certification of a data protection management system is valid for three years. the certification organisation must conduct an annual summary review of whether the requirements for certification continue to be fulfilled.3 the certification of a product is valid for two years. a product must be certified again as soon as any fundamental changes are made thereto.art. 7 recognition of foreign data protection certification the commissioner in consultation with the swiss accreditation service shall recognise foreign certifications provided a guarantee is given that the requirements of the swiss legislation are fulfilled.art. 8 notification of the result of the certification procedure 1 if a certified organisation notifies the commissioner that it has successfully undergone the certification procedure in accordance with article 4 in order to be exempted under article 11a paragraph 5 letter f fadp from the obligation to register its data files, it must submit the following documents on request:a.the assessment report;b.the certification documents.2 if the certification organisation in the course of its monitoring activities detects substantial changes in conditions for certification, for example relating to the fulfilment of conditions or requirements, the certified organisation must notify the commissioner of this.3 the commissioner shall publish a list of organisations that have been certified and are relieved of the obligation to register their data files (art. 28 para. 3 of the ordinance of 14 june 19936 to the data protection act). in particular, this list provides information on the term of validity of the certification.6 sr 235.11section 3 sanctions art. 9 suspension and withdrawal of the certification 1 the certification organisation may suspend or withdraw certification, in particular if it establishes serious irregularities in the course of an inspection (art. 6 para. 2). a serious irregularity is constituted in particular where:a.essential requirements for data protection certification are no longer fulfilled; orb.a certificate is being used in a misleading or unlawful manner.2 in the event of any dispute in relation to the suspension or the withdrawal, the assessment and the procedure for the case are governed by the provisions of civil law that are applicable to the contractual relationship between the certification organisation and certified organisation.3 the certification organisation shall notify the commissioner of the suspension or the withdrawal the data protection certification provided the commissioner has been notified of certification in accordance with article 8 paragraph 1.art. 10 procedure in the case of supervisory measures by the commissioner 1 if the commissioner detects serious irregularities in the supervisory activity in accordance with article 27 or 29 fadp in the case of a certified organisation, he shall notify the certification organisation thereof.2 the certification organisation shall immediately arrange for the certified organisation to rectify the irregularity within 30 days of receipt of notification from the commissioner.3 if the certified organisation fails to rectify the irregularity within this time, the certification organisation shall suspend the certification. if there is no prospect of the lawful position being established or restored within a reasonable time, certification must be withdrawn.4 if within the period in accordance with paragraph 2, the certified organisation fails to rectify the irregularity and the certification organisation does not suspend or withdraw certification, the commissioner shall issue a recommendation in accordance with article 27 paragraph 4 or article 29 paragraph 3 fadp to the certified organisation or to the certification organisation. he may in particular recommend that the certification organisation suspend or withdraw the certification. if he issues the recommendation to the certification organisation, he must notify the swiss accreditation service.section 4 commencement art. 11 this ordinance comes into force on 1 january 2008.annex7 7 revised by no ii of the ordinance of 30 sept. 2016, in force since 1 nov. 2016 (as 2016 3447).(art. 1 para. 5)minimum qualification requirements for staff at certification organisations that conduct certification procedures 1 certification of data protection management systems the certification organisation must provide proof that its staff who certify data protection management systems when taken together hold the following qualifications:-knowledge of data protection law: proof is required of a minimum of two years' practical experience in the field of data protection or a successfully completed course of studies at a university or university of applied sciences of a minimum of one year in duration with data protection law as the main subject;-knowledge of the field of information technology security: proof is required of a minimum of two years' practical experience in the field of information technology security or a successfully completed course of studies at a university or university of applied sciences of a minimum of one year in duration with information technology security as the main subject;-training as a management systems auditor who meets the internationally specified requirements, in particular as expressed in standard sn en iso/iec 17021-18, conformity assessments, requirements for bodies that audit and certify management systems, part 1: requirements.the certification organisation must provide proof that it has qualified staff in each of the individual specialist fields. the assessment of data protection management systems by an interdisciplinary team is permitted.8 the standard mentioned may be inspected and obtained at the swiss association for standardization, brglistrasse 29, 8400 winterthur, www.snv.ch.2 certification of products the certification organisation must provide proof that its staff who certify products when taken together hold the following qualifications:-knowledge of data protection law: proof is required of a minimum of two years' practical experience in the field of data protection or a successfully completed course of studies at a university or university of applied sciences of a minimum of one year in duration with data protection law as the main subject;-knowledge of the field of information technology security: proof is required of a minimum of two years' practical experience in the field of information technology security or a successfully completed course of studies at a university or university of applied sciences of a minimum of one year in duration with information technology security as the main subject;-specialist knowledge in relation to the product testing that meet the internationally specified requirements, in particular as expressed in standard sn en iso/iec 170659, conformity assessment, requirements for bodies that certify products, processes and services.the certification organisation must provide proof that it has qualified staff in each of the individual specialist fields. product testing by an interdisciplinary team is permitted.9 the standard mentioned may be inspected and obtained at the swiss association for standardization, brglistrasse 29, 8400 winterthur, www.snv.ch.

311.0english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.swiss criminal codeof 21 december 1937 (status as of 1 january 2022)the federal assembly the swiss confederation,based on article 123 paragraphs 1 and 3 of the federal constitution1,2and having considered a federal council dispatch dated 23 july 19183,decrees:1 [bs 1 3]. the said provision now corresponds to art. 123 of the federal constitution of 18 april 1999 (sr 101).2 amended by no i of the fa of 30 sept. 2011 in force since 1 july 2012 (as 2012 2575; bbl 2010 5651 5677).3 bbl 1918 iv 1book one:4 general provisions 4 amended by no i of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).part one: felonies and misdemeanour2743s title one: scope of application 1. no penalty without a law art. 1 a penalty or measure may only be imposed for an act that has been expressly declared to be an offence by law.2. commencement of applicability of the code art. 2 1 this code applies to any person who commits a felony or misdemeanour following the date on which it comes into force.2 any person who commits a felony or misdemeanour prior to this code coming into force is only subject to its terms in the event that the penalty hereunder is less than the penalty that would otherwise apply.3. territorial scope of application felonies or misdemeanours in switzerland art. 3 1 any person who commits a felony or misdemeanour in switzerland is subject to this code.2 if the person concerned has served a sentence in full or in part for the offence in another country, the swiss court must take the sentence served into account in determining the sentence to be imposed.3 if the person concerned has been prosecuted in a foreign country at the request of the swiss authorities, then unless the offence involves a gross violation of the principles of the federal constitution or the convention from 4 november 19505 for the protection of human rights and fundamental freedoms (echr), he is not prosecuted in switzerland for the same offence if:a. the foreign court has acquitted him and the judgment has taken full legal effect;b. the penalty to which he had been sentenced in the foreign country has been served, remitted or become time-barred.4 if the person prosecuted abroad at the request of the swiss authorities has not served the sentence or has only served it in part, the whole sentence or the remainder shall be served in switzerland. the court decides whether a measure that has not been executed abroad or has only been served in part must be executed or continued in switzerland.5 sr 0.101felonies or misdemeanours against the state committed abroad art. 4 1 this code also applies to any person who commits a felony or misdemeanour against the state or its national security (art. 265-278).2 if the person concerned has been convicted of the offence and has served the sentence in full or in part in another country, the court shall take the sentence served into account in determining the sentence to be imposed.offences against minors abroad6 6 expression amended by annex no 14 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001). this amendment has been made throughout the text.art. 5 1 this code also applies to any person who is in switzerland, is not being extradited and has committed any of the following offences abroad:a.7 trafficking in human beings (art. 182), indecent assault (art. 189), rape (art. 190), sexual acts with a person incapable of proper judgment or resistance (art. 191) or encouraging prostitution (art. 195) if the victim was less than 18 years of age;abis.8 sexual acts with dependent persons (art. 188) and sexual acts with minors against payment (art. 196);b. sexual acts with children (art. 187) if the victim was less than 14 years of age;c.9 aggravated pornography (art. 197 para. 3 and 4) if the items or performances depict sexual acts with minors.2 unless the offence involves a gross violation of the principles of the federal constitution and the echr10, the person concerned is not liable to further prosecution in switzerland for the offence if:a. he has been acquitted of the offence abroad in a legally binding judgment;b. the sentence that was imposed abroad has been served, remitted, or become time-barred.3 if the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. the court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in switzerland.7 amended by art. 2 no 1 of the federal decree of 24 march 2006 on the approval and implementation of the optional protocol of 25 may 2000 to the convention on the rights of the child, on the sale of children, child prostitution and child pornography, in force since 1 dec. 2006 (as 2006 5437 5440; bbl 2005 2807).8 inserted by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).9 amended by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).10 sr 0.101offences committed abroad prosecuted in terms of an international obligation art. 6 1 any person who commits a felony or misdemeanour abroad that switzerland is obliged to prosecute in terms of an international convention is subject to this code provided:a. the act is also liable to prosecution at the place of commission or no criminal law jurisdiction applies at the place of commission; andb. the person concerned remains in switzerland and is not extradited to the foreign country.2 the court determines the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission.3 unless the offence involves a gross violation of the principles of the federal constitution and of the echr11, the person concerned is not liable to further prosecution in switzerland if:a. he has been acquitted of the offence abroad in a legally binding judgment;b. the sentence that was imposed abroad has been served, remitted, or become time-barred.4 if the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. the court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in switzerland.11 sr 0.101other offences committed abroad art. 7 1 any person who commits a felony or misdemeanour abroad where the requirements of articles 4, 5 or 6 are not fulfilled is subject to this code if:a. the offence is also liable to prosecution at the place of commission or the place of commission is not subject to criminal law jurisdiction;b. the person concerned is in switzerland or is extradited to switzerland due to the offence; andc. under swiss law extradition is permitted for the offence, but the person concerned is not being extradited.2 if the person concerned is not swiss and if the felony or misdemeanour was not committed against a swiss person, paragraph 1 is applicable only if:a. the request for extradition was refused for a reason unrelated to the nature of the offence; orb. the offender has committed a particularly serious felony that is proscribed by the international community.3 the court shall determine the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission.4 unless the offence involves a gross violation of the principles of the federal constitution and the echr12, the person concerned is not liable to further prosecution in switzerland for the offence if:a. he has been acquitted of the offence abroad in a legally binding judgment;b. the sentence that was imposed abroad has been served, remitted, or become time-barred.5 if the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. the court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in switzerland.12 sr 0.101place of commission art. 8 1 a felony or misdemeanour is considered to be committed at the place where the person concerned commits it or unlawfully omits to act, and at the place where the offence has taken effect2 an attempted offence is considered to be committed at the place where the person concerned attempted it and at the place where he intended the offence to take effect.4. personal scope of application art. 9 1 this code does not apply to persons whose offences are subject to military criminal law.2 for persons who have not attained the age of 18 at the time of the offence, the provisions of the juvenile criminal law act of 20 june 200313 (jcla) are reserved. where an offence committed before and after attaining the age of 18 must be judged, article 3 paragraph 2 jcla applies.1413 sr 311.114 amended by art. 44 no 1 of the juvenile criminal law act of 20 june 2003, in force since 1 jan. 2007 (as 2006 3545; bbl 1999 1979).title two: criminal liability 1. felonies and misdemeanours definition art. 10 1 in this code, felonies are distinguished from misdemeanours according to the severity of the penalties that the offence carries.2 felonies are offences that carry a custodial sentence of more than three years.3 misdemeanours are offences that carry a custodial sentence not exceeding three years or a monetary penalty.commission by omission art. 11 1 a felony or misdemeanour may also be committed by a failure to comply with a duty to act.2 a person fails to comply with a duty to act if he does not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to his legal position, he has a duty to do so, in particular on the basis of:a. the law;b. a contract;c. a risk-bearing community entered into voluntarily; ord. the creation of a risk.3 any person who fails to comply with a duty to act shall be liable to prosecution only if, on the basis of the elements of the offence concerned, his conduct is, in the circumstances, as culpable as it would have been had he actively committed the offence.4 the court may reduce the sentence.2. intention and negligence definitions art. 12 1 unless the law expressly provides otherwise, a person is only liable to prosecution for a felony or misdemeanour if he commits it wilfully.2 a person commits a felony or misdemeanour wilfully if he carries out the act in the knowledge of what he is doing and in accordance with his will. a person acts wilfully as soon as he regards the realisation of the act as being possible and accepts this.3 a person commits a felony or misdemeanour through negligence if he fails to consider or disregards the consequences of his conduct due to a culpable lack of care. a lack of care is culpable if the person fails to exercise the care that is incumbent on him in the circumstances and commensurate with his personal capabilities.error of fact art. 13 1 if the person concerned acts under an erroneous belief as to the circumstances, the court shall judge the act according to the circumstances as the offender believed them to be.2 if the person concerned could have avoided the error had he exercised due care, he shall be liable to prosecution for his negligent act provided the negligent commission of the act is an offence.3. lawful acts and guilt act permitted by law art. 14 any person who acts as required or permitted by the law, acts lawfully even if the act carries a penalty under this code or another act.legitimate self-defence art. 15 if any person is unlawfully attacked or threatened with imminent attack, the person attacked and any other person are entitled to ward off the attack by means that are reasonable in the circumstances.mitigatory self-defence art. 16 1 if a person in defending himself exceeds the limits of self-defence as defined in article 15 and in doing so commits an offence, the court shall reduce the sentence.2 if a person in defending himself exceeds the limits of self-defence as a result of excusable excitement or panic in reaction to the attack, he does not commit an offence.legitimate act in a situation of necessity art. 17 any person who carries out an act that carries a criminal penalty in order to save a legal interest of his own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so he safeguards interests of higher value.mitigatory act in a situation of necessity art. 18 1 any person who carries out an act that carries a criminal penalty in order to save himself or another from immediate and not otherwise avertable danger to life or limb, freedom, honour, property or other interests of high value shall receive a reduced penalty if he could reasonably have been expected to abandon the endangered interest.2 if the person concerned could not have been reasonably expected to abandon the endangered interest, he does not commit an offence.absence of legal responsibility due to a mental disorder and diminished responsibility art. 19 1 if the person concerned was unable at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, he is not liable to a penalty.2 if the person concerned was only partially able at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence.3 measures in accordance with articles 59-61, 63, 64, 67, 67b and 67e may, however, be taken.154 if it was possible for the person concerned to avoid his state of mental incapacity or diminished responsibility and had he done so to foresee the act that may be committed in that state, paragraphs 1-3 do not apply.15 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).doubt as to legal responsibility art. 20 if there are serious grounds for believing that the accused may not be legally responsible due to a mental disorder, the investigating authority or the court shall order a specialist report from an expert.error as to unlawfulness art. 21 any person who is not and cannot be aware that, by carrying out an act, he is acting unlawfully, does not commit an offence. if the error was avoidable, the court shall reduce the sentence.4. attempts criminal liability for attempts art. 22 1 if, having embarked on committing a felony or misdemeanour, the offender does not complete the criminal act or if the result required to complete the act is not or cannot be achieved, the court may reduce the penalty.2 if the offender fails to recognise through a serious lack of judgement that the act cannot under any circumstances be completed due to the nature of the objective or the means used to achieve it, no penalty is imposed.withdrawal and active repentance art. 23 1 if the person concerned of his own accord does not complete the criminal act or if he assists in preventing the completion of the act, the court may reduce the sentence or waive any penalty.2 if two or more persons carry out or participate in a criminal act, the court may reduce the sentence or waive any penalty in respect of any person concerned who, of his own accord, assists in preventing the completion of the act.3 the court may also reduce the sentence or waive any penalty in respect of a person who withdraws from carrying out or participating in a criminal act if the withdrawal of the person concerned would have prevented the completion of the act had it not remained uncompleted for other reasons.4 if one or more of the persons carrying out or participating in a criminal act makes a serious effort to prevent the completion of the act, the court may reduce the sentence or waive any penalty if an offence is committed irrespective of the efforts of that person or persons.5. participation incitement art. 24 1 any person who has wilfully incited another to commit a felony or a misdemeanour, provided the offence is committed, incurs the same penalty as applies to the person who has committed the offence.2 any person who attempts to incite someone to commit a felony incurs the penalty applicable to an attempt to commit that felony.complicity art. 25 any person who wilfully assists another to commit a felony or a misdemeanour shall be liable to a reduced penalty.participation in a special offence art. 26 if criminal liability is established or increased by a special obligation on the part of the offender, a participant shall be liable to a reduced penalty.personal circumstances art. 27 special personal conditions, characteristics and circumstances that increase, reduce or exclude criminal liability are taken into account in the case offenders or participants to which they apply.6. criminal liability of the media art. 28 1 if an offence is committed and completed through publication in a medium, then, subject to the following provisions, only the author shall be liable to prosecution.2 if the author cannot be identified or if he cannot be brought to court in switzerland, then the editor responsible in accordance with article 322bis shall be liable to prosecution. if there is no responsible editor, then the person responsible for publication in accordance with article 322bis shall be liable for prosecution.3 if the publication has taken place without the knowledge or against the will of the author, then the editor or, in his absence, the person responsible for publication shall be liable to prosecution as the offender.4 the accurate reporting of public talks and official communications from a public authority may not be made subject to prosecution.protection of sources art. 28a 1 if persons who are professionally involved in the publication of information in the editorial section of a periodical medium or their auxiliary personnel refuse to give evidence as to the identity of the author or as to the content and sources of their information, they are not liable to any penalty nor to any procedural law enforcement measures.2 paragraph 1 does not apply if the court holds that:a. the evidence is required in order to save a person from immediate danger to life or limb; orb.16 without the evidence, a case of homicide under articles 111-113 or a different felony that carries a minimum custodial sentence of three years, or an offence under articles 187, 189-191, 197 paragraph 4, 260ter, 260quinquies, 260sexies,305bis, 305ter or 322ter-322septies of this code or under article 19 paragraph 2 of the narcotics act of 3 october 195117 will not be solved or the persons suspected of committing the said offence may not be apprehended.16 amended by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).17 sr 812.1217. agency relationships art. 29 a special obligation, the violation of which establishes or increases criminal liability, and which is incumbent only on the legal entity, the company or the sole proprietorship18, is attributed to a natural person, if that person acts:a. as a governing officer or as a member of a governing officer of a legal entity;b. as a partner;c. as an employee with independent decision-making authority in his field of activity within a legal entity, a company or a sole proprietorship19; ord. without being a governing officer, member of a governing officer, partner or employee, as the de facto manager.18 footnote relevant to german text only.19 footnote relevant to german text only.8. criminal complaint right to file a complaint art. 30 1 if an act shall be liable to prosecution only if a complaint is filed, any person who suffers harm due to the act may request that the person responsible be prosecuted.2 if the person suffering harm does not have the legal capacity to act, his legal representative is entitled to file a complaint. if he is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint.203 if the person suffering harm is a minor or if he is subject to a general deputyship, he is entitled to file a complaint if he is capable of judgement.214 if the person suffering harm dies without filing the criminal complaint or without expressly waiving his right to file the criminal complaint, his next of kin are entitled to file the complaint.5 if an entitled person expressly waives his right to file a complaint, his waiver is final.20 second sentence amended by annex no 14 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).21 amended by annex no 14 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).time limit for filing a complaint art. 31 the right to file a complaint expires after three months. the period begins on the day that the person entitled to file a complaint discovers the identity of suspect.indivisibility art. 32 if an entitled person files a complaint against one person who participated in the act, all the participants become liable to prosecution.withdrawal of a complaint art. 33 1 the person entitled to file a complaint may withdraw the complaint at any time before notice is given of the judgment of the second cantonal instance.2 any person who has withdrawn his complaint may not file it again.3 if the entitled person withdraws his complaint against one suspect, the withdrawal applies to all suspects.4 if a suspect objects to the withdrawal of the complaint against him, the withdrawal does not apply to him.title three: sentences and measures chapter one: sentences section one: monetary penalties and custodial sentences22 22 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).1. monetary penalty assessment art. 34 1 unless the law provides otherwise, a monetary penalty amounts to a minimum of three and a maximum of 180 daily penalty units.23 the court decides on the number according to the culpability of the offender.2 a daily penalty unit normally amounts to a minimum of 30 and a maximum of 3000 francs. by way of exception, if the offender's personal or financial circumstances so require, the value of the daily penalty unit may be reduced to 10 francs. the court decides on the value of the daily penalty unit according to the personal and financial circumstances of the offender at the time of conviction, and in particular according to his income and capital, living expenses, any maintenance or support obligations and the minimum subsistence level.243 the authorities of the confederation, the cantons and the communes shall provide the information required to determine the daily penalty unit.4 the number and value of the daily penalty units must be stated in the judgment.23 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).24 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).execution art. 35 1 the executive authority shall specify that the offender make payment within a period of between one and six months.25 it may stipulate payment by instalments and on request may extend the period allowed.2 if there is justified suspicion that the offender will fail to pay the monetary penalty, the executive authority may request immediate payment or the provision of security.3 if the offender fails to pay the monetary penalty within the specified period, the executive authority shall instruct the debt collection proceedings provided their success is expected.25 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).alternative custodial sentence art. 36 1 in the event that the offender fails to pay the monetary penalty and it is not recoverable through debt collection procedures (art. 35 para. 3), the offender shall serve a custodial sentence as the alternative to the monetary penalty. a daily penalty unit corresponds to one day in custody. the retrospective payment of the monetary penalty leads to a corresponding reduction in the alternative custodial sentence.2 if the monetary penalty has been imposed by an administrative authority, the court decides on the alternative custodial sentence.3-5 .2626 repealed by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).2. . art. 37-3927 27 repealed by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).3. custodial sentence term art. 4028 1 the minimum term of a custodial sentence is three days; a shorter custodial sentence in lieu of an unpaid monetary penalty (art. 36) or fine (art. 106) is reserved.2 the maximum term of a custodial sentence is 20 years. where the law expressly provides, the custodial sentence is for life28 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).custodial sentence instead of a monetary penalty art. 4129 1 the court may impose a custodial sentence instead of a monetary penalty if:a. a custodial sentence appears appropriate in order to prevent the offender from committing further felonies or misdemeanours; orb. it is anticipated that it will not be possible to enforce a monetary penalty.2 the court must explain why it has decided to impose a custodial sentence.3 the right is reserved to impose a custodial sentence instead of an unpaid monetary penalty (art. 36).29 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).section two: suspended and partially suspended sentences 1. suspended sentences art. 42 1 the court shall normally suspend the execution of a monetary penalty or a custodial sentence of no more than two years unless an unsuspended sentence appears to be necessary in order to prevent the offender from committing further felonies or misdemeanours.302 if the offender received a suspended or unsuspended custodial sentence of more than six months within the five years prior to the offence, the sentence may only be suspended where the circumstances are especially favourable.313 the suspension of the execution of a sentence may also be refused if the offender has failed to make a reasonable effort to compensate for any loss or damage he may have caused.4 a suspended sentence may be combined with a fine in accordance with article 106.3230 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).31 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).32 amended by no i of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).2. partially suspended custodial sentences33 33 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).art. 43 1 the court may partially suspend the execution of a custodial sentence of at least one year and no more than three years if this is necessary in order to take sufficient account of the culpability of the offender.342 the part of the sentence that must be executed immediately may not exceed one half of the sentence.3 both the suspended and the unsuspended part must amount to at least six months.35 the provisions on the granting of parole (art. 86) do not apply to the unsuspended part of the sentence.34 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).35 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).3. general provisions probationary period art. 44 1 if the court suspends the execution of a sentence in full or in part, it shall make the offender subject to a probationary period of from two to five years.2 the court may order probation assistance and impose conduct orders for the duration of the probationary period.3 the court shall explain the importance and the consequences of the suspended and partially suspended sentence to the offender.successful completion of probation art. 45 if the offender is of good conduct until the expiry of the probationary period, the postponed sentence is not executed.breach of probation art. 46 1 if the offender commits a felony or misdemeanour during the probationary period and if it therefore must be expected that he will commit further offences, the court shall revoke the suspended sentence or the suspended part of the sentence. if the revoked sentence and the new sentence are of the same type, they shall form a cumulative sentence in analogous application of article 49.362 if it is not expected that the offender will commit further offences, the court shall not revoke the suspended sentence. it may admonish the offender or extend the probationary period by up to one half of the duration specified in the judgment. the court may order probation assistance and impose conduct orders for the duration of the extended probationary period. if the extension begins after the expiry of the probationary period, the extended period begins on the day that it is ordered.3 the court that judges the new felony or misdemeanour also decides on revocation.4 if the offender fails to attend for probation assistance or disregards the conduct orders, article 95 paragraphs 3-5 apply.5 revocation may no longer be ordered if three years have elapsed since the expiry of the probationary period.36 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).section three: determination of the sentence 1. principle art. 47 1 the court determines the sentence according to the culpability of the offender. it takes account of the previous conduct and the personal circumstances of the offender as well as the effect that the sentence will have on his life.2 culpability is assessed according to the seriousness of the damage or danger to the legal interest concerned, the reprehensibility of the conduct, the offender's motives and aims, and the extent to which the offender, in view of the personal and external circumstances, could have avoided causing the danger or damage.2. mitigation of the sentence grounds art. 48 the court shall reduce the sentence if:a. the offender acted:1. for honourable motives,2. while in serious distress,3. while of the view that he was under serious threat,4. at the behest of a person whom he was duty bound to obey or on whom he was dependent;b. the offender was seriously provoked by the conduct of the person suffering injury;c. the offender acted in a state of extreme emotion that was excusable in the circumstances or while under serious psychological stress;d. the offender has shown genuine remorse, and in particular has made reparation for the injury, damage or loss caused, insofar as this may reasonably be expected of him;e. the need for punishment has been substantially reduced due to the time that has elapsed since the offence and the offender has been of good conduct in this period.effect art. 48a 1 if the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries.2 the court may impose a different form of penalty from that which the offence carries, but remains bound by the statutory maximum and minimum levels for that form of penalty.3. concurrent sentencing art. 49 1 if the offender, by committing one or more offences, has fulfilled the requirements for two or more penalties of the same form, the court shall impose the sentence for the most serious offence at an appropriately increased level. it may not, however, increase the maximum level of the sentence by more than half, and it is bound by the statutory maximum for that form of penalty.2 if the court must pass sentence on an offence that the offender committed before he was sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than he would have been had the sentences been imposed at the same time.3 if the offender committed one or more offences before reaching the age of 18, the court shall determine the cumulative sentence in accordance with paragraphs 1 and 2 such that it is not more severe than it would have been had sentences been imposed separately.4. obligation to justify art. 50 where a judgment must be justified, the court shall also specify the circumstances taken into account in determining the sentence and their weighting.5. taking account of time spend on remand art. 51 when determining the sentence, the court shall take account of any time spent on remand that the offender has served in respect of the proceedings in question or any other proceedings. one day in detention corresponds to one daily penalty unit of a monetary penalty.3737 second sentence amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).section four: exemption from punishment and the suspension and abandonment of proceedings38 38 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).1. grounds for exemption from punishment no need for a penalty39 39 amended by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).art. 52 the competent authority shall refrain from prosecuting the offender, bringing him to court or punishing him if the level of culpability and consequences of the offence are negligible.reparation art. 5340 if the offender has made reparation for the loss, damage or injury or made every reasonable effort to right the wrong that he has caused, the competent authority shall refrain from prosecuting him, bringing him to court or punishing him if:a. a suspended custodial sentence not exceeding one year, a suspended monetary penalty or a fine are suitable as a penalty;b. the interest in prosecution of the general public and of the persons harmed are negligible; andc. the offender has admitted the offence.40 amended by no i 1 of the fa of 14 dec. 2018 on the amendment of reparation arrangements, in force since 1 july 2019 (as 2019 1809; bbl 2018 3757 4925).effect on the offender of his act art. 54 if the offender is so seriously affected by the immediate consequences of his act that a penalty would be inappropriate, the responsible authorities shall refrain from prosecuting him, bringing him to court or punishing him.2. general provisions art. 55 1 the court shall refrain from revoking a suspended sentence and in the case of the parole from a recall if the requirements for an exemption from punishment are met.2 the cantons designate the bodies responsible for the administration of criminal justice as the competent authorities under articles 52, 53 and 54.3. suspension and abandonment of proceedings. spouse, registered partner or life partner as victim41 41 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).art. 55a42 1 in a case of common assault (art. 123 no 2 para. 3-5), repeated acts of aggression (art. 126 para. 2 let. b, bbis and c), threatening behaviour (art. 180 para. 2) and coercion (art. 181), the public prosecutor or the court may suspend the proceedings if:43a.44 the victim:1. is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or2. is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or3. is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; andb.45 the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done; andc.46 suspension appears appropriate in order to stabilise or improve the victim's situation.2 the public prosecutor or the court may during the period of suspension require the accused to attend a course on violence prevention. the public prosecutor or the court shall notify the authority or organisation competent under cantonal law for matters relating to domestic violence about the measures taken.473 suspension is not permitted if:a. the accused has been convicted of a felony or misdemeanour against life and limb, against liberty, or against sexual integrity;b. he or she has received a sentence or been made subject to a measure; andc. the victim of the offence is a person listed in paragraph 1 letter a.484 suspension is limited to six months. the public prosecutor or the court shall resume the proceedings if the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done or it transpires that the suspension has neither stabilised nor improved the victim's situation.495 before the suspension ends, the public prosecutor or the court shall conduct an assessment. if the victim's situation has stabilised or improved, it shall order the abandonment of the proceedings.5042 inserted by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).43 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).44 amended by art. 37 no 1 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288). 45 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).46 inserted by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).47 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).48 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).49 amended by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).50 inserted by no i 3 of the fa of 14 dec. 2018 on improved protection for victims of violence, in force since 1 july 2020 (as 2019 2273; bbl 2017 7307).chapter two: measures section one: therapeutic measures and indefinite incarceration 1. principles art. 56 1 a measure is ordered if:a. a penalty alone is not sufficient to counter the risk of further offending by the offender;b. the offender requires treatment or treatment is required in the interest of public safety; andc. the requirements of articles 59-61, 63 or 64 are fulfilled.2 the ordering of a measure requires that the related intervention in the personal rights of the offender is not unreasonable in view of the probability and seriousness of additional offences.3 in ordering a measure under articles 59-61, 63 and 64 and in modifying the sanction in accordance with article 65, the court shall base its decision on an expert assessment. this shall provide an opinion on:a. the necessity and the prospects of success of any treatment of the offender;b. the nature and the probability of possible additional offences; andc. the ways in which the measure may be implemented.4 if the offender has committed an offence in terms of article 64 paragraph 1, the assessment must be conducted by an expert who has neither treated the offender before nor been responsible in any other way for his care.4bis if consideration is given to ordering lifelong incarceration in accordance with article 64 paragraph 1bis, the court shall base its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for his care.515 normally the court only orders a measure if a suitable institution is available.6 where the requirements for a measure are no longer fulfilled, it is revoked.51 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).concurrent measures art. 56a 1 if two or more measures are equally suitable but only one is necessary, the court shall order the measure that is more convenient for the offender.2 if two or more measures are necessary, the court may order these concurrently.relationship between measures and penalties art. 57 1 if the requirements for both a penalty and a measure are fulfilled, the court shall order both sanctions.2 the implementation of a measure under articles 59-61 takes precedence over a custodial sentence that is imposed at the same time or which is executed through revocation of a suspended sentence or recall to custody. likewise, the reactivation of the execution of a measure in accordance with article 62a takes precedence over a cumulative sentence imposed at the same time.3 the deprivation of liberty associated with the measure must be taken into account in determining the penalty.implementation art. 58 1 .522 the therapeutic institutions in terms of articles 59-61 must be managed separately from penal institutions.52 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).2. in-patient therapeutic measures treatment of mental disorders art. 59 1 if the offender is suffering from a serious mental disorder, the court may order in-patient treatment if:a. the offender's mental disorder was a factor in a felony or misdemeanour that he committed; andb. it is expected that the measure will reduce the risk of further offences being committed in which his mental disorder is a factor.2 the in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution.3 if there is a risk of the offender absconding or committing further offences, he shall be treated in a secure institution. he may also be treated in a penal institution in accordance with article 76 paragraph 2, provided it is guaranteed that the required therapeutic treatment can be provided by specialist staff.534 the deprivation of liberty associated with in-patient treatment normally amounts to a maximum of five years. if the requirements for parole have not yet been fulfilled after five years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which his mental disorder is a factor, the court may at the request of the executive authority order the extension of the measure for a maximum of five years in any case.53 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).treatment of addiction art. 60 1 if the offender is dependent on addictive substances or in any other way dependent, the court may order in-patient treatment if:a. the offender's dependence was a factor in the felony or misdemeanour that he committed; andb. it is expected that treatment will reduce the risk of further offences being committed in which his dependence is a factor.2 the court shall take account of the offender's request for and readiness to undergo treatment.3 the treatment is carried out in a specialised institution or, if necessary, in a psychiatric hospital. it must be adjusted to the special needs of the offender and the state of his health.4 the deprivation of liberty associated with in-patient treatment shall normally amount to a maximum of three years. if the requirements for parole have not yet been fulfilled after three years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which his dependence is a factor, the court may at the request of the executive authority on one occasion only order the extension of the measure for a maximum of one further year. in the event of an extension and the recall to custody following parole, the deprivation of liberty associated with the measure may not exceed a maximum of six years.measures for young adults art. 61 1 if the offender was under 25 years of age at the time of the offence and if he is suffering from a serious developmental disorder, the court may commit him to an institution for young adults if:a. the offender's developmental disorder was a factor in the felony or misdemeanour that he committed; andb. it is expected that the measure will reduce the risk of further offences being committed in which his developmental disorder is a factor.2 institutions for young adults must be managed separately from other institutions and facilities under this code.3 the offender should be taught the skills needed to live independently and without further offending. in particular, he should be encouraged to undergo basic and advanced vocational and professional training.4 the deprivation of liberty associated with the measure amounts to a maximum of four years. in the event of the recall to custody following release on parole, it may not exceed a maximum of six years. the measure must be revoked when the offender reaches the age of 30.5 if the offender was convicted of an offence committed before he was 18 years of age, the measure may be implemented in an institution for minors.parole art. 62 1 the offender is released on parole from undergoing an in-patient measure as soon as his condition justifies his being given the liberty to prove himself.2 in the case of release on parole from a measure under article 59, the probationary period amounts to one to five years, and in the case of release on parole from a measure under articles 60 and 61, from one to three years.3 the person released on parole may be required to undergo out-patient treatment during the probationary period. the executive authority may order probation assistance and issue conduct orders for the duration the probationary period.4 if on expiry of the probationary period, a continuation of the out-patient treatment, the probation assistance or the conduct orders is considered necessary in order to reduce the risk of further felonies and misdemeanours being committed that are associated with the condition of the person released on parole, the court may at the request of the executive authority extend the probationary period as follows:a. by one to five years in the case of release on parole from a measure in accordance with article 59;b. by one to three years in the case of release on parole from a measure under articles 60 and 61.5 the probationary period following release on parole from a measure under articles 60 and 61 may not exceed six years.6 if the offender has committed an offence in terms of article 64 paragraph 1, the probationary period may be extended as often as is considered necessary to prevent further such offences being committed.breach of probation art. 62a 1 if a person released on parole commits an offence during the probationary period and thus demonstrates that the risk that the measure was intended to reduce is still present, the court assessing the new offence may, after consulting the executive authority:a. order his recall to custody;b. revoke the measure and, provided the relevant requirements are fulfilled, order a new measure; orc. revoke the measure and, provided the relevant requirements are fulfilled, order the execution of a custodial sentence.2 if as a result of the new offence the requirements for an unsuspended custodial sentence are fulfilled and if this sentence runs concurrently with a custodial sentence that has been suspended to give precedence to the measure, the court shall impose a cumulative sentence in application of article 49.3 if as a result of the conduct of the person released on parole during the probationary period there is a serious expectation that he could commit an offence in terms of article 64 paragraph 1, the court that ordered the measure may, at the request of the executive authority, order a recall to custody.4 for a measure under article 59, the recall to custody is for a maximum period of five years, and for measures under articles 60 and 61 for a maximum period of two years.5 if the court decides against a recall to custody or a new measure, it may:a. admonish the person released on parole;b. order out-patient treatment or probation assistance;c. impose conduct orders on the person released on parole; andd. extend the probationary period by from one to five years in the case of a measure under article 59, and by from one to three years in the case of a measure under articles 60 and 61.6 if the person released on parole fails to comply with the terms of probation assistance or disregards the conduct orders, article 95 paragraphs 3-5 applies.final release art. 62b 1 if the person released on parole successfully completes the probationary period, he is granted final release.2 the offender is granted final release if the maximum duration of a measure under articles 60 and 61 is reached and the requirements for the parole apply.3 if deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is not executed.termination of a measure art. 62c 1 a measure is terminated, if:a. its implementation or continuation appears to have no prospect of success; b. the maximum duration under articles 60 and 61 has been reached and the requirements for the parole do not apply; orc. a suitable institution does not exist or no longer exists.2 if the deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is executed. if the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.3 instead of ordering the execution of the sentence, the court may order another measure if it is to be expected that such a measure will reduce the risk of the offender committing further felonies and misdemeanours in which his condition is a factor.4 if there is a serious expectation that if a measure ordered in respect of an offence in terms of article 64 paragraph 1 is terminated, the offender will commit further such offences, the court may at the request of the executive authority order his indefinite incarceration.5 if the competent authority regards an adult protection measure to be appropriate on the termination of the measure, it shall inform the adult protection authority of this.546 furthermore, the court may terminate an in-patient therapeutic measure before or during its implementation and order another in-patient therapeutic measure in its place if it is expected that the new measure has a significantly better chance of reducing the risk of the offender committing further felonies and misdemeanours in which his condition is a factor.54 amended by annex no 14 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).consideration of release and the termination of measures art. 62d 1 the competent authority shall on request or ex officio consider whether and when the offender should be released on parole from the implementation of the measure or whether the measure should be terminated. it makes a decision on such matters at least once each year. it shall first grant a hearing to the offender and obtain a report from the governing body of the relevant institution.2 if the offender committed an offence in terms of article 64 paragraph 1, the competent authority shall reach its decision on the basis of the expert opinion of an independent specialist and after hearing a committee comprising representatives of the prosecution services, the execution authorities and one or more psychiatrists. the specialists and psychiatrists concerned must not be those responsible for the treatment or care of the offender.3. out-patient treatment requirements and implementation art. 63 1 if the offender is suffering from a serious mental disorder or if he is dependent on addictive substances or in any other way, the court may order that he receive out-patient rather than in-patient treatment if:a. the offender commits an offence in which his condition is a factor; andb. it is expected that the measure will reduce the risk of further offences being committed in which his condition is a factor.2 the court may defer the execution of an unsuspended custodial sentence imposed at the same time, a suspended custodial sentence due for execution following revocation of suspension and the remainder of a sentence due for execution following a recall to custody to give precedence to out-patient treatment in order to take account of the form of the treatment. it may order probation assistance and issue conduct orders for the duration the treatment.3 the competent authority may order the offender to be treated temporarily as an in-patient if this is required in order to initiate the out-patient treatment. the period of in-patient treatment may not exceed two months.4 the period of out-patient treatment may not normally exceed five years. if the continuation of the out-patient treatment is considered necessary at the end of the five-year period in order to reduce the risk of further felonies and misdemeanours in which a mental disorder is a factor, the court may at the request of the executive authority continue the treatment for a further period of from one to five years.termination of the measure art. 63a 1 the competent authority shall assess at least once each year whether the out-patient treatment should be continued or terminated. it shall first grant a hearing to the offender and obtain a report from the therapists.2 the out-patient treatment is terminated by the competent authority if:a. it has been successfully completed;b. its continuation appears to have no prospect of success; orc. the statutory maximum duration for the treatment of an alcohol, drug or therapeutic product dependent person has been reached.3 if the offender commits a further offence during the out-patient treatment and thus demonstrates that this form of treatment will probably be unsuccessful in averting the risk offences being committed in which the condition of the offender is a factor, the unsuccessful treatment shall be terminated by order of the court assessing the new offence.4 if the offender fails to comply with the conditions of probation assistance or if he disregards the conduct orders, article 95 paragraphs 3-5 applies.execution of the suspended custodial sentence art. 63b 1 if the out-patient treatment has been successfully completed, the suspended custodial sentence is not executed.2 if out-patient treatment is terminated due to there being no prospect of success (art. 63a para. 2 let. b), the statutory maximum duration being reached (art. 63a para. 2 let. c) or its being unsuccessful (art. 63a para. 3), the suspended custodial sentence is executed.3 if out-patient treatment conducted while the offender is at liberty is considered a risk to third parties, the suspended custodial sentence is executed and the out-patient treatment continued while the custodial sentence is being served.4 the court decides on the extent to which the deprivation of liberty associated with the out-patient treatment is taken into account in determining the custodial sentence. if the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.5 instead of the execution of the sentence the court may order an in-patient therapeutic measure under articles 59-61 if it is to be expected that this will reduce the risk of the offender committing further felonies or misdemeanours in which his condition is a factor.4. indefinite incarceration requirements and execution art. 64 1 the court shall order indefinite incarceration if the offender has committed murder, intentional homicide, serious assault, rape, robbery, hostage taking, arson, endangering life or another offence that carries a maximum sentence of five or more years by which he has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if:55a. due to the personality traits of the offender, the circumstances of the offence and his general personal circumstances, it is seriously expected that he will commit further offences of the same type; orb. due to a permanent or long-term mental disorder of considerable gravity that was a factor in the offence, it is seriously expected that the offender will commit further offences of the same type and the ordering of a measure in accordance with article 59 does not promise any success.1bis the court shall order lifelong incarceration if the offender has committed murder, intentional homicide, serious assault, robbery, rape, indecent assault, false imprisonment or abduction, hostage-taking, enforced disappearance of persons, trafficking in human beings, genocide, or a felony under the heading of crimes against humanity or war crimes (title twelve) and if the following requirements are met:56a. the offender, by committing the offence, caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person.b. there is a high probability that the offender will commit one of these felonies again.c. the offender is assessed as being permanently untreatable, as the treatment offers no long-term prospect of success.572 the execution of the custodial sentence takes priority over indefinite incarceration. the provisions on parole in relation to the custodial sentence (art. 86-88) do not apply.583 if during the execution of the custodial sentence, it is expected that the offender will prove to be of good behaviour when at liberty, the court shall order parole from the custodial sentence at the earliest from the time when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence. the court that ordered indefinite incarceration is responsible for the decision on parole. in addition, article 64a applies.594 indefinite incarceration is executed in a therapeutic institution or in a penal institution in accordance with article 76 paragraph 2. public safety must be guaranteed. the offender receives psychiatric care if this is necessary.55 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).56 amended by annex 2 no 1 of the federal decree of 18 dec. 2015 on the approval and implementation of the international convention for the protection of all persons from enforced disappearance, in force since 1 jan. 2017 (as 2016 4687; bbl 2014 453).57 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).58 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).59 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).revocation and release art. 64a 1 the offender is released on parole from indefinite incarceration in accordance with article 64 paragraph 1 as soon as it is expected that he will be of good behaviour when at liberty.60 the probationary period amounts to two to five years. for the duration of the probationary period, probation assistance may be ordered and conduct orders may be imposed.2 if on expiry of the probationary period a continuation of the probation assistance or the conduct orders is considered to be necessary in order to reduce the risk of further offences in terms of article 64 paragraph 1, the court may at the request of the executive authority extend the probationary period by a further two to five years.3 if due to his conduct during the probationary period, it is seriously expected that the offender may commit further offences in terms of article 64 paragraph 1, the court at the request of the executive authority shall order his recall to custody.4 if the offender when released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, article 95 paragraphs 3-5 applies.5 if the offender when released on parole is of good behaviour until the expiry of the probationary period, he is granted final release.60 amended by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).consideration of release art. 64b61 1 the competent authority shall consider on request or ex officio:a. at least once annually, and for the first time after two years have lapsed, whether and when the offender may be released on parole from indefinite incarceration (art. 64a para. 1); b. at least every two years, and for the first time before indefinite incarceration takes effect, whether the requirements for an in-patient therapeutic treatment have been fulfilled and whether a related application should therefore be made to the competent court (art. 65 para. 1).2 the competent authority makes its decisions in terms of paragraph 1 based on: a. a report from the institution board; b. an independent specialist assessment in terms of article 56 paragraph 4;c. its hearing of a committee in accordance with article 62d paragraph 2;d. its hearing of the offender.61 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).consideration of release from lifelong incarceration and parole art. 64c62 1 in cases of lifelong incarceration under article 64 paragraph 1bis the competent authority shall consider ex officio or on application whether there are any new scientific findings that lead to the expectation that the offender can be treated so that he will no longer pose a risk to the public. it decides on the basis of a report from the federal commission for the assessment of the treatability of offenders subject to lifelong incarceration.2 if the competent authority concludes that the offender can be treated, it shall offer him the option of treatment. treatment is carried out in a secure institution. until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply.3 if the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that he no longer poses a risk to the public, the court shall revoke the order imposing lifelong incarceration and order an in-patient therapeutic measure in accordance with articles 59-61 in a secure institution.4 the court may grant the offender parole from lifelong incarceration if he no longer poses a risk to the public due to old age, serious illness or on other grounds. parole is governed by article 64a.5 the court that ordered lifelong incarceration is responsible for deciding whether parole should be granted. it bases its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for his care.6 paragraphs 1 and 2 also apply during the execution of the custodial sentence that precedes lifelong incarceration. lifelong incarceration shall be revoked in accordance with paragraph 3 at the earliest when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence.62 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).5. modification of the sanction art. 65 1 if an offender fulfils the requirements for an in-patient therapeutic measure in terms of articles 59-61 before or during the execution of a custodial sentence or of indefinite incarceration in accordance with article 64 paragraph 1, the court may order this measure retrospectively.63 the competent court is the court that imposed the sentence or ordered indefinite incarceration. the execution of any remainder of the sentence is deferred.2 if during the execution of the custodial sentence, new information or evidence comes to light to the effect that the requirements for indefinite incarceration are fulfilled and already applied at the time of conviction although the court could not have had knowledge of this, the court may order indefinite incarceration retrospectively. jurisdiction and procedure are determined by the rules that apply to re-opening a case.6463 amended by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).64 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).section two: other measures 1. good behaviour bond art. 66 1 if there is the risk that a person will commit a felony or misdemeanour that he has threatened to commit, or if a person convicted of a felony or of a misdemeanour indicates the clear intention to repeat the offence, the court may, at the request of the person threatened, obtain a promise from the offender that he will not commit the offence and require him to deposit appropriate security therefor.2 if he refuses to make the promise, or fails to deposit the security within the specified period, the court may require him to make the promise or deposit the security by imposing a period of detention for security reasons. the period of detention for security reasons may not be for more than two months. it is executed in the same way as a short custodial sentence (art. 7965).3 if the offender commits the felony or the misdemeanour within two years of depositing the security, the security is forfeited to the state. if no offence is committed, the security is returned.65 this art. has been repealed (as 2016 1249; bbl 2012 4721).1a. expulsion. a. mandatory expulsion art. 66a66 1 the court shall expel foreign nationals from switzerland for a period of 5-15 years if they are convicted of any of the following offences, irrespective of the sentence imposed:a. intentional homicide (art. 111), murder (art. 112), manslaughter (art. 113), inciting and assisting suicide (art. 115), illegal abortion (art. 118 para. 1 and 2);b. serious assault (art. 122), female genital mutilation (art. 124 para. 1), abandonment (art. 127), endangering life (art. 129), attack (art. 134); c. aggravated misappropriation (art. 138 para. 2), aggravated theft (art. 139 para. 2 and 3), robbery (art. 140), fraud for commercial gain (art. 146 para. 2), computer fraud for commercial gain (art. 147 para. 2), misuse of a cheque card or credit card for commercial gain (art. 148 para. 2), aggravated extortion (art. 156 para. 2-4), profiteering for commercial gain (art. 157 para. 2), handling stolen goods for commercial gain (art. 160 para. 2);d. theft (art. 139) in conjunction with unlawful entry (art. 186);e. fraud (art. 146 para. 1) related to social insurance or social assistance, unlawful claims for social insurance or social assistance benefits (art. 148a para. 1);f. fraud (art. 146 para. 1), fraud in relation to administrative services and charges (art. 14 para. 1, 2 and 4 of the federal act of 22 march 197467 on administrative criminal law) or tax fraud, misappropriation of taxes deducted at source or any other offence related to public charges that carries a maximum penalty of a one-year custodial sentence or more;g. forced marriage, forced registered partnership (art. 181a), trafficking in human beings (art. 182), false imprisonment and abduction (art. 183), aggravated false imprisonment and abduction (art. 184), hostage taking (art. 185); h.68 sexual acts with children (art. 187 para. 1), indecent assault (art. 189), rape (art. 190), sexual acts with persons incapable of judgement or resistance (art. 191), encouraging prostitution (art. 195), pornography (art. 197 para. 4 second sentence); i. arson (art. 221 para. 1 and 2), wilfully causing an explosion (art. 223 para. 1 no 1), misuse of explosives and toxic gases with criminal intent (art. 224 para. 1), wilfully causing danger without criminal intent (art. 225 para. 1), manufacture, concealment and transport of explosives and toxic gases (art. 226), causing danger by means of nuclear energy, radioactivity and ionising radiation (art. 226bis), preparatory offences (art. 226ter), wilfully causing a flood or collapse (art. 227 para. 1 no 1), criminal damage to electrical installations, and hydraulic or protective structures (art. 228 para. 1 no 1);j. wilfully causing danger by means of genetically modified or pathogenic organisms (art. 230bis para. 1), wilful transmission of human diseases (art. 231 para. 1), wilful contamination of drinking water (art. 234 para. 1);k. aggravated disruption of public traffic (art. 237 para. 1 no 2), wilful disruption of rail traffic (art. 238 para. 1);l.69 acts preparatory to the commission of an offence (art. 260bis para. 1 and 3), participation in or support for a criminal or terrorist organisation (art. 260ter), endangering public safety with weapons (art. 260quater), financing terrorism (art. 260quinquies) or recruiting, training and travelling with a view to committing a terrorist offence (art. 260sexies);m. genocide (art. 264), felonies against humanity (art. 264a), serious violations of the geneva conventions of 12 august 194970 (art. 264c), other war crimes (art. 264d-264h);n. wilful violations of article 116 paragraph 3 or article 118 paragraph 3 of the foreign nationals act of 16 december 200571;o. violation of article 19 paragraph 2 or 20 paragraph 2 of the narcotics act of 3 october 195172 (narca);p.73 violation of article 74 paragraph 4 of the intelligence service act of 25 september 201574 (intelsa).2 the court may by way of exception refrain from ordering expulsion if it would cause serious personal hardship to the foreign national concerned and the public interest in expulsion does not outweigh the private interest of the foreign national in remaining in switzerland. in such cases, account must be taken of the special position of foreign nationals who were born or have grown up in switzerland.3 the court may also refrain from ordering expulsion if the offence was committed in justifiable self-defence (art. 16 para. 1) or in a justifiable situation of necessity (art. 18 para. 1).66 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).67 sr 313.068 the correction by the federal assembly drafting committee dated 28 nov. 2017, published on 12 dec. 2017 relates only to the french text (as 2017 7257).69 amended by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).70 sr 0.518.12, 0.518.23, 0.518.42, 0.518.5171 sr 142.2072 sr 812.12173 inserted by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).74 sr 121b. non-mandatory expulsion art. 66abis75 the court may expel a foreign national from switzerland for 3-15 years if he is convicted and sentenced or made subject to a measure under articles 59-61 or 64 for a felony or misdemeanour that is not listed in article 66a.75 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).c. common provisions. repeat offence art. 66b76 1 any person who has been made subject to an expulsion order who commits a further offence that meets the requirements for expulsion under article 66a shall be expelled again for 20 years.2 lifelong expulsion may be ordered if the offender commits the new offence while the previous expulsion order is still in effect.76 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).d. time of enforcement art. 66c77 1 the expulsion order applies from the date on which the judgment becomes legally enforceable.2 before enforcing the expulsion order, any unsuspended sentences or parts thereof and any custodial measures must be executed.3 the expulsion order is enforced as soon as the offender is conditionally or finally released from the execution of criminal penalties or measures or the custodial measure is revoked, provided that the remainder of sentence need not be executed and no other such measure has been ordered.4 if a person subject to an expulsion order is transferred to his home country for the execution of criminal penalties or measures, the expulsion order applies on such transfer.5 the duration of expulsion is calculated from the day on which the offender leaves switzerland.77 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).e. deferring enforcement of mandatory expulsion art. 66d78 1 the enforcement of a mandatory expulsion order under article 66a may only be deferred if:79a. the person concerned is recognised by switzerland as a refugee and, if expelled, his life or his freedom would be endangered due to his race, religion, nationality, affiliation to a specific social group or his political views; the foregoing does not apply to a refugee who may not invoke the ban on refoulement under article 5 paragraph 2 of the asylum act of 26 june 199880;b. expulsion would violate other mandatory provisions of international law.2 in reaching its decision, the competent cantonal authority must assume that expulsion to a state deemed safe by the federal council in accordance with article 6a paragraph 2 of the asylum act of 26 june 1998 does not violate article 25 paragraphs 2 and 3 of the federal constitution.78 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).79 the correction of 21 june 2017, published on 11 july 2017 relates to the french text only (as 2017 3695).80 sr 142.312. prohibition from carrying on an activity, contact prohibition and exclusion order a. prohibition from carrying on an activity, requirements art. 6781 1 if a person has committed a felony or misdemeanour while carrying on a professional activity or an organised non-professional activity, and has as a result received a custodial sentence in excess of six months, and if there is a risk that he will abuse his activity in order to commit a further felony or misdemeanour, the court may prohibit him totally or partially from carrying on this activity or comparable activities for a period of six months to five years.822 if a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in carrying on a professional activity or an organised non-professional activity that involves regular contact with any minors or with other especially vulnerable persons he will commit further offences of this nature, the court may prohibit him from carrying on the activity concerned for one to ten years.2bis the court may impose a lifelong prohibition order under paragraph 2 if is anticipated that the offender will still represent a danger after the period of ten years. at the request of the executive authority, it may extend a prohibition order that is limited in time in terms of paragraph 2 by a maximum of five years on any one occasion if this is deemed necessary to prevent the offender from committing further felonies and misdemeanours of the type that led to the prohibition order.83 3 if a person receives a sentence or is made subject to a measure under articles 59-61, 63 or 64 for any of the following offences, the court shall prohibit him for the rest of his life from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors: a. trafficking in human beings (art. 182) where the offence was committed for the purpose of the sexual exploitation of a minor; b. sexual acts with children (art. 187), sexual acts with dependent persons (art. 188) or sexual acts with minors against payment (art. 196);c. indecent assault (art. 189), rape (art. 190), sexual acts with persons incapable of judgement or resistance (art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (art. 192), exploitation of a person in a position of need or dependency (art. 193), indecent conduct (art. 194), encouraging prostitution (art. 195) or sexual harassment (art. 198), where the offence is committed against or in front of a minor;d. pornography (art. 197):1. under article 197 paragraph 1 or 3,2. under article 197 paragraph 4 or 5, where the content of the items or performances involved sexual acts with minors.84 4 if a person receives a sentence or is made subject to a measure under articles 59-61, 63 or 64 for any of the following offences, the court shall prohibit him from carrying on any professional activity or organised non-professional activity that involves regular contact with especially vulnerable adult persons, as well as any professional activity or organised non-professional activity in the health sector that involves direct contact with patients: a. trafficking in human beings (art. 182) for the purpose of sexual exploitation, indecent assault (art. 189), rape (art. 190), sexual acts with persons incapable of judgement or resistance (art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (art. 192), exploitation of a person in a position of need or dependency (art. 193), indecent conduct (art. 194), encouraging prostitution (art. 195) or sexual harassment (art. 198), where the offence is committed against or in front of:1. an especially vulnerable adult victim, or2. an adult victim who is not especially vulnerable, but who was incapable of resistance or of judgement or who was unable to defend him- or herself as a result of physical or psychological dependence;b. pornography (art. 197 para. 2 first sentence and para. 4 or 5), where the items or performances had the following content:1. sexual acts with especially vulnerable adult victims, or 2. sexual acts with adult victims who are not especially vulnerable, but who were incapable of resistance or of judgement or who were unable to defend themselves as a result of physical or psychological dependence.854bis by way of exception, the court may refrain from imposing a prohibition order under paragraph 3 or 4 in particularly minor cases if a prohibition order of this type does not appear necessary to prevent the offender from committing further offences of the same type. the court may not refrain from imposing a prohibition order if the offender:a. has been convicted of trafficking in human beings (art. 182), indecent assault (art. 189), rape (art. 190), sexual acts with persons incapable of judgement or resistance (art. 191) or encouraging prostitution (art. 195); or b. is a paedophile in accordance with the internationally recognised classification criteria.86 5 if the offender receives a sentence or is made subject to a measure for two or more offences in the same proceedings, the court shall specify what portion of the sentence or which measure applies to an offence that entails an activity prohibition order. this portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 2bis, 3 or 4 is imposed. the sentence portions for two or more relevant offences are added together. more than one activity prohibition order may be imposed.876 the court may order probation assistance for the duration of the prohibition orders.887 .89 81 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).82 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).83 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).84 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).85 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).86 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).87 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).88 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).89 repealed by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), with effect from 1 jan. 2019 (as 2018 3803; bbl 2016 6115).content and scope art. 67a90 1 professional activities within the meaning of article 67 are activities in exercise of a principal or secondary profession or trade or of a commercial enterprise. organised non-professional activities are activities that are not or not primarily carried on for pecuniary gain and which are carried on in the context of an association or other organisation.2 the prohibition from carrying on an activity under article 67 includes activities that the offender carries on on a self-employed basis, as a governing officer of a legal entity or commercial enterprise, or as the agent or representative of another person or which he arranges to be carried on by a person dependent on his instructions.3 if there is a risk that the offender will also misuse his activity in order to commit offences if he is subject to the orders and control of a superior or supervisor, he shall be totally prohibited from carrying on the activity.4 prohibition orders under article 67 paragraphs 3 and 4 always apply to the entire activity.5 the following are deemed to be activities with regular contact with minors or with other especially vulnerable persons:a. activities that directly and specifically involve minors or other especially vulnerable persons, and in particular:1. teaching or training,2. parenting or counselling,3. care or supervision,4. nursing,5. physical examination or treatment,6. psychological examination or treatment,7. preparing and serving meals,8. transport,9. the direct sale or loan of objects intended specifically for minors or other particularly vulnerable persons, and acting as a direct intermediary in such sales or loans, where this is the main activity of the person concerned; b. other activities that are primarily or repeatedly carried on in institutions that offer the services listed under letter a, with the exception of activities where it is ensured at the location or time concerned that no contact with minors or other especially vulnerable persons can take place.916 especially vulnerable persons are persons who because of their age, an illness or long-term physical, mental or psychological impairment are dependent on help from others in their daily activities or way of living.9290 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).91 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).92 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).b. contact prohibition and exclusion order art. 67b93 1 if a person has committed a felony or misdemeanour against one or more specific persons or against persons in a specific group, and if there is a risk that he will commit further felonies or misdemeanours in the event of having contact with such persons, the court may impose a contact prohibition and exclusion order of up to five years.2 by means of a contact prohibition and exclusion order the court may prohibit the offender from:a. contacting one or more specific persons or persons in a specific group directly or via third parties, in particular by telephone, in writing or online, or employing, accommodating, educating, caring for such persons or associating with such persons in any other way;b. approaching a specific person or coming within a specific distance of that person's home;c. being present in specific locations, in particular specific streets, areas or districts.3 the competent authority may use technical devices that are securely attached to the offender in order to enforce the prohibition order. these devices may in particular serve to determine the offender's location.4 the court may order probation assistance for the duration of the prohibition order.5 on application from the executive authority, it may extend limited prohibition orders by a maximum of five years in each case if this is necessary to prevent the offender from committing further felonies and misdemeanours against minors or other especially vulnerable persons.93 inserted by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).c. common provisions enforcement of prohibition orders art. 67c94 1 a prohibition order comes into effect on the day on which the judgment takes full legal effect.2 the duration of a custodial sentence or of a custodial measure (art. 59-61 and 64) is not taken into account in determining the term of the prohibition order.3 if the offender fails to complete the probationary period successfully and if the suspended custodial sentence is executed or a recall to custody is ordered in respect of a sentence or measure, the term of the prohibition order is calculated from the day on which the offender is released on parole or granted final release or on which the sanction is revoked or remitted.4 if the offender completes the probationary period successfully, the competent authority shall decide on any modification of the conditions or term of the prohibition order under article 67 paragraph 1 or article 67b, or on whether the prohibition order should be revoked.5 the offender may apply to the competent authority for a modification of the conditions or term of the prohibition order, or to have the prohibition order revoked:a. in the case of a prohibition order under article 67 paragraph 1 or under article 67b: after the order has been in force for two years;b. in the case of a limited prohibition order under article 67 paragraph 2: after half of the term of the prohibition order, provided the order has been in force for at least three years;c.95 . d.96 in the case of a lifelong prohibition order under article 67 paragraph 2bis: after the order has been in force for ten years.6 if it is considered unlikely that the offender will commit any further felonies or misdemeanours by misusing an activity or by having contact with specific persons of a specific group to and the offender has provided reasonable compensation for the loss, damage or injury caused, the competent authority shall revoke the prohibition order in cases falling under paragraph 4 or 5.6bis prohibition orders under article 67 paragraphs 3 or 4 may not revoked.97 7 if the offender breaches an activity prohibition order or a contact prohibition and exclusion order or if he fails to comply with the associated probation assistance, or if such assistance cannot be provided or is no longer required, the competent authority shall submit a report to the court or the executive authority. the court or the executive authority may revoke or make a new order for probation assistance.7bis the executive authority may order probation assistance for the entire duration of the prohibition from carrying on an activity or the contact and exclusion order.988 if the offender fails to comply with the probation assistance during a probationary period, article 95 paragraphs 4 and 5 apply.9 if the offender breaches an activity prohibition order or a contact prohibition and exclusion order during a probationary period, article 294 and the provisions on revoking a suspended sentence or the suspended part of a sentence and on a recall to custody in respect of a sentence or measure apply.94 inserted by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).95 repealed by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), with effect from 1 jan. 2019 (as 2018 3803; bbl 2016 6115).96 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).97 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).98 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).modification of a prohibition order or subsequent imposition of a prohibition order art. 67d99 1 if it becomes apparent during the term of an activity prohibition order or a contact prohibition and exclusion order that in the offender's case an extension of the prohibition order or an additional such prohibition order is required, the court may on application from the executive authority extend the prohibition order or impose an additional prohibition order.2 if it becomes apparent during a custodial sentence or a custodial measure that in the offender's case a prohibition order under article 67 paragraph 1 or 2 or under article 67b is required, the court may impose this prohibition order on application from the executive authority.99 inserted by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).3. disqualification from driving art. 67e100 if the offender has used a motor vehicle in order to commit a felony or misdemeanour and where there is a risk of re-offending, the court, in addition to imposing a sentence or measure under articles 59-64, may order that the offender forfeit his provisional or full driving licence for a period of between one month and five years.100 originally: art. 67b.art. 67f101 101 no longer required as a result of no iv 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).4. publication of the judgment art. 68 1 if publication of a criminal judgment is required in the public interest, or in the interests of the person harmed or of the complainant, the court shall order publication at the expense of the offender.2 if publication of an acquittal or of a ruling of the prosecution service abandoning proceedings is required in the public interest, or in the interests of the acquitted person or former suspect, the court shall order publication at state expense or at the expense of the complainant.3 publication is made in the interests of the person harmed, complainant, acquitted person or former suspect only if such persons so request.4 the court decides on the form and extent of publication.5. forfeiture a. forfeiture of dangerous objects art. 69 1 the court shall, irrespective of the criminal liability of any person, order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence in the event that such objects constitute a future danger to public safety, morals or public order.2 the court may order that the objects forfeited be rendered unusable or be destroyed.b. forfeiture of assets principles art. 70 1 the court shall order the forfeiture of assets that have been acquired through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position.2 forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided he has paid a consideration of equal value therefor or forfeiture would cause him to endure disproportionate hardship.3 the right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture.4 official notice must be given of forfeiture. the rights of persons harmed or third parties expire five years after the date on which official notice is given.5 if the amount of the assets to be forfeited cannot be ascertained, or may be ascertained only by incurring a disproportionate level of trouble and expense, the court may make an estimate.equivalent claim art. 71 1 if the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the state in respect of a sum of equivalent value, which claim may be enforced against a third party only if he is not excluded by article 70 paragraph 2.2 the court may dismiss an equivalent claim in its entirety or in part if the claim is likely to be unrecoverable or if the claim would seriously hinder the rehabilitation of the person concerned.3 the investigating authority may seize assets of the person concerned with a view to the enforcement of an equivalent claim. such seizure does not accord the state preferential rights in the enforcement of the equivalent claim.forfeiture of assets of a criminal or terrorist organisation art. 72102 the court shall order the forfeiture of all assets that are subject to the power of disposal of a criminal or terrorist organisation. in the case of the assets of a person who participates in or supports such an organisation (art. 260ter), it is presumed that the assets are subject to the power of disposal of the organisation until the contrary is proven.102 amended by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).6. use for the benefit of the person harmed art. 73 1 if as a result of a felony or misdemeanour a person has suffered harm and is not entitled to benefits under an insurance policy, and if it is anticipated that the offender will not pay damages or satisfaction, the court shall award the person harmed, at his request, a sum of money up to the amount of damages or satisfaction set by a court or agreed in a settlement with the person harmed and obtained from:a. the monetary penalty or fine paid by the offender;b. objects and assets that have been forfeited, or the proceeds of their sale after deduction of expenses;c. compensatory claims;d. the amount of the good behaviour bond.2 the court may order such an award only if the person harmed assigns the corresponding element of his claim to the state.3 the cantons shall provide a simple and quick procedure for cases where their courts are not entitled to make an award of this nature in a criminal judgment.title four: execution of custodial sentences and custodial measures 1. principles art. 74 the human dignity of the prison inmates or of the inmates of an institution for the execution of measures must be respected. their rights may only be limited to the extent that that is required for the deprivation of their liberty and their co-existence in the penal institution.2. execution of custodial sentences principles art. 75 1 the execution of sentences must encourage an improvement in the social behaviour of the prison inmates, and in particular their ability to live their lives without offending again. the conditions under which sentences are executed must correspond as far as possible with those of normal life, guarantee the supervision of the prison inmates, counteract the harmful consequences of the deprivation of liberty and take appropriate account of the need to protect the general public, the institution staff and other inmates.2 .1033 the institution rules shall provide that a sentence management plan be drawn up in consultation with the prison inmate. this plan in particular contains details of the supervision offered, the opportunities to work and receive basic or advanced training, making reparation, relations with the outside world and preparations for release.4 the prison inmate must actively cooperate in resocialisation efforts and the preparations for release.5 account is taken of the gender-specific concerns and needs of the prison inmates.6 if the prison inmate is released on parole or granted final release and it subsequently comes to light that on his release he was subject to another executable judgment imposing a custodial sentence, execution of that custodial sentence is waived if:a. it was not executed concurrently with the other custodial sentence for a reason within the control of the executive authorities;b. the prison inmate was able to assume in good faith that on his release he was not subject to another executable judgment imposing a custodial sentence; andc. the reintegration of the prison inmates would be prejudiced.103 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).special security measures art. 75a104 1 the commission under article 62d paragraph 2 shall with a view to a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence assess the danger to the community of the offender if:a. he has committed a felony in terms of article 64 paragraph 1; and b. the executive authority cannot satisfactorily answer the question of whether he is a danger to other prison inmates.2 relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole. 3 danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.104 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).place of execution art. 76 1 custodial sentences are executed in a secure or open penal institution.2 the prison inmate shall be admitted to a secure penal institution or to the secure section of an open penal institution if there is a risk that that he will abscond or it is expected that he will commit further offences.normal execution art. 77 the prison inmate normally spends his working, rest and leisure time in the institution.day release employment and external accommodation art. 77a 1 the custodial sentence is executed in the form of day release employment if the prison inmate has served part of the custodial sentence, normally a minimum one half, and it is not expected that he will abscond or commit further offences.2 in day release employment, the prison inmate works outside the institution and spends his rest and leisure time in the institution. the change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution. work outside the institution may also include housework and caring for children.3 if the prison inmate proves himself to be of good behaviour in day release employment, the further execution of the sentence takes the form of external accommodation and day release employment. here the prison inmate lives and works outside the institution, but remains under the supervision of the executive authority.semi-detention art. 77b105 1 at the offender's request, a custodial sentence of no more than 12 months or the remainder of a sentence after taking account of time spent on remand of no more than six months may be served in the form of semi-detention provided:a. it is not anticipated that the offender will abscond or commit further offences; andb. the offender does regulated work or training or is similarly occupied for at least 20 hours a week.2 the prison inmate works, is trained or similarly occupied outside the institution and spends his rest and leisure time in the institution.3 semi-detention may be served in a special section of a remand centre provided the offender is guaranteed the required supervision.4 if the offender no longer meets the authorisation requirements or if he fails to comply with the conditions of semi-detention imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner.105 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).solitary confinement art. 78 solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered:a. for a maximum of one week at the start of the sentence in order to initiate the execution of the sentence;b. for the protection of the prison inmate or of third parties;c. as a disciplinary sanction.art. 79106 106 repealed by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).community service art. 79a107 1 if it is not anticipated that the offender will abscond or commit further offences, the following sentences may be served in the form of community service:a. a custodial sentence of no more than six months;b. the remainder of a sentence of no more than six months after taking account of time spent on remand; orc. a monetary penalty or a fine.2 community service is not permitted as a means of serving an alternative custodial sentence.3 community service is work that benefits social institutions, public works or persons in need. the work is unpaid.4 four hours of community service correspond to one day of a custodial sentence, one daily penalty unit of a monetary penalty or one day of an alternative custodial sentence in the case of contraventions.5 the executive authority shall allow the offender a specific period not exceeding two years within which to complete the community service. in the case of community service carried out in lieu of a fine, this period may not exceed one year. 6 if the offender fails to comply with the conditions of community service imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner or in the form of semi-detention, or the monetary penalty or fine shall be enforced.107 inserted by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).electronic monitoring art. 79b108 1 at the request of the offender, the executive authority may order the use of electronic devices and their secure attachment to the offender's body (electronic monitoring):a. in execution of a custodial sentence or an alternative custodial sentence of from 20 days to 12 months; orb. in lieu of day release employment or day release employment and external accommodation for a term of from 3 to 12 months.2 the executive authority may order electronic monitoring only if:a. it is not anticipated that the offender will abscond or commit further offences;b. the offender lives in permanent accommodation;c. the offender is doing regulated work or training or is similarly occupied for at least 20 hours a week or can be assigned to do the same;d. the adults living with the offender in the same accommodation consent; ande. the offender agrees to the implementation plan drawn up for him.3 if the requirements of paragraph 2 letter a, b or c are no longer met or if the offender fails to fulfil the obligations set out in the implementation plan, the executive authority may discontinue the electronic monitoring and order the sentence to be served in the normal manner or in the form of semi-detention, or restrict the free time available to the offender.108 inserted by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).other forms of sentence execution art. 80 1 a departure from the rules governing the execution of sentences in favour of the prison inmates may be permitted:a. if the state of health of the prison inmates so requires;b. in the event of pregnancy, childbirth and for the time immediately after childbirth;c. to enable the mother and infant to be accommodated together, provided this is also in the interests of the child.2 if the sentence is not served in a penal institution, but in another appropriate institution, the prison inmate is subject to the regulations of that institution unless the executive authority orders otherwise.work art. 81 1 the prison inmate is obliged to work. wherever possible, the work should be appropriate to his skills, education and training and his interests.2 if he consents to do so, the prison inmate may work for a private employer.basic and advanced training art. 82 where he shows the required aptitude and the possibility exists, the prison inmate is given the opportunity to undergo basic and advanced training appropriate to his skills.wages art. 83 1 the prison inmate receives a wage for his work based on his performance and according to the circumstances.2 the prison inmate may freely dispose of only part of his wage while serving his sentence. the remaining part is withheld until the inmate has been released. the wage may neither be pledged, seized nor included in an insolvent estate. any assignment or pledge of the wage is null and void.3 if the prison inmate participates in basic or advanced training instead of work in accordance with his sentence management plan, he receives appropriate remuneration.relations with the outside world art. 84 1 the prison inmate has the right to receive visitors and to cultivate contacts with persons outside the institution. contact with close relatives and friends shall be facilitated.2 contact may be monitored and for the preservation of order and security in the penal institution it may be restricted or prohibited. the monitoring of visits is not permitted without the knowledge of those concerned. the foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution.3 clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with the prison inmates subject to the general institution rules.4 contact with defence attorneys must be permitted. visits from the defence attorney may be supervised but conversations may not be listened in on. inspecting the content of correspondence and attorneys' documents is not permitted. contact with attorneys may be prohibited by the competent authority in the event of abuse.5 communications with the supervisory authorities may not be monitored.6 the prison inmate shall be granted release on temporary licence to an appropriate extent in order to cultivate relations with the outside world, prepare for his release or where there are special circumstances, provided his conduct in custody does not preclude this and there is no risk that he will abscond or commit further offences.6bis offenders subject to indefinite incarceration are not granted release on temporary licence or other relaxations of the execution of the sentence during the sentence served prior to incarceration.1097 article 36 of the vienna convention of 24 april 1963110 on consular relations and other regulations under international law on visits and correspondence that are binding on switzerland are reserved.109 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).110 sr 0.191.02searches and inspections art. 85 1 the personal effects and the accommodation of the prison inmate may be searched in the interests of maintaining order and security in the penal institution.2 a prison inmate who is suspected of concealing unpermitted articles about his person or in his body, may be subjected to a body search. the search must be conducted by a person of the same gender. if the removal of clothing is required, this must be carried out in the absence of other prison inmates. searches of body cavities must be carried out by a doctor or other medically qualified staff.parole a. granting of parole art. 86 1 if the prison inmate has served two thirds of his sentence, provided this amounts to at least three months, he shall be released on parole by the competent authority if this is justified by his conduct while in custody and it is not expected that he will commit further felonies or misdemeanours.2 the competent authority shall assess ex officio whether the inmate may be released on parole. it shall obtain a report from the institution board. the prison inmate shall be granted a hearing.3 if parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year.4 if the prison inmate has served half of his sentence, provided this amounts to at least three months, he may be released on parole by way of exception, if exceptional personal circumstances justify this.5 in the case of persons serving a life sentence, parole under paragraph 1 is possible at the earliest after 15 years, and under paragraph 4 at the earliest after ten years.b. probationary period art. 87 1 a person released on parole is made subject to a probationary period of a duration that corresponds to the remainder of his sentence. the period however amounts to at least one year and no more than five years.2 the executive authority shall normally order probation assistance for the duration of the probationary period. it may impose conduct orders on the person released on parole.3 if parole is granted to an inmate serving a custodial sentence for an offence mentioned in article 64 paragraph 1, and if on expiry of the probationary period a continuation of the probation assistance or the conduct orders appear to be required in order to reduce the risk of further offences of this type being committed, the court may at the request of the executive authority extend the probation assistance or the conduct orders in each case by one to five years or impose a new conduct order for this period. a recall to custody in accordance with article 95 paragraph 5 is not possible in such cases.c. successful completion of probation art. 88 if the person released on parole is of good behaviour throughout the probationary period, he is granted final release.d. breach of probation art. 89 1 if a person released on parole commits a felony or misdemeanour during the probationary period, the court judging the new offence shall order his recall to custody.2 if, despite the commission of a felony or misdemeanour during the probationary period, it is not expected that the offender will commit further offences, the court shall dispense with a recall to custody. it may admonish the offender and extend the probationary period by no more than half of the period originally fixed by the competent authority. if the extension is ordered after the expiry of the original probationary period, it begins on the day on which it is ordered. the provisions on probation assistance and conduct orders apply (art. 93-95).3 if a person released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, article 95 paragraphs 3-5 applies.4 a recall to custody may not be ordered if three years have elapsed since the expiry of the probationary period.5 any period of time spent on remand that the offender has served during the recall to custody proceedings is taken into account in the remainder of his sentence.6 if the requirements for an unsuspended custodial sentence are fulfilled due to the new offence and if this coincides with the remainder of the sentence that must be executed by the recall to custody, the court shall impose a cumulative sentence in application of article 49 a. the rules on parole again apply to this sentence. if only the remainder of the sentence is executed, article 86 paragraphs 1-4 applies.7 if the remainder of a sentence that must be executed in accordance with a decision on recall to custody coincides with the execution of a measure under articles 59-61, article 57 paragraphs 2 and 3 applies.3. execution of measures art. 90 1 a person subject to the execution of a measure under articles 59-61, may only be accommodated without interruption separately from the other inmates of an institution for the execution of measures if this is essential:a. as a temporary therapeutic measure;b. for the protection of other inmates of the institution or of third parties;c. as a disciplinary sanction.2 at the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or his legal representative. this includes in particular details of the treatment of the inmate's mental disorder, dependence or developmental disorder and on measures to prevent the endangerment of others.2bis measures under articles 59-61 and 64 may be executed in the form of external accommodation and day release employment if there is a justified opinion that this will significantly contribute to the aim of the measure being achieved, and if there is no risk that the inmate will abscond or will commit further offences. article 77a paragraphs 2 and 3 applies by analogy.1113 if the inmate is able to work, he is required to work to the extent that his in-patient treatment or care requires or permits. articles 81-83 apply in an analogous manner.4 article 84 applies by analogy to the relations of the inmates of an institution for the execution of measures with the outside world, unless additional restrictions are required for reasons relating to the in-patient treatment.4bis article 75a applies by analogy to admission to an open institution and to the authorisation of a relaxation in the measures regime.1124ter during lifelong incarceration, it is not permitted to authorise release on temporary licence or a relaxation of the sentence regime.1135 article 85 applies by analogy to searches and inspections.111 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).112 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).113 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).4. general provisions disciplinary regulations art. 91 1 disciplinary sanctions may be imposed on prison inmates and inmates of an institution for the execution of measures who are guilty of infringing the institution regulations or the sentence management plan.2 disciplinary sanctions are:a. a reprimand;b. the temporary withdrawal or restriction of the right to use money, participate in recreational activities or have external contacts;c.114 a fine; andd.115 solitary confinement as an additional restriction of liberty.3 the cantons shall enact disciplinary regulations applicable to the execution of sentences and measures. the regulations detail the disciplinary offences, the sanctions and how they are fixed, and regulate the procedure.114 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).115 originally let. c.interruption of execution art. 92 the execution of sentences and measures may be interrupted for good cause.right to information art. 92a116 1 victims and relatives of victims as defined in article 1 paragraphs 1 and 2 of the victim support act of 23 march 2007117 (vsa) and third parties who have a legitimate interest may make a written request to the executive authority for the following information:a. the time of execution of the sentence or measure imposed on the offender, institution responsible for execution, the form of execution if it differs from normal, interruptions and relaxations in the sentence or measure, (art. 75a para. 2), parole and final release, and the reactivation of the execution of a sentence or measure;b. immediate notification of the escape of an offender and of his or her recapture.2 the executive authority decides on the request after consulting the offender.3 it may refuse to provide the information or revoke a previous decision to provide information only if the offender's legitimate interests justify this.4 if the executive authority approves a request, it shall advise the person entitled to information of the confidentiality of the information disclosed. persons entitled to victim support under the vsa are not required to maintain confidentiality in their dealings with a counsellor at a counselling service under article 9 vsa.116 inserted by no i 1 of the fa of 26 sept. 2014 on victims' right to information, in force since 1 jan. 2016 (as 2015 1623; bbl 2014 889 913). see also the transitional provision to this amendment at the end of the text.117 sr 312.5title five: probation assistance, conduct orders and voluntary social supervision probation assistance art. 93 1 probation assistance is intended to protect the probationers from reoffending and enable their social integration. the competent authority for probation assistance provides and arranges for the required social and specialist services.2 persons working in the field of probation assistance must treat matters that come to their knowledge in the course of their work as confidential. they may disclose information on the personal circumstances of a probationer to third parties only if the probationer or the person in charge of probation assistance has consented in writing.3 the authorities for the administration of criminal justice may obtain a report on the probationer from the competent authority for probation assistance.conduct orders art. 94 the conduct orders that the court or the executive authority may impose on the offender for duration of the probationary period relate in particular to the practice of a profession, place of residence, driving motor vehicles, reparation and medical and psychological therapy.general provisions art. 95 1 prior to making their decision on probation assistance and conduct orders, the court and the executive authority may obtain a report from the authority responsible for supervising the probation assistance and the conduct orders or for enforcing activity prohibition orders or contact prohibition and exclusion orders.118 the person concerned may state his opinion on the report. differences of opinion must be recorded in the report.2 the ordering of probation assistance and conduct orders must be noted and justified in the judgment or the decision.3 if the offender fails to comply with the conditions of probation assistance or disregards the conduct orders or if the probation assistance or conduct orders cannot be implemented or are no longer required, the competent authority shall submit a report to the court or the authorities responsible for the execution of sentences and measures.4 the court or the executive authority may in the cases mentioned in paragraph 3:a. extend the probationary period by one half;b. revoke or reorganise the probation assistance;c. modify or revoke the conduct orders or issue new conduct orders.5 the court may in the cases in paragraph 3 revoke the suspended sentence or order the recall to custody for the execution of the sentence or measure if it is seriously expected that the offender will commit further offences.118 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).social assistance art. 96 the cantons shall guarantee the provision of social assistance for the duration of the criminal proceedings and of the execution of the sentence which may be claimed voluntarily.title six: statute of limitations 1. limitation of prosecution rights periods art. 97 1 the right to prosecute is subject to a time limit of:a. 30 years if the offence carries a custodial sentence of life;b. 15 years if the offence carries a custodial sentence of more than three years;c. 10 years if the offence carries a custodial sentence of three years;d. seven years if the offence carries a different penalty.1192 in the case of sexual acts with children (art. 187) and dependent persons (art. 188) and in the case offences under articles 111, 113, 122, 124, 182, 189-191, 195 and 197 paragraph 3 involving a child under 16, the limitation period in each case runs at least until the victim has attained the age of 25.1203 if a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies.4 the limitation of the right to prosecute in the case of sexual acts with children (art. 187) and dependent minors (art. 188) and offences under articles 111-113, 122, 182, 189-191 and 195 involving a child under 16 is governed by paragraphs 1-3 if the offence was committed before the amendment of 5 october 2001121 came into force and the limitation of the right to prosecute had not yet taken effect.122119 amended by no i 1 of the fa of 21 june 2013 (extension of prosecution time limits), in force since 1 jan. 2014 (as 2013 4417; bbl 2012 9253).120 amended by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).121 as 2002 2993122 amended by art. 2 no 1 of the federal decree of 24 march 2006 on the approval and implementation of the optional protocol of 25 may 2000 to the convention on the rights of the child, on the sale of children, child prostitution and child pornography, in force since 1 dec. 2006 (as 2006 5437 5440; bbl 2005 2807).commencement art. 98 the limitation period begins:a. on the day on which the offender committed the offence;b. on the day on which the final act was carried out if the offence consists of a series of acts carried out at different times;c. on the day on which the criminal conduct ceases if the criminal conduct continues over a period of time.2. limitation period for the execution of a sentence periods art. 99 1 the right to execute a sentence is subject to a limitation period of:a. 30 years if a custodial sentence of life has been imposed;b. 25 years if a custodial sentence of ten or more years has been imposed;c. 20 years if a custodial sentence at least five and less than ten years has been imposed;d. 15 years, if a custodial sentence of more than one and less than five years has been imposed;e. five years if any other sentence has been imposed.2 the limitation period for a custodial sentence is extended:a. by the time that the offender spends serving without interruption that or any other custodial sentence or measure that is executed immediately beforehand;b. by the length of the probationary period in the case of release on parole.commencement art. 100 the limitation period begins on the day on which the judgment becomes legally enforceable, and in the case of suspended sentences or the execution of a measure, on the day on which the execution of the penalty is ordered.3. exclusion from limitation art. 101 1 there is no statue of limitations for the offences of:a. genocide (art. 264);b. crimes against humanity (art. 264a para. 1 and 2);c. war crimes (art. 264c para. 1-3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h);d. felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass destruction, the causing of catastrophes, or as part of a hostage taking offence.e.123 sexual acts with children (art. 187 no 1), indecent assault (art. 189), rape (art. 190), sexual acts with persons incapable of judgement or resistance (art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (art. 192 para. 1) and exploitation of a person in a position of need or dependency (art. 193 para. 1) if committed against children under the age of 12.1242 if the right to prosecute the offence would have become time barred had articles 97 and 98 applied, the court may in its discretion impose a more lenient penalty.3 paragraphs 1 letters a, c and d and paragraph 2 apply if the right to prosecute or execute the sentence had not become time barred by 1 january 1983 in accordance with the law applicable until that point in time. paragraph 1 letter b applies if the right to prosecute or execute the penalty has not become time barred under the previous law when the amendment of 18 june 2010 to this code comes into force. paragraph 1 letter e applies if the prosecution or the sentence has not become time barred by 30 november 2008 in accordance with the law applicable until that point in time.125 126123 inserted by no i 1 of the fa of 15 june 2012 (non-applicability of limitation to sexual or pornography offences against prepubescent children), in force since 1 jan. 2013 (as 2012 5951; bbl 2011 5977).124 amended by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).125 third sentence inserted by no i 1 of the fa of 15 june 2012 (non-applicability of limitation to sexual or pornography offences against prepubescent children), in force since 1 jan. 2013 (as 2012 5951; bbl 2011 5977).126 amended by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).title seven: corporate criminal liability liability under the criminal law art. 102 1 if a felony or misdemeanour is committed in an undertaking in the exercise of commercial activities in accordance with the objects of the undertaking and if it is not possible to attribute this act to any specific natural person due to the inadequate organisation of the undertaking, then the felony or misdemeanour is attributed to the undertaking. in such cases, the undertaking shall be liable to a fine not exceeding 5 million francs.2 if the offence committed falls under articles 260ter, 260quinquies, 305bis, 322ter, 322quinquies, 322septies paragraph 1 or 322octies, the undertaking is penalised irrespective of the criminal liability of any natural persons, provided the undertaking has failed to take all the reasonable organisational measures that are required in order to prevent such an offence.1273 the court assesses the fine in particular in accordance with the seriousness of the offence, the seriousness of the organisational inadequacies and of the loss or damage caused, and based on the economic ability of the undertaking to pay the fine.4 undertakings within the meaning of this title are:a. any legal entity under private law;b. any legal entity under public law with exception of local authorities;c. companies;d. sole proprietorships128.127 amended by no i of the fa of 25 sept. 2015 (criminal law on corruption), in force since 1 july 2016 (as 2016 1287; bbl 2014 3591).128 terminological footnote relevant to german only.art. 102a129 129 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).part two: contraventions definition art. 103 contraventions are acts that are punishable by a fine.application of the provisions of the first part art. 104 the provisions of the first part also apply to contraventions, subject to the following changes.no or conditional applicability art. 105 1 the provisions on suspended and partially suspended sentences (art. 42 and 43), on expulsion (art. 66a-66d) and on corporate criminal liability (art. 102) do not apply to contraventions.1302 attempt and complicity are offences only in the cases expressly mentioned in this code. 3 custodial measures (art. 59-61 and 64), activity prohibition orders (art. 67), contact prohibition and exclusion orders (art. 67b) and the publication of the judgment (art. 68) are permitted only in the cases expressly mentioned in this code.131130 amended by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).131 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).fines art. 106 1 unless the law provides otherwise, the maximum amount of a fine is 10,000 francs.2 in its judgment, the court shall impose an alternative custodial sentence of at least one day and a maximum of three months for the event that the fine is wilfully not paid.3 the court determines the fine and the alternative custodial sentence based on the offender's circumstances so that the offender receives the sentence that is commensurate with his culpable conduct.4 on retrospective payment of the fine, the offender is released from the alternative custodial sentence.5 articles 35 and 36 paragraphs 2-5 apply by analogy to execution and conversion.art. 107132 132 repealed by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).art. 108133 133 this article contains no provisions for technical drafting reasons. corrected by the drafting committee of the federal assembly (art. 58 para. 1 parla; sr 171.10).limitation art. 109 the right to prosecute and to execute a sentence is subject to a limitation period of three years.part three: terms and definitions art. 110 1 close relatives of a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children.1342 family members are persons who live in the same household.3 public officials are the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.3bis if a provision refers to the term "property", it also applies to animals.1354 official documents are written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.5 public deeds are official documents issued by members of an authority, public officials and holders of public office in the exercise official powers. official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.6 a day has 24 successive hours. the month and the year are calculated according to the calendar.7 time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.134 amended by art. 37 no 1 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288). 135 as 2006 3583book two: specific provisions title one: offences against life and limb 1. homicide intentional homicide art. 111 any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, shall be liable to a custodial sentence136 of not less than five years.136 term in accordance with no ii 1 para. 1 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.murder art. 112137 where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, the penalty is a custodial sentence for life or a custodial sentence of not less than ten years.138137 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).138 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).manslaughter art. 113139 where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, the penalty is a custodial sentence from one to ten years.140139 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).140 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).homicide at the request of the victim art. 114141 any person who for commendable motives, and in particular out of compassion for the victim, causes the death of a person at that person's own genuine and insistent request shall be liable to a custodial sentence not exceeding three years or to a monetary penalty142 .141 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).142 term in accordance with no ii 1 para. 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.inciting and assisting suicide art. 115 any person who for selfish motives incites or assists another to commit or attempt to commit suicide is, if that other person thereafter commits or attempts to commit suicide, liable to a custodial sentence not exceeding five years or to a monetary penalty143 .143 term in accordance with no ii 1 para. 3 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.infanticide art. 116144 if a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, she shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.144 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).homicide through negligence art. 117 any person who causes the death of another through negligence or recklessness shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. abortion illegal abortion art. 118145 1 any person who terminates a pregnancy with the consent of the pregnant woman or incites or assists a pregnant woman to terminate her pregnancy without the requirements of article 119 being fulfilled shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 any person who terminates a pregnancy without the consent of the pregnant woman shall be liable to a custodial sentence of from one146 to ten years.3 any woman who has her pregnancy terminated or otherwise participates in the termination of her pregnancy following the end of the twelfth week since her last period and without the requirements of article 119 being fulfilled shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.4 cases falling under paragraphs 1 and 3 above are subject to a limitation period of three years.147145 amended by no i of the fa of 23 march 2001 (abortion), in force since 1 oct. 2002 (as 2002 2989 2992; bbl 1998 3005 5376).146 term in accordance with no ii 1 para. 4 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.147 amended by no i of the fa of 22 march 2002 (limitation of the right to prosecute), in force since 1 oct. 2002 (as 2002 2986 2988; bbl 2002 2673 1649).legal abortion art. 119148 1 the termination of a pregnancy is exempt from penalty in the event that the termination is, in the judgment of a physician, necessary in order to be able to prevent the pregnant woman from sustaining serious physical injury or serious psychological distress. the risk must be greater the more advanced the pregnancy is.2 the termination of a pregnancy is likewise exempt from penalty if, at the written request of a pregnant woman, who claims that she is in a state of distress, it is performed within twelve weeks of the start of the pregnant woman's last period by a physician who is licensed to practise his profession. the physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling.3 if the woman is incapable of judgement, the consent of her legal representative is required.4 the cantons designate the medical practices and hospitals that fulfil the requirements for the professional conduct of procedures to terminate pregnancy and for the provision of counselling.5 an abortion is reported for statistical purposes to the competent health authority, whereby the anonymity of the woman concerned is guaranteed and medical confidentiality is preserved.148 amended by no i of the fa of 23 march 2001 (abortion), in force since 1 oct. 2002 (as 2002 2989 2992; bbl 1998 3005 5376).contraventions by physicians art. 120149 1 any physician who terminates a pregnancy in terms of article 119 paragraph 2 and who fails, prior to the procedure:a. to obtain a written request from the pregnant woman;b. to discuss the termination in detail with the pregnant woman and to counsel her, to advise her of the risks of the procedure to her health, and to provide her with a written guide, the receipt of which she must acknowledge with her signature, that contains:1. a list of agencies that provide counselling free of charge,2. a list of associations and agencies that offer moral and material support, and3. information on the possibility of having the child adopted;c. to satisfy himself that a pregnant woman under 16 years of age has been in contact with a counselling agency specialised in dealing with young people.shall be liable to a fine150.2 any physician who fails to report the termination of a pregnancy to the competent authority in accordance with article 119 paragraph 5 shall be liable to the same penalty.149 amended by no i of the fa of 23 march 2001 (abortion), in force since 1 oct. 2002 (as 2002 2989 2992; bbl 1998 3005 5376).150 term in accordance with no ii 1 para. 5 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.art. 121151 151 repealed by no i of the fa of 23 march 2001 (abortion), with effect from 1 oct. 2002 (as 2002 2989; bbl 1998 3005 5376).3. assault serious assault art. 122152 any person who intentionally inflicts a life-threatening injury on another,any person who intentionally inflicts serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently,any person who intentionally causes any other serious damage to the person or to the physical or mental health of another,shall be liable to a custodial sentence of at least six months and no more than ten years.153152 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).153 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).common assault art. 123154 1. any person who wilfully causes injury to the person or the health of another in any other way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.in minor cases, the court may impose a reduced penalty (art. 48a).1552. the penalty is a custodial sentence not exceeding three years or a monetary penalty, and the offender is prosecuted ex officio,if he uses poison, a weapon or a dangerous object,if he commits the act on a person, and in particular on a child, who is unable to defend himself, or is under his protection or in his care.if he is the spouse of the victim and the act was committed during the marriage or up to one year after divorce,156if he is the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution,157 orif he is the heterosexual or homosexual partner of the victim provided they have at any time cohabited and the act was committed at that time or up to one year after separation.158154 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).155 amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).156 inserted by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).157 inserted by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).158 originally para. 4. inserted by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937). female genital mutilation art. 124159 1 any person who mutilates the genitals of a female person, impairs their natural function seriously and permanently or damages them in some other way shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of no less than 180 daily penalty units.2 any person who has committed the offence abroad but is now in switzerland and is not extradited shall be liable to the foregoing penalties. article 7 paragraphs 4 and 5 apply.159 amended by no i of the fa of 30 sept. 2011, in force since 1 july 2012 (as 2012 2575; bbl 2010 5651 5677).assault through negligence art. 125 1 any person who causes injury to the person or the health of another through negligence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.1602 if the injury is serious, the offender is prosecuted ex officio.160 term in accordance with no ii 1 para. 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.acts of aggression art. 126 1 any person who commits acts of aggression against another that do not cause any injury to the person or health shall be liable on complaint to a fine.2 the offender is prosecuted ex officio if he commits the offence repeatedly:a. on a person under his protection or in his care, and in particular on a child;b. on his spouse during the marriage or up to a year after divorce; orbbis.161 on his registered partner during the period of the registered partnership or up to a year after its dissolution; orc. on his heterosexual or homosexual partner provided they have at any time cohabited and the act was committed at that time or up to one year after separation.162161 inserted by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).162 inserted by no i of the fa of 23 june 1989 (as 1989 2449; bbl 1985 ii 1009). amended by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).4. endangering the life or health of another abandonment art. 127163 any person who exposes a helpless person under his protection or care to a life-threatening danger or to a serious and immediate danger to health, or abandons the person to such a danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.163 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).failure to offer aid in an emergency art. 128164 any person who fails to offer aid to another whom he has injured or to another who is in immediate life-threatening danger, in circumstances where the person either could reasonably have been expected to offer aid,any person who prevents or hinders others from offering aid,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.164 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).false alarm art. 128bis 165 any person who wilfully and without good reason alerts a public or charitable security, rescue or emergency service, and in particular the police, fire or ambulance services shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.165 inserted by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).endangering life art. 129166 any person who unscrupulously places another in immediate life-threatening danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.166 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).art. 130-132167 167 repealed by no i of the fa of 23 june 1989, with effect from 1 jan. 1990 (as 1989 2449; bbl 1985 ii 1009).brawling art. 133168 1 any person who participates in a brawl that results in the death of or in an assault causing injury shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 a participant in a brawl who acts exclusively in self-defence or in order to separate the other participants is not liable to a penalty.168 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).attack art. 134169 any person who participates in an attack on one or more other persons which causes death or injury to a person attacked or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty170.169 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).170 term in accordance with no ii 1 para. 6 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.representations of acts of violence art. 135171 1 any person who produces, imports, stores, markets, promotes, exhibits, offers, shows, makes accessible or makes available sound, film or video recordings or other products in which acts of extreme violence against persons or animals are portrayed, without reasonable cultural or scientific grounds therefor, and in doing so seriously offends basic human dignity shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1bis any person who acquires, procures by electronic or any other means, or possesses the recordings or other products mentioned in paragraph 1 above, provided these portray acts of violence against persons or animals shall be liable to a custodial sentence not exceeding one year or to a monetary penalty172.1732 the articles concerned are forfeited.3 if the offender acts for financial gain, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. the custodial sentence must be combined with a monetary penalty.174171 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).172 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). the correction of the fa drafting committee of 25 feb. 2020 concerns the french text only (as 2020 623).173 inserted by no i of the fa of 5 oct. 2001 (offences against sexual integrity; prohibition of the possession of hard-core pornography), in force since 1 april 2002 (as 2002 408 409; bbl 2000 2943).174 term in accordance with no ii 1 para. 7 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.administering substances capable of causing injury to children art. 136175 any person who administers or makes available for consumption to children under the age of 16 alcoholic beverages or other substances in such quantities as may endanger their health shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.175 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).title two:176 offences against property 176 amended by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).1. offences against property unlawful appropriation art. 137 1. any person who for his own or for another's unlawful gain appropriates moveable property which belongs to another shall be liable, unless the special requirements of articles 138-140 apply, to a custodial sentence not exceeding three years or to a monetary penalty.2. if the offender has found the property or if the property has inadvertently come into his possession,if he does not act for financial gain orif he acts only to the detriment of a relative or family member,the offence is prosecuted only on complaint.misappropriation art. 138 1. any person who for his own or another's unlawful gain appropriates moveable property belonging to another but entrusted to him,any person who makes unlawful use of financial assets entrusted to him for his own or another's benefit,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.misappropriation to the detriment of a relative or family member is prosecuted only on complaint.2. any person who commits the foregoing offence in his capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which he has been authorised by a public authority, shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.177 177 term in accordance with no ii 1 para. 8 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.theft art. 139 1. any person who for his own or for another's unlawful gain, appropriates moveable property belonging to another person with the object of permanently depriving the owner of it shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. the offender shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units178 if he commits theft on a regular basis for financial gain.3. the offender shall be liable to a custodial sentence of at least six months and no more than ten years,179if he commits theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,if he carries with him a firearm or other dangerous weapon for the purpose of committing theftor if he represents a particular danger in any other way due to the manner in which he commits theft.4. theft to the detriment of a relative or family member is prosecuted only on complaint.178 term in accordance with no ii 1 para. 9 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.179 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).robbery art. 140 1. any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance shall be liable to a custodial sentence of at least six months and no more than ten years.180any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property shall be liable the same penalties.2. the offender shall be liable to a custodial sentence of not less than one year181 if he carries with him a firearm or other dangerous weapon for the purpose of committing robbery.3. the offender shall be liable to a custodial sentence of not less than two years,if he commits robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,or if he represents a particular danger in any other way due to the manner in which he commits robbery.4. the penalty is a custodial sentence of not less than five years, if the offender endangers the life of the victim, commits a serious assault on the victim or otherwise treats the victim with cruelty.180 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).181 term in accordance with no ii 1 para. 12 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).removal of property art. 141 any person who takes moveable property from the person entitled to it to the serious detriment of that person but without intending to permanently deprive the entitled person of it shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.unlawful use of financial assets art. 141bis any person who for his own or another's benefit unlawfully uses financial assets that have inadvertently come into his possession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.unlawful abstraction of energy art. 142 1 any person who unlawfully obtains energy from an installation that serves to exploit natural power, and in particular an electrical installation shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 if the offender acts for his own or for another's unlawful gain, he shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.unauthorised obtaining of data art. 143 1 any person who for his own or for another's unlawful gain obtains for himself or another data that is stored or transmitted electronically or in some similar manner and which is not intended for him and has been specially secured to prevent his access shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 the unauthorised obtaining of data to the detriment of a relative or family member is prosecuted only on complaint.unauthorised access to a data processing system art. 143bis 182 1 any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent his access shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 any person who markets or makes accessible passwords, programs or other data that he knows or must assume are intended to be used to commit an offence under paragraph 1 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.182 amended by art. 2 no 1 of the federal decree of 18 march 2011 (council of europe convention on cybercrime), in force since 1 jan. 2012 (as 2011 6293; bbl 2010 4697).criminal damage art. 144 1 any person who damages, destroys or renders unusable property belonging to another or in respect of which another has a right of use shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 if the offender has committed criminal damage in the course of a public riot, he is prosecuted ex officio.3 if the offender has caused major damage, a custodial sentence of from one to five years may be imposed. the offence is prosecuted ex officio.damage to data art. 144bis 1. any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.if the offender has caused major damage, a custodial sentence of from one to five years may be imposed. the offence is prosecuted ex officio.2. any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that he knows or must assume will be used for the purposes described in paragraph 1 above, or provides instructions on the manufacture of such programs shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.if the offender acts for commercial gain, a custodial sentence of from one to five years may be imposed.misappropriation and removal of property subject to a pledge or lien art. 145 any debtor who, with the intention of causing loss to his creditors, appropriates, uses without authority, damages, destroys, reduces the value of or renders unusable property subject to a pledge or lien shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.fraud art. 146 1 any person who with a view to securing an unlawful gain for himself or another wilfully induces an erroneous belief in another person by false pretences or concealment of the truth, or wilfully reinforces an erroneous belief, and thus causes that person to act to the prejudice of his or another's financial interests, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 if the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.3 fraud to the detriment of a relative or family member is prosecuted only on complaint.computer fraud art. 147 1 any person who with a view to his own or another's unlawful gain, by the incorrect, incomplete or unauthorised use of data, or in a similar way, influences the electronic or similar processing or transmission of data and as a result causes the transfer of financial assets, thus occasioning loss to another, or immediately thereafter conceals such a transfer shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 if the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.3 computer fraud to the detriment of a relative or family member is prosecuted only on complaint.misuse of a cheque card or credit card art. 148 1 any person who with a view to obtaining services of a financial value and although incapable of making or unwilling to make payment uses a cheque card or credit card or similar means of payment that has been entrusted to him by the issuer thereof and thus causes loss to the issuer, shall be liable, provided the issuer and the contracting enterprise have taken reasonable measures in order to prevent the abuse of the card, to a custodial sentence not exceeding five years or to a monetary penalty.2 if the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.unlawful claim for social insurance or social assistance benefits art. 148a183 1 any person who misleads a another by providing false or incomplete information, failing to disclose information or in any other way or who compounds an existing error so that he or an associate obtains social insurance or social assistance benefits to which he or his associate is not entitled shall be liable to a custodial sentence not exceeding one year or to monetary penalty.2 in minor cases, the penalty is a fine.183 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).making off from a hotel, restaurant or bar without payment art. 149 any person who accepts accommodation, food or drink or other services in a hotel, restaurant, bar or similar premises and dishonestly makes off without making payment therefor shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.obtaining a service without payment art. 150 any person who obtains a service without paying, knowing that the service is only rendered against payment, and in particularmakes use of public transport,attends public performances, exhibitions or similar events,or obtains services from a data processing device or a vending machine,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.production and marketing of equipment for the unauthorised decoding of encoded services art. 150bis 184 1 any person who manufactures, imports, exports, transports, markets or installs equipment, the components or data processing programs of which are designed and are suitable for the unauthorised decoding of encoded television or radio programmes or telecommunications services shall be liable on complaint to a fine.1852 an attempt to commit the foregoing offence or complicity in the same is also an offence.184 inserted by annex no 2 of the telecommunications act of 30 april 1997, in force since 1 jan. 1998 (as 1997 2187; bbl 1996 iii 1405).185 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).maliciously causing financial loss to another art. 151 any person who without a view to gain, by making representations or suppressing information, wilfully misleads another or wilfully reinforces an erroneous belief with the result that the person in error acts in such a way that he or another incurs a financial loss shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.false statements about commercial business art. 152 any person who, whether as founder, proprietor, partner with unlimited liability, authorised representative or member of the management board or the board of directors, or as an auditor or liquidator of a trading company, a co-operative or any other enterprise which carries on commercial business,makes or causes to be made to all the company members, partners or co-operative members, or to the participants in any other commercial enterprise a false or incomplete statement of substantial significance by means of a public announcement or notice, report or presentation that could cause another to dispose of his own assets in such a way that he sustains financial loss,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.false statements to the commercial register authorities art. 153 any person who causes an authority responsible for the commercial register to make a false entry in the register or withholds from such an authority information which is required to be entered in the register shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.art. 154 repealedcounterfeiting of goods art. 155 1. any person who with a view to deceiving another in trade or businessmanufactures a product which appears to have a higher commercial value than its true commercial value, in particular by being an imitation or counterfeit version of another product,or imports, stores or markets such a product,shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding three years or to a monetary penalty.2. if the offender acts for commercial gain, he shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding five years or to a monetary penalty.186186 amended by no i 1 of the fa of 3 oct. 2008 on the implementation of the revised recommendations of the financial action task force, in force since 1 feb. 2009 (as 2009 361 367; bbl 2007 6269).extortion art. 156 1. any person who, with a view to securing an unlawful gain for himself or for another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that he or another sustains financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. if the offender acts for commercial gain, or if he repeatedly commits the offence against the same person,he shall be liable to a custodial sentence of from one to ten years.3. if the offender uses violence against another or if he threatens another with an immediate danger to life and limb, a penalty in accordance with article 140 hereof is imposed.4. if the offender threatens to endanger the life and limb of a large number of persons or to cause serious damage to property in which there is a substantial public interest, he shall be liable to a custodial sentence of not less than one year187.187 term in accordance with no ii 1 para. 12 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.profiteering art. 157 1. any person who for his own or another's financial gain or the promise of such gain, exploits the position of need, the dependence, the weakness of mind or character, the inexperience, or the foolishness of another person to obtain a payment or service which is clearly disproportionate to the consideration given in return,any person who acquires a debt originating from an act of profiteering and sells or enforces the same,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. if the offender acts for commercial gain, he shall be liable to a custodial sentence of from one to ten years.criminal mismanagement art. 158 1. any person who by law, an official order, a legal transaction or authorisation granted to him, has been entrusted with the management of the property of another or the supervision of such management, and in the course of and in breach of his duties causes or permits that other person to sustain financial loss shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.any person who acts in the same manner in his capacity as the manager of a business but without specific instructions shall be liable to the same penalty.if the offender acts with a view to securing an unlawful financial gain for himself or another, a custodial sentence of from one to five years may be imposed.2. any person who, with a view to securing an unlawful gain for himself or another, abuses the authority granted to him by statute, an official order or a legal transaction to act on behalf of another and as a result causes that other person to sustain financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.3. criminal mismanagement to the detriment of a relative or family member is prosecuted only on complaint.misuse of salary deductions art. 159 any employer who breaches his obligation to make use of a deduction from an employee's salary for the payment of taxes, duties, insurance premiums or contributions or in any other way for the benefit of the employee and thus causes loss to the employee shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.handling stolen goods art. 160 1. any person who takes possession of, accepts as a gift or as the subject of a pledge, conceals, or assists in the disposal of goods which he knows or must assume have been acquired by way of an offence against property shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.the offender shall be liable to the penalty applicable to the original offence if that penalty is reduced.if the original offence is prosecuted only on complaint, the handling of stolen goods is prosecuted only if a complaint has been made in respect of the original offence.2. if the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.art. 161188 188 repealed by no ii 3 of the fa of 28 sept. 2012, with effect from 1 may 2013 (as 2013 1103; bbl 2011 6873).art. 161bis 189 189 inserted by art. 46 of the stock exchange act of 24 march 1995 (as 1997 68; bbl 1993 i 1369). repealed by no ii 3 of the fa of 28 sept. 2012, with effect from 1 may 2013 (as 2013 1103; bbl 2011 6873).2. breach of manufacturing or trade secrecy art. 162 any person who betrays a manufacturing or trade secret that he is under a statutory or contractual duty contract not to reveal,any person who exploits for himself or another such a betrayal,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.3. bankruptcy and debt collection felonies or misdemeanours fraudulent bankruptcy and fraud against seizure art. 163 1. any debtor who fictitiously reduces his assets to the prejudice of his creditors, and in particulardisposes of or conceals assets,creates fictitious debts,accepts fictitious claims as valid or arranges for the enforcement of such claims,shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.2. subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable a custodial sentence not exceeding three years or to a monetary penalty.reduction of assets to the prejudice of creditors art. 164 1. any debtor who reduces his assets to the detriment of his creditors bydamaging, destroying or reducing the value of any assets or rendering them unusable,disposing of any assets for no consideration or for a consideration that is clearly negligible in value,or by waiving, without material grounds, any rights which may accrue thereon or by renouncing rights for no consideration,shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.2. subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.mismanagement art. 165 1. any debtor who in a manner other than that in article 164 through mismanagement, in particular through inadequate capital provision, excessive expenditure, hazardous speculation, the negligent granting or use of credit, the squandering of assets or gross negligence in the exercise of his profession or the management of his assets,causes or aggravates his excessive indebtedness, causes his insolvency or, in the knowledge that he is unable to pay, prejudices his financial situation,shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims is issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.2. any debtor whose assets have been seized is prosecuted solely on the complaint of a creditor who has obtained a certificate of unsatisfied claims against him.the complaint must be filed within three months of receipt of the certificate of unsatisfied claims.any creditor who has induced a debtor to incur irresponsible debts, unreasonable expenditure or to enter into hazardously speculative transactions, or who has exploited the debtor usuriously, is barred from filing a complaint.failure to keep proper accounts art. 166 any debtor who fails to comply with a statutory obligation to which he is subject to keep and preserve business accounts or draw up a balance sheet, with the result that his financial position is not or not fully ascertainable, shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect following a seizure of assets in accordance with article 43 of the federal act of 11 april 1889190 on debt enforcement and bankruptcy (deba), to a custodial sentence not exceeding three years or to a monetary penalty.190 sr 281.1undue preference to creditors art. 167 any debtor who, in the knowledge of his inability to pay and with a view to showing preference to some of his creditors to the prejudice of others, acts in order to achieve such an aim, and in particular pays debts that are not due for payment, pays due debts in a way that differs from the normal methods, or provides security for a debt from his own means when he is not obliged to do so, shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding three years or to a monetary penalty.subornation in enforcement proceedings art. 168 1 any person who gives or promises a creditor or his representative special advantages in order to obtain his vote at the creditors' meeting or on the creditors' committee, or to obtain his consent to or rejection of a judicial composition agreement shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 any person who gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the commissioner, or the liquidator special advantages in order to influence his decisions shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.3 any person who causes another to give or promise such advantages shall be liable the same penalty.disposal of seized assets art. 169 any person who without proper authority and to the prejudice of his creditors disposes of an assetthat has been officially seized or attached,that has been officially recorded in debt recovery, bankruptcy or retention proceedings, orthat forms part of property that has been ceded in a liquidation settlementor damages, destroys, reduces the value of, or renders unusable such an asset,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.obtaining a judicial composition agreement by fraud art. 170 any debtor who misleads his creditors, the commissioner, or the debt collection authorities, in particular by false accounting or drawing up a false balance sheet, in order to obtain a moratorium of debt enforcement or the approval of a judicial composition agreement,any third party who acts in the foregoing manner for the benefit of the debtor,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.judicial composition agreement art. 171 1 articles 163 paragraph 1, 164 paragraph 1, 165 paragraph 1, 166 and 167 also apply in the event that a judicial composition agreement has been approved and adopted.2 if the debtor or a third party in terms of articles 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of a judicial composition agreement, the competent authority may waive any prosecution, referral to court or the imposition of a penalty.revocation of bankruptcy art. 171bis 1 if the bankruptcy proceedings are revoked (art. 195 deba191), the authorities responsible may waive any prosecution, referral to court or the imposition of any penalties.2 if a judicial composition agreement is concluded, paragraph 1 above applies only if the debtor or the third party in terms of article 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of the agreement.191 sr 281.14. general provisions art. 172192 192 repealed by no ii 3 of the fa of 13 dec. 2002, with effect from 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).art. 172bis193 193 repealed by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).minor offences against property art. 172ter 1 where the offence relates only to a minor asset value or where only a minor loss is incurred, the offender shall be liable on complaint to a fine.2 this provision does not apply to aggravated theft (art. 139 para. 2 and 3), robbery or extortion.title three: offences against personal honour and in breach of secrecy or privacy194 194 amended by no i of the fa of 20 dec. 1968, in force since 1 may 1969 (as 1969 319 322; bbl 1968 i 585).1. offence against personal honour defamation art. 173195 1. any person who in addressing a third party, makes an accusation against or casts suspicion on another of dishonourable conduct or of other conduct that shall be liable to damage another's reputation,any person who disseminates such accusations or suspicions,shall be liable on complaint to a monetary penalty.1962. if the accused proves that the statement made or disseminated by him corresponds to the truth or that he had substantial grounds to hold an honest belief that it was true, he is not liable to a penalty.3. the accused is not permitted to lead evidence in support of and is criminally liable for statements that are made or disseminated with the primary intention of accusing someone of disreputable conduct without there being any public interest or any other justified cause, and particularly where such statements refer to a person's private or family life.4. if the offender recants his statement, the court may impose a more lenient penalty or no penalty at all.5. if the accused is unable to prove the truth of his statement, or if it is shown to be untrue, or if the accused recants his statement, the court must state this in its judgment or in another document.195 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 i 1249).196 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).wilful defamation art. 174 1. a person in addressing a third party, and knowing his allegations to be untrue, makes an accusation against or casts suspicion on another of dishonourable conduct, or of other conduct that shall be liable to damage another's reputation,any person who disseminates such accusations or suspicions, knowing them to be untrue,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2. if the offender has acted systematically to undermine the good reputation of another, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.1973. if the offender recants his statement before the court on the grounds that it is untrue, the court may impose a more lenient penalty. the court must provide the person harmed with a document confirming the recantation.197 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).defamation of a deceased person or of a person missing presumed dead art. 175 1 if the defamation, whether wilful or not, is directed at a person who is deceased or who has been declared missing presumed dead, the relatives of the deceased person or the person missing presumed dead are entitled to apply for prosecution.2 no offence is committed if, at the time of the statement being made, the deceased person has been dead or the missing person missing for more than 30 years.general provision art. 176 verbal defamation, whether wilful or not, is regarded as the equivalent of defamatory statements made in writing, in pictures, by gestures or in any other manner.insult art. 177 1 any person who attacks the honour of another verbally, in writing, in pictures, through gestures or through acts of aggression shall be liable on complaint to a monetary penalty not exceeding 90 daily penalty units.1982 if the insulted party has directly provoked the insult by improper behaviour, the court may dispense with imposing a penalty on the offender.3 if there is an immediate response to the insult by way of a retaliatory insult or act of aggression, the court may dispense with imposing a penalty on either or both offenders.198 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).limitation art. 178 1 the right to prosecute misdemeanours against personal honour is subject to a limitation period of four years.1992 article 31 applies to the expiry of the right to file a complaint.200199 amended by no i of the fa of 22 march 2002 (limitation of the right to prosecute), in force since 1 oct. 2002 (as 2002 2986 2988; bbl 2002 2673 1649).200 amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).2.201 offences in breach of privacy or secrecy 201 amended by no i of the fa of 20 dec. 1968, in force since 1 may 1969 (as 1969 319 322; bbl 1968 i 585).breach of the privacy of a sealed document art. 179 any person who without authority opens a sealed document or sealed mail in order to obtain knowledge of its content,any person who disseminates or makes use of information he has obtained by opening a sealed document or sealed mail that was not intended for him,shall be liable on complaint to a fine.listening in on and recording the conversations of others art. 179bis 202 any person who by using a listening device and without the permission of all those participating, listens in on a private conversation between other persons, or records such a conversation on a recording device,any person who makes use of information that he knows or must assume has come to his knowledge as the result of an offence under the above paragraph or makes such information known to a third party,any person who stores or allows a third party access to a recording that he knows or must assume has been made as the result of an offence under paragraph 1 above,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.202 inserted by no i of the fa of 20 dec. 1968, in force since 1 may 1969 (as 1969 319 322; bbl 1968 i 585).unauthorised recording of conversations art. 179ter 203 any person who, as a participant in a private conversation, records the conversation on a recording device without the permission of the other participants,any person who stores or makes use of a recording, makes the recording available or discloses its content to a third party when he knows or must assume that the recording has been made as the result of an offence under paragraph 1 above,shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.204203 inserted by no i of the fa of 20 dec. 1968, in force since 1 may 1969 (as 1969 319 322; bbl 1968 i 585).204 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).breach of secrecy or privacy through the use of an image-carrying device art. 179quater 205 any person who observes with a recording device or records with an image-carrying device information from the secret domain of another or information which is not automatically accessible from the private domain of another,any person who makes use of information or makes information known to a third party, which he knows or must assume has been produced as a result of an offence under paragraph 1 above,any person who stores or allows a third party access to a recording that he knows or must assume has been made as the result of an offence under paragraph 1 above,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.205 inserted by no i of the fa of 20 dec. 1968, in force since 1 may 1969 (as 1969 319 322; bbl 1968 i 585).legal recordings art. 179quinquies 206 1 persons who as participants in the conversation or subscribers to a participating line record calls:a. with the emergency, rescue or security services; orb. in the course of business that have orders, assignments, reservations and similar transactions as their subject matter.are not liable to a penalty under article 179bis paragraph 1 or article 179ter paragraph 1.2 article 179bis paragraphs 2 and 3 and 179ter paragraph 2 apply by analogy to the use of recordings in accordance with paragraph 1 above.206 inserted by no i of the fa of 20 dec. 1968 (as 1969 319; bbl 1968 i 585). amended by no i of the fa of 3 oct. 2003, in force since 1 march 2004 (as 2004 823 824; bbl 2001 2632 5816).marketing and promotion of devices for unlawful listening or sound or image recording art. 179sexies 207 1. any person who manufactures, imports, exports, acquires, stores, possesses, transports, passes on to another, sells, leases, lends or in any other manner markets, promotes or provides instruction on the manufacture of technical devices which are in particular intended for unlawful listening or the unlawful making of sound or image recordings,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. if the offender acts on behalf of a third party, that third party shall be liable to the same penalty as the offender provided he was aware that the offence was being committed and failed to use his best efforts to prevent the commission of the offence.if the third party is a legal entity, a general or limited partnership or a sole proprietorship208, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.207 inserted by no i of the fa of 20 dec. 1968, in force since 1 may 1969 (as 1969 319 322; bbl 1968 i 585).208 terminological amendment relevant only to the german text.misuse of a telecommunications installation art. 179septies 209 any person who uses a telecommunications installation maliciously or mischievously in order to cause distress to or harass another, shall be liable on complaint to a fine.209 inserted by no i of the fa of 20 dec. 1968 (as 1969 319; bbl 1968 i 585). amended by annex no 2 of the telecommunications act of 30 april 1997, in force since 1 jan. 1998 (as 1997 2187; bbl 1996 iii 1405).official surveillance, exempted acts art. 179octies 210 1 any person who, in the exercise of express statutory powers, orders or carries out the surveillance of the post or telecommunications of another or makes use of technical surveillance devices (art. 179bis ff.) does not commit an offence provided that the approval of the appropriate court is obtained without delay.2 the requirements for the surveillance of post or telecommunications and the procedure therefor is governed by the federal act of 6 october 2000211 on the surveillance of post and telecommunications.210 inserted by no vii of the fa of 23 march 1979 on the protection of personal privacy (as 1979 1170; bbl 1976 i 529 ii 1569). amended by annex no 1 of the fa of 6 oct. 2000 on the surveillance of post and telecommunications, in force since 1 jan. 2002 (as 2001 3096; bbl 1998 4241).211 [as 2001 3096, 2003 2133 annex no 18 3043 no i 2, 2004 2149 3693, 2006 2197 annex no 84 5437 art. 2 no 3, 2007 921 annex no 3 5437 annex no ii 7, 2010 1881 annex 1 no ii 26 3267 annex no ii 14, 2012 3745 annex no 7, 2017 4095 annex no ii 12. as 2018 117]. see now: the fa of 18 march 2016 (sr 780.1).obtaining personal data without authorisation art. 179novies 212 any person who without authorisation obtains from a data collection personal data or personality profiles that are particularly sensitive and that are not freely accessible shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.212 inserted by annex no 4 of the fa of 19 june 1992 on data protection, in force since 1 july 1993 (as 1993 1945; bbl 1988 ii 413).title four: felonies and misdemeanours against liberty threatening behaviour art. 180 1 any person who places another in a state of fear and alarm by making a serious threat shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 the offender is prosecuted ex officio if he:a. is the spouse of the victim and the threat was made during the marriage or within one year of divorce; orabis.213 is the registered partner of the victim and the threat was made during the registered partnership or within one year of its dissolution; orb. is the heterosexual or homosexual partner of the victim, provided they are cohabiting for an unlimited period and the threat was made during this time or within one year of separation.214213 inserted by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).214 inserted by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).coercion art. 181 any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.forced marriage, forced registered partnership art. 181a215 1 any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to enter into a marriage or to have a same-sex partnership registered shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 any person who commits the foregoing offence abroad but is now in switzerland and is not being extradited shall be liable to the same penalty. article 7 paragraphs 4 and 5 apply.215 inserted by no i 6 of the fa of 15 june 2012 on measures against forced marriages, in force since 1 july 2013 (as 2013 1035; bbl 2011 2185).trafficking in human beings art. 182216 1 any person who as a supplier, intermediary or customer engages in the trafficking of a human being for the purpose of sexual exploitation, exploitation of his or her labour or for the purpose of removing an organ shall be liable to a custodial sentence or to a monetary penalty. the soliciting of a person for these purposes is equivalent to trafficking.2 if the victim is a minor217 or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year.3 in every case, a monetary penalty must also be imposed.4 any person who commits the act abroad is also guilty of an offence. articles 5 and 6 apply.216 amended by art. 2 no 1 of the federal decree of 24 march 2006 on the approval and implementation of the optional protocol of 25 may 2000 to the convention on the rights of the child, on the sale of children, child prostitution and child pornography, in force since 1 dec. 2006 (as 2006 5437 5440; bbl 2005 2807).217 as 2012 7501false imprisonment and abduction art. 183218 1. any person who unlawfully arrests or holds another prisoner or otherwise unlawfully deprives another of his liberty,any person who, by the use of force, false pretences or threats, abducts another,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. any person who abducts a person who is incapable of judgement or resistance or who is under the age of sixteen, shall be liable the same penalty.218 amended by no i of the fa of 9 oct. 1981, in force since 1 oct. 1982 (as 1982 1530 1534; bbl 1980 i 1241).aggravating circumstances art. 184219 the penalty for false imprisonment and abduction is a custodial sentence of not less than one year,if the offender attempts to obtain a ransom,if he treats the victim with cruelty,if the deprivation of liberty lasts for a period in excess of ten days orif the health of the victim is seriously endangered.219 amended by no i of the fa of 9 oct. 1981, in force since 1 oct. 1982 (as 1982 1530 1534; bbl 1980 i 1241).hostage taking art. 185220 1. any person who deprives another of his liberty, or abducts or otherwise seizes another in order to coerce a third party to carry out an act, abstain from carrying out an act or tolerate an act,any person who exploits a situation created in the foregoing manner by another in order so to coerce a third party,shall be liable to a custodial sentence of not less than one year .2. the penalty is a custodial sentence of not less than three years if the offender threatens to kill or seriously injure the victim or to treat the victim with cruelty.3. in particularly serious cases, and in particular if the act involves several victims, the offender shall be liable to a custodial sentence of life.4. if the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (art. 48a).2215. any person who commits the offence abroad is also liable to the foregoing penalties provided he is arrested in switzerland and not extradited. article 7 paragraphs 4 and 5 apply.222220 amended by no i of the fa of 9 oct. 1981, in force since 1 oct. 1982 (as 1982 1530 1534; bbl 1980 i 1241).221 amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).222 second sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).enforced disappearance art. 185bis 223 1 any person who with the intention of removing a person from the protection of the law for a prolonged period of time:a. on behalf of or with the acquiescence of a state or political organisation, deprives that person of their liberty, and thereafter refuses to give information as to their fate or whereabouts; orb. on behalf of or with the acquiescence of a state or political organisation or in violation of a legal duty refuses to give information as to the fate or whereabouts of the person concerned.shall be liable to a custodial sentence of not less than one year.2 any person who commits the offence abroad is also liable to the foregoing penalty provided they are now in switzerland and are not extradited. article 7 paragraphs 4 and 5 apply.223 inserted by annex 2 no 1 of the federal decree of 18 dec. 2015 on the approval and implementation of the international convention for the protection of all persons from enforced disappearance, in force since 1 jan. 2017 (as 2016 4687; bbl 2014 453).unlawful entry art. 186 any person who, against the will of the lawful occupants enters a building, an apartment, a self-contained room within a building, an enclosed area, courtyard or garden forming a direct part of a building, or a clearly demarcated workplace or, despite requests from the lawful occupants to leave, remains in such a location, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.title five:224 offences against sexual integrity 224 amended by no 1 of the fa of 21 june 1991, in force since 1 oct. 1992 (as 1992 1670 1678; bbl 1985 ii 1009).1. endangering the development of minors sexual acts with children art. 187 1. any person who engages in a sexual act with a child under 16 years of age, or,incites a child to commit such an activity, orinvolves a child in a sexual act,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. no penalty may be imposed if the difference in age between the persons involved is three years or less.3. if the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, or if the child is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.2254. if the offender acts under the misconception that the child is 16 years of age or older, but he would not have made this error had he exercised due care, the penalty is a custodial sentence not exceeding three years or a monetary penalty.5. .2266. .227225 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).226 repealed by no i of the fa of 21 march 1997, with effect from 1 sept. 1997 (as 1997 1626; bbl 1996 iv 1318 1322).227 inserted by no i of the fa of 21 march 1997 (as 1997 1626; bbl 1996 iv 1318 1322). repealed by no i of the fa of 5 oct. 2001 (limitation of right to prosecute in general and in cases of sexual offences against children), with effect from 1 oct. 2002 (as 2002 2993; bbl 2000 2943).sexual acts with dependent persons art. 188 1. any person who commits a sexual act by exploiting his or her relationship with a minor over the age of 16 who is dependent on him due to a relationship arising from the minor's education, care or employment or another form of dependent relationship,any person who encourages such a minor to commit a sexual act by exploiting such a relationship,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. if the minor is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.228228 amended by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).2. offences against sexual liberty and honour indecent assault art. 189 1 any person who uses threats, force or psychological pressure on another person or makes that other person incapable of resistance in order to compel him or her to tolerate a sexual act similar to intercourse or any other sexual act shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.2 .2293 if the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.230229 repealed by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), with effect from 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).230 amended by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).rape art. 190 1 any person who forces a person of the female sex by threats or violence, psychological pressure or by being made incapable of resistance to submit to sexual intercourse shall be liable to a custodial sentence of from one to ten years.2 .2313 if the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.232231 repealed by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), with effect from 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).232 amended by no i of the fa of 3 oct. 2003 (prosecution of offences within marriage or registered partnerships), in force since 1 april 2004 (as 2004 1403 1407; bbl 2003 1909 1937).sexual acts with persons incapable of judgement or resistance art. 191 any person who, in the knowledge that another person is incapable of judgement or resistance, has sexual intercourse with, or commits an act similar to sexual intercourse or any other sexual act on that person shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.sexual acts with persons in institutional care, prisoners and persons on remand art. 192 1 any person who, by abusing a dependent relationship with a person in institutional care, an inmate of an institution, a prisoner, a detainee or a person on remand, induces the dependent person to commit or submit to a sexual act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 if the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.233233 amended by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).exploitation of a person in a position of need or dependency art. 193 1 any person who induces another to commit or submit to a sexual act by exploiting a position of need or a dependent relationship based on employment or another dependent relationship shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 if the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.234234 amended by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).indecent conduct art. 194 1 any person who engages in an act of indecent conduct shall be liable on complaint to a monetary penalty.2352 if the offender undergoes medical treatment, the criminal proceedings may be suspended. they may be resumed if the offender refuses to continue treatment.235 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).3. exploitation of sexual acts encouraging prostitution art. 195236 any person who a. induces a minor into prostitution or encourages a minor in his or her prostitution with the intention of securing a financial advantageb. induces a person into prostitution by exploiting his or her dependence or a financial advantage,c. restricts the freedom to act of a prostitute by supervising him or her in the course of his or her activities or by exercising control over the location, time, volume or other aspects of his or her work as a prostitute or,d. makes a person remain a prostitute against his or her will,shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.236 amended by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).sexual acts with minors against payment art. 196237 any person who carries out sexual acts with a minor or induces a minor to carry out such acts and who makes or promises payment in return shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.237 amended by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).4. pornography art. 197238 1 any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. any person who exhibits in public items or performances as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others shall be liable to a fine. any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence.3 any person who recruits or causes a minor to participate in a pornographic performance shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.4 any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes accessible to others, acquires, or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. if the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty.5 any person who consumes or who for his or her own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding one year or to a monetary penalty. if the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding three years or a monetary penalty.6 in the case offences under paragraphs 4 and 5, the items shall be forfeited.7 if the offender acts for financial gain, the custodial sentence must be combined with a monetary penalty.8 minors over the age of 16 are not liable to any penalty if by mutual consent they produce items or performances as described in paragraph 1 above that involve each other, or possess or consume such items or performances.9 items or recordings as described in paragraphs 1-5 above are not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.238 amended by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).5. contraventions against sexual integrity sexual harassment art. 198 any person who causes offence by performing a sexual act in the presence of another who does not expect it,any person who sexually harasses another physically or through the use of indecent language,shall be liable on complaint to a fine.unauthorised practice of prostitution art. 199 any person who violates the cantonal regulations on the permitted locations or times at which prostitution may be practised or the manner in which it may be practised, or on the prevention of related public nuisance shall be liable to a fine.6. joint commission art. 200 where any person commits an offence under this title jointly with one or more others, the court may increase the penalty imposed, but may not exceed the standard maximum penalty for the offence by more than an additional half. the court, in imposing the penalty, is bound by the statutory maximum penalty for the type offence in question.art. 201-212239 239 these repealed articles have (with the exception of art. 211) been replaced by articles 195, 196, 197, 198, 199 (see commentary on dispatch no 23; bbl 1985 ii 1009). art. 211 has been deleted without replacement.title six: felonies and misdemeanours against the family incest art. 213240 1 any person who has sexual intercourse with a blood relative in direct line or with a brother or sister, or a half-brother or half-sister shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 minors are not liable to any penalty provided they have been induced to commit the act.3 .241240 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).241 repealed by no i of the fa of 5 oct. 2001 (limitation of right to prosecute in general and in cases of sexual offences against children; as 2002 2993; bbl 2000 2943).art. 214242 242 repealed by no i of the fa of 23 june 1989, with effect from 1 oct. 2002 (as 1989 2449; bbl 1985 ii 1009).bigamy art. 215243 any person who marries or enters into a registered same-sex partnership when he is already married or living in a registered same-sex partnership,any person who marries or enters into a registered same-sex partnership with a person who is already married or living in a registered same-sex partnership,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.243 amended by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288).art. 216244 244 repealed by no i of the fa of 23 june 1989, with effect from 1 jan. 1990 (as 1989 2449; bbl 1985 ii 1009).repealed by no i of the fa of 23 june 1989 (as 1989 2449; bbl 1985 ii 1009).neglect of duty to support the family art. 217245 1 any person who fails to fulfil his or her family law duties to provide maintenance or support although he or she has or could have the means to do so, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 the authorities and agencies appointed by the cantons also have the right to file a complaint. in exercising this right, they shall take account of the interests of the family.245 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).art. 218246 246 repealed by no i of the fa of 23 june 1989, with effect from 1 jan. 1990 (as 1989 2449; bbl 1985 ii 1009).neglect of duties of care, supervision or education art. 219247 1 any person who violates or neglects his or her duties of supervision and education towards a minor and thus endangers the minor's physical or mental development, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 if the person concerned acts through negligence, a fine may be imposed instead of a custodial sentence or a monetary penalty.248247 amended by no i of the fa of 23 june 1989, in force since 1 jan. 1990 (as 1989 2449 2456; bbl 1985 ii 1009).248 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).abduction of minors art. 220249 any person who removes a minor from or refuses to return a minor to the person holding the right to decide on the minor's place of residence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.249 amended by annex no 4 of the fa of 21 june 2013 (parental responsibility), in force since 1 july 2014 (as 2014 357; bbl 2011 9077).title seven: felonies and misdemeanours constituting a public danger arson art. 221 1 any person who wilfully causes a fire and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence of not less than one year.2 if the offender wilfully endangers the life and limb of others, the penalty is a custodial sentence of not less than three years.3 if the damage caused is minor, the penalty may be reduced to a custodial sentence of up to three years or to a monetary penalty.negligent arson art. 222 1 any person who causes a fire through negligence and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 if the offender through negligence endangers the life and limb of others, the penalty is a custodial sentence not exceeding three years or a monetary penalty.causing an explosion art. 223 1. any person who wilfully causes an explosion involving gas, petrol, paraffin or a similar substance and thus knowingly endangers the life and limb or property of others shall be liable to a custodial sentence of not less than one year. if only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.misuse of explosives and toxic gases with criminal intent art. 224 1 any person who wilfully and with criminal intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence of not less than one year.2 if only an insignificant danger to property is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.misuse of explosives or toxic gases without criminal intent or through negligence art. 225 1 any person who wilfully but without criminal intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 in minor cases, a fine may be imposed.manufacture, concealment and transport of explosives and toxic gases art. 226 1 any person who manufactures explosives or toxic gases that he knows or must assume are intended to be used to commit a felony shall be liable to a custodial sentence of at least six months and no more than ten years.2502 any person who procures, passes on to another, accepts from another, safeguards, conceals or transports explosives, toxic gases or substances suitable for their manufacture shall be liable, if he knows or must assume that they are intended to be used to commit a felony, to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units251.3 any person who instructs another person on how to manufacture explosives or toxic gases when he knows or must assume that that person is planning to use the explosives or toxic gases to commit a felony shall be liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units.250 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).251 term in accordance with no ii 1 para. 14 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.causing danger by means of nuclear energy, radioactivity or ionising radiation art. 226bis 252 1 any person who wilfully causes serious danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation shall be liable to a custodial sentence or a monetary penalty. a custodial sentence must be combined with a monetary penalty.2 if the offender acts through negligence, he shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. a custodial sentence must be combined with a monetary penalty.252 inserted by annex no ii 2 of the nuclear energy act of 21 march 2003, in force since 1 feb. 2005 (ro 2004 4719; bbl 2001 2665).preparatory offences art. 226ter 253 1 any person who systematically carries out specific technical or organisational preparations for acts intended to cause danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation of substantial value shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. a custodial sentence must be combined with a monetary penalty.2 any person who manufactures, procures, passes on to another, accepts from another, stores, conceals or transports radioactive substances, equipment, apparatus or articles that contain radioactive substances or may emit ionising radiation shall be liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding ten years or to a monetary penalty. a custodial sentence must be combined with a monetary penalty.3 any person who instructs another person on how to manufacture such substances, equipment, apparatus or articles shall be liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding five years or to a monetary penalty. a custodial sentence must be combined with a monetary penalty.253 inserted by annex no ii 2 of the nuclear energy act of 21 march 2003, in force since 1 feb. 2005 (ro 2004 4719; bbl 2001 2665).causing a flood, collapse or landslide art. 227 1. any person who wilfully causes a flood, the collapse of a structure or a landslide or rock fall and thus knowingly endangers the life and limb of people or the property of others shall be liable to a custodial sentence of not less than one year.if only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.criminal damage to electrical installations, and hydraulic or protective structures art. 228 1. any person who wilfully damages or destroys electrical installations, hydraulic structures such as dams, weirs, dikes, and floodgates, structures erected to provide protection against natural forces such as landslides or avalanches, and thus knowingly endangers the life and limb of people or the property of others, shall be liable to a custodial sentence of not less than one year.if only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.violation of construction regulations art. 229 1 any person engaged in the management or execution of construction or demolition work who wilfully disregards the accepted rules of construction and as a result knowingly endangers the life and limb of others shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. the custodial sentence must be combined with a monetary penalty. 2 if the offender disregards the accepted rules of construction through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.removal or non-installation of safety devices art. 230 1. any person who wilfully damages, destroys, removes, otherwise renders unusable or deactivates a safety device which serves to prevent accidents in a factory or other commercial premises or on a machine, who wilfully fails to install such a device in violation of the regulations,and thus knowingly endangers the life and limb of other people,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. the custodial sentence must be combined with a monetary penalty.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.title eight: felonies and misdemeanours against public health causing danger by means of genetically modified or pathogenic organisms art. 230bis 254 1 any person who wilfully releases genetically modified or pathogenic organisms or the disrupts the operation of a facility for the research into, or the safeguarding, production or transport of such organisms shall be liable to a custodial sentence not exceeding ten years, provided he knows or must assume that through his acts:a. he will endanger the life and limb of people; orb. the natural composition of communities of animals and plants or their habitats will be seriously endangered.2 if the offender acts through negligence, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.254 inserted by annex no 1 of the gene technology act of 21 march 2003, in force since 1 jan. 2004 (ro 2003 4803; bbl 2000 2391).transmission of human diseases art. 231255 1. any person who maliciously transmits a dangerous communicable human disease shall be liable to a custodial sentence of from one to five years.255 amended by art. 86 no 1 of the epidemics act of 28 sept. 2012, in force since 1 jan. 2016 (as 2015 1435; bbl 2011 311).transmission of an epizootic disease art. 232 1. any person who wilfully causes the transmission of an epizootic disease among domestic animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.if the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.propagation of harmful parasites art. 233 1. any person who wilfully propagates a parasite or micro-organism that constitutes a danger to agriculture or forestry, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.if the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.contamination of drinking water art. 234 1 any person who wilfully contaminates drinking water intended for people or domestic animals with substances that are damaging to health shall be liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units.2 if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.production of harmful animal feed art. 235 1. any person who wilfully produces or treats animal feed or feedstuffs for domestic animals in such a way that they constitute a danger to the health of animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.if the offender carries on a commercial operation to produce or treat animal feed that is harmful to animals, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than 30 daily penalty units. a custodial sentence must be combined with a monetary penalty.256 in such cases, public notice is given of the conviction.2. if the person concerned acts through negligence, the penalty is a fine.3. the products are forfeited. they may be rendered harmless or destroyed.256 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).marketing of harmful animal feed art. 236 1 any person who wilfully imports, stores, offers for sale or markets animal feed or animal feedstuffs that constitute a danger to animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. public notice is given of the conviction.2 if the person concerned acts through negligence, the penalty is a fine.3 the products are forfeited. they may be rendered harmless or destroyed.felonies and misdemeanours against public traffic disruption of public traffic art. 237 1. any person who wilfully obstructs, disrupts or endangers public traffic, in particular traffic on the roads, on water or in the air and as a result knowingly causes danger to the life and limb of other people shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.if the offender thus knowingly endangers the life and limb of a large number of people, a custodial sentence of from one to ten years may be imposed.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.disruption of rail traffic art. 238 1 any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision shall be liable to a custodial sentence or to a monetary penalty257.2 if the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.257 term in accordance with no ii 1 para. 15 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.disruption of public services art. 239 1. any person who wilfully obstructs, disrupts or endangers the operation of a public service and in particular the railway, postal, telegraphic or telephone services,any person who wilfully obstructs, disrupts or endangers the operation of a public utility or installation which provides water, light, power or heat,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.title ten: counterfeiting of money, official stamps, official marks, weights and measures counterfeiting money art. 240 1 any person who counterfeits coins, paper money or banknotes in order to pass these off as genuine shall be liable to a custodial sentence of not less than one year.2 in particularly minor cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty.3 the offender is also liable to the foregoing penalties if he committed the act abroad, has entered switzerland and is not being extradited, provided the act is also an offence at the place of commission.falsification of money art. 241 1 any person who alters coins, paper money or bank notes in order to pass these off at a value higher than their true value shall be liable to a custodial sentence of at least six months and no more than five years.2582 in particularly minor cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty.258 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).passing or tendering counterfeit money art. 242 1 any person who passes or tenders counterfeit or falsified coins, paper money or bank notes as genuine money shall be liable to a custodial sentence not exceeding three years or to a monetary penalty259.2 if the offender, the person instructing him or his agent accepted the coins or banknotes on the understanding that they were genuine or not falsified, the penalty is a custodial sentence not exceeding three years or a monetary penalty.259 term in accordance with no ii 1 para. 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.imitation of bank notes, coins or official stamps without intent to commit forgery art. 243260 1 any person who, without the intention of committing the offence of forgery, reproduces or imitates bank notes and thus creates the risk that persons or machines will confuse such notes with genuine notes, in particular if the overall appearance, one side or the greater part of one side of a bank note reproduces or imitates a material and a size that is identical or similar to the material and size of the original,any person who, without the intention of committing the offence of forgery, produces objects which in their appearance, weight and size are similar to coins in circulation, or which show the nominal value or other characteristics of coins which have been officially struck, and thus creates the risk that persons or machines will confuse such coins with coins which are in circulation,any person who, without the intention of committing the offence of forgery reproduces or imitates official stamps and thus creates the risk that such stamps will be confused with genuine stamps,any person who imports, offers or puts into circulation such objects articles,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2612 if the person concerned acts through negligence, he shall be liable to a fine.262260 amended by annex no 3 of the fa of 22 dec. 1999 on currency and payment instruments, in force since 1 may 2000 (as 2000 1144; bbl 1999 7258).261 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).262 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).import, acquisition and storage of counterfeit money art. 244 1 any person who imports, acquires or stores counterfeit or falsified coins, paper money or bank notes in order to pass these off as genuine or non-falsified shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2632 any person who imports, acquires or stores such money on a large scale shall be liable to a custodial sentence of from one to five years.263 amended by annex no 3 of the fa of 22 dec. 1999 on currency and payment instruments, in force since 1 may 2000 (as 2000 1144; bbl 1999 7258).forgery of official stamps art. 245 1. any person who forges or falsifies official stamps, and in particular postage stamps, revenue stamps or fee stamps, in order to pass these off as genuine or non-falsified,any person who gives cancelled official value stamps the appearance of being valid in order to pass them off as such,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.the offender is also liable to the foregoing penalties if he committed the act abroad, has entered switzerland and is not being extradited, provided the act is also an offence at the place of commission.2. any person who passes off forged, falsified or cancelled official stamps as genuine, non-falsified or valid shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.forgery of official marks art. 246 any person who forges or falsifies an official mark which the authorities affix to an object to confirm the result of an inspection or the granting of approval such as hallmarks, or marks stamped on goods by meat inspectors, marks stamped by the federal office for customs and border security, with the intention of passing the mark off as genuine,264any person who passes off such forged or falsified marks as genuine or non-falsified,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.264 amended by no i 6 of the o of 12 june 2020 on the amendment of legislation as a consequence of the change in the name of the federal customs administration as part of its further development, in force since 1 jan. 2022 (as 2020 2743).counterfeiting equipment and unlawful use of equipment art. 247 any person who constructs or acquires equipment for the forgery or falsification of coins, paper money, bank notes or official stamps in order to make unlawful use of such equipment, any person who makes unlawful use of equipment which is used for the production of coins, paper money, bank notes or official stamps,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.falsification of weights and measures art. 248 any person who, in order to deceive others in trade or commerce, attaches a false calibration mark to weights and measures, scales or other measuring instruments or falsifies an existing calibration mark,makes alterations to weights and measures, scales or other measuring instruments, ormakes use of forged or falsified weights and measures, scales or other measuring instruments,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.forfeiture art. 249265 1 forged or falsified coins, paper money, banknotes, official stamps, official marks, weights and measures, scales or other measuring instruments as well as the counterfeiting equipment is forfeited and rendered unusable or destroyed.2 banknotes, coins or official stamps that have been reproduced, imitated or produced without the intent to commit forgery, but which create a risk of confusion, are also forfeited and rendered unusable or destroyed.265 amended by annex no 3 of the fa of 22 dec. 1999 on currency and payment instruments, in force since 1 may 2000 (as 2000 1144; bbl 1999 7258).foreign currency and stamps art. 250 the provisions this title also apply in the case of foreign coins, paper money, banknotes and stamps.title eleven: forgery forgery of a document art. 251266 1. any person who with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself or another,produces a false document, falsifies a genuine document, uses the genuine signature or mark of another to produce a false document, falsely certifies or causes to be falsely certified a fact of legal significance or,makes use of a false or falsified document in order to deceive,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. in particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty may be imposed.266 amended by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).forgery of certificates art. 252267 any person who with the intention of furthering his own position or that of another,forges or falsifies identity documents, references, or certificates, uses such a document in order to deceive another,or uses a genuine document of this nature but which does not apply to him in order to deceive another,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.267 amended by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).obtaining a false certificate by fraud art. 253 any person who by fraudulent means causes a public official or a person acting in an official capacity to certify an untrue fact of substantial legal significance, and in particular to certify a false signature or an incorrect copy as genuine, orany person who makes use of a document obtained by fraud in this way in order to deceive another as to the fact certified therein,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.suppression of documents art. 254 1 any person who damages, destroys, conceals or misappropriates a document over which he has no exclusive right of disposal, with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 the suppression of documents to the detriment of a relative or family member is prosecuted only on complaint.official foreign documents art. 255 articles 251-254 also apply to official foreign documents.moving of boundary markers art. 256 any person who, with the intention of causing financial loss or damaging the rights of another or of obtaining an unlawful advantage for himself or another, removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.removal of survey points and water level indicators art. 257 any person who removes, moves, renders unrecognisable or falsely positions a public survey point or water level indicator shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.title twelve: felonies and misdemeanours against public order causing fear and alarm among the general public art. 258268 any person who causes fear and alarm among the general public by threatening or feigning a danger to life, limb or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.268 amended by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).public incitement to commit a felony or act of violence art. 259269 1 any person who publicly incites others to commit a felony shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1bis public incitement to commit genocide (art. 264), where the intention is for the act to be carried out exclusively or partly in switzerland, is also an offence if the incitement occurs outside switzerland.2702 any person who publicly incites others to commit a misdemeanour that involves violence against other persons or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.269 amended by no i of the fa of 9 oct. 1981, in force since 1 oct. 1982 (as 1982 1530 1534; bbl 1980 i 1241).270 inserted by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).rioting art. 260 1 any person who takes part in a riotous assembly in public in the course of which acts of violence are committed against persons and property by the use of united force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 participants who remove themselves when officially ordered to do so are not held to have committed an offence if they have not used violence or encouraged others to do so.acts preparatory to the commission of an offence art. 260bis 271 1 any person who, in accordance with a plan, carries out specific technical or organisational measures, the nature and extent of which indicate that the offender intends to commit any of the offences listed below shall be liable to a custodial sentence not exceeding five years or to a monetary penalty:a. intentional homicide (art. 111);b. murder (art. 112);c. serious assault (art. 122);cbis.272 female genital mutilation (art. 124);d. robbery (art. 140);e. false imprisonment and abduction (art. 183);f. hostage taking (art. 185);fbis.273 enforced disappearance (art. 185bis);g. arson (art. 221);h. genocide (art. 264);i. crimes against humanity (art. 264a);j. war crimes (art. 264c-264h).2742 if the offender, of his own volition, does not complete the preparatory act, he is not liable to any penalty.3 it is also an offence for any person to carry out a preparatory act abroad, provided it was intended to commit the offences in switzerland. article 3 paragraph 2 applies.275271 inserted by no i of the fa of 9 oct. 1981, in force since 1 oct. 1982 (as 1982 1530 1534; bbl 1980 i 1241).272 inserted by no i of the fa of 30 sept. 2011 in force since 1 july 2012 (as 2012 2575; bbl 2010 5651 5677).273 inserted by annex 2 no 1 of the federal decree of 18 dec. 2015 on the approval and implementation of the international convention for the protection of all persons from enforced disappearance, in force since 1 jan. 2017 (as 2016 4687; bbl 2014 453).274 amended by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).275 wording of the sentence in accordance with no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).criminal or terrorist organisation art. 260ter 276 1 any person who:a. participates in an organisation which pursues the objective of: 1. committing violent felonies or securing a financial gain by criminal means, or2. committing violent felonies aimed at intimidating the population or coercing a state or an international organisation to act or refrain from acting; or whob. supports such an organisation in its activities.shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.2 paragraph 1 letter b does not apply to humanitarian services provided by an impartial humanitarian organisation, such as the international committee of the red cross, in accordance with the common article 3 of the geneva conventions of 12 august 1949277.3 if the offender exercises a decisive influence within the organisation, he or she shall be liable to a custodial sentence of not less than three years.4 the court has the discretion to mitigate the penalty imposed (art. 48a) if the offender makes an effort to foil the activities of the organisation.5 the foregoing penalties also apply to any person who commits the offence outside switzerland provided the organisation carries out or intends to carry out its criminal activities wholly or partly in switzerland. article 7 paragraphs 4 and 5 applies.276 inserted by no i of the fa of 18 march 1994 (as 1994 1614 1618; bbl 1993 iii 277). amended by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).277 sr 0.518.12, 0.518.23, 0.518.42, 0.518.51endangering public safety with weapons art. 260quater 278 any person who sells, hires, gifts, hands over or procures firearms, weapons prohibited by law, essential components of weapons, weapons accessories, ammunition or components of ammunition, although he knows or must assume that the weapons are intended to be used to commit a felony or misdemeanour shall be liable, provided his activities do not constitute a more serious offence, to a custodial sentence not exceeding five years or to a monetary penalty.279278 inserted by art. 41 of the weapons act of 20 june 1997, in force since 1 jan. 1999 (as 1998 2535; bbl 1996 i 1053).279 new designation of criminal penalties in accordance with no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).financing terrorism art. 260quinquies 280 1 any person who collects or provides funds with a view to financing a violent crime that is intended to intimidate the public or to coerce a state or international organisation into carrying out or not carrying out an act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 if the person merely acknowledges the possibility that the funds may be used to finance terrorism, he is not liable to a penalty under this article.3 the act does not constitute the financing of a terrorist offence if it is carried out with a view to establishing or re-establishing a democratic regime or a state governed by the rule of law or with a view to exercising or safeguarding human rights.4 paragraph 1 does not apply if the financing is intended to support acts that do not violate the rules of international law on the conduct of armed conflicts.280 inserted by no i 1 of the fa of 21 march 2003 (financing of terrorism), in force since 1 oct. 2003 (as 2003 3043 3047; bbl 2002 5390).recruiting, training and travelling with a view to committing a terrorist offence art. 260sexies 281 1 any person who, with a view to committing a violent felony aimed at intimidating the population or coercing a state or an international organisation to act or refrain from acting,a. recruits another person to commit or participate in such an offence;b. accepts training or trains others in the manufacture or use of weapons, explosives, radioactive materials, poisonous gases or other devices or dangerous substances for the purpose of committing or participating in the commission of such an offence; orc. travels abroad with the intention of committing, participating in or training for such an offenceshall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 the same penalty shall apply to any person who collects or provides assets with the intention of financing a journey in accordance with paragraph 1 letter c, or any person who organises or recruits others to make such a journey.3 any person who carries out any of the foregoing acts outside switzerland shall also be liable to prosecution if he or she is in switzerland and is not extradited or if the terrorist offence is to be committed in or against switzerland. article 7 paragraphs 4 and 5 apply.281 inserted by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).attack on the freedom of faith and the freedom to worship art. 261 any person who publicly and maliciously insults or mocks the religious convictions of others, and in particularly their belief in god, or maliciously desecrates objects of religious veneration,any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the constitution, orany person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the constitution,shall be liable to a monetary penalty.282282 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).discrimination and incitement to hatred art. 261bis 283 any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation,any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of that person or group of persons,any person who with the same objective organises, encourages or participates in propaganda campaigns,any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity,any person who refuses to provide a service to another on the grounds of that person's race, ethnic origin, religion or sexual orientation when that service is intended to be provided to the general public,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.283 inserted by art. 1 of the fa of 18 june 1993 (as 1994 2887; bbl 1992 iii 269). amended by no i 1 of the fa of 14 dec. 2018 (discrimination and incitement to hatred on the grounds of sexual orientation), in force since 1 july 2020 (as 2020 1609; bbl 2018 3773 5231).disturbing the peace of the dead art. 262 1. any person who desecrates the resting place of a dead person,any person who maliciously disrupts or desecrates a funeral procession or funeral ceremony,any person who desecrates or publicly insults a dead body,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. any person who removes a dead body or part of a dead body or the ashes of a dead person against the will of those entitled thereto shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.committing an offence while in a state of voluntarily induced mental incapacity art. 263 1 any person who is incapable of forming criminal intent as a result of voluntarily induced intoxication through alcohol or drugs, and while in this state commits an act punishable as a felony or misdemeanour shall be liable to a monetary penalty.2842 if the offender has, in this self-induced state, committed an act for which the only penalty is a custodial sentence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.285284 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).285 amended by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).title twelvebis:286 genocide and crimes against humanity 286 inserted by no i of the fa of 24 march 2000 (as 2000 2725; bbl 1999 5327). amended by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).genocide art. 264 1 the penalty is a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a group of persons characterised by their nationality, race, religion or ethnic, social or political affiliation:a. kills members of such a group, or seriously harms them physically or mentally;b. inflicts living conditions on members of such a group that are calculated to bring about its total or partial destruction;c. orders or takes measures that are directed towards preventing births within such a group; ord. forcibly transfers children in such a group to another group or arranges for such children to be forcibly transferred to another groupcrimes against humanity a. intentional homicide b. extermination c. enslavement d. false imprisonment e. enforced disappearance of persons f. torture g. violation of sexual rights h. deportation or forcible transfer i. persecution and apartheid j. other inhumane acts art. 264a 1 the penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population:a. intentionally kills another person;b. intentionally kills a number of persons or intentionally inflicts conditions of life calculated to bring about the destruction of all or part of the population;c. assumes and exercises a right of ownership over a person, in particular in the form of trafficking in persons, sexual exploitation or forced labour;d. severely deprives a person of his or her liberty in violation of the fundamental rules of international law;e. and with the intention of removing a person from the protection of the law for a prolonged period of time:1. on behalf of or with the acquiescence of a state or political organisation, deprives that person of his or her liberty, and thereafter refuses to give information on his or her fate or whereabouts, or2. on behalf of or with the acquiescence of a state or political organisation or in violation of a legal duty refuses to give information on the fate or whereabouts of the person concerned;f. inflicts severe pain or suffering or serious injury, whether physical or mental, on a person in his or her custody or under his or her control;g. rapes a person of the female gender or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person into prostitution or to be sterilised;h. expels or by other coercive acts displaces persons from an area in which they are lawfully present;i. in violation of international law and for political, racist, ethnic, religious, social or other reasons, severely denies or deprives a group of people of fundamental rights in connection with an offence under title twelvebis or title twelveter or for the purpose of the systematic oppression or domination of an ethnic group;j. commits any other act of a comparable seriousness to the felonies mentioned in this paragraph and thereby causes severe pain or suffering or serious injury, whether physical or mental, to a person.2 in especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.3 in less serious cases under paragraph 1 letters c-j, a custodial sentence of not less than one year may be imposed.title twelveter:287 war crimes 287 inserted by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).1. scope of application art. 264b articles 264d-264j apply in connection with international armed conflicts including occupations as well as, unless the nature the offences requires otherwise, in connection with non-international armed conflicts.2. serious violations of the geneva conventions art. 264c 1 the penalty is a custodial sentence of not less than five years for any person who commits a serious violation of the geneva conventions of 12 august 1949288 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the conventions:a. intentional homicide;b. hostage taking;c. causing severe pain or suffering or serious injury, whether physical or mental, in particular by torture, inhuman treatment or biological experiments;d. extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;e. compelling a person to serve in the forces of a hostile power;f. unlawful deportation or transfer or unlawful confinement;g. denying the right to a fair and regular trial before the imposition or execution of a severe penalty.2 acts in terms of paragraph 1 committed in connection with a non-international armed conflict are equivalent to serious violations of international humanitarian law if they are directed against a person or property protected by international humanitarian law.3 in especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.4 in less serious cases under paragraph 1 letters c-g, a custodial sentence of not less than one year may be imposed.288 geneva convention of 12 aug. 1949 for the amelioration of the condition of the wounded and sick in armed forces in the field (ga i), sr 0.518.12; geneva convention of 12 aug. 1949 for the amelioration of the condition of the wounded and sick and shipwrecked members of armed forces at sea (ga ii), sr 0.518.23; geneva convention of 12 aug. 1949 relative to the treatment of prisoners of war (ga iii), sr 0.518.42; geneva convention of 12 aug. 1949 relative to the protection of civilian persons in time of war (ga iv), sr 0.518.51.3. other war crimes a. attacks on civilians and civilian objects art. 264d 1 the penalty is a custodial sentence of not less than three years for any person who in connection with an armed conflict directs an attack:a. against the civilian population as such or against individual civilians not taking direct part in hostilities;b. against personnel, installations, material or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the charter of the united nations of 26 june 1945289, as long as they are entitled to the protection of international humanitarian law;c. against civilian objects, undefended settlements or buildings or demilitarised zones that are not military objectives;d. against medical units, material or vehicles using a distinctive emblem under international humanitarian law or whose protected character is recognisable even without a distinctive emblem, hospitals and places where the sick and wounded are collected;e. against cultural property or persons entrusted with its protection or vehicles for its transport, against buildings dedicated to religion, education, art, science or charitable purposes, provided they are protected by international humanitarian law.2 in especially serious cases of attacks on persons, a custodial sentence of life may be imposed.3 in less serious cases, a custodial sentence of not less than one year may be imposed.289 sr 0.120b. unjustified medical treatment, violation of sexual rights and human dignity art. 264e 1 the penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:a. causes severe pain or suffering or serious injury or danger, whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the state of his or her health and which does comply with generally recognised medical principles;b. rapes a person of the female gender protected by international humanitarian law or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person protected by international humanitarian law into prostitution or to be sterilised;c. subjects a person protected by international humanitarian law to especially humiliating and degrading treatment.2 in especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.3 in less serious cases, a custodial sentence of not less than one year may be imposed.c. recruitment and use of child soldiers art. 264f 1 the penalty is a custodial sentence of not less than three years for any person who enlists a child under the age of fifteen into armed forces or groups or recruiting them for this purpose or using them to participate in armed conflicts.2 in especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed 3 in less serious cases, a custodial sentence of not less than one year may be imposed.d. prohibited methods of warfare art. 264g 1 the penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:a. launches an attack although he knows or must assume that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;b. uses a person protected by international humanitarian law as a human shield in order to influence military operations;c. as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies;d. kills or wounds an enemy combatant treacherously or after he or she has laid down his or her arms or no longer has a means of defence;e. mutilates a dead enemy combatant;f. as the commander orders that no quarter be given or threatens the enemy that no quarter will be given;g. makes improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the united nations, or the distinctive emblems under international humanitarian law;h. as a member of an occupying power, transfers parts of its own civilian population into the territory it is occupying or deports all or parts of the population of the occupied territory within or outside that territory.2 in especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.3 in less serious cases, a custodial sentence of not less than one year may be imposed.e. use of prohibited weapons art. 264h 1 the penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:a. employs poison or poisoned weapons;b. employs biological or chemical weapons, including poisonous or asphyxiating gases, substances and liquids;c. employs bullets which expand or flatten easily or explode in the human body;d. employs weapons primarily designed to cause injury through splinters that cannot be detected by x-ray equipment;e. employs laser weapons primarily designed to cause permanent blindness.2 in especially serious cases, a custodial sentence of life may be imposed4. violation of a ceasefire or peace agreement. offences against a peace negotiator. delayed repatriation of prisoners of war art. 264i the penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who:a. continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way;b. abuses, insults or without reason obstructs an opposing peace negotiator or any of his party;c. without justification delays the repatriation of prisoners of war after conclusion of military operations.5. other violations of international humanitarian law art. 264j the penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who in connection with an armed conflict violates a provision of international humanitarian law other than those mentioned in articles 264c-264i, where such a violation is declared to be an offence under customary international law or an international treaty recognised as binding by switzerland.title twelvequater:290 common provisions for title twelvebis and title twelveter 290 inserted by no i 1 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statue of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).criminal liability of superiors art. 264k 1 a superior who is aware that a subordinate is carrying out or will carry out an act under the title twelvebis or title twelveter and who fails to take appropriate measures to prevent the act shall be liable to the same penalty as the perpetrator of the act. if the superior fails to prevent the act through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.2 a superior who is aware that a subordinate has carried out an act under title twelvebis or title twelveter and who fails to take appropriate measures to ensure the prosecution of the perpetrator of the act shall be liable to a custodial sentence not exceeding three years or a monetary penalty.acting on orders art. 264l a subordinate who, on orders from a superior or on orders of equivalent binding effect, carries out an act under title twelvebis or title twelveter is guilty of an offence if he was aware at the time that the act is an offence.acts carried out abroad art. 264m 1 a person who carries out an act under title twelvebis, title twelveter or article 264k while abroad is guilty of an offence if he is in switzerland and is not extradited to another state or delivered to an international criminal court whose jurisdiction is recognised by switzerland.2 where the victim of the act carried out abroad is not swiss and the perpetrator is not swiss, the prosecution, with the exception of measures to secure evidence, may be abandoned or may be dispensed with provided:a. a foreign authority or an international criminal court whose jurisdiction is recognised by switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court; orb. the suspected perpetrator is no longer in switzerland and is not expected to return there.3 article 7 paragraphs 4 and 5 applies unless the acquittal, or the remission or application of time limits for the execution of the sentence abroad has the aim of protecting the offender from punishment without justification.exclusion of relative immunity art. 264n the prosecution offences under title twelvebis, title twelveter and under article 264k does not require authorisation in accordance with any of the following provisions:a. article 7 paragraph 2 letter b of the criminal procedure code291;b. article 14 and 15 of the government liability act of 14 march 1958292;c. article 17 of the parliament act of 13 december 2002293;d. article 61a of the government and administration organisation act of 21 march 1997294;e. article 11 of the federal supreme court act of 17 june 2005295;f. article 12 of the federal administrative court act of 17 june 2005296;g. article 16 of the patent court act of 20. march 2009297;h. article 50 of the criminal justice authorities act of 19 march 2010298.291 sr 312.0292 sr 170.32293 sr 171.10294 sr 172.010295 sr 173.110296 sr 173.32297 sr 173.41298 sr 173.71title thirteen: felonies and misdemeanours against the state and national security 1. felonies and misdemeanours against the state high treason art. 265 any person who carries out an act with the aim, through the use of violence, of changing the constitution of the confederation299 or of a canton300,of deposing the constitutionally appointed state authorities or rendering them unable to exercise their powers, orof severing an area of swiss territory from the confederation or a part of cantonal territory from a canton,shall be liable to a custodial sentence of not less than one year301.299 sr 101300 sr 131.211/.235301 term in accordance with no ii 1 para. 11 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979). this amendment has been taken into account throughout the second book.attacks on the independence of the confederation art. 266 1. any person who a carries out an act with the aim of,violating or endangering the independence of the confederation orendangering the independence of the confederation by bringing about the interference of a foreign power in federal affairs,shall be liable to a custodial sentence of not less than one year.2.302 any person who enters into a relationship with the government of a foreign state or its agents with the aim of bringing about a war against the confederation shall be liable to a custodial sentence of not less than three years.in serious cases a life sentence may be imposed.302 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).foreign operations and activities directed against the security of switzerland art. 266bis 303 1 any person who with a view to bringing about or supporting foreign operations or activities directed against the security of switzerland, contacts a foreign state, foreign parties, or other foreign organisations or their agents, or issues or disseminates false or distorted information shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 in serious cases, a custodial sentence of not less than one year may be imposed.303 inserted by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 i 1249).diplomatic treason art. 267 1. any person who wilfully makes known or makes accessible to a foreign state or its agents or to the general public a secret, the preservation of which is necessary in the interests of the confederation,304any person who falsifies, destroys, disposes of or steals documents or evidence relating to legal relations between the confederation or a canton and a foreign state and thus endangers the interests of the confederation or the canton, orany person who, as the authorised representative of the confederation, conducts negotiations with a foreign government which are intended to be detrimental to the confederation,shall be liable to a custodial sentence of not less than one year.2. any person who wilfully makes known or makes accessible to the general public a secret, the preservation of which is necessary in the interests of the confederation shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.305 3. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.306304 amended by no i of the fa of 10 oct. 1997, in force since 1 april 1998 (as 1998 852 856; bbl 1996 iv 525).305 inserted by no i of the fa of 10 oct. 1997, in force since 1 april 1998 (as 1998 852 856; bbl 1996 iv 525).306 originally no 2.moving of national boundary markers art. 268 any person who removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker which serves to indicate a national, cantonal or communal boundary shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.violation of swiss territorial sovereignty art. 269 any person forcibly enters swiss territory in violation of international law shall be liable to a custodial sentence or to a monetary penalty.attacks on swiss national emblems art. 270 any person who maliciously removes, damages or acts in an insulting manner towards a swiss national emblem which is displayed by a public authority, and in particular the coat of arms or the flag of the confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.unlawful activities on behalf of a foreign state art. 271307 1. any person who carries out activities on behalf of a foreign state on swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official,any person who carries out such activities for a foreign party or organisation,any person who facilitates such activities,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.3082. any person who abducts another by using violence, false pretences or threats and takes him abroad in order to hand him over to a foreign authority, party or other organisation or to expose him to a danger to life or limb shall be liable to a custodial sentence of not less than one year.3. any person who makes preparations for such an abduction shall be liable to a custodial sentence or to a monetary penalty.307 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).308 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).2. espionage political espionage art. 272309 1. any person who provides political intelligence-gathering services or organises such services in the interest of a foreign state, a foreign party or any other foreign organisation, to the detriment of switzerland or its citizens, inhabitants or organisations,any person who recruits others for or facilitates such services,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. in serious cases, the penalty is a custodial sentence of not less than one year. a serious case is constituted, in particular, where the offender incites activities or makes false reports such that the internal or external security of the confederation is threatened.309 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).industrial espionage art. 273 any person who seeks to obtain a manufacturing or trade secret in order to make it available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, or,any person who makes a manufacturing or trade secret available to an foreign official agency, a foreign organisation, a private enterprise, or the agents of any of these,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year. any custodial sentence may be combined with a monetary penalty.310310 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).military espionage art. 274311 1. any person who conducts, organises, recruits others to conduct or facilitates military intelligence-gathering services on behalf of a foreign state and to the detriment of switzerland,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.in serious cases, a custodial sentence of not less than one year may be imposed.2. any correspondence and materials shall be confiscated.311 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951(as 1951 1 16; bbl 1949 1 1249).3. endangering the constitutional order attacks on the constitutional order art. 275312 any person who carries out an act which is intended to disrupt or alter the constitutional order of the confederation313 or the cantons314 in an unlawful manner shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.312 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).313 sr 101314 sr 131.211/.235subversive propaganda art. 275bis 315 any person who disseminates foreign propaganda which is intended to bring about the violent overthrow of the constitutional order of the confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.315 inserted by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 i 1249).unlawful association art. 275ter 316 any person who founds an association, the aim of which or the activity of which involves the commission of acts that are offences under articles 265, 266, 266bis, 271-274, 275 and 275bis,any person who joins such an association or participates in its activities, andany person who calls for the formation of such an association or follows its instructions,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.316 inserted by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 i 1249).4. disruption of military security incitement and inducement to violate military duties art. 276 1. any person who publicly incites others to disobey military orders, to violate military duties, to refuse to perform military service or to desert, andany person who induces a person obliged to perform military service to carry out such an act,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. where the incitement or inducement relates to mutiny or the preparation for mutiny, the penalty is a custodial sentence or a monetary penalty.forgery of military orders or instructions art. 277 1. any person who wilfully forges, falsifies, suppresses or removes a call-up order, mobilisation order or marching order, or instructions intended for those obliged to perform military service, andany person who makes use of such a forged or falsified order or instruction,shall be liable to a custodial sentence or to a monetary penalty.2. if the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.disruption of military service art. 278 any person who prevents a member of the armed forces from carrying out his military service or obstructs him in the course of his service shall be liable to a monetary penalty.317317 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).title fourteen: misdemeanours against the will of the people disruption and obstruction of elections and votes art. 279 any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts a meeting, election or vote organised under the terms of the constitution or the law, and any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts the collection of signatures for or the handing-over of a petition requesting a referendum or initiative,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.attacks on the right to vote art. 280 any person who by the use of violence or the threat of seriously detrimental consequences prevents a voter from exercising his right to vote or to sign a petition requesting a referendum or initiative, andany person who by the use of violence or the threat of seriously detrimental consequences coerces a voter into exercising his voting rights or into voting in a particular way,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.corrupt electoral practices art. 281 any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative, any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, andany person who as a voter secures the promise of or arranges for himself to be given such an advantage,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.electoral fraud art. 282 1. any person who forges, falsifies, removes or destroys an electoral register,any person who participates in an election or a vote, or signs a request for a referendum or an initiative without authority, andany person who falsifies the results of an election or vote or a petition requesting a referendum or initiative, in particular by adding, altering, omitting, deleting ballot papers or signatures, counting them incorrectly or incorrectly certifying the result,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. if the offender acts in official capacity, the penalty is a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units. the custodial sentence may be combined with a monetary penalty.318318 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).vote catching art. 282bis 319 any person who systematically collects, completes or alters ballot papers, or distributes ballot papers which have been completed or altered in this way shall be liable to a fine.319 inserted by art. 88 no i of the fa of 17 dec. 1976 on political rights, in force since 1 july 1978 (as 1978 688; bbl 1975 i 1317).breach of voting secrecy art. 283 any person who obtains knowledge by unlawful means of how individuals have voted shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.art. 284320 320 repealed by no i of the fa of 18 march 1971, with effect from 1 july 1971 (as 1971 777; bbl 1965 i 561).title fifteen: offences against official powers violence and threats against public authorities and public officials art. 285 1. any person who by the use of violence or threats prevents an authority, one of its members or a public official from carrying out an official act, or coerces them to carry out such an act, or attacks them while they are carrying out such an act shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.321public officials also include employees of undertakings in terms of the railways act of 20 december 1957322, the passenger transport act of 20 march 2009323 and the goods transport act of 19 december 2008324, as well as employees of organisations operating with a licence from the federal office of transport under the federal act of 18 june 2010325 on the security units of public transport companies.2. if the offence is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.326any participant who uses violence against persons or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.327321 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).322 sr 742.101323 sr 745.1324 [as 2009 5597 6019, 2012 5619 no i 5, 2013 1603. as 2016 1845 annex no i 1]. see now: the fa of 25 sept. 2015 (sr 742.41).325 sr 745.2326 amended by art. 11 para. 2 of the fa of 18 june 2010 on the security units of public transport companies, in force since 1 oct. 2011 (as 2011 3961; bbl 2010 891 915).327 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).prevention of an official act art. 286328 any person who prevents a public authority, one of its members or a public official from carrying out an act which is one of their official duties shall be liable to a monetary penalty not exceeding 30 daily penalty units.public officials also include employees of undertakings in terms of the railways act of 20 december 1957329, the passenger transport act of 20 march 2009330 and the goods transport act of 19 december 2008331, as well as employees of organisations operating with a licence from the federal office of transport under the federal act of 18 june 2010332 on the security units of public transport companies.333328 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).329 sr 742.101330 sr 745.1331 [as 2009 5597 6019, 2012 5619 no i 5, 2013 1603. as 2016 1845 annex no i 1]. see now: the fa of 25 sept. 2015 (sr 742.41).332 sr 745.2333 amended by art. 11 para. 2 of the fa of 18 june 2010 on the security units of public transport companies, in force since 1 oct. 2011 (as 2011 3961; bbl 2010 891 915).usurpation office art. 287 any person who with unlawful intention usurps the exercise of an official function or military command shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.art. 288334 334 repealed by no i 1 of the fa of 22 dec. 1999, with effect from 1 may 2000 (revision of the criminal law on corruption; as 2000 1121; bbl 1999 5497).removal of seized property art. 289 any person who removes from official control an item of property which has been officially seized shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.breaking the seals art. 290 any person who breaks open, removes or renders ineffective an official mark and in particular an official seal which is used to close or identify an object shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.breach of an expulsion order art. 291 1 any person who breaches an order issued by a competent authority to expel him from the territory of the swiss confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 the duration the sentence is not taken into account in determining the length of the period of expulsion.contempt official orders art. 292 any person who fails to comply with an official order that has been issued to him by a competent authority or public official under the threat of the criminal penalty for non-compliance in terms of this article shall be liable to a fine.publication of secret official proceedings art. 293 1 any person who publishes information from the files, proceedings or official investigations of a public authority which have been declared secret by that authority by law or by a lawful order issued by the authority shall be liable to a fine.3352 complicity is also a criminal offence.3 the act does not carry a penalty unless publication is contrary to an overriding public or private interest.336335 amended by no i of the fa of 16 june 2017 (publication of official secret proceedings), in force since 1 march 2018 (as 2018 567; bbl 2016 7329 7575).336 inserted by no i of the fa of 10 oct. 1997 (as 1998 852; bbl 1996 iv 525). amended by no i of the fa of 16 june 2017 (publication of official secret proceedings), in force since 1 march 2018 (as 2018 567; bbl 2016 7329 7575).breach of an activity prohibition order or a contact prohibition and exclusion order art. 294337 any person who carries on an activity that he is prohibited from carrying on by a prohibition order under article 67 hereof, article 50 of the military criminal code of 13 june 1927338 (mcc) or article 16a jcla339 shall be liable to a custodial sentence not exceeding one year or monetary penalty.2 any person who contacts or approaches one or more specific persons or persons in a specific group or is present in a specific location when he is prohibited from doing so by a contact prohibition and exclusion order under article 67b hereof, article 50b mcc or article 16a jcla shall be liable to a custodial sentence not exceeding one year or monetary penalty.337 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).338 sr 321.0339 sr 311.1failure to comply with probation assistance or instructions art. 295340 any person who fails to comply with probation assistance ordered by the court or the executive authority or with instructions issued by the court or the executive authority shall be liable to a fine.340 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).title sixteen: offences detrimental to foreign relations insulting a foreign state art. 296341 any person who publicly insults a foreign state in the person of its head of state, the members of its government, its diplomatic representatives, its official delegates to a diplomatic conference taking place in switzerland, or one of its official representatives to an international organisation or department thereof based or sitting in switzerland shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.341 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).insulting an international organisation art. 297342 any person who publicly insults an international organisation or department thereof based or sitting in switzerland in the person of one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.342 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).attacks on the national emblems of a foreign state art. 298 any person who wilfully removes, damages or conducts himself in an insulting manner towards a national emblem of a foreign state, and in particular its coat of arms or flag which is publicly displayed by one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.violation of foreign territorial sovereignty art. 299 1. any person who violates the territorial sovereignty of a foreign state, in particular by conducting official activities without authorisation on foreign territory,any person who enters foreign territory in breach of international law,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. any person who attempts from within swiss territory to disrupt the political order of a foreign state through the use of force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.hostility towards a country at war or foreign troops art. 300 any person who from neutral swiss territory acts in a hostile manner towards or supports hostile acts against a country at war,any person who acts in a hostile manner towards foreign troops who have been admitted to switzerland,shall be liable to a custodial sentence or to a monetary penalty.military espionage against a foreign state art. 301 1. any person who conducts or organises the conduct of military intelligence gathering services on swiss territory for a foreign state against another foreign state, andany person who recruits persons for or facilitates such services,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. any correspondence and other materials are forfeited.prosecution art. 302343 1 felonies and misdemeanours under this title are only prosecuted on the authority of the federal council.2 the federal council shall order a prosecution only if a request to do so is received from the government of the foreign state in the case of article 296 or from a governing officer of the international organisation in the case of article 297. in times of active service, the federal council may also order a prosecution in the absence of a request.3 in the case of articles 296 and 297, the right to prosecute is subject to a limitation period of two years.344343 amended by no i of the fa of 5 oct. 1950, in force since 5 jan. 1951 (as 1951 1 16; bbl 1949 1 1249).344 amended by no i of the fa of 22 march 2002 (limitation of the right to prosecute), in force since 1 oct. 2002 (as 2002 2986 2988; bbl 2002 2673 1649).title seventeen: felonies and misdemeanours against the administration of justice false accusation art. 303 1. any person who makes an accusation to the authorities that a person whom he knows to be innocent has committed a felony or a misdemeanour, with the intention of causing a criminal prosecution to be brought against that person,any person who otherwise carries out malicious acts with the intention of causing a criminal prosecution to be brought against a person whom he knows to be innocent,shall be liable to a custodial sentence or to a monetary penalty.2. if the false accusation relates to a contravention, the penalty is a custodial sentence not exceeding three years or a monetary penalty.misleading the judicial authorities art. 304 1. any person who reports the commission of a criminal offence to the judicial authorities which he knows has not been committed,any person who falsely reports to the judicial authorities that he has himself committed an offence,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. in particularly minor cases, the court may waive the imposition of a penalty.assisting offenders art. 305 1 any person who assists another to evade prosecution, the execution of a sentence, or the execution of any of the measures provided for in articles 59-61, 63 and 64345 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1bis any person who assists a person who is being prosecuted or has been convicted outside switzerland in respect of a felony in accordance with article 101 to evade prosecution or the execution of a custodial sentence or a measure within the meaning of articles 59-61, 63 or 64 in that place shall be liable to the same penalties as in paragraph 1.346 2 the court may waive the imposition of a penalty where the person committing an offence in terms of this article is so closely related to the person receiving his assistance that his conduct is excusable.345 part of sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).346 inserted by no i of the fa of 9 oct. 1981, in force since 1 oct. 1982 (as 1982 1530 1534; bbl 1980 i 1241).money laundering art. 305bis 347 1. any person who carries out an act that is aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets which he knows or must assume originate from a felony or aggravated tax misdemeanour shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.3481bis. an aggravated tax misdemeanour is any of the offences set out in article 186 of the federal act of 14 december 1990349 on direct federal taxation and article 59 paragraph 1 clause one of the federal act of 14 december 1990350 on the harmonisation of direct federal taxation at cantonal and communal levels, if the tax evaded in any tax period exceeds 300 000 francs.3512. in serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty. a custodial sentence is combined with a monetary penalty not exceeding 500 daily penalty units.352a serious case is constituted, in particular, where the offender:a.353 acts as a member of a criminal or terrorist organisation;b. acts as a member of a group that has been formed for the purpose of the continued conduct of money laundering activities; orc. achieves a large turnover or substantial profit through commercial money laundering.3. the offender is also liable to the foregoing penalties where the main offence was committed abroad, provided such an offence is also liable to prosecution at the place of commission.354347 inserted by no i of the fa of 23 march 1990, in force since 1 aug. 1990 (as 1990 1077 1078; bbl 1989 ii 1061).348 amended by no i 4 of the fa of 12 dec. 2014 on the implementation of the 2012 revision of the recommendations of the financial action task force, in force since 1 jan. 2016 (as 2015 1389; bbl 2014 605).349 sr 642.11350 sr 642.14351 inserted by no i 4 of the fa of 12 dec. 2014 on the implementation of the 2012 revision of the recommendations of the financial action task force, in force since 1 jan. 2016 (as 2015 1389; bbl 2014 605). see also the transitional provision to this amendment at the end of the text.352 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).353 amended by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).354 corrected by the drafting committee of the federal assembly (art. 33 parlpa; as 1974 1051).insufficient diligence in financial transactions and right to report 355 355 amended by no i of the fa of 18 march 1994, in force since 1 aug. 1994 (as 1994 1614 1618; bbl 1993 iii 277).art. 305ter 356 1 any person who as part of his profession accepts, holds on deposit, or assists in investing or transferring outside assets and fails to ascertain the identity of the beneficial owner of the assets with the care that is required in the circumstances shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.3572 the persons included in paragraph 1 above are entitled to report to the money laundering reporting office in the federal office of police any observations that indicate that assets originate from a felony or an aggravated tax misdemeanour in terms of article 305bis number 1bis.358356 inserted by no i of the fa of 23 march 1990, in force since 1 aug. 1990 (as 1990 1077 1078; bbl 1989 ii 1061).357 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).358 inserted by no i of the fa of 18 march 1994 (as 1994 1614; bbl 1993 iii 277). amended by no i 4 of the fa of 12 dec. 2014 on the implementation of the 2012 revision of the recommendations of the financial action task force, in force since 1 jan. 2016 (as 2015 1389; bbl 2014 605).perjury by a party to civil proceedings art. 306 1 any person who is a party to civil proceedings and, following an express caution by the judge that he must tell the truth and notification of the penalties for failure to do so, gives false evidence in relation to the case shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 if the offender testifies on oath or affirmation, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than 90 daily penalty units.359359 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).perjury. perjury by an expert witness. false translation art. 307 1 any person who appears in judicial proceedings as a witness, expert witness, translator or interpreter and gives false evidence or provides a false report, a false expert opinion or a false translation in relation to the case shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 if the statement, report, expert opinion or translation is made on oath or affirmation, the penalty is a custodial sentence of at least six months and no more than five years.3603 if the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty.361360 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).361 penalties revised by no ii 1 of the fa of 19 june 2015 (amendment to the law on criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).mitigation of the sentence art. 308 1 if the offender makes his false accusation (art. 303), false report of an offence (art. 304) or testimony (art. 306 and 307) of his own accord and before it has caused any legal detriment to others, the court may reduce the sentence (art. 48a) or waive a penalty.3622 if the offender perjured himself (art. 306 and 307) because by testifying truthfully he or his close relative would risk prosecution, the court may reduce the sentence (art. 48a).363362 last part of sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).363 last part of sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).administrative cases and proceedings before international courts art. 309364 articles 306-308 also apply to:a. the administrative court proceedings, arbitration proceedings and proceedings before public authorities and public officials who are entitled to examine witnesses;b. proceedings before international courts where switzerland recognises their mandatory jurisdiction.364 amended by no i 1 of the fa of 22 june 2001 (offences against the administration of justice before international courts), in force since 1 july 2002 (as 2002 1491 1492; bbl 2001 391).assisting prisoners to escape art. 310 1. any person who by using force, threats or false pretences, frees or assists in the escape of a person under arrest, a convicted prisoner or a person committed to an institution by official order shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. if the act is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. any participants who commits acts of violence against persons or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.365365 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).prison mutiny art. 311 1. convicted prisoners or other persons who have been committed to an institution by official order who form a riotous assembly with the common intentto attack the officers of the institution or other persons entrusted with their supervision,to coerce these persons by force or the threat of force to carry out acts or abstain from carrying out acts, orto break out of the institution by using force,are liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.3662. any participant who commits acts of violence against persons or property shall be liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 90 daily penalty units.367366 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).367 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).title eighteen: offences against official or professional duty abuse of public office art. 312 any member of an authority or a public official who abuses his official powers in order to secure an unlawful advantage for himself or another or to cause prejudice to another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.overcharging of taxes art. 313 any public official who for unlawful gain levies taxes, fees or other charges which are not due or which exceed the statutory rates shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.misconduct in public office art. 314368 any member of an authority or public official who, in the course of a legal transaction and with a view to obtaining an unlawful advantage for himself or another, damages the public interests that he has a duty to safeguard shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. a custodial sentence must be combined with a monetary penalty.369368 amended by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).369 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).art. 315-316370 370 repealed by no i 1 of the fa of 22 dec. 1999, with effect from 1 may 2000 (revision of the criminal law on corruption; as 2000 1121; bbl 1999 5497).forgery of a document by a public official art. 317371 1. any public official or person acting in an official capacity who wilfully forges or falsifies a document or uses the genuine signature or handwriting of another to produce a false document,any public official or person acting in an official capacity who wilfully falsely certifies a fact of legal significance, and in particular falsely certifies the authenticity of a signature or handwriting or the accuracy of a copy,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. if the person concerned acts through negligence, the penalty is a fine.371 amended by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).exempted acts art. 317bis 372 1 any person who, as part of a covert investigation, produces, amends or uses documents with the approval of a court in order to construct or maintain his cover story or produces, amends or uses documents with the authorisation of the federal intelligence service (fis) under article 17 intelsa373 or the authorisation of the head of the federal department of defence, civil protection and sport (ddps) in accordance with article 18 intelsa in order to create or maintain his cover story or assumed identity does not commit an offence under articles 251, 252, 255 and 317.3742 any person who, with authorisation for a covert investigation or as instructed by the competent authority under article 17 or 18 intelsa, produces or amends official documents for the purposes of cover stories or assumed identities does not commit an offence under articles 251, 252, 255 and 317.3753 any person who produces, amends or uses official documents under the federal act of 23 december 2011376 on extra-procedural witness protection does not commit an offence under articles 251, 252, 255 and 317.377372 inserted by art. 24 no 1 of the fa of 20 june 2003 on covert investigations, in force since 1 jan. 2005 (as 2004 1409; bbl 1998 4241). amended by annex no 3 of the fa of 23 dec. 2011, in force since 16 july 2012 (as 2012 3745; bbl 2007 5037, 2010 7841).373 sr 121374 amended by annex no ii 2 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).375 amended by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).376 sr 312.2377 inserted by annex no 3 of the fa of 23 dec. 2011 on extra-procedural witness protection, in force since 1 jan. 2013 (as 2012 6715; bbl 2011 1).issuing a false medical certificate art. 318 1. any doctor, dentist, veterinary surgeon or midwife who wilfully issues a certificate, the content of which is untrue, for the purpose of being produced to the authorities or to obtain an unlawful advantage, or which may prejudice the substantial and lawful interests of third parties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.if the offender has requested, accepted or secured the promise of a special form of recompense, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. if the person concerned acts through negligence, the penalty is a fine.assistance by a public official in the escape of prisoners art. 319 any public official who assists or allows a person under arrest, a convicted prisoner or a person committed to an institution by official order to escape shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.breach official secrecy art. 320 1. any person who discloses secret information that has been confided to him in his capacity as a member of an authority or as a public official or which has come to his knowledge in the execution of his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.a breach official secrecy remains an offence following termination of employment as a member of an authority or as a public official.2. the offender is not liable to any penalty if he has disclosed the secret information with the written consent of his superior authority.breach of professional confidentiality art. 321 1. any person who in his capacity as a member of the clergy, lawyer, defence lawyer, notary, patent attorney, auditor subject to a duty of confidentiality under the code of obligations (co)378, doctor, dentist, chiropractor, pharmacist, midwife, psychologist, nurse, physiotherapist, occupational therapist, dietician, optometrist, osteopath or as an assistant to any of the foregoing persons discloses confidential information that has been confided to him in his professional capacity or which has come to his knowledge in the practice of his profession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.379a student who discloses confidential information that has come to his knowledge in the course of his studies is also liable to the foregoing penalties.a breach of professional confidentiality remains an offence following the termination of professional employment or of the studies.2. the person disclosing the information is not liable to any penalty if he does so with the consent of the person to whom the information pertains or on the basis of written authorisation issued in response to his application by a superior authority or supervisory authority.3. the federal and cantonal provisions on the duties to report and cooperate, the duty to testify and on the obligation to provide information to an authority are reserved.380 378 sr 220379 amended by annex no 1 of the healthcare occupations act of 30 sept. 2016, in force since 1 feb. 2020 (as 2020 57; bbl 2015 8715).380 amended by annex no 1 of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).breach of professional confidentiality in research involving human beings art. 321bis 381 1 any person who discloses without authorisation a professional secret that has come to his knowledge in the course of his research activities involving human beings in accordance with the human research act of 30 september 2011382 shall be liable to a penalty in accordance with article 321.2 professional secrets may be disclosed for the purpose of research into human diseases and concerning the structure and function of the human body if the requirements of article 34 of the human research act of 30 september 2011 are met and authorisation for disclosure has been obtained from the responsible ethics committee.381 inserted by annex no 4 of the fa of 19 june 1992 on data protection (as 1993 1945; bbl 1988 ii 413). amended by annex no 2 of the human research act of 30 sept. 2011, in force since 1 jan. 2014 (as 2013 3215; bbl 2009 8045).382 sr 810.30breach of postal or telecommunications secrecy art. 321ter 383 1 any person who in his capacity as a public official, employee or auxiliary of an organisation providing postal or telecommunications services reveals to a third party details of customers' post, payments or telecommunications, opens sealed mail or tries to find out its content, or allows a third party the opportunity to carry out such an act shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 the foregoing penalties also apply to any person who by deception causes a person bound by a duty of confidentiality in terms of paragraph 1 to breach his obligation of secrecy.3 a breach of postal or telecommunications secrecy remains an offence even after termination of employment as a public official, employee or auxiliary of an organisation providing postal or telecommunication services.4 a breach of postal or telecommunications secrecy does not carry a penalty if it is carried out in order to determine the identity of the entitled person or to prevent loss or damage being occasioned.5 article 179octies is reserved, together with the federal and cantonal provisions on the obligations to give evidence or provide information to a public authority.383 inserted by annex no 2 of the telecommunications act of 30 april 1997, in force since 1 jan. 1998 (as 1997 2187; bbl 1996 iii 1405).breach of the media duty to provide information art. 322384 1 media organisations are obliged, at the request of any person, to reveal immediately and in writing their place of business and the identity of those responsible for their publications (art. 28 para. 2 and 3).3852 newspapers, magazines or periodicals must indicate in an imprint the place of business of their media organisation, significant holdings in other organisations and the editor responsible. if the editor is responsible only for part of the newspaper, magazine or periodical, it must be indicated that he is the editor responsible for that part. details of the editors responsible must be given for each part of the newspaper, magazine or periodical.3 in the event of any violation of the provisions of this article, the manager of the media organisation shall be liable to a fine. if the person indicated as editor (art. 28 para. 2 and 3) does not in fact hold such a position, this also constitutes an offence.386384 amended by no i of the fa of 10 oct. 1997, in force since 1 april 1998 (as 1998 852 856; bbl 1996 iv 525).385 part of sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).386 part of sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).failure to prevent an illegal publication art. 322bis 387 any person who, as the person responsible in terms of article 28 paragraphs 2 and 3, wilfully fails to prevent the publication of material388, the publication of which constitutes an offence shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. if the person concerned acts through negligence, the penalty is a fine.387 inserted by no i of the fa of 10 oct. 1997, in force since 1 april 1998 (as 1998 852 856; bbl 1996 iv 525).388 part of sentence amended by no ii 2 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).title nineteen:389 bribery 389 inserted by no i 1 of the fa of 22 dec. 1999 (revision of the criminal law on corruption), in force since 1 may 2000 (as 2000 1121 1126; bbl 1999 5497).1. bribery of swiss public officials bribery art. 322ter any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces an undue advantage, or offers, promises or gives such an advantage to a third party in order to cause the public official to carry out or to fail to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.acceptance of bribes art. 322quater any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator demands, secures the promise of or accepts an undue advantage for that person or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.granting an advantage art. 322quinquies390 any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator or a member of the armed forces an undue advantage for that person or for a third party in order that the person carries out his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.390 amended by no i of the fa of 25 sept. 2015 (criminal law on corruption), in force since 1 july 2016 (as 2016 1287; bbl 2014 3591).acceptance of an advantage art. 322sexies391 any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator, demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.391 amended by no i of the fa of 25 sept. 2015 (criminal law on corruption), in force since 1 july 2016 (as 2016 1287; bbl 2014 3591).2. bribery of foreign public officials art. 322septies any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces who is acting for a foreign state or international organisation an undue advantage, or gives such an advantage to a third party, in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion,any person who as a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces of a foreign state or of an international organisation demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion392 shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.392 paragraph inserted by art. 2 no 2 of the federal decree of 7 oct. 2005 on the approval and implementation of the criminal law convention and the additional protocol of the council of europe on corruption, in force since 1 july 2006 (as 2006 2371 2374; bbl 2004 6983).3. bribery of private individuals bribery art. 322octies393 1. any person who offers, promises or gives an employee, partner, agent or any other auxiliary of a third party in the private sector an undue advantage for that person or a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 in minor cases, the offence is only prosecuted on complaint.393 amended by no i of the fa of 25 sept. 2015 (criminal law on corruption), in force since 1 july 2016 (as 2016 1287; bbl 2014 3591).accepting bribes art. 322novies 394 1 any person who as an employee, partner, agent or any other auxiliary of a third party in the private sector demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 in minor cases, the offence is only prosecuted on complaint.394 inserted by no i of the fa of 25 sept. 2015 (criminal law on corruption), in force since 1 july 2016 (as 2016 1287; bbl 2014 3591).4. general provisions art. 322decies 395 1 the following are not undue advantages:a. advantages permitted under public employment law or contractually approved by a third party;b. negligible advantages that are common social practice.2 private individuals who fulfil official duties are subject to the same provisions as public officials.395 inserted by no i of the fa of 25 sept. 2015 (criminal law on corruption), in force since 1 july 2016 (as 2016 1287; bbl 2014 3591).title twenty:396 contraventions of federal law 396 originally title 19.failure of a debtor to comply with the regulations governing debt enforcement and bankruptcy proceedings art. 323397 the following persons are liable to a fine:1. a debtor who is not present or has not appointed a representative to be present at the seizure of or the recording of an inventory of his assets of which he has been given lawful notice (art. 91 para. 1 no 1, 163 para. 2 and 345 para. 1398 deba399);2. a debtor who fails to disclose his assets including those not in his possession, or his claims and rights against third parties to the extent required to obtain satisfaction by seizure or to implement an attachment (art. 91 para. 1 para. 2 and 275 deba);3. a debtor who fails to fully disclose his assets including those not in his possession, or his claims and rights against third parties on the recording of an inventory of assets (art. 163 para. 2, 345 para. 1400 deba);4. a debtor who fails to disclose or make available all his assets to the bankruptcy office (art. 222 para. 1 deba);5. a debtor who does not make himself available to the bankruptcy administrator during the bankruptcy proceedings unless he has special permission to be excused this duty (art. 229 para. 1 deba).397 amended by annex no 8 of the fa of 16 dec. 1994, in force since 1 jan. 1997 (as 1995 1227 1307; bbl 1991 iii 1).398 now art. 341 para. 1.399 sr 281.1400 now art. 341 para. 1.failure of third parties to comply with the regulations governing debt collection, bankruptcy and composition proceedings art. 324401 the following persons are liable to a fine:1. any adult person who shared a household with a debtor who is deceased or has absconded and who fails to disclose full details of that debtor's assets and to make themselves available to the bankruptcy office (art. 222 para. 2 deba402);2. any debtor of a bankrupt who fails to report to the bankruptcy office within the time limit (art. 232 para. 2 para. 3 deba);3. any person who possesses items belonging to a debtor as a pledge or for any other reason and fails to deliver such items to the bankruptcy office within the time limit (art. 232 para. 2 para. 4 deba);4. any person who possesses items belonging to a debtor as a pledgee and fails to deliver such items to the liquidators after expiry of the time limit for realisation (art. 324 para. 2 deba);5. any third party who fails to comply with his duty to provide information and to deliver assets in accordance with articles 57a paragraph 1, 91 paragraph 4, 163 paragraph 2, 222 paragraph 4 and 345 paragraph 1403 of the deba.401 amended by annex no 8 of the fa of 16 dec. 1994, in force since 1 jan. 1997 (as 1995 1227 1307; bbl 1991 iii 1).402 sr 281.1403 now art. 341 para. 1.failure to comply with accounting regulations art. 325 any person who wilfully or through negligence fails to comply with the statutory duty to keep proper accounts or to preserve accounts, business correspondence and business telegrams,any person who wilfully or through negligence fails to comply with the statutory duty to preserve accounts, business correspondence and business telegrams,shall be liable to a fine.infringement of the regulations on reporting payments to state bodies art. 325bis 404 a person shall be liable to a fine if he or she wilfully commits any of the following acts:a. provides false information in the report on payments made to state bodies in accordance with article 964d co405 or wholly or partly fails to make the required report;b. fails to comply with the obligation to keep and retain reports on payments to state bodies in accordance with article 964h co.404 inserted by no iii 2 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399).405 sr 220infringement of other reporting obligations art. 325ter 406 1 a person shall be liable to a fine not exceeding 100 000 francs if he or she wilfully commits any of the following acts: a. provides false information in the reports in accordance with articles 964a, 964b und 964l or407 or fails to make the required reports; b. fails to comply with the statutory obligation to retain and document the reports in accordance with articles 964c and 964l co.2 a person who acts through negligence shall be liable to a fine not exceeding 50 000 francs.406 inserted by no iii 2 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399).407 sr 220failure to comply with the regulations governing the protection of tenants of domestic and commercial properties art. 325quater 408 any person who prevents or attempts to prevent a tenant by the threat of detrimental consequences, and in particular the termination of the lease, from contesting the level of rent or other claims of the landlord,any person who serves notice of termination on the tenant because the tenant asserts or wishes to assert his rights under the co409, orany person who unlawfully demands or attempts to demand payment of rent or other claims after the failure of an attempt to reach agreement thereon or following a court judgment thereon,shall be liable on complaint by the tenant to a fine.408 originally article 325bis. inserted by no ii art. 4 of the fa of 15 dec. 1989 on the amendment of the co (leases and tenancies) (as 1990 802; bbl 1985 i 1389 at the end, final provisions on titles viii and viiibis). amended by no iii 2 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399).409 sr 220application to legal entities, trading companies and sole proprietorships410 410 footnote relevant to german text only.1. . art. 326411 411 repealed by no ii 3 of the fa of 13 dec. 2002, with effect from 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).2. in cases falling under article 325quater412 412 amended by no iii 2 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399).art. 326bis 413 1 where the acts constituting offences under article 325quater are committed while attending to the affairs of a legal entity, general or limited partnership or sole proprietorship414 or otherwise in the provision of commercial or business services to another, the criminal provisions apply to those natural persons who have committed the acts.4152 an employer or principal who is aware of the offence or becomes aware of the offence subsequently and who, although he is in a position to do so, fails to prevent the offence or to remedy its consequences shall be liable to the same penalties as the offender.3 if the employer or principal is a legal entity, general or limited partnership, sole proprietorship416 or corporate body without legal personality, paragraph 2 applies to the culpable management bodies, members of the management bodies, executive partners, de facto managers or liquidators.413 inserted by no ii art. 4 of the fa of 15 dec. 1989 on the amendment of the co (leases and tenancies), in force since 1 july 1990 (as 1990 802; bbl 1985 i 1389 at the end, final provisions on titles viii and viiibis).414 footnote relevant to german text only.415 amended by no iii 2 of the fa of 19 june 2020 (indirect counter-proposal to the popular initiative "for responsible businesses - protecting human rights and the environment"), in force since 1 jan. 2022 (as 2021 846; bbl 2017 399).416 footnote relevant to german text only.contravention of the law on business and other names art. 326ter 417 any person who uses a name for a legal entity or branch entered in the commercial register that does not correspond to the name entered in the commercial register and which may be misleading,any person who uses a misleading name for a legal entity or branch not entered in the commercial register, orany person who gives the impression that a foreign legal entity not entered in the commercial register has its registered office or a branch in switzerland,shall be liable to a fine418.417 inserted by no i of the fa of 17 june 1994 (as 1994 2290; bbl 1991 ii 969). amended by annex no 5 of the fa of 16 dec. 2005 (law on limited liability companies and amendments to the law on companies limited by shares, cooperatives, the commercial register and business names), in force since 1 jan. 2008 (as 2007 4791; bbl 2002 3148, 2004 3969).418 corrected by the drafting committee of the federal assembly (art. 58 para. 2 parla; sr 171.10).provision of false information by an employee benefits institution art. 326quater 419 any person who as a management officer of an employee benefits institution is under a statutory obligation to provide information to beneficiaries and supervisory bodies but fails to provide any information or provides false information shall be liable to a fine.419 inserted by no i of the fa of 17 june 1994, in force since 1 jan. 1995 (as 1994 2290 2307; bbl 1991 ii 969).violation of obligations to give notice of the beneficial owner of shares or capital contributions art. 327420 any person who wilfully fails to comply with obligations under article 697j paragraphs 1-4 or article 790a paragraphs 1-4 of the co421 to give notice of beneficial owner of shares or capital contributions shall be liable to a fine.420 amended by no i 2 of the fa of 21 june 2019 on implementing the recommendations of the global forum on transparency and transfer of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).421 sr 220violation of company law obligations on keeping registers art. 327a422 a person shall be liable to a fine if he or she wilfully fails to keep any of the following registers in accordance with the regulations or if he or she infringes associated company law obligations:a. in the case of a company limited by shares: the share register in accordance with article 686 paragraphs 1-3 and 5 co423 or the register of the beneficial owners of the shares in accordance with article 697l co;b. in the case of a limited liability company: the register of contributions in accordance with article 790 paragraphs 1-3 and 5 co or the register of the beneficial owners of the capital contributions in accordance with article 790a paragraph 5 co in conjunction with article 697l co;c. in the case of a cooperative: the register of cooperative members in accordance with article 837 paragraphs 1 and 2 co;d. in the case of an investment company with variable capital (art. 36 of the collective investment schemes act of 23 june 2006424); the share register recording the company shareholders or the register of the beneficial owners of the shares held by the company shareholders in accordance with article 46 paragraph 3 of the collective investment schemes act of 23 june 2006.422 inserted by no i 2 of the fa of 21 june 2019 on implementing the recommendations of the global forum on transparency and transfer of information for tax purposes, in force since 1 nov. 2019 (as 2019 3161; bbl 2019 279).423 sr 220424 sr 951.31reproduction of postage stamps without intent to commit forgery art. 328 1. any person who reproduces swiss or foreign postage stamps with the intention of marketing the stamps as reproductions but without making the individual stamps distinguishable as reproductions from genuine stamps, orany person who imports, offers for sale or markets such reproduction stamps,shall be liable to a fine.2. the reproductions are forfeited.breach of military secrecy art. 329 1. any person who unlawfullyenters buildings or any other places, the access to which is prohibited by the military authorities,makes drawings, diagrams or plans or takes photographs or makes films of military establishments or objects serving the national defence, or copies or publishes such drawings, diagrams, plans, photographs or films,shall be liable to a fine.2. attempts and complicity are also offences.trading in material requisitioned by the armed forces art. 330 any person who unlawfully sells, purchases, pledges or accepts as a pledge, uses, disposes of, destroys or renders unusable property which has been seized or requisitioned by the military authorities in the interest of national defence shall be liable to a fine.425425 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).unauthorised wearing of the military uniform art. 331 any person who wears the uniform of the swiss armed forces without authority shall be liable to a fine.426426 penalties revised by no ii 1 para. 16 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).failure to report a find art. 332427 any person who finds or comes into the possession of property and fails to make a report to the police or the owner as required by articles 720 paragraph 2, 720a and 725 paragraph 1 of the civil code428 shall be liable to a fine.427 amended by no iii of the fa of 4 oct. 2002 (basic article animals), in force since 1 april 2003 (as 2003 463 466; bbl 2002 4164 5806).428 sr 210book three:429 introduction and application of the code 429 amended by no iii of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).title one: relationship between this code and other federal and cantonal acts application of the general provisions to other federal acts art. 333 1 the general provisions of this code apply to offences provided for in other federal acts unless these federal acts themselves contain detailed provisions on such offences.2 in the other federal acts, the terms below are replaced as follows:a. penal servitude by a custodial sentence of more than one year;b. imprisonment by a custodial sentence not exceeding three years or by a monetary penalty;c. imprisonment for less than six months by a monetary penalty, whereby a one-month custodial sentence corresponds to a monetary penalty of 30 daily penalty units up to a maximum of 3000 francs.3 an offence that carries a maximum penalty of detention or a fine or of a fine only is a contravention. articles 106 and 107 apply. article 8 of the federal act of 22 march 1974430 on administrative criminal law is reserved. an offence is also a contravention if, in terms of another federal act that came into force before 1942, it carries a term of imprisonment not exceeding three months.4 sentences of lengths differing from those mentioned in paragraph 2 and article 41 as well as fines of amounts differing from those mentioned in article 106 are reserved.5 if another federal act provides for a fine to be imposed for a felony or misdemeanour, article 34 applies. rules on determining a penalty that differ from article 34 do not apply. article 8 of the federal act of 22 march 1974 on administrative criminal law remains reserved. if the fine is limited to a sum under 1 080 000 francs, this limit no longer applies. if the fine is limited to a sum exceeding 1 080 000 francs, this limit continues to apply. in this case, the maximum number of daily penalty units equals the current maximum fine divided by 3000.6 until they have been amended, the following applies in other federal acts:a. the limitation periods for the prosecution of felonies and misdemeanours are increased by half and the limitation periods for the prosecution of contraventions by twice the ordinary duration;b. the limitation periods for the prosecution of contraventions that exceed one year are increased by the ordinary duration;c. the rules on the interruption and suspension of the limitation period for prosecution are repealed. article 11 paragraph 3 of the federal act of 22 march 1974 on administrative criminal law remains reserved;d. the limitation period for prosecution no longer applies if a judgment is issued by a court of first instance before expiry of the limitation period.e. the limitation periods for the execution of penalties for felonies and misdemeanours continue to apply, and those for penalties for contraventions are increased by one half.f. the provisions on the suspension of the limitation period for the execution of a penalty continue to apply, and those on interruption are repealed.7 the contraventions provided for in other federal acts are offences, even if they have been committed through negligence, unless only intentional commission is an offence in terms of the provision concerned.430 sr 313.0reference to repealed provisions art. 334 if reference is made in federal legislation to provisions being amended or repealed by this code, the references relate to the provisions of this code that regulate the matter.cantonal acts art. 335 1 the cantons retain the power to legislate on contraventions that are not the subject matter of federal legislation.2 the cantons have the power to provide for sanctions for offences against cantonal administrative and procedural law.title two: . art. 336-338431 431 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).title three: . art. 339-348432 432 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).title four: administrative assistance on police matters433 433 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 349434 434 repealed by annex 1 no 5 of the fa of 13 june 2008 on the federal police information system, with effect from 5 dec. 2008 (as 2008 4989; bbl 2006 5061).1. protection of personal data. a. legal basis art. 349a435 the competent federal authorities may only disclose personal data if there is a legal basis for doing so under article 7 of the schengen data protection act of 28 september 2018436 (sadp) or if:a. disclosure of personal data is required to protect the life or physical integrity of the person concerned or of a third party;b. the person concerned has made their personal data general accessible and has not expressly prohibited the disclosure of the data.435 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).436 sr 235.3b. equal treatment art. 349b437 1 for the disclosure of personal data to the competent authorities of states linked to switzerland by one of the schengen association agreements (schengen states), no stricter data protection rules may apply than for the disclosure of personal data to swiss criminal authorities.2 special laws providing for stricter data protection rules for the disclosure of personal data to the competent foreign authorities do not apply to disclosure to the competent authorities of the schengen states.437 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).c. disclosure of personal data to a third country or an international body art. 349c438 1 personal data may not be disclosed to the competent authority of a state which is not linked to switzerland by one of the schengen association agreements (third country), or to an international body if this would seriously endanger the privacy of the data subjects, in particular due to a lack of adequate protection.2 adequate protection shall be ensured by:a. the legislation of the third country, if the european union has so provided in a in a resolution;b. an international treaty;c. specific guarantees.3 if the disclosing authority is a federal authority, it shall inform the federal data protection and information commissioner (commissioner) of the categories of disclosures of personal data made on the basis of specific guarantees pursuant to paragraph 2 letter c. every disclosure is documented.4 by way of derogation from paragraph 1, personal data may be disclosed to the competent authority of a third country or an international body if disclosure is necessary in a particular case:a. to protect the life or the physical integrity of the data subject or of a third party;b. to prevent imminent serious danger threatening the public security of a schengen or a third country;c. to prevent, detect or prosecute a criminal offence, provided that disclosure does not conflict with the overriding legitimate interests of the data subject;d. to exercise or enforce legal claims against an authority responsible for the prevention, detection or prosecution of a criminal offence, provided that disclosure does not conflict with the overriding legitimate interests of the data subject.5 if the disclosing authority is a federal authority, it shall inform the commissioner of the disclosures pursuant to paragraph 4.438 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).d. disclosure of personal data by a schengen state to a third country or an international body art. 349d439 1 personal data transmitted or made available by a schengen state may be disclosed to the competent authority of a third country or an international body, only if:a. the disclosure is necessary to prevent, detect or prosecute a criminal offence;b. the schengen state which transmitted or made available the personal data has given its prior consent to the disclosure; andc. the requirements under article 349c are fulfilled.2 by way of derogation from paragraph 1 letter b, personal data may be disclosed in a particular case, if:a. the prior consent of the schengen state not cannot be obtained in time; andb. disclosure is essential to prevent an imminent serious threat to the public security of a schengen state or a third country or for safeguarding the essential interests of a schengen state.3 the schengen state shall be informed immediately of the disclosure referred to in paragraph 2.439 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).e. disclosure of personal data to a recipient established in a third country art. 349e440 1 where it is not possible, in particular in cases of emergency, to disclose personal data to the competent authority of a third country through the normal channels of police cooperation, the competent authority may exceptionally disclose them to a recipient established in that country, provided the following requirements are fulfilled:a. the disclosure is essential to fulfil a statutory task of the authority disclosing the data.b. no overriding interests of the data subject worthy of protection stand in the way of disclosure.2 the competent authority shall inform the recipient of the personal data at the time of disclosure that he may use the data only for the purposes specified by the authority.3 it shall inform the competent authority of the third country without delay of any disclosure of personal data, provided it considers this appropriate.4 if the responsible authority is a federal authority, it shall inform the commissioner without delay of any disclosure pursuant to paragraph 1.5 it shall document each disclosure of personal data. the federal council shall regulate the details.440 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).f. accuracy of personal data art. 349f441 1 the competent authority shall correct incorrect personal data without delay.2 it shall notify the authority which transmitted the data, made them available or disclosed them of the correction without delay.3 it shall inform the recipient whether the data it has disclosed are up-to-date and reliable. 4 it shall also provide the recipient with any further information that can be used to distinguish:a. the different categories of data subjects;b. personal data based on facts and on personal assessments.5 the obligation to inform the recipient ceases to apply if the information referred to in paragraphs 3 and 4 is clear from the personal data itself or from the circumstances.441 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).g. verification of the legality of the data processing art. 349g442 1 the data subject may request the commissioner to check whether any data relating to the data subject is being processed lawfully if:a. the data subject's right to information about the exchange of data about them is restricted or deferred (art. 18a and 18b of the federal act of 19 june 1992443 on data protection);b. his or her right to information is denied, restricted or deferred (art. 17 and 18 sadp444); orc. his or her right to request the rectification, destruction or deletion of data relating to him or her is partially or completely denied (art. 19 para. 2 let. a sadp).2 only a federal authority under the supervision of the commissioner may be examined.3 the commissioner shall complete the verification; he shall notify the data subject that either no data relating to him or her has been unlawfully processed, or that he has opened an investigation pursuant to article 22 sadp in the case of errors in the processing of personal data.4 if the commissioner finds errors in the processing of the data, he shall order the competent federal authority to correct them.5 the notification referred to in paragraph 3 shall always be worded in the same way and is not substantiated. it may not be contested.442 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).443 sr 235.1444 sr 235.3h. investigation art. 349h445 1 if a data subject credibly demonstrates that an exchange of personal data concerning him or her could violate the provisions on the protection of personal data, he or she may request the commissioner to open an investigation pursuant to article 22 sadp446.2 an investigation may only be opened against a federal authority that is under the supervision of the commissioner.3 the parties are the data subject and the federal authority against which the investigation has been opened.4 articles 23 and 24 sadp also apply. 445 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).446 sr 235.32. cooperation with interpol a. jurisdiction447 447 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 350 1 the federal office of police carries out the duties of a national central bureau in terms of the constitution and general regulations of the international criminal police organization (interpol).2 it is responsible for coordinating the exchange of information between the federal and cantonal prosecution services on the one hand and the national central bureaus of other states and the general secretariat of interpol on the other.b. tasks448 448 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 351 1 the federal office of police coordinates the exchange of police information for the investigation and prosecution offences and for the execution of sentences and measures.2 it may transmit police information for the purpose of preventing offences if there are specific indications that there is a serious probability of a felony or misdemeanour being committed.3 it may coordinate the exchange of information relating to searches for missing persons and for the identification of unknown persons.4 in the interest of preventing and investigating offences, the federal office of police may receive and provide information from and to private individuals if this is in the interests of the persons concerned and their consent has been given or may be assumed in the circumstances.c. data protection449 449 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 352 1 the exchange of police information is governed by the principles of the mutual assistance act of 20 march 1981450 as well as the constitution and general regulations of interpol declared to be applicable by the federal council.2 the federal act of 19 june 1992451 on data protection applies to the exchange of information in connection with searches for missing persons and the identification of unknown persons and for administrative purposes.3 the federal office may provide information directly to the central bureaus of other states provided the recipient state is subject to the interpol data protection regulations.450 sr 351.1451 sr 235.1d. financial aid and other payments452 452 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 353 the confederation may provide financial aid and make payments to interpol.3. cooperation in connection with the identification of persons453 453 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 354 1 the responsible department registers and stores criminal records data recorded and transmitted to the department by cantonal, federal and foreign authorities in connection with criminal proceedings or in fulfilment of other statutory duties. this data may be used for comparison purposes to identify a wanted or unknown person.2 the following authorities may use and process data in terms of paragraph 1:a. the computer centre of the federal department of justice and police;b. the federal office of police;c. the border posts;d. the police authorities in the cantons.3 personal data that relates to criminal records data in accordance with paragraph 1 is processed in separate information systems; the procedure is subject to the provisions of the federal act of 13 june 2008454 on federal police information systems, the asylum act of 26 june 1998455 and the federal act of 16 december 2005456 on foreign nationals. the dna profile information system is subject to the provisions of the dna profiling act of 20 june 2003457.4584 the federal council:a. regulates the details, and in particular responsibility for data processing, the categories of the data to be recorded, the retention period for the data and cooperation with the cantons;b. designates the authorities that are authorised to enter and retrieve personal data by remote access or to which personal data may be disclosed in individual cases;c. regulates the procedural rights of the persons concerned, and in particular the right to inspect their data as well as to correct, archive or destroy such data.5 the sem or the federal office of police (fedpol) may transmit the data to the national section of the schengen information system (n-sis) and the schengen information system (sis) in an automated procedure for the purpose of issuing sis alerts in the sis.459454 sr 361455 sr 142.31456 sr 142.20457 sr 363458 amended by annex 1 no 5 of the fa of 13 june 2008 on the federal police information system, in force since 5 dec. 2008 (as 2008 4989; bbl 2006 5061).459 inserted by annex 1 no 4 of the fedd of 18 dec. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime (sis), in force since 1 july 2021 (as 2021 365; bbl 2020 3465).4. . art. 355460 460 repealed by annex 1 no 5 of the fa of 13 june 2008 on the federal police information system, with effect from 5 dec. 2008 (as 2008 4989; bbl 2006 5061).5. cooperation with europol a. exchange of data461 461 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 355a462 1 the federal office of police (fedpol) and the federal intelligence service (fis) may pass on personal data, including sensitive personal data and personality profiles to the european police office (europol).4632 the passing on of such data is subject in particular to the requirements of articles 3 and 10-13 of the agreement of 24 september 2004464 between the swiss confederation and the european police office.3 at the same time as passing on data, the federal office of police shall notify europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation.4 the exchange of personal data with europol is regarded as equivalent to an exchange with a competent authority of a schengen state (art. 349b).465462 inserted by art. 2 of the federal decree of 7 oct. 2005 on the approval and implementation of the agreement between switzerland and europol, in force since 1 april 2006 (as 2006 1017 1018; bbl 2005 983).463 amended by no i 3 of the ordinance of 4 dec. 2009 on the amendment of legislation due to the creation of the federal intelligence service, in force since 1 jan. 2010 (as 2009 6921).464 sr 0.360.268.2465 inserted by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).b. extension of mandate466 466 amended by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 355b467 the federal council is authorised to agree with europol amendments to the scope of its mandate in accordance with article 3 paragraph 3 of the agreement of 24 september 2004468 between the swiss confederation and the european police office.467 inserted by art. 2 of the federal decree of 7 oct. 2005 on the approval and implementation of the agreement between switzerland and europol, in force since 1 april 2006 (as 2006 1017 1018; bbl 2005 983).468 sr 0.360.268.25bis. cooperation under the schengen association agreement. jurisdiction art. 355c469 the federal and cantonal police authorities shall implement the provisions of the schengen association agreement470 in accordance with domestic law.469 inserted by art. 3 no 4 of the federal decree of 17 dec. 2004 on the adoption and implementation of the bilateral agreements between switzerland and the eu on the association to schengen and dublin, in force since 1 june 2008 (as 2008 447 2179; bbl 2004 5965).470 agreement of 26 oct. 2004 between the swiss confederation, the european union and the european community on the association of that state with the implementation, application and development of the schengen acquis (sr 0.362.31); agreement of 28 april 2005 between the swiss confederation and the kingdom of denmark on the establishment of rights and obligations between these two states with a view to cooperation on schengen (sr 0.362.33); agreement of 17 dec. 2004 between the swiss confederation, the republic of iceland and the kingdom of norway on the implementation, application and development of the schengen acquis and on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in switzerland, iceland or norway (sr 0.362.32).5ter. . art. 355d471 471 inserted by art. 3 no 4 of the federal decree of 17 dec. 2004 on the adoption and implementation of the bilateral agreements between switzerland and the eu on the association to schengen and dublin (as 2008 447 2179; bbl 2004 5965). repealed by annex 2 no ii of the fa of 13 june 2008 on the federal police information system, with effect from 5 dec. 2008 (as 2008 4989; bbl 2006 5061).5quater. sirene office art. 355e472 1 the federal office of police maintains a central office (sirene office473) that is responsible for n-sis.2 das sirene office is the contact, coordination and consultation point for the exchange of information in connection with the alerts in the sis. it reviews the formal admissibility of swiss and foreign alerts in the sis.472 inserted by art. 3 no 4 of the federal decree of 17 dec. 2004 on the adoption and implementation of the bilateral agreements between switzerland and the eu on the association to schengen and dublin, in force since 1 june 2008 (as 2008 447 2179; bbl 2004 5965).473 supplementary information request at the national entry.art. 355f-355g474 474 inserted by no 4 of the fa of 19 march 2010 on the implementation of framework decision 2008/977/jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (as 2010 3387; bbl 2009 6749). repealed by no ii 2 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, with effect from 1 march 2019 (as 2019 625; bbl 2017 6941).art. 356-361475 475 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).6. notification in relation to pornography art. 362476 if an investigating authority establishes that pornographic articles (art. 197 para. 4) have been produced in or imported from a foreign state, it shall immediately notify the federal central office for combating pornography.476 amended by annex no 1 of the federal decree of 27 sept. 2013 (lanzarote convention), in force since 1 july 2014 (as 2014 1159; bbl 2012 7571).title five: . art. 363477 477 repealed by annex 1 no ii 8 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085). revised by the federal assembly drafting committee on 20 feb. 2013 (as 2013 845).art. 364478 478 repealed by annex no 1 of the fa of 15 dec. 2017 (child protection), with effect from 1 jan. 2019 (as 2018 2947; bbl 2015 3431).title six: register of criminal convictions purpose art. 365 1 the federal office of justice, with the support of the other federal authorities and the cantons (art. 367 para. 1), maintains a computerised register of criminal convictions and applications for extracts from the register of convictions in connection with ongoing criminal proceedings, which contains sensitive personal data and personality profiles. the data on convictions and on applications for extracts from the register of convictions in connection with ongoing criminal proceedings are processed separately in the computerised register.2 the register serves to support the federal and cantonal authorities in the fulfilment of the following tasks:a. the conduct of criminal proceedings;b. international mutual assistance and extradition proceedings;c. the execution of sentences and measures;d. civilian and military security checks;e. the imposition and revocation of measures banning entry on foreign nationals under the federal act of 26 march 1931479 on the residence and settlement of foreign nationals as well as the other forms of expulsion;f. the assessment of eligibility for asylum under the asylum act of 26 june 1998480;g. naturalisation procedures;h. the grant and revocation of full and provisional driving licences under the road traffic act from 19 december 1958481;i. conduct of consular protection measures;j. statistical processing under the federal statistics act of 9 october 1992482;k.483 the imposition or revocation of child or adult protection measures;l.484 exclusion from the performance of alternative civilian service or prohibition from performing periods of service under the civilian service act of 6 october 1995485;m.486 the assessment of good character for certain forms of work under the civilian service act of 6 october 1995;n.487 the assessment of eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the armed forces act of 3 february 1995488 (arma);o.489 the assessment of suitability for promotion or appointment under the arma;p.490 the assessment of grounds for refusing to issue a personal weapon under the arma;q.491 the assessment of exclusion from service under the civil protection and civil defence act of 4 october 2002492;r.493 the early recognition and prevention of the threats to internal or external security in accordance with article 6 paragraph 1 intelsa494;s.495 coordinating the exchange of information with europol in accordance with article 355a, provided the data from europol is required for purposes in accordance with letter r;t.496 reviewing measures banning the entry of foreign nationals under the foreign nationals act of 16 december 2005497 and the preparation of decisions on expulsion under article 121 paragraph 2 of the federal constitution;u.498 procuring and passing on information to foreign security authorities in connection with the requests made under article 12 paragraph 1 letter d intelsa; where the passing on of data is not in the interests of the person concerned, such data may only be passed on with that person's express consent;v.499 clarification of the security risk as part of the background checks in accordance with article 108b of the aviation act of 21 december 1948500 (avia).479 [bs 1 121; as 1949 221, 1987 1665, 1988 332, 1990 1587 art. 3 abs. 2, 1991 362 no ii 11 1034 no iii, 1995 146, 1999 1111 2262 annex no 1, 2000 1891 no iv 2, 2002 685 no i 1 701 no i 1 3988 annex no 3, 2003 4557 annex no ii 2, 2004 1633 no i 1 4655 no i 1, 2005 5685 annex no 2, 2006 979 art. 2 no 1 1931 art. 18 no 1 2197 annex no 3 3459 annex no 1 4745 annex no 1, 2007 359 annex no 1. as 2007 5437 annex no i]. see now the fa of 16 dec. 2005 on foreign nationals (sr 142.20).480 sr 142.31481 sr 741.01482 sr 431.01483 amended by annex no 14 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).484 inserted by no ii 1 of the fa of 3 oct. 2008 (as 2009 1093 1100; bbl 2008 2707). amended by no ii 1 of the fa of 25 sept. 2015, in force since 1 july 2016 (as 2016 1883; bbl 2014 6741).485 sr 824.0486 inserted by no ii 1 of the fa of 3 oct. 2008 (as 2009 1093 1100; bbl 2008 2707). amended by no ii 1 of the fa of 25 sept. 2015, in force since 1 july 2016 (as 2016 1883; bbl 2014 6741).487 inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems, in force since 1 jan. 2010 (as 2009 6617; bbl 2008 3213).488 sr 510.10489 inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems, in force since 1 jan. 2010 (as 2009 6617; bbl 2008 3213).490 inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems, in force since 1 jan. 2010 (as 2009 6617; bbl 2008 3213).491 inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems, in force since 1 jan. 2010 (as 2009 6617; bbl 2008 3213).492 sr 520.1493 inserted by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).494 sr 121495 inserted by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).496 inserted by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).497 sr 142.20498 inserted by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).499 inserted by no i 6 of the fa of 25 sept. 2020 on police measures to combat terrorism, in force since 1 jan. 2022 (as 2021 565, 672; bbl 2019 4751).500 sr 748.0content art. 366 1 the register lists persons who have been convicted on the territory of the confederation, together with swiss nationals who have been convicted abroad.2 the register also includes:a. convictions for felonies and misdemeanours in cases where a sentence or measure has been imposed;b. convictions for contraventions specified by ordinance of the federal council of this code or any other federal act;c. notifications received from abroad of convictions there that must be recorded in accordance with this code;d. information on the circumstances leading to the amendment of existing entries.3 convictions of juveniles are included only if the following sentences were imposed:a. a custody order (art. 25 jcla501); orb. accommodation in a secure institution (art. 15 para. 2 jcla); orc. out-patient treatment (art. 14 jcla); ord. an activity prohibition order or a contact prohibition and exclusion order (art. 16a jcla).5023bis convictions of juveniles for contraventions must be included if the penalty involves an activity prohibition order or a contact prohibition and exclusion order (art. 16a jcla).5034 the register also lists persons in respect of whom proceedings for felonies and misdemeanours are pending in switzerland.504501 sr 311.1502 inserted by art. 44 no 1 of the juvenile criminal law act of 20 june 2003 (as 2006 3545; bbl 1999 1979). amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).503 inserted by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).504 originally para. 3.processing of and access to data art. 367 1 the following authorities process personal data on convictions in the register in accordance with article 366 paragraphs 1-3:505a. the federal office of justice;b. the authorities responsible for the administration of civilian criminal justice;c. the authorities responsible for the administration of military criminal justice;d. the authorities responsible for the execution of sentences and measures;e. the cantonal coordination offices.2 the following authorities may have online access to the personal data on convictions in accordance with article 366 paragraphs 1, 2 and 3 letters a and b:506:a. the authorities listed in paragraph 1;b. the office of the attorney general of switzerland;c. the federal office of police in the course of criminal investigations;d. the defence group507;e.508 the state secretariat for migration509;f.510 .g. the cantonal immigration authorities;h. the cantonal authorities responsible for road traffic matters;i.511 the federal authorities responsible for the conduct of personal security checks in terms of article 2 paragraph 2 letter a of the federal act of 21 march 1997512 on measures to safeguard internal security;j.513 the federal office for civilian service514;k.515 the cantonal authorities responsible for decisions on ineligibility for civil defence service;l.516 the federal witness protection agency in accordance with the federal act of 23 december 2011517 on extra-procedural witness protection in order to fulfil their tasks;m.518 the fis;n.519 the cantonal police authorities responsible for clarifying the security risk in accordance with article 108c avia520.2bis the following authorities may also have online access to the personal data on convictions in accordance with article 366 paragraphs 3 letters c:a. the defence group521 for the purposes of assessing eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the arma522, the assessment of grounds for refusing to issue a personal weapon under the arma, and the assessment of suitability for promotion or appointment under the; b.523 the federal authorities responsible for personnel security screening under article 2 paragraph 2 letter a of the federal act of 21 march 1997 on measures to safeguard internal security; c. authorities responsible for the administration of civilian criminal justice in order to conduct criminal proceedings (art. 365 para. 2 let. a);d. cantonal coordination offices and the federal office of justice in order to fulfil their statutory duties in relation to keeping registers;e. the authorities responsible for the execution of sentences and measures in order to execute sentences and measures (art. 365 para. 2 let. c).5242ter authorities in terms of paragraphs 2 letters c-l and 2septies may access judgements that include an expulsion order for as long as the person concerned is subject to that order. if the period under article 369 is longer, that period applies as the duration of access.5252quater in order to fulfil its duties under article 365 paragraph 2 letters n-q, the federal office responsible for the register shall notify the defence group regularly of the following data newly recorded in vostra relating to persons eligible for military service, members of the armed forces and persons required to do civil defence service:526a. convictions for felonies or misdemeanours;b. custodial measures;c. decisions on breaches of probation by persons subject to recruitment and members of the armed forces.5272quinquies notice is given of the personal details of swiss nationals over the age of 17 who are registered in accordance with paragraph 2quater. if the armed forces joint staff identifies a reported person as being subject to recruitment or as a member of the armed forces, the office responsible for the register also provides the data on the conviction and sentence.5282sexies notice and identification in accordance with paragraph 2quinquies may be effected via an electronic interface between the armed forces personnel information system (pisa) and the register.5292septies for the purpose of carrying out background checks with a view to granting or withdrawing recognition as a "youth and sport" officer, the federal office of sport may by written request inspect personal data relating to criminal convictions.5303 the federal council may, if the number of requests for information so justifies, after consulting the federal data protection and information commissioner531 and until formal legislation on the relevant legal principles comes into force, extend the rights of inspection under paragraph 2 to additional federal and cantonal law enforcement and administrative authorities.4 personal data in relation to pending criminal proceedings may only be processed by the authorities listed in paragraph 2 letters a-e, i, j and l-n.5324bis .5334ter for the purpose of carrying out background checks with a view to granting or suspending recognition as a "youth and sport" officer, the federal office of sport may by written request inspect personal data relating to criminal convictions.5345 each canton shall establish a coordination office for the processing of the data in the register.6 the federal council regulates the details, and in particular:a. responsibility for data processing;b. the categories of data to be recorded and their retention periods;c. cooperation with the authorities concerned;d. the duties of the coordination offices;e. the right to information and the other procedural rights for the protection of the persons concerned;f. data security;g. the authorities that may report personal data in written form, enter data in the register, consult the register or to which personal data may be disclosed in individual cases;h. the passing on of electronic data to the swiss federal statistical office.505 amended by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).506 amended by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).507 name in accordance with annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2018 (as 2016 4277, 2017 2297; bbl 2014 6955).508 amended by no i 3 of the ordinance of 3 nov. 2004 on the amendment of statutory provisions due to the merger of the federal offices imes and for, in force since 1 jan. 2005 (as 2004 4655).509 the name of this administrative unit was amended by art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937), in force since 1 jan. 2015510 repealed by no i 3 of the ordinance of 3 nov. 2004 on the amendment of statutory provisions due to the merger of the federal offices imes and for, with effect from 1 jan. 2005 (as 2004 4655).511 amended by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).512 sr 120513 inserted by no ii of the fa of 21 march 2003, in force since 1 jan. 2004 (as 2003 4843 4854; bbl 2001 6127).514 the name of this administrative unit was amended by art. 20 para. 2 of the publications ordinance of 7 oct. 2015 (sr 170.512.1), in force since 1 jan. 2019.515 inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems, in force since 1 jan. 2010 (as 2009 6617; bbl 2008 3213).516 inserted by annex no 3 of the fa of 23 dec. 2011 on extra-procedural witness protection, in force since 1 jan. 2013 (as 2012 6715; bbl 2011 1).517 sr 312.2518 inserted by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).519 inserted by no i 6 of the fa of 25 sept. 2020 on police measures to combat terrorism, in force since 1 jan. 2022 (as 2021 565, 672; bbl 2019 4751).520 sr 748.0521 name in accordance with annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2018 (as 2016 4277, 2017 2297; bbl 2014 6955).522 sr 510.10523 amended by annex no ii 5 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).524 inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems (as 2009 6617; bbl 2008 3213). amended by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).525 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).526 amended by annex no 2 of the fa of 18 march 2016, in force since 1 jan. 2018 (as 2016 4277, 2017 2297; bbl 2014 6955).527 originally: para. 2ter. inserted by annex no 1 of the fa of 3 oct. 2008 on military information systems (as 2009 6617; bbl 2008 3213). amended by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).528 inserted by annex no 2 of the fa of 19 march 2010 (as 2010 6015, 2011 487; bbl 2009 5917). amended by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).529 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).530 originally: para. 2sexies. inserted by art. 34 no 1 of the sport promotion act of 17 june 2011, in force since 1 oct. 2012 (as 2012 3953; bbl 2009 8189).531 the name of this administrative unit was amended by art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937).532 amended by no i 6 of the fa of 25 sept. 2020 on police measures to combat terrorism, in force since 1 jan. 2022 (as 2021 565, 672; bbl 2019 4751).533 inserted by no ii 1 of the fa of 3 oct. 2008 (as 2009 1093; bbl 2008 2707). repealed by no ii 1 of the fa of 25 sept. 2015, with effect from 1 july 2016 (as 2016 1883; bbl 2014 6741).534 inserted by art. 34 no 1 of the sport promotion act of 17 june 2011, in force since 1 oct. 2012 (as 2012 3953; bbl 2009 8189).notice of information subject to registration art. 368 the competent federal authority may give notice of entries in the register to the offender's country of origin.removal of entries art. 369 1 convictions that involve a custodial sentence are removed ex officio if the following periods have elapsed over and above the period of the sentence imposed by the court:a. 20 years in the case of a custodial sentence of at least five years;b. 15 years in the case of a custodial sentence of at least one but less than five years;c. ten years in the case of custodial sentences of less than a year;d.535 ten years in the case of deprivation of liberty in accordance with article 25 jcla536.2 in the event that a custodial sentence has already been entered in the register, the periods in accordance with paragraph 1 are extended by the duration of that sentence.3 convictions involving a suspended custodial sentence, a suspended custody order, a monetary penalty, community service or a fine as the main penalty are removed ex officio after ten years.5374 convictions that involve an in-patient measure in addition to a sentence or an in-patient measure alone are removed ex officio after:a. 15 years in the case of measures under articles 59-61 and 64;b.538 ten years in the case of secure placement in accordance with article 15 paragraph 2 of the jcla.c.539 seven years in the case of open placement in an institution or with private persons in accordance with article 15 paragraph 1 jcla.4bis convictions that solely involve out-patient treatment in accordance with article 63 are removed ex officio after ten years. convictions that involve out-patient treatment in accordance with article 14 jcla are removed ex officio after five years unless it is possible to calculate the period in accordance with paragraphs 1-4.5404ter convictions that solely involve a measure under article 66 paragraph 1, 67 paragraph 1 or 67e of this code or under articles 48, 50 paragraph 1 or 50e of the military criminal code541 are removed ex officio after ten years.5424quater convictions that solely involve a prohibition order under article 67 paragraphs 2-4 or under 67b of this act or under article 50 paragraphs 2-4 or under 50b mcc are removed ex officio after ten years.5434quinquies convictions that solely involve a prohibition order under article 16a jcla are removed ex officio after seven years.5445 the periods in accordance with paragraph 4 are extended by the duration of the remainder of the sentence.5bis convictions that include an expulsion order remain on the register until the death of the person concerned. if the person concerned is not resident in switzerland, the conviction is removed from the register at the latest 100 years after his birth. if the person concerned acquires swiss citizenship, he may apply to have the conviction removed in accordance with periods set out in paragraphs 1-5 eight years after naturalisation.5456 the period begins to run:a.546 in the case of convictions under paragraphs 1, 3 and 4ter, 4quater and 4quinquies: on the day on which the conviction becomes legally binding;b. in the case of convictions under paragraphs 4 and 4bis: on the day on which the measure is revoked or the person concerned receives his final discharge from the measure.5477 after removal, the entry may no longer be reconstructed. the removed conviction may no longer be cited against the person concerned.8 data from the register of convictions must not be archived.535 inserted by art. 44 no 1 of the juvenile criminal law act of 20 june 2003, in force since 1 jan. 2007 (as 2006 3545; bbl 1999 1979).536 sr 311.1537 amended by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).538 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).539 inserted by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).540 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions)(as 2006 3539 3544; bbl 2005 4689). amended by annex no 2 of the fa of 19 march 2010, in force since 1 jan. 2013 (as 2010 6015, 2011 487; bbl 2009 5917).541 sr 321.0542 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689). amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).543 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).544 inserted by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).545 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).546 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).547 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).removal of convictions involving an activity prohibition order or a contact prohibition and exclusion order art. 369a548 convictions that involve a prohibition order under article 67 paragraphs 2-4 or 67b of this code, under article 50 paragraphs 2-4 or 50b mcc549 or under article 16a jcla550shall be removed ex officio ten years after the expiry of the prohibition order.551 if the terms are longer under article 369, then these terms apply.548 inserted by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).549 sr 321.0550 sr 311.1551 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).right to inspect art. 370 1 any person has the right to inspect the entire entry relating to him.2 no copy may be issued.extract for private individuals552 552 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).art. 371 1 any person may request the swiss central register of convictions to issue a written extract from the register of criminal convictions relating to him. the extract lists convictions for felonies and misdemeanours; convictions for contraventions appear in the extract only if an activity prohibition order or a contact prohibition and exclusion order in accordance with article 67 or 67b of this code or under article 50 or 50b mcc553 or under article 16a jcla554was imposed.5552 juvenile convictions appear in the extract from the register of convictions only if the person concerned was convicted as an adult of additional offences that must be included in the extract from the register of convictions.3 a conviction containing a sentence is no longer included in the extract from the register of convictions if two thirds of the period required for removal in accordance with article 369 paragraphs 1-5 and 6 has elapsed.5563bis a conviction containing a suspended or partially suspended sentence is no longer included in the extract from the register of convictions if the offender was of good behaviour until the expiry of the probationary period.5574 a conviction containing a measure in addition to a sentence or a measure alone is no longer included in the extract from the register of convictions if half of the period required for removal in accordance with article 369 paragraphs 1-5 and 6 has elapsed.5584bis a conviction that includes an expulsion order appears in the extract from the register of convictions for as long as the person concerned is subject to the order. if the period under paragraph 3 or 4 is longer, it determines how long the order appears in the private extract.5595 on expiry of the period in accordance with paragraphs 3, 4 and 4bis, the conviction remains in the extract from the register of convictions if it contains a conviction in respect of which the period has not yet expired.560553 sr 321.0554 sr 311.1555 amended by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).556 amended by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).557 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).558 amended by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).559 inserted by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).560 amended by no i 1 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).special private extract art. 371a561 1 the following persons may request a special private extract from the register of convictions relating to their person:a. a person applying:1. to carry on a professional or organised non-professional activity that involves regular contact with minors or with other especially vulnerable persons, or 2. to carry on a professional or organised non-professional activity in the health sector with direct contact with patients; orb. a person carrying on an activity under letter a.5622 along with the application, he must submit written confirmation in which the entity requesting him to provide the special private extract, be it the employer, the organisation or the competent authority for authorising the exercise of the activity, confirms that:563a. the applicant is applying to carry on or is carrying on the activity under paragraph 1; andb. he must provide the special private extract for the purpose of the new activity or of continuing existing activity.3 the special private extract displays:a.564 convictions that involve an activity prohibition order under article 67 paragraphs 2-4 of this code or under article 50 paragraphs 2-4 mcc565;b. convictions that involve a contact prohibition and exclusion order under article 67b of this code or under article 50b mcc, provided this prohibition order was imposed in order to protect minors or other especially vulnerable persons;c. convictions against juveniles that involve an activity prohibition order under article 16a paragraph 1 jcla566 or a contact prohibition and exclusion order under article 16a paragraph 2 jcla that was imposed in order to protect minors or other especially vulnerable persons.4 a conviction shall be displayed in the special private extract for as long as a prohibition order under paragraph 3 involved therein continues to apply.561 inserted by no i 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).562 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).563 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).564 amended by no i 1 of the fa of 16 march 2018 (implementation of art. 123c cst.), in force since 1 jan. 2019 (as 2018 3803; bbl 2016 6115).565 sr 321.0566 sr 311.1title seven: execution of sentences and measures, probation assistance, institutions and facilities 1. duty to execute sentences and measures art. 372 1 the cantons shall execute the judgments issued by their criminal courts on the basis of this code. they are obliged to execute the judgments of the federal criminal justice authorities in return for the reimbursement of their costs.2 decisions in criminal cases made by police authorities and other competent authorities and the decisions of prosecution services are deemed equivalent to court judgments.3 the cantons shall guarantee the uniform execution of criminal sanctions.567567 inserted by no ii 2 of the fa of 6 oct. 2006 on the new system of financial equalisation and the division of tasks between the confederation and the cantons (nfa), in force since 1 jan. 2008 (as 2007 5779 5817; bbl 2005 6029).2. monetary penalties, fines, costs and forfeitures execution art. 373 legally binding decisions issued on the basis of federal or cantonal criminal law relating to monetary penalties, fines, costs and the forfeiture of property or assets may be executed anywhere in switzerland.right of disposal art. 374 1 the cantons are entitled to the monetary penalties and fines imposed and the property and assets forfeited in accordance with this code.2 the confederation is entitled to the proceeds of the cases judged by the criminal or appeals chamber of the federal criminal court.5683 the use of proceeds for the benefit of persons harmed in accordance with article 73 is reserved.4 the provisions of the federal act of 19 march 2004569 on the division of forfeited assets are reserved.570568 amended by no ii 2 of the fa of 17 march 2017 (creation of an appeals chamber in the federal criminal court), in force since 1 jan. 2019 (as 2017 5769; bbl 2013 7109, 2016 6199).569 sr 312.4570 inserted by annex no 1 of the fa of 19 march 2004 on the division of forfeited assets, in force since 1 aug. 2004 (as 2004 3503; bbl 2002 441).3. community service art. 375 1 the cantons are responsible for the execution of community service orders.2 the competent authority decides on the nature and form of community service to be performed.3 the statutory maximum number of working hours may be exceeded in the performance of community service. the regulations on health and safety in the workplace remain applicable.4. probation assistance art. 376 1 the cantons organise the system of probation assistance. they may delegate this duty to private organisations.2 probation assistance is normally the responsibility of the canton in which the probationer is resident.5. institutions and facilities duty of the cantons to establish and operate art. 377 1 the cantons shall establish and operate institutions and institution units for prison inmates in open and secure custody as well as for prison inmates in semi-detention and in the day release employment.2 they may also provide units for special inmate groups, and in particular for:a. women;b. prison inmates of specific age groups;c. prison inmates serving very long or very short sentences;d. prison inmates that require constant care or treatment or are receiving basic or advanced training.3 they shall establish and operate the institutions provided for in this code for the execution of measures.4 they shall ensure that the regulations and the operation of the institutions and facilities comply with this code.5 they shall facilitate the basic and advanced training of the staff.cooperation between the cantons art. 378 1 the cantons may enter into agreements on the joint establishment and operation of institutions and facilities or secure themselves a right of joint use of the institutions and facilities belonging to other cantons.2 the cantons shall inform each other of the special features of their institutions and facilities, and in particular of the range of care, treatment and employment services; they shall cooperate in the allocation of prison inmates to institutions and facilities.licensing of private institutions art. 379 1 the cantons may grant licences to privately run institutions and facilities authorising them to execute sentences in the form of semi-detention and of day release employment together with measures under articles 59-61 and 63.2 privately run institutions and facilities are subject to the supervision of the cantons.allocation of costs art. 380 1 the costs of the execution of sentences and measures are borne by the cantons.2 the offender shall contribute in an appropriate manner to the costs:a. by performing work while serving a sentence or undergoing a measure; b. in accordance with his income or assets if he refuses to perform work assigned to him even though the work satisfies the requirements of articles 81 or 90 paragraph 3; orc.571 by deduction of part of the income due to him as payment for an activity while in semi-detention, while subject to electronic monitoring, while on day release employment or while in external accommodation combined with day release employment.3 the cantons shall issue detailed regulations on offenders' contributions to costs.571 amended by no i 1 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).title 7a:572 liability in cases of discharge from lifelong incarceration 572 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).art. 380a 1 if a person subject to lifelong incarceration is released on parole or discharged from incarceration and commits a felony mentioned in article 64 paragraph 1bis, the responsible body politic shall be liable for the resultant injury and loss.2 in relation to rights of recourse against the offender and the time limits for filing claims for damages or satisfaction, the provisions of the co573 on unlawful acts apply.3 in relation to rights of recourse against the members of the authority issuing the order, cantonal law or the government liability act of 14 march 1958574 applies.573 sr 220574 sr 170.32title eight: pardons, amnesties, re-opening of cases 1. pardons jurisdiction art. 381 the right to grant a pardon in relation to convictions based on this code or any other federal act is exercised:a.575 by the federal assembly in cases in which the criminal or appeals chamber of the federal criminal court or an administrative authority of the confederation has passed judgment;b. by the pardons authority of the canton in cases in which a cantonal authority has passed judgment.575 amended by no ii 2 of the fa of 17 march 2017 (creation of an appeals chamber in the federal criminal court), in force since 1 jan. 2019 (as 2017 5769; bbl 2013 7109, 2016 6199).pardon petition art. 382 1 the petition for a pardon may be filed by the offender, his legal representative or, with consent of the offender, by his defence agent, spouse or registered partner.5762 in the case of political felonies and misdemeanours and in the case offences connected with political felonies or misdemeanours, the federal council or the cantonal government is also entitled to initiate the pardon procedure.3 the pardons authority may stipulate that the petition for a pardon that has been refused may not be filed again before the expiry of a certain period.576 amended by annex no 18 of the same-sex partnership act of 18 june 2004, in force since 1 jan. 2007 (as 2005 5685; bbl 2003 1288). effects art. 383 1 a pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence.2 the pardon decree specifies the extent of the pardon.2. amnesties art. 384 1 the federal assembly may grant an amnesty in criminal matters governed by this code or any other federal act.2 an amnesty excludes the prosecution of specific offences or categories offender and grants the remission of related sentences.3. re-opening of cases art. 385 in the case of convictions based on this code or any other federal act, where important information or evidence comes to light that was not available to the court at the time of the earlier proceedings, the cantons must allow the re-opening of the case for the benefit of the offender.title nine: preventive measures, supplementary provisions and general transitional provisions 1. preventive measures art. 386577 1 the confederation may employ investigative, educational and further measures aimed at preventing specific offences and crime in general.2 it may support projects that have the aim mentioned in paragraph 1.3 it may participate in organisations that carry out measures mentioned in paragraph 1 or establish and support such organisations.4 the federal council regulates the nature, aims and form of the preventive measures.577 in force since 1 jan. 2006 in accordance with the ordinance of 2 dec. 2005 (as 2005 5723)2. supplementary provisions of the federal council art. 387 1 the federal council has the power after consulting the cantons to enact provisions on:a. the execution of cumulative sentences, supplementary sentences and cases where two or more individual sentences are executed simultaneously;b. the assignment of the responsibility for executing sentences and measures to another canton;c. the execution of sentences and measures imposed on persons suffering from illness or invalidity, or elderly persons;d. the execution of sentences and measures in cases under article 80 involving women;e. the wages paid to prison inmates in accordance with article 83.1bis the federal council enacts the required provisions on the establishment of the federal commission for the assessment of the treatability of offenders subject to lifelong incarceration (art. 64c para. 1) relating to the appointment of members of the commission and their remuneration, procedures and the organisation of the commission.5782 the federal council may at the request of the responsible cantonal authority issue special provisions on the separation of the institutions of the canton of the ticino.3 the federal council may provide that data removed from the register of criminal convictions be preserved for research purposes; if such data is preserved, the privacy of the persons concerned must be protected and the principles of data protection must be complied with.4 the federal council may by way of a trial and for limited time:a. introduce or permit new penalties and measures as well as new forms of execution and modify the scope of application of existing sanctions and forms of execution;b. introduce or permit the delegation of the execution of custodial sentences to privately run institutions that satisfy the requirements of this code relating to the implementation of sentences (art. 74-85, 91 and 92). these institutions are subject to the supervision of the cantons.5 the cantonal implementing provisions for the trial of new sanctions and forms of execution and the execution of sentences by privately run institutions (para. 4) require the approval of the confederation in order to be valid.578 inserted by no i of the fa of 21 dec. 2007 (indefinite incarceration of extremely dangerous offenders), in force since 1 aug. 2008 (as 2008 2961 2964; bbl 2006 889).3. general transitional provisions execution of earlier judgments art. 388 1 judgments issued in application of the previous law are executed in accordance with the previous law. the exceptions in paragraphs 2 and 3 are reserved.2 where an act that does not carry a penalty under the new law has led to conviction under the previous law, the sentence or measure imposed is no longer executed.3 the provisions of the new law on the regime for the execution of sentences and measures and on the rights and obligations of prison inmates also apply to offenders who have been convicted in accordance with the previous law.limitation art. 389 1 unless the law provides otherwise, the provisions of the new statute of limitations for prosecution and the execution of sentences and measures, if they are less strict, also apply to offenders who have committed offences or been convicted before this code comes into force.2 the periods of time that have elapsed before the new law comes into force are taken into account.offences prosecuted on complaint art. 390 1 in the case offences that are only prosecuted on complaint, the period for filing a complaint is calculated in accordance with the law that applied at the time of the offence.2 if the new law requires a complaint to be filed in respect of an offence that was prosecuted ex officio under the previous law, the period for filing the complaint begins when the new law comes into force. if the prosecution has already been initiated, it may only be continued if a complaint is filed.3 if the new law stipulates the ex officio prosecution of an offence that was only prosecuted on complaint under the previous law, an offence committed before the new law comes into force is only prosecuted if a complaint is filed.4. cantonal transitional provisions art. 391 the cantons shall notify the confederation of the required transitional provisions to the swiss criminal code.5. commencement of this code art. 392 this code comes into force on 1 january 1942.final provisions of the amendment of 18 march 1971579 579 fa of 18 march 1971, in force since 1 july 1971 (as 1971 777 807; bbl 1965 i 561) and for art. 49 no 4 para. 2, 82-99, 370, 372, 373, 379 no 1 para. 2, 385 and 391 in force since 1 jan. 1974 (as 1973 1840). repealed by no iv of the fa of 13 dec. 2002, with effect from 1 jan. 2007 (as 2006 3459 3535; bbl 1999 1979).final provisions of the amendment of 13 december 2002580 580 as 2006 3459 3535; bbl 1999 19791. execution of sentences1 article 46 applies to the revocation of the suspended execution of a sentence ordered under the previous law. the court may impose a monetary penalty (art. 34-36) or community service (art. 37-39) instead of a custodial sentence.2 the secondary penalties imposed under the previous law of disqualification from holding public office (prev. art. 51581), revocation of parental authority and placing under guardianship (prev. art. 53582), expulsion due to conviction for an offence (prev. art. 55583), prohibition from entering premises licensed to sell alcohol (prev. art. 56584) are repealed when the new law comes into force.3 the provisions of the new law on the execution of custodial sentences (art. 74-85, 91 and 92) and on probation assistance, conduct orders and the voluntary social supervision (art. 93-96) also apply to offenders who were convicted under the previous law.2.585 imposition and execution of measures1 the provisions of the new law on measures (art. 56-65) and on the execution of measures (art. 90) also apply to offenders who committed an offence or were convicted before the new law comes into force. however the following also applies:a. the retrospective ordering of indefinite incarceration in accordance with article 65 paragraph 2 is permitted only if indefinite incarceration would have been possible on the basis of article 42 or 43 number 1 paragraph 2 of the previous law.b. the detention of young adults in a vocational training institution (art. 100bis in its version of 18 march 1971586) and any measure for young adults (art. 61) may not be for a period in excess of four years.2 until twelve months at the latest after the new law comes into force, the court shall assess whether persons indefinitely incarcerated under articles 42 or 43 number 1 paragraph 2 of the previous law fulfil the requirements for imposing a therapeutic measure (art. 59-61 or 63). if they do, the court shall impose the relevant; if not, indefinite incarceration is continued in accordance with the new law.3. register of criminal convictions1 the provisions of the new law on the register of criminal convictions (art. 365-371) also apply to convictions under the previous law.2 by six months at the latest after the new law comes into force, the competent authority shall ex officio remove entries relating to:a. educative measures (art. 91 in its version of 18 march 1971587), with the exception of those ordered on the basis of article 91 number 2 in its version of 18 march 1971;b. special treatment (art. 92 in its version of 18 march 1971);c. the obligation to perform work (art. 95 in its version of 18 march 1971).5883 entries deleted under the previous law are no longer included in the extract from the register of convictions for private individuals.5894. institutions for the execution of measuresthe cantons shall establish institutions for the implementation of measures under articles 59 paragraph 3 and 64 paragraph 3 within ten years at the latest of these amendments coming into force.581 as 1971 777582 bs 3 203583 as 1951 1584 bs 3 203585 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).586 as 1971 777587 as 1971 777588 amended by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).589 inserted by no i of the fa of 24 march 2006 (revision of the law on sanctions and the register of convictions), in force since 1 jan. 2007 (as 2006 3539 3544; bbl 2005 4689).transitional provision to the amendment of 12 december 2014590 590 as 2015 1389; bbl 2014 605article 305bis does not apply to aggravated tax misdemeanours as defined in article 305bis number 1bis that were committed before the amendment of 12 december 2014 comes into force.transitional provision to the amendment of 26 september 2014591 591 as 2015 1623; bbl 2014 889 913the right to information under article 92a also applies to the execution of sentences and measures that was ordered under the previous law.transitional provision to the amendment of 19 june 2015592 592 as 2016 1249; bbl 2012 4721if the offender was sentenced under the previous law to a monetary penalty of more than 180 daily penalty units within the five years prior to the offence the sentence may only be suspended (art. 42 para. 1) where the circumstances are especially favourable.

312.0english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.swiss criminal procedure code(criminal procedure code, crimpc)of 5 october 2007 (status as of 1 july 2021)the federal assembly of the swiss confederation,on the basis of article 123 paragraph 1 of the federal constitution1, and having considered the federal council dispatch dated 21 december 20052,decrees:1 sr 1012 bbl 2006 1085title 1 scope of application and principles chapter 1 scope of application and the administration of criminal justice art. 1 scope of application 1 this code regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law.2 the procedural regulations contained in other federal acts are reserved.art. 2 administration of criminal justice 1 the administration of criminal justice is the responsibility solely of the authorities specified by law.2 criminal proceedings may be conducted and concluded only in the forms provided for by law.chapter 2 principles of criminal procedure law art. 3 respect for human dignity and requirement of fairness 1 the criminal justice authorities shall respect the dignity of the persons affected by the proceedings at all stages of the proceedings.2 they shall in particular comply with:a. the principle of good faith;b. the requirement not to abuse the rights of others;c. the requirement to treat all persons involved in the proceedings equally and fairly and to grant them the right to be heard;d. the prohibition, when taking evidence, of using methods that violate human dignity.art. 4 independence 1 the criminal justice authorities are independent in applying the law and bound solely by the law.2 statutory powers to issue directives to the prosecution authorities under article 14 are reserved.art. 5 principle of expeditiousness 1 the criminal justice authorities shall commence criminal proceedings immediately and conclude them without unjustified delay.2 where an accused is in detention, the proceedings shall be conducted as a matter of urgency.art. 6 principle of substantive truth 1 the criminal justice authorities shall investigate ex officio all the circumstances relevant to the assessment of the criminal act and the accused.2 they shall investigate incriminating and exculpating circumstances with equal care.art. 7 obligation to prosecute 1 the criminal justice authorities are obliged to commence and conduct proceedings that fall within their jurisdiction where they are aware of or have grounds for suspecting that an offence has been committed.2 the cantons may provide:a. for the exclusion or limitation of criminal liability for statements made in the cantonal parliament by the members of their legislative and judicial authorities and of their governments;b. that the prosecution of members of their authorities responsible for the execution of sentences and measures and judicial authorities for felonies or misdemeanours committed while in office be made subject to the authorisation of a non-judicial authority.art. 8 waiving prosecution 1 the public prosecutor and courts shall waive prosecution if the federal law so permits, in particular subject to the requirements of articles 52, 53 and 54 of the swiss criminal code3 (scc).2 unless it is contrary to the private claimant's overriding interests, they shall also waive prosecution if:a. the offence is of negligible importance in comparison with the other offences with which the accused is charged as regards the expected sentence or measure;b. any additional penalty imposed in combination with the sentence in the final judgment would be negligible;c. an equivalent sentence imposed abroad would have to be taken into account when imposing a sentence for the offence prosecuted.3 unless it is contrary to the private claimant's overriding interests, the public prosecutor and courts may waive the prosecution if the offence is already being prosecuted by a foreign authority or the prosecution has been assigned to such an authority.4 in such cases, they shall issue an order stating that no proceedings are being taking or that the ongoing proceedings have been abandoned.3 sr 311.0art. 9 principle of no judgment without a charge 1 an offence may only be judicially assessed if the public prosecutor has brought a related charge against a specific person in the competent court based on precisely described circumstances.2 the foregoing paragraph does not apply to proceedings relating to summary penalty orders and contraventions.art. 10 presumption of innocence and assessment of evidence 1 every person is presumed to be innocent until they have been convicted in a judgment that is final and legally binding.2 the court shall be free to interpret the evidence in accordance with the views that it forms over the entire proceedings.3 where there is insurmountable doubt as to whether the factual requirements of alleged offence have been fulfilled, the court shall proceed on the assumption that the circumstances more favourable to the accused occurred.art. 11 prohibition of double jeopardy 1 no person who has been convicted or acquitted in switzerland by a final legally binding judgment may be prosecuted again for the same offence.2 the foregoing paragraph does not apply to proceedings that have been waived or abandoned and to the review of a case.title 2 criminal justice authorities chapter 1 powers section 1 general provisions art. 12 prosecution authorities the prosecution authorities are:a. the police;b. the public prosecutor;c. the authorities responsible for prosecuting contraventions.art. 13 courts the following bodies have judicial powers in criminal proceedings:a. the compulsory measures court;b. the court of first instance;c. the objections authority;d. the court of appeal.art. 14 titles and organisation of the criminal justice authorities 1 the confederation and the cantons shall determine their own criminal justice authorities and the titles that they use.2 they shall regulate the composition, organisation and powers of the criminal justice authorities and the appointment of their members, unless this code or other federal acts regulate the same in full.3 they may establish the offices of a chief public prosecutor or attorney general.4 they may establish two or more similar criminal justice authorities and specify the local or material jurisdiction of each; exempted therefrom are the objections authority and the court of appeal.5 they shall regulate the supervision of their criminal justice authorities.section 2 prosecution authorities art. 15 police 1 the activities of the federal, cantonal and communal police in prosecution matters are governed by this code.2 the police investigate offences on their own initiative, in response to reports from members of the public and from authorities, and on the instructions of the public prosecutor; in doing so, they are subject to the supervision and the directives of the public prosecutor.3 where criminal proceedings are pending before a court, the court may issue the police with instructions and assignments.art. 16 public prosecutor 1 the public prosecutor is responsible for the uniform exercise of the state's right to punish criminal conduct.2 it conducts preliminary proceedings, pursues offences within the scope of the investigation, and where applicable brings charges and acts as prosecutor.art. 17 authorities responsible for prosecuting contraventions 1 the confederation and the cantons may delegate the prosecution and adjudication of contraventions to administrative authorities.2 where contraventions are committed in connection with a felony or misdemeanour, they shall be prosecuted by the public prosecutor and judged by the courts at the same time as the more serious offence.section 3 courts art. 18 compulsory measures court 1 the compulsory measures court is responsible for ordering the accused's remand or preventive detention and, where this code so provides, for ordering or approving additional compulsory measures.2 members of the compulsory measures court may not sit as judge in the main hearing in the same case.art. 19 court of first instance 1 the court of first instance assesses, as the first instance, all offences that do not fall within the jurisdiction of other authorities.2 the confederation and the cantons may provide that the court of first instance comprise one judge sitting alone to assess:a. contraventions;b. felonies and misdemeanours, with exception of those for which the public prosecutor demands a custodial sentence of more than two years, indefinite incarceration in terms of article 64 scc4, treatment in terms of article 59 paragraph 3 scc or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.4 sr 311.0art. 20 objections authority 1 the objections authority rules on objections against the procedural acts and decisions not subject to formal appeal:a. of the courts of first instance;b. of the police, the public prosecutor and the authorities responsible for prosecuting contraventions;c. of the compulsory measures court in the cases provided for by this code.2 the confederation and the cantons may assign the powers of the objections authority to the court of appeal.art. 21 court of appeal 1 the court of appeal decides on:a. appeals against judgments of the courts of first instance;b. applications for the review of a case.2 any person who has acted as a member of the objections authority may not sit as a member of the court of appeal in the same case.3 any person who has acted as a member of the court of appeal in a specific case may not act as a judge reviewing the same case.chapter 2 material jurisdiction section 1 extent of federal and cantonal jurisdiction art. 22 cantonal jurisdiction the cantonal criminal justice authorities shall prosecute and judge offences under federal law, subject to the statutory exceptions.art. 23 federal jurisdiction in general 1 the following offences in the scc5 are subject to federal jurisdiction:a.6 the offences in titles one and four and articles 140, 156, 189 and 190 insofar as they are committed against persons protected by international law, members of the federal council, the federal chancellor or judges of the federal courts, members the federal assembly, the federal attorney general or the deputy attorneys general;b. the offences in articles 137-141, 144, 160 and 172ter insofar as they relate to premises, archives or documents of diplomatic missions and consulates;c. the taking of hostages in terms of article 185 in order to exert duress on federal or foreign authorities;d. felonies and misdemeanours under article 224-226ter;e.7 the felonies and misdemeanours in title ten relating to coinage, paper money and banknotes, official stamps and other federal marks, weights and measures;f. the felonies and misdemeanours in title eleven insofar as they relate to official federal documents, with the exception of driving licences and receipts for postal money transfers; not included are vignettes for using first and second class national highways;g.8 the offences in title twelvebis and twelveter as well as article 264k;h. the offences in article 260bis and in titles thirteen to fifteen and in title seventeen, provided they are directed against the confederation, the authorities of the confederation, the will of the people in federal elections, popular votes, requests for a referendum or initiatives, against federal powers or against the administration of federal justice;i. the felonies and misdemeanours in title sixteen;j. the offences in titles eighteen and nineteen insofar as they are committed by a member of an authority or an employee of the confederation or against the confederation;k. the contraventions in articles 329-331;l. political felonies and misdemeanours that are the cause or consequence of unrest that gives rise to armed federal intervention.2 the regulations contained in special federal acts on the jurisdiction of the federal criminal court are reserved.5 sr 311.06 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).7 amended by annex no ii 1 of the fixed penalties act of 18 march 2016, in force since 1 jan. 2018 (as 2017 6559; bbl 2015 959).8 amended by no i 3 of the fa of 18 june 2010 on the amendment of federal legislation in implementation of the rome statute of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).art. 24 federal jurisdiction in the case of organised crime, terrorist offences and white-collar crime9 1 federal jurisdiction further applies to the offences in articles 260ter, 260quinquies, 260sexies, 305bis, 305ter and 322ter-322septies scc10 as well as the felonies associated with a criminal or terrorist organisation as defined in article 260ter scc, if the offences:11a. have to substantial extent been committed abroad;b. have been committed in two or more cantons with no single canton being the clear focus of the criminal activity.2 in the case of felonies under titles two and eleven of the scc, the office of the attorney general of switzerland may open an investigation if:a. the requirements of paragraph 1 are fulfilled; andb. no cantonal criminal justice authority is dealing with the case or if the competent cantonal criminal justice authority requests the office of the attorney general of switzerland to take over the case.3 the opening of an investigation in accordance with paragraph 2 establishes federal jurisdiction.9 amended by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).10 sr 311.011 amended by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).art. 25 delegation to the cantons 1 the office of the attorney general of switzerland may assign a criminal case subject to federal jurisdiction in terms of article 23 to the cantonal authorities for investigation and adjudication or, by way of exception, for assessment only. exempted therefrom are criminal cases in terms of article 23 paragraph 1 letter g.2 in minor cases, it may also assign a criminal case subject to federal jurisdiction in terms of article 24 to the cantonal authorities for investigation and adjudication.art. 26 multiple jurisdiction 1 if the offence was committed in two or more cantons or abroad or if offenders, co-offenders, or participants are domiciled or habitually resident in different cantons, the office of the attorney general of switzerland shall decide which canton investigates and adjudicates the case.2 if a criminal case is subject to both federal and cantonal jurisdiction, the office of the attorney general of switzerland may instruct the proceedings to be combined and dealt with by the federal authorities or the cantonal authorities.3 jurisdiction established in accordance with paragraph 2 continues to apply even if that part of the proceedings that established jurisdiction has been abandoned.4 where delegation in accordance with this chapter is an option, the public prosecutors of the confederation and the cantons shall provide each other with their respective files. once the decision is made, the files shall be passed to the authority that must investigate and adjudicate the case.art. 27 jurisdiction over the initial enquiries 1 where a case is subject to federal jurisdiction, the matter is urgent and the federal criminal justice authorities are not yet involved, the police enquiries and the investigation may also be conducted by the cantonal authorities that have local jurisdiction under the rules on place of jurisdiction. the office of the attorney general of switzerland must be notified immediately; the case must be transferred to the oag or referred for a decision in terms of articles 25 or 26 as soon as possible.2 in the case of offences that have been committed wholly or partly in two or more cantons or abroad and for which federal or cantonal jurisdiction has not yet been established, the federal criminal justice authorities may conduct the initial enquiries.art. 28 conflicts in the event of conflicts between the office of the attorney general of switzerland and cantonal criminal justice authorities, the federal criminal court shall decide.section 2 jurisdiction where two or more offences coincide art. 29 principle of unity of proceedings 1 offences shall be prosecuted and adjudicated together where:a. one person is accused of two or more offences; orb. the case involves co-offending or participation.2 where one or more of multiple offences are subject to federal jurisdiction or multiple offences have been committed in different cantons and by two or more persons, articles 25 and 33-38 take precedence.art. 30 exceptions the public prosecutor and the courts may separate or combine criminal proceedings for practical reasons.chapter 3 place of jurisdiction section 1 principles art. 31 place of jurisdiction of the place of commission 1 the authorities of the locus of criminal act was committed have jurisdiction to prosecute and adjudicate the offence. if it is only the outcome of the offence that occurs in switzerland, the authorities at the place where it occurs have jurisdiction.2 where the offence is committed in two or more places or if the outcome occurs in two or more places, the authorities in the place where the initial prosecution procedures are carried out have jurisdiction.3 where an accused has committed two or more felonies, misdemeanours or contraventions in the same locus, the various proceedings shall be combined.art. 32 place of jurisdiction for offences committed abroad or at an unknown location 1 where an offence was committed abroad or if the place of commission cannot be established, the authorities of the place where the accused is domiciled or habitually resident has jurisdiction to prosecute and adjudicate the offence.2 if the accused is neither domiciled nor habitually resident in switzerland, the authorities at his or her place of origin have jurisdiction; in the absence of a place of origin, the authorities of the place where the accused was found have jurisdiction.3 in the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, authorities of the canton requesting extradition have jurisdiction.section 2 special jurisdiction art. 33 place of jurisdiction in the case of two or more participants 1 the participants in an offence shall be prosecuted and adjudicated by the same authorities as the principal offender.2 if an offence has been committed by two or more co-offenders, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.art. 34 place of jurisdiction where two or more offences are committed at different loci 1 where an accused has committed two or more offences at different loci, the authorities of the place where the offence that carries the most severe penalty was committed have jurisdiction to prosecute and adjudicate all offences. where two or more offences carry the same penalty, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.2 where charges have already been brought in a participant canton in respect of one of the offences at the time of the procedure to establish jurisdiction in accordance with articles 39-42, the proceedings shall be conducted separately.3 where a person is sentenced by different courts to two or more similar penalties, the court that has imposed the most severe penalty shall on application impose a cumulative sentence on the convicted person.art. 35 place of jurisdiction for offences via the media 1 in the case of an offence under article 28 scc12 committed in switzerland, the authorities of the place where the media undertaking has its registered office have jurisdiction.2 if the author is known and if he or she is domiciled or habitually resident in switzerland, the authorities at the domicile or the place of habitual residence have jurisdiction. in such a case, the proceedings shall be conducted where the initial prosecution procedures were carried out. in the case of offences prosecuted only on complaint, the complainant may choose between the two places of jurisdiction.3 where no place of jurisdiction is established by paragraphs 1 or 2, the authorities of the place where the media product is broadcast have jurisdiction. if broadcasting takes place in two or more places, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.12 sr 311.0art. 36 place of jurisdiction in the case of debt enforcement and bankruptcy offences and criminal proceedings against corporate undertakings 1 in the case of offences in accordance with articles 163-171bis scc13, the authorities at the domicile, place of habitual residence or registered office of the debtor have jurisdiction responsible.2 for criminal proceedings against a corporate undertaking in terms of article 102 scc, the authorities at the registered office of the undertaking have jurisdiction. the foregoing also applies if a person acting for the undertaking is also being prosecuted for the same offence.3 in the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, jurisdiction is established in accordance with articles 31-35.13 sr 311.0art. 37 place of jurisdiction for separate forfeiture proceedings 1 separate forfeiture proceedings (art. 376-378) must be carried out in the place where the items or assets to be forfeited are located.2 if the items or assets to be forfeited are located in two or more cantons and if they are connected to the same offence or offender, the authorities of the place where the forfeiture proceedings were initiated has jurisdiction.art. 38 establishing an alternative place of jurisdiction 1 the public prosecutors may by mutual agreement establish a place of jurisdiction other than that provided for in articles 31-37 if this is justified by the focus of the criminal activity, the personal circumstances of the accused or other just cause.2 in order to safeguard the procedural rights of a party, after charges have been filed, the cantonal objections authority may on application from that party or ex officio transfer the adjudication to another court of first instance in the same canton with material jurisdiction in derogation from the rules on place of jurisdiction in this chapter.section 3 procedure for establishing jurisdiction art. 39 verification of and agreement on jurisdiction 1 the criminal justice authorities shall verify their jurisdiction ex officio and if necessary transfer the case to the competent authority.2 where two or more criminal justice authorities have local jurisdiction, the public prosecutors concerned shall notify each other immediately of the essential elements of the case and endeavour to reach agreement as soon as possible.art. 40 conflicts of jurisdiction 1 in the event of a dispute over jurisdiction between criminal justice authorities in the same canton, the office of the chief cantonal prosecutor or cantonal attorney general shall make the final decision or, if there is no such office, the cantonal objections authority.2 in the event of a dispute over jurisdiction between criminal justice authorities in different cantons, the public prosecutor of the canton that was first to deal with the matter shall submit the issue immediately, and in every case before bringing charges, to the federal criminal court for decision.3 the authority competent to decide on the place of jurisdiction may specify a place of jurisdiction other than that provided for in articles 31-37 if this is required due to the focus of the criminal activity or the personal circumstances of the accused or if there is other just cause.art. 41 contesting the place of jurisdiction 1 if a party wishes to contest the jurisdiction of the authority conducting the criminal proceedings, he or she must immediately request the authority to transfer the case to the competent criminal justice authority.2 the parties may file an objection within 10 days with the authority responsible for the decision on the place of jurisdiction in terms of article 40 against the decision on the place of jurisdiction (art. 39 para. 2) made by the public prosecutors concerned. if the public prosecutors have agreed on an alternative place of jurisdiction (art. 38 para. 1), only the party whose request under paragraph 1 is rejected has the right to file an objection.art. 42 common provisions 1 until a binding decision is made on the place of jurisdiction, the first authority to deal with the case shall carry out any measures that cannot be delayed. if necessary the authority responsible for the decision on the place of jurisdiction shall designate the authority that must provisionally deal with the matter.2 persons who have been arrested shall only be transferred to the authorities of other cantons when a binding decision on jurisdiction has been made.3 a place of jurisdiction established in accordance with articles 38-41 may be changed only if good cause has subsequently arisen before charges have been brought.chapter 4 domestic mutual assistance section 1 general provisions art. 43 scope of application and definition 1 the provisions this chapter regulate mutual assistance in criminal matters provided by federal and cantonal authorities to public prosecutors, authorities responsible for prosecuting contraventions and federal and cantonal courts.2 in relation to the police, these provisions apply to the extent that the police are acting on instructions from public prosecutors, authorities responsible for prosecuting contraventions and courts.3 direct mutual assistance between police authorities at federal and cantonal levels and between two or more cantonal police authorities is permitted provided it does not relate to compulsory measures that fall within the exclusive competence of the public prosecutor or the court.4 mutual assistance is deemed to be any measure requested by an authority within the scope of their competence in ongoing criminal proceedings.art. 4414 obligation to provide mutual assistance the federal and cantonal authorities are obliged to provide mutual assistance in respect of offences being prosecuted and adjudicated under federal law in application of this code.14 the correction by the federal assembly drafting committee dated 10 nov. 2014, published on 25 nov. 2014 relates only to the french text (as 2014 4071).art. 45 support 1 the cantons shall, to the extent that it is required and possible, provide the criminal justice authorities of the confederation and other cantons with rooms in which to carry out their official duties and for the accommodation of persons detained pending the main hearing.2 at the request of the federal criminal justice authorities, the cantons shall take the measures required to guarantee the security of the official duties of these authorities.art. 46 direct communication 1 the authorities shall communicate directly with each other15.2 requests for mutual assistance may be filed in the language of the requesting or the requested authority.3 if there is any uncertainty as to which authority has jurisdiction, the requesting authority shall file the request for mutual assistance with the highest public prosecutor of the requested canton or of the confederation. this service shall pass the request on to the relevant office.15 details of the competent local swiss justice authority for mutual assistance requests may be obtained from the following website: www.elorge.admin.chart. 47 costs 1 mutual assistance is provided free of charge.2 the confederation shall reimburse the cantons the costs of support as defined in article 45 that it has caused them to incur.3 notice shall be given to the requesting canton or the confederation of any costs that have arisen in order that they may be charged to the parties liable to pay costs.4 the requesting canton or the confederation shall bear any obligations to pay damages arising from mutual assistance measures.art. 48 disputes 1 the objections authority in the relevant canton shall make a final decision on any dispute over mutual assistance between authorities of the same canton.2 the federal criminal court decides on conflicts between federal and cantonal authorities as well as between authorities of different cantons.section 2 procedural acts at the request of the confederation or of another canton art. 49 principles 1 the federal and cantonal public prosecutors and courts may request the criminal justice authorities of other cantons or of the confederation to carry out procedural acts. the requested authority shall not examine whether the requested procedural acts are admissible or equitable.2 the authorities of the requesting canton or of the confederation have jurisdiction to hear appeals against mutual assistance measures. only the implementation of the mutual assistance measures may be contested before the authorities of the requested canton or of the confederation.art. 50 request for compulsory measures 1 the requesting authority shall request that a person be arrested with a written warrant for an enforced appearance (art. 208).2 if possible, the requested authority shall hand over the arrested persons within 24 hours.3 applications for other compulsory measures must include a brief notice of the grounds. in cases of urgency, notice of the grounds may be provided later.art. 51 right to participate 1 the parties, their legal agents and the requesting authority may participate in the requested procedural acts, insofar as this code provides therefor.2 if participation is possible, the requested authority shall notify the requesting authority, the parties and their legal agents as to where and when the procedural act will be carried out.section 3 procedural acts in another canton art. 52 principles 1 federal and cantonal public prosecutors, authorities responsible for prosecuting contraventions and courts are entitled to order and carry out any of the procedural acts specified in this code directly in another canton.2 prior notice shall be given to the public prosecutor of the canton in which the procedural act is to be carried out. in cases of urgency, subsequent notice is possible. no notice is required for obtaining information and for requesting the handover of files.3 the costs of the procedural acts and any related obligations to pay damages shall be borne by the confederation or the canton carrying out the act; it may charge the costs to the parties in accordance with articles 426 and 427.art. 53 using the services of the police if the requesting authority requires the support of the police in order to carry out a procedural act, it shall make the relevant request to the public prosecutor of the requested canton, which shall issue the necessary instructions to the local police.chapter 5 international mutual assistance art. 54 scope of application of this code the provision of international mutual assistance and the mutual assistance proceedings are governed by this code only to the extent that other federal acts and international agreements make no provision therefor.art. 55 jurisdiction 1 where a canton is involved in a case of international mutual assistance, the public prosecutor has jurisdiction.2 during the main hearing, the courts may themselves submit requests for mutual assistance.3 the powers of the authorities responsible for the execution of sentences and measures are reserved.4 where federal law assigns mutual assistance duties to a judicial authority, the objections authority has jurisdiction.5 where a canton dealing with a request for mutual assistance from abroad carries out procedural acts in other cantons, the provisions on domestic mutual assistance apply.6 the cantons shall regulate any additional procedures.chapter 6 recusal art. 56 grounds for recusal a person acting for a criminal justice authority shall recuse him- or herself if he or she:a. has a personal interest in the case;b. has acted in another capacity in the same case, and in particular as a member of an authority, as the legal agent for a party, as an expert witness, or as a witness;c. is married to, or living in a registered partnership or cohabiting with a party, his or her legal agent or a person who has acted as a member of the lower court;d. is related to a party by birth or by marriage directly or collaterally up to and including the third degree;e. is related to the legal agent of a party or of a person who acted in the same case as a member of the lower court directly or collaterally up to and including the second degree;f. may not be impartial for other reasons, in particular due to friendship or enmity with a party or his or her legal agent.art. 57 duty to notify where a person acting for a criminal justice authority has grounds for recusal, that person shall notify the director of proceedings in good time.art. 58 recusal request by a party 1 if a party requests that a person acting for a criminal justice authority be recuse him- or herself, the party must submit the relevant application to the director of proceedings as soon as he or she becomes aware of the grounds for recusal; the circumstances justifying recusal must be credibly substantiated.2 the person concerned shall respond to the application.art. 59 decision 1 if grounds for recusal in terms of article 56 letter a or f are claimed or if a person acting for a criminal justice authority opposes a party application for recusal based on article 56 letters b-e, the following authorities shall issue a final decision without taking additional evidence:a. the public prosecutor if matter relates to the police;b. the objections authority if the matter relates to the public prosecutor, the authorities responsible for prosecuting contraventions or the courts of first instance;c. the court of appeal if the matter relates to the objections authority or individual members of the court of appeal;d.16 the federal criminal court if the matter relates to an entire cantonal court of appeal.2 the decision shall be issued in writing and with a statement of reasons.3 until the decision is issued, the person concerned shall continue to exercise his office.4 if the application is approved, the procedural costs are borne by the confederation or the canton. if it is rejected or was clearly submitted too late or vexatious, the costs are borne by the applicant.16 amended by no ii 3 of the fa of 17 march 2017 (creation of an appeals chamber in the federal criminal court), in force since 1 jan. 2019 (as 2017 5769; bbl 2013 7109, 2016 6199).art. 60 consequences of violating the recusal regulations 1 where a person subject to recusal has participated in official acts, these acts must be annulled and repeated if so requested by a party within 5 days of becoming aware of the decision on recusal.2 evidence that cannot be taken again may be taken into consideration by the criminal justice authority.3 if the ground for recusal comes to light only after conclusion of the proceedings, the provisions on the review of cases apply.chapter 7 director of proceedings17 17 revised by the federal assembly drafting committee (art. 58 para. 1 parla; sr 171.10). art. 61 jurisdiction the persons responsible for directing the proceedings are:a. until proceedings are abandoned or charges are brought: the public prosecutor;b. in contravention proceedings: the authority responsible for prosecuting contraventions;c. in court proceedings before two or more judges: the president of the court concerned;d. in court proceedings before one judge sitting alone: the judge.art. 62 general duties 1 the director of proceedings makes the arrangements required to guarantee the lawful and orderly conduct of the proceedings.2 in court proceedings before two or more judges, the director of proceedings holds all the powers that are not reserved to the court.art. 63 measures to ensure order in court 1 the director of proceedings shall ensure security, quiet and order during the hearings.2 the director of proceedings may warn any person who disrupts the hearings or breaches the rules of respectable behaviour. in the event of any repetition, he or she may deny them the right to speak, order them to leave the court and if necessary have them held in police custody until the conclusion of the hearing. he or she may order that the court be cleared.3 the director of proceedings may request the assistance of the police at the place where the proceedings are being held.4 if a party is excluded from the court, the proceedings shall nevertheless be continued.art. 64 disciplinary measures 1 the director of proceedings may order a person who disrupts the hearings, breaches the rules of respectable behaviour or disregards procedural orders to pay a fixed penalty fine of up to 1000 francs.2 fixed penalty fines imposed by the public prosecutor and the courts of first instance may be challenged before the objections authority within 10 days. its decision is final.art. 65 right of appeal against procedural orders issued by the court 1 procedural orders issued by the court may only be challenged when the final judgment is issued.2 if the director of proceedings in a court with two or more judges has issued procedural orders before the main hearing, the court may amend or revoke such orders ex officio or on request.chapter 8 general procedural regulations section 1 requirement of oral proceedings; language art. 66 requirement of oral proceedings proceedings before the criminal justice authorities shall be conducted orally unless this code provides for written proceedings.art. 67 language of the proceedings 1 the confederation and the cantons shall determine the languages to be used by their criminal justice authorities in proceedings.2 the cantonal criminal justice authorities shall carry out all procedural acts in the languages that they use in proceedings; the director of proceedings may permit exceptions.art. 68 translation and interpretation 1 where a party to the proceedings does not understand the language of the proceedings or is unable to express him- or herself adequately, the director of proceedings shall appoint an interpreter. in minor or urgent cases, the director of proceedings may, if the person concerned consents, dispense with appointing an interpreter provided the director of proceedings and the clerk of court have an adequate command of the foreign language concerned.2 even if he or she has a defence lawyer, the accused shall be notified in a language that he or she understands, either orally or in writing, of at least the essential content of the most important procedural acts. there is no right to have all procedural acts and files translated in full.3 files that are not submissions made by parties shall, if required, be translated in writing or orally translated for the record of proceedings.4 a person of the same sex must be appointed to translate questions to be put to the victim of a sexual offence where the victim so requests and it is possible without causing an unreasonable delay to the proceedings.5 the provisions on expert witnesses (art. 73, 105, 182-191) apply mutatis mutandis to translators and interpreters.section 2 public proceedings art. 69 principles 1 proceedings before the court of first instance and the court of appeal, together with the oral passing of judgments and decrees of these courts shall, with the exception of the judges' deliberations, be conducted in public.2 if the parties to such cases have waived their right to the public passing of judgment, or if a summary penalty order is issued, interested persons may inspect the judgments and summary penalty orders.3 the following proceedings are not conducted in public:a. preliminary proceedings, with the exception of public announcements made by the criminal justice authorities;b. proceedings before the compulsory measures court;c. proceedings before the objections authority and, in cases where they are conducted in writing, before the court of appeal;d. summary penalty order proceedings.4 public hearings are open to all members of the public; however, persons under 16 years of age shall only be admitted with the permission of the director of proceedings.art. 70 restrictions on and exclusion of public access 1 the court may completely or partly exclude members of the public from court hearings if:a. public safety or order or the legitimate interests of a person involved, and in particular the victim, so require;b. too many members of the public wish access to the court.2 if members of the public are excluded, the accused, the victim and private claimants may each be accompanied by a maximum of three confidants.3 subject to specific requirements, the court may allow court reporters and additional persons with a legitimate interest access to proceedings that are private in accordance with paragraph 1.4 if members of the public are excluded, the court shall pass judgement at a public hearing or shall if required inform the public of the outcome of the proceedings in another suitable manner. art. 71 video and audio recordings 1 it is not permitted to make video or audio recordings within the court building or to make such recordings of procedural acts carried out outside the court building.2 persons infringing the foregoing paragraph may be liable to a fixed penalty fine in accordance with article 64 paragraph 1. unauthorised recordings may be confiscated.art. 72 court reporting the confederation and the cantons may regulate the accreditation and rights and obligations of court reporters.section 3 confidentiality, information to the public, communications to authorities art. 73 duty of confidentiality 1 members of criminal justice authorities, their employees and experts appointed by criminal justice authorities shall treat as confidential information that comes to their knowledge in the exercise of their official duties.2 the director of proceedings may require private claimants and other persons involved in the proceedings and their legal agents, under caution as to article 292 scc18, to maintain confidentiality with regard to the proceedings and the persons concerned if the object of the proceedings or a private interest so requires. a time limit must be placed on this obligation.18 sr 311.0art. 74 information to the public 1 the public prosecutor, the courts and, with the consent of the courts, the police may provide the public with information on pending proceedings where this is required:a. so that the public may assist in enquiries into offences or in locating suspects;b. to warn or reassure the public;c. to correct inaccurate reports or rumours;d. due to the special importance of a case.2 the police may also inform the public on their own initiative about accidents and offences without naming the persons involved.3 when providing information to the public, the presumption of innocence and the personal privacy of the persons concerned must be observed.4 in cases involving a victim, authorities and private individuals may only identify the victim or provide information that enables his or her identification outside public court proceedings if:a. the assistance of the public in enquiries into a felony or in tracing suspects is required; orb. the victim or his or her survivors consent.art. 75 communications with other authorities 1 where an accused is serving a sentence or subject to a criminal measure, the criminal justice authorities shall inform the authorities responsible for the execution of sentences or measures of any new criminal proceedings and any decisions issued.2 the criminal justice authorities shall inform the social services and child and adult protection authorities of any criminal proceedings that have been initiated and of any decisions in criminal proceedings if this is required for the protection of an accused or a person suffering harm or his or her next-of-kin.193 if they establish in the prosecution of offences in which minors are involved that further measures are required, they shall inform the child protection authorities immediately.203bis the director of proceedings shall notify the defence group of pending criminal proceedings against members of the armed forces or potential conscripts if there are serious indications or other evidence that the person concerned could use a firearm to harm themselves or other persons.214 the confederation and the cantons may require or authorise the criminal justice authorities to make further communications to authorities.19 amended by annex no 2 of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).20 amended by annex no 2 of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).21 inserted by no i 2 of the fa of 25 sept. 2015 on improving the exchange of information between authorities in relation to weapons, (as 2016 1831; bbl 2014 303). amended by annex no 3 of the fa of 18 march 2016, in force since 1 jan. 2018 (as 2016 4277, 2017 2297; bbl 2014 6955).section 4 records art. 76 general provisions 1 the statements of the parties, the oral decisions of the authorities and any other procedural acts that are not carried out in writing shall be recorded.2 the clerk of court, the director of proceedings and, where applicable, the interpreter or translator shall confirm the accuracy of the record.3 the director of proceedings is responsible for ensuring that procedural acts are completely and correctly recorded.4 he or she may order that an audio or video recording of all or part of a procedural act be made, in addition to its being recorded in writing. he or she shall give those present advance notice of such a recording.art. 77 records of proceedings the records of proceedings contain details of all the essential procedural acts and in particular provide information on:a. the nature, place, date and time of the procedural acts;b. the names of the participant members of authorities, the parties, their legal agents and any other persons present;c. the applications of the parties;d. the caution given regarding the rights and obligations of the persons examined;e. the statements made by the persons examined;f. the course of events in the proceedings, the instructions given by the criminal justice authority and compliance with the formal requirements for the individual procedural acts;g. the files and other evidence submitted by the persons involved in the proceedings or otherwise produced in the criminal proceedings;h. the decisions and the grounds therefor, unless these are separately included in the files.art. 78 records of hearings 1 the statements of the parties, witnesses, persons providing information and expert witnesses shall be recorded as they are made.2 the record is made in the language of the proceedings, but important statements must if possible be recorded in the language in which the person examined makes them.3 decisive questions and answers shall be recorded verbatim.4 the director of proceedings may permit the person examined to dictate his or her own statements.5 on conclusion of the examination hearing, the record shall be read out to the person examined or given to him or her to read. once aware of its content, the person examined must sign the record and initial each page. if he or she refuses to read or sign the record, the refusal and reasons given for doing so shall be noted in the record.5bis if the examination in the main hearing is recorded using technical aids, the court may dispense with reading the transcript back to the person examined and or giving that person the transcript to read and sign. the recordings are placed in the case files.226 in the case of hearings by means of video conference, the person examined shall make an oral declaration that he or she understands the content of the record instead of signing and initialling the same. the declaration shall be noted in the record.7 if records written by hand are not easily legible or if the statements have been recorded in shorthand, a legible copy shall be prepared immediately. notes shall be preserved until the conclusion of the proceedings.2322 inserted by no i 2 of the fa of 28 sept. 2012 (transcription regulations), in force since 1 may 2013 (as 2013 851; bbl 2012 5707 5719).23 amended by no i 2 of the fa of 28 sept. 2012 (transcription regulations), in force since 1 may 2013 (as 2013 851; bbl 2012 5707 5719).art. 79 corrections 1 obvious errors shall be corrected by the director of proceedings and the clerk of court; the director of proceedings shall thereafter notify the parties of the corrections.2 the director of proceedings shall decide on requests to have the records corrected.3 corrections, alterations, deletions and additions shall be certified by the clerk of court and the director of proceedings. any alterations to the content shall be made in such a manner that the original record remains recognisable.section 5 decisions art. 80 form 1 decisions that determine substantive criminal or civil issues are issued in the form of a judgment. other decisions, if made by a judicial authority comprising two or more members, are issued in the form of a decree, or if they are made by a single person, in the form of a ruling. the provisions on summary penalty order procedures are reserved.2 decisions are issued in writing and contain a statement of the grounds. they are signed by the director of proceedings and the clerk of court and are served on the parties.3 simple procedural decrees and rulings do not require to be issued in any specific form or to contain a statement of grounds; they are noted in the case records and notified to the parties in a suitable manner.art. 81 content of final judgments 1 judgments and other decisions concluding proceedings contain:a. an introduction;b. a statement of the grounds;c. conclusions;d. if subject to appeal: instructions on appellate remedies.2 the introduction contains:a. details of the criminal justice authority and its members who participated in making the decision;b. the date of the decision;c. sufficient details of the parties and of their legal agents;d. in the case of judgments, the final submissions made by the parties.3 the statement of the grounds contains:a. in the case of judgments: an appraisal of the factual and legal issues relating to the conduct incriminating the accused, and an explanation of why any sanctions, incidental legal orders and costs or damages were imposed;b. in the case of other decisions concluding proceedings: the reasons for concluding the proceedings.4 the conclusions contain:a. details of the statutory provisions;b. in the case of judgments: the verdict and decisions on related sanctions, costs and damages and any civil claims;c. in the case of other decisions concluding proceedings: the order concluding the proceedings;d. the subsequent decisions of the court;e. the decision on the incidental legal orders;f. the details of the persons and authorities who are to receive a copy of the decision or of the conclusions.art. 82 limitations to the duty to state grounds 1 the court of first instance shall dispense with a written statement of the grounds if it:a. states the grounds for the judgment orally; andb. it does not impose a custodial sentence of more than two years, indefinite incarceration under article 64 scc24, treatment in terms of article 59 paragraph 3 scc or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.2 the court shall provide the parties retrospectively with a written judgment stating the grounds if:a. a party requests the same within 10 days of service of the conclusions;b. a party files an appeal.3 if it is only the private claimant who requests a written judgment stating the grounds or who appeals, the court shall provide a statement of grounds only to the extent that this relates to the criminal conduct to the prejudice of the private claimant and to his or her civil claims.4 in the appellate proceedings, the court may refer to the grounds stated by the lower court in its appraisal of the factual and the legal issues in the case.24 sr 311.0art. 83 explanation and correction of decisions 1 if the conclusions to the decision are unclear, contradictory or incomplete, or if they are inconsistent with the grounds, the criminal justice authority that made the decision shall explain or correct the decision on the application of a party or on its own initiative.2 the application must be submitted in writing, indicating the matters that are contested or the amendment that are requested.3 the criminal justice authority shall allow the other parties the opportunity to comment on the application.4 notice of the explanation for or corrections to the decision shall be given to the parties.section 6 notice and service of decisions art. 84 notice of decisions 1 if the proceedings are public, the court shall give notice of the judgment orally on conclusion of its deliberations and state the grounds in brief.2 the court shall provide the parties with a written copy of the conclusions at the end of the main hearing or serve it on the parties within 5 days.3 if the court is unable to issue the judgment immediately, it shall do so as soon as possible and give notice of the judgment in rearranged main hearing. if in such an event the parties waive their right to have the judgment issued publicly, the court shall serve the conclusions of the judgment on them immediately after it has been reached.4 if the court has to state grounds for the judgment, it shall serve the judgment with a full statement of grounds on the accused and the public prosecutor within 60 days, or by way of exception 90 days. the other parties shall be served only with those parts of the judgment in which their applications are mentioned.5 the criminal justice authority shall give notice of simple procedural decrees or rulings to the parties in writing or orally.6 notice of decisions shall be given to other authorities in accordance with federal and cantonal law, notice of appeal decisions shall also be given to the lower court, and notice of legally binding decisions shall if necessary be given to the authorities responsible for the execution of sentences and measures and to the authorities responsible for the register of convictions.art. 85 form and service of communications 1 the criminal justice authorities shall issue communications in writing, unless this code provides otherwise.2 service shall be effected by registered mail or in any other way provided confirmation of receipt is obtained, and in particular by personal service by the police3 it is effected if the delivery is accepted by addressee or by an employee thereof or a person living in the same household who is at least 16 years old, unless the law enforcement authority has instructed that delivery be made to the addressee in person.4 it is also deemed to be effected:a. in the case of a delivery by registered mail that is not collected: on the seventh day following the unsuccessful attempt at service, provided the person is expecting the delivery;b. in the case of personal service, if the addressee refuses to accept service and this is recorded by the messenger: on the day of refusal.art. 8625 electronic service 1 with the consent of the person concerned, communications may be served electronically. they must bear an electronic signature in accordance with the federal act of 18 march 201626 on electronic signatures.2 the federal council shall regulate:a. the signature to be used;b. the format for communications and their attachments;c. the method of transmission;d. the point in time at which the communication is deemed to have been served.25 amended by annex no ii 7 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).26 sr 943.03art. 87 address for service 1 communications must be served on addressees at their domicile, their habitual place of residence or their registered office.2 parties and legal agents whose domicile, habitual place of residence or registered office is abroad must provide an address for service in switzerland; provisions of international agreements under which communications may be served directly are reserved.3 communications address to parties who have appointed a legal agent are validly served if sent to the agent.4 where a party is required to appear personally at a hearing or must personally carry out a procedural act, the related communication shall be served directly on that party. a copy shall be sent to the legal agent.art. 88 public notice 1 service shall be effected by publication in an official gazette designated by the confederation or the canton where:a. the whereabouts of the addressee are unknown and cannot be ascertained despite making reasonable enquiries;b. service is impossible or would lead to exceptional inconvenience;c. a party or his or her legal agent with domicile, habitual residence or registered office abroad has failed to provide an address for service in switzerland.2 service is deemed to be effected on the day of publication.3 in the case of final judgments, only the conclusions of the judgment shall be published.4 decisions to take no proceedings and summary penalty orders are deemed to be served without publication being required.section 7 time limits and deadlines art. 89 general provisions 1 statutory time limits may not be extended.2 there are no court holidays in criminal proceedings.art. 90 commencement and calculation of time limits 1 time limits that are triggered by a communication or the occurrence of an event begin to run from the following day.2 if the time limit is due to expire on a saturday, a sunday or a public holiday recognised under federal or cantonal law, it shall expire on the next working day. the matter shall be determined by the law of the canton in which the party or his or her legal agent is resident or has its registered office.2727 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 91 compliance with time limits 1 the time limit is complied with if the procedural act is carried out to the satisfaction of the competent authority on the day of expiry at the latest.2 submissions must be delivered on the day of expiry of the time limit at the latest to the criminal justice authority or handed for delivery to swisspost, a swiss diplomatic or consular representation or, in the case of persons in custody, the governor of the institution.3 in case of electronic submission, the relevant time for compliance with a time limit is that at which the receipt is issued that confirms that all the steps have been completed that the party must carry out for transmission.284 the time limit is also deemed to be complied with if the submission is received by a swiss authority not competent in the matter on the day of expiry at the latest. this authority shall pass the submission on immediately to the competent criminal justice authority.5 the time limit for making a payment to a criminal justice authority is complied with if the amount due is handed to swisspost or is debited from a postal or bank account in switzerland in favour of the criminal justice authority on the day of expiry at the latest.28 amended by annex no ii 7 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).art. 92 extension of time limits and postponement of hearings the authorities may extend time limits and postpone hearings ex officio or in response to an application. the application must be made before the expiry of the time limit and be adequately justified.art. 93 default a party is in default if he or she fails to carry out a procedural act in time or fails to appear for a hearing.art. 94 new time limit 1 where a party has failed to comply with a time limit and has thus incurred a significant and irremediable loss of rights, he or she may request that a new time limit be fixed; in doing so he or she must credibly show that he or she was not at fault for the failure to comply with the time limit.2 the application must be made in writing with a statement of reasons and submitted within 30 days of the reason for default ceasing to apply to the authority before which the relevant procedural act should have been carried out. the relevant procedural act must be carried out within the same time limit.3 the application only has suspensive effect if the competent authority grants the same.4 the criminal justice authority shall decide on the application in written proceedings.5 paragraphs 1-4 apply mutatis mutandis in the event of failure to attend a hearing. if a new hearing is granted, the director of proceedings shall fix a new date. the provisions on proceedings in absentia are reserved.section 8 data processing art. 95 obtaining personal data 1 personal data must be obtained from the person concerned or with that person's knowledge unless the proceedings would be otherwise be prejudiced or unreasonable inconvenience or expense would be incurred.2 if personal data is obtained without the knowledge of the person concerned, that person must be notified thereof immediately. where overriding public or private interests so require, notification may be dispensed with or postponed.art. 95a29 processing of personal data when processing personal data, the competent criminal justice authorities shall ensure that they make a distinction, as far as possible:a. between the different categories of data subjects;b. between personal data based on facts and personal data based on personal assessments.29 inserted by no ii 3 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 96 disclosure and use in pending criminal proceedings 1 the criminal justice authority may disclose personal data from pending proceedings for use in other pending proceedings if it is anticipated that the data may provide essential information.2 the foregoing paragraph does not apply to:a. articles 11, 13, 14 and 20 of the federal act of 21 march 199730 on measures to safeguard internal security;b. the regulations of the federal act of 13 june 200831 on the federal police information systems;c. the regulations of the federal act of 7 october 199432 on the central offices of the federal criminal police.3330 sr 12031 sr 36132 sr 36033 amended by annex 2 no i 1 let. a of the fa of 13 june 2008 on the federal police information systems, in force since 1 jan. 2011 (as 2008 4989; bbl 2006 5061).art. 97 rights to information in the case of pending proceedings as long as proceedings are pending, the parties and the other participants in the proceedings have, in accordance with their right to inspect case documents, the right to information on personal data relating to them that has been processed.art. 98 correction of data 1 where personal data proves to be incorrect, the relevant criminal justice authorities shall correct it immediately.2 they shall immediately notify authorities to which they have transmitted, made available or disclosed the data of the corrections.3434 amended by no ii 3 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 99 processing and retention of personal data after conclusion of the proceedings 1 after conclusion of the proceedings, the processing of personal data, procedures and legal protection are governed by the provisions of federal and cantonal data protection law.2 the period of retention of personal data after conclusion of proceedings is governed by article 103.3 the provisions of the federal act of 7 october 199435 on the central offices of the federal criminal police, the federal act of 13 june 200836 on the federal police information systems and the provisions of this code on identifying documents and dna profiles are reserved.3735 sr 36036 sr 36137 amended by annex 2 no i 1 let. a of the fa of 13 june 2008 on the federal police information systems, in force since 1 jan. 2011 (as 2008 4989; bbl 2006 5061).section 9 management, inspection and retention of case files art. 100 file management 1 a case file shall be opened for each criminal case. this file shall contain:a. the records of proceedings and examination hearings;b. the documents complied by the criminal justice authority;c. the documents submitted by the parties.2 the director of proceedings shall ensure the systematic filing of documents and sequential indexing; in simple cases, an index is not required.art. 101 inspection of case documents in pending proceedings 1 the parties may inspect the documents relating to the criminal proceedings at the latest following the first interview with the accused and the gathering of the other most important evidence by the public prosecutor; article 108 is reserved.2 other authorities may inspect the case documents if they need to do so for the purposes of pending civil, criminal or administrative proceedings and inspection is not contrary to any overriding public or private interests.3 third parties may inspect the case documents if they claim to have an academic or other legitimate interest in doing so and inspection is not contrary to any overriding public or private interests.art. 102 procedure relating to applications to inspect case documents 1 the director of proceedings decides on whether case documents may be inspected. he or she shall take the measures required to prevent abuses and delays and to protect legitimate interests in confidentiality.2 the case documents must be inspected at the offices of the relevant criminal justice authority or those of another criminal justice authority in mutual assistance proceedings. normally they shall be delivered to other authorities or the legal agents for the parties.3 any person who is entitled to inspect case documents may request copies thereof for a fee.art. 103 retention of case documents 1 the case documents must be preserved at least until conclusion of the time limits for prosecution and for the execution of the sentence have expired.2 the foregoing paragraph does not apply to original documents included in the case file; they must be returned to the persons entitled thereto against written acknowledgement of receipt as soon as the criminal case has been decided by a final judgment.title 3 parties and other persons involved in the proceedings chapter 1 general provisions section 1 definition and status art. 104 parties 1 parties are:a. the accused;b. the private claimant;c. in the main hearing and in appellate proceedings: the public prosecutor.2 the confederation and the cantons may grant full or limited party rights to other authorities that are required to safeguard public interests.art. 105 other persons involved in the proceedings 1 other persons involved in the proceedings are:a. persons suffering harm;b. the person who has reported the offence;c. witnesses;d. persons providing information;e. expert witnesses;f. third parties who have suffered detriment due to procedural acts.2 if the rights of persons involved in the proceedings named in paragraph 1 are directly affected, they shall, in order to safeguard their interests, be entitled to the procedural rights of a party.art. 106 capacity to act 1 the party may validly carry out procedural acts only if he or she has the capacity to act.2 a person lacking the capacity to act shall be represented by his or her statutory representative.3 a person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.art. 107 right to be heard 1 the parties have the right to be heard; in particular, they have the right:a. to inspect case documents;b. to participate in procedural actsc. to appoint a legal agent;d. to comment on the case and on the proceedings;e. to request that further evidence be taken.2 the criminal justice authorities shall notify parties who are unaware of the law of their rights.art. 108 restriction of the right to be heard 1 the criminal justice authorities may restrict the right to be heard if:a. there is justified suspicion that a party is abusing his or her rights;b. this is required for the safety of persons or to safeguard public or private interests in preserving confidentiality.2 restrictions in relation to legal agents are only permitted if the legal agent gives personal cause for imposing a restriction.3 restrictions must be limited in time or to individual procedural acts.4 if the reason for imposing the restriction continues to apply, the criminal justice authorities may base their decisions on files that have not been disclosed to a party only if that party has been informed of the essential content thereof.5 if the reason for the restriction has ceased to apply, the right to be heard must be granted in a suitable form retrospectively.section 2 procedural acts by the parties art. 109 submissions 1 the parties may make submissions to the director of proceedings at any time, subject to the specific provisions thereon in this code.2 the director of proceedings shall examine the submissions and give the other parties the opportunity to comment.art. 110 form 1 submissions may be made in writing or orally on record. written submissions must be dated and signed.2 in the case of electronic submission, the submission and its enclosures must bear a qualified electronic signature in accordance with the federal act of 18 march 201638 on electronic signatures. the federal council shall regulate:a. the format for submissions and their attachments;b. the method of transmission;c. the requirements for requesting the submission of documents in paper form in the event of technical problems.393 procedural acts are not otherwise subject to any formal requirements unless this code provides otherwise.4 the director of proceedings may reject illegible, incomprehensible, improper or incoherent submissions; they shall fix a deadline for the revision of the submission and give notice that the submission if not revised, will not be considered.38 sr 943.0339 amended by annex no ii 7 of the fa of 18 march 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4651; bbl 2014 1001).chapter 2 the accused art. 111 definition 1 for the purposes of this code, the accused is a person suspected, accused of or charged with an offence in a report of a criminal offence, a criminal complaint or in a procedural act carried out by a criminal justice authority.2 the rights and the obligations of an accused also apply to persons in respect of whom it is intended to bring new proceedings following abandonment or a judgment in accordance with article 323 or articles 410-415.art. 112 criminal proceedings against corporate undertakings 1 in criminal proceedings against a corporate undertaking, the undertaking shall be represented by a single person who has unlimited authority to represent the undertaking in private law matters.2 if the undertaking fails to appoint such a representative within a reasonable time, the director of proceedings shall decide which of the persons authorised to represent the undertaking in private law matters will represent the undertaking in the criminal proceedings.3 if a criminal investigation is opened against the person representing the undertaking in the criminal proceedings in respect of the same or related circumstances, the undertaking must appoint another representative. if necessary, the director of proceedings shall appoint another person to represent the undertaking in accordance with paragraph 2, or if no one is available, a suitable third party.4 if proceedings are brought against a natural person and an undertaking in respect of the same or related circumstances, the two proceedings may be combined.art. 113 status 1 the accused may not be compelled to incriminate him or herself. in particular, the accused is entitled to refuse to make a statement or to cooperate in the criminal proceedings. he or she must however submit to the compulsory measures provided for by the law.2 the proceedings continue irrespective of whether the accused cooperates.art. 114 fitness to plead 1 an accused is fit to plead if he or she is physically and mentally capable of understanding the proceedings.2 in the event of temporary unfitness to plead, procedural acts that cannot be delayed shall be carried out in the presence of the defence.3 if the accused remains unfit to plead, the criminal proceedings shall be suspended or abandoned. the special provisions on proceedings against an accused who is not legally responsible due to a mental disorder are reserved.chapter 3 persons suffering harm, victims and private claimants section 1 persons suffering harm art. 115 1 a person suffering harm is a person whose rights have been directly violated by the offence.2 a person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.section 2 victims art. 116 definitions 1 a victim is a person suffering harm whose physical, sexual or mental integrity has been directly and adversely affected by the offence.2 relatives of the victim are his or her spouse, children and parents, and persons closely related to him or her in a similar way.art. 117 status 1 victims have special rights, in particular:a. the right to protection of personal privacy (art. 70 para. 1 let. a, 74 para. 4, 152 para. 1);b. the right to be accompanied by a confidant (art. 70 para. 2, 152 para. 2);c. the right to protective measures (art. 152-154);d. the right to remain silent (art. 169 para. 4);e. the right to information (art. 305 and 330 para. 3);f. the right to a special composition of the court (art. 335 para. 4).2 in the case of victims under the age of 18, additional special provisions protecting personal privacy apply, in particular relating to:a. restrictions on confrontation hearings with the accused (art. 154 para. 4);b. special protective measures during examination hearings (art. 154 para. 2-4);c. abandonment of the proceedings (art. 319 para. 2).3 if relatives of a victim file civil claims, they are entitled to the same rights as the victim.section 3 private claimants art. 118 definition and requirements 1 a private claimant is a person suffering harm who expressly declares that he or she wishes to participate in the criminal proceedings as a criminal or civil claimant.2 the filing of a criminal complaint is regarded as being equivalent to such a declaration.3 the declaration must be made to a criminal justice authority by the end of the preliminary proceedings at the latest.4 if a person suffering harm has not made a declaration of his or her own volition, so the public prosecutor shall advise the person of this possibility after opening the preliminary proceedings.art. 119 form and content of the declaration 1 a person suffering harm may submit a written declaration in writing or make the declaration orally on record.2 in the declaration the person suffering harm may do either or both of the following:a. request the prosecution and punishment of the person responsible for the offence (a criminal complaint);b. file private law claims based on the offence (a civil claim).art. 120 waiver and withdrawal 1 the person suffering harm may at any time declare either in writing or orally on record that he or she waives his or her rights. the waiver is final.2 unless the waiver is expressly limited, it shall be deemed to cover both the criminal and the civil proceedings.art. 121 legal successors 1 if the person suffering harm dies without waiving his or her procedural rights as a private claimant, such rights pass to his or her relatives as defined in article 110 paragraph 1 scc40 in accordance with their ranking under the law of succession.2 any person who by law acquires the rights as a claimant of a person suffering harm does so only in respect of the civil claim and has only those procedural rights that relate directly to the assertion of the civil claim.40 sr 311.0section 4 civil claims art. 122 general provisions 1 the person suffering harm may bring civil claims based on the offence as a private claimant in the criminal proceedings.2 the relatives of the victim have the same right provided they bring their own civil claims against the accused.3 the civil proceedings become pending when a declaration in accordance with article 119 paragraph 2 letter b is made.4 if a private claimant withdraws the civil claim before the end of the main hearing before the court of first instance, they may file the claim again in civil proceedings.art. 123 quantification and statement of the grounds 1 the civil claim must if possible be quantified in the declaration made in accordance with article 119 and a brief statement of the grounds must be provided, detailing the relevant evidence.2 the quantification and statement of the grounds must be specified in the party submissions at the latest.art. 124 jurisdiction and procedure 1 the court hearing the criminal case shall judge the civil claim regardless of the amount involved.2 the accused shall be given the opportunity to respond to the civil claim in the main proceedings before the court of first instance at the latest.3 if the accused accepts the civil claim, this shall be placed on record and recorded in the decision concluding the proceedings.art. 125 security for the claims against the private claimant 1 a private claimant, with the exception of the victim, must on application by the accused lodge security in respect of the accused's probable costs arising from the civil claim if:a. he or she is not domiciled or has no registered office in switzerland;b. he or she appears to be insolvent, in particular if bankruptcy proceedings have been opened or composition proceedings are ongoing or if certificates of loss have been issued;c. for other reasons, there is reason to fear that the accused's claim could be seriously jeopardised or frustrated.2 the director of proceedings for the court shall issue a final judgment on the application. he or she shall determine the amount of security and fix a time limit for its payment.3 the security may be paid in cash or take the form of a guarantee from a bank permanently established in switzerland.4 it may be retrospectively increased, reduced or revoked.art. 126 decision 1 the court decides on pending civil claims in the event that it:a. convicts the accused;b. acquits the accused and the court is in a position to make a decision.2 the civil claim shall be referred for civil proceedings if:a. the criminal proceedings are abandoned or concluded by means of the summary penalty order procedure;b. the private claimant has failed to justify or quantify the claim sufficiently;c. the private claimant has failed to lodge security in respect of the claim;d. the accused has been acquitted but the court is not in a position to make a decision.3 if a full assessment of the civil claim would cause unreasonable expense and inconvenience, the court may make a decision in principle on the civil claim and refer it for civil proceedings. if possible, the court shall rule on minor claims itself.4 in cases involving the victim, the court may firstly decide solely on guilt and the penalty; thereafter the director of proceedings shall, following a further hearing of the parties, rule as a judge sitting alone on the civil claim, irrespective of its amount.chapter 4 legal agents section 1 principles art. 127 1 the accused, the private claimant and the other persons involved in the proceedings may appoint a legal agent to safeguard their interests.2 the parties may appoint two or more persons as legal agent provided this does not unreasonably delay the proceedings. in such a case, they must designate one agent as the principal agent, who is authorised to carry out acts of representation before the criminal justice authorities and whose domicile is deemed to be the sole address for service.3 the legal agent may act for two or more persons involved in the proceedings, subject to the restrictions laid down by law and in their professional code of practice.4 the parties may appoint any person who has the capacity to act, is of unblemished reputation and is trustworthy; the restrictions of the law governing the legal profession are reserved. 5 the defence of the accused is reserved to lawyers who are authorised under the lawyers act of 23 june 200041 to represent parties in court; the foregoing is subject to derogating cantonal provisions on the defence in proceedings relating to contraventions.41 sr 935.61section 2 defence lawyers art. 128 status a defence lawyer is obliged to act solely in the interests the accused, subject to the restrictions laid down by law and in the professional code of practice.art. 129 right to choose a defence lawyer 1 the accused is entitled, in any criminal proceedings and at any stage of the proceedings either to instruct a legal agent as defined in article 127 paragraph 5 to conduct his or her defence (right to choose a defence lawyer) or, subject to article 130, to conduct his or her own defence.2 the accused exercises his or her right to choose a defence lawyer by executing a written power of attorney or making a declaration on record.art. 130 mandatory appointment of a defence lawyer a defence lawyer must be appointed to represent the accused if:a. the period on remand including the period when under arrest has continued for more than 10 days;b.42 the offence concerned carries a custodial sentence of more than a year or a custodial measure or may result in expulsion from switzerland;c. the accused is unable to safeguard his or her interests in the proceedings adequately due to his or her physical or mental condition or for other reasons, and his or her statutory representative is unable to do so either;d. the prosecuting lawyer is appearing in person before the court of first instance or the court of appeal;e. accelerated proceedings (art. 358-362) are being conducted.42 amended by annex no 5 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 131 appointment of the mandatory defence lawyer 1 where the mandatory appointment of a defence lawyer is required, the director of proceedings shall ensure that a defence lawyer is appointed immediately.2 if the requirements for the mandatory appointment of a defence lawyer are fulfilled on commencement of the preliminary proceedings, the defence lawyer must be appointed following the first interview by the public prosecutor, or before opening the investigation at the latest.3 in cases where the appointment of a mandatory defence lawyer is clearly required but evidence is obtained before a defence lawyer is appointed, the evidence obtained is only admissible if the accused waives the right to have the evidence taken again.art. 132 duty defence lawyer 1 the director of proceedings shall appoint a duty defence lawyer if:a. in the event of mandatory appointment of a defence lawyer:1. the accused, despite being requested to do so by the director of proceedings, fails to appoint a defence lawyer of choice, or2. the defence lawyer of choice has been dismissed or has resigned and the accused fails to appoint a new defence lawyer of choice within the time limit set;b. the accused lacks the necessary financial means and requires a defence lawyer to safeguard of his or her interests.2 a defence lawyer is required to safeguard the interests of the accused in particular if the matter is not a minor case and the case involves factual or legal issues that the accused is not qualified to deal with alone.3 a case is no longer regarded as minor if it is probable that a custodial sentence of more than 4 months or a monetary penalty of more than 120 daily penalty units may be imposed on conviction.4343 amended by annex no 3 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), in force since 1 jan. 2018 (as 2016 1249; bbl 2012 4721).art. 133 appointment of the duty defence lawyer 1 the duty defence lawyer is appointed by the person acting as director of proceedings at the relevant stage of the proceedings.2 the director of proceedings shall if possible take account of the wishes of the accused when appointing the duty defence lawyer.art. 134 dismissal and change of duty defence lawyer 1 if there is no longer any reason to have a duty defence lawyer, the director of proceedings shall dismiss the lawyer.2 if the mutual trust between the accused and his or her duty defence lawyer is seriously compromised or the provision of an effective defence is no longer guaranteed for other reasons, the director of proceedings shall appoint another person as the duty defence lawyer.art. 135 duty defence lawyer's fees 1 the duty defence lawyer shall be paid in accordance with the table of legal fees applicable in the confederation or in the canton in which the criminal proceedings were conducted.2 the public prosecutor or the court passing judgment shall determine the fees at the end of the proceedings.3 the duty defence lawyer may file an objection against the decision on fees:a. with the objections authority, where the decision was made by the public prosecutor or the court of first instance; orb. with the federal criminal court, where the decision was made by the objections authority or the cantonal court of appeal.4 if the accused is ordered to pay procedural costs, as soon as his or her financial circumstances permit, he or she must:a. repay the fees to the confederation or the canton;b. pay the defence lawyer the difference between the official fees and the full fees.5 the rights of the confederation or of the canton are subject to a time limit of 10 years from the time when the decision becomes legally binding.section 3 legal aid for the private claimant art. 136 requirements 1 the director of proceedings shall grant the private claimant full or partial legal aid for the enforcement of their civil claims if:a. the private claimant does not have the required financial resources; andb. the civil proceedings does not appear to be without any prospect of success.2 legal aid includes:a. relief from the requirement to make an advance payment or to provide security in respect of costs;b. relief from the requirement to pay procedural costs;c. the appointment of a legal representative if this is necessary to safeguard the rights of the private claimant.art. 137 appointment, dismissal and change the appointment, dismissal and change of the legal representative are governed by articles 133 and 134 mutatis mutandis.art. 138 fees and allocation of costs 1 the legal representative's fees are governed by article 135 mutatis mutandis; the final judgment on who must pay the costs of the legal representative and of any procedural acts in respect of which relief has been granted from making an advance payment to cover costs remains reserved.2 if the private claimant is awarded procedural and legal costs to be paid by the accused, the portion of these costs covered by legal aid must be refunded to the confederation or to the canton.title 4 evidence chapter 1 general provisions section 1 taking evidence and admissibility of evidence art. 139 principles 1 in order to establish the truth, the criminal justice authorities shall use all the legally admissible evidence that is relevant in accordance with the latest scientific findings and experience.2 no evidence shall be led on matters that are irrelevant, obvious, known to the criminal justice authority or already adequately proven in law.art. 140 prohibited methods of taking evidence 1 the use of coercion, violence, threats, promises, deception and methods that may compromise the ability of the person concerned to think or decide freely are prohibited when taking evidence.2 such methods remain unlawful even if the person concerned consents to their use.art. 141 admissibility of unlawfully obtained evidence 1 evidence obtained in violation of article 140 is not admissible under any circumstances. the foregoing also applies where this code declares evidence to be inadmissible.2 evidence that criminal justice authorities have obtained by criminal methods or by violating regulations on admissibility is inadmissible unless it is essential that it be admitted in order to secure a conviction for a serious offence.3 evidence that has been obtained in violation of administrative regulations is admissible.4 where evidence that is inadmissible under paragraph 2 has made it possible to obtain additional evidence, such evidence is not admissible if it would have been impossible to obtain had the previous evidence not been obtained.5 records relating to inadmissible evidence shall be removed from the case documents, held in safekeeping until a final judgment has concluded the proceedings, and then destroyed.section 2 examination hearings art. 142 criminal justice authority conducting the examination hearing 1 examination hearings are conducted by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts. the confederation and the cantons shall decide on the extent to which the employees of these authorities are permitted to conduct examination hearings.2 the police may question accused persons and persons providing information. the confederation and the cantons may determine which police officers may question witnesses on behalf of the public prosecutor.art. 143 conduct of the examination hearing 1 at the start of the examination hearing, the person being questioned shall, in a language they can understand:a. be asked for his or her personal details;b. be advised of the subject matter of the criminal proceedings and of the capacity in which he or she is being interviewed;c. be informed in full of his or her rights and obligations.2 a note must be made in the record that the provisions of paragraph 1 have been complied with.3 the criminal justice authority may make further enquiries in relation to the identity of the person being questioned.4 it shall invite the person being questioned to comment on the subject matter of the examination hearing.5 it shall endeavour by means of clearly formulated questions and contentions to obtain comprehensive statements and to clarify any contradictions.6 the person being questioned shall make his or her statement on the basis of his or her recollections. he or she may make use of written documents with the consent of the director of proceedings; these documents shall be added to the case documents on conclusion of the examination hearing.7 persons with speech or hearing difficulties shall be questioned in writing or with the assistance of a suitably qualified person.art. 144 examination hearing by video conference 1 the public prosecutor and the courts may conduct an examination hearing by video conference if a personal appearance by the person being questioned is not possible or is only possible with unreasonable trouble and expense.2 an audio and video recording shall be made of the examination hearing.art. 145 written reports the criminal justice authority may invite a person being questioned to provide a written report instead of or in addition to holding an examination hearing.art. 146 examination of two or more persons and confrontation hearings 1 the persons being questioned shall be questioned separately.2 the criminal justice authorities may arrange for persons, including those who have the right to refuse to give evidence, to confront each other. the special rights of the victim are reserved.3 they may require persons who have been questioned who will probably be required to confront other persons after the conclusion of the examination hearing to remain at the place of the proceedings until the confrontation hearing is held.4 the director of proceedings may temporarily exclude a person from the hearing if:a. there is a conflict of interest; orb. the person must still be questioned in the proceedings as a witness, a person providing information or as an expert witness.section 3 rights to participate in the taking of evidence art. 147 general provisions 1 parties have the right to be present when the public prosecutor and the courts are taking evidence and to put questions to persons who have been questioned. the presence of the defence lawyer at examination hearings conducted by the police is governed by article 159.2 persons exercising a right to participate do not have the right to request that the taking of evidence be postponed.3 a party or his or her legal agent may request that evidence be taken again if the legal agent or the party without a legal agent is prevented from participating for good cause. evidence need not be taken again if it would involve unreasonable trouble and expense and the right of the party to be heard, and in particular the right to ask questions, can be taken into account in another way.4 evidence obtained in violation of this article is inadmissible against a party who was not present when it was taken.art. 148 in mutual assistance proceedings 1 if evidence is taken abroad in execution of a request for mutual assistance, the right of the parties to participate is satisfied if they:a. are permitted to submit questions to be asked by the requested foreign authority;b. are permitted to inspect the record once the request for mutual assistance has been executed; andc. are permitted to submit written supplementary questions.2 article 147 paragraph 4 applies.section 4 protective measures art. 149 general provisions 1 if there are grounds to assume that a witness, a person providing information, an accused person, an expert witness or a translator or interpreter, or a person related to him or her in terms of article 168 paragraphs 1-3 could be exposed to a serious danger to life and limb or any other serious prejudice by participating in the proceedings, the director of proceedings shall take the appropriate protective measures in response to an application or ex officio.2 the director of proceedings may also suitably restrict the procedural rights of the parties, in particular by:a. ensuring anonymity;b. conducting examination hearings while excluding parties or the public;c. establishing personal details while excluding parties or the public;d. modifying the appearance or voice of the person requiring protection or screening the person from the court;e. limiting rights to inspect case documents.3 the director of proceedings may permit the person requiring protection to be accompanied by a legal agent or a confidant.4 if a person under the age of 18 is interviewed as a witness or person providing information, the director of proceedings may order further protective measures in accordance with article 154 paragraphs 2 and 4.5 the director of proceedings shall ensure in the case of all protective measures that the right of the parties to be heard is respected and in particular that the accused's rights to a proper defence are respected.6 if the person requiring protection has been assured that his or her anonymity will be preserved, the director of proceedings shall take appropriate measures to prevent any confusion or mistaken identity.art. 150 assurance of anonymity 1 the director of proceedings may give an assurance to the person requiring protection that his or her anonymity will be preserved.2 the public prosecutor shall submit its assurance to the compulsory measures court within 30 days for approval; in doing so, it must specify all the details required to assess the legality of the measure. the decision of the compulsory measures court is final.3 if the compulsory measures court declines to approve the measure, any evidence already obtained subject to the assurance of anonymity shall be inadmissible.4 an assurance of anonymity that has been approved or granted is binding on all criminal justice authorities involved in the case.5 the person requiring protection may waive the requirement of anonymity at any time.6 the public prosecutor and the director of proceedings in the court shall revoke the assurance if there is clearly no longer a need for protection.art. 151 measures to protect undercover investigators 1 undercover investigators who have been given an assurance that their anonymity will be preserved have the following rights:a. to have their true identity withheld throughout the entire proceedings and after their conclusion from everyone other than the judges of the courts hearing the case;b. to have no details as to their true identity recorded in the case documents.2 the director of proceedings shall take the required protective measures.art. 152 general measures to protect victims 1 the criminal justice authorities shall safeguard the personal privacy of the victim at every stage of the proceedings.2 the victim may be accompanied at all procedural hearings by a confidant in addition to his or her legal agent.3 the criminal justice authorities shall ensure that the victim does not encounter the accused if the victim so requests. in such a case, they shall take account of the accused's right to be heard in some other way. in particular, they may question the victim while applying protective measures in accordance with article 149 paragraph 2 letters b and d.4 a confrontation hearing may be ordered if:a. the accused's right to be heard cannot be guaranteed in any other way; orb. the hearing is essential for the purpose of the prosecution.art. 153 special measures to protect of victims sexual offences 1 victims of sexual offences may ask to be questioned by a person of the same sex.2 a confrontation hearing with the accused may be ordered against the wishes of the victim only if the accused's right to be heard cannot be guaranteed in any other way.art. 154 special measures to protect child victims 1 a victim is a child within the meaning of this article if he or she is under 18 years of age at the time of the examination hearing or confrontation hearing.2 the first examination hearing with the child must take place as quickly as possible.3 the authority may exclude the confidant from the proceedings if this person could exert a decisive influence on the child.4 if it is evident that the examination hearing or the confrontation hearing could be a serious psychological burden for the child, the following rules apply:a. a confrontation hearing with the accused may be ordered only if the child expressly requests the confrontation hearing or the accused's right to be heard cannot be guaranteed in any other way.b. the child may not normally be interviewed more than twice during the entire proceedings.c. a second interview shall take place only if parties were unable to exercise their rights at the first interview or the examination hearing is essential in the interests of the enquiries or of the child. if possible, the child should be questioned by the same person who conducted the first interview.d. examination hearings shall be conducted in the presence of a specialist by an investigating officer specifically trained for this purpose. unless a confrontation hearing is held, audio and video recordings shall be made of the examination hearing.e. the parties shall exercise their rights through the person asking the questions.f. the person asking the questions and the specialist shall record their special observations in a report.art. 155 measures to protect persons with mental disorders 1 examination hearings with persons with mental disorders shall be limited to essential matters; additional examination hearings shall be avoided.2 the director of proceedings may arrange for specialist criminal or social services authorities to conduct the examination hearing or request that family members, other confidants or expert witnesses attend the examination hearing.art. 156 measures to protect persons outside the proceedings the confederation and the cantons may take measures to protect persons outside the proceedings.chapter 2 examination hearings with the accused art. 157 principle 1 the criminal justice authorities may question the accused at any stage of the criminal proceedings in relation to the offences of which he or she is accused.2 in doing so, they shall give the accused the opportunity to make a comprehensive statement in relation to these offences.art. 158 caution administered at the first interview 1 at the start of the first interview, the police or public prosecutor shall advise the accused in a language that he or she understands:a. that preliminary proceedings have been commenced against him or her, and of the offences that are the subject of the proceedings;b. that he or she is entitled to remain silent and may refuse to cooperate in the proceedings;c. that he or she is entitled to appoint a defence lawyer or if appropriate to request the assistance of a duty defence lawyer;d. that he or she may request the assistance of an interpreter.2 evidence obtained at an examination hearing conducted without the foregoing caution is inadmissible.art. 159 police examination hearings during enquiries 1 in the case of police examination hearings, the accused has the right for his or her defence lawyer to be present and allowed to ask questions.2 in the case of police examination hearings of a person who has been arrested, the person also is entitled to communicate freely with his or her defence lawyer.3 the examination hearing may not be postponed to allow time for the foregoing rights to be exercised.art. 160 examination hearing with an accused who has admitted the offence if the accused has admitted committing the offence, the public prosecutor and court shall assess the credibility of the admission and request the accused to provide more precise details of the circumstances of the offence.art. 161 investigation of personal circumstances at the preliminary proceedings stage the public prosecutor shall question the accused with regard to his or her personal circumstances only if it is expected that the accused will be charged or issued with a summary penalty order or if it is essential for other reasons.chapter 3 witnesses section 1 general provisions art. 162 definition a witness is a person not involved in committing an offence who can make a statement that may assist in the investigation of an offence and who is not a person providing information.art. 163 capacity and duty to testify 1 a person has the capacity to testify if he or she is over the age of 15 and has the required mental capacity with regard to the subject matter of the examination hearing.2 every person with the capacity to testify is obliged to make a statement and to tell the truth, subject to the provisions on rights to refuse to testify.art. 164 enquiries relating to witnesses 1 enquiries may be made into the previous conduct and the personal circumstances of a witness only if this is relevant to an assessment of his or her credibility.2 if there are doubts as to the mental capacity of a witness or if there are indications of a mental disorder, the director of proceedings may order an outpatient examination of the witness if this is justified by the importance of the criminal proceedings and of the witnesses testimony.art. 165 witness's duty of confidentiality 1 the authority conducting the examination hearing may require a witness subject to advising him or her of the penalties under article 292 scc44 to treat the planned or completed interview and its subject matter as confidential.2 this obligation shall be made subject to a time limit.3 the order may be combined with the witness's summons.44 sr 311.0art. 166 interview with the person suffering harm 1 the person suffering harm shall be interviewed as a witness.2 the right to interview the person suffering harm as a person providing information in accordance with article 178 is reserved.art. 167 compensation a witness is entitled to appropriate compensation for loss of income and expenses.section 2 rights to refuse to testify art. 168 right to refuse to testify due to a personal relationship 1 the following persons may refuse to testify:a. the accused's spouse or the person who cohabits with the accused;b. anyone who has a child with the accused;c. anyone who is related to the accused in direct line or by marriage;d. the accused's siblings and stepsiblings and the spouse of a sibling or stepsibling;e. the siblings and stepsiblings of the accused's spouse, and the spouse of such a sibling or stepsibling;f. the accused's foster parents, foster children and foster siblings;g.45 a person appointed to act as guardian or deputy for the accused.2 the right to refuse to testify under paragraph 1 letters a and f remains valid if the marriage is dissolved or if in the case of a foster family46, the foster relationship no longer applies.3 a registered partnership is deemed equivalent to marriage.4 the right to refuse to testify ceases to apply if:a.47 the criminal proceedings concern an offence under articles 111-113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 scc48; andb. the criminal act was directed at a person to whom the witness in accordance with paragraphs 1-3 is related.45 amended by annex no 2 of the fa of 15 dec. 2017 (child protection), in force since 1 jan. 2019 (as 2018 2947; bbl 2015 3431).46 art. 4-11 of the ordinance of 19 oct. 1977 on the placement of children in foster care and for adoption (sr 211.222.338).47 amended by no iii of the fa of 30 sept. 2011, in force since 1 july 2012 (as 2012 2575; bbl 2010 5651 5677).48 sr 311.0art. 169 right to refuse to testify for personal protection or to protect closely related persons 1 a person may the refuse to testify if he or she would incriminate him or herself by testifying such that he or she:a. could be found guilty of an offence;b. could be held liable under the civil law and the interest in protection outweighs the interest in prosecution.2 the right to refuse to testify also applies if the person by testifying would incriminate a closely related person as defined in article 168 paragraphs 1-3; article 168 paragraph 4 remains reserved.3 a person may refuse to testify if by testifying he or she or a closely related person as defined in article 168 paragraphs 1-3 would be exposed to a considerable risk to life and limb or other serious detriment that cannot be prevented by taking protective measures.4 a victim of a sexual offence may in every case refuse to answer questions that relate to his or her private domain.art. 170 right to refuse to testify due to official secrecy 1 public officials as defined in article 110 paragraph 3 scc49 as well as members of authorities may refuse to testify on secret matters communicated to them in their official capacity or which have come to their knowledge in the exercise of their office.2 they must testify if they have been given written authorisation to do so by their superior.3 the superior shall grant authorisation to testify if the interest in establishing the truth outweighs the interest in preserving secrecy.49 sr 311.0art. 171 right to refuse to testify due to professional confidentiality 1 members of the clergy, lawyers, defence lawyers, notaries, patent attorneys, doctors, dentists, pharmacists, psychologists and assistants to such persons may refuse to testify in relation to confidential matters that have been confided to them or come to their knowledge in the course of their professional work.502 they must testify if they:a. are subject to a duty to report; orb. are relieved of their duty of confidentiality in terms of article 321 number 2 scc51 by the person to whom the confidential information pertains or through the written consent of the competent authority. 3 the criminal justice authority shall also respect professional confidentiality in cases where the person entrusted with confidential information is relieved of the duty of confidentiality but he or she establishes that the interest of the person to whom the confidential information pertains outweighs the interest in establishing the truth.4 the provisions of the lawyers act of 23 june 200052 are reserved.50 amended by annex no 2 of the healthcare occupations act of 30 sept. 2016, in force since 1 feb. 2020 (as 2020 57; bbl 2015 8715).51 sr 311.052 sr 935.61art. 172 protection of journalists' sources 1 persons involved professionally in the publication of information in the editorial section of a medium that appears periodically, together with their auxiliary personnel may refuse to testify as to the identity of the author or as to the content and sources of their information.2 they must testify if:a. the testimony is required to save a person from immediate danger to life and limb;b. without the testimony one of the following offences will not be solved or a person suspected of committing such an offence may not be apprehended:1. homicide offences in terms of articles 111-113 scc53,2. felonies carrying a custodial sentence of at least 3 years,3.54 offences in terms of articles 187, 189, 190, 191, 197 paragraph 4, 260ter, 260quinquies, 260sexies, 305bis, 305ter and 322ter-322septies scc,4.55 offences in terms of article 19 number 2 of the narcotics act of 3 october 195156.53 sr 311.054 amended by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).55 correction by the federal assembly drafting committee dated 19 sept. 2014, published on 4 oct. 2014 (as 2011 4487).56 sr 812.121art. 173 right to refuse to testify due to other duties of confidentiality 1 any person who is required to preserve professional confidentiality in accordance with any of the following provisions must testify only if the interest in establishing the truth outweighs the interest in preserving confidentiality:a. article 321bis scc57;b. article 139 paragraph 3 of the civil code58;c. article 2 of the federal act of 9 october 198159 on pregnancy advisory centres;d.60 article 11 of the victim support act of 23 march 200761;e.62 article 15 paragraph 2 of the narcotics act of 3 october 195163;f.64 article 16 letter f of the healthcare occupations act of 30 september 201665.2 persons entrusted with other confidential information protected by law are required to testify. the director of proceedings may relieve them of the duty to testify if they are able to establish that the interest in preserving confidentiality outweighs the interest in establishing the truth.57 sr 311.058 sr 210. this art. has now been repealed.59 sr 857.560 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).61 sr 312.562 correction by the federal assembly drafting committee dated 19 sept. 2014, published on 4 oct. 2014 (as 2011 4487).63 sr 812.12164 inserted by annex no 2 of the healthcare occupations act of 30 sept. 2016, in force since 1 feb. 2020 (as 2020 57; bbl 2015 8715).65 sr 811.21art. 174 decision on permitting a person to refuse to testify 1 the decision on whether to allow a person to refuse to testify is made by:a. the authority conducting the examination hearing in the preliminary proceedings;b. the court after charges have been brought.2 the witness may request a review by the objections authority immediately after receiving notification of the decision.3 until the objections authority makes its decision, the witness is entitled to refuse to testify.art. 175 exercise of the right to refuse to testify 1 the witness may invoke his or her right to refuse to testify at any time or revoke his or her waiver of that right.2 statements made by a witness after being cautioned with regard to the right to refuse to testify may be admitted as evidence if the witness subsequently exercises the right to refuse to testify or revokes a waiver of the right to refuse to testify.art. 176 unlawful refusal to testify 1 any person who refuses to testify without having the right to do so may be liable to a fixed penalty fine and may be required to pay the costs and damages incurred as a result of such refusal.2 if a person who is obliged to testify insists on refusing to do so, he or she will again be requested to testify and cautioned as to the penalties under article 292 scc66. in the event of continued refusal, criminal proceedings shall be commenced.66 sr 311.0section 3 examination hearings with witnesses art. 177 1 the authority conducting the examination hearing shall caution the witness at the beginning of each hearing with regard to the obligations to testify and to tell the truth and advise the witness of the penalties for perjury in terms of article 307 scc67. if no caution is given, the examination hearing is invalid.2 the authority conducting the examination hearing shall question each witness at the beginning of the first hearing as to his or her relationship with the parties and as to other circumstances that may be relevant to the witness's credibility.3 it shall caution the witness as to the rights to refuse to testify as soon as it becomes apparent through questioning or the files that such rights apply. if no caution is given and the witness subsequently exercises the right to refuse to testify, the examination hearing is inadmissible.67 sr 311.0chapter 4 persons providing information art. 178 definition the following persons may be interviewed as persons providing information:a. a person who has given notice that he or she is a private claimant;b. a person who is under the age of 15 at the time of the examination hearing;c. a person who due to limited mental capacity is not able to understand the subject matter of the examination hearing;d. a person who is not an accused but who cannot be excluded as the perpetrator of or as a participant in the offence under investigation or another related offence;e. a person who is a co-accused who must be interviewed with regard to an offence of which he or she is not personally accused;f. a person who is the accused in other proceedings relating to an offence connected with the offence under investigation;g. a person who has been or could be designated as the representative of a corporate entity in criminal proceedings against that entity, as well as his or her employees.art. 179 persons providing information at police examination hearings 1 the police shall question any person who is not a suspect in the capacity of a person providing information.2 the foregoing is subject to the right to question a person as a witness in accordance with article 142 paragraph 2.art. 180 status 1 persons providing information in terms of article 178 letters b-g have the right to remain silent; they are subject to the provisions on examination hearings with the accused, mutatis mutandis.2 a private claimant (art. 178 let. a) is obliged to testify before the public prosecutor, before the courts and before the police if they interview the claimant on behalf of the public prosecutor. in addition, the provisions on witnesses apply mutatis mutandis, with exception of article 176.art. 181 examination hearing 1 the criminal justice authorities shall caution persons providing information at the beginning of the examination hearing with regard to their obligation to testify or their right to remain silent or right to refuse to testify.2 they shall caution persons providing information who are obliged to testify or who declare that they are prepared to testify with regard to the possible penalties for false accusation, of misleading judicial authorities and of assisting offenders.chapter 5 authorised experts art. 182 requirements for requesting the services of an expert witness the public prosecutor and courts shall request the services of one or more expert witnesses if they do not have the specialist knowledge and skills required to determine or assess the facts of the case.art. 183 requirements for the expert witness 1 any natural person with the required specialist knowledge and skills in the relevant field may be appointed as an expert witness.2 the confederation and the cantons may provide for the retention of permanent or official expert witnesses for specific fields.3 authorised experts are subject to the grounds for recusal in terms of article 56.art. 184 appointment and instructions 1 the director of proceedings shall appoint the expert witness.2 the director of proceedings shall provide written instructions; these shall contain:a. the personal details of the expert witness;b. if applicable, notice that the expert witness may instruct others to assist in preparing the report subject to his or her supervision;c. the precisely formulated questions;d. the deadline for completing the report;e. reference to the duty of confidentiality that applies to the expert witness and any assistants;f. a reference to the penalties for perjury by an expert witness in terms of article 307 scc68.3 the director of proceedings shall give the parties prior opportunity to comment on the expert witness and on the questions and to submit their own applications. the director of proceedings may dispense with this requirement in relation to laboratory tests, in particular where they relate to determining the blood-alcohol concentration or the level of purity of substances, proof of the presence of narcotics in the blood or the preparation of a dna profile.4 together with the instructions, they shall provide the expert witness with the documents and items required to prepare the report.5 they may revoke their instructions at any time and appoint new expert witnesses if this is in the interests of the criminal case.6 they may request an estimate of the costs before issuing the instructions.7 if a private claimant requests an expert report, the director of proceedings may make instructing an expert witness dependent on the private claimant making an advance payment to cover costs.68 sr 311.0art. 185 preparation of the report 1 the expert witness is personally responsible for the expert report.2 the director of proceedings may request the expert witness to attend procedural hearings and authorise the expert to put questions to the person being questioned.3 if the expert witness is of the view that documents must be added to the case files, he or she shall make the relevant application to the director of proceedings.4 the expert witness may conduct simple enquiries that are closely connected to his or her assignment and for this purpose may request persons to cooperate. these persons must comply with the instructions. if they refuse, they may be brought before the expert witness by the police.5 in relation to enquiries by the expert witness, the accused and, to the extent of their right to refuse to testify, persons who have the right to remain silent or to refuse to testify may refuse to cooperate. the expert witness shall caution the persons concerned with regard to such rights at the start of his or her enquiries.art. 186 in-patient assessment 1 the public prosecutor or courts may have an accused admitted to hospital if this is required in order to prepare a medical report.2 the public prosecutor shall apply to the compulsory measures court for the accused to be admitted to hospital unless the accused is already on remand. the compulsory measures court shall issue a final judgment on the matter in written proceedings.3 if an in-patient assessment proves necessary during the court proceedings, the court concerned shall issue a final decision on the matter in written proceedings.4 the time spent in hospital shall be taken into account in the sentence.5 in addition, the in-patient assessment is governed by mutatis mutandis by the regulations on remand and preventive detention.art. 187 form of the expert report 1 the expert witness shall prepare an expert report in writing. if additional persons are involved in the preparation of the report, their names and the contribution that they made to the preparation of the report must be specified.2 the director of proceedings may order the expert report to be given orally or that a written report be explained or added to orally; in such an event, the regulations on witness examination hearings apply.art. 188 right of the parties to comment the director of proceedings shall notify the parties of the content of the written expert report and allow them time in which to comment thereon.art. 189 additions and improvements to the report the director of proceedings shall ex officio or at the request of a party arrange for the expert report to be added to or improved by the same expert witness or shall appoint additional expert witnesses if:a. the expert report is incomplete or unclear;b. two or more expert witnesses diverge considerably in their conclusions; orc. there are doubts as to the accuracy of the expert report.art. 190 fees the expert witness is entitled to an appropriate fee.art. 191 neglect of duty if an expert witness fails to fulfil his obligations or does not do so in time, the director of proceedings may:a. impose a fixed penalty fine;b. revoke their instructions without paying the expert a fee for any work carried out.chapter 6 material evidence art. 192 items of evidence 1 the criminal justice authorities shall add all items of evidence in their original form to the case file.2 copies shall be made of official documents and other records if this is sufficient for the purposes of the proceedings. if necessary, the copies must be certified.3 the parties may inspect items of evidence in accordance with the regulations on the inspection of files.art. 193 inspection 1 the public prosecutor, the courts and, in minor cases, the police shall make an on-site inspection of all items, locations and processes that are important in assessing the circumstances but which are not immediately available as items of evidence.2 every person concerned must tolerate the inspection and allow the participants the required access.3 if it is necessary to enter houses, dwellings or other premises that are not generally accessible, the authorities shall comply with the regulations applicable to the search of premises.4 a record shall be made of inspections by means of video or audio recordings, plans, drawings or descriptions, or by some other method.5 the director of proceedings may order that:a. other procedural acts be relocated to the place where the inspection is being carried out;b. the inspection is combined with a reconstruction of the criminal act or with a confrontation hearing; in such an event, the accused, the witnesses and the persons providing information are obliged to take part, subject to their right to remain silent.art. 194 consultation of case files 1 the public prosecutor and the courts shall consult files relating to other proceedings if this is required to prove the circumstances of the case or to assess the guilt of the accused.2 administrative and judicial authorities shall make their files available for inspection unless there is an overriding public or private interest in preserving confidentiality.3 conflicts between authorities of the same canton shall be decided by the objections authority of the canton concerned, and conflicts between authorities of different cantons or between cantonal and federal authorities shall be decided by the federal criminal court.art. 195 obtaining reports and information 1 the criminal justice authorities shall obtain official reports and medical certificates relating to matters that may be of significance in the criminal proceedings.2 in order to establish the personal circumstances of the accused, the public prosecutor and courts information shall obtain information on the accused's criminal record and reputation and other relevant reports from public offices and members of the public.title 5 compulsory measures chapter 1 general provisions art. 196 definition compulsory measures are procedural acts carried out by the criminal justice authorities that restrict the fundamental rights of the persons concerned and which serve:a. to secure evidence;b. to ensure that persons attend the proceedings;c. to guarantee the execution of the final judgment.art. 197 principles 1 compulsory measures may be taken only if:a. they are permitted by law;b. there is reasonable suspicion that an offence has been committed;c. the aims cannot be achieved by less stringent measuresd. the seriousness of the offence justifies the compulsory measure.2 particular caution must be taken when carrying out compulsory measures that restrict the fundamental rights of persons not accused of an offence.art. 198 competence 1 compulsory measures may be ordered by:a. the public prosecutor;b. the courts, or in cases of urgency, their director of proceedings;c. the police in cases specifically provided for by law.2 the confederation and the cantons may restrict the powers of the police to order or carry out compulsory measures to police officers of a specific rank or function.art. 199 notice of the order where a compulsory measure must be ordered in writing and need not be kept secret, the persons directly concerned shall be given a copy of the warrant and of any record relating to its execution against confirmation of receipt.art. 200 use of force force may be used as a last resort when carrying out compulsory measures; any force used must be reasonable.chapter 2 summonses, enforced appearances and tracing of wanted persons or property section 1 summonses art. 201 form and content 1 a summons shall be issued in writing by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts.2 it contains:a. the name of the criminal justice authority issuing the summons and the persons who will carry out the procedural act;b. the name of the person summoned and the capacity in which it is intended that person should participate in the procedural act;c. the reason for the summons if the aim of the investigation permits such information to be disclosed;d. the place, date and time of appearance;e. notice of the requirement to appear personally;f. a caution as to the legal consequences of the failure to appear without excuse;g. the date on which the summons was issued;h. the signature of the person issuing the summons.art. 202 time limit 1 summonses shall be served:a. in the preliminary proceedings: at least 3 days before the procedural act is due to take place;b. in proceedings in court: at least 10 days before the procedural act is due to take place.2 public summonses shall be published at least one month before the procedural act is due to take place.3 when deciding on the date of the procedural act, appropriate account shall be taken of the availability of the persons being summoned.art. 203 exceptions 1 a summons may be issued in a form other than that prescribed and subject to shorter time limits:a. in cases of urgency; orb. with the consent the person being summoned.2 any person who is present at the place of the procedural act or in detention may be questioned immediately and without the issue of a summons.art. 204 safe conduct 1 if persons who are abroad must be summoned, the public prosecutor or the persons conducting the court proceedings may guarantee their safe conduct.2 persons who have been guaranteed safe conduct may not be arrested or made subject to other measures restricting their liberty in switzerland due to acts or convictions from the period prior to their departure.3 safe conduct may be subject to conditions. in this case, the persons concerned must be informed that the right to safe conduct expires if they fail to comply with the conditions thereof.art. 205 duty to appear, circumstances preventing appearance and failure to appear 1 any person summoned by a criminal justice authority must comply with the summons.2 any person who is prevented from complying with a summons must inform the authority issuing the summons immediately; he or she must give reasons for his or her inability to appear and if possible provide documentary evidence thereof.3 a summons may be revoked if there is good cause. the revocation of the summons takes effect when the person summoned has been informed thereof.4 any person who, without an acceptable reason, fails to comply with a summons from a public prosecutor, authority responsible for prosecuting contraventions or a court or who appears late shall be liable to a fixed penalty fine and may also be brought before the authority concerned by the police.5 the foregoing paragraph does not apply to the provisions on proceedings in absentia.art. 206 police summonses 1 in the course of police enquiries, the police may summon persons for the purposes of questioning, establishing their identity or for other identification procedures without the requirement to comply with special formalities or time limits.2 any person who fails to comply with a police summons may be brought before the authority concerned on the basis of a warrant issued by the public prosecutor provided the person summoned has been issued with a written warning that this measure may be taken.section 2 appearance enforced by the police art. 207 requirements and competence 1 a person may be brought before an authority by the police if:a. he or she has failed to comply with a summons;b. there are specific indications that he or she will not comply with a summons;c. in proceedings relating to a felony or misdemeanour, his or her immediate appearance is essential in the interests of the procedure;d. there is a strong suspicion that he or she has committed a felony or misdemeanour and there is reason to believe that there are grounds for the person's detention.2 an enforced appearance shall be ordered by the director of proceedings.art. 208 form of the order 1 an enforced appearance is ordered in the form of a written warrant. in cases of urgency, it may be ordered orally; it must however be confirmed subsequently in writing.2 the warrant shall contain the same details as a summons and also the express authorisation for the police to use force and to enter buildings, dwellings and other spaces not generally accessible if this is necessary in order to implement the warrant.art. 209 procedure 1 the police shall make every effort to protect the persons concerned when executing a warrant for an enforced appearance.2 they shall show the person concerned the warrant for the enforced appearance and bring him or her before the relevant authority immediately or at the time specified for the appearance.3 the authority shall inform the person concerned immediately and in a language they can understand of the reason for the enforced appearance, carry out the procedural act and release the person immediately thereafter unless the authority is applying for his or her remand or preventive detention.section 3 tracing of wanted persons or property art. 210 principles 1 the public prosecutor, authorities responsible for prosecuting contraventions and courts may order the tracing of persons whose whereabouts are unknown and who are required to appear in the proceedings. in cases of urgency, the police may themselves order that a wanted person be traced.2 a warrant may be issued for an accused person to be arrested and brought before the authorities if there is a strong suspicion that he or she has committed a felony or misdemeanour and there is reason to believe that there are grounds for the person's detention.3 unless the public prosecutor, the authority responsible for prosecuting contraventions or the court orders otherwise, the police are responsible for tracing wanted persons.4 paragraphs 1 and 3 apply mutatis mutandis to the tracing of property.art. 211 assistance from the public 1 the public may be requested to assist in tracing wanted persons or property.2 the confederation and the cantons may issue provisions in accordance with which members of the public may be rewarded for assisting in the successful tracing of wanted persons or property.chapter 3 deprivation of liberty, remand and preventive detention section 1 general provisions art. 212 principles 1 an accused person shall remain at liberty. he or she may be subjected to compulsory measures involving deprivation of liberty only in accordance with the provisions of this code.2 compulsory measures involving deprivation of liberty must be revoked as soon as:a. their requirements are no longer fulfilled;b. the term of the measure specified by this code or by a court has expired; orc. alternative measures achieve the same purpose.3 remand and preventive detention may not be of longer duration than the anticipated custodial sentence.art. 213 access to premises 1 if it is necessary to enter houses, dwellings or other rooms that are not generally accessible in order to stop or arrest a person, the provisions on searching premises must be complied with.2 if there is a risk in any delay, the police may enter premises without a search warrant.art. 214 notification 1 if a person is arrested, or placed on remand or in preventive detention, the relevant criminal justice authority shall immediately notify:a. his or her next-of-kin;b. if so requested, his or her employer or the relevant embassy or consulate.2 no notification shall be given if this is precluded by the purpose of the investigation or the person concerned expressly so requests.3 where an arrested person is subject to a compulsory measure involving the deprivation of his or her liberty and a dependant suffers difficulties as a result, the criminal justice authority shall notify the relevant social services authorities.4 the victim shall be informed of the accused being placed in or released from remand or preventive detention, the ordering of an alternative measure under article 237 paragraph 2 letter c or g, or if the accused absconds, unless he or she has expressly requested not to be informed.69 such information may not be provided if it would expose the accused to a serious danger.69 amended by annex no 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).section 2 police powers to stop and of pursuit art. 215 police power to stop 1 for the purpose of investigating an offence, the police may stop a person and if necessary bring that person to the police station in order to:a. establish the person's identity;b. question the person briefly;c. establish whether he or she has committed an offence;d. establish whether the person or property in his or her possession is being traced.2 they may require the person they have stopped to:a. provide their personal details;b. produce identity documents;c. produce property in his or her possession;d. open containers or vehicles.3 they may request members of the public to assist them to stop persons.4 if there are specific indications that an offence is being committed or persons suspected of an offence are located at a specific place, the police may cordon off the location and stop the person located there.art. 216 pursuit 1 the police are entitled in cases of urgency to pursue and stop a suspect on the territory of another commune, another canton and, if international agreements so permit, another country.2 if the person stopped is then arrested, he or she shall be handed over immediately to the competent authority at the place where he or she was stopped.section 3 arrest art. 217 by the police 1 the police are obliged to arrest a person and bring that person to the police station if:a. they have caught the person in the act of committing a felony or misdemeanour or they have encountered him or her immediately after committing such an offence;b. the person is subject to an arrest warrant.2 they may arrest a person and bring him or her to the police station if, based on enquiries or other reliable information, the person is suspected of committing a felony or misdemeanour.3 they may arrest a person and bring him or her to the police station if they have caught the person in the act of committing a contravention or they have encountered him or her immediately after committing such an offence in the event that:a. the person refuses to provide his or her personal details;b. the person does not live in switzerland and fails to provide security for payment of the anticipated fine immediately;c. the arrest is necessary in order to prevent the person from committing further contraventions.art. 218 by private individuals 1 where there is insufficient time to obtain police assistance, members of the public have the right to arrest a person if:a. they have caught the person in the act of committing a felony or misdemeanour or they have encountered him or her immediately after committing such an offence; orb. the public have been requested to assist in tracing of the person concerned.2 when making an arrest, private individuals may only use force in accordance with article 200.3 arrested persons must be handed over to the police as quickly as possible.art. 219 police procedure 1 the police shall establish the identity of the arrested person immediately after the arrest, inform him or her of the reason for the arrest in a language the person can understand and caution the person as to his or her rights within the meaning of article 158. thereafter, they shall inform the public prosecutor immediately of the arrest.2 they shall then question the arrested person in accordance with article 159 on the suspected offences and carry out appropriate investigations immediately in order to substantiate or rebut the allegations and any other grounds for detention.3 if investigations reveal that there are no grounds for detention or such reasons no longer apply, they shall release the arrested person immediately. if the investigations confirm the suspicions and any grounds for detention, they shall hand the person over to the public prosecutor immediately.4 release or handover shall in any case take place at the latest within 24 hours; if the person was stopped before the arrest, then the period while stopped shall be taken into account when calculating the time limit.5 if the police have provisionally arrested a person in accordance with article 217 paragraph 3, the person may only be held for more than 3 hours if a corresponding order is given by a police officer authorised to do so by the confederation or the canton.section 4 remand and preventive detention: general provisions art. 220 definitions 1 remand begins when it is ordered by the compulsory measures court and ends with the receipt by the court of first instance of the indictment, the accelerated commencement of a custodial sanction or with the accused's release during the investigation.2 preventive detention is the period of detention between the time of receipt by the court of first instance of the indictment and the issue of a final judgment, the commencement of a custodial sanction, the enforcement of an expulsion order, or the accused's release.7070 amended by annex no 5 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 221 requirements 1 remand and preventive detention are only permitted if there is a strong suspicion that the accused has committed a felony or misdemeanour and there is a serious concern that the accused:a. will evade criminal proceedings or the anticipated sanction by absconding;b. will influence people or tamper with evidence in order to compromise efforts to establish the truth; orc. will pose a considerable risk to the safety of others by committing serious felonies or misdemeanours as he or she has already committed similar offences.2 detention is also permitted if there is serious concern that a person will carry out a threat to commit a serious felony.art. 22271 appellate remedies a detainee may contest decisions ordering, extending or ending his or her remand or preventive detention before the objections authority, subject to article 233.71 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 223 communications with the defence in detention proceedings 1 the defence agent may be present in detention proceedings when the accused is interviewed or when other evidence is being gathered.2 the accused may at any time communicate privately with his or her defence agent in writing or orally in proceedings before the public prosecutor or the courts relating to detention.section 5 remand art. 224 remand proceedings before the public prosecutor 1 the public prosecutor shall question the accused immediately and give the accused the opportunity to make a statement regarding the suspected offence and the grounds for remand. it shall immediately record all evidence that may substantiate or rebut the suspicions and the grounds for detention provided such evidence is readily available.2 if the suspicions and the grounds for remand are confirmed, the public prosecutor shall immediately apply to the compulsory measures court, but at the latest within 48 hours of the arrest, for the accused to be remanded or for an alternative measure. it shall file its application in writing, with a brief statement of reasons and the most relevant files.3 if the public prosecutor decides against applying for remand, it shall order the accused's immediate release. if it applies for an alternative measure, it shall take the required preventive measures.art. 225 detention proceedings before the compulsory measures court 1 on receipt of the application from the public prosecutor, the compulsory measures court shall immediately arrange a private hearing with the public prosecutor, the accused and his or her defence agent; it may require the public prosecutor to participate.2 if so requested, it shall permit the accused and the defence to inspect the files in its possession before the hearing.3 any person who is permitted not to attend the hearing may submit applications in writing or make reference to earlier submissions.4 the compulsory measures court shall gather all the immediately available evidence that may substantiate or rebut the suspicions or the grounds for detention.5 if the accused expressly waives the right to a hearing, the compulsory measures court shall decide in written proceedings on the basis of the application made by the public prosecutor and the submissions made by the accused.art. 226 decision of the compulsory measures court 1 the compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application.2 it shall give immediate notice of its decision to the public prosecutor, the accused and his or her defence lawyer orally, or, if they are absent, in writing. it shall then provide them with a brief written statement of the grounds.3 if it orders the accused to be remanded, it shall inform the accused that he or she may file an application for release from remand at any time.4 in its decision it may:a. stipulate a maximum term for remand;b. instruct the public prosecutor to carry out specific investigative activities;c. order alternative measures to remand.5 if it decides not to order the accused to be remanded, the accused shall be released immediately.art. 227 application to extend the period of remand 1 if the period on remand ordered by the compulsory measures court expires, the public prosecutor may file an application to extend the period of remand. if the compulsory measures court has not limited the period of remand, the application must be filed before the accused has spent 3 months on remand.2 the public prosecutor shall file a written application stating the grounds with the compulsory measures court 4 days at the latest before the expiry of the period of remand, together with the most relevant files.3 the compulsory measures court shall give the accused and his or her defence lawyer the opportunity to inspect the files in its possession and to respond to the application in writing within 3 days.4 it may order the provisional continuation of remand pending its decision.5 the compulsory measures court shall decide at the latest within 5 days of receipt of the response or the expiry of the time limit mentioned in paragraph 3 above. it may instruct the public prosecutor to carry out specific investigative activities, or order an alternative measure.6 the proceedings are normally conducted in writing, but the compulsory measures court may order a hearing, which shall be held in private.7 an extension of the period on remand may be granted for a maximum of 3 months, or in exceptional cases for a maximum of 6 months.art. 228 application for release from remand 1 the accused may apply to the public prosecutor at any time in writing or orally on record for release from remand, subject to paragraph 5 below. the application must be accompanied by a brief statement of grounds.2 if the public prosecutor grants the application, it shall release the accused from remand immediately. if it does not wish to grant the application, it shall pass the same together with the files no later than 3 days after receipt to the compulsory measures court accompanied by a statement of its opinion.3 the compulsory measures court shall send the opinion to the accused and his or her defence lawyer and allow them 3 days to respond.4 the compulsory measures court shall decide at the latest within 5 days of receiving the response or of the expiry of the time limit mentioned in paragraph 3 above. if the accused expressly waives the right to a hearing, the decision may be issued in written proceedings. article 226 paragraphs 2-5 also applies mutatis mutandis.5 the compulsory measures court may in its decision specify a time limit of a maximum of one month within which the accused is not permitted to file a further application for release.section 6 preventive detention art. 229 decision to order preventive detention 1 in cases where the accused has already been on remand, an application for preventive detention is filed in writing by the public prosecutor and the decision on whether to order preventive detention is taken by the compulsory measures court.2 where grounds for detention arise only after charges have been brought, the director of proceedings in the court of first instance shall conduct detention proceedings in analogous application of article 224 and shall request the compulsory measures court to order preventive detention.3 the proceedings before the compulsory measures court are governed by:a. articles 225 and 226 mutatis mutandis where the accused has not been on remand;b. article 227 mutatis mutandis where the accused has already been on remand.art. 230 release from preventive detention during the proceedings before the court of first instance 1 the accused and the public prosecutor may file an application for release from detention during the proceedings before the court of first instance.2 the application must be submitted to the director of proceedings in the court of first instance.3 if the director of proceedings grants the application, he or she shall release the accused from detention immediately. if the director of proceedings does not wish to grant the application, it shall be passed on to the compulsory measures court for a decision to be made.4 the director of proceedings in the court of first instance may also order the accused to be released from detention provided the public prosecutor consents. if the public prosecutor does not consent, the compulsory measures court decides.5 the provisions of article 228 also apply mutatis mutandis.art. 231 preventive detention following the judgment of the court of first instance 1 the court of first instance shall decide in its judgment whether a person convicted should be placed or should remain in preventive detention:a. in order to ensure that a sentence or measure is duly executed;b. with a view to appellate proceedings.2 if an accused in detention is acquitted and the court of first instance orders his or her release, the public prosecutor may apply to the court of first instance for the director of appellate proceedings to order the continuation of preventive detention. in such a case, the person concerned shall remain in detention until the director of appellate proceedings makes a decision. the director of appellate proceedings shall decide on the application made by the public prosecutor within 5 days of the application being filed.3 if the objections withdrawn, the court of first instance shall decide on how the period spent in detention following the judgment will be taken into account.art. 232 preventive detention during proceedings before the court of appeal 1 if grounds for detention arise only during proceedings before the court of appeal, the director of appellate proceedings shall order the person to be placed in detention to be brought before the court immediately in order to be heard.2 a decision shall be made within 48 hours of the hearing; their decision is final.art. 233 application for release from detention during proceedings before the court of appeal the director of appellate proceedings shall decide on an application for release from detention within 5 days; the decision is final.section 7 execution of remand and preventive detention art. 234 detention centre 1 remand and preventive detention is normally carried out in detention centres reserved for this purpose and which are otherwise used only for the execution of short custodial sentences.2 if it is advisable for medical reasons, the relevant cantonal authority may arrange for the detainee to be admitted to a hospital or psychiatric hospital.art. 235 conditions of detention 1 the detainee's personal freedom may not be more strictly limited than is required for the purpose of detention or for order and security in the detention centre.2 contact between the detainee and other persons requires authorisation from the director of proceedings. visits shall if necessary be supervised.3 the director of proceedings shall inspect incoming and outgoing post, with the exception of correspondence with the supervisory and criminal justice authorities. during preventive detention, the director of proceedings may delegate this task to the public prosecutor.4 the detainee may communicate freely with his or her defence agent without the content of communications being inspected. if there is justified suspicion that this right is being abused, the director of proceedings may with approval of the compulsory measures court restrict free communication for a limited period, provided prior notice is given to the detainee and the defence agent of the restrictions.5 the cantons shall regulate the rights and obligations of persons in custody, their rights to legal redress, disciplinary measures and the supervision of detention centres.art. 236 accelerated execution of sentences and measures 1 the director of proceedings may authorise the accused to begin a custodial sentence or custodial measure in advance of the anticipated date, provided the status of the proceedings permit this.2 if the charges have already been filed, the director of proceedings shall consult the public prosecutor.3 the confederation and the cantons may provide that the execution of a measure in advance of the anticipated date requires the consent of the authorities responsible for its execution.4 on admission to a penal institution, the accused begins his or her sentence or measure; from this point the accused is governed by the relevant regime unless this conflicts with the purpose of the accused's remand or preventive detention.section 8 alternative measures art. 237 general provisions 1 the relevant court shall order one or more lenient measures instead of remand or preventive detention if such measures achieve the same result as detention.2 alternative measures include in particular:a. the payment of money bail;b. the surrendering of a passport or identity papers;c. the requirement to stay or not to stay in a specific place or in a specific house;d. the requirement to report to a public office at regularly intervals;e. the requirement to do a regular job;f. the requirement to undergo medical treatment or a medical examination;g. the prohibition of making contact with specific persons.3 in order to monitor such alternative measures, the court may order the use of technical devices and that they be securely fastened to the person being monitored.4 the ordering of alternative measures and appeals against such measures are governed mutatis mutandis by the regulations on remand and preventive detention.5 the court may revoke the alternative measures at any time, or order other alternative measures or the accused's remand or preventive detention if new circumstances so require or if the accused fails to fulfil the requirements stipulated.art. 238 payment of money bail 1 where there is a risk that the accused may abscond, the relevant court may order payment of a sum of money in order to ensure that the accused appears for all procedural acts or to begin a custodial sanction.2 the amount of the bail payment is assessed on the basis of the seriousness of the offences of which the accused is suspected and of the accused's personal circumstances.3 the payment of money bail may be made in cash or by means of a guarantee issued by a bank or insurance company permanently established in switzerland.art. 239 return of the bail payment 1 the bail payment shall be returned if:a. the grounds for detention no longer apply;b. the criminal proceedings are concluded by a final judgment of abandonment or acquittal;c. the accused has begun a custodial sanction.2 before the bail payment made by the accused is returned, any monetary penalties, fines, costs and damages that have been imposed on the accused may be deducted from it.3 the authority before which the case is pending or was last pending shall decide on the return of the bail payment.art. 240 forfeiture of the bail payment 1 if the accused absconds during the proceedings or the execution of a custodial sanction, the bail payment shall be forfeited to the confederation or to the canton whose court ordered the same.2 if a third party made the bail payment, the forfeiture may be waived if the third party provides the authorities with information in good time to enable the accused to be apprehended.3 the authority before which the case is pending or was last pending shall decide on the forfeiture of the bail payment.4 a forfeited bail payment shall be used in analogous application of article 73 scc72 to cover the claims of persons suffering harm and, if a surplus remains, to cover the monetary penalties, fines and the procedural costs. any surplus still remaining shall pass to the confederation or the canton.72 sr 311.0chapter 4 searches and examinations section 1 general provisions art. 241 authorisation 1 searches shall be authorised by written warrant. in cases of urgency, they may be authorised orally, but this must be confirmed subsequently in writing.2 the warrant shall indicate:a. the persons, premises, property or records to be searched;b. the purpose of the measure;c. the authorities or persons authorised to conduct the measure.3 if there is a risk in any delay, the police may authorise the manual search of body orifices and body cavities and carry out searches without a warrant; they shall inform competent criminal justice authority about the search immediately.4 the police may search a person who has been stopped or arrested person, in particular in order to guarantee the safety of other persons.art. 242 conduct of searches 1 the authorities or persons carrying out the search shall take suitable safety precautions in order to achieve the aim of the measure.2 they may prohibit persons from leaving during a search.art. 243 accidental finds 1 evidence or property found that is not connected with the offence under investigation but which appears to relate to a different offence shall be secured.2 the property shall be handed over with a report thereon to the director of proceedings, who shall decide on the further course of action.section 2 searches of premises art. 244 principle 1 houses, dwellings and other rooms not generally accessible may only be searched with the consent the proprietor.2 the proprietor's consent is not required if it is suspected that on the premises:a. there are wanted persons;b. there is forensic evidence or property or assets that must be seized;c. offences are being committed.art. 245 conduct of searches 1 the persons authorised to carry out the search shall produce the search warrant at the start of the search.2 proprietors of premises being searched who are present must remain on the premises during the search. if they are absent, if possible an adult family member or another suitable person must remain present.section 3 search of records and recordings art. 246 principle documents, audio, video and other recordings, data carriers and equipment for processing and storing information may be searched if it is suspected that they contain information that is liable to seizure.art. 247 conduct 1 the proprietor may comment before a search on the content of records and recordings.2 experts may be called in to examine the content of records and recordings, and in particular to identify records and recordings with protected content.3 the proprietor may provide the criminal justice authority with copies of records and recordings and printouts of stored information if this is sufficient for the purpose of the proceedings.art. 248 sealing of evidence 1 records and property that according to the proprietor may not be searched or seized due to the right to remain silent or to refuse to testify or for other reasons must be sealed and may neither be inspected nor used by the criminal justice authorities.2 unless the criminal justice authority files a request for the removal of the seals within 20 days, the sealed records and property shall be returned to the proprietor.3 if it files a request for the removal of the seals, the following courts shall issue a final judgment thereon within a month:a. in preliminary proceedings: the compulsory measures court;b. in other cases: the court before which the case is pending.4 the court may call in an expert to examine the content of records and property.section 4 searches of persons and property art. 249 principle persons and property may only be searched without consent if it is suspected that forensic evidence or property or assets that must be seized may be found.art. 250 conduct 1 searching persons includes the examination of clothing, items carried by the person concerned, containers and vehicles, the surface of the body and visible body orifices and body cavities.2 searches of a person's genital area shall be carried out by a person of the same gender or by a doctor, unless the measure cannot be delayed.section 5 examination of persons art. 251 principle 1 an examination of a person includes an examination of their physical or mental condition.2 the accused may be questioned in order to:a. establish the facts of the case;b. establish whether the he or she had the mental capacity to be held criminally liable, is fit to plead and to withstand detention.3 interventions in the physical integrity of the accused may be ordered provided they do not cause particular pain or any risk to health.4 examinations and interventions in the physical integrity of persons other than the accused are only permitted without consent if they are essential in order to properly investigate an offence under articles 111-113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 scc73.7473 sr 311.074 amended by no iii of the fa of 30 sept. 2011, in force since 1 july 2012 (as 2012 2575; bbl 2010 5651 5677).art. 252 conduct of physical examinations examinations of persons and interventions in their physical integrity shall be carried out by a doctor or another medical specialist.section 6 examination of dead bodies art. 253 unnatural deaths 1 if there are indications that a death did not occur naturally, and in particular indications of an offence, or if the body is unidentified, the public prosecutor shall order an inspection of the body to be carried out by a specialist doctor in order to establish the cause of death or to identify the body.2 if, after the inspection of the body, there is no evidence that an offence has been committed and if identity is established, the public prosecutor shall release the body for the funeral.3 the public prosecutor shall otherwise order the body to be secured and further tests, and if necessary an autopsy to be carried out by an institute for forensic medicine. it may order the body or parts thereof to be retained for as long as required for the purpose of the investigation.4 the cantons shall decide persons in the medical profession are required to report unnatural deaths to the criminal justice authorities.art. 254 exhumation if it appears necessary in for the proper investigation of an offence, the exhumation of a body or the opening of an urn containing its ashes may be ordered.chapter 5 dna analyses art. 255 general requirements 1 in order to investigate a felony or a misdemeanour, a sample may be taken to create a dna profile from:a. the accused;b. other persons, in particular victims or persons entitled to be present at the place of commission, insofar as this is necessary to distinguish their biological material from that of the accused;c. deceased persons;d. biological material relevant to the offence.2 the police may order:a. a sample to be taken from persons by non-invasive methods;b. the creation of a dna profile from biological material relevant to the offence.art. 256 mass testing in an investigation into a felony, the compulsory measures court may at the request of the public prosecutor order that samples be taken to create dna profiles from persons who display specific characteristics established as being relevant to the commission of the offence.art. 257 convicted persons the court may in its judgment order that a sample be taken to create a dna profile from persons who:a. have received a custodial sentence of more than a year on being convicted of a wilfully committed felony;b. have been convicted of a wilfully committed felony or misdemeanour against life and limb or against sexual integrity;c. have been ordered to undergo a therapeutic measure or the indefinite incarceration.art. 258 taking samples where invasive methods are used to take samples, the sample shall be taken by a doctor or another medical specialist.art. 259 application of the dna profiling act the dna profiling act of 20 june 200375 also applies.75 sr 363chapter 6 recording identification data, handwriting and voice samples art. 260 recording identification data 1 when recording identification data, the physical characteristics of a person shall be noted and prints taken of parts of the body.2 the police, the public prosecutor and the courts, or in cases of urgency the director of proceedings may order the recording of identifying data.3 the recording of identifying data shall be ordered in a written warrant, with a brief statement of the reasons. in cases of urgency, it may be ordered orally, but must subsequently be confirmed and explained in writing.4 if the person concerned refuses to accept the police order, the public prosecutor shall decide.art. 261 retention and use of identifying documents 1 documents that identify the accused may be retained outside the case file for the following periods and, in the event of a reasonable suspicion that a new offence has been committed may also be used:a. in the event of the accused's conviction or his or her acquittal on the grounds that he or she not legally responsible due to a mental disorder: until the expiry the time limits for the removal of the relevant entry from the register of criminal convictions;b. in the event of acquittal on other grounds, the abandonment of the proceedings or a decision to not to bring proceedings: until the decision becomes legally binding.2 if it is anticipated in a case under paragraph 1 letter b due to certain matters that documents identifying the accused could be used in the investigation of future offences, they may be retained and used with the consent of the director of proceedings for a maximum of 10 years from when the decision becomes legally binding.3 documents identifying persons other than the accused must be destroyed as soon as the proceedings against the accused have been concluded or abandoned or it has been decided not to bring proceedings.4 if it becomes clear before the expiry of the time limits under paragraphs 1-3 that there is no longer any interest in retaining or using the identifying documents, they shall be destroyed.art. 262 handwriting and voice samples 1 accused persons, witnesses and persons providing information may be required to provide handwriting or voice samples for comparison with other such samples.2 any person who refuses to provide such a sample may be issued with a fixed penalty fine. the foregoing does not apply to the accused and, where such rights apply, persons who have the right to remain silent or to refuse to testify.chapter 7 seizure art. 263 principle 1 items and assets belonging to an accused or to a third party may be seized if it is expected that the items or assets:a. will be used as evidence;b. will be used as security for procedural costs, monetary penalties, fines or damages;c. will have to be returned to the persons suffering harm;d. will have to be forfeited.2 seizure shall be ordered on the basis of a written warrant containing a brief statement of the grounds. in urgent cases, seizure may be ordered orally, but the order must thereafter be confirmed in writing.3 where there is a risk in any delay, the police or members of the public may provisionally seize items or assets on behalf of the public prosecutor or the courts.art. 264 restrictions 1 the following items may not be seized irrespective of their location and of when they were created:a. documents used in communications between the accused and his or her defence lawyer;b. personal records and correspondence belonging to the accused if the interest in protecting his or her privacy outweighs the interest in prosecution;c.76 items and documents used in communications between the accused and persons who may refuse to testify in accordance with articles 170-173 and who are not accused of an offence relating to the same case;d.77 items and documents used in communications between another person and his or her lawyer provided the lawyer is entitled to represent clients before swiss courts in accordance with the lawyers act of 23 june 200078 and is not accused an offence relating to the same case.2 the restrictions in accordance with paragraph 1 do not apply to items and assets that must be seized with a view to their return to the person suffering harm or their forfeiture.3 if an entitled person claims that a seizure of items or assets is not permitted on the grounds of a right to refuse to make a statement or testify or for other reasons, the criminal justice authorities shall proceed in accordance with the regulations on the sealing of evidence.76 amended by no i 6 of the fa of 28 sept. 2012 on the amendment of procedural provisions on professional confidentiality for lawyers, in force since 1 may 2013 (as 2013 847; bbl 2011 8181).77 inserted by no i 6 of the fa of 28 sept. 2012 on the amendment of procedural provisions on professional confidentiality for lawyers, in force since 1 may 2013 (as 2013 847; bbl 2011 8181).78 sr 935.61art. 265 duty to hand over items or assets 1 the holder is obliged to hand over items or assets that should be seized.2 the following persons are not required to hand over items or assets:a. the accused;b. persons who have the right to remain silent or to refuse to testify, to the extent that that right applies;c. corporate undertakings, if by handing over items they could incriminate themselves such that they:1. could be held liable under criminal law or2. could be held liable under civil law and if their interest in protection outweighs the interest in prosecution.3 the criminal justice authority may demand that the person obliged to hand over items or assets does so, may fix a deadline, and notify him or her that in the event of non-compliance the penalties mentioned in article 292 scc79 or a fixed penalty fine may be imposed.4 compulsory measures are only permitted if the person concerned refuses to hand over the items or assets or if it may be assumed that a demand to hand over the items or assets may prejudice the success of the measure.79 sr 311.0art. 266 procedure 1 the criminal justice authority ordering seizure shall confirm that it has received the property and assets seized or handed over in the seizure order or in a separate receipt.2 it shall draw up a list and safeguard the property and assets appropriately.3 if immovable property is seized, an inhibition shall be ordered; this shall be recorded in the land register.4 the seizure of a debt shall be notified to the debtor, who shall be advised that repayment to the creditor will not settle the debt.5 property that is subject to rapid depreciation or requires expensive maintenance, as well as securities or other assets with a stock exchange or market price may be sold immediately in accordance with the federal act of 11 april 188980 on debt enforcement and bankruptcy (deba). the proceeds shall be seized.6 the federal council shall regulate the investment of seized assets.80 sr 281.1art. 267 decision on seized property and assets 1 if the grounds for seizure no longer apply, the public prosecutor or court shall revoke the seizure order and hand over the property or assets to the person entitled to them.2 where it is undisputed that a person has as a direct result of the offence been deprived of an item of property or an asset belonging to him or her, the criminal justice authority shall return the property or asset to the person entitled to it before the conclusion of the proceedings.3 unless the order to seize an item of property or an asset has already been revoked, a decision on its return to the entitled person, its use to cover costs or its forfeiture in shall be made in the final judgment.4 if two or more persons lay claim to an item of property or an asset in respect of which the seizure order is to be revoked, the court may decide on the issue.5 the criminal justice authority may award property or assets to a person and set the other claimants a time limit within which to raise a civil action.6 if at the time when the seizure order is revoked the identity of the person entitled to the property or assets is unknown, the public prosecutor or the court shall give public notice that the property or assets are available to be claimed. if no one makes a claim within five years of notice being given, the seized property and assets shall pass to the canton or to the confederation.art. 268 seizure to cover costs 1 assets belonging to the accused may be seized to the extent that is anticipated to be required to cover:a. procedural costs and damages;b. monetary penalties and fines.2 the criminal justice authority shall take account of the financial circumstances of the accused and his or her family when deciding on seizure.3 exempted from seizure are assets that may not be seized in accordance with articles 92-94 deba81.81 sr 281.1chapter 8 covert surveillance measures section 1 surveillance of post and telecommunications art. 269 requirements 1 the public prosecutor may arrange for post and telecommunications to be monitored if:a. there is a strong suspicion that an offence listed in paragraph 2 has been committed;b. the seriousness of the offence justifies surveillance; andc. investigative activities carried out so far have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated.2 surveillance may be ordered in the investigation of the offences under the following articles:a.82 scc: articles 111-113, 115, 118 paragraph 2, 122, 124, 127, 129, 135, 138-140, 143, 144 paragraph 3, 144bis number 1 paragraph 2 and number 2 paragraph 2, 146-148, 156, 157 number 2, 158 number 1 paragraph 3 and number 2, 160, 163 number 1, 180, 181, 182-185, 187, 188 number 1, 189-191, 192 paragraph 1, 195-197, 220, 221 paragraphs 1 and 2, 223 number 1, 224 paragraph 1, 226, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237 number 1, 238 paragraph 1, 240 paragraph 1, 242, 244, 251 number 1, 258, 259 paragraph 1, 260bis-260sexies, 261bis, 264-267, 271, 272 number 2, 273, 274 number 1 paragraph 2, 285, 301, 303 number 1, 305, 305bis number 2, 310, 312, 314, 317 number 1, 319, 322ter, 322quater and 322septies;b.83 foreign nationals and integration act84 of 16 december 200585: articles 116 paragraph 3 and 118 paragraph 3;c. federal act of 22 june 200186 on the hague convention on adoption and on measures to protect children in international adoption cases: article 24;d.87 war material act of 13 december 199688: articles 33 paragraph 2 and 34-35b;e. nuclear energy act of 21 march 200389: articles 88 paragraphs 1 and 2, 89 paragraphs 1 and 2 and 90 paragraph 1;f.90 narcotics act of 3 october 195191: articles 19 number 1 second sentence and number 2, and 20 number 1 second sentence;g. environmental protection act of 7 october 198392: article 60 paragraph 1 letters g-i as well as m and o;h. goods control act of 13 december 199693: article 14 paragraph 2;i.94 sport promotion act of 17 june 201195: article 22 paragraphs 2 and 25a paragraph 3;j.96 financial market infrastructure act of 19 june 201597: articles 154 and 155;k.98 weapons act of 20 june 199799: article 33 paragraph 3;l.100 medicinal products act of 15 december 2000101: article 86 paragraphs 2 and 3;m.102 gambling act of 29 september 2017103: article 130 paragraph 2 for the offences under article 130 paragraph 1 letter a;n.104 intelligence service act of 25 september 2015105: article 74 paragraph 4.3 if the adjudication an offence subject to military jurisdiction is assigned to the jurisdiction of the civil courts, the surveillance of post and telecommunications may also be ordered in the investigation of the offences under article 70 paragraph 2 of the military criminal procedure code of 23 march 1979106.82 amended by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).83 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).84 title amended on 1 jan. 2019 in application of art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512). this change has been made throughout the text.85 sr 142.2086 sr 211.221.3187 amended by no ii of the fa of 16 march 2012, in force since 1 feb. 2013 (as 2013 295; bbl 2011 5905).88 sr 514.5189 sr 732.190 correction by the federal assembly drafting committee dated 19 sept. 2014, published on 4 oct. 2014 (as 2011 4487).91 sr 812.12192 sr 814.0193 sr 946.20294 inserted by art. 34 no 2 of the sport promotion act of 17 june 2011 (as 2012 3953; bbl 2009 8189). amended by annex no ii 2 of the gambling act of 29 sept. 2017, in force since 1 jan. 2019 (as 2018 5103; bbl 2015 8387).95 sr 415.096 inserted by no ii 4 of the fa of 28 sept. 2012 (as 2013 1103; bbl 2011 6873). amended by annex no 4 of the financial market infrastructure act of 19 june 2015, in force since 1 jan. 2016 (as 2015 5339; bbl 2014 7483).97 sr 958.198 inserted by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).99 sr 514.54100 inserted by annex no 1 of the fd of 29 sept. 2017 (medicrime convention), in force since 1 jan. 2019 (as 2018 4771; bbl 2017 3135).101 sr 812.21102 inserted by annex no ii 2 of the gambling act of 29 sept. 2017, in force since 1 jan. 2019 (as 2018 5103; bbl 2015 8387).103 sr 935.51104 inserted by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).105 sr 121106 sr 322.1art. 269bis 107 use of special technical devices for the surveillance of telecommunications 1 the public prosecutor may order the use of special technical devices for the surveillance of telecommunications in order to listen to or record conversations, identify a person or property or determine their location if:a. the requirements of article 269 are met;b. previous telecommunications surveillance measures under article 269 have been unsuccessful or surveillance with these measures would be futile or disproportionately difficult;c. the authorisation required under telecommunications law has been obtained to use these devices at the time of use. 2 the public prosecutor shall keep statistics on the use of these forms of surveillance. the federal council shall regulate the details.107 inserted by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 269ter 108 use of special software for the surveillance of telecommunications 1 the public prosecutor may order the introduction of special software into a data processing system in order to intercept and recover the content of communications and telecommunications metadata in unencrypted form provided:a. the conditions of article 269 paragraphs 1 and 3 are met;b. the proceedings relate to an offence listed in article 286 paragraph 2;c. previous telecommunications surveillance measures under article 269 have been unsuccessful or surveillance with these measures would be futile or disproportionately difficult.2 in the surveillance order, the public prosecutor shall specify:a. the desired data types; andb. the non-public spaces that may have to be entered in order to introduce special software into the relevant data processing system.3 data not covered by paragraph that is collected when using such software must be destroyed immediately. no use may be made of information obtained from such data. 4 the public prosecutor shall keep statistics on these forms of surveillance. the federal council shall regulate the details.108 inserted by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 269quater 109 requirements applicable to special software for the surveillance of telecommunications 1 the only special software that may be used is that which records the surveillance unalterably and without interruption. the record forms part of the case files.2 the recovery of data from the data processing system under surveillance to the relevant criminal justice authority must take place securely.3 the criminal justice authority shall ensure that the source code can be checked in order to verify that the software has only legally permitted functions.109 inserted by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 270 subject matter of surveillance the post and telecommunications of the following persons may be monitored:110a. the accused;b. third parties if there is reason to believe based on specific information that:1.111 the accused uses the postal address or the telecommunications service of the third party, or2. the third party receives certain communications on behalf of the accused or passes on communications from the accused to another person.110 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).111 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 271112 preservation of professional confidentiality 1 when monitoring a person belonging to one of the professions mentioned in articles 170-173, the court must ensure that information that is relevant to the enquiries or the reason why this person is being monitored is separated from information that is relevant, in order to guarantee that no professional secrets come to the knowledge of the criminal justice authority. the separated data must be destroyed immediately; it may not be evaluated.2 information under paragraph 1 need not be separated beforehand if:a. there is a strong suspicion that the person subject to professional confidentiality is guilty of an offence; andb. there are specific reasons justifying the direct interception of communications.3 in the surveillance of other persons, as soon as it is established that they have links with a person mentioned in articles 170-173, information on communication with the person must be separated in accordance with paragraph 1. information in respect of which a person mentioned in articles 170-173 may refuse to testify must be removed from the case documents and destroyed immediately; it may not be evaluated.112 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 272 duty to obtain authorisation and general authorisation 1 the surveillance of post and telecommunications requires the authorisation of the compulsory measures court.2 if enquiries reveal that the person under surveillance is changing his or her telecommunications service regularly, the compulsory measures court may by way of exception authorise the surveillance of all identified services used by the person under surveillance for telecommunications so that authorisation is not required in each individual case (general authorisation).113 the public prosecutor shall submit a report to the compulsory measures court for approval every month and on conclusion of the surveillance.3 if during the surveillance of a service in terms of a general authorisation, measures are required to protect professional confidentiality and such measures are not mentioned in the general authorisation, an application for authorisation for the individual surveillance operation concerned must be submitted to the compulsory measures court.114113 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).114 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 273115 subscriber information, location identification and technical transmission features 1 if there is a strong suspicion that a felony or misdemeanour or a contravention in terms of article 179septies scc116 has been committed, and if the requirements of article 269 paragraph 1 letters b and c of this code are met, the public prosecutor may request metadata relating to telecommunications in accordance with article 8 letter b of the federal act of 18 march 2016117 on the surveillance of postal and telecommunications traffic (spta) and metadata relating to post in accordance with article 19 paragraph 1 letter b spta relating to the person under surveillance.2 the order requires the approval of the compulsory measures court.3 the information mentioned in paragraph 1 may be requested irrespective of the duration of surveillance and for the 6 months prior to the date of the request.115 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).116 sr 311.0117 sr 780.1art. 274 authorisation procedure 1 the public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of surveillance or the release of information being ordered:a. the order;b. a statement of the reasons and the case documents relevant for authorisation.2 the compulsory measures court shall decide and provide a brief statement of the reasons within 5 days of the surveillance or the release of information being ordered. it may grant authorisation subject to a time limit or other conditions, or request further information or investigations.3 the compulsory measures court shall give notice of the decision immediately to the public prosecutor and to the post and telecommunications surveillance bureau in terms of article 3 spta118.1194 the authorisation shall expressly state:a. which measures must be taken to protect professional confidentiality;b. whether non-public spaces may be entered in order to introduce special software into the relevant data processing system.1205 the compulsory measures court shall grant authorisation for a maximum of 3 months. the authorisation may be extended on one or more occasions for a maximum of 3 months at a time. if an extension is required, the public prosecutor shall file an application for the extension, stating the reasons therefor, before expiry of the current authorisation.118 sr 780.1119 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).120 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).art. 275 conclusion of surveillance 1 the public prosecutor shall stop surveillance immediately if:a. the requirements are no longer fulfilled; orb. the authorisation or its extension is refused.2 in cases under paragraph 1 letter a, the public prosecutor shall notify the compulsory measures court that surveillance has been concluded.art. 276 results not required 1 records of authorised surveillance operations that are not required for criminal proceedings shall be stored separately from the case documents and destroyed immediately on conclusion of the proceedings.2 postal items may be retained for as long as this is necessary for the criminal proceedings; they must be released to the addressee as soon as the status of the proceedings permits.art. 277 use of the results of unauthorised surveillance operations 1 documents and data carriers obtained in unauthorised surveillance activities must be destroyed immediately. postal items must be delivered to the addressee immediately.2 the results of unauthorised surveillance operations may not be used.art. 278 accidental finds 1 if in the course of surveillance operations offences other than those specified in the surveillance order come to light, these findings may be used against the accused provided surveillance would have been permitted in the investigation of the offences concerned.1bis if offences come to light during surveillance operations in terms of articles 35 and 36 spta121, the findings may be used subject to the requirements specified in paragraphs 2 and 3.1222 findings relating to offences committed by a person who is not named as a suspect in the surveillance order may be used if the requirements for the surveillance of this person are fulfilled.3 in cases under paragraphs 1, 1bis and 2, the public prosecutor shall order surveillance immediately and begin the authorisation procedure.1234 records that may not be used as accidental finds must be stored separately from the case documents and destroyed on conclusion of the proceedings.5 any findings made in a surveillance operation may be used to trace wanted persons.121 sr 780.1122 inserted by annex no ii 7 of the criminal justice authorities act of 19 march 2010 (as 2010 3267; bbl 2008 8125). amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).123 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 279 notice 1 the public prosecutor shall notify the suspect under surveillance and third parties under surveillance in terms of article 270 letter b of the reason for and form and duration of the surveillance operation on conclusion of the preliminary proceedings at the latest.2 with the consent of the compulsory measures court, notice may be deferred or dispensed with if:a. the findings are not used as evidence in court proceedings; andb. deferring or dispensing with notice is necessary to protect overriding public or private interests.3 persons whose post or telecommunications have been under surveillance or who have used a postal address or telecommunications service that has been under surveillance may file an objection under articles 393-397.124 the period for filing the objection begins on receipt of the notice.124 amended by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).section 2 surveillance using technical surveillance devices art. 280 permitted use the public prosecutor may use technical surveillance devices in order to:a. listen to or record words spoken in private;b. observe or record events in private or not generally accessible places;c. establish the whereabouts of persons or property.art. 281 requirements and conduct 1 devices may only be used in relation to a suspect.2 premises or vehicles of third parties may only be monitored if there is reason to believe on the basis of specific information that a suspect is present on those premises or using that vehicle.3 use of devices may not be ordered in order to:a. record as evidence in court proceedings events involving an accused who is in custody;b. monitor premises or vehicles of a third party who belongs to one of the professions mentioned in articles 170-173.4 the use of technical surveillance devices is otherwise governed by articles 269-279.section 3 observation art. 282 requirements 1 the public prosecutor and, in the enquiries, the police may covertly observe persons and property in generally accessible locations and make image or sound recordings while doing so if:a. there is reason to believe on the basis of specific information that felonies or misdemeanours have been committed; andb. the enquiries would otherwise have no prospect of success or be made unreasonably complicated.2 where observation activities ordered by the police have been conducted for one month, their continuation requires authorisation by the public prosecutor.art. 283 notice 1 the public prosecutor shall notify the persons directly concerned by observation activities of the reason for and form and duration of the observation activities on conclusion of the preliminary proceedings at the latest.2 notice may be deferred or dispensed with if:a. the findings are not used as evidence in court proceedings; andb. deferring or dispensing with notice is necessary to protect overriding public or private interests.section 4 surveillance of banking transactions art. 284 principle in order to investigate felonies or misdemeanours, the compulsory measures court may, at the request of the public prosecutor, order the surveillance of transactions between a suspect and a bank or bank-type institution.art. 285 conduct 1 if the compulsory measures court authorises the application, it shall issue the bank or bank-type institution with written instruction on:a. the information and documents to be providedb. the secrecy measures to be taken.2 the bank or bank-type institution is not required to provide information or documents if in doing so it would incriminate itself to the extent that:a. it could be convicted of a criminal offence; orb. it could be held liable under civil law and if the interest to be protected outweighs the interest in prosecution.3 the account holder shall be notified of the measure after it has been carried out in accordance with of article 279 paragraphs 1 and 2.4 persons whose banking transactions have been monitored may file an objection in accordance with articles 393-397. the period for filing the objection begins on receipt of the notice.section 5125 undercover investigations 125 originally before art. 286. art. 285a126 definition in an undercover investigation, police officers or persons temporarily appointed to carry out police duties make contact with persons under false pretences by using a false identity (cover) supported by documents with the aim of gaining the trust of those persons and infiltrating a criminal environment in order to investigate particularly serious offences.126 inserted by no i of the fa of 14 dec. 2012 on undercover investigations and enquiries, in force since 1 may 2013 (as 2013 1051; bbl 2012 5591 5609).art. 286 requirements 1 the public prosecutor may order an undercover investigation if:a. it is suspected that an offence listed in paragraph 2 has been committed;b. the seriousness of the offence justifies the covert investigation; andc. previous investigative activities have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated.2 an undercover investigation is permitted in respect of offences under the following articles:a.127 scc128: articles 111-113, 122, 124, 129, 135, 138-140, 143 paragraph 1, 144 paragraph 3, 144bis number 1 paragraph 2 and number 2 paragraph 2, 146 paragraphs 1 and 2, 147 paragraphs 1 and 2, 148, 156, 160, 182-185, 187, 188 number 1, 189 paragraphs 1 and 3, 190 paragraphs 1 and 3, 191, 192 paragraph 1, 195, 196, 197 paragraphs 3-5, 221 paragraphs 1 and 2, 223 number 1, 224 paragraph 1, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237 number 1, 238 paragraph 1, 240 paragraph 1, 242, 244 paragraph 2, 251 number 1, 260bis-260sexies, 264-267, 271, 272 number 2, 273, 274 number 1 paragraph 2, 301, 305bis number 2, 310, 322ter, 322quater, 322septies;b.129 foreign nationals and integration act of 16. december 2005130: articles 116 paragraph 3 and 118 paragraph 3;c. federal act of 22. june 2001131 on the hague convention on adoption and on measures to protect children in international adoption cases: article 24;d.132 war material act of 13 december 1996133: articles 33 paragraph 2 and 34-35b;e. nuclear energy act of 21 march 2003134: articles 88 paragraphs 1 and 2, 89 paragraphs 1 and 2 and 90 paragraph 1;f.135 narcotics act of 3 october 1951136: articles 19 number 1 second sentence and number 2, and 20 number 1 second sentence;g. goods control act of 13 december 1996137: article 14 paragraph 2;h.138 sport promotion act of 17 june 2011139: articles 22 paragraph 2 and 25a paragraph 3;i.140 weapons act of 20 june 1997141: article 33 paragraph 3;j.142 medicinal products act of 15 december 2000143: article 86 paragraphs 2 and 3;k.144 gambling act of 29 september 2017145: article 130 paragraph 2 for the offences under article 130 paragraph 1 letter a;l.146 intelligence service act of 25 september 2015147: article 74 paragraph 4.3 if the adjudication an offence subject to military jurisdiction is assigned to the jurisdiction of the civil courts, an undercover investigation may also be ordered in respect of offences under article 70 paragraph 2 of the military criminal procedure code of 23 march 1979148.127 amended by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).128 sr 311.0129 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).130 sr 142.20131 sr 211.221.31132 amended by no ii of the fa of 16 march 2012, in force since 1 feb. 2013 (as 2013 295; bbl 2011 5905).133 sr 514.51134 sr 732.1135 correction by the federal assembly drafting committee dated 19 sept. 2014, published on 4 oct. 2014 (as 2011 4487).136 sr 812.121137 sr 946.202138 inserted by art. 34 no 2 of the sport promotion act of 17 june 2012 (as 2012 3953; bbl 2009 8189). amended by annex no ii 2 of the gambling act of 29 sept. 2017, in force since 1 jan. 2019 (as 2018 5103; bbl 2015 8387).139 sr 415.0140 inserted by annex no ii 1 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).141 sr 514.54142 inserted by annex no 1 of the fd of 29 sept. 2017 (medicrime convention), in force since 1 jan. 2019 (as 2018 4771; bbl 2017 3135).143 sr 812.21144 inserted by annex no ii 2 of the gambling act of 29 sept. 2017, in force since 1 jan. 2019 (as 2018 5103; bbl 2015 8387).145 sr 935.51146 inserted by annex no ii 3 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).147 sr 121148 sr 322.1art. 287 requirements for the persons deployed 1 the following persons may be deployed as undercover investigators:a. members of a swiss or foreign police force;b. persons employed temporarily on police duties even if they have not received police training.2 only members of a police force may be deployed as command staff.3 if members of a foreign police force are deployed, they are normally led by their regular commander.art. 288 cover and guarantee of anonymity 1 the police shall provide undercover investigators with a cover.1492 the public prosecutor may guarantee to undercover investigators that their true identity will not be revealed even if they appear in court proceedings as a person providing information or as a witness.1502 it may guarantee to undercover investigators that their true identity will not be disclosed even if they appear in court proceedings as persons providing information or witnesses.3 if undercover investigators commit an offence while deployed, the compulsory measures court shall decide on the identity under which criminal proceedings are brought.149 amended by no i of the fa of 14 dec. 2012 on undercover investigations and enquiries, in force since 1 may 2013 (as 2013 1051; bbl 2012 5591 5609).150 amended by no i of the fa of 14 dec. 2012 on undercover investigations and enquiries, in force since 1 may 2013 (as 2013 1051; bbl 2012 5591 5609).art. 289 authorisation procedure 1 the deployment of an undercover investigator requires the authorisation of the compulsory measures court.2 the public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of ordering the undercover investigation:a. the order;b. a statement of the reasons and the case documents relevant for authorisation.3 the compulsory measures court shall decide and provide a brief statement of the reasons within 5 days of the undercover investigation being ordered. it may grant authorisation subject to a time limit or other conditions, or request further information or investigations.4 the authorisation shall expressly state whether it is permitted:a. to produce or alter official documents in order to create or maintain a cover;b. to guarantee anonymity;c. to deploy persons with no police training.5 the compulsory measures court shall grant authorisation for a maximum of 12 months. authorisation may be extended on one or more occasions for a maximum of 6 months at a time. if an extension is required, the public prosecutor shall file an application for the extension, stating the reasons therefor, before expiry of the current authorisation.6 if authorisation is not granted or no authorisation has been obtained, the public prosecutor shall terminate deployment immediately. all records must be destroyed immediately. findings made by means of the undercover investigation may not be used.art. 290 briefing before deployment the public prosecutor shall brief the commanding officer and the undercover investigator before deployment.art. 291 commanding officer 1 during deployment, the undercover investigator is subject to the direct instructions of the commanding officer. during deployment, any contact between the public prosecutor and the undercover investigator shall take place exclusively via the commanding officer.2 the commanding officer has the following duties in particular:a. he or she shall brief the undercover investigator in detail and continuously on the assignment and powers and on how to deal with the cover story.b. he or she shall instruct and advise the undercover investigator and continually assess the risk situation.c. he or she shall keep a written record of oral reports made by the undercover investigator and a full dossier on the operation.d. he or she shall inform the public prosecutor regularly and in full on the operation.art. 292 duties of undercover investigators 1 undercover investigators shall carry out their operation in accordance their duties and in line with their instructions.2 they shall report to their commanding officer regularly and in full on their activities and their findings.art. 293 scope of influence permitted 1 undercover investigators may not generally encourage others to commit offences or incite persons already willing to commit offences to commit more serious offences. they must limit their activities to substantiating an existing decision to commit an offence.2 their activities may only be of minor significance in the decision to commit a specific offence.3 if required in order to bring about the main transaction, they may make trial purchases or provide evidence of their ability to pay.4 if the undercover investigator exceeds the remit of the authorised operation, the court must take due account of this in assessing the sentence imposed on the person subject to the investigator's influence, or may dispense with imposing any sentence.art. 294 deployment in investigations under the narcotics act undercover investigators may not be convicted of an offence under articles 19 and 20-22 of the narcotics act of 3 october 1951151 if they are acting in the course of an authorised undercover investigation.151 sr 812.121art. 295 money for simulated transactions 1 at the request of the public prosecutor, the confederation may provide sums of money via the national bank in the required amounts, forms and denominations for the purpose of simulated transactions and to provide evidence of an ability to pay.2 the request must be submitted to the federal office of police together with a summary of the facts of the case.3 the public prosecutor shall take the precautions required to protect the money provided. in the event of loss, the confederation or the canton to which public prosecutor belongs is liable.art. 296 accidental finds 1 where evidence of an offence other than that named in the investigation order comes to light in the course of an undercover investigation, the evidence may be used provided the ordering of a covert investigation would have been permitted in order to investigate the offence newly disclosed.2 the public prosecutor shall order an undercover investigation immediately and begin the authorisation procedure.art. 297 conclusion of the operation 1 the public prosecutor shall terminate the operation immediately if:a. the requirements are no longer met;b. authorisation or an extension thereof is refused; orc. the undercover investigator or the commanding officer fails to follow instructions or fails to carry out his or her duties in some other way, in particular by wilfully providing false information to the public prosecutor.2 in cases under paragraph 1 letters a and c, the public prosecutor shall notify the compulsory measures court of the termination of the operation.3 when terminating an operation, it must be ensured that neither the undercover investigator nor any third parties involved in the investigation are exposed to any avoidable risks.art. 298 notice 1 the public prosecutor shall give notice to the accused at the latest on conclusion of the preliminary proceedings that he or she has been the subject of an undercover investigation.2 notice may be deferred or dispensed with, subject to the consent of the compulsory measures court, if:a. the findings are not used as evidence; andb. deferring or dispensing with notice is necessary to protect overriding public or private interests.3 persons who have been the subject of an undercover investigation may file an objection in accordance with articles 393-397. the period for filing the objection begins on receipt of notice of the investigation.section 5a152 undercover enquiries 152 inserted by no i of the fa of 14 dec. 2012 on undercover investigations and enquiries, in force since 1 may 2013 (as 2013 1051; bbl 2012 5591 5609). art. 298a definition 1 in undercover enquiries, police officers deployed for short periods in such a way that their true identity and function remains concealed attempt to investigate felonies and misdemeanours and to do so enter into or pretend that they wish to enter into fictitious transactions.2 undercover agents are not provided with a cover within the meaning of article 285a. their true identity and function is disclosed in the case files and at hearings. art. 298b requirements 1 the public prosecutor and, during police enquiries, the police may order undercover enquiries if:a. it is suspected that a felony or misdemeanour has been committed; and b. previous enquiries or investigations have been unsuccessful or the enquiries would otherwise have little prospect of success or would be made disproportionately more complex. 2 if undercover enquiries ordered by the police have been carried out for one month, the public prosecutor must approve their continuation.art. 298c requirements for the persons deployed and conduct 1 article 287 applies mutatis mutandis to the persons deployed. the deployment of persons in accordance with article 287 paragraph 1 letter b is not permitted. 2 articles 291-294 apply by analogy to the status, duties and obligations of the undercover agents and their commanding officers.art. 298d termination and notification 1 the police unit or public prosecutor responsible shall terminate the undercover enquiries immediately if: a. the requirements therefor are no longer met;b. public prosecutor fails to approve the continuation of enquiries ordered by the police; orc. the undercover agent or commanding officer does not follow instruction or fails to fulfil his or her obligations in another way, in particular by providing the public prosecutor with false information or attempting to influence the target person in an unlawful manner.2 the police shall notify the public prosecutor of the termination of undercover enquiries. 3 when terminating undercover enquiries, care should be taken to ensure that the undercover agent is not exposed to any avoidable risk. 4 notification of undercover enquiries is governed by article 298 paragraphs 1 and 3 mutatis mutandis.title 6 preliminary proceedings chapter 1 general provisions art. 299 definition and purpose 1 the preliminary proceedings comprise the police enquiries and the investigation by the public prosecutor.2 in the preliminary proceedings, based on the suspicion that an offence has been committed, enquiries shall be carried out and evidence gathered in order to establish whether:a. a summary penalty order should be issued to the accused;b. charges should be brought against the accused;c. the proceedings should be abandoned.art. 300 commencement 1 preliminary proceedings commence when:a. enquiries are begun by the police;b. an investigation is opened by the public prosecutor.2 the commencement of preliminary proceedings may not be contested unless the accused claims it constitutes a violation of the rule against double jeopardy.art. 301 right to report an offence 1 any person is entitled to report an offence to a criminal justice authority in writing or orally.2 the criminal justice authority shall if requested notify the person making the report of whether criminal proceedings are being commenced and how they are proceeding.3 a person making a report who has neither suffered loss nor injury nor is a private claimant has no further procedural rights.art. 302 duty to report 1 the criminal justice authorities are obliged to report to the competent authority all offences that have come to light or that have been reported to them in the course of their official activities, unless they themselves are responsible for prosecuting the offence.2 the confederation and the cantons shall regulate the duty to report of members of other authorities.3 the duty to report ceases to apply for persons who have the right to remain silent or to refuse to testify in accordance with articles 113 paragraph 1, 168, 169 and 180 paragraph 1.art. 303 offences prosecuted on complaint or with official authorisation 1 in the case of offences that are prosecuted only on complaint or with official authorisation, preliminary proceedings shall be commenced only if a criminal complaint has been made or authorisation granted.2 the competent authority may act to secure evidence beforehand where this cannot be delayed.art. 304 form of the criminal complaint 1 a criminal complaint must be submitted in writing or made orally and noted down in an official record. it must be made to the police, the public prosecutor or the authority responsible for prosecuting contraventions.2 where a person waives the right to file a complaint or withdraws a complaint, the same form is required.art. 305153 information and referral for the victim154 1 the police and the public prosecutor shall inform the victim in full at their first examination hearing of his or her rights and obligations in the criminal proceedings.2 they shall at the same time inform the victim of:155a. the addresses and services provided by victim counselling services;b. the possibility of claiming various victim support benefits;c. the time limit for the filing claims for damages and satisfaction;d.156 the right under article 92a scc to request information on the decisions and and circumstances of the execution of penalties and measure in relation to the offender.3 if the victim agrees, they shall pass his or her name and address on to a counselling service.4 paragraphs 1-3 also apply mutatis mutandis to the relatives of the victim.5 confirmation that the provisions this article have been complied with must be recorded in the case file.153 amended by annex no ii 7 of the criminal justice authorities act of 19 march 2010, in force since 1 jan. 2011 (as 2010 3267; bbl 2008 8125).154 amended by no i 3 of the fa of 26 sept. 2014 on victims' right to information, in force since 1 jan. 2016 (as 2015 1623; bbl 2014 889 913).155 amended by no i 3 of the fa of 26 sept. 2014 on victims' right to information, in force since 1 jan. 2016 (as 2015 1623; bbl 2014 889 913).156 inserted by no i 3 of the fa of 26 sept. 2014 on victims' right to information, in force since 1 jan. 2016 (as 2015 1623; bbl 2014 889 913).chapter 2 police enquiries art. 306 duties of the police 1 the police shall in the course of their enquiries establish the facts relevant to an offence on the basis of reports, instructions from the public prosecutor or their findings.2 they must in particular:a. secure and evaluate forensic and other evidence;b. identify and interview persons suffering harm and suspects;c. if necessary, stop and arrest or attempt to trace suspects.3 their activities are governed by the regulations on investigations, evidence and compulsory measures, subject to the special provisions of this code.art. 307 cooperation with the public prosecutor 1 the police shall inform the public prosecutor immediately of serious offences and other serious incidents. the federal and cantonal public prosecutors may issue more detailed provisions on this duty to provide information.2 the public prosecutor may issue instructions and assignments to the police at any time or take over the conduct of the proceedings. in the cases under paragraph 1, it shall if possible conduct the first essential examination hearings itself.3 the police shall record all their findings and the measures they have taken in written reports and pass these on conclusion of their enquiries together with the reports of offences, transcripts of examination hearings, other files and property and assets that have been seized directly to the public prosecutor.4 they may dispense with making a report if:a. there is clearly no need for the public prosecutor to take further proceedings; andb. no compulsory measures or other formal enquiries have been carried out.chapter 3 investigation by the public prosecutor section 1 duties of the public prosecutor art. 308 definition and purpose of the investigation 1 in the investigation, the public prosecutor shall clarify the factual and legal aspects of the case in order that it may conclude the preliminary proceedings.2 if it is anticipated that charges will be brought or a summary penalty order issued, it shall clarify the personal circumstances of the accused.3 if charges are to be brought, the investigation must provide the court with the basic information required to assess the guilt of the accused and to impose a sentence.art. 309 opening the investigation 1 the public prosecutor shall open an investigation if:a. there is a reasonable suspicion that an offence has been committed based on the information and reports from the police, the complaint or its own findings;b. it intends to order compulsory measures;c. it has received information from the police in terms of article 307 paragraph 1.2 it may return police reports and criminal complaints that do not contain clear indications that an offence has been committed to the police so that they may carry out additional enquiries.3 it shall open the investigation by issuing a ruling in which it shall name the accused and the offence that he or she is suspected of committing. the ruling need not contain a statement of reasons or be made public. it is non-contestable.4 the public prosecutor may not open an investigation if it immediately issues a no-proceedings order or a summary penalty order.art. 310 no-proceedings order 1 the public prosecutor shall rule that no proceedings be taken as soon as it is established on the basis of the complaint or the police report that:a. the elements of the offence concerned or the procedural requirements have clearly not been fulfilled;b. there are procedural impediments;c. there should be no prosecution for the reasons stated in article 8.2 the procedure is otherwise governed by the provisions on abandoning proceedings.section 2 conduct of the investigation art. 311 gathering of evidence and extending the investigation 1 the public prosecutors shall gather the evidence themselves. the confederation and the cantons shall decide on the extent to which they may delegate specific investigative activities to their staff.2 the public prosecutor may extend the investigation to include additional persons or offences. article 309 paragraph 3 applies.art. 312 assignments given by the public prosecutor to the police 1 the public prosecutor may instruct the police to carry out additional enquiries after the investigation has been opened. it shall issue written instructions, or in cases of urgency oral instructions, that limit the enquiries to clearly defined issues.2 in the case of examination hearings carried out by the police on behalf of the public prosecutor, the persons involved in the proceedings have the procedural rights that they would be accorded in the case of examination hearings by the public prosecutor.art. 313 taking evidence for civil claims 1 the public prosecutor shall gather the evidence required to assess the civil claim provided the proceedings are not unduly extended or delayed thereby.2 it may the make the gathering of evidence that primarily serves to further the civil claim conditional on an advance payment by the private claimant to cover costs.art. 314 suspension 1 the public prosecutor may suspend an investigation, in particular if:a. the identity of the offender or his or her whereabouts is unknown is or there are other temporary procedural impediments;b. the outcome of the criminal proceedings depends on other proceedings and it seems appropriate to await their conclusion;c. private settlement proceedings are ongoing and it seems appropriate to await their outcome;d. a decision on the substance of the case depends on how the consequences of the offence develop.2 in the case of paragraph 1 letter c, the period of suspension shall be limited to 3 months; it may be extended on one occasion by a further 3 months.3 before suspending proceedings, the public prosecutor shall gather any evidence that is at risk of being lost. if the identity of the offender or his or her whereabouts is unknown, it shall order that he or she be traced.4 the public prosecutor shall give notice of the suspension to the accused, the private claimant and the victims.5 the procedure is otherwise governed by the provisions on the abandonment of proceedings.art. 315 resumption of proceedings 1 the public prosecutor shall resume a suspended investigation ex officio if the grounds for suspension no longer apply.2 a decision to resume proceedings may not be contested.section 3 private settlements art. 316 1 where the proceedings relate to an offence that is prosecuted only on complaint, the public prosecutor may summon the complainant and the accused to a hearing with the aim of achieving a settlement. if the complainant fails to attend, the complaint is deemed to have been withdrawn.2 if consideration is being given to an exemption from punishment due to reparation being made in accordance with article 53 scc157, the public prosecutor shall invite the person suffering harm and the accused to a hearing with the aim of agreeing on reparation.3 if an agreement is reached, this shall be placed on record and signed by those involved. the public prosecutor shall then abandon the proceedings.4 if the accused fails to attend a hearing in accordance with paragraphs 1 or 2 or if no agreement is reached, the public prosecutor shall immediately proceed with the investigation. in cases where it is justified, it may require the complainant to provide security for costs and damages within ten days.157 sr 311.0section 4 conclusion of the investigation art. 317 final examination hearing in extensive and complex preliminary proceedings, the public prosecutor shall question the accused again in a final examination hearing before concluding the investigation and request the accused to comment on the findings.art. 318 conclusion 1 if the public prosecutor regards the investigation as completed, it shall issue a summary penalty order or give written notice to those parties whose address is known of the imminent conclusion of the investigation and inform them whether it is intended to bring charges or abandon the proceedings. at the same time, it shall allow the parties a period within which to submit requests for further evidence to be taken.2 it may reject requests for further evidence to be taken only if the evidence involves matters that are irrelevant, obvious, known to the criminal justice authority or already satisfactorily proven in legal terms. the decision shall be issued in writing and with a brief statement of the grounds. requests for further evidence to be taken that are refused may be made again in the main proceedings.3 notice in accordance with paragraph 1 and decisions in accordance with paragraph 2 are non-contestable.chapter 4 abandoning proceedings and bringing charges section 1 abandoning proceedings art. 319 grounds 1 the public prosecutor shall order the complete or partial abandonment of the proceedings if:a. no suspicions are substantiated that justify bringing charges;b. the conduct does not fulfil the elements of an offence;c. grounds justifying the conduct mean that it does not constitute an offence;d. it is impossible to fulfil the procedural requirements or procedural impediments have arisen;e. a statutory regulation applies that permit the public prosecutor to dispense with bringing charges or imposing a penalty.2 it may also abandon the proceedings by way of exception if:a. this is essential in the interests of a victim who was under the age of 18 at the time of the offence and this interest clearly overrides the interest of the state in a prosecution; andb. the victim or in the event that the victim lacks legal capacity, his or her legal agent consents to the abandonment.art. 320 ruling abandoning proceedings 1 the form and general content of the ruling abandoning proceedings are governed by articles 80 and 81.2 the public prosecutor shall revoke existing compulsory measures in the ruling abandoning proceedings. it may order the forfeiture of property and assets.3 civil claims are not addressed in the ruling abandoning proceedings. a private claimant may take civil action after the ruling becomes legally binding.4 a legally binding ruling abandoning proceedings is equivalent to a final verdict of acquittal.art. 321 notice 1 the public prosecutor shall give notice of the ruling abandoning proceedings to:a. the parties;b. the victim;c. the other persons involved in the proceedings affected by the ruling;d. any other authorities designated by the cantons provided they have a right of appeal.2 the foregoing is subject to the express waiver of any person involved in the proceedings.3 articles 84-88 are otherwise applicable mutatis mutandis.art. 322 approval and rights of appeal 1 the confederation and the cantons may stipulate that the ruling abandoning proceedings be approved by the office of the chief cantonal prosecutor.2 the parties may contest the ruling abandoning proceedings with the objections authority within 10 days.art. 323 reopening of proceedings 1 the public prosecutor shall order the reopening of proceedings that have been abandoned by a legally-binding ruling if it obtains new evidence or information that:a. indicates that the accused is guilty of a criminal offence; andb. does not result from the previous files.2 it shall give notice of the reopening of proceedings to the persons and authorities that previously received notice of the abandonment.section 2 bringing charges art. 324 principles 1 the public prosecutor shall bring charges in the competent court if, based on the results of the investigation, it regards the grounds for suspicion as sufficient and it is not competent to issue a summary penalty order.2 the bringing of charges is non-contestable.art. 325 content of the indictment 1 the indictment shall indicate:a. the place and the date;b. the public prosecutor bringing the charges;c. the court competent to hear the charges;d. the accused and his or her defence lawyer;e. the person suffering harm;f. as briefly but precisely as possible: the acts that the accused is alleged to have committed with details of the locus, date, time, nature and consequences of their commission;g. the offences that are in the opinion of the public prosecutor constituted by these acts with details of the applicable statutory provisions.2 the public prosecutor may bring alternative charges or secondary charges for the event that the main charges are dismissed.art. 326 further information and applications 1 the public prosecutor shall provide the court with the following details and make the following applications unless they are already included in the indictment:a. the private claimant and any civil claims;b. the compulsory measures ordered;c. the seized property and assets;d. the costs incurred in the investigation;e. if deemed necessary, its application for preventive detention;f. its applications for sanctions or notice that these applications will be made at the main hearing;g. its applications for subsequent judicial decisions;h. its request to receive a summons to the main hearing.2 if the public prosecutor is not personally represented in court, it may attach a final report to the indictment that explains the circumstances of the case, which also contains comments on the assessment of evidence.art. 327 service of the indictment 1 the public prosecutor shall immediately serve the indictment together with any final report:a. on the accused, provided his or her whereabouts is known;b. on the private claimant;c. on the victim;d. on the competent court, together with the files and the seized property and assets.2 if the public prosecutor applies for an order of preventive detention, when filing the relevant application, it shall also serve a copy of the indictment on the compulsory measures court.title 7 main proceedings of first instance chapter 1 pending status, preparation for the main hearing, general provisions on the main hearing art. 328 pending status 1 on receipt of the indictment, the proceedings become pending before the court.2 when the proceedings become pending, authority over the proceedings passes to the court.art. 329 examination of the indictment; suspension and abandonment of the proceedings 1 the director of proceedings shall examine whether:a. the indictment and the files have been presented in the proper manner;b. the procedural requirements are fulfilled;c. there are any procedural impediments.2 if it is determined in this examination or later in the proceedings that a judgment cannot be issued at this time, the court shall suspend the proceedings. if required, it shall return the indictment to the public prosecutor for amendment or correction.3 the court shall decide whether a suspended case remains pending before it.4 if it is permanently impossible to issue a judgment, the court shall abandon the proceedings after granting the parties and other third parties adversely affected by abandonment the right to be heard. article 320 applies mutatis mutandis.5 if the proceedings are only abandoned in relation to specific charges on the indictment abandoned, the abandonment order may be issued with the judgment.art. 330 preparation for the main hearing 1 if the charges are to be considered, the director of proceedings shall immediately issue the orders required for the main hearing to be conducted.2 in the case of courts with two or more judges on the bench, the director of proceedings shall circulate the files.3 the director of proceedings shall inform the victim of his or her rights, unless the prosecution authorities have already done so; article 305 applies mutatis mutandis.art. 331 scheduling the main hearing 1 the director of proceedings shall decide on the evidence that may be taken at the main hearing. he or she shall notify the parties of the composition of the court and what evidence is to be presented.2 the director of proceedings shall at the same time set a deadline within which the parties must submit and justify requests for further evidence to be taken; when doing so, he or she shall notify the parties of the potential effect on costs and damages of delayed requests for further evidence to be taken.3 if the director of proceedings rejects a request for further evidence to be taken, he or she shall notify the parties of this and give a brief statement of the grounds. rejection is non-contestable, but rejected requests for further evidence to be taken may be submitted again at the main hearing.4 the director of proceedings shall fix a date, time and place for the main hearing and summon the parties, together with the witnesses, persons providing information and expert witnesses who are to be questioned.5 he or she shall make a final decision on applications for postponement that are submitted before the start of the main hearing.art. 332 preliminary hearings 1 the director of proceedings may summon the parties to a preliminary hearing in order to settle organisational issues.2 the director of proceedings may summon the parties to discuss a private settlement in accordance with article 316.3 if it is expected that it will not be possible to take certain evidence in the main hearing, the director of proceedings may take that evidence prior to the main hearing, entrust the task to a delegate of the court or in cases of urgency to the public prosecutor, or arrange for the evidence to be taken through mutual assistance procedures. the parties shall be given the opportunity to participate if evidence is taken in this way.art. 333 amending and adding charges 1 the court shall allow the public prosecutor the opportunity to amend the charges if in its view the circumstances outlined in the indictment could constitute a different offence but the indictment does not meet the statutory requirements.2 if further offences by the accused come to light during the main hearing, the court may permit the public prosecutor to add charges to the indictment.3 additions are not permitted if the proceedings would be made unduly complex or this would affect the jurisdiction of the court or if a case involves co-offending or participation. in these cases, the public prosecutor shall commence preliminary proceedings.4 the court may only base its judgment on a charge that has been amended or added to if the party rights of the accused and the private claimant have been observed. if necessary, it shall adjourn the main hearing.art. 334 transfer 1 if the court concludes that in proceedings pending before it a sentence or measure must be considered that exceeds its competence, it shall transfer the case at the latest following the party submissions to the competent court. this court shall conduct its own procedure for taking evidence.2 the decision to transfer the case to another court is non-contestable.chapter 2 conduct of the main hearing section 1 court and persons involved in the proceedings art. 335 composition of the court 1 the court shall sit for the entire duration of the main hearing in the composition required by law and in the presence of a clerk of court.2 if a judge becomes unable to attend during the main hearing, the entire main hearing shall be held again unless the parties waive this requirement.3 the director of proceedings may order that from the outset a substitute member of the court participates in the hearing in order to replace a member of the court if necessary.4 if the court is hearing a case involving sexual offences, if so requested by the victim at least one of its members must be of the same gender as the victim. where the court comprises one judge sitting alone, this rule need not be applied if the case involves victims of both genders.art. 336 accused, duty defence lawyer and mandatory defence lawyer 1 the accused must attend the main hearing in person if:a. the case involves a felony or misdemeanour; orb. the director of proceedings orders a personal appearance.2 duty defence lawyers and the mandatory defence lawyers must attend the main hearing in person.3 the director of proceedings may dispense with the requirement for the accused to attend in person at the accused's request if the accused shows good cause and his or her presence is not required.4 if the accused fails to attend without being excused, the regulations on proceedings in absentia apply.5 if a duty defence lawyer or mandatory defence lawyer fails to attend, the hearing shall be postponed.art. 337 public prosecutor 1 the public prosecutor may submit written applications to the court or be represented by a prosecutor in court.2 it is neither bound by the legal assessment nor by the applications set out in the indictment.3 if it requests a custodial sentence of more than one year or a custodial measure, it must be represented in court by a prosecutor.4 the director of proceedings may require the public prosecutor to be represented by a prosecutor in other cases if he or she regards it as necessary.5 if the public prosecutor is not represented by a prosecutor at the main hearing, despite being required to be represented, the hearing shall be postponed.art. 338 private claimant and third parties 1 the director of proceedings may dispense with the requirements for a private claimant to attend at the claimant's request if his or her presence is not required.2 a third party affected by an application for forfeiture is not required to appear in person.3 if a private claimant or a third party affected by an application for forfeiture does not appear in person, he or she may be represented or submit written applications.section 2 commencement of the main hearing art. 339 opening; preliminary and supplementary issues 1 the director of proceedings shall open the main hearing, announce the composition of the court and establish whether the persons summoned are present.2 the court and the parties may then raise preliminary issues in particular relating to:a. the competence of the charge;b. procedural requirements;c. procedural impediments;d. the files and the evidence taken;e. the admission of the public to the hearing;f. the division of the hearing.3 the court decides immediately on the preliminary issues after granting the parties present the right to be heard.4 if the parties raise supplementary issues during the main hearing, the court shall deal with these in the same way as preliminary issues.5 the court may adjourn the main hearing at any time in order to deal with preliminary or supplementary issues, and to add to or have the public prosecutor add to the files or the evidence.art. 340 continuation of the hearing 1 the fact that any preliminary issues have been dealt with has the following consequences:a. the main hearing must be conducted to its completion without unnecessary interruptions;b. the charge may no longer be withdrawn and, subject to article 333, may no longer be amended;c. parties required to attend may only leave the venue for the hearing with the consent of the court; if a party leaves the venue for the hearing, the hearing shall nevertheless continue.2 after any preliminary issues have been dealt with, the director of proceedings shall announce the applications made by the public prosecutor, unless the parties dispense with this requirement.section 3 procedure for taking evidence art. 341 examination hearings 1 the director of proceedings or a member of the court that they have appointed shall conduct the examination hearings.2 the other members of the court and the parties may request the director of proceedings to ask supplementary questions or request their authorisation to ask them themselves.3 at the start of the beginning of the procedure for taking evidence, the director of proceedings shall question the accused in detail on his or her personal circumstances, on the charge and on the results of the preliminary proceedings.art. 342 division of the main hearing 1 the court may at the request of the accused or the public prosecutor or ex officio divide the main hearing into two parts; in doing so, it may stipulate that:a. in the first part of the proceedings only the offence and the issue of the accused's guilt will be considered, and that in the second the consequences of conviction or acquittal shall be considered; orb. in the first part of the proceedings only the offence will be considered and in the second the issue of the accused's guilt together with the consequences of conviction or acquittal will be considered.2 the decision on the division of the main hearing is non-contestable.3 in the event of the division of the proceedings, the personal circumstances of the accused may only be considered in the main hearing in the event of that the accused is found guilty, unless that the accused's personal circumstances are of significance in assessing the objective facts of the case or the state of mind of the accused.4 the verdict shall be given following the deliberations, but it may only be contested in conjunction with the entire judgment.art. 343 taking of evidence 1 the court shall take new evidence and add to evidence already taken that is incomplete.2 it shall take evidence again that was not taken in the proper manner in the preliminary proceedings.3 it shall take evidence again that was taken in the proper manner in the preliminary proceedings if direct knowledge of the evidence appears necessary in order to reach a decision.art. 344 differences in legal assessment if the court intends to make an assessment of the legal aspects of the case that differs from that of public prosecutor in the indictment, it shall give notice of this to the parties present and give them the opportunity to comment.art. 345 conclusion of the procedure for taking evidence before concluding the procedure for taking evidence, the court shall give the parties the opportunity to submit additional requests for further evidence to be taken.section 4 party submissions and conclusion of the party hearing art. 346 party submissions 1 on conclusion of the procedure for taking evidence, the parties shall present and justify their applications. the parties shall make their submissions in the following order:a. the public prosecutor;b. the private claimant;c. third parties affected by an application for forfeiture (art. 69-73 scc158);d. the accused or his or her defence lawyer.2 the parties have the right to make a second party submission.158 sr 311.0art. 347 conclusion of the party hearing 1 the accused is entitled to have the last word on conclusion of the party submissions.2 the director of proceedings shall then declare the party hearing closed.section 5 judgment art. 348 deliberations on the judgment 1 the court shall retire on conclusion of the party hearing in order to deliberate on the judgment in private.2 the clerk of court shall participate in an advisory capacity.art. 349 additional evidence if the court is not yet in a position to issue a judgment in the case, it may decide to take additional evidence and the reopen the party hearing.art. 350 latitude in assessing the charge; basis for the judgment 1 the court is bound by the facts of the case set out in the indictment but not by the legal assessment of the case therein.2 it shall take account of the evidence taken in the preliminary proceedings and main proceedings.art. 351 decision on and notice of the judgment 1 if the court is able to decide on the substance of the charge, it shall reach a verdict, and a decision on the sanctions and other consequences.2 it shall reach its decision on all points of the judgment by a simple majority. each member is obliged to vote.3 it shall give notice of its judgment in accordance with the provisions of article 84.title 8 special procedures chapter 1 summary penalty order procedure, contravention procedure section 1 summary penalty order procedure art. 352 requirements 1 if the accused has accepted responsibility for the offence in the preliminary proceedings or if his or her responsibility has otherwise been satisfactorily established, the public prosecutor shall issue a summary penalty order if, having taken account of any suspended sentence or parole order that must be revoked, it regards any of the following sentences as appropriate:a. a fine;b. a monetary penalty of no more than 180 daily penalty units;c.159 .d. a custodial sentence of no more than 6 months.2 any of these sentences may be combined with a measure in accordance with articles 66 and 67e-73 scc160.1613 sentences in accordance with paragraph 1 letters b-d may be combined with each other provided the total sentence imposed corresponds to a custodial sentence of no more than 6 months. a fine may always be combined with any another sentence.159 repealed by annex no 3 of the fa of 19 june 2015 (amendments to the law of criminal sanctions), with effect from 1 jan. 2018 (as 2016 1249; bbl 2012 4721).160 sr 311.0161 amended by annex no 5 of the fa of 20 march 2015 (implementation of art. 121 para. 3-6 federal constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 oct. 2016 (as 2016 2329; bbl 2013 5975).art. 353 content and notice of the summary penalty order 1 the summary penalty order contains:a. the name of the authority issuing the order;b. the name of the accused;c. a description of the act committed by the accused;d. the offence constituted by the act;e. the sanction;f. notice of the revocation of a suspended sentence or of parole with a brief statement of the reasons;g. the costs and damages due;h. details of any seized property or assets that are to be released or forfeited;i. reference to the possibility of rejecting the order and the consequences of failing to reject the order;j. place and date of issue;k. the signature of the person issuing the order.2 if the accused has accepted the civil claims of the private claimant, this shall also be recorded in the summary penalty order. claims that are not accepted shall be referred for civil proceedings.3 immediate written notice of the summary penalty order shall be given to persons and authorities who are entitled to reject the order.art. 354 rejection 1 a written rejection of the summary penalty order may be filed with the public prosecutor within 10 days by:a. the accused;b. other affected persons;c. if so provided, the office of the attorney general of switzerland or of the canton in federal or cantonal proceedings respectively.2 a rejection other than that made by the accused must be accompanied by a statement of grounds.3 unless a valid rejection is filed, the summary penalty order becomes a final judgment.art. 355 procedure for rejection 1 if a rejection is filed, the public prosecutor shall gather the additional evidence required to assess the rejection.2 if the person filing the rejection fails to attend an examination hearing without an excuse despite being served with a summons, the rejection is deemed to have been withdrawn.3 after taking the evidence, the public prosecutor shall decide to either:a. stand by the summary penalty order;b. abandon the proceedings;c. issue a new summary penalty order;d. bring charges in the court of first instance.art. 356 procedure before the court of first instance 1 if the public prosecutor decides to stand by the summary penalty order, it shall send the files immediately to the court of first instance for the conduct of the main hearing. the summary penalty order constitutes the indictment.2 the court of first instance shall decide on the validity of the summary penalty order and its rejection.3 the rejection may be withdrawn at any time prior to the conclusion of the party submissions.4 if the person filing the rejection fails to attend the main hearing without excuse or being represented, the rejection is deemed to have been withdrawn.5 if the summary penalty order is invalid, the court shall revoke it and refer the case back to the public prosecutor for new preliminary proceedings to be conducted.6 if the rejection relates only to costs and damages or other incidental legal orders, so the court shall decide in written proceedings, unless the person filing the rejection expressly requests a hearing.7 if summary penalty orders have been issued to two or more persons in relation to the same act, article 392 applies mutatis mutandis.section 2 contravention proceedings art. 357 1 the administrative authorities appointed to prosecute and adjudicate contraventions have the powers of the public prosecutor.2 the procedure is governed mutatis mutandis by the regulations on the summary penalty order procedure.3 if elements of the contravention have not been fulfilled, so the authority responsible for prosecuting contraventions shall abandon the proceedings by issuing a ruling with a brief statement of the reasons.4 if in the view of the authority responsible for prosecuting contraventions the facts of the case constitute a felony or misdemeanour, it shall refer the case to the public prosecutor.chapter 2 accelerated proceedings art. 358 principles 1 at any time prior to bringing charges, the accused may request the public prosecutor to conduct accelerated proceedings provided the accused admits the matters essential to the legal appraisal of the case and recognises, if only in principle, the civil claims.2 accelerated proceedings are not an option in cases where the public prosecutor requests a custodial sentence of more than five years.art. 359 opening proceedings 1 the decision of the public prosecutor on whether to conduct accelerated proceedings is final. the ruling need not contain a statement of reasons.2 the public prosecutor shall notify the parties that accelerated proceedings are to be conducted and shall set the private claimant a time limit of 10 days to file civil claims and request the reimbursement of costs incurred in the proceedings.art. 360 indictment 1 the indictment shall contain:a. the details required in accordance with articles 325 and 326;b. the sentence;c. any measures;d. instructions related to the imposition of a suspended sentence;e. the revocation of suspended sentences or parole;f. the ruling on the civil claims made by the private claimant;g. the ruling on costs and damages;h. notice to the parties that by consenting to the indictment, they waive their rights to ordinary proceedings and their rights of appeal.2 the public prosecutor shall serve the indictment on the parties. the parties must declare within ten days whether they consent to the indictment or not. consent is irrevocable.3 if the private claimant fails to give written notice rejecting the indictment within the time limit, he or she is deemed to have consented to it.4 if the parties consent, the public prosecutor shall pass the indictment with the files to the court of first instance.5 if any party rejects the indictment, the public prosecutor shall conduct ordinary preliminary proceedings.art. 361 main hearing 1 the court of first instance shall conduct a main hearing.2 at the main hearing, the court shall question the accused and establish whether:a. he or she admits the matters on which the charges are based; andb. this admission corresponds to the circumstances set out in the files.3 if necessary, the court shall also question other parties present.4 no procedure for taking evidence shall be conducted.art. 362 judgment or rejection of application 1 the court shall be free to decide whether:a. the conduct of accelerated proceedings is lawful and reasonable;b. the charge corresponds to the result the main hearing and the files; andc. the requested sanctions are equitable.2 if the requirements for a judgment in the accelerated proceedings are fulfilled, the court shall issue a judgment that sets out the offences, sanctions and civil claims contained in the indictment, together with a brief statement of reasons for the fulfilment of the requirements for the accelerated proceedings.3 if the requirements for a judgment in the accelerated proceedings are not fulfilled, the court shall return the files to the public prosecutor so that ordinary preliminary proceedings may be conducted. the court shall give notice of its decision not to issue a judgment both orally and by issuing written conclusions. this decision is non-contestable.4 following a decision not to issue a judgment in accelerated proceedings, statements made by the parties for the purpose of the accelerated proceedings may not be used in any subsequent ordinary proceedings.5 the sole grounds for appeal against a judgment in accelerated proceedings are that a party did not consent to the indictment or that the judgment does not correspond to the indictment.chapter 3 procedure for separate subsequent court decisions art. 363 jurisdiction 1 the court that issued the first instance judgment shall also take any separate subsequent decisions delegated to a judicial authority unless the confederation or cantons provide otherwise.2 if the public prosecutor issued the decision in summary penalty order proceedings or the authority responsible for prosecuting contraventions issued the decision in contravention proceedings, these authorities shall also take the subsequent decisions.3 the confederation and the cantons shall specify the authorities responsible for making subsequent decisions that are not made by the court.art. 364 procedure 1 the competent authority shall begin proceedings to issue a subsequent judicial decision ex officio unless federal law provides otherwise. it shall submit the relevant files and its application to the court.2 in all other cases, the person convicted or any other entitled persons may request proceedings be initiated by filing a written and justified application.3 the court shall examine whether the requirements for the subsequent judicial decision are fulfilled, and shall if necessary add to the files or arrange for further enquiries to be carried out by the police.4 it shall give the persons and authorities concerned the opportunity to comment on the intended decision and to submit applications.art. 364a162 preventive detention with a view to a separate subsequent court decision 1 the authority responsible for initiating the proceedings to issue a separate decision ex officio may order the arrest of the convicted person if it is seriously to be expected that:a. the person will be ordered to serve a custodial sanction; andb. the person:1. will attempt to evade serving the sanction, or2. will commit a further felony or serious misdemeanour.2 the procedure is governed by analogy by articles 222-228.3 the competent authority shall submit the relevant files and its application to the court responsible for the separate subsequent decision as quickly as possible.162 inserted by no i of the fa of 25 sept. 2020 (preventive detention in the procedure for separate subsequent decisions), in force since 1 march 2021 (as 2021 75; bbl 2019 6697).art. 364b163 preventive detention during the court proceedings 1 the director of proceedings may order the arrest of the convicted person subject to the requirements of article 364a paragraph 1.2 it shall conduct detention proceedings by analogous application of article 224 and request the compulsory measures court or the director of appellate proceedings to order preventive detention. the procedure is governed by analogy by articles 225 and 226.3 if preventive detention has already been ordered, the procedure is governed by analogy by article 227.4 articles 222 and 230-233 also apply by analogy.163 inserted by no i of the fa of 25 sept. 2020 (preventive detention in the procedure for separate subsequent decisions), in force since 1 march 2021 (as 2021 75; bbl 2019 6697).art. 365 decision 1 the court shall decide based on the files. it may also order a hearing.2 it shall issue its decision in writing with a brief statement of reasons. if a hearing has been held, it shall make an immediate oral announcement of its decision.chapter 4 procedure in the absence of the accused section 1 requirements and conduct art. 366 requirements 1 if an accused who has been duly summoned fails to appear before the court of first instance, the court shall fix a new hearing and summon the person again or arrange for him or her to be brought before the court. it shall take evidence where this cannot be delayed.2 if the accused fails to appear for the re-arranged main hearing or if it is not possible to bring him or her before the court, the main hearing may be held in the absence of the accused. the court may also suspend the proceedings.3 if the accused is suffering from a voluntarily induced unfitness to plead or if he or she refuses to be brought from detention to the main hearing, the court may conduct proceedings immediately in absentia.4 proceedings in absentia may only be held if:a. the accused has previously had adequate opportunity in the proceedings to comment on the offences of which he or she is accusedb. sufficient evidence is available to reach a judgment without the presence of the accused.art. 367 conduct and decision 1 the parties and the defence shall be permitted to make party submissions.2 the court shall reach its judgment based on the evidence taken in the preliminary proceedings and the main proceedings.3 on conclusion of the party submissions the court may issue a judgment or suspend the proceedings until the accused appears in court in person.4 proceedings in absentia are otherwise governed by the provisions on the main proceedings in the first instance.section 2 re-assessment art. 368 application for a re-assessment 1 if it is possible to serve the judgment in absentia personally, the person convicted shall be notified that he or she has 10 days to make a written or oral application to the court that issued the judgment for it to re-assess the case.2 in the application, the person convicted must briefly explain why he or she was unable to appear at the main hearing.3 the court shall reject the application if the person convicted was duly summoned, but failed to appear at the main hearing without excuse.art. 369 procedure 1 if it is probable that the requirements for a re-assessment will be fulfilled, the director of proceedings shall fix a new main hearing. at this hearing, the court shall decide on the application for re-assessment and shall if applicable reach a new judgment.2 the appeal courts shall suspend any appellate proceedings raised by other parties.3 the director of proceedings shall decide before the main hearing on granting suspensive effect and on preventive detention.4 if the convicted person again fails to appear for the main hearing, the judgment in absentia shall remain valid.5 the application for re-assessment may be withdrawn at any time prior to the conclusion of the party hearing subject to the payment of costs and damages.art. 370 new judgment 1 the court shall issue a new judgment, which is subject to the customary rights of appeal.2 when the new judgment becomes legally binding, the judgment in absentia, and appeal against the same and decisions already taken in the appellate proceedings become void.art. 371 relationship to an appeal 1 within the applicable time limit, a person convicted may file an appeal against the judgment in absentia in addition to or instead of the application for re-assessment. the person convicted must be notified of this possibility in accordance with article 368 paragraph 1.2 an appeal shall only be considered if the application for re-assessment has been rejected.chapter 5 separate measures procedures section 1 good behaviour bond order art. 372 requirements and jurisdiction 1 if it is not competent to order a good behaviour bond in terms of article 66 scc164 in the course of the criminal proceedings against the accused, separate proceedings shall be held.2 if the accused is in detention due to a risk that he or she will commit a threatened felony or misdemeanour or that he or she will commit that felony or misdemeanour again, a good behaviour bond order is not competent.3 the application to begin separate proceedings must be submitted to the public prosecutor in the place where the threat was made or the intention was expressed to commit the offence again.164 sr 311.0art. 373 procedure 1 the public prosecutor shall question the persons involved and then pass the files to the compulsory measures court. the court shall order the measures mentioned in article 66 scc165. the person concerned may file an objection against an order of detention with the objections authority.2 the person threatened has the same rights as a private claimant. he or she may where this is justified be required to lodge security for the costs of the proceedings and for damages.3 the person alleged to have made the threat has the rights of an accused.4 where money bail in accordance with article 66 paragraph 3 scc is forfeited to the state, a ruling thereon shall be issued in application of article 240.5 if a person threatens immediate danger, the public prosecutor may place this person provisionally in detention or take other protective measures. the public prosecutor shall bring the person immediately before the competent compulsory measures court; this court shall decide on whether to order detention.165 sr 311.0section 2 procedure where the accused is not legally responsible due to a mental disorder art. 374 requirements and procedure 1 if an accused is not legally responsible due to a mental disorder and if the application of article 19 paragraph 4 or 263 scc166 is not an option, the public prosecutor shall make a written application to the court of first instance for a measure in accordance with articles 59-61, 63, 64, 67 or 67b or 67e scc, without abandoning the proceedings beforehand due to the accused not being legally responsible due to a mental disorder.1672 the court of first instance may in consideration of the accused's state of health or to protect the accused's privacy:a. conduct the proceedings in the absence of the accused;b. exclude the public from the proceedings.3 it shall give any private claimant the opportunity to comment on the application made by the public prosecutor and on his or her civil claim.4 the provisions on the main proceedings at first instance otherwise apply.166 sr 311.0167 amended by annex no 1 of the fa of 13 dec. 2013 on activity prohibition orders and contact prohibition and exclusion orders, in force since 1 jan. 2015 (as 2014 2055; bbl 2012 8819).art. 375 decision 1 the court shall order the measures requested or other measures if it is satisfied that the accused committed the act but is not legally responsible due to a mental disorder and that measure is required. it shall decide on any civil claims at the same time.2 the order in respect of the measure and the decision on the civil claims are issued in a judgment.3 if the court is satisfied that the accused has the mental capacity to be legally responsible or that he or she committed the offences while lacking such mental capacity, it shall reject the application made by the public prosecutor. when this decision becomes legally binding, the preliminary proceedings against the accused shall be continued.section 3 separate forfeiture proceedings art. 376 requirements separate forfeiture proceedings are conducted if a decision must be made on the forfeiture of property or assets outside of criminal proceedings.art. 377 procedure 1 property or assets that will probably be forfeited in separate proceedings shall be seized.2 if the requirements for forfeiture are fulfilled the public prosecutor shall order their forfeiture in a forfeiture order; it shall give the person concerned the opportunity to respond.3 if the requirements are not fulfilled, it shall order the abandonment of the proceedings and return the property or assets to the entitled person.4 the rejection procedure is governed by the provisions on summary penalty orders. any decision made by the court shall be issued in the form of a decree or ruling.art. 378 use for the benefit of the person suffering harm the public prosecutor or the court shall also decide on the applications made by the person suffering harm for the forfeited property or assets to be used for his or her benefit. article 267 paragraphs 3-6 applies mutatis mutandis.title 9 appellate remedies chapter 1 general provisions art. 379 applicable regulations appellate proceedings are governed mutatis mutandis by the general provisions of this code, unless this title provides otherwise.art. 380 final or non-contestable decisions where this code provides that a decision is final or non-contestable, there is no appellate remedy in respect of that decision under this code.art. 381 rights of the public prosecutor 1 the public prosecutor may seek an appellate remedy for the benefit or to the detriment of an accused or a person convicted.2 if the confederation or cantons provide for a chief prosecutor or an attorney general, they shall specify which public prosecutor is entitled to seek an appellate remedy.3 they shall specify which authorities may seek an appellate remedy in contravention proceedings.4 the office of the attorney general of switzerland may seek an appellate remedy in respect of cantonal decisions if:a. federal law provides that it or another federal authority must be notified of the decision;b. it has referred the criminal case to the cantonal authorities for investigation and adjudication.art. 382 rights of other parties 1 any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.2 a private claimant may not contest a decision on a sanction that has been imposed.3 in the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of article 110 paragraph 1 scc168 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.168 sr 311.0art. 383 payment of security 1 the director of appellate proceedings may require the private claimant to lodge security within of a time limit to cover any costs and damages. article 136 remains reserved.2 if the security is not paid in time, the appellate authority shall not consider the appellate remedy.art. 384 commencement of the period for requesting the appellate remedy the period for requesting an appellate remedy begins:a. in the case of a judgment: with the handover or service of the conclusions;b. in the case of other decisions: with the service of the decision;c. in the case of a procedural act not subject to written notice: when the recipient is informed of it.art. 385 statement of the grounds and form 1 if this code requires that the appellate remedy be accompanied by a statement of the grounds, the person or the authority seeking the appellate remedy must indicate precisely:a. which points of the decision are contested;b. what grounds there are for reaching a different decision;c. what evidence they wish to adduce in support of the appellate remedy.2 if the submission fails to satisfy these requirements, the appellate authority shall return the same and fix a short additional period within which it may be amended. if the submission still fails to satisfy the requirements after this additional period, the appellate authority shall not consider the appellate remedy.3 the incorrect designation of an appellate remedy does not adversely affect its validity.art. 386 waiver and withdrawal 1 any person with a right to seek an appellate remedy may waive this right by making a written or oral declaration to the authority issuing the decision on receiving notice of the contestable decision.2 any person who has requested an appellate remedy may withdraw the same:a. in oral proceedings: before the conclusion of the party hearings;b. in written proceedings: before the conclusion of the exchange of submissions and any amendments to the evidence or files.3 waiver and withdrawal are final unless the party has been induced to make his or her declaration by deception, an offence or incorrect official information.art. 387 suspensive effect appellate remedies have no suspensive effect, subject to any provisions of this code that provide otherwise or orders issued by the director of appellate proceedings.art. 388 procedural and preliminary measures the director of appellate proceedings shall take the required procedural and preliminary measures that cannot be delayed. they may in particular:a. instruct the public prosecutor to take evidence where this cannot be delayed;b. order detention;c. appoint a duty defence lawyer.art. 389 additional evidence 1 the appellate proceedings are based on the evidence that was taken in the preliminary proceedings and in the main proceedings before the court of first instance.2 evidence taken by the court of first instance shall only be taken again if:a. rules on evidence have been infringed;b. the evidence taken was incomplete;c. the files on the evidence taken appear to be unreliable.3 the appellate authority shall take the required additional evidence ex officio or at the request of a party.art. 390 written procedure 1 any person who wishes to request an appellate remedy for which this code stipulates a written procedure must file the relevant petition.2 if the appellate remedy is not obviously inadmissible or unjustified, the director of proceedings shall send the petition to the other parties and the lower court to obtain their response. if the petition cannot be sent to a party or if a party fails to respond, the proceedings shall nevertheless be continued.3 the appellate authority shall if necessary order a second exchange of written submissions.4 it shall make its decision by way of circulation or by deliberating in camera based on the files and any additional evidence taken.5 it may order a hearing ex officio at the request of a party.art. 391 decision 1 in making its decision, the appellate authority is not bound by:a. the grounds put forward by the parties;b. the applications made by the parties unless it is considering civil claims.2 it may not amend decisions to the prejudice of an accused or person convicted if the appeal was filed solely for that person's benefit. however, it may impose a more severe penalty where facts have come to light that the court of first instance could not have known.3 it may not amend decisions on civil matters to the prejudice of a private claimant if this is the only person to request an appellate remedy.art. 392 extending the application of successful appellate remedies 1 where only certain individual suspects or person convicted in the same proceedings have requested an appellate remedy and if this appellate remedy is granted, the contested decision shall also be quashed or amended in favour of the persons who did not request an appellate remedy if:a. the appellate authority assessed the facts of the case differently; andb. their considerations area also relevant to the other parties.2 before making their decision, the appellate authority shall if necessary hear the accused or person convicted who have not requested an appellate remedy, the public prosecutor and the private claimant.chapter 2 objections art. 393 admissibility and grounds 1 an objection is admissible against:a. the rulings and the procedural acts of the police, public prosecutor and authorities responsible for prosecuting contraventions;b. the rulings, decrees and procedural acts of courts of first instance, with the exception of procedural decisions;c. the decisions of the compulsory measures court in the cases provided for by this code.2 an objection may contest:a. an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;b. an incomplete or incorrect assessment of the circumstances of the case;c. a decision that is inequitable.art. 394 inadmissibility of the objection an objection is not permitted:a. if an appeal is admissible;b. against the rejection of requests for further evidence to be taken by the public prosecutor or the authority responsible for prosecuting contraventions, if the application may be filed again before the court of first instance without legal disadvantage.art. 395 collegial court as objections authority if the objections authority is a collegial court, the director of proceedings shall decide on the objection alone if it has the following subject matter:a. contraventions only;b. the financial consequences of a decision where the amount in dispute is no more than 5000 francs.art. 396 form and time limit 1 an objection against decisions issued in writing or orally must be filed within 10 days in writing and with a statement of grounds with the objections authority.2 there is no time limit for filing an objection alleging a denial of justice or unjustified delay.art. 397 procedure and decision 1 an objection shall be dealt with by written proceedings.2 if the authority upholds the objection, it shall make a new decision or quash the contested decision and refer the case back to the lower court for a new decision.3 if it upholds an objection to a ruling abandoning proceedings, it may issue instructions to the public prosecutor or the authority responsible for prosecuting contraventions on the continuation of the proceedings.4 if it holds that there has been a denial of justice or unjustified delay, it may issue instructions to the authority concerned and set time limits for its compliance.chapter 3 appeals section 1 general provisions art. 398 admissibility and grounds 1 an appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.2 the court of appeal may review the judgment comprehensively on all contested points.3 an appeal may contest:a. an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;b. an incomplete or incorrect assessment of the circumstances of the case;c. a decision that is inequitable.4 where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. new averments and evidence may not be raised.5 if the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.art. 399 notice of intention to appeal and appeal petition 1 notice of intention to appeal must be given in writing or orally to the court of first instance within 10 days of the issuing of the judgment.2 when it has drawn up the written judgment stating the grounds, the court of first instance shall transmit the notice together with the files to the court of appeal.3 the party that has given notice of intention to appeal shall file a written appeal petition with the court of appeal within 20 days of receiving the written judgment stating the grounds. in the petition, he or she must indicate:a. whether he or she is contesting the judgment in its entirety or only in part;b. which changes to the judgment issued by the court of first instance judgment it is requesting; andc. what requests for further evidence to be taken it is making.4 if a person is only contesting part of the judgment, he or she must indicate in the appeal petition which of the following parts the appeal is limited to:a. the verdict, and which verdict if there is more than one offence;b. the sentence imposed;c. the measures ordered;d. the civil claim or individual civil claims;e. the incidental effects of the judgment;f. the award of costs, damages or satisfaction;g. the subsequent judicial decisions.art. 400 preliminary examination 1 if it is not clear from the appeal petition whether the first instance judgment is being contested in its entirety or only in part, the director of appeal proceedings shall request the party to clarify the petition and set a time limit for that purpose.2 the director of proceedings shall send a copy of the appeal petition to the other parties immediately.3 within 20 days of receipt of the appeal petition, the other parties may:a. make a written application for the dismissal of the appeal without considering its substance; the application contain with a statement of the grounds;b. declare their intention to file a cross-appeal.art. 401 cross-appeal 1 cross-appeals are governed mutatis mutandis by article 399 paragraphs 3 and 4.2 they are not limited to the scope of the main appeal, unless it relates solely to the civil aspect of the judgment.3 if the main appeal is withdrawn or dismissed without its substance being considered, the cross-appeal also lapses.art. 402 effect of the appeal an appeal has suspensive effect with regard to the matters contested.section 2 procedure art. 403 decision to consider the substance of the appeal 1 the court of appeal shall decide in written proceedings whether it should consider the substance of the appeal where the director of proceedings or a party claims:a. the notice of intention to appeal or appeal petition was filed too late or is inadmissible;b. the appeal is inadmissible under article 398;c. procedural requirements have not been fulfilled or there are procedural impediments.2 it shall give the parties opportunity to comment.3 if it decides not to consider the substance of the appeal, it shall give notice of its decision and the grounds therefor to the parties.4 the director of proceedings shall otherwise and without any further formalities make the required arrangements for conducting the appellate proceedings.art. 404 extent of consideration 1 the court of appeal shall consider only the contested points in the first instance judgment.2 it may also consider points not contested for the benefit of the accused in order to prevent an unlawful or unfair decision from being made.art. 405 oral procedure 1 the oral appeal hearing is governed by the provisions on the main hearing in the first instance.2 if the accused or the private claimant filed the appeal or cross-appeal, the director of proceedings shall summon him or her to the appeal hearing. in simple cases, he or she may, if requested, be granted dispensation not to attend and be permitted to submit and justify their applications in writing.3 the director of proceedings shall summon the public prosecutor to the hearing:a. in the cases mentioned in article 337 paragraphs 3 and 4;b. if the public prosecutor has filed the appeal or the cross-appeal.4 if the public prosecutor is not summoned, it may submit written applications and a written statement of the grounds or appear personally in court.art. 406 written procedure 1 the court of appeal may deal with the appeal in written proceedings if:a. its decision relates solely to legal issues;b. only the civil aspect is being contested;c. the subject matter of the judgment of the court of first instance is a contravention and the appeal does not request a conviction for a felony or misdemeanour;d. only an award of costs, damages or satisfaction is being contested;e. only measures under article 66-73 scc169 are being contested.2 with the consent the parties, the director of proceedings may also order written proceedings if:a. the presence the accused is not required;b. the appeal relates to the decision of a judge sitting alone.3 the director of proceedings shall fix a time limit within which the party filing the appeal must submit a written statement of the grounds.4 the subsequent proceedings are governed by article 390 paragraphs 2-4.169 sr 311.0art. 407 default by the parties 1 the appeal or cross-appeal is deemed to have been withdrawn if the party that has filed it:a. fails without excuse to attend or to arrange to be represented at the oral appeal hearing;b. fails to file any written submissions; orc. cannot be summoned.2 if the public prosecutor or the private claimant has filed an appeal against the verdict or the sentence and the accused fails without excuse to attend the hearing, so proceedings in absentia shall be held.3 if the private claimant has limited his or her appeal to the civil aspect and the accused fails without excuse to attend the hearing, the court of appeal shall decide as on the basis of the findings made in the main hearing before the court of first instance and the other files.section 3 appeal decision art. 408 new judgment if the court of appeal decides to consider the substance of the appeal, it shall issue a new judgment which replaces the first instance judgment.art. 409 quashing the judgment and remitting the case 1 if the proceedings in the first instance were so seriously flawed that they cannot be rectified by the appeal proceedings, the court of appeal shall quash the contested judgment and remit the case to the court of first instance so that it may conduct a new main hearing and issue a new judgment.2 the court of appeal shall decide which procedural acts must be repeated or carried out.3 the court of first instance is bound by the interpretation of law made by the court of appeal in the decree remitting the case and by the instruction issued in accordance with paragraph 2.chapter 4 review art. 410 admissibility of and grounds for a review 1 any person who is adversely affected by a legally binding final judgment, a summary penalty order, a subsequent judicial decision or a decision in separate proceedings on measures may request a review of the case if:a. new circumstances that arose before the decision or new evidence have come to light that are likely to lead to an acquittal, a considerably reduced or more severe penalty for the convicted person or the conviction of an acquitted person;b. the decision is irreconcilably contradictory to a subsequent criminal judgment relating to the same set of circumstances;c. it has been proven in other criminal proceedings that the result of proceedings was influenced by a criminal offence; a conviction is not required; if it is not possible to conduct criminal proceedings, proof may be adduced in another way.2 the review of a case due to a violation of the convention of 4 november 1950170 for the protection of human rights and fundamental freedoms (echr) may be requested if:a. the european court of human rights has held in a final judgment that the echr or its protocols have been violated;b. the consequences the violation cannot be compensated for by the payment of damages; andc. the review of a case is necessary in order to redress the violation.3 the review of a case for the benefit of the person convicted may also be requested after the case becomes time-barred.4 is the review of a case is limited to civil claims, it shall be admissible only if the civil procedure law applicable at the place of jurisdiction would allow a review of a case.170 sr 0.101art. 411 form and time limit 1 applications for the review of a case must be submitted to the court of appeal in writing and include a statement of the grounds. the application must indicate and substantiate the grounds for the review.2 applications in terms of article 410 paragraph 1 letter b and 2 must be filed within 90 days of receiving notice of the decision concerned. in other cases, applications for the review of a case are not subject to a time limit.art. 412 preliminary examination and decision to consider the substance of the case 1 the court of appeal shall conduct a preliminary examination of the application for a review in written proceedings.2 if the application is clearly in admissible or unjustified or if an application on the same grounds has already been made and rejected, the court shall not consider the substance of the case.3 the court shall otherwise request the other parties and the lower court to comment in writing.4 it shall decide on the required additions to the evidence and files as well as on preliminary measures, unless this is the responsibility of the director of proceedings in accordance with article 388.art. 413 decision 1 if the court of appeal rejects the grounds for a review put forward, it shall dismiss the application for a review and cancel any preliminary measures.2 if the court of appeal accepts the grounds for a review put forward, it shall quash the contested decision in its entirety or in part and:a. remit the case to the authority that it designates for reconsideration and a new judgment; orb. make a new decision itself, provided the state of the files so permits.3 in the event that it remits the case, it shall decide on the extent to which the grounds for a review accepted nullify the legality and enforceability of the contested decision and at what stage the proceedings should be resumed.4 it may order the accused to be placed temporarily or to remain in preventive detention, if the relevant requirements are fulfilled.art. 414 new proceedings 1 if the court of appeal has remitted the case to the public prosecutor, the public prosecutor shall decide whether to raise a new prosecution, to issue a summary penalty order or to abandon the proceedings.2 if it has remitted the case to a court, the court shall take any additional evidence required and, following a main hearing, shall issue a new judgment.art. 415 consequences of the new decision 1 if the new decision imposes a higher sentence on the accused, the portion of the original sentence already served shall be taken into account.2 if the accused is acquitted or a more lenient sentence is imposed or if the proceedings are abandoned, any fines or monetary penalties that have been overpaid shall be refunded. claims made by the accused for damages or satisfaction are governed by article 436 paragraph 4.3 if a conviction is overturned and an acquittal imposed, the accused or, following his or her death, his or her next-of-kin may demand that the new decision be published.title 10 procedural costs, damages and satisfaction chapter 1 general provisions art. 416 scope of application the provisions of this title apply to all procedures under this code.art. 417 liability to pay costs for procedural default in the event of failure to comply with procedural requirements or any other form of procedural default, the criminal justice authority may require the party responsible for the default to pay procedural costs and damages regardless of the outcome of the proceedings.art. 418 participation of more than one person and liability of third parties 1 if more than one person is liable to pay costs, the costs shall be imposed proportionately.2 where two or more persons are jointly responsible for costs being incurred, the criminal justice authority may order that persons concerned are jointly and severally liable to pay the costs.3 it may require third parties in accordance with the civil law principles of liability to bear the costs jointly and severally with the accused.art. 419 liability to pay costs of persons not legally responsible due to a mental disorder if the proceedings are abandoned or result in an acquittal because the accused is not legally responsible due to a mental disorder, the costs may be imposed on the accused if this appears reasonable in all the circumstances.art. 420 legal action the confederation or the canton may take legal action against persons who wilfully or through gross negligence lead it to incur costs by:a. causing proceedings to be instituted;b. make the proceedings considerably more complicated;c. bringing about a decision that is overturned in review proceedings.art. 421 decision on costs 1 the criminal justice authority shall decide who is to bear any costs in the final judgment.2 it may make an advance decision in:a. interim decisions;b. decisions on the partial abandonment of the proceedings;c. decisions on appeals against interim and abandonment decisions.chapter 2 procedural costs art. 422 definition 1 the procedural costs comprise the charges that cover fees and outlays in a specific criminal case.2 outlays are in particular:a. the cost of the duty defence lawyer and legal aid representative;b. the cost of translations;c. the cost of expert reports;d. the cost incurred by involving other authorities;e. postage, telephone and similar expenses.art. 423 principles 1 the procedural costs shall be borne by the confederation or the canton that conducts the proceedings, unless otherwise provided in this code.2 and 3 .171171 repealed by annex no ii 7 of the criminal justice authorities act of 19 march 2010, with effect from 1 jan. 2011 (as 2010 3267; bbl 2008 8125).art. 424 calculation and fees 1 the confederation and the cantons shall issue regulations on the calculation of procedural costs and shall stipulate the fees.2 they may stipulate flat-rate fees for simple cases that also cover the outlays.art. 425 deferment and remission the criminal justice authority may defer its claim to procedural costs or, taking account of the financial circumstances of the person liable to pay, reduce or remit the sum due.art. 426 liability to pay costs of the accused and parties to separate measures proceedings 1 the accused shall bear the procedural costs if he or she is convicted. exempted therefrom are the costs of the duty defence lawyer; article 135 paragraph 4 is reserved.2 if the proceedings are abandoned or the accused acquitted, all or part of the procedural costs may be imposed on the accused if he or she has unlawfully or culpably caused the proceedings to be initiated or has obstructed their conduct.3 the accused shall not bear the procedural costs that:a. the confederation or the canton has incurred through unnecessary or flawed procedural acts;b. are incurred for translations that were necessary because the accused speaks a foreign language.4 the accused shall bear the costs of the private claimant's legal aid representative only if he or she has the financial means to do so.5 the provisions of this article apply mutatis mutandis to parties to separate measures procedures if they are unsuccessful.art. 427 liability to pay costs of the private claimant and the complainant 1 the private claimant may be ordered to pay procedural costs incurred as a result of his or her applications on civil matters if:a. the proceedings are abandoned or the accused is acquitted;b. the private claimant withdraws the civil claim before the conclusion of the main hearing before the court of first instance;c. the civil proceedings are dismissed or remitted to the civil courts.2 in the case of offences prosecuted only on complaint, procedural costs may be imposed on the complainant where he or she has wilfully or through gross negligence brought about the proceedings or has obstructed their conduct, or on the private claimant where:a. the proceedings are abandoned or the accused is acquitted; andb. the accused is not liable to pay costs in terms of article 426 paragraph 2.3 if the complainant withdraws the criminal complaint as part of a settlement arranged by the public prosecutor, the confederation or the canton shall normally bear the procedural costs.4 an agreement between the complainant and the accused on who is to bear the costs in the event that the criminal complaint is withdrawn requires the approval of the authority that orders the case to be abandoned. the agreement may not prejudice the confederation or the canton.art. 428 allocation of costs in appellate proceedings 1 the costs of the appellate proceedings are borne by the parties according to whether they are successful or not. an appellant is also regarded as unsuccessful if the appeal is dismissed without its substance being considered or if the appeal is withdrawn.2 where an appellant secures a more favourable decision, he or she may be ordered to pay costs if:a. the appeal is successful due to circumstances that became apparent for the first time in the appellate proceedings; orb. only minor changes are made to the contested decision.3 if the appellate authority itself issues a new decision, it shall also review the ruling on costs issued by the lower court.4 if it quashes a decision and remits the case to the lower for a new decision, the confederation or the canton shall bear the costs of the appellate proceedings, if the appellate authority so decides, those of the lower court.5 if an application for a review is approved, the criminal justice authority that must subsequently deal with the case shall decide at its discretion on the costs of the first proceedings.chapter 3 damages and satisfaction section 1 accused art. 429 claims 1 if the accused is wholly or partly acquitted or if the proceedings against the accused are abandoned, he or she is entitled to:a. damages for his or her expenditure incurred in the appropriate exercise of their procedural rights;b. damages for the financial losses that he or she incurs due to the required participation in the criminal proceedings;c. satisfaction for particularly serious violations of his or her personal circumstances, in particular due to deprivation of liberty.2 the criminal justice authority shall examine the claim ex officio. it may require the accused to quantify and substantiate the claim.art. 430 reduction or refusal of damages or satisfaction 1 the criminal justice authority may reduce the damages or satisfaction or refuse to pay if:a. the accused has unlawfully and culpably brought about the proceedings or has obstructed their conduct;b. the private claimant is required to pay damages to the accused; orc. the accused's expenditure is negligible.2 in the appellate proceedings, damages and satisfaction may be further reduced if the requirements of article 428 paragraph 2 are fulfilled.art. 431 unlawfully applied compulsory measures 1 if compulsory measures have been applied to the accused unlawfully, the criminal justice authority shall award the accused appropriate damages and satisfaction.2 there is a right to damages and satisfaction in relation to remand and preventive detention if the permitted period of detention is exceeded is and the excessive deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences.3 the right under paragraph 2 ceases to apply if the accused:a. is sentenced to a monetary penalty, community service or a fine and the equivalent alternative custodial sentence would not be substantially shorter than the time spent on remand or in preventive detention;b. receives a suspended custodial sentence the length of which exceeds the time spent on remand or in preventive detention.art. 432 rights in relation to the private claimant and the complainant 1 the accused, if acquitted, is entitled to appropriate damages from the private claimant in respect of expenditure incurred in relation to the civil claim.2 if the accused is acquitted of an offence prosecuted only on complaint, the complainant may be required to compensate the accused for expenditure incurred in the proper exercise of his or her procedural rights, provided the complainant has brought about the proceedings wilfully or through gross negligence or has obstructed their conduct.section 2 private claimant and third parties art. 433 private claimant 1 the private claimant is entitled to appropriate damages from the accused for costs incurred in the proceedings if:a. the claim is successful; orb. the accused is liable to pay costs in terms of article 426 paragraph 2.2 the private claimant must submit his or her damages claim to the criminal justice authority, and quantity and substantiate the same. if he or she fails to fulfil this obligation, the criminal justice authority shall not consider the claimart. 434 third parties 1 third parties have the right to appropriate damages for losses that are not otherwise covered and to satisfaction if they have incurred losses as a result of procedural acts or in providing support to the criminal justice authorities. article 433 paragraph 2 applies mutatis mutandis.2 a decision shall be made on the claims in the final judgment. in clear cases, the public prosecutor may issue a decision in the preliminary proceedings.section 3 special provisions art. 435 time limits claims for damages and satisfaction against the confederation or the canton must be filed within 10 years of the date on which the decision becomes legally binding.art. 436 damages and satisfaction in appellate proceedings 1 claims for damages and satisfaction in appellate proceedings are governed by articles 429-434.2 where the accused is neither fully nor partly acquitted and the proceedings are not abandoned but the accused is successful on other points, he or she is entitled to appropriate damages for his or her expenditure.3 if the appellate authority quashes a decision in accordance with article 409, the parties are entitled to appropriate damages for their expenditure in the appellate proceedings and that part of the proceedings before the court of first instance that related to the quashed decision.4 an accused who is acquitted or receives a reduced sentence following a review of the case is entitled to appropriate damages for his or her expenditure in the review proceedings. he or she is also entitled to satisfaction and damages for time spent in custody, provided this deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences.title 11 legal effect and execution of decisions in criminal proceedings chapter 1 legal effect art. 437 entry into force 1 judgments and other decisions concluding proceedings against which an appellate remedy may be requested under this code become legally binding when:a. the period for requested appellate remedy has expired and no request has been made;b. the entitled person declares that he or she is waiving his or her right to an appellate remedy or withdrawing an appellate remedy already requested;c. the appellate authority decides not to consider the substance of the appellate remedy or to reject it.2 the decision becomes legally binding with retrospective effect from the day on which the decision was issued.3 decisions that are not subject to the right to an appellate remedy under this code become legally binding on being issued.art. 438 notification of legal effect 1 the criminal justice authority that has issued a decision shall note the date on which it becomes legally binding in the files or in the judgment.2 if the parties have been notified that an appellate remedy has been requested, they shall also be notified of the date on which the judgment becomes legally binding.3 if there is a dispute over whether or when a decision has become legally binding, the authority that has issued the decision shall rule on the matter.4 an objection may be filed against the ruling on the legally binding effect of the decision.chapter 2 enforcement of decisions in criminal proceedings art. 439 execution of sentences and measures 1 the confederation and the cantons shall determine the authorities responsible for the execution of sentences and measures as well as the relevant procedure; special regulations in this code and in the scc172 are reserved.2 the executive authority shall issue an execution order.3 legally-binding custodial sentences and custodial measures must be executed immediately:a. if there is a risk of absconding;b. if there is a serious risk to the public; orc. if there is no guarantee that the purpose of the measure will otherwise be fulfilled.4 in order to implement the execution order, the executive authority may arrest the person convicted, issue a warrant for his or her arrest or request his or her extradition.172 sr 311.0art. 440 preventive detention 1 in cases of urgency, the executive authority may place the person convicted in preventive detention to ensure of that the sentence or the measure is executed.2 it shall submit the case within 5 days of the person's detention:a. to the court that imposed the sentence or measure that is to be executed;b. in the case of summary penalty orders, to the compulsory measures court at the place where the public prosecutor issued the summary penalty order.3 the court shall make a final decision on whether the person convicted remains in detention until the commencement of the sentence or measure.art. 441 time limit for enforcement 1 sentences that are time-barred may not be enforced.2 the executive authority shall verify ex officio whether the sentence is time barred.3 the person convicted may contest the planned execution of a time-barred sentence or measure before the objections authority of the canton of execution. this authority shall also decide on whether the appeal has suspensive effect.4 if the person convicted is made to serve a time-barred custodial sanction, he or she shall be entitled to damages and satisfaction in analogous application of article 431.art. 442 enforcement of decisions on procedural costs and other financial payments 1 procedural costs, monetary penalties, fines and other financial payments to be made in connection with criminal proceedings shall be collected in accordance with the provisions of the deba173.2 claims in respect of procedural costs must be filed within 10 years of the date on which the decision on costs becomes legally binding. default interest amounts to 5 per cent.3 the confederation and the cantons shall determine the authorities that collect financial payments.4 the criminal justice authorities may set off their claims in respect of procedural costs against the claims to damages of the party liable to pay arising from the same criminal proceedings and against seized assets.173 sr 281.1art. 443 enforcement of criminal judgments on civil matters insofar as the judgment relates to civil claims, it shall be enforced in accordance with the civil procedure law applicable at the place of execution and the deba174.174 sr 281.1art. 444 official notices the confederation and the cantons shall determine the authorities that must issue official notices.title 12 final provisions chapter 1 implementing provisions art. 445 the federal council and, insofar as they are responsible, the cantons shall issue the provisions required to implement this code.chapter 2 amendment of legislation art. 446 repeal and amendment of current legislation 1 the repeal and the amendment of current legislation are regulated in annex 1.2 the federal assembly may amend by ordinance provisions of federal acts that are contradictory to this code but which have not been formally amended herein.art. 447 coordination provisions the coordination of provisions of other enactments with this code is regulated in annex 2.chapter 3 transitional provisions section 1 general procedural provisions art. 448 applicable law 1 proceedings that are pending when this code comes into force shall be continued in accordance with the new law unless the following provisions provide otherwise.2 procedural acts that were ordered or carried out before this code came into force shall remain valid.art. 449 jurisdiction 1 proceedings that are pending when this code comes into force shall be continued by the competent authorities under the new law unless the following provisions provide otherwise.2 conflicts on jurisdiction between authorities of the same canton shall be decided by the objections authority of the canton concerned and conflicts between the authorities of different cantons or between cantonal and federal authorities shall be decided by the federal criminal court.section 2 main proceedings of first instance and special proceedings art. 450 main proceedings of first instance if the main hearing has already begun when this code comes into force, it shall be continued in accordance with the previous law in the previously competent court of first instance.art. 451 separate subsequent court decisions after this code comes into force, separate subsequent court decisions shall be made by the criminal justice authority that would have been responsible for the first instance judgment under this code.art. 452 proceedings in absentia 1 applications for re-assessment following a judgment in absentia that are pending when this code comes into force shall be considered in accordance with the previous law.2 applications for re-assessment following a judgment in absentia under the previous law that are made after this code comes into force shall be considered in accordance with the law that is more favourable to the applicant.3 the new law applies to the re-assessment. the court that would have been responsible for the judgment in absentia in accordance with this code has jurisdiction.section 3 appellate proceedings art. 453 decisions made before this code comes into force 1 if a decision was made before this code comes into force, an appellate remedy against it shall be judged in accordance with the previous law by the authorities competent under the previous law.2 if proceedings are remitted by the appellate authority or the federal supreme court for re-assessment, the new law applies. the re-assessment shall be carried out by the authority that would have been responsible for the quashed decision in accordance with this code.art. 454 decision made after this code comes into force 1 appellate remedies against first instance decisions that are made after this code comes into force are governed by the new law.2 appellate remedies against first instance decisions of higher courts that are made in accordance with the previous law after this code comes into force are governed by the previous law.section 4 rejections of summary penalty orders; private prosecutions art. 455 rejections of summary penalty orders rejections of summary penalty orders are governed by article 453 mutatis mutandis.art. 456 private prosecutions private prosecutions under the previous cantonal law that are pending before a court of first instance when this code comes into force shall be continued to the conclusion of first instance proceedings in accordance with the previous law by the court that was competent under the previous law.section 5175 transitional provision to the amendment of 28 september 2012 175 inserted by no i 2 of the fa of 28 sept. 2012 (transcription regulations), in force since 1 may 2013 (as 2013 851; bbl 2012 5707 5719).art. 456a in proceedings that are pending when the amendment of 28 september 2012 to this code comes into force, the new law applies to examination hearings from the date on which the amendment comes into force.chapter 4 referendum and commencement art. 457 1 this code is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 2011176176 fcd of 31 march 2010.annex 1 (art. 446 para. 1)repeal and amendment of current legislation ithe following federal acts are repealed:1. federal act of 15 june 1934177 on the administration of federal criminal justice;2. federal act of 20 june 2003178 on covert investigations.iithe federal acts below are amended as follows:.179177 [bs 3 303; as 1971 777 no iii 4, 1974 1857 annex no 2, 1978 688 art. 88 no 4, 1979 1170, 1992 288 annex no 15 2465 annex no 2, 1993 1993, 1997 2465 annex no 7, 2000 505 no i 3 2719 no ii 3 2725 no ii, 2001 118 no i 3 3071 no ii 1 3096 annex no 2 3308, 2003 2133 annex no 9, 2004 1633 no i 4, 2005 5685 annex no 19, 2006 1205 annex no 10, 2007 6087, 2008 1607 annex no 1 4989 annex 1 no 6 5463 annex no 3, 2009 6605 annex no ii 3]178 [as 2004 1409, 2006 2197 annex no 29, 2007 5437 annex no ii 6, 2006 5437 art. 2 no 2. as 2010 1881 annex 1 no i 2]179 the amendments may be consulted under as 2010 1881.annex 2 (art. 447)coordination provisions 1. coordination of article 305 paragraph 2 letter b of the criminal procedure code with the new victim support act180 180 the new vsa came into force on 1 jan. 2009.irrespective of whether the new victim support act of 23 march 2007181 (new vsa) comes into force before or after the criminal procedure code of 5 october 2007 (cpc), on commencement of whichever comes into force later or if both come into force at the same time, article 305 paragraph 2 letter b cpc shall be amended as follows:.181 sr 312.52. coordination of number 9 of annex 1 with the new victim support act irrespective of whether the new vsa comes into force before or after the cpc, on commencement of whichever comes into force later or if both come into force at the same time number 9 of annex 1 of the cpc shall cease to have effect and the new vsa shall be amended in accordance with number 10 of annex 1 of the cpc.3. coordination of the military criminal procedure code of 23 march 1979182 (annex 1 number 12) with the new vsa 182 sr 322.1irrespective of whether the new vsa comes into force before or after the cpc, on commencement of whichever comes into force later or if both come into force at the same time articles 84a, 104 paragraph 3 and 118 paragraph 2 shall be amended by number 12 of the annex 1 the cpc as follows:.4. coordination of article 269 paragraph 2 letter a with the federal decree of 18 december 2015 on the adoption and implementation of the international convention for the protection of all persons from enforced disappearance irrespective of whether the present amendment to the criminal procedure code or the amendment of 18 december 2015183 comes into force first, on commencement of whichever comes into force later or if both come into force at the same time, the following provision shall be worded as follows:.183 as 2016 4687

351.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on international mutual assistance in criminal matters(mutual assistance act, imac)of 20 march 1981 (status as of 1 july 2021)the federal assembly of the swiss confederation,based on articles 54 paragraph 1, 123 paragraph 1 and 173 paragraph 2 of the federal constitution1,2 and having considered the dispatch of the federal council of 8 march 19763,decrees:1 sr 1012 amended by no i of the fa of 18 dec. 2020, in force since 1 june 2021 (as 2021 233; bbl 2019 7413). 3 bbl 1976 ii 444part one general provisions chapter 1 scope of application section 1 subject and limits of cooperation art. 1 subject matter 1 unless other federal acts or international agreements provide otherwise, this act shall govern all procedures of international cooperation in criminal matters, and in particular:4a. the extradition of persons who are the subject of criminal prosecution or have been convicted (part two);b. assistance aimed at supporting criminal proceedings abroad (part three);c. the transfer of proceedings and punishment of offences (part four);d. the execution of foreign criminal judgments (part five).2 .53 this act applies only to criminal matters in which recourse to the courts is permitted under the law of the requesting state.3bis unless other legislation or international agreements provide otherwise, this act applies by analogy to proceedings for cooperation in criminal matters with international courts or other inter- or supranational bodies with criminal justice functions if the proceedings relate to:a. offences under the twelfth titlebis, twelfth titleter or twelfth titlequater of the swiss criminal code6; orb. offences under other provisions of the criminal law and the court or the body concerned is established by a resolution of the united nations that is binding on or supported by switzerland.73ter the federal council may also stipulate in an ordinance that this act applies by analogy to procedures for cooperation on criminal matters with other international courts or other inter- or supranational bodies with criminal justice functions if:a. the court or body is established on the basis of legal provisions that clearly define the powers of court or body in terms of criminal law and criminal procedure;b. the procedure before the court or body guarantees compliance with the principles of the rule of law; andc. cooperation serves to safeguard switzerland's interests.84 this act confers no right to cooperation in criminal matters.94 amended by art. 59 no 1 of the fa of 22 june 2001 on cooperation with the international criminal court, in force since 1 july 2002 (as 2002 1493; bbl 2001 391).5 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).6 sr 311.07 inserted by no i of the fa of 18 dec. 2020, in force since 1 june 2021 (as 2021 233; bbl 2019 7413).8 inserted by no i of the fa of 18 dec. 2020, in force since 1 june 2021 (as 2021 233; bbl 2019 7413).9 amended by no i of the fa of 18 dec. 2020, in force since 1 june 2021 (as 2021 233; bbl 2019 7413).art. 1a10 limitation of cooperation in the application of this act, swiss sovereignty, security, public order or similar essential interests must be taken into account.10 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).section 2 inadmissibility of requests art. 2 foreign proceedings11 a request for cooperation in criminal matters shall not be granted if there are reasons to believe that the foreign proceedings:a.12 do not meet the procedural requirements of the european convention for the protection of human rights and fundamental freedoms of 4 november 195013, or the international covenant on civil and political rights of 16 december 196614;b.15 are being conducted so as to prosecute or punish a person on account of his political opinions, his belonging to a certain social group, his race, religion, or nationality;c. could result in aggravating the situation of the defendant for any of the reasons mentioned under letter b; or d. have other serious defects.11 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).12 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).13 sr 0.10114 sr 0.103.215 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 3 nature of the offence 1 a request shall not be granted if the subject of the proceedings is an act which, in the swiss view, is of a predominantly political nature, constitutes a violation of the obligation to perform military or similar service, or appears to be directed against the national security or military defence of the requesting state.2 the plea that an act is of a political nature shall not be taken into account under any circumstances:a. in cases of genocide;b. in cases of crimes against humanity;c. in cases of war crimes; ord. if the act appears particularly reprehensible because the offender, for the purpose of extortion or duress, has endangered or threatened to endanger the life or limb of persons, especially by hijacking aircraft, using means of mass extermination, causing a catastrophe or taking hostages.163 a request shall not be granted if the subject of the proceedings is an offence which appears to be aimed at reducing fiscal duties or taxes or which violates regulations on currency, trade or economic measures. however, a request may be granted: a. for mutual assistance under part three of this act if duty or tax fraud is the subject of the proceedings;b. under any part of this act if aggravated duty or tax fraud as defined in article 14 paragraph 4 of the federal act of 22 march 197417 on administrative criminal law is the subject of the proceedings.1816 amended by no i 4 of the fa of 18 june 2010 on the amendment of the federal legislation in implementation of the rome statute of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).17 sr 313.018 second paragraph amended by no i 3 of the fa of 3 oct. 2008 on the implementation of the revised recommendations of the financial action task force, in force since 1 feb. 2009 (as 2009 361 367; bbl 2007 6269)art. 4 minor cases19 a request shall be rejected if the importance of the offence does not justify conducting proceedings.19 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 5 extinction of the right to prosecute 1 a request shall not be granted if:20 a.21 in switzerland or in the state where the offence was committed, the court1. has acquitted the defendant or abandoned the proceedings for material reasons, or2. has permanently or provisionally dispensed with imposing a sentence;b.22 the sentence was executed or cannot be executed under the laws of the state where sentence was passed;c.23 its execution requires compulsory measures and the prosecution or execution of the sentence was absolutely time barred under swiss law.2 paragraph 1 letters a and b do not apply if the requesting state claims that there are grounds for a review of the final sentence within the meaning of article 410 of the criminal procedure code of 5 october 200724 (crimpc).2520 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).21 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).22 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).23 the amendment in accordance with art. 97 ff. of the swiss criminal code (sr 311.0) contains a new system of time limits (as 2006 3459; bbl 1999 1979).24 sr 312.025 amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 6 concurrence of inadmissibility and admissibility of cooperation 1 if the act of which the defendant is accused constitutes an offence under two or more provisions of swiss criminal law, the request may be granted only in respect of those offences for which there are no reasons for inadmissibility and if there is a guarantee that the requesting state will respect the conditions imposed.2 cooperation shall not be permitted if the proceedings concern an act that constitutes an offence under two or more provisions of swiss or foreign criminal law and if, with regard to one of these offences, which covers the act in all its aspects, a request may not be granted.section 3 special provisions art. 7 swiss nationals 1 no swiss national may, without his written consent, be extradited or surrendered to a foreign state for prosecution or for the execution of a sentence. consent may be withdrawn up to the time when the surrender is ordered.2 paragraph 1 does not apply to transit or return of a swiss national who is temporarily surrendered by a third state to the swiss authorities.art. 8 reciprocity 1 as a rule, a request shall be granted only if the requesting state guarantees reciprocity. the federal office of justice26 of the federal department of justice and police (federal office) shall obtain a guarantee of reciprocity if this is considered necessary.2 reciprocity is in particular not required for the service of documents or if the execution of a request:a. seems advisable due to the type of offence or to the necessity of combating certain offences;b.27 is likely to improve the situation of the defendant or the prospects of his social rehabilitation; orc. serves to clarify an offence against a swiss national.3 the federal council may, within the scope of this act, provide other states with a guarantee of reciprocity.26 the designation of the administrative unit has been adapted according to art. 16 para. 3 of the o of 17 nov. 2004 on official publications (as 2004 4937).27 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 8a28 bilateral treaties the federal council may conclude bilateral agreements with foreign states regarding the transfer of sentenced persons provided those agreements respect the principles of the european convention of 21 march 198329 on the transfer of sentenced persons.28 inserted by no i of the fa of 21 june 2002, in force since 1 nov. 2002 (as 2002 3333; bbl 2001 4687)29 sr 0.343art. 9 protection of privacy in the execution of requests, protection of privacy shall be governed by the provisions on the right of witnesses to refuse to testify. articles 246-248 crimpc30 apply by analogy to the search and to the placing under seal of documents.3130 sr 312.031 second sentence amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 1032 32 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 11 legal definitions 1 a defendant under this act is any person under suspicion, subject to criminal proceedings or on whom a sentence has been imposed.332 a sentence is any penalty or other measure.33 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).chapter 1a34 personal data, file and process management system 34 inserted by annex 1 no 7 of the fa of 13 june 2008 on the federal police information systems, in force since 5 dec. 2008 (as 2008 4989; bbl 2006 5061). art. 11a 1 the federal office of justice shall run a personal data, file and process management system that may contain sensitive personal data obtained through forms of cooperation governed by this act. this data may be processed in order to:a. identify whether data on a particular person is being processed;b. process data on processes;c. organise work procedures rationally and efficiently;d. conduct a process check; e. compile statistics.2 in order to comply with the processing purposes mentioned in paragraph 1, the system shall contain:a. personal details of persons on whom data is being processed;b. data necessary for the localisation and proper administration of the dossier;c. documents on electronically stored processes and entries.3 the federal office of police and the state secretariat for migration35 and the units of the federal intelligence service responsible for the implementation of the federal act of 21 march 199736 on measures to safeguard internal security shall have online access to the data defined in paragraph 2 letter a.37 if the federal office of police carries out the tasks of the federal office of justice under this act, it shall also have online access to the data defined in paragraph 2 letter b.4 the federal council shall specify the details, and in particular:a. in the case of the recording of data in accordance with paragraph 2 letters a and b, data on the judicial authorities involved in the mutual assistance proceedings and data on the offences giving rise to the request for mutual assistance;b. the period of time that the data is kept and the archiving of the data;c. the agencies of the federal office that are authorised to process the data directly in the system and the data that in individual cases may be disclosed to other authorities.35 the name of this administrative unit was amended by art. 16 para. 2 of the publications o of 17 nov. 2004 (as 2004 4937), in force since 1 jan. 2015.36 sr 12037 amended by no i 4 of the o of 4 dec. 2009 on the amendment of legislation due to the establishment of the federal intelligence service, in force since 1 jan. 2010 (as 2009 6921).chapter 1b38 protection of personal data 38 inserted by no ii 4 of the fa of 28 sept. 2018 on the implementation of directive (eu) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 march 2019 (as 2019 625; bbl 2017 6941).art. 11b right to information in pending proceedings 1 where mutual assistance proceedings are pending, the person who is the object of a request for international cooperation in criminal matters shall be allowed access to the personal data related to them and the following information:a. the purpose of and legal basis for the data processing;b. the period that the personal data will be retained or, if this is not possible, the criteria for determining this period;c. the recipients or the categories of recipients;d. the available information on the origin of the personal data;e. the information that they require to be able to assert their rights.2 the competent authority may refuse to provide the information, limit the information provided or defer provision of the information if there are grounds for doing so under article 80b paragraph 2 or if:a. it is necessary because of overriding interests of third parties;b. it is necessary because of overriding public interests, in particular relating to the internal or external security of switzerland; orc. an enquiry, an investigation, court proceedings or international cooperation proceedings in criminal matters may be prejudiced by providing the person concerned with information.art. 11c restriction of the right to information in relation to requests for arrest for the purpose of extradition 1 any person may request information on whether switzerland has received a request from a foreign state to make an arrest for the purpose of extradition. this right may be asserted at the federal office. if the request is made to a different authority, that authority shall forward the request immediately to the federal office. 2 if a person requests information on whether the federal office has received a request to make an arrest for the purpose of extradition, the federal office shall notify the person that no data about them has been unlawfully processed and that the person can request the federal data protection and information commissioner (the commissioner) to enquire as to whether any data on them has been lawfully processed. 3 the commissioner shall conduct the enquiries; he shall notify the person concerned either that no data about them has been unlawfully processed or that he has opened an investigation under article 22 of the schengen data protection act of 28 september 201839 in the case of errors in the processing of personal data. 4 if the commissioner identifies errors in the data processing, he shall order the federal office to rectify the same.5 the notifications under paragraphs 2 and 3 shall always be worded in the same way and shall not mention the grounds. 6 the notification under paragraph 3 may not be contested. 7 in derogation from paragraph 2, the federal office is entitled to provide the person concerned with the requested information if the requesting state gives its advance consent.39 sr 235.3art. 11d right to have personal data corrected or deleted 1 the person who is the object of a request for international cooperation in criminal matters may request that the competent authority correct or delete the personal data relating to them that is being processed in contravention of this act.2 instead of deleting the personal data, the competent authority shall restrict the processing if:a. the data subject disputes the accuracy of the personal data but it cannot be established whether the data is correct or incorrect;b. overriding interests, in particular those set out in article 80b paragraph 2, so require; orc. deletion may prejudice proceedings on international cooperation in criminal matters or foreign proceedings giving rise to the request for cooperation in criminal matters.3 the competent authority shall immediately notify the authority that has transmitted, made available or disclosed the personal data about the measures taken in accordance with paragraph 1 or 2.4 the relevant foreign authority is responsible for checking the accuracy of personal data that has been obtained as evidence or personal data relating to criminal offences giving rise to the request for international cooperation in criminal matters.art. 11e equal treatment 1 the data protection rules that apply to the disclosure of personal data to the competent authorities of states that are linked with switzerland through one of the schengen association agreements (the schengen states) must not be stricter than the rules that apply to the disclosure of personal data to swiss law enforcement authorities.2 specific legislation that provides for stricter data protection rules for the disclosure of personal data to the competent foreign authorities does not apply to disclosure to the competent authorities of the schengen states.art. 11f disclosure of personal data to a third country or an international body 1 personal data may not be disclosed to the competent authority of a state that is not linked with switzerland through one of the schengen association agreements (a third country) or to an international body if, as a result, the privacy of the data subject would be seriously jeopardised, in particular because of the lack of adequate protection. 2 adequate protection is guaranteed by: a. the legislation of the third country, provided the european union has confirmed this in a decision; b. an international agreement;c. specific guarantees.3 in derogation from paragraph 1, personal data may be disclosed to the competent authority of a third country or to an international body if disclosure is necessary in the case in question:a. to protect the life or physical integrity of the data subject or a third party; b. to prevent an imminent and serious threat to the public security of a schengen state or of a third country;c. to prevent, detect or prosecute a criminal offence or to execute a criminal judgment, unless overriding legitimate interests of the data subject preclude disclosure;d. to exercise or enforce legal rights against an authority competent to prevent, detect or prosecute a criminal offence or to execute a criminal judgment, unless overriding legitimate interests of the data subject preclude disclosure.art. 11g disclosure of personal data by a schengen state to a third country or an international body 1 personal data that are transmitted or made available by a schengen state may be disclosed to the competent authority of a third country or to an international body if: a. disclosure is required to prevent, detect or prosecute a criminal offence or to execute a criminal judgment;b. the schengen state that transmitted or made available the personal data has given prior consent to disclosure; andc. the requirements of article 11f are met. 2 in derogation from paragraph 1 letter b, personal data may be disclosed in an individual case if: a. the prior consent of the schengen state cannot be obtained in time; andb. disclosure is necessary to prevent an imminent and serious threat to the public security of a schengen state or of a third country or to protect the essential interests of a schengen state.3 the schengen state shall be notified immediately of any disclosure under paragraph 2.art. 11h procedure for the disclosure of personal data 1 the competent authority shall notify the recipient about the reliability of the personal data disclosed and of the extent to which they are up to date.2 it shall also disclose any additional information to the recipient that may as far as possible be used to distinguish:a. between the various categories of data subjects;b. between personal data based on facts and personal data based on personal assessments.3 the obligation to notify the recipient does not apply if the information mentioned in paragraphs 1 and 2 is evident from the personal data themselves or from the circumstances.chapter 2 applicable law art. 12 general 1 unless this act specifies otherwise, the federal administrative authorities shall apply, by analogy, the federal act of 20 december 196840 on administrative procedure, and the cantonal authorities their own procedural rules. procedural acts are governed by the procedural law in criminal matters.2 the cantonal and federal provisions on the suspension of time limits do not apply.4140 sr 172.02141 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 13 suspension of limitation periods42. filing a criminal complaint 1 in proceedings under this act, the following shall be considered to have effect in switzerland:a. the suspension of a limitation period under the law of the requesting state;b. the filing of a criminal complaint with a foreign authority within the time limit provided for if this is so required under swiss law.2 if a criminal complaint is required only under swiss law, no sentence may be imposed or executed in switzerland if the victim makes objections.42 the suspension of the effects of the time limitation provisions has been abolished by art. 97 ff. of the swiss criminal code (sr 311.0) and time limits for execution have been replaced by an extension of the regular time limit (as 2006 3459; bbl 1999 1979).art. 14 taking account of the period in detention article 69 of the swiss criminal code43 applies when taking account of the period spent on remand or in detention abroad due to proceedings under this act. 43 sr 311.0. see now art. 51.art. 15 compensation 1 articles 429 and 431 crimpc44 apply by analogy in proceedings that have been conducted against the defendant under this act in switzerland or at the instigation of a swiss authority abroad.452 the confederation shall pay the compensation if a federal authority makes or executes a request. it may require reimbursement from the canton that caused the request to be made.3 the compensation may be reduced or refused if the defendant has provoked the investigation or the detention through his fault, or has, without reason, obstructed or delayed the proceedings.464 compensation for detention pending extradition served in switzerland may also be reduced or refused if the requesting state:a. withdraws the request for search and arrest with a view to extradition; orb. does not present the request for extradition with the necessary enclosures within the deadline set.47 5 the likelihood of the injured party being able to obtain damages in the foreign state must be taken into account when the decision is made to reduce or refuse the compensation.4844 sr 312.045 amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).46 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).47 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).48 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).chapter 3 domestic procedure section 1 authorities and powers art. 16 cantonal authorities 1 the cantons shall participate in the conduct of extradition proceedings. unless federal law provides otherwise, they are required to execute the requests for other forms of mutual assistance and the transfer of proceedings and to execute criminal judgments. the cantons shall be subject to the supervision of the confederation provided this act applies.2 .4949 repealed by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, with effect from 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 17 federal authorities 1 the federal department of justice and police (the department) shall decide on cases under article 1 letter a.50 the decision of the department may be requested within 30 days of receiving written notification of the final ruling.512 the federal office shall receive the requests from abroad and file swiss requests. it shall handle extradition requests and arrange for requests for other assistance, transfer of proceedings and execution of criminal judgments to be examined by the appropriate cantonal or federal authorities if their execution is not obviously inadmissible.3 it shall decide:a. whether to require a guarantee of reciprocity (art. 8 para. 1);b. on the appropriate procedure (art. 19);c. on the admissibility of swiss requests (art. 30, para. 1).4 it may transfer the conduct of proceedings wholly or partly to the federal authority which would be competent to prosecute the offence if it had been committed in switzerland.5 it may also decide on the admissibility of assistance and allow its execution in accordance with article 79 letter a.5250 amended by no 1 of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).51 sentence inserted by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).52 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 17a53 obligation of promptness 1 the competent authority shall execute requests promptly. it shall decide without delay.2 it shall on request provide the federal office with information on the status of the proceedings, the reasons for any delay and the measures being considered. if the delay is not justified, the federal office may take the matter up with the appropriate supervisory authority.3 when the competent authority, without reason, refuses to or delays in issuing a ruling, its conduct shall be regarded as equivalent to a negative decision subject to appeal.53 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 1854 provisional measures 1 at the express request of another state, provisional measures may be taken by the competent authority to preserve the existing situation, to safeguard threatened legal interests or to protect jeopardised evidence unless the proceedings under this act clearly appear to be inadmissible or inappropriate.2 if any delay would jeopardise the proceedings and if there is sufficient information to determine whether all the conditions are met, the federal office may likewise order provisional measures as soon as a request is announced. such measures shall be revoked if the foreign state does not make the request within the deadline set.3 appeals filed against rulings based on this article do not have suspensive effect.54 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 18a55 surveillance of postal and telecommunications traffic 1 in extradition cases, the federal office may, at the express request of another state order the surveillance of postal and telecommunications traffic in order to establish the whereabouts of the defendant.2 in other mutual assistance cases, the following authorities may order the surveillance of postal and telecommunications traffic: a. the office of the attorney general of switzerland or of the cantonal public prosecutor; b. the federal office, if it is executing the request for mutual assistance itself.3 the surveillance order must be submitted to the following authorities for approval:a. by the federal authorities: the federal compulsory measures court;b. by the cantonal authorities: the cantonal compulsory measures court.4 the requirements for surveillance and the procedure shall otherwise be governed by articles 269-279 crimpc56 and the federal act of 6 october 200057 on the surveillance of postal and telecommunications traffic.55 inserted by annex no 4 of the fa of 6 oct. 2000 on the surveillance of mail and telecommunication services (as 2001 3096; bbl 1998 4241). amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).56 sr 312.057 [as 2001 3096, 2003 2133 annex no 18 3043 no i 2, 2004 2149 3693, 2006 2197 annex no 84 5437 art. 2 no 3, 2007 921 annex no 3 5437 annex no ii 7, 2010 1881 annex 1 no ii 26 3267 annex ii 14, 2012 3745 annex no 7, 2017 4095 annex no ii 12. as 2018 117]. see now the fa of 18 march 2016 (sr 780.1).art. 18b58 electronic communications traffic data 1 the federal or cantonal authority dealing with a request for mutual assistance may order the transmission of electronic communications traffic data to another state before conclusion of the mutual assistance proceedings if:a. provisional measures indicate that the communication that is the subject of the request originated abroad; orb. the data was acquired by the executing authority based on an order for authorised real-time surveillance (art. 269-281 crimpc59).2 the data may not be used in evidence before the ruling on granting and the extent of mutual assistance is legally binding.3 notice of the ruling under paragraph 1 and any order or authorisation for surveillance must be given to the federal office immediately.58 inserted by art. 2 no 2 of the fd of 18 march 2011 (council of europe convention on cybercrime), in force since 1 jan. 2012 (as 2011 6293; bbl 2010 4697).59 sr 312.0art. 19 choice of procedure if the defendant is abroad and if, according to the laws of the state to which the request is to be made, there is a choice between different procedures, preference shall be given to the procedure which appears to ensure the better social rehabilitation.art. 20 suspension of criminal proceedings or of the execution of a penalty 1 at the request of the federal office, the competent authority may temporarily suspend criminal proceedings or the execution of a sentence against a defendant abroad for another offence if:a. the sentence imposed in switzerland is not of great importance in comparison to the one likely to be imposed abroad; orb. execution of the sentence in switzerland does not seem appropriate.2 on conclusion of the criminal proceedings abroad, the swiss authority shall decide whether or not to resume the suspended proceedings or the execution of the penalty.art. 20a60 transit 1 in the interest of proceedings carried out in another state and permitted under this act, the federal office may permit transit through swiss territory and approve the measures required therefor on submission of a request by the state concerned or a third state without hearing the person concerned. there is no right of appeal against the decision and ancillary measures. they shall be notified only to the requesting state.2 no approval shall be required if the detained person is to be transported by aircraft over swiss territory without a stopover landing. in the event of an unscheduled stopover landing, the detained person may be kept in custody only if:a. the requirements for his arrest under article 44 are met; orb. the state arranging for the transport to be made has previously informed the federal office by indicating the reason for surrender and the offence which is the basis for it.3 only the federal office may interrupt the transit to prosecute an offence or to execute a criminal judgment in switzerland.60 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).section 2 protection of rights art. 21 common provisions 1 the defendant may appoint a legal adviser. if he chooses not to do so or is not in a position to do so, a legal adviser shall be officially appointed if required to safeguard the interests of the defendant.2 other persons who are affected by the mutual assistance measures or who, as injured parties, are present at enquiries, may, if the safeguarding of their interests so requires, be assisted by a legal adviser while mutual assistance measures are being carried out and, provided the object of the investigation is not prejudiced, be represented by him.3 persons who are the subject of foreign criminal proceedings may challenge rulings only if they are personally and directly affected by a mutual assistance measure and if they have an interest worthy of legal protection in the measure being revoked or changed.614 appeals filed against a decision made in application of this act shall not have a suspensive effect. this rule does not apply to appeals directed against a decision:a. granting extradition; orb. authorising the transmission abroad of classified information or the handing over of objects or assets.6261 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).62 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 2263 notice regarding appellate remedies rulings and decisions issued by federal and cantonal authorities must give notice of the possible appellate remedies, the appellate authority and the deadline for filing an appeal.63 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 2364 64 repealed by annex no 30 of the fa of 17 june 2005 on the federal administrative court, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 2465 65 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 25 appeal66 1 first instance rulings by cantonal and federal authorities are subject to an appeal directly to the appeals chamber of the federal criminal court unless this act stipulates otherwise.672 an appeal against a swiss request to another state is only admissible if that state is requested to assume responsibility for the criminal proceedings or the execution of a criminal judgment. in this case, only defendants who are habitually resident in switzerland are entitled to appeal.682bisan appeal against a swiss request for transferring responsibility for the execution of a criminal judgment in connection with a transfer under article 101 paragraph 2 is admissible.693 the federal office may appeal against rulings by cantonal authorities as well as against decisions by the federal criminal court. the cantonal authority is entitled to appeal against the decision of the federal office not to make a request.704 an appeal may also be filed against the inadmissible or obviously improper application of foreign law.5 .716 the appeals chamber of the federal criminal court is not bound by the applications made by the parties.7266 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).67 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).68 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).69 inserted by art. 2 of the fd of 19 dec. 2003, in force since 1 oct. 2004 (as 2004 4161 4162; bbl 2002 4340)70 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).71 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).72 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 2673 administrative appeal rulings made by the department under article 17 paragraph 1 shall be subject to appeal to the federal council. .7473 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).74 sentence repealed by annex no 30 of the fa of 17 june 2005 on the federal administrative court, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).chapter 4 international procedure art. 27 general rules for requests 1 articles 27 to 31 apply to all procedures under this act subject to the special rules of procedure provided for in the other parts of this act.75 2 foreign requests shall be addressed directly to the federal office.3 requests which are addressed to an inappropriate authority shall be forwarded ex officio. the requesting authority shall be duly notified.4 requests in connection with an arrest shall be dealt with without delay.5 the non-acceptance or refusal of a request must be substantiated.75 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 28 form and content of requests 1 requests shall be made in writing.2 the following information must be provided in a request:a. the office issuing the request and, if applicable, the authority having criminal jurisdiction;b. the subject matter of and the reason for the request;c. the legal term for the offence;d. details that are as exact and complete as possible on the person who is the subject of the criminal proceedings.3 to permit the legal assessment of the offence, the following shall be added:a. a summary of the relevant allegations, except in the case of requests for service;b.76 the wording of the regulations applicable at the place where the offence was committed, except for requests for assistance in accordance with part three of this act.4 foreign official records need not be legalised. 5 foreign requests and their enclosures shall be submitted in german, french or italian or be accompanied by a translation into one of these languages. translations must be officially certified.6 if a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of provisional measures is not affected thereby.76 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 29 transmission 1 the federal office may receive requests directly from the ministry of justice of the requesting state.2 when provisional measures must be taken or in urgent cases, the intervention of the international criminal police organisation (icpo interpol) may be enlisted or a copy of the written request may be sent directly to the authority competent for its execution.art. 30 swiss requests 1 swiss authorities may not address to another state requests which they themselves could not grant under this act.2 the federal office is competent for requests for extradition, transfer of proceedings or execution of criminal judgments; it shall take action at the request of the cantonal authority.3 conditions which the requested state attaches to the execution of the request must be observed by the swiss authorities.4 the federal office may decline to make a request if the importance of the offence does not justify the proceedings.art. 31 costs 1 as a rule, foreign requests shall be executed free of charge.2 the federal council shall determine the conditions under which the requesting state may be charged full or partial costs.3 the costs of a swiss request that are reimbursed to another state shall be charged to the proceedings that caused the request to be made.4 the federal council shall regulate the sharing of costs between the confederation and the cantons.part two extradition chapter 1 conditions art. 32 foreign nationals foreign nationals may be surrendered to another state for prosecution or enforcement of a sentence involving deprivation of liberty for acts which come under its criminal jurisdiction if that state requests extradition or if it accepts the swiss request to prosecute the offence or enforce the judgment.art. 33 persons under 20 years of age 1 children and juveniles as defined in the swiss criminal code77 whose extradition is requested shall, if possible, be repatriated by the juvenile authorities. the same applies to persons between the ages of 18 and 20 if extradition could endanger their mental development or social rehabilitation.2 repatriation shall have the effects of an extradition.77 sr 311.0art. 3478 78 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 35 extraditable offences 1 extradition is permitted if, according to the documents supporting the request, the offence:a. is punishable by deprivation of liberty for a maximum period of at least one year or a more severe sentence both under the law of switzerland and under the law of the requesting state andb. is not subject to swiss jurisdiction.2 in determining whether an act is an offence under swiss law, the following are not considered:a. its specific degrees of guilt and conditions for criminal liability;b. the conditions relating to the personal and time-related application of the swiss criminal code79 and the swiss military criminal code of 13 june 192780 with regard to the criminal provisions on genocide, crimes against humanity and war crimes.8179 sr 311.080 sr 321.081 amended by no i 4 of the fa of 18 june 2010 on the amendment of the federal act in implementation of the rome statute of the international criminal court, in force since 1 jan. 2011 (as 2010 4963; bbl 2008 3863).art. 36 special cases 1 as an exception, the defendant may be extradited for an offence which comes under swiss jurisdiction if special circumstances, especially the possibility of better social rehabilitation, justify it.2 if one of two or more offences is extraditable (art. 35 para. 1), extradition may be granted for all offences.art. 37 denial 1 extradition may be denied if switzerland can assume responsibility for the prosecution of the offence or the execution of the foreign criminal judgment and if this appears to be appropriate with regard to the social rehabilitation of the defendant.2 extradition shall be denied if the request is based on a verdict issued in the absence of the defendant and if the minimum rights of the defence to which a defendant is recognised to be entitled were not respected in the proceedings preceding the verdict; this rule does not apply if the requesting state gives sufficient assurances to guarantee the defendant the right to new court proceedings where the rights of the defence are respected.823 extradition shall also be denied if the requesting state fails to guarantee that the defendant will not be sentenced to death, that an already pronounced death penalty will not be carried out, or that he will not be subjected to treatment that will impair his physical integrity.8382 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).83 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 38 conditions 1 the defendant may be extradited only on condition that the requesting state:a. neither prosecutes nor sentences nor re-extradites him to a third state for any offence committed prior to his extradition and for which extradition was not granted;b.84 does not deprive him of his liberty on any other ground that existed before his extradition;c.85 does not bring him before an extraordinary court; and moreoverd. sends the swiss authorities, at their request, an officially certified copy of the decision which concludes the criminal proceedings.2 the conditions of paragraph 1 letters a and b no longer apply if:a. the defendant or extradited expressly waives them; orb. the person extradited:1. in spite of being advised of the consequences has not left the territory of the requesting state within forty-five days of his conditional or final release despite having the opportunity to do so, or if, after leaving that territory, he has returned, or2. has been returned by a third state.8684 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).85 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).86 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 39 extension if the extradited person is charged with other offences, the state to which he was extradited may be permitted, on making a new request, to prosecute these offences as well.art. 40 requests by more than one state 1 if two or more states request extradition for the same offence, extradition shall be granted as a rule to the state where the offence was committed or principally perpetrated. 2 if extradition is requested by more than one state for different offences, the decision shall be made having due regard to all circumstances, especially the seriousness of the offences, the place of commission, the chronological order in which the requests were received, the nationality of the defendant, the better prospect of social rehabilitation and the possibility of extradition to another state.chapter 2 procedure section 1 requests art. 41 documents supporting the request in addition to the documents specified in article 28 paragraph 3, the following shall be enclosed with the request: the original or an officially authenticated copy of an enforceable judgment, of an arrest warrant or of any other document issued in accordance with the regulations of the requesting state and having the same effect.art. 42 request for tracing and arrest requests for tracing and arrest with a view to extradition shall contain, in addition to the items of information specified in article 28 paragraphs 2 and 3 letter a, references to the following:a. the existence of a valid arrest warrant, its date of issue and the name of the issuing authority;b. the intention of the competent authority to make a request for extradition.art. 43 consideration of the request the federal office shall decide whether and under what conditions it will consider the request.section 2 provisional measures art. 44 arrest foreign nationals may be arrested with a view to extradition on the basis of a request by an interpol national central bureau or the ministry of justice of another state or on the basis of an international alert in a police search system.87 article 52 paragraphs 1 and 2 apply by analogy.87 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 45 seizure of objects 1 at the time of arrest, objects and assets which can serve as evidence in foreign criminal proceedings or which originate from an offence shall be seized.2 the cantonal authorities may, if necessary, order that the arrested person or the rooms be searched.art. 46 notice of execution. duration of measures 1 arrest and seizure shall be reported to the federal office.2 they shall continue until a decision concerning the detention awaiting extradition is issued but at the latest until the third workday after the arrest.section 3 detention awaiting extradition and seizure art. 47 arrest warrant and other rulings 1 the federal office shall issue an arrest warrant with a view to extradition. it may decline to do so, especially if the defendant:a. will probably not elude extradition and will not endanger the criminal investigation; orb. can prove without delay that he was not at the place of the offence when it was committed.2 if the defendant is unfit to remain in detention or if there are other valid reasons, the federal office may order measures other than detention to ensure his presence.3 at the same time the federal office shall rule on which objects and assets will remain seized or must be seized.art. 48 content 1 rulings under article 47 shall contain:a. information, provided by the foreign authority, concerning the identity of the defendant and the offence alleged against this person;b. the name of the office which made the request;c. the confirmation that extradition will be requested;d. the notice regarding the right of appeal under paragraph 2 and the right to appoint a legal adviser.2 an appeal against these rulings may be filed with the appeals chamber of the federal criminal court within ten days of the serving of the written arrest warrant with a view to extradition. articles 379-397 crimpc88 apply by analogy to the appeal procedure.8988 sr 312.089 amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 49 execution 1 the execution of rulings under article 47 is a matter for the cantonal authorities.2 the arrest warrant with a view to extradition may not be executed while the defendant is held in detention awaiting trial or is serving a sentence.903 the defendant may neither be released nor deported from switzerland without the consent of the federal office.90 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 50 release from detention 1 the federal office shall order the release of the person concerned from detention 18 days after arrest if the request for extradition and the documents supporting it have not been received.91 this period may be extended for special cause by up to 40 days.2 if the defendant is already detained, the period shall start when he is detained with a view to extradition.3 by way of exception, the person concerned may be released from detention with a view to extradition at any stage of the proceedings if this is appropriate in the circumstances. the defendant may lodge a petition for release at any time.4 in addition, articles 238-240 crimpc92 apply by analogy to release from detention.9391 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).92 sr 312.093 amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 51 continuation and renewal of detention 1 if the request and its enclosures are received in time and if extradition is not obviously inadmissible, detention shall continue throughout the proceedings without special ruling.2 if the defendant has been released, detention with a view to extradition may be ordered again.section 4 preparation of the extradition decision art. 52 right to be heard 1 the request and the documents supporting it shall be submitted to the defendant and to his legal adviser. when formally presenting the defendant with the arrest warrant with a view to extradition, the cantonal authority shall ascertain if the defendant is identical with the person mentioned in the request. it shall explain to him the conditions of extradition and of simplified extradition and advise him of the right to appeal, to appoint a legal adviser or to have a legal adviser officially appointed.942 the defendant shall be questioned briefly about his personal circumstances, and especially his nationality and relationship with the requesting state, and asked if and for what reasons he raises objections to the arrest warrant or his extradition. his legal adviser may assist in this hearing.3 if the extradited person is to be prosecuted for other offences or re-extradited to a third state, the federal office shall arrange for him to be questioned on the record in accordance with paragraph 2 by a judicial authority of the requesting state.94 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 53 alibi evidence 1 if the defendant claims to be able to prove that he was not at the scene of the offence when it was committed, the federal office shall make the necessary investigations.2 extradition shall be denied in clear cases. in other cases, the exculpatory evidence shall be submitted to the requesting state which shall be asked to declare within a short time whether it wishes to continue with its request.art. 5495 simplified extradition 1 if the defendant places on the record before a judicial authority that he waives the requirement of extradition proceedings, the federal office shall order his surrender unless there are special considerations prohibiting it.2 this waiver may be revoked provided the federal office has not ordered the surrender.3 simplified extradition shall have the effect of extradition and is subject to the same conditions. the requesting state shall be given notice thereof.95 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).section 5 decision on extradition art. 55 competence 1 after setting the defendant and the third party objecting to the handing over of objects an appropriate deadline for stating their position, the federal office shall rule on the extradition of the defendant and the handing over of objects and assets seized.962 if the defendant claims that he is being charged with a political offence or if the investigation reveals serious grounds to believe that the offence is of a political nature, the appeals chamber of the federal criminal court shall decide the case.97 the federal office shall send the file to this court, together with its proposal. the defendant shall be given the opportunity to state his position.3 the procedure for an appeal under article 25 applies by analogy.98 96 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).97 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).98 amended by annex no 30 of the federal act of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 55a99 coordination with asylum proceedings if the defendant has applied for asylum under the asylum act of 26 june 1998100, the federal office and the appellate authority shall consult the files from the asylum proceedings when deciding on extradition.99 inserted by no i 3 of the fa of 1 oct. 2010 on the coordination of asylum and extradition procedures, in force since 1 april 2011 (as 2011 925; bbl 2010 1467).100 sr 142.31section 6 execution art. 56 executability 1 extradition may be executed if the defendant:a. expressly requests his own immediate extradition; orb. does not give notice within five days of the issue of the ruling that he will file an appeal.2 if extradition is refused, the federal office shall release the person concerned from detention with a view to extradition.art. 57 extradition 1 the federal office shall issue the necessary rulings in agreement with the cantonal authorities.2 it shall notify the requesting state of the decision as well as of the date and place of extradition.art. 58 postponement. provisional surrender 1 extradition may be postponed provided the person to be extradited is being prosecuted in switzerland for other offences or if he has to serve a sentence involving deprivation of liberty.2 however, provisional surrender of the defendant may be granted if:a. this will not be prejudicial to the swiss criminal proceedings; andb. the requesting state has guaranteed to keep the defendant in custody during his stay in that state and will return him regardless of his nationality.art. 59101 handing over of objects and assets 1 if the conditions set for the extradition are met, objects and assets shall also be handed over which:a. can serve as evidence; orb. derive from the offence.2 if an authority, or a third party with rights acquired in good faith, or the victim who lives in switzerland asserts rights over the objects or assets which can serve as evidence, their handing over shall be subject to the condition that the requesting state guarantees their return without costs after the conclusion of its proceedings. 3 the objects or assets which derive from the offence include:a. instruments which served to commit the offence;b. products or profits of the offence, their replacement value and any unlawful advantage;c. gifts and other benefits which served to instigate the offence or recompense the perpetrator for the offence, as well as their replacement value.4 the objects or assets which derive from the offence may be retained in switzerland if: a. the victim is habitually resident in switzerland and they have to be returned to him;b. an authority asserts rights over them; orc. a person not involved in the offence and whose claims are not guaranteed by the requesting state shows probable cause that he has acquired rights over the objects and assets in good faith in switzerland, or, if he is habitually resident in switzerland, in a foreign country.5 objects or assets mentioned in the first paragraph and which are required for pending criminal proceedings in switzerland may also be retained in switzerland.6 if a person entitled to the objects or assets makes a claim under paragraph 4, the objects or assets shall not be handed over until the legal position has been clarified. objects or assets in dispute shall be returned to the person entitled only if: a. the requesting state gives its consent;b. in the case of paragraph 4 letter b, the authority gives its consent; orc. the justification of the claim is recognised by a swiss judicial authority.7 the handing over of objects and assets is not dependent on the execution of the extradition of the defendant.8 objects and assets in accordance with paragraph 1 letter b to which switzerland is entitled according to an asset-sharing agreement based on the federal act of 19 march 2004102 on the division of forfeited assets are not handed over.103101 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).102 sr 312.4103 inserted by annex no 2 of the fa of 19 march 2004 on the division of forfeited assets, in force since 1 august 2004 (as 2004 3503; bbl 2002 441).art. 60 fiscal lien 1 if objects or assets are handed over and their return is waived, the customs lien or any other real liability under swiss customs or tax law shall not be claimed if the owner who suffered loss as a result of the offence does not personally owe the duty or tax.2 the waiver of such a fiscal lien may be made dependent on reciprocity. art. 61 time limit for taking over if the requesting state does not take the necessary steps to take over the person to be extradited within ten days of notification of the execution order, he shall be released. this time limit may be extended up to 30 days in response to a justified request from the requesting state. art. 62 costs 1 in the event of extradition to a foreign country, the swiss confederation shall pay the costs of detention and transportation provided that it is customary in international relations for the requested state to pay such costs.2 the personal property of the defendant may be used to cover the costs provided it does not have to be handed over to the requesting state.part three other mutual assistance chapter 1 requirements section 1 general art. 63 principle 1 mutual assistance within the meaning of part three of this act shall comprise the transmission of information, as well as procedural acts and other official acts permitted under swiss law provided these acts appear to be necessary for proceedings carried out abroad in criminal matters or serve to retrieve the proceeds of the offence.1042 mutual assistance measures shall include in particular:a. the service of documents;b. obtaining evidence, and in particular searching persons and rooms, seizure, orders to produce, expert opinions, conducting hearings and confrontations of persons;c. production of documents and papers;d. handing over of objects or assets with a view to forfeiture or for restitution to the entitled person.1053 the following shall, in particular, be considered proceedings carried out in criminal matters:a. prosecution of criminal offences as provided for in article 1 paragraph 3;b. administrative measures against an offender;c. execution of criminal judgments and pardons;d. compensation for unjustified detention.106 4 assistance may also be granted to the european court of human rights and to the european commission on human rights in proceedings regarding the safeguarding of human rights and fundamental freedoms.5 assistance which will exonerate a defendant is permitted even if the request is inadmissible under articles 3-5.104 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).105 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).106 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 64 compulsory measures 1 measures under article 63 which require the use of procedural compulsion may be ordered only if the description of the circumstances of the case indicates that the offence being prosecuted abroad contains the objective elements of an offence under swiss law. the measures must be carried out in accordance with swiss law.2 if the offence prosecuted abroad is not an offence in switzerland, measures under article 63 which require the use of procedural compulsion shall be allowed for: a. the exoneration of a defendant;b.107 the prosecution of offences involving sexual acts with minors.108107 amended by annex no 16 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).108 amended by annex no 4 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).art. 65109 application of foreign law 1 at the express request of the foreign state:a. the statements of witnesses or experts shall be affirmed in the form prescribed by the laws of the requesting state, even if the applicable swiss law does not provide such a form;b. forms necessary to obtain other evidence that is admissible in court may be taken into consideration.2 forms for obtaining and affirming evidence according to paragraph 1 must be compatible with swiss law, and no essential prejudice may result therefrom to the persons involved.3 a person may also refuse to testify provided the law of the requesting state so provides or if the fact of testifying may cause criminal or disciplinary sanctions to be imposed under the laws of that state or of the state where the examined person lives.109 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 65a110 presence of persons participating in proceedings abroad 1 when the requesting state, based on its law, so requests, persons who are participating in proceedings abroad may be authorised to attend mutual assistance proceedings and to have access to the files.2 their presence may also be permitted if it substantially helps to facilitate the execution of the request or the foreign criminal proceedings.3 their presence may not lead to their obtaining access to information within the scope of secrecy before the appropriate authority has decided whether, and to what extent, assistance may be granted.110 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 66 principle of ne bis in idem111 1 assistance may be denied if the defendant resides in switzerland and proceedings are already pending here regarding the offence to which the request relates. 2 however, assistance may be granted if the proceedings carried out abroad are not directed solely against the defendant who is residing in switzerland, or if the execution of the request serves to exonerate him.112111 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1). 112 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 67113 principle of speciality 1 information and documents obtained through mutual assistance may not be used for investigative purposes or as evidence in the requesting state in any proceedings relating to an offence for which assistance is not admissible.2 any further use shall be subject to approval by the federal office. this approval is not necessary if:a. the act to which the request relates constitutes another offence for which mutual assistance would be granted; orb. the foreign criminal proceedings are directed against other persons who have participated in committing the offence.3 presence at the mutual assistance proceedings and access to the files shall be permitted under the same conditions (art. 65a para.1).113 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 67a114 spontaneous transmission of information and evidence 1 an authority prosecuting offences may, without being requested to do so, transmit to a foreign authority prosecuting offences information or evidence that it has gathered in the course of its own investigation, when it determines that this transmission may:a. permit the opening of criminal proceedings; orb. facilitate an ongoing criminal investigation.2 the transmission as defined in paragraph 1 does not have any effect on the criminal proceedings pending in switzerland.3 the transmission of evidence to a state with which switzerland does not have an international agreement shall be subject to authorisation by the federal office.4 paragraphs 1 and 2 do not apply to evidence that is subject to the rules on secrecy. 5 information that is subject to the rules on secrecy may be transmitted if it may enable the foreign state to present a request for mutual assistance.6 a record shall be made of each spontaneous transmission.114 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).section 2 specific mutual assistance measures art. 68 service of documents. general provisions 1 where a swiss authority is requested to serve documents, service may be effected by personal or postal delivery to the recipient.2 the federal council may permit the direct service of documents from abroad to the recipient in switzerland. it shall determine the conditions for such service.3 service is presumed to be effected if acceptance or refusal to accept has been confirmed in writing.art. 69 service of summonses. safe conduct 1 there is no obligation to comply for any person who accepts a summons to appear before a foreign authority.2 summonses containing threats of compulsion shall not be served.3 service of a summons may be made subject to the condition that the recipient is guaranteed safe conduct for an appropriate period of time and will not be prevented from freely leaving the territory of the requesting state. if the recipient so requires, the authority effecting service shall ask the requesting state to give a written assurance thereof before proof of service is furnished.art. 70 transfer of arrested persons 1 persons held in custody in switzerland may be transferred to a foreign authority for the purpose of investigations if they are guaranteed safe conduct and if it is guaranteed that they will be kept in custody and returned to switzerland on request.2 persons who are not indicted abroad and swiss citizens may be transferred only with their written consent. this is not necessary if the transfer is required for the execution of a swiss request or for confrontation with other persons abroad. art. 71115 115 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 72 maintaining of custody 1 if a detained person is surrendered to the swiss authorities in the course of an act of assistance, the warrant for his arrest issued abroad shall also be valid in switzerland for the period of his stay in switzerland.2 during transit the defendant shall be kept in custody by virtue of the order for transit given by the federal office.3 in those cases the detained person may be released only with the agreement of the competent foreign authority.art. 73 safe conduct in switzerland 1 a person habitually resident abroad and who appears in switzerland in a criminal case pursuant to a summons may neither be prosecuted nor restricted in his personal freedom for reasons that occurred prior to his entry into switzerland.2 the defendant shall enjoy no safe conduct regarding the offences specified in the summons.3 the safe conduct provided for in paragraph 1 shall cease when this person leaves switzerland but at the latest three days after he is permitted to leave by the summoning authorities.art. 74116 handing over of evidence 1 on request, objects, documents or assets seized as evidence as well as records and decisions shall be made available to the competent foreign authority after conclusion of the mutual assistance proceedings (art. 80d).2 if a third party with rights acquired in good faith, an authority, or the victim who is habitually resident in switzerland claim that they have rights over the objects, documents or assets under paragraph 1, their handing over shall be subject to the condition that the requesting state gives the guarantee to return them free of charge after the conclusion of the proceedings.3 return may be delayed if the objects, documents or assets are necessary for criminal proceedings pending in switzerland.4 article 60 applies to fiscal liens.116 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 74a117 handing over of objects or assets for the purpose of forfeiture or return 1 on request, objects or assets subject to a precautionary seizure may be handed over to the competent foreign authority after conclusion of the mutual assistance proceedings (art. 80d) for the purpose of forfeiture or return to the person entitled.2 the objects or assets referred to in paragraph 1 include:a. instruments which were used to commit the offence;b. products of or profits from the offence, their replacement value and any unlawful advantage;c. gifts and other contributions which served to instigate the offence or recompense the offender, as well as their replacement value.3 the handing over may take place at any stage of the foreign proceedings, normally based on a final and executable decision from the requesting state.4 however, the objects or assets may be retained in switzerland if:a. the victim is habitually resident in switzerland and they have to be returned to him;b. an authority asserts rights over them;c. a person not involved in the offence and whose claims are not guaranteed by the requesting state shows probable cause that he has acquired rights over these objects and assets in good faith in switzerland, or if he is habitually resident in switzerland, in a foreign country; ord. the objects or assets are necessary for pending criminal proceedings in switzerland or appear, because of their nature, to be subject to forfeiture in switzerland.5 whenever a person claims to have rights over the objects or assets under paragraph 4, its handing over to the requesting state shall be postponed until the legal situation is clear. the objects or assets claimed may be handed over to the person entitled if:a. the requesting state agrees;b. in the case of paragraph 4 letter b, the authority gives its consent; orc. the claim has been recognised by a swiss court.6 article 60 applies to fiscal liens.7 objects and assets to which switzerland is entitled according to an asset sharing agreement based on the federal act of 19 march 2004118 on the division of forfeited assets shall not be handed over in accordance with paragraph 1.119117 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).118 sr 312.4119 inserted by annex no 2 of the fa of 19 march 2004 on the division of forfeited assets, in force since 1 august 2004 (as 2004 3503; bbl 2002 441).chapter 2 procedure section 1 requests for mutual assistance art. 75 authorisation for requesting mutual assistance 1 requests for assistance may be submitted by authorities that are competent to investigate offences or make decisions in other proceedings to which this act is applicable. 2 swiss authorities may also accept requests for the execution of procedural acts from the parties authorised to make them if those acts are incumbent upon the parties under the laws of the requesting state.3 the federal office shall make requests for mutual assistance that is needed outside criminal proceedings.120120 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 75a121 police requests 1 the commissioners of police of the confederation and of the cantons may make a request under article 63 on their own behalf and may grant such requests emanating from foreign authorities.2 the following requests are excluded:a. requests which necessitate the use of procedural compulsion;b. requests for information or measures in proceedings regarding extradition, transfer of proceedings and execution of criminal judgments;c. requests for the handing over of criminal decisions or criminal files.121 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 76 content and documents in addition to the information and documents required by article 28, the following shall be specified in or enclosed with a request:a. in requests for service: the name and address of the recipient and his position in the proceedings as well as the type of document to be served;b. with requests for transit: one of the documents listed in article 41;c. with requests for search of persons or rooms, for seizure or handing over of objects: confirmation that these measures are permitted in the requesting state.art. 77 way of transmission122 1 foreign requests shall be addressed to the appropriate cantonal authority through the intermediary of the federal office.2 requests for extracts from the register of convictions or for determining the identity of a person shall be addressed to the federal office123.122 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).123 the designation of the administrative unit has been adapted according to art. 16 para. 3 of the publications o of 17 nov. 2004 (as 2004 4937).section 2124 treatment of the request 124 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1). art. 78 receipt and transmission 1 the federal office shall receive foreign requests unless provision is made for direct transmission to the competent cantonal or federal executing authority.2 the federal office shall summarily examine whether the request meets the formal requirements of this act and shall forward it to the appropriate executing authority unless the request clearly appears to be inadmissible.3 if necessary, the federal office shall return the request to the requesting state for improvement or completion. 4 receipt and transmission of the request to the competent authority are not subject to appeal.5 the procedural provisions of article 18 are reserved.art. 79 delegation of execution 1 if the execution of the request necessitates investigations in more than one canton or if it also concerns a federal authority, the federal office may entrust a single authority with its execution. articles 44-47, 52 and 53 crimpc125 apply by analogy.1262 the federal office may delegate all or part of the execution of a request to the federal authority which would be competent if the offence had been committed in switzerland.3 the federal office may also entrust the execution of supplementary requests to the authority to which execution was delegated.4 the designation of the cantonal or federal authority responsible shall not be subject to appeal.125 sr 312.0126 second sentence amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).art. 79a decision of the federal office the federal office may decide whether mutual assistance is permitted and delegate its execution to a cantonal authority or itself decide on the execution if:a. the execution of the request necessitates investigations in more than one canton;b. the competent cantonal authority is unable to make a decision within the appropriate time; orc. the cases are complex or particularly important.art. 80 preliminary examination 1 the request shall be subject to preliminary examination by the cantonal or federal authority responsible for its execution.2 if the request cannot be granted, the executing authority shall return it to the requesting authority by the same channel through which it was received.art. 80a consideration and execution 1 the executing authority shall issue a summary ruling on whether to consider the case and shall order the mutual assistance measures permitted.2 it shall execute the mutual assistance measures in accordance with its own procedural law.art. 80b participation in the proceedings and access to the files 1 the persons entitled may participate in the proceedings and have access to the files provided this is necessary to safeguard their interests. 2 the rights provided for in paragraph 1 may be limited only:a. in the interest of the foreign proceedings;b. for the protection of an important legal interest if the requesting state so requests;c. because of the nature or urgency of the measures to be taken;d. for the protection of important private interests;e. in the interest of swiss proceedings.3 access to the files or participation in the proceedings may only be denied in the case of files or procedural measures for reasons of confidentiality.art. 80c simplified execution 1 the persons entitled, and in particular the holders of documents, information or assets may consent to handing them over without formality at any time prior to the conclusion of the proceedings. consent is irrevocable.2 if all the persons entitled give their consent, the competent authority shall make a written record thereof and conclude the proceedings.3 if only some of the documents, information or assets required are handed over, the ordinary proceedings shall be followed for the remaining part.art. 80d conclusion of the mutual assistance proceedings when the executing authority determines that the request is completely or partially executed, it shall issue a ruling giving reasons on whether mutual assistance is granted and to what extent.art. 80dbis 127 early transmission of information and evidence 1 the competent cantonal or federal to organised crime or terrorism would be made disproportionately difficult without this mutual assistance measure, in particular where there is a risk of collusion or in order to safeguard the confidentiality of the proceedings; orb. in order to avert a serious and immediate danger, and in particular the commission of a terrorist offence.2 the information or evidence concerned must be connected with the prevention or the prosecution of an extraditable criminal offence.3 early transmission may be ordered with or without a request being received. if it is ordered in the absence of a request, the competent cantonal or federal authority shall transmit only the non-personal data required to assess the position, subject to receiving the undertakings specified in paragraph 4.4 early transmission is conditional on the requesting authority providing an undertaking in advance that:a. the information or evidence will be used solely to assist with investigations, and under no circumstances for the purpose of requesting, justifying or issuing a final decision;b. it will inform the competent cantonal or federal authority as soon as the foreign proceedings permit that the person concerned may be notified of the early transmission under article 80m so that he or she can respond before the final ruling is issued; c. it will remove the information or evidence obtained through early transmission from the files for the foreign proceedings if mutual assistance is refused.5 notification of the person concerned shall be deferred.6 notice of the interim ruling in accordance with paragraph 1 shall be given to the federal office without delay and before the early transmission. it is not in itself contestable.127 inserted by annex no ii 5 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427).section 2a128 joint investigation team 128 inserted by annex no ii 5 of the fedd of 25 sept. 2020 on the approval and implementation of the council of europe convention on the prevention of terrorism and its additional protocol and the strengthening of criminal justice instruments for combating terrorism and organised crime, in force since 1 july 2021 (as 2021 360; bbl 2018 6427). art. 80dter appointment of a joint investigation team 1 the cantonal or federal mutual assistance authority may for a specific purpose and in consultation with the competent foreign judicial authority appoint a joint investigation team (jit) to conduct or support the conduct of a criminal investigation in a state participating in the jit.2 a jit may in particular be appointed in a difficult or complex criminal investigation that involves one or more other states and which requires considerable resources as well as coordinated and concerted action. 3 it may only be appointed if a request for mutual assistance has been submitted by a judicial authority. 4 the jit must be appointed for a limited duration. the appointment may be extended as required.5 the competent authority shall designate the persons responsible and the members of the jit for its state. the jit may call on the services of experts and auxiliary personnel as required. 6 notice of the act of appointment shall be given to the federal office in writing.art. 80dquater applicable law the jit's activities are governed by the law of the state in which the investigation is conducted.art. 80dquinquies accountability the representative of the criminal or mutual assistance authority in whose state an investigative measure is carried out is responsible for that investigative measure.art. 80dsexies status in relation to criminal and civil liability the foreign person responsible and the foreign members of the jit, as well as the foreign experts and auxiliary personnel under article 80dter paragraph 5 are deemed equivalent to the swiss person responsible and the swiss members of the jit during an operation on swiss national territory in relation to any offences committed against them or that they themselves commit. they are also deemed equivalent to them in relation to any injury, loss or damage that they cause during their operation.art. 80dsepties access to documents, information and evidence 1 the persons responsible and members of the jit shall have access to:a. documents and information that are related to the relevant criminal investigation;b. evidence that has been gathered in the course of the relevant criminal investigation.2 they shall be denied access to documents, information and evidence if a decision to that effect has been taken by a person responsible for the jit or by a criminal or mutual assistance authority. the foregoing also applies if the documents, information or evidence were obtained before the jit was appointed.3 the experts and auxiliary personnel under article 80dter paragraph 5 shall have access only to documents, information and evidence that are required for them to fulfil the tasks assigned to them.art. 80docties early transmission the early transmission of documents, information and evidence that are to located on swiss sovereign territory is governed by article 80dbis.art. 80dnovies confidentiality and data protection 1 the confidentiality of the information, including the confidentiality of the investigation, must be preserved.2 the protection of personal data is governed by the law of the state in which the investigative measure is carried out.art. 80ddecies dealings with the media if the bodies normally competent to do so in the judicial authorities concerned intend to issue a press release, the swiss criminal or mutual assistance authority and its foreign partner authority shall discuss the content beforehand.art. 80dundecies costs 1 the costs of the investigative activities shall be borne by the state in which the act concerned is carried out. 2 the costs related to time spent in the other country, travel and accommodation for the persons responsible and the other members of the jit shall be borne by their own country.3 the rooms and the technical resources required to conduct the investigative activities, such as office space, communication media or special equipment, shall be provided by the state in which the activity concerned is carried out.art. 80dduodecies act of appointment 1 the act of appointment must include the following information:a. the purpose of the jit;b. the names of the swiss and the foreign criminal or mutual assistance authorities;c. the names of the persons responsible for each state participating in the jit and the names of the other members of the jit and their functions;d. the criminal investigation, including the factual circumstances, that is the subject matter of the criminal investigation, and the offences under investigation;e. the states on whose territory the jit will conduct investigations in accordance with the relevant national law;f. the duration for which the jit is appointed, with the date on which this period ends;g. the names of any experts and auxiliary personnel who are not members of the jit, in particular of those who come from other services or administrative units in the participating states, as well as the names of any experts and auxiliary personnel from eurojust and europol;h. the procedure for dealings with the media;i. the arrangements for bearing the costs of the criminal investigation and investigative activities;j. the arrangements for bearing the costs of time spent in the other country, travel and accommodation for the persons responsible, the other members of the jit and the experts and auxiliary personnel;k. the technical resources required to conduct the operations.2 the act of appointment may be amended if the investigations so require. in particular, further members may be added to the jit or the time limit may be extended.section 3129 appeal 129 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1). art. 80e130 appeal against the ruling of the executing authority 1 the ruling of the executing cantonal or federal authority on the conclusion of the mutual assistance proceedings together with the preceding interim rulings shall be subject to appeal to the appeals chamber of the federal criminal court.2 interim rulings preceding the final ruling may be appealed against separately provided that they cause immediate and irreparable prejudice through:a. the seizure of assets or valuables; orb. the presence of persons involved in the foreign proceedings.3 article 80l paragraphs 2 and 3 applies by analogy.130 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 80f and 80g131 131 repealed by annex no 30 of the fa of 17 june 2005 on the federal administrative court, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 80h right of appeal the following shall be entitled to appeal:a. the federal office;b. any person who is personally and directly affected by a mutual assistance measure and has a legitimate interest in that measure being annulled or modified.art. 80i reasons for appeal 1 the appeal may be filed to challenge:a. a violation of federal law, including excessive use or abuse of discretion;b. the inadmissible or manifestly incorrect application of foreign law in the cases under article 65.2 .132132 repealed by annex no 30 of the fa of 17 june 2005 on the federal administrative court, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 80k deadline for appeal the deadline for appeal against the final ruling shall be 30 days, or ten days in the case of an interim ruling, from the written communication of the ruling.art. 80l suspensive effect 1 only appeals against the final ruling or any other ruling authorising the transmission of classified information or the handing over of objects or assets to a foreign state shall have suspensive effect.1332 an interim ruling preceding the final ruling may be executed immediately.3 the appeals chamber of the federal criminal court may grant suspensive effect to an interim ruling in accordance with paragraph 2 if the person entitled shows probable cause that immediate and irreparable prejudice as defined in article 80e, paragraph 2 may result.134133 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).134 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).section 4135 special provisions 135 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1). art. 80m notification of rulings 1 the executing authority and the appellate authority shall give notice of their rulings to:a. the entitled person living in switzerland;b. the entitled person living abroad and with an address for service of documents in switzerland.2 the right to notification shall end when the ruling concluding the mutual assistance proceedings becomes legally enforceable.art. 80n right to inform 1 holders of documents have the right to inform their clients of the existence of the request and of all the facts relating thereto unless the competent authority has, as an exception, expressly prohibited this and made reference to article 292 of the swiss criminal code136 and the penalties that it carries.2 the person entitled who intervenes in pending proceedings may no longer challenge rulings that have become legally enforceable.136 sr 311.0art. 80o inquiry addressed to the requesting state 1 if additional information is necessary, the executing or the appellate authority shall request the federal office to obtain it from the requesting state.2 if necessary, the competent authority shall suspend dealing with all or part of the request and rule on the points that may be dealt with based on the documents available.3 the federal office shall give the requesting state an appropriate deadline by which to respond. if the deadline given is not respected, the request for mutual assistance shall be examined based on the documents available.art. 80p conditions subject to acceptance 1 the executing and the appellate authority as well as the federal office may make the granting of mutual assistance wholly or partly subject to certain conditions. 2 the federal office shall communicate the conditions to the requesting state when the ruling on the granting and the extent of the mutual assistance is final and shall give it an appropriate deadline by which to accept or refuse. if the deadline given is not respected, mutual assistance may be granted on the points that are not subject to conditions.3 the federal office shall examine if the response of the requesting state satisfies the conditions set.4 the ruling of the federal office is subject to an appeal to the appeals chamber of the federal criminal court within ten days of its notice being given in writing. the decision of the appeals chamber is final.137137 amended by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 80q costs the requesting state shall be charged for:a. the remuneration of experts;b. the return of objects or assets for the purpose of restitution to the person entitled.art. 8-84138 138 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).part four transfer of proceedings chapter 1 conditions section 1 prosecution in switzerland on behalf of another state art. 85 principle 1 at the request of the state in which the offence was committed, switzerland may prosecute on its behalf an offence committed abroad if:a. extradition is not permitted;b. the defendant has to face charges in switzerland for other more serious offences; andc. it is guaranteed that the requesting state will not prosecute him for the same offence after acquittal or completing a sentence in switzerland.2 a foreign national who is habitually resident in switzerland may also be prosecuted in switzerland if his extradition cannot be justified and prosecution in switzerland seems appropriate with regard to his personal situation and social rehabilitation.3 these provisions do not apply if the offence is subject to swiss jurisdiction on the basis of another provision.139139 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 86 applicable law 1 the offence shall be judged according to swiss law as if it had been committed in switzerland.2 the foreign law applies if it is more lenient. the court may impose only the sentences provided for by swiss law.3 proceedings in the absence of the defendant are not permitted.art. 87140 jurisdiction if swiss jurisdiction is not yet established, it shall be determined in accordance with article 32 crimpc141.140 amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).141 sr 312.0section 2 transfer to foreign states art. 88142 conditions another state may be requested to prosecute an offence subject to swiss jurisdiction if its laws allow the prosecution and judicial punishment of the offence and if:a. the defendant is present there and his extradition to switzerland is inappropriate or not permitted; or b. he is extradited to this state and the transfer of the prosecution offers the prospect of better social rehabilitation.142 amended by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 89 effects 1 if another state prosecutes the offence, the swiss authorities may not take further measures against the defendant for the same offence:a. unless the requested state has given notice that it is not in a position to conclude the prosecution; orb. if, according to the decision made in the requested state, the conditions of article 5 letter a or b are met.2 the effect of the time limitation provisions under swiss law is suspended provided the proceedings including enforcement of the sentence are ongoing in the requested state.1433 if the defendant was extradited to the requested state for other offences, this state need not observe the conditions of extradition in accordance with article 38 provided it grants the request for prosecution.143 the suspension of the effects of the time limitation provisions has been abolished by art. 97 ff. of the swiss criminal code (sr 311.0) and time limits for execution have been replaced by an extension of the regular time limit (as 2006 3459; bbl 1999 1979).chapter 2 procedure art. 90 documents in addition to the documents specified in article 28 paragraph 3, the record of criminal proceedings as well as any evidentiary productions must be enclosed with the request.art. 91 decision on the request 1 the federal office shall decide on whether to accept the foreign request after consulting the prosecuting authorities.2 if it accepts the request, it shall transmit the file to the prosecuting authority and notify the requesting state and the person concerned.3 the decision does not create an obligation to institute criminal proceedings.4 the federal office may refuse to assume responsibility for the prosecution if there is good cause not to do so or if the seriousness of the offence does not justify it.art. 92 foreign investigative measures any investigative measure carried out by the authorities of the requesting state under its law shall be considered equivalent to a corresponding swiss investigative measure.art. 93 costs 1 the costs of the proceedings set by the requesting state shall be added to the costs of the proceedings in switzerland and collected. they are not refunded to the requesting state.2 the cantons shall have a right of disposal over any fines paid and, subject to the provisions of the federal act of 19 march 2004144 on the division of forfeited assets, over forfeited objects.145 3 the requested state shall be notified of the costs of the proceedings incurred in switzerland if the requested state takes over the prosecution. their reimbursement shall not be requested.144 sr 312.4145 amended by annex no 2 of the fa of 19 march 2004 on the division of forfeited assets, in force since 1 august 2004 (as 2004 3503; bbl 2002 441).part five enforcement of criminal judgments chapter 1 conditions section 1 enforcement by switzerland art. 94 principle 1 final and enforceable criminal judgments from another state may be enforced at that state's request if:a. the convicted person is habitually resident in switzerland or has to face charges here for a serious offence;b. the subject of the conviction is an offence committed abroad which, if committed in switzerland, would be punishable here; andc. enforcement in switzerland seems to be appropriate for one of the reasons specified in article 85 paragraphs 1 and 2 or likely to be barred in the requesting state.2 sentences imposed abroad shall be executed provided they do not exceed the maximum penalty provided by swiss law for a corresponding offence. sentences that remain below the minimum penalty according to swiss law may be executed.3 .1464 fines as well as costs arising from proceedings under article 63 may also be enforced if the convicted person is habitually resident abroad but has assets at his disposal in switzerland and if the requesting state grants reciprocity.146 repealed by no i of the fa of 4 oct. 1996, with effect from 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 95 inadmissibility of the enforcement order 1 the order permitting enforcement (exequatur) may not be issued if:a.147 the conviction took place at a time when, under swiss law, the prosecution would have been time barred;b. the sentence would have been time barred under swiss law if a swiss authority had imposed it at the same time; orc. the offence is also subject to swiss jurisdiction and no sentence could be imposed under swiss law for other reasons.2 decisions on costs shall be declared enforceable only if the costs are to be paid to the state.147 the amendment in accordance with art. 97 ff. of the swiss criminal code (sr 311.0) contains a limitation system (as 2006 3459; bbl 1999 1979).art. 96 refusal to enforce the court shall refuse to enforce in whole or in part if:a. the convicted person has incurred a sentence involving deprivation of liberty in switzerland for other offences and enforcement as requested would result in an obviously more severe punishment than if the offences taken as a whole were judged in switzerland; orb. the execution of any of the accessory criminal measures in switzerland is not permitted, orc. it is of the opinion that the convicted person has good reason to oppose the enforcement of a judgment or penalty order that was issued in his absence and which is no longer subject to a right of objection or appeal under the law of the requesting state.art. 97 binding force of the findings in fact in assessing criminal liability and the possibility of prosecution under swiss law, the court shall be bound to the findings in fact on which the decision relies. if they do not suffice, the gathering of evidence may be ordered.art. 98 effects of enforcement if switzerland assumes responsibility for enforcement, no criminal proceedings against the convicted person for the same offence may be instituted or continued here.art. 99 use of swiss institutions by foreign states 1 if the conditions of article 94 paragraph 1 are not met, sentences involving restriction of liberty that have been imposed on a non-swiss national in another state may be enforced in switzerland under swiss law if the other state cannot execute them itself.2 in this case, the final and enforceable foreign decision shall constitute the legal basis for the restriction of the convicted person's liberty.3 if persons are surrendered to switzerland in accordance with paragraph 1, then unless arrangements to the contrary have been made with the competent authorities of the surrendering state, they may neither be prosecuted nor punished nor extradited to a third state by the swiss authorities for offences that they committed before their surrender and that were not the subject of their conviction. these effects shall expire ten days after release on parole or final release from the institution.4 the federal council shall regulate the details.section 2 transfer to a foreign state art. 100 principle another state may be requested to enforce a swiss criminal judgment if:a. it is certain to accept the binding force of the judgment in accordance with article 97; andb. the transfer of enforcement is likely to improve the prospects of the social rehabilitation of the convicted person or if switzerland cannot obtain his extradition.art. 101 conditions for transfer 1 the convicted person who is detained in switzerland may only be transferred with a view to enforcement of the judgment under article 100 if he agrees and if the requested state is expected to accept the conditions set by the federal office.2 the convicted person may be transferred without his consent if an international agreement ratified by switzerland so provides. in this case the conditions and effects of the transfer are regulated exclusively by the said international agreement.148148 inserted by art. 2 of the fd of 19 dec. 2003, in force since 1 oct. 2004 (as 2004 4161 4162; bbl 2002 4340).art. 102 effects of transfer 1 if another state enforces the criminal judgment, the swiss authority shall abandon enforcement provided the requested state has not given notice that it will not conclude it.2 the convicted person may be taken into custody so as to ensure his transfer.3 article 89 paragraphs 2 and 3 apply by analogy.chapter 2 procedure section 1 request art. 103 documents in addition to the documents specified in article 28 paragraph 3, the following shall be enclosed with a request:a. the original or an officially authenticated copy of the judgment with a certificate attesting that it is legally enforceable;b. a certificate attesting the period of detention undergone in the requesting state;c. if the requested state so requests, the original or officially authenticated copy of the criminal file.art. 104 decision on the request 1 after consulting with the authority which will execute the request, the federal office shall decide whether to accept the foreign request. if it accepts, it shall convey the file and its opinion to the executing authority and inform the requesting state. article 91 paragraph 4 applies by analogy.2 if there is swiss jurisdiction and if a sentence which is more severe than the one provided by swiss law was imposed abroad, the prosecution may be taken over instead of the enforcement of the judgment if the requesting state so requests.section 2 procedure of exequatur art. 105149 competent judge the competent court under article 32 crimpc150 shall inform the convicted person of the applicable procedure, hear him on the matter, as well as his counsel, and decide on enforcement. 149 amended by annex 1 no ii 13 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).150 sr 312.0art. 106 declaration of exequatur 1 the court shall examine ex officio whether the conditions for enforcement are met and gather the necessary evidence.2 if the conditions are met, the court shall declare that the decision may be enforced and take the measures necessary for enforcement.3 the decision shall be made in the form of a judgment containing a statement of the rationale therefor. cantonal law shall provide for an appeal.section 3 enforcement art. 107 execution of the sentence 1 the sentence determined by the court shall be executed in accordance with swiss law.2 execution shall be discontinued if the decision is no longer enforceable in the requesting state. 3 if enforcement relates solely to a decision on costs, the amounts collected after deduction of the costs incurred shall be transferred to the requesting state if it guarantees reciprocity.art. 108 costs in addition to the costs for the execution of the sentence, the costs of exequatur proceedings and other enforcement measures shall also be regarded as costs in accordance with article 31.part six final provisions art. 109 repeal and amendment of current law 1 the federal act of 22 january 1892151 on extradition to foreign states is hereby repealed.2-3 .152151 [bs 3 509]152 the amendments may be consulted under as 1982 846.art. 110 transitional provisions 1 extradition proceedings which are pending on the commencement of this act shall be completed in accordance with the procedural provisions of the federal act of 22 january 1892153 on extradition to foreign states.2 the prosecution and the enforcement of decisions in accordance with parts four and five of this act may be taken over only if the offence to which the request refers was committed after the commencement of this act.3 requests for extradition or other assistance in relation to offences which under article 75bis of the swiss criminal code154 or article 56bis of the military criminal code155 are not subject to a time limit may be granted by the federal council even if, on the date that these provisions come into force, the prosecution or the penalty is time barred. 153 [bs 3 509]154 sr 311.0. presently art. 101 swiss criminal code (as 2006 3459).155 sr 321.0. presently art. 59 of the military penal code (as 2006 3389).art. 110a156 transitional provision for the amendment of 4 october 1996 the provisions of the amendment of 4 october 1996 to this act apply to all proceedings pending when such provisions come into force.156 inserted by no i of the fa of 4 oct. 1996, in force since 1 feb. 1997 (as 1997 114; bbl 1995 iii 1).art. 110b157 transitional provision for the amendment of 17 june 2005 the previous law applies to appeal proceedings against rulings issued by the court of first instance before this amendment comes into force.157 inserted by annex no 30 of the fa of 17 june 2005 on the federal administrative court, in force since 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 111 implementation 1 the federal council shall issue the implementing provisions.2 it may establish a standing committee to examine the question of whether the seriousness of the offence justifies the disclosure of classified information. the members of the committee are bound to secrecy like officials of the confederation.art. 112 commencement and referendum 1 this act is subject to the optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 1983158158 fcd of 24 feb. 1982.

412.101english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon vocational and professional education and training(vocational and professional education and training ordinance, vpeto)of 19 november 2003 (status as of 8 february 2021)the swiss federal council,on the basis of article 65 paragraph 1 of the vocational and professional education and training act of 13 december 20021 (vpeta),ordains:1 sr 412.10chapter 1 general provisions art. 1 cooperation (art. 1 vpeta)1 cooperation between the confederation, the cantons and professional organisations in the area of upper-secondary level vocational education and training (vet) and tertiary-level professional education ensures that learners receive high-level competences that are comparable throughout switzerland and correspond to the needs of the labour market.2 the confederation generally works with national professional organisations that carry out activities all over switzerland. if no such professional organisation exists for a given economic branch, then the federal authorities shall work with:a.organisations that are involved in a similar economic branch; orb.organisations that are involved in a corresponding economic branch at regional level as well as with the cantons concerned.art. 2 research in the area of vocational and professional education and training (vpet) (art. 4 vpeta)1 the state secretariat for education, research and innovation (seri)2 shall encourage swiss vpet research until human resource and organisational capacities reach a sustainable and internationally recognised scientific level.2 ten years after commencement of this ordinance, the confederation shall decide whether vpet research can be considered a branch of general education research and therefore included in existing national research funding structures.3 federally funded vpet research shall be aligned with prevailing conditions applicable to general education research, the education statistics programme and the economic and business world.2 the name of this administrative unit was amended in application of art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937) on 1 jan. 2013. the amendment has been made throughout the text.art. 3 quality improvement (art. 8 vpeta)1 seri shall draft a list of methods designed to ensure improvement of quality within the vpet system. this list shall be reviewed periodically.2 providers of upper-secondary level vet or tertiary-level professional education shall be free to choose from a list of quality improvement methods. the cantons may make a given method mandatory for public-sector providers.3 the quality standards established by seri shall meet current requirements and take account of the needs of various education and training options.art. 4 recognition of non-formal and informal learning (art. 9 para. 2 vpeta)1 recognition of non-formal and informal learning shall be decided by:a.the cantonal authorities when determining whether or not an individual may shorten the duration of a dual-track vet programme;b.the vet school when determining whether or not an individual may shorten the duration of other vet programmes;c.the examining bodies in the case of admittance to qualification procedures.2 the cantons shall establish guidance counselling offices that can help individuals draft assessment portfolios presenting all professional and non-professional experience gained outside formal education pathways. these assessment portfolios shall serve as the basis for the recognition of non-formal and informal learning described in paragraph 1 above.3 the guidance counselling offices shall work with professional organisations and external experts.art. 5 private providers (art. 11 vpeta)when establishing an adequate availability of vet programmes and branch courses, the cantons shall take particular account of courses offered to learners free of charge by private providers.chapter 2 vocational education and training section 1 general provisions art. 6 definitions in implementation of the federal vocational and professional education and training act, or as a complement thereto, the following terms shall be used:a.dual-track vet programme: a vet programme where most learning takes place at a host company or within a host company network;b.school-based vet programme: a vet programme where most learning takes place at a school, namely a trade school or a commercial school;c.host company network: a group of two or more companies that have pooled their resources for the purpose of providing comprehensive and specialised workplace training;d.traineeship: a form of workplace training which, while considered part of a school-based vet programme, takes place outside the school.art. 7 preparation for upper-secondary level vet (art. 12 vpeta)1 after completing compulsory education, pupils may attend pre-vocational courses. these practical and work-related options are intended to prepare pupils for enrolment in upper-secondary level vet.2 pre-vocational courses last no more than one year and are scheduled according to the academic year.3 pupils are assessed at the end of these preparatory courses.art. 8 apprenticeship contract (art. 14 and 18 para. 1 vpeta)1 if several apprenticeship contracts mentioned in article 14 paragraph 2 sentence 2 of vpeta are needed to cover the various portions of workplace training, then all of these contracts must be signed and approved by the cantonal authorities prior to commencement of the first apprenticeship.2 if workplace training takes place within a host company network, then the apprenticeship contract shall be signed by the coordinating company or organisation and the learner.3 the trial period shall run from the apprenticeship start date established in the corresponding apprenticeship contract. if an apprenticeship contract under paragraph 1 has been drafted to cover only a portion of workplace training, then the trial period for that portion shall generally be one month in duration.4 the provisions of the apprenticeship contract shall apply to dual-track vet programmes even when learners start out in a school-based vet programme for an extended period of time. the cantonal authorities may grant exemptions if they can guarantee that learners have received enough practical training while enrolled in the school-based vet programme to complete the dual-track vet programme.5 the host company or host company network shall submit the signed apprenticeship contract to the cantonal authorities for approval prior to commencement of the vet programme.6 the contracting parties shall use the standard contract forms provided to them by the cantons. seri shall ensure that the same contract forms are used throughout switzerland.7 if the parties to the apprenticeship contract intend to extend or reduce the duration of a vet programme as described in article 18 paragraph 1 vpeta, the cantonal authorities shall decide on the matter after discussion with the parties to the apprenticeship contract and the vet school.art. 9 official location of the workplace training segment (art. 16 para. 2 let. a vpeta)1 the official location of the workplace training segment of a dual-track vet programme shall be the main location where workplace training takes place.2 if the legal domicile of the host company and the main location where workplace training takes place are in two different cantons, the main location where workplace training takes place shall be considered as the official location.3 for host company networks, the location used by the coordinating company or organisation shall be considered as the official location.4 if the cantonal authorities are unable to agree on the official location of the workplace training segment, then seri shall decide.art. 10 special requirements for two-year vet programmes (art. 17 para. 2 and 18 para. 2 vpeta)1 compared to three-year and four-year vet programmes, two-year vet programmes provide learners with specific vocational qualifications that are easier to acquire. they take account of the individual capabilities of learners by offering them a particularly broad range of courses and a personalised teaching approach.2 vet ordinances for two-year vet programmes include provisions enabling learners to subsequently enrol in the three-year or four-year vet programme.3 two-year vet programmes may be extended or shortened by no more than one year.4 if a learner runs the risk of not completing a vet programme, the cantonal authorities shall, after listening to the learner and the vet school, decide whether competent individual tutoring should be provided to the learner in question.5 competent individual tutoring not only includes classroom instruction but all relevant areas of training that the learner requires.art. 11 supervision (art. 24 vpeta)1 the cantonal authorities shall refuse to issue vet accreditation or shall revoke already issued vet accreditation if the workplace training proves unsatisfactory, if workplace trainers fail to adhere to legal requirements or if they fail to fulfil their obligations.2 if there is a risk that a learner will be unable to complete a vet programme, the cantonal authorities shall discuss the matter with the people involved and take such steps as are needed to ensure that the learner is able to undergo vocational education and training in accordance with his or her skills and aptitudes.3 if necessary, the cantonal authorities shall recommend that contracting parties revise the apprenticeship contract, or shall help the learner to transfer to another vet programme or learning location.section 2 vet ordinances art. 12 content (art. 19 vpeta)1 vet ordinances shall cover the following aspects mentioned in article 19 paragraph 2 vpeta:a.admission requirements;b.possible ways in which vet programmes may be structured in terms of course content and the level of personal maturity required for a given activity;c.instruments to improve the quality of vet programmes such as training plans and other related instruments;d.possible regional particularities;e.measures to ensure occupational health and safety;f.requirements in terms of content and structure of workplace training in a school within the meaning of article 6 letter b;g.the organisation, duration and content of branch courses and similar third-party training courses and the coordination of these courses with classroom instruction at the vet school.1bis vet ordinances also regulate the composition and tasks of swiss committees for occupation development and quality (codq), which are established for the purpose of developing and improving the quality of vet programmes for specific occupations. the composition of each codq must meet the following criteria:a.one or more representatives of the confederation;b.adequate representation of each of switzerland's linguistic regions.31ter the codq referred to in paragraph 1bis are not extra-parliamentary committees as defined in article 57a of the federal act of 21 march 19974 on the organisation of the government and the administration. they are established by professional organisations, which pay remuneration to committee members.52 as a rule, learners are required to attend a foreign language course. this requirement shall be met in accordance with the needs of the vet programme.3 education regulations that depart from articles 47, 48 letter b and 49 of the federal act of 13 march 19646 on employment in business, trade and industry (employment act, empa), shall require approval from the state secretariat for economic affairs (seco).4 vet ordinances may include provisions regarding special offers that take into account workplace training and classroom instruction.5 .76 education regulations on recognised radiation protection training in accordance with the radiological protection ordinance of 26 april 20178 require approval from the federal office of public health (foph).93 inserted by no i 6.3 of the o of 9 nov. 2011 (review of extra-parliamentary committees), in force since 1 jan. 2012 (as 2011 5227).4 sr 172.0105 inserted by no i 6.3 of the o of 9 nov. 2011 (review of extra-parliamentary committees), in force since 1 jan. 2012 (as 2011 5227).6 sr 822.117 repealed by art. 82 no 3 of the sport promotion ordinance of 23 may 2012, with effect from 1 oct. 2012 (as 2012 3967).8 sr 814.5019 inserted by no ii 1 of the o of 24 oct. 2007 (as 2007 5651). amended by annex 11 no 1 of the radiological protection ordinance of 26 april 2017, in force since 1 jan. 2018 (as 2017 4261).art. 13 requests and enactment (art. 19 para. 1 vpeta)1 professional organisations within the meaning of article 1 paragraph 2 may request that a vet ordinance be enacted.2 the request must be submitted to seri with a written statement of the reasons.3 the participation of the cantons and professional organisations shall be required in order for seri to prepare and enact such vet ordinances.4 seri shall ensure that there is coordination with and between the interested parties and the cantons. if no agreement can be reached, then seri shall decide on the basis of the overall need for vet programmes and any social partnership-related rules.section 3 workplace training art. 14 host company network (art. 16 para. 2 let. a vpeta)1 the companies belonging to a host company network shall formalise their respective tasks and responsibilities in a written contract.2 they shall appoint a member to act as the coordinating company or organisation responsible for drafting and signing apprenticeship contracts and representing the host company network in its dealings with third parties.3 the vet accreditation for the host company network shall be given to the coordinating company or organisation.art. 15 traineeship places (art. 16 para. 1 let. a and 2 let. a vpeta)1 for school-based vet programmes, vet schools shall ensure that the number of traineeship places matches the number of learners. the vet school shall provide the corresponding supervisory authority with proof of this.2 vet schools shall be held accountable to their supervisory authority for the quality of traineeships.3 vet schools shall sign a contract with a host company whereby the latter undertakes to provide workplace training and pay any corresponding wages to learners.4 the host company and the learner shall sign a traineeship contract. this contract must be approved by the supervisory authority if the traineeship is to last for a period exceeding six months.art. 16 practical training provided within the framework of school-based vet programmes (art. 16 para. 2 let. a vpeta)before a school may obtain vet accreditation to provide practical training within the framework of a school-based vet programme, the cantonal authority shall contact the corresponding professional organisations to make sure that the practical training offered by the school corresponds to the needs of the labour market.section 4 classroom instruction art. 17 vet schools (art. 21 vpeta)1 following consultation with the corresponding professional organisations, the vet school shall structure vet programmes into coherent modules. when doing so, the vet school shall take account of the skills and competences required for the occupation as well as the specific needs of learners.2 the vet school shall designate a person whom learners and, if necessary, the host company may contact.3 if poor performance in the classroom instruction segment compromises the learner's ability to successfully complete the dual-track vet programme or if the learner's conduct is unsatisfactory, the vet school shall first discuss the matter with the learner and then contact the host company.art. 18 mandatory classroom instruction (art. 21 vpeta)1 learners who undergo workplace training at a host company are also required to attend classes at the vet school at least one day per week. if learners are required to attend classes for more than one day per week, then these classes must be scheduled in a contiguous fashion.2 no school day may comprise more than nine lessons, including optional courses and remedial courses.3 vet schools shall decide whether to grant or refuse requests by learners to be dispensed from attending mandatory classes. if dispensing learners will also have an impact on the qualification procedure, then the decision shall be made by the cantonal authorities.art. 19 language, communication and society (lcs) (art. 15 para. 2 let. b vpeta)1 seri shall establish the minimum requirements for lcs subjects taught in two-year, three-year and four-year vet programmes.2 these minimum requirements shall be set forth in a federal core syllabus or, if special needs so require, in vet ordinances.art. 20 optional courses and remedial courses (art. 22 para. 3 and 4 vpeta)1 optional courses and remedial courses given by the vet school shall be scheduled so as not to have a negative impact on workplace training. during working hours, these courses should not take up more than a half a day per week on average.2 the need to attend remedial courses shall be reviewed periodically.3 if learner performance or conduct at the vet school or host company is unsatisfactory, the vet school shall, in consultation with the host company, exclude the learner from optional courses. in the event of disagreement, the cantonal authorities shall decide on the matter.4 vet schools shall ensure that there is a well-balanced offering of optional and remedial courses. in particular, vet schools shall offer optional language courses.section 5 branch courses and similar third-party training courses (art. 23 vpeta)art. 21 1 the cantons shall provide funding to professional organisations in support of their efforts to sponsor branch courses and similar third-party training courses.2 the contribution paid by companies to cover the costs of branch courses and similar third-party training courses may not exceed the total cost of the said courses.3 the host company shall pay learner costs in relation to attendance of branch courses and similar third-party training courses.section 6 federal vocational baccalaureate (art. 25 vpeta)art. 2210 the federal vocational baccalaureate (fvb) is governed by the vocational baccalaureate ordinance of 24 june 200911.10 amended by art. 35 para. 2 of the vocational baccalaureate ordinance of 24 june 2009, in force since 1 aug. 2009 (as 2009 3447).11 sr 412.103.1chapter 3 professional education art. 23 general provisions (art. 27 vpeta)1 if there is an initial and more advanced federal professional examination for a given professional field, then the requirements for the more advanced of the two examinations will be higher.2 tertiary-level professional competences shall be based on internationally accepted standards.art. 24 sponsorship of federal professional examinations (art. 28 para. 2 vpeta)1 professional organisations within the meaning of article 1 paragraph 2 may request approval of federal professional examinations.2 for this purpose, the professional organisations shall set aside the funds needed to offer and organise federal professional examinations.3 organisations that offer the corresponding federal professional examinations shall have the opportunity to act as sponsors.4 the sponsorship agreement shall establish the rights and obligations of the organisations sponsoring federal professional examinations, in keeping with their size and economic capacity.art. 25 prerequisites for approval of federal professional examinations (art. 28 para. 3 vpeta)1 seri shall approve only one initial and one advanced federal professional examination per professional field within a given economic branch.2 seri shall verify that:a.there is a public interest;b.there is no conflict with education policy or other public interest;c.there are enough sponsors to ensure that the examinations can be held all over switzerland for the long-term;d.the content of the examinations matches the competences needed for the occupation;e.the title is clear, not misleading and cannot be mistaken for a title of any other qualification.art. 26 procedure for obtaining authorisation (art. 28 para. 3 vpeta)1 the group of sponsors shall submit draft examination regulations to seri for approval.2 seri shall coordinate the content of examination regulations for related professions.3 seri may decide to consolidate examinations for specialised fields and areas of study that overlap.4 if the draft examination regulations meet established criteria, seri shall publish the approved examination regulations in the federal gazette and fix a 30-day period for objections.5 objections to the examination regulations must be submitted to seri in writing and include reasons justifying the objection.art. 27 supervision (art. 28 para. 2 and 3 vpeta)if the group of sponsors fails to adhere to examination regulations after receiving a warning, seri may decide to transfer the rights to organise examinations to another group of sponsors or may revoke its approval of the examination regulations.art. 28 professional education institutions (art. 29 para. 3 vpeta)professional education institutions shall be regulated by an ordinance of the federal department of economic affairs, education and research (eaer)12 on study programmes at professional education institutions.12 the name of this administrative unit was amended in application of art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937) on 1 jan. 2013. the amendment has been made throughout the text.art. 28a13 13 inserted by no i of the o of 15 sept 2017 (as 2017 5147). repealed by annex no 1 of the o of 14 dec. 2018, with effect from 1 feb. 2019 (as 2019 155).chapter 4 job-related continuing education and training (art. 32 vpeta)art. 29 1 the confederation shall take part in measures relating to the coordination, quality and transparency of continuing education and training courses that are of use to a given occupation or profession and can be offered at the national level or within a specific linguistic region.2 public-run structures and training courses shall, wherever possible, be made available as labour market measures under the unemployment insurance act of 25 june 198214.14 sr 837.0chapter 5 qualification procedures, qualifications and titles art. 30 qualification procedure requirements (art. 33 and 34 para. 1 vpeta)1 qualification procedures must:a.be aligned with qualification targets established in the relevant vet ordinances;b.assess verbal, written and practical aspects that are judged according to the specific features of the corresponding qualification field and take account of school education and practical experience;c.use competence assessment approaches that are appropriate and suited to the target group.2 a final interdisciplinary examination or equivalent qualification procedure shall be required if the competence assessment is being performed for the purpose of issuing a qualification.art. 31 other qualification procedures (art. 33 vpeta)1 other qualification procedures include procedures that are generally not covered by vet ordinances but are nevertheless suitable for competence assessment.2 the qualification procedures referred to in paragraph 1 may be standardised for specific groups of people and regulated in corresponding vet ordinances.art. 32 other prerequisites (art. 34 para. 2 vpeta)if competences were obtained outside an established course of study, only candidates who have at least five years of professional experience may be permitted to undergo qualification procedures.art. 33 repeating qualification procedures 1 candidates may repeat qualification procedures no more than twice. parts of qualification procedures that candidates have passed need not be repeated. vet ordinances may provide for stricter requirements for repeating qualification procedures.2 schedules for repeating qualification procedures must be arranged in such a way as to ensure that the bodies responsible for organising the qualification procedures do not incur disproportionate costs.art. 34 assessment (art. 34 para. 1 vpeta)1 qualification procedure performance shall be expressed as a score in whole integers or half-integers. 1 is considered the lowest score and 6 the highest. scores under 4 are considered unsatisfactory.2 scores other than half-integers shall only be permitted for averages calculated on the basis of individual positions in corresponding vet ordinances. averages shall be rounded up or down to no more than one decimal place.3 vet ordinances may also provide for other assessment systems.art. 35 final examinations for upper-secondary level vocational qualifications (art. 17 vpeta)1 cantonal authorities shall appoint examiners to organise final examinations upon completion of vet programmes. the corresponding professional organisations shall have the right to propose examiners.2 during the qualification procedure, examiners shall write down the results, their observations and any objections raised by the candidates.3 candidates with disabilities shall be given the special aids or additional time that they may reasonably require.4 in fields taught in two languages, all or part of the examination may be given in the second language.5 the bodies responsible for organising the examination shall decide whether the candidate may be issued the corresponding upper-secondary level vocational qualification.art. 36 federal professional examinations for tertiary-level professional qualifications (art. 43 para. 1 and 2 vpeta)1 the body responsible for the federal professional examination shall decide which candidates may be admitted to the qualification procedure and whether they may obtain the corresponding tertiary-level professional qualification.2 tertiary-level professional qualifications shall be issued by seri. qualification holders shall be free to decide which official language they would like their qualification to be issued in.3 tertiary-level professional qualifications shall be signed by the chairperson of the body responsible for organising the corresponding federal professional examination as well as by a member of seri executive management.1515 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).art. 37 register (art. 43 para. 3 vpeta)1 seri's register of holders of tertiary-level professional qualifications shall contain the following information:a.surname and first name;b.date of birth;c.hometown (for swiss nationals) or citizenship (for foreign nationals);d.place of residence at the time the examination was taken;e.year when the examination was taken.2 seri may publish in a suitable manner the data mentioned in paragraph 1 letters a, d and e as well as the date of birth of the qualification holder.3 seri shall obtain the consent of the person concerned before the data mentioned in paragraph 2 above is published. qualification holders shall be free to withhold their consent without stating their reasons or withhold this consent at a later time.art. 38 titles and list of vocational and professional qualifications (art. 19 para. 2 let. e, 28 para. 2 and 29 para. 3 vpeta)161 seri shall publish a list in electronic form17:a.of protected titles of upper-secondary level vocational and tertiary-level professional qualifications in the three official languages of the confederation; english titles may also be used if they have a single internationally recognised meaning;b.of partners to which each protected title is assigned.182 at the request of qualification holders, seri shall issue a document in english describing the content of the training or specific competences. .1916 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).17 the list is available at: www.bvz.admin.ch18 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).19 sentence repealed by annex no 2 of the ofpet ordinance of 16 june 2006, with effect from 1 aug. 2006 (as 2006 2639).art. 39 cost sharing (art. 41 vpeta)1 the cost of materials and rental space is not covered by the examination fees mentioned in article 41 vpeta and must be paid for in part or in full by the host companies themselves.2 if qualification procedures are organised for individuals who have not undergone formal vocational education and training, the authority may require that the candidates themselves pay all or part of the associated costs.3 the rules on sharing the costs of qualification procedures organised for individuals who lack formal vocational qualifications must be submitted to seri for approval, as long as the qualification procedures are not organised at the cantonal level.4 the income from fees charged for federal professional examinations may not exceed the full costs incurred by the group of sponsors, calculated on the basis of a six-year average, including sums allocated to a reserve fund.chapter 6 vpet professionals section 1 general provisions art. 40 vet professionals (art. 45 para. 3 and 46 para. 2 vpeta)1 individuals who provide workplace training or classroom instruction within the framework of vet programmes must have an adequate level of training, as determined by the minimum requirements under articles 44-47. this level of training shall be attested by means of:a.a federally issued or recognised degree; orb.a certificate for workplace trainers who have undergone a 40-hour course. 2 individuals who do not meet the minimum requirements at the time they begin to carry out their activities must obtain the corresponding qualifications within five years.3 the cantonal authorities shall, after consulting with the providers of the corresponding education and training programme, decide on technical equivalences of individual vet professionals.4 for specific occupations, minimum education and training requirements may be higher than those established by this ordinance. these requirements shall be established in corresponding vet ordinances.art. 41 teachers at professional education institutions (art. 29 para. 3 and 46 para. 2 vpeta)the eaer shall establish the minimum requirements for teachers at professional education institutions.art. 42 learning hours 1 learning hours shall include hours of attendance, the average amount of time needed for self-study and training, personal or group projects, other events organised as part of the education and training programme, periodic testing to monitor progress and qualification procedures, practical use of skills acquired and guided apprenticeships.2 learning hours may be broken down into modules using a standard credit-based system; fractions of credits shall be rounded up.art. 43 continuing training of vpet professionals (art. 45 vpeta)continuing training of vpet professionals shall be subject to the quality improvement measures mentioned in article 8 vpeta.section 2 minimum requirements for workplace training and classroom instruction art. 44 workplace trainers in host companies (art. 45 vpeta)1 workplace trainers in host companies must have:a.a federal vet diploma or equivalent qualification in the field in which they will be training others;b.two years of practical experience in the field in which they will be training others;c.a vocational pedagogy qualification equivalent to 100 learning hours.2 successful completion of a 40-hour course may be used instead of the learning hours mentioned in paragraph 1 letter c. a course certificate shall be issued to confirm completion of the 40-hour course.art. 45 branch course instructors (art. 45 vpeta)instructors for branch courses and similar third-party training courses, trade schools and other recognised institutions providing workplace training must have:a.a tertiary-level professional qualification or equivalent qualification in the field in which they will be training others;b.two years of practical experience in the field in which they will be training others;c.completed vocational pedagogy training covering a total of:1.600 learning hours for full-time workplace trainers,2.300 learning hours for part-time workplace trainers.art. 46 teachers responsible for classroom instruction and preparing learners for the fvb examination (art. 46 vpeta)1 the following requirements must be met by teachers responsible for classroom instruction and preparing learners for the fvb examination:a.completed vocational pedagogy training at a higher education institution;b.obtained a tertiary-level degree in a specialised field;c.have six months of work experience.2 the following requirements must be met in order to teach vocational subjects within the framework of a vet programme:a.a tertiary-level qualification, whether it be a professional qualification or a higher education qualification;b.successful completion of vocational pedagogy training covering a total of: 1.1800 learning hours for full-time teachers,2.300 learning hours for part-time teachers.3 the following requirements must be met in order to teach lcs subjects, sport or courses in fields for which higher education studies are required:a.obtained a teacher's certificate for compulsory education, a teacher's certificate for lcs subjects or sport education (in accordance with training plan for vet programme), and vocational pedagogy training covering a total of 300 learning hours; or b.obtained a baccalaureate school teacher's certificate and successfully completed vocational pedagogy training covering a total of 300 learning hours; orc.successfully completed corresponding higher education studies as well as vocational pedagogy training covering a total of 1800 learning hours.2020 amended by art. 82 no 3 of the sport promotion ordinance of 23 may 2012, in force since 1 oct. 2012 (as 2012 3967).art. 47 part-time training and teaching (art. 45 and 46 vpeta)1 the part-time trainers and teachers are individuals who train and teach others in addition to their work in the corresponding field.2 the individual's main job takes up at least half of the standard workweek.3 individuals who train or teach less than an average of four hours per week shall not be subject to the provisions of article 45 letter c and article 46 paragraph 2 letter b no. 2.section 3 vocational pedagogy training art. 48 course content (art. 45 and 46 vpeta)vocational pedagogy training programmes shall be based on the context of the locations where workplace training and classroom instruction take place. it shall include the following aspects:a.vpet system and associated context: vpet system, legal basis, guidance counselling services;b.learners: job-related socialisation of young people and adults within the company, school and society;c.teaching and learning: planning, carrying out and assessing learning activities, providing support and assistance to learners as they make their way through the training and learning process, assessing and selecting learners on the basis of a full range of aptitudes;d.applying what they have learnt to workplace training programmes or to classroom instruction;e.understanding the role of the teacher/trainer, maintaining business and academic contacts, establishing one's own continuing training programme;f.interacting with learners, working with their legal representatives, government officials, host companies, vet schools and other learning locations;g.general topics such as work-oriented mentality, ethics, gender issues, health, multiculturalism, sustainability, occupational safety.art. 49 core syllabuses (art. 45 and 46 vpeta)1 seri shall establish core syllabuses for the qualification of vpet professionals. these core syllabuses shall determine the amount of time devoted to the various modules, course content as well as the practical skills and competences required of vpet professionals.2 the corresponding institution shall organise courses of study. these courses of study shall combine subject matter expertise with vocational pedagogy skills.section 4 courses for examiners (art. 47 vpeta)art. 50 seri shall work on courses for examiners with cantonal authorities and the professional organisations responsible for qualification procedures. seri shall also ensure that examiners enrol in these courses.section 5 federal recognition of qualifications art. 51 responsibilities and applications (art. 45 and 46 vpeta)1 federal recognition of qualifications relating to courses of study for vet professionals shall be determined by:a.the cantons, for courses of study intended for workplace trainers in host companies, unless the courses of study in question are organised throughout switzerland;b.seri, for courses of study intended for workplace trainers in host companies or other courses of study, if the courses of study are organised throughout switzerland.2 in order to obtain recognition, documents containing the following information must be submitted:a.offer of services;b.teaching qualifications;c.funding;d.quality improvement.art. 52 requirements for the recognition of qualifications (art. 45 and 46 vpeta)qualifications shall be recognised if:a.the intended training programme matches the core syllabuses mentioned in article 49;b.the training programme can be implemented smoothly.section 6 art. 53 and 5421 21 repealed by annex no 1 of the o of 14 dec. 2018, with effect from 1 feb. 2019 (as 2019 155).chapter 7 vocational, educational and career guidance art. 55 principles (art. 49 vpeta)1 in collaboration with partners, vocational, educational and career guidance counsellors help individuals to prepare for, choose and shape their careers.2 guidance covers the provision of general information about existing education and training programmes as well as specific information and advice based on individual needs.3 personal advice is intended to enable persons seeking advice to make informed vocational, educational and career decisions based on their specific skills and aptitudes as well as on the needs of the labour market.art. 56 minimum requirements for specialised training of guidance counsellors (art. 50 vpeta)1 specialised training of vocational, educational and career guidance counsellors shall be provided by a higher education institution or by an institution recognised by seri.2 specialised training shall cover:a.600 learning hours for learners who have already earned a tertiary-level higher education qualification and 1800 learning hours for all other learners;b.traineeships lasting a total of twelve weeks.3 in order to teach, teachers must have a qualification in vocational, educational and career guidance awarded by a higher education institution or a federally recognised institution and must be able to certify their methodological and didactic skills.4 for other types of degrees, seri shall decide on a case-per-case basis.art. 57 course content (art. 50 vpeta)1 specialised training for vocational, educational and career guidance counsellors shall cover the following areas:a.people as individuals: developmental, learning and personality psychology;b.people and society: sociological, legal and economic principles;c.people and work: education system, choice of occupation and studies, career studies, occupational psychology and labour market;d.working methods: counselling, diagnostics, preparing individuals for career choices, performance review, documentation and public relations;e.understanding of tasks: professional ethics, professional identity, quality improvement.2 training shall cover the essential aspects of providing orientation to young people, educational guidance, career guidance to adults as well as guidance to individuals with disabilities.art. 58 access to qualification procedures and issuance of corresponding qualifications (art. 50 vpeta)1 education and training institutions shall decide whether candidates may gain access to qualification procedures. when doing so, these institutions shall also consider competences obtained outside their own education and training programmes.2 individuals who successfully complete qualification procedures shall be awarded a qualification from the education and training institution and shall have the right to use the title certified vocational, educational and career guidance counsellor.chapter 8 confederation's share of vpet costs; vpet fund section 1 common provisions art. 59 assessment base used to determine the portion of federal funding (art. 52 para. 1 and 59 para. 2 vpeta)1 the confederation's share of vpet costs relating to the tasks mentioned in vpeta shall be calculated on the basis of the average net cost to the confederation in the previous four calendar years.2 net costs are determined by calculating the full costs and subtracting the revenues.3 net costs shall not include the following:a.costs incurred by implementation authorities;b.workplace and payroll costs for learners working within the federal administration or public corporations.art. 60 reporting of cantonal costs (art. 53 para. 2 vpeta)1 by 1 july of each year, the cantons shall inform seri of the net costs that they and the communes incurred in the previous year in relation to vpet.2 the costs shall be broken down according to the tasks mentioned in article 53 paragraph 2 vpeta. the costs associated with school-based vet programmes must be presented separately.3 seri may establish other breakdown criteria in corresponding guidelines.art. 61 breakdown of federal subsidies (art. 52 vpeta)22federal subsidies shall be allocated as follows:a.subsidies under article 4 paragraph 2 and article 48 vpeta;b.subsidies under article 54 and article 55 vpeta;c.23subsidies under articles 56 and 56a vpeta;d.lump-sum subsidy mentioned in article 53 vpeta.22 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).23 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).section 2 lump-sum funding (art. 53 vpeta)art. 62 1 federal lump-sum funding provided to the cantons under article 53 vpeta shall be divided as follows:a.one portion for the costs of school-based vet programmes;b.one portion for the costs of dual-track vet programmes.2 the portion referred to in paragraph 1 letter a shall be distributed among the cantons on the basis of the number learners enrolled in school-based vet programmes, the portion referred to in paragraph 1 letter b shall be distributed among the cantons on the basis of the number of learners enrolled in dual-track vet programmes. the frame of reference shall be the average amount of lump-sum funding granted over the past four years.3 cantons that do not offer professional education or job-related cet shall receive a commensurately smaller lump-sum payment.4 .245 seri shall make lump-sum payments twice per year.24 repealed by no i 1 of the o of 7 nov. 2007 on the new system of fiscal equalisation and division of tasks between the confederation and cantons, with effect from 1 jan. 2008 (as 2007 5823).section 3 federal subsidies for projects to develop the vpet system and improve quality as well as specific activities that serve the public interest25 25 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).art. 63 federal subsidies for projects to develop the vpet system and improve quality (art. 4 and 54 vpeta)261 federal subsidies for projects that seek to develop the vpet system in accordance with article 54 vpeta shall cover no more than 60 per cent of the total corresponding expenditure. in justifiable cases, this threshold may be extended to a maximum of 80 per cent.2 federal subsidies shall be granted as follows:a.for studies and pilot projects: on the basis of how well they can measure the feasibility and effectiveness of new education measures in the field or how well they can implement reforms;b.for the creation of new more efficient structures: on the basis of whether various partners are willing to join an independent body responsible for new vpet-related fields.3 projects shall be subsidised for a period not exceeding four years. this funding may be extended for a maximum of one more year.26 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).art. 64 federal subsidies for specific activities that serve the public interest (art. 55 vpeta)1 federal subsidies for specific activities that serve the public interest in accordance with article 55 vpeta shall cover no more than 60 per cent of the total corresponding expenditure. in justifiable cases, this threshold may be extended to a maximum of 80 per cent.1bis specific activities that serve the public interest also include measures and projects related to international vpet cooperation that serve to improve the swiss vpet system.272 subsidy amounts shall vary according to:a.the degree of interest;b.the likelihood that applicants will provide services themselves;c.the urgency of the measure.3 activities shall be subsidised for a period not exceeding five years. this period may be extended.27 inserted by no i of the o of 25 sept. 2015, in force since 1 jan. 2016 (as 2015 3807).section 4 subsidies for federal professional examinations and study programmes at professional education institutions28 28 inserted by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).art. 6529 subsidies for federal professional examinations (art. 56 vpeta)1 the federal subsidies mentioned in article 56 vpeta for federal professional examinations shall cover no more than 60 per cent of the corresponding expenditure.2 a special subsidy of up to 80 per cent of the corresponding expenditure may be granted for examinations that are particularly costly for technical reasons. when applying for a special subsidy, the reasons justifying the application must be given.29 amended by no i of the o of 14 nov. 2012, in force since 1 jan. 2013 (as 2012 6473).art. 65a30 subsidies for study programmes at professional education institutions (art. 56 vpeta)1 the subsidies mentioned in article 56 vpeta for study programmes at professional education institutions shall cover no more than 25 per cent of the corresponding expenditure.2 subsidies for study programmes at professional education institutions shall be provided if:a.the study programmes are created by professional organisations whose activities are carried out at national level, for the whole of switzerland; andb.the study programmes do not already benefit from cantonal subsidies.30 inserted by no i of the o of 14 nov. 2012, in force since 1 jan. 2013 (as 2012 6473).section 5 procedure for handling funding requests (art. 57 vpeta)31art. 66 .32 1 seri shall establish guidelines for funding requests, budgeting and the calculation of project costs under articles 54-56 vpeta.2 seri shall submit incoming funding requests to the federal commission for vocational and professional education and training (ebbk) to obtain its opinion. for the projects mentioned in article 54 vpeta, only projects whose total cost exceeds chf 250,000 shall be submitted.3 for the projects mentioned in articles 54-56 vpeta, seri shall provide the following information in its decision regarding the subsidy:a.amount of subsidy granted;b.measures to monitor achievement of the goals established;c.procedure to be followed in the event of unforeseen circumstances;d.assessment of action taken.4 for projects mentioned in article 54 vpeta, seri shall provide the following information in its decision regarding the subsidy:a.the various steps to be followed for projects whose expected duration exceeds one year;b.follow-up and implementation measures;c.information on results and dissemination.32 repealed by no i of the o of 15 sept 2017, with effect from 1 jan. 2018 (as 2017 5147).31 inserted by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).section 633 subsidies for completion of preparatory courses for federal professional examinations 33 inserted by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).(art. 56a und 56b vpeta)art. 66a subsidy applications and timeframes 1 persons who complete preparatory courses for federal professional examinations may apply to seri for a federal subsidy.2 as a rule, the subsidy application is submitted after the person has taken the federal professional examination. 3 if the prerequisites under article 66e are met, then it is possible for the person to request that part of the subsidy be paid before he/she has taken the federal professional examination. art. 66b subsidy application submitted after person has taken a federal professional examination the subsidy application submitted after a person has taken a federal professional examination shall include the following:a.information about the applicant;b.the invoices issued by the provider of the preparatory course indicating the course fees to be paid by the course participant; c.the certificate issued by the provider of the preparatory course confirming that the course participant has paid the course fees; d.the examination report indicating whether the course participant obtained a passing or failing score on the federal professional examination.art. 66c eligibility criteria for payment of a subsidy after taking the federal professional examination 1 seri shall pay a subsidy if: a.the person completing the preparatory course has his/her tax domicile in switzerland on the date of issuance of the examination report attesting to the pass/fail score obtained on the federal professional examination;b.the completed preparatory course:1.was included in the official list of preparatory courses for federal professional examinations under article 66g in the year in which the course began, and2.was attended not longer than seven years prior to issuance of the examination report attesting to the pass/fail score obtained on the federal professional examination;c.the eligible course fees exceed a total of chf 1000;d.the provider of the preparatory course issues a certificate indicating that the person completing the preparatory course has paid the course fees and that this certificate has not already been submitted in relation to another application or request; e.a federal professional examination was taken; f.the application was submitted within a period of two years prior to issuance of the examination report attesting to the pass/fail score obtained on the federal professional examination.2 seri shall only pay the subsidy to the person who completed the preparatory course.art. 66d application for partial payment of the subsidy to the person taking the federal professional examination 1 the application for partial payment of the subsidy to the person taking the federal professional examination includes:a.information about the applicant;b.a written commitment to seri:1.that the person will take the federal professional examination, and 2.that the person will produce the examination report attesting to the pass/fail score obtained on the federal professional examination no later than five years after the first subsidy application was submitted;c.the invoice issued by the provider of the preparatory course indicating the course fees to be paid by the course participant;d.the confirmation issued by the provider of the preparatory course confirming that the course participant has paid the eligible course fees; e.proof that, according to the last legally binding tax assessment, the applicant was required to pay less than chf 88 in direct federal taxation. 2 several applications may be submitted for partial payment of the subsidy. any remaining amounts may be applied for as soon as the person submits the examination report attesting to the pass/fail score obtained on the federal professional examination.art. 66e prerequisites for partial payment of the subsidy, invoicing and reclaiming 1 seri shall make partial payment of the subsidy if: a.the applicant has his/her tax domicile in switzerland on the date when the application is submitted; b.a commitment within the meaning of article 66d paragraph 1 letter b has been signed; c.the completed preparatory course: 1.was included in the official list of preparatory courses for federal professional examinations under article 66g in the year in which the course began, and2.was attended no longer than two years before the subsidy application was submitted;d.the eligible course fees per application exceed chf 3500;e.the provider of the preparatory course issues a certificate indicating that the course participant has paid the eligible course fees and that this certificate has not already been submitted in relation to another application or request; f.according to the last legally binding tax assessment, the applicant was required to pay less than chf 88 in direct federal taxation.2 as soon as seri receives the examination report attesting to the pass/fail score obtained on the federal professional examination as well as any other attestations, seri shall issue a final account and pay all remaining amounts upon request up to the upper threshold. 3 these subsidy payments shall be made exclusively to the course participant. 4 if seri does not receive the examination report attesting to the pass/fail score obtained on the federal professional examination within the timeframe mentioned in article 66d paragraph 1 letter b number 2, then any subsidy amounts paid in advance must be paid back. the provisions of the federal act of 5 october 199034 on financial assistance and subsidies shall apply. 34 sr 616.1art. 66f subsidy amount, upper threshold and eligible course fees 1 the subsidy amount for subsidy applications under article 66b and for subsidy applications under article 66d shall be 50 per cent of eligible course fees.2 the upper threshold for eligible course fees per eligible person and qualification shall be: a.for level-one federal professional examinations: chf 19 000;b.for level-two federal professional examinations: chf 21 000.3 only the portion of the course fees that is directly used to impart knowledge required for federal professional examinations is considered eligible for a subsidy. expenses for travel, food and accommodation are not considered as eligible.4 course fees that were reduced by virtue of the intercantonal agreement of 22 march 201235 on funding contributions for study programmes at professional education institutions (ica-pei) are not eligible.35 may be found on the website of the conference of cantonal ministers of education (edk) at www.edk.ch > arbeiten > finanzierungs-vereinbarungen > hhere fachschulenart. 66g list of preparatory courses 1 seri shall maintain a list of preparatory courses for federal professional examinations. this list shall be included in the ordinance and published by reference (art. 5 para. 1 let. c of the federal act of 18 june 200436 on the compilations of federal legislation and the federal gazette). this list shall be accessible in electronic form37. seri shall update this list on an annual basis.2 providers wishing to have their preparatory courses included in this list must satisfy the following conditions:a.their legal domicile must be in switzerland; and b.provide guarantees that the imposed obligations (art. 66i) have been met.3 providers shall register with seri and provide the necessary information and supporting documents. 4 seri shall include a preparatory course in the list if the following prerequisites have been met:a.the course takes place in switzerland;b.the course content prepares students directly for a federal professional examination and covers all or part of the required competences.5 in justified exceptional cases, in particular when switzerland lacks a corresponding preparatory course, then the list may include a preparatory course that does not take place in switzerland or a preparatory course offered by a provider whose legal domicile is outside of switzerland.6 a preparatory course appearing in the list must be confirmed annually by the course provider in order to appear on the list in the following year. 36 sr 170.51237 this list may be found at: www.sbfi.admin.ch/hbb-finanzierungart. 66h spot checks seri shall carry out spot checks to verify the provider's information under article 66g paragraphs 2 and 4 and article 66i paragraph 1. art. 66i obligations of course providers and penalties 1 the course provider shall issue a confirmation form to the participant using a template provided by seri. this confirmation form shall contain an accurate representation of: a.total course fees; b.eligible course fees;c.the eligible course fees paid by the participant. 2 the course provider shall cooperate in the case of spot checks. 3 if a course provider makes false statements, does not use the template referred to in paragraph 1, does not follow instructions or does not deliver the supporting documents required during spot checks by the specified deadline, then seri may remove the relevant course or all courses offered by the provider from the list. 4 if a course provider intentionally provides false information, seri may also bar the provider from being included in the list for an additional year. art. 66j delegation of tasks (art. 56b and 67 vpeta)1 seri may delegate the tasks referred to in this section to professional organisations.2 the said delegation of tasks shall take place by virtue of a performance agreement.section 7 reduction or withholding of federal funding (art. 58 vpeta)38art. 67 the reduction or withholding of federal subsidies mentioned in article 58 vpeta shall depend on the severity of the breach of obligations on the part of the subsidy recipient. the reduction may not exceed one-third of the funding granted.38 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).section 8 vpet fund39 39 amended by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147). art. 68 request for mandatory status (art. 60 vpeta)401 requests to make a vpet fund mandatory may be submitted by:a.professional organisations whose activities are carried out at national level, for the whole of switzerland and for all companies in a given economic branch; orb.professional organisations whose activities are carried out at regional level for the companies in the given economic branch in the corresponding region.2 the request shall be sent to seri in writing and shall include the following information:a.measures to be encouraged;b.how contributions to the fund shall be obtained;c.name of the branch;d.if necessary, regional boundaries;e.distinction between the services to be rendered by the fund in question compared to other vpet funds.3 the professional organisation is deemed to have its own training institutions for the purposes of article 60 paragraph 4 letter b vpeta when it directly or indirectly offers vet, professional education and/or cet courses in the economic branch.4 - 7 .4140 inserted by no i of the o of 3 dec. 2010, in force since 1 jan. 2011 (as 2010 6005).41 repealed by no i of the o of 3 dec. 2010, with effect from 1 jan. 2011 (as 2010 6005).art. 68a42 collection of contributions (art. 60 vpeta)1 the professional organisations shall bill affiliated companies for their contributions.4 companies that already provide services mentioned in article 60 paragraph 6 vpeta shall pay the difference between the cost of the services already rendered and the contribution to the mandatory vpet fund. the difference shall be calculated on the basis of the proportion of the contribution corresponding to the services in question.3 the professional organisation shall issue a formal demand for the contribution if a company so requests or does not pay.4 a legally valid demand for a contribution is equivalent to an enforceable court order in terms of article 80 of the federal act of 11 april 188943 on debt enforcement and bankruptcy.42 inserted by no i of the o of 3 dec. 2010, in force since 1 jan. 2011 (as 2010 6005).43 sr 281.1art. 68b44 checks on use, accounting and auditing (art. 60 vpeta)1 the use of sums drawn from the vpet fund shall be checked on a regular basis.2 accounting-related matters for vpet funds declared mandatory by the federal council is subject to the provisions contained in articles 957-964 of the swiss code of obligations 45.3 the accounts of vpet funds declared mandatory by the federal council shall be audited by an independent auditing firm on a yearly basis. auditor's reports shall be sent to seri for information.44 inserted by no i of the o of 3 dec. 2010, in force since 1 jan. 2011 (as 2010 6005). the previous art. 68 abs. 5-7 have become paras. 1-3 of this article.45 sr 220chapter 9 recognition of foreign qualifications46 46 amended by annex no 2 of the o of 12 nov. 2014 to the higher education act, in force since 1 jan. 2015 (as 2014 4137). art. 6947 comparison (art. 68 vpeta)on request, seri or a third party (under art. 67 vpeta) will compare a foreign qualification with a corresponding swiss vocational or professional qualification if:a.the foreign qualification complies with national legal or governmental regulations and was issued by the corresponding authority or institution of the country of issuance; andb.the holder of the foreign qualification demonstrates proficiency in an official language of the confederation that is required in order to work in the profession concerned in switzerland.47 amended by annex no 2 of the o of 12 nov. 2014 to the higher education act, in force since 1 jan. 2015 (as 2014 4137).art. 69a48 regulated occupations and professions (art. 68 vpeta)1 seri or a third party will recognise a foreign qualification as equivalent to a corresponding swiss qualification for a regulated occupation or profession if the following criteria are met:a.same level of training;b.same duration of training;c.comparable training content;d.the foreign training programme covers both theoretical and practical aspects or considerable work experience is involved.2 if the foreign qualification authorises the holder to carry out the given occupation or profession in the country of issuance but the criteria in paragraph 1 above are not met, seri or a third party, if necessary in cooperation with experts, shall decide on measures to be taken to compensate for the difference between the foreign qualification and the corresponding swiss qualification (compensatory measures), namely in the form of an aptitude test or a special adaptation course. if comparison shows that the training obtained in the foreign country is largely similar to what the person would have obtained in switzerland, then there is no need for such compensatory measures to be taken.3 the costs for compensatory measures are paid by the holder of the foreign qualification.48 inserted by annex no 2 of the o of 12 nov. 2014 to the higher education act, in force since 1 jan. 2015 (as 2014 4137).art. 69b49 non-regulated occupations and professions (art. 68 vpeta)1 if the criteria set out in article 69a para 1 let. a and b are met for a non-regulated occupation or profession, seri or a third party will determine what level the foreign qualification holds within the swiss education system and will issue a level certificate.2 if all of the criteria set out in article 69a para 1 are met, seri or a third party shall recognise the foreign qualification.49 inserted by annex no 2 of the o of 12 nov. 2014 to the higher education act, in force since 1 jan. 2015 (as 2014 4137).art. 69c50 50 originally: art. 69a. inserted by no ii of the o of 14 sept. 2005 (as 2005 4645). repealed by annex no 2 of the o of 21 dec. 2016, with effect from 1 jan. 2017 (as 2016 5113).art. 7051 51 repealed by annex no 2 of the o of 12 nov. 2014 to the higher education act, with effect from 1 jan. 2015 (as 2014 4137).chapter 10 final provisions section 1 implementation art. 71 seri (art. 65 vpeta)1 seri shall implement this ordinance, unless responsibility for implementation is assigned elsewhere.2 seri shall act as the point of contact for the mutual recognition of qualifications by virtue of the following international agreements:a.bilateral agreement of 21 june 199952 between the swiss confederation and the european union and its member states on the free movement of persons;b.convention of 4 january 196053 establishing the european free trade association.52 sr 0.142.112.68153 sr 0.632.31art. 71a54 seri fees seri fees charged for rendering first instance decisions and services shall be governed by the seri ordinance of 16 june 200655 on fees.54 inserted by annex no 2 of the seri ordinance of 16 june 2006, in force since 1 aug. 2006 (as 2006 2639).55 sr 412.109.3art. 72 right of access and right to information (art. 65 para. 4 vpeta)1 persons entrusted with implementation tasks may attend vpet-related events. they may obtain information and view documents relating to vpet.2 seri may obtain information from the cantons and third parties directly entrusted with implementation tasks.art. 73 revocation of qualifications (art. 63 vpeta)1 seri may withdraw qualifications that were obtained by illicit means. the right to prosecute is reserved.2 the cantons shall be notified of the legal revocation of qualifications; any entries in the public register shall be deleted.56 56 the correction of 8 feb. 2021 relates to the french text only (as 2021 74).section 2 repeal and amendment of current legislation art. 74 1 the repeal and amendment of previous legislation are set forth in the annex.2 seri is responsible for repealing training regulations based on article 12 of the federal act of 19 april 197857 on vocational education and training issued by the eaer.57 [as 1979 1687, 1985 660 no i 21, 1987 600 art. 17 no 3, 1991 857 annex no 4, 1992 288 annex no 17 2521 art. 55 no 1, 1996 2588 art. 25 para. 2 and annex no 1, 1998 1822 art. 2, 1999 2374 no i 2, 2003 187 annex no ii 2. as 2003 4557 annex no i 1]section 3 transitional provisions art. 75 vocational qualifications subject to cantonal legislation (art. 73 para. 2 vpeta)1 qualifications awarded on completion of upper-secondary level vet programmes subject to cantonal legislation shall be considered federal if an intercantonal agreement has been reached regarding said qualifications.2 the equivalency of the qualifications mentioned in paragraph 1 with qualifications subject to new federal rules as well as the conditions applying to the conversion of qualifications shall be established in corresponding vet ordinances.3 recognition of courses of study and conversion of qualifications in fields that were previously subject to intercantonal legislation shall be handled by seri on the basis of previous intercantonal legislation until commencement of corresponding vet ordinances.4 in the field of health care, recognition of courses of study, conversion of swiss qualifications and recognition of foreign qualifications shall be handled by the swiss red cross until commencement of corresponding federal vet ordinances.art. 76 vet professionals outside the scope of the previous act (art. 73 vpeta)1 workplace trainers who do not fall within the scope of the federal act of 19 april 197858 on vocational education and training but who have trained learners for at least five years shall be considered as qualified for the purposes of articles 44 and 45.2 and 3 .594 any further qualifications must be obtained within five years of seri's decision.58 [as 1979 1687, 1985 660 no i 21, 1987 600 art. 17 no 3, 1991 857 annex no 4, 1992 288 annex no 17 2521 art. 55 no 1, 1996 2588 art. 25 para. 2 and annex no 1, 1998 1822 art. 2, 1999 2374 no i 2, 2003 187 annex no ii 2. as 2003 4557 annex no i 1]59 repealed by annex no 1 of the o of 14 dec. 2018, with effect from 1 feb. 2019 (as 2019 155).art. 76a60 qualifications required to teach sport holders of the following qualifications meet the requirement established in article 46 paragraph 3 to teach sport: federal diploma i or ii in physical education and sports instruction, uas degree in sports instruction or bachelor of science in sports issued by the swiss federal institute of sport magglingen.60 inserted by art. 82 no 3 of the sport promotion ordinance of 23 may 2012, in force since 1 oct. 2012 (as 2012 3967).art. 77 lump-sum subsidies (art. 73 para. 3 and 4 vpeta)1 starting from the fifth year following commencement of vpeta, the confederation's share of funding of the cantonal tasks mentioned in article 53 paragraph 2 vpeta shall be provided in the form of a lump-sum payment.2 for the first four years following commencement of vpeta, the following rule shall apply:a.the cantonal tasks mentioned in article 53 paragraph 2 vpeta, for which the confederation has thus far provided subsidies by virtue of the following federal acts, shall continue to be funded by virtue of these acts:1.federal act of 19 april 197861 on vocational education and training,2.federal act of 29 april 199862 on agriculture,3.federal act of 4 october 199163 on forests,4.federal act of 19 june 199264 on financial aid to professional education institutions specialised in social care;b.the remaining cantonal tasks mentioned in article 53 paragraph 2 vpeta shall receive confederation funding to the extent of available resources mentioned in article 53 paragraph 1 vpeta.61 [as 1979 1687, 1985 660 no i 21, 1987 600 art. 17 no 3, 1991 857 annex no 4, 1992 288 annex no 17 2521 art. 55 no 1, 1996 2588 art. 25 para. 2 and annex no 1, 1998 1822 art. 2, 1999 2374 no i 2, 2003 187 annex no ii 2. as 2003 4557 annex no i 1]62 sr 910.163 sr 921.064 [as 1992 1973. as 2003 4557 annex i 2]art. 78 buildings and leases (art. 73 para. 3 vpeta)1 building subsidy requests for which a space allocation plan including layout, preliminary design study or building project was submitted to seri prior to commencement of vpeta shall be assessed on the basis of previous legislation.2 if a space allocation plan including layout or preliminary design study is submitted, then the corresponding subsidies shall only be granted subject to the legislation in force at the time the said space allocation plan was submitted if a building project is submitted no later than four years after commencement of vpeta.3 if a building subsidy was granted, then the final account for the procedure completed thus far must be submitted no later than ten years after commencement of vpeta. if the final account is submitted beyond this deadline, no further subsidies shall be given.4 lease-related subsidy requests for which a leased objects table, a lease contract or a preliminary lease contract and layout were submitted prior to commencement of vpeta, then the said request shall be assessed on the basis of previous legislation. the corresponding subsidy shall be maintained for no later than four years after commencement of vpeta.5 the funds used for building projects and leases shall be drawn from the budget mentioned in article 59 paragraph 1 letter a vpeta.art. 78a65 transitional provisions to the amendment of 15 september 2017 1 subsidies under articles 66c and 66e may be requested for preparatory courses for federal professional examinations if the said preparatory courses began after 1 january 2017. 2 seri shall evaluate the effectiveness of the provisions of section 6 of chapter 8 (art. 66a-66j) three years after commencement of the amendment of 15 september 2017 and shall report its findings to the federal council.65 inserted by no i of the o of 15 sept 2017, in force since 1 jan. 2018 (as 2017 5147).section 4 commencement art. 79 this ordinance comes into force on 1 january 2004.annex (art. 74)repeal and amendment of current legislation ithe federal ordinance of 7 november 197966 on vocational education and training (bbv) is repealed.iithe following ordinances are amended as follows:. 6766 [as 1979 1712, 1985 670 no i 1, 1993 7, 1998 1822 art. 26, 2001 979 no ii]67 the amendments may be consulted under as 2003 5047.

412.101.61english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.eaer ordinance on the minimum requirements for the recognition of study programmes and continuing education and training at professional education institutions(mir-pei)of 11 september 2017 (status as of 1 december 2021)the federal department of economic affairs, education and research (eaer),based on article 29 paragraph 3 of the federal act of 13 december 20021 on vocational and professional education and training (vpeta) and on article 46 paragraph 2 vpeta in connection with article 41 of the ordinance of 19 november 20032 on vocational and professional education and training (vpeto),ordains:1 sr 412.102 sr 412.101section 1 study programmes art. 1 training objectives 1 study programmes at professional education institutions provide students with competences that enable them to independently carry out challenging technical and/or managerial tasks in their field.2 study programmes place emphasis on practical training and encourage in particular the development of methodological and integrated thinking, analytical skills in relation to task formulation and the ability to apply acquired competences in real working situations.3 study programmes broaden and deepen general education competences.art. 2 basic principles 1 study programmes relate to core syllabuses within the meaning of section 3.2 generally speaking, they build from the competences acquired by holders of a federal vet diploma. art. 3 forms of study and scope 1 study programmes may be attended on a full-time basis or on a part-time basis in parallel with one's professional activity. 2 the following minimum number of learning hours shall apply to the following study programmes within the meaning of article 42 paragraph 1 vpeto (learning hours):for study programmes building on competences acquired by holders of a federal vet diploma in the same field of study: 3600 learning hours; of which at least 2880 learning hours outside of practical training modules;for study programmes building on competences acquired by holders of a different upper-secondary level qualification: 5400 learning hours; of which at least 3600 learning hours learning hours outside of practical training modules.3 practical training modules comprise traineeships or professional activity carried out in parallel to one's studies. the latter is only valid if the professional activity in question relates to the field of study and the minimum workweek corresponds to at least 50 per cent of a standard full-time workweek. art. 4 languages of instruction languages of instruction are a national language of switzerland and english.art. 5 final qualification procedure 1 the final qualification procedure is comprised of at least the following:a final essay or project relating to professional practice; andoral or written examinations.2 additional requirements relating to the final qualification procedure are established in core syllabuses.3 the final qualification procedure will be carried out by examiners with professional experience in the given field. examiners may be appointed by professional organisations. art. 6 professional qualification and title the professional qualification shall mention the study programme and the corresponding title [name of profession] followed by the suffix pei as shown in annex 1.section 2 continuing education and training courses (cet) art. 7 1 cet courses place emphasis on practical training. they enable participants to deepen existing knowledge in a specialised field, to acquire new knowledge to be applied in a new field of activity or to learn how to use new technologies and methods. 2 the minimum requirement for admission to a cet course is a tertiary-level qualification.3 cet courses last at least 900 learning hours.4 they may be based on core syllabuses. 5 the qualification shall mention the title of the cet course and the corresponding title of the qualification followed by the abbreviation cet pei. 6 the cet courses based on a core syllabus are listed together with the corresponding protected titles in annex 2. section 3 core syllabuses art. 8 issuance and approval 1 professional organisations work with education and training providers to develop and issue core syllabuses. together, they act as sponsors.2 the state secretariat for education, research and innovation (seri) approves core syllabuses.3 3 once approved, the core syllabuses are listed together with the date of approval in annexes 1 and 2.4 seri shall update the annexes with each subsequent decision to approve core syllabuses. 3 amended by no i of the eaer o of 26 nov. 2019, in force since 1 jan. 2020 (as 2019 4753).art. 9 renewal of approval approval of core syllabus shall be revoked if sponsors fail to apply to seri for renewal of approval within a period of seven years. art. 10 content 1 core syllabuses establish:the title of the study programme or cet course as well as the title of the protected qualification and english equivalent;b. the professional profile and competences to be acquired;c. the types of courses, together with learning hours and distribution of study time;d. coordination of classroom instruction and practical training modules;e. the content and requirements of the qualification procedure;f. the competences to be acquired from the practical training modules;g. the general education competences to be acquired, specifically in the areas of society, environment and economics.2 core syllabuses establish the admission requirements for study programmes:a. what upper-secondary level vocational or general education qualifications serve as prerequisites; b. whether in addition to an upper-secondary level vocational or general education qualification, work experience or an aptitude test are required.3 core syllabuses may include criteria for the recognition of non-formal and informal learning.4 core syllabuses shall take into account internationally recognised standards of what constitutes professional activity.art. 11 prerequisites for approval seri shall approve a core syllabus if the following requirements are met:the guidelines of the corresponding ordinance are adhered to. there is a demonstrated need. there are no education policy conflicts. the core syllabus is supported throughout switzerland. the content of the core syllabus takes into account the competences needed for the given professional activity. the intended title of the qualification is clear, not misleading and cannot be confused with the title of any other qualification.the sponsors have consulted the cantons and other relevant parties and have included the results of consultations in the application.section 4 education and training providers art. 12 management and facilities, teaching materials and aids 1 the heads of study programmes and cet courses must have the required technical and managerial competences.2 facilities, teaching materials and aids must match the requirements for high-quality instruction both in terms of technical content and training pedagogy.art. 13 teaching staff 1 teaching staff possess:a. a higher education qualification, a professional qualification or equivalent qualification in the field of expertise that they will teach; andb. training in vocational pedagogy and didactics:1. 1800 learning hours for full-time teaching,2. 300 learning hours for part-time teaching.2 if no qualification under paragraph 1 letter a exists for a specific field, then the education and training provider may hire teaching staff who possess corresponding knowledge and experience.3 part-time teaching is understood within the meaning of article 47 paragraphs 1 and 2 vpeto.4 anyone who teaches for an average of four hours per week shall not be subject to the provisions laid down in paragraph 1 letter b.5 seri shall issue core syllabuses for the training of teaching staff. this shall be done in keeping with articles 48 and 49 paragraph 1 vpeto.art. 14 syllabus, rules applying to studies and final qualification procedure 1 using the provisions contained in this ordinance and the corresponding core syllabus as a frame of reference, education and training providers shall establish a training plan, decide on the final qualification procedure in detail and issue a studies regulation.2 the studies regulation shall cover in particular admission procedures, the structure of the study programme, advancement to subsequent levels of training and legal recourse.art. 15 traineeships and relevant professional activity 1 in study programmes that include traineeships, education and training providers shall be responsible for selecting the host companies where these traineeships are to take place. 2 traineeships shall be guided by professionals and supervised by education and training providers.3 education and training providers shall use suitable means to ensure that traineeships or relevant work experience enable acquisition of the competences listed in the core syllabus.section 5 recognition of study programmes and continuing education and training courses art. 16 application for recognition of study programmes 1 education and training providers wishing to seek recognition of a study programme, must submit an application that provides the following information:a. the underlying core syllabus;b. funding;c. the structure and forms of teaching;d. the education and training institution as well as teaching materials and aids;e. the qualifications of teaching staff and managers responsible for the education and training institution;f. the training plan, final qualification procedure in detail and the studies regulation;g. quality control and improvement system;h. the structure of qualifications.2 the application must be sent to the competent cantonal authorities. they shall issue a recommendation, which shall be forwarded to seri together with the application.art. 17 application for recognition of continuing education and training course 1 education and training providers wishing to seek recognition of a cet course that relates to a core syllabus, must submit an application under article 16. 2 if the cet course does not relate to a core syllabus, then the education and training provider shall submit an application that includes the information stated in article 16 paragraph 1 letters b-h. in addition, the following must be demonstrated:there is a demonstrated need;there are no education policy conflicts;the content of the training plan takes into account the competences needed for the given professional activity;the intended title of the qualification is clear, not misleading and cannot be confused with the title of any other qualification;the education and training provider shall offer the recognised cet course at the planned location.3 the application must be sent to the competent cantonal authorities. they shall issue a recommendation, which shall be forwarded to seri together with the application.art. 18 preliminary examination of application seri shall verify whether the application includes the required documents and attestations within the meaning of article 16 or 17 and shall decide whether a recognition procedure shall be initiated.art. 19 recognition procedure 1 the recognition procedure generally consists of verification by two independent experts of execution of the complete study programme or cet course.2 the experts shall provide seri with a report on whether the conditions laid down in the present ordinance and corresponding core syllabus have been met.43 seri may simplify the recognition procedure described in paragraphs 1 and 2.4 amended by no i of the eaer o of 26 nov. 2019, in force since 1 jan. 2020 (as 2019 4753).art. 20 decision and legal consequences of recognition 1 seri shall decide whether to grant or deny recognition.52 if recognition is granted, then the education and training provider shall be entitled to issue federally recognised qualifications as a professional education institution.5 amended by no i of the eaer o of 26 nov. 2019, in force since 1 jan. 2020 (as 2019 4753).art. 21 deadline for corrective action and revocation of recognition 1 if the provisions of this ordinance or the conditions laid down in the core syllabus are not met by recognised study programmes or cet courses, then seri shall notify the education and training provider and indicate a deadline for corrective action. 2 if this deadline expires without corrective action or if the observed non-compliance persists, then seri shall revoke recognition. before such punitive action is taken, seri shall first consult the competent cantonal authority.66 amended by no i of the eaer o of 26 nov. 2019, in force since 1 jan. 2020 (as 2019 4753).art. 22 verification and time limitation of recognition 1 if changes are made to the core syllabus, then seri shall check recognition of the corresponding recognised study programmes and cet courses.2 recognition of cet courses that do not relate to a core syllabus shall be limited to a period of seven years. section 6 final provisions art. 23 repeal of current legislation the eaer ordinance of 11 march 20057 on the minimum requirements for the recognition of study programmes and continuing education and training at professional education institutions shall be repealed.7 [as 2005 1389, 2010 4555, 2014 59 4575]art. 24 transitional provisions 1 study programmes and cet courses of professional education institutions that were recognised prior to entry into force of the eaer ordinance of 11 march 20058 on the minimum requirements for the recognition of study programmes and continuing education and training at professional education institutions (mir-pei 2005) shall retain recognition for no longer than two years after entry into force of the present ordinance. 2 core syllabuses approved by seri under mir-pei 2005 shall remain approved for no longer than five years after entry into force of the presence ordinance. 3 cet courses that do not relate to a core syllabus and that were recognised under mir-pei 2005 shall retain recognition for no longer than seven years after entry into force of the present ordinance. 4 teaching staff that have already, taught a study programme at a professional education institution for at least five years prior to 1 april 2005, or who have provided professional education for the same duration, are deemed to have satisfied the requirements laid down in article 13.5 holders of qualifications awarded under eaer ordinance of 11 march 2005 on the minimum requirements for the recognition of study programmes and continuing education and training at professional education institutions (mir-pei 2005) that were recognised under previous federal or intercantonal legislation, shall be entitled to to use the corresponding new titles of the qualification as long as this is provided for in the corresponding core syllabuses.8 [as 2005 1389, 2010 4555, 2014 59 4575]art. 25 commencement this ordinance comes into force on 1 november 2017.annex 19 9 amended by no i of the seri o of 5 nov. 2021, in force since 1 dec. 2021 (as 2021 678).(art. 6 and 8 para. 3)study programmes, protected titles and core syllabuses study programmeprotected titleapplicable core syllabus and approval date1.agrotechnikagrotechniqueagrotecnicadipl. agrotechnikerin hf / dipl. agrotechniker hfagrotechnicienne diplme es / agrotechnicien diplm esagrotecnica dipl. sss / agrotecnico dipl. sssagrotechnikagrotechniquetecnica agraria:9.7.20082.agrowirtschaftagroconomieeconomia agrariadipl. agrokauffrau hf / dipl. agrokaufmann hfagrocommerante diplme es / agrocommerant diplm escommerciante agraria dipl. sss / commerciante agrario dipl. sssagrowirtschaftagroconomieeconomia agraria:7.7.20083.aktivierungactivationattivazionedipl. aktivierungsfachfrau hf / dipl. aktivierungsfachmann hfspcialiste en activation diplme es / spcialiste en activation diplm esspecialista in attivazione dipl. sssaktivierungactivationattivazione:18.8.20084.arbeitsagogische leitungmatrise socioprofessionnelleperizia socioprofessionaledipl. leiterin arbeitsagogik hf / dipl. leiter arbeitsagogik hfmatresse socioprofessionnelle diplme es / matre socioprofessionnel diplm esmaestra socioprofessionale dipl. sss / maestro socioprofessionale dipl. sssarbeitsagogische leitungmatrise socioprofessionnelleperizia socioprofessionale16.8.20215.bankwirtschaftconomie bancaireeconomia bancariadipl. bankwirtschafterin hf / dipl. bankwirtschafter hfconomiste bancaire diplme es / conomiste bancaire diplm eseconomista bancaria dipl. sss / economista bancario dipl. sssbankwirtschaftconomie bancaireeconomia bancaria:17.11.20066.baufhrungconduite des travauxconduzione di lavori edilidipl. technikerin hf baufhrung / dipl. techniker hf baufhrungtechnicienne diplme es en conduite des travaux / technicien diplm es en conduite des travauxtecnica in conduzione di lavori edili dipl. sss / tecnico in conduzione di lavori edili dipl. ssstechniktechniquetecnica:24.11.20107.bauplanungplanification des travauxprogettazione ediledipl. technikerin hf bauplanung / dipl. techniker hf bauplanungtechnicienne diplme es en planification des travaux / technicien diplm es en planification des travauxtecnica dipl. sss progettazione edile / tecnico dipl. sss progettazione ediletechniktechniquetecnica:24.11.20108.betriebsleitung in facility managementgestion en facility managementgestione del facility managementdipl. betriebsleiterin in facility management hf / dipl. betriebsleiter in facility management hfresponsable d'exploitation en facility management diplme es / responsable d'exploitation en facility management diplm esresponsabile di facility management dipl. sss / responsabile di facility management dipl. sssbetriebsleitung in facility managementgestion en facility managementgestione del facility management:29.8.20169.betriebswirtschaftconomie d'entrepriseeconomia aziendaledipl. betriebswirtschafterin hf / dipl. betriebswirtschafter hfconomiste d'entreprise diplme es / conomiste d'entreprise diplm eseconomista aziendale dipl. sss / economista aziendale dipl. sssbetriebswirtschaftconomie d'entrepriseeconomia aziendale:30.6.200810.bewegungspdagogikducation du mouvementeducazione del movimentodipl. bewegungspdagogin hf / dipl. bewegungspdagoge hfducatrice du mouvement diplme es / ducateur du mouvement diplm eseducatrice del movimento dipl. sss / educatore del movimento dipl. sssbewegungspdagogikducation du mouvementeducazione del movimento17.6.202111.bildende kunstarts visuelsarti figurativedipl. gestalterin hf bildende kunst / dipl. gestalter hf bildende kunstdesigner diplme es en arts visuels / designer diplm es en arts visuelsdesigner dipl. sss arti figurative / designer dipl. sss arti figurativegestaltungarts visuels, arts appliqus et designdesign e arti figurative:25.2.201012.biomedizinische analytikanalyses biomdicalesanalisi biomedichedipl. biomedizinische analytikerin hf / dipl. biomedizinischer analytiker hftechnicienne en analyses biomdicales diplme es / technicien en analyses biomdicales diplm estecnica in analisi biomediche dipl. sss / tecnico in analisi biomediche dipl. sssbiomedizinische analytikanalyses biomdicalesanalisi biomediche:27.5.200813.bhnentanzdanse scniquedanzadipl. bhnentnzerin hf / dipl. bhnentnzer hfdanseuse interprte diplme es / danseur interprte diplm esdanzatrice dipl. sss / danzatore dipl. sssbhnentanzdanse scniquedanza:19.9.201414.dentalhygienehygine dentaireigiene dentaledipl. dentalhygienikerin hf / dipl. dentalhygieniker hfhyginiste dentaire diplme es / hyginiste dentaire diplm esigienista dentale dipl. sss / igienista dentale dipl. sssdentalhygienehygine dentaireigiene dentale:25.6.202115.drogeriefhrunggestion d'une droguerieconduzione di drogheriadipl. drogistin hf / dipl. drogist hfdroguiste diplme es / droguiste diplm esdroghiera dipl. sss / droghiere dipl. sssdrogeriefhrunggestion d'une droguerieconduzione di drogheria14.1.202016.elektrotechnikgnie lectriqueelettrotecnicadipl. technikerin hf elektrotechnik / dipl. techniker hf elektrotechniktechnicienne diplme es en gnie lectrique / technicien diplm es en gnie lectriquetecnica dipl. sss elettrotecnica / tecnico dipl. sss elettrotecnicatechniktechniquetecnica:24.11.201017.energie und umweltnergie et environnementenergia e ambientedipl. technikerin hf energie und umwelt / dipl. techniker hf energie und umwelttechnicienne diplme es en nergie et environnement / technicien diplm es en nergie et environnementtecnica dipl. sss energia e ambiente/ tecnico dipl. sss energia e ambientetechniktechniquetecnica:24.11.201018.erwachsenenbildungformation des adultesformazione degli adultidipl. erwachsenenbildnerin hf / dipl. erwachsenenbildner hfformatrice d'adultes diplme es / formateur d'adultes diplm esformatrice degli adulti dipl. sss / formatore degli adulti dipl. ssserwachsenenbildungformation des adultesformazione degli adulti:18.12.201319.flugsicherungservice de la navigation ariennecontrollo del traffico aereodipl. flugsicherungsfachfrau hf / dipl. flugsicherungsfachmann hfspcialiste des services de la navigation arienne diplme es / spcialiste des services de la navigation arienne diplm esspecialista dei servizi della navigazione aerea dipl. sss / specialista dei servizi della navigazione aerea dipl. sssflugsicherungservice de la navigation ariennecontrollo del traffico aereo:24.8.200920.flugverkehrsleitungcontrle de la circulation ariennedirezione del traffico aereodipl. flugverkehrsleiterin hf/ dipl. flugverkehrsleiter hfcontrleuse de la circulation arienne diplme es / contrleur de la circulation arienne diplm escontrollora del traffico aereo dipl. sss / controllore del traffico aereo dipl. sssflugverkehrsleitungcontrle de la circulation ariennedirezione del traffico aereo:30.10.200621.gebudetechniktechnique des btimentstecnica degli edificidipl. technikerin hf gebudetechnik / dipl. techniker hf gebudetechniktechnicienne diplme es en technique des btiments / technicien diplm es en technique des btimentstecnica dipl. sss tecnica degli edifici / tecnico dipl. sss tecnica degli edificitechniktechniquetecnica:24.11.201022.gemeindeanimationanimation communautaireanimazione di comunitdipl. gemeindeanimatorin hf / dipl. gemeindeanimator hfanimatrice communautaire diplme es / animateur communautaire diplm esanimatrice di comunit dipl. sss / animatore di comunit dipl. sssgemeindeanimationanimation communautaireanimazione di comunit:16.8.202123.grossanlagenbetriebexploitation d'une grande installationesercizio di grandi impiantidipl. technikerin hf grossanlagenbetrieb / dipl. techniker hf grossanlagenbetriebtechnicienne diplme es en exploitation d'une grande installation / technicien diplm es en exploitation d'une grande installationtecnica dipl. sss esercizio di grandi impianti / tecnico dipl. sss esercizio di grandi impiantitechniktechniquetecnica:24.11.201024.holztechniktechnique du boistecnica del legnodipl. technikerin hf holztechnik / dipl. techniker hf holztechniktechnicienne diplme es en technique du bois / technicien diplm es en technique du boistecnica dipl. sss tecnica del legno / tecnico dipl. sss tecnica del legnotechniktechniquetecnica:24.11.201025.hotellerie und gastronomiehtellerie et gastronomieristorazione e industria alberghieradipl. htelire-restauratrice hf / dipl. htelier-restaurateur hfhtelire-restauratrice diplme es / htelier-restaurateur diplm esalbergatrice-ristoratrice dipl. sss / albergatore-ristoratore dipl. ssshotellerie und gastronomiehtellerie et gastronomieristorazione e industria alberghiera:10.3.200926.informatikinformatiqueinformaticadipl. technikerin hf informatik / dipl. techniker hf informatiktechnicienne diplme es en informatique / technicien diplm es en informatiquetecnica dipl. sss informatica / tecnico dipl. sss informaticatechniktechniquetecnica:24.11.201027.kindheitspdagogikducation de l'enfanceeducazione dell'infanziadipl. kindheitspdagogin hf / dipl. kindheitspdagoge hfducatrice de l'enfance diplme es / ducateur de l'enfance diplm eseducatrice dell'infanzia dipl. sss / educatore dell'infanzia dipl. ssskindheitspdagogikducation de l'enfanceeducazione dell'infanzia17.8.202128.kommunikationsdesigncommunication visuelledesign visivodipl. gestalterin hf kommunikationsdesign / dipl. gestalter hf kommunikationsdesigndesigner diplme es en communication visuelle / designer diplm es en communication visuelledesigner dipl. sss design visivogestaltungarts visuels, arts appliqus et designdesign e arti figurative:25.2.201029.lebensmitteltechnologieagroalimentairetecnologia alimentaredipl. technikerin hf lebensmitteltechnologie / dipl. techniker hf lebensmitteltechnologietechnicienne diplme es en agroalimentaire / technicien diplm es en agroalimentairetecnica dipl. sss tecnologia alimentare / tecnico dipl. sss tecnologia alimentaretechniktechniquetecnica:24.11.201030.marketingmanagementmarketing managementmarketing managementdipl. marketingmanagerin hf / dipl. marketingmanager hfmarketing manager diplme es / marketing manager diplm esmarketing manager dipl. sss / marketing manager dipl. sssmarketingmanagementmarketing managementmarketing management:20.3.200931.maschinenbaugnie mcaniquecostruzioni meccanichedipl. technikerin hf maschinenbau / dipl. techniker hf maschinenbautechnicienne diplme es en gnie mcanique / technicien diplm es en gnie mcaniquetecnica dipl. sss costruzioni meccaniche / tecnico dipl. sss costruzioni meccanichetechniktechniquetecnica:24.11.201032.medienmdiasmediadipl. technikerin hf medien / dipl. techniker hf medientechnicienne diplme es en mdias / technicien diplm es en mdiastecnica dipl. sss media / tecnico dipl. sss mediatechniktechniquetecnica:24.11.201033.medizinisch-technische radiologietechnique en radiologie mdicaletecniche di radiologia medicadipl. radiologiefachfrau hf / dipl. radiologiefachmann hftechnicienne en radiologie mdicale diplme es / technicien en radiologie mdicale diplm estecnica di radiologia medica dipl. sss / tecnico di radiologia medica dipl. sssmedizinisch-technische radiologietechnique en radiologie mdicaletecniche di radiologia medica:27.5.200834.metallbauconstruction mtalliquecostruzioni metallichedipl. technikerin hf metallbau / dipl. techniker hf metallbautechnicienne diplme es en construction mtallique / technicien diplm es en construction mtalliquetecnica dipl. sss costruzioni metalliche / tecnico dipl. sss costruzioni metallichetechniktechniquetecnica:24.11.201035.mikrotechnikmicrotechniquemicrotecnicadipl. technikerin hf mikrotechnik / dipl. techniker hf mikrotechniktechnicienne diplme es en microtechnique / technicien diplm es en microtechniquetecnica dipl. sss microtecnica / tecnico dipl. sss microtecnicatechniktechniquetecnica:24.11.201036.operationstechniktechnique opratoiretecnica operatoriadipl. fachfrau operationstechnik hf / dipl. fachmann operationstechnik hftechnicienne en salle d'opration diplme es / technicien en salle d'opration diplm estecnica di sala operatoria dipl. sss / tecnico di sala operatoria dipl. sssoperationstechniktechnique opratoiretecnica operatoria:10.7.200937.orthoptikorthoptiqueortotticadipl. orthoptistin hf / dipl. orthoptist hforthoptiste diplme es / orthoptiste diplm esortottista dipl. sss / ortottista dipl. sssorthoptikorthoptiqueortottica:15.10.200938.pflegesoins infirmierscure infermieristichedipl. pflegefachfrau hf / dipl. pflegefachmann hfinfirmire diplme es / infirmier diplm esinfermiera dipl. sss / infermiere dipl. ssspflegesoins infirmierscure infermieristiche:24.9.200739.podologiepodologiepodologiadipl. podologin hf / dipl. podologe hfpodologue diplme es / podologue diplm espodologa dipl. sss / podologo dipl. ssspodologiepodologiepodologia:12.11.201040.produktdesigndesign de produitdesign di prodottodipl. gestalterin hf produktdesign / dipl. gestalter hf produktdesigndesigner diplme es en design de produit / designer diplm es en design de produitdesigner dipl. sss design di prodotto / designer dipl. sss design di prodottogestaltungarts visuels, arts appliqus et designdesign e arti figurative:25.2.201041.rechtdroitdirittodipl. rechtsfachfrau hf / dipl. rechtsfachmann hfspcialiste en droit diplme es / spcialiste en droit diplm esspecialista legale dipl. sss / specialista legale dipl. sssrechtdroitdiritto:3.2.201042.rettungssanittsauvetagesoccorso sanitariodipl. rettungssanitterin hf / dipl. rettungssanitter hfambulancire diplme es / ambulancier diplm essoccorritrice dipl. sss / soccorritore dipl. sssrettungssanittsauvetagesoccorso sanitario:21.1.200843.sozialpdagogikducation socialeeducazione socialedipl. sozialpdagogin hf / dipl. sozialpdagoge hfducatrice sociale diplme es / ducateur social diplm eseducatrice sociale dipl. sss / educatore sociale dipl. ssssozialpdagogikducation socialeeducazione sociale:17.8.202144.sprachunterricht in der erwachsenenbildungenseignement des langues dans la formation des adultesinsegnamento delle lingue nella formazione degli adultidipl. sprachlehrerin hf / dipl. sprachlehrer hfenseignante de langue diplme es / enseignant de langue diplm esdocente di lingue dipl. sss / docente di lingue dipl. ssssprachunterricht in der erwachsenenbildungenseignement des langues dans la formation des adultesinsegnamento delle lingue nella formazione degli adulti:26.4.201645.systemtechniksystmes industrielstecnica dei sistemidipl. technikerin hf systemtechnik / dipl. techniker hf systemtechniktechnicienne diplme es en systmes industriels / technicien diplm es en systmes industrielstecnica dipl. sss tecnica dei sistemi / tecnico dipl. sss tecnica dei sistemitechniktechniquetecnica:24.11.201046.telekommunikationtlcommunicationstelecomunicazionidipl. technikerin hf telekommunikation / dipl. techniker hf telekommunikationtechnicienne diplme es en tlcommunications / technicien diplm es en tlcommunicationstecnica dipl. sss telecomunicazioni / tecnico dipl. sss telecomunicazionitechniktechniquetecnica:24.11.201047.textiltextiletessiledipl. technikerin hf textil / dipl. techniker hf textiltechnicienne diplme es en textile / technicien diplm es en textiletecnica dipl. sss tessile / tecnico dipl. sss tessiletechniktechniquetecnica:24.11.201048.textilwirtschaftconomie textileeconomia tessiledipl. textilwirtschafterin hf / dipl. textilwirtschafter hfconomiste en textile diplme es / conomiste en textile diplm eseconomista tessile dipl. sss / economista tessile dipl. ssstextilwirtschaftconomie textileeconomia tessile:9.6.201149.tourismustourismeturismodipl. tourismusfachfrau hf / dipl. tourismusfachmann hfgestionnaire en tourisme diplme es / gestionnaire en tourisme diplm esspecialista turistica dipl. sss / specialista turistico dipl. ssstourismustourismeturismo:11.8.202050.unternehmensprozesseprocessus d'entrepriseprocessi aziendalidipl. technikerin hf unternehmensprozesse / dipl. techniker hf unternehmensprozessetechnicienne diplme es en processus d'entreprise / technicien diplm es en processus d'entreprisetecnica dipl. sss processi aziendali / tecnico dipl. sss processi aziendalitechniktechniquetecnica:24.11.201051.verkehrspilotin und verkehrspilotpilotage commercialpilota di lineadipl. pilotin hf / dipl. pilot hfpilote diplme es / pilote diplm espilota dipl. sss / pilota dipl. sssverkehrspilotin und verkehrspilotpilotage commercialpilota di linea:13.8.201452.versicherungswirtschaftconomie d'assuranceeconomia assicurativadipl. versicherungswirtschafterin hf / dipl. versicherungswirtschafter hfconomiste d'assurance diplme es / conomiste d'assurance diplm eseconomista assicurativa dipl. sss / economista assicurativo dipl. sssversicherungswirtschaftconomie d'assuranceeconomia assicurativa:8.3.200853.waldwirtschaftconomie forestireeconomia forestaledipl. frsterin hf / dipl. frster hfforestire diplme es / forestier diplm esforestale dipl. sss / forestale dipl. ssswaldwirtschaftconomie forestireeconomia forestale:12.4.201054.weinbautechniktechnique vitivinicoletecnica vitivinicoladipl. weinbautechnikerin hf / dipl. weinbautechniker hftechnicienne vitivinicole diplme es / technicien vitivinicole diplm estecnica vitivinicola dipl. sss / tecnico vitivinicolo dipl. sssweinbautechniktechnique vitivinicoletecnica vitivinicola:18.2.201455.wirtschaftsinformatikinformatique de gestioninformatica di gestionedipl. wirtschaftsinformatikerin hf / dipl. wirtschaftsinformatiker hfinformaticienne de gestion diplme es / informaticien de gestion diplm esinformatica di gestione dipl. sss / informatico di gestione dipl. ssswirtschaftsinformatikinformatique de gestioninformatica di gestione:9.8.202156.zollverwaltungadministration des douanesamministrazione doganaledipl. zollexpertin hf / dipl. zollexperte hfexperte en douane diplme es / expert en douane diplm esperita doganale dipl. sss / perito doganale dipl. ssszollverwaltungadministration des douanesamministrazione doganale:9.6.2011annex 2 (art. 7 para. 6 and 8 para. 3)continuing education and training courses, protected titles and core syllabuses continuing education and training courseprotected titleapplicable core syllabus and approval dateansthesiepflegesoins d'anesthsiecure anestesiadipl. expertin ansthesiepflege nds hf / dipl. experte ansthesiepflege nds hfexperte en soins d'anesthsie diplme epd es / expert en soins d'anesthsie diplm epd esesperta in cure anestesia dipl. spd sss / esperto in cure anestesia dipl. spd sssansthesiepflegesoins d'anesthsiecure in anestesia:10.07.2009intensivpflegesoins intensifscure intensedipl. expertin intensivpflege nds hf / dipl. experte intensivpflege nds hfexperte en soins intensifs diplme epd es / expert en soins intensifs diplm epd esesperta in cure intense dipl. spd sss / esperto in cure intense dipl. spd sssintensivpflegesoins intensifscure intense:10.07.2009notfallpflegesoins d'urgencecure urgentidipl. expertin notfallpflege nds hf / dipl. experte notfallpflege nds hfexperte en soins d'urgence diplme epd es / expert en soins d'urgence diplm epd esesperta in cure urgenti dipl. spd sss / esperto in cure urgenti dipl. spd sssnotfallpflegesoins d'urgencecure urgenti:10.07.2009

412.106.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.ordinanceon the swiss federal university for vocational education and training(sfuvet ordinance)of 18 june 2021 (status as of 1 august 2021)the swiss federal council,on the basis of article 35 of the sfuvet act of 25 september 20201,ordains:1 sr 412.106art. 1 registered location the swiss federal university for vocational education and training (sfuvet) shall be based in zollikofen.art. 2 regional campuses sfuvet shall offer its services through three regional campuses: one in the german-speaking region, one in the french-speaking region and one in the italian-speaking region of switzerland.art. 3 federal council's strategic objectives the federal department of economic affairs, education and research (eaer) shall submit sfuvet's strategic objectives drafted by the federal council to the following national umbrella organisations for consultation: the swiss union of crafts and small and medium-sized enterprises (sgv), the swiss employers' association (sav), the swiss trade union confederation (sgb) and travail suisse.art. 4 sfuvet partnership dynamics with professional organisations and cantonal authorities 1 sfuvet shall involve professional organisations and the cantonal authorities in its strategic planning activities, in the planning of new training courses and services, and in the creation of research areas.2 it may form national and regional advisory boards comprising representatives of professional organisations, cantonal authorities and other interested parties.art. 5 repeal and amendment of current legislation 1 the sfivet ordinance of 14 september 20052 is repealed.2 .32 [as 2005 4607; 2009 5933; 2016 575]3 the amendments may be consulted under as 2021 405.art. 6 transitional provisions articles 16 and 16a of the sfivet ordinance of 14 september 20054 shall remain in force until 31 december 2021.4 as 2016 575art. 7 commencement 1 subject to paragraph 2, this ordinance comes into force on 1 august 2021.2 article 5 paragraph 2 comes into force on 1 january 2022.

414.20english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton funding and coordination of the swisshigher education sector(higher education act, heda)of 30 september 2011 (status as of 1 march 2021)the federal assembly of the swiss confederation,based on article 63a, 64 paragraph 2, 66 paragraph 1 and 95 paragraph 1 of the federal constitution1,and having considered the federal council dispatch of 29 may 20092,decrees:1 sr 1012 bbl 2009 4561chapter 1 general provisions art. 1 purpose and object 1 the confederation works with the cantons to coordinate, maintain the quality and ensure the competitiveness of the entire higher education sector in switzerland.2 for this purpose, the present act establishes the basic principles applying to the following:a.coordination of the entire swiss higher education sector, particularly through the specification of joint bodies;b.quality control and accreditation;c.funding of higher education institutions and other institutions within the higher education sector;d.allocation of tasks in particularly costly areas;e.granting of federal contributions.art. 2 scope 1 this act applies to higher education institutions and other institutions within the higher education sector of the confederation and the cantons.2 higher education institutions under the terms of this act are:a.tier-one universities: cantonal universities and federal institutes of technology (fits);b.universities of applied sciences (uas) and universities of teacher education (utes).3 with the exception of the provisions on basic contributions and contributions to cover expenditure for construction and use of buildings, this act applies to all fits and other federal higher education institutions.4 the provisions of chapter 5 and chapter 9 of this act shall apply for the accreditation of private universities, universities of applied sciences, universities of teacher education and other private institutions within the higher education sector. article 19 paragraph 2 applies to the participation of these higher education institutions in the swiss conference of rectors of higher education institutions.art. 3 objectives as part of its cooperation activities within the higher education sector, the confederation shall pursue the following objectives in particular:a.establishing general conditions that favour high-quality teaching and research;b.fostering a higher education sector comprised of different but equivalent types of higher education institutions;c.working to raise the profile of higher education institutions and encourage competition, particularly with regards to research;d.crafting a coherent swiss higher education policy that is aligned with the federal policy to encourage research and innovation;e.achieving permeability and mobility between higher education institutions;f.creating uniform study structures, study levels and transitions and ensuring mutual recognition of qualifications;g.providing funding to higher education institutions on the basis of uniform and performance-based principles;h.ensuring coordination of the entire swiss higher education sector and allocating tasks in particularly costly areas;i.avoiding competitive distortions between higher education institutions and professional education institutions with regard to the provision of services and continuing education and training courses.art. 4 federal tasks and authority within the higher education sector 1 the confederation is responsible for leading coordination of the joint activities of the confederation and the cantons within the higher education sector.2 it shall provide contributions under the terms of this act.3 it shall manage and fund fits under the terms of the fit act of 4 october 19913 as well as other federal higher education institutions by virtue of their respective legal basis.4 the federal assembly may issue decrees enabling the confederation to fully or partially take over higher education institutions, with the consent of the sponsor, if the said institutions are particularly important for federal activities. before taking such action, the confederation shall hear the higher education council.5 under the terms of special legislation, the confederation shall make contributions to the swiss national science foundation, to the swiss innovation agency (innosuisse) as well as to national and international education and research programmes.43 sr 414.1104 amended by annex no 1 of the innosuisse act of 17 june 2016, in force since 1 jan. 2018 (as 2016 4259; bbl 2015 9487).art. 5 principles of fulfilment of tasks 1 the confederation shall respect the autonomy granted by sponsors to higher education institutions as well as the principles of freedom and the unity of teaching and research.2 when performing its tasks, it shall consider the specific characteristics of tier-one universities, universities of applied sciences, universities of teacher education and other institutions within the higher education sector.chapter 2 cooperation agreement art. 6 1 basing themselves on this act and on the intercantonal agreement on cooperation in higher education, the confederation and the cantons shall enter into a cooperation agreement on fulfilment of their respective tasks.2 this cooperation agreement shall create the joint bodies required under this act.3 it may transfer the powers established in this act to the joint bodies.4 unless already established in corresponding provisions in this act, the cooperation agreement shall regulate the following:a.clarification and implementation of shared objectives;b.responsibilities, structure and procedures of joint bodies.5 if the cooperation agreement contradicts a provision contained in this act, the act shall take precedence.6 this cooperation agreement shall be signed by the federal council on behalf of the confederation.chapter 3 joint bodies section 1 general provisions art. 7 bodies the joint bodies are:a.the swiss conference of higher education institutions in its composition as the plenary assembly or as the higher education council;b.the swiss conference of rectors of higher education institutions;c.the swiss accreditation council.art. 8 applicable legislation 1 the federal personnel act and federal liability law apply to employees of joint bodies and the swiss accreditation agency. the higher education council may depart from the provisions of the federal personnel act under the cooperation agreement when this is required for the purposes of fulfilling the mandate.2 the joint bodies and the swiss accreditation agency are subject to federal data protection and public procurement legislation.art. 9 bearing of costs 1 the confederation shall pay the costs of managing the affairs of the swiss conference of higher education institutions under article 14. 2 remaining costs of the swiss conference of higher education institutions shall be equally shared by the confederation and the cantons. 3 the plenary assembly shall decide on the basis of the cooperation agreement who will pay the costs of the other joint bodies and the swiss accreditation agency.section 2 swiss conference of higher education institutions art. 10 role and function 1 the swiss conference of higher education institutions is the highest policymaking body within the swiss higher education sector. it is responsible for swiss-wide coordination of the activities of the confederation and the cantons within the higher education sector.2 it convenes either as the plenary assembly or as the higher education council.3 it has its own budget and its own accounting.4 its organisational regulations are issued by the higher education council.art. 11 plenary assembly 1 as the plenary assembly, the swiss conference of higher education institutions has the following composition:a.the designated member of the federal council;b.one member of each cantonal government.2 within the framework of this act, the plenary assembly handles matters pertaining to the rights and obligations of the confederation and all cantons. the following areas of responsibility may be transferred to it under the terms of the cooperation agreement:a.determination of the general financial conditions for coordination of the entire swiss higher education sector by the confederation and the cantons subject to their respective financial authority; b.determination of reference costs and contribution categories; c.formulation of recommendations on payment of scholarships and issuance of loans by the cantons;d.other areas of responsibility arising from this act.art. 12 higher education council 1 as the higher education council, the swiss conference of higher education institutions has the following composition:a.the designated member of the federal council;b.fourteen members of the governments of cantons that subsidise cantonal universities, universities of applied sciences and universities of teacher education.2 each canton has only one seat on the higher education council. the intercantonal agreement on cooperation in higher education determines how subsidising cantons are represented on the higher education council.3 within the framework of this act, the higher education council shall handle matters pertaining to the tasks performed by cantons that subsidise higher education institutions. the following areas of responsibility may be transferred to it under the terms of the cooperation agreement:a.enactment of regulations on: 1.study levels and transitions between levels, uniform names of titles as well as permeability and mobility between and within tier-one universities, universities of applied sciences and universities of teacher education,2.the handling of quality control and accreditation at the request of the swiss accreditation council,3.recognition of qualifications and procedures for the recognition of prior learning,4.continuing education and training in the form of uniform general regulations;b.determination of the characteristics of different types of higher education institution;c.formulation of recommendations on the participation rights of members of higher education institutions, particularly students, as well as on tuition and fees;d.formulation of recommendations on the use of reserved designations under article 29;e.issuance of a resolution on coordination of the entire swiss higher education sector and the allocation of tasks in particularly costly areas;f.decisions on the granting of federal project contributions;g.coordination of any necessary restrictions on access to individual study programmes;h.overarching supervision of the bodies chosen by it; i.other areas of responsibility arising from this act.art. 13 participation in an advisory capacity acting in an advisory capacity, the following individuals shall take part in the meetings of the swiss conference of higher education institutions:a.the head of the state secretariat for education and research5;b.6.c.the general secretary of the swiss conference of cantonal ministers of education (edk);d.the president and vice president of the swiss conference of rectors of higher education institutions;e.the president of the federal institutes of technology board;f.the president of the national research council of the swiss national science foundation;g.7a representative of innosuisse;h.8the president of the swiss science council9;i.one delegate representing the interests of students, one delegate representing the interests of mid-level faculty and one delegate representing the interests of professors at swiss higher education institutions;j.the chairpersons of standing committees, provided that they are not a member of the swiss conference of higher education institutions; the standing committee under article 15 paragraph 1 let. b shall take part with two delegates representing the interests of trade unions and two delegates representing the interests of employer unions;k.other representatives of organisations as well as individuals who have been invited for the purpose of discussing specific items on the agenda.5 the name of the organisational unit was changed in application of art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (as 2004 4937).6 inapplicable.7 amended by annex no 1 of the innosuisse act of 17 june 2016, in force since 1 jan. 2018 (as 2016 4259; bbl 2015 9487).8 amended by art. 57 para. 3 of the fa of 14 dec. 2012 on the promotion of research and innovation, in force since 1 jan. 2014 (as 2013 4425; bbl 2011 8827).9 the name of the council was modified in application of art. 20 para. 2 of of the publications ordinance of 7 oct. 2015 (as 2015 3989) on 1 jan. 2018.art. 14 presidium and secretariat 1 the presidium of the swiss conference of higher education institutions comprises a president and two vice-presidents.2 the president is the designated member of the federal council. this person serves as head of the swiss conference of higher education institutions. the federal council decides who shall act as deputy.3 the vice-presidents are representatives of cantons that subsidise higher education institutions. they take part in the management of the swiss conference of higher education institutions.4 the federal council shall assign one federal department to manage the affairs of the swiss conference of higher education institutions.5 when preparing important resolutions, the presidium shall ask interested parties to submit their stances.art. 15 committees 1 the higher education council shall create the following bodies for the purpose of preparing decisions:a.one standing committee responsible for matters pertaining to medical research and study programmes at higher education institutions;b.one standing committee comprised of representatives of professional organisations;c.other standing and non-standing committees as needs require.2 these committees may also comprise persons who are not members of the swiss conference of higher education institutions.3 the standing committee comprising representatives of professional organisations shall take a stance on the affairs of the swiss conference of higher education institutions under article 11 paragraph 2 and article 12 paragraph 3.4 the standing committees mentioned in article 15 paragraph 1 letters a and b above may, at their own initiative or on behalf of the swiss conference of higher education institutions, take a stance on individual developments affecting national higher education policy and may submit proposals.5 the presidium of the swiss conference of higher education institutions shall maintain ties with the standing committees mentioned in article 15 paragraph 1 letters a and b above. it shall periodically organise gatherings with these two committees.art. 16 decision-making within the plenary assembly 1 each member of the plenary assembly has one vote.2 decisions of the plenary assembly require:a.a qualified majority of two-thirds of the votes of the members present; andb.approval by the confederation.3 instead of the rule established in paragraph 2, the cooperation agreement may provide for a simple majority of the members present in the case of elections, procedural decisions and official stances.art. 17 decision-making within the swiss higher education council 1 each member of the swiss higher education council has one vote. in addition, representatives of the cantons have a specific number of points determined on the basis of the number of students. the allocation of points is decided in the intercantonal agreement on cooperation in higher education.2 the decisions of the swiss higher education council require:a.a qualified majority of two-thirds of the votes of the members present;b.approval by the confederation; andc.the simple majority of points.3 instead of the rule established in paragraph 2, the cooperation agreement may provide for a simple majority of the members present in the case of procedural decisions and official stances.art. 18 involvement of the federal assembly the federal council shall inform the parliamentary committees responsible for education and research of important developments in swiss higher education policy as well as on the allocation of tasks in particularly costly areas.section 3 swiss conference of rectors of higher education institutions art. 19 composition and structure 1 the swiss conference of rectors of higher education institutions comprises the rectors or presidents of swiss higher education institutions.2 it constitutes itself. it shall establish its own organisational regulations. this document also governs the participation of rectors or presidents of accredited private higher education institutions under this act. these organisational regulations require approval by the higher education council.3 the swiss conference of rectors of higher education institutions has its own budget and shall maintain its own accounting records.art. 20 tasks and responsibilities the swiss conference of rectors of higher education institutions has the tasks and responsibilities transferred to it under the cooperation agreement.section 4 swiss accreditation council and swiss agency of accreditation and quality assurance in higher education art. 21 swiss accreditation council 1 the swiss accreditation council comprises 15-20 independent members; these members represent in particular higher education institutions, professional organisations, students, mid-level faculty as well as professors and lecturers. teaching and research fields at higher education institutions as well as gender must be adequately represented. a minority of at least five members must be mainly involved in activities abroad.2 on the basis of the cooperation agreement, the higher education council elects accreditation council members for a four-year term of office. each member may only be re-elected once.3 on the basis of the cooperation agreement, the accreditation council decides on accreditation in accordance with this act.4 it is independent.5 it organises itself. it issues its own organisational regulations; these organisational regulations require approval by the higher education council.6 the swiss accreditation council manages its own budget and the budget of the swiss accreditation agency; each maintain their own accounting records.7 it may recognise other swiss or foreign accreditation agencies.8 at the request of the director of the swiss accreditation agency, it issues organisational regulations for the swiss accreditation agency; these organisational regulations require approval by the higher education council.art. 22 swiss accreditation agency 1 the swiss agency of accreditation and quality assurance in higher education (swiss accreditation agency) is a legally dependent entity. 2 it is under the authority of the swiss accreditation council.chapter 4 admission to higher education institutions and structure of studies at universities of applied sciences art. 23 admission to tier-one universities 1 admission to the first level of studies at tier-one universities is open to holders of a baccalaureate.2 they may grant admission to the first level of studies on the basis of equivalent prior education and training. for quality control purposes, the higher education council issues guidelines on equivalency under the terms of the cooperation agreement.art. 24 admission to universities of teacher education 1 admission to the first level of studies at universities of teacher education is open to holders of a baccalaureate. 2 admission to the first level of studies for those wishing to teach at pre-school and primary school level is open to holders of a baccalaureate or a specialised baccalaureate in pedagogy or, under certain conditions, a federal vocational baccalaureate; the higher education council establishes the requirements.3 they may grant admission to the first level of studies on the basis of equivalent prior education and training. for quality control purposes, the higher education council issues guidelines on equivalency under the terms of the cooperation agreement. art. 25 admission to universities of applied sciences 1 admission to the first level of studies at universities of applied sciences is open to holders of:a.a federal vocational baccalaureate in combination with a federal vet diploma in the desired field of study; b.a baccalaureate and at least one year of work experience that has enabled the holder to gain practical know-how and knowledge in an occupation related to the desired field of study; orc.a specialised baccalaureate in an occupation related to the desired field of study.2 in the cooperation agreement, the higher education council establishes specific admission requirements for individual fields of study. it may also decide that additional admission requirements are needed.art. 26 structure of studies at universities of applied sciences 1 through a blend of practical studies and applied research and development, universities of applied sciences prepare students to carry out activities associated with specific professions that require the use of research findings and methods as well as, depending on the field of study, creative and artistic talents.2 on completion of the first level of studies, students normally obtain a qualification that enables them to work in a given profession.chapter 5 quality control and accreditation art. 27 quality control and development of quality at regular intervals, higher education institutions and other institutions within the higher education sector review the quality of their teaching, research and services and pursue long-term quality control and development of quality.art. 28 institutional accreditation and programme accreditation 1 the following are accredited:a.higher education institutions and other institutions within the higher education sector (institutional accreditation);b.study programmes of higher education institutions and other institutions within the higher education sector (programme accreditation).2 institutional accreditation is a prerequisite for:a.right to use titles; b.granting of federal contributions; c.programme accreditation.3 programme accreditation is voluntary.art. 29 right to use reserved designations 1 with institutional accreditation, higher education institutions and other institutions within the higher education sector have the right to use the reserved designation university, university of applied sciences or university of teacher education or derived designations such as tier-one college or uas college.2 the right to use reserved designations also applies to equivalent terms in languages that are not national languages of switzerland.art. 30 requirements for institutional accreditation 1 for institutional accreditation, the following requirements must be met:a.higher education institutions and other institutions within the higher education sector have a quality control system in place to ensure that:1.teaching, research and services are of high quality and staff are qualified in their positions;2.admission requirements under articles 23, 24 or 25 and, where applicable, also the general principles on the structure of studies at universities of applied sciences under article 26 are met;3.the higher education institution is structured and managed efficiently;4.the members of the higher education institution have an adequate role in decision-making;5.tasks are carried out in a manner that encourages equal opportunities and true gender equality;6.tasks further the aims of economic, social and environmental sustainability;7.it is possible to verify that the institution fulfils its mandate.b.tier-one universities and universities of applied sciences shall provide teaching, research and services in several disciplines or fields of study.c.higher education institutions and other institutions within the higher education sector and their sponsors shall take steps to ensure that the institution can be sustainably managed.2 the swiss higher education council shall establish the requirements in an ordinance.10 when doing so, it shall consider the specific characteristics and autonomy of tier-one universities, universities of applied sciences, universities of teacher education and other institutions within the higher education sector.10 amended by no i of the fa of 25 sept. 2020, in force since 1 march 2021 (as 2021 68; bbl 2020 3681).art. 31 requirements for programme accreditation the following requirements must be met for programme accreditation:a.higher education institutions and other institutions within the higher education sector shall take steps to ensure high-quality teaching.b.higher education institutions and other institutions within the higher education sector and their sponsors shall take steps to ensure that study programmes may be completed.art. 32 accreditation procedure the swiss accreditation agency and other accreditation agencies recognised by the swiss accreditation council shall carry out the accreditation procedure according to this act and under the terms of the cooperation agreement. the accreditation procedure must meet international standards.art. 33 decision-making referring to the request submitted by the swiss accreditation agency or by another swiss or foreign accreditation agency recognised by the swiss accreditation agency, the swiss accreditation council shall decide on institutional accreditation and programme accreditation. art. 34 duration of accreditation the swiss higher education council shall decide on the duration of accreditation.art. 35 fees 1 the swiss accreditation council and the swiss accreditation agency shall charge general cost-covering fees for its decisions and services.2 the swiss accreditation council issues a regulation on fees; this document requires approval by the higher education council.chapter 6 coordination of the entire swiss higher education sector and allocation of tasks art. 36 basic principles 1 through the swiss conference of higher education institutions, the confederation and the cantons shall work together to ensure coordination of the entire swiss higher education sector and decide on the allocation of tasks in particularly costly areas; this shall be done respecting the autonomy of higher education institutions and in consideration of the different remits of tier-one universities, universities of applied sciences and universities of teacher education.2 coordination shall include:a.establishing priorities in relation to common objectives under article 3 letters a-g and the required measures to be taken throughout the higher education sector;b.establishing the financial plan at the national level, namely with regards to coordination of federal and cantonal contributions as well as funding of subsidising cantons.3 the allocation of tasks in particularly costly areas is intended to ensure that education and research priorities receive effective and adequate attention within the higher education sector.art. 37 at the level of individual higher education institutions 1 higher education institutions and other institutions within the higher education sector shall prepare a multi-annual development and financial plan. this document shall include multi-annual objectives and priorities as well as funding requirements.2 higher education institutions and other institutions within the higher education sector and their sponsors shall comply with the requirements of the swiss conference of higher education institutions and heed the recommendations made by the swiss conference of rectors of higher education institutions.art. 38 at the level of the swiss conference of rectors of higher education institutions 1 the swiss conference of rectors of higher education institutions shall provide the swiss conference of higher education institutions with a proposal on national coordination of higher education policy as well as on the allocation of tasks in particularly costly areas.2 when doing so, it shall base itself on the development and financial plans prepared by higher education institutions and other institutions within the higher education sector and shall consider:a.the requirements of the swiss conference of higher education institutions;b.the financial plans of the confederation and the cantons.3 for each planning period, it shall highlight coordination needs among the various higher education institutions and shall take corresponding measures to address these needs. art. 39 at the level of the swiss conference of higher education institutions 1 the higher education council shall decide on coordination of the entire swiss higher education sector and the allocation of tasks in particularly costly areas. it shall determine the corresponding priorities as well as the measures that must be taken throughout the higher education sector in order to reach common objectives.2 it shall periodically provide the corresponding federal and cantonal authorities with an update on the amount of funding needed to reach these objectives. 3 it may provide for measures to be taken to expand study options that serve the interests of the whole of switzerland but which are not yet adequately offered by individual higher education institutions.art. 40 allocation of tasks in particularly costly areas 1 at the request of the swiss conference of rectors of higher education institutions, the higher education council shall determine particularly cost-intensive areas and decide how tasks should be allocated in these areas.2 when determining particularly cost-intensive areas, expenditure in a given field of study or discipline shall be compared with overall expenditure within the higher education sector. expenditure for a particularly cost-intensive area must comprise a significant share of overall expenditure within the swiss higher education sector.3 if a sponsor is unable to comply with the decisions reached under paragraph 1, then the federal contributions under this act may be reduced or denied.chapter 7 funding section 1 basic principles art. 41 1 the confederation and the cantons shall see to it that public funding of the higher education sector is enough to ensure high-quality teaching and research.2 the confederation and the cantons shall co-fund higher education institutions and other institutions within the higher education sector and shall do so on the basis of uniform funding principles.3 the confederation and the cantons shall see to it that public contributions are used in a prudent and effective manner.4 higher education institutions and other institutions within the higher education sector shall seek to secure adequate third-party funding. section 2 determination of public funding requirements art. 42 procedure 1 for each funding period, the higher education council shall determine the public funding requirements of higher education institutions and other institutions within the higher education sector.2 when doing so, it shall consider the following in particular:a.the relevant statistical findings of the federal statistical office;b.the cost accounting of higher education institutions and other institutions within the higher education sector;c.the development and financial plans of higher education institutions and other institutions within the higher education sector;d.the reference costs;e.the expected number of students;f.coordination of the entire swiss higher education sector.art. 43 general financial conditions on the basis of financial plans prepared by the confederation and the cantons, the plenary assembly shall establish the general financial conditions for the given funding period; before reaching its decision, it shall first hear the swiss conference of rectors of higher education institutions.art. 44 reference costs 1 reference costs are the expenses required in order to provide high-quality teaching to each student.2 output values used to establish reference costs shall reflect the average costs of teaching according to cost accounting records of higher education institutions.3 output values shall be adjusted so that public funding is enough to ensure high-quality teaching and the research required for this. here, consideration shall be given to the specific characteristics of tier-one universities and universities of applied sciences as well as their specific fields of study and disciplines.4 the plenary assembly shall determine reference costs and review these periodically.chapter 8 federal funding contributions section 1 entitlement to receive funding contributions art. 45 requirements 1 a higher education institution may be recognised by the confederation as entitled to receive funding if it:a.is institutionally accredited;b.offers public education services; andc.is a meaningful addition, expansion or alternative to existing institutions.2 other institutions within the higher education sector may be recognised by the confederation as qualifying for funding if they:a.are institutionally accredited;b.offer public education services;c.cannot be included as part of an already existing higher education institution; andd.carries out tasks that further higher education policy interests and may be included in coordination of the entire swiss higher education sector decided by the higher education council.3 public education services are education services:a.that satisfy a public need;b.that are provided within the framework of a public and legally established mandate; andc.where the curricula or qualifications issued are aligned with public education policy.art. 46 decision-making 1 the federal council decides on the eligibility of funding of higher education institutions and other institutions within the higher education sector.2 it shall first hear the plenary assembly.section 2 types of contribution and funding art. 47 types of contribution 1 within the framework of approved budget appropriations, the confederation provides financial support to eligible cantonal universities, universities of applied sciences and other institutions within the higher education sector. this financial support shall be provided in the form of:a.basic contributions;b.contributions to cover expenditure for construction and use of buildings;c.project contributions.2 universities of teacher education may only receive project contributions.3 the confederation may provide financial support in the form of contributions to shared infrastructure facilities of higher education institutions and other institutions within the higher education sector if the said infrastructure facilities are used to carry out tasks of importance to the whole of switzerland. these contributions may not exceed 50 per cent of the total operational costs.art. 48 authorisation of budget 1 the federal assembly shall determine the financial resources to be set aside for federal contributions. it shall establish multi-annual budget appropriations and funding commitments.2 it shall issue simple decrees for each budget appropriation:a.for basic contributions for cantonal universities and other institutions within the higher education sector;b.for basic contributions for universities of applied sciences and other institutions within the higher education sector. 3 budget appropriations must be established in such a way as to ensure that corresponding annual payment budgets match contribution rates.4 the federal assembly shall issue simple decrees for each funding commitment for:a.contributions to cover expenditure for construction and use of buildings as well as contributions to shared infrastructure facilities available to higher education institutions and other institutions within the higher education sector;b.project contributions.section 3 basic contributions art. 49 intended purpose basic contributions shall be used to cover operational costs.art. 50 contribution rates the confederation shall pay the following share of the total amount of the reference costs:a.20 per cent in the case of cantonal universities;b.30 per cent in the case of universities of applied sciences.art. 51 assessment basis 1 the total annual amount is determined mainly on the basis of teaching and research performance achieved by institutions that are deemed eligible for funding.2 the proportion of teaching shall be determined on the basis of reference costs. when doing so, the following criteria shall be considered:a.the number of students enrolled;b.the number of students who successfully complete their studies;c.the average duration of studies;d.teacher-student ratios;e.the number of students enrolled in specific disciplines or fields of study;f.the quality of education and training.3 the proportion of research is determined on the following basis:a.research performance;b.acquisition of third-party funding, particularly funding from the swiss national science foundation, eu research framework programmes, the commission for technology and innovation as well as from other public and private sources.4 no more than 10 per cent of the total annual amount shall be paid to eligible institutions on the basis of the proportion of their foreign students to the total number of foreign students enrolled in swiss higher education institutions.5 the federal council shall establish the proportions under paragraphs 2-4 as well as the combination and weighting of assessment criteria. it shall establish these proportions in such a way as to ensure that they further the objectives set out in article 3. when doing so, it shall consider the following:a.the categories of disciplines and fields of study established by the plenary assembly by virtue of the cooperation agreement as well as their corresponding weights and maximum durations of study;b.the special characteristics of tier-one universities and universities of applied sciences as well as of their fields of study.6 it shall review these proportions periodically.7 it shall issue implementing provisions required for assessment.8 it shall first hear the plenary assembly.art. 52 decision-making 1 the competent department shall decide on basic contributions.2 it may delegate this decision to the corresponding federal office.art. 53 fixed contributions to higher education institutions 1 the competent federal office may issue mandates to or sign performance agreements with other institutions within the higher education sector that are eligible for contributions and may pay fixed contributions to cover operational costs instead of paying the basic contributions set forth in article 50-52.2 such contributions may not exceed 45 per cent of operational costs.3 under the terms of the cooperation agreement, the swiss higher education council shall issue basic principles on the payment of fixed contributions.section 4 contributions to cover expenditure for construction and use of buildings art. 54 intended purpose and exceptions 1 contributions to cover expenditure for construction and use of buildings are intended for the acquisition, long-term use, creation and transformation of buildings for teaching, research or other higher education purposes.2 no contributions are paid to cover:a.costs associated with the purchase of land and land development;b.costs associated with building maintenance;c.public fees, depreciation and interest expenses.3 for university clinics, no contributions are provided to cover expenditure for construction and use of buildings.art. 55 requirements 1 contributions are paid for building construction if the building project:a.costs more than chf 5 million;b.is cost-effective;c.satisfies the requirements for the allocation of tasks and cooperation among higher education institutions;d.meets stringent environmental and energy efficiency standards; ande.includes facilitated access for the disabled.2 contributions for building usage are paid if:a.usage entails recurring costs exceeding chf 300,000;b.usage has been agreed for a period of at least five years;c.usage is cost-effective;d.usage satisfies the requirements for the allocation of tasks and cooperation among higher education institutions;e.the building used meets stringent environmental and energy efficiency standards; andf.the building used includes facilitated access for the disabled.art. 56 maximum contribution threshold the confederation provides a maximum contribution of 30 per cent of eligible costs.art. 57 calculation 1 the federal council decides on the calculation of eligible costs. it shall first hear the higher education council.2 it may provide for a lump-sum calculation method, namely maximum threshold values per square metre of useable area.art. 58 decisions 1 the competent department decides whether to approve or deny applications for contributions to cover expenditure for construction and use of buildings.2 it may delegate this decision to the corresponding federal office.section 5 project contributions art. 59 intended purpose and requirements 1 multi-annual project contributions may be paid for expenditures that serve national higher education policy interests.2 tasks that serve national higher education policy interests include the following in particular:a.creation of national or regional competence centres jointly supported by several higher education institutions or other institutions within the higher education sector;b.establishment of internationally prominent programmes;c.development of profiles and allocation of tasks among higher education institutions;d.measures to encourage multilingualism in swiss national languages;e.measures to encourage equal opportunities and true gender parity;f.measures to encourage sustainable development for the benefit of current and future generations;g.measures to encourage student participation in decision-making processes.3 the cantons as well as higher education institutions and other institutions within the higher education sector involved in the project must contribute their own resources to an adequate degree.4 project funding for universities of teacher education requires the involvement of several universities of applied sciences or tier-one universities.art. 60 assessment basis and time limits 1 project contributions are determined on the basis of costs for planning, development and implementation of a given project.2 they are provided for a limited period of time.art. 61 decision and performance level agreement 1 the higher education council decides on the awarding of project contributions.2 based on the decision reached by the higher education council, the competent department shall enter into a performance level agreement with the recipient. this agreement covers the following:a.the objectives to be reached; b.the manner in which results will be monitored; c.consequences of failure to reach established objectives.chapter 9 protection of reserved designations and titles, sanctions and legal safeguards art. 62 protection of reserved designations 1 the reserved designations university, university of applied sciences, university of teacher education and derived designations (e.g. tier-one college or uas college), whether expressed in a national language of switzerland or in any other language, may only be used by institutions that have been accredited under this act.2 the titles given to graduates of tier-one universities, universities of applied sciences, universities of teacher education and other institutions within the higher education sector subject to this act shall be protected under the corresponding legal basis.art. 63 criminal provisions 1 if an institution lacking accreditation under this act uses the title university, university of applied sciences, university of teacher education or a related title, whether expressed in a national language of switzerland or in any other language, the managers of that institution are liable to the following penalties:a.a fine not exceeding chf 200,000 in cases of wilful conduct; b.a fine not exceeding chf 100,000 in cases of negligent conduct.2 the canton in which the institution is established is responsible for prosecuting such cases.art. 64 administrative measures 1 if the requirements for accreditation are no longer met or if certain conditions have not been satisfied within the established timeframe, then the swiss accreditation council shall take the necessary administrative measures.2 the following administrative measures shall be considered:a.reminder letter;b.imposition of conditions;c.revocation of accreditation.3 the administrative measures taken by federal subsidising authorities are based on the federal act of 5 october 199011 on financial assistance and subsidies, those taken by the cantons are based on the intercantonal agreement on cooperation in higher education.11 sr 616.1art. 65 legal safeguards 1 decisions reached on the basis of this act, its implementing provisions or the cooperation agreement may be contested by appeal to the federal administrative court.2 decisions of the federal council on funding entitlements are not appealable.123 furthermore, the general provisions on the administration of federal justice apply.12 amended by no i of the fa of 25 sept. 2020, in force since 1 march 2021 (as 2021 68; bbl 2020 3681).chapter 10 authority of the federal council to enter into international agreements art. 66 1 the federal council may sign international agreements on behalf of the higher education sector for:a.international cooperation, particularly the structuring of studies as well as recognition of studies, qualifications and equivalencies within the higher education sector;b.measures to encourage international mobility;c.participation in international support programmes and projects.2 in the international agreements mentioned in paragraph 1, the federal council may also agree on:a.financial controls and audits;b.personal safety inspections;c.the protection and assignment of intellectual property arising from or required for scientific cooperation;d.federal participation in legal entities established under public law or private law;e.membership with international organisations.3 under the terms of the cooperation agreement, the higher education council and the swiss conference of rectors of higher education institutions shall take part in preparations for such agreements. the cooperation agreement shall establish the conditions for participation in this process.chapter 11 final provisions section 1 implementation art. 67 implementing provisions the federal council shall issue implementing provisions if implementation of this act falls under its area of authority.art. 68 declaration on the generally binding nature of intercantonal agreements relating to the higher education sector the declaration on the generally binding nature of intercantonal agreements relating to the higher education sector is based on article 14 of the federal act of 3 october 200313. on fiscal equalisation and cost compensation13 sr 613.2art. 69 evaluation 1 every four years, the federal council shall provide the federal assembly with a report on:a.the effectiveness of public expenditure;b.the effects of the funding system on the finances of the confederation and the cantons, on their higher education institutions, on disciplines and on other higher education institutions referred to in this act;c.the competitiveness of higher education institutions;d.the employability and activities of graduates after completion of their higher education studies.2 it shall first hear the higher education council.art. 7014 recognition of foreign qualifications 1 on request, the competent federal office shall decide whether to recognise a foreign higher education qualification as being valid for work in a regulated profession. 2 the recognition of equivalence may be delegated to a third party; the third party may charge a fee for its services.3 the authority of the cantons over recognition of foreign qualifications relating to professions regulated at intercantonal level shall remain reserved.14 amended by no i of the fa of 30 sept. 2016, in force since 1 feb. 2017 (as 2017 159; bbl 2016 3089).section 2 repeal and amendment of current legislation art. 71 the repeal and amendment of current legislation are regulated in the annex.section 3 transitional provisions art. 72 adjustment of contribution rates 1 if the level of average annual basic contributions determined by the confederation for the first time under this act is considerably different from the level effectively paid on average to cantonal universities and universities of applies sciences within a four-year period under previous legislation, then the federal council shall request an adjustment of the contribution rates under article 50 when it submits the first budget appropriation request for basic contributions under this act.2 the federal council shall establish the four-year funding period and the relevance criteria under paragraph 1. 3 it shall first hear the plenary assembly.art. 73 admission to universities of applied sciences 1 until decided by the higher education council, admission to universities of applied sciences is subject to the conditions set forth in paragraphs 2-4.2 examination-free admission to bachelor's degree programmes in the fields of engineering and information technology, architecture, construction and planning, chemistry and life sciences, agriculture and forestry, business and services and design at universities of applied sciences shall require:a.a federal vocational baccalaureate issued on completion of a vet programme for an occupation relating to the desired field of study;b.a federal baccalaureate or federally recognised baccalaureate and at least one year of work experience that has enabled the prospective student to gain practical know-how and knowledge in an occupation relating to the desired field of study.3 the following relevant decrees adopted on 31 august 200415 apply for admission to bachelor's degree programmes in the fields of health, social work, music, theatre and other arts, applied psychology and applied linguistics at universities of applied sciences:a.resolutions adopted by the plenary assembly of the swiss conference of cantonal ministers of health in relation to study programmes in health care at universities of applied sciences;b.resolutions adopted by the plenary assembly of the swiss conference of cantonal ministers of education in relation to study programmes in social work at universities of applied sciences;c.resolutions adopted by the plenary assembly of the swiss conference of cantonal ministers of education in relation to higher education institutions specialised in music, theatre, art and design as well as in relation to study programmes in applied psychology and applied linguistics at universities of applied sciences.4 the corresponding department shall decide:a.what additional admission requirements may be included;b.what admission requirements shall apply to graduates of other education and training programmes;c.the learning objectives for one-year traineeships in individual fields of study.15 not published in the official compilation of federal legislation. the text of these decrees may be consulted at the state secretariat for education, research and innovation (seri), einsteinstrasse 2, 3003 bern or viewed online at .art. 74 cohesion contributions 1 in the first years following commencement of this act, an average of six per cent of funding allocated for basic contributions may be used in support of higher education institutions whose basic contributions fall by more than five per cent as a result of the changes made to funding calculation methods.2 the awarding of cohesion contributions shall be digressive and shall cease no later than eight years following commencement of this act.art. 75 entitlement to contributions and accreditation 1 higher education institutions and other institutions within the higher education sector must seek institutional accreditation no later than eight years following commencement of this act.1bis the application for entitlement to contributions must be submitted within a month after institutional accreditation is granted.162 the entitlement to contributions by virtue of the federal act of 8 october 199917 on university funding and cooperation in the field of university education (university funding act, ufunda) and the federal act of 6 october 199518 on the universities of applied sciences (universities of applied sciences act, uasa) remains in effect until the federal council decides on the entitlement to contributions under the present federal act.19 universities of teacher education, federal institutes of technology and other federal higher education institutions shall retain their entitlement to project contributions until the institutional accreditation decision is made by the swiss accreditation council, no later than eight years following commencement of this act.3 higher education institutions and other institutions within the higher education sector that were accredited after 1 january 2011 under previous legislation remain institutionally accredited for a period of up to eight years following commencement of this act.16 inserted by no i of the fa of 30 sept. 2016, in force since 1 feb. 2017 (as 2017 159; bbl 2016 3089).17 [as 2000 948, 2003 187 annex no ii 3, 2004 2013, 2007 5779 no ii 5, 2008 307 3437 no ii 18, 2012 3655 no i 10]18 [as 1996 2588, 2002 953, 2005 4635, 2006 2197 annex no 37, 2012 3655 no i 11]19 amended by no i of the fa of 30 sept. 2016, in force since 1 feb. 2017 (as 2017 159; bbl 2016 3089).art. 76 right to use reserved designations and sanctions for higher education institutions and other institutions within the higher education sector that are not institutionally accredited under this act or are not deemed institutionally accredited under article 75 paragraph 3, the right to use reserved designations and the corresponding criminal and administrative law penalties shall be based on previous legislation for a period of up to eight years following commencement of this act.art. 77 pending applications 1 applications that were pending at the time of commencement of this act shall be examined on the basis of the new legislation.2 the federal council may make exceptions in justified cases.art. 78 protection of acquired uas titles 1 the titles of federally recognised uas degrees, bachelor's degrees, master's degrees or master of applied sciences (mas) degrees under previous legislation remain protected.2 the federal council shall establish the procedure for the transfer of recognised professional education institutions to universities of applied sciences as well as the titles that may be used by alumni of these professional education institutions.20 3 the competent federal office shall see to it that titles awarded under previous legislation are converted accordingly. it may delegate this task to third parties. these parties may charge fees for the services provided.2120 amended by no i of the fa of 30 sept. 2016, in force since 1 feb. 2017 (as 2017 159; bbl 2016 3089).21 inserted by no i of the fa of 30 sept. 2016, in force since 1 feb. 2017 (as 2017 159; bbl 2016 3089).art. 79 previous cantonal agreements relating to universities of applied sciences for a period of five years following commencement of this act, cantonal governments may issue ordinances for the purpose of making adjustments to their legislation on universities of applied sciences, provided these adjustments are absolutely necessary.art. 80 continued validity of provisions from the university funding act and the uas act in the event of commencement under article 81 paragraph 3, the federal council may decide that the following provisions shall remain applicable for no more than five years:a.university funding act of 8 october 199922: the provisions on federal contributions (art. 13-21) and article 23;b.uas act of 6 october 199523: the provisions on federal contributions (art. 18-21) and article 23.22 as 2000 948, 2003 187 annex no ii 3, 2007 5779, 2012 365523 as 1996 2588, 2005 4635section 4 referendum and commencement art. 81 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.3 it shall establish the provisions on coordination of the entire swiss higher education sector and the allocation of tasks (chap. 6; art. 36-40), on funding (chap. 7; art. 41-44) and on federal contributions (chap. 8; art. 45-61) no later than five years after the remaining provisions go into effect.commencement date:24articles 1-35, 45, 46 and 62-81 on 1 january 2015;articles 36-44 and 47-49, 51-61 on 1 january 2017;article 50 on 1 january 202025.24 fcd of 12 nov. 2014.25 fcd of 23 nov. 2016 (as 2016 4855).annex (art. 71)repeal and amendment of current legislation ithe following federal acts shall be repealed:1.university funding act of 8 october 199926;2.uas act of 6 october 199527.iithe following federal acts shall be amended as follows:.2826 [as 2000 948, 2003 187 annex no ii 3, 2004 2013, 2007 5779 no ii 5, 2008 307 3437 no ii 18, 2012 3655 no i 10]27 [as 1996 2588, 2002 953, 2005 4635, 2006 2197 annex no 37, 2012 3655 no i 11]28 the amendments may be consulted under as 2014 4103.

414.205.6 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance of the swiss accreditation council on the fees for accreditation procedures and services on behalf of third parties(sac fees ordinance, feeo-sac)of 23 march 2018 (status as of 1 september 2020)approved by the higher education council on 25 may 2018the swiss accreditation council (sac),based on article 35 paragraph 2 of the higher education act of 30 september 20111 (heda),and on article 2 paragraph 2 letter d number 1 of the federal-cantonal agreement of 26 february 20152 on cooperation in higher education (fca-che),ordains:1 sr 414.202 sr 414.205section 1 general provisions art. 1 object this ordinance regulates the fees to be charged:a.for institutional and programme accreditation in accordance with heda;b.for services provided by the swiss agency of accreditation and quality assurance (accreditation agency) to third parties.art. 2 applicability of the general fees ordinance where this ordinance does not lay down specific provisions, the provisions of the general fees ordinance of 8 september 20043 apply.3 sr 172.041.1art. 3 cost-covering fees 1 based on article 35 paragraph 1 heda, cost-covering fees shall be charged for accreditation procedures in accordance with heda. here, a distinction shall be drawn between:a.direct costs, in particular the fees paid to assessors, their expenses and the expenses of accreditation agency employees in connection with on-site visits;b.indirect costs, in particular the expenditure of the sac and the accreditation agency in connection with accreditation procedures.2 in the case of institutional accreditation, the direct and indirect costs shall be charged as follows:a.the accreditation agency shall invoice higher education institutions and other institutions within the higher education sector whose sponsors are required under fca-che to contribute funding to the sac and to the accreditation agency for the direct costs.b.the other recognised agencies shall invoice higher education institutions and other institutions within the higher education sector for the direct costs; they may invoice them for indirect costs up to the amount specified in article 4 paragraph 2.43 in the case of programme accreditation, the higher education institutions and other institutions within the higher education sector shall be invoiced for the direct and indirect costs irrespective of the sponsor.54 amended by no i of the sac o of 27 sept. 2019, approved by the higher education council on 27 feb. 2020 and in force since 1 sept. 2020 (as 2020 3561).5 inserted by no i of the sac o of 27 sept. 2019, approved by the higher education council on 27 feb. 2020 and in force since 1 sept. 2020 (as 2020 3561).section 2 fees for accreditation procedures in accordance with heda art. 4 institutional accreditation 1 the direct costs of an institutional accreditation procedure in accordance with heda with five assessors, a one-day preparatory meeting and a 2.5-day on-site visit shall be charged at a flat-rate, excluding value added tax (vat) of chf 32,000.2 the indirect costs of an institutional accreditation procedure with a one-day preparatory meeting and a 2.5-day on-site visit shall be charged at a flat rate, excluding vat, of chf 27,000.3 for a larger group of assessors or a longer on-site visit, the fees shall be adjusted according to the schedule of fees for services provided by the accreditation agency to third parties.4 the costs of any other revision work shall not be included in the flat rate; they shall be charged on the basis of the given workload.art. 5 programme accreditation 1 the direct costs of a programme accreditation procedure in accordance with heda with five assessors and a 1-5-day on-site visit shall be charged at a flat rate, excluding vat, of chf 13,000.2 the indirect costs of a programme accreditation procedure in accordance with heda with a 1.5-day on-site visit shall be charged at a flat-rate, excluding vat of chf 20,000.3 for larger or smaller groups of assessors or longer or shorter on-site visits, the fees shall be adjusted according to the schedule of fees for services provided by the accreditation agency to third parties.4 the costs of any other revision work shall not be included in the flat rate; they shall be charged on the basis of the given workload.section 3 fees charged for services provided to third parties art. 6 remuneration of assessors 1 fees shall be charged to cover the following costs of the services of assessors who conduct accreditation and other quality assurance procedures on behalf of third parties:a.a daily fee for an on-site visit by members of the group of assessors, including the report and the preparatory and follow-up work, gross: chf 800;b.a daily fee for an on-site visit by the head of the group of assessors, including report and preparatory and follow-up work, gross: chf 1,200;c.a flat-rate fee for revision work without an on-site visit, including the report, covering one day, gross: chf 800;d.a flat-rate fee for drafting the group of assessors' report, gross: chf 1,600;e.a flat-rate fee for other activities carried out during accreditation procedures, such as preliminary examination or revision work without a report by the group of assessors, covering half a day, gross: chf 400.2 the fees do not cover the social insurance contributions and taxation (incl. tax at source) of assessors who reside abroad.art. 7 expenses of assessors 1 in order to cover the assessors' expenses, fees shall be charged that cover these costs.2 expenses include all costs incurred while providing the services concerned, and in particular travel, food and accommodation costs.3 the accreditation agency shall regulate the details for determining the fees, and for covering and billing the expenses. in doing so, it may not exceed the maximum rates set out in articles 41-48 of the fdf ordinance of 6 december 20016 to the federal personnel ordinance.6 sr 172.220.111.31art. 8 calculation basis for services provided by accreditation agency employees fees shall be charged for the services provided by accreditation agency employees to cover these costs. the following rates apply, which cover an infrastructure contribution as well as ordinary operating costs:a.hourly rate for the director, excluding vat: chf 200;b.hourly rate for the person managing the accreditation procedure, excluding vat: chf 140;c.hourly rate for work done by the secretariat, excluding vat: chf 80.section 4 final provisions art. 9 repeal of other legislation the fee regulations of the swiss accreditation council of 12 march 20157 are repealed.7 not published in the as.art. 10 commencement this ordinance comes into force on 1 july 2018.

420.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the promotion of research and innovation(ripa)of 14 december 2012 (status as of 15 april 2021) the federal assembly of the swiss confederation,based on article 64 paragraphs 1 and 3 of the federal constitution1, and having considered the federal council dispatch of 9 november 20112,decrees:1 sr 1012 bbl 2011 8827chapter 1 general provisions art. 1 purpose with this act, the confederation aims to:a. encourage scientific research; b. encourage science-based innovation;c. support the analysis and exploitation of research results;d. ensure cooperation between research bodies;e. ensure the economical and effective use of federal funding for scientific research and science-based innovation.art. 2 definitions in this act:a. scientific research (research) means the method-based search for new knowledge; it covers in particular:1. basic research: research, the main goal of which is to gain knowledge,2. applied research: research, the main goal of which is to contribute solutions to practical problems;b. science-based innovation (innovation) means the development of new products, methods, processes and services in industry and society through research, particularly applied research and the exploitation of its results.art. 3 scope of application this act applies to research bodies that use federal funding for research and innovation.art. 4 research bodies pursuant to this act, research bodies are:a. the following research funding institutions:1. the swiss national science foundation (snsf),2. the association of the swiss academies, which comprise:- the swiss academy of natural sciences (scnat)- the swiss academy of humanities and social sciences (sahs)- the swiss academy of medical sciences (sams) - the swiss academy of engineering sciences (satw);b.3 the swiss innovation agency (innosuisse) under the federal act of 17 june 20164 on the swiss innovation agency;c. the following higher education research centres:1. the two federal institutes of technology and research institutes within the federal institutes of technology domain,2. higher education institutions and other institutions within the higher education sector that are accredited under the federal act of 30 september 20115 on the funding and coordination of the higher education sector (heda),3. research facilities of national importance which receive funding from the confederation under this act (art. 15);d. the federal administration, insofar as it:1. conducts policy research for the fulfilment of its remit, or2. carries out activities to promote research and innovation.3 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).4 sr 420.25 sr 414.20art. 5 non-commercial research centres outside the higher education sector pursuant to this act, non-commercial research centres outside the higher education sector are defined as institutions with public or private funding bodies which are not research bodies under article 4, whose aim is to conduct research activities and which meet the following requirements:a. the funding bodies and owners of the institution do not gain pecuniary advantage from its research activities;b. the level and quality of the research is comparable to that of research carried out by higher education research centres.art. 6 principles and missions 1 when planning federally funded activities, research bodies shall take the following into account:a. the freedom of research, the scientific quality of research and innovation, and the variety of scientific opinions and methods;b. the freedom of teaching and the close relationship between teaching and research;c. scientific integrity and good scientific practice.2 when fulfilling their tasks, they encourage:a. the career development of promising young researchers;b. equal opportunities and true gender equality between men and women.3 furthermore, when fulfilling their tasks, they take account of:a. the goals of the sustainable development of society, the economy and the environment;b. international collaboration undertaken by other research bodies and the confederation.4 when promoting innovation they are attentive to their contribution to competitiveness, value creation and employment in switzerland.chapter 2 promotion section 1 the confederation's tasks and competences art. 7 tasks 1 the confederation shall promote research and innovation pursuant to this act and other specific legislation by:a. supporting the two federal institutes of technology and the research institutes within the federal institutes of technology domain;b. granting financial contributions under the heda6;c. supporting research funding institutions;d. supporting research facilities of national importance;e. its own policy research, including setting up and operating federal research institutes;f.7 managing innosuisse and other innovation support measures;g.8 international cooperation in research and innovation.2 the confederation may support the creation of a swiss innovation park in order to secure switzerland's position as a location for research and innovation.3 the federal council may give the task of implementing topic-specific funding programmes to research funding institutions and to the innosuisse.94 it may delegate international cooperation tasks to research funding institutions and innosuisse, when their specific competencies are required in order to carry out these tasks.106 sr 414.207 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).8 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).9 amended by no ii of the fa of 30 sept. 2016, in force since 1 jan. 2018 (as 2017 163; bbl 2016 3089).10 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 8 service level agreements 1 the federal council may draw up service level agreements with non-governmental research bodies and other beneficiaries specified in this act.2 it may delegate these competences to the federal department of economic affairs, education and research (eaer) or to the competent administrative unit.section 2 tasks, promotion principles and contributions of the research funding institutions art. 9 tasks and promotion principles 1 the research funding institutions perform tasks that, in practice, need to be carried out within the scope of scientific self-governance.2 they promote research which does not directly serve commercial purposes.3 they promote research in accordance with their own statutes and regulations. these require the approval of the federal council, insofar as they cover activities for which federal funding is used. the research funding institutions may delegate the task of issuing implementing provisions of minor importance to the statutes and regulations requiring approval to subsidiary bodies. these provision do not require approval.114 the research funding institutions place particular emphasis on the promotion of basic research.5 they promote research in non-commercial research institutes outside the higher education sector according to the following requirements:a. the scientific independence of the persons in charge of the implementation of research is ensured;b. the research serves the education and training of young researchers;c. the results will be made available to the scientific public.11 amended by no i of the fa of 30 sept. 2016, in force since 1 feb. 2017 (as 2017 163; bbl 2016 3089).art. 10 swiss national science foundation 1 the swiss national science foundation (snsf) is the confederation's funding body for research in all academic disciplines that are represented at a higher education research centre.2 it uses the contributions granted by the confederation for, in particular:a. research funding within the framework of the research instruments that it has set up;b. funding programmes and networked research projects at national and international level that it has decided to participate in;c. implementing national funding programmes which have been approved and commissioned by the federal council, particularly the national research programmes and the national centres of competence in research;d. supporting switzerland's participation in international programmes which have been approved and commissioned by the federal council;e. supporting measures for the evaluation and exploitation of results of research which it has encouraged.3 within its remit and responsibilities, it decides on suitable instruments and the type of funding. in so doing, it focuses on the funding of:a. excellent research projects;b. highly qualified young researchers;c. research infrastructures which serve the development of fields of expertise in switzerland and which are not within the remit of the higher education research centres or the confederation;d. international research cooperation in accordance with the confederation's relevant goals and measures.4 in the context of its support for higher education research centres and non-commercial research centres outside the higher education sector, it pays contributions in order to compensate for indirect research costs (overheads) which are incurred. the federal council regulates the principles for calculating the contributions.5 the snsf participates in the procedures that precede the decisions on the national research programmes, the national centres of competence in research and further funding programmes which are assigned to it.6 in order to ensure the continuity of its research funding, it may use part of the funding provided by the confederation to build up equity in the form of reserves. in any financial year, the total of the reserves may not exceed 10 per cent of the concurrent annual funding provided by the confederation.7 based on the financing decisions of the federal assembly, the state secretariat for education, research and innovation (seri) periodically draws up a service level agreement with the snsf. in this agreement, additional tasks conferred by the federal council are also specified.art. 11 swiss academies of arts and sciences 1 the association of swiss academies is the confederation's funding body for strengthening cooperation in and between all academic disciplines and for rooting science in society.2 it uses the contributions granted by the confederation for the following purposes in particular:a. conducting and promoting the early recognition of themes relevant to society in education, research and innovation;b. striving to ensure that whoever makes or applies scientific discoveries assumes their ethical responsibilities;c. encouraging dialogue between the world of science and society; it promotes studies on the opportunities and risks of innovations and technologies.3 the academies coordinate their research funding activities in the context of the association and in particular ensure collaboration with higher education research centres.4 they promote collaboration among scientists and experts in specialist bodies, commissions and other suitable organisational forms and use these to perform their tasks.5 they support international scientific collaboration by funding or running suitable institutions, in particular national coordination platforms and scientific administrative offices for internationally coordinated programmes in which switzerland participates.6 they may support data collections, documentation systems, scientific journals, publications, or similar institutions, which serve as useful infrastructures for the development of fields of expertise in switzerland and which do not come under the remit of the snsf or the higher education research centres or do not receive direct support from the confederation.7 based on the financing decisions of the federal assembly, seri periodically enters into a service level agreement with the swiss academies of arts and sciences. in this document, the association and the individual academies may be assigned with evaluations under paragraphs 1-4, with the implementation of scientific projects, the operation of institutions under paragraph 6 and other special tasks.art. 12 scientific integrity and good scientific practice; sanctions 1 the research funding institutions ensure that research which they support conforms to the rules of scientific integrity and good scientific practice.2 if they have good reason to believe that these rules are being breached, they may, within their promotion and controlling mechanisms, obtain information from national or foreign institutions or persons concerned and provide information to such institutions or persons.3 they shall set out administrative sanctions in their regulations for violations of scientific integrity and good scientific practice in connection with the acquisition and use of their funding. they may apply one or more of the following measures:a. written reprimand;b. written warning;c. reduction, suspension or repayment of the contributions;d. temporary exclusion from making further applications.4 they may inform the employing institution of violations and sanctions.5 offences under article 37 or 38 of the subsidies act of 5 october 199012 in relation to the promotion of research are prosecuted by seri in accordance with the provisions of the federal act of 22 march 197413 on administrative criminal law.12 sr 616.113 sr 313.0art. 13 procedures and rights of appeal 1 the research funding institutions regulate their procedures for rulings on funding. these must comply with the requirements of articles 10 and 26-38 of the administrative procedure act of 20 december 196814 (apa).2 article 11b apa applies to notification of rulings given to applicants abroad in the case of cross-border procedures.3 applicants may appeal against:a. the violation of federal law including exceeding or misusing discretion;b. the incorrect or incomplete declaration of the legally relevant facts.4 the names of the referees and the scientific reviewers may only be communicated with their consent to the complainant.5 furthermore the appeal procedure shall comply with the general provisions on the administration of federal justice.14 sr 172.021section 3 research and research promotion by the federal administration art. 14 reservation of specific legal provisions this act applies to the federal administration insofar as it carries out or funds research; specific legal provisions relating to policy research are reserved.art. 15 contributions to research facilities of national importance 1 as part of its approved budget, the federal council may make contributions to research facilities of national importance. federal contributions may be linked to certain conditions, namely the condition of reorganising or merging the research facilities concerned.2 it may delegate to the eaer the responsibility for decisions regarding contributions. rules of jurisdiction in specific legal provisions are reserved.3 research facilities under paragraph 1 may be legally independent facilities of the following types:a. non-commercial research infrastructures based outside higher education institutions or which are associated with them, in particular auxiliary scientific services in the field of scientific and technical information and documentation;b. non-commercial research institutes based outside higher education institutions or which are associated with them;c. centres of technological excellence which work with higher education institutions and businesses on a non-commercial basis.4 in order to receive funding, research facilities must meet the following requirements:a. they perform tasks of national importance which cannot be carried out expediently by existing higher education institutions and other institutions within the higher education sector;b. they receive substantial funding from cantons, other public institutions, higher education institutions or private persons and legal entities.5 the federal funding amounts to:a. in the case of research infrastructures, a maximum of 50 per cent of the total expenditure for investments and operations; the contribution is complementary to support provided by cantons, other public institutions, higher education institutions or private persons and legal entities;b. in the case of research institutes, a maximum of 50 per cent of basic funding (total expenditure for investments and operations, after deduction of competitive research funding and mandates); the maximum amount equals the sum of the support provided by cantons, other public institutions, higher education institutions and private persons and legal entities;c. in the case of centres of technological excellence, a maximum of 50 per cent of basic funding (total expenditure for investments and operations, after deduction of competitive research funding); the maximum amount equals the sum of the contributions provided by research and development cooperation projects and the support provided by cantons, other public institutions, higher education institutions and private persons and legal entities.6 the federal council shall specify the assessment criteria under paragraph 5. in order to develop new areas of activity of centres of technological excellence, he may put in place special temporary regulations relating to the qualifying income from competitive research funding.7 if the support measures affect the remit of other research bodies, the swiss university conference or the eth board, they must be consulted beforehand.art. 16 federal policy research 1 policy research is research initiated by the federal administration because it needs the results of this research to fulfil its tasks.2 policy research may include the following measures:a. operating the confederation's own research institutes;b. contributing to higher education research centres for the implementation of research programmes;c. implementing the federal administration's own research programmes, in particular in cooperation with higher education research centres, research funding institutions, innosuisse15 or other funding organisations;d. the awarding of research contracts (contract research).3 in addition to the measures under paragraph 2, policy research institutions which are not federal research institutes, but which must conduct their own research projects for the appropriate fulfilment of their remit, may apply to innosuisse or other national and international funding organisations for third party funding or for participation in programmes.164 policy research is subject to the principles of article 6 paragraph 1 letters a, b and c as well as paragraph 3 and 4.5 departments are responsible for policy research in their area of responsibility.6 in the case of measures under paragraph 2 letters b and c, the responsible administrative units shall make contributions to compensate for indirect research costs (overheads). the federal council regulates the principles for calculating the contributions.7 provisions on funding under section 8 do not apply to policy research.15 term in accordance with annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487). this amendment has been made throughout the text.16 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 17 federal research institutes 1 under specific legal provisions, the confederation may set up its own research institutes and take over existing ones in part or in entirety.2 federal research institutes must be closed if they no longer fulfil a need or if their tasks could be fulfilled more efficiently and to a comparable standard by higher education research centres.3 the federal council shall ensure that federal research institutes are appropriately organised.4 under paragraph 3, it may delegate decision-making powers to the department responsible. regulations on responsibilities contained in specific legal provisions are reserved.5 if measures under paragraphs 1 and 2 affect the activities of other research bodies, the swiss university conference or the eth board, they shall be consulted beforehand.6 federal research institutes may apply to innosuisse or other national and international funding organisations for third party funding or for participation in programmes.1717 inserted by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).section 4 innovation promotion art. 18 tasks of the confederation 1 the confederation may support innovation projects.2 in addition, it may support:a. measures to promote science-based entrepreneurial initiatives;b. measures for setting up and developing science-based companies;c. the exploitation of knowledge and the knowledge and technology transfer between higher education institutions, the private sector and society;d.18 next-generation innovators.3 it shall develop the principles for promoting innovation.4 it shall ensure the evaluation of funding activities.18 inserted by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 19 innovation project funding 1 as the confederation's funding institution, innosuisse encourages science-based innovation within the meaning of the federal act of 17 june 201619 on the swiss innovation agency and supports innovation projects through contributions to higher education research centres and non-commercial research centres outside the higher education sector.202 contributions shall only be granted if the following requirements are fulfilled:a. the project is run with one or more private or public partners who are responsible for its commercial exploitation (implementation partner(s));b. effective implementation of the research findings in favour of the economy and society may be expected;c. the project could probably not be carried out without the confederation's support;d. the implementation partner(s) participate equally in the project funding. the federal council may make an exception to this funding rule, in particular for:1. projects with an above-average potential for success,2. projects whose results may benefit a large number of users;e. the project contributes to the practice-oriented training of young researchers.3 innosuisse may fund feasibility studies, prototypes and testing facilities even without implementation partners if they are carried out by higher education research centres or non-commercial research institutes outside the higher education sector and the project has significant potential for innovation.214 it may in addition provide for instruments to subsidise the costs of studies carried out by companies to determine the effectiveness and feasibility of projects.225 in particular, it shall promote projects under paragraphs 1 and 3 which make a contribution to the sustainable use of resources.236 the projects promoted must follow the principles of scientific integrity and good scientific practice. if this is not the case, the sanctions and the duty to provide information under article 12 paragraphs 2-4 apply.19 sr 420.220 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).21 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).22 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).23 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 20 other support measures 1 innosuisse may support science-based entrepreneurial initiatives by:24a.25 informing and training people who wish to start a business, have recently started a business or wish become part of an existing business;b. providing information and counselling.2 it may support the setting up and development of science-based businesses by:26a. providing guidance, consulting and coaching to new entrepreneurs;b. helping business people to find funding;c. providing information and advisory services.3 it may support the use of knowledge as well as knowledge and technology transfer by encouraging an exchange of information between higher education institutions and the private sector.2724 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).25 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).26 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).27 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 2128 vouchers for guidance, consulting, coaching and mentoring 1 in the case of guidance, consulting and coaching under article 20 paragraph 2 letter a, and support in the exchange of information between higher education institutions and the private sector under article 20 paragraph 3 through innovation mentoring, only services rendered by qualified providers selected by innosuisse are eligible.2 innosuisse shall maintain a publically accessible list of qualified service providers.3 vouchers may be used in support of:a. new entrepreneurs for guidance, consulting and coaching (art. 20 para. 2 let. a);b. companies for innovation mentoring (art. 20 para. 3).4 innosuisse-funded services and corresponding maximum thresholds shall be formalised in a contract with the voucher recipient under paragraph 3. in simple cases, funding commitments shall be made by an official decision.28 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 2229 next-generation innovators 1 innosuisse may support highly qualified next-generation innovators by providing them with scholarships or interest-free loans.2 the financial aid referred to in paragraph 1 shall be provided within the framework of a personalised support programme decided by innosuisse. this shall include a stay abroad:a. in a science-based company to acquire practical skills; or b. in a research centre within the meaning of article 4 letter c or article 5 to further develop applied research skills.3 the financial aid referred to in paragraph 1 shall only be provided if the programme referred to in paragraph 2 cannot be provided as part of an innovation project under article 19 or as measures under article 20.4 the duration of the stay referred to in paragraph 2 may not exceed 3 years.5 the amount of scholarships, financial participation in companies and the terms of repayment of interest-free loans are set forth in the innosuisse funding ordinance.29 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018, abs. 5 in force since 1 jan. 2017 (as 2016 4259, 2017 131; bbl 2015 9487).art. 2330 compensation of indirect research costs 1 as part of its support activities, innosuisse shall make contributions to compensate for indirect research costs (overheads) incurred by higher education research centres and by non-commercial research centres outside the higher education sector.2 the federal council regulates the principles for calculating the contributions.30 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 2431 applicability of the subsidies act the provisions of the federal act of 5 october 199032 on financial assistance and subsidies apply to innosuisse innovation support activities.31 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).32 sr 616.1art. 25 prosecution offences referred to in article 37 or 38 of the subsidies act of 5 october 199033 in relation to innovation support shall be prosecuted by the eaer under the provisions of the federal act of 22 march 197434 on administrative criminal law.33 sr 616.134 sr 313.0section 5 responsibility of the federal council for additional eligibility conditions art. 26 compliance with scientific integrity and good scientific practice 1 the federal council may make the granting of federal funding to higher education research centres subject to the following criteria:a. the higher education research centres introduce quality assurance measures for research funded by the confederation;b. they issue guidelines on compliance with the rules of scientific integrity and good scientific practice for the scientists working in their institutions;c. they are able to take measures in the event of violations of these rules and have the procedures required for doing so.2 measures are deemed particularly necessary in cases where:a. research findings made by third parties are used without citing the source;b. research findings, research data and research records are used that have been invented, or are forged or falsified by being presented in an intentionally misleading manner;c. scientific integrity and good scientific practice are breached in any other serious manner.art. 27 exploitation of research findings 1 the federal council may make federal funding for higher education research centres contingent on higher education research centres developing a strategy for their research and innovation activities on the exploitation of knowledge and the knowledge and technology transfer between higher education institutions and the private sector.2 it may additionally make the granting of federal funding contingent on one or more of the following requirements:a. the intellectual property rights or the rights of use to the results of federally funded research are transferred to the employer higher education research centre;b. the employer higher education research centre concerned takes measures to promote the exploitation of research results, in particular their commercial use, and to share the revenues appropriately with the creators of the intellectual property;c. the research and implementing partners propose regulations for intellectual property and rights of use.3 if the higher education research centres concerned fail to implement the measures under paragraph 2 letter b, the creators may request the reassignment of the intellectual property rights or the rights of use.section 6 international cooperation in the field of research and innovation art. 28 goals, tasks and responsibilities 1 the confederation shall support swiss international cooperation in research and innovation to better position switzerland as a location for research and innovation, to promote the swiss higher education sector and to further business, social and environmental interests.2 in the context of the overall goals for switzerland's international research and innovation policy, it may promote:a. switzerland's participation in the development and operation of international research facilities and internationally coordinated research infrastructures;b. switzerland's participation in international programmes and projects promoting research and innovation;c. switzerland's involvement in international organisations and bodies in the conception, planning, implementation, operation and development of the corresponding promotion activities;d. further bilateral and multilateral cooperation and cooperation in research and innovation.art. 29 contributions and measures 1 within the limits of the credits authorised, the federal council may make the following contributions and provide for the following measures:a. contributions to research and technology programmes and projects which enable or facilitate swiss participation in international organisations and programmes' experiments and schemes or swiss use of international research facilities;b. contributions to higher education research centres and non-commercial research centres outside the higher education sector, to enable or facilitate swiss participation in the experiments and schemes of international organisations and programmes;c. contributions to higher education research centres for bilateral or multilateral cooperation in research outside international programmes and organisations; in this context it may make its contribution contingent on the beneficiary making its own suitable contributions in the interests of switzerland's international research and innovation policy;d.35 contributions to swiss companies for devising project proposals for participation in the european union's framework research programmes;e.36 contributions to swiss companies for the promotion of their participation in the european union's framework research programmes and the initiatives and programmes co-financed by these framework programmes, provided provision is made for the company to receive government contributions for such participation;f. 37 contributions to non-commercial institutions and organisations for the following activities, provided they are not carried out by the confederation itself:1. provision of information to interested groups in switzerland on activities and programmes for international cooperation in research and innovation,2. counselling and support for interested groups in switzerland in relation to the drafting and filing of applications regarding international research and innovation programmes and projects.g.38 .2 the federal council shall regulate the assessment of the contributions and the procedure.35 inserted by no i of the fa of 27 sept. 2013, in force since 1 march 2014 (as 2014 463; bbl 2013 1987).36 inserted by no i of the fa of 27 sept. 2013, in force since 1 march 2014 (as 2014 463; bbl 2013 1987).37 originally: let. d. amended by no i of the fa of 30 sept. 2016, in force since 1 march 2017 (as 2017 163; bbl 2016 3089).38 originally: let. e. repealed by no i of the fa of 30 sept. 2016, with effect from 1 march 2017 (as 2017 163; bbl 2016 3089).art. 30 tasks for the snsf the federal council may give the snsf the following tasks within its remit and expertise:a. representing the interests of the swiss confederation in international bodies that conceive and plan international funding programmes in which switzerland participates;b. evaluating applications for programmes in which switzerland participates;c. implementing national promotional measures to support the confederation's international promotional measures;d. concluding agreements that fall within its remit with research funding organisations in other countries.art. 31 conclusion of international treaties by the federal council 1 the federal council may conclude international treaties on international collaboration on research and innovation.2 in the treaties, it may make arrangements for:a. budgetary control and audits;b. personnel security screening;c. safeguarding and allocating intellectual property that results from or is required in the context of scientific collaboration;d. the federal participation in public or private legal entities;e. accession to international organisations;f. controlling activities by representatives from third countries and from international organisations in higher education research centres and other private or public research institutions involved in switzerland.3 if the agreements under paragraph 1 affect the tasks of specific research bodies, the swiss university conference or the eth board, they must be consulted beforehand.section 7 swiss innovation park art. 32 requirements for support from the confederation 1 the confederation may support the construction of a swiss innovation park subject to the following conditions:a. the innovation park serves a greater national interest, competitiveness, resource efficiency and sustainable development;b. in order to maintain a balance between the regions, it is from the outset established on several regional sites, which are coordinated and which work with the higher education institutions;c. it cannot be realised as part of the ordinary promotion activities under article 7 paragraph 1;d. it complements the standard promotion activities under sections 2 and 4 in an appropriate manner;e. it makes an effective contribution to the networking of innovation activities in switzerland in both institutions and regions.2 the federal assembly shall approve the confederation's support of a swiss innovation park with a simple federal decree.art. 33 support measures and their requirements 1 the confederation's support for the swiss innovation park can be implemented by:a. the sale of suitable real estate owned by the confederation;b. the provision of suitable real estate owned by the confederation without waiving claims to land lease interests;c. the provision of suitable real estate owned by the confederation subject to a fixed-term waiver of claims to land lease interests;d. the acquisition of real estate owned by third parties;e. a combination of the measures under letters a-d;f.39 further measures necessary to the success of the innovation parks which cannot be achieved through standard promotion methods under article 7 paragraph 1, particularly fixed-term interest-free loans or other appropriate financing instruments or contributions to the operating costs of the institution responsible in accordance with paragraph 2 letter b.2 the following requirements apply to the support:a. land use and local area planning requirements for the planned use of the real estate concerned must be met in full at the time of the federal decree under article 32 paragraph 2.b. a private or public institution with diverse national investors with the involvement of several cantons and the private sector is responsible for the construction of the innovation park; its establishment must at the latest coincide with the federal decree.c. the institution responsible for the construction of the innovation park guarantees, in particular:1. long-term-oriented development and the reliable operation of the innovation park;2. compliance with all building law and public procurement law requirements for public and private investors;3. a clearly regulated structural and management organisation adapted to its legal form, which observes the principles applicable to public institutions regarding accounting, financial controlling and financial reporting to its investors;4. regulated rights for the eth board, research institutes within the federal institutes of technology domain and other interested higher education institutions to participate in decision-making processes on issues affecting the activities and interests of these bodies and institutions.3 the construction of the innovation park will be divided across several sites. for the institutions responsible for the locations, different funding bodies may be provided under paragraph 2 letter b. the requirements under paragraph 2 letter c apply to all of these institutions. furthermore, the institutions responsible for each location must be able to provide a sufficient guarantee of appropriate networking of the locations.39 amended by no i of the fa of 25 sept. 2020, in force since 15 april 2021 (as 2021 186; bbl 2020 3681).art. 34 public law contract 1 based on the federal decree in accordance with article 32 paragraph 2, the federal council shall enter into a public law contract with the institutions responsible under article 33 paragraph 2 letter b.2 this contract regulates the following:a. the purpose of the government's individual support measures;b. the amount of and due date for repayment to the confederation of the income generated by the institution;c. the way in which funding should be reimbursed to the confederation if the aim fails.section 8 financing art. 35 applications of the federal council 1 the federal council shall submit to the federal assembly:a. a periodic dispatch on the promotion of education, research and innovation (the eri dispatch);b. as required further specific dispatches on the promotion of research and innovation.2 in these dispatches, it requests the federal assembly to make the required financing decisions.art. 36 authorisation of funds the federal assembly shall authorise the following for a multi-year period by simple federal decree:a. the payment structure for research funding institutions;b. the payment structure for contributions to research facilities of national significance;c.40 the payment structure for innosuisse innovation support activities;d. the guarantee credits for contributions in the context of international cooperation in the field of research and innovation;e.41 the payment structure for the operating costs of the institution responsible for the swiss innovation park under article 33 paragraph 2 letter b.40 amended by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).41 inserted by no i of the fa of 25 sept. 2020, in force since 15 april 2021 (as 2021 186; bbl 2020 3681).art. 37 approval and payment of funds 1 federal contributions to research funding institutions are approved on the basis of the promotion plans which are presented annually by the institutions and approved by the relevant federal offices (art. 48).2 federal contributions to research facilities of national importance (art. 15) are approved on the basis of rulings on contributions and on service level agreements.3 the payment of approved federal contributions is made in accordance with article 23 of the subsidies act of 5 october 199042.4 the approval and payment of federal contributions in the context of international cooperation depends on:a. the provisions of the international treaties; orb. the provisions of rulings on contributions and agreements.42 sr 616.1section 9 repayment of funds art. 38 repayment in the case of a breach of duty 1 research funding institutions shall demand the repayment of the funds which they have granted if these have been wrongfully paid out or if the recipient has not fulfilled his obligations despite having been reminded to do so.2 the right to demand repayment shall prescribe three years from the time that the donor becomes aware of it, and in any case ten years from the time that the right is created.432bis if the recipient has committed a criminal offence through his or her conduct, the right to demand repayment prescribes at the earliest when the right to prosecute the offence prescribes. if the right to prosecute is no longer liable to prescription because a first instance criminal judgment has been issued, the right to demand repayment prescribes at the earliest three years after notice of the judgment is given.443 research funding institutions shall use repaid funds for tasks assigned to them by the confederation. they shall provide information on this in their annual reports.43 amended by no 5 of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).44 inserted by no 5 of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).art. 39 repayment in the case of economic benefit and profit sharing 1 if the results of fully or partially federally-funded research are used commercially, the research funding institutions may demand:a. repayment of the funds they granted in proportion to the revenues earned; andb. an appropriate share of profits.2 research funding institutions shall use repaid funds for tasks assigned to them by the confederation. they shall provide information on this in their annual reports.chapter 3 coordination and planning section 1 self-coordination art. 40 1 every research body shall coordinate the activities to be carried out under its authority or with its support.2 research bodies shall coordinate their activities between themselves by providing each other with information in good time.3 the research funding institutions, innosuisse and the federal administration, insofar as they promote research and innovation, shall coordinate their activities by adjusting their promotion measures and collaboration within the scope of their promotion activities. they shall in their coordination efforts take account of teaching needs, research carried out without government funding, research abroad and coordination under the heda45.45 sr 414.20section 2 coordination by the federal council art. 41 principles 1 the federal council shall ensure that federal funding for research and innovation is used in a coordinated, economical and effective manner.2 if cooperation cannot be achieved through self-coordination, the federal council shall take the required measures. to this end, it may in particular give existing commissions specific coordination tasks or set up special commissions.3 it checks, periodically or when required:a. the coordination between national and international promotion of research and innovation;b. the coherence between international cooperation on research and innovation and switzerland's economic foreign policy, development policy and general foreign policy.4 additionally, it shall take the required measures for the coherent coordination of the confederation's international research and innovation promotion, particularly regarding cost-intensive research infrastructures, with:a. development planning within the federal institutes of technology domain; andb. national coordination of higher education policy and division of tasks in particularly cost- intensive fields.5 it shall coordinate the planning and implementation of national promotion initiatives in the field of research and innovation which, due to their organisational and financial consequences cannot be implemented within the standard promotion activities of the research funding institutions and innosuisse.6 in doing so, it shall ensure that the research bodies, the swiss university conference and the eth board are involved in the planning. it shall draft proposals to the federal assembly regarding promotional measures under paragraph 5, including decisions on financing and implementation, in agreement with the swiss university conference.art. 42 interdepartmental coordination committee for federal policy research 1 the federal council shall set up an interdepartmental committee for federal policy research.2 it shall set out the procedure for the appointment of members of the coordination committee.3 the coordination committee has the following tasks:a. it coordinates the process for the development of the multi-year programme (art. 45 para. 3);b. it issues guidelines on quality assurance in the field of policy research.4 the federal council may give the coordination committee other tasks in the field of policy research.section 3 research and innovation policy planning art. 43 planning resources the resources used for research and innovation policy planning are:a. the review of the strategic objectives of the confederation's promotion policy;b. the multi-year programmes;c. the annual plan.art. 44 reviewing the strategic objectives of the confederation's promotion policy 1 the eaer shall instruct national or international expert commissions to conduct the periodic review of swiss research and innovation promotion policy or parts thereof.2 it shall obtain an overarching statement from the swiss science council46 concerning the results.3 in certain cases it may instruct the swiss science and innovation council to conduct reviews under paragraph 1 or the coordination thereof.4 based on the review under paragraph 1, the federal council shall determine the strategic objectives for the confederation's research and innovation promotion policy. before doing so, it shall consult the swiss university conference, the eth board, the snsf, innosuisse and, if required, other research bodies concerned.5 it shall adapt promotion policy to the new conditions.6 it shall periodically submit a report on the results of the reviews under paragraph 1 and on its research and innovation promotion policy strategy to the federal assembly at the same time as it submits the eri dispatch.46 term in accordance with annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487). this amendment has been made throughout the text.art. 45 multi-year programmes 1 with the multi-year programmes, the research bodies provide information on their research and innovation policy plans and their medium-term priorities.2 the multi-year programmes aim at the coordination and cooperation among research bodies and contain the information required for the periodic eri dispatch and for the confederation's financial planning. they also serve as a basis for the confederation's periodic service level agreements with research funding institutions.3 the multi-year programmes for policy research are presented in the form of trans-organisational research concepts. in them, the federal administration provides information on planned priorities for policy research. in doing so, they particularly take into account the existing research priorities for higher education institutions, the snsf's funding programmes under government mandate and the innosuisse's activities.art. 46 responsibility for development 1 responsibility for development of the multi-year programme lies with:a. the research funding institutions;b. innosuisse;c. the research facilities of national importance that are supported under this act;d. offices of the federal administration designated by the federal council.2 higher education institutions that receive contributions under chapter 8 of the heda47 shall provide the necessary information on their research in accordance with the procedures specified in the heda.3 the two federal institutes of technology and the research institutes within the federal institutes of technology domain shall provide the necessary information on their research in accordance with the procedures specified in the federal act of 4 october 199148 on the federal institutes of technology.47 sr 414.2048 sr 414.110art. 47 procedures 1 the federal council decides on the formal requirements for the multi-year programmes.2 the multi-year programmes shall be presented to:a. the federal council for information;b. if it concerns university research: the swiss university conference for comment;c. if it concerns the federal institutes of technology domain: the eth board for comment.3 if the multi-year programmes are not harmonised or if the funding requests exceed the federal funds expected to be available, the federal council may require the programme to be revised.4 the federal council shall submit a report on the multi-year programme to the federal assembly in the context of the periodic eri dispatch.art. 48 annual plan 1 research funding institutions shall issue an annual promotion plan. they shall submit it to the eaer for approval.2 the eaer may delegate its power of approval to the relevant administrative unit.3 the federal administration shall clarify in the explanatory statements on the budget how funds for policy research tasks should be used.chapter 4 information and reporting obligations, quality control art. 49 information on promotion activities 1 the research funding institutions, innosuisse and the federal administration shall inform the public of their promotion activities in a suitable manner.2 to this end, they shall operate publicly accessible information systems on the projects they fund in the field of research and innovation.art. 50 access to the results of research the research funding institutions, innosuisse and the federal administration shall ensure that the results of research are available to the public in accordance with the legal provisions.art. 51 quality control 1 the research funding institutions and innosuisse shall maintain a suitable quality control system for decision-making and programmes.2 in addition, in the context of the tasks and responsibilities conferred to them, they shall periodically review the suitability of the funding instruments and the form of support.3 quality control in the field of policy research shall be governed by guidelines issued by the interdepartmental coordination committee for policy research. rules in specific legislation are reserved.art. 52 reporting 1 the research funding institutions and the federal administration, insofar as it carries out or promotes research, shall periodically report on their activities and on the implementation of the multi-year programme to the federal council or the department responsible.2 the department responsible regulates the form, extent and timing of the report, if appropriate in the context of the service level agreement concluded.3 the federal council shall provide the federal assembly with the periodic eri dispatch.chapter 5 statistics art. 53 1 the federal council shall order the statistical survey required for the application of this act. 2 it shall first consult the research bodies concerned and, if the statistical survey concerns recipients of funding under the heda49 or the federal act of 4 october 199150 on the federal institutes of technology, the swiss university conference or the eth board.3 it shall guarantee the provision of information on the research and innovation activities of the federal administration and the federal institutes of technology domain whenever possible according to article 50.4 seri runs a database for policy research projects.49 sr 414.2050 sr 414.110chapter 6 swiss science council art. 54 tasks 1 the swiss science council (ssc51) is an extra-parliamentary commission under article 57a paragraph 1 of the government and administration organisation act of 21 march 199752. it advises the federal council on all questions relating to research and innovation policy on its own initiative or when asked to do so by the federal council or the eaer.2 on behalf of the federal council or the eaer, it has the following tasks:a. it evaluates in particular:1. the confederation's promotion measures;2. the research bodies' fulfilment of their tasks;3. the funding instruments of the research funding institutions and innosuisse;4. the efficacy of policy research measures.b. it comments on specific plans or problems in research and innovation policy.c. it supports the eaer with the periodic review of swiss research and innovation policy.d. it advises the federal council on the implementation of this act.51 term in accordance with annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487). this amendment has been made throughout the text.52 sr 172.010art. 55 choice and organisation 1 the federal council chooses the members of the ssc and its president.2 the ssc has 10-15 members. they have proven interdisciplinary competencies in science, vocational education and training and innovation.3 the ssc shall issue regulations governing its organisation and management. these shall be approved by the federal council.chapter 7 final provisions art. 56 implementation the federal council shall issue the implementing provisions.art. 57 repeal and amendment of existing legislation 1 the research and innovation promotion act of 7 october 198353 is repealed, subject to paragraph 2 below.2 until the entry into force of the heda54, article 5 letter b numbers 2 and 3, 6 paragraph 1 letters b and c and 24 paragraph 2 of the federal act on research and innovation of 7 october 1983 continue to apply.3 the heda is amended as follows:.5553 [as 1984 28, 1992 1027 art. 19, 1993 901 annex no 4 2080 annex no 9, 1996 99, 2000 1858, 2003 4265, 2004 4261, 2006 2197 annex no 39, 2008 433, 2010 651, 2011 4497 no i 1, 2012 3655 no i 13, 2013 2639]54 sr 414.2055 the amendments may be consulted under as 2013 4425.art. 57a56 transitional provision to the amendment of 17 june 2016 advisors who carried out an activity within the framework of article 20 paragraph 2 letter a and paragraph 3 when the amendment of 17 june 2016 came into effect, shall be considered as qualified within the meaning of article 21 in the current contract.56 inserted by annex no 2 of the fa of 17 june 2016 on the swiss innovation agency, in force since 1 jan. 2018 (as 2016 4259, 2017 131; bbl 2015 9487).art. 58 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.3 it shall bring the following provisions into force at the same time as the heda57:a. article 4 letter c number 2;b. article 7 paragraph 1 letter b;c. article 46 paragraph 2.4 articles 5 letter b numbers 2 and 3, 6 paragraph 1 letters b and c and 24 paragraph 2 of the research and innovation promotion act of 7 october 198358 shall be repealed at the same time as the heda comes into force.commencement date: 1 january 201459article 4 letter c number 2, 7 paragraph 1 letter b and 46 paragraph 2 come into force at the same time as the heda60 (art. 58 par. 3).57 sr 414.2058 [as 1984 28, 2008 433, 2010 651]59 fcd of 29 nov. 2013.60 sr 414.20, in force since 1 jan. 2015 (as 2014 4103).

420.2 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the swiss innovationagency(innosuisse act, siaa)of 17 june 2016 (status as of 1 january 2018)the federal assembly of the swiss confederation,based on article 64 paragraph 1 of the federal constitution1, having considered the federal council dispatch of 25 november 20152,decrees:1 sr 1012 bbl 2015 9487section 1 the agency and its purpose art. 1 the swiss innovation agency (innosuisse) 1 the swiss innovation agency is a federal public law entity with its own legal personality.2 it shall decide its own organisational structure and keep its own accounts.3 it shall be independent in its funding decisions.4 it shall be managed according to business principles.5 the federal council shall decide the location of the agency's registered office.6 the agency shall be entered into the trade register as 'swiss innovation agency (innosuisse)'.art. 2 1 with innosuisse, the confederation seeks to promote science-based innovation in the interests of the economy and society.2 in order to achieve this objective, innosuisse shall adhere to the principles and mandates set out in article 6 of the federal act of 14 december 20123 on the promotion of research and innovation (ripa) and shall perform the duties set out in article 3 of this act.3 sr 420.1section 2 tasks and cooperation art. 3 tasks 1 innosuisse is the confederation's funding institution for science-based innovation in all disciplines represented at swiss higher education research institutions under article 4, letter c ripa4.2 it shall perform the tasks referred to in article 18 paragraphs 1 and 2 as well as in articles 19-24 ripa.3 it shall represent the confederation in international organisations and bodies involved in innovation promotion in accordance with article 28 paragraph 2, letter c ripa, insofar as it is authorised to do so by the federal council, the federal department of economic affairs, education and research (eaer) or the state secretariat for education, research and innovation (seri), and shall take measures and decisions to the extent of the confederation's participation in these organisations and bodies.4 it shall provide, within its area of responsibility, information on national and international programmes and on the submission of applications.5 it shall take part in the preparation of federal legislation on innovation support, when said legislation relates to its tasks under paragraphs 2 and 3.6 it shall run topic-specific support programmes if mandated to do so by the federal council.7 it shall coordinate its activities with regional and cantonal measures, namely to support the establishment and development of science-based companies and to provide advice on knowledge and technology transfer.4 sr 420.1art. 4 cooperation and participation in legal entities 1 innosuisse may partner with foreign funding organisations or funding institutions for cross-border innovation projects.2 it may participate in non-profit-making legal entities under private or public law if part of the federal council's strategic objectives.section 3 structure art. 5 bodies the bodies of innosuisse are:a.the board of directors;b.the executive committee;c.the innovation council;d.the auditing body.art. 6 board of directors: position, election, structure and vested interests 1 the board of directors is the highest decision-making body. it consists of 5-7 members from science and industry who are specialised in supporting innovation.2 the federal council elects the chairman and members of the board of directors for a 4-year term of office. it may re-elect the chairman twice, the other members once. it may dismiss members of the board of directors if there are important grounds to do so.3 nominees for election to the board of directors must disclose their vested interests to the federal council.4 the members of the board of directors must perform their tasks and duties with due care and must safeguard the interests of innosuisse in good faith. they must disclose their vested interests.5 the board of directors shall take organisational precautions to protect innosuisse interests and avoid conflicts of interest.6 the federal council shall decide the fees and other contractual terms for members of the board of directors. the contract between the members of the board of directors and innosuisse is governed by public law. 7 the members of the board of directors shall keep the board of directors abreast of any changes to their vested interests. the latter shall provide the federal council with an update on the vested interests situation in the annual report. if a given vested interest is incompatible with board of directors membership and if the member fails to divest himself or herself of the conflicting vested interest, then the board of directors shall ask the federal council to dismiss this member.8 the members of the board of directors are obliged to maintain confidentiality regarding official matters both during and after their term of office on the board of directors.art. 7 board of directors: tasks 1 the board of directors shall have the following tasks:a.it shall issue the organisational regulation.b.based on the proposal from the innovation council, it shall adopt the multiannual programme under article 45 ripa5.c.it shall ensure implementation of the federal council's strategic objectives and reports annually to the federal council on the state of progress towards achievement of these objectives.d.it shall issue a regulation on acceptance and management of third-party funds.e.it shall issue a funding ordinance in accordance with article 23 and shall submit this regulation for federal council approval.f.it shall issue a personnel ordinance and submit this ordinance for federal council approval.g.it shall represent innosuisse as a contracting party within the meaning of article 32d paragraph 2 of the federal act of 24 march 20006 on the personnel of the swiss confederation (fpa).h.it shall decide on the issuance, amendment and termination of the ceo's employment contract; it shall first seek federal council approval when deciding to initiate or terminate employment.i.it shall decide, at the request of the ceo, on the issuance, amendment and termination of the employment contract of the other members of the executive committee.j.it shall elect:1.the members of the innovation council;2.at the request of the innovation council, the experts referred to in article 10 paragraph 2 below.k.it shall adopt and submit for federal council approval an ordinance on the fees and other contractual conditions for members of the innovation council and on the remuneration of experts referred to in article 10 paragraph 2 below.l.it shall supervise the innovation council and the executive committee.m.it shall establish an internal control system and risk management system suited to the needs of innosuisse.n.it shall approve the budget.o.it shall prepare and approve an annual report for each financial year and submit the revised annual report for federal council approval; at the same time, it submits a request to the federal council for discharge and the allocation of any profits. it shall publish the annual report after approval.p.it shall apply to the federal council for compensation under article 15.q.it shall establish the conditions of innosuisse communication in the organisational regulation.2 it may establish a compliance office to assist it in its supervisory role.5 sr 420.16 sr 172.220.1art. 8 executive committee 1 the executive committee is the operative body. it is led by a ceo.2 it shall carry out the following tasks in particular:a.it shall handle day-to-day business and manage the executive committee.b.it shall reach decisions pertaining to the matters referred to in article 3 paragraph 4 above.c.it shall prepare the documentation needed for decision-making by the innovation council in relation to the matters referred to in article 10 paragraph 1 below and shall submit proposals on formal funding eligibility requirements and allocation of available funding; if the innovation council disagrees with the executive committee's proposal, then the latter shall seek agreement with the innovation council; if no such agreement is reached, the executive committee shall submit the differences to the board of directors.d.it shall issue decisions and sign contracts in accordance with innovation council decisions.e.it shall monitor the innosuisse budget and the status of current and upcoming financial commitments; it shall be responsible for managing finances as well as for reporting on and controlling funded activities.f.it shall assist the board of directors and the innovation council in preparing their day-to-day activities.g.it shall report to the board of directors at regular intervals and shall do so without delay in the event of specific incidents.h.it shall decide on the issuance, amendment and termination of employment contracts of innosuisse employees; article 7 paragraph 1 letter i remains reserved.i.it shall perform all tasks not otherwise assigned to another body under this act.art. 9 innovation council: position, election, structure and vested interests 1 the innovation council is the specialised body of innosuisse for the tasks referred to in article 10 below.2 it shall be comprised of at least 15 and no more than 25 members.3 the criteria for the election of nominees to the innovation council are the person's performance record in science-based innovation and the relevance of said performance in terms of practical applications for business and society.4 members shall be elected for a four-year term of office. each member may be re-elected once.5 nominees for election to the innovation council must disclose their vested interests to the board of directors.6 the members of the innovation council must perform their tasks and duties with due care and must safeguard the interests of innosuisse in good faith. each member must disclose his or her vested interests.7 the members of the innosuisse council shall keep the board of directors abreast of any changes to their vested interests. the latter shall provide an update of the vested interests situation in the annual report. if a given vested interest is incompatible with innovation council membership and if the member fails to divest himself or herself of the conflicting vested interest, then the board of directors shall dismiss this member.8 the members of the innovation council are obliged to maintain confidentiality regarding official matters both during and after their term of office on the innovation council.art. 10 innovation council: tasks 1 the innovation council shall have the following tasks:it shall decide on funding applications in the areas referred to in article 3 paragraphs 2 and 3 above; if its decisions differ from those proposed by the executive committee pursuant to article 8 paragraph 2 let c, then it shall provide a statement of reasons to the executive committee.it shall provide science and innovation-based supervision of implementation of the supported activities referred to in letter a above.c.it shall reach decisions in relation to the selection procedure of service providers under article 21 paragraph 1 ripa7.d.it shall devise proposals on funding strategy and funding instruments for the board of directors.e.it shall prepare multiannual programmes for the board of directors.f.it shall establish implementation provisions for each individual funding instrument in terms of eligible costs for calculation of contributions and application submission requirements.2 it may propose experts to the board of directors to lend support in the evaluation of applications in its area of responsibility and for the purpose of supervising project work. these experts shall be subject to the provisions of article 9, paragraphs 5-8, on disclosure of vested interests and official secrecy where applicable.7 sr 420.1art. 11 auditing body 1 the federal council shall appoint the auditing body.2 the auditing body and audits shall be subject to the provisions of federal legislation applying by analogy to regular audits of stock companies.3 the auditing body shall verify the annual financial statements and the status report on implementation of a suitable risk management system as well as the information on human resources development.4 it shall provide the board of directors and the federal council with a comprehensive audit report.5 the federal council may have the auditing body clarify certain issues.6 the federal council may dismiss the auditing body.section 4 personnel art. 12 employment contracts 1 the members of the executive committee and other personnel shall be subject to:a.the fpa8; andb.the implementing provisions to the fpa, insofar as the board of directors does not decide otherwise under paragraph 2 below.2 the board of directors shall, where necessary, issue additional implementing provisions on employment contracts; said provisions shall require federal council approval.3 innosuisse is an employer within the meaning of article 3 paragraph 2 fpa.8 sr 172.220.1art. 13 pension fund 1 the members of the executive committee and other personnel are insured with the federal pension fund (publica) under articles 32a-32m fpa9.2 innosuisse is an employer under article 32b paragraph 2 fpa. it is part of publica. article 32d paragraph 3 fpa shall apply.9 sr 172.220.1section 5 funding and budget art. 14 funding innosuisse activities are funded by:federal contributions (art. 15);third-party funds (art. 16);reclaimed amounts paid under the federal act of 5 october 199010 on financial assistance and subsidies.10 sr 616.1art. 15 federal contributions the swiss confederation shall provide innosuisse with annual contributions to cover the expenses incurred in relation to the tasks referred to in article 3, paragraphs 2-4 and 6, as well as to cover innosuisse's operating costs.art. 16 third-party funds 1 innosuisse may accept or secure funds from third parties insofar as this is compatible with innosuisse's purpose, tasks and independence.2 third-party funds originate in particular from donations from third parties.art. 17 annual report 1 the annual report shall be comprised of the annual financial statements (individual financial statements) and the management report.2 the annual financial statements shall be comprised of a balance sheet, income statement and notes to the annual financial statements.3 the management report shall include, in particular, information on risk management, personnel policy priorities and the vested interests of members of innosuisse bodies and the experts referred to in article 10 paragraph 2.4 the annual financial statements and management report shall be audited by the auditing body.art. 18 financial reporting 1 innosuisse financial reporting presents an accurate picture of net assets, financial position and results of operations.2 this financial reporting adheres to the principles of materiality, completeness, comprehensibility, consistency and gross presentation and is based on generally accepted standards.3 the accounting and valuation rules derived from accounting principles must be disclosed in the annex to the balance sheet.4 the operational accounting system must be structured in such a way that expenses and income from the individual funding activities can be reported.5 the federal council may issue rules on financial reporting.art. 19 reserves 1 innosuisse may form reserves. third-party funds referred to in article 16 paragraph 2 may be allocated to the reserves.2 reserves may not exceed 10 per cent of the respective annual budget. third-party funds shall not be included in the calculation.art. 20 treasury management 1 the federal finance administration (ffa) shall manage innosuisse's liquid assets as part of its centralised treasury management activities.2 in order to ensure that innosuisse has adequate liquidity to perform its duties under article 3, the ffa shall grant innosuisse loans under market terms and conditions.3 the ffa and innosuisse shall formalise the details in a public law contract.art. 21 taxation 1 innosuisse is exempted from all federal, cantonal and communal taxes within the framework of its activities.2 federal legislation on the following shall remain reserved:value-added tax;b.withholding tax;c.stamp duties.art. 22 real estate property 1 the confederation shall lease the necessary real estate property to innosuisse.2 the confederation shall retain ownership of said real estate property. the confederation shall also provide for maintenance.3 the confederation shall lease the real estate property to innosuisse for a reasonable sum.4 the reasons for the lease and specific details shall be formalised in a public law contract between the confederation and innosuisse.5 innosuisse may, in consultation with the confederation, lease the necessary properties from a source outside the confederation or secure usufruct from third parties if this is expedient.section 6 funding ordinance art. 23 the board of directors shall establish the following in the funding ordinance:a.the funding instruments of innosuisse;b.the conditions for promotion and support;c.the selection procedure for service providers under article 21 paragraph 1 ripa11;d.the conditions and terms for granting subsidies to foreign research partners for cross-border innovation projects;e.calculation of funding amounts and terms of payment.11 sr 420.1section 7 safeguarding federal interests art. 24 strategic objectives 1 the federal council shall establish the strategic objectives of innosuisse within the framework of the objectives and tasks set out in articles 2 and 3 for a period of four years.2 it shall also establish the upper threshold for administrative costs.art. 25 supervision 1 the federal council supervises innosuisse, while respecting its professional independence.2 it shall exercise its supervision in particular through:election and dismissal of the members of the board of directors and its chairman;b.approval of issuance and termination of the ceo's employment contract;c.election and dismissal of the auditing body;d.approval of the funding ordinance;e.approval of the ordinance on the fees and other contractual clauses of the members of the innovation council and on the remuneration of experts under article 10 paragraph 2 above;f.approval of the personnel ordinance;g.approval of the annual report and decision on the use of any profits;h.annual review of the achievement of strategic objectives;i.discharge of the board of directors.3 it may inspect all innosuisse business documents and obtain information about its business activities at any time.section 8 final provisions art. 26 amendment of current legislation the amendment of current legislation is regulated in the annex.art. 27 establishment of innosuisse 1 the commission for technology and innovation (cti) shall become innosuisse. innosuisse shall enter into existing legal relationships and shall revise these where necessary.2 the federal council shall determine the date on which innosuisse shall acquire its own legal personality.3 it shall specify the rights, obligations and assets transferred to innosuisse and shall approve the corresponding inventory. it shall determine the commencement of legal effects and approve the opening balance sheet.4 it shall issue provisions, pass resolutions and take all other measures necessary for the transfer. in particular, it may provide innosuisse with the funds set aside for the cti in the federal budget, provided that the funds required for innosuisse tasks are not yet available at the time of entry into force of this act.5 the transfer of rights, obligations and assets as well as entries in the trade register and other public registers in connection with the establishment of innosuisse are tax-free and not subject to any fees.6 the creation of innosuisse is not subject to the federal act of 3 october 200312 on mergers, demergers, transformations and transfers of assets and liabilities.12 sr 221.301art. 28 transfer of employment contracts 1 the employment contracts of cti secretariat staff shall be transferred to innosuisse on the date determined by the federal council and shall be subject to its personnel ordinance from that date. the appointment of the members of the executive committee remains reserved.2 there is no entitlement to continuation of any given role, work area, work location and hierarchical position. however, there is an entitlement to receive the same previous salary for two years, provided that an employment contract exists.3 within two months at the latest, innosuisse shall issue a new employment contract to personnel transferred to innosuisse to replace the previous contract. no trial period may be used in this contract.4 staff complaints pending at the time of transfer of employment contracts shall be assessed under previous legislation.art. 29 employer of reference 1 innosuisse shall be regarded as the employer of reference for pension recipients:who worked for cti under previous legislation; andwhose retirement, widow or disability pensions derived from the publica occupational pension plan began before this act came into force.2 innosuisse shall also be considered as the employer of reference if the disability pension begins after commencement of this act but the incident causing the disability and corresponding unfitness for work occurred prior to entry into force of this act.art. 30 updating of register entries the eaer may decide to update register entries under article 27 paragraph 5, tax-free and not subject to any fees, for a period of five years after innosuisse has acquired legal personality.art. 31 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the date when this act comes into force.commencement date:13 1 january 2018 art. 1 para. 5, 5-13, 18, 20 para. 3, 22-26, 27 para. 2-6 und 28: 1 jan. 201713 fcd of 16 nov. 2016.annex (art. 26)amendment of other legislation the enactments below are amended as follows:.1414 the amendments may be consulted under as 2016 4259.

420.231 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceof the swiss innovation promotion agency on its funding and other support measures(innosuisse funding ordinance)of 20 september 2017 (status as of 1 january 2018)approved by the federal council on 15 november 2017the board of directors the swiss innovation promotion agency (innosuisse),based on article 7 paragraph 1 letter e and 23 of the innosuisse act of 17 june 20161 (siaa), on article 12 paragraph 3 of the federal act of 14 december 20122 on the promotion of research and innovation (ripa)and on article 38 of the ordinance of 29 november 20133 on the promotion of research and innovation (ripo),ordains:1 sr 420.22 sr 420.13 sr 420.11chapter 1 subject matter art. 1 this ordinance governs the following innosuisse support measures:a.innovation project funding (art. 19 ripa);b.support of science-based entrepreneurial initiatives, including the setting-up and development of science-based businesses (art. 20 para. 1 und 2 ripa);c.promotion of knowledge exploitation, and knowledge and technology transfer (art. 20 para. 3 ripa);d.promotion of information on funding opportunities and on submitting applications (information transfer) (art. 3 para. 4 siaa);e.support for next-generation innovators (art. 22 ripa);f.support of activities within the scope of mandates issued by the federal council to implement topic-specific funding programmes (art. 7 para. 3 ripa);g.support of activities within the framework of partnerships with funding organisations or funding agencies abroad (art. 4 para. 1 siaa).chapter 2 innovation project funding section 1 instruments art. 2 innosuisse supports innovation projects with the following funding instruments:a.contributions to innovation projects with implementation partners;b.contributions to innovation projects without implementation partners;c.preliminary study vouchers(innovation cheques).section 2 contributions to innovation projects with implementation partners (art. 19 para. 2 ripa; art. 29, 30 and 38 ripo)art. 3 submitting applications and applicant requirements 1 applications for contributions to innovation projects with implementation partners must be jointly submitted to innosuisse by at least one research partner and at least one implementation partner.2 research partners may be:a.higher education research centres as set out in article 4 letter c ripa;b.non-commercial research centres outside the higher education sector as set out in article 5 ripa;c.government research institutions as set out in article 16 paragraph 3 ripa which must conduct their own research projects for the appropriate fulfilment of their remit;d.federal research institutes as set out in article 17 ripa.3 implementation partners are private or public institutions or businesses that are responsible for implementation.4 research and implementation partners must be independent from one another in terms of finances and personnel. the implementing provisions of the innovation council (implementing provisions) stipulate the criteria by which independence is assessed.art. 4 assessment criteria funding is awarded based on the following key criteria:a.the innovative content of the project, measured in terms of the current state of research and the competitive situation in the market;b.the quality of the project planning, quantitative goals and implementation plan to achieve the targeted economic or social benefit;c.the competence of the project team members to implement the project;d.the project's contribution to sustainable development.art. 5 calculation of project contributions for the calculation of innosuisse project contributions, the following budgeted project costs are eligible:a.personnel costs in accordance with article 6;b.material costs, provided they are needed to implement the project, do not concern the basic equipment of a research centre, and are not covered by the financial contribution paid by the implementation partner to the research partner in accordance with article 7 paragraph 4. these may include costs for apparatus, consumables, third-party services and travel. material costs may be claimed as capital expense or operating expense.art. 6 personnel costs for the calculation of project contributions 1 the actual gross salaries paid to project team members for time spent working on the project are eligible.2 the implementing provisions set out maximum eligible gross salaries. the maximum amounts may only be exceeded if justification can be provided on a case-by-case basis that the participation of the higher-paid project team member is vital to the successful implementation of the project.3 in addition to the gross salaries, the actual employer contributions paid under oasia / invia / leca, opa, uia and aia are also eligible.4 the implementing provisions stipulate how the salary costs under paragraph 1 and the employer contributions under paragraph 3 should be disclosed and billed. allowance shall be made in particular for the special features of the different types of research centres.5 no personnel costs may be claimed for project team members whose appointment is already fully financed by the public sector or other third-party funds.art. 7 contribution of implementation partners to project costs 1 the implementation partners shall contribute to the overall project costs and shall at least match the project contributions from innosuisse. a reduced participation from implementation partners in accordance with article 30 ripo remains reserved.2 the contribution of every implementation partner comprises an in-kind contribution and a financial contribution to the research partner.3 the actual personnel and material costs incurred by the implementation partner that are directly connected to the project qualify as the in-kind contribution. if the actual personnel costs exceed the maximum amounts set out in the implementing provisions referred to in article 6 paragraph 2, the amounts in the implementing provisions apply.4 the financial contribution paid to research partners must in total amount to at least 10 per cent of the project contribution under article 5. the contribution referred to in paragraph 1 may involve a higher financial contribution where it is demonstrably intended to cover the project costs within the meaning of articles 5 and 6.5 innosuisse may, in individual cases, allow a share of less than 10 per cent, or waive the financial contribution to the research partner completely if the economic capacity of the implementation partner is insufficient. in this regard, it shall take account of the innovation potential of the project, the risks associated with the project and the viability of the financial burden associated with implementation of the project.6 if several implementation partners are involved in one project, they shall agree on the relevant shares between them and inform innosuisse of the split.art. 8 overhead contributions 1 the overhead contribution is calculated as a percentage of the personnel costs referred to in article 6.2 the applicable percentage is defined for the subsequent calendar year and published on the innosuisse4 website.3 the applicable percentage is the one that applies at the time the application is submitted.4 the overhead contribution is paid out together with the contribution tranches for direct project costs, and in the same percentages as the latter.4 www.innosuisse.chart. 9 funding administration 1 if a project involves several research partners, the contributions must be managed by a grant administration office.2 research partners undertake to make all contractually required declarations to the grant administration office and to submit all documents and supporting documentation. they are responsible for ensuring that only eligible expenses in accordance with the innosuisse regulations are billed.3 the grant administration office is responsible in particular for:a.administering funding;b.carrying out financial reporting;c.informing the research partners concerned without delay if irregularities are detected or if the regulations are breached, and demanding the relevant corrections are made;d.informing innosuisse without delay in the event of conflicts or serious breaches of the regulations on use of funding;e.obtaining reports on the contributions of implementation partners in accordance with article 7.4 innosuisse may conduct on-site inspections at any time to check compliance with these provisions by the research partners and the grant administration office.art. 10 obligation to provide information on implementation implementation partners are required to provide innosuisse on request with information on the implementation of the project results within five years of project completion.section 3 contributions to innovation projects without implementation partners (art. 7 para. 3 and art. 19 para. 3 ripa)art. 11 submitting applications and applicant requirements applications for contributions to innovation projects without implementation partners must be submitted to innosuisse by one or more research partners referred to under article 3 paragraph 2.art. 12 project types and assessment criteria 1 funding for projects without implementation partners may be granted for preliminary studies, prototypes and testing facilities and within the framework of tasks awarded by the federal council for the implementation of topic-specific funding programmes.2 funding is awarded based on the following key criteria:a.above-average innovation potential;b.the level of risk involved in implementing the innovation on the market based on the current state of research;c.the prospects for convincing potential implementation partners of the attractiveness of commercial use of the research findings;d.the competence of the project team members to implement the project;e.the project's contribution to sustainable development.art. 13 calculation of contributions, funding period 1 for the calculation of project contributions, articles 5 and 6 apply.2 for the calculation of overhead contributions, article 8 applies.3 innosuisse may support projects without an implementation partner for a maximum period of 18 months.4 the implementing provisions for projects within the framework of tasks awarded by the federal council for the implementation of topic-specific funding programmes may contain different provisions.section 4 preliminary study vouchers (innovation cheques) (art. 19 para. 4 ripa)art. 14 purpose and content preliminary studies serve to clarify the feasibility of companies' innovation projects. they concern in particular:a.concept studies and concept development;b.analysing the innovation and market potential of processes, products, services or technologies.art. 15 applicant requirements small and medium-sized businesses based in switzerland are eligible to apply for preliminary study vouchers.art. 16 assessment criteria funding is awarded based on the following key criteria:a.the innovative content measured against the current state of research and competition in the market;b.the potential benefits for the company resulting from the preliminary study.art. 17 preliminary study vouchers 1 if an application is approved, innosuisse shall issue the company with a preliminary study voucher.2 the preliminary study voucher is worth a maximum of chf 15,000.3 the company may redeem the voucher with a research partner in accordance with article 3 paragraph 2.4 companies may not be issued with more than one preliminary study voucher every two years.chapter 3 promotion of science-based entrepreneurial initiatives section 1 instruments art. 18 innosuisse promotes science-based entrepreneurial initiatives with the following funding instruments:a.awareness-raising and training activities;b.start-up coaching vouchers;c.information and counselling services.section 2 awareness-raising and training activities (art. 20 para. 1 let. a ripa)art. 19 awareness-raising activities 1 innosuisse offers awareness-raising measures in the form of events, workshops, talks and publications on starting a business.2 the awareness-raising activities are aimed at persons who want to start a business or who have started a business based in switzerland.3 innosuisse may commission appropriate institutions to implement the awareness-raising activities.art. 20 training activities 1 innosuisse offers training activities in the form of courses, events, workshops, talks, teaching resources and publications on setting up and running a business and on business succession.2 the training activities are aimed at:a.persons with an innovative business idea who want to start a business or who have started a business based in switzerland; orb.persons who intend to take over a business based in switzerland through full or partial assumption of the financial risk.3 the innovation council may restrict participation to a more specific target audience.4 innosuisse may commission appropriate institutions to implement the training activities.5 participants shall submit an evaluation at the end of the training course. if an institution was commissioned to implement the training course in accordance with paragraph 4, it shall report back to innosuisse on the evaluations according to innosuisse's instructions.section 3 start-up coaching vouchers (art. 20 para. 2 let. a ripa)art. 21 purpose and content the purpose of coaching is to help start-up companies:a.verify and develop a business concept with regard to its feasibility and market viability;b.check profitability, develop a strategy and organisational structure, obtain legal advice in particular concerning the protection of intellectual property rights, contract law and tax law, and to enter the market;c.implement a growth strategy, seek funding opportunities, build up a network and develop a process and organisational structure that is capable of growth.art. 22 applicant requirements to be eligible to apply for start-up coaching vouchers, start-up entrepreneurs must:a.intend to set up a business based in switzerland;b.have set up a business in switzerland within the last five years; or in justified cases, particularly for start-up companies in the pharmaceutical and medical sectors, within the last ten years.art. 23 assessment criteria 1 support is granted based on the following key criteria:a.the innovative content of the business idea measured against the current state of research and competition in the market;b.the market potential;c.the potential of the applicant to implement the business idea.2 in the case of applications for coaching activities under article 21 letter c, the growth potential and past performance is evaluated in addition to the criteria set out in paragraph 1.art. 24 start-up coaching vouchers 1 if innosuisse approves an application, it shall issue start-up entrepreneurs with a start-up coaching voucher.2 start-up coaching vouchers are worth:a.a maximum of chf 5,000 for services under article 21 letter a;b.a maximum of chf 50,000 for services under article 21 letter b;c.a maximum of chf 75,000 for services under article 21 letter c.3 start-up entrepreneurs may redeem the start-up coaching voucher with one or more qualified start-up coaches in accordance with article 51 paragraph 1.4 any change of coach requires the approval of innosuisse.section 4 information and counselling (art. 20 para. 1 let. b and para. 2 let. c ripa)art. 25 providing information 1 innosuisse provides information on entrepreneurship and on setting up and growing a business.2 it may commission appropriate institutions to provide the information.art. 26 counselling on internationalisation for start-up companies 1 innosuisse offers specific counselling on internationalisation for start-up businesses, in particular through internationalisation programmes and by enabling them to attend international trade fairs.2 counselling on internationalisation is aimed at start-up companies:a.whose application for coaching in accordance with article 18 letter b was approved;b.that wish to tap international markets to increase value creation in switzerland; andc.that can be expected to successfully enter the target market.3 support is granted based on the following key criteria:a.the quality of the start-up company's internationalisation strategy;b.its ability to tap the relevant market;c.the value creation potential in switzerland.4 innosuisse may commission appropriate institutions to provide counselling on internationalisation.5 it may issue start-up entrepreneurs with a voucher to redeem at an institution that offers an appropriate counselling programme. innosuisse shall publish on its website a list of institutions that offer corresponding programmes.6 internationalisation support provided to start-up entrepreneurs may be worth up to a maximum of chf 20,000. innosuisse may require start-up entrepreneurs to cover a portion of the costs themselves.chapter 4 promotion of knowledge exploitation and knowledge and technology transfer (art. 20 para. 3 ripa)section 1 instruments art. 27 innosuisse supports the exploitation of knowledge and knowledge and technology transfer, in particular between research centres and industry, using the following funding instruments:a.innovation mentoring vouchers;b.contributions to national thematic networks;c.contributions to specialised events.section 2 innovation mentoring vouchers art. 28 purpose and content innovation mentoring serves to help businesses exploit their innovation potential. it concerns in particular:a.analysis of an innovation project;b.support with setting up project partnerships, in particular with identifying suitable research partners with whom to implement the innovation project and putting companies in touch with such partners;c.support with defining the content and focus of a specific innovation project;d.support with optimisation and focus of a specific innovation project.art. 29 applicant requirements small and medium-sized businesses that are based in switzerland are eligible to apply for innovation mentoring vouchers.art. 30 innovation mentoring vouchers 1 businesses that can demonstrate their mentoring needs are issued with a mentoring voucher. this is worth:a.a maximum of chf 2,000 for services under article 28 letter a;b.a maximum of chf 5,000 for all other services under article 28.2 the services referred to under article 28 letters ac may be cumulated.3 the business can redeem the innovation mentoring voucher with a qualified innovation mentor in accordance with article 53.section 3 contributions to national thematic networks art. 31 applicant requirements non-profit organisations that have a legal personality and are based in switzerland are eligible to apply for contributions to national thematic networks.art. 32 assessment criteria funding is awarded based on the following key criteria:a.the future potential of the innovation topic represented by the network for the swiss economy and society;b.the significance of the innovation topic for applied research and for the swiss economy and society;c.the methods and mechanisms in place to promote knowledge and technology transfer between research, industry and society;d.the potential to cover an innovation topic of international significance at national level;e.the budget, in particular the plausibility of the costs claimed, the cost-benefit ratio, the self-financing level and the third-party funds allocated.art. 33 duration and calculation of contributions 1 funds shall be awarded for a period of four years.2 the contributions are calculated and released on an annual basis in accordance with paragraph 3. if a network fails to achieve its targets by a substantial degree, the funding may be stopped.3 the annual contribution per network amounts to a maximum of chf 500,000. it is made up of three components:a.a basic contribution to set up and ensure basic operation of the network;b.a performance-based component, which depends in particular on the project partnerships generated and the resulting applications for funding an innovation project with an implementation partner;c.a component that is dependent on the extent to which the network can secure third-party funds.4 support may be extended once for a maximum period of four years. before an extension is granted, eligibility shall be checked in accordance with the criteria set out under article 32.section 4 contributions to specialised events art. 34 applicant requirements non-profit organisations are eligible to apply for contributions to specialised events.art. 35 assessment criteria funding is awarded based on the following key criteria:a.the significance of the innovation topic represented by the specialised event to the swiss economy and society, as well as the focus and specific features of the topic compared with other activities;b.the suitability of the methods and mechanisms presented at the event for the promotion of knowledge and technology transfer between research, industry and society;c.the quality of the concept of the specialised event;d.the budget, in particular the plausibility of the costs claimed, the cost-benefit ratio, the self-financing level and the third party funds allocated.art. 36 calculation of contributions 1 the innosuisse contributions shall cover a maximum of half of the reported expenses.2 the eligible costs are set out in the implementing provisions.chapter 5 promotion of information on funding opportunities (dissemination of information) (art. 3 para. 4 siaa)art. 37 applicant requirements non-profit organisations are eligible to apply for contributions to promote information on funding opportunities.art. 38 assessment criteria funding is awarded based on the following key criteria:a.the scope and positioning of the information on innosuisse funding opportunities within the framework of the event or publication;b.the quality of the information on innosuisse funding opportunities;c.the way in which the target group is defined and addressed;d.the significance of the event or publication for the target group addressed.art. 39 calculation of contributions 1 the innosuisse contributions shall cover a maximum of 25 per cent of the reported expenses.2 the eligible costs are set out in the implementing provisions.chapter 6 support for next-generation innovators (art. 22 ripa)art. 40 fellowship grants and interest-free loans 1 fellowship grants from innosuisse are designed to cover living expenses during a fellowship at a host institution in accordance with article 22 paragraph 2 ripa.2 interest-free loans from innosuisse contribute to living expenses during a fellowship at a host institution and have to be repaid.art. 41 applicant requirements persons who hold a degree and who are employed as follows by one of the following institutions are eligible to apply for support for young researchers:a.persons who have worked as researchers at a research centre under article 4 letter c or article 5 ripa for at least one year;b.persons who have worked in research and development at a public or private company based in switzerland for at least three years.art. 42 assessment criteria fellowship grants and interest-free loans are awarded based on the following key criteria:a.the applicant's track record;b.the expected level of capacity building in science-based innovation;c.the innovation potential of the project;d.the thematic and methodological quality of the project;e.the added value of the fellowship for the host institution and if applicable for the employer institution.art. 43 duration, calculation and management of contributions 1 the fellowship must last at least six months and may not exceed three years.2 the fellowship grant amount is calculated based on the applicant's previous salary, up to a maximum of chf 120,000 per year for a full-time post.3 if the employer institution is a research centre in accordance with article 4 letter c or article 5 ripa, innosuisse shall pay the actual employer contributions under oasia / invia / leca, opa, uia and aia in addition to the fellowship grant. if the employer institution is a private or public company, the company shall bear the employer contributions.4 the interest-free loan may not exceed chf 180,000 per year. the loan amount must be used to cover all additional costs, such as material and apparatus costs and any insurance payments and social insurance contributions.5 the contributions are paid into a bank account in switzerland in the name of the applicant. if the contribution is paid out in the form of a fellowship grant, the applicant shall be responsible for ensuring that social insurance contributions are duly paid.art. 44 financial participation of businesses 1 if the applicant's employer institution is a private or public company, it shall bear at least 50 per cent of the direct material costs incurred by the host institution through implementation of the project, up to a maximum annual amount of chf 50,000, in addition to the employer contributions in accordance with article 43 paragraph 3 second clause. the details must be set out in an agreement between the host institution and the employer institution.2 if the applicant receives a fellowship grant, the host institution shall bear the direct and indirect material costs resulting from implementation of the project, provided it is a company within the meaning of article 22 paragraph 2 letter a ripa.3 if the applicant receives an interest-free loan, the host institution is not required to bear any other project costs.art. 45 repayment of an interest-free loan 1 applicants must submit a repayment plan together with their application for an interest-free loan.2 an initial repayment of at least ten per cent of the loan amount must be made at the latest twelve months after completion of the research visit.3 the loan must be repaid in full at the latest ten years after completion of the fellowship.chapter 7 support within the framework of partnerships with funding organisations and funding agencies abroad (art. 4 para. 1 siaa)art. 46 1 the details of cooperations with funding organisations and agencies abroad shall be set out in agreements between innosuisse and the partner organisations.2 if the innosuisse contribution comprises a portion to cover the project activities of a foreign research partner, an agreement between the swiss research partner and the foreign research partner shall set out the services to be supplied by the latter.3 contributions are calculated analogously in accordance with this ordinance. additional contributions may be granted for coordination and travel expenses that are associated with the cooperation, provided they are essential for successful implementation of the international project.chapter 8 selection process for start-up coaches and innovation mentors (art. 21 ripa)section 1 common provisions for start-up coaches and innovation mentors art. 47 recruitment of service providers 1 innosuisse shall publicly announce the possibility of participating in the selection procedure for coaches and mentors. it may also directly approach persons who may be suitable coaches or mentors and invite them to apply.2 when selecting candidates, it shall ensure that the particularly important subjects for science-based innovation and the different geographical and language areas of switzerland are appropriately represented among the qualified coaches and mentors. it shall also ensure a gender balance.3 there shall be no legal entitlement to be included on the list of qualified service providers (art. 21 para. 2 ripa).4 being qualified as a coach or mentor does not entitle individuals to be employed in this capacity.art. 48 obligations of service providers those who apply to become coaches or mentors undertake to fulfil the following obligations when performing their work for innosuisse:a.to publish their personal coaching or mentoring profile in accordance with innosuisse regulations;b.to keep confidential all information obtained in the course of their coaching or mentoring activity;c.to ensure independence;d.to disclose their vested interests;e.to report activities;f.to play an active part in training and networking activities;g.to cooperate with quality assessment of coaching and mentoring activities.art. 49 verification and time limitation of qualification 1 the coaches and mentors are monitored in their work by innosuisse experts. the experts are entitled to carry out inspections and offer advice during the course of a coaching or mentoring programme.2 start-up entrepreneurs who use innosuisse coaching services and businesses that use innosuisse mentoring services are required to evaluate the quality of these services in accordance with innosuisse requirements. in addition, start-up entrepreneurs are required to provide information on the performance of their businesses for five years after completion of the coaching programme.3 service providers must undergo a detailed assessment by innosuisse every two years. if they no longer meet the quality requirements defined by innosuisse, they will be removed from the list of qualified coaches in accordance with article 21 paragraph 2 ripa.4 a service provider may feature on the list for a maximum of twelve years.art. 50 exclusion of financial contribution 1 coaches may not make a direct or indirect financial contribution to the start-up business they have coached during the coaching programme and for one year after its completion.2 mentors may not make a direct or indirect financial contribution to the supported business during the mentoring programme.section 2 qualification of start-up coaches art. 51 types of start-up coach 1 innosuisse distinguishes between the following types of coach:a.coaches who support start-up entrepreneurs by providing the services under article 21 letters a and b;b.coaches who support start-up entrepreneurs by providing the services under article 21 letter c;c.special coaches who advise start-up entrepreneurs on an ad-hoc basis in the areas of expertise set out in article 21 letters b and c, in particular regulatory matters and issues relating to intellectual property rights strategy, organisational development, financing models, tax law and securing investment.2 as part of its selection process, innosuisse shall announce the number of coaches to be qualified by type.art. 52 qualification criteria 1 coaches under article 51 paragraph 1 letters a and b must possess relevant practical experience as entrepreneurs in the field of science-based innovation.2 in addition, coaches are also selected on the basis of the following criteria:a.experience in corporate and human resources management at senior management level, and specifically also in developing and turning around small and medium-sized companies;b.relevant experience in strategy and organisational development;c.relevant theoretical knowledge and practical experience of business model development, innovation management, product development, marketing and sales;d.experience in financial management and financing matters;e.good knowledge of the swiss and international market in one or more sectors;f.ability to put start-up entrepreneurs in touch with potential investors or business partners in switzerland and abroad;g.recognised and successful consulting and support activity in a comparable field, and proven methodological expertise;h.good connections in the swiss and preferably also the international start-up ecosystem.3 start-up coaches as referred to in article 51 paragraph 1 letter b must also demonstrate experience with the growth processes of start-up companies.4 special start-up coaches under article 51 paragraph 1 letter c must demonstrate successful activity as a trainer or consultant in their area of expertise instead of the criteria set out in paragraphs 1 and 2.5 start-up coaches may qualify simultaneously for different types of coaching.section 3 qualification of innovation mentors art. 53 innovation mentors are selected based on the following criteria:a.relevant experience in research, development or product management;b.experience in defining and implementing product, service and process development strategies;c.experience at senior management level;d.very good connections in the swiss research landscape;e.good contacts and experience with cantonal and regional economic development agencies and industry and trade associations;f.very good understanding of knowledge and technology transfer in switzerland and internationally.chapter 9 scientific integrity and good scientific practice (art. 12 para. 3 ripa)art. 54 principle and duty to provide information 1 innosuisse shall not consider applications that violate the rules of scientific integrity or good scientific practice.2 applicants are required to provide information to innosuisse on:a.existing proceedings concerning suspected violation of scientific integrity or good scientific practice that have been initiated against them;b.ongoing sanctions that have been imposed on them due to violations as referred to in letter a.art. 55 sanctions 1 innosuisse shall punish violations of scientific integrity and good scientific practice with the following sanctions:a.written reprimand;b.written warning;c.reduction, suspension or repayment of the contributions;d.temporary exclusion from making further applications.2 innosuisse may impose sanctions on an individual or cumulative basis.chapter 10 final provisions art. 56 repeal of other legislation the funding regulation of the commission for technology and innovation of 13 november 20135 is repealed.5 [as 2013 4627, 2016 4255]art. 57 commencement this ordinance comes into force on 1 january 2018.

420.233 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceof the swiss innovation agencyon the fees and other contractual conditions for members of the innovation council and on the remuneration of experts(innosuisse remuneration ordinance)of 20 september 2017 (status as of 1 january 2021)approved by the federal council on 15 november 2017the board of directors of the swiss innovation agency (innosuisse) based on article 7 paragraph 1 letter k of the innosuisse act of 17 june 20161 (siaa),ordains:1 sr 420.2section 1 fees for members of the innovation council art. 1 basic fee 1 members of the innovation council are entitled to a basic fee of chf 20,000 per annum. the basic fee is equivalent to 10 per cent of a full-time annual salary of chf 200,000.2 the basic fee is compensation for the following commitments, unless a flat-rate payment is intended for any of them:2a.participating in innosuisse's ordinary and extraordinary meetings;abis.3preparatory and follow-up work to meetings;b.4evaluating and supervising up to 30 innovation projects;bbis.5evaluating and supervising other funding proposals;c.6all measures relating to the appointment of experts, coaches and mentors;d.developing proposals for the funding strategy and instruments for the board of directors and performing activities in relation to the development of multi-year programmes on behalf of the board of directors;e.performing activities within the innovation council's competencies that lead to the adoption of implementing provisions in accordance with article 10 paragraph 1 letter b siaa;f.7.3 the basic fee increases by chf 5,000 per year whenever a member of the innovation council is elected to one of the following positions in addition to their regular tasks:a.a managerial position in the innovation council;b.a member of a committee that makes decisions regarding funding applications and measures; this excludes membership of regular theme-based bodies and of non-permanent bodies that are put together on an ad hoc basis.84 .95 the basic fee is paid every six months for the previous half calendar year.2 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).3 inserted by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).4 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).5 inserted by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).6 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).7 repealed by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and with effect from 1 jan. 2021 (as 2020 4991).8 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).9 repealed by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and with effect from 1 jan. 2021 (as 2020 4991).art. 2 individual flat-rate payments 1 in addition to the basic fee, members of the innovation council are entitled to the following individual flat-rate payments for performing the services listed below:chf 2,000 per year for being a member of a body without autonomous decision-making powers set up by the innovation council on a temporary basis; if the member sits on this body for less than one year, the flat-rate will be paid pro rata;chf 500 for participating in a meeting of a jury with changing membership and without autonomous decision-making powers in order to prepare decisions; where more than five hours' presence is required, the flat-rate payment rises to chf 1,000;chf 500 for giving a talk or otherwise appearing on behalf of innosuisse; where more than five hours' presence is required, the flat-rate payment rises to chf 1,000;chf 100 for evaluating and supervising an innovation project, from the 31st innovation project in any calendar year;flat-rate payments under article 4 paragraph 1 letters a-g for assessing a funding application or a funding measures;f.chf 500-1000, at the discretion of the innosuisse director, for fulfilling individual special tasks not covered by the other flat-rate payments or by an increase in the basic fee.101bis preparatory and follow-up work for tasks for which a flat-rate payment is paid is covered by the flat-rate payment.112 the individual flat-rate payments are paid every six months for the previous half calendar year. for this purpose, the members of the innovation council must provide innosuisse with a detailed list of the services they have provided for the settlement.10 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).11 inserted by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).art. 3 maximum remuneration amount 1 the total remuneration from basic fees and individual flat-rate payments shall amount to no more than chf 40,000 per annum for any member of the innovation council.2 .1212 repealed by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and with effect from 1 jan. 2021 (as 2020 4991).section 2 remuneration for experts art. 4 individual flat-rate payments 1 1 experts within the meaning of article 10 paragraph 2 siaa only receive flat-rate payments in accordance with the following provisions:chf 1000 for the initial assessment of a large-scale specific funding measure spanning several years;chf 500 for the initial assessment of a grant application for an innovation project or theme-based specialist event;chf 100 for the initial assessment of an application for an innovation cheque and for assessing interim and final reports on innovation chequeschf 250 for initial assessments of funding applications and measures that do not fall under letters a-c;e.chf 250 for assessing the conditions for all types of funding measure, for assessing interim reports on coaching measures and for assessing interim and final reports on innovation projects; chf 500 for carrying out on-site assessments of an ongoing or concluded funding measure; where more than five hours' presence is required, the flat-rate payment rises to chf 1,000;chf 500 for interim and final assessments not covered by letters c, e or f; if the assessment is particularly complex or time-consuming, the innosuisse secretariat may double the fee;chf 50 for clarifications that need to be made before funding measures to be continued and which are not made as part of the assessments under letters a-g;chf 100 for clarifying assessments to applicants orally; chf 500 for giving a talk or otherwise appearing on behalf of innosuisse and for taking part in meetings and events where participation is required in order for the expert to fulfil their tasks; where more than five hours' presence is required, the flat-rate payment rises to chf 1,000;chf 500-1000, at the discretion of the innosuisse director, for assessing the qualifications of coaches and mentors and for conducting similar special tasks not covered by the usual flat-rate payments.131bis initial assessments within the meaning of paragraph 1 letters a-d shall include a written report and where necessary an oral explanation of the report given to the decision-making body.141ter preparatory and follow-up work for tasks for which a flat-rate payment is paid is covered by the flat-rate payment.152 article 2 paragraph 2 applies to the payment procedure.13 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).14 inserted by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).15 inserted by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).art. 516 maximum remuneration amount 1 the maximum remuneration amount per expert and year is: chf 30,000;chf 45,000 for experts with specific specialist knowledge that is unavailable from other experts.2 if it is not possible to recruit additional experts for the implementation of a temporary special programme for reasons of quality or time, the board may increase the maximum remuneration amount to a maximum of chf 45,000 per year for all experts for a limited period of one year.16 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).section 3 social insurance art. 617 tax liability the statutory contributions under the oasia, invia, leca and uia on the fees for the members of the innovation council and the remuneration of experts are paid in equal shares and are settled by innosuisse. those under the aia are paid in accordance with the rules applicable to innosuisse employees and are settled by innosuisse17 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).art. 718 occupational pension funds members of the innovation council and experts are compulsorily insured against the economic consequences of old age, death and disability in accordance with the pension regulations of 6 december 201119 of the federal pension fund for fee recipients provided the statutory requirements are met.18 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).19 sr 172.220.141.2section 4 reimbursement of expenses art. 8 1 members of the innovation council and experts are reimbursed for necessary and documented expenses incurred while performing official duties for innosuisse.2 the expenses are reimbursed in accordance with the provisions of the federal ordinance of 3 july 200120 on the personnel of the swiss confederation. the remuneration amount is calculated based on the fdf ordinance of 6 december 200121 to the federal personnel ordinance.3 trips abroad and business-class flights must be approved by the innosuisse management team in writing beforehand.4 expenses shall be reimbursed against claims in writing. all relevant expense receipts must be submitted before settlement can be made.2220 sr 172.220.111.321 sr 172.220.111.3122 amended by no i of the o of the board of directors of innosuisse of 16 sept. 2020, approved by the fc on 4 nov. 2020 and in force since 1 jan. 2021 (as 2020 4991).section 5 other contractual terms art. 9 personal fulfilment of the contract the members of the innovation council and experts must personally fulfil the tasks they have been assigned to perform.art. 10 handling of gifts and invitations 1 as part of their contractual relationship with innosuisse, members of the innovation council and experts may not claim, receive or accept promises for any gifts or other benefits such as invitations.2 the acceptance of customary gifts and invitations not exceeding the market value of chf 200 shall not be regarded as a benefit within the meaning of paragraph 1 unless the member of the innovation council or the expert is involved in a procurement or funding process and the benefit is offered by a third party who is affected by the outcome of the procurement or funding process.3 in the event of any doubt, the chairperson of the board of directors shall decide on whether benefits may be accepted.art. 11 recusal 1 members of the innovation council and experts shall recuse themselves if there is a conflict of interests. the suspicion of a conflict of interests shall suffice.2 reasons for the conflict of interests specifically include special connections or personal friendship with or hostility towards the natural or legal person participating in or affected by a business or a decision process.3 in the event of any doubt, the chairperson of the board of directors shall decide on the recusal.art. 12 dealings on one's own account 1 members of the innovation council and experts may not use or claim any other advantage from information that is not publicly accessible and of which they become aware of as part of their work for innosuisse.2 if members of the innovation council and experts have information that is not publicly accessible and the disclosure of which may have a foreseeable effect on the value of securities and foreign currency, they may not invest in any of these securities and foreign currency on their own account. the purchase of foreign currencies to cover daily requirements is permitted at any time.3 dealings on one's own account refer to legal business conducted by members of the innovation council or experts on their own account or on the account of a third party or that they arrange for a close person or for which they engage a third party, particularly to cover their identity.art. 13 relations to foreign states the members of the innovation council may not carry out any official duties for a foreign state and may not take any decorations or titles from foreign authorities.art. 14 premature termination of the contractual relationship by members of the innovation council 1 the members of the innovation council may terminate the contract in writing at the end of a given calendar year by giving three months' notice.2 a termination of the contractual relationship is possible at any time by mutual consent.art. 15 term of the experts' contractual relationship and premature termination 1 experts are elected for a fixed period of time and for a maximum of four years.2 re-election is possible up to a total of eight service years.3 experts who are elected for longer than one year may terminate their contractual relationship prematurely at the end of a given calendar year by giving three months' notice.4 a termination of the contractual relationship is possible at any time by mutual consent.art. 16 termination of the contract by the board of directors if, despite written warning, members of the innovation council and experts continue to violate their duties set out in article 9 paragraphs 5-8 siaa or in articles 10-13 of this ordinance, the board of directors may terminate the contractual relationship with them without providing compensation and without adhering to a notice period.section 6 commencement art. 17 this ordinance comes into force on 1 january 2018.

431.01english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal statistics act(fstata)of 9 october 1992 (status as of 1 january 2016)the federal assembly of the swiss confederation,based on the articles 27sexies, 31quinquies paragraph 5 and 85 number 1 of the federal constitution1,and having considered the federal council dispatch dated 30 october 19912,decrees:1 [bs 1 3; as 1973 1051, 1978 484]. the provisions mentioned are now art. 64, 65, 100 and 164 para. 1 let. g of the federal constitution of 18 april 1999 (sr 101).2 bbl 1992 i 373section 1 general provisions art. 1 aim this act has the aim:a.of providing the confederation with the statistical principles that it requires to fulfil its duties;b.of making public statistical results available to the cantons, the communes, the economy, the private sector, representatives from civil society and the general public;c.of gearing the organisation of federal statistical bodies towards gathering and processing data efficiently and in a manner considerate to interviewees;d.of promoting national and international cooperation in the area of statistics;e.of ensuring data protection within federal statistical bodies.art. 2 scope of application 1 this act applies to all statistical activities:a.instructed by the federal council;b.3conducted or commissioned by the federal administration's administrative units, not including the federal institutes of technology.2 the federal council shall determine which articles of the act are applicable to the statistical activities of the federal institutes of technology, swiss post, and the telecommunications enterprises of the confederation.43 it may declare the provisions of this act to be applicable for other public corporations, institutions or private individuals, if these entities:a.are under the supervision of the confederation;b.receive financial aid or payments from the confederation; orc.are engaged in an activity requiring a licence or authorisation from the confederation.4 when making an entity subject to this act in accordance with paragraphs 2 and 3, the federal council shall take account of the freedom of research as well as the statutory duties and the autonomy of the organisations concerned.3 amended by annex no 4 of the fa of 20 march 1998 on the swiss federal railways, in force since 1 jan. 1999 (as 1998 2847; bbl 1997 i 909).4 amended by no ii 6 of the fa on railways reform 2 of 20 march 2009, in force since 1 jan. 2010 (as 2009 5597; bbl 2005 2415, 2007 2681).art. 3 duties of the federal statistical bodies 1 federal statistical bodies prepare representative results in a professionally independent way on the status of and changes in the population, the economy, society, education, research, spatial planning and the environment in switzerland.52 they assist in:a.the preparation, conduct and review of federal tasks;b.the assessment of specialist fields in which the duties of the federal government and cantons are closely interlinked, such as education, science and research, culture, sport, legal matters, tourism, public finances, land management, construction and residential accommodation, transport, energy, healthcare and welfare;c.supporting research projects of national importance;d.6the assessment of the fulfilment of the constitutional mandate to establish equal opportunities for men and women and for disabled and non-disabled people;e.7the evaluation of the employability and activities of university graduates.3 to perform these duties, the confederation works together with the cantons, the communes, academia, the private sector and representatives from civil society as well as foreign and international organisations, and if possible takes their information needs into account.5 amended by annex no ii 5 of the higher education act of 30 sept 2011, in force since 1 jan. 2015 (as 2014 4103; bbl 2009 4561).6 amended by annex no 1 of the fa of 13 dec. 2002 on the elimination of discrimination against people with disabilities, in force since 1 jan. 2004 (as 2003 4487; bbl 2001 1715).7 inserted by annex no ii 5 of the higher education act of 30 sept 2011, in force since 1 jan. 2015 (as 2014 4103; bbl 2009 4561).art. 4 principles of data collection 1 insofar as the confederation has the necessary data available or that such data becomes available to an organisation subject to this act in the implementation of federal law (federal administrative data), separate surveys need not be conducted by federal statistical bodies (direct surveys, indirect surveys or surveys based on observations and measurements).2 in the event that the data required by federal statistical bodies on third parties is available from cantonal or communal agencies or from other entities of the public law, such data must be collected from said agencies or entities (indirect survey).3 direct surveys require the collection of new data at source by interviewing natural persons and legal entities for the sole purposes of this act. the number and type of surveys are limited to what is strictly necessary.4 in the case of surveys conducted in terms of this act, the confederation gives notice of the purpose and the legal basis for processing the data, and the categories of participants in the data records and the data recipients.5 the organisations, agencies and other public legal entities in terms of paragraphs 1 and 2 must make the data available to the federal statistical office free of charge.88 inserted by art. 17 no 2 of the census act of 22 june 2007, in force since 1 jan. 2008 (as 2007 6743; bbl 2007 53).section 2 power to commission surveys and participation art. 5 commissioning surveys 1 the federal council shall commission the required surveys. in doing so, it may provide for hybrid direct and indirect surveys.2 it may delegate the authority to a department, a group or an office to commission:a.surveys that do not include the collection of any personal data;b.surveys with no disclosure obligation relating to a small group of companies and businesses under private and public law;c.one-off surveys that relate to a small group of persons.3 the federal institutions for research promotion and research centres subject to this act may instruct surveys with no disclosure obligation that are one-off or limited in time.4 other organisations governed by this act in accordance with article 2 paragraphs 2 or 3 have the autonomous power to instruct:a.surveys that do not include the collection of any personal data;b.surveys with no disclosure obligation relating to natural persons and legal entities under private and public law that work with the organisation in order to fulfil its other duties;c.surveys with the disclosure obligation if this is provided for by another act.5 surveys for the purpose of testing methodology may be conducted without special instruction, provided there is no disclosure obligation.art. 6 obligations of the interviewees 1 direct surveys are voluntary for natural persons in private households. the foregoing is subject to the obligation to provide information under article 10 of the census act of 22 june 20079.101bis indirect surveys are mandatory for natural persons, legal entities and organisations that carry out public tasks.11.2 the survey shall be conducted in a format that imposes the least possible administrative burden on those under obligation.3 any person who provides information voluntarily for a survey must do so in a truthful manner and to the best of their knowledge. the federal council may provide compensation for voluntary information where its provision requires an exceptional amount of time and effort from the interviewees.4 the federal council may on, commissioning a survey, require natural persons and legal entities under private and public law and their representatives to disclose information if this is absolutely necessary for the completeness, representativeness, comparability or up-to-dateness of a statistic. the persons and entities under this obligation are required to provide the information truthfully, within the deadline, free of charge and in the prescribed form.129 sr 431.11210 amended by no i of the fa of 23 dec. 2011 (participation in federal statistical surveys), in force since 15 july 2012 (as 2012 3131; bbl 2011 3967 4429).11 inserted by no i of the fa of 23 dec. 2011 (participation in federal statistical surveys), in force since 15 july 2012 (as 2012 3131; bbl 2011 3967 4429).12 inserted by no i of the fa of 23 dec. 2011 (participation in federal statistical surveys), in force since 15 july 2012 (as 2012 3131; bbl 2011 3967 4429).art. 7 participation of the cantons and the communes 1 on commissioning a survey, the federal council shall determine the extent to which the cantons and communes participate in conducting the survey.2 it may instruct the transfer of data from their data records, provided the legal basis for the data records does not expressly exclude use of such data for statistical purposes. in the event that the data is subject to a statutory duty of confidentiality, it may not be divulged in accordance with article 19 of this act as well as with article 2213 of the data protection act of 19 june 199214.3 the cantons and communes each meet the costs incurred arising from their participation. cantonal legislation may regulate the allocation of costs between the cantons and the communes differently.4 the federal council may provide compensation for special expenditures or for supplementary services provided voluntarily.13 revised by the drafting committee of the federal assembly (art. 33 inter-council relations act; as 1974 1051).14 sr 235.1art. 8 participation of other agencies research centres and other suitable organisations may, with their consent, be called on to participate in surveys or in other statistical activities, provided that data protection is guaranteed. compensation may be provided.art. 9 multi-year programme 1 a multi-year programme is prepared for each legislature period as part of the legislative planning.2 the multi-year programme provides information on:a.the major statistical activities of federal statistical bodies;b.the financial and staff resources provided by the confederation;c.the impact on participants and interviewees;d.international cooperation.section 3 organisation of federal statistics art. 10 federal statistical office 1 the federal statistical office (federal office) is the central statistical office of the confederation. it provides statistical services for the administrative units of the confederation, for other users of data produced by federal statistical bodies and for the general public.2 the federal office coordinates federal statistical bodies and draws up standard principles in the interests of national and international comparability. it prepares the multi-year programme in cooperation with other statistical offices and after consulting interested parties. it normally conducts the surveys and prepares comprehensive compilations of data, provided the federal council does not assign this duty to another statistical office or federal office.3 the federal office cooperates closely with the cantons in the maintenance of a business and enterprise register (ber) used as an aid in conducting surveys on businesses and enterprises. the federal council may provide that specific data is also used for purposes related to specific persons in the public interest.3bis the federal office cooperates closely with the cantons in the maintenance of a federal register of buildings and dwellings (rbd). access to the register for statistical, research and planning purposes and to fulfil statutory obligations is open to the confederation, and to each canton and commune in respect of the data pertaining to its territory. the federal council shall regulate the management of the register and decree more detailed provisions on data protection. insofar as no personal data is involved, the federal council may make the data in the register accessible to the public.153ter .163quater the federal office maintains a random sample register used as an aid for surveys of households and persons. providers of public telephone services are obliged to provide the federal office with the required customer data, as far as this data is available. they may be compensated partially or fully for their time and efforts. the offices called on to participate in the survey may not use the data for their own purposes. data in the random sample register may only be used for surveys in accordance with this act.173quinquies the federal council shall regulate the details.184 the administrative units as well as the other organisations, depending on the extent to which they are subject to article 2 paragraph 3, provide the federal office with the results and principles of their statistical activities and, if required, data from their data records and surveys in order that the federal office may fulfil its duties.5 duties of confidentiality and disclosure prohibitions may only prevent the disclosure of data to the federal office if a federal act expressly excludes divulging or using data for statistical purposes. the federal office may not divulge such data in accordance with article 19 of this act as well as article 2219 of the data protection act of 19 june 199220.15 inserted by art. 10 of the fa of 26 june 1998 on the federal census (as 1999 917; bbl 1997 iii 1225). amended by art. 24 no 1 of the second homes act of 20 march 2015, in force since 1 jan. 2016 (as 2015 5657; bbl 2014 2287).16 inserted by art. 25 of the university support act of 8 oct. 1999, in force since 1 april 2000 valid to 31 dec. 2007 (as 2000 948; bbl 1993 297).17 inserted by annex no 2 of the fa of 24. march 2006, in force since 1 april 2007 (as 2007 921; bbl 2003 7951).18 inserted in accordance with annex no 2 of the fa of 24 march 2006, in force since 1 april 2007 (as 2007 921; bbl 2003 7951).19 revised by the drafting committee of the federal assembly (art. 33 inter-council relations act; as 1974 1051).20 sr 235.1art. 11 other federal statistics generators 1 the other administrative units, as well as the organisations partially subject to the act, conduct the surveys in accordance with article 5 paragraph 2-4. the federal council may on a case-to-case basis delegate further surveys to an administrative unit, and with its consent also to a subordinate body or institution.2 federal survey offices that are not exclusively involved in statistics and research designate one or more statistical officers for their statistical activities.3 the statistical analysis of administrative data of the confederation is in principle the duty of the administrative unit, body or institution that holds the data. in agreement with the federal office or by resolution of the federal council, the federal office may be entrusted with processing the data.4 the federal office advises the other federal statistics generators and provides them with the required data within the terms of the data protection provisions.art. 12 coordination 1 the federal office must be consulted on the design of the surveys, the compilation of the collected data, as well as the other data sources of the federal statistical bodies.2 the federal office endeavours to coordinate with the cantonal statistics authorities, and in particular to coordinate the survey programmes, and to harmonise the registers or other data records for the purpose of processing statistics.3 it also cooperates with the cantons, the universities and the research centres on statistics-related research and training matters.art. 13 committee for federal statistics 1 the federal council shall establish a committee for federal statistics. the committee advises the federal council and the federal statistics generators on important issues related to federal statistical bodies.2 the cantons, communes, academia, the private sector, representatives from civil society as well as the administrative units of the confederation and the organisations governed by this act are represented in the committee.section 4 data protection and data security art. 14 data protection and official secrecy 1 the data collected or divulged for statistical purposes may not be used for other purposes unless a federal act expressly orders another application or those concerned provide their written consent.2 the persons entrusted with statistical activities must treat as confidential all data related to individual natural persons and legal entities that they may have come across in their work. this obligation also applies in particular to persons who are involved by the cantons, the communes or other offices in the conduct of surveys or who receive data in accordance with article 19.art. 14a21 data links 1 in order to fulfil its statistical duties, the federal office may link data, provided the data is rendered anonymous. in the event that data links involve data considered especially sensitive or that data links generate personal profiles, the linked data must be deleted on completion of the statistical analysis. the federal council regulates the details.2 statistical offices of the cantons and the communes may only link data from the federal office with other data in fulfilling their statistical duties with the written consent of the federal office and by taking account of its requirements.21 inserted by annex no 4 of the register harmonisation act of 23 june 2006, in force since 1 nov. 2006 (as 2006 4165; bbl 2006 427).art. 15 data security and data storage 1 all offices that process personal data for or from federal statistical bodies must protect this data against unauthorised handling by introducing necessary organisational and technical measures.2 the offices conducting the surveys may only retain the name and address lists used to prepare, conduct and coordinate surveys for as long as these lists are required for processing for the aforementioned purposes. the provisions on the businesses and enterprises register are reserved.3 survey material containing names or personal identification numbers of the interviewees in addition to the requested data may only be processed by the offices authorised to conduct the survey. this material and data must be destroyed as soon as processing has been completed.4 data may be stored and archived at the competent statistical offices of the confederation, at the federal office or, with the written consent of the federal office and taking account of requirements, at the cantonal statistical offices, provided it does not contain any names or personal identification numbers of the interviewees.2222 amended by annex no 4 of the register harmonisation act of 23 june 2006, in force since 1 nov. 2006 (as 2006 4165; bbl 2006 427).art. 16 application of other data protection provisions 1 in addition to the provisions of this act, the provisions of the data protection act of 19 june 199223 on the processing of the data for research, planning and statistics apply to data protection for all statistical activities.2 the federal council shall issue supplementary provisions on data protection and on data security for the collection and processing of data by federal bodies.23 sr 235.1art. 17 data protection in the cantons 1 articles 14, 15 and 16 paragraph 1 of this act and, provided it is not contrary to these articles, cantonal law that regulates the processing of data not related to specific persons applies to the processing of data by cantonal bodies. in the absence of such regulations, federal law applies.2 in the event that the cantons and communes are involved in conducting a survey, the cantons determine an office that will ensure compliance with data protection.section 5 dissemination and services art. 18 dissemination 1 the relevant statistical results and principles are published in user-friendly form in the official languages. results that are not published are made accessible in an appropriate manner.2 the federal office provides the required facilities for this purpose; these facilities are also available to the other statistics generators for disseminating their results.3 unless such publication is required by law, the results may not enable any conclusions to be drawn regarding the circumstances of individual natural persons or legal entities that the person or entity concerned has not already made generally available.4 the federal council may restrict access to statistical results for other important reasons.art. 19 other services 1 the federal office and the other statistics generators carry out special data analyses for the administrative units of the confederation and, where they have the capacity, for third parties.2 the federal statistical bodies providers may disclose personal data for purposes not related to specific persons, in particular for research, planning or statistics, to research and statistical offices of the confederation and to third parties, if:a.the data is rendered anonymous, as soon as the purpose of the processing the data is achieved;b.the recipient divulges the data with the consent of the statistics generators;c.the recipient only discloses the results so that the persons concerned are not recognisable; andd.the recipient meets the requirements for compliance with statistical secrecy and the other data protection provisions.3 the federal office may carry out short-term research, analysis and advisory duties in connection with federal statistical bodies if the commissioning party bears the costs or provides the required staff.art. 20 re-use of data by third parties 1 statistical results that have been published, made available, or processed from data from federal statistical bodies may be used or reproduced without copyright authorisation provided reference is made to their source.2 the federal council may make exceptions for the use of data for commercial purposes.art. 21 fees the federal council regulates the fees for publications, services and authorisations.section 6 criminal provisions24 24 from 1 jan. 2007 the potential penalties must be interpreted and the limitation periods recalculated in accordance with art. 333 paras. 2-6 of the criminal code (sr 311.0) in its version according to the fa of 13 dec. 2002 (as 2006 3459; bbl 1999 1979). art. 22 violation of the disclosure obligation anyone who in a survey commissioned under this act wilfully provides false information or does not or does not properly fulfil the duty to disclose information despite receiving a reminder is liable to a fine.art. 23 violation of data protection and official secrecy anyone who wilfully or negligently violates the provisions of article 14 by divulging data that must remain secret or by using data for purposes other than statistical purposes is liable to imprisonment or a fine.art. 24 prosecution 1 the cantons prosecute and judge violations of the disclosure obligation in the case of surveys conducted by cantonal bodies, and violations of statistical secrecy by cantonal bodies.2 the competent department prosecutes and judges the other offences in accordance with the procedural regulations of the federal act of 22 march 197425 on administrative criminal law.3 in addition, the general provisions of the criminal code26 and articles 6 and 7 of the federal act of 22 march 1974 on administrative criminal law also apply.25 sr 313.026 sr 311.0section 7 final provisions art. 25 implementation 1 the federal council is responsible for implementation and issues the implementing provisions.2 it may within the scope of its own powers conclude agreements on international cooperation.art. 2627 27 repealed by no ii 20 of the fa of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).art. 27 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 august 19932828 fcd of 30 june 1993.annex repeal and amendment of other legislation 1. federal act of 23 july 187029 on official statistical surveys in switzerland 29 [bs 4 282]repealed2. federal decree of 17 september 187530 on the statistical compilation of births, deaths, marriages, divorces and marriage annulments occurring in switzerland 30 [bs 4 285; as 1985 660 no i 11]repealed3. federal act of 27 june 197331 on statistical school surveys 31 [as 1975 1029]repealed4. federal decree of 30 november 196432 on the periodic conduct of road traffic censuses 32 [as 1970 1005]repealed5. federal assembly decree of 14 june 195433 on the periodic conduct of business censuses 33 [as 1954 652, 1974 1857 annex no 26]repealed6. federal assembly decree of 12 april 193334 on the introduction of federal statistics on tourism 34 [bs 4 286; as 1974 1857 annex no 27]repealed7. -14. .3535 the amendments may be consulted under as 1993 2080.

431.011 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon the organisation of federal statisticsof 30 june 1993 (status as on 1 april 2021)the swiss federal council,based on article 25 paragraph 1 of the federal statistics act of 9 october 19921 (the act),ordains:1 sr 431.01art. 1 aim this ordinance regulates:a.the scope of application of the act;b.the preparation of the multi-year programme;c.cooperation between the various agencies;d.the provision of statistical information.art. 2 scope of application 1 the institutions, public corporations and other legal entities named in the annex are partly subject to the act. the provisions of the act and the implementing provisions of this ordinance apply in the following areas:a.the duties of the federal statistical bodies (art. 3 of the act);b.the principles of data collection (arts. 4 and 6 para. 2 of the act);c.the autonomous instruction of surveys (art. 5 para. 4 of the act);d.the participation of other agencies (art. 8 of the act);e.cooperation with the federal statistical office (federal office) (art. 10 para. 4 of the act);f.the duties of federal statistics generators (art. 11 of the act);g.consultation with the federal office (art. 12 para. 1 of the act, art. 8 para. 1 of this ordinance);h.data protection and data security (art. 14-16 and 23 of the act, art. 10 of this ordinance);i.publications (art. 18 para. 2 and 3 of the act, art. 11 para. 1 of this ordinance);k.other services (art. 19 para. 1 and 2 of the act).2 for the swiss national bank, paragraph 1 letters a-e applies, other than for statistical work that is instructed by the federal council under article 2 paragraph 1 letter a of the act.art. 3 definitions 1 federal statistics generators are administrative units of the federal administration (art. 58 of the administration organisation act of 19 sept. 19782) or parts thereof, as well as the public corporations, institutions and other legal entities that are partly subject to the act insofar as they carry out statistical work.2 statistical work comprises:a.the conduct of direct and indirect surveys;b.the provision of general surveys and statistical summaries;c.the preparation and the updating of classifications, nomenclatures and terminological collections;d.the evaluation for statistical purposes of administrative data, registers and of data from observation and monitoring networks;e.statistical analysis, provision of statistical information and archiving;f.devising statistical methods for federal statistical bodies as well as the related information technology programs;g.training and research in the field of statistics;h.the cultivation of international contacts relating to the coordination and harmonisation of statistics, as well as the exchange of statistical information.3 work that that solely involves the internal administrative activities of administrative units and the other public corporations, institutions and private entities, the results of which provide no representative information at federal level, is not regarded as statistical work.2 [as 1979 114, 1983 170 931 art. 59 no 2, 1985 699, 1987 226 no ii 2 808, 1989 2116, 1990 3 art. 1 1530 no ii 1 1587 art. 1, 1991 362 no i, 1992 2 art. 1, 288 annex no 2 510 581 annex no 2, 1993 1770, 1995 978 4093 annex no 2 4362 art. 1 5050 annex no 1, 1996 1486 1498 annex no 1, 546 annex no 1. as 1997 2022 art. 63]. see now the government and administration organisation act of 21 march 1997 (sr 172.010).art. 4 multi-year programme 1 the multi-year programme contains the goals and priorities of federal statistical policy for the legislative period. it also includes information on measures that relieve the burden on those involved in the conduct of surveys, on the required financial and human resources and on international cooperation.2 the federal statistical office participates in the preparation of the legislative programme, in order to ensure the coordination of the multi-year programme with the legislative programme.3 in the preparation of the multi-year programme, the federal office takes account wherever possible of the information needs of the cantons, communes, the scientific world, the private sector, social partners and international organisations.4 the federal statistics generators provide the federal office with information on the aim, content and form of their planned statistical work as well as a list of the planned resources.5 if new statistical work, a fundamental modification or the termination of existing statistical work is planned, the federal office must be notified without delay. the federal office must be regularly informed of developments relating to the planning of statistical work.art. 5 federal statistics committee 1 the federal statistics committee (the committee) advises the federal council and the federal statistics generators on the following matters:a.the preparation of the multi-year programme and the supervision of this programme;b.the provision of recommendations and guidelines for statistical work;c.general statistics projects;d.the policy on the publication of statistical information;e.other issues that are important for improving official statistics in switzerland.2 matters falling under the autonomous control of the institutions partly subject to the act are not included in the foregoing.3 the committee draws up an annual report for submission to the federal council on developments in the multi-year programme and the situation and development of official statistics in switzerland.4 it may form sub-committees to deal with specific matters and may call on experts. the legal status, term of office and remuneration of the members the committee are governed by the regulations on the extra-parliamentary committees.5 the committee is made up of a maximum of 25 members and normally meets twice a year. the committee secretariat is run by the federal office.6 the federal department of home affairs issues the internal regulations.art. 6 cooperation between federal statistics generators 1 in order to encourage statistical cooperation, planning and coordination at federal level, the federal office shall establish a contract group (fedestat), in which the federal statistics generators are represented.2 the federal department of home affairs issues the internal regulations after consulting with the parties concerned.art. 7 cooperation with the cantons and communes 1 in order to encourage statistical cooperation, planning and coordination between the confederation, cantons and communes, the federal office shall establish a contract group (regiostat), in which the cantonal statistical offices, the statistical officers for those cantons that have no statistical office and the statistical offices of the cities may be represented.2 the federal department of home affairs issues the internal regulations after consulting with the parties concerned.art. 8 specialist panels of experts 1 in order to obtain advice on issues specific to a particular field raised by the federal statistics generators, the federal office may establish panels of experts with suitable representatives from the confederation, the cantons and communes, the scientific world, the private sector and representatives from civil society.2 their remuneration is governed by the ordinance of 1 october 19733 on the remuneration of committee members, experts and mandataries.3 [as 1973 1559, 1989 50, 1996 518 art. 72 no 2. as 1996 1651 art. 21 let. b]. see now the ordinance on the daily allowances and remuneration of the members of extra-parliamentary committees (sr 172.311).art. 9 coordination 1 the federal statistics generators must consult the federal office before the start, the fundamental modification or the termination of statistical projects in terms of article 3 paragraph 2 letters a-c. the federal office must likewise be consulted before the creation, fundamental modification or termination of federal administrative data collections and federal registers that are suitable for the federal statistical purposes.2 the federal office advises the federal statistics generators as well as the regional statistical offices on statistical matters. it offers them suitable basic and advanced in statistics.3 the federal office may for the purpose of the coordination and harmonisation of federal statistics, after consulting with the parties concerned and with the agreement of the statistics committee, issue recommendations and technical and methodological guidelines on the statistical work in terms of article 3 paragraph 2 letters a-c.4 the federal office shall draw up an inventory of the statistical activities in terms of article 3 paragraph 2 letters a-c, of the federal administrative data collections and federal registers that are suitable for federal statistical purposes, and of the observation and monitoring networks. the inventory shall be updated annually.5 the federal office coordinates the relations of the confederation with international organisations in the field of statistics. it also guarantees the exchange of data between the federal statistical bodies and the relevant international organisations, insofar as this is not guaranteed by other federal statistics generators. the exchange of data via networks is carried out in cooperation with the federal office for information technology and systems4.4 term in accordance with the unpublished fcf of 19 dec. 1997.art. 105 data protection and data security 1 in order to guarantee data protection, in addition to the provisions of the act and the ordinance of 30 june 19936 on the conduct of federal statistical surveys, the provisions of the federal act of 19 june 19927 on data protection and the ordinance of 14 june 19938 to the data protection act apply.2 in order to guarantee data security, in addition to the provisions of the act, the provisions of the cyber risks ordinance of 27 may 20209 and the ordinance to the federal act on data protection also apply.5 amended by annex no 10 of the o of 24 feb. 2021, in force since 1 april 2021 (as 2021 132).6 sr 431.012.17 sr 235.18 sr 235.119 sr 120.73art. 11 statistical information 1 the federal statistics generators disseminate the most important statistical results and principles through suitable media such as press releases, publications, machine-readable data carriers and databases. if possible, they provide an information service. additional services may be provided for a fee.2 the federal office maintains:a.an integrated and structured collection of statistical and geographical data (data warehouse);b.a central online statistical information system that provides access to statistical results and metadata from affiliated databases for various target groups.103 it provides these facilities to the federal statistics generators and other data providers for the provision of statistical information.114 it may issue recommendations and guidelines for the provision of data by these facilities.1210 amended by no i of the o of 28 june 2006, in force since 1 aug. 2006 (as 2006 2799).11 amended by no i of the o of 28 june 2006, in force since 1 aug. 2006 (as 2006 2799).12 inserted by no i of the o of 28 june 2006, in force since 1 aug. 2006 (as 2006 2799).art. 12 commencement this ordinance comes into force on 1 august 1993.annex13 13 amended by no ii of the o of 2 july 2008, in force since 1 aug. 2008 (as 2008 3463). (art. 2 para. 1)institutions subject to the act (art. 2 para. 2 and 3 of the act) federal institute of technology zurich (ethz), federal institute of technology lausanne (ethl), the general secretariat of the eth board and the following research institutes:-paul scherrer institute (psi)-swiss federal institute for forest, snow and landscape research (wsl)-swiss federal laboratory for materials testing and research (empa)-swiss federal institute of aquatic science and technology (eawag)swiss national accident insurance organisation (suva)swiss council for accident prevention (bfu)secretariat of the swiss farmers' unionswiss service for alcohol-related issues (fachstelle fr alkoholfragen) (sfa)hia collective institution (gemeinsame einrichtung kvg)

431.112 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the federal census(census act)of 22 june 2007 (status as of 1 january 2017)the federal assembly of the swiss confederation,based on article 65 of the federal constitution1,and having considered the federal council dispatch dated 29 november 20062,decrees:1 sr 1012 bbl 2007 53section 1 general provisions art. 1 principles 1 data shall be collected annually or at shorter intervals on the structure of the population and social developments in switzerland.2 data shall be collected on:a.the status, structure and development of the population;b.families, households and living conditions;c.work and earnings;d.health and social issues;e.3continuing education and training;f.migration;g.languages, religions and culture;h.transport and environment;i.buildings, apartments and workplaces and school establishments.3 as far as possible, the survey is based on official registers.4 for attributes not contained in the registers, random sample surveys shall be carried out.3 the amendment in accordance with the federal act of 20 june 2014 on continuing education and training, in force since 1 jan. 2017 only concerns the french and italian texts (as 2016 689; bbl 2013 3729).art. 2 subject matter the census is a survey of persons, households as well as buildings and dwellings that provides the authorities, the business community, research institutions and other interested parties with statistical data that forms the basis for:a.planning;b.political decisions;c.research;d.information given to the general public;e.the compilation of other statistics.art. 3 statistical populations and survey attributes 1 the federal council determines the statistical populations and the survey attributes for the census in an overview.2 it updates the overview regularly.3 it consults with the cantons in advance and seeks their cooperation.section 2 elements of the census art. 4 register-related surveys and random sample surveys 1 the census comprises register-related surveys and additional random sample surveys.2 the census is constituted by all register-related surveys and random sample surveys in accordance with this act over ten years.3 for the census in general, the federal council shall issue more detailed regulations in particular on:a.the subject matter of the survey;b.the modalities of the survey;c.the identifiers;d.the quality assurance measures.art. 5 register-related survey 1 in the case of the register-related surveys, in order to compile statistics on persons and household as well as statistics on buildings and dwellings, data in electronic form or in the form of data carriers is compiled from:a.the harmonised official federal registers of persons of the confederation, the cantons and the communes;b. the federal register of buildings and dwellings.2 the provision of data is governed by:a.the register harmonisation act of 23 june 20064 (rha) and the related implementing provisions;b.the provisions on the federal register of buildings and dwellings.3 if the official registers of persons of the confederation, the cantons and the communes are not harmonised within the periods laid down in the rha and the related implementing provisions, the competent agencies responsible for maintaining the registers must provide the data in another suitable form on the same due date as the harmonised register data. the federal council may instruct the federal statistical office to issue directives that regulate the details.4 sr 431.02art. 6 random sampling 1 random sampling is the representative collection of data from a section of the population or from another group under investigation that is selected randomly according to scientific principles.2 it includes:a.a structure survey: random sample survey on attributes that are not contained in the federal register of buildings and dwellings or in the harmonised official federal registers of persons of the confederation, the cantons or the communes;b.thematic random sample surveys: random sample surveys on various social, demographic and cultural subject areas.3 the federal council shall issue more detailed regulations for each random sample survey and in particular on:a.the subject matter of the survey;b.the body responsible for the survey;c.the periodicity;d.the time;e.the conduct of the survey;f.the method.art. 7 standard programme 1 the standard programme consists of the register-related surveys and those random sample surveys that are regularly conducted by the confederation independently of the surveys conducted by the cantons.2 it is carried out throughout the territory of switzerland.3 the federal council determines the standard programme. it publishes the standard programme at the same time as the overview of the statistical populations and survey attributes.art. 8 additional programmes 1 the cantons may request the federal statistical office for an expansion of the scope of the structure survey and the thematic random sample surveys. the expanded thematic random sample surveys do not include any new subject areas.2 the federal council regulates competences, territorial limits, the scope, deadlines and costs of the additional programmes as well as rights and obligations of the commissioning party.3 the federal statistical office and the commissioning canton shall enter into an agreement on the supplementary programme.section 3 responsibility art. 9 1 the body responsible for the survey is the federal statistical office.2 the federal statistical office may entrust third parties with the conduct of the surveys.section 4 disclosure obligation, use of data and data protection, dissemination art. 10 disclosure obligation 1 anyone who is interviewed within the terms of the structure survey is obliged to provide information.2 in the case of the thematic random sample surveys, the federal council may impose a disclosure obligation.3 natural persons are obliged to provide information on themselves and on those that they legally represent.4 the interviewees must provide the survey offices with the information truthfully, punctually and free of charge.5 the procedure in the event of any violation of the disclosure obligation is governed by cantonal law.art. 11 inconvenience fees 1 anyone who fails to answer the questions in full or who does so incorrectly, or who fails to return the survey forms or other documents in time despite receiving a reminder must the pay a fee to the competent authority for the inconvenience.2 the federal council stipulates the hourly rate. the fee may not exceed 1000 francs.3 persons who are not able to answer the questions, or to process the survey forms or have them processed are exempt from the obligation to pay a fee.art. 12 data control, data protection and official secrecy 1 the federal statistical office has control over the data from the standard programme.2 the federal statistical office and the relevant commissioning canton have joint control over the data from additional programmes.3 as soon as the data from the census has been reviewed, it shall be rendered anonymous and the names of persons deleted. article 16 paragraph 3 rha5 remains reserved.4 the data from the census may be used for purposes not related to specific persons, and in particular for research, planning and statistics. the results of the survey may be disseminated only if the persons concerned are not identifiable.5 the federal council shall issue more detailed provisions on data protection, and in particular on the rights of persons required to provide information and on the destruction of the survey forms after the collection of the data.6 anyone who is instructed to conduct the census is bound by official secrecy in terms of article 320 of the criminal code6.5 sr 431.026 sr 311.0art. 13 dissemination of the residential population numbers every four years, the federal council shall authoritatively establish the residential population numbers and publish them in the official federal gazette. the figures from the register-related surveys that are conducted in the first calendar year following the general elections to the national council are decisive.section 5 costs art. 14 1 the confederation shall bear the costs of the census in accordance with the standard programme, and in particular the costs of its conduct, the compilation and analysis of the data and the dissemination of the results.2 the federal assembly may approve a spending ceiling for the census in a simple federal decree.3 the costs of the additional programmes are borne in their entirety by the commissioning canton.section 6 final provisions art. 15 law also applicable the provisions of the federal statistics act of 9 october 19927 and the related implementing provisions also apply.7 sr 431.01art. 16 repeal of current law the federal act of 26 june 19988 on the federal census is repealed.8 as 1999 917art. 17 amendment of current legislation the legislative instruments listed below are amended as follos:.99 the amendments may be consulted under as 2007 6743.art. 18 transitional provisions 1 the census shall be conducted according to the new law from 2010.2 the federal council shall provide the federal assembly with an analysis report on the 2010 census at the appropriate time. it shall present the results in the individual survey areas and evaluate the effects of the change of system.art. 19 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council determines the date on which this act comes into force.commencement date: 1 january 20081010 federal council decree of 7 dec. 2007

432.22 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance onordinance on the library am guisanplatz(bigo)of 9 october 2013 (status as of 1 november 2013)the swiss federal council,on the basis of article 43 paragraph 2 of the government and administration organisation act of 21 march 19971,ordains:1 sr 172.010section 1: general remarks art. 1 subject matter this ordinance regulates the mandate of the library am guisanplatz (big) to collect information, provide services and coordinate.art. 2 hierarchal position the big is the principal library of the central and decentralised federal administration and the swiss armed forces.section 2: collection and services art. 3 collection mission 1 the big collects specialist information that is either printed or stored on other information carriers. such information:a.serves to fulfil the tasks of the federal administration or the swiss armed forces; orb.has been published by the federal administration or the swiss armed forces.2 one edition per available language of each document of general public interest published by the federal administration or the swiss armed forces must be submitted to the big without being requested to do so and free of charge; these include in particular studies, brochures, annual reports and regulations.art. 4 acquisition of the collection 1 the big expands its collection through:a.acquisitions within the limits of the respective credits;b.accepting documents published by the federal administration and the swiss armed forces;c.donations from third parties in terms of article 64 of the financial budget ordinance of 5 april 20062;d.exceptional acquisitions of collections or particularly important single items.2 in order to acquire collections or particularly important single items the big may:a.accept financial support from other offices of the confederation or cantons;b.seek the support of a wider general public;c.use contributions that have been provided under article 64 of the financial budget ordinance of 5 april 2006.3 at the request of other institutions, the federal council may integrate collections into the big that are relevant to the big.2 sr 611.01art. 5 maintenance of the collection 1 the big is responsible for maintaining the holdings, in particular their technically correct restoration and conservation.2 to spare and preserve the originals the big may transfer its holdings to other information carriers and media.art. 6 access to the collection 1 the big lists its holdings in the on-line catalogue of the alexandria library network, which is accessible to the public.2 in accordance with the terms of the user regulations, items may be lent to or viewed in the rooms the library by:a.employees of the federal administration;b.members of the armed forces;c.academics and the general public, in as far as the resources of the big permit.3 access may be restricted if required to conserve the work.4 for certain specialist literature, the big may issue personal subscriptions to employees of the federal administration and the swiss armed forces or provide them with the material in the form of service copies.art. 7 research 1 in response to requests for documentation, searches and scientific research, the big provides specialist services to:a.the federal administration and the swiss armed forces;b.academia and the general public, in as far as the resources of the big permit.2 it supports its clients in advanced research by providing:a.the infrastructure for using its holdings;b.access to the facilities of external institutions and businesses;c.specialist literature through interlibrary exchange.3 the big may publish scientific work in its own publication series.art. 8 archival service in consultation with the administrative units involved, the big manages the archival service of both the federal department of defence, civil protection and sport and the swiss armed forces.section 3: coordination and cooperation art. 9 library issues in the federal administration 1 the big supervises the libraries of the federal administration.2 it ensures cooperation within the federal administration regarding the safeguarding and provision of information and documents.art. 10 federal documentation committee 1 the federal documentation committee (fdc) is the coordinating authority of the federal administration for the specialised areas of information and documentation in accordance with article 55 of the government and administration organisation act of 21 march 1997. it serves in particular to:a.lend technical support to the big;b.initiate joint projects in the specialised areas;c.regularly share information.2 the fdc consists of:a.the head of the big as chair of the fdc;b.one representative from each department and from the federal chancellery.3 one representative from each of the following may participate in a consultative capacity at the meetings of the fdc:a.the swiss national library;b.the parliamentary services;c.other interested administrative units.4 the big runs the secretariat of the fdc.art. 11 alexandria library network within the framework of the alexandria library network, the big has the following tasks:a.it supports its partners in technical matters.b.it manages the publicly accessible on-line catalogue.c.it determines and manages the use of it applications.art. 12 cooperation with third parties 1 to fulfil its duties the big may cooperate with swiss and foreign institutions that pursue similar or supplementary tasks.2 it contributes to the development of library issues in switzerland.section 4: commencement art. 13 this ordinance comes into force on 1 november 2013.

441.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the national languages and understanding between the linguistic communities(languages act, langa)of 5 october 2007 (status as 1 february 2021)the federal assembly of the swiss confederation,based on articles 4, 18 and 70 of the federal constitution1, having considered the report of the national council science, education and culture committee dated 15 september 20062 and the report of the federal council dated 18 october 20063,decrees:1 sr 1012 bbl 2006 89773 bbl 2006 9047section 1 general provisions art. 1 subject matter this act regulates:a. the use of the official languages by the federal authorities and in dealings with them;b. the promotion of understanding and exchange between the linguistic communities;c. support for the plurilingual cantons in fulfilling their specific tasks;d. support for measures by the cantons of graubnden and ticino that benefit romansh and italian.art. 2 aim by means of this act, the confederation intends:a. to strengthen quadrilingualism as one of switzerland's fundamental characteristics;b. to consolidate the internal cohesion of the country;c. to encourage individual and institutional plurilingualism in the national languages;d. to preserve and promote romansh and italian as national languages.art. 3 principles 1 in fulfilling its tasks, the confederation shall observe the following principles in particular:a. it shall ensure that it treats the four national swiss languages equally;b. it shall guarantee and apply linguistic freedom in all its areas of activity;c. it shall take account of the traditional linguistic composition of switzerland's regions;d. it shall promote understanding between the linguistic communities.2 it shall work with the cantons to fulfil its tasks relating to the policy on languages and understanding between the linguistic communities.section 2 official languages of the confederation art. 4 scope of application 1 this section applies to the following federal authorities:a. the federal assembly and its organs;b. the federal council;c. the federal administration under article 2 paragraphs 1-3 of the government and administration organisation act of 21 march 19974 (gaoo);d. the federal courts;e. the extra-parliamentary committees of the confederation.2 where the goals set out in this act so require, the federal council may provide that:a. provisions of this section apply to organisations or persons under article 2 paragraph 4 gaoo that are entrusted with administrative tasks under federal law;b. the granting of licences or assignments and the award of financial assistance are made conditional on complying with the provisions of this section.4 sr 172.010art. 5 official languages 1 the official languages of the confederation are german, french and italian. romansh is an official language in dealings with persons who speak this language.2 the federal authorities shall use the official languages in their standard forms.art. 6 choice of language 1 any person dealing with a federal authority may do so in the official language of their own choice.2 the federal authorities shall answer in the official language in which they are addressed. they may agree with persons who contact them to use a different official language.3 persons who speak romansh may address the federal authorities in its idioms or in rumantsch grischun. the authorities answer in rumantsch grischun.4 the federal council may restrict the free choice of official language for dealings with authorities whose activities are limited to a specific region.5 in dealings with persons who have no command of an official language, the federal authorities shall if possible use a language that these persons understand.6 the special provisions on the administration of federal justice are reserved.art. 7 comprehensibility 1 the federal authorities shall endeavour to ensure that their language is appropriate, clear and comprehensible and shall ensure that gender-appropriate wording is used.2 the federal council shall take the measures required; in particular, it shall arrange for the basic and advanced training of employees and the provision of the required aids.55 the amendment in accordance with the fa of 20 june 2014 on continuing education and training, in force since 1 jan. 2017, relates to the french and italian versions only (as 2016 689; bbl 2013 3729).art. 8 federal assembly 1 in debates in the federal assembly and its committees, each member shall use a national language of his or her choice.2 dispatches, reports, draft legislation and requests must normally be submitted for consideration in the federal assembly and its committees in german, french and italian.art. 9 federal council and federal administration 1 the members of the federal council, the federal chancellor and federal administration staff shall work as they wish in german, french or italian.2 federal administration employers as defined in the legislation on federal personnel shall make the required aids available. art. 10 publications in german, french and italian 1 federal enactments and other texts that must be published officially in the official or classified compilations of federal legislation or in the federal gazette in terms of the publications act of 18 june 20046 or based on other federal law provisions shall be published in german, french and italian unless the law provides otherwise.72 publication shall take place simultaneously in german, french and italian.6 sr 170.5127 amended by annex no 5 of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3977; bbl 2013 7057).art. 11 publications in romansh texts of particular importance as well as the documents for federal elections and votes shall also be published in romansh. the federal chancellery shall determine which texts are published after consulting the chancellery of the canton of graubnden and the federal agencies concerned.art. 12 communications, signs and identity documents 1 the federal authorities shall use the local official language for public communications.2 the federal authorities shall communicate with the public in the four official languages, in particular in the design:a. of its printed matter;b. of its internet home pages;c. in signs in its buildings.3 personal identity documents shall be issued in the four official languages.4 federal forms intended for the general public must be made available in all the official languages. the federal authorities may allow exceptions for forms intended for a limited group of persons.art. 13 international agreements 1 an original version of bilateral agreements that must be published must be made available in at least one official language of the confederation.2 in the case of multilateral agreements that must be published, it must be ensured that an original version in at least one official language of the confederation is produced.3 exceptions under article 14 paragraph 2 of the publications act of 18 june 20048 and special provisions of federal legislation are reserved.8 sr 170.512section 3 promoting understanding and exchange between the linguistic communities art. 14 student exchange schemes 1 the confederation and the cantons shall encourage the exchange of school students and teachers at all school levels.2 the confederation may grant financial assistance to the cantons and exchange organisations.art. 15 teaching 1 the confederation and the cantons shall, within the scope of their responsibilities, ensure that the teaching language, and in particular its standard form, is accorded special attention at all academic levels.2 they shall, within the scope of their responsibilities, encourage plurilingualism among learners and teachers.3 they shall, within the scope of their responsibilities, be committed to a system of teaching foreign languages that guarantees that at the end of their compulsory schooling, students have skills in at least one second national language and one other foreign language. the teaching of the national languages shall take account of the cultural aspects of a plurilingual country.art. 16 further measures to promote language skills the confederation may grant financial assistance to the cantons to:a. devise the basic requirements for the teaching of a second and third national language;b. promote skills in the local national language among those who speak a different language;c. promote the skills of those who speak a different language in their own mother tongue.art. 17 academic institution promoting plurilingualism in order to coordinate, introduce and conduct applied research on languages and plurilingualism, the confederation and the cantons may support an academic institution suitable for this purpose.art. 18 support for organisations the confederation may grant financial assistance to:a. news agencies of national importance that report on the four language regions of the country;b. non-profit-making organisations and institutions of national importance that by their activities promote understanding in at least one language region or carry out fundamental work promoting plurilingualism and publish the results;c. joint bodies that support projects that increase understanding between the linguistic communities.art. 19 financial assistance for translation work the confederation may grant financial assistance to non-profit-making organisations and institutions active in switzerland for written translations from one official swiss language into the others.art. 20 plurilingualism in public service 1 the confederation shall encourage its employees to further their knowledge of the national languages.2 the confederation shall ensure that the linguistic communities are fairly represented in the federal authorities and extra-parliamentary committees, and shall encourage plurilingualism in the armed forces.3 the confederation and the cantons shall make their terminology databases available to each other free of charge.section 4 support for plurilingual cantons art. 21 1 within the limits of the authorised credits, the confederation shall grant the plurilingual cantons financial assistance so that they may perform their specific tasks.2 the cantons of bern, fribourg, graubnden and valais are considered to be plurilingual.3 specific tasks are in particular:a. establishing suitable conditions and aids for the plurilingual work in political authorities, the law enforcement and justice system, and administrative authorities;b. encouraging plurilingualism among learners and teachers in the official languages of the canton at all academic levels.section 5 preserving and promoting the romansh and italian languages and cultures art. 22 1 within the limits of the authorised credits, the confederation shall grant the cantons of graubnden and ticino financial assistance to support:a. measures to preserve and promote the romansh and italian languages and cultures;b. organisations and institutions that fulfil supra-regional responsibilities to preserve and promote the romansh and italian languages and cultures;c. publishing activities in romansh and italian-speaking switzerland.2 in order to preserve and promote the romansh language, the confederation may support measures to support the romansh media.3 federal financial assistance shall amount to a maximum of 75 per cent of the overall costs.section 6 implementation and evaluation art. 23 granting of financial assistance 1 the confederation shall grant financial assistance in response to an application. applications must provide information on the intended measures and include a funding plan.2 the confederation shall grant financial assistance in the form of a public service agreement or a ruling. if possible, public service agreements shall be entered into for a term of several years.art. 24 prohibition of multiple grants multiple grants of financial assistance under this act are not permitted.art. 25 reporting, evaluation and statistics9 1 the cantons, organisations and institutions shall submit regular reports to the confederation on the use of financial assistance grants.2 the confederation shall regularly review the utility and effectiveness of the measures.3 it shall with the assistance of the cantons compile statistics on student exchange schemes under article 14. the cantons shall provide the confederation with the required data in a standardised form.109 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 48; bbl 2020 3131).10 inserted by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 48; bbl 2020 3131).section 7 final provisions art. 26 repeal and amendment of existing legislation the repeal and amendment of the existing legislation are regulated in the annex.art. 27 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date:11 1 january 2010 number i of the annex comes into force at the same time as the languages ordinance.11 fcd of 4 dec. 2009.annex (art. 26)repeal and amendment of current legislation ithe federal act of 6 october 199512 on financial assistance for the preservation and promotion of the romansh and italian languages and cultures is repealed.iithe following federal acts are amended as follows:.1312 [as 1996 2280 2514]13 the amendments may be consulted under as 2009 6605

444.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the international transfer of cultural property(cultural property transfer act, cpta)of 20 june 2003 (status as of 1 february 2021)the federal assembly of the swiss confederation,on the basis of articles 69 paragraph 2 and 95 paragraph 1 of the federal constitution1,in implementation of the convention of 14 november 19702 on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property (1970 unesco convention) and of the convention of 2 november 20013 on the protection of the underwater cultural heritage (2001 unesco convention),4decrees:1 sr 1012 sr 0.444.13 sr 0.444.24 amended by annex no 1 of the fd of 21 june 2019 on the approval of the convention on the protection of underwater cultural heritage, in force since 1 nov. 2020 (as 2020 3793; bbl 2019 467).section 1 general provisions art. 1 subject matter and purpose 1 this act regulates the import of cultural property into switzerland, its transit and export as well as its repatriation from switzerland.2 by this act, the confederation intends to contribute to preserving mankind's cultural heritage and to prevent the theft, looting and illegal import and export of cultural property.art. 2 definitions 1 cultural property means property that is important on religious or secular grounds to archaeology, pre-history, history, literature, art or science and which belongs to one of the categories specified in article 1 of the 1970 unesco convention or article 1 paragraph 1 letter a of the 2001 unesco convention.52 cultural heritage means the entirety of cultural property belonging to one of the categories specified in article 4 of the 1970 unesco convention.3 contracting states means states that have ratified the 1970 unesco convention.4 specialised body means the administrative body responsible for carrying out the tasks specified in article 18.5 unlawful import, transit or export means any import, transit or export that violates an agreement pursuant to article 7 or a measure pursuant to article 8 paragraph 1 letter a.65 amended by annex no 1 of the fd of 21 june 2019 on the approval of the convention on the protection of underwater cultural heritage, in force since 1 nov. 2020 (as 2020 3793; bbl 2019 467).6 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).section 2 registers of cultural property art. 3 federal register 1 cultural property owned by the confederation that is of essential importance to cultural heritage shall be registered in the federal register.2 registration has the following effect:a. the cultural property may neither be acquired by adverse possession nor be acquired in good faith;b. the right to recovery is not subject to a statute of limitations;c. the definitive export of the cultural property from switzerland is prohibited.3 the entry in the federal register relating to an item of cultural property may be removed if:a. the cultural property is no longer of essential importance to cultural heritage;b. the cultural property is to be made part of an ensemble;c. the confederation loses or waives its ownership of the cultural property.4 the specialised body shall maintain and publish the federal register in the form of an electronic database.art. 4 cantonal registers 1 in order to simplify border controls, cantons that regulate the export of cultural property on their territories may link the following to the federal database:a. registers of their cultural property;b. registers of privately-owned cultural property, provided the owners have given their consent thereto.2 the cantons may declare that cultural property in their registers may neither be acquired by adverse possession nor acquired in good faith and that the right to recovery is not subject to a statute of limitations.section 3 import, transit and export7 7 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131). art. 4a8 customs declaration any person who imports, carries in transit or exports cultural property as defined in article 2 paragraph 1 must declare it to customs.8 inserted by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).art. 5 export licence for cultural property in the federal register 1 any person who wishes to export from switzerland cultural property that is registered in the federal register shall require a licence from the specialised body.2 the licence shall be granted if:a. the cultural property is being exported temporarily; andb. the cultural property is being exported for the purpose of the research, conservation, exhibition or for similar reasons.art. 6 swiss right of repatriation 1 if cultural property registered in the federal register has been exported unlawfully from switzerland, the federal council shall exercise its right of repatriation against other contracting states. any compensation and costs shall be paid by the confederation.2 if cultural property registered in a cantonal register is exported unlawfully from switzerland, the federal council shall at the request of the canton concerned exercise its right of repatriation against other contracting states. any compensation and costs shall be paid by the requesting canton.art. 7 agreements 1 to safeguard cultural and foreign policy interests and to preserve our cultural heritage the federal council may enter into international treaties with contracting states on the import and repatriation of cultural property (agreements).2 the following conditions must be met:a. the subject matter of the agreement must be cultural property of essential importance to the cultural heritage of the contracting state concerned;b. the cultural property must be subject to provisions on export in the contracting state concerned that aim to protect cultural heritage; andc. the contracting state must grant reciprocal rights.art. 8 temporary measures 1 in order to protect from damage the cultural heritage of a state that is endangered due to exceptional events, the federal council may:a. permit, place conditions on, restrict or prohibit the import, transit and export of cultural property;b. participate in joint international operations as defined in article 9 of the 1970 unesco convention.2 the measures must be temporary.art. 9 repatriation actions based on agreements 1 any person in possession of cultural property that has been unlawfully imported into switzerland may be sued for repatriation by the state from which the cultural property has been unlawfully exported. the plaintiff state must in particular prove that the cultural property is of essential importance to its cultural heritage and was unlawfully imported.2 the court may postpone repatriation until the cultural property is no longer at risk on its repatriation.3 the costs of the measures required to secure, preserve and repatriate the cultural property shall be borne by the plaintiff state.4 the state's right of repatriation is subject to a statute of limitations of one year from the date on which its authorities became aware of where and with whom the cultural property is located, but 30 years at the latest after the cultural property was unlawfully exported.5 any person who has acquired the cultural property in good faith and must return it is entitled at the time of repatriation to compensation based on the purchase price and any expenditure that was required and beneficial for the preservation and maintenance of the cultural property.6 the compensation must be paid by the plaintiff state. the person that is required to return the cultural property has a right of retention pending payment of the compensation.section 4 guarantee of return art. 10 application if cultural property of a contracting state is lent temporarily by a contracting state to a museum or another cultural institution in switzerland for an exhibition, the borrowing institution may request the specialised body to issue the lending institution with a guarantee of return for the duration of the exhibition agreed in the loan agreement.art. 11 publication and objection procedure 1 the request shall be published in the official federal gazette. the notice published shall contain a precise description of the cultural property and of its origin.2 if the request clearly does not meet the requirements for granting a guarantee of return, it shall be rejected and not published.3 any person who is a party under the federal act of 20 december 19689 on administrative procedure may file a written objection within 30 days with the specialised body. the 30-day period begins on publication of the notice.4 unless a person has filed an objection, they may not participate in the remainder of the proceedings.9 sr 172.021art. 12 issuing the guarantee 1 the specialised body shall decide on the request for issuing a guarantee of return.2 the guarantee of return may be issued if:a. no one has filed an objection claiming ownership of the cultural property;b. the import of the cultural property is not unlawful;c. the lending agreement provides that the cultural property shall be returned to the contracting state from which it has been borrowed on conclusion of the exhibition.3 the federal council may specify additional requirements.art. 13 effect the guarantee of return has the effect that private individuals and public authorities may not claim any legal rights to the cultural property while the cultural property is in switzerland.section 5 financial assistance for the preservation of cultural heritage art. 14 financial assistance10 1 the confederation may grant financial assistance:a. to museums or similar institutions in switzerland for the temporary fiduciary custody and conservational supervision of cultural property that forms part of the cultural heritage of other states and that is at risk there due to exceptional events;b. for projects to maintain cultural heritage in other contracting states;c. under exceptional circumstances, to facilitate restitution of the cultural heritage of contracting states.2 financial assistance under paragraph 1 letter a may only be paid out if fiduciary custody:a. takes place by agreement with the authorities of the other state; orb. takes place under the auspices of unesco or of another international organisation for the protection of cultural property.10 inserted by annex no ii 4 des culture promotion act of 11 dec. 2009, in force since 1 jan. 2012 (as 2011 6127; bbl 2007 4819 4857).art. 14a11 funding the funding of financial assistance under article 14 is governed by article 27 of the culture promotion act of 11 december 200912.11 inserted by annex no ii 4 des culture promotion act of 11 dec. 2009, in force since 1 jan. 2012 (as 2011 6127; bbl 2007 4819 4857).12 sr 442.1section 6 transfer of cultural property art. 15 transfer to federal institutions 1 federal institutions may not acquire or exhibit cultural property that:a. has been stolen, lost against the owner's will or unlawfully excavated;b. forms part of the cultural heritage of a state and has been unlawfully exported from that state.2 federal institutions that are offered such property shall notify the specialised body immediately.art. 16 duty of diligence 1 cultural property may only be transferred in the art trade and the auction business if the person making the transfer can assume in the circumstances that the cultural property:a. has not been stolen, lost against the owner's will or unlawfully excavated;b. has not been unlawfully imported.2 persons active in the art trade and in the auction business are required:a. to establish the identity of the suppliers or the seller and request them to provide a written declaration on their right to dispose of the cultural property;b. to inform their customers about the current import and export regulations of contracting states;c. to keep written records on the acquisition of cultural property and in particular the origin of the cultural property, insofar as it is known, and the name and the address of the supplier or seller, a description and the purchase price of the cultural property;d. to provide the specialised body with all the information that it requires on fulfilling this duty of diligence.3 records and receipts must be stored for 30 years. article 962 paragraph 2 of the code of obligations13 applies by analogy.13 sr 220art. 17 inspection 1 in order to verify compliance with the duty of diligence, the specialised body shall be granted access to the premises and storerooms of persons active in the art trade and in the auction business.2 if it has reason to believe that that an offence has been committed under this act, the specialised body shall report the matter to the competent prosecution authority.section 7 authorities art. 18 specialised body the confederation shall appoint a specialised body to implement this act, which shall have the following tasks in particular:a. it advises and supports the federal authorities on matters relating to the transfer of cultural property and in coordinating related work;b. it advises and works with the cantonal authorities on matters relating to the transfer of cultural property;c. it represents switzerland in dealings with foreign authorities on matters relating to the transfer of cultural property;d. it works with the authorities of other states in order to safeguard their cultural heritage;e. it issues persons active in the art trade and the auction business and other interested groups with information on matters relating to the transfer of cultural property;f. it maintains a list of offices providing information on cultural property reported as being stolen;g. it maintains and publishes the federal register in the form of an electronic database (art. 3);h. it issues guarantees of return (art. 10-13);i. it verifies compliance with duties of diligence by persons active in the art trade and auction business (art. 16 and 17).art. 19 customs 1 the customs authorities shall monitor the transfer of cultural property at the border.2 they are authorised to withhold suspicious cultural property on import, transit or export and to report the matter to the prosecution authorities.3 the storage of cultural property in customs warehouses is deemed to be an import in terms of this act.art. 20 prosecution authorities 1 if there is reason to believe that cultural property has been stolen, lost or unlawfully imported into switzerland, the competent prosecution authorities shall order its seizure.2 any seizure must be reported to the specialised body immediately.section 8 administrative and mutual assistance art. 21 administrative assistance in switzerland the competent federal, cantonal and communal authorities shall provide each other and the relevant supervisory authorities with any data required to implement this act.art. 22 international administrative and mutual assistance 1 the federal authorities responsible for implementing this act may work with the competent foreign authorities and with international organisations or bodies and coordinate the gathering of data insofar as:a. this is required to implement this act; andb. the foreign authorities, international organisations or bodies are bound by official secrecy or by a corresponding duty of confidentiality.2 they may request foreign authorities to provide the required data. in order to obtain the data, they may disclose data to the foreign authorities, in particular about:a. the condition, quantity, destination and place of use, purpose and the recipients of cultural property;b. persons involved in the supply or brokerage of cultural property;c. the financial aspects of the transactions.3 the federal authorities may disclose the data under paragraph 2 on their own initiative or at the request of the foreign state provided the state concerned:a. offers reciprocal rights;b. provides the assurance that the data will only be processed for purposes under this act;c. provides the assurance that the data will only be used in criminal proceedings in which mutual assistance in criminal matters would not be excluded because of the nature of the offence; in this case the competent federal authority shall decide in advance after consulting the federal office of justice on whether mutual assistance in criminal matters is possible.art. 23 relationship with the mutual assistance act the competent foreign authorities may be granted mutual assistance in connection with offences under this act. such offences are not deemed to be currency, trade or economic offences in terms of article 3 paragraph 3 of the mutual assistance act of 20 march 198114; the procedural provisions of the mutual assistance act apply.14 sr 351.1section 9 criminal provisions15 15 from 1 jan. 2007 the penalties and limitation periods must be interpreted or recalculated in application of art. 333 paras 2-6 of the criminal code (sr 311.0) in its version in the fa of 13 dec. 2002 (as 2006 3459; bbl 1999 1979). art. 24 misdemeanours 1 unless the offence carries a higher penalty under another legal provision, anyone who wilfully commits any of the following acts is liable to a custodial sentence not exceeding one year or to a monetary penalty:16a. imports, sells, offers for sale, supplies or brokers the sale of, acquires or exports cultural property that has been stolen or lost against the owner's will;b. appropriates excavation finds in terms of article 724 of the civil code17;c.18 unlawfully imports, carries in transit, or exports cultural property;cbis.19 fails to make a customs declaration or makes a false customs declaration regarding cultural property when importing, carrying in transit or exporting cultural property;d.20 exports cultural property registered in the federal register without authorisation.2 if the offender acts through negligence, the penalty shall be a fine not exceeding 20,000 francs.3 if the offender acts for commercial gain, the penalty shall be a custodial sentence not exceeding two years or monetary penalty.2116 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).17 sr 21018 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).19 inserted by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).20 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).21 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).art. 25 contraventions 1 unless the offence carries a higher penalty under another legal provision, any person in the art trade or auction business shall be liable to a fine not exceeding 20,000 francs if they:a. disregard the duties of diligence (art. 16);b. obstruct the conduct of an inspection (art. 17).2 attempt and complicity are also offences.3 .2222 repealed by no i of the fa of 25 sept. 2020, with effect from 1 feb. 2021 (as 2021 50; bbl 2020 3131).art. 26 offences by businesses articles 6 and 7 of the federal act of 22 march 197423 on administrative criminal law apply to offences committed by businesses.23 sr 313.0art. 27 prosecution the cantons are responsible for the prosecution and judgment of offences under this act.art. 28 forfeiture of cultural property and assets cultural property and assets forfeited under articles 69-72 of the criminal code24 shall pass to the confederation.25 it shall take account of the objectives of this act.24 sr 311.025 amended by no i of the fa of 25 sept. 2020, in force since 1 feb. 2021 (as 2021 50; bbl 2020 3131).art. 29 notification requirement the customs authorities and the competent prosecution authorities are required to notify the specialised body of offences under this act.section 10 legal remedies and data protection art. 30 1 the procedure for appeals against rulings under this act is governed by the general provisions on the administration of federal justice.2 the processing of personal data is governed by the legislation on data protection.section 11 final provisions art. 31 implementation the federal council shall issue the implementing provisions.art. 32 amendment of current legislation the following enactments are amended as follows:.2626 the amendment may be consulted under as 2005 1869.art. 33 prohibition of retroactive effect this act does not apply with retroactive effect. in particular it does not apply to acquisitions made before its commencement date.art. 34 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 june 20052727 fcd of 13 april 2005.

444.11 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on the international transfer of cultural property(cultural property transfer ordinance, cpto)of 13 april 2005 (status as of 1 july 2017) the swiss federal council,on the basis of article 31 of the cultural property transfer act (cpta) of 20 june 20031,ordains:1 sr 444.1section 1 general provisions art. 1 definitions in this ordinance:a. the description of an item of cultural property means:1. the nature of an item of cultural property, the materials from which it is made, its dimensions and/or weight, any inscriptions or markings thereon, and any special features (in particular damage and repairs),2. its era or date of creation, creator and its name, insofar as these details are known or can with reasonable expense be established;b. the origin or provenance of an item of cultural property means the place an item of cultural property comes from or its place of manufacture or, if it originates from archaeological or palaeontological excavations or discoveries, the place where the item of cultural property was found;c.2 federal institutions means:1. the swiss national museum and the national museum zurich, the chteau de prangins, the forum der schweizer geschichte schwyz and the sammlungszentrum affoltern am albis,2. the swiss national library with the swiss literary archives and the prints and drawings department, and the centre drrenmatt in neuchtel,3. the oskar reinhart collection am rmerholz in winterthur,4. the museo vela in ligornetto,5. the seewen museum of music automatons,6. federal institute of technology in zurich and its collections,7. the collection of art and cultural property held by gottfried keller foundation,8. the swiss federal art collection;d. lending institution means both public and private institutions that lend cultural property, and private lenders;e. persons active in the art trade and the auction business means:1. natural persons domiciled in switzerland and companies with registered office in switzerland that are required to be entered in the commercial register and that either acquire cultural property for the purpose of resale for their own account or that trade in cultural property for the account of others, and2. natural persons domiciled abroad and companies with registered office abroad that carry out more than ten commercial transactions involving cultural property in a calendar year and thereby achieve a turnover of more than 100,000 francs and that either acquire cultural property for the purpose of resale for their own account or that trade in cultural property for the account of others;f. transfer of cultural property means a transaction for a consideration in the art trade or in the auction business that leads to a person becoming the owner of an item of cultural property;g. estimated value means the value that corresponds to the market value of an item of cultural property. the customary practices for establishing the estimated value in auctions are reserved;h. supplier means the person who instructs another person active in the art trade and the auction business to transfer of an item of cultural property;i. exceptional events:1.3 armed conflicts,2. natural disasters,3. other exceptional events that endanger the cultural heritage of a state.2 amended by art. 10 of the ordinance of 21 may 2014 on the federal register of cultural property, in force since 1 july 2014 (as 2014 1451).3 amended by no ii 1 of the ordinance of 29 oct. 2014 on the protection of cultural property during armed conflicts, in force since 1 jan. 2015 (as 2014 3555).section 2 cantonal registers of cultural property (art. 4 cpta)art. 2 1 the content of cantonal registers are not included in the federal register. a link connects to the federal register. the federal office of culture (foc) shall resolve the modalities of connections in consultation with the cantons.2 the federal government shall ensure that the authorities and the public can access the cantonal registers electronically (internet) without restriction and at no charge.3 the cantons are responsible for the content of the registers.section 3 import and export art. 3 application for a temporary export licence (art. 5 cpta)1 the application for an export licence for cultural property registered in the federal register must be submitted to the specialist service, at the latest, 30 days prior to the intended export from switzerland.2 the application must include the following information:a. the purpose of the temporary export;b. the export date of the cultural property;c. the repatriation date of the cultural property.3 the following must be enclosed with the application:a. a description of the cultural property;b. the federal register inventory number for the cultural property.art. 4 notice of repatriation to switzerland (art. 5 cpta)notice of repatriation to switzerland must be given within 30 days thereof to the specialist service.art. 5 swiss repatriation rights (art. 6 cpta)1 the specialist service is responsible for exercising repatriation rights pursuant to article 6 cpta.2 it shall initiate the exercise of repatriation rights for cultural property protected against export by cantonal law in consultation with the responsible cantonal authorities.art. 6 temporary measures (art. 8 cpta)temporary measures may also include licensing and reporting requirements.section 4 guarantee of return art. 7 1 the institution borrowing one or more items of cultural property must submit a request for the issue of a guarantee of return to the specialist service, at the latest three months before the intended import of the cultural property into switzerland.2 the request must include the following information:a. name and address of the lending institution;b. a description of the cultural property;c. as precise a description as possible of the cultural property's origin;d. the intended date of the temporary import of cultural property into switzerland; e. the intended date of the export of the cultural property from switzerland;f. the duration of the exhibition;g. the requested term of the guarantee of return.3 the request must be submitted in an official language. the information specified in paragraph 2 letters b and c must be submitted in electronic form. this information may also be submitted in english.4 a copy of the loan agreement with the lending institution must be enclosed with the request. the copy must indicate that the cultural property will return to the contracting state from which it was borrowed at the completion of the exhibition in switzerland or at the completion of a travelling exhibition through multiple countries.5 the specialist service shall allow the borrowing institution a period of 10 days to rectify incomplete requests or requests without a copy of the loan agreement. it shall combine the deadline with the warning that the request may be rejected without publication (art. 11 para. 2 cpta) if the request is not rectified within the deadline or a copy of the loan agreement is not submitted.section 5 financial assistance for the preservation of cultural heritage art. 8 application for financial assistance (art. 14 cpta)an application for financial assistance for the preservation of cultural heritage of another country must be submitted to the specialist service before conducting the planned project.art. 9 authority to grant financial assistance (art. 14 cpta)1 the foc shall decide on applications on financial assistance for the temporary fiduciary custody and conservational supervision of cultural property pursuant to article 1 paragraph 1 letter a cpta.2 the foc shall decide in consultation with the swiss agency for development and cooperation and the directorate of political affairs of the federal department of foreign affairs on applications for financial assistance for projects pursuant to article 14 paragraph 1 letter b cpta, and projects facilitating the restitution of cultural heritage under article 14 paragraph 1 letter c cpta.art. 10 maximum rate of financial assistance (art. 14 cpta)1 financial assistance may amount to a maximum of 50 per cent of the costs claimed.2 financial assistance may only be granted as part of the approved credits.art. 11 financial assistance for fiduciary custody (art. 14 para. 1 let. a cpta)1 financial assistance for the fiduciary custody and conservational supervision shall amount to a maximum of chf 100,000 per annum.2 financial assistance shall only be granted to museums or similar institutions that:a. are active in a significant and recognised manner in the corresponding specialty, andb. conduct their activity based on the deontological rules of the museum profession, for example, the icom4 code of ethics for museums of 4 november, 1986 (amended on 6 july 2001 and revised in october 2004)5, in particular with regard to its purchasing and exhibition policies.4 international council of museums5 available at the foc's specialized body for the international transfer of cultural property, hallwylstrasse 15, 3003 bern.art. 12 financial assistance for the maintenance of cultural heritage (art. 14 para. 1 let. b cpta)1 projects for the maintenance of cultural heritage in another contracting state shall be supported with a one-time contribution of a maximum of chf 100 000 francs per project. the contribution may be paid in instalments.2 in exceptional cases, the federal council may grant a payment of a maximum of chf 1 million at the request of the federal department of home affairs.art. 13 financial assistance to facilitate the restitution of cultural heritage (art. 14 para. 1 let. c cpta)1 financial assistance to facilitate the restitution of cultural heritage of contracting states shall be granted exclusively to state authorities and international organisations.2 financial assistance may not exceed chf 50,000.3 financial assistance shall only be granted if the contracting state makes a contribution of its own corresponding to its financial resources.4 financial assistance serves to cover:a. court, legal, insurance, restoration and transport costs, insofar they are necessary for restitution and are actually incurred;b. compensation to third parties in exceptional cases.art. 14 requirements the granting of financial assistance is subject to compliance with the following requirements:a. the cultural heritage must be protected in accordance with all the rules of the profession;b. the grant recipient must render account to the specialist service on the use of the financial assistance;c. the grant recipient to announce that it has received support from the confederation in a suitable and reasonable manner;d. items of cultural property received, restored or made subject to restitution with the help of financial assistance in accordance with articles 12 and 13 may not be sold.art. 15 compensation if the requested financial assistance exceeds the available resources, the federal department of home affairs shall work with the federal department of foreign affairs to set an order of priorities for the assessment of the applications.section 6 transfer of cultural property art. 16 scope of articles 15-17 cpta 1 articles 15-17 cpta apply to:a. federal institutions;b. persons active in the art trade and auctioning business to the extent they transfer cultural property within switzerland.2 the obligations pursuant to articles 15-17, cpta do not apply to cultural property with a sale price or estimated value on transactions for third-party accounts of less than chf 5,000.3 the exception under paragraph 2 does not apply to the trade in cultural property in the following categories:a. results of archaeological or palaeontological excavations or discoveries;b. parts of destroyed artistic or historical monuments or of excavation sites;c. ethnological items, specifically those items used in sacral or profane rituals.art. 17 declaration of identity (art. 15 para. 1 and 16 para. 2 let. c cpta)1 federal institutions and persons active in the art trade or auctioning business must establish the identity of the seller or supplier based on the following information:a. in the case of natural persons and sole proprietors: surname, first name, date of birth, home address and nationality;b. in the case of legal entities and partnerships: company name and domicile address.2 the information shall be verified on the basis of probative documents if there are indications that the information is incorrect or that the relationship of trust established in previous transactions must be called into question.3 establishing identity is not required if it has been previously established.art. 18 right of disposal (art. 15 para. 1 and 16 para. 2 let. a cpta)the seller or supplier if applicable must sign a declaration confirming their right to dispose of the cultural property.art. 19 accounting (art. 15 para. 1 and 16 para. 2 let. c cpta)1 federal institutions and persons active in the art trade and in the auction business must record the following information and retain the corresponding documents:a. a description of the cultural property;b. the origin of the cultural property, to the extent known;c. the details of identity in accordance with article 17;d. the declaration of the right of disposal in accordance with article 18;e. the actual transfer date of cultural property;f. the purchase price of the cultural property or its appraised value on transactions for third-party accounts.2 the documents must be stored so that they can easily be made available to the authorities within a reasonable time for any requests for information or seizure.art. 20 on-site inspection (art. 17 cpta)1 the specialist service shall give advance notice of on-site inspections, unless there is a risk that the cultural property or associated documents will otherwise not be made available for inspection.2 the specialist service shall have access to the documents specified in article 19 during on-site inspections.3 on-site inspections are otherwise subject to the federal act of 20 december 19686 on administrative procedure.6 sr 172.021art. 21 data protection (art. 30 para. 2 cpta)1 in order to carry out its tasks in accordance with article 18 letter i cpta, the specialist service may process data relating to federal institutions and persons active in the art trade and the auction business. data processing is governed by the federal legislation on data protection.2 the specialist service shall not disclose data in accordance with paragraph 1 to third parties. the right to pass on data in connection with administrative and mutual legal assistance under article 21 and 22 cpta and as part of criminal proceedings remains reserved.section 7 specialist service art. 22 1 the foc runs the specialist service.2 .77 repealed by no i of the fo of 2 june 2017, with effect from 1 july 2017 (as 2017 3475).section 8 customs assessment procedures8 8 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469). art. 239 customs clearance customs assessment is governed by the provisions of customs legislation.9 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469).art. 24 licence obligation (art. 5 and 7 cpta)1 any person wishing to export from switzerland cultural property that is recorded in the federal register in accordance with article 3 paragraph 1 cpta shall require a licence from the specialist service.2 any person wishing to export from switzerland cultural property recorded in a cantonal register in accordance with article 4 paragraph 1 cpta shall require a licence from the responsible cantonal authorities, insofar as a licence is necessary under the relevant cantonal provisions.3 any person importing into switzerland cultural property that is the subject of an agreement under article 7 cpta or carrying the same in transit through switzerland must prove to the customs authorities that the export provisions of the foreign contracting state are fulfilled. if the foreign contracting state requires a licence to export such cultural property, the licence must be presented to the customs authorities.art. 25 customs declaration10 (art. 19 cpta)1 any person who imports, carries in transit or exports cultural property must include the following in the customs declaration:11a. the object type of the cultural property;b. as detailed a description as possible of the place of manufacture or, for the results of archaeological or palaeontological excavations or discoveries, the place where the cultural property was found.2 any person who imports or carries in transit cultural property must indicate in the customs declaration whether the export of the cultural property from a contracting state is subject to a licence in accordance with the legislation of that state.123 if a licence is required under article 24 for the import, transit or export of an item of cultural property, this licence must be presented to the customs authorities.10 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469).11 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469).12 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469).art. 26 customs warehouse and duty-free warehouse13 (art. 19 para. 3 cpta)1 the person required to submit a declaration shall notify the customs office in writing of the initial storage of cultural property in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse.142 the notification must include the documents and information required under article 25.13 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469).14 amended by annex 4 no 7 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (as 2007 1469).section 9 forfeiture of cultural property and assets (art. 28 cpta)art. 27 1 forfeited cultural property must be returned to its country of origin.2 the foc decides on the return. it may suspend the execution of the return until the return no longer poses a risk to the cultural property.3 forfeited cultural property shall be stored in the swiss national museum or in another appropriate institution until it is returned. the foc shall decide on the place of storage.4 forfeited assets shall be used by the foc for:a. granting financial assistance under article 14, cpta;b. covering the costs of safeguarding and returning cultural property.section 10 final provisions art. 28 amendment of current legislation .1515 the amendment may be consulted under as 2005 1883.art. 29 commencement this ordinance comes into force on 1 june 2005.

510.411english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on the protection of federal information(information protection ordinance, ipo)of 4 july 2007 (status as of 1 january 2021)the swiss federal council,on the basis of articles 8 paragraph 1 and 43 paragraph 2 of the government and administration organisation act of 21 march 19971 and article 150 paragraph 3 of the armed forces act of 3 february 19952,ordains:1 sr 172.0102 sr 510.10section 1 general remarks art. 1 subject matter 1 this ordinance regulates the protection of federal and armed forces information to the extent that national interests so require. in particular, it defines its classification and treatment.2 the specific provisions of other legislation are reserved.art. 2 scope this ordinance applies:a.to the federal administration in terms of article 6 of the government and the federal administration organisation ordinance of 25 november 19983;b.to military personnel;c.to the extent stipulated by federal law or accordingly agreed, to organisations and persons under public and private law who process classified information;d.to federal and cantonal courts that process classified information, to the extent stipulated by federal law.3 sr 172.010.1art. 3 definitions in this ordinance:a.information means recordings on information carriers and oral statements;b.information carriers means information media of any kind, such as documents and carriers of text, picture, sound or other data; intermediary data such as drafts are also regarded as information carriers;c.processing means any activity involving information, regardless of the means used and procedures applied, in particular the compilation, use, processing, copying, making accessible, disclosing, transmitting, taking note of, conservation, archiving and destruction;d.author means a person, administrative unit, command authority or contractor who produces classified information;e.holder of classified information, confidant means a person who has been entrusted with classified information;f.classification means assessing certain information according to the list of classification criteria (art. 8) and formally marking with a classification label;g.declassification means the cancellation of the classification label for information that is no longer sensitive;h.it and telecommunication systems means systems and their integrated applications and databases;i.it security means it security safeguards confidentiality, availability, integrity and reproducibility in electronic data processing;j.codification means the use of designations and codenames;k.encryption means state-of-the-art technical transformation of plain text.section 2 classifications art. 4 classification levels 1 any person who compiles or issues information requiring protection (sensitive information) shall allocate it to one of the following levels of classification according to its degree of sensitivity:a.secret;b.confidential;c.internal.2 if information carriers are physically merged to form a collection, consideration must be given as to whether it must be classified or given a higher level of classification.art. 5 secret information 1 information is classified as secret if its disclosure to unauthorised persons may seriously harm national interests. the foregoing applies in particular to information, the disclosure of which may seriously compromise;a.the capacity to act of the federal assembly or federal council;b.the security of the population;c.the national economic supply or the security of nationally important management facilities and infrastructure;d.fulfilment of the duties of the federal administration, the armed forces or essential parts thereof;e.switzerland's foreign policy interests or international relations;f.the protection of sources or individuals or the secrecy of operational resources and methods of the intelligence services.2 carriers of information classified as secret must be numbered.art. 6 confidential information 1 information is classified as confidential if its disclosure to unauthorised persons may harm national interests. the foregoing applies in particular to information, the disclosure of which may compromise:a.the free formation of opinions and decision-making of the federal assembly or the federal council;b.the proper implementation of specific measures by the authorities;c.the security of the population;d.national economic supply or the security of important infrastructure;e.fulfilment of the duties of parts of the federal administration or of the armed forces;f.switzerland's foreign policy interests or international relations;g.relations between confederation and the cantons or among the cantons themselves;h.switzerland's economic, monetary and currency policy interests.2 carriers of information classified as confidential may be numbered.art. 7 internal information 1 information is classified as internal:a.if its disclosure to unauthorised persons may be disadvantageous to national interests; andb.if it need neither be classified as secret nor confidential.42 information from abroad that is classified as restricted or equivalent shall be processed as internal information.4 amended by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).art. 85 list of classification criteria the general secretaries conference shall lay down in a list of classification criteria how certain sensitive federal data that occurs frequently must be classified.5 amended by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).art. 9 classification subject to a time limit classification must be made subject to a time limit if it can be predicted when it will no longer be sensitive.section 3 holders of classified information art. 10 requirements 1 persons who due to their range of duties are to be granted access to classified information must be:a.carefully selected;b.obliged to observe secrecy; andc.correspondingly trained and specialised.2 whether holders of classified information that are to be granted access to secret or confidential information must undergo a personnel security screening procedure, is governed by the ordinance of 19. december 20016 on personnel security screening.6 sr 120.4art. 11 basic and continuing education and training the specialist knowledge of holders of classified information pertaining to information protection and it security must be guaranteed and periodically updated.art. 12 responsibility 1 any person who processes classified information is responsible for complying with the regulations on information protection.2 superiors shall regularly check compliance with these regulations.section 4 processing classified information art. 13 principles 1 compiling, disclosing and making accessible of classified information must be kept to a minimum; in doing so, the situation, assignment, purpose and time should be taken into account.2 classified information may only be disclosed or made accessible to those persons who must know about it.3 in the case of requests for access to official documents, the relevant authority shall check whether access should be granted, restricted, postponed or refused in accordance with the federal act of 17 december 20047 on freedom of information in the administration, regardless of any classification.4 processing of information from abroad is governed by the relevant information protection agreement. if such an agreement does not exist, the information is processed according to the swiss classification level that is equivalent to its classification level abroad.7 sr 152.3art. 14 evaluation of protection requirement and recipients the author of secret information or confidential information that is numbered shall check its sensitivity and its recipients every five years at least and always with due regard to the obligation to offer to the federal archives.art. 15 protection in the case of incorrect or missing classification 1 any person who suspects or establishes that information has obviously been incorrectly or mistakenly not classified must ensure its protection until its classification has been changed.2 he or she shall immediately inform the author, who shall immediately take the necessary measures.art. 16 reporting in the event of loss, abuse or risk 1 any person who discovers that classified information is at risk, has been lost or misused shall take protective measures and inform without delay his or her superior, the author and the relevant security bodies.2 in agreement with the security bodies, the author shall immediately take the necessary measures.art. 17 archiving classified information is archived according to the legislation on archiving.art. 18 processing regulations 1 the processing of classified information and the handling of related information carriers is regulated in the annex.2 the general secretaries conference issues regulations on processing.83 it regulates simplified handling of information by the intelligence services and the police according to their requirements; in doing so, it shall preserve adequate protection of information in accordance with this ordinance.94 the processing of information classified as secret in the joint reporting procedure under article 15 of the government and administration organisation act of 21 march 1997 is regulated by the federal chancellery; in doing so, it shall provide adequate information protection in accordance with this ordinance.108 amended by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).9 amended by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).10 inserted by no i of the ordinance of 29 oct. 2014, in force since 1 jan. 2015 (as 2014 3543).section 5 security bodies art. 19 information protection delegate 1 the departments and the federal chancellery shall each appoint an information protection delegate.2 the information protection delegates have the following tasks in particular:a.they ensure compliance with information protection in their area of responsibility.b.they periodically check the presence and completeness of information carriers that are classified as secret.art. 2011 coordination committee for federal information protection 1 the information protection delegates of the departments and the federal chancellery form the coordination committee for federal information protection (coordination committee).2 the coordination committee has the following tasks:a.it prepares for the general secretaries conference a list of classification criteria, handling regulations and regulations for simplified handling of information by the intelligence services and the police.b.it ensures a uniform information protection practice within the confederation.c.it coordinates its activities with the it security committee.d.it guarantees the provision of the information to the general secretaries conference.e.12every two years, it reports to the general secretaries conference on strategic concerns of the information protection report.f.it may consult other services.3 in agreement with the departments and the federal chancellery, it draws up business regulations for itself and the coordination agency.11 amended by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).12 amended by no i of the ordinance of 1 may 2013, in force since 1 june 2013 (as 2013 1341).art. 20a13 coordination agency for federal information protection 1 the coordination committee is supported by the coordination agency. the latter has the following tasks:a.it manages the secretariat of the coordination committee.b.it is the central point of contact for domestic, foreign and international agencies concerned with information protection.c.it supports the information protection delegates of the departments and the federal chancellery in its field.d.it creates the necessary training aids.e.it may carry out the security inspections required by international treaties and further checks in consultation with the departments and the federal chancellery.2 the coordination agency is assigned in administrative terms to the general secretariat of the federal department of defence, civil protection and sport.1413 inserted by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).14 amended by annex no 2 of the ordinance of 3 june 2016, in force since 1 july 2016 (as 2016 1785).section 6 final provisions art. 21 implementation the departments and the federal chancellery shall implement this ordinance.art. 22 repeal and amendment of current law 1 the following are repealed:a.ordinance of 10 december 199015 on the classification and handling of information from the civilian administrative sector;b.ordinance of the federal department of defence of 1 may 199016 on the protection of military information (information protection ordinance).2 .1715 [as 1991 44, 1999 2424 art. 27 no 1]16 [as 1990 887, 1999 2424 art. 27 no 3]17 these amendments may be consulted under as 2007 3401.art. 23 transitional provisions 1 the classification internal may only be applied to information carriers that are created after this ordinance comes into force.2 technical adjustments to ensure the protection of information, in particular concerning its classification and handling, must be carried out by 31 december 2009.art. 24 commencement 1 this ordinance comes into force on 1 august 2007 and is valid until 31 december 2011 at the latest.2 the period of validity of this ordinance is extended until 31 december 2014.183 the period of validity of this ordinance is extended until 31 december 2017.194 the period of validity of this ordinance is extended until 31 december 2020.205 the period of validity of this ordinance is extended until 31 december 2023.2118 inserted by no i of the ordinance of 30 june 2010, in force since 1 aug. 2010 (as 2010 3207).19 inserted by no i of the ordinance of 29 oct. 2014, in force since 1 jan. 2015 (as 2014 3543).20 inserted by no i of the ordinance of 1 dec. 2017, in force since 1 jan. 2018 (as 2017 7391).21 inserted by no i of the ordinance of 25 nov. 2020, in force since 1 jan. 2021 (as 2020 6011).annex (art. 18 para. 1)22handling regulations secretconfidentialinternalperson responsiblecreationresources (the regulations agreed on implementing the ordinance of 29 august 199023 on classification procedure for assignments with classified military content apply.electronically: only with resources authorised by the coordination agency (exception: armed forces)electronically: only with resources authorised by the coordination agency (exception: armed forces)arbitraryauthorclassificationmark every page with: secretmark every page with: confidentialmark every page with: internal numberingcompulsoryoptionalnoneregistrationcoordination agency's formslist of recipientsoptionalstorage or preservationelectroniconly on resources authorised by the coordination agency; encrypted on workplace systems or encrypted on removable data carriersencrypted on workplace systems or encrypted on removable data carriersaccessible to authorised persons onlyauthor or confidantkeys are stored separately from the encrypted information and kept under lock and keyphysicalsafesecured containeraccessible to authorised persons onlytransfer or transmission and receptiontelephone, mobileencrypted or protected transfer pathway or security conceptencoded or encryptedencoded or within federal networkauthor or confidantfaxencryption or protected transfer pathway or security conceptencryption or protected transfer pathway or security conceptpermittede-mail (or annex thereof)encrypted and reproducibleencryptedpermitted, protection necessary, e g. federal networkdata transmissionencryption or protected transfer pathwayencryption or protected transfer pathwaypermitted, protection necessary, e.g. federal networkoral statementsonly to authorised persons, in areas where eavesdropping is impossibletransmission or dispatch and receptionpersonal hand-overonly permitted against receiptpermitted, in the case of numbered editions against receipt only permittedauthor or confidantpostal system, courierrestricted and only permitted by special federal courier permitted in restricted cases, in the case of numbered editions by registered letter permitted in restricted casesuseprocessing with it applications (with the exception of arrangements made pertaining to secrecy protection procedures)only with resources authorised by the coordination agency and with the use of security software that satisfies federal standardsonly with resources authorised by the coordination agency (exception: armed forces) and with the use of security software that satisfies federal standardspermittedauthor or confidantprintingpermitted in restricted casespermitted in restricted casespermittedcopyingrestricted and exclusively permitted at the author's consentpermitted in restricted casespermittedremoval from permanent location permitted in restricted casespermitted in restricted casespermittedinformation managementregular evaluation of classification and recipientsat least every five years and always with due regard to obligation to offer to the federal archives (art. 14)for numbered editions only: at least every five years and always with due regard to the obligation to offer to the federal archives (art. 14)noneauthorwithdrawal and withdrawal obligationcompulsorycompulsory if numberednoneauthor or confidantarchivingobligation to offer under the archiving legislation (art. 17).author or confidantdestruction or deletion (as long as there is no deposit obligation under the archiving legislation)destruction by author only and permitted in restricted casespermitted in restricted cases, in the case of numbered editions by author onlypermitted in restricted cases23 sr 510.41322 see also detailed processing regulations for the coordination agency (art. 18, para 2).

510.62 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on geoinformation(geoinformation act, geoia)of 5 october 2007 (status as on 1 october 2009)the federal assembly of the swiss confederation, based on article 60 paragraph 1, 63, 64, 75a and 122 paragraph 1 of the federal constitution1,and having considered the federal council dispatch dated 6 september 20062,decrees:1 sr 1012 bbl 2006 7817chapter 1 general provisions art. 1 aim this act has the aim of ensuring that geodata relating to the territory of the swiss confederation is made available for general use to the authorities of the confederation, the cantons and communes, the private sector, the public and to academic and scientific institutions in a sustainable, up-to-date, rapid and easy manner, in the required quality and at a reasonable cost.art. 2 scope 1 this act is valid for official geodata under federal legislation. 2 it is valid for other federal geodata provided its use is not regulated by other federal legislation.3 the regulations for geodata apply by analogy to federal geological data.4 the third, fourth and fifth chapters hereof shall take priority over divergent provisions of other federal acts. art. 3 terms and definitions 1 in this act:a.geodata means geospatial data that is related in time to the dimensions and characteristics of certain spaces and objects and in particular their position, nature, use and legal relationships; b.geoinformation means geospatial information obtained through combinations of geodata; c.official geodata means geodata that is based on a legislative enactment of the confederation, a canton or a commune;d.official geodata of proprietary nature means official geodata that binds by law all persons with a legal interest in a particular land parcel; e.official geodata binding public authorities means official geodata that is legally binding for federal, cantonal or communal authorities in the execution of their public duties;f.geospatial reference data means official geodata which serves as the geometric basis for other geodata;g.geospatial metadata means formal descriptions of the characteristics of geodata describing, for example, the origin, content, structure, validity, up-to-dateness, accuracy, rights of use, access or methods of processing; h.geodata models means descriptions of reality determining the structure and content of geodata independent from the used hard- and software systems;i.presentation models means descriptions of graphical presentations for the visualization of geodata e.g. in the form of maps and plans;k.geodata services means network applications which facilitate and simplify the use of electronic services for geodata and allow access to structured geodata. 2 the federal council may expand the definitions of the terms used in this act and amend them in accordance with the latest scientific and technical findings and international usage. chapter 2 principles section 1 qualitative and technical requirements art. 4 harmonisation 1 the qualitative and technical requirements for geodata and geospatial metadata must be defined in such a way as to enable the simple exchange and wide use of the data. 2 the implementing regulations for geoinformation legislation must take account of internationally or nationally recognized standards for geodata and geospatial metadata provided that this is possible and technically expedient. art. 5 official geodata under federal legislation 1 the federal council shall define the official geodata under federal legislation in a catalogue. 2 it shall issue regulations on the qualitative and technical requirements for official geodata under federal legislation and in particular on:a.the geodetic origin and projection framework;b.the relevant geodata model;c.the presentation model;dthe degree of detail;e.data quality;f.data collection and updating;g.data exchange;h.spatial delimitations.3 it may authorise the federal office of topography or the technically competent office to issue technical regulations and specialist recommendations concerning the official geodata under federal legislation.art. 6 geospatial metadata 1 the federal council shall issue regulations on the qualitative and technical requirements for geospatial metadata that is based on official geodata, and in particular on: a.the content;b.the relevant data model;c.the degree of detail;d.data quality;e.data collection and updating;f.data exchange.2 it may authorise the federal office of topography or the technically competent office to issue technical regulations and specialist recommendations concerning the relevant geospatial metadata.art. 7 geographical names 1 the federal council shall issue regulations on the coordination of names of communes, communities and streets. it shall regulate other geographical names, responsibilities and the procedure as well as the allocation of costs.2 the federal council shall rule as final instance on disputes arising from the application of paragraph 1 above. section 2 collection, updating and management art. 8 responsibility, freedom of method 1 the legislation shall identify the authorities responsible for the collection, updating and management of the relevant official geodata. in the absence of specific regulations, this responsibility is that of the specialist authority at federal or cantonal level responsible for the specialist field to which this official geodata relates. 2 duplication of work must be avoided during collection and updating of official geodata. 3 the method of collection and updating of official geodata may be chosen freely, provided that the results are of equal quality.art. 9 guarantee of availability 1 the authorities responsible for the collection, updating and management of official geodata shall also guarantee the lasting availability of this geodata. 2 in relation to official geodata under federal legislation, the federal council shall regulate:a.the modalities of archival storage;b.the method and frequency of historiography.section 3 data access and data use art. 10 principle official geodata under federal legislation shall be accessible to the public and may be used by anyone, unless this is contrary to overriding public or private interests. art. 11 data security articles 1-11, 16-25, 27, 33, 36 and 37 of the federal act of 19 june 19923 on data protection apply to the use of all official geodata under federal legislation subject to any regulations to the contrary found in article 12 paragraph 2c, article 14 paragraphs 1, 2 and article 32 paragraph 2d of this act.3 sr 235.1art. 12 data use 1 the authority responsible for the collection, updating and management of official geodata under federal legislation may allow access to this geodata as well as its use and distribution; the authorisation is subject to consent. consent is granted by: a.act of disposal;b.contract;c.organisational or technical access controls.2 the federal council shall issue further regulations regarding:a.the permitted use and distribution of data;b.the main features of the procedure for granting access and use;c.the obligations of the users, in particular with regard to data access and data protection during use and distribution;d.the mention of source of data and caveat;e.exemptions from the requirement of consent.art. 13 geodata services 1 the federal council shall determine the geodata services of national interest and define their minimum content.2 it shall issue regulations about the qualitative and technical requirements with regard to optimal networking and integration.3 it shall regulate interdisciplinary geodata services.4 it may require that certain official geodata under federal legislation, either by itself or in combination with other geodata, is made available online or by another method in electronic form.5 the same authority that is responsible for the collection, updating and management of official geodata is also responsible for the development and operation of the geodata services.art. 14 data exchange between public authorities 1 the federal and cantonal authorities shall grant each other easy and direct access to official geodata. 2 the federal council shall regulate the details of the exchange of official geodata. 3 data exchange shall be compensated for on the basis of a flat-rate payment. the confederation and cantons shall regulate the modalities and the assessment of the compensation payment in a public-law contract.art. 15 fees 1 the confederation and cantons may charge fees for the access to and use of official geodata. 2 they shall harmonise the principles of the fee structure for the official geodata and geodata services of national interest. 3 the federal council regulates the fees for the access to and use of basic geodata and the geodata services of the confederation. the fees are made up as follows:a.for private use: marginal costs and a suitable contribution to infrastructure costs at the most;b.for commercial use: marginal costs and a suitable contribution to infrastructure, investment and revision costs appropriate to the use of the geodata.section 4 cadastre of public-law restrictions on landownership art. 16 subject matter and form 1 the cadastre of public-law restrictions shall contain public-law restrictions on landownership rights which, in accordance with the provisions of the civil code4, are not part of the land register.2 the federal council determines which official geodata under federal legislation are entered in the cadastre of public-law restrictions.3 the cantons may define additional official geodata of proprietary nature that must be recorded in the cadastre of public-law restrictions.4 the cadastre of public-law restrictions shall be made available in electronic form either online or by any other method. 5 the federal council shall determine the minimum requirements with regard to the organisation, management, data harmonisation, methods and processes for the cadastre of public-law restrictions. 4 sr 210art. 17 validity the content of the cadastre of public-law restrictions is considered to be publicly known.art. 18 liability liability for the management of the cadastre of public-law restrictions is governed by article 955 of the civil code5.5 sr 210section 5 commercial activities of the confederation art. 19 1 the federal council may authorise authorities of the federal administration to offer on a commercial basis geodata and other services in the field of geoinformation in order to comply with specific requests from clients. 2 the commercial services offered must be closely related to the tasks of the authorised authority and must not compromise its work.3 the authorised authority shall offer the commercial services on a private law basis. it shall determine the price according to market conditions and make its fees known. the total fees charged for commercial services must at least cover their own costs and must not be subsidised by income from other basic functions of the authority.section 6 obligation to support and tolerate art. 20 assistance during data collection and updating 1 those persons who have an interest in the property concerned have a duty to assist public officers and third parties working on behalf of the confederation and cantons in their work of collecting and updating official geodata. in particular, they must allow these public officers: a.access to private land parcels;b.within a reasonable time and subject to advance notice, access to buildings;c.to bring technical equipment onto the land parcels or into the buildings for the duration of the geodata collection and revision; andd.within a reasonable time and subject to advance notice, to inspect private and official data and documents. 2 the public officers and authorized persons may if necessary call on local authorities for assistance in administrative matters and their implementation. 3 anyone who unlawfully obstructs the collection and updating of official geodata shall bear the additional costs caused by his or her actions.art. 21 protection of boundary and survey marks 1 persons with an interest in the property concerned are obliged to tolerate the temporary or permanent placement of boundary and survey marks on land parcels and buildings, without compensation. 2 boundary and survey marks may be noted in the land register. 3 whoever unlawfully moves, removes or damages boundary and survey marks is liable for the cost of their replacement as well as any consequential losses or damage. chapter 3 national survey art. 22 task 1 the national survey shall make the geospatial reference data of the confederation available for civil and military purposes.2 this task includes in particular:a.the definition of the geodetic reference system and the establishment, updating and management of the reference framework;b.the monumentation and survey of national borders;c.the collection, updating and management of topographical information for national landscape models;d.the preparation of the national map series.3 the federal council shall regulate the responsibilities, organization, procedure and methods.art. 23 spatial coverage 1 the national survey shall cover the whole area of the swiss confederation.2 as far as is necessary, geospatial reference data of areas outside switzerland that are close to its borders shall also be collected.art. 24 definition of the national borders 1 the federal council may independently conclude treaties under international law with foreign countries concerning national borders, provided these border matters are minor corrections or relate to other minor changes of territory.2 it shall issue regulations on the procedure, and in particular on the participation of the cantons and communes concerned. art. 25 national map series 1 the national map series is part of the geospatial reference data of the confederation.2 the federal council shall regulate the production, publishing and the civilian and military uses of the national map series.3 the copyright resulting from the production, processing and updating of the national map series is owned by the confederation.art. 26 national atlases, thematic maps of national interest the federal council may designate as a federal task the production of national atlases and similar thematic cartography.chapter 4 swiss geological survey art. 27 task 1 the swiss geological survey shall provide geological data and information for the use of the federal administration and interested third parties.2 this task includes in particular:a.the swiss geological survey work;b.the provision of geological data of national interest;c.advice and support to the federal administration in geological matters;d.the archival storage of geological data;e.the coordination of geological activities at federal level.3 the federal council shall regulate the responsibilities, organisation, procedure and methods.art. 28 spatial coverage 1 the swiss geological survey covers the whole territory of the swiss confederation.2 as far as is necessary, geological data of areas outside switzerland that are close to its borders shall also be collected.chapter 5 cadastral surveying art. 29 task 1 cadastral surveying shall guarantee that geospatial reference data of proprietary and descriptive nature about land parcels is available.2 this task includes in particular:a.the densification of the geodetic reference framework;b.the marking and surveying of the cantonal, district and communal boundaries;c.the marking and surveying of land parcel boundaries;d.the collection, updating and management of topographic information related to land parcels;e.the preparation of the cadastral map for the land register.3 the federal council regulates the main features of cadastral surveying and in particular:a.the marking and surveying of the boundaries of the land parcels;b.the minimum requirements to which the cantonal authorities are subject;c.the overall management and supervision carried out by the confederation;d.the topical and technical limits with regard to other official geodata.art. 30 spatial coverage cadastral surveying shall cover the whole area of the swiss confederation.art. 31 planning and implementation 1 the federal council shall define the medium- and long-term planning for cadastral surveying.2 the implementation shall take place on the basis of programme agreements made over several years between the federal directorate of cadastral surveying and the responsible cantonal authorities.3 the federal council may issue regulations concerning the content of and the procedure for concluding programme agreements.art. 32 approval 1 cadastral surveying must be approved by the responsible cantonal authorities.2 the federal council shall issue regulations concerning the main features of the processes and in particular concerning:a.the data and maps that are subject to approval;b.the requirements for approval;c.the co-operation of the federal authorities;d.the official public review process;e.the procedural rights of those who have an interest in the property. art. 33 authenticated extracts 1 any person may request an authenticated extract of cadastral surveying from offices authorised by the canton.2 a fee may be payable for the issue of an authenticated extract.3 the federal council shall issue regulations on the main features of the procedure, in particular concerning:a.the content and structure of the authenticated extract;b.the issue of authenticated extracts in electronic form;c.the basic rules for the determination of the fees. chapter 6 organisation section 1 responsibility and cooperation art. 34 division of tasks between confederation and cantons 1 the confederation is responsible for:a.the national survey;b.the swiss geological survey;c.the strategic direction and overall supervision of cadastral surveying;d.the overall supervision of cadastral surveying;e.the strategic orientation of the cadastre of public-law restrictions;f.the overall supervision of the cadastre of public-law restrictions;g.the coordination and harmonisation of federal legislation relating to official geodata and of geodata services that are in the national interest.2 the cantons are responsible for:a.carrying out cadastral surveying;b.the maintenance of the cadastre of public-law restrictions.3 if a canton fails to perform its tasks on time or if the work is of inadequate quality, the federal council may, after issuing a warning and holding a hearing, order that the work be done by a substitute organisation.art. 35 participation of the cantons and consultation of partner organisations when preparing federal legislation within the scope of this act affecting the jurisdiction and interests of the cantons, communes and partner organisations, the confederation shall ensure in an appropriate manner the participation of the cantons and the consultation of the partner organisations.art. 36 international cooperation 1 the confederation shall in cooperation with other states promote the coordination, harmonisation and standardisation of work related to geoinformation.2 it is responsible for the cooperation with other states in the field of official geodata under federal legislation.3 the cantons may, where this lies within their competence, cooperate directly with the regional and local authorities in areas outside switzerland close to its borders; in particular they may exchange geodata and coordinate the collection, updating and management of geodata.section 2 financing art. 37 tasks within the responsibility of the confederation the financing of the work in article 34, paragraph 1 shall be provided by the confederation.art. 38 cadastral surveying 1 cadastral surveying shall be jointly financed by the confederation and the cantons. the federal assembly shall regulate the details in an ordinance. this ordinance shall form the basis for the global payments made by the confederation in accordance with the programme agreements.2 the costs of updating cadastral surveying shall be borne by the natural person or legal entity that has caused the update, provided that this person or entity can be identified.3 the cantons shall bear the costs that are not covered by global payments made by the confederation or by fees. the cantons may determine who must contribute to these remaining costs.4 the confederation shall finance the work carried out by a substitute organisation (article 34, paragraph 3). it shall reclaim the costs that remain after deduction of the agreed global payments from the defaulting canton.art. 39 cadastre of public-law restrictions on landownership 1 the cadastre of public-law restrictions on landownership shall be jointly financed by the confederation and the cantons. the confederation shall make global payments to the cantons on the basis of multi-annual programme agreements between the federal department of defence, civil protection and sport and the cantons.2 the costs of the registration of a public-law restriction and the updating of the cadastre of public-law restrictions shall be borne by the authority that decides the matter.3 the confederation shall finance the work by a substitute organisation (article 34, paragraph 3). it shall reclaim the costs that remain after deduction of the agreed global payments from the defaulting canton.section 3 education and research art. 40 advancement of education 1 the confederation and the cantons shall encourage education in the field of geoinformation.2 they shall ensure that the education curriculum and final qualifications at all levels correspond to the latest state of science and technology.art. 41 licensed land surveyors 1 licensed land surveyors who have successfully completed the federal state examinations and who are registered in the register of licensed land surveyors are authorised to perform independent (self-employed) work within cadastral surveying.2 an administrative body of the confederation comprising representatives from the confederation, the cantons and the professional associations shall:a.conduct the state examinations;b.maintain the register and issue or refuse the licence to practise;c.exercise disciplinary supervision over those persons entered in the register.3 the federal council shall issue detailed regulations concerning:a.the education required to obtain the licence to practise;b.the professional and individual conditions necessary for registration;c.the management of the register and the issuing of licences to practise;d.the composition, appointment and organisation of the administrative body;e.the responsibilities of the administrative body and the management;f.deletion from the register and other disciplinary measures;g.the professional duties of the persons entered in the register;h.the financing of the state examinations, the maintenance of the register and other activities of the administrative body.art. 42 advancement of research the confederation and the cantons shall encourage research in the field of geoinformation.chapter 7 final provisions art. 43 evaluation 1 the federal council shall review the necessity, usefulness, efficiency and cost effectiveness of the cadastre of public-law restrictions on landownership within six years of its introduction.2 it shall report to the federal assembly and propose any modifications that may be required.art. 44 repeal and amendment of current legislation the repeal and amendment of existing legislation is regulated in the annex.art. 45 coordination with the nfe if the federal act of 6 october 20066 on the creation and amendment of legislation on the new system of financial equalisation and division of tasks between the confederation and the cantons (nfe) at the same time or after this act, number ii/i of (art. 39 final title civil code7) shall cease to apply.6 as 2007 5779. the nfe bill came into force on 1 january 2008.7 sr 210art. 46 transitional provisions 1 for twelve years from the date on which this act comes into force, the federal council may declare deviations from the fees defined in article 15 paragraph 3.2 it determines the time schedule for the introduction of the cadastre of public-law restrictions on landownership.3 anyone who on the date on which this act comes into force is permitted under federal law to carry out independent (self employed) work within cadastral surveying shall retain the right to do so. the federal council shall issue regulations for the transitional period until such time as the survey engineers are registered in the register of licensed land surveyors.4 the cantons shall adapt their legislation on geoinformation within three years of the date on which this act comes into force. during a transitional period determined by the federal council, the cantons must adapt the official geodata under federal legislation to the quality and technical requirements within the meaning of articles 5 and 6 only if:a.this is a mandatory requirement of international law or federal law;b.the legal basis for data concerned is created on or after the coming into force of this act;c.they are collecting the data from scratch;d.they are making data management subject to new technical or organisational principles (database, hardware, software) that eliminate the obstacles to making the adaptation.art. 47 referendum and commencement 1 this act is subject to an optional referendum.2 articles 16-18, 34 paragraph 1 letters e and f and article 39 shall be implemented by the federal council on the commencement of the ordinance on public-law restrictions on landownership8. the federal council shall determine the commencement date for the remaining provisions. commencement date: 1 july 20089articles 16-18, 34 paragraph 1 letters e and f and 39: 1 october 2009108 sr 510.622.49 federal council decree dated 21 may 2008 (as 2008 2807)10 ordinance of 2 sept. 2009 (as 2009 4721).annex (art. 44)repeal and revision of existing legislation ithe federal act of 21 june 193511 on the creation of the national map series is repealed.iithe civil code12 is revised as follows:.1311 [bs 5 665; as 1977 2249 sec. i 131]12 sr 210.13 the amendments may be consulted under as 2008 2793.

514.511english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon war materiel(war materiel ordinance, wmo)of 25 february 1998 (status as of 1 january 2022)the swiss federal council,based on the war materiel act of 13 december 19961 (wma), article 150a paragraph 2 letter c of the armed forces act of 3 february 19952and article 43 of the government and administration organisation act of 21 march 19973,4ordains:1 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312)2 sr 510.103 sr 172.0104 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312)section 1 general provisions art. 1 scope of application 1 this ordinance regulates initial licences and specific licences for the trade, brokerage, import, export and transit of war materiel as well as the conclusion of contracts for the transfer of intellectual property including know-how and the granting of rights thereto.52 the ordinance applies to swiss customs territory, swiss public customs warehouses, warehouses for bulk goods, bonded warehouses and swiss customs-free zones.65 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312)6 amended by annex 4 no 10 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (sr 631.01)art. 2 war materiel (art. 5 wma) the goods listed in annex 1 constitute war materiel.section 2 initial licences art. 3 application (art. 9 wma)the application for an initial licence must include:a. a list of the war materiel in respect of which a licence is being soughtb.7 .c. an extract certificate from the commercial register;d. an extract certificate from the tax register;e. an extract certificate from the debt collection register;f. in the case of natural persons, confirmation of place of residence.7 repealed by no i of the ordinance of 21 nov. 2001(as 2002 312)art. 4 withdrawal and revocation (art. 11 wma) 1 an initial licence to manufacture war materiel shall be withdrawn if it has not been used for five years.2 an initial licence for the trade or brokerage of war materiel shall be withdrawn if it has not been used for three years.3 if an initial licence is withdrawn, revoked or has lapsed for any other reason, the war materiel that is still in the possession of the licence holder shall be sold or recycled under the supervision of the licensing authority.8 8 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312)section 3 specific licences art. 5 licensing criteria for export trade (art. 22 wma) 1 in the granting of a licence for export trade and for contracts under article 20 wma, the following is taken into account:a. the maintenance of peace, international security and regional stability;b. the situation in the country of destination, in particular with regard to respect for human rights and the non-use of child soldiers;9c.10 the efforts made by switzerland in the area of development cooperation, and in particular the possibility that the country of destination is listed as one of the least developed countries on the current oecd-dac list of countries in receipt of development aid11;d. the conduct of the country of destination towards the international community, in particular with regard to compliance with international law;e. the attitude of the countries which are participating with switzerland in international export control regimes.2 licences shall not be granted for export trade and for contracts under article 20 wma if:a. the country of destination is involved in an internal or international armed conflict;b. the country of destination violates human rights in a systematic and serious manner; c.12 .d.13 in the country of destination there is a high risk that the exported war materiel will be used against the civilian population; ore.14 in the country of destination there is a high risk that the exported war materiel will be passed on to an undesirable end recipient.153 in derogation from paragraphs 1 and 2, a licence may be granted for individual weapons in category wm 1 of annex 1 with the ammunition pertaining thereto, provided the weapons are used exclusively for private or sporting purposes.164 in derogation from paragraph 2 letter b, a licence may be granted if there is a low risk that the exported war materiel will be used to commit serious violations of human rights.179 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).10 amended by no i of the ordinance of 19 sept. 2014, in force since 1 nov. 2014 (as 2014 3045).11 the oecd-dac list may be obtained at the following internet address: www.oecd.org12 repealed by no i of the ordinance of 19 sept. 2014, with effect from 1 nov. 2014 (as 2014 3045).13 amended by no i of the ordinance of 19 sept. 2014, in force since 1 nov. 2014 (as 2014 3045).14 amended by no i of the ordinance of 19 sept. 2014, in force since 1 nov. 2014 (as 2014 3045).15 inserted by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).16 inserted by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).17 inserted by no i of the ordinance of 19 sept. 2014, in force since 1 nov. 2014 (as 2014 3045).art. 5a18 non-re-export declarations (art. 18 wma)1 for a licence to be granted for the export of finished products or for individual parts or assembly packages to a foreign government or an undertaking acting on behalf of a foreign government, a non-re-export declaration from the government of the country of destination is required. the requirement for a non-re-export declaration is waived if the case involves individual parts or assembly packages of negligible value.2 by issuing the non-re-export declaration, the country of destination undertakes not to export, sell, lend, or gift the war materiel authority or to transfer it in any other way to third parties abroad without the consent of the licensing authority.3 if there is an increased risk in the country of destination that the war materiel to be exported will be passed on to an undesirable end recipient, the licensing authority may stipulate that it has the right to verify compliance with the non-re-export declaration on site. in the case of export of substantial volume, a non-re-export declaration in the form of a diplomatic note from the country of destination is required.4 if there is evidence that the non-re-export declaration has been violated, the licensing authority may take precautionary measures. the federal department of economic affairs decides whether a licence should be revoked.18 inserted by no i of the ordinance of 10 oct. 2012, in force since 1 nov. 2012 (as 2012 5533).art. 5b19 exports to non-governmental bodies (art. 18 wma)any person who wishes to export war materiel to a body that is neither a foreign government nor an undertaking acting on behalf of a foreign government must demonstrate when filing the export licence application that the required authorisation for import has been issued by the country of final destination or that no such authorisation is required. 19 originally art. 5a. inserted by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).art. 5c20 licence for the transit of civilian aircraft with war materiel on board (art. 17 para. 3 and 22 wma)1 the transit of war materiel on board civilian aircraft shall be licensed provided that it is not contrary to international law, international obligations or the principles of swiss foreign policy.2 when deciding on the licence, the responsible authority shall also take account of the criteria set out in article 5.20 inserted by no i of the ordinance of 19 aug. 2015, in force since 1 oct. 2015 (as 2015 2943).art. 621 licence to broker and trade (art. 15 and 16 or 16a and 16b wma)1 any person who manufactures war materiel in switzerland in his own production plant may broker or trade abroad without a specific licence only if an initial licence for the brokerage or the trade of products analogous to those manufactured in the production plant has been granted.2 no specific licence is required for the brokerage of or the trade in war materiel involving states listed in annex 2; however, dealers and professional brokers require an initial licence.3 paragraphs 1 and 2 apply by analogy to the cases in articles 15 paragraph 3 or 16a paragraph 3 wma; where, however, specific licences are required, evidence must be provided on filing the licence application that a licence to trade arms has been obtained.21 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).art. 6a22 exemption from import or transit licence (art. 17 wma)1 air passengers, including sky marshals, who stop over in switzerland do not require a transit licence for firearms, their components and accessories, and their ammunition and munitions components that they are carrying for personal use in their baggage or in baggage that is sent in advance or forwarded provided such goods do not leave the transit area of the airport.23 2 no transit licence is required by persons wishing to carry firearms, their components and accessories, and their ammunition and munitions components with an accompanying document from a state that is bound by any one of the schengen association agreements (a schengen state) via switzerland to another schengen state.3 no transit licence is required by persons wishing to export for non-commercial purposes firearms, their components and accessories, and their ammunition and munitions components to another schengen state.4 the schengen association agreements are listed in annex 3.22 inserted by no i of the ordinance of 21. nov. 2001 (as 2002 312). amended by annex 4 no ii 2 of the weapons ordinance of 2 july 2008, in force since 12 dec. 2008 (sr 514.541).23 amended by no iii 1 of the o of 17 sept. 2021, in force since 1 nov. 2021 (as 2021 595).art. 7 licence for the transfer of intellectual property or the granting of rights thereto (art. 20 and 21 wma) no specific licence is required in order to enter into contracts relating to the transfer of intellectual property, including know-how, related to war materiel, or the granting of rights thereto provided such property or rights are intended for states that are listed in annex 2.art. 8 diplomatic or consular missions and international organisations deliveries to and from diplomatic or consular missions as well as to and from international organisations in switzerland and in the principality of liechtenstein are deemed to be imports and exports respectively. art. 924 relief for temporary export and transit 1 no licence is required by persons in the following categories for the temporary export and transit of firearms with the ammunition pertaining thereto:a. persons travelling through switzerland provided the weapons are recorded in the european firearms pass;b. marksmen and hunters provided they furnish credible evidence that they are participating abroad in a shooting competition, in shooting or other training or in a hunt and that they will thereafter re-import the weapons in question;c. security agents employed by foreign states travelling through switzerland for official pre-arranged foreign visits;d. security agents employed by the swiss authorities for official, pre-arranged foreign visits, provided the weapons are subsequently re-imported;e. members of foreign police forces or customs authorities for professional or training-related transit journeys;f. members of swiss police forces and employees of the federal office for customs and border security (focbs)25 for professional or training-related journeys abroad, provided the weapons are subsequently re-imported;g. security guards for airlines accompanying passenger flights to foreign destinations;h. security guards for airlines accompanying passenger flights from abroad to destinations in switzerland or stopping over in switzerland, provided the weapons do not leave the transit area of the airport.2 the import and re-export of firearms with the ammunition pertaining thereto by persons in the categories mentioned in paragraph 1 are governed by the legislation on weapons.24 amended by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).25 the name of this administrative unit was changed on 1 jan. 2022 in application of art. 20 para. 2 of the publications ordinance of 7 oct. 2015 (sr 170.512.1) (as 2021 589). this change has been made throughout the text.art. 9a26 26 inserted by art. 50 no 3 of the weapons ordinance of 21 sept. 1998, in its version of 16 march 2001 [as 2001 1009]. repealed by no i of the ordinance of 27 aug. 2008, with effect from 12 dec. 2008 (as 2008 5495).art. 9b27 simplified procedure for security agents involved in the transport of valuables and persons 1 security agents involved in the transport of valuables or of persons who export and re-import or carry in transit firearms28 together with the ammunition pertaining thereto as part of their duties require only one licence for each weapon and its ammunition. this licence is valid for one year and entitles the holder to cross the border as often as required. 2 the import and re-export of firearms together with the ammunition pertaining thereto as part of their duties is governed by the legislation on weapons.27 inserted by art. 50 no 3 of the weapons ordinance of 21. sept. 1998, in its version of 16 march 2001 (sr 514.541). amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).28 term in accordance with annex 4 no ii 2 of the weapons ordinance of 2 july 2008, in force since 12 dec. 2008 (sr 514.541). this amendment has been made throughout the text.art. 9c29 simplified procedure for repairs, exhibitions, performances or valuations 1 for war materiel that is temporarily exported for repair, for an exhibition, to be used in a performance or for valuation the export licence is also valid for its re-import. 2 for war materiel that is temporarily imported for an exhibition, performance or for valuation, paragraph 1 applies by analogy.3 war materiel that is also covered by the weapons act of 20 june 199730 remains subject to the provisions of the legislation on weapons.29 inserted by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).30 sr 514.54art. 9d31 exemption for training and the international deployment of military units 1 swiss military units and their members do not require a licence for the export or re-import of war materiel that they take abroad for the purposes of international missions or training.2 foreign military units and their members that enter switzerland for training purposes do not require a licence for the import or re-export of the war materiel that they bring with them for this purpose. 3 foreign military units and their members do not require a transit licence for war materiel that they carry through switzerland en route to training events in third countries or as part of international missions, provided swiss military units or their members also take part in these training events or international missions. 4 war materiel that is also covered by the weapons act of 20 june 199732 remains subject to the provisions of the legislation on weapons.31 inserted by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).32 sr 514.54art. 9e33 simplified procedure for import and transit 1 manufacturers who hold an initial licence may apply for a general import licence (gil) for the import of individual parts, assembly packages or anonymous components of war materiel in terms of article 18 paragraph 2 wma, provided the parts concerned do not fall within the scope of application of the weapons act of 20 june 199734. an individual licence is required in every case for the temporary import of such war materiel with the ata carnet or in the procedure for temporary use.352 holders of initial licences and transport and haulage undertakings with a domicile or permanent establishment in switzerland may apply for a general transit licence (gtl) for the transit of war materiel to countries of final destination that are listed in annex 2.363 the licensing authority may at any time demand from the licensee information on the nature, quantity, customs clearance data and end use of goods that are or have been imported or transported in transit in terms of a gil or gtl; the obligation to provide information expires ten years after customs clearance.374 the licensing authority shall refuse a gil or a gtl if the natural person or legal entity or its management bodies in the two years prior to filing an application have been convicted with full legal effect of an offence under the wma, the goods control act of 13 december 199638 or the weapons act of 20 june 1997. it shall refuse a gil if there are grounds for refusal under article 24 wma.5 the gil or the gtl shall in such cases be refused for a period of one year; where there is justification, this period may be reduced to six months. 33 inserted by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).34 sr 514.5435 amended by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).36 amended by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).37 amended by annex 4 no 10 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (sr 631.01).38 sr 946.202section 4 import certificates art. 10 import certificate 1 on written application from the importer, the state secretariat for economic affairs (seco)39 shall issue, in addition to the import licence, an official import certificate for the import of war materiel, provided:40a. this is expressly requested by the country supplying the war materiel; andb.41 the applicant is domiciled or resident in switzerland or in liechtenstein.2 it may make the issuing of import certificates subject to the provision of proof regarding the intended import (copies of orders, etc.) and the end use of the war materiel.3 it shall monitor the import of goods in respect of which it has issued such certificates.39 title in accordance with art. 21 no 4 of the ordinance of 17 nov. 1999, in force since 1 july 1999 (as 2000 187). this amendment has been taken into account throughout this ordinance.40 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).41 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).art. 11 requirements 1 the importer must import the war materiel for which an import certificate has been issued within six months of the issue of the import certificate. this period may be extended in response to a justified written request.2 he must prove to seco that the import has taken place by providing the original customs documents and the relevant invoices from the supplier. proof must be provided without delay following receipt of the original customs documents. temporary use procedures under an ata carnet do not constitute customs clearance.4242 amended by annex 4 no 10 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (sr 631.01).art. 12 unused or partially used import certificates 1 if war materiel in respect of which an import certificate has been issued is not imported into switzerland, the import certificate must be returned to seco.2 if the import certificate cannot be retrieved from the foreign authority or if only part of the authorised war materiel has been imported, then the importer must notify seco of this in writing before the expiry of the period allowed for the import of the materiel.section 5 licensing procedure art. 12a43 licensing requirements1 licences shall only be granted to natural persons or legal entities who are resident or which have their seat or permanent establishment on swiss customs territory or in a swiss customs enclave. seco may make exceptions in justified cases.2 for a licence to be granted to a legal entity, proof of reliable internal control of compliance with the provisions of the war materiel legislation must be provided.art. 13 licensing authority 1 the licensing authority is seco, subject to the reservation of paragraph 3.442 . 45 2bis .46 3 the responsibility for the transit of military and other state aircraft is governed by the ordinance of 23 march 200547 on the protection of airspace sovereignty.4844 amended by no i of the ordinance on war materiel of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).45 repealed by no i of the ordinance on war materiel of 21 nov. 2001 (as 2002 312).46 inserted by art. 50 no 3 of the weapons ordinance of 21 sept. 1998, in its version of 16 march 2001 (sr 514.541). repealed by no i of the ordinance of 21 nov. 2001 (as 2001 312).47 sr 748.111.148 amended by no i of the ordinance of 19 aug. 2015, in force since 1 oct. 2015 (as 2015 2943).art. 14 procedure (art. 29 wma) 1 seco shall decide on applications for the granting of an initial licence after consulting the federal intelligence service (fis).492 in the case of the licensing of foreign transactions under article 22 wma and of entering into contract in terms of article 20 wma, seco shall decide in consultation with the responsible offices of the federal department of foreign affairs (dfa). the decision of seco shall also be taken in consultation with:50a. the responsible offices of the federal department of defence, civil protection and sport51 in the case of security or procurement policy matters;b. the federal office for energy in the case of nuclear related matters.c.52 the federal office of civil aviation and the responsible offices of the federal department of defence, civil protection and sport in the case of transit with civilian aircraft.2bis seco shall consult the fis in the case of significant licensing proceedings.533 the offices involved shall decide which applications are of major significance to foreign policy or security policy in accordance with article 29 paragraph 2 wma and must therefore be submitted to the federal council for decision.54 4 if the offices involved are unable to agree on the treatment of a request in terms of paragraphs 2 or 3, the application shall be submitted to the federal council for decision.5 the offices involved may in cases of minor significance or where there are precedents for the decision waive the requirement of a joint decision and authorise seco to take a decision alone.49 amended by annex 4 no ii 20 of the ordinance of 4 dec. 2009 on the federal intelligence service, in force since 1 jan. 2010 (sr 121.1).50 amended by no i of the ordinance of 19 aug. 2015, in force since 1 oct. 2015 (as 2015 2943).51 title in accordance with unpublished federal council decree dated 19 dec. 1997.52 inserted by no i of the ordinance of 19 aug. 2015, in force since 1 oct. 2015 (as 2015 2943).53 inserted by no i of the ordinance of 27 aug. 2008 (as 2008 5495). amended by annex 4 no ii 20 of the ordinance of 4 dec. 2009 on the federal intelligence service, in force since 1 jan. 2010 (sr 121.1).54 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).art. 1555 prohibition of assignment and term of validity 1 initial, general and specific licences may not be assigned.2 import, export and transit licences are valid for one year and may be extended by a maximum of six months.3 general import licences and general transit licences are valid for two years. if they have been issued on the basis of an initial licence, they cease to be valid on the expiry of the initial licence.55 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).art. 1656 customs clearance 1 customs clearance for import, export and transit is governed by the provisions of the customs legislation.2 any person or entity that imports or exports goods with a licence, or carries such goods in transit, must indicate the type of licence, issuing office and licence number in the customs declaration.5756 amended by annex 4 no 10 of the customs ordinance of 1 nov. 2006, in force since 1 may 2007 (sr 631.01)57 inserted by no iii 1 of the o of 17 sept. 2021, in force since 1 nov. 2021 (as 2021 595).43 inserted by no iii 1 of the o of 17 sept. 2021, in force since 1 nov. 2021 (as 2021 595).section 6 controls and administrative measures art. 17 obligation to maintain records 1 records must be maintained on the manufacture, purchase, sale, or brokerage of or any other form of trade in war materiel, as well as contracts entered into in terms of article 20 wma. the records must at all times disclose:a. the entries, exits and stocks of war materiel;b. the names and addresses of suppliers, purchasers and contractual parties;c. the data and subject matter of commercial transactions.2 the following documents must be available for inspection for a period of ten years in order to substantiate records:a. invoices from suppliers;b. copies of invoices addressed to purchasers and contractual parties; where payment is made in cash, receipts for the goods signed by the purchasers;c. contracts relating to transactions relating to intellectual property including know-how pertaining to war materiel.d.58 transport documents with details of the transit states.58 inserted by schedule 2 no 2 of the ordinance of 21 nov. 2012, in force since 1 jan. 2013 (as 2012 6781).art. 18 duty of diligence a person required to maintain records must, prior to handing over materiel or transferring intellectual property including know-how, ascertain by means of official identity documents the personal details and address of the purchaser or contractual party, if these are not already known to him.art. 19 controls 1 seco carries out the controls.2 controls at the border are the responsibility of the focbs.5959 amended by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).art. 2060 examination by the central office for the combating the illegal trade in war materiel the central office for combating the illegal trade in war materiel must in particular examine whether supplies of war materiel have arrived at the planned and approved destinations.60 amended by annex no 19 of the ordinance of 12 dec. 2008, in force since 1 jan. 2009 (as 2008 6305).art. 2161 administrative measures 1 general import and general transit licences may be revoked if exceptional circumstances so require. they shall be revoked if, following their granting, circumstances have changed to the extent that the requirements for refusal under article 9e paragraph 4 are fulfilled.2 if anyone fails to comply with the conditions or requirements attached to licences and import certificates, or regulations and orders the based on the legislation on war materiel, the licensing authority may revoke the licence that has been granted to him, or may refuse to extend or renew the licence, or to granted further licences or import certificates for a certain period of time.61 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).section 7: fees art. 22 fees (art. 31 wma)1 the licence fees are as follows:a. for first issue of an initial licence, 500 francs;b. for the subsequent amendment, modification or reissue of an initial licence, 250 francs;c. for import and export licences: 0.8 per cent of the value of the goods, but with the minimum fee being 50 francs and the maximum 5000 francs;d.62 for brokerage, trading, general import and general transit licences as well as licences for contracts under article 20 wma: 200 francs;e.63 .f.64 for specific transit licences: 100 francs.2 the fees in terms of paragraph 1 letters a, b, d and f may, if exceptional costs are incurred in the granting of a licence, be increased by a maximum of one half of the stipulated fee.653 if import or export licences are not or are only partially used, or if the licensed goods are returned, application may be made for the excess fee to be refunded, under deduction of the administrative costs. the application must be made at the latest three years following issue of the licence.4 no fees are charged for import and export licences for war materiel that is intended for the swiss armed forces, the focbs, for swiss and liechtenstein police forces or for international organisations or their offices in switzerland.665 no fees are charged for transit licences for:a. 67 firearms, and the ammunition pertaining thereto that are carried in transit by marksmen or hunters, provided they produce credible evidence that they are to be used for participating in a third country in a shooting competition, in shooting or other training or in a hunt; b. war materiel that must be carried in transit through switzerland in the course of police-type or judicial investigation proceedings in third countries; c.68 .696 no fees are charged for:a. the rejection of licensing applications, or the suspension and recall of licences;b. the extension of licences;c. controls as under article 19;d. services, in particular responding to enquiries, company visits and information events.707 in addition, the provisions of the general fees ordinance of 8 september 200471 apply.7262 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).63 repealed by no i of the ordinance of 21 nov. 2001 (as 2002 312).64 inserted by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).65 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).66 amended by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).67 amended by no i of the ordinance of 27 aug. 2008, in force since 12 dec. 2008 (as 2008 5495).68 repealed by no i of the ordinance of 27 aug. 2008, with effect from 12 dec. 2008 (as 2008 5495).69 inserted by no i of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).70 inserted by no i of the ordinance of 16 june 2006, in force since 1 aug. 2006 (as 2006 2671).71 sr 172.041.172 inserted by no i of the ordinance of 16 june 2006, in force since 1 aug. 2006 (as 2006 2671).section 8 final provisions art. 23 implementation 1 seco shall implement this ordinance.2 information on the legislation on war materiel may be obtained from seco.art. 24 repeal of current legislation the ordinance of 10 january 197373 on war materiel is repealed.73 [as 1973 116, 1978 199, 1980 536 art. 91, 1987 791, 1992 2497, 1996 1035 no ii, 1997 17 art. 38 no 2]art. 24a74 transitional provision to the amendment of 19 september 2014 applications that are pending when the amendments of 19 september 2014 come into force are dealt with under the new law.74 inserted by no i of the ordinance of 19 sept. 2014, in force since 1 nov. 2014 (as 2014 3045).art. 25 1 and 2 . 753 .76 75 repealed by no i of the ordinance of 21 nov. 2001 (as 2002 312)76 inserted by no i of the ordinance on war materiel of nov. 2001, in force since 1 march 2002 (as 2002 312). repealed by no iv 14 of the ordinance of 22 aug. 2007 on the formal revision of the federal act, with effect from 1 jan. 2008 (as 2007 4477)art. 26 commencement this ordinance comes into force on 1 april 1998.annex 177 77 revised in accordance with nos. i of the ordinance of 25 aug. 1999, in force since 1 oct. 1999 (as 1999 2454) and ii of the ordinance of 21 nov. 2001, in force since 1 march 2002 (as 2002 312).(art. 2)list of war materiel note:the goods listed as the annex to the war materiel ordinance originate from the "munitions list" (ml) in the wassenaar arrangement. the numbers allocated to the individual items correspond to those in the ml. any goods that are not listed below, but which are contained in the ml are deemed to be "special military goods" and are subject to the provisions of the goods control act of 13 december 1996 (sr 946.202).table of contents itemdescription of goodsml 1hand guns and small arms of any calibreml 2weapons of any calibre (but excluding hand guns and small arms controlled by ml 1)ml 3ammunition for the weapons controlled by ml 1, 2 or 12 ml 4bombs, torpedoes, rockets, and missilesml 5fire control equipmentml 6armoured vehicles and other ground vehiclesml 7tear gases and other irritantsml 8military explosives, combustible substances and fuelsml 9vessels of war ml 10manned and unmanned aircraft including aero-enginesml 11electronic equipmentml 12high velocity kinetic energy weapons systems ml 13special armoured or protective equipmentml 14(contains no war materiel; listed in order that numbering corresponds to ml)ml 15(contains no war materiel; listed in order that numbering corresponds to ml)ml 16forgings, castings and other unfinished productsml 17miscellaneous equipment (robots, etc.)ml 18(contains no war materiel; listed in order that numbering corresponds to ml)ml 19directed energy weapons systems (e.g. laser systems)ml 20cryogenic (low temperature) and superconductive equipmentml 21softwareml 22(contains no war materiel; listed in order that numbering corresponds to ml)ml 1hand guns and small arms of any calibre and accessories and specially designed components therefor, but not including:a. clearly recognisable hunting and sports weapons (e.g. as per issf standard) that cannot also be used as military weapons in the same form;b. single-shot firearms and muzzle-loading firearms;c. small arms and repeating rifles for rimfire ammunition;d. antique weapons for which usable ammunition is no longer produced or which are no longer available on the public market.note:ml 1.d. also controls the following weapons:1. muskets, rifles and carbines manufactured before 1890 , and their reproductions;2. revolvers, pistols and machine guns manufactured before 1890 , and their reproductions.ml 1.a. to ml 1.d. also control weapons specially designed to fire dummy ammunition, which cannot fire ammunition controlled by ml 3.ml 2weapons and armaments of any calibre (but not including handguns and small arms controlled by ml 1), projectors and accessories as follows, and specially designed components therefor:a. guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers and recoilless weapons;note:ml 2.a. includes injectors, metering devices, storage tanks and specially designed components for use with liquid propelling charges for any of the equipment controlled by ml 2.a.b. military smoke and gas projectors, military pyrotechnic projectors or generators.note:ml 2.b. does not control signal pistols.ml 3ammunition for weapons controlled by ml 1, ml 2 or ml 12 as well as specially designed components therefornotes:1. specially designed components include:a. metal or plastic components, e.g. primer anvils, bullet cups, cartridge links, rotating bands and other metal munitions parts;b. safing and arming devices, fuses, sensors and initiation devices;c. power supplies with high one-time operational output;d. combustible cases for propelling charges;e. submunitions including bomblets, minelets and terminally guided projectiles.2. ml 3 does not control ammunition without a projectile (blank star) and dummy ammunition with a pierced powder chamber.ml 4bombs, torpedoes, rockets, missiles and related equipment and accessories as follows, specially designed for military use, and specially designed components therefor:bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition charges and accessories, military pyrotechnics, flares and manoeuvre ammunition (i.e. equipment, simulating the characteristics of any of the items controlled by ml 4).note:ml 4 includes:1. smoke grenades, fire bombs, incendiary munitions and explosive devices;2. missiles rocket nozzles and nose-tips for re-entry vehicles.ml 5fire control equipment specially designed for military use, as follows, as well as specially designed components and accessories therefora. weapons sights, bombing computers, gun laying equipment and weapon control systems;b. target acquisition, designation, range-finding, surveillance or tracking systems; detection or data merger devices (data merger) and sensor integration equipment.ml 6armoured and other ground vehicles, and components therefor, specially designed or modified for military use technical note:the term "ground vehicles" in ml 6 also includes specially equipped trailers.remarks:1. ml 6 includes:a. armoured vehicles, with or without weapons, specifically designed or modified for military use (also includes armoured recovery vehicles)b. other vehicles of any type that are specifically designed or modified for using weapons (e.g. combat vehicles, armed or unarmed, equipped with mountings for arms or equipment for mine laying or for the launching of munitions controlled under ml 4);c. tracked vehicles that are specifically designed or modified for military use.2. the design or modification of the abovementioned ground vehicles for military use may entail a structural, electrical or mechanical modification, involving one or more specially designed components. such components include:a. pneumatic tyre casings designed to be bullet-proof or to run when deflated;b. tyre inflation pressure control systems that can be operated from within a moving vehicle;c. armoured protection of vital parts (e.g. fuel tanks or vehicle cabins);d. special reinforcements for the mounting of weapons.3. ml 6 does not control civilian automobiles or trucks designed or modified for transporting money or valuables that have armoured or ballistic protection.ml 7tear gases and other "riot control" agents:1. ca: bromobenzyl cyanide (cas-no. 5798-79-8);2. cs: o- chlorobenzylidenemalononitrile (cas-no. 2698-41-1);3. cn: -chloroacetophenone (cas-no. 532-27-4);4. cr: dibenz-b,f)1,4-oxazephine-b,f)1,4-oxazephine-(b,f)-1,4-oxazephine-(b,f)-1,4-oxazephine (cas-no. 257-07-8).introduction:1. the following are not controlled:a. ethyl bromoacetate;b. xylyl bromide;c. benzyl bromide;d. benzyl iodide;e. bromo acetone;f. cyanogen bromide;g. bromo methylethylketone;h. chloro acetone;i. ethyl iodoacetate;j. iodo acetone.2. individually packaged tear gases or other irritants for personal self-defence purposes are not controlled.ml 8military explosives and combustible agents, including fuels:a. explosives and fuels that fulfil the following performance parameters:1. explosives with a detonation velocity exceeding 8700 m/s or a detonation pressure exceeding 34 gpa (340 kbar);2. organic explosives yielding a detonation pressure of 25 gpa (250 kbar) or more that will remain stable at temperatures of 250c (523 k) or higher for periods of 5 min or longer;3. solid propellants in un class 1.1 with a theoretical specific impulse (under standard conditions) of more than 250 seconds for non-metalised, or more than 270 seconds for aluminised compositions;4. solid propellants in un class 1.3 with a theoretical specific impulse of more than 230 seconds for non-halogenised, 250 seconds for non-metalised, and 266 seconds for metalised compositions;5. propellent powder with a force constant exceeding 1200 kj/kg;6. explosives, fuels or pyrotechnics that can sustain a steady-state linear burning rate of more than 38 mm/s at 6.89 mpa (68,9 bar) pressure and 21c (294 k); or7. elastomer modified cast double base propellants (emcdb) with an extensibility at maximum stress of more than 5% at -40 c (233 k);b. military pyrotechnics;c. other substances as follows:1. aircraft fuels specially designed for military use;2. military materials containing thickeners for hydrocarbon fuels specially developed for use in flame throwers or incendiary munitions, such as metal stearates or palmates (octal) (cas-no. 637-12-7) and m1, m2, and m3 thickeners;3. liquid oxidisers comprised of or containing inhibited red fuming nitric acid (irfna) or oxygen difluoride.note:aircraft fuels that are controlled by ml 8.c.1. are finished products and not their constituents.ml 9vessels of war and accessories as follows as well as components therefor, specially designed for military use:a. combatant vessels or vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted for non-military use, and regardless of current state of repair or operating condition or whether or not they contain weapons delivery systems or armour, as well as hulls or parts of hulls for such vessels;b. engines as follows:1. diesel engines specially designed for submarines, with both of the following characteristics:a. power output of 1.12 mw (1500 ps) or more; andb. rotary speed of 700 rpm or more;2. electric motors specially designed for submarines, with all of the following characteristics:a. power output of more than 0.75 mw (1000 ps);b. quick reversing;c. liquid cooled; and d. totally enclosed;3. non-magnetic diesel engines with a power output of 37.3 kw (50 ps) or more and with a non-magnetic content of more than 75% of the total mass.ml 10aircraft, unmanned aircraft, aero-engines, aircraft equipment, related equipment and components, specially designed or modified for military use, as follows:a. combat aircraft and helicopters and specially designed components therefor;b. other aircraft, specially designed or modified for military use;c. aero-engines for aircraft under letters a and b above and specially designed components therefor;d. unmanned aircraft including remotely piloted air vehicles (rpvs) and autonomous, programmable vehicles, specially designed or modified for military use, as well as their launchers, ground support equipment and related equipment for command and control.notes:1. ml 10.b. does not control aircraft or variants of such aircraft that are specially designed for military use that:a. are not configured for military use and are not fitted with technical equipment or attachments that are specially designed or modified for military use; andb. have been certified for civil use by a civil aviation authority in a participating state.2. ml 10.c. does not control:a. aero-engines designed or modified for military use that have been certified by the civil aviation authority of a participating state for use in civil aircraft, as well as specially designed components therefor;b. reciprocating engines or specially designed components therefor.3. the control in ml 10.b. and ml 10.c. on specially designed components and related equipment for non-military aircraft or aero-engines modified for military use applies only to those military components and related military equipment required for the modification for military use.4. ml 10.d does not include reconnaissance drones.ml 11electronic equipment specially designed for military use not controlled elsewhere in this list, and specially designed components therefornote:ml 11 includes the following:a. equipment for electronic countermeasures (ecm) and electronic counter-countermeasure equipment (eccm), including electronic jamming and counter-jamming equipment, i.e. equipment designed to introduce extraneous signals or erroneous signals into radar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary receivers including their countermeasures equipment;b. equipment for underwater countermeasures including acoustic and magnetic jamming and decoy that introduce extraneous signals or erroneous signals into sonar receivers.ml 12high velocity kinetic energy weapon systems as follows, as well as specially designed components therefor:kinetic energy weapon systems specially designed for the destruction or defence against (mission abort) of a target.notes:1. ml 12 includes the following when specially designed for kinetic energy weapons systems:a. launch propulsion systems capable of accelerating masses larger than 1 g to velocities in excess of 1.6 km/s in single rapid fire modes;b. prime power, electric armour, energy storage, thermal management, conditioning, switching or fuel handling equipment, electrical interfaces between power supply, gun and other tower electric drive functions;c. target acquisition, tracking, fire control or damage assessment systems;d. homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.2. ml 12 controls systems using any of the following methods of propulsion:a. electromagnetic;b. electrothermal;c. plasma;d. light gas; ore. chemical (when used in combination with any of the above).3. ml 12 does not control the technology for magnetic induction in the permanent propulsion of civil transport systems.4. weapons that use sub-calibre ammunition or work solely by chemical propulsion, and ammunition therefor: see ml 1, ml 2, ml 3 and ml 4.ml 13special armoured or protective equipment and constructions and components, as follows:a. armoured plate as follows:1. manufactured to comply with military standard or specification; or2. suitable for military use;b. constructions of metallic and non-metallic materials or combinations thereof specially designed to provide ballistic protection for military systems.note:ml 13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters.ml 14(contains no war materiel; listed in order that numbering corresponds to ml)ml 15(contains no war materiel; listed in order that numbering corresponds to ml)ml 16forgings, castings and other unfinished products the use of which in a controlled product is identifiable by material composition, geometry or function, and which are specially designed for any products controlled by ml 1, ml 2, ml 3, ml 4, ml 6, ml 9, ml 10, ml 12 or ml 19.ml 17miscellaneous equipment, materials and libraries, as follows, and specially designed components therefor:a. robots, robot controllers and robot-end-effectors specially designed for military use;b. libraries (parametric technical databases) specially designed for military use with equipment controlled by this list;c. nuclear power generating equipment or propulsion equipment including nuclear reactors, specially designed for military use, and components therefore specially designed or modified for military use.technical notes:for the purpose of ml 17, the term "library" (parametric technical database) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems.ml 18(contains no war materiel; listed in order that numbering corresponds to ml)ml 19directed energy weapon systems as follows and specially designed components therefor:a. laser systems specially designed for the destruction or defence against (mission abort) of a target;b. particle beam systems capable of the destruction or defence against (mission abort) of a target;c. high power radio-frequency systems capable of the destruction or defence against (mission abort) of a target.notes:1. directed energy weapon systems controlled by ml 19 include systems whose capability is derived from the controlled application of: a. lasers with sufficient continuous wave or pulsed power to effect destruction comparable with that of conventional ammunition;b. particle accelerators that project a charged or neutral particle beam with destructive power;c. radio frequency beam transmitters with high pulsed power or high average power that produce fields sufficiently intense to disable electronic circuitry in a distant target.2. ml 19 includes the following when specially designed for directed energy weapon systems:a. prime power generation, energy storage, switching, energy conditioning and fuel-handling equipment;b. target acquisition and tracking systems;c. systems for assessing target damage, destruction or mission abort;d. beam-handling, propagation or pointing equipment;e. equipment with rapid beam slew capability for rapid multiple target operations;f. adaptive optics and phase conjugators;g. current injectors for negative hydrogen ion beams; h. space qualified accelerator components;i. negative ion beam funnelling equipment;j. equipment for controlling and slewing a high energy ion beam;k. space qualified foils for neutralising negative hydrogen isotope beams.ml 20cryogenic (low temperature) and superconductive equipment, as follows, and specially designed components and accessories therefor:a. equipment specially designed or configured for installation in a vehicle for military ground, marine, airborne or space applications as per this list capable while in motion of producing or maintaining temperatures below -170 c (103 k); note:ml 20.a. includes mobile systems incorporating or employing accessories and components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials. b. superconductive electrical equipment (rotating machinery and transformers), specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications as per this list, and capable of operating while in motion.note:ml 20.b. does not control direct-current hybrid, homopolar generators that have single-pole, normal metal armatures that rotate in a magnetic field produced by superconductive windings, provided those windings are the only superconductive component in the generator.ml 21software, as follows:software specially designed or modified for the use of products that are controlled by this list.ml 22(contains no war materiel; listed in order that numbering corresponds to ml)annex 278 78 revised in accordance with no i of the ordinance of 25 aug. 1999, in force since 1 oct. 1999 (as 1999 2454).(art. 6 and 7)list of countries where no specific licences are required in terms of articles 6 and 7 wmo argentinaaustraliabelgiumdenmarkgermanyfinlandfrancegreecegreat britainirelanditalyjapancanadaluxembourgnew zealandnetherlandsnorwayaustriapolandportugalswedenspainczech republichungaryusaannex 379 79 inserted by annex 4 no ii 2 of the weapons ordinance of 2 july 2008, in force since 12 dec. 2008 (sr 514.541).(art. 6a para. 4)schengen association agreements the schengen association agreements comprise:a. the agreement of 26 october 200480 between the swiss confederation, the european union and the european community on the association of that state with the implementation, application and development of the schengen acquis (saa);b. the agreement of 26 october 200481 in the form of an exchange of letters between the council of the european union and the swiss confederation on the committees that assist the european commission in the exercise of its executive powers;c. the agreement of 17 december 200482 between the swiss confederation, the republic of iceland and the kingdom of norway on the implementation, application and development of the schengen acquis and on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in switzerland, iceland or norway;d. the agreement of 28 april 200583 between the swiss confederation and the kingdom of denmark on the implementation, application and development of those parts of the schengen acquis that are based on the provisions of title iv of the treaty establishing the european community;e. the protocol of 28 february 200884 between the swiss confederation, the european union, the european community and the principality of liechtenstein on the accession of the principality of liechtenstein to the agreement between the swiss confederation, the european union and the european community on the association of the swiss confederation with the implementation, application and development of the schengen acquis.80 sr 0.362.3181 sr 0.362.182 sr 0.362.3283 sr 0.362.3384 sr 0.362.311

642.118.3 english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.fdf ordinanceon the deduction of special professional expenses by expatriates for the purposes of direct federal taxation1(expatriates ordinance, expato)of 3 october 2000 (status as of 1 january 2021) 1 amended by no i of the fdf o of 9 jan. 2015, in force since 1 jan. 2016 (as 2015 311).the federal department of finance (fdf),on the basis of article 26 of the federal act of 14 december 19902 on direct federal taxation (dfta)as well as article 1 letter a of the ordinance of 18 december 19913 on the delegation of powers on direct federal taxation to the department of finance,ordains:2 sr 642.113 sr 642.118art. 14 principle 1 management employees and specialists with specific professional qualifications that are posted temporarily to switzerland by their foreign employer (expatriates) may, for the purposes of direct federal taxation, deduct special professional expenses in addition to professional expenses in accordance with the professional expenses ordinance of 10 february 19935. these special professional expenses are deemed to be other professional expenses as defined in article 26 paragraph 1 letter c dfta.2 temporarily means a period limited to a maximum of five years' employment.3 the entitlement to deduct special professional expenses ceases in the event that temporary employment is replaced by permanent employment.4 amended by no i of the fdf o of 9 jan. 2015, in force since 1 jan. 2016 (as 2015 311).5 sr 642.118.1art. 2 special professional expenses 1 special professional expenses of expatriates resident abroad are:a.the necessary costs of travelling between their foreign place of residence and switzerland;b.reasonable living expenses in switzerland where they retain a dwelling abroad for permanent personal use.62 special professional expenses of expatriates resident in switzerland are:a.the necessary costs of moving to switzerland and back to their previous foreign country of residence, as well as the necessary travel costs incurred by the expatriate and his or her family at the start and at the end of the period of employment;b.reasonable living expenses in switzerland where they retain a dwelling abroad for permanent personal use;c.tuition fees at foreign language private schools for their minor children whose first language is a foreign language, where public schools do not offer tuition in the language concerned.73 the deduction of special professional expenses under paragraphs 1 and 2 is permitted if they are paid by the expatriate himself or herself and the employer:a.does not refund them;b.refunds them in the form of a flat-rate payment. this flat-rate payment must be added to the gross taxable salary.4 no deduction of special professional expenses under paragraphs 1 and 2 is permitted if they:a.are paid directly by the employer;b.are first paid by the expatriate and then refunded by the employer on submission of the receipt.5 any payment of special professional expenses by the employer must be indicated on the annual salary certificate.6 amended by no i of the fdf o of 9 jan. 2015, in force since 1 jan. 2016 (as 2015 311).7 amended by no i of the fdf o of 9 jan. 2015, in force since 1 jan. 2016 (as 2015 311).art. 3 non-deductible costs the following in particular are not deemed to be deductible professional expenses:a.the costs of the permanent dwelling abroad;b.expenditure for furnishing the dwelling and for service charges on dwellings in switzerland;c.additional expenditure due to the higher cost of living or the higher tax burden in switzerland;d.the costs of obtaining legal or tax advice.art. 48 claiming special professional expenses 1 where a person has the right to deduct living expenses under article 2 paragraph 1 letter b or paragraph 2 letter b, he or she may deduct a flat-rate amount of 1,500 francs per month instead of the actual expenses under article 2 paragraph 1 or paragraph 2 letters a and b.2 in the procedure for deducting tax at source, for the purpose of calculating the tax due the employer shall reduce the gross salary by the flat-rate deduction under paragraph 1. the expatriate may claim any actual costs that are higher by requesting a retrospective ordinary assessment (art. 89, 89a and 99a dfta).98 amended by no i of the fdf o of 9 jan. 2015, in force since 1 jan. 2016 (as 2015 311).9 second sentence amended by art. 26 of the taxation at source ordinance of 11 april 2018, in force since 1 jan. 2021 (as 2018 1829).art. 4a10 transitional provision to the amendment of 9 january 2015 persons who at the time that the amendment of 9 january 2015 comes into force qualify as expatriates under article 1 paragraph 1 in its version of 3 october 200011 retain this status until the end of their temporary period of employment.10 inserted by no i of the fdf o of 9 jan. 2015, in force since 1 jan. 2016 (as 2015 311).11 as 2000 2792art. 5 commencement this ordinance comes into force on 1 january 2001.

672.3 english is not an official language of the swiss confederation. this translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.federal act on the recognition of private agreements for the avoidance of double taxation with respect to taxes on income and on capitalof 17 june 2011 (status as of 15 november 2011)the federal assembly of the swiss confederation,on the basis of article 54 paragraph 1 of the federal constitution1, and having considered the federal council dispatch dated 18 august 20102,decrees:1 sr 1012 bbl 2010 5549art. 1 subject of recognition the federal council is authorised to recognise agreements between private institutions for the avoidance of double taxation with respect to taxes on income and on capital, provided the conclusion of an international treaty on the same matter is not an option.art. 2 requirements the recognition of an agreement under article 1 requires that:a.reciprocity is guaranteed;b.the agreement is compatible with switzerland's agreement policy for the avoidance of double taxation; andc.the competent committees of the national council and of the council of states have agreed to recognition; if the committees do not both agree to recognition, article 95 of the parliament act of 13 december 20023 shall be applied by analogy.3 sr 171.10art. 3 withdrawal of recognition the federal council may withdraw its recognition of an agreement at any time if:a.reciprocity is no longer guaranteed; b.the agreement has been infringed in a serious manner; orc.withdrawal of recognition is required to safeguard switzerland's interests.art. 4 scope of application once recognised by the federal council, an agreement applies throughout switzerland.art. 5 publication 1 any decision of the federal council on recognition or withdrawal of recognition shall be published in the federal gazette.2 the agreement shall be published with the decision on recognition.art. 6 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 15 november 201144 fcd of 9 nov. 2011.

672.4 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton international withholding tax(iwta)of 15 june 2012 (status as of 1 january 2016)the federal assembly of the swiss confederation,based on article 173 paragraph 2 of the federal constitution1, andhaving examined the federal council dispatch of 18 april 20122,decrees:1 sr 1012 bbl 2012 4943section 1: general provisions art. 1 subject matter 1 this act governs the implementation of agreements on cooperation in the area of taxation, in particular:a.the tax regularisation of relevant assets held with swiss paying agents;b.the levying of a final withholding tax on capital income and disclosure of such capital income;c.the levying of a final withholding tax on inheritances and disclosure of such inheritances;d.measures to safeguard the agreement's purpose;e.penalties for failure to comply with the applicable agreement and with this act;f.procedures.2 it applies to the agreements set out in the annex. switzerland may enter into agreements with any country, particularly those with which it has signed an investment protection agreement.3 it is subject to the derogations of individual applicable agreements.art. 2 definitions 1 for the purposes of this act:a.capital income is income and gains on movable capital assets that are taxable under the applicable agreement;b.the partner state is the contracting state with which switzerland has entered into an agreement;c.a one-off payment is one of two options available for tax regularisation of an existing business relationship with a swiss paying agent, consisting of a one-off lump-sum tax levy;d.the contracting party is the holder of an account or deposit with a swiss paying agent containing relevant assets that fall under the scope of the applicable agreement and of which a relevant person is the beneficial owner;e.an authorised person is a person under the applicable agreement who is entitled to choose between final withholding tax or disclosure in the case of an inheritance, or a person who is legally or contractually authorised to represent that person;f.a tax finality payment is a supplementary amount levied under the applicable agreement in addition to the retention under the agreement on the taxation of savings between switzerland and the eu3 ("agreement on the taxation of savings").2 the terms used in this act are to be understood in accordance with the respective applicable agreement. this concerns in particular the following terms:a.swiss paying agent;b.relevant person;c.appointed date;d.competent authority;e.relevant assets;f.account or deposit.3 agreement of 26 october 2004 between the swiss confederation and the european community providing for measures equivalent to those laid down in council directive 2003/48/ec of 3 june 2003 on taxation of savings income in the form of interest payments (sr 0.641.926.81).art. 3 registration and de-registration as a swiss paying agent 1 those who qualify as a swiss paying agent under an agreement and hold relevant assets of a relevant person shall register of their own accord with the swiss federal tax administration (fta).2 the registration of swiss paying agents shall include:a.their name (company name) and place of domicile or residence. legal entities or companies without legal personality that are based abroad according to their articles and sole proprietors resident abroad shall state their name (company name), their principal place of business and the address of their managers in switzerland;b.the nature of their business;c.the date of commencement of business.3 any person who no longer qualifies as a swiss paying agent shall inform the fta for de-registration. section 2: tax regularisation of relevant assets art. 4 one-off payments 1 swiss paying agents shall levy one-off payments in accordance with the applicable agreement.2 where a relevant person has established a business relationship with a swiss paying agent between appointed date 2 and appointed date 3 and opted for the one-off payment, the swiss paying agent levies the one-off payment in accordance with the applicable agreement on appointed date 4 at the earliest but no later than 12 months after appointed date 3. where the previous paying agent fails to submit the required information within 12 months following appointed date 3 and where the relevant person or other contracting party has not initiated civil proceedings against the previous paying agent, the new swiss paying agent shall proceed in the same manner as if the relevant person had not complied with his or her duties.3 the relevant person or other contracting party may object in writing to the certificate produced by the swiss paying agent regarding the one-off payment within 30 days of notification. the swiss paying agent and the relevant person or other contracting party shall endeavour to come to a mutually acceptable solution within the terms of the applicable agreement. within 60 days of the written objection being submitted, the swiss paying agent shall either produce a new certificate or confirm the validity of the original certificate. 4 a certificate is considered approved if the relevant person or other contracting party does not apply in writing to the fta for a ruling within 30 days of notification of the new certificate or confirmation of validity of the original certificate. an appeal against the fta's ruling is governed by the general provisions on the administration of federal justice.art. 5 transfer to the fta 1 swiss paying agents shall transfer the one-off payments levied to the fta by the deadlines set out in the applicable agreement.2 they shall submit the final statement to the fta no later than 14 months after appointed date 3.art. 6 disclosure 1 where a relevant person or other contracting party has given his or her express authorisation, the swiss paying agent shall disclose the information set out in the applicable agreement to the fta by the deadlines set out in the agreement.2 such disclosure shall be made without authorisation if so provided for in the applicable agreement.3 where a relevant person has established a business relationship with a swiss paying agent between appointed date 2 and appointed date 3 and opted for voluntary disclosure, the swiss paying agent shall disclose the information in accordance with the applicable agreement on appointed date 4 at the earliest but no later than 12 months after appointed date 3. where the previous paying agent fails to submit the required information within 12 months of appointed date 3 and where the relevant person or other contracting party has not initiated civil proceedings against the previous paying agent, the new swiss paying agent shall proceed in the same manner as if the relevant person had not complied with his or her duties.art. 7 transfer to partner states the fta shall transfer the one-off payments received and report the disclosures to the competent authorities of the partner states by the deadlines set out in the applicable agreement.art. 8 statutory limitation 1 the right to require the swiss paying agent to transfer a one-off payment or report a disclosure shall expire five years after the end of the calendar year in which the one-off payment was to be transferred or the disclosure reported.2 the statutory limitation period shall be interrupted whenever a swiss paying agent is notified of any official action pertaining to the enforceability of the one-off payment or disclosure. once a statutory limitation period has been interrupted, a new limitation period shall begin to run.3 the statutory limitation period shall expire no later than 15 years after the end of the calendar year in which the one-off payment was to be transferred or the disclosure reported.art. 9 subsequent identification of a relevant person 1 where a relevant person is subsequently identified as such by the swiss paying agent, the swiss paying agent shall immediately notify this person or other contracting party in writing.2 the relevant person or other contracting party may send the fta a written request for tax regularisation of the relevant person's relevant assets in accordance with the applicable agreement within three months of such notification being made. 3 the request shall include:a.the option chosen for tax regularisation in accordance with the agreement;b.details on the availability of information needed for tax regularisation.art. 10 swiss paying agents' duty to cooperate where the competent authority of the partner state has submitted a request to the fta, the swiss paying agent shall:a.cooperate in verifying the authenticity of a certificate;b.provide the fta with further information for the identification of a relevant person who has been reported to the competent authority of the partner state.art. 11 refund of expense allowance 1 where the relevant person obtains a refund for a wrongly levied one-off payment from the competent authority of the partner state, the relevant person is entitled to claim a refund of the expense allowance deducted where such has been agreed with the partner state and the competent authority of the partner state has not refunded this to the relevant person. 2 requests for a refund of the expense allowance shall be submitted to the fta in writing within six months after the refund decision by the partner state.section 3: levying of final withholding tax art. 12 principles 1 swiss paying agents levy a final withholding tax on capital income in accordance with the applicable agreement.2 where a swiss paying agent becomes aware of the death of a relevant person, it shall freeze the relevant assets of which the relevant person was the beneficial owner and levy a final withholding tax in accordance with the applicable agreement.art. 13 freezing of relevant assets in inheritance cases 1 the authorised person or other person with a legitimate interest may object in writing to the swiss paying agent's decision to freeze the relevant assets. the swiss paying agent and the authorised person or other person shall endeavour to come to a mutually acceptable solution within the terms of the applicable agreement. within 60 days of this written objection being submitted, the swiss paying agent shall contact the authorised person or other person in writing to either confirm the freezing of the relevant assets or inform him or her of the cancellation of the freezing. 2 the authorised person or other person may apply in writing to the fta for a ruling within 30 days of the freezing of relevant assets being confirmed. an appeal against the fta's ruling is governed by the general provisions on the administration of federal justice. art. 14 levying of tax 1 within 30 days of notification, the relevant person, authorised person or other contracting party may object in writing to the relevant receipt regarding the final withholding tax produced by the swiss paying agent. the swiss paying agent and the relevant person, authorised person or other contracting party shall endeavour to come to a mutually acceptable solution within the terms of the applicable agreement. within 60 days of the written objection being submitted, the swiss paying agent shall either produce a new receipt or confirm the validity of the original receipt.2 a receipt is considered approved if the relevant person, authorised person or other contracting party does not apply in writing to the fta for a ruling within 30 days of notification of the new receipt or confirmation of validity of the original receipt. an appeal against the fta's ruling is governed by the general provisions on the administration of federal justice.3 a tax that has been wrongly levied may be rectified by the swiss paying agent within five years if it is ensured that neither a tax credit nor a refund has been or will be claimed in the partner state in respect of the corresponding capital income or inheritance case.art. 15 transfer to the fta 1 swiss paying agents shall transfer the tax levied on capital income to the fta within 30 days of the end of each quarter.2 with the transfer, they shall declare how the tax is to be allocated to the different categories of capital income in accordance with the applicable agreement.3 in an inheritance case, they shall transfer the tax levied to the fta by the deadlines set out in the applicable agreement. at the same time, they shall send the fta the information set out in the applicable agreement.art. 16 disclosure 1 where a relevant person, authorised person or other contracting party has given his or her express authorisation, the swiss paying agent shall disclose the information set out in the applicable agreement to the fta by the deadlines set out in the agreement.2 such disclosure shall be made without authorisation if so provided for in the applicable agreement.3 authorisation for disclosure of capital income may be revoked by:a.the relevant person or his or her legal successors;b.the other contracting party or his or her legal successors.4 such authorisation shall remain valid until the swiss paying agent receives express revocation thereof. revocation shall only be valid if the person issuing such revocation assures the swiss paying agent of payment of the tax due in place of disclosure.5 authorisation for disclosure in an inheritance case is irrevocable.6 the swiss paying agent may revoke a disclosure already made until the deadline set out in the applicable agreement for the disclosure of information to the fta. if a tax has to be levied in this case, the swiss paying agent shall transfer this immediately to the fta.art. 17 transfer to partner states the fta shall transfer the tax received and the disclosures and other information to the competent authorities of the partner states by the deadlines set out in the applicable agreement.art. 18 statutory limitation 1 the right to require the swiss paying agent to transfer the tax or report a disclosure shall expire five years after the end of the calendar year in which the tax was to be transferred or the disclosure reported.2 the statutory limitation period shall be interrupted whenever a swiss paying agent is notified of any official action pertaining to the enforceability of the tax or disclosure. once a statutory limitation period has been interrupted, a new limitation period shall begin to run.3 the statutory limitation period shall expire no later than 15 years after the end of the calendar year in which the tax was to be transferred or the disclosure reported.art. 19 amendment of tax rates 1 the tasks arising from the agreements concerning the amendment of tax rates shall be performed by the state secretariat for international financial matters (sif). 2 amendments of the tax rates set out in the agreements shall be submitted to the federal council for approval. 3 the fta shall publish all tax rate amendments without delay in cooperation with sif and ensure that all registered swiss paying agents are informed of these amendments.section 4: tax finality payment art. 20 1 where the applicable agreement provides for a tax finality payment, the swiss paying agent shall deduct a tax finality payment on the basis of assessment used for the retention under the agreement on the taxation of savings4. it shall correspond to the difference between the tax rate set out in the agreement and the rate of the retention. 2 the tax finality payment shall be calculated and deducted in swiss francs. where the interest payment is paid in another currency, it shall be converted using the rate applicable on the date of client settlement.3 swiss paying agents shall transfer the tax finality payments levied to the fta annually no later than 31 march of the year following the interest payment.4 the fta shall transfer the tax finality payments received to the competent authorities of the partner states annually no later than six months after the end of the swiss tax year.5 articles 14 and 18 apply mutatis mutandis.4 sr 0.641.926.81section 5: common provisions for tax regularisation, levying of final withholding tax and tax finality payment art. 21 organisation and procedure 1 the fta shall ensure the correct application of the provisions of the agreements and of this act, unless otherwise specified herein.2 it shall issue all rulings and take all decisions necessary for the application of these provisions.3 it may prescribe the use of certain forms in hardcopy or electronic format and issue directives.4 outside the federal financial statements, the following shall be entered in balance-sheet accounts:a.the transfers made by the swiss paying agents and the implementation vehicle to the fta, unless these are expense allowances (art. 11) or interest on late payments (art. 24);b.the transfers by the fta to the competent authority of the partner states.55 inserted by annex no 2 of the federal act of 19 june 2015 (optimisation of new accounting model), in force since 1 jan. 2016 (as 2015 4009; bbl 2014 9329).art. 22 statistics 1 the fta shall compile the statistics required for fulfilling its legal obligations.2 it shall publish a summary of its statistics. art. 23 obligation to provide information swiss paying agents shall inform the fta of all facts of relevance for the implementation of the agreements and of this act.art. 24 interest on late payments 1 one-off payments, final withholding taxes and tax finality payments that are transferred late to the fta shall incur default interest without a reminder, calculated from the date of expiry of the deadlines set out in this act up to the date of receipt. 2 the federal department of finance (fdf) shall determine the rate of interest.section 6: relationship to other taxes art. 25 1 the swiss paying agent shall be entitled to a refund of the anticipatory tax on capital income from which a final withholding tax has been deducted in accordance with the applicable agreement. an exception shall be made for the non-recoverable anticipatory tax (residual tax) in accordance with the double taxation agreement between switzerland and the country of residence of the relevant person. the swiss paying agent shall claim a refund of the anticipatory tax from the fta in its own name and on the account of the relevant person. it may not issue to the relevant person a certificate regarding the deduction of the anticipatory tax.2 the swiss paying agent may claim a refund from the fta of the anticipatory tax on a monthly basis after expiry of the calendar month in which the claim for the anticipatory tax arose. 3 the fta may set shorter settlement deadlines for anticipatory tax refunds.section 7: upfront payment by swiss paying agents art. 26 execution of upfront payment 1 where the applicable agreement provides for an upfront payment, swiss paying agents shall arrange for the formation of an implementation vehicle which shall manage on their behalf all rights and administrative obligations arising in conjunction with the execution of the upfront payment.2 the implementation vehicle shall not be liable for obligations under the applicable agreement and this section, subject to the provisions of paragraph 3. it shall inform the fta of all facts of relevance to the implementation of this section.3 the federal council shall specify the date on which the upfront payment to the fta becomes due. it shall also specify the deadline by which the implementation vehicle shall issue an irrevocable loan commitment to the fta. where the amount of the irrevocable loan commitment is lower than the upfront payment set out in the applicable agreement, the implementation vehicle shall inform the fta, before expiry of this deadline, which swiss paying agents have participated and how much they have contributed to the upfront payment. 4 where the upfront payment set out in the applicable agreement has not been paid in full by the deadline set by the federal council, the fta shall issue the payment orders necessary for timely execution of the upfront payment.5 it shall issue payment orders to swiss paying agents accounting for more than 0.5% of the retention levied under the agreement on the taxation of savings6 in relation to the partner state. the share determined on the basis of the last statistics furnished by paying agents to the fta prior to the applicable agreement being signed is decisive. the upfront payment shall be divided among these paying agents based on their respective share.6 the fta shall not issue any payment orders to those paying agents participating in the implementation vehicle if the contribution made by the implementation vehicle fully covers the total contributions payable by such paying agents to the upfront payment. otherwise, the fta shall deduct the contribution already paid by a paying agent from the corresponding payment order, provided that it has reliable knowledge that the contribution has been paid.7 the fta shall transfer to the swiss paying agents or the implementation vehicle the amount of the one-off payments offset against the upfront payment in proportion to their share in the upfront payment.6 sr 0.641.926.81art. 27 sureties and procedural rules 1 where the contribution is deemed to be at risk, the fta may require security for the upfront payment or part thereof even before it becomes due. it shall specify in the security order the amount to be secured and the office with which the security is to be deposited. 2 the office receiving the security shall be authorised to release it only if so directed by a legally binding court order or if the swiss paying agent in question and the fta jointly submit a written declaration to this effect.3 an appeal against security orders from the fta may be filed with the federal administrative court. the appeal shall not have any suspensive effect.art. 28 shortfall 1 where the executed upfront payment cannot be fully offset against one-off payments, the fta shall issue the necessary payment orders. these shall be addressed to swiss paying agents accounting for more than 0.01% of the retention levied under the agreement on the taxation of savings7 in relation to the partner state. the share determined on the basis of the last statistics furnished by paying agents to the fta prior to the applicable agreement being signed is decisive.2 the part of the upfront payment that is not offset shall be divided among these paying agents based on their respective share. where a paying agent has contributed to the upfront payment, the difference between this contribution and the amounts transferred in accordance with article 26 paragraph 7 shall be deducted from this share.3 the fta shall transfer the amounts collected to the paying agents such that they cover the shortfall in accordance with their shares under paragraph 1.4 article 38 applies mutatis mutandis.7 sr 0.641.926.81section 8: relevant assets withdrawn from switzerland art. 29 competent authority of switzerland the tasks arising from the agreement concerning relevant assets withdrawn from switzerland shall be performed by sif.art. 30 data collection regarding destinations 1 where the applicable agreement provides for the partner state to be informed of the destination states or jurisdictions of withdrawn relevant assets, swiss paying agents shall provide sif with the following statistical information no later than nine months after appointed date 3:a.the number of relevant persons who closed their account or deposit between the date of signature of the applicable agreement and appointed date 3, broken down by destination state or jurisdiction to which the relevant assets were transferred; b.the volume of relevant assets transferred by relevant persons who closed their account or deposit between the date of signature of the applicable agreement and appointed date 3, broken down by destination state or jurisdiction to which the relevant assets were transferred.2 where a relevant person transfers the relevant assets held in his or her account or deposit at the date of signature to several states or jurisdictions, then:a.for the purposes of counting the number of relevant persons, they are assigned to the state or jurisdiction to which they transferred the highest amount;b.for the purposes of counting the volume, the transferred relevant assets are assigned to the states and jurisdictions to which they were transferred.3 swiss paying agents shall compile this data on the basis of the value of the relevant assets on appointed date 2.section 9: measures to safeguard the agreement's purpose art. 31 requests for information 1 requests from a partner state shall be made in writing in one of the official languages of switzerland or in english and include the details specified in the applicable agreement. 2 the fta shall inform the competent authority of the partner state in writing if these requirements are not met, and give it the opportunity to supplement its request in writing. art. 32 procurement of information 1 the fta shall require banks and other swiss paying agents registered with the fta to disclose the details specified in the applicable agreement. it shall prescribe a deadline for this purpose.2 banks and other swiss paying agents registered with the fta shall inform the fta of whether the person named in the request is the beneficial owner of an account or deposit. they shall transmit all relevant information that is in their possession or under their control.3 the competent authority of the partner state shall not be entitled to inspect files or be present during proceedings in switzerland. specifically, it may not conduct onsite audits by itself at banks or other swiss paying agents registered with the fta.4 information procurement costs shall not be reimbursed.art. 33 notification of persons entitled to appeal where the existence of an account or deposit must be disclosed under the applicable agreement, the person named in the request and other persons assumed on the basis of the files to be entitled to appeal under article 48 of the administrative procedure act of 20 december 19688 (apa) shall be informed about the request for information by the fta.8 sr 172.021art. 34 information to determine the number of admissible requests 1 the fta shall compile the statistics required for fulfilling its legal obligations in relation to safeguarding the agreement's purpose.2 there shall be no right to access this information.art. 35 applicable procedural law unless otherwise specified in this section, the tax administrative assistance legislation applies mutatis mutandis.section 10: audits and procedural rules art. 36 audits 1 the fta shall carry out audits to assess whether swiss paying agents fulfil their obligations under the agreements.2 for the purpose of clarifying the facts, it may:a.inspect the books, receipts and other documents of swiss paying agents on site or order the surrender thereof;b.obtain information in writing and verbally;c.summon representatives of swiss paying agents for questioning.3 where the fta determines that a swiss paying agent has not or has inadequately fulfilled its obligations, it shall give it an opportunity to comment on the deficiencies found.4 where the swiss paying agent and the fta cannot reach an agreement, the fta shall issue a ruling.5 on request, the fta shall issue a declaratory ruling on:a.the status of paying agent;b.the basis for levying the one-off payments, the final withholding tax or the tax finality payment;c.the content of the disclosures in accordance with article 6 or 16;d.the content of certificates.6 the fta shall draw up an annual summary report outlining the main findings of the audits performed during the previous calendar year. it shall formulate the report such that the individual swiss paying agents cannot be identified. sif shall forward the report to the competent authority of the partner state and publish a summary of this report.art. 37 applicable procedural law unless otherwise specified in this act, the apa9 applies.9 sr 172.021art. 38 legal remedies 1 appeals against rulings issued by the fta in accordance with this section may be filed in writing within 30 days of such ruling being issued.2 the appeal shall include the motions and set out the grounds on which it is based.3 where an appeal has been validly filed, the fta shall examine the ruling without being bound by the motions submitted and issue a substantiated appeal decision.4 a complaint against the fta's appeal decision is governed by the general provisions on the administration of federal justice.art. 39 confidentiality obligation 1 any person entrusted with the enforcement of the provisions of agreements and this act or who is involved in their enforcement shall remain silent towards authorities and private individuals about the findings of which they become aware in the course of their official work and shall refuse access to official files.2 the fta is not obliged to maintain confidentiality when:a.reporting disclosures to partner states;b.providing information in the context of the measures to safeguard the agreement's purpose.3 furthermore, there is no confidentiality obligation:a.with respect to judicial and administrative bodies that have been authorised in a specific case by the fdf to obtain official information from the authorities entrusted with the enforcement of this act;b.where violations of federal or cantonal administrative laws or the swiss criminal code10 (scc) have been established, if the fdf grants authorisation to report;c.where a legal basis therefor exists in federal legislation.4 findings relating to third parties made in the course of an audit of a swiss paying agent in accordance with article 36 paragraph 2 may be used only for the implementation of the applicable agreement.5 bank client confidentiality and other client and professional confidentiality protected by law shall be maintained.10 sr 311.0section 11: criminal law provisions art. 40 evasion, breach of disclosure obligation 1 unless articles 14 to 16 of the federal act of 22 march 197411 on administrative criminal law (acla) apply, a fine not exceeding 250,000 francs shall be imposed on any person who wilfully, for their own benefit or the benefit of another person:a.commits tax evasion by:1.failing to fulfil their obligation to levy the one-off payment, final withholding tax or tax finality payment, or2.failing to transfer the one-off payments, final withholding taxes or tax finality payments to the fta;b.breaches their disclosure obligations in accordance with article 6 or 16.2 where such an offence is committed through negligence, a fine not exceeding 100,000 francs shall be imposed.11 sr 313.0art. 41 endangerment of the one-off payment, final withholding tax or tax finality payment and disclosure a fine not exceeding 20,000 francs shall be imposed on any person who wilfully or through negligence endangers the implementation of the applicable agreement and this act by:a.failing to fulfil the obligation to register in accordance with article 3;b.failing to fulfil the obligation to submit lists and accounts, provide information and present receipts in the process for levying the one-off payment, the final withholding tax or the tax finality payment or for reporting disclosures;c.drawing up incorrect accounts or providing incorrect information as the person obliged to levy the one-off payment, final withholding tax or tax finality payment or to report disclosures;d.failing to fulfil the obligation to keep proper accounts and preserve business records and receipts; the right to prosecute under article 166 scc12 is reserved;e.impeding, hindering or preventing the orderly performance of an audit or other official inspection; the right to prosecute under articles 285 and 286 of the scc is reserved;f.failing to meet the requirements in relation to the transfer of the one-off payment, the final withholding tax, the tax finality payment or reporting disclosures.12 sr 311.0art. 42 administrative offences a fine not exceeding 5,000 francs shall be imposed on any person who wilfully or through negligence:a.contravenes the applicable agreement, this act, an implementing ordinance or general directives;b.violates an official order issued to him or her referring to the penalties under this article.art. 43 procurement of information to safeguard the agreement's purpose where a bank or other swiss paying agent registered with the fta wilfully fails to comply with an enforceable order to transmit information issued by the fta referring to the penalties under this provision, it shall be liable to a fine not exceeding 10,000 francs.art. 44 procedure unless otherwise stated in this act, acla13 applies to violations of the criminal law provisions of this act. the prosecuting authority and the authority passing judgment is the fta.13 sr 313.0section 12: final provisions art. 45 implementing provisions the federal council shall issue the implementing provisions.art. 46 amendment of existing legislation .1414 the amendment can be consulted under as 2013 27.art. 4715 15 this article has been repealed.art. 48 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 20 december 20121616 brb of 30 november 2012.annex (article 1 paragraph 2)agreements to which this act applies 1.17 .2. agreement of 6 october 201118 between the swiss confederation and the united kingdom of great britain and northern ireland on cooperation in the area of taxation3. agreement of 13 april 201219 between the swiss confederation and the republic of austria on cooperation in the areas of taxation and the financial market17 this number has been repealed.18 sr 0.672.936.7419 sr 0.672.916.33

721.101 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on water retaining facilities(water retaining facilities act, wrfa)of 1 october 2010 (status as of 1 january 2013)the federal assembly of the swiss confederation,on the basis of article 76, paragraph 3 of the federal constitution1, and having considered the federal council dispatch dated 9 june 20062,decrees:1 sr 1012 bbl 2006 6037chapter 1: general provisions art. 1 purpose this act regulates the safety of water retaining facilities and liability for damage caused by the release of water from water retaining facilities.art. 2 scope 1 this act applies to water retaining facilities which meet the following specifications:a.the storage height above the low-water level of the reservoir or above ground level is at least 10 metres;b.the storage height is at least 5 metres and the reservoir has a storage capacity of more than 50,000 cubic metres.2 the federal supervisory authority (art. 22) may:a.declare water retaining facilities that are smaller than specified above to be subject to this act if they have a particular risk potential; b.exclude water retaining facilities from the scope of this act if it is demonstrated that they do not have a particular risk potential.art. 3 definitions 1 water retaining facilities are installations designed to dam or store water or mud. they are also structures intended to retain sediment, ice and snow or for the temporary retention of water (retention basins).2 large water retaining facilities are installations:a.with a storage height of at least 25 metres;b.with a storage height of more than 15 metres and a storage capacity of more than 50,000 cubic metres;c.with a storage height of more than 10 metres and a storage capacity of more than 100,000 cubic metres;d.with a storage capacity of more than 500,000 cubic metres.art. 4 water retaining facilities on bodies of water bordering neighbouring countries 1 for water retaining facilities on bodies of water bordering neighbouring countries, the federal council may stipulate special provisions or agree special provisions with the neighbouring countries.2 for this purpose, the federal council may deviate from the provisions on the applicable legislation and place of jurisdiction specified in federal legislation or international treaties.chapter 2: safety of water retaining facilities section 1: construction and operation art. 5 basic principles 1 water retaining facilities must be designed, constructed and operated in accordance with the state of the art in science and technology so that their safety is guaranteed for all foreseeable operating and loading cases.2 for the purpose of specifying measures, special attention must be paid as far as possible to the economically viable utilisation of hydropower. measures are specified by the supervisory authority in consultation with the owner of the facility and, insofar as the measures concerned are of a structural nature and no agreement can be reached with the owner of the facility, following consultation with recognised specialists in the engineering and energy industries.3 it must be possible to empty the reservoir in order to carry out inspections and maintenance operations and it must be possible to lower the level of water therein if there is any imminent threat. for this purpose, water retaining facilities must at least be equipped with a bottom outlet of adequate dimensions, or with bottom sluice gates of adequate dimensions. the federal council may permit exceptions for special categories of water retaining facilities.4 it must be possible to divert floods safely when the reservoir is filled to its maximum capacity.art. 6 planning approval and construction 1 any person wishing to construct or modify water retaining facilities requires planning approval from the relevant licensing authority.2 where the construction or modification of an installation has to be approved on the basis of other legal provisions, at the same time as the decision on approval in accordance with those legal provisions a decision shall be made on whether to grant planning approval under this act.3 planning approval must be granted if the technical safety requirements are complied with.4 the application for planning approval must include all the information required to carry out the technical safety assessment.5 the supervisory authority examines the application. if the supervisory authority is not the licensing authority, it shall inform the latter of the result of its technical safety assessment. if deemed necessary for ensuring the technical safety of the installation, the supervisory authority shall specify conditions concerning its construction.6 when making its decision, the licensing authority considers the result of the technical safety assessment and the requested conditions for ensuring the technical safety of the installation.7 the licensing authority shall order special structural measures if these are required to protect the installation against acts of sabotage.8 during the construction phase, the supervisory authority shall verify whether the specified technical safety requirements are complied with.art. 7 commissioning 1 in order for a water retaining facility to be commissioned or recommissioned, a licence must be obtained from the supervisory authority.2 applications for a licence must include all the information required to carry out a technical safety assessment.3 the supervisory authority examines the information provided by the applicant and verifies whether the technical safety requirements are complied with. if deemed necessary to ensure the technical safety of the installation, the supervisory authority shall specify conditions concerning its commissioning and its operation.art. 8 operation 1 the operator must ensure that:a.the safety of the population and environment is guaranteed;b.the outlet and relief works are adequate and functional.2 the operator shall carry out all inspections, measurements and tests that are required to assess the condition and behaviour of the water retaining facility, and shall have the results evaluated without delay. the operator shall submit all corresponding reports to the supervisory authority.3 the operator must:a.maintain the water retaining facility properly, repair damage and rectify safety defects without delay;b.retrofit or modify the facility if the supervisory authority requires such action in order to rectify safety defects;c.permit the installation and use of national monitoring and measurement systems, and grant inspection bodies access to such systems.4 the supervisory authority shall evaluate the reports and verify whether the technical safety requirements have been complied with. it shall also carry out periodical inspections of the facility.5 if deemed necessary for ensuring the technical safety of the facility, the supervisory authority shall specify conditions for the continued operation of the facility.6 water retaining facilities must be monitored and maintained until such time as they are no longer able to retain or confine water, mud and other materials. if there is no operator, the owner of the land shall be responsible for these obligations.art. 9 influence of other structures and installations on safety before an authority may decide on the construction or modification of a structure or installation which could have a negative impact on the safety of an existing water retaining facility, it shall consult the supervisory authority. section 2: emergency concept art. 10 precautionary measures in the event of an emergency 1 the operator shall take precautions for the event that the safe operation of the water retaining facility can no longer be guaranteed as the result of behaviour anomalies, natural events or acts of sabotage.2 in the event of an emergency, it must take all necessary measures to avoid endangering persons, property and the environment.art. 11 water-alarm system 1 the operator of a water retaining facility with a storage capacity of more than 2 million cubic metres must operate and maintain a water-alarm system in the near zone.2 the operator of a water retaining facility with a storage capacity of less than 2 million cubic metres which represents a high potential risk within its inundation zone must operate and maintain a water-alarm system in the near zone insofar as he is ordered to do so by the supervisory authority.3 the term "near zone" refers to the area that would be flooded within two hours following a sudden total collapse of the facility.art. 12 protection of the population in the event of an emergency 1 in the event of an emergency, with the aid of the available civil protection instruments and structures, the federal government, cantons and communes are responsible for distributing instructions to the population concerning the behaviour they should adopt and, if necessary, for their evacuation.2 in the event of a military threat, the authority designated by the federal council may issue special instructions.chapter 3: liability art. 13 exemption from the scope of application of this act the provisions of this chapter do not apply to water retaining facilities that serve the sole purpose of protecting against natural hazards.art. 14 liability on the part of operators 1 the operator of a water retaining facility is liable for damage to persons and property that is caused when risks associated with the flow of large quantities of water, mud or other materials materialise.2 the operator is also liable for costs, with the exception of loss of income, that are incurred as the result of measures ordered by the authorities to prevent or reduce an imminent threat.3 liability as operator applies to any person who owns, constructs or operates a water retaining facility. if the operator is not the owner of the facility, the latter shall be held jointly and severally liable with the operator.4 the federal government, cantons, communes or other public bodies or institutions are also liable in accordance with the provisions of this act if they operate water retaining facilities.art. 15 exemption from liability if the operator of a water retaining facility proves that the damage was due to force majeure, gross negligence on the part of the injured person, sabotage, acts of terrorism or acts of war, he shall be exempted from liability.art. 16 applicability of the swiss code of obligations insofar as this act does not contain any special provisions, liability is governed by the provisions of the swiss code of obligations3 on torts.3 sr 220art. 17 securing of evidence in the event of major damage 1 in the event that major damage is caused, the federal council shall order an investigation.2 the federal council shall make a public announcement requesting every person who has suffered damage to report the damage within three months, citing the date and location. in its public announcement, the federal council shall state that failure to comply with the specified deadline does not rule out any claim for compensation, but may hamper the subsequent assessment of the causal connection between the damage incurred and the release of water from a water retaining facility.art. 18 coverage for liability risk the cantons may stipulate that liability under this act be covered, in part or in full, and in line with the type and extent of the associated risks, through the conclusion of insurance contracts or in another equivalent manner.art. 19 large-scale damage 1 in the event of the occurrence of large-scale damage, the federal assembly may issue a compensation plan in the form of an ordinance.2 there is large-scale damage if, as the result of a disaster, it has to be anticipated that:a.the funds available to the persons who are liable and are required to cover liability risks to cover the damage are insufficient to meet all claims for compensation; or b.it is not possible to carry out ordinary compensation proceedings due to the large number of claimants.3 in its compensation plan, the federal assembly shall define the principles for the just distribution of all available funds for settling claims.4 in its compensation plan, the federal assembly may:c.deviate from the provisions of this act or from other provisions governing compensation claims;d.provide that the federal government will pay additional contributions to compensate uncovered damage and that payment thereof shall be made dependent on payments effected by the canton in which the water retaining facility is located;e.regulate the procedures for the enforcement of its compensation plan and appoint an independent panel against whose rulings an appeal may be filed with the federal supreme court.5 the federal council shall take precautionary measures.art. 20 modification of the payment obligation and apportionment contributions following large-scale damage 1 if an emergency situation should arise due to large-scale damage, the federal council has the power to issue specific regulations relating to private insurance, social insurance and public insurance concerning:a.the modification of the payment obligation on the part of insurers;b.the collection of apportionment contributions from insured persons;c.the deduction of apportionment contributions from payments by insurers.2 this authorisation does not apply to liability insurance.art. 21 costs of measures taken by authorities the costs of measures taken by the relevant authorities in order to protect against or reduce an imminent threat may be passed on to the operator and to the owner.chapter 4: supervision and legal protection art. 22 supervision by the federal government 1 the federal supervisory authority shall supervise the enforcement of the provisions of this act.2 large water retaining facilities are subject to direct supervision by the federal government.3 the federal council shall designate the federal supervisory authority.art. 23 supervision by the cantons 1 the cantons shall supervise water retaining facilities that are not subject to direct supervision by the federal government.2 the cantons shall designate their own supervisory authority.art. 24 special circumstances 1 in special circumstances, the federal supervisory authority may conclude a supervision agreement with the canton concerned, the provisions of which deviate from those cited in articles 22 and 23 above.2 in the event that several water retaining facilities form an operational unit and one of the facilities is subject to direct supervision by the federal government, then all facilities governed by that operational unit are subject to direct supervision by the federal government.art. 25 co-operation requirement in order to ensure that the supervisory authority is able to perform its duties, operators of water retaining facilities shall:a.provide all requested information and all documentation;b.place the necessary personnel and material at its disposal free of charge;c.grant the supervisory authority free access at all times.art. 26 reporting obligation persons responsible for the construction or operation of water retaining facilities must report all occurrences of relevance to safety to the supervisory authority without delay.art. 27 assistance by third parties 1 the supervisory authority may call on the services of external specialists for assistance in performing its duties.2 the associated costs are borne by the operator of the facility.art. 28 supervision fee 1 to cover the costs of its supervisory activities that are not financed through direct charges, the federal supervisory authority collects an annual supervision fee.2 the fee is paid by the operators of large water retaining facilities.3 the amount of the supervision fee is based on the average costs for supervisory activities during the previous five years.4 the federal council regulates the details and specifies the recoverable supervisory costs, and also designates the facilities that are not required to pay the fee.art. 29 right of appeal 1 appeals against decisions that are issued under this act may be filed with the federal administrative court.2 the federal supervisory authority may exercise the rights of appeal under federal and cantonal law against rulings by cantonal authorities in application of this act and its implementing provisions.3 cantonal authorities shall notify the supervisory authority, immediately and free of charge, of its decisions that are subject to appeal.chapter 5: criminal provisions and data processing art. 30 violation of safety regulations 1 any person who:a.wilfully constructs a defective water retaining facility, in particular by ignoring the required safety measures;b.continues to operate a water retaining facility despite being aware that it has significant safety defectsis liable to custodial sentence not exceeding 3 years.2 the custodial sentence must be combined with a monetary penalty.3 an offender who acts through negligence is liable to a custodial sentence not exceeding 3 years or to a monetary penalty.art. 31 prosecution 1 prosecution is the responsibility of the federal government.2 the federal act of 22 march 19744 on administrative criminal law applies.3 the federal council designates the administrative authorities responsible for prosecution and adjudication.4 sr 313.0art. 32 processing of personal data 1 the authorities responsible for enforcement process the personal data required for the application of this act, including data concerning criminal prosecutions and sanctions.2 they may store such data electronically, and may exchange data among themselves insofar as this is necessary for the uniform implementation of this act.chapter 6: final provisions art. 33 implementation the federal council issues the implementing provisions.art. 34 repeal of current legislation the federal act of 22 june 18775 on the hydraulic engineering inspectorate is repealed.5 [bs 4 931; as 1953 950, 1973 1462, 1993 234 art. 18 no 2]art. 35 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall specify the commencement date.commencement date: 1 january 201366 federal council decree of 17 oct. 2012

721.101.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.water retaining facilities ordinance(wrfo)of 17 october 2012 (status as of 1 april 2018)the swiss federal council,based on articles 4, 5 paragraph 3, 12 paragraph 2, 22 paragraph 3, 31 paragraph 3 and 33 of the water retaining facilities act of 1 october 20101 (wrfa),decrees1 sr 721.101chapter 1: general provisions art. 1 definitions (art. 3, wrfa)1 a water retaining facility comprises the following components:a.a dam;b. the associated reservoir;c.auxiliary installations.2 dams may take the following form:a.concrete or masonry dams;b.embankment dams;c.river impoundments with their side embankments.3 a reservoir is a lake that is artificially formed by dams.4 auxiliary installations are structures and equipment installed on the reservoir and dam that are required for the safe operation of a water retaining facility, e.g. relief and outlet works.5 the operator of a water retaining facility is the holder of the licence to put the facility into operation.art. 2 water retaining facilities with high risk potential (art. 2 para. 2 let. a, wrfa)1 a high risk potential is deemed to exist if the collapse of a water retaining structure could endanger human lives and/or result in extensive property damage.2 the relevant cantonal authorities shall notify the federal supervisory authority (swiss federal office of energy, sfoe) about water retaining facilities which, in view of their size, are not governed by the provisions of the wrfa, but which could have a high risk potential.3 operators of such facilities are obliged to provide the sfoe with all the documentation that is required for performing its assessment.4 before it makes its decision, the sfoe shall consult the other cantons concerned.art. 3 water retaining facilities without a high risk potential (art. 2 para. 2 let. b, wrfa)1 when submitting their application to exempt their water retaining facility from the scope of application of the wrfa, operators must submit all documentation that is required for assessing the risk potential.2 before it makes its decision, the sfoe consults the cantons concerned.art. 4 water retaining facilities on bodies of water bordering neighbouring countries (art. 4, wrfa)1 the sfoe specifies the safety requirements for the construction and operation of water retaining facilities on bodies of water bordering neighbouring countries, in cooperation with the relevant foreign supervisory authorities.2 for this purpose the sfoe shall as far as possible abide by the provisions of swiss legislation on water retaining facilities, and in any case ensure a level of safety that is equivalent to that specified in the relevant legislation.chapter 2: safety of water retaining facilities section 1: construction art. 5 outlet works (art. 5 para. 3, wrfa)in the case of water retention basins and structures for stabilising the beds of torrents, the installation of bottom outlets and bottom sluice gates may be dispensed with.art. 6 planning approval (art. 6 para. 5, wrfa)1 the planning approval specifies the documentation to be submitted by the licence holder to the supervisory authority before and during construction, and on completion thereof.2 during the construction phase, the following documentation in particular may be requested:a.results of geological surveys and geotechnical tests;b.results of pressure grouting or other geotechnical measures carried out in order to stabilise and make the subsoil watertight;c.construction reports;d.results of material tests;d.findings from surveillance;f.reports on special occurrences.3 the following documentation in particular may be requested on completion of the construction work:a.a summary and evaluation of the geological surveys and geotechnical tests;b.a summary and evaluation of the pressure grouting or other geotechnical measures carried out in order to stabilise and make the subsoil watertight;c.a list of the materials used during construction, and an evaluation of the material tests;d.modifications to the construction project;e.drawings of the completed structure (as-built drawings);f.types and locations of monitoring instruments.art. 7 construction (art. 6 para. 8 and 25 let. a, wrfa)1 the supervisory authority monitors the construction. in particular, it verifies whether it complies with the approved plans.2 during the construction work, the holder of planning approval must submit the documentation specified therein to the supervisory authority (art. 6 para. 1 and 2).art. 8 modifications to the project any modifications to the project must be reported to the supervisory authority for approval in accordance with article 6 wrfa.art. 9 completion of construction work (art. 6 para. 8 and 25 let. a, wrfa)1 on completion of the construction work, the holder of planning approval must submit a final report to the supervisory authority.2 the final construction report must include the documentation specified in the planning approval (art. 6 para. 1 and 3).3 the supervisory authority verifies whether the construction work has been carried out in accordance with the approved plans and the specified requirements, and records its findings in an acceptance report.art. 10 decommissioning (art. 6 para. 1, wrfa)the decommissioning of a water retaining facility is equivalent to a modification.section 2: commissioning and operation art. 11 requirements for commissioning the facility (art. 7, 8, 10 and 25 let. a, wrfa)1 before commissioning the facility, the operator must produce the following regulations and submit them to the supervisory authority for approval:a.regulations governing the operation of gated relief and outlet works that are required for mastering floods (gate regulations);b.regulations governing the procedure for warning the authorities and the population in the event of an emergency, and for dealing with emergencies (emergency regulations).2 the operator must constantly review the regulations and submit any amendments thereto to the supervisory authority for approval. amendments and updates to details that are not of relevance to safety (e.g. contact details or modifications relating to the operation of gated relief and outlet works in normal operation) must be submitted to the supervisory authority, but do not require the latter's approval.art. 12 commissioning the facility (art. 7, wrfa)1 in the case of facilities where the initial filling of the reservoir can be carried out in a controlled manner, the operator must monitor the behaviour and status of the water retaining facility, notably with the aid of measurements, visual inspections and examinations of the relief and outlet works. the operator shall notify the supervisory authority about the result of its observations.2 the supervisory authority shall monitor the progress of the initial filling and verify that it is carried out in accordance with the licence granted.3 raising the normal water operating level following transformation work and refilling after completion of safety-relevant maintenance or repairs are equivalent to an initial filling of the reservoir.art. 13 completion of commissioning (art. 7, 8 and 25 let. a, wrfa)1 after completion of the initial filling or refilling of the reservoir, the operator must submit a corresponding report to the supervisory authority.2 this report must contain the following items in particular:a.an overview of how the initial filling or refilling of the reservoir progressed;b.an analysis of the behaviour of the water retaining facility during the initial or subsequent putting into operation;c.the results of the function tests of the relief and outlet works.art. 14 requirements for the operation of the facility 1 a water retaining facility may only be operated if the result of the initial filling or refilling of the reservoir indicates that it may be operated safely.2 the operator shall produce regulations governing the surveillance of the facility in normal operation and during extraordinary events, and shall submit it to the supervisory authority for approval (surveillance regulations).3 the operator must constantly review the regulations and submit any amendments thereto to the supervisory authority for approval. amendments and updates to details that are not of relevance to safety (e.g. contact details of personnel responsible for monitoring the facility) must be submitted to the supervisory authority, but do not require the latter's approval.art. 15 inspection of relief and outlet works (art. 8 para. 2, wrfa)1 the operator must carry out an annual inspection of the gated relief and outlet works in order to verify their safe and reliable function. the way the inspection progressed and the findings of the inspection must be recorded in a report.2 each inspection must be carried out with a high water level in the reservoir and include a discharge test (wet function test).3 the relief works may also be tested under dry conditions or in another suitable manner if the normal water level in the reservoir is below the level required for opening.4 the outlet works installed in retention basins and in structures for stabilising the beds of torrents may be tested under dry conditions.art. 16 continual inspections (art. 8 para. 2, wrfa)1 the operator must carry out measurements and visual inspections in accordance with the surveillance regulations (art. 14 para. 2).2 in the period during which a large facility is under water, the operator must verify electronically transmitted measurement data at least once a month by carrying out manual measurements on site.3 for other facilities, electronically transmitted measurement data must be verified by carrying out manual measurements on site at least once a year.art. 17 annual inspection (art. 8 para. 2 and 25 let. a, wrfa)1 the operator must ensure that a qualified professional evaluates the results of measurements on an ongoing basis, carries out a visual inspection of the water retaining facility once a year and records his or her findings in an annual measurement and inspection report (annual report).2 the operator must submit each annual report to the supervisory authority within six months of the close of the period under review. the report consists of the results of inspections of the relief and outlet works, visual inspections and measurements.3 the supervisory authority may grant exemptions from the annual rhythm (para. 1) and the deadline for submitting the annual report (para. 2) as long as the same level of safety is assured.art. 18 five-yearly inspections (art. 8 para. 2 and 25 let. a, wrfa)1 the operator must ensure that experienced experts in the fields of civil engineering and geology carry out a comprehensive safety assessment every five years, if the facility concerned:a.has a storage height of at least 40 metres; orb.has a storage height of at least 10 metres and a storage capacity of more than 1 million cubic metres.2 the operator must submit the reports on the safety inspections (five-yearly reports) within nine months of the close of the period under review.3 the supervisory authority may waive the requirement of periodical comprehensive safety inspections (para. 1), and grant exemptions from the deadline for submitting the five-yearly reports (para. 2), as long as the same level of safety is assured.4 the supervisory authority may order extraordinary safety reviews, as well as five-yearly inspections of water retaining facilities of smaller size.art. 19 professionals and experts (art. 8 para. 2 and 25 let. a, wrfa)1 the operator must notify the supervisory authority of the person it has appointed as qualified professional (art. 17). the supervisory authority may reject the appointed professional if there are grounds for doubting his or her suitability.2 the operator shall submit its choice of experts (art. 18) to the supervisory authority for approval.3 experts must be independent of the qualified professional, the operator and the owner of the facility.art. 20 overhauls (art. 8 para. 3 let. a, wrfa)1 the operator must notify the supervisory authority in advance of planned overhauls, although the activities themselves do not require approval.2 during work carried out on relief and outlet works, the operator must ensure:a.that there is sufficient protection against floods; andb.that in the event of impending danger the lowering of the level of the reservoir is possible without delay.art. 21 reporting obligation (art. 8 and 25 let. a, wrfa)the operator must notify the supervisory authorities in advance of the following deadlines:a.inspection of relief and outlet works;b.on-foot inspection of the water retaining facility within the scope of the annual and five-yearly inspections;c. emptying of the facility.art. 22 archiving (art. 25 let. a, wrfa)1 the operator must maintain and constantly update an archive containing all documentation relating to the water retaining facility, and grant the supervisory authority access thereto at any time.2 the archive contains the following items in particular:a.the main drawings of the realised facility and details relating to its construction;b.the agreement between the owners and the project developers concerning the planned utilisation (utilisation agreement);c.the description of the practical implementation of the utilisation agreement (basis of project);d.the static, hydrological and hydraulic calculations and reports;e.the geological reports;f.the report on the commissioning of the facility;g.the annual reports and reports on geodetic deformation measurements;h.the five-yearly reports;i.the reports on malfunctions and operating anomalies;j.the surveillance, gate and emergency regulations.art. 23 inspections by the supervisory authority (art. 8 para. 4, wrfa)1 the supervisory authority participates in five-yearly inspections (art. 18) and additionally inspects the facilities concerned at least once every five years.2 the supervisory authority inspects those large water retaining facilities that are not subject to five-yearly inspections at least once every three years.3 the supervisory authority inspects all other water retaining facilities at least once every five years.art. 24 measures on the part of the supervisory authority (art. 8 para. 3 and 5, wrfa)if the operator fails to carry out maintenance or repairs by the specified deadline, the supervisory authority shall order the necessary measures and, in the event of an unsuccessful reminder, order the emptying of the facility.section 3: emergency concept art. 25 precautionary measures in the event of an emergency (art. 10, wrfa)1 the emergency regulations in accordance with article 11 paragraph 1 letter b must include the following items in particular:a.a map depicting those zones which would probably be flooded following a sudden total collapse of the water retaining structure (inundation map);b.an analysis of those factors that could seriously disrupt or prevent the management of emergencies (risk analysis);c.a strategy for dealing with emergencies, including specification of the measures to be taken in a given emergency situation (emergency strategy);d.a document in which the functions of the personnel responsible for dealing with emergencies are described, together with the procedure for issuing warnings and alarms (emergency response organisation);e.a dossier on operational procedures in the event of an emergency (operational procedures).2 the supervisory authority may grant exemptions as long as the same level of safety is assured.3 the supervisory authority shall forward copies of inundation maps and operational procedures to the cantons concerned and to the federal office for civil protection (national alarm centre).art. 26 water alarm system (art. 11, wrfa)1 after consulting with the cantons concerned and the federal office for civil protection (focp), the swiss federal office of energy (sfoe) specifies which water retaining facilities with a reservoir with a capacity of less than 2 million cubic metres must be equipped with a water alarm system.2 a high risk in accordance with article 11 paragraph 2 wrfa exists if, in the event of a sudden total collapse of the water retaining structure, at least one thousand people who are regularly in the near zone for a lengthy period of time would be at risk.3 the concept and technical composition of the water alarm system must be approved by the federal office for civil protection (focp).art. 27 plans for the evacuation of the population (art. 12 para. 1, wrfa)1 based on the inundation maps, the cantons concerned prepare the plans for the evacuation of the population (evacuation plans).2 the cantons concerned shall grant public access to the evacuation plans and shall ensure that the population is provided with the necessary information.3 the cantons shall pass on a copy of the evacuation plans to the sfoe and the focp (national alarm centre).4 the cantons constantly review the evacuation plans and pass on any updates or amendments that may be made to the sfoe and the focp (national alarm centre).5 the focp is responsible for supervising the implementation of this provision.art. 282 arrangements in the event of a military threat (art. 12 para. 2, wrfa)in the event of a military threat, the federal civil protection crisis management board is responsible for making special arrangements in accordance with article 2 paragraph 1 of the ordinance of 2 march 20183 on the federal civil protection crisis management board.2 amended by annex 3 no ii 3 of the o of 2 march 2018 on the federal civil protection crisis management board, in force since 1 april 2018 (as 2018 1093).3 sr 520.17chapter 3: supervision art. 29 federal supervisory authority (art. 22 wrfa)1 the swiss federal office of energy (sfoe) is the federal supervisory authority.2 the main duties of the sfoe are as follows:a.supervision of large water retaining facilities;b.overall supervision of water retaining facilities subject to supervision by the cantons;c.issuing guidelines and preparing other technical documents in cooperation with the cantons, universities, professional organisations and industry;d.promotion of research;e.securing expertise in cooperation with universities, cantons and professional organisations;f.ensuring the exchange of information at international level.3 the sfoe provides the cantons concerned with the following documentation in particular:a.rulings by means of which it declares water retaining facilities subject to the wrfa (art. 2) or exempts them from the scope of application of the act (art. 3);b.the list of water retaining facilities that are subject to its supervision and are currently in operation (art. 22 para. 1; article 24, wrfa);c.planning approvals for the construction and modification of facilities, unless approval exists in accordance with other legislation (art. 6, wrfa);d.acceptance reports produced after completion of construction work (art. 9 para. 3);e.licences for putting installations into operation (art. 7, wrfa);f.other rulings it issues in order to ensure safety (art. 24; art. 8, wrfa).art. 30 cantonal supervisory authorities (art. 23, wrfa)the main duties of the cantonal supervisory authorities are as follows: a.to supervise water retaining facilities that are not subject to direct supervision by the federal government;b.to report the following details in particular to the sfoe concerning the facilities they are responsible for supervising:1.the operator,2.the purpose,3.location coordinates, type and year of construction of the water retaining structure,4.the year in which the facility was put into operation,5.the geometric data;c.to submit an annual report on their supervisory activity to the sfoe by 31 march of the following year;d.to report to the sfoe on any unusual occurrences that could have an influence on the safety of the water retaining facilities they are responsible for supervising.chapter 4: final provisions art. 31 authority responsible for administrative criminal proceedings (art. 31, wrfa)in accordance with article 31 paragraph 3 wrfa, the sfoe is the administrative authority responsible for prosecution and judgement.art. 32 repeal and amendment of previous legislation the repeal and amendment of previous legislation is dealt with in the annex.art. 33 transitional clauses 1 the approvals and licences that existed on commencement of this ordinance remain legally binding.2 operators of existing facilities must submit their emergency regulations within five years of the commencement of this ordinance to the relevant supervisory authority for approval (art. 11 para. 1b).3 within one year of commencement of this ordinance, the supervisory authority shall verify whether the experts meet the requirements specified in article 19 paragraph 3.4 the sfoe shall hand over the documentation relating to water retaining facilities which, in accordance with previously existing legislation, it has been responsible for supervising, and which in accordance with the new legislation are now subject to supervision by the cantons, to the relevant cantonal supervisory authorities within two years of the commencement of this ordinance. the cantons shall assume responsibility for the supervision of these facilities after the documentation has been handed over.5 the cantons concerned shall draw up evacuation plans within three years of the commencement of this ordinance (art. 27).art. 34 commencement this ordinance comes into force on 1 january 2013.annex (art. 32)repeal and amendment of previous legislation ithe water retaining facilities ordinance of 7 december 19984 is repealed.ii. 5 4 [as 1999 4, 2003 3311 5165 art. 22 para. 2 no 1]5 the amendments may be consulted under as 2012 5995.

742.161english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon the safety investigation of transport incidents(ositi)of 17 december 2014 (status as of 1 february 2015)the swiss federal council,on the basis of articles 15a paragraphs 1 and 5, 15b paragraph 6, 15c and 95 of the railways act from 20 december 19571 (raila), on article 12 paragraph 1 of the federal act of 5 october 19902 on private sidings, on article 5 paragraph 2 of the navigation act of 23 september 19533and on articles 25 paragraphs 1 and 5, 26 paragraph 6 and 26a paragraph 1 of the civil aviation act of 21 december 19484 (caa), in implementation of regulation (eu) no 996/20105 in the version binding on switzerland in accordance with number 3 of the annex to the agreement of 21 june 19996 between the swiss confederation and the european union on air transport and directive 2004/49/ec7 in the version currently binding on switzerland in accordance with annex 1 to the agreement of 21 june 19998 between the swiss confederation and the european union on the carriage of goods and passengers by rail and road,ordains:1 sr 742.1012 sr 742.141.53 sr 747.304 sr 748.05 regulation (eu) nr. 996/2010 of the european parliament and of the council of 20 october 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing directive 94/56/ec, oj l 295 of 12.11.2010, p. 35-50.6 sr 0.748.127.192.687 directive 2004/49/ec of the european parliament and of the council of 29 april 2004 on safety on the community's railways and amending council directive 95/18/ec on the licensing of railway undertakings and directive 2001/14/ec on the allocation of railway infrastructure capacity, and the levying of charges for the use of railway infrastructure and safety certification (railway safety directive), oj l 164 of 30.4.2004, p. 44; last amended by directive 2009/149/ec, oj l 313 of 28.11.2009, p. 65.8 sr 0.740.72section 1 general provisions art. 1 subject matter 1 this ordinance regulates the reporting and investigation of incidents:a.involving railway undertakings and federally-licensed cableway, automobile, trolleybus and shipping undertakings, and on private sidings (public transport);b.in civil aviation within switzerland and involving swiss aircraft abroad; c.in maritime navigation involving maritime vessels entered in the swiss maritime shipping register.2 it regulates the organisation and tasks of the swiss transportation safety investigation board (stsb).art. 2 purpose and subject matter of investigations 1 investigations serve to prevent further incidents.2 the subject of investigations are the technical, operational, human, organisational and systemic causes and circumstances that led to the incident.art. 3 incidents incidents are defined as follows:a.in public transport: events set out in articles 15 and 16;b.in civil aviation: accidents and incidents as defined in article 2 of regulation (eu) no 996/2010;c.in maritime navigation: events that require a flag state to hold an investigation under article 94 number 7 of the united nations convention on the law of the sea of 10 december 19829.9 sr 0.747.305.15art. 4 public transport: special terms in public transport:a.accident means any event resulting in a fatal or serious injury, considerable property damage or a major accident as defined in the major accidents ordinance of 27 february 199110;b.serious incident means any event that would have led to an accident had it not been prevented by automatic safety precautions;c.fatal injury means any injury sustained by a person in an accident which results in his or her death within 30 days of the date of the accident;d.serious injury means any injury sustained by a person in an accident the treatment of which necessitates hospitalisation for more than 24 hours;e.minor injury means any injury that necessitates out-patient treatment;f.considerable property damage means property damage that is a direct consequence of an accident, the value of which exceeds 50,000 francs in the case of cableways or 180,000 francs in the case of all other forms of transport;g.substantial incident means any incident that interrupts the operation of a line for at least six hours;h.exceptional event means any event due to the technical failure of safety-related installations or to inadequate or defective safety measures or to safety-related human error;i.dangerous goods event means any event under section 1.8.5 of the regulations concerning the international carriage of dangerous goods by rail (rid)11, annex c to the convention of 9 may 198012 concerning international carriage by rail (cotif) in the version of the protocol of modification of 3 june 199913;j.signalling incident means any event in which part of a train or a shunting operation travels beyond the permitted endpoint of the journey.10 sr 814.01211 the rid is not published in the as or in the sr. a separate publication including amendments may be obtained from the bundesamt fr bauten und logistik, verkauf bundespublikationen, 3003 bern, or directly from the intergovernmental organisation for international carriage by rail (otif), www.otif.org.12 sr 0.742.403.113 sr 0.742.403.12art. 514 civil aviation: equivalence of terms for the correct interpretation of regulation (eu) no 996/2010, which is referred to in this ordinance, the following terminological equivalences apply:term in regulation (eu) no 996/2010term in this ordinancefinal reportfinal reportserious incidentserious incidentwitnesseswitnesses14 this article is only of relevance to the swiss language versions.section 2 organisation and tasks of the stsb art. 6 status the swiss transportation safety investigation board (stsb) is an extra-parliamentary committee under articles 57a-57g of the government and administration organisation act of 21 march 199715.15 sr 172.010art. 7 composition the stsb comprises three to five independent specialists from the relevant transport sectors.art. 8 investigation bureau the stsb has a specialist secretariat (the investigation bureau).art. 9 independence 1 the stsb and its members act in accordance with directives.2 the stsb shall take the organisational measures required to safeguard its interests and prevent conflicts of interest.art. 10 tasks of the stsb the stsb has the following tasks:a.it investigates transport incidents.b.it organises itself and the investigation bureau, unless such organisation is regulated by this ordinance or the order constituting the stsb.c.it determines the goals and priorities for its activities.d.it appoints the director of the investigation bureau and its other staff.e.it designates the reporting office.f.it ensures that the chief investigators and specialists required for the investigations are made available.g.it supervises the investigation bureau.h.it approves the final report (art. 47).i.it decides on objections to rulings issued in investigations (art. 15b para. 4 raila, art. 26 para. 4 caa).j.it ensures an effective quality assurance system.k.it prepares an annual report on its activities for each financial year, in particular on the achievement of goals, submits the same to the federal council for information and publishes the same thereafter.art. 11 tasks of the director of the investigation bureau the director of the investigation bureau has the following tasks:a.he or she draws up the principles for the stsb's decisions and reports to the stsb regularly on the activities of the investigation bureau, and immediately in the event of special circumstances.b.he or she carries out the tasks not assigned to another body.art. 12 tasks of the reporting office 1 the reporting office accepts reports of incidents at all times.2 it forwards the reports immediately to the investigation bureau.art. 13 staff of the investigation bureau the staff of the investigation bureau, including the director, are governed by the law on federal personnel.art. 14 official secrecy 1 the members of the stsb, the staff of the investigation bureau and external experts shall preserve official secrecy.2 for members of the stsb, the federal department of the environment, transport, energy and communications (detec) is the superior authority responsible for an exemption from the requirements of official secrecy (art. 320 sec. 2 of the criminal code16).16 sr 311.0section 3: reporting obligations art. 15 public transport: reports to the reporting office 1 public transport undertakings shall report the following immediately to the reporting office immediately:a.accidents;b.serious incidents;c.exceptional events;d.suspected or proven sabotage;e.fires in vehicles;f.sinking, collision and grounding of ships.2 obvious suicides and attempted suicides, and incidents on public roads that due to a violation of road traffic regulations need not be reported.3 rail transport undertakings involved in an incident on the network of an infrastructure operator shall report this incident to the infrastructure operator concerned, which shall forward the report immediately to the reporting office.art. 16 public transport: reports to the fot 1 the public transport undertakings shall report the following to the federal office of transport (fot):a.events under article 15 paragraph 1;b.events resulting in minor injuries;c.events with property damage valued at over 100 000 francs;d.serious disruption;e.dangerous goods events;f.larger explosions and fires in safety-related installations;g.suicides, and attempted suicides that result at least in a minor injury.2 the following events must also be reported to the fot:a.by railway undertakings:1.derailments during train or shunting movements,2.collisions with other vehicles or obstacles during train or shunting movements,3.runaway rail vehicles,4.non-observation of signals;b.by cableway undertakings:1.cable breaks and derailments,2.vehicles falling or being derailed from the cable,3.collisions with other vehicles, with the infrastructure or with external obstacles,4.damage as a result of exceeding profile limits,5.failure of acceleration or deceleration devices on entering and leaving stations, and of brakes and clamps,6.persons falling from vehicles.3 the events must be reported within 30 days.art. 17 civil aviation: duty to report 1 civil aviation incidents must be reported to the reporting office immediately by the following persons or bodies involved:a.the owners of the aircraft;b.the proprietors of the aircraft;c.the airlines;d.the flight crew;e.the air traffic control;f.the aerodrome operators;g.the police forces;h.the customs authorities;i.the federal office of civil aviation.2 incidents involving micro-light aircraft, hang gliders, parachutes, manned kites, paragliders and tethered balloons need not be reported.art. 18 maritime navigation: duty of disclosure the swiss maritime navigation office, the ship's command, the swiss shipowners' association and the classification societies recognised by switzerland shall report incidents under article 3 letter c immediately to the reporting office.art. 19 report to foreign authorities 1 the stsb shall report incidents on swiss sovereign territory involving foreign undertakings to the competent authorities in the states in which such undertakings are registered. 2 the report must not include sensitive personal data under article 3 of the federal act of 19 june 199217 on data protection.17 sr 235.1section 4 investigations art. 20 subject of the investigation 1 the stsb shall investigate the incidents that must be reported to the reporting office.2 it investigates incidents that occur abroad only if:a.an investigation relating to an incident in a foreign state involving a swiss aircraft or an aircraft manufactured in switzerland is assigned to the swiss authorities;b.the incident occurs outside the sovereign territory of any state; orc.no foreign investigating authority is prepared to conduct the investigation.3 it investigates incidents involving aircraft used by the customs or police authorities only if it is expected that the investigation may bring results that will be important in preventing further incidents.4 it may investigate other incidents if it is expected that the investigation may bring results that will be important in preventing further incidents.art. 21 opening the investigation 1 the investigation bureau opens the investigation.2 it appoints the person responsible for leading the investigation. it may assign other staff or appoint external specialists to assist this person.art. 22 recusal 1 persons assigned to work on the investigation shall recuse themselves if they:a.have a personal interest in the matter;b.are employed by an undertaking involved, are a member of its management bodies or are entrusted with its audit;c.are related in direct or collateral line or by marriage, engagement or adoption to:1.an owner, proprietor, or operator of a means of transport or of transport infrastructure that is involved in or affected by the incident,2.a manager or a member of a management body of an undertaking involved,3.a person involved in or affected by the incident,4.any other person with an interest in the outcome of the investigation;d.may not be impartial for any other reason.2 if they have an interest in an undertaking that is involved, they must report this to the director of the investigation bureau.3 if there is any dispute over recusal, the stsb decides.art. 23 coordination with prosecution and administrative authorities 1 the investigation is conducted irrespective of any criminal or administrative proceedings.2 the prosecution and administrative authorities and the stsb shall coordinate their activities.3 they shall provide each other with investigation documents, assessments and records free of charge.art. 24 use of information in criminal proceedings the information that any person provides in terms of a safety investigation may only be used in criminal proceedings with that person's consent.art. 25 civil aviation: coordination with military courts if swiss military aircraft are involved in an incident, the person leading the investigation and the competent military courts shall coordinate their activities.art. 26 recording personal details the prosecution authorities and the persons responsible for the undertaking involved and, if applicable, the aerodrome management shall record the names and addresses of persons who could provide useful information.art. 27 security measures and duty to guard the site 1 the investigation bureau shall order the required security measures, in particular the guarding of the accident site, and shall decide on when to revoke such measures relating to the accident site. measures by the prosecution authorities are reserved.2 the prosecution authorities and the persons responsible for security and rescue operations shall ensure that no changes are made to accident site other than those required for the security and rescue operations.3 dead bodies may only be removed with the consent of the investigation bureau and the prosecution authority. in clear cases of suicide affecting public transport undertakings only, the consent of the investigation bureau is not required.4 any changes made to the accident site must be documented.5 image recordings, sound recordings, functional statuses of safety devices and other data that could assist in establishing the causes and circumstances of the incident must be secured immediately.art. 28 access to the accident site 1 until the investigation bureau begins its activities, the prosecution authority decides who has access to the accident site. thereafter the investigation bureau decides in consultation with the prosecution authority.2 the persons responsible for the security and rescue operations and the prosecution authorities shall have unlimited access.3 the representatives of the competent federal authorities, authorised persons from a foreign state and other persons who can establish a prima facie legal interest in the outcome of the investigation shall be granted access provided the investigation activities is not disrupted thereby.art. 29 investigation activities 1 the investigation bureau shall carry out the required investigation activities. it may dispense with certain investigation activities if unreasonably high costs would be incurred in order to carry out such activities when compared with the expected results.2 it may instruct external specialists to deal with special technical issues.3 it may require the undertakings involved or the air traffic control bodies to provide electronic records in a form that can be read without taking special technical measures.4 the originals of the records must be held in safekeeping. they may only be deleted with the authorisation of the investigation bureau and the competent law enforcement authority.art. 30 public transport: duty of railway undertakings to provide support 1 the railway undertakings involved must, insofar as it is necessary and possible, organise the transport of investigation bureau members and other persons involved in the investigation from the nearest accessible station to the accident site.2 they must provide the investigation bureau free of charge with the personnel and technical aids that are immediately required for the investigation activities at the accident site.3 they must provide free of charge the infrastructure, personnel, technical aids and required documents that are required for follow-up investigations and trial runs.art. 31 summons 1 the investigation bureau may summon persons who can provide the useful information. the form and content of the summons are governed by article 201 of the criminal procedure code18 (crimpc).2 the summons shall be served at least three days prior to the date fixed. when determining the date, appropriate account shall be taken of the availability of the person being summoned.3 in cases of urgency or with the consent of the person being summoned, the requirements relating to form and deadlines may be waived.18 sr 312.0art. 32 searches 1 the investigation bureau may search items of property, records, buildings, dwellings and other not generally accessible areas.2 it may only conduct a search with the consent of the authorised proprietor; the foregoing does not apply to records.3 the consent of the authorised proprietor is not required if there is reason to believe that important information relating to the cause of the incident is being withheld from the investigation bureau.4 searches are governed by articles 245-247 and 248 paragraphs 1, 2 and 4 crimpc19.5 the federal administrative court shall decide within one month on any request for the removal of seals filed by the investigation bureau. the decision is final.19 sr 312.0art. 33 seizure 1 the investigation bureau may seize incident-related items of property, their constituent parts and any other useful items.2 seizure is governed by articles 264 paragraphs 1 and 3, 265 paragraphs 1, 2 and 4, 266 paragraphs 1 and 2 and 267 paragraphs 5 and 6 crimpc20.20 sr 312.0art. 34 medical investigations 1 the investigation bureau may require persons involved in the operation of a means of transport to undergo a medical examination of their physical or mental condition.2 intervention in a person's physical integrity may be ordered provided it does not cause particular pain or any risk to health.3 examinations are governed by article 252 crimpc21.21 sr 312.0art. 35 autopsies 1 the investigation bureau shall arrange for a forensic medicine institute to conduct an autopsy if persons concerned in the operation of a means of transport involved are killed in an accident or die later as the consequence of the accident.2 it may the order an autopsy for other persons who have died as a result of the accident.3 it shall inform the competent law enforcement authority before releasing the body.art. 36 obtaining expert opinions 1 the investigation bureau may obtain expert opinions.2 the procedure is governed by articles 182, 183 paragraph 1, 184 with the exception of paragraph 2 letter f and paragraph 7, 185 with the exception of an appearance enforced by the police in paragraph 4, 187, 189 and 190 crimpc22.22 sr 312.0art. 37 maritime navigation: compulsory measures the compulsory measures provided for in this ordinance (art. 31-36) only apply in the case of maritime navigation to the extent that they have a basis in the navigation act23.23 sr 747.30art. 38 release of accident-related items of property the investigation bureau decides on the release of accident-related items of property or their component parts. orders issued by the law enforcement authorities are reserved.art. 39 investigation activities ordered by interested parties 1 interested parties may propose that the investigation bureau carry out specific investigation activities.2 there is no right to have specific investigation activities carried out.art. 40 right to refuse to testify the investigation bureau shall advise witnesses of their right to refuse to testify.art. 41 transcript 1 a summary transcript shall be made of interviews with witnesses. the interviewer and interviewee shall both sign the transcript. if an interviewee does not sign, the reason must be stated in the transcript.2 instead of a summary transcript, an audio recording may be made of the interview. a transcript may be made of recorded interview if this is required for the investigation.3 the place, date, start and end times of the interview must be noted in the transcript or stated on the recording.art. 42 investigation notes 1 the examination of incident-related items of property, inspections, measures to reconstruct the events of the incident, witness interviews and further investigation activities shall be recorded in investigation notes.2 the investigation notes must be dated and signed by the person leading the investigation or the authorised investigator.art. 43 preliminary report 1 as soon as the events of an incident are established in their essential respects, the investigation bureau shall issue a preliminary report. this shall as a minimum contain particulars of the persons and means of transport involved, the course of events and the person leading the investigation.2 the preliminary report shall be sent for information purposes to the personnel, proprietors, owners and operators of the means of transport involved, the competent department, federal office and prosecution authority. the disclosure of names is governed by article 54.3 the provision of information to the competent foreign authorities and organisations is governed by international law.art. 44 interim report the investigation bureau shall immediately issue an interim report with corresponding recommendations to the competent department and the federal office in order to notify them of the essential results of the investigation that are relevant for the prevention of further incidents and which may require immediate measures to be taken.art. 45 summary investigation and summary report: general remarks 1 the investigation bureau may conclude an investigation if it is established as a result of the initial investigation activities that further investigation activities will not provide any useful findings.2 it may limit itself in a summary investigation to interviewing the persons involved and other persons concerned.3 it shall issue a summary report. this shall provide information on the persons and means of transport involved and the events of the incident.4 it shall publish the report online.art. 46 summary investigation and summary report: civil aviation 1 incidents involving aircraft with a maximum permissible take-off weight not exceeding 2250 kg shall only be subject to a summary investigation.2 a full investigation shall however be carried out if:a.any person suffers a fatal or serious injury;b.it is suspected that the incident was due to the aircraft being insufficiently airworthy, provided the insufficiency does not relate exclusively to the landing gear;c.the incident occurred during a commercial flight or training flight and the aircraft was seriously damaged;d.the investigation bureau takes the view that a full investigation of the incident would be especially useful;e.in an incident involving a foreign aircraft, the foreign investigating authority requests a full investigation.3 incidents involving motor gliders, gliders, free balloons and special category self-construction aircraft are subject only to a summary investigation if a person has suffered a fatal or serious injury. the investigation bureau may order a full investigation if it takes the view that it would be especially useful in order to prevent further accidents.art. 47 final report 1 the investigation bureau shall compile the results of the investigation in a final report.2 the final report provides information on:a.the persons, undertakings, means of transport and transport infrastructure involved and concerned,;b.the events of the incident and their causes and circumstances;c.the extent of the injuries to persons and damage to property;d.the results of the investigations and expert opinions.3 if safety defects have been established, the final report shall contain related safety recommendations.4 the investigation bureau shall send a draft of the final report for comment to the parties directly concerned by and involved in the investigation and to the competent department and the federal office.5 responses may be submitted within 60 days of receipt of the draft of the final report.6 the investigation bureau shall revise the final report to take account of the comments and submit the revised report to the stsb for approval.7 it shall send the final report to the persons and bodies that have already received a draft of the final report.art. 48 safety recommendations 1 the stsb shall submit the safety recommendations to the competent federal office and notify the competent department of the recommendations. in the case of urgent safety issues, it shall notify the competent department immediately. it may send comments to the competent department on the implementation reports issued by the federal office.2 the federal offices shall report to the stsb and the competent department periodically on the implementation of the recommendations or on the reasons why they have decided not to take measures.3 the competent department may instruct the competent federal office to implement recommendations.art. 49 reopening the investigation if important new matters come to light within ten years of approval of the final report, the investigation bureau shall reopen the investigation on its own initiative or on request.art. 50 costs of the investigation 1 the persons who caused the incident may be required to pay the following shares of the investigation costs:a.in the case of wilful conduct: 50-75 per cent;b.in the case of grossly negligent conduct: 25-50 per cent.2 the costs of policing duties in connection with an incident are not investigation costs, unless the investigation bureau has expressly assigned investigation duties to the police.art. 51 inspection of files 1 the following persons may file a request to inspect the case files:a.persons directly concerned by the investigation;b.the competent federal office;c.the cantonal prosecution authorities;d.the persons involved in the investigation who represent a foreign state.2 the right to inspect files may be limited, refused or postponed if the interests of the investigation under this ordinance or of another ongoing investigation so require.3 if the investigation has been concluded, the investigation bureau shall make the files available on request to the competent investigating, court and administrative authorities for the purposes of their proceedings.art. 52 deadlines 1 investigations into incidents must be concluded within 12 months.2 in the case of incidents involving large aircraft or maritime vessels, a deadline of 18 months applies. a large aircraft is an aircraft with a maximum permissible take-off weight of at least 5700 kg that is classified in the airworthiness category standard, subcategory transport or has more than ten seats for passengers and crew.3 if the deadline cannot be met, the person leading the investigation shall notify the director of the investigation bureau and explain the delay. the director of the investigation bureau shall allow an appropriate additional period.section 5 publications art. 53 stsb reports and summaries 1 the stsb shall publish the preliminary, interim and final reports.2 it shall publish a compendium of the summary reports periodically, i.e. at least once a year.3 it shall publish a summary of the safety recommendations at least once a year. it shall also report on progress with implementation therein.4 it shall publish its reports and summaries online.5 it shall send its reports and summaries in the various sectors ex officio to the following persons and bodies:a.public transport undertakings and related maintenance organisations;b.in relation to civil aviation:1.the airlines,2.the flying schools,3.the maintenance organisations,4.the flying instructors,5.the air traffic control bodies,6.the aerodrome managements;c.in relation to maritime navigation: the swiss shipowners' association;d.other persons and organisations concerned with flight or transport safety;e.the competent federal and cantonal authorities.art. 54 data protection 1 no persons may be named in stsb reports and summaries.2 exempted from the foregoing are the names of the undertakings, flying schools, servicing and maintenance organisations involved and the manufacturers of the means of transport involved and of its component parts, the safety equipment and the infrastructures and their component partsart. 55 statistics 1 the stsb shall publish annual statistics on incidents.2 it shall send the information on incidents:a.related to civil aviation to the international civil aviation organization (icao), the european civil aviation conference (ecac) and the european aviation safety agency (easa); b.related to maritime navigation to the international maritime organization (imo).art. 56 information on accident prevention the stsb may prepare and publish general information on accident prevention.art. 57 foreign reports 1 the stsb shall pass on foreign reports about incidents in which means of transport of swiss undertakings are involved to the competent federal office and other competent federal authorities as well as to all undertakings and persons who demonstrate a prima facie interest therein.2 it shall publish the reports online.section 6 criminal liability for failure to report art. 58 1 any person who violates the reporting obligation under article 15 paragraph 1 or 3 is liable to the penalties under article 86a paragraph 1 letter e raila.2 any person who violates the reporting obligation under article 17 paragraph 1 is liable to the penalties under article 91 paragraph 1 letter i caa.section 7 final provisions art. 59 repeal of other legislation the following ordinances are repealed:1.the stsb organisation ordinance of 23 march 201124;2.the accident investigation ordinance of 28 june 200025;3.ordinance of 23 november 199426 on the investigation of aviation accidents and serious incidents.24 as 2011 458925 as 2000 2103, 2006 4705, 2011 4573 457526 as 1994 3037, 1999 2495, 2011 4573 4579art. 60 amendment of other legislation the amendment of other legislation is regulated in the annex.art. 61 commencement this ordinance comes into force on 1 february 2015.annex (art. 60)amendment of other legislation the following ordinances are amended as follows.2727 the amendments may be consulted under as 2015 215.

745.2english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on the security units of public transport companies(ptsa)of 18 june 2010 (status as of 1 january 2018)the federal assembly of the swiss confederation,based on articles 57 paragraph 2, 87 and 92 of the federal constitution,1 and having considered the report of the transport and telecommunications committee of the national council of 3 november 20092, and the federal council report of 27 january 20103,decrees:1 sr 1012 bbl 2010 8913 bbl 2010 915art. 1 subject matter and scope 1 this act lays down the duties and powers of the security units of public transport companies.2 the transport companies governed by this act are:a.railway companies holding a concession pursuant to article 5 or a licence pursuant to article 9 of the railways act of 20 december 19574;b.railway, cable car, trolleybus, bus and ship companies holding a concession pursuant to article 6 of the carriage of persons act of 20 march 20095.4 sr 742.1015 sr 745.1art. 2 security units 1 transport companies shall operate security units where necessary to protect passengers, employees, freight, infrastructure and vehicles, and to ensure the proper operation of their services.2 there are two types of security unit: a security service and transport police.3 transport police differ from a security service in the following respects:a.they have additional tasks (art. 3 para. 2);b.they have additional powers (art. 4 para. 2);c.its staff are public officials (para. 5); andd.its staff are required to wear a uniform (para. 6).4 transport companies shall deploy security units in the light of the risks involved.5 transport police personnel shall swear an oath of public office.6 transport police personnel shall carry out their duties in uniform.7 the federal council shall regulate the initial and continuous training, equipping and arming of security units.art. 3 tasks of security units 1 security units shall:a.ensure observance of the conditions of carriage and use; andb.assist the competent authorities in the enforcement of federal criminal law in relation to offences potentially affecting the security of passengers, employees, freight, infrastructure or vehicles, or the proper operation of services.2 transport police shall also, as a second priority, assist the competent authorities at their request in the enforcement of federal criminal law in relation to other offences, insofar as resources permit.3 the transport companies that have a transport police unit may carry out air policing duties on behalf of the federal office of police. in such an event, their personnel shall be deployed in accordance with the regulations on aviation law. liability is governed by articles 1-18 of the government liability act of 14 march 19586.76 sr 170.327 inserted by annex no 3 of the fa of 16 june 2017, in force since 1 jan. 2018 (as 2017 5607; bbl 2016 7133).art. 4 powers of security units 1 security services and the transport police shall have power to:a.question persons and check their identity papers;b.stop, check and eject persons who have contravened the conditions of carriage;c.require persons who have contravened the conditions of carriage to pay a security deposit.2 transport police shall, in addition, have the power to:a.arrest persons stopped;b.confiscate items.3 confiscated items and arrested persons shall be handed over to the police without delay.4 persons unlawfully using a transport service may be arrested only if they are unable to furnish either proof of their identity or the security deposit required.5 police control and restraint techniques may be exercised only insofar as necessary for the purposes of stopping, checking, ejecting or arresting persons. handcuffs or restraints may be used where a person has been arrested for a felony or misdemeanour with a view to being handed over to the police.6 any use of police control and restraint techniques under this act is governed by the use of force act of 20 march 20088.8 sr 364art. 5 organisation 1 transport companies may set up joint security units by way of an operating agreement.2 a transport company that has its own transport police unit must offer its services to another transport company on similar terms. in the event of a disagreement on price, the federal office of transport shall adjudicate.3 transport companies may, if authorised by the federal office of transport, delegate their security service tasks to a private organisation domiciled in switzerland and majority swiss-owned. such authorisation will be granted if the private organisation can ensure compliance with the relevant provisions. the transport company shall remain responsible for the fulfilment of tasks so delegated.art. 6 data processing 1 security units may process the following data for the purposes of carrying out their tasks:a.particulars establishing a person's identity;b.particulars relating to breaches by a person of rules for the safety of passengers, employees, freight, infrastructure and vehicles and for the proper operation of the transport companies' services.2 where security service tasks have been delegated to a private organisation pursuant to article 5 paragraph 3 above, the data processing systems must be physically and logically separated from that organisation's other data processing systems.3 the provisions of the data protection act of 19 june 19929, in particular articles 16-25bis and 27, apply.9 sr 235.1art. 7 cooperation with police authorities 1 police authorities may disclose personal data to the transport police if such disclosure is in the interest of the person concerned and if that person has consented to the disclosure or if consent can be implied from the circumstances.2 the police authorities may also disclose personal data to the transport police without the consent of the person concerned in order to avert an imminent and serious threat.2bis the police authorities shall disclose personal data to the transport police if the person concerned was required to disclose his or her identity.103 the police authorities shall inform the transport police at their request as to whether a specified person is to be handed over to them.4 if requesting assistance from security units, they shall disclose to them all information necessary for the purpose.5 security units shall forward to the competent federal and cantonal police authorities all information in their possession relating to criminal offences.6 the federal council shall issue detailed rules regulating cooperation with police authorities.10 inserted by annex no 5 of the fa of 26 sept. 2014, in force since 1 jan. 2016 (as 2015 3205; bbl 2013 7185).art. 8 regulatory authority the regulatory authority for security units shall be the federal office of transport.art. 9 failure to obey 1 any person failing to heed an order given by a person manifestly carrying out security tasks shall be liable to a fine not exceeding chf 10,000.2 the prosecution and trial of such offences is a cantonal matter.art. 10 ex officio prosecution offences contrary to the swiss criminal code11 committed against security personnel acting in the course of their duties shall be prosecuted ex officio.11 sr 311.0art. 11 repeal and amendment of existing law 1 the federal act of 18 february 187812 on the administration of the railways police is repealed.2 .1312 [as 3 422 and bs 7 27; as 1958 335, 1986 1974]13 the amendments may be consulted under as 2011 3961.art. 12 referendum and commencement 1 this act is subject to the optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 october 20111414 federal council decree of 17 aug. 2011.

745.21 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on the security units of public transport companies(ptso)of 17 august 2011 (status as of 1 january 2013)the swiss federal council,based on articles 2 paragraph 7 and 7 paragraph 6 of the federal act of 18 june 20101 on the security units of public transport companies (ptsa),ordains:1 sr 745.2art. 1 subject matter this ordinance lays down requirements for the operation of public transport security units, for their training, equipment, arming and cooperation with police authorities, and for regulatory control by the federal office of transport (fot).art. 2 definitions in this ordinance:a.security undertaking means a private organisation under the article 5 paragraph 3 ptsa;b.security personnel means employees of a security or transport police service who perform security tasks.art. 3 applicable law the use of physical force, auxiliary equipment and arms is regulated by the use of force act of 20 march 20082 and the use of force ordinance of 12 november 20083.2 sr 3643 sr 364.3art. 4 permitted auxiliary equipment and arms 1 security personnel may employ the following auxiliary equipment and arms:a.restraints;b.natural and synthetic pepper sprays;c.service dogs;d.truncheons and defensive batons.2 the transport police may also use firearms.art. 5 security deposit 1 security personnel may demand the payment of a security deposit from any person in contravention of the conditions of carriage who is unable to provide satisfactory evidence of identity and address or who does not have a permanent address in switzerland.2 the amount of the security deposit depends on the likely level of the fine, the costs, and the damages and expenses incurred.3 the security deposit may be provided in cash or by debit or credit card payment, by handing over an item of value or by presenting a guarantee from a bank or insurance company established in switzerland.4 a receipt shall be issued in acknowledgment of the security deposit received.5 if a criminal complaint is filed against the person concerned, the security deposit shall be handed over to the prosecution authorities with the report of the offence. any balance remaining shall be refunded.art. 6 costs of the transport police 1 the transport police shall publish the prices of its services in a schedule of charges. 2 transport companies shall keep the accounts of the transport police separately.3 they shall offer their transport police services to other transport companies at comparable conditions. art. 7 delegation of security service duties to a security undertaking 1 the fot shall authorise a transport company to delegate security service tasks to a security undertaking if the transport company can show that the undertaking in question satisfies the conditions prescribed under article 5 paragraph 1 of the ordinance of 31 october 20074 on the use of private security companies and has been approved as a security undertaking in accordance with cantonal law, where cantonal law provides for such approval.2 the transport company shall enter into a written agreement with the security undertaking on the delegation of the security tasks. the agreement must be approved by the fot.3 the agreement shall require the security undertaking to:a.report on the implementation of the delegated tasks at the request of the transport company or the fot;b.disclose the identity of its security personnel to the transport company and to the fot;c.immediately replace security personnel who do not possess the requisite skills or who are a hindrance to the fulfilment of the tasks;d.immediately inform the transport company and the police units concerned of any circumstances liable to hinder the fulfilment of the tasks;e.immediately report to the transport company if the requirements in respect of the security undertaking and in respect of training cease to be met;f.train the security personnel in accordance with article 8 paragraph 1 below.4 the transport company shall monitor whether the security undertaking properly discharges its obligations under paragraph 3 above and the tasks delegated to it.4 sr 124art. 8 training 1 the transport company or the security undertaking shall ensure that security personnel meet the requirements laid down in article 6 of the ordinance of 31 october 20075 on the use of private security companies.2 transport police personnel who perform security tasks require a police officer certificate issued by the state secretariat for education, research and innovation6.3 the transport company or the security undertaking shall ensure that the security personnel can attend appropriate training courses. 5 sr 1246 the name of this administrative unit was amended in application of art. 16 para. 3 of the publications ordinance of 17 nov. 2004 (sr 170.512.1) on 1 jan. 2013.art. 9 identification 1 the transport company and the security undertaking shall ensure that security personnel are identifiable in the course of their duties and are not liable to be mistaken for police officers.2 the transport company or security undertaking shall ensure that the personnel of the security service who perform security tasks are identifiable when performing this function and cannot be confused with employees of the transport police or of the police authorities.art. 10 agreement with the police authorities the transport company or security undertaking shall set forth the arrangements for their cooperation with the cantonal or communal police authorities in a written agreement. a copy of this agreement must be sent to the fot.art. 11 information and reports to be given to the fot 1 the transport company or the security undertaking shall submit the following documents to the fot:a.the instructions issued to security personnel;b.other documents and information required by the fot in the exercise of its regulatory role.2 the transport company or the security undertaking shall submit to the fot by the end of march of each year a report on the activities of security units in the preceding year. the matters to be dealt with in such activity reports are set out in the annex hereto.3 the transport company and the security undertaking shall immediately notify the fot of any events which significantly hinder the fulfilment of their tasks.art. 12 transitional provision 1 the fot may grant exceptions for personnel who have hitherto performed railway police tasks under the existing law that exempt them from the training requirements (art. 8).by 30 june 2012 the transport companies shall:a.transfer the transport police tasks carried out under existing law by private organisations to a transport police service established in accordance with this ordinance;b.transfer the transport police tasks carried out under existing law by transport company personnel to security personnel in accordance with this ordinance;c.amend contracts with security undertakings entered into under existing law so as to bring them into line with this ordinance.art. 13 commencement this ordinance comes into force on 1 october 2011.annex (art. 11 para. 2)required content of activity reports the activity reports must include the following:1.reporta.priorities and challenges of the reporting yearb.cooperation between transport companies, police authorities and other security units c.overall assessment2.statisticsa.number of persons employed by security unitsb.training qualifications of employeesc.staff fluctuationsd.number and type of interventions / casese.nature and type of criminal reports filedf.number and type of cases where auxiliary instruments and arms were usedg.number of persons handed over to police authorities

748.131.3english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon airport chargesof 25 april 2012 (status as of 1 august 2019)the swiss federal council,based on article 39 of the civil aviation act of 21 december 19481 (caa), in implementation of directive 2009/12/ec2, directive 96/67/ec3 and regulation (ec) no 1107/20064 in the version valid for switzerland according to annex nos 1 and 7 of the agreement of 21 june 19995 concluded between the swiss confederation and the european community on air transport,ordains:1 sr 748.02 directive 2009/12/ec of the european parliament and the council of 11 march 2009 on airport fees3 directive 96/67/ec of the council of 15 october 1996 on access to the ground handling market at community airports4 regulation (ec) no. 1107/2006 of the european parliament and the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air5 sr 0.748.127.192.68chapter 1 general provisions art. 1 object and scope of application 1 this ordinance governs the setting and levying of charges for the use of those airport facilities which serve the purpose of flight operations as well as for access to these facilities (airport charges).2 airport charges area.flight operations charges;b.fees for access to airport installations and systems (access fees);c.fees for the use of the central infrastructure (usage fees).3 the following are included in flight operations charges:a.charges in the air traffic segment, and in particular:1.landing charges,2.passenger charges,3.aircraft parking charges,4.freight charges,5.charges with an incentive effect in relation to environmental protection;b.charges for facilities and services for disabled passengers or those with reduced mobility (prm segment) in accordance with regulation (ec) no. 1107/2006;c.charges for measures relating to air safety (air safety segment).4 this ordinance applies to airports in accordance with article 36a paragraph 1 caa.art. 2 definitions in this ordinance:a.airport operator means the owner of the operating concession according to article 36a caa;b.airport user means any natural person or legal entity responsible for the transport of passengers, postal mail or freight by air to or from the affected airport;c.sector relevant to flight operations means that sector of the airport comprising the segments air traffic, air safety and prm; also included in this sector are facilities and services for which the airport operator levies access or usage fees;d.central infrastructure means facilities and services which cannot be provided separately or in multiple versions owing to their complexity or for cost or environmental reasons;e.airside means that part of the airport which is accessible to the public only with special authorisation;f.landside means that part of the airport which is accessible to the public without special authorisation;g.economic added value means profit earned after deducting reasonable capital interest (art. 17) from the operating result before interest and after taxes or parafiscal charges.art. 3 levying of airport charges 1 the airport operator levies the airport charges.2 the operator may commission third parties to collect these charges.art. 4 publication of airport charges the airport operator publishes the airport charges in the swiss aeronautical information publication (aip).66 a paid subscription to the aip may be obtained from: skyguide, p.o. box 23, 8602 wangen bei dbendorf, switzerland; www.skyguide.ch. it may be viewed free of charge at the federal office of civil aviation (foca), mhlestrasse 2, 3063 ittigen, switzerland.art. 5 debtor for charges 1 the concession holder is the debtor for the flight operations charges for flights carried out in terms of a route-specific concession.72 if it is not possible to take legal action against the concession holder or if the flight is not carried out in terms of a route-specific concession, the operator of the arriving or departing aircraft is liable in lieu of the concession holder. if it is not possible to take legal action against the operator either, the owner of the arriving or departing aircraft is liable in lieu of the operator.82bis in the case of freight charges, the freight forwarder is jointly liable.9.3 the debtor for the access fees is the legal entity or natural person who uses the airside access. persons who require only sporadic access may be exempted by the airport operator from the payment of access fees.4 the debtor for the usage fees is the legal entity or natural person who uses the central infrastructure facilities.7 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).8 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).9 inserted by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 6 oversight the federal office of civil aviation (foca) applies the price supervision act of 20 december 198510 mutatis mutandis within the scope of its oversight of the airport charges.10 sr 942.20art. 7 decisions of the foca 1 the foca shall decide on the approval of airport charge regulations by issuing rulings.2 these rulings are published in the federal gazette.3 they come into force at the earliest 90 days after they become legally enforceable.1111 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 8 deadline for foca decisions if the foca fails to meet a decision deadline prescribed in this ordinance, the parties concerned may demand that it provide a written explanation for failing to meet the deadline and state the time by which a decision may be expected.art. 9 obligation to provide information if so requested, the airport operator must allow the foca to examine the operational accounting records of the airport.chapter 2 flight operations charges at geneva and zurich airports section 1 general provisions art. 10 charge periods 1 the charge regulations for zurich and geneva airports must specify when the airport operator will next initiate proceedings for adjusting flight operations charges.2 this target date may be at most four years after the charge regulations come into force.art. 11 adjustment before the planned target date 1 the airport operator may only initiate proceedings for changing the flight operations charges before the prescribed target date if:a.extraordinary circumstances arise which have an effect on the cost of airport operation;b.there are changes to the airport's regulatory environment which were not foreseeable and which have a substantial effect on costs.2 foca may order adjustment proceedings to be held or directly prescribe changes in the charges at any time if they do not comply with the requirements of law.art. 12 capacity surcharges 1 capacity surcharges may be levied on flights handled during times of proven capacity shortages. airlines with considerable transfer passenger traffic may not be disadvantaged in the general market environment by these surcharges.2 the amount of the surcharge is calculated according to the additional costs of services and facilities necessary to satisfy demand during peak capacity utilisation.art. 13 differentiated charges flight operations charges may be differentiated to correspond to the scope and quality of the facilities and services offered by the airport operator, if these costs differ significantly. in this case, the following applies:a.criteria defined in article 10 of directive 2009/12/ec must be observed.b.there may be no cross-financing between individual facilities and services.art. 14 pre-financing 1 projected expenditures in the environmental sector and, given the necessary approvals from the authorities, investments in facilities in the airport sector relevant to flight operations may be pre-financed through flight operations charges.2 this pre-financing must be limited in time.3 charge income from pre-financing and interest earned on these funds must be allocated to a special account in the airport operator's financial accounts. this account may only be debited for expenditures for the investment projects concerned.4 the airport operator shall provide information on the income and expenditures of its special accounts in the notes to its annual financial statements.art. 15 inflation-related cost increases 1 the airport operator must provide proof of any inflation-related cost increases added to the basis for calculating airport charges and fees.2 this proof must be provided if possible on the basis of agreements, especially with suppliers and employees. otherwise, the inflation forecasts of the swiss national bank shall be considered authoritative.3 a reasonable share of any inflation-related cost increases must be deducted to compensate for cost savings based on increases in productivity.art. 16 depreciation 1 depreciation is based on the historic procurement or manufacturing costs of non-current assets.2 they are calculated per component of non-current assets based on their useful life.art. 17 reasonable capital interest reasonable interest on the capital invested in the airport is calculated according to annex 1.art. 1812 12 repealed by no i of the o of 14 june 2019, with effect from 1 aug. 2019 (as 2019 2067).art. 1913 accounting policies 1 in its cost accounting the airport operator must list the following segments separately:a.air traffic;b.air safety;c.prm;d.usage fees;e.access fees;f.parking for road vehicles;g.public land transport;h.the sector not relevant to flight operations on the airside of the airport;i.the sector not relevant to flight operations on the landside of the airport.2 income generated in the segments listed in paragraph 1 must all be shown individually and transparently, including income from transfer payments from road vehicle parking and the airside sector not relevant to flight operations (art. 34) and income from intersegmental invoicing.3 details of income from airport charges shall be subdivided into the individual categories of charges set out in article 1 paragraphs 2 and 3. passenger-related charges must be further divided into transfer passengers and local passengers.4 the following costs must be shown separately for the segments set out in paragraph 1, and significant non-recurring effects must be indicated.a.operating costs (staff costs and contributions to occupational pension schemes must be shown separately);b.depreciation;c.costs of invoicing between the segments;d.interest and taxes.5 if the proceedings for setting airport charges as defined in article 24 paragraph 2 are conducted separately for individual groups of users, the costs and income for the items in paragraphs 1-3 must be shown separately for these user groups.6 in the notes to the annual financial statements, the airport operator shall provide a segment report for the segments set out in paragraph 1 letters a-e. in this report, the following information must be given for each segment and in total:a.the income in accordance with paragraphs 2 and 3; the subdivision between transfer passengers and local passengers need not be published in the annual accounts;b.the costs in accordance with paragraph 4; non-recurring effects and contributions to the occupational pension scheme need not be shown separately in the annual accounts;c.the assets required for operations in accordance with annex 1 number 1.1;d.the return on the assets required for operations is calculated on the basis of the operating result after calculatory taxes and parafiscal charges but before interest.7 the accuracy of the segment report in accordance with paragraph 6 must be confirmed by a government-supervised auditing company as defined in article 7 of the auditor oversight act of 16 december 200514. in addition to this annual review carried out by the audit company, the foca may request the airport operator to have additional work carried out to review the segment report.13 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).14 sr 221.302section 2 procedure art. 20 principles15 1 the following rules govern the procedure for setting flight operations charges at the geneva and zurich airports:a.the airport operator shall hold negotiations with airport users about the flight operations charges. if agreement is reached, the airport operator sets the charges based on this result (section 3).b.16if no agreement is reached or if the result of the negotiations is rejected by the foca (art. 26 para. 5), the airport operator may present the foca with a charge proposal for approval, calculating the charges on the basis of a comprehensive cost calculation in line with section 4.2 the airport operator may repeat steps in the procedure.3 if the airport operator is obliged to adjust airport charges in accordance with this ordinance or other binding agreements, it may not terminate the procedure. the airport operator may not repeat steps in the proceedings, with the exception of the comprehensive cost calculation in the event that the charge proposal is rejected by the foca.15 inserted by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).16 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 20a17 information on the procedure 1 the airport operator shall give the parties to the negotiations envisaged in article 22 paragraph 1 and the foca six months' advance notice of the start of negotiations.2 the airport operator shall give notice of the negotiations 30 days before their start in the aeronautical information circular, aic18.17 inserted by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).18 the aic may be obtained for a fee from: skyguide, p.o. box 23, 8602 wangen bei dbendorf, switzerland; www.skyguide.ch. it may be viewed free of charge at the federal office of civil aviation (foca), mhlestrasse 2, 3063 ittigen, switzerland.art. 20b19 participation of other airport users in the procedure airport users and their associations that are not directly admitted to the negotiations must apply to airport operator and to foca within 30 days in order to participate in the procedure in accordance with article 26 or article 28a.19 inserted by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).section 3 joint setting of charges art. 21 principle flight operating charges which are set on the basis of negotiations (art. 20 para. 1 let. a) must be within the scope of legal requirements; in particular, they may not produce income which exceed the costs shown for the airport sector relevant to flight operations (art. 39 para. 5 caa).art. 22 parties to the negotiations 1 the airport operator shall invite the following airport users to the negotiations:a.the two largest airlines (in terms of passenger volume at the affected airport) which are independent of each other;b.representative(s) of the commercial airlines operating in switzerland;c.representative(s) of the business aviation airlines operating in switzerland;d.representative(s) of light aviation and air sport in switzerland;e.representative(s) of the freight forwarders in switzerland.2 the foca shall take part in the negotiations as an observer.art. 2320 preliminary proceedings 1 no later than three months before start of negotiations, the airport operator shall give notice of the dates for the negotiations.2 no earlier than five months and no later than three months before the start of negotiations, the airport operator shall request the parties to the negotiations envisaged in article 22 paragraph 1 to provide the following information:a.information on the projected development of their flight operations over the next three years, making a distinction between local and transfer traffic;b.the projected composition and envisaged use of their fleets;c.any planned expansions of their activity at the affected airport;d.their operational and infrastructural requirements at the airport concerned.3 the airport users shall provide the data in accordance with paragraph 2 within 30 days. if the airport users fail to provide the information, the airport operator shall use its own prognoses.4 no later than one month before the agreed start of negotiations, the airport operator shall provide airport users taking part in the negotiations with a charge proposal and detailed information on the mathematical and financial principles used to calculate the charge in the proposal. the charge proposal shall contain the following in particular:a.detailed information on the services and facilities funded by the flight operations charges;b.the following information at least in relation to the previous charge period and corresponding prognoses at least for the charge period to which the negotiations relate:1.detailed information on the implementation of the requirements in accordance with articles 12-17,2.information in accordance with article 19 on matters relevant to flight operations;c.an explanation of and justification for the methodology used in calculating the prognoses in accordance with letter b;d.justification for changes in the costs to be detailed in accordance with letter b.5 the airport operator shall disclose and justify the traffic prognoses used. in doing so, it shall ensure that business secrets of the airport users are not revealed. it shall disclose and justify the methodology used for calculating the traffic prognoses.20 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 24 organisation of negotiations 1 the airport operator shall organise the negotiations.2 the operator may conduct separate negotiations with the airlines as defined in article 22 paragraph 1 letters a and b and with individual other users or with all of the other users together.3 a time frame of at least three months must be planned for the procedure.art. 25 conclusion of agreement or failure of the negotiations 1 the airport operator shall conclude an agreement with the airport users taking part in the negotiations. if negotiations with individual groups of users were conducted separately, separate agreements shall be concluded with each of these groups.2 the agreements concluded by the parties to the negotiation must contain provisions governing:a.the charge system;b.the amount of the charges;c.the length of the charge period.3 if no agreements have been concluded by the end of the fourth month after the start of negotiations, the negotiations are regarded as having failed. the foca may extend this deadline once by two months upon receiving a joint application to do so from all parties to the negotiations.art. 2621 review, adjustment and approval of the agreements 1 the airport operator shall inform the airport users who have applied in accordance with article 20b of the results of negotiations. as a minimum, the operator shall provide information about the charge system, the amount of the charges and the most important principles applied in the calculation.2 within three weeks of receiving this information, an application to the airport operator to change the results of the negotiations may be made by:a.airport users who have applied in accordance with article 20b;b.the airport users concerned and their associations who were indirectly admitted to the negotiations through an association, but who have rejected the result of the negotiations;3 the parties to the negotiations shall consider whether they wish to make changes to the agreement on the basis of any applications thus received.4 the airport operator shall inform airport users who have applied in accordance with article 20b within one month of the expiry of the application deadline of the results of this consultation and any changes to the agreements. within 30 days after receiving this information, an airport user or an association as defined in paragraph 2 may apply to the foca for a review of the results of the negotiations if its application was not accommodated. the grounds for the application must be stated.5 if application is made to the foca for a review in accordance with paragraph 4, the foca shall approve the agreements if the criteria defined in section 1 of this chapter and article 21 have been fulfilled. it shall publish information on its probable decision within 30 days. it shall make a decision within 60 days of receipt of the application.21 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 2722 issue of the charge regulations the airport operator shall issue the charge regulations in accordance with the agreements. the regulation shall come into effect no earlier than 90 days after the date on which all the procedural steps in accordance with this ordinance have been definitively concluded.22 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).section 4 approval of charges on the basis of a comprehensive cost calculation art. 28 charge proposal 1 if the airport operator provides the foca with a charge proposal based on a comprehensive cost calculation (art. 20 para. 1 let. b), a detailed basis for the calculation must be attached.232 the operator must submit further documentation to the foca if this is necessary in order to evaluate the amount of the charges.23 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 28a24 granting a hearing 1 in addition to the charge proposal in accordance with article 28, the airport operator must submit to foca a version of the charge proposal in which business secrets are redacted. the foca must be given an explanation as to why these parts have been redacted.2 the foca shall within 20 days send the version of the charge proposal with the business secrets redacted to the parties to the negotiations in accordance with article 22 paragraph 1 and to the airport users that have applied in accordance with article 20b so that they may express their opinions.24 inserted by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 29 calculation rules 1 the charges are calculated separately for the segments air traffic, air safety and prm.2 the basis for calculating flight operations charges is:a.the projected annual operating costs of the facilities and services for each segment, accounting for inflation (art. 15 para. 1 and 2) and increases in productivity (art. 15 para. 3);b.the projected expenditures for taxes and parafiscal charges, excluding recoverable value-added tax;c.the projected annual depreciation (art. 16);d.reasonable capital interest (art. 17).3 the following income shall be deducted from the costs:a.earnings generated in each segment from sources other than flight operations charges;bin the air traffic segment: transfer payments from the sector not relevant to flight operations in accordance with article 34;c.subsidies.art. 30 "originator pays" principle the "originator pays" principle applies to the allocation of overhead costs and the internal invoicing of services between the cost centres of the sector relevant to flight operations as well as between the sector relevant to flight operations and the sector not relevant to flight operations.art. 31 facilities and services in the air traffic segment 1 the airport operator allocates facilities and services to the air traffic segment as defined in annex 2.2 the operator may allocate further facilities and services to the air traffic segment if they fulfil the following conditions:a.they are provided exclusively by the airport operator or under its responsibility.b.they do not fall in the air safety or prm segments.c.they are not financed through access or usage fees.d.they are mandatory for securing flight operations, especially:1.take-offs and landings of aircraft, including the use of the taxiways and aprons;2.parking of aircraft;3.handling of passengers and their baggage in conjunction with take-offs and landings; or4.handling of air freight directly to and from the aircraft.art. 32 facilities and services in the air safety segment 1 the air safety segment includes all facilities and services that the airport operator is responsible for providing for the purpose of air safety.2 facilities and services in the area of air safety which the airport operator provides for access to the airport site by persons other than passengers may alternatively be refinanced through access fees.art. 33 facilities and services in the prm segment the prm segment includes all facilities and services which must be provided by the airport operator under regulation (ec) no 1107/2006.art. 3425 transfer payments for the air traffic segment 1 30% of the economic added value of the sector of the airport not relevant to flight operations on the airside and in the road vehicle parking sector shall be used in the form of transfer payments to finance the costs of the segment air traffic in the sector relevant to flight operations.2 if reasonable capital interest cannot be earned on average during one charge period in a sector affected by the transfer payments defined in paragraph 1, the difference may be deducted from the transfer payments, with the deduction distributed across the following two charge periods, in an amount no higher than the percentage defined in paragraph 1.3 the airport operator may divide the transfer payment among the individual charge sectors within the air traffic segment according to the respective contributions made by these sectors to the generation of economic added value.25 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 35 decision of the foca and issue of the charge regulations 1 the foca shall provide information on its probable decision within 30 days. its decision shall be made within four months days of receipt of the charge proposal. in justified exceptional cases, this period may be extended to six months.262 the airport operator shall issue the charge regulations in accordance with the approval decision.26 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).section 5 . art. 36-3827 27 repealed by no i of the o of 14 june 2019, with effect from 1 aug. 2019 (as 2019 2067).chapter 3 flight operations charges at other airports art. 39 basis of calculation 1 the charges for airports other than geneva and zurich may be set at such a level that their total does not exceed the sum of the costs of the facilities and services in the airport sectors which are both relevant and not relevant to flight operations minus all income not produced through flight operations charges.2 the airport operator may subdivide services and facilities in the air safety and prm segments into separate sectors for the purpose of calculating charges. in these sectors, the charges may cover the full amount of the costs.art. 40 accounting policies 1 cost accounting must be prepared individually for the air traffic segment and, if necessary, the air safety and prm segments.2 earnings generated at the airport through flight operations charges must be shown individually and transparently.art. 41 consultation proceeding in the event of charge adjustments 1 any charge adjustments must be communicated to the airport users concerned at least four months before they are scheduled to come into force.2 the airport users concerned must be provided with the following statements on the planned change in charges:a. the cost bases for the charge calculation;b. the relevant air traffic forecasts.3 the airport operator shall consult the airport users concerned or their associations on the planned charges in an oral or written procedure.4 in the case of a written procedure, the deadline for submitting opinions shall be at least one month from the time of the notice of a planned charge adjustment.5 in the case of an oral procedure, the consultation documents must be provided to those taking part in the consultation at least two weeks before it takes place. the results of the consultation must be provided to the participants in the form of written minutes.art. 42 publication and review 1 the airport operator shall publish the changes in charges in the aeronautical information circular (aic) at least 30 days before they come into force28.2 each airport user concerned may apply to the foca within 30 days of publication in the aic29 to request a review of the charges. the grounds for the application must be stated.303 the foca shall decide on the approval of the charge proposal within 60 days after receiving the application.28 a paid subscription to the aic may be obtained from: skyguide, p.o. box 23, 8602 wangen bei dbendorf, switzerland; www.skyguide.ch. it may be viewed free of charge at the federal office of civil aviation (foca), mhlestrasse 2, 3063 ittigen, switzerland.29 see footnote to art. 20a para. 2.30 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).chapter 4 joint provisions for all airports section 1 access and usage fees art. 43 access fees 1 the airport operator may levy an access fee for air safety facilities and services which it provides for access to the airside by persons other than passengers.2 access fees may be levied in particular for:31a.access by vehicles and persons;b.access and security control of employees and vehicles.3 facilities and services made available to individual companies for their exclusive access to the airside may not be financed through access fees.31 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 44 usage fees 1 the airport operator may levy a usage fee for the provision and operation of central infrastructure facilities for carrying out ground handling and maintenance services.2 the airport operator defines the central infrastructure facilities in its operating regulations.3 provisions governing the usage fees do not apply if the airport operator commissions a third party to provide and operate the central infrastructure.4 additional services that are provided for the benefit of individual users may not be financed through usage fees.art. 45 assessment of access and usage fees 1 there are separate segments for usage and access fees. any shortfalls in the access fees segment may be charged to the air safety segment.2 access and usage fees are assessed according to the following costs:a.operating costs;b.expenditures for taxes and parafiscal charges, excluding recoverable value-added tax;c.depreciation (art. 16);d.reasonable capital interest (art. 17).3 the assessment of individual tariffs must take place on the basis of criteria which do justice to the originator pays principle. fixed charges may be set.4 the costs and income must be shown individually and transparently for each segment and be published in the notes to the annual financial statements. for geneva and zurich airports, the requirements of article 19 must be met.3232 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 46 publication and review 1 the airport operator shall publish the access and usage fees in the aic33 at least 30 days before they come into force. it shall provide information on the financial and mathematical principles used in the calculation.342 the affected airport users can apply to the foca within 30 days of this publication to request a review of the amount of the access and usage fees. the grounds for the application must be stated.353 the foca will make a decision within 60 days of receipt of the application.33 see footnote to art. 42 para. 1.34 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).35 amended by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).section 2 charges with a steering effect in relation to environmental protection art. 47 consideration of noise and pollutant emissions 1 when setting the flight operations charges, aircraft with a low impact on the environment must receive preferential treatment.2 methods for evaluating this impact must correspond to the recognised state of the technology. the foca can recommend suitable evaluation methods.3 at a minimum, the following emissions must be taken into account:a.aircraft noise generation along the flight path at take-off;b.nitrogen oxide and hydrocarbon emissions during the aircraft's take-off and landing cycles. art. 48 measuring devices and calculation methods 1 measuring devices used to determine noise emissions are subject to the measuring instruments ordinance of 15 february 200636 and the corresponding implementation provisions from the federal department of justice and police.2 internationally recognised and harmonised calculation methods from international civil aviation organisations must be used to determine pollutant emissions.36 sr 941.210art. 49 first/last hours higher flight operations charges may be set for take-offs and landings during the first and last hours of daily flight operations.chapter 5 final provisions art. 50 amendment of current law .3737 the amendment may be consulted under as 2012 2753.art. 51 transitional provisions 1 flight operations charges must be adjusted to conform to this ordinancea.at the latest by 1 january 2014 at the geneva and zurich airports;b.at the latest with the first charge adjustment after this ordinance takes effect in the case of the other airports.2 access and usage fees must be adjusted to conform to this ordinance by 1 june 2015 at the latest.3 charges applicable before this ordinance comes into force continue to apply until the new charges come into force.4 if the airport operator demonstrates that its annual average return for the entire airport operation over the ten years before this ordinance comes into force is below that of reasonable capital interest for the same period (art. 17 and annex 1), it may apply to the foca for consideration of part of this difference when airport charges are set. in this case, the following applies:a.the difference in return must be demonstrated in detail and confirmed by a government-supervised auditing company as defined in article 7 of the audit supervision act of 16 december 200538.b.the foca may approve financing of up to 50% of the difference in return.c.consideration of the difference in return when setting airport charges as defined in this paragraph is only permitted until 31 october 2018. the foca may extend this deadline once by three years on receiving an application to do so from the airport operator.38 sr 221.302art. 51a39 transitional provision of 14 june 2019 1 the flight operations charges for geneva and zurich airports must be adjusted no later than the conclusion of the first charge adjustment procedure after this ordinance comes into force. procedures ongoing when this ordinance comes into force shall be terminated in accordance with the ordinance that applied at the start of the procedure. the start of the procedure is deemed to be the date in accordance with article 10 paragraph 1 on which the airport operator began the procedure.2 the flight operations charges for other airports must be adjusted in accordance with this ordinance no later than the first charge adjustment after this ordinance comes into force.3 the access and usage fees must be adjusted in the first adjustment after this ordinance comes into force.39 inserted by no i of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).art. 52 commencement this ordinance comes into force on 1 june 2012.annex 140 40 revised by no ii of the o of 14 june 2019, in force since 1 aug. 2019 (as 2019 2067).(art. 17)calculation of reasonable capital interest for geneva and zurich airports 1 with regard to the annual interest rate set for assets required for operations, the following must be taken into account:1.1 assets required for operations are:1.1.1 the residual procurement and/or manufacturing values of the existing plant, property and equipment which result after depreciation at the end of the fiscal year; and1.1.2 operationally necessary net current assets.1.2 the interest rate is calculated according to the weighted average cost of capital (wacc). the wacc is set at the level of the operating result after calculatory taxes and parafiscal charges but before interest (waccs).1.3 the waccs is measured according to the following formula: 1.4 the individual parameters in the formula referenced under 1.3 are defined as:1.4.1 ek = equity1.4.2 fk = debt capital1.4.3 ke = cost of equity = rf + (rm - rf*) whereby rf = returns on secure investments: these are measured according to the average (arithmetic mean) of the monthly yields on 10-year swiss government bonds over the previous 10 years. = systematic, non-diversifiable equity risk: the airport's is calculated on the basis of the average of the unlevered (assuming an equity ratio of 100%) of the affected airport and at least 10 comparable airports. the selection of the comparison airports must be kept stable over time. when calculating the unlevered for each airport, is calculated as a linear regression over the previous 5 years of the monthly course of the rate of return of the share of the affected airport compared with the course of the of the rate of return of the most broadly based country-specific stock market index.(rm - rf*) = market risk premium: this is calculated as the difference between the average stock market return (rm) based on historic values and the return on secure investments (rf*). the average stock market return corresponds to the arithmetic mean of the annual return achieved on the swiss stock market since 1926. the average return on secure investments corresponds to the arithmetic mean of the annual return achieved on swiss federal bonds since 1926.1.4.4 kf = cost of debt capital = whereby p = debt capital risk premium: this is measured according to the average of the 10-year monthly spread between the yields on bonds with a rating corresponding to that of the airport and the yields on government bonds with the same term. the determination of the applicable rating is made by comparing the ratings of the comparison airports used to calculate . if it can be demonstrated that the actual annual borrowing costs (costs of debt capital) during the charge period will be significantly higher than the borrowing costs estimated on a market basis according to the formula, then kf may be calculated on the basis of the actual borrowing costs.1.4.5 s = tax rate: this is determined as the 5-year average (arithmetic mean) of the ratio between annual tax expenses and annual pre-tax profits.1.5 capital structure (ratio of debt capital to equity): this is determined on the basis of the 5-year average of the market-value capital structures of the comparison airports used to calculate .2 special circumstances in the sector not relevant to flight operations may be taken into account when calculating reasonable capital interest. the airport operator may modify the calculation as follows:2.1 the operator may take account of existing special business and financing risks in the sector not relevant to flight operations.2.2 the operator may apply an additional parameter when calculating reasonable capital interest in the sector not relevant to flight operations; this parameter takes account of the demonstrably greater expectation of returns of minimally capitalised companies (i.e. "size premium"). calculation of the size premium must be based on best practices and data from recognised service providers.2.3 reasonable capital interest in the sector not relevant to flight operations may, in derogation from 1.1.1, be calculated on the basis of the market value of the clearly allocated assets. for this purpose, the book value of the assets is multiplied by the 5-year average of the ratio between the market value and the book value of the equity of the airport concerned or of comparison airports.annex 2 (art. 31 para. 1)facilities and services allocated to the air traffic segment 1 insofar as they are not listed as central infrastructure facilities in the airport's operating regulations and subject to usage fees the facilities in the air traffic segment comprise:1.1 the airfield, including aircraft stands and facilities (runways, taxiways, aprons, aircraft stands);1.2 share of passenger traffic areas;1.3 passenger transport systems airside, trolleys;1.4 check-in areas and facilities;1.5 operative freight warehousing systems which are directly necessary for freight handling to and from aircraft and are located on the airport site;1.6 customs areas and facilities;1.7 emergency and security infrastructures (air safety);1.8 share of landside access.2 the services of the air traffic segment comprise:2.1 apron supervision and controls;2.2 operation and maintenance of the airfield, including aircraft stands and facilities (runways, taxiways, aprons, aircraft stands);2.3 passenger transport systems airside/trolley services;2.4 emergency services (safety).annex 341 41 repealed by no iii of the o of 14 june 2019, with effect from 1 aug. 2019 (as 2019 2067).

748.941english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.detec ordinance on special category aircraft(osca)1of 24 november 1994 (status as of 1 january 2019)1 amended by no i of the detec ordinance of 16 oct. 2009, in force since 1 dec. 2009 (as 2009 5399).the federal department of the environment, transport, energy and communications2 (detec),on the basis of article 57 paragraphs 1 and 2 of the civil aviation act of 21 december 19483 (caa) and of articles 2a paragraph 3, 21, 24 paragraph 1 and 125 paragraph 2 of the civil aviation ordinance of 14 november 19734,and in implementation of implementing regulation (ec) no 923/20125 in the version currently binding on switzerland in accordance with annex no 5 of the agreement of 21 june 19996 between the swiss confederation and the european union on air transport,7ordains:2 name in accordance with unpublished fcd of 19 dec. 1977.3 sr 748.04 sr 748.015 commission implementing regulation (eu) no 923/2012 of 26 sept. 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending implementing regulation (eu) no 1035/2011 and regulations (ec) no 1265/2007, (ec) no 1794/2006, (ec) no 730/2006, (ec) no 1033/2006 and (eu) no 255/2010.6 sr 0.748.127.192.687 amended by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).section 1 scope of application art. 18 this ordinance applies to hang gliders, both unpowered and with an electric motor, manned kites, paragliders, tethered balloons, parachutes and unmanned aircraft.8 amended by no i of the detec ordinance of 24 june 2015, in force since 15 july 2015 (as 2015 2193).section 2 common provisions art. 2 swiss aircraft registry and airworthiness 1 aircraft under article 1 are not recorded in the swiss aircraft registry.2 subject to article 20a, their airworthiness is not tested.93 no noise certificates are issued for them.9 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).art. 3 place of take-off and landing 1 aircraft under article 1, with the exception of hang gliders with electric motors, are under no obligation to take off or land at an aerodrome.102 the rights of persons entitled to the property concerned to prevent trespassing and to compensation for any damage caused are in every case reserved.10 amended by no i of the detec ordinance of 24 june 2015, in force since 15 july 2015 (as 2015 2193).art. 4 public air shows no authorisation is required from the federal office of civil aviation (foca)11 for public air shows that exclusively involve the use of aircraft under article 1.11 term in accordance with no i of the detec ordinance of 16 oct. 2009, in force since 1 dec. 2009 (as 2009 5399). this amendment has been made throughout the text.art. 5 commercial flights no authorisation is required from foca for commercial flights using aircraft under article 1.art. 5a12 references to sera the provisions of the annex to implementing regulation (eu) no 923/2012 are referred to with the abbreviation sera13 and the relevant number.12 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).13 sera = standardised european rules of the air section 3 hang gliders art. 614 definition hang gliders are: any aircraft that may be foot-launched, in particular hang gliders and paragliders, provided that immediately after take-off they are used for gliding or parachuting; hang gliders and paragliders with electric motors that may be foot-launched or that are equipped with undercarriage, provided that after take-off and a subsequent flight phase they can be used for gliding or parachuting.14 amended by no i of the detec ordinance of 24 june 2015, in force since 15 july 2015 (as 2015 2193).art. 715 swiss licences 1 any person who wishes to fly a hang glider must hold the relevant official swiss licence. the minimum age for training flights is 14; the minimum age for acquiring the official licence is 16.2 any person who wishes to fly a hang glider with an accompanying person (tandem hang glider) must hold the relevant official swiss licence. an official swiss licence for commercial tandem hang glider flights is valid for three years.3 training flights may only be carried out under the direct supervision of a person holding the official instructor's licence; they need not be carried out by a training organisation. an instructor's licence is valid for three years.164 the tests required to obtain the licences shall be conducted by foca-recognised experts in accordance with foca-approved directives. the admission requirements for the tests and the requirements for the renewal of the licences are specified in the directives.15 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).16 amended by no ii of the detec ordinance of 10 oct. 2018, in force since 1 jan. 2019 (as 2018 3847).art. 7a17 foreign licences 1 the holder of a foreign licence may apply to the office designated by foca to have the licence recognised in order that they may carry out occasional, non-commercial hang glider flights with or without an accompanying person.2 the holder of a foreign licence that entitles them to carry out an economic activity in the issuing state may apply to the office designated by foca to have the licence recognised in order that they may carry out training flights and commercial tandem hang glider flights in switzerland, provided that one of the following treaties authorises them to do so:a.the agreement of 21 june 199918 between the european community and its member states, of the one part, and the swiss confederation, of the other, on the free movement of persons (afmp), annex 3;b.the convention of 4 january 196019 on the establishment of the european free trade association (efta convention), annex k.3 service providers with a licence giving them the right to pursue an economic activity in a contracting state under the afmp or the efta convention (training and commercial hang glider flights with an accompanying person) shall notify the competent authority in accordance with the federal act of 14 december 201220 on the declaration requirement and the verification of service provider qualifications in regulated professions.17 inserted by no ii of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).18 sr 0.142.112.68119 sr 0.632.3120 sr 935.01art. 7b21 licence carrying requirement a person must carry their licence when flying a hang glider.21 inserted by no 2 of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).art. 8 traffic and operating regulations 1 taking off and landing on public roads and ski pistes are prohibited.2 when flying, pilots must maintain an adequate distance from or avoid groups of people in the open air, buildings, public roads, ski pistes, public transport infrastructure such as railway lines, cableways and ski lifts, overhead electrical cables and other cables.3 flights over national and customs borders are permitted provided no goods are being carried; the pilot must carry the documents required to cross the border. foreign legal provisions are reserved.4 flying hang gliders on public waters is subject to the federal legislation on the inland navigation and the relevant cantonal regulations.5 the towing of hang gliders using winches, vehicles or ships to an altitude exceeding 150 m above the ground is subject to authorisation from foca.6 in addition, the regulations applicable to gliders in regulation (eu) no 923/2012 and the detec ordinance of 20 may 201522 on traffic regulations for aircraft apply, with the exception of the regulations on minimum altitude.2322 sr 748.121.1123 amended by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).art. 9 flight restrictions 1 the use of hang gliders below a height of 2000 feet above the reference point of an aerodrome without a control zone (ctr) or with an inactive ctr is prohibited:24a.within a distance of 5 km from the runways of any civil aerodrome intended for use by aircraft;b.within a distance of 5 km from the runways of any military aerodrome intended for use by aircraft during military flight duty times;c.25within a distance of 2.5 km from the reference point of a helipad.2 if safety is guaranteed, exceptions to these restrictions may be authorised:a.at aerodromes with air traffic control services: by the air traffic control unit in agreement with the aerodrome manager;b.at other aerodromes: by the aerodrome manager.2624 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).25 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).26 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).art. 10 third party liability insurance 1 third party liability claims made by third parties on the ground must be covered by the hang glider proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.1bis the owner of the tandem hang glider must have liability insurance for a guaranteed amount to cover passenger liability claims; the guaranteed amount for commercial flights is at least chf 5 million, and for other flights, chf 1 million.272 if the proprietor is resident abroad, a foreign third party liability insurance policy in his or her name with the same guaranteed cover is sufficient for flights in switzerland, provided this policy also covers third party claims made in switzerland.3 the pilot must carry the third party liability insurance certificate when flying the hang glider.27 inserted by no 2 of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).art. 10a28 special provisions for hang gliders with electric motors 1 hang gliders with electric motors must meet the airworthiness requirements of the german federal aviation office (lba) for gravity controlled microlight aircraft of types foot-launch ul and trike in its version of 17 march 200529 or an earlier version that was applicable at the time of type certification.2 they may only take off from and land at aerodromes.3 authorisation from the aerodrome manager is required for take-off and landing.28 inserted by no i of the detec ordinance of 24 june 2015, in force since 15 july 2015 (as 2015 2193).29 the airworthiness regulations can be obtained for a fee from the german federal aviation office or from the publisher acting on its behalf at www.lba.de > a-z > gesetze und verordnungen > nachrichten fr luftfahrer und luftfahrthandbuch.section 4 manned kites, paragliders and tethered balloons art. 11 authorisation requirement and third party liability insurance30 1 manned kites, paragliders and tethered balloons may only be flown with authorisation from foca. foca shall specify the requirements for authorisation and the operating conditions on a case-by-case basis.2 third party liability claims made by third parties on the ground must be covered by the aircraft proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.30 amended by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).art. 11a31 traffic regulations with the exception of the regulations on minimum altitude, the following traffic regulations apply to manned kites, paragliders and tethered balloons:a.in the first place, those contained in implementing regulation (eu) no 923/2012; b.the regulations contained in this ordinance, where applicable.31 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).section 5 parachutes art. 1232 traffic regulations parachute jumps are subject to the regulations contained sera.3101, 3115, 3125, 3145, 3201 und 3205.32 amended by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).art. 12a33 authorisation requirement 1 parachute jumps over and in the vicinity of aerodromes, or in airspace of classes c und d require authorisation.2 authorisation is granted by the competent air traffic control unit or, if there is no such unit at the aerodrome, by the aerodrome manager.3433 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).34 amended by no iii of the detec ordinance of 13 sept. 2017, in force since 12 oct. 2017 (as 2017 5067).art. 12b35 landing area for parachute jumps outside aerodromes 1 the landing area must be reconnoitred before the jump. it must be free of obstacles in relation to the type of parachute used and be marked with a clearly visible. the surface wind must be indicated by a windsock or other suitable device.2 before a landing area is marked, permission must be obtained from the proprietor of the land.3 landings on public roads are prohibited. landings in densely populated zones of settlements or on public waters are only permitted with the consent of the competent police authorities.35 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).art. 12c36 jump supervision 1 jumps must be made under the direct supervision of a responsible manager.2 they may only be made when an observer has confirmed by radio or signals that the required airspace is free of aircraft.36 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).art. 13 third party liability insurance 1 third party liability claims made by third parties on the ground must be covered by the parachute proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.2 for the case of an emergency jump, the policy for the aircraft that guarantees third party liability claims made by the third parties on the ground must also cover the use of the parachute.3 the third party liability insurance certificate must be carried when jumping.section 6 unmanned aircraft weighing over 30 kg art. 14 categories 1 unmanned aircraft, in particular manned kites, paragliders, tethered balloons, free-flying balloons and model aircraft that weigh more than 30 kg may only be flown with authorisation from foca. the foca shall specify the requirements for authorisation and the operating conditions on a case-by-case basis.2 third party liability claims made by third parties on the ground must be covered by the aircraft proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.art. 14a37 traffic regulations 1 the following traffic regulations, with the exception of the regulations on minimum altitude, apply to unmanned aircraft weighing over 30 kg:a.in the first place, those contained in implementing regulation (eu) no 923/2012; b.the regulations contained in this ordinance, where applicable.2 the following traffic regulations apply to model aircraft:a.38of those contained in implementing regulation (eu) no 923/2012, only sera.3101, 3115, 3120 und 3145;b.the regulations contained in this ordinance, where applicable.37 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).38 the correction of 18 july 2017 relates to the french text only (as 2017 3737).section 7 unmanned aircraft weighing up to 30 kg art. 14b39 traffic regulations 1 the following traffic regulations, with the exception of the regulations on minimum altitude, apply to unmanned aircraft weighing up to 30 kg:a.in the first place, those contained in implementing regulation (eu) no 923/2012;b.the regulations contained in this ordinance, where applicable.2 the following traffic regulations apply to model aircraft:a.40of those contained in implementing regulation (eu) no 923/2012, only sera.3101, 3115, 3120 und 3145;b.the regulations contained in this ordinance, where applicable.39 inserted by annex 2 of the detec ordinance of 20 may 2015 on traffic regulations for aircraft, in force since 15 june 2015 (as 2015 1643).40 the correction of 18 july 2017 relates to the french text only (as 2017 3737).art. 15 restrictions on manned kites, paragliders and tethered balloons it is prohibited to fly manned kites, paragliders and tethered balloons:a.higher than 60 m above the ground;b.within a distance of 3 km from the runways of any civil or military aerodrome.art. 1641 restrictions on free-flying balloons 1 it is prohibited to release free-flying balloons:a.filled with combustible gas;b.carrying a load exceeding 2 kg; orc.with a volume exceeding 30 m3.2 the following restrictions apply within a distance of 5 km from the runways of any civil or military aerodrome:a.the volume of the balloon may not exceed 1 m3.b.no balloons with an open flame (sky lantern) or with an attached payload may be released, with the exception of competition response cards not exceeding a4 size that are attached to the balloons.c.no more than 300 balloons may be released at the same time.d.the balloons may not be tied together.41 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).art. 1742 restrictions on model aircraft 1 any person who flies a model aircraft weighing up to 30 kg must always maintain direct eye contact with the aircraft and must be able to steer it at all times.432 flying model aircraft weighing between 0.5 and 30 kg is prohibited:a.within a distance of 5 km from the runways of any civil or military aerodrome;b.44in active ctrs, if the aircraft may exceed an altitude of 150 m above the ground;c.45within a radius of 100 metres from groups of people in the open, unless the flight takes place at a public air show under article 4.42 amended by no i of the detec ordinance of 16 oct. 2009, in force since 1 dec. 2009 (as 2009 5399).43 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).44 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).45 inserted by no i of the detec ordinance of 30 june 2014, in force since 1 aug. 2014 (as 2014 2315).art. 1846 exceptions to the restrictions 1 exceptions to the following restrictions may be authorised as follows:a.restrictions under articles 15 letter b, 16 paragraph 2 and 17 paragraph 2: letters a and b; 1.47at aerodromes with air traffic control services: by the air traffic control unit in agreement with the aerodrome manager,2.at other aerodromes: by the aerodrome manager;b.restrictions under articles 15 letter a, 16 paragraph 1 ctr: by foca.482 such exceptions may only be authorised if the other users of the airspace and third parties on the ground are not endangered.3 the authorisation may be made subject to conditions.46 amended by no i of the detec ordinance of 16 oct. 2009, in force since 1 dec. 2009 (as 2009 5399).47 amended by no iii of the detec ordinance of 13 sept. 2017, in force since 12 oct. 2017 (as 2017 5067).48 amended by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999).art. 19 cantonal regulations the cantons may issue regulations for unmanned aircraft that weigh less than 30 kg on the reduction of environmental pollution and on the risk to persons and property on the ground (art. 51 para. 3 caa).art. 20 third party liability insurance 1 third party liability claims made by third parties on the ground must be covered by the proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.2 cover for third party liability claims is not required for:a.manned kites and paragliders that weigh less than 1.0 kg and that have a maximum climbing height of less than 60 m;b.tethered balloons with a load capacity of less than 0.5 kg, a load volume of less than 30 m3 and a maximum climbing height of less than 60 m;c.free-flying balloon with a load capacity of less than 0.5 kg and load volume of less than 30 m3;d.model aircraft that weigh less than 0.5 kg.3 the third party liability insurance certificate must be carried when the aircraft are in operation.section 7a49 type-certificate for model aircraft 49 inserted by no i of the detec ordinance of 10 aug. 2016, in force since 1 jan. 2017 (as 2016 2999). art. 20a 1 type-certificates for model aircraft may be requested from the foca.2 the licensing procedure and airworthiness requirements are governed by articles 9 paragraphs 1 and 2, and 10 of the detec ordinance of 18 september 199550 on airworthiness of aircraft.50 sr 748.215.1section 7b51 criminal provisions 51 originally: section 7a. inserted by no i 8 of the detec ordinance of 4 march 2011, in force since 1 april 2011 (as 2011 1155). art. 20b52 any person who fails to comply with an obligation under article 10 is liable to the penalties set out in article 91 paragraph 1 letter i caa.52 originally: art. 20a.section 8 final provisions art. 21 repeal of current legislation the following are repealed:a.the hang glider ordinance of 14 march 198853;b.the ordinance of 14 march 198854 on restrictions on certain aircraft and projectiles.53 [as 1988 549]54 [as 1988 554, 1992 548 no ii 2]art. 22 amendment of current legislation .5555 the amendments may be consulted under as 1994 3076.art. 23 transitional provision insurance cover for third party liability claims must comply with articles 11 paragraph 2 and 20 paragraph 1 within six months at the latest after this ordinance comes into force.art. 24 commencement this ordinance comes into force on 1 january 1995.

780.11 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon the surveillance of post and telecommunications(spto)of 15 november 2017 (status as of 3 december 2019) the swiss federal council,based on the federal act of 18 march 20161 on the surveillance of post and telecommunications (spta), on articles 269bis paragraph 2, 269ter paragraph 4 and 445 of the criminal procedure code (crimpc)2 and on articles 70bis paragraph 2, 70ter paragraph 4 and 218 of the military criminal procedure code of 23 march 19793 (mcpc),ordains:1 sr 780.12 sr 312.03 sr 322.1chapter 1 general provisions section 1 introduction art. 1 subject matter and scope of application 1 this ordinance regulates the organisational aspects of and procedure for the surveillance of post and telecommunications and the provision of information on postal and telecommunications services.2 it applies to:a. ordering authorities and the authorities directing proceedings;b. approval authorities;c. federal, cantonal and communal police forces;d. the federal intelligence service (fis);e. the state secretariat for economic affairs (seco);f. federal and cantonal authorities competent to deal with administrative criminal cases;g. the post and telecommunications surveillance service (ptss);h. postal service providers (psps);i. telecommunications service providers (tsps);j. the providers of services based on telecommunications services and that enable one-way or multi-way communication (providers of derived communication services);k. operators of internal telecommunications networks;l. persons who allow third parties to use their access to a public telecommunications network;m. professional retailers of cards and similar means of gaining access to a public telecommunications network.art. 2 terms and abbreviations the terms and abbreviations used in this ordinance are defined in the annex.section 2 surveillance order art. 3 submissions to the ptss 1 the ordering authority shall use one of the following transmission channels to submit surveillance orders and orders for their extension or termination to the ptss and to notify it of the access rights to be established:a. a secure means of transmission authorised by the ptss;b. post or fax, if a means of transmission in accordance with letter a is unavailable for technical reasons; orc. telephone in urgent cases, provided the surveillance order is submitted in accordance with letter a or b within 24 hours.2 the ptss may replace the means of transmission of submissions in accordance with paragraph 1 letter a with online-access to the service's processing system.art. 4 conduct of surveillance 1 the ptss shall determine in specific cases the technical and organisational measures for conducting surveillance, unless these are directly specified in the applicable regulations, in particular for standardised types of information and surveillance.2 if as a result of operational problems a person or entity required to cooperate is unable to meet its obligations for the surveillance of post or telecommunications, it shall report this to the ptss without delay and thereafter submit a written statement of the reasons. the ptss shall inform the person or entity required to cooperate without delay if surveillance cannot be carried out because of operational problems on its side.3 irrespective of where the cause of the error lies, the person or entity required to cooperate must temporarily store at least the undelivered secondary telecommunications data from real-time surveillance and deliver it without delay. if the secondary telecommunications data from real-time surveillance is no longer available or incomplete, the person or entity required to cooperate must deliver without delay the secondary telecommunications data from retroactive surveillance in accordance with the instructions of the ptss.art. 5 protection of official or professional secrecy if the ptss establishes that the surveillance relates to a holder of official or professional secrets but that the statutory measures to protect these secrets have not been taken, it shall in the following situations notify the ordering authority and the approval authority without delay and initially shall not allow the former and the persons named in the surveillance order access to the surveillance data:a. if surveillance has been ordered by a civilian prosecution authority: in the case of persons from the professional groups specified in articles 170-173 crimpc unless measures have been taken in accordance with article 271 crimpc;b. if surveillance has been ordered by a military prosecution authority: in the case of persons from the professional groups specified in article 75 letter b mcpc unless measures in accordance with article 70b mcpc have been taken;c. if surveillance has been ordered by the fis: in the case of persons from the professional groups specified in articles 171-173 crimpc unless measures have been taken in accordance with article 58 paragraph 3 of the intelligence service act of 25 september 20154 in conjunction with article 23 of the intelligence service ordinance of 16 august 20175.4 sr 1215 sr 121.1art. 6 duty of confidentiality the surveillance or the provision of information shall be carried out so that neither the person concerned nor unauthorised third parties are aware of it.art. 7 technical data sorting (filtering) the ptss shall at the request of the ordering authority carry out automated filtering if it is technically able to so and the cost and workload involved is not disproportionate.art. 8 recording telephone calls as evidence 1 the ptss shall record as evidence the telephone calls made in connection with its duties.2 any evaluations of the recording shall be carried out by data protection commissioner or the ptss data protection commissioner.3 the ptts shall retain the recorded telephone calls for two years and thereafter destroy the recordings.art. 9 surveillance file 1 the ptss shall open a file in the processing system for each surveillance order.2 the file contains all the documents on the case concerned, namely:a. the surveillance order and its attachments;b. the surveillance assignment or assignments issued to the relevant person or entity required to cooperate;c. the confirmation or confirmations of when the assignment was issued to the person or entity required to cooperate;d. the written acknowledgment from the person or entity required to cooperate that the surveillance assignment or assignments has or have been carried out;e. the rulings from the approval authority on the approval or non-approval of the surveillance order together with any appeal decisions;f. any extension orders and rulings from the approval authority;g. the termination order;h. the correspondence relating to the measure;i. the protection measures specially ordered;j. the accounting records.3 the surveillance data shall be stored in accordance with article 11 spta and destroyed in accordance with article 14 of the ordinance of 15 november 20176 on the processing system for the surveillance of post and telecommunications (pso-ptss).6 sr 780.12section 3 working hours and on-call arrangements art. 10 normal working hours and public holidays 1 normal working hours for the ptss and the persons or entities required to cooperate are monday to friday continuously from 8am to 5pm.2 normal working hours do not apply on public holidays. these are 1 and 2 january, good friday, easter monday, ascension day, whit monday, 1 august, 24 december from noon, 25 and 26 december and new year's eve (31 december) from noon.art. 11 services outside the normal working hours 1 outside normal working hours and on public holidays, the ptss shall provide the following on-call services:a. the forwarding of requests for information specified in articles 35-43;b. issuing assignments for the activation of real-time surveillance in accordance with articles 54-59;c. issuing assignments for the conduct of retrospective urgent surveillance activities in accordance with articles 60-63, 65 and 66;d. issuing assignments for missing and wanted person searches in accordance with articles 67 and 68, with the exception of the network coverage analysis in preparation for an antenna search in accordance with article 64;e. the rectification of faults.2 the tsps, with the exception of those with reduced surveillance duties in accordance with article 51, and providers of derived communication services with more extensive surveillance duties in accordance with article 52 must be able to support the ptss so that it may provide the services in accordance with paragraph 1 at any time. the ptss must be able to contact them at any time.3 the ordering of special surveillance activities and requests for special information (art. 25) shall not be accepted or processed outside normal working hours.section 4 statistics art. 12 statistics on surveillance measures and information 1 the ptss shall publish statistics every year about the surveillance activities ordered in the previous calendar year and the information provided. these shall indicate in particular the number:a. of surveillance measures in real time;b. of retroactive surveillance measures;c. of instances in which information was provided;d. of missing person searches;e. of wanted person searches.2 the statistics in accordance with paragraph 1 shall indicate:a. the type of offence;b. the canton of the ordering authority, the ordering federal authority or, in the case of missing person searches, also an authority from the principality of liechtenstein, and in the case of information, the competent cantonal or federal authority (art. 1 para. 2 lets c-f);c. the type of information, surveillance, missing person search or wanted person search;d. the duration of surveillance, if applicable;e. the fees;f. the compensation.art. 13 statistics on surveillance measures with special technical devices and special it programs 1 public prosecutor's offices and military examining magistrates shall keep annual statistics on the special technical devices and special information technology programs used in the previous calendar year for surveillance activities (art. 269bis para. 2 and 269ter para. 4 crimpc and art. 70bis para. 2 and 70ter para. 4 mcpc respectively). the statistics shall indicate the type of offence.2 public prosecutor's offices and the office of the military attorney general at the ddps shall submit the statistics to the ptss in the first quarter of the following year. the statistics shall indicate only assignments concluded in the year concerned.3 the ptss shall publish consolidated statistics every year. these do not contain any details of the canton of the ordering authority or the federal ordering authority.chapter 2 postal deliveries art. 14 obligations of psps 1 each psp must be able to provide the information specified in article 20 spta and conduct the types of surveillance specified in article 16 insofar as the information and surveillance activities relate to services that the psp provides.2 each psp must ensure that it can accept and execute the requests for information and surveillance orders during normal working hours.art. 15 order to conduct surveillance of postal deliveries the surveillance order submitted to the ptss shall contain the following information:a. contact details for the ordering authority;b. contact details for the persons authorised to be the recipients of the surveillance data;c. if known, the surname, first name, date of birth, address and occupation of the person to be placed under surveillance;d. reference numbers and case names for the surveillance activities;e. the reason for surveillance, in particular the criminal offence to be investigated by means of surveillance;f. the name of the psp;g. the types of surveillance ordered;h. if necessary, additional information on a person's postal traffic;i. the start and duration of surveillance;j. in the case of persons bound by professional secrecy in accordance with article 271 crimpc or article 70b mcpc: a note on this aspect;k. if need be, the measures to protect persons holding professional secrets and further protection measures that the authorities, the psp and the ptss must take.art. 16 types of surveillance the following types of surveillance may be ordered:a. the interception of postal deliveries (real time-surveillance; surveillance type po_1_rt_interception);b. the provision of the following secondary telecommunications data (real-time surveillance; surveillance type po_2_rt_delivery), insofar as they are available:1. the addressee,2. the sender,3. the type,4. the mailing location,5. the delivery status,6. the recipient's signature;c. the provision of the following secondary telecommunications data (retroactive surveillance; surveillance type po_3_hd):1. for postal deliveries with proof of delivery: the recipient and the sender as well as the type, the mailing location and the delivery status of the postal delivery, if available,2. if the psp has recorded any additional secondary telecommunications data: all available data.chapter 3 telecommunications section 1 general provisions on information and surveillance activities art. 17 requests for information 1 requests for information from the authorities specified in article 15 spta to tsps, providers of derived communication services and operators of internal telecommunications networks as well as the information returned to the authorities are transmitted in the online request procedure or via the interfaces using the processing system specified in the pso-ptss7.2 if the online request procedure using the processing system is unavailable for technical reasons, requests for information and the information returned to the authorities may be submitted to the ptss by post or fax.3 in urgent cases, the authorities may submit requests for information by telephone to the ptss, and submit the request for information specified in paragraph 1 or 2 subsequently.4 the request for information must indicate, in addition to the details required for the type of information concerned, the maximum number of data records to be supplied and, if available, the reference numbers and case names.7 sr 780.12art. 18 obligations for the supply of information 1 tsps and providers of derived communication services with more extensive duties to provide information in accordance with article 22 must be able to provide the information specified in articles 35-37 and 40-48 as well as in article 27 in conjunction with articles 35, 40, 42 and 43 that relates to services that they provide. they may enlist the support of third parties to do so.2 they shall provide the information specified in articles 35-37 and 40-42 and in article 27 in conjunction with articles 35, 40 and 42 in an automated process via the query interface of the ptss processing system. they may also provide the information specified in articles 43-48 and in article 27 in conjunction with article 43 manually.3 tsps with reduced surveillance duties in accordance with article 51 may also provide information of all types outside of the processing system in writing.4 tsps, with the exception of those with reduced surveillance duties in accordance with article 51, and the providers of derived communication services with more extensive surveillance duties in accordance with article 52 must be able to provide the information specified in articles 38 and 39 that relates to services that they provide via the query interface of the ptss processing system. they may enlist the support of third parties to do so.5 providers of derived communication services without more extensive duties to provide information and conduct surveillance and operators of internal telecommunications networks are not required to provide information of the types specified in articles 35-48 and in article 27 in conjunction with articles 35, 40, 42 and 43. they shall supply the information available to them via the processing system or by a different method in written form.6 if the number the data records found exceeds the maximum value specified in the request, the provider shall only disclose their number.art. 19 identification of the participants 1 tsps, providers of derived communication services with more extensive duties to provide information in accordance with article 22, providers of derived communication services with more extensive surveillance duties in accordance with article 52 and retailers in accordance with article 2 letter f spta must ensure that subscribers are identified by suitable means.2 in the case of professionally operated public wlan access points, tsps must ensure that all end users are identified by suitable means.art. 20 recording personal details in the case of mobile services 1 in the case of mobile services, tsps and retailers in accordance with article 2 letter f spta must, on supplying the means of access or on the initial activation of the service, verify the identity of the subscriber by means of a passport, an identity card or a foreign national identity card in accordance with article 71 and 71a of the ordinance of 24 october 20078 on admission, period of stay and employment. they must retain an easily legible copy of the identity document.2 in the case of the natural persons, the following details must be recorded:a. surnames and forenames;b. date of birth;c. type of identity document, identity document number and the issuing country or issuing organisation;d. address;e. if known, occupation;f. nationality.3 in the case of legal entities, the following details must be recorded:a. name, registered office and contact details for the legal entity;b. business identification number (uid) in accordance with the federal act of 18 june 20109 on the business identification number;c. if available, the names and forenames of the persons who will use the provider's services.4 in the case of customer relationships that are not based on a subscription contract, the following details must also be recorded:a. the time at which the means of access was supplied;b. the point of supply (name and complete address);c. the name of the person supplying the means of access.8 sr 142.2019 sr 431.03art. 21 retention periods 1 tsps and providers of derived communication services with more extensive duties to provide information and conduct surveillance (art. 22 and 52) must retain and be able to supply the information about the telecommunications services and the information recorded for the purpose of identification for the duration of the customer relationship and for 6 months after its termination. tsps must retain and be able to supply identification data in accordance with article 19 paragraph 2 for as long as the right to access the public wlan access point applies and for 6 months after its expiry.2 tsps, with the exception of those with reduced surveillance duties in accordance with article 51, and providers of derived communication services with more extensive surveillance duties in accordance with article 52 must retain and be able to supply the following data for the purpose of identification for 6 months:a. the secondary telecommunications data relating to the device identifiers actually used, in order to be able to provide the information specified in article 36 paragraph 1 letter d and article 41 paragraph 1 letter d; andb. the secondary telecommunications data relating to the assignment and translation of ip addresses and port numbers, in order to be able to provide the information specified in articles 37, 38 and 39.3 the secondary telecommunications data under paragraph 2 must be destroyed as soon as the retention period has expired, unless other legislation requires or permits such data to be retained for longer.art. 22 providers of derived communication services with more extensive duties to provide information 1 the ptss shall declare a provider of derived communication services to be a provider with more extensive duties to provide information (art. 22 para. 4 spta), if it has met one of the following criteria:a. 100 requests for information in the past 12 months (effective date: 30 june);b. annual turnover in switzerland of chf 100 million in two successive financial years, provided a large part of its business operations provides derived communication services and 5,000 subscribers use the provider's services.2 if a provider controls one or more undertakings required to file financial reports as defined in article 963 paragraph 2 of the code of obligations10, the provider and the controlled undertakings must be regarded as a single unit when calculating the values in accordance with paragraph 1.3 providers that exceed or fail to meet the criteria in paragraph 1 letter b must notify the ptss of this in writing within three months of the end of their financial year and submit related supporting documents.4 providers must on request provide the ptss with the information and supporting documents for assessing the criteria under paragraph 1 letter b. the ptss may rely on data obtained in implementing the legislation relating to the surveillance of post and telecommunications or by other authorities in implementing federal law.5 a provider that is declared to have more extensive duties to provide information must ensure that it can store the data required for providing information within 2 months and provide the information within 12 months of the declaration.10 sr 220art. 23 assistance in providing information and conducting surveillance activities if third parties are engaged by the provider to assist in providing information or conducting surveillance activities, they shall be subject to the same requirements as the provider. the provider remains responsible for providing information and conducting the surveillance activities ordered to the extent specified; in particular it shall take the measures required to ensure that suitable contact persons for providing information and conducting the surveillance activities ordered are available to the ptss at all times. both the provider assigned the task by the ptss and its assistants serve as contact points for the ptss.art. 24 standardisation of types of information and surveillance 1 the federal justice and police department (fdjp) shall standardise the types of information and surveillance that are defined in this ordinance.2 if, based on the international standards and the enquiries made of the persons or entities required to cooperate, it proves impossible or unreasonable to standardise a type of information or surveillance, the fdjp shall dispense with doing so.art. 25 special information and surveillance activities in the case of information and surveillance activities that do not correspond to a standardised type of information or surveillance, tsps and providers of derived communication services shall provide the ptss with all already available interfaces and connections to the ptss processing system. the content and the secondary telecommunications data of the telecommunication of the person under surveillance must be supplied as far as possible in accordance with article 26 paragraph 1 spta. the ptss shall determine the modalities in specific cases.art. 26 types of information in general 1 the providers concerned shall provide the following types of information on telecommunications services or derived communications services:a. information on subscribers (art. 35, 40, 42 and 43 together with art. 27 in conjunction with art. 35, 40, 42 and 43);b. information on services (art. 36-39 and 41);c. other information:1. information on the method of payment (art. 44),2. requests for copies of identity documents (art. 45),3. requests for copies of invoices (art. 46),4. requests for copies of contracts (art. 47),5. information on technical data relating to telecommunications systems and network elements (art. 48).2 the authorities may only request the information that providers are required to provide in accordance with the procedures defined in this ordinance.art. 27 obtaining information with a flexible name search 1 requests for types of information specified in articles 35, 40, 42 and 43 may be complied with by carrying out a search that tolerates errors and finds phonetic matches (flexible name search). in this case, the suffix "flex" shall be added to the abbreviation for the relevant information request type: ir_5_na_flex, ir_11_tel_flex, ir_14_email _flex and ir_16_com_flex.2 the request for information shall in each case contain the first and at least one additional query criterion for the underlying information request type.art. 28 types of surveillance 1 the providers concerned must conduct the following types of real-time surveillance for telecommunications services and derived communications services:a. real-time surveillance of secondary telecommunications data in the case of network access services (art. 54);b. real-time surveillance of content and secondary telecommunications data in the case of network access services (art. 55);c. real-time surveillance of secondary telecommunications data in the case of applications (art. 56 and 58);d. real-time surveillance of content and secondary telecommunications data in the case of applications (art. 57 and 59).2 the providers concerned must conduct the following types of retroactive surveillance activities for telecommunications services and derived communications services:a. retroactive surveillance in the case of network access services (art. 60);b. retroactive surveillance in the case of applications (art. 61 and 62);c. locating the last active position of the mobile terminal device (art. 63);d. an antenna search (art. 66) and the corresponding preparations (art. 64 or 65).3 the providers concerned must conduct the following types of missing person searches (art. 67):a. locating the last active position of the mobile terminal device (art. 67 let. a);b. real-time surveillance of content and secondary telecommunications data in the case of network access services and telephony and multimedia services (art. 67 let. b);c. real-time surveillance of secondary telecommunications data in the case of network access services and telephony and multimedia services (art. 67 let. c);d. retroactive surveillance in the case of network access services and telephony and multimedia services (art. 67 let. d).4 the providers concerned must conduct the following types of searches (art. 68):a. locating the last active position of the mobile terminal device (art. 68 let. a);b. real-time surveillance of content and secondary telecommunications data in the case of network access services or applications (art. 68 let. b);c. real-time surveillance of secondary telecommunications data in the case of network access services or applications (art. 68 let. c);d. retroactive surveillance in the case of network access services or applications (art. 68 let. d).section 2 quality assurance art. 29 quality of the data transmitted 1 the quality of the data transmitted is acceptable if:a. the data delivery meets the requirements specified by the fdjp;b. the data is delivered without loss of data and without interruptions; andc. the transmitted surveillance data or information data correspond to that specified in the surveillance order or request for information.2 the persons or entities required to cooperate are responsible for the quality of the transmitted information and surveillance data up to the point of delivery.3 if a provider or the ptss identifies any defects in the quality of the data transmitted, they shall inform each other without delay. the ptss shall determine the seriousness of the defects and the procedure for their rectification after consulting the provider. the provider and the ptss shall inform each other regularly and promptly about the status of the rectification of defects.art. 30 test surveillance 1 the ptss may conduct test surveillance; in doing so, it may work with the prosecution authorities and the fis. the tests serve the following purposes in particular:a. assuring the quality of the data diverted to the ptss and the prosecution authorities by the persons or entities required to cooperate;b. verifying the ability of the persons or entities required to cooperate to provide information and conduct surveillance;c. testing the ptss processing system;d. training purposes;e. generating reference data.2 the ptss may instruct the persons or entities required to cooperate to participate in generating the test data. the ptss shall draw up a test plan after consulting the persons or entities required to cooperate.3 the persons or entities required to cooperate shall provide the ptss with the required test targets and the required telecommunications services or derived communications services at its request free of charge and permanently.4 the prosecution authorities and the fis may also conduct circuit trials at their own expense for the purpose of quality assurance and the training. to this end, they shall submit orders to the ptss and pay fees.section 3 ensuring ability to provide information and conduct surveillance art. 31 verifying ability to provide information and conduct surveillance 1 tsps and providers of derived communication services with more extensive information (art. 22) or surveillance duties (art. 52) shall in accordance with article 33 paragraph 1 spta provide proof of their ability to provide information and conduct surveillance.2 proof is provided if:a. the tests that must be conducted in accordance with ptss requirements have been successfully completed; andb. the provider confirms in a questionnaire drawn up by the ptss it meets the requirements in relation to standardised information and surveillance activities that cannot be proven by testing.3 the ptss shall ensure that it conducts the verification process promptly and does not cause any delay in market introduction. to do so, it shall carry out the following tasks:a. it shall check the results of the tests in accordance with paragraph 2 letter a.b. it shall evaluate the questionnaire in accordance with paragraph 2 letter b.c. it shall keep a record of the test procedures.d. it shall issue the providers with confirmation in accordance with article 33 paragraph 6 spta.e. it shall retain the records for as long as the confirmation remains valid and for ten years after its expiry.4 the ptss shall state in the confirmation that the provider has proven its ability to provide certain types of information and conduct certain types of surveillance activities.art. 32 term of validity of the confirmation 1 the confirmation of ability to provide information and conduct surveillance is valid for three years.2 on expiry of the term of validity, the ptss may extend the confirmation by a further three years if the person or entity required to cooperate certifies that since confirmation was granted no modifications have been carried out that influence data delivery or the ability to provide information or conduct surveillance.3 if a provider can no longer provide information or conduct surveillance, it shall notify the ptss immediately.art. 33 acceptance procedure the fdjp shall regulate the procedure for verifying ability to provide information and conduct surveillance.art. 34 declaration of invalidity of the confirmation of ability to provide information and conduct surveillance the ptss shall immediately declare a confirmation of ability to provide information and conduct surveillance that has already been issued to be invalid for the relevant types of information or surveillance if:a. the provider gives notice that it can no longer provide information or conduct surveillance;b. the provider is unable on two or more occasions to deliver data, provide information or conduct surveillance;c. the information on the provider that underlies the confirmation is untrue. section 4 types of information requests for network access services art. 35 information request type ir_4_na: information on subscribers to network access services 1 information request type ir_4_na comprises the following information about subscribers to network access services:a. if available, the unique subscriber identifier (e.g. customer number);b. in the case of mobile services, the details of the natural person or legal entity in accordance with article 20 and, if known, further contact details and the sex of the natural person;c. in the case of the other network access services, the identification information specified in article 19 and, if known, the details of the natural or legal entity, further contact details and the sex of the natural person;d. the following information about each network access service that the subscriber obtains from the provider:1. the unique identifier for the provider (e.g. tsp number),2. the unique service identifier (e.g. user name, msisdn, dsl identifier),3. the period over which the service was used (start, first activation and, if applicable, termination),4. if applicable, further information about additional options or restrictions on the network access service,5. if applicable, the installation addresses of the fixed location access to the network and their period of validity in each case,6. the statuses of the service as designated internally by the provider (e.g. active, suspended, blocked) and their period of validity in each case,7. if applicable, all static ip addresses, ip prefixes, ip address ranges and net masks or prefix lengths assigned to network access service concerned and their period of validity in each case,8. in the case of customer relationships that are not based on a subscription contract, the time and the point of supply (name and complete address) for the means of access and the name of the person who made the supply,9. if applicable, the sim number (iccid) at the time of its supply,10. if applicable, the imsi,11. the type of the service (e.g. prepaid, subscription),12. if applicable, the alternative subscriber identifier for the network access service.2 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria. if letters a-e are used, a second query criterion must be added. if searching for character strings (lets a, c, d and f), the provider must search only for the specified spelling of the term in accordance with the applicable fdjp regulations:a. surname(s), first name(s);b. date of birth;c. country and postcode or country and place;d. street and, if possible, house number;e. identity document number and, optionally, the type of identity document;f. name and, optionally, the registered office of the legal entity;g. business identification number (uid);h. subscriber identifier (e.g. customer number);i. service identifier other than ip addresses (e.g. user name, msisdn, dsl identifier);j. imsi;k. sim number (iccid).art. 36 information request type ir_6_na: information on network access services 1 information request type ir_6_na comprises the following information about network access services. for information specified in letters b, c and e, details of the common period of validity shall be provided:a. if available, the unique subscriber identifier (e.g. customer number);b. the unique service identifier (e.g. user name, dsl identifier);c. if applicable, the imsi and msisdn;d. the list of unique device identifiers in accordance with international standards (e.g. imei, mac address) of the devices used in connection with this service from the provider as well as, if available, their name in text form;e. if applicable, the sim numbers (iccid);f. if applicable, the puk and puk2 codes.2 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria:a. the service identifier, other than ip addresses (e.g. user name, msisdn, dsl identifier);b. the imsi;c. the unique device identifier in accordance with international standards (e.g. imei, mac address);d. the installation address of the fixed location access to the network.art. 37 information request type ir_7_ip: identification of the users in the case of uniquely assigned ip addresses 1 information request type ir_7_ip comprises the following information about the identified subscriber if this person was assigned a unique ip address at the time in question:a. if available, the unique subscriber identifier (e.g. user name);b. the unique service identifier (e.g. user name, msisdn, dsl identifier) of the network access service;c. the unique identifier that designates the provider of the network access service (e.g. tsp number).2 the request for information shall contain the following information:a. the ip address;b. the date and time.art. 38 information request type ir_8_ip (nat): identification of the users in the case of ip addresses that are not uniquely assigned (nat) 1 information request type ir_8_ip (nat) comprises the following information about the identified subscriber if this person was not assigned a unique ip address (nat) at the time in question:a. if available, the unique subscriber identifier (e.g. user name);b. the unique service identifier (e.g. user name, msisdn, dsl identifier) of the network access service.2 the request for information shall contain information about the nat translation procedure for the purpose of identification:a. the public source ip address;b. if required for identification, the public source port number;c. if required for identification, the public destination ip address;d. if required for identification, the destination port number;e. if required for identification, the type of transport protocol;f. the date and time.art. 3911 information request type ir_9_nat: information on nat translation procedures 1 information request type ir_9_nat comprises the following information for the purpose of identification in connection with nat translation procedures if required for identification:a. the source ip address before or after the nat translation procedure, as the case may be;b. the source port number before or after the nat translation procedure, as the case may be.2 the request for information shall contain the following information about the nat translation procedure:a. the source ip address after or before the nat translation procedure, as the case may be;b. the source port number after or before the nat translation procedure, as the case may be;c. if required for identification, the public destination ip address;d. if required for identification, the destination port number;e. the type of the transport protocol;f. the date and time of the nat translation procedure.11 the correction of 9 april 2019 relates to the french text only (as 2019 1201).section 5 types of information on applications art. 40 information request type ir_10_tel: information on subscribers to telephony and multimedia services 1 information request type ir_10_tel comprises the following information about subscribers to telephony and multimedia services:a. if available, the unique subscriber identifier (e.g. customer number);b.12 in the case of mobile services, details of the natural person or legal entity in accordance with article 20 and, if known, further contact details and the sex of the natural person;c. in the case of the other telephony and multimedia services, the identification information specified in article 19 and, if known, details of the natural person or legal entity, further contact details and the sex of the natural person;d. the following information about each telephony and multimedia service obtained by the subscriber from the provider:1. the unique identifier designating the provider (e.g. tsp number),2. the unique service identifier (e.g. telephone number, sip uri),3. the period over which the service was used (start, first activation and if applicable, termination),4. the type of the service (e.g. private telecommunications installation, public call station, fixed location or mobile location service),5. if applicable, the installation addresses of the fixed location network access to the service and their period of validity in each case,6. the statuses of the service as designated internally by the provider (e.g. active, suspended, blocked),7. if applicable, the list or range of other addressing elements or identifiers registered in connection with this service (e.g. telephone numbers, impu),8. in the case of customer relationships that are not based on a subscription contract, the time and the point of supply (name and complete address) of the means of access and the name of the person who made the supply,9. if applicable, details of predetermined free choice of service provider for connections,10. if applicable, the imsi,11. if applicable, the sim number (iccid) at the time of supply.2 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria. if using letters a-d, a second query criterion must be added. if searching for character strings (let. a, c, d and f), the provider must search only for the specified spelling of the term in accordance with the applicable fdjp regulations:a. surname(s), first name(s);b. date of birth;c. country and postcode or country and place;d. street and, if possible, house number;e. identity document number and optionally, the type of identity document;f. name and optional registered office the legal entity;g. business identification number (uid);h. subscriber identifier (e.g. customer number);i. addressing elements or identifiers (e.g. telephone number, sip uri, tel uri, impu);j. imsi;k. sim number (iccid).12 the correction of 3 dec. 2019 relates to the french text only (as 2019 4085).art. 41 information request type ir_12_tel: information on telephony and multimedia services 1 information request type ir_12_tel comprises the following information about telephony and multimedia services. . for information specified in letters b, c and e, details of the common period of validity shall be provided:a. if available, the unique subscriber identifier (e.g. customer number);b. the addressing elements or identifiers registered for this service (e.g. telephone numbers, sip uri, impi);c. if applicable, the imsi;d. for the purpose of identification, the list of unique device identifiers in accordance with international standards (e.g. imei, mac address) of the devices user in connection with this service from the provider as well as, if available, their designation in text form;e. if applicable, the sim numbers (iccid);f. if applicable, the puk and puk2 codes.2 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria:a. the addressing element (e.g. telephone number, sip uri, msisdn, tel uri);b. the imsi;c. the unique device identifier in accordance with international standards (e.g. imei, mac address);d. the installation addresses of the fixed location access to the network;e. the service identifier (e.g. impi).art. 42 information request type ir_13_email: information on subscribers to email-services 1 information request type ir_13_email comprises the following information about subscribers to email services:a. if available, the unique subscriber identifier (e.g. customer number);b. the identification information specified in article 19 and, if known, the details of the natural person or legal entity, additional contact details and the sex of the natural person;c. the following information about each email service that the subscriber obtains from the provider:1. the unique identifier that indicates the provider of the service,2. the unique service identifier (e.g. email address, user name),3. the period over which the service was used (start, first activation and if applicable, termination),4. if applicable, the list of all additional addressing elements (e.g. alias address) that pertain to this service,5. if applicable, the list of all addresses, to which messages addressed to the requested address are forwarded (e.g. mailing list);d. if applicable, the additional addressing elements recorded by the provider in connection with this service (e.g. email address, msisdn).2 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria. if using letters a-d, a second query criterion must be added. if searching for character strings (let. a, c, d and f), the provider must search only for the specified spelling of the term in accordance with the applicable fdjp regulations:a. surname(s), first name(s);b. date of birth;c. country and postcode or country and place;d. street and if possible house number;e. identity document number and, optionally, the type of identity document;f. name and, optionally, registered office of the legal entity;g. business identification number (uid);h. subscriber identifier (e.g. customer number);i. service identifier (e.g. email address, user name).art. 43 information request type ir_15_com: information on subscribers to other telecommunications or derived communications services 1 information request type ir_15_com comprises the following information about subscribers to other telecommunications or derived communications services (e.g. messaging services, communications services in social networks, cloud and proxy services):a. if available, the unique subscriber identifier (e.g. customer number);b. the identification information specified in article 19 and, if known, details of the natural person or legal entity, additional contact details and the sex of the natural person;c. the following information about each additional telecommunications service or derived communications service that the subscriber obtains from the provider:1. the unique identifier that designates the provider,2. the unique service identifier (e.g. user name),3. the period over which the service was used (start, first activation and if applicable, termination),4. the statuses of the service as designated internally by the provider (e.g. active, suspended, blocked) and their period of validity in each case,5. the list of other addressing elements or identifiers registered in connection with this service.2 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria. if using letters a-d, a second query criterion must be added. if searching for character strings (let. a, c, d and f), the provider must search only for the specified spelling of the term in accordance with the applicable fdjp regulations:a. surname(s), first name(s);b. date of birth;c. country and postcode or country and place;d. street and, if possible, house number;e. identity document number and, optionally, the type of identity document;f. name and, optionally, the registered office of the legal entity;g. business identification number (uid);h. subscriber identifier (e.g. customer number);i. addressing element or identifier (e.g. user name).section 6 further types of information art. 44 information request type ir_17_pay: information on the method of payment used by subscribers to telecommunications and derived communications services 1 information request type ir_17_pay comprises the following information about the method of payment used by subscribers to telecommunications and derived communications services:a. the unique identifier that designates the provider;b. the unique subscriber identifier (e.g. customer number);c. the unique identifier that the provider has assigned to the subscriber for accounting or billing purposes;d. the unique service identifier (e.g. telephone number, sip uri, user name);e. the method of payment (debit, bank transfer or prepaid);f. the account information that the subscriber has given to the provider, consisting of the name of the bank, account holder and iban (or bic and account number) or national bank number and account number;g. the billing addresses (house number, street, po box, postcode, place, country) and their period of validity (start and if applicable, termination).2 the information specified in with paragraph 1 must be supplied if the provider has it.3 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria:13a. the subscriber identifier (e.g. customer number);b. the service identifier (e.g. telephone number, sip uri, user name);c. the identifier that the provider has assigned to the subscriber for accounting or billing purposes;d. the subscriber's bank account information: iban (or bic and account number) or national bank number and account number;e. the billing address (house number, street, po box, postcode, place, country).13 the correction of 6 march 2018 relates to the french text only (as 2018 989).art. 45 information request type ir_18_id: copy of official id 1 information request type ir_18_id comprises the provision of an electronic copy of the subscriber's identification document recorded in accordance with article 20.2 the request for information shall specify the period and subscriber or service identifier, sim number (iccid) or imsi or, if applicable, device identifier to which it relates.art. 46 information request type ir_19_bill: copy of invoice 1 information request type ir_19_bill comprises the provision of electronic copies of all available billing records pertaining to the subscriber, not including secondary telecommunications data on telecommunications services and derived communications services.2 the request for information shall specify the period and unique subscriber or service identifier or unique identifier for accounting or billing to which it relates.art. 47 information request type ir_20_contract: copy of contract 1 information request type ir_20_contract comprises the provision of electronic copies of all available contract documents pertaining to the subscriber to telecommunications services and derived communications services.2 the request for information shall specify the period and subscriber or service identifier, the sim number (iccid) or imsi or, if applicable, the device identifier to which it relates.art. 48 information request type ir_21_tech: technical data 1 information request type ir_21_tech comprises the provision of technical data relating to telecommunications systems and network elements, in particular the location data for mobile radio cells and public wlan access points.2 the location data comprise:a. the identifiers of network elements (e.g. cgi, ecgi, sai, rai, tai, bssid) and the geographical coordinates or other details of the location in accordance with international standards;b. if applicable, the postal address of the location;c. if applicable, the main directions of emission of the antennae; andd. if applicable, other available location features.3 the request for information shall specify the period to which the request relates. it shall contain at least one of the following query criteria:a. the geographical coordinates of the location of the network element;b. the identifier of the network element (e.g. cgi, ecgi, bssid).section 7 general provisions on the surveillance of telecommunications art. 49 order to conduct surveillance of telecommunications 1 the surveillance order submitted to the ptss shall contain the following information:a. the contact details of the ordering authority;b. the contact details of the authorised persons envisaged as recipients of the surveillance data;c. if known, the surname, first name, date of birth, address and occupation of the person to be placed under surveillance;d. the reference numbers and case names for the surveillance activities;e. the reason for surveillance, in particular the offence to be investigated by means of surveillance;f. the names of the persons or entities required to cooperate;g. the types of surveillance ordered or the type of special surveillance;h. the identifiers subject to surveillance (target id);i. if necessary, an application for general authorisation for the surveillance of several connections without authorisation in specific cases (art. 272 para. 2 and 3 crimpc or art. 70c para. 2 and 3 mcpc);j. the starting date and the duration of the surveillance;k. in the case of persons bound by professional secrecy in accordance with article 271 crimpc or article 70b mcpc: a note to this effect;l. if need be, measures to protect persons holding professional secrets and further protection measures that the authorities and the ptss must take.2 if conducting the surveillance so requires, the fdjp may provide that the surveillance order submitted to the ptss must include further technical details.art. 50 surveillance duties 1 each tsp and each provider of derived communication services with more extensive surveillance duties in accordance with article 52 must be able to conduct the surveillance activities in accordance with sections 8-12 of this chapter (art. 54-69) that relate to services that they provide, or they must be able to arrange for third parties to conduct the surveillance. the foregoing does not apply to tsps with reduced surveillance duties in accordance with article 51.2 the provider shall ensure its ability to conduct surveillance of telecommunications from the commercial launch of a service provided to customers.3 it shall ensure that it can accept surveillance assignments outside normal working hours in accordance with article 10 and can conduct them or arrange for third party to do so in accordance with the fdjp requirements.4 it shall guarantee that within the period specified in the surveillance assignment surveillance will be conducted of all telecommunications traffic carried on the infrastructures under its control provided the traffic is part of the services under surveillance and can be assigned to the identifier under surveillance (target id).5 it shall support the ptss, if necessary, in order to ensure that the transmitted surveillance data actually corresponds to the telecommunications traffic specified in the surveillance assignment.6 if additional identifiers are associated with the identifier under surveillance (target id) (e.g. impi with impu, email address with alias address), the provider shall ensure that these identifiers are also monitored as part of the type of surveillance.art. 51 tsp with reduced surveillance duties 1 at the request of a tsp, the ptss shall declare it to be a tsp with reduced surveillance duties (art. 26 para. 6 spta) if it:a. only offers its telecommunications services in the field of education and research; orb. meets neither of the following criteria:1. surveillance assignments for 10 different surveillance targets in the past 12 months (effective date: 30 june),2. annual turnover in switzerland from telecommunications services and derived communications services of chf 100 million in two successive financial years.2 article 22 paragraph 2 applies to the calculation of the values specified in paragraph 1 letter b.3 tsps with reduced surveillance duties are required to give written notice to the ptss with supporting documents if they:a. no longer offer their services exclusively in the field of education and research; orb. achieve the value specified in paragraph 1 letter b number 2 for a second successive financial year; notice must be given within three months of the end of the financial year.4 the ptss may rely on data obtained in implementing the legislation relating to the surveillance of post and telecommunications or by other authorities in implementing federal law.5 a provider that is declared to have more extensive duties to provide information must ensure that it can store the data required for providing information and provide the information within 2 months and 12 months of the declaration respectively.art. 52 providers of derived communication services with more extensive surveillance duties 1 the ptss shall in a ruling declare a provider of derived communication services to have more extensive surveillance duties (art. 27 para. 3 spta) if it has met one of the following criteria:a. surveillance assignments for 10 different surveillance targets in the past 12 months (effective date: 30 june);b. annual turnover in switzerland of chf 100 million in two successive financial years, provided a large part of its business operations is providing derived communication services, and 5000 subscribers use the provider's services.2 article 22 paragraphs 2-5 apply mutatis mutandis.art. 53 access to the installations 1 the persons or entities required to cooperate that must allow the ptss or the third parties that it instructs access to its installations shall allow the ptss access to buildings, devices, lines, systems, networks and services to the extent required for surveillance.2 they shall make existing means of network access to public telecommunications networks available free of charge. in consultation with the ptss or the third parties that it instructs they shall provide new means of network access at the expense of the ptss to the extent that this is required for surveillance.section 8 types of real-time monitoring of network access services art. 54 surveillance type rt_22_na_iri: real-time monitoring of secondary telecommunications data in the case of network access services 1 surveillance type rt_22_na_iri comprises the real-time surveillance of a network access service in the mobile communications sector.2 the following secondary telecommunications data of telecommunications traffic sent or received via the network access service under surveillance must be transmitted in real time:a. when access to the network is established or disconnected: the date, the time, the type of event and the reason for disconnection;b. the type of current access to the network;c. the aaa information used by the network access service under surveillance, in particular the subscriber identifier and the imsi in the case of mobile communications;d. the ip addresses or address ranges assigned to the network access service under surveillance and the date and time of each assignment;e. the available addressing elements of the network access service under surveillance, in the case of mobile communications, for example, the msisdn or the imsi;f. the unique device identifiers in accordance with international standards for the current terminal devices of the network access service under surveillance (e.g. imei, mac address);g. the type, date and time of the start and if applicable the end of technical modifications of access to the network (e.g. location update, change in mobile communications technology) and, if known, its causes;h. the target's available current location data or the cell used by the target or of the wlan access point used by the target in accordance with paragraph 3.3 the location data comprise:a. the identifiers or a combination of identifiers (e.g. cgi, ecgi, sai, rai, tai, bssid) and the geographical coordinates, and, if applicable, the main direction of emission of the cell or of the wlan access point, and, if available, the type of mobile communications technology used;b. the position of the target determined by the network, for example in the form of geographical coordinates and the related uncertainty value, or in the form of polygons with details of the geographical coordinates of each polygon point, and, if available, the type of mobile communications technology used; orc. if available, other details in accordance with international standards of the location of the target or of the cell or of the wlan access point, and, if available, the type of mobile communications technology used.art. 55 surveillance type rt_23_na_cc_iri: real-time monitoring of content and secondary telecommunications data in the case of network access services surveillance type rt_23_na_cc_iri involves the real-time surveillance of a network access service. the content of the telecommunication sent or received via the network access service under surveillance, and the related secondary telecommunications data in accordance with article 54 paragraphs 2 and 3 must be transmitted in real time.section 9 types of real-time monitoring of applications art. 56 surveillance type rt_24_tel_iri: real-time monitoring of secondary telecommunications data for telephony and multimedia services 1 surveillance type rt_24_tel_iri comprises the real-time surveillance of a telephony and multimedia service and, if applicable, converging services, in particular sms, voice mail and rcs. the following secondary telecommunications data of the telecommunication that is sent, processed or received via the services under surveillance must be transmitted in real time:a. the date and the time of logging-in and logging-out processes and their result;b. the aaa information used by the services under surveillance and the information on registration and subscription events and the corresponding responses, in particular the subscriber identifier (e.g. sip uri, impi), the imsi in the case of mobile communications and - if applicable - the customer's and server's ip addresses and port numbers as well as details of the protocol used;c. the signalling information, in particular on the serving system, on subscriber status and on service quality;d. if applicable, the presence information;e. in the case of communications, communication attempts and technical modifications (e.g. inclusion of additional services, inclusion of or change to converging services, changes in mobile communications technology, location updates), if applicable:1. their type, the date and the time of their start and if applicable their end,2. the addressing elements (e.g. msisdn, e.164-number, sip uri, impu) of all subscribers in communication and their role,3. the actual known destination address and the available intermediate addresses where the communication or the communication attempt is diverted or forwarded,4. the unique device identifiers in accordance with international standards for the terminal devices of the services under surveillance (e.g. imei, mac address),5. the other available identifiers,6. the reasons for the termination of communication or its non-materialisation or for the technical modification,7. the signalling information on additional services (e.g. conference calls, call forwarding, dtmf),8. the status of the communication or of the communication attempt,9. and in the case of mobile location services, the available current location data for the target or the cell used by the target or for the wlan access point used by the target in accordance with paragraph 2.2 the location data comprise:a. the identifiers or a combination of identifiers (e.g. cgi, ecgi, sai, rai, tai, bssid) and the geographical coordinates of the cell or the wlan access point and, if available, the type of mobile communications technology used;b. the position of the target determined by the network, for example in the form of geographical coordinates and the related uncertainty value, or in the form of polygons, with details of the geographical coordinates of each polygon point as well as the type of mobile communications technology used; orc. if available, other details in accordance with international standards relevant to the location of the target or the cell or of the wlan access point, and the type of mobile communications technology used.art. 57 surveillance type rt_25_tel_cc_iri: real-time surveillance of content and secondary telecommunications data in the case of telephony and multimedia services surveillance type rt_25_tel_cc_iri comprises the real-time surveillance of a telephony and multimedia service and, if applicable, converging services, in particular sms, voice mail and rcs. the content of the telecommunications traffic sent, processed or received via the services under surveillance, as well as the related secondary telecommunications data in accordance with article 56 must be transmitted in real time.art. 58 surveillance type rt_26_email_iri: real-time monitoring of secondary telecommunications data on email services surveillance type rt_26_email_iri comprises the real-time surveillance of an email service. the following secondary telecommunications data on the telecommunications traffic sent, processed or received via the service under surveillance must be transmitted in real time:a. the date and the time of logging-in and logging-out processes and their status;b. the aaa information used by the service under surveillance, in particular the subscriber identifier and, if applicable, the alias address;c. the customer's and server's ip addresses and port numbers as well as details of the protocol used;d. the date, time, volume of data, email addresses of the sender and the recipient of the message and the ip addresses and port numbers of the sending and receiving email servers for the following events:1. sending or forwarding of a message,2. receipt of a message,3. processing of a message in the mailbox,4. downloading of a message from the mailbox,5. uploading of a message to the mailbox.art. 59 surveillance type rt_27_email_cc_iri: real-time monitoring of content and secondary telecommunications data on email services surveillance type rt_27_email_cc_iri comprises the real-time surveillance of an email -service. the content of the telecommunications traffic sent, processed or received via the service under surveillance, as well as the related secondary telecommunications data in accordance with article 58 must be transmitted in real time.section 10 types of retroactive surveillance art. 60 surveillance type hd_28_na: retroactive surveillance of secondary telecommunications data in the case of network access services surveillance type hd_28_na includes the retroactive surveillance of secondary telecommunications data of a network access service. the following secondary telecommunications data of the past telecommunication that has been sent or has been received via the network access service under surveillance must be transmitted:a. the date and the time of the start and if applicable the end or the duration or the session;b. the type and status of the network access;c. the identifier that was used for authenticating the user at the access point under surveillance, for example the user name;d. the ip addresses or address ranges assigned to the target and their type;e. if available, the unique device identifier of the terminal device used by the target in accordance with international standards (e.g. mac address, imei in the case of mobile communications);f. if available, the volumes of data that were uploaded and downloaded during the session;g. in the case of access to the network via mobile communications: the gprs or eps information (in particular imsi or msisdn) and the following location data at the beginning and the end of the session as well as during the session if available; if known, additional location information from maritime navigation or aviation must be transmitted:1. the cell and region identifiers as well as the geographical coordinates, the postal addresses and if applicable the main directions of emission the cells used by the target, or2. the positions of the target determined by the network (e.g. in the form of geographical coordinates and the related uncertainty value, or in the form of polygons with details of the geographical coordinates of each polygon point) as well as the related postal addresses, or3. other details in accordance with international standards of the target's locations or the cells that he or she used, as well as the related postal addresses;h. in the case of access to the network via a public wlan: the bssid, and, if available, the ssid and the location data in the form of geographical coordinates and the postal address of the wlan access point used by the target; the user name, the type of authentication, the available additional information on user authentication (telephone number, mac address, imsi, user identifier and password used for authentication) and the ip address of the wlan access point. if available, additional location information from maritime navigation or aviation must be transmitted;i. in the case of fixed network access: the addressing elements of the access to the network and. if available, the postal address.art. 61 surveillance type hd_29_tel: retroactive surveillance of secondary telecommunications data relating to telephony and multimedia services surveillance type hd_29_tel comprises the retroactive surveillance of secondary telecommunications data of a telephony and multimedia service and, if applicable, converging services, in particular sms, mms and voice mail. the following secondary telecommunications data of the past telecommunications traffic in communications and communication attempts using the services under surveillance must be transmitted:a. their type, the date and time of the start and, if applicable, the end or their duration;b. the addressing elements (e.g. msisdn, e.164-number, sip uri, impu) of all subscribers in communication and their roles;c. the reason for the end of the communication or the communication attempt;d. in the case of mobile communications (multimedia services if available): the imei of the terminal device used by the target and the imsi of the target;e. if applicable, the type of carrier service;f. in the case of sms and mms: the information on the event, the type (only in the case of sms) and the status;g. in the case of mobile communications: the location data for the cell used by the target at the beginning and at the end of the communication or of the communication attempt. if known, additional location information from maritime navigation or aviation must be transmitted:1. the cell and region identifiers, the geographical coordinates and if applicable the main directions of emission and the postal address, or2. the positions of the target determined by the network (e.g. in the form of geographical coordinates and the related uncertainty value or in the form of polygons with details of the geographical coordinates of each polygon point) as well as the related postal addresses, or3. other details in accordance with international standards of the target's locations or the cells that he or she used, as well as the related postal addresses;h. in the case of multimedia services:1. the customer's ip address and its type and the port number,2. the communication correlation identifier,3. the types of multimedia content,4. information on the multimedia components (time, name, description, initiator, access-correlation identifier), and5. if applicable, information on the ims services (type of ims service used, role of the network element from which the secondary telecommunications data come); andi. in the case of multimedia services: information on the target's network access:1. the access type,2. the access class,3. whether the information on access to the network comes from the network, and4. the location data relating to the network access at the beginning and the end of the multimedia session, and, if available, during the multimedia session:- in the case of access to the network via mobile communications: the location data for the cell used by the target in accordance with letter g, or- in the case of access to the network via wlan: the available location data of the wlan access point used by the target (geographical coordinates, postal address), or- in the case of fixed network access: the available postal address of the access used by the target.art. 62 surveillance type hd_30_email: retroactive surveillance of secondary telecommunications data in the case of email services surveillance type hd_30_email comprises the retroactive surveillance of secondary telecommunications data of an email -service. the following secondary telecommunications data of the past telecommunication sent, processed or received via the service under surveillance must be transmitted:a. the date, the time, the type of event, the subscriber identifiers, if applicable the alias address, the sender and recipient addresses, the protocol used, the ip addresses of the server and the client, and, if applicable, the delivery status of the message in the case of the following events: sending, receipt, mailbox log-in, mailbox log-out and in the case of the following events, if available: downloading, uploading, deletion, processing, addition of a message;b. the ip addresses and names of the sending and receiving email servers.art. 63 surveillance type hd_31_paging: identifying most recent activity on the mobile terminal device of the person under surveillance surveillance type hd_31_paging comprises the identification of the most recent activity detected by the mobile telephony provider (network access services, telephony and multimedia services) on the mobile terminal device of the person under surveillance and providing the msisdn, imsi, imei (if available), the type of mobile communications technology, the frequency band, the unique identifier of the mobile network, the date and time of most recent activity detected, as well as one of the following details required to determine the location:a. information about the cell used: the identifier or a combination of identifiers (e.g. cgi, ecgi, sai, rai, tai), the postal address, the main direction of emission or, in the case of complex cells, the main directions of emission and the type of cell, the geographical coordinates;b. the postal address and details of the position of the terminal device during its most recent activity as determined by the network, for example in the form of geographical coordinates and the related uncertainty value or in the form of a polygon together with details of the geographical coordinates of each polygon point; orc. the postal address and other standardised details determined by the network of the position of the terminal device during its most recent activity or of the location of the cell used.art. 64 surveillance type as_32_prep_cov: network coverage analysis in preparation for an antenna search 1 surveillance type as_32_prep_cov comprises the network analysis in preparation for an antenna search in accordance with article 66. it is carried out by the tsps and serves to identify the mobile radio cells or public wlan access points that most probably cover the location described by the ordering authority in the form of geographical coordinates or by means of postal address, if applicable taking account of additional information (e.g. time of day, weather, day of the week, location within or outside of a building).2 the tsps shall supply the ptss with a list of cell identifiers (e.g. cgi, ecgi) or the bssid for the mobile radio cells or public wlan access points identified.art. 65 surveillance type as_33_prep_ref: reference communications or instances of reference network access in preparation for an antenna search 1 surveillance type as_33_prep_ref comprises the identification of mobile radio cells or public wlan access points on the basis of reference communications and instances of reference network access in preparation for an antenna search in accordance with article 66.2 the ordering authority shall itself arrange for reference communications to be made and the reference network to be accessed at the location concerned and shall send the ptss a list with the following related details:a. the type of communication or of access to the network;b. the date and the time of the communication or access to the network;c. the addressing element of the telephony and multimedia service used or of the network access service;d. if applicable, the name of the mobile network used.3 the ptss shall instruct the tsps, on the basis of the secondary telecommunications data relating to previous telecommunications traffic, to identify the mobile radio cells or public wlan access points used in each case base at the beginning and at the end of the reference communications and instances of reference network access in accordance with paragraph 2 and to provide it with a list of the corresponding cell identifiers (e.g. cgi, ecgi) or bssid completed in accordance with paragraph 2.art. 66 surveillance type as_34: antenna search 1 surveillance type as_34 comprises the retroactive surveillance of all communications, communication attempts and instances of network access that have taken place via a specific mobile radio cell or a specific public wlan access point over a period of up to two hours.142 the tsp shall supply the secondary telecommunications data resulting from paragraph 1 relating to previous telecommunications traffic in accordance with article 60 and 61.14 the correction of 3 july 2018 relates to the italian text only (as 2018 2551).section 11 missing person and wanted person searches art. 67 types of surveillance ep: missing person search the following types of surveillance may be ordered for a missing person search in accordance with article 35 spta:a. type ep_35_paging: determining the most recent activity detected by the mobile telephony provider (network access services and telephony and multimedia services) of the mobile terminal device belonging to the missing person or a third party and provision of the msisdn, the imsi, the imei (if available), the type of mobile communications technology, the frequency band, the unique identifier of the mobile network, the date and the time of the most recent activity detected as well as any one of the following details required to determine the location:1. information about the cell used: the identifier or a combination of identifiers (e.g. cgi, ecgi, sai, rai, tai), the postal address, the main direction of emission or, in the case of complex cells, the main directions of emission and the type of cell, the geographical coordinates,2. the postal address and the details of the position of the terminal device determined by the network during its most recent activity, for example in the form of geographical coordinates and the related uncertainty value or in the form of a polygon together with details of the geographical coordinates of each polygon point, or3. the postal address and other standardised details determined by the network of the position of the terminal device during its most recent activity or of the location of the cell used;b. type ep_36_rt_cc_iri (real-time surveillance of content and secondary telecommunications data): the combination of types of surveillance in accordance with article 55 (network access services) and in accordance with article 57 (telephony and multimedia services);c. type ep_37_rt_iri (real-time surveillance of secondary telecommunications data): the combination of types of surveillance in accordance with article 54 (network access services) and in accordance with article 56 (telephony and multimedia services);d. type ep_38_hd (retroactive surveillance of secondary telecommunications data): the combination of types of surveillance in accordance with article 60 (network access services) and in accordance with article 61 (telephony and multimedia services).art. 68 wanted person search the following types of surveillance may be ordered for a search for convicted persons in accordance with article 36 spta; "wanted person search" must be indicated in the surveillance order as the reason for surveillance (art. 49 para. 1 let. e):a. one of the types of real-time surveillance of the content and secondary telecommunications data of network access services or applications in accordance with articles 55, 57 or 59;b. one of the types of real-time surveillance of secondary telecommunications data of network access services or applications in accordance with articles 54, 56 or 58;c. one of the types of retroactive surveillance in accordance with articles 60-63;d. an antenna search in accordance with article 66 and the corresponding preparations in accordance with article 64 and 65.section 12 off-network identifiers art. 69 surveillance in accordance with articles 56-59, 61 and 62 also includes telecommunication carried out via the services under surveillance that can be assigned to the identifier under surveillance (target id) even if the identifier under surveillance is not administered by the provider given the assignment.chapter 4 final provisions art. 70 organisational, administrative and technical regulations the fdjp shall issue the organisational, administrative and technical regulations on conducting surveillance of post and telecommunications. in particular, it shall determine the deadlines within which the relevant data must be supplied.art. 71 implementation 1 the ptss shall provide electronic forms and interfaces to be used by those concerned. the forms and interfaces shall make it possible in particular for:a. the ordering authorities:1. to submit a surveillance order to the ptss,2. to instruct the ptss to grant or amend rights of access;b. the ptss:1. to instruct the persons or entities required to cooperate with the conduct of a surveillance measure,2. to pass on a request for information to the persons or entities required to cooperate and to forward their answers to the requesting authority;c. the authorised authorities to submit a request for information to the ptss.2 the ptss may at the appropriate time replace the electronic forms with online access to the service's processing system and introduce an electronic approval process for orders requiring approval. the electronic forms may continue to be used if online access to the processing system is impossible for technical reasons or if the processing system fails.art. 72 repeal of another enactment the ordinance of 31 october 200115 on the surveillance of post and telecommunications is repealed.15 [as 2001 3111; 2004 1431, 2021 art. 7, 3383; 2006 4705 no ii 77; 2007 4029; 2011 5955; 2016 4337 no ii; 2017 4151 annex 4 no ii 11]art. 73 amendment of other enactments the ordinances below are amended as follows:1. and 2. .1616 the amendments may be consulted under as 2018 147.art. 74 transitional provisions 1 surveillance activities ordered before this ordinance comes into force shall continue unchanged. these activities shall be extended or terminated in accordance with the previous law applicable to those types of surveillance.2 circuit trials ongoing in accordance with the previous practice when this ordinance comes into force shall be terminated.3 tsps that submit an application to the ptss for categorisation as a tsp with reduced surveillance duties in accordance with article 51 within three months of this ordinance coming into force shall be deemed to be such from the date on which this ordinance comes into force and for the duration of the procedure. the ptss may revoke this categorisation for the duration of the procedure if approval of the application is unlikely. article 51 paragraph 5 does not apply to tsps previously required to report.4 within 3 months of this ordinance coming into force, tsps and providers of derived communication services with more extensive duties to provide information in accordance with article 22 shall modify their systems in order to implement the new requirements on the identification the subscribers (art. 19) and recording persons' details in the case of mobile services (art. 20).5 within 6 months of this ordinance coming into force, tsps, with the exception of those with reduced surveillance duties in accordance with article 51, and providers of derived communication services with more extensive surveillance duties in accordance with article 52 shall modify their systems in order to be able to supply the information specified in articles 38 and 39.6 within 24 months of this ordinance coming into force:a. it must be possible to supply the secondary telecommunications data on communication attempts in the case of retroactive surveillance activities;b. tsps must make technical modifications to the systems they have available in order to be able to supply the data on email services specified in articles 58, 59 and 62. before then, they must supply the data on email services in the same way as before.7 until the new processing system procured under the telecommunications surveillance17 programme comes into operation:a. the ptss may continue to compile statistics (art. 12) in accordance with the previous law;b. information provision (art. 35-48) and surveillance activities (art. 54-68) shall continue to be carried out with the existing system, the previous formats and the corresponding forms. they shall be transmitted using a secure means of transmission authorised by the ptss, by post or fax; article 17 paragraphs 1-2 does not apply;c. information provision based on a flexible name search in accordance with article 27 in conjunction with articles 35, 40, 42 and 43 is not possible; from the date on which the new system comes into operation, it will only be carried out by tsps and providers of derived communication services with more extensive duties to provide information in accordance with article 22 that have modified their systems accordingly.8 within 12 months of the new processing system coming into operation, tsps and providers of derived communication services with more extensive duties to provide information in accordance with article 22 shall modify their systems in order to supply the information specified in articles 35-37 and 40-42 and in article 27 in conjunction with articles 35, 40 and 42 automatically via the query interface of the processing system (art. 18 para. 2) and in order to be able to carry out the flexible name search in accordance with article 27 in conjunction with articles 35, 40, 42 and 43.17 bbl 2015 3033art. 75 commencement this ordinance comes into force on 1 march 2018.annex (art. 2)terms and abbreviations 1. ip address (internet protocol address): address that identifies all devices connected to a network that communicate using the internet protocol; there are version 4 (ipv4) and the version 6 (ipv6) ip addresses;2. subscribers: persons who have entered into a contract with a provider of telecommunications or derived communications services on using its services or who have registered for its services or received a means of access to its services;3. multimedia services: communications services which in addition to speech integrate other types of media and functions, such as video, file transfer, images, audio, parts of content, presence information (examples: video telephony, unified communication, rcs, multimedia telephony device);4. identifier: addressing element, identification number or other unique indicator of a specific subscriber, a specific service or a specific device;5. msisdn (mobile subscriber integrated services digital network number): unique telephone number on which subscribers to a mobile network can be called;6. dsl identifier (digital subscriber line identifier): identifier of a digital subscriber line, i.e. of a broadband access to the network by means of which data can be sent and received via copper wires;7. ip prefix: part of the ipv6 address that identifies network concerned;8. ip address range: a number of successive ip addresses;9. net mask: in internet protocol version 4 (ipv4), describes how many bits at the start of the ip address displayed identify the network concerned;10. prefix length: in internet protocol version 6 (ipv6), describes how many bits at the start of the ip address displayed identify the network concerned;11. sim (subscriber identity module): smart card or chip permanently built into to the terminal device on which the imsi and the related key are securely stored; the sim is used to authenticate the subscribers to a mobile network, and includes the usim (universal subscriber identity module), uicc (universal integrated circuit card) and esim (embedded sim);12. iccid (integrated circuit card identifier): series-number of a built-in chip (e.g. esim) or of a smart card (e.g. sim card) that uniquely identifies the chip;13. imsi (international mobile subscriber identity): number that allows the unique international identification of mobile communication subscribers;14. imei (international mobile equipment identity): number that allows the unique international identification of mobile communication terminals;15. mac address (media access control address): hardware address that is stored in a network card or a network adapter and that is used as the unique address at the level of osi layer 2;16. puk code (personal unblocking key): unchangeable pin assigned to the sim used to unblock the sim if the pin code has been entered incorrectly on several occasions;17. puk2-code (personal unblocking key 2): same as the puk code, but assigned to the pin2 code;18. nat (network address translation): procedure for translating network addresses. the address information in ip packages is automatically replaced with other address information by a network element (e.g. router);19. source ip address: ip address that is assigned to the communication end point (normally the client) that establishes the connection;20. port number: address of a port; a port is the logical end point for communications with or within a computer system. a port is linked to an ip address and the communication protocol type;21. source port number: port number that is assigned to the communication end point (normally the client) that establishes the connection;22. destination ip address: ip address that is assigned to the communication end point (normally the server) with which the connection is established;23. destination port number: port number that is assigned to the communication end point (normally the server) with which the connection is established;24. sip (session initiation protocol): communication protocol that is used for signalling and maintaining multimedia communication sessions;25. sip uri (sip uniform resource identifier): uri scheme for addressing the sip. the sip uri are addressing elements in the format user@domain.tld;26. impu (ip multimedia public identity): in addition to the impi, a subscriber to the ims has one or more impus that are used to communicate with other subscribers. one impi may be assigned several impus. conversely an impu may also be shared with other subscribers;27. tel uri (telephone uniform resource identifier): uri scheme for telephone numbers. the tel uri are addressing elements in the format tel:number, e.g. tel:+41-868-868-868;28. impi (ip multimedia private identity): globally unique identifier, assigned by providers to their subscribers, which is used inter alia for registration and aaa events. every subscriber to ip multimedia subsystems (ims) has an impi. the ims is telecommunications system based on the internet protocol that integrates mobile voice services and internet functions;29. alias address: additional email address that the subscriber can set up, change and delete at will. the email provider determines the maximum number of alias addresses and their structure. the alias addresses are linked to the email account. an email sent to an alias address is delivered to the same email box as used for the subscriber's related main email address;30. mailing list: list of email addresses, also known as a distribution list or distribution group. the list has its own email address. the messages that are sent to the mailing list address are forwarded on to the email addresses of its members;31. messaging services: message transmitting services that are independent of from telephony and multimedia services. they include instant messaging, ims messaging and messaging applications (apps) and sms services from third-party providers (i.e. sms services not provided by the subscriber's tsp). these services may also include additional functions such as multimedia communication, data transmission and presence information (e.g. a subscriber can see the current status and potentially the location of the other subscribers);32. cloud-services: derived communications services such as storage services and applications that are available online and hosted in data centres around the world depending on the need for resources;33. proxy services: communication interface in a network. it works as an intermediary that accepts requests on one side in order to establish a connection via its own address with the other side. proxy services are therefore relevant for the purposes of identification;34. public wlan access point: public wireless access point to a public telecommunications network that can be found both in public and in private spaces;35. cgi (cell global identity): unmodified cell identifier in second and third generation mobile networks (2g and 3g) (see 3gpp ts 23.003, clause 4.3.1); 36. ecgi (e-utran cell global identity): unmodified cell identifier in fourth generation mobile networks (4g) (see 3gpp ts 23.003, clause 19.6);37. sai (service area identity): unmodified identifier for a service area that is used in mobile networks for mobility management (see 3gpp ts 23.003, clause 12.5);38. rai (routing area identity): unmodified identifier for a routing that is used in mobile networks for mobility management related to packet-switched data transmission (see 3gpp ts 23.003, clause 4.2);39. tai (tracking area identity): unmodified identifier for a tracking area that is used for mobility management in fourth generation mobile networks (see 3gpp ts 23.003, clause 19.4.2.3);40. bssid (basic service set identifier): unique identifier (mac address) of the wlan access point;41. target id: identifier under surveillance, i.e. the identifier of the target of the surveillance;42. aaa (authentication, authorisation and accounting) information: information on which subscribers are allowed to use which services and which is used to bill subscribers for service usage. for the purposes of this ordinance, passwords are not regarded as aaa information. authentication is the process by which a subscriber is identified before the access is granted. authorisation determines which rights of access to resources or services that a subscriber holds and also guarantees access control. the subscriber's use of resources is measured for accounting purposes;43. sms (short message service): messaging service for transmitting short text messages;44. voice mail: storage devices used in telecommunication networks that offer answering services (e.g. receiving, forwarding and storing voice messages). there are also extensions for various types of media and services, such as sms, email, fax or video messages as well as function extensions such as converting from one type of media to another and the sending of messages;45. rcs (rich communications services): (originally: rich communication suite) specification of the international industry organisation for mobile telephony providers (gsm association, gsma) for the ims based provision of interoperable (i.e. cross-provider and cross-terminal) multimedia services with extended functional scope. various types of media (e.g. language, music, photographs, videos) and services (e.g. chat, chat groups, calls, multimedia messages, short messages, instant messages, presence information, transmission of files, address books) can be combined; the rcs services are provided to subscribers by their mobile telephony provider;46. e.164 number: telephone number in accordance with international numbering plan e.164 of the itu-t;47. dtmf (dual-tone multi-frequency): a signalling procedure, i.e. during a telephone conversation, signals can be sent by pressing the telephone keypad, for example to interact with answering machines or automatic voice response systems;48. mms (multimedia messaging service): messaging service for transmitting messages in different types of media (multimedia) in mobile networks.

783.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton the organisation of swiss post(post organisation act, poa)of 17 december 2010 (status as of 19 december 2020)the federal assembly of the swiss confederation,on the basis of article 92 of the federal constitution1,and having considered federal council dispatch dated 20 may 20092decrees:1 sr 1012 bbl 2009 5265section 1 general provisions art. 1 aim this act governs the organisation of swiss post and its change of legal form.art. 2 legal form and name 1 swiss post is a company limited by shares subject to a special statutory regime.2 it shall be entered in the commercial register under the names die schweizerische post ag, la poste suisse sa, la posta svizzera sa, la posta svizra sa.art. 3 objects 1 the objects of swiss post are to provide the following services both domestically and abroad:a. conveyance of postal items and small consignments in standardised containers, as well as all related services;b.the following financial services:1.payment services,2.accepting customer deposits,3.account services and other related services,4.investments in its own name,5.other financial services on behalf of third parties;c.regional passenger transport services and related services.2 it may engage in all legal transactions which serve the objects of the undertaking, and in particular:a. acquire and dispose of real estate;b. form companies;c. take equity interests in companies;d. borrow and invest funds from and in money and capital markets. 33 it may not, however, grant loans or mortgages to third parties. it is entitled to continue the loans granted on the basis of article 19 of the covid-19 financial guarantees ordinance of 25 march 20204 at the latest until they are fully repaid in accordance with article 3 of the covid-19 financial guarantees act of 18 december 20205.64 within the normal use of its infrastructure, it may provide services on behalf of third parties.34 [as 2020 1077 1207 1233 art. 21 3799]5 sr 951.266 second sentence inserted by art. 28 no 2 of the covid-19 financial guarantees act of 18 dec. 2020, in force from 19 dec. 2020 until 31 dec. 2032 (as 2020 5831; bbl 2020 8477 8819).art. 4 applicable law unless this act provides otherwise, swiss post is subject to the provisions of the swiss code of obligations governing companies limited by shares7.7 sr 220section 2 share capital and ownership strategy art. 5 share capital the amount of the share capital, as well as the type, nominal value and number of shares shall be set out in the articles of association.art. 6 circle of shareholders the swiss confederation is the shareholder of swiss post. it must hold a majority of the capital and voting rights. art. 7 ownership strategy 1 every four years, the federal council shall determine the strategic goals that the swiss confederation aims to achieve as owner of swiss post.2 prior to adopting the strategic goals, the federal council shall consult the competent committees of the federal parliament.3 the board of directors shall ensure implementation of the strategic objectives, report to the federal council with regard to their attainment, and make available to it such information as is necessary for the purpose of verification.section 3 corporate bodies and personnel art. 8 corporate bodies 1 the corporate bodies of swiss post are the general meeting of shareholders, the board of directors, and the auditors.2 no member of the board of directors may belong to the executive management.3 swiss post personnel must be appropriately represented in the board of directors.art. 9 employment relationship 1 swiss post personnel are employed under private law.2 swiss post shall conduct negotiations with the staff associations for the purpose of concluding a collective employment contract; the obligation to conduct negotiations on a collective employment contract pursuant to article 4 paragraph 3 letter c of the postal services act of 17 december 20108 is reserved.3 in its capacity as employer, swiss post shall promote the diversity and equality of its employees, in particular equality for employees with disabilities.4 the federal council shall ensure that at swiss post and the undertakings it controls, article 6a paragraphs 1-5 of the federal personnel act of 24 march 20009 shall apply mutatis mutandis to members of the management bodies and to other personnel who are remunerated at a comparable level.8 sr 783.09 sr 172.220.1section 4 tax liability art. 10 swiss post has the same tax liability as companies.section 5 legal relationships and liability art. 11 1 swiss post's legal relationships are governed by the provisions of private law.2 the liability of swiss post, its corporate bodies and personnel is governed by the provisions of private law. the government liability act of 14 march 195810 does not apply.10 sr 170.32section 6 final provisions art. 12 implementation the federal council shall implement this act.art. 13 change in legal form 1 the autonomous institution is converted to a company limited by shares subject to a special statutory regime under the provisions of this act. its legal relationships are not changed thereby.2 the federal council shall determine the date of the change in legal form. prior to the change, it shall consult the competent committee of the federal parliament. the federal council shall adopt such decrees as are necessary for the change of legal form:a.it shall decide as to the opening balance of the company limited by shares;b.it shall select the board of directors, appoint its chairperson, and adopt the first articles of association;c.it shall appoint the auditors.3 when deciding on the opening balance, it shall approve the institution's final accounts and management report; the institution's board of directors shall make a corresponding motion.4 when deciding on the opening balance, it may convert the institution's endowment capital into the equity capital of the company limited by shares in order to attain a reasonable level of equity capital. the state accounts of the swiss confederation and the swiss post balance sheet shall be adjusted accordingly.5 the board of directors of the institution shall prepare for the conversion to the new legal form, as well as the spin-off of postfinance and the transfer of postfinance's assets. as of the date of the change of legal form, the board of directors of the company limited by shares shall issue the organisational regulations and shall perform its other tasks in accordance with the code of obligations11 and the articles of association.6 in its capacity as employer, the company limited by shares shall continue the existing employment relationships. the public law employment relationships of the personnel shall be converted into private law employment relationships at the time that the new collective employment contract takes effect, or no later than two years following the change of legal form. 7 any entries in the land register, the commercial register and any other public registers in connection with the change of legal form shall be exempt of taxes and charges.8 the provisions of the mergers act of 3 october 200312 apply to the change of the legal form of the institution into a company limited by shares.11 sr 22012 sr 221.301art. 14 spin-off of postfinance 1 the unit of the swiss post ltd. group that provides payment services under the postal service legislation shall be spun-off into a private company limited by shares known as postfinance ltd.2 swiss post ltd. is the shareholder of postfinance ltd. it must hold a majority of the company's equity capital and voting rights.3 existing contractual relationships relating to payment services shall be transferred at the time of the spin-off to postfinance ltd.4 in its capacity as employer, postfinance ltd. shall continue the existing employment relationships. the public-law employment relationships shall be converted into private-law employment relationships at the time of the spin-off of postfinance, or no later than two years thereafter.5 any entries in the land register, the commercial register, and any other public registers in connection with the deconsolidation and the transfer of assets shall be exempt of taxes and charges.6 the provisions of the mergers act of 3 october 200313 apply mutatis mutandis to the spin-off of postfinance and the transfer of assets; the federal council may declare individual provisions as not applicable.7 the spin-off requires the approval of the federal council.13 sr 221.301art. 15 transitional provisions 1 the federal department of the environment, transport, energy and communications may:a.correct allocations of immovable property and rights in rem on the basis of article 20 paragraph 2 letter b of the postal services organisation act of 30 april 199714 until the end of 2013;b.correct register entries which were made on the basis of article 13 paragraph 7 as well as article 14 paragraph 5 for a period of five years following the commencement of this act, by decree, free of taxes and charges.2 complaints made by personnel filed prior to the commencement of this act are adjudicated under the previous law.3 where postfinance ltd.'s own financial resources and those of swiss post ltd. are insufficient, the swiss confederation is liable:a.for customer deposits up to chf 100,000 per creditor for a period of 5 years following the commencement of this act;b.for bonds still outstanding after the expiry of the five-year period until their maturity date;c. for all remaining obligations until their final maturity date or for the duration of the termination notice period, but no later than 5 years following the commencement of this act.4 swiss post ltd. and postfinance ltd. are authorised for a period of three years following the commencement of this act and on becoming liable to pay tax to valorise any existing hidden reserves in a tax-neutral manner.14 [as 1997 2465]art. 16 repeal and amendment of the laws currently in force the repeal and amendment of the laws currently in force are governed by the annex.art. 17 referendum and commencement 1 this act is subject to optional referendum.2 it comes into force together with the postal services act of 17 december 201015. the federal council may bring certain provisions into force at an earlier date where necessary for the change of legal form.commencement date: 1 october 20121615 sr 783.016 fcd of 29 aug. 2012.annex (art. 16)repeal and amendment of existing legislation ithe federal act of 30 april 199717 on the organisation of federal postal services is repealed.iithe following acts are amended as follows:.1817 [as 1997 2465, 2000 2355 annexe no 22, 2001 707 art. 31 no 3, 2003 3385, 2007 4703]18 the amendments may be consulted under as 2012 5043.

784.10english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.telecommunications act(tca)of 30 april 1997 (status as of 1 july 2021)the federal assembly of the swiss confederation,based on article 92 of the constitution1,2and having regard to the federal council dispatch of 10 june 19963,decrees:1 sr 1012 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).3 bbl 1996 iii 1405chapter 1 general provisions art. 1 aim 1 the aim of this act is to ensure that a range of cost-effective, high quality, and nationally and internationally competitive telecommunications services is available to private individuals and the business community.2 it shall in particular:a. ensure that a reliable universal service is provided, at affordable prices, for all sections of the population in all parts of the country;b. ensure that telecommunications traffic is free from interference and respects personal and incorporeal property rights;c. allow effective competition in the provision of telecommunications services;d.4 protect users of telecommunications services from unfair advertising and from abuse associated with value-added services;e.5 protect children and minors from the risks that arise from using telecommunications services.4 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 july 2021 (as 2020 6159; bbl 2017 6559).5 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 26 subject this act shall regulate the transmission of information by means of telecommunications techniques, including the transmission of radio and television programme services, provided the federal act of 24 march 20067 on radio and television (rtva) does not prescribe otherwise.6 amended by annex no ii 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).7 sr 784.40art. 3 definitions in this act:a. information means signs, signals, characters, images, sounds and any other form of representation addressed to human or other living beings or to machines;b. telecommunications service means transmission of information for third parties by means of telecommunications techniques;c. transmission by means of telecommunications techniques means sending or receiving of information, by lines or radio, by means of electrical, magnetic or optical signals or other electromagnetic signals;cbis.8 public telephony service means a telecommunications service for the transmission of speech in real time by means of one or more addressing resources provided for this purpose in a national or international numbering plan;cter.9 value-added service means a service provided by means of a telecommunications service and charged to the customers by their telecommunications service provider in addition to telecommunications services;d. telecommunications installations means apparatus, lines or equipment intended for the transmission of information by means of telecommunications techniques or used for that purpose;dbis. and dter.10 .e.11 interconnection means establishment of access by the connection of the installations and services of two telecommunications service providers, enabling them to operate together logically and in accordance with telecommunications techniques and allowing access to the services of third parties;ebis.12 leased lines means provision of transparent transmission capacities via point-to-point connections;eter.13 cable ducts means underground pipes in which lines for transmission of information by telecommunications techniques are conveyed, including the access shafts;f.14 addressing resource means a sequence of digits, letters, signs or other information that enable the persons taking part in a telecommunications operation, as well as the computer processes, machines, apparatus or telecommunications installations involved, to be identified;g.15 directory data means information that identifies or designates a customer in relation to an individually assigned addressing element and which is used in order to publish a directory or is required for the provision of a telecommunications service;h.16 radio and television programme service means sequence of programmes as defined in article 2 rtva17.8 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).9 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).10 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). repealed by no i of the fa of 22 march 2019, with effect from 1 jan. 2021 (as 2020 6159; bbl 2017 6559).11 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).12 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).13 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).14 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).15 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).16 inserted by annex no ii 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).17 sr 784.40chapter 2 telecommunications services section 1 common provisions art. 3a18 evaluation report 1 the federal council shall submit a report to the federal assembly every three years on:a. the development of investments made throughout switzerland;b. the development of the universal provision of services;c. the quality and the prices of the telecommunications services on offer;d. the development of network competition;e. the costs and granting of access to the local loop, irrespective of the technology underlying these connections.2 if required, the federal council shall submit proposals to the federal assembly for promoting effective competition.18 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 419 registration of telecommunications service providers 1 the federal office of communications (ofcom) shall register telecommunications service providers that use any of the following resources intended for providing telecommunications services:a. radio frequencies whose use requires a licence;b. addressing resources that are managed at national level.2 registered providers may allow other telecommunications service providers to use resources under paragraph 1 only if these other providers have registered beforehand.3 ofcom shall maintain and publish a list of registered providers and the telecommunications services that they offer.4 the federal council shall regulate the details of registration.19 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 520 telecommunications service providers organised under foreign law the competent authority may, subject to any international obligations to the contrary, prohibit telecommunications service providers organised under foreign law from using radio frequencies or addressing resources under article 4 paragraph 1 unless reciprocal rights are granted.20 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 621 telecommunications service providers with registered office or permanent settlement in switzerland telecommunications service providers with a registered office or permanent settlement in switzerland must:a. comply with the employment regulations and guarantee the conditions of employment customary in the industry;b. offer an appropriate number of vocational education and training places for apprentices.21 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 6a22 blocking access to telecommunications services providers of telecommunications services must block the access to telephone and internet services for persons who have established a customer relationship that is not based on a subscription where these persons on establishing the customer relationship:a. have used the identity of a person who does not exist or who has not previously consented to establishing the customer relationship; orb. has failed to provide a document that meets the requirements imposed by the federal council under article 23 paragraph 1 of the federal act of 18 march 201623 on the surveillance of postal and telecommunications traffic.22 inserted by annex no ii 3 of the fa of 18 march 2016 on the surveillance of postal and telecommunications traffic, in force since 1 march 2018 (as 2018 117; bbl 2013 2683).23 sr 780.1art. 7-1024 24 repealed by no i of the fa of 24 march 2006, with effect from 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 1125 granting of access by dominant providers 1 providers of telecommunications services that have a dominant position in the market must provide access to other providers in a transparent and non-discriminatory manner at cost-oriented prices in the following forms to their facilities and services:26a.27 fully unbundled access to the local loop in order to use the entire frequency spectrum of the twisted pair metallic line;b. and c.28 .d. interconnection;e. leased lines;f. access to cable ducts, provided these have sufficient capacity.2 they shall disclose the conditions and prices for their individual access services separately.3 the federal council regulates the details.4 providers of telecommunications services shall provide ofcom29 with a copy of their access agreement. unless there is some overriding public or private interest not to do so, ofcom shall allow agreements to be consulted.5 there is no obligation to guarantee access in relation to the broadcasting of radio and television programme services.25 amended by art. 106 para. 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).26 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).27 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).28 repealed by no i of the fa of 22 march 2019, with effect from 1 jan. 2021 (as 2020 6159; bbl 2017 6559).29 term in accordance with no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559). this change has been made throughout the text.art. 11a30 disputes regarding access 1 if providers of telecommunications services do not agree within three months on the access conditions, the federal communications commission (comcom) shall decide at the request of one party and based on the proposal made by ofcom.31 it shall take particular account of the conditions which promote effective competition, as well as the effects of its decision on competing companies. it may accord interim legal protection.2 if the question of dominance in the market must be assessed, ofcom shall consult the competition commission. the latter may publish its position.3 comcom32 shall decide within seven months of receipt of the request.4 it shall regulate the type and form of accounting and financial information which dominant providers of telecommunications services must submit in the procedure in accordance with para. 1.30 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).31 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).32 term in accordance with no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559). this change has been made throughout the text.art. 11b33 disputes arising from agreements and decisions regarding access disputes arising from agreements and decisions regarding access shall be judged by the civil courts.33 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 1234 bundling of services 1 dominant providers of telecommunications services may bundle their services, provided they also offer the services included in the bundle individually.2 services need not be offered individually if they can only be offered in the bundle for technical, economic, quality or security reasons.3 if a provider of telecommunications services bundles its own services with services of a third party undertaking which this provider controls or is controlled by, paragraphs 1 and 2 apply.34 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 12a35 obligations of transparency and to provide information 1 the telecommunications service providers must guarantee that their prices are transparent to their customers.2 they shall inform the public concerning the quality of the telecommunications services that they provide.3 the federal council shall specify the information that the providers must publish.4 ofcom may inform the public about the various telecommunications services offered by the providers.35 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 12abis 36 international roaming 1 the federal council may issue regulations on international roaming in order to avoid unreasonably high end customer tariffs, and may take measures to encourage competition. it may in particular: a. issue regulations on billing procedures;b. require mobile telephony providers to allow their customers to use the roaming services of third-party providers when abroad;c. fix price limits based on international agreements;d. require mobile telephony providers to offer bundled services including roaming services as well as options that allow the use of roaming services at fixed prices or reduced standard prices.2 ofcom shall conduct market monitoring procedures and analyse technical and price-related developments. in doing so, it shall rely in particular on the information obtained from providers under article 59 paragraph 1 and shall work with the price supervisor.36 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 12b37 value-added services to prevent abuses, the federal council shall regulate value-added services by taking the following measures in particular:a. fixing price limits;b. issuing regulations on the recognisability of value-added services;c. fixing the amounts above which a charge may only be made with the express consent of the users;d. subject to compliance with international obligations, requiring that providers of value-added services have their registered office or a permanent settlement in switzerland.37 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 12bbis 38 reasons for blocking a connection if a customer disputes an invoice from their telecommunications service provider for services other than telecommunications services, the provider is not permitted for this reason to block access to telecommunications services nor to terminate the contract before the dispute is settled.38 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 12c39 dispute resolution 1 ofcom shall establish a dispute resolution service or shall entrust this to third parties. in the event of disputes between customers and providers of telecommunications services or value-added services, either party may invoke the service.2 the party invoking the dispute resolution service shall pay a handling fee. the provider of telecommunications services or value-added services shall bear the costs of the procedure minus the handling fee.3 the parties are not bound by the dispute resolution decision.4 the federal council regulates the details.39 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 12d40 public directories 1 customers of telecommunications services shall have the option of having their details recorded in the public directories. they may within the limits set under paragraph 2 decide which directory data pertaining to them may be published.2 the federal council may specify which data a directory entry must include as a minimum. it may regulate the details of publication and the use of the data.40 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 12e41 open internet 1 the providers of internet access shall transmit information without making any technical or commercial distinction between senders, recipients, content, services, service classes, protocols, applications, programmes or terminals.2 they may transmit information by different methods if this is required in order to:a. comply with a statutory requirement or court decision;b. guarantee the integrity or security of the network, the services provided on this network or the terminals connected to it;c. comply with an express request from the customer; ord. overcome temporary and exceptional network congestion; in doing so, equivalent forms of data traffic shall be treated equally.3 in addition to internet access, they may offer other services via the same connection which must be optimised for specific content, applications or services in order to meet the quality requirements of customers. these other services must not be usable or offered as a substitute for internet access services, and they must not degrade the quality of internet access services.4 if they handle information in a different technical or economic manner during transmission, they must inform their customers and the public of this.41 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 1342 provision of information by ofcom 1 unless there is an overriding public or private interest in not doing so, ofcom shall on request provide the name and address of the provider of telecommunications services or value-added services, and information on the services provided by it and any administrative or criminal prosecutions and penalties.2 it may publish this information and make it accessible online if there is a public interest.3 only in the case of overriding public or private interest may it provide information on ongoing administrative or criminal prosecutions, publish that information or make it accessible online.42 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 13a43 processing of data 1 comcom and ofcom may process personal data, including data concerning administrative or criminal prosecutions and penalties and personality profiles, provided that this is indispensable for the fulfilment of the tasks imposed on them by the telecommunications legislation. they may use an information system for this purpose.2 they shall take the technical and organisational measures necessary for data protection and security during processing, and in particular during transmission.3 the federal council may issue complementary provisions, namely concerning the organisation and operation of the information system, the categories of the data to be processed, access and processing authorisations, the term of conservation as well as the archiving and destruction of data.43 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 13b44 administrative assistance 1 comcom and ofcom shall provide to other swiss authorities data which these authorities need in order to fulfil their legal duties. this data also includes sensitive data and personality profiles obtained in administrative or administrative criminal procedures. the data shall be made accessible individually, in lists or on electronic media.2 subject to international agreements to the contrary, comcom and ofcom may only transfer data to foreign surveillance authorities in the telecommunications sector, including sensitive personal data and personality profiles obtained in administrative or administrative criminal procedures, if these authorities:a. use such data exclusively to conduct surveillance of telecommunications service providers or for purposes of market surveillance;b. are bound by official or professional secrecy; andc. forward this data to competent authorities and bodies which are entrusted with surveillance tasks in the public interest only with the prior consent of comcom or ofcom or on the basis of a general authorisation in a treaty.3 comcom and ofcom shall not forward data to foreign prosecuting authorities if legal assistance is excluded in criminal matters. comcom or ofcom shall decide in agreement with the federal office of justice.4 swiss authorities shall forward to comcom and ofcom without charge such data as may be important for the enforcement of telecommunications legislation, including sensitive personal data and personality profiles. the data shall be made accessible individually, in lists or on electronic media.44 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).section 2 universal service licence45 45 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951). art. 1446 the licence 1 comcom shall ensure that the universal service is guaranteed for all sections of the population in all parts of the country. to this end, it shall periodically grant one or more universal service licences.2 the licence shall be tied to the condition that all or specific services of the universal service (art. 16) are provided to all sectors of the population within the area covered by the licence.3 an invitation to tender shall be issued for the granting of the licence. the procedure shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. the federal council regulates the details. the law on public procurement does not apply.474 if it is clear in advance that the invitation to tender cannot proceed under conditions of competition, or if it does not produce any suitable candidates, comcom may appoint one or more providers of telecommunications services to guarantee the universal service.5 licences are generally limited to the same term.46 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).47 fourth sentence inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 15 conditions for granting the licence any person wishing to obtain a universal service licence must:a. have the necessary technical capacities;b.48 furnish convincing proof that the service can be offered, particularly with regard to finance, and the service operated for the entire duration of the licence, and state what financial compensation, in accordance with article 19, will be required;c. undertake to comply with the applicable legislation, in particular this act and its implementing provisions, and the licence conditions;d.49 undertake to comply with employment legislation and to guarantee the working conditions that are customary in the sector.48 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).49 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 16 scope of the universal service50 1 the universal service licensee shall provide one or more of the following services to meet demand in the area covered by the licence, in accordance with the state of the art:51a.52 a public telephone service, i.e. transmission of speech in real time by means of telecommunications techniques, including transmission of data employing transfer rates compatible with the channels for transmitting speech, as well as the connection and additional services;b. access to emergency call services;c. public pay telephones in sufficient numbers;d.53 access to the swiss directories of subscribers to the public telephone service; the federal council may require a universal service licensee to maintain a directory of all customers of services of the universal service (general directory);e.54 .551bis services of the universal service must be ensured in such a way that persons with disabilities are offered comparable terms and conditions with respect to quality, quantity and prices as those without disabilities. in this respect the universal service licensee must ensure in particular that:a. public call boxes meet the requirements of the sensory impaired and those with reduced mobility;b. a relay service is provided for the hearing impaired;c. a directory enquiry and operator service is provided for the visually impaired.562 the federal council shall fix the detailed rules for implementation. it may lay down special provisions for connections outside built-up areas. it may delegate its powers in this regard to the federal department of the environment, transport, energy and communications (detec).573 the federal council shall periodically adapt the content of the universal service in accordance with the state of the art and social and economic requirements.50 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).51 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).52 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).53 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).54 repealed by annex no 5 of the fa on equality for disabled persons of 13 dec. 2002, with effect from 1 jan. 2004 (as 2003 4487; bbl 2001 1715).55 the list is no longer up-to-date. see now: para. 3 and art. 15 of the o of 9 march 2007 on telecommunications services (sr 784.101.1).56 inserted by annex no 5 of the fa on equality for disabled persons of 13 dec. 2002, in force since 1 jan. 2004 (as 2003 4487; bbl 2001 1715).57 third sentence amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 17 quality and price 1 services of the universal service must be of a certain quality throughout the country. the federal council shall decide the quality criteria.2 the federal council shall endeavour to ensure that charges do not depend on distance. it shall periodically fix upper limits for the prices of the services of the universal service. these upper limits shall apply uniformly over the whole area and shall be determined by the development of the market.art. 1858 58 repealed by no i of the fa of 24 march 2006, with effect from 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 1959 financial compensation 1 if it is clear before the granting of the licence that, even with efficient management, it will not be possible to cover the costs of provision of the universal service in a given area, the licensee shall be entitled to financial compensation.2 any licensee in receipt of financial compensation must present all the information required for cost evaluation and cost control, in particular the accounting and finance information, to ofcom each year.3 the federal council regulates the details.59 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 19a60 transfer and amendment of the licence 1 the licence may only be wholly or partly transferred to a third party with comcom's approval.2 article 24e applies to the amendment of the licence.60 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 19b61 publication by ofcom unless there is some overriding public or private interest not to do so, ofcom shall publish the name and address of the licensee, the subject of the licence and the rights and obligations deriving from the licence.61 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).section 3 obligations deriving from the provision of specific services62 62 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 2063 emergency call service 1 the telephone service providers must offer a service that enables users to contact the appropriate emergency call centre in the event of danger to life and limb, health or property (emergency call service).2 they must guarantee routing and location identification for emergency calls. the federal council may, after weighing-up the interests of public and the providers and taking account of technical developments and international harmonisation, specify exceptions and permit the use of the positioning functions of terminals even without the express consent of the user.3 the federal council may extend the obligation provide the emergency service to other telecommunications services that are publicly accessible and widely used.63 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 2164 collecting and providing directory data 1 the telephone service providers shall collect and update the directory data of their customers. in doing so, the following applies:a. the telephone service providers are not required to check the accuracy of the data.b. they must ensure that the data corresponds to the information provided by the customers.c. they may refuse to include information in the directory data that is obviously incorrect or that serves an unlawful purpose; they may remove such information from the directory data.2 they shall allow other providers of telecommunications services or of services which are based on directory data to access the minimum content of the directory data pertaining to their customers; they shall make the data electronically accessible to them.3 they shall grant access to the data in a transparent and non-discriminatory manner at prices based on the costs of providing the directory data. in doing so, they shall take account of international technical standards. in the event of any dispute, articles 11a and 11b apply by analogy.4 the providers of services based on the directory data must safeguard the integrity of the data. they may only modify the data with the consent of the telephone service provider responsible for collecting the data. they must modify or delete the data according to the changes sent by the telephone service providers. the federal council may issue regulations on the processing of directory data.5 the telephone service providers may delegate the fulfilment of their obligations to third parties.6 the federal council may extend the application of the provisions of this article to other telecommunications services that are publicly accessible and widely used.64 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 21a65 interoperability 1 telephone service providers must ensure that all users can communicate with each other (interoperability).662 the federal council may extend the obligation under paragraph 1 to other telecommunications services that are publicly accessible and widely used.67 it may prescribe interfaces for access to the service in accordance with international standards. ofcom shall issue the required technical and administrative regulations.3 providers required to guarantee interoperability must also offer interconnection even if they are not dominant in the market. articles 11a paragraphs 1 and 3 and 11b apply by analogy to disputes regarding the conditions for interconnection.68 the federal council may impose further obligations on providers who are obliged to provide interoperability.65 inserted by no i of the fa of 24 march 2006, in force since 1 april 2007 (as 2007 921; bbl 2003 7951).66 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).67 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).68 second sentence amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 21b69 69 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). repealed by no i of the fa of 22 march 2019, with effect from 1 jan. 2021 (as 2020 6159; bbl 2017 6559).chapter 3 radiocommunications art. 2270 use of the radiocommunications frequency spectrum 1 the radiocommunications frequency spectrum may be freely used subject to compliance with the regulations on use.2 the federal council may provide that the use of certain frequencies is only permitted:a. with a licence from ofcom or, in the cases under article 22a, comcom;b. after giving notice to ofcom;c. with a proficiency certificate.3 it shall impose restrictions under paragraph 2 solely:a. to avoid radio interference;b. to guarantee the technical quality of telecommunications services and other radio applications;c. to guarantee efficient use of the radiocommunications frequency spectrum; ord. in cases in which other legislation or international treaties provide that the frequency spectrum may only be used with the approval of the responsible authority.4 in the case of frequency bands the allocation of which is the responsibility of the armed forces or civil defence in accordance with the national frequency allocation plan, the federal council shall not impose any restrictions in accordance with paragraph 2.5 it shall specify the regulations on use and the requirements for granting proficiency certificates.70 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 22a71 radio communications licences for the provision of telecommunications services 1 comcom shall issue the licences for using the radiocommunications frequency spectrum required to provide telecommunications services.2 if it is anticipated that there will be a shortage of frequencies, it shall normally conduct a public tendering process.3 it may delegate to ofcom the power to grant radio communications licences for which no shortage of frequencies under paragraph 2 exists or is anticipated in specific cases or in general for entire frequency bands.4 the federal council shall regulate the principles for granting radio communications licences that are wholly or partly intended for the broadcasting of radio and television programme services.71 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 23 conditions for granting the licence 1 any person wishing to obtain a radiocommunications licence must:a.72 have the necessary technical capacities and, insofar as required for using the relevant frequencies (art. 22 para. 2 let. c), hold the relevant proficiency certificate;b.73 undertake to comply with the applicable legislation, in particular this act, the rtva74, their implementing provisions, and the licence conditions.2 subject to any international obligations to the contrary, the licensing authority may refuse to grant a licence to undertakings incorporated under foreign law unless reciprocal rights are granted.3 a licence shall be granted only if, having regard to the national frequency allocation plan, enough frequencies are available.4 the granting of a radiocommunications licence must not eliminate or constitute a serious obstacle to effective competition unless an exception can be justified on grounds of economic efficiency. where the issue of the elimination or serious restriction of effective competition must be assessed, the licensing authority shall consult the competition commission.7572 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).73 amended by annex no ii 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).74 sr 784.4075 second sentence amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 2476 procedure for granting the licence 1 the federal council shall regulate the procedure for granting radio communications licences. it shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. all information provided by applicants shall be treated as confidential.2 the public law on public procurement does not apply.3 for the first-instance procedure concerning the public tendering process and for the appeals procedure, in particular with regard to evaluation of the submissions and in order to guarantee commercial secrecy, the federal council may deviate from the following provisions of the federal act of 20 december 196877 on administrative procedure (apa):a. determination of the circumstances (art. 12 apa);b. co-operation of the parties (art. 13 apa);c. inspection of documents (art. 26-28 apa);d. right to a hearing (art. 30 and 31 apa);e. notification and justification of decisions (art. 34 and 35 apa).4 in the procedure concerning the public tendering process, interim decisions are not in themselves contestable by means of appeal.76 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).77 sr 172.021art. 24a78 78 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). repealed by no i of the fa of 22 march 2019, with effect from 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 24b79 special licensing regulations if no licensing regulations exist for specific circumstances requiring a licence, the licensing authority shall define these on a case-by-case basis.79 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 24c80 term of the licence the licence is granted for a specific period of time. the licensing authority shall determine the term according to the type and importance of the licence.80 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 24d81 transfer of licences and cooperation between licensees 1 licences are wholly or partly transferable.2 transfers are only permitted with prior consent of the licensing authority. consent may only be refused if:a. the licence requirements under article 23 are not complied with; orb. the efficient use of frequencies free from interference is not guaranteed.3 the licensing authority may permit exceptions from the requirement of consent for individual frequency bands if it is anticipated that the efficient use of frequencies free from interference will be guaranteed and if effective competition is neither eliminated nor seriously restricted. advance notice must be given to the licensing authority of transfers that do not require consent.4 if the licence has been granted by comcom, paragraph 2 applies by analogy to the economic transfer of the licence. an economic transfer occurs when a company has taken over control of the licensee in accordance with the law on cartels.5 where holders of licences granted by comcom make joint use of components of radio communications networks, they must give advance notice of this to comcom. the joint use of frequencies requires consent under paragraph 2.81 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 24e82 amendment and revocation of the licence 1 the licensing authority may amend or revoke the licence due to changes in actual or legal conditions if the amendment or revocation is necessary to guarantee important public interests.2 the licensee shall be appropriately compensated if the transferred rights are revoked or substantially reduced.82 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 24f83 provision of information by ofcom 1 provided there are no overriding public or private interests, ofcom shall provide the name and address of the licensee, and information on the subject of the licence, the rights and obligations attached to the licence, the frequency assignments and the transmitter locations.842 it may publish this information and make it accessible online if there is a public interest.83 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).84 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 25 management of frequencies 1 ofcom shall manage the frequency spectrum and the swiss utilisation rights and orbital positions of satellites in accordance with the relevant international agreements. it shall take appropriate measures to ensure that these resources are used efficiently and without interference and to provide equitable access to them on the basis of the national frequency allocation plan.1bis it shall issue the national frequency allocation plan. in doing so, it shall take appropriate account of the frequency requirements for armed forces and civil protection operations; it shall work with the responsible armed forces office.852 the national frequency allocation plan is subject to approval by the federal council.863 in the event of a mobilisation of troops, the federal council may allocate the armed forces additional free or already licensed frequencies for the duration of operations.8785 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).86 amended by annex no ii 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).87 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 26 technical monitoring 1 ofcom shall monitor the frequency spectrum for planning and surveillance purposes.2 it shall carry out these checks alone or in co-operation with other authorities. the federal council shall fix the detailed rules for such co-operation.3 ofcom may intercept or record radiocommunications traffic if this is necessary to ensure that telecommunications and broadcasting are free from interference and if other measures have proved ineffective or entail unreasonable expenditure.4 any data that is recorded may be used only to determine the cause of the interference or identify the person or persons responsible for it.5 if there is reason to suspect that an offence has been committed that is punishable under this act, any recordings that may constitute evidence shall be passed to the competent authority. any other recording must be destroyed immediately.art. 2788 processing of data and administrative assistance articles 13a and 13b concerning processing of data and administrative assistance shall apply.88 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).chapter 4 addressing resources art. 2889 management of addressing resources 1 ofcom shall manage the addressing resources that must be managed at national level. it shall ensure that sufficient addressing resources are available; in doing so it shall take account of technical developments and international harmonisation.2 the federal council shall specify which addressing resources ofcom must manage.3 it may prescribe a mandatory alternative dispute resolution procedure between the holders of addressing resources and third parties. it shall regulate the procedure, its consequences and its effects on the procedure under civil law, particularly the suspension of the period of limitation and the burden of proof. the right of holders of addressing resources and third parties to bring civil actions is reserved.4 no one has the right to a specific addressing resource. the federal council may permit exceptions.5 providers of telecommunications services shall ensure number portability.6 the federal council shall issue regulations on the management of addressing resources, and in particular on:a. their allocation, use, blocking, transfer and withdrawal; b. the issuing of numbering plans; c. the delegation of management to third parties, the termination of the delegated activity and the supervision of the same;d. sub-allocation;e. number portability.89 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 28a90 delegation of the management of addressing resources to third parties 1 ofcom may in special cases delegate the management of certain addressing resources to third parties. 2 it shall select the third parties based on a tender or invitation procedure. if there is good cause, it shall appoint them directly.3 if the tender or invitation procedure does not result in any suitable applications or if the delegated parties can no longer fulfil their obligations, ofcom may require third parties to carry out the task. these third parties may charge prices for their activities that cover the relevant costs and allow an appropriate profit to be made. 4 article 24 applies by analogy to the selection process.90 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 28b91 internet domains this act applies to the following internet domains:a. the country-specific domain .ch and, insofar as the management of the domain is the responsibility of the confederation, all other internet domains that designate switzerland alphanumerically, including transpositions in other alphabets or graphical systems;b. generic domains, if swiss public corporations are responsible for their management;c. generic domains, if persons resident or with registered office in switzerland are responsible for their management;d. generic domains which, because of their name, are of particular political, cultural, geographical or religious significance for switzerland.91 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 28c92 management of internet domains: responsibility 1 ofcom shall manage internet domains if the confederation is responsible for their management.2 it may provide commercial services to third parties provided this is necessary for managing domain names and the requirements of article 41a paragraphs 2 and 3 of the financial budget act of 7 october 200593 are met.92 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).93 sr 611.0art. 28d94 management of internet domains: principles the management of internet domains and their subordinate domain names is governed by the following principles:a. the security and availability of the infrastructure and the services required for the domain name system to function are guaranteed.b. the internet domains are managed in a transparent and non-discriminatory manner if they are the responsibility of public corporations.c. the proprietors of and applicants for domain names are protected from the misuse of their personal data.94 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 28e95 management of internet domains: modalities the federal council shall regulate the modalities for managing internet domains and their subordinate domain names; in doing so, it shall take account of the rules applied internationally. it may in particular:a. lay down the conditions for the allocation, use, blocking, transfer and withdrawal of domain names that are subordinate to the domains that are the responsibility of the confederation;b. regulate the processing of personal data in connection with domains that fall within the scope of this act, including the provision of a publicly accessible database that guarantees everyone access to information about the proprietors of domain names;c. provide for measures that prevent the unlawful use of domain names or the use of domain names that is contrary to public order, and regulate cooperation with specialised private or public bodies in this sector;d. determine the institutional, functional and operational organisation of the domains that are the responsibility of the confederation;e. regulate the management of domains for which public corporations other than the confederation or private individuals resident in switzerland are responsible;f. issue provisions relating to generic domains of particular political, cultural, geographical or religious significance, provided this is necessary in order to safeguard switzerland's interests.95 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 29 obligation to provide information any holder of addressing resources shall be required to provide the competent authority with the information it needs to manage the addressing resources that have been assigned.art. 3096 exclusion of compensation modification by the authorities of numbering plans or regulations for the management of addressing resources shall not constitute grounds for any claim for compensation.96 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 30a97 data processing and administrative assistance articles 13a and 13b on data processing and administrative assistance apply.97 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).chapter 5 telecommunications installations art. 3198 import, offering, making available on the market and putting into service99 1 the federal council may adopt technical regulations on the import, offering, making available on the market and putting into service of telecommunications installations, in particular in respect of basic technical requirements with regard to telecommunications, evaluation of conformity, certification of conformity, declaration of conformity, markings, registration and the obligation to provide proof (art. 3 of the federal act of 6 october 1995100 on technical barriers to trade).1012 if the federal council has laid down basic technical requirements with regard to telecommunications within the meaning of paragraph 1, ofcom shall generally, in order to concretise them:102a. designate technical standards, compliance with which shall be deemed to constitute fulfilment of the basic requirements; orb.103 declare technical standards, european union legal instruments or other rules binding.3 in implementing paragraph 2, ofcom shall take the relevant international standards into account; any derogations shall require the consent of the state secretariat for economic affairs.3bis ofcom may draw up and publish technical standards.1044 if the federal council has not adopted any basic technical requirements with regard to telecommunications within the meaning of paragraph 1, or if ofcom has not concretised them in accordance with paragraph 2, the person offering, making available on the market105 or putting into service a telecommunications installation must ensure that it complies with the recognised rules of telecommunications engineering. these shall be deemed to include, first and foremost, any internationally harmonised technical standards. in the absence of such standards, the technical specifications of ofcom or, in the absence of such specifications, the national standards shall apply.5 if it is necessary for technical telecommunications security reasons, ofcom may rule that certain telecommunications installations may be entrusted only to specially qualified persons. it may regulate the detailed rules of such entrusting.98 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).99 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).100 sr 946.51101 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).102 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).103 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).104 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).105 term in accordance with annex no 4 of the fa of 16 june 2017, in force since 1 jan. 2018 (as 2017 5607; bbl 2016 7133). this amendment has been made throughout the text.art. 32 installation and operation a telecommunications installation may only be installed and operated if it complied with the regulations in force when it was first made available on the market, installed or put into service and if it has been kept in that state. the federal council may define exceptions.106106 second sentence inserted by virtue of no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 32a107 telecommunications installations to guarantee public safety the federal council shall regulate the import, offering, making available on the market, putting into service, installation and operation of telecommunications installations which must be used by authorities in the interest of public safety.107 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 32b108 prohibition of installations and devices that cause interference 1 it is prohibited to manufacture, import, offer, make available on the market, possess, put into service, install or operate telecommunications installations and other devices that are intended to interfere with or prevent telecommunications or broadcasting.2 article 32a is reserved.108 amended by annex no 4 of the fa of 16 june 2017, in force since 1 jan. 2018 (as 2017 5607; bbl 2016 7133).art. 33 surveillance 1 in order to check compliance with the regulations on the import, offering, making available on the market, putting into service, installation and operation of telecommunications installations, ofcom shall have access during normal working hours to the premises where such installations are located.1092 the federal council shall regulate the right of access to telecommunications installations that are subject to military secrecy regulations.3 if a telecommunications installation fails to comply with the regulations, ofcom shall take the necessary measures. it may, in particular, restrict or prohibit the installation, operation, import, offering and making available on the market of such an installation, order it to be restored to a state that complies with the regulations or returned, or confiscate it without compensation.1104 ofcom may publish the information on measures under paragraph 3 and make it accessible online if there is a public interest in doing so.1115 it may provide, publish or make accessible online information on ongoing administrative or criminal proceedings only if there is an overriding public or private interest in doing so.1126 it may participate in international databases for the exchange of information between market surveillance authorities. it may only record data in such databases if their transmission to foreign authorities would be permitted under article 13b.113109 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).110 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).111 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).112 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).113 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 34 interference 1 if a telecommunications installation causes interference to telecommunications or broadcasting, ofcom may require the operator to modify it at his own expense or to suspend operation of the installation, even if it complies with the regulations on the import, offering, making available on the market, putting into service, installation and operation applicable to it.1141bis if telecommunications installations disrupt or may disrupt the use of frequency spectrums that require increased protection, the office may restrict or forbid the offering and making available on the market of such installations, even if they comply with the regulations concerning their offering and making available on the market.1151ter the federal council shall regulate the conditions under which the following authorities may for the following purposes install, put into service or operate a telecommunications installation which causes interference:a. the police and the law enforcement authorities, in order to guarantee public safety and security;b. the federal intelligence service, in order to guarantee the protection and security of its employees, information and installations.1161quater if lawful interference disproportionately disrupts other public or third-party interests, paragraph 1 applies.1172 in order to determine the source of the interference to telecommunications or broadcasting, ofcom shall grant access to all telecommunications installations.118114 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).115 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by annex no 2 of the fa of 12 june 2009, in force since 1 july 2010 (as 2010 2617; bbl 2008 7275)116 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by annex no ii 13 of the intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).117 inserted by annex no ii 13 des intelligence service act of 25 sept. 2015, in force since 1 sept. 2017 (as 2017 4095; bbl 2014 2105).118 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 34a119 processing of data and administrative assistance articles 13a and 13b concerning processing of data and administrative assistance shall apply to articles 31-34.119 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 35 use of land 1 owners of land in public use (such as roads, footpaths, squares, waterways, lakes and banks and shorelines) are required to allow providers of telecommunications services to use that land to install and operate lines and public pay telephones, provided those installations do not interfere with the public use of the land.1202 providers of telecommunications services shall take account of the purpose and the use to which the property in question is put and shall bear the cost of restoring it to its original state.121 they shall be required to move their lines if the owner of the property wishes to use it for a purpose that is incompatible with their presence.3 the federal council shall regulate the details, in particular the providers' duty of co-ordination and the conditions governing the relocation of lines and public pay telephones.1224 the authorisation procedure shall be simple and rapid. no compensation other than an administrative charge to cover costs may be levied for the use of the land, provided that it does not interfere with its public use.120 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).121 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).122 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 35a123 other connections 1 building owners and must tolerate, insofar as it is reasonable, additional connections to dwellings or business premises other than the connection of their choice, if a telecommunications service provider so requests and pays the costs thereof.1242 connection of buildings in accordance with the cantonal development stipulations is reserved.3 no charge for utilisation shall be levied if:a. the tenant directly forgoes use of a new connection;b. the connection contract is cancelled; the telecommunications service provider or the lessor shall allow a reasonable cancellation period.1254 the telecommunications service provider or the lessor may place under seal and verify unused connections. no costs may be charged for sealing and removing seals.126123 inserted by annex no ii 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).124 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).125 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).126 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 35b127 access to the building entry point and joint use of installations within buildings 1 every telecommunications service provider shall have a right of access to the building entry point and of joint use of the installations within the building intended for telecommunications transmission provided this is technically justifiable and there is no other good cause for refusal.2 building owners and telecommunications service providers must allow the joint use of the installations within the building in a transparent and non-discriminatory manner. 3 building owners and shall make the required information on the installations within the building available to the providers on request. 4 providers who have financed an installation must be compensated appropriately.5 if requested to do so, comcom shall rule on disputes between telecommunications service providers relating to access to the building entry point or the conditions for joint use. article 11b applies by analogy.127 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 36 right of compulsory purchase and joint use 1 if the establishment of a telecommunications installation is in the public interest, detec128 may grant the right of compulsory purchase. the procedure shall be conducted in accordance with the federal act of 20 june 1930129 on compulsory purchase.2 ofcom may on application, for reasons of public interest, in particular to take account of technical problems or the planning needs or protection of the countryside, national heritage, the environment, nature or animals, require providers of telecommunications services to accord to a third party, in return for appropriate compensation, the right to make joint use of its telecommunications installations and other installations, such as cable ducts and transmitter locations, if they have sufficient capacity.1303 under the same conditions, ofcom may require providers of telecommunications services to co-install and joint use of telecommunications installations and other installations, such as cable ducts and transmitter locations.131128 name in accordance with no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559). this change has been made throughout the text.129 sr 711130 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).131 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 36a132 protection of existing lines lines owned by telecommunications service providers that are in existence when the amendment of 22 march 2019 comes into force and are located in sewers which were constructed for the purpose of spatial planning development may only be removed from the sewers for good cause. providers of telecommunications services shall, where possible, be offered alternative ducts for their lines.132 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 37133 ownership of lines 1 lines for the transmission of information by means of telecommunications techniques and cable ducts shall be the property of the providers of telecommunications services who have installed them or acquired them from third parties.2 any owner of land who wilfully or through gross negligence damages a telecommunications service provider's line or cable duct on his property shall be liable for the damage.133 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 37a134 amateur radio 1 the authorities may provide a simplified licensing procedure for simple wire and rod antennas and for antennas on light masts with a similar appearance to flagpoles.2 the maintenance of an antenna or its replacement with an antenna of a similar size does not require authorisation.134 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).chapter 6 fees art. 38135 fee for financing the universal service 1 ofcom shall collect from providers of telecommunications services a fee, the revenue from which shall be used exclusively to finance the uncovered costs of the universal service in accordance with article 16 and the costs for the administration of the financing mechanism.2 the total amount of the fees must cover the costs listed in paragraph 1; the fee shall be fixed in proportion to the turnover of the telecommunications services provided.3 the federal council may exempt from the fee those providers whose turnover from the telecommunications services provided is below a defined amount.4 it shall regulate the detailed rules for provision of the information which is required for the apportionment and monitoring of the costs listed in paragraph 1.135 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 39136 licence fees for radiocommunications 1 the licensing authority shall charge a fee for radiocommunications licences. no fee shall be charged for radiocommunications licences intended for broadcasting licensed radio or television programme services in accordance with the rtva137.1382 the amount of the fees shall be calculated on the basis of:a. the frequency range allocated, the class of frequency and the value of the frequencies;b. the bandwidth allocated;c. the territorial scope; andd. the temporal scope.3 if a frequency may also be used to broadcast both licensed radio or television programme services and to transmit other radio and television programme services and information, the latter is subject to a licence fee proportional to usage.1393bis in order to facilitate the introduction of new broadcasting technologies in terms of article 58 rtva, or to safeguard the diversity of programming in areas inadequately covered by wireless terrestrial services, the federal council may reduce the licence fee for broadcasting radio and television programme services.1404 if the radiocommunications licence is granted by auction, the licence fee shall correspond to the amount of the bid, less administrative charges for the invitation to tender and the granting of the licence. the licensing authority may fix a minimum bid.5 the federal council may waive payment of the radiocommunications licence fee in the case of the following bodies, provided that they do not supply telecommunications services and that they make rational use of frequencies:a. authorities and public law bodies and establishments of the confederation, cantons and communes, provided that they use the frequency spectrum exclusively for tasks for which they bear sole responsibility;b. public transport undertakings;c.141 the institutional beneficiaries of preferential rights, immunities and facilities under article 2 paragraph 1 letters a, b and d-l of the host state act of 22 june 2007142;d.143 legal entities under private law, provided they perform public tasks on behalf of the confederation, cantons or communes.136 amended by annex no ii 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).137 sr 784.40138 amended by annex no 4 of the fa of 26 sept. 2014, in force since 1 dec. 2017 (as 2016 2131, 2017 5929; bbl 2013 4975).139 amended by annex no 4 of the fa of 26 sept. 2014, in force since 1 dec. 2017 (as 2016 2131, 2017 5929; bbl 2013 4975).140 inserted by annex no 4 of the fa of 26 sept. 2014, in force since 1 dec. 2017 (as 2016 2131, 2017 5929; bbl 2013 4975).141 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).142 sr 192.12143 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 39a144 funding of accompanying measures the federal council may use part of the proceeds from licence fees under article 39 for accompanying measures such as research and surveys in connection with radio-based technologies.144 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 40145 administrative charges 1 the competent authority shall make an administrative charge for its decisions and services to cover its expenses, in particular in connection with:a.146 the surveillance of providers of telecommunications services;b.147 the decisions concerning access, provision of directory data, interoperability and the joint use of installations;c. the resolution of disputes between customers and providers of telecommunications services or value-added services;d.148 the granting, amendment and cancellation of universal service licences and radiocommunications licences, surveillance thereof and registration for the use of frequencies;e. the management and technical monitoring of the frequency spectrum and satellite orbital positions;f. the management, assignment and revocation of addressing resources;g. the registration and surveillance of telecommunications installations.1bis no administrative fees in terms of paragraph 1 letters d and e shall be charged for radiocommunications licences issued to the armed forces, civil defence, the border guard, the police, the fire brigade, emergency and rescue services operating exclusively in the public interest and civilian command staffs.1492 if an activity as defined in paragraph 1 concerns telecommunications services or radiocommunications licences which are used in whole or in part for the broadcasting of radio or television programme services, the authority may take account of the limited financial resources of the broadcaster who holds the right of access and who is directly or indirectly affected by the charge.3 if responsibility for any of the activities listed in paragraph 1 has been delegated to a third party, that party may be required to submit the prices of its services to ofcom for approval, in particular if no competition exists for these services.4 detec may set upper price limits, in particular if the price level in a specific market implies abuse.145 amended by art. 106 para. 2 of the fa of 24 march 2006 on radio and television, in force since 1 apr. 2007 (as 2007 737; bbl 2003 1569).146 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).147 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).148 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).149 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 41150 fixing and collection of fees the federal council shall regulate the detailed arrangements for the collection of fees and the financing of the universal service and fix the amount of the fees for radiocommunications licences and the administrative charges.150 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 42 guarantees the authority responsible for collecting the fees may require the person responsible for paying them to provide appropriate guarantees.chapter 7 telecommunications confidentiality and data protection and protection of children and minors151 151 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 43 obligation of confidentiality no person who is or has been responsible for providing a telecommunications service may disclose to a third party information relating to subscribers' communications or give anyone else an opportunity to do so.art. 44152 152 repealed by no ii 31 of the fa of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).art. 45 disclosure of information to subscribers 1 the customer may require the provider of telecommunications services to inform him of the data on which invoices are based, in particular the addressing resources, the times when calls were made and the payment due.2 any person requiring this data to trace nuisance calls or unfair mass advertising may require the provider of telecommunications services to inform him of the name and address of the subscribers whose lines were used to make the calls in question.153153 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 45a154 unfair advertising155 1 providers of telecommunications services shall combat unfair advertising in accordance with article 3 paragraph 1 letters o, u und v of the federal act of 19 december 1986156 on unfair competition.1572 the federal council may define measures that are appropriate and necessary to combat unfair advertising.154 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).155 amended by no i of the fa of 22 march 2019, in force since 1 july 2021 (as 2020 6159; bbl 2017 6559).156 sr 241157 amended by no i of the fa of 22 march 2019, in force since 1 july 2021 (as 2020 6159; bbl 2017 6559).art. 45b158 location data providers of telecommunications services may process data concerning locations of customers only for the telecommunications services and charging purposes; they may only process it for other services if they have first obtained the consent of customers, or in anonymised form.158 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 45c159 data on external equipment processing of data on external equipment by means of transmission using telecommunications techniques is permitted only:a. for telecommunications services and charging purposes; orb. if users are informed about the processing and its purpose and are informed that they may refuse to allow processing.159 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 46 protection of privacy the federal council shall regulate, in particular, the identification of the caller's line, call forwarding, the use of data relating to telecommunications traffic and the security of telecommunications services with regard to interception and interference by unauthorised persons. in so doing, it shall take account of the need to protect the privacy of telecommunications users and of overriding public interests.art. 46a160 protection of children and minors 1 the federal council may issue regulations to protect children and minors from the dangers arising from the use of telecommunications services. in particular, it may require providers of internet access to advise their customers on the options for the protection of children and minors.2 in order that information with pornographic content in accordance with article 197 paragraphs 4 and 5 of the criminal code161 may be quickly and globally deleted, ofcom, the federal office of police and the competent cantonal bodies shall coordinate suitable measures. for this purpose, reporting offices operated by third parties and foreign authorities may be consulted and supported. the federal council shall regulate the details.3 telecommunications service providers shall block information with pornographic content in accordance with article 197 paragraphs 4 and 5 of the criminal code that is brought to their attention by the federal office of police. telecommunications service providers shall report to the federal office of police suspected cases of information with pornographic content in accordance with article 197 paragraphs 4 and 5 of the criminal code which they have come across by chance in the course of their activities or which have been brought to their attention in writing by third parties.160 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).161 sr 311.0chapter 8 vital national interests art. 47162 security communication 1 the federal council shall determine the telecommunications services that telecommunications service providers must provide in order that the armed forces, civil defence, border guard, police, fire brigade, the rescue services and the civilian authorities can fulfil their duties in all circumstances.2 it may require providers with a view to and in special and exceptional situations to make premises and installations available and to tolerate exercises. 3 it shall regulate the compensation for these services, having due regard to the interests of the provider.4 it may require the necessary personnel to serve if a special situation so requires.5 the provisions on requisition and the general's powers under armed forces act of 3 february 1995163 are reserved.162 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).163 sr 510.10art. 48 restriction of telecommunications 1 the federal council may order the surveillance, restriction or interruption of telecommunications in extraordinary circumstances or when vital national interests require it. it shall regulate the question of any indemnity payable for carrying out these tasks, having due regard to the interests of the persons required to perform them.1642 the measures described in paragraph 1 shall not constitute grounds for any claim for damages or reimbursement of fees.164 second sentence amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 48a165 security 1 telecommunications service providers shall take action against the unauthorised manipulation of telecommunications installations by telecommunications transmissions. they are entitled to reroute or block connections and to suppress information in order to protect the installations.2 to protect against hazards, avoid damage and minimise risks, the federal council may issue provisions on the security of information and of telecommunications infrastructures and services, in particular in relation to:a. availability;b. operation;c. securing redundant infrastructures;d. reporting interference;e. tracing processes;f. rerouting or blocking connections and suppressing information in accordance with paragraph 1.165 inserted by no i of the fa of 24 march 2006 (as 2007 921; bbl 2003 7951). amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).chapter 9 criminal provisions art. 49 falsification or suppression of information 1 any person carrying on an activity in connection with a telecommunications service shall be liable to a custodial sentence not exceeding three years or to a monetary penaltyif he:166a. falsifies or suppresses information;b. gives any third party the opportunity to do so.2 any person who deceives a person carrying on an activity in connection with a telecommunications service into falsifying or suppressing information shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.167166 amended by art. 333 of the criminal code in the version contained in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).167 amended by art. 333 of the criminal code in the version contained in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).art. 50 misuse of information any person who by means of a telecommunications installation receives private information that is not intended for him and who uses it or communicates it to third parties without permission shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.168168 amended by art. 333 of the criminal code in the version contained in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).art. 51169 169 repealed by annex no 4 of the fa of 16 june 2017, with effect from 1 jan. 2018 (as 2017 5607; bbl 2016 7133).art. 52 contraventions 1 any person who:a.170 .b.171 uses the frequency spectrum:1. without the required licence,2. without the required advance notice,3. without holding the required proficiency certificate, or4. in breach of the regulations on use or the licence;c.172 puts addressing resources that are managed at national level into service without being entitled to do so;d.173 imports, offers, makes available on the market or puts into service telecommunications installations that do not comply with the regulations in force;e. installs or operates telecommunications installations that do not comply with the regulations in force;f. hands over telecommunications installations to unauthorised persons;g.174 manufactures, imports, offers, makes available on the market, possesses, puts into service, installs or operates telecommunications installations or other devices that are intended to interfere with or prevent telecommunications or broadcastingshall be liable to a fine not exceeding chf 100,000.1752 if the offence is committed through negligence, the fine shall not exceed chf 50,000.170 repealed by no i of the fa of 22 march 2019, with effect from 1 jan. 2021 (as 2020 6159; bbl 2017 6559).171 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).172 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).173 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).174 inserted by annex no 4 of the fa of 16 june 2017, in force since 1 jan. 2018 (as 2017 5607; bbl 2016 7133).175 amended by art. 333 of the criminal code in the version contained in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979).art. 53 failure to comply with regulations any person who, intentionally or through negligence, infringes any other provision of the telecommunications legislation, a treaty or international agreement on the subject, or violates a decision taken on the basis of such provisions and notified to him with an indication of the penalties available under this article, shall be liable to a fine not exceeding chf 5000.art. 54 other criminal provisions articles 14 to 18 of the federal act of 22 march 1974176 on administrative criminal law apply.176 sr 313.0art. 55 jurisdiction 1 offences within the meaning of articles 52 to 54 shall be prosecuted and adjudicated by detec in accordance with the provisions of the federal act of 22 march 1974177 on administrative criminal law.2 detec may delegate to ofcom the tasks of prosecution and adjudication of offences, as well as the enforcement of decisions.177 sr 313.0chapter 10 comcom art. 56 comcom 1 the federal council shall elect a federal communications commission consisting of five to seven members and shall appoint the chairman and vice-chairman. the members must be independent specialists.2 comcom shall not be required to follow instructions from the federal council or detec when taking its decisions. it shall be independent of the administrative authorities. it shall have its own secretariat.3 comcom shall adopt rules relating to its organisation and management, which must be approved by the federal council.4 comcom shall be funded by administrative charges. the federal council shall regulate the details.art. 57 duties of comcom 1 comcom shall perform the duties and take the decisions for which it is responsible in terms of this act and its implementing provisions. it shall inform the public of its activities and produce a report each year for the federal council.2 for the purpose of implementing telecommunications legislation, comcom may seek the assistance of ofcom and give it instructions.chapter 11 surveillance and legal remedies art. 58178 surveillance 1 ofcom shall ensure that international telecommunications law, this act, its implementing provisions, and licences are complied with. it may assign certain surveillance tasks to organisations incorporated under private law and co-operate with such organisations.2 if ofcom detects an infringement of the law, it may:179a. call on the legal or natural person responsible for the infringement to remedy the infringement or take measures to prevent any repetition of it; the person responsible for the infringement must inform ofcom of the measures it has taken;b. require the legal or natural person responsible for the infringement to surrender to the confederation any revenue generated during the infringement;c. make the licence subject to conditions;d. restrict, suspend, revoke or withdraw the licence or restrict, suspend or totally forbid the activity of the legal or natural person responsible for the infringement;e.180 withdraw the proficiency certificate from the holder or make it subject to conditions.3 ofcom shall withdraw the licence if essential conditions for granting it cease to be fulfilled.4 if the licence has been granted by comcom, comcom shall take the corresponding measures based on the proposal made by ofcom.5 the competent authority may take precautionary measures.178 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).179 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).180 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 59 obligation to disclose information 1 the persons subject to this act shall be obliged to provide the competent authority with the information required to implement and evaluate this act.1812 they must provide ofcom regularly with the necessary information to produce official telecommunications statistics.1822bis data collected or submitted for statistical purposes may be used for other purposes only if:a. a federal act explicitly allows this;b. the person concerned consents in writing;c. this serves the evaluation of telecommunications legislation; ord. this serves as a basis for necessary regulatory decisions.1832ter ofcom may publish market shares.1843 the federal council shall regulate the details.181 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).182 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).183 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).184 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 60185 administrative penalties 1 if an enterprise infringes the applicable law, the licence or a decision having force of law, it may be required to pay an amount up to 10 percent of the amount of its average turnover in switzerland in the last three financial years.2 cases of failure to comply shall be investigated by ofcom. it shall judge the cases which do not lie within the competency of comcom in accordance with article 58 paragraph 4.3 when assessing the penalty, the competent authority shall take account in particular of the gravity of the infringement and the enterprise's financial situation.185 amended by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 61186 186 repealed by annex no 86 of the administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).chapter 12 final provisions section 1 implementation and repeal of existing legislation art. 62 implementation 1 the federal council shall implement this act. the responsibility of comcom is reserved.2 the federal council may delegate to ofcom the duty of adopting the necessary administrative and technical regulations.art. 63187 187 repealed by annex no 86 of the administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197; bbl 2001 4202).art. 64 international cooperation and agreements188 1 the federal council shall have authority to conclude international agreements on matters falling within the ambit of this act.2 it may delegate that authority to ofcom in the case of international agreements relating to technical or administrative matters.3 comcom shall carry out the tasks within the scope of its responsibilities at an international level and shall represent switzerland in the related international organisations.1894 ofcom shall represent switzerland's interests in international forums and organisations, in particular in relation to internet governance.1905 in order to strengthen the representation of swiss interests, ofcom may on request grant organisations in its areas of responsibility financial assistance that is not granted under international agreements in accordance with paragraphs 1 and 2.1916 the amount of financial assistance is determined by the importance of the organisation, project or measure to the representation of swiss interests and by the other funding options available to the recipient. the financial assistance may not exceed 66 per cent of the total cost of the service funded.192188 amended by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).189 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).190 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).191 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).192 inserted by no i of the fa of 22 march 2019, in force since 1 jan. 2021 (as 2020 6159; bbl 2017 6559).art. 65 repeal of existing legislation the federal telecommunications act of 21 june 1991193 is repealed.193 [as 1992 581, 1993 901 annex no 18]section 2 transitional provisions art. 66-68194 194 repealed by no ii 31 of the fa of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).art. 68a195 transitional provisions concerning the amendment of 24 march 2006 1 the services provided on the commencement of the amendment of 24 march 2006 as part of a telecommunications services licence are deemed to have been notified as defined in article 4 paragraph 1. the radiocommunications licences which are included in the rescinded telecommunications services licences remain valid and acquire the terms and conditions associated therewith.2 the existing conditions for the universal service licence under the old law shall apply until the expiry of its term.195 inserted by no i of the fa of 24 march 2006, in force since 1 apr. 2007 (as 2007 921; bbl 2003 7951).art. 69196 196 repealed by no ii 31 of the fa of 20 march 2008, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).section 3 referendum and commencement art. 70 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.3 .197commencement date:198art. 56, 57, 64, 67, 68 on 20 october 1997all other provisions on 1 january 1998197 repealed by no ii 31 of the fa of 20 march 2008 on the formal revision of federal legislation, with effect from 1 aug. 2008 (as 2008 3437; bbl 2007 6121).198 fcd of 6 oct. 1997.annex amendment of existing legislation .199199 the amendments may be consulted under as 1997 2187.

784.104.2english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon internet domains(oid)of 5 november 2014 (status as of 1 january 2021)the swiss federal council,based on articles 13a paragraph 3, 28 paragraphs 2, 3, 4 und 6, 28e, 48a paragraph 2, 59 paragraph 3, 62 and 64 paragraph 2, of the telecommunications act of 30 april 19971 (tca),2ordains:1 sr 784.102 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).chapter 1 general provisions art. 1 aim 1 the aim of this ordinance is to ensure that private individuals, businesses and public bodies in switzerland are offered a sufficient, reasonably priced, high quality range of internet domain names that fulfils their requirements.2 it must in particular:a.ensure the efficient, transparent and judicious use of the top-level domains that switzerland is responsible for managing;b.preserve the security and availability of the infrastructure and the services necessary for the operation of the domain name system (dns);c.ensure that swiss law and the interests of switzerland are respected during the management and use of the top-level domains that have an effect in switzerland.art. 2 scope 1 this ordinance governs:a.the country code top-level domain [cctld]) .ch and its transpositions in other alphabets or graphic systems;b.the generic top-level domain [gtld]) .swiss;c.the generic top-level domains the management of which has been entrusted to swiss public bodies other than the confederation.2 it applies to the situations which have an effect on these domains, even if they occur abroad.art. 3 definitions the terms and abbreviations used in this ordinance are explained in the annex.art. 4 general tasks 1 unless this ordinance provides otherwise, the federal office of communications (ofcom) exercises all the powers, functions or tasks which are related to the top-level domains managed by the confederation.2 it ensures that switzerland's sovereignty and of the interests are safeguarded in the dns and in the management and use of top-level domains and of domain names subordinate to them.3 it may take any measures in order to contribute to the security and availability of the dns.art. 5 international relations 1 ofcom safeguards the interests of switzerland in the international forums and organisations which deal with questions associated with domain names or other internet addressing resources.2 it may invite delegates (art. 32 para. 1) and other persons entrusted with all or some of the functions or tasks which are associated with a top-level domain managed by the confederation or other swiss public bodies to take part in the work of the international forums and organisations, where they shall safeguard the interests of switzerland. it may give them instructions.art. 6 provision of information by ofcom ofcom shall inform interested parties about the dns and of the evolution of the international regulations and of the global domain name market.chapter 2 general provisions for the domains managed by the confederation section 1 object and organisation art. 7 object the provisions of this chapter govern the top-level domains managed by the confederation, as well as the management and the allocation of second-level domain names which are subordinate to them.art. 8 organisation 1 domains are managed by the registry and by registrars.2 ofcom acts as the registry or delegates this task to a third party.3 it may act as a registrar if no satisfactory registration services are offered on the market.section 2 registry art. 9 general 1 the registry manages the domain in a rational and judicious manner. it acts in a transparent and non-discriminatory manner.2 it has personnel who have the professional qualifications and knowledge necessary to fulfil its various tasks. it shall appoint a technical manager.3 ofcom may issue regulations on the quality and security of the registry services and the methods of monitoring the security and resilience of the infrastructures.art. 10 tasks 1 the registry has the following tasks:a.to provide the services, operations and functionalities of the dns required in accordance with the rules which apply at an international level, in particular:1.keeping a log of activities,2.administering and updating the databases, including all information relating to the domain in question which is necessary for carrying out its tasks,3.managing the primary and secondary name servers while ensuring the distribution of the zone file to these servers,4.allocating domain names to ip addresses,5.installing, managing and updating a rdds database (whois)3,6.4granting access to the information contained in the zone file for the purposes of combating cybercrime or for scientific or social research, or for other purposes that are in the public interest;b.providing the registrars with a system for the submission and administration of applications for the registration of domain names (registration system) and specifying the procedures and technical and organisational conditions relating to the registration and management of domain names by the registrars;c.assigning and revoking rights of use of domain names;d.providing a technical and administrative procedure allowing an easy transfer between registrars of the management of domain names, when this is required by their holders;e.establishing the dispute resolution services (art. 14);f.ensuring the acquisition, installation, operation and updating of the necessary technical infrastructure;g.taking appropriate measures to ensure the reliability, resilience, accessibility, availability, security and operation of the infrastructure and the necessary services;h.advising the registrars concerned immediately of any interruption in the operation of the dns, its infrastructure or its registration services;i.combating cybercrime in accordance with the provisions of this ordinance;j.5providing a specific and easily accessible website featuring all useful information on the activities of the registry;k. 6.2 the registry does not monitor the activities of registrars and holders in a general and continuous manner. subject to article 51 letter b, it is not required to actively investigate facts or circumstances suggesting that illegal activities have been carried out using domain names.3 term in accordance with no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251). this modification has been made throughout the text.4 inserted by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).5 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).6 repealed by no i of the o of 15 sept. 2017, with effect from 1 nov. 2017 (as 2017 5225).art. 11 log of activities 1 the registry shall enter in a log the activities in connection with the registration and allocation of domain names, changes thereto, transfers thereto, decommissioning and revocations thereof.2 it shall archive the data entered and the corresponding supporting documentation for ten years starting from the revocation of a domain name.3 any person who credibly claims to have an overriding legitimate interest has the right to consult the file in the activities log relating to a specific domain name. the registry lays down the technical and administrative methods of consultation. it may request a fee for allowing consultation.77 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 12 backup of the registration and management system 1 when the registry function is delegated, the registry may be obliged by ofcom to conclude with an independent nominee a contract under private law which relates to the backing up for the benefit of ofcom of the system of registration and management of a top-level domain including all the data and information relating to the holders and to the technical characteristics of allocated domain names in particular.2 ofcom may give instructions to the nominee and use or allow the use of the system, the data and the information backed up only in the following circumstances:a.the registry is subject to bankruptcy, liquidation or debt-restructuring proceedings;b.the registry ceases its activity but does not transmit to the new registry or ofcom the data or information necessary to manage the domain;c.the registry is no longer able to perform its function or one of its tasks;d.extraordinary circumstances, such as a natural disaster, so require.art. 13 personal data 1 the registry may process personal data concerning registrars, applicants and holders of domain names, the dispute resolution service and their experts or any other person involved in the management of the domain concerned to the extent that and for as long as is necessary:a.to manage the domain concerned;b.to accomplish the registry function and fulfil the obligations which derive for it from this ordinance, its implementing provisions or its delegation contract;c.for the stability of the dns;d.to obtain payment of the amounts due for registry services.2 subject to article 11 paragraph 2, the registry may process personal data for a maximum of 10 years.art. 14 dispute resolution services 1 the registry shall establish the required dispute resolution services. it shall regulate the organisation of and the procedure for these services while respecting the following rules and principles:a.the services provide extrajudicial dispute resolution processes conducted by neutral and independent experts;b.the services are responsible for ruling on disputes between holders of domain names and holders of trademark rights;c.the decisions of the experts concerning domain names have mandatory force for the registry concerned, unless a civil action is raised within the deadline allowed by the rules of procedure;d.the decisions of the experts relate to the legitimacy of the allocation of a domain name; they may not award damages or pronounce on the validity of a claim under trademark law;e.the rules governing the resolution of disputes must be based on accepted best practice;f.the procedure must be fair, transparent, rapid and beneficial; the experts mandated by the services may not be subject to any general or particular directive on the solution of a dispute; they may take all steps necessary for the resolution of a dispute;g.the dispute resolution procedure ends with the withdrawal of the application, the conclusion of an agreement between the parties, the decision of the experts or the opening of a civil action. 2 the structure of the organisation, the rules governing the resolution of disputes, the rules of procedure and the appointment of the experts called upon to come to a decision require the approval of ofcom. beforehand, the latter shall seek the opinion of the swiss federal institute of intellectual property and, if the case relates to the structure of the organisation or the procedural rules, the federal office of justice.83 on request, the registry shall transmit to the acting dispute resolution service all the personal data in its possession which is necessary for the resolution of a dispute.4 it may publish or arrange to have published the decisions taken by the experts. the parties' names and other personal information may only be published if such details are essential in order to understand the decisions.98 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).9 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 1510 measures on suspicion of abuse: blocking 1 the registry may block a domain name technically and administratively for a maximum of five days if there is reason to believe that the domain name in question is being used to:a.access critical data by illegal methods;b.distribute or use malicious software; orc.support the acts mentioned in letters a or b.2 it may extend the period in which the domain name is blocked for a maximum of 30 days if:a.there is justifiable suspicion that the holder has provided false identification information or is unlawfully using the identity of a third party; andb.there is an urgent need to avert imminent prejudice that cannot easily be remedied. 3 a service to combat cybercrime recognised by ofcom may extend the period in which the domain name is blocked for a maximum of 30 days if the requirements in accordance with paragraph 1 are met.4 the blocking of a domain name for longer than the maximum periods specified in this article is only permitted if ordered by ofcom.1110 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).11 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 15a12 measures on suspicion of abuse: redirecting of data traffic 1 the registry shall redirect data traffic sent to or via a domain name if the following requirements are met:a.the domain name concerned is blocked in accordance with article 15;b.the processing of information serves only to identify and notify persons affected by acts under article 15 paragraph 1 and to analyse the process so that techniques may be developed to recognise, stop, limit or track such acts; recorded information that is not related to these acts may not be used and must be deleted immediately;c.the redirecting of data traffic for analysis shall be requested by a service under article 15 paragraph 3 for a maximum of 30 days.2 it shall redirect the data traffic to an analysis tool or to an information page containing the following:a.information on the relevant suspicion of abuse;b.the names and the contact data of the service or authority that requested the measure.3 redirecting data traffic for longer than the maximum periods specified in this article is only permitted if ordered by ofcom.12 inserted by no i of the o of 15 sept. 2017 (as 2017 5225). amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 15b13 measures on suspicion of abuse: notification and request for identification 1 the registry shall immediately notify the holder of the domain name concerned electronically about the blocking of a domain name or the redirecting of data traffic.2 it shall simultaneously ask the holder to indicate, if required, a valid correspondence address in switzerland and to identify itself within 30 days.3 notification to the holder may be given at later time if this is necessary in order to protect overriding public or private interests. 13 inserted by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 15c14 measures on suspicion of abuse: decision and revocation 1 ofcom shall issue a decision on the blocking or redirecting of data traffic if the holder, within the 30 days following notification of the measure by the registry:a.requests such a decision;b.identifies itself correctly; and c.indicates a valid correspondence address in switzerland if it or its registered office or place of residence is located abroad.2 if holder fails to identify itself correctly or to indicate a valid correspondence address in switzerland within the period specified in article 15b paragraph 2, the registry shall revoke the allocated domain name.14 inserted by no i of the o of 15 sept. 2017 (as 2017 5225). amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 15d15 measures on suspicion of abuse: unallocated domain names the registry may on its own initiative or must on request from a service in terms of article 15 paragraph 3 take the following measures in respect of unallocated domain names if there is reason to believe that the name could be allocated or used unlawfully or for an unlawful purpose:a.it shall allocate the domain name to itself or to a third party that offers to assist in combating cybercrime;b.it shall redirect data traffic sent to or via the domain name for analysis.15 inserted by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 15e16 measures on suspicion of abuse: documentation and report 1 the registry shall document the blocking of a domain name and the redirecting of data traffic.2 it shall submit a report to bakom periodically or on request. the registry may also pass on the report to services recognised in terms of article 15 paragraph 3.16 inserted by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 16 administrative assistance and co-operation 1 the registry may collaborate with any third party which provides assistance in identifying and evaluating threats, abuses and dangers which affect or might affect the management of the domain for which it is responsible, the infrastructure dedicated to this management or the dns. it shall ensure that the third parties concerned can, on a voluntary basis, exchange with it in a secure manner personal information and data on these threats, abuses or dangers. it may disclose such personal information and personal data to them, if necessary without the knowledge of the persons concerned. this disclosure may take place in the retrieval procedure.172 it shall report to the specialist federal services incidents concerning security of information that affect the domain for which it or the dns is responsible. it may process personal data in connection with these incidents and communicate it to the specialist services, if necessary without the knowledge of the persons concerned. this disclosure may take place in the retrieval procedure or by means of the block transmission of data.183 at the request of a swiss authority intervening within its sphere of competence, the registry shall request the holder of a domain name without a valid swiss correspondence address to indicate such an address and to disclose its identity within 30 days. the registry shall revoke the domain name if the holder does not comply within the time limit; it shall notify the requesting swiss authority of the revocation.194 otherwise, article 13b tca applies by analogy to the administrative assistance guaranteed by the registry.17 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).18 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).19 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).section 3 registrars art. 17 registrar contract 1 a registrar may offer registration services only if it:a.can provide evidence that it has concluded a registration contract with icann when the rules which apply at international level so require for the domain concerned; and if itb.has concluded with the registry a contract relating to the registration of domain names (registrar contract).2 the registry must conclude a registrar contract when the applicant meets the following conditions:a.it undertakes to comply with swiss law, in particular this ordinance and its implementing provisions as well as its registrar contract;b.it has a valid correspondence address in switzerland;c.it masters the hardware and software as well as the technical rules making it possible to carry out registrations and other administrative operations with the registry;d.it has put in place a procedure for verifying the identification data provided by applicants for domain names;e.it has the human and technical resources necessary to ensure the maintenance and updating of the administrative and technical data provided by applicants for or holders of domain names;f.it has the information technology hardware and software necessary to ensure the security of the personal data provided by applicants for domain names and archives the latter in conformity with the provisions of the federal act of 19 june 199220 on data protection;g.it has provided the required guarantees in the event of doubtful solvency or of non-payment; the amount of these guarantees, attracting a rate of interest that applies to savings accounts, shall not exceed the anticipated risk to the registry.3 the application to conclude a registrar contract is addressed to the registry. it includes all the documents, data and information that make it possible to assess compliance by the applicant with the prescribed conditions.4 any change in the facts on which the registrar contract is based must be communicated to the registry.5 the registrar contract may not derogate from the rules prescribed by this ordinance and its implementing provisions. in addition, the registry shall comply with the principles of non-discrimination and transparency in its contractual relations with registrars.6 the registrar contract is governed by public law when the registry function is exercised by ofcom (contract under administrative law) and by private law when the registry function is delegated (contract under private law).7 the registry terminates the registrar contract without compensation when a registrar so requests, no longer meets the conditions imposed on the exercise of its function, ceases all activity or is subject to bankruptcy or liquidation proceedings. it must inform the holders of the domain names managed by the registrar concerned of the cancellation of a registrar contract in the appropriate manner.8 article 40 paragraphs 1, 3 and 4, and article 41 apply by analogy to the surveillance of registrars exercised by ofcom.20 sr 235.1art. 18 information of the public 1 the registry shall provide the public with the details of the requirements for a registrar contract and the list of registrars that have concluded a contract, with their name and corporate name, their postal address, their telephone number and their email and internet site addresses.2 it shall supply registrar contracts to third parties which request them. the clauses and annexes containing confidential commercial information are not published.art. 19 right of access to the registration system 1 registrars which have concluded a contract may access the registry's registration system and register and administratively manage domain names in the name of and on behalf of third parties. they may allocate domain names to themselves on their own behalf for their own needs.2 they may claim their right only insofar as the access is carried out in accordance with the technical or organisational procedures and conditions specified by the registry.art. 20 obligations of registrars 1 registrars must propose an offering consisting exclusively of the allocation of a domain name (unbundled offering).2 they must guarantee their customers at all times the opportunity to transfer the administrative management of a domain name to a new registrar. civil claims for non-execution of the contract are reserved.3 registrars must retain commercial correspondence, supporting documentation, titles and log files classified according to domain names for a period of 10 years from the end of registration of a domain name. they shall present them, on request, to the registry within 3 working days at the latest.4 registrars must:a.collaborate with the registry and provide it with all necessary technical and organisational assistance and support in order to ensure the continuity and the security of the administration of the domain names;b.ensure that holders of the domain names for which they provide administrative management are informed of the cessation of any registrar's activities and of the steps to be taken to safeguard their claims.art. 21 duties to provide information 1 registrars shall report to the registry any requested or registered domain names of a nature which is manifestly illegal or contrary to public order as soon as they are aware of them.2 they shall immediately report to the registry any technical disturbance which they detect on their systems, the registration services of the registry or the operation of the dns.3 they shall immediately forward or arrange for the forwarding of all the information on the registry to the holders or the applicants. registrars shall notify their clients of any refusal to allocate domain names three days at the latest after the receiving the information from the registry.214 they do not monitor the activities of holders in a general and continuous manner. they are not required to actively investigate facts or circumstances suggesting that illegal activities have been carried out using domain names.22 21 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).22 inserted by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 22 legal relations 1 the legal relations of registrars with applicants and holders of domain names are governed by the provisions of private law. the rules laid down by this ordinance and its implementing provisions are reserved.2 subject to article 40 paragraph 4 tca, registrars are free to fix the price of their registration services.3 registrars shall publish the prices and the general conditions for their services.art. 23 obligation to collaborate 1 registrars shall work with the registry in order to identify or to assess threats, abuses and dangers which affect or might affect the management of the domain and of the domain names which are subordinate to it, the management infrastructure or the dns. they may process personal data in connection with these incidents, if necessary without the knowledge of the persons concerned.2 they shall report to the specialist federal services incidents concerning security of information which affect their management systems and infrastructures or the dns. they may process and communicate personal data in connection with these incidents to the services concerned, if necessary without the knowledge of the persons concerned.3 .234 on request, the registrars shall transmit to the acting dispute resolution service all the personal data in their possession which is necessary for the resolution of a dispute.23 repealed by no i of the o of 15 sept. 2017, with effect from 1 nov. 2017 (as 2017 5225).section 4 allocation art. 24 application for registration 1 when a registrar submits a registration application on behalf of an applicant, the registry shall initiate a domain name allocation process.2 it shall process the registration application when the latter:a.has been validly submitted via the registry's registration system;b.includes all the information, elements and documents necessary to authorise the allocation of a domain name, in particular:1.the designation desired as a domain name,2.up-to-date, complete and correct information on the applicant, in particular their name and postal and email addresses,3.current, complete and correct information enabling verification of compliance with the general and particular conditions of allocation of the requested domain name.3 ofcom shall determine the information, elements and documents which may be required by the registry or registrars in order to verify the name, address and legal existence of an applicant or compliance with the conditions of allocation of a domain name, in particular:a.if the applicant is an individual: a copy of a national identity document or a valid passport and a current certificate of residence;b.if the applicant is an association or a foundation with its headquarters in switzerland and not entered in the commercial register: a certified copy of the articles of association or the foundation charter;c.if the applicant is a legal entity or a partnership with its headquarters abroad: an attested up-to-date extract from the foreign commercial register or, when the extract does not contain sufficient information or if there is no corresponding institution in the commercial register, an official document attesting that the entity exists legally in accordance with the provisions of the applicable foreign law;d.the business identification number (bin) within the meaning of the federal act of 18 june 201024 on the business identification number.4 if necessary, it shall regulate the modalities for submitting registration applications. it may demand the use of set forms for registrations and amendments.24 sr 431.03art. 25 general conditions of allocation 1 a domain name shall be allocated when:a.25the required designation, or the corresponding ace string, consists of 3 to 63 authorised characters; ofcom shall determine the authorised characters and may provide for exceptions concerning the minimum number of characters when an overriding public interest justifies this; the abbreviations consisting of two characters which designate the cantons and the names of political communes and places that consist of two characters are reserved in accordance with article 26 paragraph 1 letter b and may be allocated to the public bodies concerned;b.the requested designation is not the subject of a reservation under this ordinance, unless the reservation was made by the person making the application;c.the particular conditions of allocation for the domain concerned are met.1bis the registry shall allocate a domain name and prevent any configuration of the name servers associated with it in the zone file that enables the domain name to be activated if an authority intervening within the scope of its responsibilities notifies the registry that there are reasonable grounds to believe that the applicant will use the requested domain name for an unlawful purpose or in an unlawful manner.261ter the registry may allocate a domain name and prevent any configuration of the name servers associated with it in the zone file that enables the domain name to be activated if there are reasonable grounds to believe that the applicant:a.is providing false identification information or unlawfully using the identity of a third party; andb.the requested domain name will be used for an unlawful purpose or in an unlawful manner.271quater if the holder in the cases in paragraphs 1bis and 1ter fails to disclose their correct identity within 30 days, the registry shall revoke the allocation of the domain name.282 the registry shall refuse to allocate a domain name when:a.the chosen designation is contrary to public order, morality or the law in force;b.technical reasons so require;c.29a swiss authority intervening within its sphere of competence notifies it that there is reason to believe that the applicant will use the requested domain name unlawfully or for an unlawful purpose;d.30an applicant whose domain name has been revoked under article 15c paragraph 2 or article 16 paragraph 3 requests to be allocated the same domain name again without indicating a valid correspondence address in switzerland.3 it may refuse to allocate a domain name when the applicant is in a state of bankruptcy, liquidation or in administration proceedings.25 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).26 inserted by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).27 inserted by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).28 inserted by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).29 inserted by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).30 inserted by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 26 reserved designations 1 the following designations or categories of designations are subject to reservation:31a.designations of federal institutions and units of the federal administration, names of federal councillors and of chancellors of the confederation, designations of official buildings and other designations associated with the state which appear in the central list of designations deemed worthy of protection as domain names; this list is drawn up by the federal chancellery;b.32the names of the swiss cantons, political communes und places in accordance with article 3 of the ordinance of 21 may 200833 on geographical names, and the abbreviations consisting of two characters which designate the cantons;c.names and abbreviations of the international organisations protected by swiss legislation;d.designations which must be reserved in the generic top-level domains in accordance with the rules which apply at the international level;e.designations necessary for the activity of the registry, in particular for its communication.2 reserved designations or categories of designations may be allocated as domain names only to those persons or categories of persons for whom they are reserved, unless the persons or categories of persons have permitted allocation to third parties; the foregoing does not apply to designations allocated to third parties before the designation is reserved or before this ordinance comes into force. in the absence of agreement, homonymous canton and political commune designations are allocated to the commune concerned.31 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).32 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).33 sr 510.625art. 27 allocation process 1 the processing of a registration application by the registry concludes with the allocation or the refusal of allocation of the requested domain name.2 the registry allocates the right to use a domain name. the allocation takes effect on its confirmation in electronic form via the registry system to the registrar operating on behalf of the applicant concerned.3 the registry shall notify the registrar acting on behalf of the applicant concerned of the refusal to allocate a domain name via the registration system in electronic form or if necessary by other means. it shall directly notify the applicant of the refusal to allocate a domain name that must be allocated by means of a naming mandate under article 56 using an appropriate means of communication.344 ofcom shall make a decision on the refusal to allocate a domain name if, within 40 days of receiving notification of a refusal under paragraph 3, the applicant:35a.requests such a decision; andb.provides a valid correspondence address in switzerland if they are registered or domiciled abroad.34 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).35 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).section 5 domain names art. 28 holder's rights 1 the holder has the right to use the domain name which has been allocated to it within the prescribed limits and for purposes provided for by this ordinance and its implementing provisions. the right of use is governed by public law.2 it shall manage freely the domain names subordinate to the domain name allocated to it, unless this ordinance or its implementing provisions provide otherwise.3 it may transfer to a third party a domain name which has been allocated to it when the general and particular conditions of allocation are met by submitting, via the registrar which manages it, a change of holder request.4 it may give up its domain name at any time by submitting, via the registrar which manages it, a cancellation request. civil claims for non-fulfilment of the contract concluded with the registrar are reserved.5 the right to use a domain name automatically passes:a.to the undertaking originating from a merger which becomes the holder of the domain names allocated to the merged undertakings;b.in the event of a demerger or a transfer of assets governed by the mergers act of 3 october 200336, to the undertaking which takes over which then becomes the holder of the domain names allocated to the transferring undertaking mentioned in the inventory;c.to the heirs of the deceased holder.6 it reverts to the bankruptcy assets of the bankrupt holder.36 sr 221.301art. 29 holder's obligations 1 the holder must keep up to date and if necessary supplement or correct all the information relating to it which is necessary for the management of the domain name which it has been allocated.2 it is obliged to take part in a dispute resolution procedure initiated by the holder of a right attached to a distinctive sign.art. 30 measures37 1 the registry may, on its own initiative or at the request of the registrar concerned, revoke the allocation of a domain name:a.if the holder does not comply with this ordinance or its implementing provisions;b.if the general or particular conditions imposed on the allocation of a domain name are no longer being complied with;c.if the holder does not comply with its obligation to keep up to date, supplement or correct all the information relating to it which is necessary for the management of the domain name which it has been allocated;d.if a registrar so requests after terminating its contract with the holder and the latter has not transferred the management of the domain name to a new registrar within 30 days;e.if there are other important reasons, such as technical reasons, standards or international harmonisation measures.2 the registry shall revoke the allocation of a domain name:a.if an amendment to this ordinance or its implementing provisions so requires;b.if this proves necessary in order to protect the integrity or the stability of the dns;c.if the holder gives up its domain name voluntarily;d.if the registrar operating on behalf of the holder is in a state of bankruptcy, liquidation or has had its registrar contract terminated and the holder does not transfer the management of the domain name to a new registrar within 90 days; this period runs from the time the registry has informed the holder of the necessity of transferring management of the domain name to a new registrar; the quarantine period within the meaning of article 31 paragraph 3 is 90 days;e.if experts mandated by a dispute resolution service so request, unless a civil action has been filed within the period prescribed by the procedural rules of the dispute resolution service concerned;f.if a court or an arbitration tribunal so orders as part of a procedure which leads to an enforcement order or ruling in switzerland;g.if a swiss administrative or prosecuting authority so orders in accordance within its sphere of competence.3 a specialist appointed by a dispute resolution service, a court, an arbitration tribunal or a swiss administrative or prosecution authority may within the scope of its competence issue provisional orders to the registry; the registry may in particular be required to:a.suspend or modify a domain names technically by deleting the related name servers in the zone file, replacing them with new name servers or not re-entering them after their deletion;b.suspend a domain name administratively by prohibiting its allocation or re-allocation to a third party, its transfer or any change in technical or administrative parameters relating to it;c.transfer a domain names to a different registrar;d.correct, amend or delete any information or technical or administrative parameters relating to the management of a domain name;e.correct, amend, anonymise or delete any information in the rdds database (whois);f.allocate a domain name to itself or to a specific person;g.redirect data traffic leading to or via a domain name for analysis;h.38redirect data traffic leading to or via a domain name to an information page.394 the registry may take provisional measures in accordance with paragraph 3:a.if this is regarded as necessary in order to protect the integrity and stability of the dns and there is an urgent need to avert imminent prejudice that cannot easily be remedied;b.for a maximum of five working days when there is reason to believe that that the holder is using the domain name unlawfully or for an unlawful purpose and there is an urgent need to avert imminent prejudice that cannot easily be remedied.4037 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).38 inserted by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).39 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).40 inserted by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 31 effect of revocation 1 the revocation of a domain name takes effect as of its communication by the registry in electronic form to the registrar operating on behalf of the holder concerned via the registration system. it results in the revocation of the subordinate domain names.2 ofcom takes a decision on the revocation of a domain name if, within the 30 days following the communication of this revocation, the holder:a.requests such a decision; andb.provides a valid correspondence address in switzerland when it is registered or domiciled abroad.3 subject to a longer quarantine period granted by this ordinance, a revoked domain name may not be allocated to a new holder until 40 days after its revocation or the entry into force of a decision pursuant to paragraph 2. during this period, the revoked domain name must be reassigned from the date of revocation to its former holder if the latter so requests and the general and particular conditions of allocation are met.chapter 3 delegation of the registry function art. 3241 procedure and conditions for delegation 1 if the function of the registry is to be delegated on the basis of a tendering or invitation procedure (art. 28a para. 2 tca), ofcom shall evaluate and weight the offers according to the following criteria in particular:a.price, suitability and quality of the services;b.the qualifications and characteristics demanded of the delegates;c.public security and combating cybercrime;d.the protection of critical infrastructures; e.participation of the community concerned in the management of the delegated resources.2 the candidates must not be permitted to see the documents submitted by their competitors nor to comment on their bids or other documents submitted.3 ofcom decisions must not disclose the business secrets of candidates that have participated in the selection procedure.41 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 33 form of delegation the delegation to third parties of the registry function of a domain managed by the confederation or of particular tasks related to this function shall take the form of a contract under administrative law (delegation contract).art. 34 term of the delegation 1 the delegation contract is drawn up for a specific term. its term is fixed according to the nature and importance of the delegated tasks.2 it may be extended or renewed.art. 35 essential activities or services the delegate requires ofcom's consent in order to delegate to third parties activities or services constituting an essential element of the function.art. 36 separation of interest 1 the delegate nay not at the same time exercise the function of registrar for the domain which it manages.2 if the delegate is linked legally or economically to an entity which exercises a registrar function for the domain, an independent execution of the tasks must be guaranteed in the delegation contract by suitable measures such as the prescription of specific forms of public communication or the obligation to guarantee the autonomy of the personnel employed.art. 37 delegation of tasks 1 the tasks of the registry are agreed in the form of a list of services; qualitative criteria are defined in order to verify the execution of the tasks. 2 other services of the registry may be agreed, in particular for collaboration in appropriate international forums and organisations or within the sphere of data protection and internet security.3 the registry must prove that it has adequate insurance to cover the risks related to its activities of domain name management and allocation.art. 38 price 1 the price which registrars must pay annually for the registration of a domain name and for administration of the data is fixed in the delegation contract. 2 when the delegation of tasks was the result of a tendering or invitation procedure under article 32, the following rules apply:42a.the price shall correspond to the offer;b.the offer price may be adapted during the term of delegation if the delegated tasks change; the difference in price is calculated based on the changes in costs arising from the change in tasks; the delegate submits an offer to ofcom and provides proof of the change in costs; in order to examine the offer, ofcom may use comparison values and may ask to be provided with any useful documents.3 when the delegation of tasks takes place directly, the price covers the relevant costs of the registry related to the catalogue of services agreed with ofcom and additionally makes it possible to make an appropriate profit. 42 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 39 obligation to inform 1 delegates are obliged to provide ofcom with all the information and documents necessary for the execution of this ordinance and its implementing provisions.2 they are obliged to transmit free of charge to ofcom the information necessary for the compilation of official statistics. articles 97 to 103 of the ordinance of 9 march 200743 on telecommunications services apply by analogy.43 sr 784.101.1art. 40 surveillance 1 ofcom shall ensure that delegates comply with this ordinance and its implementing provisions, and with their delegation contract. 2 normally it verifies once every two years the manner in which delegates fulfil the delegated function or tasks. the delegates must grant access to their premises and their installations and must provide all the information required.3 if there is reason to suspect that a delegate is not complying with the obligations arising from this ordinance, its implementing provisions or the delegation contract, ofcom shall perform an audit. the delegate must guarantee access to its premises and its installations and must provide all the information required.4 if the audit establishes that the delegate is not fulfilling its obligations, the delegate bears the costs thereof.art. 41 surveillance measures 1 if a delegate does not fulfil its obligations, ofcom may:a.require it to remedy the shortcoming or to take appropriate measures to prevent any repetition; the delegate must inform ofcom of the measures taken;b.require it to transfer the unlawfully acquired revenue to the confederation;c.add conditions to the delegation contract;d.restrict or terminate the delegation contract with immediate effect or within a specific period.2 ofcom may order provisional measures.art. 42 modification of the delegation contract 1 ofcom may modify by administrative decision certain provisions of the delegation contract before the expiry of its period of validity if the de facto or de jure conditions have changed and if modification is necessary to preserve overriding public interests.2 the delegate shall receive appropriate compensation if modification of the delegation contract causes it a financial loss relating to the delegated function or tasks. this compensation does not include the compensation for loss of profits.art. 43 end of the delegated activity 1 ofcom shall terminate the delegation contract without compensation if a delegate no longer fulfils the conditions for exercising the delegated function or tasks, ceases all activity or is in a state of bankruptcy, liquidation or in administration proceedings.2 it may terminate the delegation contract by appropriately compensating the delegate if the de facto or de jure conditions have changed and if the termination is necessary to preserve overriding public interests. the compensation does not include compensation for loss of profits. it takes into account the amount received by the delegate under paragraph 5 letter b for the assistance provided.3 ofcom shall take over the delegated function or task or entrust it directly to a new delegate.444 holders retain their rights vis--vis the new registry to the domain names which have been allocated to them.5 the delegate is obliged to collaborate and to provide the new registry with all the technical and organisational assistance necessary to ensure the continuity and security of the management of the domain concerned and of the domain names subordinate to it. it is entitled to compensation based on the utility value of its assistance. the compensation is, on request, fixed by ofcom. the delegate must in particular make available:a.free of charge: the activities log and the entirety of the conserved data or information which relates to the domain concerned and to the holders of the allocated domain names or the management activities associated with these domain names and their characteristics, in particular their technical characteristics;b.in return for compensation for the asset value: the technical and data-processing infrastructure essential for the continuation of the function or of the delegated tasks.6 the delegate shall ensure that the persons affected are aware of the cessation of its activities and of the steps to be taken to safeguard their claims.44 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).chapter 4 the .ch domain art. 44 object the provisions of this chapter govern the management of the ch. top-level domain and the management and allocation of second-level domain names which are subordinate to it.art. 45 characteristics 1 the .ch domain has the following characteristics:a.it constitutes a top-level country domain managed by the confederation;b.the domain names which are subordinate to it may be allocated to or used by any physical and moral person;c.the registrar function is exercised in free competition by all the entities which have concluded a registrar contract with the registry.2 the registry establishes a dispute resolution service within the meaning of article 14.art. 4645 provision of data 1 the following data must appear in the rdds database (whois):a.the designation of the allocated domain name and corresponding ace string;bin the case of an activated domain name: the data relating to the allocated name server;c.the information according to which a domain name is or is not protected by the dnssec system;d.the date of the first allocation of the domain name;e.the name, address and contact data of the registrar acting on behalf of the holder of the domain name concerned.2 the registry may publish the following data in the rdds database (whois):a.the identification information and contact data of the holder of the domain name concerned if it is a legal entity;b.the identification information and contact data of the holder of the domain name concerned if the holder has consented to publication;c.information on how the holder of the domain name concerned may be contacted anonymously.3 it shall grant any person who credibly claims to have an overriding legitimate interest access free of charge to the personal data of the holder of the domain name concerned contained in the rdds database (whois).4 ofcom may, taking account of the rules that apply at international level, issue regulations on the modalities and procedures for access under paragraph 3.5 the registry shall take suitable measures, in particular technical measures, to prevent abuse of the data made available to the public, in particular its use for the purpose of advertising or sales promotion.45 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 47 particular conditions of allocation 1 if a domain name is not yet allocated and the general conditions prescribed in article 25 are met, the registry shall allocate the name to the first applicant who applies for it.2 the registry does not check the merits of the rights to use the alphanumeric denominations of domain names. disputes relating to the rights attached to distinctive signs in relation to domain names are governed by civil law.art. 48 transposed .ch domains 1 .ch country domains that are transposed into another alphabet or graphic system are managed by their own specific registry. ofcom may entrust this management to the registry of the .ch domain.2 otherwise, the provisions of this ordinance which govern the .ch domain apply by analogy to the management of a transposed .ch domain.chapter 5 the .swiss domain section 1 general provisions art. 49 object the provisions of this chapter govern the management of the .swiss top-level domain and the management and allocation of second-level domain names which are subordinate to it.art. 50 characteristics the .swiss domain has the following characteristics:a.it is managed by the confederation;b.the domain and the domain names which are subordinate to it are intended to serve and promote the swiss community, its image and its political, economic, legal or cultural interests in switzerland and in the world;c.the subordinate domain names may be allocated only to entities located in switzerland or having a particular link with switzerland;d.the policy of assigning domain names must be implemented in a prudent manner protective of the interests of the swiss community; it may restrict the categories of designations that are available for allocation or the eligibility of persons who may require such an allocation;e.the registrar function is exercised in free competition by all the entities which have a valid registrar contract with the registry.section 2 registry art. 51 particular tasks in the exercise of its functions, the registry has the following particular tasks:a.to offer a single arrangement (a single point of contact) allowing any person to bring to the attention of the registry a domain name the allocation or use of which are likely to be illegal or contrary to public order;b.to monitor by random samples that the allocated domain names comply with the conditions of allocation and that their use is not manifestly illegal or contrary to public order;c.46to take commercial communication or sponsorship measures in order to promote the .swiss domain; for this purpose it may work with the authorities responsible, in particular the swiss federal institute of intellectual property, the swiss federal statistical office and the cantonal commercial registers.46 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 5247 provision of data 1 the registry shall publish in the rdds database (whois) the data that are required in accordance with the rules that apply at international level.2 it may publish the following data there:the name of the organisation and the uid of the holder of the domain name concerned;b.the identification information and contact data of the holder of the domain name concerned if it is a legal entity;c.the identification information and contact data of the holder of the domain name concerned if the holder has consented to publication;d.information on how the holder of the domain name concerned may be contacted anonymously.3 the registry shall provide search facilities in the rdds database (whois) on the basis of criteria such as the domain name concerned, the registrar in charge of its management or the designation of the name server.4 it shall grant any person that has an overriding legitimate interest access to the personal data of the holder of the domain name concerned that are in rdds database (whois). it may request a fee for access in accordance with the rules and fees that apply at international level unless other legislation provides for access free of charge.5 the registrar shall, in accordance with the rules that apply at international level, ensure access to the personal data of the holder of the domain name concerned on whose behalf it is acting, in accordance with paragraph 4.6 the modalities and procedure for access in accordance with paragraphs 4 and 5 must comply with the rules that apply at international level. ofcom may provide for additional modalities and procedures and determine the level of the fee for access in specific cases.47 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).section 3 allocation art. 53 particular conditions of allocation 1 a domain name is allocated when the following particular conditions are met, in addition to the general conditions provided for by article 25:a.the applicant provides proof of a sufficient link with switzerland; this is in particular the case when its headquarters and an actual administrative site or its residence is in switzerland, or if the person concerned is a swiss citizen;b.the applicant belongs, at the time of submission of the registration application, to a category of persons entitled to request an allocation (eligibility);c.the requested designation belongs, at the time of submission of the registration application, to a category of designations which may be the subject of an allocation;d.the envisaged use complies with swiss law; if the domain name is used to offer or advertise products or services, a headquarters and an actual administrative site or domicile in switzerland are essential;e.the requested designation may legitimately be regarded as having an objective relationship with the applicant or the envisaged use of the domain name; this is in particular the case when the domain name meets one of the following conditions:1.it contains a designation to which the applicant has a claim under trademark law,2.it refers to a designation objectively linked to the state or to its activities which is required by the public body or the public law organisation concerned,3.it contains a geographical designation:-to which the applicant has a right or in which it has a legitimate interest,-to which it has a right or in which it has a legitimate interest in the public mind, or-that it is authorised to use by the public body or bodies or other organisations concerned,4.it refers to a designation in which the applicant has a legitimate interest or which is associated with this applicant in the public mind;f.the requested designation does not correspond to or is not related to a designation with a generic character, subject to the provisions relating to the naming mandate (art. 56).2 the registry may refuse the allocation of a domain name:a.48when the chosen designation may manifestly lead to confusion with a domain name already allocated or a reserved designation in accordance with article 26;b.when it is clear, on the basis of brief examination, that the chosen designation infringes third-party trademark rights; otherwise, the merits of the rights to use the alphanumeric designations of domain names is not verified; disputes relating to trademark rights in relation to domain names are governed by civil law;c.when the characteristics or values which underlie the domain oppose such allocation.3 in exceptional cases, the registry may allocate domain names which do not meet the particular conditions of allocation when the interest of this allocation for the swiss community so justifies.48 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).art. 5449 49 repealed by no i of the o of 15 sept. 2017, with effect from 1 nov. 2017 (as 2017 5225).art. 5550 eligibility and staggered opening the following are eligible to allocate a domain name:a.public bodies or other swiss public law organisations;b.entities entered in the swiss commercial register having their headquarters and an actual administrative site in switzerland;c.associations and foundations not entered in the swiss commercial register having their headquarters and an actual administrative site in switzerland.50 amended by no i of the o of 15 sept. 2017, in force since 1 nov. 2017 (as 2017 5225).art. 56 naming mandate 1 the domain names which correspond to or which are connected with designations of a generic character with a particular interest for all or part of the swiss community must be allocated under a naming mandate. ofcom may draw up and keep up to date a non-exhaustive list of the designations or categories of designation concerned.2 the registry may allocate domain names under a naming mandate:a.following a call for tenders; if necessary it regulates the modalities of the tendering procedure; the latter must conform to the principles of objectivity, non-discrimination and transparency, while guaranteeing the confidentiality of the data provided by the candidates; orb.on the basis of a spontaneous candidature.3 any candidate for a domain which is to be allocated under a naming mandate must:a.demonstrate that it complies with the general and particular conditions imposed on the allocation of a domain name;b.51demonstrate that it represents all or an important part of the community concerned with the requested designation or that its candidature benefits from the support of all or an important part of this community; guarantees of compliance with the principles of competitive neutrality, non-discrimination and transparency may be substituted for representation or support of the community if the name applied for does not refer to a specific community or the name applied for is not represented by an organised or constituted community;c.indicate the possible related domain names in german, french, italian or english which it wishes to integrate into the naming mandate;d.demonstrate that the envisaged use of the domain name and the performances or services offered in connection with this name benefit the whole of the community concerned; e.demonstrate the manner in which it will ensure that the requirements provided for under title 2 of the trademark protection act of 28 august 199252 are complied with by all the products offered using a domain name the designation of which refers to a product, to its characteristics or to a category of products;f.demonstrate the extent to which its project provides added value for the community concerned and for the swiss community;g.demonstrate that it meets the conditions prescribed by ofcom for the quality of the domain name or of the desired project;h.provide a draft of a naming mandate.4 the registry shall publish the candidatures. other applicants may submit an application for this same domain name within the 20 days following publication.5 in the event of a multiple candidature, the registry shall allocate the domain name to the candidate whose project provides added value for the community concerned and for the swiss community that is clearly greater than that of the other projects.6 if no project meets the requirement set out in paragraph 5 and the candidates cannot agree on a single or joint candidature, the registry shall decide on the allocation by drawing lots or holding an auction. the proceeds from the auction are paid into federal funds.7 a domain name under a naming mandate is allocated for a specified term. it must be used.8 the rules applicable to the supervision of persons that are delegated the registry function of a domain managed by the confederation (art. 40 to 43) apply by analogy to naming mandates, and in particular to their revocation.9 the registry shall disclose naming mandates to third parties which request them; it may also make them available by a consultation procedure or publish them in another manner. the clauses and annexes containing confidential commercial information may not be communicated.51 amended by no i of the o of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).52 sr 232.11art. 57 allocation process 1 the registry shall examine any application for registration of a domain name and publishes them, unless the application manifestly does not meet the general and particular conditions for allocation. other applicants may submit a registration application for this same domain name within the 20 days following publication.2 in the event of a multiple application, the registry allocates the domain name concerned in the following order of priority:a.in principle to the public body or to the public law organisation making the application when the latter is in competition with private applicants and the requested designation as such is of public interest;b.to the public body or public law organisation that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the swiss community compared to the other envisaged uses; if no project satisfies this requirement and the public bodies or public law organisations submitting the application cannot agree on a single or joint candidature, the registry does not allocate the domain name;c.in principle to the applicant which has a right to a trademark corresponding to the domain name concerned when it is in competition with applicants not benefiting from such a right;d.to the highest bidder in an auction when the applicants have competing rights under trademark law to the domain name concerned, unless holding an auction appears inappropriate in light of all the circumstances or the applicants concerned; the proceeds from the auction are paid into federal funds;e.to the applicant which was first to submit a registration application when all the applicants constitute non-profit-making entities and effectively pursue such aims;f.to the applicant that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the swiss community compared to the uses envisaged by the other applicants; if no project satisfies this requirement and the applicants cannot agree on a single or joint candidature, the registry decides on the allocation by drawing lots or holding an auction; the proceeds from the auction are paid into federal funds.3 subject to the prior examination under article 53 paragraph 2 letter b, the registry does not verify the merits of the rights to use the alphanumeric denominations of domain names. disputes relating to the trademark rights in relation to domain names are governed by civil law.section 4 revocation art. 58 the registry may, on its own initiative or at the request of the registrar concerned, revoke the allocation of a domain name:a.if it appears that a generic designation allocated as a domain name should have been allocated under a naming mandate; the beneficiary of the naming mandate shall pay the former holder compensation which includes all the costs of registration and management of the revoked domain name;b.if it is evident, on the basis of a brief examination, that the designation allocated as a domain name infringes a trademark right;c.if the domain name contains a geographical denomination which is of particular interest for all or part of the swiss community and is required by a public body or another public law organisation; the latter pays the former holder compensation which includes all the costs of registration and management of the revoked domain name;d.if there is reason to believe that the holder has applied for the registration for the sole purpose of harming the reputation of the holder of a legitimate interest in this name or a connected name, or that of a product or service associated with this name in the mind of the public;e.if there is reason to believe that the holder has applied for the allocation for the purpose of profiting from the reputation of the holder of a legitimate interest in this name or in a name or product associated with this name in the mind of the public;f.if the characteristics or values which underlie the domain so require.chapter 6 domains managed by other swiss public bodies art. 59 1 swiss public bodies may apply to acquire top-level generic domains of their choice from the icann.2 they shall comply with the following principles:a.they ensure that swiss law and the interests of switzerland are respected during the management and use of the domains and domain names which are subordinate to them;b.they ensure the security and availability of the infrastructure and the services necessary for the operation of the dns;c.they shall take measures to prevent abuse of the data made available to the public.3 ofcom shall monitor compliance by the public bodies concerned with the management principles prescribed in paragraph 2. if necessary, it shall stipulate the measures or requirements relating to the security and availability of the infrastructure and services necessary for the operation of the dns and to prevent abuse of the data made available to the public.4 if a public body which has acquired a generic domain has not laid down the necessary rules, it shall manage this domain in accordance with the provisions of this ordinance which govern the .ch domain.chapter 7 final provisions section 1 implementation art. 60 1 ofcom shall issue the necessary technical and administrative regulations.2 it is entitled to conclude international agreements relating to technical or administrative issues that fall within the scope of this ordinance.section 2 . art. 61-6453 53 repealed by no i of the o of 15 sept. 2017, with effect from 1 nov. 2017 (as 2017 5225).section 3 commencement art. 65 this ordinance comes into force on 1 january 2015.annex54 54 revised by no ii of the o of 15 sept. 2017 (as 2017 5225) and of 18 nov. 2020, in force since 1 jan. 2021 (as 2020 6251).(art. 3)terms and abbreviations in this ordinance:a.dns (domain name system) means a system implementing a collective organisation and a structured management in a hierarchical manner of domain names and their resolution into an ip address (and vice versa);b.domain or internet domain means a sub-set of the hierarchical structure of the dns which is the subject of joint management of the domain names which are subordinate to it;c.domain name means a unique communication parameter, composed of a series of alphanumeric, ideographic or other characters which make it possible to identify a domain;d.ace-string (ascii [american standard codes for information interchanges] compatible encoding-string) means a character string made up of the characters a to z (without accents or inflected vowels) and numerical characters 0 to 9 as well as hyphens which is established by means of technical processes. a domain name is registered in the form of the ace-string in the dns;e.internet protocol address or ip address means a numerical communication parameter, defined in the ip protocol, which identifies an element of the internet network;f.icann (internet corporation for assigned names and numbers) is a non-profit corporation under californian law which has in particular the task of assigning the ip address space, managing the top-level domains of the dns and ensuring the operation of its root servers;g.iso is the international organisation for standardisation;h.top-level domain [tld]) means a domain of the highest level of the dns which defines, by means of a character string authorised by icann, a particular namespace;i.generic top-level domain [gtld]) means a top-level domain the designation of which identifies a community, a distinctive sign, a sector of activity or a circle of particular interests;j.country code top-level domain [cctld]) means a top-level domain the designation of which, formed by a character string in conformity with iso standard 3166-1 alpha-2, identifies a country or a geographical area;k.rdds database (whois) means the registration data directory service database which guarantees to any interested person access in real time to information relating to allocated domain names;l.registry means an entity charged with the central organisation, administration and management of a top-level domain, and with the allocation and revocation of rights of use of the domain names which are subordinate to it;mregistrar means an entity entitled to undertake with the registry the technical and administrative operations permitting registration, on behalf of applicants, of the desired domain names and to ensure the administrative follow-up;n.registration means all the technical and administrative operations carried out by a registrar with the registry with the purpose of obtaining the allocation of a domain name for an applicant;o.allocation means the legal act by which the registry grants, via a registrar, the right to use a domain name to an applicant;p.holder means any physical or moral person allocated the right to use a domain name by the registry;q.designation with a generic character means a designation which refers to or generally describes a category or a class of goods, services, people, groups, organisations, products, techniques, sectors or activities;r.naming mandate means the legal act by which the registry allocates a generic domain name or a series of related generic domain names subject to compliance with the particular modalities of use;s.dnssec (domain name system security extensions) means a standardised protocol of the ietf (internet engineering task force) which makes data exchange within the dns secure;t.transfer means the legal act by which the registry allocates the administrative management of a domain name to a new registrar at the request of the holder;u.right attached to a distinctive sign means a right recognised by the legal order which derives from the registration or use of a sign and which protects its holder from attacks on its interests generated by the registration or use by third parties of an identical or similar sign.

810.11 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton medically assisted reproduction(reproductive medicine act, rma)of 18 december 1998 (status as of 1 september 2017)the federal assembly of the swiss confederation,on the basis of articles 119 paragraph 2 and 122 paragraph 1 of the federal constitution1,2and having considered the dispatch of the federal council dated 26 june 19963,decrees:1 sr 1012 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).3 bbl 1996 iii 205chapter 1 general provisions art. 1 subject and purpose 1 this act specifies the conditions under which the techniques of medically assisted reproduction may be used in humans.2 it protects human dignity, personality and the family and prohibits misuses of biotechnology and gene technology.3 it provides for the establishment of a national ethics commission.art. 2 definitions in this act:a.techniques of medically assisted reproduction (assisted reproductive techniques) means methods of establishing a pregnancy without sexual intercourse - in particular, insemination, in vitro fertilisation with embryo transfer and gamete transfer;b.insemination means the introduction, by means of instruments, of sperm cells into the female reproductive organs;c.in vitro fertilisation means the bringing together of an ovum and sperm cells outside the woman's body;d.gamete transfer means the introduction, by means of instruments, of sperm cells and ova into the uterus or a fallopian tube;e.reproductive cells (gametes) means sperm cells and ova;f.germline cells means reproductive cells (including their precursor cells), impregnated ova and embryonic cells whose genetic material can be passed on to offspring;g.impregnation means causing a sperm cell to penetrate into the cytoplasm of an ovum, in particular by insemination, gamete transfer or in vitro fertilisation;h.impregnated ovum means the fertilised ovum before pronuclear fusion;i.embryo means the developing offspring from the time of pronuclear fusion until the end of organogenesis;j.foetus means the developing offspring from the end of organogenesis until birth;k.surrogate mother means a woman who is prepared to become pregnant by means of an assisted reproductive technique, to carry the foetus to term and to surrender the child permanently to third parties after delivery;l.cloning means the artificial production of genetically identical organisms;m.chimera formation means the fusion of totipotent cells from two or more genetically different embryos. embryonic cells are totipotent if they are capable of developing into any type of specialised cell;n.hybrid formation means causing a non-human sperm cell to penetrate into a human ovum, or a human sperm cell into a non-human ovum.chapter 2 techniques of medically assisted reproduction section 1 principles art. 3 well-being of the child 1 assisted reproductive techniques may be used only if the well-being of the child is ensured.2 they may only be used in couples:a.where a basis for a parent-child relationship exists in accordance with articles 252-263 of the swiss civil code4 (cc) andb.5who, on the basis of their age and personal circumstances, are likely to be able to care for and bring up the child until it reaches the age of majority.3 only married couples may use donated sperm cells.4 reproductive cells or impregnated ova may not be used after the death of the person from whom they were obtained. the foregoing does not apply to sperm cells from sperm donors.65 impregnated ova and embryos in vitro may no longer be used following the death of any one oft he couple concerned.74 sr 2105 amended by annex no 20 of the fa of 19 dec. 2008 (adult protection, law of persons and law of children), in force since 1 jan. 2013 (as 2011 725; bbl 2006 7001).6 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).7 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 4 prohibited practices ovum and embryo donation and surrogate motherhood are prohibited.art. 58 authorisation requirements for reproductive techniques assisted reproductive techniques may be used only if:a.the aim is to enable a couple to overcome infertility and other treatment methods have failed or offer no prospect of success; orb.there is no other way of avoiding the risk of transmitting a serious disease to the offspring.8 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 5a9 analysis of the genetic material of reproductive cells and embryos in vitro and their selection 1 the analysis of the genetic material of reproductive cells and their selection to influence the sex or other characteristics of the child are only permitted in order to identify chromosomal properties that may inhibit the development capacity of the embryo to be created, or if there is no other way of avoiding the risk of transmitting a predisposition for a serious disease. article 22 paragraph 4 is reserved.2 the analysis of the genetic material of embryos in vitro and their selection according to sex or according to other characteristics are only permitted if:a.there is no other way of avoiding the risk of an embryo with a hereditary predisposition for a serious disease from implanting in the uterus;b.it is probable that the serious disease will occur before the age of 50;c.no effective or expedient therapy is available for combating the serious disease; andd.the couple have informed the physician in writing that they are not prepared to accept the risk in terms of letter a.3 they are also permitted in order to identify chromosomal properties that may inhibit the development capacity of the embryo.9 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 5b10 consent of the couple 1 reproductive techniques may only be used if the couple concerned have given their written consent after being given sufficient information and counselling. after three unsuccessful treatment cycles, renewed consent and a further period for reflection are required.2 the couple's written consent is also required for the reactivation of preserved embryos and impregnated ova.3 if an assisted reproductive technique involves an increased risk of multiple pregnancy, the procedure may be carried out only if the couple are prepared to accept a multiple birth.10 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 6 information and counselling 1 before an assisted reproductive technique is used, the physician must adequately inform the couple about:11a.the various causes of infertility;b.the medical procedure, including the prospects of success and the risks involved;c.the risk of a multiple pregnancy;d.possible psychological and physical stresses; ande.the legal and financial aspects.2 in the counselling session, appropriate reference should also be made to alternative ways of living and other family-building options.3 there must be an appropriate period for reflection, generally lasting four weeks, between the counselling session and treatment. it must be pointed out that the couple may also seek independent advice.4 psychological support must be offered before, during and after treatment.11 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 6a12 additional duties to provide information and counselling 1 before reproductive techniques with the analysis of the genetic material of reproductive cells or embryos in vitro or with the selection of donor sperm cells to prevent the transmission of a serious disease are carried out, the physician shall, in addition to the provision of information and counselling in accordance with article 6, ensure that the couple concerned receive non-directive, expert genetic counselling. in this connection, the couple must receive sufficient information on:a.the frequency, significance and probability of contracting the disease and its potential symptoms;b.prophylactic and therapeutic measures that may be taken against the disease;c.ways of organising the life of a child that suffers from the disease;d.the informative value of and risk of error in the analysis of the genetic material;e.risks that reproductive techniques carry for offspring;f.associations for parents of children with disabilities, self-help groups and information and counselling centres in terms of article 17 of the federal act of 8 october 200413 on human genetic testing (hgta).2 counselling may only concern the individual and family situation of the couple concerned and not the interests of society as a whole.3 the physician carries out the selection of one or more embryos for transfer to the uterus following a further counselling session.4 the physician must keep records of the counselling sessions.12 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).13 sr 810.12art. 6b14 protection and disclosure of genetic data the protection and disclosure of genetic data is governed by articles 7 and 19 hgta15.14 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).15 sr 810.12art. 716 16 repealed by no i of the fa of 12 dec. 2014, with effect from 1 sept. 2017 (as 2017 3641; bbl 2013 5823).section 2 licensing requirements art. 817 principles 1 a cantonal licence is required by any person who:a.uses assisted reproductive techniques;b.receives reproductive cells, impregnated ova or embryos in vitro for preservation or arranges the supply of donated sperm cells without personally using assisted reproductive techniques.2 laboratories that conduct analyses of genetic material in connection with reproductive techniques in terms of article 5a require a licence in terms of article 8 paragraph 1 hgta183 no licence is required for insemination using a partner's sperm cells.17 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).18 sr 810.12art. 9 use of assisted reproductive techniques 1 a licence in accordance with article 8 paragraph 1 letter a shall only be granted to physicians.192 they must:a.have the necessary training and experience in the methods of medically assisted reproduction;b.ensure that such activities are carried out with due care and in compliance with the law;c.together with staff, ensure that the persons to be treated receive comprehensive counselling and support with regard to the medical, reproductive biological and socio-psychological aspects of the procedure;d.have the necessary laboratory equipment;e.20ensure that the reproductive cells, impregnated ova and embryos in vitro are preserved according to the state of the art in science and practice.3 if the genetic material from reproductive cells or embryos in vitro is analysed as part of the reproductive technique, they must also:a.demonstrate they have sufficient knowledge of medical genetics; andb.guarantee that the procedure and cooperation with the laboratories concerned accords with the state of the art in science and practice.2119 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).20 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).21 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 10 preservation and supply of reproductive cells, impregnated ova and embryos in vitro22 1 a licence in accordance with article 8 paragraph 1 letter b shall only be granted to physicians.232 they must:a.ensure that such activities are carried out with due care and in compliance with the law;b.together with staff, ensure that sperm donors are carefully selected; andc.24ensure that reproductive cells, impregnated ova and embryos in vitro are preserved according to the state of science and practice.22 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).23 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).24 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 11 reporting 1 persons holding a licence in accordance with article 8 paragraph 1 must submit an annual report on their activities to the cantonal licensing authority.252 the report must provide information on:a.the number and type of treatments;b.the type of indications;c.the use of donated sperm cells;d.the number of pregnancies and their outcome;e.26the preservation and use of reproductive cells, impregnated ova and embryos in vitro;f.the number of surplus embryos.3 it must not contain any information revealing the identity of specific people.4 the cantonal licensing authority shall transmit the data to the federal statistical office for evaluation and publication.2725 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).26 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).27 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 1228 supervision 1 the licensing authority shall verify whether:a.the requirements for granting a licence have been met;b.the obligations and any conditions have been fulfilled2 it shall carry out inspections and may enter properties, business premises and rooms. the licence holder must provide the licensing authority with the required information and documents and any other support on request and free of charge.3 it may take any measures that are required to enforce this act. in particular, in the case of serious infringements of this act, it may prohibit the use of rooms or facilities, close business premises and suspend or revoke licences.4 the federal council may delegate enforcement tasks, and in particular inspection tasks, to public or private organisations and persons. it shall ensure that payment is made for the delegated tasks.28 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 1329 29 repealed by annex no 87 of the fa on the federal administrative court of 17 june 2005, with effect from 1 jan. 2007 as 2006 2197 1069; bbl 2001 4202).art. 14 implementing provisions the federal council shall enact the implementing provisions concerning the granting and withdrawal of licences, and reporting and supervision.section 2a30 evaluation 30 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823). art. 14a 1 the federal office of public health (foph) shall ensure that the impact of the provisions of this act relating to the analysis of the genetic material of embryos in vitro and their selection is evaluated.2 the evaluation shall relate in particular to:a.the compatibility of the indications reported in accordance with article 11 paragraph 2 letter b in respect of reproductive techniques with analysis of the genetic material of embryos in order to prevent transmitting the predisposition for a serious disease on the one hand with the authorisation requirements in accordance with article 5a paragraph 2 on the other;b.the survey of the number of couples and the procedures carried out as well as the results;c.the procedures relating to enforcement and supervision;d.the impacts on society.3 the holders of a licence in accordance with article 8 paragraph 1 must on request provide the foph and the person appointed to conduct the evaluation with the data required for the evaluation in anonymised form.4 the federal department of home affairs shall provide the federal council with a report on conclusion of the evaluation and make proposals for further action.section 3 handling of reproductive material art. 15 preservation of reproductive cells 1 reproductive cells may be preserved only with the written consent of the person from whom they were obtained, and for a maximum of five years. at the request of this person, the preservation period shall be extended by a maximum of five years.312 a longer preservation period may be agreed with persons who have their reproductive cells preserved with a view to producing their own offspring at a later date because medical treatment they undergo or an activity they carry out could lead to infertility or damage to their genetic material.3 the person from whom the reproductive cells are obtained may, at any time, in writing, revoke consent to their preservation and use.4 if consent is revoked or the preservation period expires, then the reproductive cells are to be destroyed immediately.31 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 16 preservation of impregnated ova and embryos in vitro32 1 impregnated ova and embryos in vitro may only be preserved if:33a.34the couple concerned give their written consent; andb.preservation is intended to permit subsequent establishment of a pregnancy.2 the preservation period is limited to five years. at the request of the couple concerned, the preservation period shall be extended by a maximum of five years.353 either partner may revoke his or her consent at any time in writing.4 if consent is revoked and the preservation period expires, then the impregnated ova and the embryos in vitro shall be be destroyed immediately. the provisions of the stem cell research act of 19 december 200336 are reserved.375 .3832 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).33 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).34 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).35 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).36 sr 810.3137 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).38 repealed by no i of the fa of 12 dec. 2014, with effect from 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 17 development of embryos 1 the number of impregnated ova developed into embryos outside the woman's body within one treatment cycle must not be greater than is required for medically assisted reproduction or for the analysis of the genetic material of the embryos; the maximum number shall be twelve.392 the embryo may only be developed outside the woman's body to the extent that is essential in order to permit implantation in the uterus.3 .4039 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).40 repealed by no i of the fa of 12 dec. 2014, with effect from 1 sept. 2017 (as 2017 3641; bbl 2013 5823).section 4 sperm donation art. 18 the donor's informed consent 1 donated sperm cells may only be used in legitimate assisted reproductive techniques and for purposes to which the donor has given his written consent.2 before donating sperm, the donor must be informed in writing about the legal situation, and in particular the right of the child to obtain information on the donor's records (art. 27).art. 19 selection of donors 1 donors must be carefully selected according to medical criteria; in particular, health risks for the recipient of the donated sperm cells must be excluded as far as possible. other selection criteria are prohibited.2 the donor may provide his sperm cells to only one centre; he must be expressly informed of this restriction prior to donation.art. 20 supply of donated sperm cells 1 donated sperm cells may only be supplied to persons who have a licence to use assisted reproductive techniques; the data specified in article 24 paragraph 2 is also to be provided.2 any person who receives donated sperm cells must ensure compliance with article 22 paragraph 2.art. 21 non-remuneration no payment shall be made for sperm donation as such.art. 22 use of donated sperm cells 1 sperm cells from different donors must not be used within one cycle. 2 sperm cells from one donor may be used to produce a maximum of eight children.3 when an assisted reproductive technique is used, the relationship between the persons from whom the reproductive cells are obtained must not constitute an impediment to marriage in accordance with article 95 cc41.4 when donated sperm cells are selected, only the donor's blood group and similarity in physical appearance to the man with whom filiation is to be established shall be taken into account.41 sr 210art. 23 filiation 1 a child conceived through sperm donation in accordance with the provisions of this act cannot contest filiation with the husband of his or her mother. an action contesting paternity by the husband is subject to the provisions of the cc42.2 if a child has been conceived through sperm donation, a paternity action against the sperm donor (art. 261 ff. cc) is not permitted; however, such an action is permissible if the donor knowingly donated sperm at the place of a person who was not licensed to use assisted reproductive techniques or to preserve and supply donated sperm cells.42 sr 210art. 24 documentation requirements 1 any person who receives or uses donated sperm cells must document the donation in a reliable manner.2 in particular, the following data about the donor is to be recorded:a.family name and first name, date and place of birth, place of residence, place of origin in switzerland or nationality, occupation and education;b.date of the sperm donation;c.results of the medical examination;d.information about physical appearance.3 concerning the woman for whom the donated sperm cells are used and her husband, the following data is to be recorded:a.family name and first name, date and place of birth, place of residence, place of origin in switzerland or nationality;b.date on which the sperm cells are used.art. 25 transmission of data 1 immediately after the birth of the child, the physician who carried out the reproductive procedure must transmit the data specified in article 24 to the federal civil status office (federal office).2 if the physician has not been informed of a birth, then he or she must transmit the data immediately after the calculated date of birth, unless it has been established that the treatment was unsuccessful.3 the federal council shall enact the necessary provisions on data protection.art. 26 retention of data the federal office shall retain the data for 80 years.art. 27 information 1 once the child has reached 18 years of age, he or she may request information from the federal office about the donor's physical appearance and personal data (art. 24 para. 2 lets. a and d).2 in addition, the child may at any time request information on all the data relating to the donor (art. 24 para. 2) if he or she has a legitimate interest in obtaining it.3 before the federal office discloses personal data, it shall inform the donor if possible. if the donor does not wish to have personal contact, then the child must be informed and made aware of the donor's rights of privacy and his family's entitlement to protection. if the child insists on his or her right to obtain information under paragraph 1, the information shall be provided.4 the federal council may assign responsibility for handling requests for information to a specialised federal commission.5 .4343 repealed by annex no 87 of the fa on the federal administrative court of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2001 4202).chapter 3 national ethics commission art. 28 1 the federal council shall establish a national ethics commission.2 the commission shall monitor developments in assisted reproductive techniques and gene technology in the area of human medicine and comment from an ethical perspective, in an advisory capacity, on associated social, scientific and legal issues.3 in particular, the commission shall have the following tasks:a.to draw up additional guidelines relating to this act;b.to identify gaps in the legislation;c.to advise the federal assembly, the federal council and the cantons on request;d.to inform the public about important findings and to promote debate on ethical matters within society.4 the federal council shall determine the other tasks to be carried out by the commission in the area of human medicine. it shall enact implementing provisions.chapter 4 criminal provisions art. 2944 production of embryos for illegitimate purposes 1 any person who produces an embryo by impregnation with the intention of using it or having it used for purposes other than the establishment of a pregnancy shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 the same penalty shall apply to any person who preserves an impregnated ovum or an embryo in vitro with the intention of using it or having it used for purposes other than the establishment of a pregnancy.44 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 30 development of embryos outside the woman's body 1 any person who allows an embryo to develop outside the woman's body beyond the point at which implantation in the uterus remains possible shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.452 the same penalty shall apply to any person who transfers a human embryo to an animal.45 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 31 surrogate motherhood 1 any person who uses an assisted reproductive technique in a surrogate mother shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.462 the same penalty shall apply to any person who acts as an intermediary for surrogate motherhood.46 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 3247 misuse of reproductive material 1 any person who uses reproductive material obtained from an embryo or foetus to bring about impregnation or further development into an embryo shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 any person who purchases or sells human reproductive material or products derived from embryos or foetuses shall be liable to custodial sentence not exceeding three years or to a monetary penalty.3 if the offender acts in a professional capacity, the penalty shall be a custodial sentence not exceeding three years or to a monetary penalty. a custodial sentence must be combined with a monetary penalty47 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 3348 analysis of the genetic material and selection of reproductive cells and embryos in vitro any person who in the course of a reproductive technique analyses the genetic material of reproductive cells or embryos in vitro and selects them according to their sex or according to other characteristics without overcoming infertility or avoiding the transmission of the predisposition to a serious disease to the offspring shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.48 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 3449 acting without consent or a licence 1 any person who uses an assisted reproductive technique without the consent of the person from whom the reproductive cells are obtained or of the couple being treated shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 the same penalty shall apply to any person who, acting without a licence or having obtained a licence by fraudulent means, uses assisted reproductive techniques or preserves or supplies reproductive cells, impregnated ova or embryos in vitro or arranges analyses of the genetic material of embryos in vitro.49 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 35 germ-line modifications 1 any person who genetically modifies a germline cell or an embryonic cell shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.502 the same penalty shall apply to any person who uses a genetically modified reproductive cell for impregnation or uses a similarly modified impregnated ovum for further development into an embryo.3 paragraph 1 does not apply if the modification of germline cells is an unavoidable concomitant effect of chemotherapy, radiotherapy or another medical treatment that a person is undergoing.50 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 36 cloning, chimera and hybrid formation 1 any person who creates a clone, a chimera or a hybrid shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.512 the same penalty shall apply to any person who transfers a chimera or a hybrid to a woman or to an animal.51 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 37 contraventions any person who wilfully:a.uses an assisted reproductive technique in a woman in contravention of article 3 paragraph 2 letter a and paragraph 3;b.52uses reproductive cells obtained from a person who is deceased, with the exception of the sperm cells of a deceased sperm donor;bbis 53uses impregnated ova or embryos in vitro obtained from a couple one of whom is deceased;c.uses donated ova, develops an embryo using donated ova and donated sperm cells, or transfers a donated embryo to a woman;d.uses assisted reproductive techniques in the absence of a permissible indication;e.54.f.preserves reproductive material in contravention of articles 15, 16 and 42;g.develops embryos in contravention of article 17 paragraph 1;h.donates sperm cells to several holders of licences under article 8 paragraph 1;i.uses donated sperm cells in contravention of article 22 paragraphs 1-3;j.incorrectly or incompletely records data required in accordance with article 24;shall be liable to a fine not exceeding 100,000 francs.5552 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).53 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).54 repealed by no i of the fa of 12 dec. 2014, with effect from 1 sept. 2017 (as 2017 3641; bbl 2013 5823).55 amended by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).art. 38 competent authority the prosecution and adjudication of offences under this act is the responsibility of the cantons.chapter 5 final provisions section 1 amendment of current legislation art. 39 .5656 the amendment may be consulted under as 2000 3055.section 2 transitional provisions art. 40 licensing 1 any person who requires a licence according to article 8 paragraph 1 must submit an application, together with the required documents, to the licensing authority within three months after the commencement of this act.2 any person who does not submit the application within the specified period must discontinue the activities concerned.art. 41 information 1 articles 18 and 24-27 also apply if sperm cells have been donated before, but are only used after, the commencement of this act.2 in all other cases, physicians who have used assisted reproductive techniques using donated reproductive cells must provide information, with the provisions of article 27 applying mutatis mutandis.art. 42 storage of embryos 1 any person who is storing embryos when this act commences must inform the licensing authority accordingly within three months. article 11 applies.2 .5757 amended by no i of the fa of 3 oct. 2003, in force until 31 dec. 2008 (as 2003 3681; bbl 2003 1163).art. 43 filiation article 23 also applies to children conceived before the commencement of this act by means of an assisted reproductive technique using donor sperm.art. 43a58 transitional provision to the amendment of 12 december 2014 the submission of reports and proposals in accordance with article 14a paragraph 4 shall take place for the first time five years after the amendment of 12 december 2014 comes into force.58 inserted by no i of the fa of 12 dec. 2014, in force since 1 sept. 2017 (as 2017 3641; bbl 2013 5823).section 3 referendum and commencement art. 44 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 20015959 federal council decree of 4 dec. 2000

810.112.2 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.reproductive medicine ordinance(rmo)of 4 december 2000 (status as of 1 january 2019)the swiss federal council,based on articles 14 and 25 paragraph 3 of the reproductive medicine act of 18 december 19981 (the act),ordains:1 sr 810.11chapter 1 licensing section 1 subject matter art. 12 a licence as specified in article 8 paragraph 1 of the act is required by any person who, as holder of a cantonal professional practising licence, independently or as a team leader:a.uses assisted reproductive techniques;b.receives reproductive cells, impregnated ova or embryos in vitro for preservation or arranges the supply of donated sperm cells without personally using assisted reproductive techniques.2 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).section 2 licence requirements art. 23 evidence of qualifications for the use of assisted reproductive techniques 1 any person who uses assisted reproductive techniques requires:the swiss obstetrics and gynaecology specialist title with the gynaecological endocrinology and reproductive medicine specialty or an equivalent recognised foreign specialist title; and the cantonal licence to practise as an independent professional.2 any person who limits the activity to insemination with sperm cells from a third party requires:the swiss obstetrics and gynaecology specialist title or an equivalent recognised foreign specialist title; andthe cantonal licence to practise as an independent professional.3 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).art. 34 evidence of qualifications to preserve and supply reproductive material any person who receives reproductive cells, impregnated ova or embryos in vitro for preservation or arranges the supply of donated sperm cells without personally using assisted reproductive techniques requires: a swiss or a recognised foreign medical specialist title; and the cantonal licence to practise as an independent professional.4 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).art. 45 reproductive medicine laboratory 1 any person who uses reproductive techniques requires a reproductive medicine laboratory that meets the following requirements:a.it is managed by a person who:1.has completed a university course of studies in accordance with the medical professions act of 23 june 20066 or a masters in the field of biology or chemistry from a tier-one university accredited under the higher education act of 30 september 20117 or a state-recognised or accredited foreign tier-one university;2.has received postgraduate training that the supervisory authority regards as suitable; and3.is familiar with the current state of the art as a result of receiving suitable continuing professional training.b.the staff have the required professional skills and qualifications.c.the laboratory operates a quality management system that is commensurate with the procedures offered and which is based on the standards specified in annex 2.2 the federal department of home affairs may update annex 2 in line with international or technical developments. in consultation with the federal department of economic affairs, education and research, it shall make updates that may have the effect of being technical barriers to trade.5 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).6 sr 811.117 sr 414.20art. 5 use of donated sperm cells 1 any person wishing to use assisted reproductive techniques using donated sperm cells must indicate in the application:a.how donors are to be recruited and informed about the legal situation (art. 18 para. 2 of the act); b.how health risks for the recipient are to be avoided.2 any person wishing to supply donated sperm cells must indicate:a.what charge will be made to defray expenses;b.how it will be ensured that data is duly recorded in accordance with article 24 of the act and article 17 of this ordinance.3 any changes are to be notified to the supervisory authority.art. 68 counselling and care 1 together with the application for a licence to use assisted reproductive techniques, plans must submitted for the provision of social psychological counselling and support, as specified in article 9 paragraph 2 letter c of the act.2 where it is planned to use reproductive techniques with an analysis of the genetic material of reproductive cells or embryos in vitro or with the selection of donor sperm cells to prevent the transmission of a serious illness, a proposal with regard to genetic counselling in accordance with article 6a of the act must be submitted.8 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).art. 7 information on scientific staff 1 the personal data and training certificates of scientific staff must be enclosed with the application for a licence.2 any changes are to be notified. the supervisory authority may provide for exceptions in the licence.section 3 licensing and supervision art. 8 responsibility 1 the body responsible for licensing and supervision shall be the department responsible for healthcare in the canton where the activity specified in article 8 paragraph 1 of the act is carried out.2 the cantons may designate another authority which has the necessary expertise.art. 9 licensing 1 the licence to use assisted reproductive techniques may be restricted to certain techniques.2 the licence may be granted for a limited term and subject to conditions.3 .99 repealed by no i of the o of 21 june 2017, with effect from 1 sept. 2017 (as 2017 3651).art. 1010 supervision 1 within a year of granting a licence, the supervisory authority shall arrange for an inspection to be carried out by an expert. thereafter, an inspection shall be carried out as often as necessary, but at least once every three years.2 the supervisory authority may consult an independent expert.3 persons charged with carrying out an inspection shall be granted access at all times to the premises and facilities used to perform the activities concerned.3 if the laboratory is accredited under the accreditation and designation ordinance of 17 june 199611, the supervisory authority may dispense with all or part of the review of the quality management system.4 the swiss accreditation service shall notify the supervisory authority within an appropriate period of accreditations that have been granted or renewed as well as of any that have been suspended or revoked.10 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).11 sr 946.512art. 11 and 1212 12 repealed by no i of the o of 21 june 2017, with effect from 1 sept. 2017 (as 2017 3651).art. 13 expiry the licence shall expire when the licensed activities are discontinued. discontinuation of activities is to be notified to the supervisory authority.art. 14 reporting 1 licence holders must submit an annual report on their activities, as specified in article 11 of the act, to the supervisory authority by no later than 1 may of the following year.2 the supervisory authority shall transmit the anonymised data to the federal statistical office by no later than 1 july of the year in question for evaluation and publication. the data must not include any indication of the centres of reproductive medicine.3 the federal statistical office shall provide the supervisory authorities with a form for standardised data collection. this may also be used for the annual report on activities referred to in paragraph 1.art. 14a13 evaluation the supervisory authority shall on request send the federal office of public health the data required for the evaluation in accordance with article 14a paragraph 2 letter c of the act together with the contact details for licence holders in accordance with article 8 paragraph 1 of the act.13 inserted by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).chapter 2 data on biological origins section 1 donor data register14 14 amended by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097). art. 1515 competent authority 1 the federal civil status office (federal office) shall keep a register for storing the sperm donor data specified in article 24 of the act (donor data register).2 the federal office shall issue processing regulations governing the establishment and management of the donor data register, and defining in particular the structure, procedures and access rights.15 amended by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).art. 15a16 online management 1 the donor data register is kept electronically.2 the transmitted data are stored in electronic form.3 the electronic system for the management of the register and for storing the data must meet the following requirements:a.the long-term existence and quality of the data are guaranteed.b.the data are secured in accordance with recognised standards and the current state of the art;c.the programming and the file format for the data are documented.16 inserted by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).art. 15b17 structure of the donor data register 1 the register contains a directory of the sperm donors.2 each sperm donor file contains the following information:a.the data transmitted by the attending doctor with the registration form for the sperm donor data (art. 16 para. 1);b.the results of the medical examinations (art. 16 para. 1);c.other donor data stored at the request of the sperm donor (art. 17).17 inserted by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).art. 1618 transmission of the data to the federal office 1 the data are transmitted by the attending doctor to the federal office in accordance with articles 24 and 25 of the act at the same time as the report of the sperm donor data; the form may be transmitted on paper (art. 16a) or electronically (art. 16b); the federal office issues the form.2 the other data may be transmitted at a time later than that specified in paragraph 1.3 the registration form for sperm donor data contains the following data:a.relating to the donor:1.name and first name, date of birth and place of birth, place of residence, place of origin or nationality, occupation and education,2.date of the sperm donation,3.results of the medical examinations,4.description of the physical appearance: stature, size, hair colour, eye colour, skin colour, special features;b.relating to the recipient of the sperm donation and her husband:1.name and first name, date of birth and place of birth, place of residence, place of origin or nationality,2.date of the insemination or the embryo transfer;c.relating to the child, if known by the attending doctor: name and first name, date of birth and place of birth, sex, place of residence; if details of the birth are not known: the probable date of birth;d.relating to the doctor who stored or arranged the sperm donation, where this doctor is not the attending doctor: name and address.18 amended by no i of the o of 31 oct. 2012, in force since 1 jan. 2012 (as 2012 6097).art. 16a19 transmission in paper form 1 if the form is completed by hand, it must be completed legibly in block capitals and signed.2 if the form is illegible, incomplete, not signed or defective in some other way, the federal office may return it to the doctor, giving notice that he or she will be in breach of the obligation under article 25 of the act to transmit the data if the noted defects are not rectified.3 data may be transmitted in accordance with article 24 of the act and article 17 of this ordinance by registered post or by private courier.19 inserted by no i of the o of 31 oct. 2012, in force since 1 jan. 2012 (as 2012 6097).art. 16b20 transmission in electronic form 1 the federal office may request doctors who wish to transmit the data electronically that they register with a recognised platform for the secure service in accordance with article 2 the ordinance of 18 june 201021 on electronic service in civil and criminal proceedings and debt enforcement and bankruptcy procedures.2 the doctors shall use the electronic form provided by the federal office on its website, on the secure service platform or by post.3 the form must bear a qualified electronic signature in accordance with article 2 of the federal act of 18 march 201622 on electronic signatures.234 a certified electronic signature is not required if identification of the sender and the integrity of the transmission is guaranteed in some other suitable way.5 the result of the medical examinations is transmitted to the federal office in pdf/a format.6 the doctors shall send documents that are not electronically transmitted by registered post or by private courier to the federal office.7 the electronic files shall be transmitted to the electronic postal address of the federal office and encrypted using its public key.8 registration with the secure service platform is deemed to be consent to the federal office serving documents electronically. consent may be revoked at any time.9 the principles relating to the detection and rectification of defects in forms transmitted on paper (art. 16a para. 2) apply mutatis mutandis.20 inserted by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).21 sr 272.122 sr 943.0323 amended by annex no ii 8 of the o of 23 nov. 2016 on electronic signatures, in force since 1 jan. 2017 (as 2016 4667).art. 17 storage of additional donor data at the request of the sperm donor, additional donor data, in particular photographs of the donor, shall be stored as well as the data specified in article 24 of the act.art. 1824 updating of stored data at the request of the treated couple, the data held in the donor data register shall be updated. the couple shall provide the information required for this purpose.24 amended by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).art. 1925 security of stored data 1 the federal office shall ensure that the data in the donor data register and the data in accordance with article 15b paragraph 2 are securely stored in accordance with the principles of data protection legislation. 2 in particular, it shall ensure protection against fire, water, theft and unauthorised processing of the data.25 amended by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).art. 19a26 electronic data carriers 1 the files transmitted in paper form shall be digitalised and stored in electronic form. following digitalisation, the paper copies shall be destroyed.2 the federal office may delegate these duties to an external agency, which undertakes in terms of a written agreement to record all the data electronically, treat it as confidential and guarantee its security. article 10a of the federal act of 19 june 199227 on data protection applies mutatis mutandis.3 the federal office shall confirm on request that the digitalised documents correspond to their originals in paper form 26 inserted by no i of the o of 31 oct. 2012, in force since 1 jan. 2013 (as 2012 6097).27 sr 235.1art. 2028 archiving and destruction of the data 1 on expiry of the retention period of 80 years (art. 26 of the act), the data in the donor data register and the data under article 15b paragraph 2 shall be offered to the federal archives for archiving.2 the data regarded by the federal archives as not worthy of archiving shall be destroyed.28 amended by no i of the o of 31 oct. 2012, in force since 1 jan. 2012 (as 2012 6097).section 2 procedure for disclosure of information art. 21 request for information 1 the child must submit to the federal office a written request for information in accordance with article 27 paragraph 1 or 2, specifying the mother's personal data.2 the child must provide evidence of his or her identity in the form of a copy of a passport, identity card or an equivalent identity document and demonstrate that the requirements specified in article 27 paragraph 1 or 2 of the act are met.293 if the child is evidently incapable of acting on his or her own behalf, the federal office may request him or her to enlist a representative.3029 amended by no i of the o of 14 nov. 2018, in force since 1 jan. 2019 (as 2018 4681).30 amended by no i of the o of 14 nov. 2018, in force since 1 jan. 2019 (as 2018 4681).art. 22 notification of the sperm donor 1 if the child fulfils the requirements specified in article 27 paragraph 1 or 2 of the act and requests information on the personal data of the sperm donor, the federal office shall ascertain the latter's current address. in doing so, the federal office shall as far as possible avoid indicating the purpose of the inquiry.2 federal, cantonal and communal authorities that can provide the relevant information are obliged to assist the federal office at its request.3 the federal office shall inform the sperm donor of the fact that his personal data are to be disclosed to the child. it shall grant him an appropriate period to express his wishes concerning personal contact with the child.art. 2331 provision of information to the child 1 if the requirements of article 27 paragraph 1 or 2 of the act are met, the child may choose whether to be provided information:a.by communication by post;b.by a doctor, a person trained in social psychology, or a specialist organisation of the child's choice.2 the personal details of the sperm donor shall be provided to the child in a written report.3 if the requirement in article 27 paragraph 1 of the act is not met, the office shall inform the child in writing that he or she is not yet entitled to be provided with information.4 if the requirement in article 27 paragraph 2 of the act is not met, the office shall inform the child in writing that he or she has no legitimate interest and, provided the requirement in article 27 paragraph 1 of the act is met, that he or she may choose how information is provided in accordance with paragraph 1.5 the office shall notify the child if the donor could not be found or could not be reliably identified, failed to answer or declined any personal contact.6 it shall advise the child with regard to the counselling options available.31 amended by no i of the o of 14 nov. 2018, in force since 1 jan. 2019 (as 2018 4681).art. 2432 32 repealed by no i of the o of 14 nov. 2018, with effect from 1 jan. 2019 (as 2018 4681).art. 25 data protection 1 in any contacts with the sperm donor or with the child, strict confidentiality shall be observed by the persons and authorities concerned.2 before any contacts with the sperm donor, his identity must be securely established.art. 26 charges the charges and expenses in the disclosure procedure shall be based on the ordinance of 27 october 199933 on civil status fees.33 sr 172.042.110chapter 3 final provisions art. 27 amendment of existing legislation .3434 the amendments may be consulted under as 2000 3068.art. 2835 transitional provisions to the amendment of 21 june 2017 1 licence holders under article 8 paragraph 1 letter a of the act who are already using reproductive techniques when the amendment of 21 june 2017 comes into force and who wish to continue with such activities must submit an application to the supervisory authority within three years containing proof that they meet the requirements under article 4 paragraph 1 hereof. they may continue their activities until the decision of the supervisory authority takes full effect.2 licence holders under article 8 paragraph 1 letter a of the act who are already using reproductive techniques with analyses of genetic material from reproductive cells when the amendment of 21 june 2017 comes into force and who wish to continue with such activities must submit an application to the supervisory authority within three years containing proof that they meet the requirements under article 9 paragraph 3 of the act and articles 4 paragraph 1 and 6 paragraph 2 hereof. they may continue their activities until the decision of the supervisory authority takes full effect.35 amended by no i of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).art. 29 commencement this ordinance comes into force on 1 january 2001.annex 136 annex 237 36 originally: annex. repealed by no ii of the o of 31 oct. 2012, with effect from 1 jan. 2013 (as 2012 6097).37 inserted by no ii of the o of 21 june 2017, in force since 1 sept. 2017 (as 2017 3651).(art. 4 para. 1 let. c)quality management system european standard iso/iec 17025:2005 (general requirements for the competence of testing and calibration laboratories) or iso 15189:2012 (medical laboratories - requirements for quality and competence)38.38 the standards may be inspected at the federal office of public health, schwarzenburgstrasse 157, 3003 bern, or obtained from the swiss association for standardisation, sulzerallee 70, 8404 winterthur; www.snv.ch.

810.12 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton human genetic testing(hgta)of 8 october 2004 (status as of 1 january 2014)the federal assembly of the swiss confederation, in accordance with article 98 paragraph 3, 110 paragraph 1, 113 paragraph 1, 117 paragraph 1, 119 paragraph 2 f, 122 paragraph 1 and 123 paragraph 1 of the federal constitution1, and having considered the dispatch of the federal council dated 11 september 20022,decrees:1 sr 1012 bbl 2002 7361 chapter 1: scope, purpose and definitions art. 1 scope 1 this act stipulates the conditions under which human genetic testing may be performed:a.in the medical context;b.in the context of employment;c.in the context of insurance;d.in the context of liability.2 it also regulates the creation of dna profiles for the purpose of determining the filiation or identity of an individual. the dna profiling act of 20 june 20033 applies to the use of dna profiles in criminal proceedings and for the purpose of identifying unknown or missing persons.3 this act does not apply to genetic testing performed for research purposes.43 sr 3634 amended by annex no 3 of the human research act of 30 sept. 2011, in force since 1 jan. 2014 (as 2013 3215; bbl 2009 8045).art. 2 purpose this act aims:a.to protect human dignity and personality;b.to prevent improper genetic testing and the improper use of genetic data;c.to ensure the quality of genetic tests and the way their results are interpreted.art. 3 definitions in this act:a.genetic test means cytogenetic and molecular genetic tests to determine hereditary characteristics of human genetic material or characteristics of human genetic material acquired during the embryonic phase, and all other laboratory tests whose immediate purpose is to provide such information about genetic material;b.cytogenetic tests means tests to determine the number and structure of chromosomes;c.molecular genetic tests means tests to determine the molecular structure of nucleic acids (dna and rna) and the immediate gene product;d.presymptomatic genetic tests means genetic tests whose purpose is to identify predisposition to disease before clinical symptoms emerge, with the exception of tests designed solely to determine the effect of a planned therapy;e.prenatal tests means prenatal genetic testing and prenatal risk assessment;f.prenatal genetic tests means genetic tests during pregnancy to determine characteristics of the genetic material of the embryo or foetus;g.prenatal risk assessment means laboratory tests which provide information about the risk of the embryo or foetus having a genetic anomaly, and investigations of the embryo or foetus using imaging techniques; h. testing for family planning purposes means genetic tests to determine a genetic risk for future offspring;i.screening means genetic tests offered systematically to the entire population or to certain groups of individuals in the population without there being a suspicion that the individual may have the characteristics being sought;j.genetic in vitro diagnostic medical devices means ready-to-use products for the determination of characteristics of human genetic material;k.dna profile means information specific to an individual which is obtained from the non-coding sequences of their dna using molecular genetic techniques;l.genetic data means information about the genetic material of a person that is obtained from a genetic test, including their dna profile;m.sample means biological material collected for a genetic test;n.person concerned means a person whose genetic material is tested or for whom a dna profile is created and from whom corresponding samples or genetic data exist; in the context of prenatal testing: the pregnant woman.chapter 2: general principles of genetic testing art. 4 non-discrimination no one may be discriminated against on grounds of his or her genetic material.art. 5 consent 1 genetic and prenatal testing, including screening, may not be performed unless the person concerned has been provided with adequate information about the testing and has given his or her voluntary consent. this shall not apply to exceptions stipulated in a federal law.2 if the person concerned is incapable of judgement, that person's legal representative shall provide consent on his or her behalf. in the medical context the limitations of article 10 paragraph 2 must be observed.3 consent may be withdrawn at any time.art. 6 right not to know every person has the right to refuse to receive information about his or her genetic status subject to article 18 paragraph 2.art. 7 protection of genetic data the processing of genetic data is subject to:a.professional secrecy as stipulated in articles 321 and 321a of the swiss criminal code5; andb.federal and cantonal data protection regulations. 5 sr 311.0art. 8 authorisation to perform genetic testing 1 any person who wishes to perform cytogenetic or molecular genetic tests requires authorisation from the competent federal authority.2 the federal council:a.nominates the competent federal authority;b.regulates the requirements and the procedure for granting the authorisation;c.defines the duties of the holder of the authorisation;d.regulates oversight and, in particular, makes provision for unannounced inspections;e.determines the fees.3 the federal council may, having consulted the expert commission for human genetic testing (art. 35):a.require authorisation to be obtained for other genetic tests or prenatal risk assessment if these have to fulfil the same requirements in terms of quality assurance and interpretation of their results as cytogenetic and molecular genetic tests;b.exempt from the requirement for authorisation genetic tests which do not need to fulfil any special requirements in terms of performance and interpretation of their results.4 dna profiles within the meaning of this act may only be created by laboratories recognised by the federal government. the federal council regulates the requirements and the procedure for recognising such laboratories and for oversight.art. 9 genetic in vitro diagnostic medical devices 1 it is forbidden to supply genetic in vitro diagnostic medical devices to individuals for a purpose which cannot be considered part of those individuals' professional or commercial activities.2 the federal council may, having consulted the expert commission for human genetic testing, make provision for exceptions to this prohibition provided the products are used under medical supervision and misinterpretation of the test result is not possible.chapter 3: genetic testing in a medical context art. 10 genetic testing of individuals 1 genetic tests may only be performed on individuals if they serve a medical purpose and the right to self-determination according to article 18 is ensured.2 a genetic test may only performed on a person incapable of judgement if the test is necessary to protect that person's health. exceptionally, a test of this kind is permissible if there is no other way of identifying a severe hereditary disorder in the family or a corresponding predisposition and the burden on the person concerned is minimal.art. 11 prenatal tests it is forbidden to perform prenatal tests whose purpose is:a.to determine characteristics of the embryo or foetus which do not directly impair its health; or b.to determine the sex of the embryo or foetus for a purpose other than diagnostic.art. 12 screening 1 screening may only be performed if the programme has been authorised by the competent federal authority.2 authorisation can be granted if:a.early treatment or prophylaxis is possible;b.the test method has been shown to produce reliable results; andc.appropriate genetic counselling is provided.3 before the competent federal authority issues the authorisation, it consults the expert commission for human genetic testing and, where necessary, the swiss national advisory commission on biomedical ethics.4 the federal council may make provision for further conditions. it designates the competent federal authority and regulates the procedure for issuing authorisations, oversight and fees.art. 13 right to prescribe genetic tests 1 genetic tests may only be prescribed by medical doctors who are authorised to practice their profession independently or under the supervision of such.2 presymptomatic and prenatal genetic tests and tests for the purpose of family planning may only be prescribed by doctors who have received appropriate post-graduate training or who, during their post-graduate training, work under the supervision of doctors who have received appropriate post-graduate training.3 the doctor who prescribes a genetic test under the terms of paragraph 2 ensures that the person concerned receives genetic counselling.art. 14 genetic counselling in general 1 presymptomatic and prenatal genetic tests and tests for the purpose of family planning must be preceded and followed by non-directive genetic counselling provided by a qualified person. the counselling session must be documented. 2 counselling must address only the individual and family situation of the person concerned; it must not take public interest into consideration. it must take into account the possible psychological and social impact of the test results on the person concerned and his or her family.3 the person concerned or, if he or she is not capable of judgement, his or her legal representative must be informed specifically of:a.the purpose, nature and significance of the test and of any complementary measures;b.any risks which may be associated with the test and the frequency and nature of the disorder being diagnosed;c.the possibility of an unexpected test result;d.the possible physical and psychological burden;e.third-party payment options for the cost of the test and of subsequent measures;f.support available in connection with the test result;g.the severity of the anomalies which may be detected and the possible therapeutic and prophylactic measures.4 a sufficient period of time for reflection must be allowed between the counselling session and the test.5 in screening testing the counselling must be adapted to the circumstances.art. 15 genetic counselling for prenatal genetic tests 1 the pregnant woman must be informed expressly about her right to self-determination both before and after a prenatal genetic test.2 the woman must be made aware if there is a high probability that the proposed test will not lead to any therapeutic or prophylactic options; she must also be informed of the opportunity to contact an information and counselling centre for prenatal testing.3 if a severe, incurable disorder is detected, the woman must also be informed about alternatives to termination of the pregnancy and made aware of the existence of associations of parents of disabled children and self-help groups.4 the woman's husband or partner should be involved in the genetic counselling if possible.art. 16 information in connection with prenatal risk assessment before a laboratory test which provides information about the risk of the embryo or foetus having a genetic anomaly, and before investigations of the embryo or foetus using imaging techniques, the pregnant woman must be informed of the following:a.the purpose and significance of the test;b.the possibility of unexpected test results;c.the possible complementary tests and interventions; andd.information and counselling centres as defined in article 17.art. 17 information and counselling centres for prenatal testing 1 the cantons shall ensure that there are independent information and counselling centres for prenatal testing, with personnel with the required competency.2 they may set up centres of this kind jointly or delegate their tasks to the recognised pregnancy advisory centres (federal act of 9 october 19816 on pregnancy advisory centres).3 the centres provide general information and counselling on prenatal testing and, if requested to do so, put clients in touch with associations of parents of disabled children or self-help groups. 6 sr 857.5art. 18 right to self-determination 1 having been provided with adequate information, the person concerned is free to decide:a.whether to undergo a genetic or prenatal test and, where appropriate, a subsequent test;b.whether to know the result of the test; andc.what conclusions he or she wishes to draw from the test result.2 the doctor must immediately inform the person concerned of the test result if there is an immediate physical danger to the person, to the embryo or to the foetus, which could be averted.3 consent for presymptomatic or prenatal genetic testing and for tests for the purpose of family planning must be obtained in writing, with the exception of screening tests.4 if the person concerned is incapable of judgement, his or her legal representative shall decide.art. 19 disclosure of genetic data 1 the doctor may disclose genetic test results only to the person concerned or, if he or she is incapable of judgement, to his or her legal representative.2 if the person concerned gives his or her express consent, the doctor may disclose the test result to the person's family members, spouse or partner.3 if consent is denied, the doctor may apply to the competent cantonal authority as stipulated in article 321 number 2 of the swiss criminal code7 to be released from his or her duty of professional secrecy, should the protection of the overriding interests of the family members, spouse or partner require that they receive this information. the authority may request an opinion from the expert commission for human genetic testing.7 sr 311.0art. 20 further use of biological material 1 a sample may only be used for further purposes to which the person concerned has consented.2 and 3 .88 repealed by annex no 3 of the human research act of 30 sept. 2011, with effect from 1 jan. 2014 (as 2013 3215; bbl 2009 8045).chapter 4: genetic testing in the context of employment art. 21 principle at hiring and during a professional relationship, the employer and his or her medical consultant may not:a.require presymptomatic genetic tests to be performed;b.require the results of prior presymptomatic genetic tests to be disclosed nor make use of such results;c.require genetic tests to be performed with the intention of detecting personal characteristics of the employee which do not relate to his or her health.art. 22 exceptions for presymptomatic genetic tests to prevent occupational diseases and accidents at hiring and during a professional relationship, the occupational health or designated doctor may prescribe a presymptomatic genetic test if the following conditions are met:a.suva has ruled that the post is subject to occupational health monitoring, or other federal regulations require the employee to undergo a medical examination to ascertain his or her suitability for the job because there is a danger of an occupational disease or severe environmental contamination occurring or there is a serious risk of accident or health hazards for third parties. b.workplace-related measures within the meaning of article 82 of the federal act of 20 march 19819 on accident insurance or other legal provisions are not sufficient to preclude these risks.c.available scientific knowledge has established a causal relationship between a specific genetic predisposition of the person carrying out the job and occupational disease, danger of environmental contamination or a risk of accident or health hazards to third parties.d.the expert commission for human genetic testing has confirmed the causal relationship and has deemed the type of test to be reliable in identifying the relevant genetic predisposition.e.the person concerned has given his or her written consent to the test.9 sr 832.20art. 23 performance of the test 1 the test can only address the genetic predisposition relevant to the particular post. attempting to acquire other genetic data is forbidden.2 genetic counselling as stipulated in article 14 must be provided before and after the test.3 the sample must be destroyed on completion of the test.art. 24 disclosure of the test result and assumption of the costs 1 the doctor transmits the result of the test to the person concerned. the employer is only informed whether the person concerned can or cannot be considered for the intended activity.2 if the occupational health examination is mandated by suva, this body pays for the test; in other cases the employer bears the costs.art. 25 regulatory intervention if the executive bodies designated by the employment act of 13 march 196410 or the federal act of 20 march 198111 on accident insurance observe violations of articles 21-24, they are bound by virtue of their office to intervene.10 sr 822.1111 sr 832.20chapter 5: genetic testing in the context of insurance art. 26 prohibition of testing insurance providers may not require either presymptomatic or prenatal genetic tests prior to providing insurance.art. 27 prohibition of further enquiries 1 insurance providers may neither require the disclosure of, nor utilize, results of prior presymptomatic or prenatal genetic tests or tests for family planning purposes, from applicants for the following:a.insurance which is subject either in part or as a whole to the terms of the federal act of 6 october 200012 on general aspects of social insurance law;b.mandatory occupational insurance or voluntary occupational insurance that goes beyond the scope of the mandatory insurance;c.insurance relating to the obligation to continue paying the individual's salary in case of illness or maternity;d.life insurance with an insured sum up to a maximum of chf 400,000;e.voluntary invalidity insurance with an annuity not exceeding chf 40,000.2 if an individual takes out several life or invalidity insurance policies, the maximum amount stipulated in para. 1 d or e is valid for the sum of the policies. the applicant must provide the insurance provider with the relevant information.12 sr 830.1art. 28 permissible further enquiries about results of prior presymptomatic genetic tests 1 before a private insurance policy not covered by article 27 is taken out, insurance providers may only require the applicant to disclose the results of prior presymptomatic genetic tests to the designated doctor if:a.the test in question provides reliable results both technically and in medical practice; andb.the scientific value of the test for the calculation of premiums has been demonstrated.2 the designated doctor may inform the insurance provider only of the risk group to which the applicant must be assigned.3 the designated doctor may only retain the results of the test if they are relevant for the conclusion of the contract.4 the test results must be used solely for the purpose for which they were obtained from the applicant.chapter 6: genetic testing in the context of liability art. 29 prohibition of presymptomatic genetic testing 1 performing presymptomatic genetic tests for the purpose of calculating claims or determining compensation is forbidden, except in cases involving a genetic anomaly acquired during the embryonic phase and for which compensation or restitution is being claimed.2 requesting or utilizing the results of prior presymptomatic or prenatal genetic tests or tests for family planning purposes, for the purpose of calculating claims or determining compensation, is forbidden.art. 30 detection of diseases genetic tests to diagnose a disease with the aim of calculating claims or determining compensation may only be performed with the written consent of the person concerned or by order of the court.chapter 7: dna profiling to determine filiation or identity art. 31 principle 1 when creating dna profiles to determine filiation or for identification purposes it is not permitted to seek information concerning health or other personal characteristics, with the exception of the sex of the person concerned.2 the sample must be taken by the laboratory which will perform the dna profiling or by a doctor mandated by the laboratory. the person concerned must provide proof of his or her identity.3 the samples may not be used for other purposes.art. 32 civil proceedings 1 in civil proceedings, dna profiling of parties or third parties may only be performed by order of the court or with the written consent of the person concerned.2 the laboratory must retain the samples obtained in the course of the proceedings. the court which ordered the test ensures that the samples are destroyed immediately after the implementation of the final judgment, unless a person concerned has requested in writing that his or her samples be retained for a further period.art. 33 administrative proceedings 1 if in administrative proceedings there are justified doubts about the filiation or the identity of a person which cannot be dispelled in any other way, the competent authority may make the granting of authorisation or benefits conditional to dna profiling.2 dna profiling may only be performed with the written consent of the persons concerned.3 the samples must be retained by the laboratory. the authority ensures that the samples are destroyed immediately after the implementation of the decision.art. 34 determination of origin outside administrative proceedings 1 outside the context of administrative proceedings, dna profiling to determine filiation may be performed only with the written consent of the persons concerned; a child incapable of judgement and whose filiation with a certain person must be determined, may not be represented by that person.2 the laboratory that performs the dna profiling must, before undertaking the test, inform the persons concerned in writing about the provisions of the civil code13 concerning the determination of filiation and draw their attention to the possible psychological and social impact of the test.3 the person concerned or, if he or she is incapable of judgement, his or her legal representative, shall decide whether his or her sample shall be retained or destroyed.4 prenatal dna profiling to establish paternity may not be prescribed by a doctor unless the pregnant woman has previously had a thorough discussion addressing in particular, her reasons for wanting to perform the test, the risks associated with obtaining the sample, the psychological, social and legal aspects associated with the pregnancy, any subsequent measures that may be taken following the result and the possibility of obtaining support. the counselling session must be documented.13 sr 210chapter 8: expert commission for human genetic testing art. 35 1 the federal council shall appoint an expert commission for human genetic testing.2 the expert commission shall have the following tasks in particular:a.to develop standards for the quality control of genetic tests with respect to the granting of authorisations (art. 8 para. 2) and to submit recommendations to the federal council on whether certain genetic tests should be exempted from or subjected to the requirement for authorisation (article 8 para. 3);b.at the request of the competent federal authority, to comment on requests for authorisation and to participate in inspections (art. 8 para. 1 and 2);c.to make recommendations on whether certain genetic in vitro diagnostic medical devices should be exempted from the prohibition stipulated in article 9 paragraph 1;d.to advise on screening programmes (art. 12);e.where necessary, to make recommendations on post-graduate training as stipulated in article 13 paragraph 2; f.to make recommendations on genetic counselling (art. 14 and 15) and information relating to prenatal risk assessment (art. 16);g.to advise, on request from the competent cantonal authority, on applications for release from the duty of professional secrecy (art. 19 para. 3);h.to provide confirmations as stipulated in article 22 letter d;i.to make recommendations on dna profiling;j.to follow the scientific and practical development of genetic testing, to make recommendations and to highlight gaps in the legislation in this field.3 the commission shall fulfil its tasks independently.chapter 9: criminal provisions art. 36 genetic tests performed without consent any person who wilfully prescribes or performs a genetic test without obtaining the consent of the person being tested, as required by this act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1414 amended by art. 333 of the swiss criminal code (sr 311.0) in its version in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).art. 37 genetic testing without authorisation any person who wilfully performs a genetic test on a third party without the authorisation stipulated in article 8 shall be liable to a fine.1515 amended by art. 333 of the swiss criminal code (sr 311.0) in its version in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).art. 38 supply of genetic in vitro diagnostic medical devices 1 any person who, in contravention of article 9 paragraph 1, wilfully supplies genetic in vitro diagnostic medical devices to individuals for a purpose which cannot be considered part of those individuals' professional or commercial activities shall be liable to a fine. 162 if the act is committed for commercial gain, the penalty shall be a custodial sentence not exceeding three years or to a monetary penalty.1716 amended by art. 333 of the swiss criminal code (sr 311.0) in its version in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).17 amended by art. 333 of the swiss criminal code (sr 311.0) in its version in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).art. 39 abuse in the context of employment any person who, in contravention of article 21 and in the context of employment, wilfully:a.requires a presymptomatic genetic test or a genetic test to determine personal characteristics which are not related to health; orb.requires the results of prior presymptomatic genetic tests to be disclosed or asks about them during an employment-related medical examination or makes use of such results.shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1818 amended by art. 333 of the swiss criminal code (sr 311.0) in its version in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).art. 40 abuse in the context of insurance any person who, in the context of insurance, wilfully:a.in contravention of article 26, requires presymptomatic or prenatal genetic tests to be performed; orb.in contravention of article 27, requires the disclosure of the results of prior presymptomatic or prenatal genetic tests or tests for family planning purposes, or asks about these in the context of a medical risk assessment, or makes use of such results.shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 1919 amended by art. 333 of the swiss criminal code (sr 311.0) in its version in the federal act of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459).art. 41 competent authority and administrative criminal law 1 the cantons shall be responsible for the prosecution and assessment of criminal acts under the terms of this act.2 articles 6 and 7 (offences committed within a company) and 15 (forgery, obtaining a false certificate by fraud) of the federal act of 22 march 197420 on administrative criminal law apply.20 sr 313.0chapter 10: final provisions art. 42 authorisation to perform genetic testing 1 any person who requires an authorisation as stipulated in article 8 must submit the request to the competent federal authority within three months of this act coming into force.2 any person who does not submit the request within the deadline must cease his or her activity.art. 43 screening screening programmes which have already been implemented by the time this act comes into force do not require authorisation.art. 44 referendum and commencement 1 this act is subject to optional referendum.2 the federal council shall determine its commencement date.commencement date: 1 april 20072121 federal council decree of 14 february 2007 (as 2007 649)

810.30 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton research involving human beings(human research act, hra)of 30 september 2011 (status as of 26 may 2021)the federal assembly of the swiss confederation,on the basis of article 118b paragraph 1 of the federal constitution1,and having considered the dispatch of the federal council dated 21 october 20092,decrees:1 sr 1012 bbl 2009 8045chapter 1 general provisions section 1 purpose, scope and definitions art. 1 purpose 1 the purpose of this act is to protect the dignity, privacy and health of human beings involved in research.2 it is also designed to:a. create favourable conditions for research involving human beings;b. help to ensure the quality of research involving human beings;c. ensure the transparency of research involving human beings.art. 2 scope 1 this act applies to research concerning human diseases and concerning the structure and function of the human body, which involves:a. persons;b. deceased persons;c. embryos and foetuses;d. biological material;e. health-related personal data.2 it does not apply to research which involves:a. ivf embryos in accordance with the stem cell research act of 19 december 20033;b. anonymised biological material;c. anonymously collected or anonymised health-related data.3 sr 810.31art. 3 definitions in this act:a. research means method-driven search for generalisable knowledge;b. research concerning diseases means research on the causes, prevention, diagnosis, treatment and epidemiology of impairments of physical and mental health in human beings;c. research concerning the structure and function of the human body means basic research, in particular on human anatomy, physiology and genetics, and non-disease-related research concerning interventions and impacts on the human body;d. research project with an expected direct benefit means a research project whose results can be expected to improve the health of the participants;e. biological material means bodily substances derived from living persons;f. health-related personal data means information concerning the health or disease of a specific or identifiable person, including genetic data;g. genetic data means information on a person's genes, obtained by genetic testing;h. coded biological material and coded health-related personal data means biological material and data linked to a specific person via a code;i. anonymised biological material and anonymised health-related data means biological material and health-related data which cannot (without disproportionate effort) be traced to a specific person;j. child means a legal minor under 14 years of age;k. adolescent means a legal minor aged 14 years or more;l.4 .4 repealed by annex of the fa of 22 march 2019, with effect from 26 may 2021 (as 2020 2961; bbl 2019 1).section 2 principles art. 4 primacy of individual interests the interests, health and welfare of the individual human being shall prevail over the interests of science and society.art. 5 scientifically relevant topic research involving human beings may only be carried out if it addresses a topic of scientific relevance concerning:the understanding of human diseases;the structure and function of the human body; orpublic health.art. 6 non-discrimination 1 nobody is to be subjected to discrimination in connection with research.2 with regard to the selection of participants in particular, no group of persons shall be disproportionately included in or excluded from research without good reason.art. 7 consent 1 research involving human beings may only be carried out if, in accordance with the provisions of this act, the persons concerned have given their informed consent or, after being duly informed, have not exercised their right to dissent.2 the persons concerned may withhold or revoke their consent at any time, without stating their reasons.art. 8 right to receive information 1 the persons concerned are entitled to be informed of results relating to their health. the information is to be communicated in an appropriate manner. the persons concerned may choose to forgo such information.2 they are entitled to be informed about all the personal data held in relation to them.art. 95 prohibition of commercialisation 1 it is prohibited to offer, grant, demand or accept payment or any other non-cash advantage in exchange for the human body or parts thereof as such.2 it is also prohibited to use the human body or parts thereof if they have been subject to a prohibited act as specified in paragraph 1.5 amended by annex no 2 of the fd of 19 june 2020 on the approval of the council of europe convention against trafficking in human organs and on its implementation, in force since 1 feb. 2021 (as 2020 6567; bbl 2019 5971).art. 10 scientific requirements 1 research involving human beings may only be carried out if:a. the recognised regulations concerning scientific integrity are complied with, in particular with regard to the handling of conflicts of interest;b. scientific quality requirements are met;c. the recognised international good practice guidelines for research involving human beings are complied with; andd. the persons responsible have appropriate professional qualifications.2 the federal council shall specify which national and international regulations must be complied with.chapter 2 general requirements for research involving persons section 1 protection of participants art. 11 subsidiarity 1 a research project involving persons may only be carried out if equivalent findings cannot be obtained by other means.2 a research project involving particularly vulnerable persons may only be carried out if equivalent findings cannot be obtained by other means.art. 12 risks and burdens 1 in every research project, the risks and burdens for the participants must be minimised as far as possible.2 the likely risks and burdens for the participants must not be disproportionate to the expected benefits of the research project.art. 13 placebo in research projects with an expected direct benefit, the use of a placebo or nontreatment is only permissible if no additional risk of serious or irreversible harm is to be expected for the persons concerned and:no standard treatment is available; orthe use of a placebo is required for compelling, scientifically sound methodological reasons, in order to establish the efficacy or safety of a treatment method.art. 14 non-remunerative participation 1 no person may receive payment or any other non-cash advantage for participation in a research project with an expected direct benefit. participation in a research project with no expected direct benefit may be appropriately remunerated.2 no person may demand or accept payment or any other non-cash advantage from another in return for the latter's participation in a research project.art. 15 safety and protective measures 1 anyone who conducts a research project must, before it begins, take all the measures required to protect the participants.2 if, during the research project, circumstances arise which could jeopardise the safety or health of the participants or lead to a disproportionate relationship between the risks and burdens and the benefits, all the measures required to ensure protection are to be taken without delay.section 2 information and consent art. 16 informed consent 1 persons may only be involved in a research project if they have given their informed consent. consent must be given in writing; the federal council may specify exemptions.2 the persons concerned must receive comprehensible oral and written information on:a. the nature, purpose and duration of, and procedure for, the research project;b. the foreseeable risks and burdens;c. the expected benefits of the research project, in particular for themselves or for other people;d. the measures taken to protect the personal data collected;e. their rights.3 before a decision on consent is made by the persons concerned, they must be allowed an appropriate period for reflection.4 the federal council may specify further elements of the information to be provided.art. 17 consent to further use for research if the intention exists to make further use for research of biological material sampled or health-related personal data collected, the consent of the persons concerned must be obtained at the time of such sampling or collection, or they must be informed of their right to dissent.art. 18 incomplete information 1 in exceptional cases, the persons concerned may be given incomplete information regarding individual aspects of a research project before it begins:a. insofar as this is essential for methodological reasons; andb. if the research project entails no more than minimal risks and burdens.2 the participants must subsequently be duly informed as soon as possible.3 once they have been informed in accordance with paragraph 2, they may give or withhold their consent to the use of their biological material or their data. only when such consent has been given is the biological material or data to be used for the research project.section 3 liability and coverage art. 19 liability 1 any person who carries out a research project involving persons shall be liable for damage suffered by them in connection with the project. the federal council may specify exemptions from liability.2 compensation claims prescribe in accordance with article 60 of the swiss code of obligations.6 the federal council may specify a longer prescriptive period for particular research areas.7 3 the provisions of the code of obligations on tort are otherwise applicable; in the exercise of official duties, the government liability act of 14 march 19588, or cantonal government liability law, is applicable.6 sr 2207 amended by annex no 17 of the fa of 15 june 2018 (revision of the law on prescription), in force since 1 jan. 2020 (as 2018 5343; bbl 2014 235).8 sr 170.32art. 20 coverage 1 liability must be appropriately covered through insurance or in some other manner. the federal government and its public-law institutions and corporations are exempt from the liability coverage requirements.2 the federal council may:a. specify requirements for insurance and other forms of coverage;b. exempt research areas or classes of damage from the liability coverage requirements.3 for the protection of the injured party, it may:a. grant this party a direct claim against the party providing liability coverage;b. restrict the cancellation rights and objections of the party providing liability coverage, while granting appropriate rights of recourse.chapter 3 additional requirements for research involving particularly vulnerable persons section 1 research involving children, adolescents and adults lacking capacity art. 21 involvement of persons lacking capacity in the consent procedure 1 children, adolescents and adults lacking capacity must be involved as far as possible in the consent procedure.2 increasing weight must be accorded to the views of children and adolescents lacking capacity the older and more mature they are.art. 22 research projects involving children 1 a research project with an expected direct benefit may only be carried out in children who are capable of judgement if:a. the child has given informed consent; andb. the legal representative has given informed consent in writing.2 a research project with no expected direct benefit may only be carried out in children who are capable of judgement if, in addition to paragraph 1:a. it entails no more than minimal risks and burdens; andb. it can be expected to yield substantial findings which could in the long term be beneficial for persons with the same disease or disorder, or in the same situation.3 a research project with an expected direct benefit may only be carried out in children who lack capacity if:a. the legal representative has given informed consent in writing; andb. the child does not visibly express opposition to the research intervention either verbally or by his or her behaviour.4 a research project with no expected direct benefit may only be carried out in children who lack capacity if the requirements specified in paragraphs 2 and 3 are met.art. 23 research projects involving adolescents 1 a research project with or without an expected direct benefit may only be carried out in adolescents who are capable of judgement if:a. the adolescent has given informed consent in writing; andb. the legal representative has given informed consent in writing if the research project entails more than minimal risks and burdens.2 a research project with an expected direct benefit may only be carried out in adolescents who lack capacity if:a. the legal representative has given informed consent in writing; andb. the adolescent does not visibly express opposition to the research intervention either verbally or by his or her behaviour.3 a research project with no expected direct benefit may only be carried out in adolescents who lack capacity if, in addition to the requirements specified in paragraph 2:a. it entails no more than minimal risks and burdens; andb. it can be expected to yield substantial findings which could in the long term be beneficial for persons with the same disease or disorder, or in the same situation.art. 24 research projects involving adults lacking capacity 1 a research project with an expected direct benefit may only be carried out in adults who lack capacity if:a. this is permitted by the consent of the person concerned, granted while in a state of capacity and duly documented;b. informed consent has been given in writing by the legal representative, a designated trusted person or the next of kin, if no documented consent is available; andc. the person concerned does not visibly express opposition to the research intervention either verbally or by his or her behaviour.2 a research project with no expected direct benefit may only to be carried out in adults who lack capacity if, in addition to the requirements specified in paragraph 1:a. it entails no more than minimal risks and burdens; andb. it can be expected to yield substantial findings which could in the long term be beneficial for persons with the same disease or disorder, or in the same situation.section 2 research involving pregnant women and embryos and foetuses in vivo art. 25 prohibited research projects research projects designed to modify properties of an embryo or foetus for nondisease-related reasons are prohibited.art. 26 research projects involving pregnant women and embryos and foetuses in vivo 1 a research project with an expected direct benefit for a pregnant woman or for an embryo or foetus may only be carried out if the foreseeable risks and burdens, both for the pregnant woman and for the embryo or foetus, are not disproportionate to the expected benefits.2 a research project with no expected direct benefit for the pregnant woman or for the embryo or foetus may only be carried out if:a. it entails no more than minimal risks and burdens for the embryo or foetus; andb. it can be expected to yield substantial findings which could in the long term be beneficial for pregnant women or for embryos or foetuses.art. 27 research projects concerning methods of induced abortion 1 a pregnant woman may only be asked whether she wishes to participate in a research project concerning methods of induced abortion after she has decided to undergo an abortion.2 article 26 does not apply.section 3 research involving prisoners art. 28 research projects involving prisoners 1 for research projects with an expected direct benefit which involve prisoners, the general requirements for research involving persons apply; however, article 11 paragraph 2 does not apply.2 a research project with no expected direct benefit which involves prisoners may only be carried out if it entails no more than minimal risks and burdens.art. 29 prohibition of a relaxation of conditions participation in a research project must not be associated with relaxing the conditions of imprisonment.section 4 research in emergency situations art. 30 research projects in emergency situations 1 a research project with an expected direct benefit may be carried out in emergency situations if:a. the necessary measures have been taken so that the wishes of the person concerned can be determined as soon as possible;b. the person concerned does not visibly express opposition to the research intervention through either verbally or by his or her behaviour; andc. a physician who is not participating in the research project is called in to safeguard the interests of the person concerned before he or she is involved in the project; in exceptional cases, where there are good reasons for doing so, the physician may be called in at a later stage.2 a research project with no expected direct benefit may be carried out in emergency situations if, in addition to the requirements specified in paragraph 1:a. it entails no more than minimal risks and burdens; andb. it can be expected to yield substantial findings which could in the long term be beneficial for persons with the same disease or disorder, or in the same situation.art. 31 post hoc or proxy consent 1 the person concerned must be duly informed about the research project as soon as this becomes possible. he or she may subsequently give or withhold consent.2 if the person concerned refuses to give post hoc consent, the biological material and data may no longer be used for the research project.3 the federal council shall specify the procedure for the procurement of post hoc or proxy consent, in particular with regard to the involvement of children, adolescents and adults lacking capacity.chapter 4 further use of biological material and health-related personal data for research art. 32 further use of biological material and genetic data 1 further use may be made of biological material and genetic data in uncoded form for a research project if informed consent has been given by the person concerned, or by the legal representative or next of kin. for consent, articles 16 and 22-24 apply mutatis mutandis.2 further use may be made of biological material and genetic data in coded form for research purposes if informed consent has been given by the person concerned, or by the legal representative or next of kin. for consent, articles 16 and 22-24 apply mutatis mutandis.3 biological material and genetic data may be anonymised for research purposes if the person concerned or the legal representative or next of kin have been informed in advance and have not dissented to anonymisation. for dissent, articles 22-24 apply mutatis mutandis.art. 33 further use of non-genetic health-related personal data 1 further use may be made of non-genetic health-related personal data in uncoded form for research purposes if informed consent has been given by the person concerned, or by the legal representative or next of kin. for consent, articles 16 and 22-24 apply mutatis mutandis.2 further use may be made of non-genetic health-related personal data in coded form for research purposes if the person concerned or the legal representative or next of kin have been informed in advance and have not dissented. for dissent, articles 22-24 apply mutatis mutandis.art. 34 absence of informed consent if the requirements for informed consent specified in articles 32 and 33 are not met, further use may be made of biological material or health-related personal data for research purposes in exceptional cases if:a. it is impossible or disproportionately difficult to obtain consent or to provide information on the right to dissent, or this would impose an undue burden on the person concerned;b. no documented refusal is available; andc. the interests of research outweigh the interests of the person concerned in deciding on the further use of his or her biological material and data.art. 35 anonymisation and coding the federal council shall specify the requirements for correct and secure anonymisation and coding and also the conditions for breaking the code.chapter 5 research involving deceased persons art. 36 consent 1 research may be carried out in deceased persons if, before their death, the persons concerned consented to the use of their body for research purposes.2 if no documented consent or refusal of the deceased person is available, the body or parts thereof may be used for research purposes if consent is given by the next of kin or by a trusted person designated during the lifetime of the deceased person.3 the consent of the next of kin or the trusted person is governed by article 8 of the transplantation act of 8 october 20049.4 in the case of deceased persons whose death occurred more than 70 years previously, research may be carried out without consent being given as specified in paragraph 2. if such research is opposed by the next of kin, it may not be carried out.9 sr 810.21art. 37 additional requirements 1 a research project may be carried out in deceased persons when their death has been determined.2 a research project may be carried out in deceased persons undergoing artificial respiration if, in addition to the requirement specified in paragraph 1, equivalent findings cannot be obtained with deceased persons not undergoing artificial respiration. the federal council may specify further conditions.3 anyone who carries out a research project in accordance with paragraph 2 must not have been involved in the determination of death or be authorised to issue instructions to the persons involved in this procedure.art. 38 research in connection with an autopsy or transplantation small quantities of bodily substances removed in the course of an autopsy or transplantation may be anonymised for research purposes without consent, in the absence of a documented refusal of the deceased person.chapter 6 research involving embryos and foetuses from induced abortions and from spontaneous abortions including stillbirths art. 39 requirements for research in embryos and foetuses from induced abortions 1 a pregnant woman may only be asked whether she wishes to make her embryo or foetus available for research purposes after she has decided to undergo an abortion. for consent, articles 16 and 22-24 apply mutatis mutandis.2 the time and method of induced abortion must be chosen without regard to the research project.3 embryos and foetuses from induced abortions may be used for a research project when death has been determined.4 anyone who carries out a research project in accordance with paragraph 3 must not be involved in the abortion or be authorised to issue instructions to the persons involved in this procedure.art. 40 requirements for research in embryos and foetuses from spontaneous abortions including stillbirths 1 embryos and foetuses from spontaneous abortions including stillbirths may only be used for research purposes with the consent of the couple concerned. for consent, article 16 applies mutatis mutandis.2 embryos and foetuses from spontaneous abortions may be used for a research project when death has been determined.chapter 7 transfer, export and storage art. 41 transfer for purposes other than research biological material or health-related personal data which has been sampled or collected or of which further use has been made for research purposes may only be passed on for purposes other than research if:a. a legal basis exists for such a transfer; orb. in the particular case, informed consent to the transfer has been given by the person concerned.art. 42 export 1 biological material or genetic data may be exported for research purposes if informed consent has been given by the person concerned. for consent, articles 16 and 22-24 and 32 apply mutatis mutandis.2 non-genetic health-related personal data may be disclosed abroad for research purposes if the requirements specified in article 6 of the federal act of 19 june 199210 on data protection are met.10 sr 235.1art. 43 storage 1 anyone who stores biological material or health-related personal data for research purposes must take appropriate technical and organisational measures to prevent unauthorised use thereof, and fulfil the operational and professional requirements.2 the federal council shall specify the requirements for storage.art. 44 deceased persons, embryos and foetuses including stillbirths articles 41-43 apply mutatis mutandis to deceased persons, to embryos and foetuses including stillbirths and parts thereof, and to data collected in this connection.chapter 8 authorisation, notifications and procedure art. 45 mandatory authorisation 1 authorisation from the responsible ethics committee is required for:a. conducting a research project; orb. making further use of biological material or health-related personal data for research purposes in cases where consent has not been obtained or information on the right to dissent has not been provided (art. 34).2 authorisation is granted if the ethical, legal and scientific requirements of this act are met. the decision must be available within two months of submission of the application. the federal council may:a. specify shorter, risk-adapted maximum limits for processing periods;b. adjust the processing periods, if this is required by recognised international regulations.113 the federal council may make changes to research projects subject to authorisation. in doing so, it shall have regard to recognised international regulations.11 amended by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).art. 46 notification and information requirements 1 the federal council may specify notification or information requirements, in particular with regard to:a. the completion or discontinuation of a research project;b. adverse events observed in connection with a research project;c. the occurrence of circumstances during the conduct of a research project which could affect the safety or health of the participants.2 in doing so, it shall have regard to recognised international regulations.art. 47 responsible ethics committee 1 the responsible ethics committee is that of the canton in whose territory the research is conducted.2 if a research project is carried out according to a standard protocol, but in different cantons (multicentre research project), authorisation is required from the ethics committee which is responsible at the site of activity of the project coordinator (the lead committee).3 in order to assess whether the professional and operational requirements are fulfilled in other cantons, the lead committee shall seek the opinion of the ethics committees concerned. it shall be bound by their opinion.4 paragraphs 2 and 3 apply mutatis mutandis to authorisation for the use in accordance with article 34 of biological material and health-related personal data of which further use is made or which are collected according to a standard protocol, but in different cantons.art. 48 official measures 1 if the safety or health of the persons concerned is at risk, the ethics committee may revoke or suspend its authorisation or make the continuation of the research project subject to additional conditions.2 the ethics committee may request information or documentation from the holder of the authorisation. this must be provided or made available free of charge.3 the competent federal and cantonal authorities retain the right to take measures.4 the authorities and ethics committees shall keep each other informed and coordinate their measures.art. 49 procedure 1 the documents for the authorisation and notification procedures, and for reporting and supervision, shall be submitted to the cantonal information system referred to in article 56a.121bis the federal council shall specify requirements for the procedure so as to ensure consistent enforcement and the implementation of national and international regulations. it may stipulate that the submission of applications, correspondence and the publication of decisions must be effected electronically.132 in particular for research projects involving biological material and genetic data in accordance with article 32, or non-genetic health-related personal data in accordance with article 33, it may specify less stringent procedural requirements.3 cantonal procedural law otherwise applies.12 amended by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).13 inserted by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).art. 50 right of appeal 1 the procedure for appeals against ethics committee decisions is governed by cantonal procedural law and the general provisions concerning the administration of federal justice.2 the appealing party may not file an appeal based on substantive inappropriateness.chapter 9 research ethics committees art. 51 duties 1 within the framework of their responsibilities under chapter 8, ethics committees shall assess whether research projects and the conduct thereof comply with the ethical, legal and scientific requirements of this act. in particular, they shall assess whether the protection of the persons concerned is guaranteed.2 they may advise researchers in particular on ethical questions and, if so requested by the researchers, comment on research projects not subject to this act, and specifically projects carried out abroad.art. 52 independence 1 ethics committees shall exercise their duties in a professionally independent manner, without being subject to instructions from the supervisory authority in this regard.2 the members of ethics committees shall disclose their interests. each ethics committee shall maintain a publicly accessible register of interests.3 members who are interested parties shall not participate in the assessment and decision procedures.art. 53 composition 1 ethics committees must be composed in such a way that they have the professional skills and experience required to discharge their duties. the members must include:a. experts in various disciplines, in particular medicine, ethics and law; andb. at least one person representing patients.142 ethics committees may call in external specialists to serve as experts.3 the federal council shall enact additional regulations concerning the composition of ethics committees and the requirements to be fulfilled by their members. in doing so, it shall have regard to recognised international regulations.14 amended by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).art. 54 organisation and financing 1 each canton shall designate the ethics committee responsible for its territory and appoint the members thereof. it shall oversee the activities of the ethics committee.2 each canton has at most one ethics committee. several cantons may appoint a joint ethics committee or agree that one canton's ethics committee is also to be responsible for other cantons.3 the federal council may issue guidelines concerning the minimum number of research projects to be assessed by an ethics committee per year. it shall first consult the cantons.4 each ethics committee shall have a scientific secretariat. details of the organisation and working methods are to be publicly accessible in by-laws.5 the canton shall assure the financing of the ethics committee. it may make provision for the charging of fees.art. 55 coordination and information 1 the federal office of public health (foph) is responsible for coordination between ethics committees and with other supervisory authorities. it may delegate this responsibility to third parties.2 ethics committees shall report annually to the foph on their activities, in particular on the type and number of research projects assessed and on the processing periods.3 the foph shall publish a list of ethics committees and inform the public regularly about their activities.4 in consultation with the ethics committees and other supervisory authorities concerned, it may issue recommendations for appropriate harmonisation of procedures and of assessment practice.chapter 10 transparency and data protection art. 56 registration 1 authorised clinical trials must be recorded in a public registry. the federal council shall define the clinical trials in more detail and may specify exemptions from mandatory registration; in doing so, it shall be guided by recognised international regulations.152 it shall designate the registry, provide information on access thereto and specify the content of registration, as well as notification requirements and the notification procedure. in doing so, it shall have regard to recognised international regulations and if possible take existing registries into consideration.3 it may:a. entrust public- or private-law organisations with the establishment and management of the registry;b.16 specify that the results of registered research projects must be published on a recognised platform.15 second sentence amended by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).16 amended by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).art. 56a17 cantonal information system 1 the cantons shall operate a shared information system for the conduct of authorisation and notification procedures, the transmission of reports and the supervision of research projects.2 the system shall contain data, including personal data on administrative or criminal proceedings and sanctions or on health, which is necessary for the conduct of authorisation and notification procedures and for reporting and supervision in accordance with this act.3 the cantons shall ensure that the information system is compatible with the medical devices information system of the swiss agency for therapeutic products and with the european database on medical devices (eudamed).4 the federal council may specify that:a. the data referred to in paragraph 2 concerning clinical trials with medical devices is to be automatically aligned with the medical devices information system of the swiss agency for therapeutic products or with eudamed;b. any data referred to in paragraph 2 which is not sensitive is to be published with due protection of professional confidentiality and trade secrets.17 inserted by annex of the fa of 22 march 2019, in force since 26 may 2021 (as 2020 2961; bbl 2019 1).art. 57 duty of confidentiality persons responsible for the enforcement of this act have a duty to maintain confidentiality.art. 58 processing of personal data in discharging their duties, ethics committees and the other enforcement bodies are entitled to process personal data. sensitive personal data may be processed, insofar as this is necessary.art. 59 disclosure of data 1 where no conflicting private interest of overriding importance exists, data may be disclosed to:a. the federal and cantonal agencies responsible for enforcement of this act, and to public- or private-law organisations and persons if they require the data to fulfil the duties assigned to them under this act;b. criminal investigation authorities if the data is required to prosecute or prevent a felony or an offence under this act.2 where no conflicting private interest of overriding importance exists, data may, in individual cases, following a written request, be disclosed to:a. civil courts if the data is required to judge a court case;b. criminal courts and criminal investigation authorities if the data is required to investigate a felony or misdemeanour.3 data which is of general interest and relates to the application of this act may be published. the data subjects must not be identifiable.4 in other cases, data may be disclosed to third parties as follows:a. data not relating to specific persons, provided that there is an overriding interest in this data being made available;b. personal data, provided that the data subject has given written consent in each case.5 only the data which is required for the purpose in question may be disclosed.6 the federal council shall regulate the details of the disclosure of data and the notification of the persons concerned.art. 60 transmission of data to foreign authorities and international organisations 1 confidential data may only be transmitted to foreign authorities and institutions or to international organisations if:a. this is required by agreements under international law or resolutions passed by international organisations;b. this is necessary to avert an imminent danger to life or health; orc. this would enable serious offences under this act to be exposed.2 the federal council shall regulate responsibilities and the procedures for exchanging data with foreign authorities and institutions and with international organisations.art. 61 evaluation 1 the foph is responsible for assessing the effectiveness of this act.2 the federal department of home affairs shall report to the federal council on the results of the evaluation and submit proposals for further action.chapter 11 criminal provisions art. 62 misdemeanours 1 unless a more serious offence has been committed under the criminal code18, any person who wilfully:a. conducts a research project without the authorisation of an ethics committee or deviating from an authorised protocol (art. 45) and thereby endangers the health of the participants;b. conducts a research project as defined in chapter 2, 3, 5 or 6 without obtaining the consent required under this act (arts. 16, 17, 18 para. 3, art. 22 paras. 1, 3 let. a and 4, arts. 23, 24, 26, 28, 30, 36 paras. 1 and 2, 39 para. 1, 40);c.19 offers, grants, demands or accepts payment or any other non-cash advantage in exchange for the human body or parts thereof as such;cbis.20 uses the human body or parts thereof if they have been subject to a prohibited act as specified in letter c;d. conducts a research project designed to modify properties of the embryo or foetus for non-disease-related reasons (art. 25);e. uses embryos or foetuses from induced or spontaneous abortions for a research project before death has been determined (art. 39 para. 3, art. 40 para. 2)shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 if the act is committed for commercial gain, the penalty shall be a custodial sentence not exceeding three years; this shall be combined with a monetary penalty.3 if the act is committed through negligence, the penalty shall be a monetary penalty not exceeding 180 daily penalty units.18 sr 311.019 amended by annex no 2 of the fd of 19 june 2020 on the approval of the council of europe convention against trafficking in human organs and on its implementation, in force since 1 feb. 2021 (as 2020 6567; bbl 2019 5971).20 inserted by annex no 2 of the fd of 19 june 2020 on the approval of the council of europe convention against trafficking in human organs and on its implementation, in force since 1 feb. 2021 (as 2020 6567; bbl 2019 5971).art. 63 contraventions 1 any person who wilfully or negligently:a. commits an offence as specified in article 62 paragraph 1 letter a without the participants' health being endangered;b. makes a payment or provides any other non-cash advantage to a person for participation in a research project with an expected direct benefit, or demands or accepts payment or any other non-cash advantage from a person for participation in a research project (art. 14);c. makes further use of biological material or health-related personal data without the informed consent required under this act (arts. 32, 33), in cases where the conditions specified in article 34 are not met and appropriate authorisation has not been obtained from the responsible ethics committee;d. transfers biological material or health-related personal data for non-research-related purposes in the absence of a legal basis or without the requisite consent (art. 41)shall be liable to a fine.2 a contravention and the penalty for a contravention become time-barred after five years.art. 64 jurisdiction and administrative criminal law 1 the cantons have jurisdiction for the prosecution and judgment of offences.2 articles 6, 7 (offences committed within a business) and 15 (forgery of documents, obtaining a false certificate by fraud) of the federal act of 22 march 197421 on administrative criminal law apply.3 the competent authorities shall inform the foph of all judgments passed in accordance with article 62 paragraph 1 letters b-cbis or article 63 paragraph 1 letter c on account of an offence involving the human body or parts thereof.2221 sr 313.022 inserted by annex no 2 of the fd of 19 june 2020 on the approval of the council of europe convention against trafficking in human organs and on its implementation, in force since 1 feb. 2021 (as 2020 6567; bbl 2019 5971).chapter 12 final provisions art. 65 implementing provisions 1 the federal council shall enact the implementing provisions.2 in doing so, it shall consider the different extents to which individual research areas and methods involve risks to dignity and privacy, in particular when specifying:the scientific requirements (art. 10);b. any exemptions from liability (art. 19) and liability coverage requirements (art. 20);c. the requirements for insurance and other forms of coverage (art. 20);d. the procedural requirements (art. 49).art. 66 amendment of current legislation current legislation shall be amended as specified in the annex.art. 67 transitional provisions 1 authorisations granted by cantonal ethics committees for the conduct of research projects remain valid for the term of the authorisation.2 if no authorisation, as defined in paragraph 1, has been granted for a research project which is already under way when this act comes into effect, an application for authorisation in accordance with article 45 paragraph 1 letter a shall be submitted to the responsible ethics committee within six months after the commencement of this act.3 authorisations for the waiver of professional confidentiality in medical research remain valid for the term of the authorisation. if the authorisation has been granted for an unlimited term, an application for authorisation in accordance with article 45 paragraph 1 shall be submitted to the responsible ethics committee within a year of the commencement of this act.4 the federal council shall regulate the registration under article 56 of research projects which are in progress when this act comes into force.art. 68 referendum and commencement 1 this act is subject to an optional referendum.2 the federal council shall determine the commencement date.commencement date: 1 january 20142323 fcd of 20 sept. 2013.annex (art. 66)amendment of current legislation the federal acts below are amended as follows:.2424 the amendments may be consulted under as 2013 3215.

810.301english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon human research with the exception of clinical trials(human research ordinance, hro)of 20 september 2013 (status as of 26 may 2021)the swiss federal council,on the basis of the human research act of 30 september 20111 (hra),ordains:1 sr 810.30chapter 1 general provisions art. 1 purpose this ordinance regulates:a. the requirements for the conduct of human research projects with the exception of clinical trials; andb. the authorisation and notification procedures for research projects as specified in letter a.art. 2 applicable provisions the provisions concerning scientific integrity and scientific quality set out in articles 3 and 4 of the ordinance of 20 september 20132 on clinical trials (clino) apply mutatis mutandis.2 sr 810.305art. 3 responsibilities of project leader and sponsor 1 the project leader is responsible for the conduct of the research project in switzerland and for protection of the participants at the research site.2 the project leader is also responsible for organising the research project, and in particular for the initiation, management and financing of the project in switzerland, provided that no other person or institution headquartered or represented in switzerland takes responsibility for this (sponsor).art. 4 professional qualifications 1 the project leader responsible for a research project must:a. be entitled to practise independently the profession specifically qualifying him or her to conduct the research project in question;b. have the training and experience required to conduct the research project in question;c. be conversant with the legal requirements for research projects or be able to ensure compliance by calling in appropriate expertise.2 the other persons conducting the research project must have the professional knowledge and experience appropriate to the activities in question.art. 5 storage of health-related personal data and biological material 1 any person who stores health-related personal data for research must take appropriate operational and organisational measures to protect it, and in particular:a. restrict the handling of the health-related personal data to those persons who require this data to fulfil their duties;b. prevent unauthorised or accidental disclosure, alteration, deletion and copying of the health-related personal data;c. document all processing operations which are essential to ensure traceability.2 any person who stores biological material for research must, in particular:a. comply with the principles set out in paragraph 1 mutatis mutandis;b. ensure that the technical requirements are met for appropriate storage of the biological material;c. make available the resources required for storage.chapter 2 research involving measures for sampling of biological material or collection of health-related personal data from persons section 1 general provisions art. 6 research project for the purposes of this chapter, a research project is any project in which biological material is sampled or health-related personal data is collected from a person in order to:a. answer a scientific question; orb. make further use for research purposes of the biological material or the health-related personal data.art. 7 categorisation 1 a research project comes under category a if the planned measures for sampling biological material or collecting personal data entail only minimal risks and burdens.2 a research project comes under category b if the planned measures entail more than only minimal risks and burdens.3 sampling biological material or collecting health-related personal data entails minimal risks and burdens if the measures, in terms of intensity and quality, and taking into account the vulnerability of the participants and the specific circumstances, have only a slight and temporary impact on the participants' health. in particular, minimal risks and burdens may be associated with:a. surveys and observations;b. peripheral venous or capillary blood sampling and skin punch biopsies of limited extent;c. removing or collecting bodily substances without invasive interventions (in particular, saliva, urine and stool samples);d. taking swabs;e. magnetic resonance imaging scans without a contrast medium, ultrasound examinations or electrograms;f.3 examinations using medical devices in accordance with article 3 of the medical devices ordinance of 1 july 20204 that bear a conformity marking and are used without a contrast medium, and examinations using authorised medicinal products capable of emitting ionising radiation, provided that the effective dose is below 5 msv per research project and per participant.3 amended by annex 2 no 1 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).4 sr 812.213art. 8 information 1 in addition to the points specified in article 16 paragraph 2 hra, the persons concerned must receive information on:a. the effort involved and the obligations arising from participation; b. their right to withhold or to revoke their consent without giving reasons;c. the consequences of revoking consent to further use of the biological material and personal data collected up to this point;d. their right to receive information at any time in response to further questions;e. their right to be informed of results concerning their health, and their right to forgo such information or to designate a person who is to take this decision for them;f. the measures envisaged to cover any damage arising from the research project, including the procedure in the event of a claim;g. the main sources of financing for the research project;h. other points relevant to their decision on participation.2 if the intention exists to make further use for research of the biological material sampled or the health-related personal data collected, the persons concerned must also receive information on the points specified in articles 2832.3 the information may be provided in stages. it may be additionally presented in a non-textual form.4 appropriate measures must be taken to ensure that the persons concerned have understood the essential elements of the information provided.art. 9 exceptions to written form 1 information and consent may be provided and documented in a nonwritten form if:a. the research project in question comes under category a, as defined in this ordinance, and involves adults with capacity;b. provision of written information and consent would be disproportionate, given the project design; andc. reference is made to the departure from written form in the application to the responsible research ethics committee (ethics committee).2 in individual cases, information may be provided and consent granted in a nonwritten form if:a. the person concerned, for physical or cognitive reasons, cannot read or cannot write; andb. the project leader furnishes proof of the provision of information and consent, specifically by means of written confirmation by witnesses, or by a recording of verbal consent.3 in individual cases, the requirement to provide information in written form may be waived if:a. this could only be implemented with disproportionate effort, given the language skills of the person concerned; andb. an independent qualified translator is called in to provide oral information and gives written confirmation thereof.art. 10 consequences of revocation of consent 1 if consent is revoked, the biological material and healthrelated personal data of the person concerned must be anonymised after data evaluation has been completed.2 anonymisation of the biological material and personal data may be dispensed with if:a. the person concerned expressly renounces this right when revoking consent; orb. it is established at the beginning of the research project that anonymisation is not possible and the person concerned, having been adequately informed of this fact, consented to participate.3 persons revoking consent must be offered any follow-up care required to protect their health.art. 11 research projects in emergency situations for research projects in emergency situations, articles 15-17 clino5 apply mutatis mutandis.5 sr 810.305art. 12 exemptions from liability any person who proves that:a. the damage is only slight and temporary; andb. the extent of the damage is no greater than would be expected in the current state of scientific knowledgeshall be exempt from liability under article 19 paragraph 1 hra.art. 13 coverage 1 category a research projects are exempt from the liability coverage requirements specified in article 20 hra.2 for category b research projects, the policy value shall be set in accordance with annex 1.3 the liability coverage must cover damage occurring up to 10 years after the completion of the research project.4 in addition, article 11, article 13 paragraph 1 and article 14 clino6 apply mutatis mutandis.6 sr 810.305section 2 authorisation procedure art. 14 application 1 the project leader shall submit the application documents specified in annex 2 to the responsible ethics committee for review.2 the ethics committee may request additional information.3 the sponsor may submit the application instead of the project leader. in this case, the sponsor assumes the obligations of the project leader as specified in articles 17-23. the application documents must be co-signed by the project leader.art. 15 review areas the responsible ethics committee shall review:a. the completeness of the application;b. the categorisation requested;c. the research project with regard to:1. scientific quality, in the case of a research project as specified in article 6 letter a,2. the ratio between the likely risks and burdens and the expected benefits (art. 12 para. 2 hra),3. the measures taken to minimise risks and burdens, and for the protection and follow-up of participants (art. 15 hra), including precautionary measures in the handling of personal data,4. the need to involve persons, and in particular persons who are particularly vulnerable (art. 11 hra),5. the criteria for the selection of participants,6. the proposed procedure for providing information and obtaining consent, including the appropriateness of the period for reflection,7. the appropriateness of the remuneration for participants and compliance with the prohibition of commercialisation (art. 9 hra),8. compliance with scientific integrity requirements;d. the completeness of the documentation for recruitment, information and consent, and its comprehensibility, especially with regard to the possible involvement of particularly vulnerable persons;e. for category b research projects: the guaranteeing of the right to compensation in the event of damage (art. 20 hra);f. for investigations involving radiation sources7: additionally, compliance with radiological protection legislation and the dose estimation, in cases where an opinion does not have to be sought from the federal office of public health (foph) in accordance with article 19 paragraph 2;g. the professional qualifications of the project leader and the other researchers;h. compliance with the requirements concerning the storage of biological material or health-related personal data specified in article 5;i. the suitability of the infrastructure at the research site;j. the financing of the research project and the agreements between the sponsor, third parties and the project leader concerning the allocation of tasks, remuneration and publication;k. other areas, where this is necessary to assess the protection of participants.7 term in accordance with annex 11 no 5 of the radiation protection ordinance of 26 apr. 2017, in force since 1 jan. 2018 (as 2017 4261). this modification has been made throughout the text.art. 16 procedure and deadlines 1 the ethics committee shall acknowledge receipt of the application within 7 days and notify the project leader of any formal deficiencies in the application documents.2 it shall reach a decision within 30 days after acknowledgement of receipt of the formally correct application documents.3 if the ethics committee requests additional information in accordance with article 14 paragraph 2, the clock shall be stopped until this information has been received.art. 17 multicentre research projects 1 the project leader shall submit the application for a multicentre research project to the lead committee in accordance with article 47 paragraph 2 hra.2 the lead committee shall acknowledge receipt of the application within 7 days and at the same time notify the project leader whether the application documents submitted are formally in order.3 at the request of the lead committee, the project leader shall submit the required number of copies of the application documents specified in annex 2 to the ethics committees responsible at the other research sites (ethics committees concerned). these shall review the local conditions and inform the lead committee of their assessment within 15 days.4 the lead committee shall reach a decision within 45 days of acknowledging receipt of the formally correct application. it shall inform the ethics committees concerned of its decision.art. 18 changes 1 significant changes to an authorised research project must be authorised by the ethics committee before being implemented. exempt from this requirement are measures which have to be taken immediately in order to protect the participants.2 the project leader shall submit to the ethics committee any application documents specified in annex 2 which are affected by the change. at the same time, the project leader shall provide information on the reasons for the change.3 the following are considered to be significant changes:a. changes affecting the participants' safety and health, or their rights and obligations;b. in the case of a category b research project, changes to the protocol which concern the goal or the central topic of the research project;c. a change of research site or conducting the research project at an additional site; ord. a change of project leader or sponsor.4 the ethics committee shall reach a decision on significant changes within 30 days. article 16 applies mutatis mutandis.5 for the authorisation procedure in the case of significant changes to authorised multicentre research projects, article 17 applies mutatis mutandis.art. 19 procedure for investigations involving radiation sources 1 in the case of investigations involving radiation sources, the project leader shall additionally submit to the responsible ethics committee the documents specified in annex 2 number 2. subject to the provisions of the following paragraphs, the authorisation procedure is governed by articles 14-18.2 the project leader shall additionally submit to the foph the application documents specified in annex 2 number 3, informing the ethics committee at the same time if the effective dose per person, taking the uncertainty factor into account, is more than 5 msv per year and:a. a radiopharmaceutical is used which is not authorised in switzerland;b. a radiopharmaceutical is used which is authorised in switzerland, and the intervention in question is not a routine nuclear medicine examination; orc. some other radioactive source8 is used.3 the foph shall deliver an opinion for the ethics committee on compliance with radiological protection legislation and on the dose estimation.4 the ethics committee shall grant authorisation if:a. the requirements covered by article 15 are met; andb. the foph has raised no objections to the research project.5 it shall reach a decision in this case within 45 days after acknowledgement of receipt of the formally correct application documents. it shall inform the foph of its decision.8 term in accordance with annex 11 no 5 of the radiation protection ordinance of 26 apr. 2017, in force since 1 jan. 2018 (as 2017 4261). this modification has been made throughout the text.section 3 notifications and reporting art. 20 notification of safety and protective measures if immediate safety and protective measures have to be taken during the conduct of a research project, the project leader shall notify the ethics committee of these measures, and of the circumstances necessitating them, within 7 days.art. 21 serious events 1 if, in the course of a research project, serious events occur in participants, the research project must be interrupted.2 a serious event is defined as any adverse event where it cannot be excluded that the event is attributable to the sampling of biological material or the collection of health-related personal data, and which:a. requires inpatient treatment not envisaged in the protocol or extends a current hospital stay;b. results in permanent or significant incapacity or disability; orc. is life-threatening or results in death.3 if necessary in order to guarantee participants' safety and health, further events are to be designated as serious in the protocol or at the request of the responsible ethics committee.4 the project leader shall notify the ethics committee of a serious event within 7 days. in addition, the project leader shall report to the committee on the connection between the event and the collection of health-related personal data or the sampling of biological material. at the same time, he or she shall submit proposals concerning the next steps to be taken.5 if a serious event occurs in connection with an investigation involving a radiation source on which the foph has delivered an opinion in accordance with article 19, this must be additionally reported to the foph within 7 days.6 the ethics committee shall reach a decision on the continuation of the research project within 30 days after receipt of the report.art. 22 notification upon completion or discontinuation of a research project the project leader shall notify the ethics committee of the discontinuation or completion of a research project within 90 days.art. 239 assessment, notification and reporting on the use of radiation sources 1 in the case of investigations using radiation sources, the project leader shall assess compliance with the dose guidance value under article 45 of the radiological protection ordinance of 26 april 201710.2 he or she shall give notify the competent ethics committee if the permitted dose guidance value within seven working days of the information coming to light.3 the competent ethics committee may obtain technical advice from the foph in order to assess the dose calculation or the dose estimate and to decide what further measures are required. 4 within a year of completing or discontinuing a research project which included investigations involving radioactive sources, the project leader shall submit to the foph a final report including all information of relevance for radiological protection, and in particular a retrospective dose estimation by the participants.5 routine nuclear medicine examinations involving authorised radiopharmaceuticals are exempt from the reporting requirement under paragraph 4.6 within the framework of the opinion delivered in accordance with article 19, or on request, the foph may specify further exemptions from the reporting requirements.9 amended by annex 11 no 5 of the radiation protection ordinance of 26 apr. 2017, in force since 1 jan. 2018 (as 2017 4261).10 sr 814.501chapter 3 further use of biological material and health-related personal data for research section 1 general provisions art. 24 further use further use of biological material and health-related personal data is defined as any handling, for research purposes, of biological material already sampled or data already collected, and in particular:a. procuring, bringing together or collecting biological material or healthrelated personal data;b. registration or cataloguing of biological material or health-related personal data;c. storage or inclusion in biobanks or databases;d. making accessible or available or transferring biological material or healthrelated personal data.art. 25 anonymisation 1 for the anonymisation of biological material and health-related personal data, all items which, when combined, would enable the data subject to be identified without disproportionate effort, must be irreversibly masked or deleted.2 in particular, the name, address, date of birth and unique identification numbers must be masked or deleted.art. 26 coding 1 biological material and health-related personal data are considered to be correctly coded in accordance with article 32 paragraph 2 and article 33 paragraph 2 hra if, from the perspective of a person who lacks access to the key, they are to be characterised as anonymised.2 the key must be stored separately from the material or data collection and in accordance with the principles of article 5 paragraph 1, by a person to be designated in the application who is not involved in the research project.art. 27 conditions for breaking the code for coded biological material and coded health-related personal data, the code may only be broken if:a. breaking the code is necessary to avert an immediate risk to the health of the person concerned;b. a legal basis exists for breaking the code; orc. breaking the code is necessary to guarantee the rights of the person concerned, and in particular the right to revoke consent.section 2 informed consent and information art. 28 informed consent for further use of biological material and genetic personal data in uncoded form for a research project 1 the persons concerned must receive written and oral information on:a. the nature, purpose and duration of, and procedure for, the research project;b. their right to withhold or to revoke their consent at any time without giving reasons;c. the consequences of revocation of consent for the biological material and personal data used up to this point;d. their right to receive information at any time in response to further questions relating to the research project;e. their right to be informed of results concerning their health, and their right to forgo such information or to designate a person who is to take this decision for them;f. measures to protect the biological material and the personal data;g. the main sources of financing for the research project;h. other points relevant to their decision.2 the information may be additionally presented in a non-textual form.3 consent must be given in writing.4 the exceptions to written form are governed by article 9 mutatis mutandis.art. 29 informed consent for further use of biological material and genetic personal data in coded form for research purposes 1 the persons concerned must receive written or oral information on:a. the proposed further use of the coded biological material and coded genetic personal data for research purposes;b. their right to withhold or to revoke their consent at any time without giving reasons;c. measures to protect the biological material and personal data, and in particular management of the key;d. the possibility of the biological material and the genetic personal data being passed on to third parties for research purposes.2 consent must be given in writing; the exceptions are governed by article 9 mutatis mutandis.art. 30 information on the proposed anonymisation of biological material and genetic personal data for research purposes the persons concerned must receive written or oral information on:a. the proposed anonymisation of the biological material and genetic personal data for research purposes;b. their right to dissent;c. the consequences of anonymisation with regard to results concerning their health;d. the possibility of the biological material and the data being passed on to third parties for research purposes.art. 31 informed consent for further use of non-genetic health-related personal data in uncoded form for research purposes 1 the persons concerned must receive written or oral information on:a. the proposed further use of the non-genetic health-related personal data for research purposes;b. their right to withhold or to revoke their consent at any time without giving reasons;c. their right to be informed of results concerning their health, and their right to forgo such information;d. measures to protect the personal data;e. the possibility of the personal data being passed on to third parties for research purposes.2 consent must be given in writing; the exceptions are governed by article 9 mutatis mutandis.art. 32 information on the proposed further use of non-genetic health-related personal data in coded form for research purposes the persons concerned must receive written or oral information on:a. the proposed further use of the non-genetic health-related personal data in coded form for research purposes;b. their right to dissent;c. measures to protect the personal data, and in particular management of the key;d. the possibility of the personal data being passed on to third parties for research purposes.section 3 authorisation procedure and notification requirements for research projects involving biological material and health-related personal data art. 33 research project for the purposes of this section, a research project is any project in which further use is made of biological material already sampled or health-related personal data already collected in order to answer a scientific question.art. 34 review areas 1 the ethics committee shall review:a. the completeness of the application;b. the fulfilment of the conditions specified in articles 32 and 33 hra;c. for research projects involving biological material and health-related personal data in coded form: correct and secure coding;d. compliance with the requirements for the storage of biological material or health-related personal data;e. the professional qualifications of the project leader and the other persons involved in the research project;f. other areas, where this is necessary to assess the protection of the persons concerned.2 in this process, it shall take into account existing authorisations from ethics committees with regard to the biological material or the health-related personal data.art. 35 applicable provisions the following provisions apply mutatis mutandis:a. for the submission of the application: article 14;b. for the procedure and deadlines: article 16;c. for multicentre research projects: article 17.art. 36 notification requirements 1 the project leader shall notify the ethics committee of a change of project leader in advance.2 the project leader shall notify the ethics committee of the completion or discontinuation of the research project within 90 days.section 4 authorisation procedure and notification requirements for further use of biological material and health-related personal data for research in the absence of informed consent in accordance with article 34 hra art. 37 review areas the ethics committee shall review:a. the completeness of the application;b. the reasons, as specified in article 34 letters a and b hra;c. the interests of the proposed research which outweigh the interests of the person concerned in deciding on the further use of his or her biological material and health-related personal data;d. the group of persons entitled to pass on the biological material and the personal data;e. compliance with the requirements concerning the storage of biological material or health-related personal data and the group of persons with access rights;f. the professional qualifications of the persons entitled to receive the biological material and the personal data;g. other areas, where this is necessary to assess the protection of the persons concerned.art. 38 applicable provisions the following provisions apply mutatis mutandis:a. for the submission of the application: article 14;b. for the procedure and deadlines: article 16;c. for further use or collection according to a standard protocol, but in different cantons: the procedure specified in article 17.art. 39 authorisation the authorisation shall include at least the following information:a. the purpose for which further use may be made of the biological material and the health-related personal data;b. the designation of the biological material and health-related personal data covered by the authorisation;c. the group of persons entitled to pass on the biological material and the health-related personal data;d. the group of persons entitled to receive the biological material and the personal data.art. 40 notifications 1 the project leader must notify the ethics committee in advance of any changes to the information given in the authorisation.2 the project leader must notify the ethics committee of the completion or discontinuation of the collection process within 90 days.chapter 4 research involving deceased persons art. 41 review areas the ethics committee shall review:a. the completeness of the application;b. the scientific quality;c. compliance with the requirements for consent (art. 36 hra);d. for research projects involving deceased persons undergoing artificial respiration: the need to involve them in the research project (art. 37 para. 2 hra) and compliance with the requirement for independence of the persons involved in the determination of their death (art. 37 para. 3 hra);e. compliance with the requirements for the storage of biological material or health-related personal data;f. compliance with the prohibition of commercialisation (art. 9 hra);g. the professional qualifications of the project leader and the other researchers.art. 42 applicable provisions the following provisions apply mutatis mutandis:a. for the submission of the application: article 14;b. for the procedure and deadlines: article 16;c. for multicentre research projects: the procedure specified in article 17.art. 43 notifications 1 the project leader must notify the ethics committee in advance of the following changes to the research project:a. change of project leader;b. for research projects involving deceased persons undergoing artificial respiration: significant changes to the protocol.2 the project leader shall notify the ethics committee of the completion or discontinuation of the research project within 90 days.chapter 5 research involving embryos and foetuses from induced abortions and from spontaneous abortions including stillbirths art. 44 informed consent 1 for research projects involving embryos and foetuses from induced abortions and from spontaneous abortions including stillbirths, the pregnant woman or the couple concerned must receive written and oral information on:a. the use of the embryo or foetus for research purposes;b. their right to withhold or to revoke their consent at any time without giving reasons;c. measures to protect the biological material and the personal data;d. the handling of the embryo or foetus after completion of the research.2 the information may be additionally presented in a non-textual form.3 consent must be given in writing. the consequences of revocation of consent are governed by article 10.4 the exceptions to written form are governed by article 9 mutatis mutandis.art. 45 review areas the ethics committee shall review:a. the completeness of the application;b. the scientific quality;c. compliance with the requirements for informed consent;d. for research projects involving embryos and foetuses from induced abortions: compliance with the requirements specified in article 39 paragraphs 1, 2 and 4 hra;e. compliance with the prohibition of commercialisation (art. 9 hra);f. compliance with the requirements concerning the storage of biological material or health-related personal data;g. the professional qualifications of the project leader and the other researchers;h. other areas, where this is necessary to assess the protection of the pregnant woman or the couple concerned.art. 46 applicable provisions the following provisions apply mutatis mutandis:a. for the submission of the application: article 14;b. for the procedure and deadlines: article 16;c. for multicentre research projects: the procedure specified in article 17;d. for notification requirements: article 36.chapter 6 final provisions art. 47 updating of annexes the federal department of home affairs may update the annexes in accordance with international or technical developments. it shall undertake updates which may give rise to technical barriers to trade in consultation with the federal department of economic affairs, education and research.art. 48 transitional provisions 1 research projects as defined in chapter 2 which were granted authorisation before 1 january 2014 are considered to be category b research projects.2 on request, the authority which authorised the research project before 1 january 2014 may assign the research project to category a. in this case, the liability, coverage and notification requirements are governed by the new law.3 the ethics committee shall make the decision specified in paragraph 2 according to the simplified procedure specified in article 6 of the hra organisation ordinance of 20 september 201311.4 the provisions of this ordinance are applicable:a. to the assessment of significant changes to research projects as specified in chapter 2;b. to notifications concerning research projects as specified in chapters 3-5.5 the responsible ethics committee shall make a decision on applications concerning research projects not subject to authorisation under existing law, submitted in accordance with article 67 paragraph 2 hra, within six months after acknowledgement of receipt of the formally correct application documents.11 sr 810.308art. 49 commencement this ordinance comes into force on 1 january 2014.annex 1 (art. 13)policy values for liability coverage for category b research projects involving persons, the policy value shall be at least:a. per person: 250 000 swiss francs;b. for damage to property: 20 000 swiss francs;c. for the entire research project: 3 million swiss francs.annex 2 (art. 14, 17-19)application documents to be submitted to the responsible ethics committee for the procedure 1 application documents for research projects involving the sampling of biological material or the collection of health-related personal data from persons 1.1 basic form, including a summary of the protocol in the national language of the research site and reasons for the requested categorisation;1.2 protocol;1.3 information sheet and informed consent form, and recruitment documents, in particular the wording of announcements or advertisements;1.4 other documents issued to participants;1.5 information on the type and amount of remuneration for participants;1.6 for category b research projects: certificate of insurance or other proof of coverage for possible damage;1.7 information on the secure handling of biological material and personal data, and in particular on the storage thereof;1.8 the project leader's cv, including evidence of his or her knowledge and experience, and a list of the other persons involved in the research project, indicating their responsibilities and relevant professional knowledge;1.9 information on the suitability and availability of infrastructure at the research site;1.10 agreements between the project leader and the sponsor or third parties, in particular with regard to the financing of the research project, remuneration of the project leader and publication.2 additional application documents for research projects which include investigations involving radiation sources 2.1 details of all relevant radiological protection aspects, and in particular a calculation or estimate of the effective dose, organ doses and any tumour doses;2.2 the licences required under article 28 of the radiological protection act of 22 march 199112.12 sr 814.503 additional application documents for research projects which include investigations involving radioactive sources and require an opinion from the foph in accordance with article 19 paragraph 2 3.1 information on the properties of the radiopharmaceutical, and in particular on pharmacokinetics, quality, stability, radiochemical purity and radionuclide purity;3.2 for authorised radiopharmaceuticals: the prescribing information;3.3 for non-authorised radiopharmaceuticals: information on the manufacturing and quality control processes for the radiopharmaceutical, the names of the persons responsible for these processes and details of their professional qualifications;3.4 the names of the persons responsible for the use of the radiopharmaceutical in humans and details of their professional qualifications;3.5 information specified in the foph form for research projects involving radiopharmaceuticals or radiolabelled compounds13.13 this form can be obtained [in french/german] from the federal office of public health, radiological protection division, ch-3003 bern; it can also be accessed online at: www.bag.admin.ch > themen > strahlung, radioaktivitt und schall.4 application documents for research projects involving further use of biological material or health-related personal data 4.1 basic form, including a summary of the scientific question in the national language of the research site;4.2 description of the scientific question;4.3 proof of the origin of the biological material and health-related personal data, and of compliance with the requirements concerning informed consent and information on the right to dissent specified in articles 32 and 33 hra;4.4 for further use of biological material and health-related personal data in coded form: proof of secure and correct coding;4.5 proof of secure handling of biological material and personal data, and in particular the storage thereof;4.6 the project leader's cv, including evidence of his or her knowledge and experience, and a list of the other persons involved in the research project, indicating their responsibilities and relevant professional knowledge;4.7 information on the infrastructure available at the research site;4.8 any authorisations granted by ethics committees in switzerland for the sampling of biological material or the collection of health-related personal data.5 application documents for further use of biological material or health-related personal data in the absence of informed consent in accordance with article 34 hra 5.1 basic form, including a summary of the project in the national language of the research site;5.2 planned procedure;5.3 description of the proposed research purposes for which further use is to made of the biological material or health-related personal data, including an explanation of how the research interests outweigh the interests of the persons concerned;5.4 designation of the biological material or health-related personal data of which further use is to be made;5.5 designation of the group of persons who are to be entitled to pass on the biological material or the health-related personal data;5.6 designation of the persons who are to be entitled to receive the biological material or the health-related personal data;5.7 designation of the persons responsible for protection of the data disclosed;5.8 designation of the group of persons who are to have access rights for the biological material or the health-related personal data;5.9 proof of secure handling of biological material and personal data, and in particular the storage thereof;5.10 information on the duration of storage;5.11 the project leader's cv, including evidence of his or her knowledge and experience, and a list of the other persons involved in the research project, indicating their responsibilities and relevant professional knowledge;5.12 information on the infrastructure available at the research site.6 application documents for research projects involving deceased persons 6.1 basic form, including a summary of the protocol in the national language of the research site;6.2 protocol;6.3 proof of compliance with the requirements for consent specified in article 36 hra;6.4 proof of compliance with the requirement for prior determination of death specified in article 37 paragraph 1 hra;6.5 for research projects involving deceased persons undergoing artificial respiration: statement of the reasons why such persons need to be involved in the research project, and proof of the independence of the persons determining death;6.6 documents concerning any remuneration;6.7 proof of secure handling of biological material and personal data, and in particular the storage thereof;6.8 the project leader's cv, including evidence of his or her knowledge and experience, and a list of the other persons involved in the research project, indicating their responsibilities and relevant professional knowledge;6.9 information on the infrastructure available at the research site;6.10 agreements between the project leader and third parties, in particular with regard to the financing of the research project, remuneration of the project leader and publication.7 application documents for research projects involving embryos and foetuses from induced abortions and from spontaneous abortions including stillbirths 7.1 basic form, including a summary of the protocol in the national language of the research site;7.2 protocol;7.3 recruitment documents, including the wording of any advertisements, and the information sheet and informed consent form;7.4 description of measures to ensure compliance with the requirements for consent specified in article 39 paragraph 1 or article 40 paragraph 1 hra;7.5 description of measures to ensure compliance with the requirement for prior determination of death specified in article 39 paragraph 3 or article 40 paragraph 2 hra;7.6 for research projects involving embryos and foetuses from induced abortions: proof of compliance with the requirements specified in article 39 paragraphs 2 and 4 hra;7.7 documents concerning any remuneration;7.8 proof of secure handling of biological material and personal data, and in particular the storage thereof;7.9 the project leader's cv, including evidence of his or her knowledge and experience, and a list of the other persons involved in the research project, indicating their responsibilities and relevant professional knowledge;7.10 information on the infrastructure available at the research site;7.11 agreements between the project leader and third parties, in particular with regard to the financing of the research project, remuneration of the project leader and publication.8 application documents for the ethics committees concerned in multicentre research projects 8.1 basic form, including a summary of the research project in the national language of the research site;8.2 protocol;8.3 for research projects involving persons or research projects involving embryos and foetuses from induced abortions and from spontaneous abortions including stillbirths: information sheet and informed consent form, and recruitment documents, in particular the wording of announcements or advertisements, used at the research site in question;8.4 for research projects involving deceased persons: proof of compliance with the requirements for consent specified in article 36 hra and proof of compliance with the requirement for prior determination of death specified in article 37 paragraph 1 hra at the research site in question;8.5 the cv of the person responsible at the research site in question, including evidence of his or her knowledge and experience, and a list of the other persons involved in the research project at the site concerned, indicating their responsibilities and relevant professional knowledge;8.6 proof of the suitability and availability of the infrastructure at the research site in question;8.7 agreements between the sponsor and the person responsible at the research site in question, in particular with regard to his or her remuneration;8.8 for category b research projects involving persons: certificate of insurance or other proof of coverage for possible damage at the research site in question, including any agreements on this matter between the sponsor and the person responsible at the research site.

810.305english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon clinical trials with the exception of clinical trials of medical devices1(clinical trials ordinance, clino)of 20 september 2013 (status as of 26 may 2021)1 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).the swiss federal council,on the basis of the human research act of 30 september 20112 (hra), of article 36 paragraphs 1, 3 and 4 of the transplantation act of 8 october 20043 (transplantation act),and of article 54 paragraphs 3, 6 and 7 of the therapeutic products act of 15 december 20004 (tpa),ordains:2 sr 810.303 sr 810.214 sr 812.21chapter 1 general provisions section 1 purpose and definitions art. 1 purpose 1 this ordinance regulates:a.5 the requirements for the conduct of clinical trials as defined in article 3 letter l hra:1.6 clinical trials with medicinal products, including combinations under article 2 paragraph 1 letters f and g of the medical devices ordinance of 1 july 2020 (meddo)7, or transplant products,2. clinical trials with in vitro diagnostic medical devices or products under article 2a paragraph 2 tpa8,3. clinical trials of transplantation,4. clinical trials that are not clinical trials under numbers 1 to 3;b. the authorisation and notification procedures for clinical trials;c. the duties and responsibilities of research ethics committees (ethics committees), the swiss agency for therapeutic products (the agency) and the federal office of public health (the foph) in connection with the authorisation and notification procedures;d. the registration of clinical trials and public access to the registry.2 the following apply:a. for clinical trials with medical devices under the meddo: the ordinance of 1 july 20209 on clinical trials with medical devices;b. for clinical trials of xenotransplantation: the xenotransplantation ordinance of 16 march 200710 applies.115 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).6 amended by annex no 2 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).7 sr 812.2138 term in accordance with annex no 2 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281). this change has been made throughout the text.9 sr 812.213.310 sr 810.21311 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).art. 212 definitions in this ordinance:a. clinical trial means a research project involving individuals that prospectively assigns them to undergo a health-related intervention in order to study its effects on health or on the structure and function of the human body;b. health-related intervention means a preventive, diagnostic, therapeutic, palliative or rehabilitative measure investigated in a clinical trial;c. minimal risks and burdens means risks and burdens, which, in terms of intensity and quality, and taking into account the vulnerability of the participants and the specific circumstances, will have only a slight and temporary impact on the participants' health; in particular, minimal risks and burdens may be associated with:1. surveys and observations,2. peripheral venous or capillary blood sampling and skin punch biopsies of limited extent,3. removing or collecting bodily substances without invasive interventions, in particular, saliva, urine and stool samples,4. taking swabs,5. magnetic resonance imaging scans without a contrast medium, ultrasound examinations or electrograms,6. examinations using medical devices under article 3 meddo13 bearing conformity markings without a contrast medium, or using authorised medicinal products capable of emitting ionising radiation, provided that the effective dose is below 5 msv per research project and per person concerned;d. sponsor means a person or institution headquartered or represented in switzerland that takes responsibility for organising a clinical trial, and in particular for the initiation, management and financing of the trial in switzerland;e. investigator means a person responsible in switzerland for the conduct of a clinical trial and for the protection of the participants at the trial site; an investigator who takes responsibility for organising a clinical trial in switzerland is also a sponsor.12 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).13 sr 812.213section 2 principles art. 3 scientific integrity 1 the sponsor and the investigator, and the other persons involved in the clinical trial, shall maintain scientific integrity. in particular, it is prohibited:a. to falsify, fabricate or suppress research results;b. to fail to disclose conflicts of interest at the planning stage, in the authorisation procedure, or when conducting or publishing research;c. to impede or prevent research activities without good reason;d. to prevent or sanction the exposure of scientific misconduct.2 the applicable guidelines are the principles and procedures for integrity in scientific research issued by the swiss academies of arts and sciences, as specified in annex 1 number 1. in justified cases, other recognised scientific integrity guidelines of equivalent standing may be used.art. 4 scientific quality the sponsor and the investigator of a clinical trial shall ensure scientific quality. in particular:a. they shall define a research question based on the current state of scientific knowledge;b. they shall use an appropriate scientific methodology; andc. they shall ensure the availability of the resources required for the clinical trial and provide the necessary infrastructure.art. 5 rules of good clinical practice 1 clinical trials must be conducted in accordance with the rules of good clinical practice, as specified in annex 1 number 2.2 a clinical trial covered by chapter 4 may be conducted in accordance with other rules which are recognised in the specialty in question, provided that the protection of participants and data quality and security are guaranteed.3 the measures and precautions required in accordance with the rules of good clinical practice must be adapted to the extent of the risks to which participants are exposed. depending on the extent of these risks, there may be certain deviations from the rules of good clinical practice. any deviations must be recorded in the protocol. the protection of the participants and data quality and security must be guaranteed in all cases.art. 6 professional qualifications 1 the clinical trial investigator must:a. be adequately trained in good clinical practice and have the professional knowledge and experience required for the clinical trial; andb. be conversant with the legal requirements for clinical trials or be able to ensure compliance by calling in appropriate expertise.2 in addition, the investigator in a clinical trial of medicinal products or transplantation must be entitled to practise the medical profession independently.3 for clinical trials of in vitro diagnostic medical devices14 and products under article 2a paragraph 2 tpa and for clinical trials covered by chapter 4, a person without medical qualifications may also serve as an investigator, provided that this person is entitled to practise independently the profession specifically qualifying him or her to conduct the clinical trial.4 the other persons conducting the clinical trial must have the professional knowledge and experience appropriate to the activities in question.14 term in accordance with annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033). this change has been made throughout the text.section 3 information, consent and revocation art. 7 information 1 in addition to the points specified in article 16 paragraph 2 hra, the persons concerned must receive information on:a. possible alternatives to the intervention under investigation, if the clinical trial is expected to offer a direct benefit;b. the effort involved and the obligations arising from participation;c. their right to withhold or to revoke their consent without giving reasons and without suffering any disadvantages in relation to their medical treatment;d. the consequences of revocation of consent for their subsequent medical treatment, and for further use of the personal data and biological material collected up to this point;e. their right to receive information at any time in response to further questions relating to the clinical trial;f. their right to be informed of results concerning their health, and their right to forgo such information or to designate a person who is to take this decision for them;g. the measures envisaged to cover any damage arising from the clinical trial, including the procedure in the event of a claim;h. the sponsor and the main sources of financing for the clinical trial;i. other points relevant to their decision on participation.2 if the intention exists to make further use for research of biological material sampled or health-related personal data collected in the clinical trial, the persons concerned must also receive information on the points specified in articles 28-32 of the human research ordinance of 20 september 201315.3 the information may be provided in stages. it may be additionally presented in a non-textual form.4 appropriate measures must be taken to ensure that the persons concerned have understood the essential elements of the information provided.15 sr 810.301art. 8 exceptions to written form 1 in individual cases, information may be provided and consent given in a nonwritten form if:a. the person concerned, for physical or cognitive reasons, cannot read or cannot write; andb. the investigator furnishes proof of the provision of information and consent, specifically by means of written confirmation by witnesses, or by a recording of verbal consent.2 in individual cases, the requirement to provide information in written form may be waived if:a. this could only be implemented with disproportionate effort, given the language skills of the person concerned; andb. an independent qualified translator is called in to provide oral information and gives written confirmation thereof.art. 9 consequences of revocation of consent 1 if consent is revoked, the biological material and healthrelated personal data of the person concerned must be anonymised after data evaluation has been completed.2 anonymisation of the biological material and personal data may be dispensed with if:a. the person concerned expressly renounces this right when revoking consent; orb. it is established at the beginning of the clinical trial that anonymisation is not possible and the person concerned, having been adequately informed of this fact, consented to participate.3 persons revoking consent must be offered any follow-up care required to protect their health.section 4 liability and coverage art. 10 exemptions from liability 1 exempt from liability in relation to clinical trials under article 19 paragraph 1 hra shall be any person who proves that the damage is attributable to:a. the administration of an authorised medicinal product used in accordance with the prescribing information;b. the administration of an authorised medicinal product, if this is recognised as standard in guidelines prepared in accordance with internationally accepted quality criteria;c. the employment of an in vitro diagnostic medical device and product under article 2a paragraph 2 tpa bearing a conformity marking and used in accordance with the instructions;d. the use of some other health-related intervention which is recognised as standard in guidelines prepared in accordance with internationally accepted quality criteria.2 also exempt from liability under article 19 paragraph 1 hra shall be any person who proves that the extent of the damage is no greater than would be expected in the current state of scientific knowledge and:a. comparable damage could also have occurred if the injured party had undergone standard therapy for the disease; orb. in the case of acutely life-threatening diseases for which no standard therapy exists.art. 11 extension of the limitation period the limitation period for compensation claims in respect of damage:a. attributable to the use of ionising radiation is governed by article 40 of the radiological protection act of 22 march 199116;b. attributable to the use of genetically modified organisms is governed by article 32 of the gene technology act of 21 march 200317.16 sr 814.5017 sr 814.91art. 12 exemptions from liability coverage requirements exempt from liability coverage requirements are:a. damage exempt from liability in accordance with article 10;b. category a clinical trials (art. 19 para. 1, art. 20 para. 1, art. 49 para. 1 and art. 61 para. 1) involving measures for sampling of biological material or collection of health-related personal data which entail only minimal risks and burdens.art. 13 requirements for liability coverage 1 the liability coverage requirements can be fulfilled:a. by taking out insurance; orb. by providing security of equivalent value.2 the policy value shall be set in accordance with annex 2.3 the liability coverage must cover damage occurring up to ten years after the completion of the clinical trial.art. 14 protection of the injured party 1 cancellation of the insurance policy by the insurance company is not permissible after the occurrence of the insured event.2 within the framework of the insurance coverage, the injured party or legal successor has a direct claim against the insurance company. objections cannot be raised on the basis of the insurance policy or the insurance policies act of 2 april 190818.3 if the insurance company is subject to action under paragraph 2, it shall have a right of recourse against the insured party.4 paragraphs 1-3 apply mutatis mutandis if security of equivalent value is provided in accordance with article 13 paragraph 1 letter b.18 sr 221.229.1section 5 clinical trials in emergency situations art. 15 post hoc consent 1 the sponsor and the investigator must, when planning or conducting a clinical trial in an emergency situation, take any measures necessary to ensure that:a. the consent of the person concerned can be obtained post hoc as soon as possible;b. in the case of a clinical trial involving children or adolescents, the consent of the legal representative can be obtained as soon as possible, if this is required in accordance with articles 22 and 23 hra;c. in the case of a clinical trial involving adults permanently lacking capacity, the consent of the person authorised to act as a representative can be obtained as soon as possible, if no statement of wishes formulated in a state of capacity is available.2 the procedure for obtaining post hoc consent must be defined in the protocol.art. 16 death of the person 1 if a person who was included in a clinical trial in an emergency situation dies before it has been possible to obtain consent or refusal in accordance with article 15, the biological material and the health-related personal data collected may only be used if this person has consented, in an advance directive or otherwise, to the use of such material and health-related data for research purposes.2 in the absence of a statement of wishes as specified in paragraph 1, use is permissible if consent is given by the next of kin or a designated trusted person. consent is governed by article 8 of the transplantation act.art. 17 handling of biological material and health-related personal data 1 the biological material sampled and the health-related personal data collected during a clinical trial in an emergency situation may only be evaluated when consent has been obtained in accordance with article 15 or 16.2 in exceptional cases, the biological material and the health-related personal data may be evaluated before consent has been obtained if:a. the biological material is only utilisable for a limited period; orb. this is necessary for the sake of the participants' safety and health.3 if consent to participate in a clinical trial in an emergency situation is withheld post hoc, the biological material and the health-related personal data must be destroyed.4 if the validity of the clinical trial or its results is compromised in essential respects by the destruction of the biological material and the health-related personal data, the use thereof in the clinical trial is permissible in spite of refusal of consent. the biological material and the health-related personal data must be anonymised without delay. the right to dissent of the person concerned is reserved.5 if it is foreseeable that material or data may be evaluated before consent has been obtained, in accordance with paragraph 2, or used in spite of refusal of consent, in accordance with paragraph 4, this must be stated in the protocol.section 6 storage of health-related personal data and biological material art. 18 1 any person who stores health-related personal data in connection with a clinical trial must take appropriate operational and organisational measures to protect it, and in particular:a. restrict the handling of the health-related personal data to those persons who require this data to fulfil their duties;b. prevent unauthorised or accidental disclosure, alteration, deletion and copying of the health-related personal data;c. document all processing operations which are essential to ensure traceability.2 any person who stores biological material in connection with a clinical trial must, in particular:a. comply with the principles set out in paragraph 1 mutatis mutandis;b. ensure that the technical requirements are met for appropriate storage of the biological material;c. make available the resources required for storage.chapter 2 authorisation and notification procedures for clinical trials of medicinal products, in vitro diagnostic medical devices19 or products under article 2a paragraph 2 tpa and transplant products 19 term in accordance with annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033). this change has been made throughout the textsection 1 general provisions art. 19 categorisation of clinical trials of medicinal products 1 clinical trials of medicinal products come under category a if the medicinal product is authorised in switzerland and its use:a. is in accordance with the prescribing information;b. is in an indication or dosage different from that specified in the prescribing information, but in accordance with the following criteria:1. the indication is within the same disease group of the international classification of diseases (icd), as specified in annex 1 number 3,2. the disease in question is self-limiting and the dosage of the medicinal product is lower than that specified in the prescribing information; orc. is recognised as standard in guidelines prepared in accordance with internationally accepted quality criteria.2 clinical trials of medicinal products come under category b if the medicinal product:a. is authorised in switzerland; andb. is not used as specified in paragraph 1.3 they come under category c if the medicinal product is not authorised in switzerland.4 in justified cases, a clinical trial of a medicinal product authorised in switzerland may be assigned to a different category if this is possible or necessary with regard to medicinal product safety or protection of the participants' safety and health.art. 20 categorisation of clinical trials of in vitro diagnostic medical devices and products under article 2a paragraph 2 tpa 1 clinical trials of in vitro diagnostic medical devices and products under article 2a paragraph 2 tpa come under category a if:a. the in vitro diagnostic medical device and product under article 2a paragraph 2 tpa bears a conformity marking; andb. it is used in accordance with the instructions.2 they come under category c if:a. the in vitro diagnostic medical device and product under article 2a paragraph 2 tpa does not have a conformity marking;b. it is not used in accordance with the intended purposes recognised in the conformity assessment and specified in the instructions; orc. use of the in vitro diagnostic medical device and product under article 2a paragraph 2 tpa is prohibited in switzerland.art. 21 clinical trials of transplant products for clinical trials of transplant products, the provisions of this ordinance concerning clinical trials of medicinal products apply mutatis mutandis.art. 22 clinical trials of gene therapy and clinical trials of genetically modified or pathogenic organisms 1 for the purposes of this ordinance, clinical trials of gene therapy are trials in which genetic information is introduced into somatic cells (somatic gene therapy).2 for the purposes of this ordinance, clinical trials of genetically modified organisms are trials of medicinal products containing genetically modified organisms as defined in the release ordinance of 10 september 200820, and in particular replication-competent viruses.3 for the purposes of this ordinance, clinical trials of pathogenic organisms are trials of medicinal products containing pathogenic organisms as defined in the release ordinance.4 for clinical trials of gene therapy and for clinical trials of genetically modified or pathogenic organisms, the provisions of this ordinance concerning clinical trials of medicinal products apply mutatis mutandis.20 sr 814.911art. 23 coordination and information in authorisation procedures 1 the investigator and the sponsor may simultaneously submit applications to the responsible ethics committee and to the agency.2 the responsible ethics committee and the agency shall inform each other about matters relating to the review areas specified in article 25 and in article 32, and shall coordinate their assessments.section 2 procedure for the responsible ethics committee art. 24 application 1 the investigator shall submit to the responsible ethics committee the application documents specified in annex 3 for review.2 the ethics committee may request additional information.3 the sponsor may submit the application instead of the investigator. in this case, the sponsor assumes the obligations of the investigator as specified in articles 28 and 29 and also the notification and reporting obligations vis--vis the responsible ethics committee. the application documents must be co-signed by the investigator.art. 25 review areas the responsible ethics committee shall review:a. the completeness of the application;b. the categorisation requested;c. the information intended for registration in accordance with article 64;d. the protocol with regard to:1. the scientific relevance of the topic (art. 5 hra), the suitability of the chosen scientific methodology and compliance with good clinical practice,2. the ratio between the likely risks and burdens and the expected benefits (art. 12 para. 2 hra),3. the measures taken to minimise risks and burdens, and for the protection and follow-up of participants (art. 15 hra), including precautionary measures in the handling of personal data,4. the need to involve persons, and in particular persons who are particularly vulnerable (art. 11 hra),5. the criteria for the selection of participants,6. the proposed procedure for providing information and obtaining consent, including the appropriateness of the period for reflection,7. the appropriateness of the remuneration for participants,8. compliance with scientific integrity requirements;e. the completeness of the documentation for recruitment, information and consent, and its comprehensibility, especially with regard to the possible involvement of particularly vulnerable persons;f. the guaranteeing of the right to compensation in the event of damage (art. 20 hra);g. the adequacy of the knowledge and experience of the investigator and of the other persons conducting the clinical trial, in relation to the discipline concerned and the conduct of a clinical trial;h. the suitability of the infrastructure at the trial site;i. the financing of the clinical trial and the agreements between the sponsor, third parties and the investigator concerning the allocation of tasks, remuneration and publication;j. for category a clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo capable of emitting ionising radiation: additionally, compliance with radiological protection legislation and the dose estimation;k. for investigations involving radiation sources21: additionally, compliance with radiological protection legislation and the dose estimation, in cases where an opinion does not have to be sought from the foph in accordance with article 28;l. other areas, where this is necessary to assess the protection of participants.21 german text amended by annex 11 no 6 of the radiological protection ordinance of 26 apr. 2017, in force since 1 jan. 2018 (as 2017 4261). this amendment is not relevant to the english text.art. 26 procedure and deadlines 1 the ethics committee shall acknowledge receipt of the application within 7 days and notify the investigator of any formal deficiencies in the application documents.2 it shall reach a decision within 30 days of acknowledgement of receipt of the formally correct application documents.3 if the ethics committee requests additional information in accordance with article 24 paragraph 2, the clock shall be stopped until this information has been received.4 it shall inform the agency of its decision in the case of category b and c clinical trials.art. 27 multicentre clinical trials 1 the coordinating investigator shall submit the application for multicentre clinical trials to the lead committee in accordance with article 47 paragraph 2 hra. the sponsor may submit the application instead of the coordinating investigator; article 24 paragraph 3 applies mutatis mutandis.2 the coordinating investigator is the person responsible in switzerland for coordination of the investigators responsible at the individual trial sites.3 the lead committee shall acknowledge receipt of the application within 7 days and at the same time notify the coordinating investigator whether the application documents are formally in order.4 at the request of the lead committee, the coordinating investigator shall submit the required number of copies of the application documents specified in annex 3 to the ethics committees responsible at the other trial sites (ethics committees concerned). these shall review the local conditions and inform the lead committee of their assessment within 15 days.5 the lead committee shall reach a decision within 45 days of acknowledgement of receipt of the formally correct application. it shall inform the ethics committees concerned of its decision and the agency in the case of category b and c clinical trials.art. 28 procedure for investigations involving radiation sources 1 in the case of investigations involving radiation sources, the investigator shall additionally submit to the responsible ethics committee the documents specified in annex 3 number 5. subject to the provisions of the following paragraphs, the authorisation procedure is governed by articles 24-27 and 29.2 the investigator shall additionally submit to the foph the application documents specified in annex 3 number 6, informing the ethics committee at the same time, if the effective dose per person, taking the uncertainty factor into account, is more than 5 msv per year and:a. a radiopharmaceutical is used which is not authorised in switzerland;b. a radiopharmaceutical is used which is authorised in switzerland, and the intervention in question is not a routine nuclear medicine examination; orc. some other radioactive source22 is used.3 the foph shall deliver an opinion for the ethics committee on compliance with radiological protection legislation and on the dose estimation.4 the ethics committee shall grant authorisation if:a. the requirements covered by article 25 are met; andb. the foph has raised no objections to the clinical trial.5 it shall reach a decision within 45 days of acknowledgement of receipt of the formally correct application documents. it shall inform the foph of its decision.22 term in accordance with annex 11 no 6 of the radiological protection ordinance of 26 april 2017, in force since 1 jan. 2018 (as 2017 4261).art. 29 changes 1 significant changes to an authorised clinical trial must be authorised by the ethics committee before being implemented. exempt from this requirement are measures which have to be taken immediately in order to protect the participants.2 the investigator shall submit to the ethics committee any application documents specified in annex 3 which are affected by the change. at the same time, the investigator shall provide information on the reasons for the change.3 the following are considered to be significant changes:a. changes affecting the participants' safety and health, or their rights and obligations;b. changes to the protocol, and in particular changes based on new scientific knowledge which concern the trial design, the method of investigation, the endpoints or the form of statistical analysis;c. a change of trial site, or conducting the clinical trial at an additional site; ord. a change of sponsor, coordinating investigator or investigator responsible at a trial site.4 the ethics committee shall reach a decision on significant changes within 30 days. article 26 applies mutatis mutandis.5 if a site at which a clinical trial is to be additionally conducted does not lie within the responsibility of the ethics committee which granted authorisation, the procedure is governed by article 27 mutatis mutandis.6 other changes must be notified to the ethics committee in the annual safety report specified in article 43.section 3 procedure for the swiss agency for medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo art. 3023 exemption from mandatory authorisation category a clinical trials are exempted from the requirement for authorisation from the agency as specified in article 54 paragraph 1 tpa.23 amended by annex no 2 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 31 application 1 the sponsor shall submit to the agency the application documents specified in annex 4 for review.2 the agency may request additional information.art. 32 review areas 1 for clinical trials of medicinal products, the agency shall review:a. the completeness of the application;b. the safety of the medicinal product, and in particular the preclinical and clinical pharmacology, toxicology, formulation and pharmacokinetics, and the proposed dosage and indication;c. the risk assessment and risk management based on the medicinal product safety data;d. the quality of the medicinal product and compliance with good manufacturing practice (gmp);e. other areas, where this is necessary to assess the safety or quality of the medicinal product.2 for category b clinical trials of medicinal products capable of emitting ionising radiation, it shall additionally review compliance with radiological protection legislation and the dose estimation.3 for clinical trials of medical devices, it shall review:a. the completeness of the application;b. the requirements specified in article 54 paragraph 4 letter b tpa.art. 33 procedure and deadlines 1 the agency shall acknowledge receipt of the application within 7 days and notify the sponsor of any formal deficiencies in the application documents.2 it shall reach a decision within 30 days of acknowledgement of receipt of the formally correct application documents.3 if a medicinal product, in vitro diagnostic medical device or combinations under article 2 letters f-h meddo is to be used in persons for the first time or manufactured in a new process, this deadline may be extended by a maximum of 30 days. the agency shall inform the sponsor of the extended deadline.4 if the agency requests additional information in accordance with article 31 paragraph 2, the clock shall be stopped until this information has been received.5 the agency shall inform the responsible ethics committee and other competent cantonal authorities of its decision.art. 34 changes 1 significant changes to an authorised clinical trial must be authorised by the agency before being implemented. exempt from this requirement are measures which have to be taken immediately in order to protect the participants.2 the sponsor must submit to the agency any application documents specified in annex 4 which are affected by the change. at the same time, the sponsor shall provide information on the reasons for the change.3 the following are considered to be significant changes:a. changes to the medicinal product, in vitro diagnostic medical device or combinations under article 2 letters f-h meddo, or to its administration or use;b. changes based on new preclinical or clinical data which may affect product safety; orc. changes concerning the production of the medicinal product, in vitro diagnostic medical device or combinations under article 2 letters f-h meddo which may affect product safety.4 the agency shall reach a decision within 30 days after receipt of the complete application documents affected by the change. article 33 applies mutatis mutandis.5 other changes which affect the documents submitted to the agency must be notified to the agency as quickly as possible.section 4 special provisions for clinical trials of gene therapy, for clinical trials of genetically modified or pathogenic organisms, and for clinical trials involving ionising radiation art. 35 clinical trials of gene therapy and clinical trials of genetically modified or pathogenic organisms 1 for category b and c clinical trials of gene therapy and for clinical trials of genetically modified or pathogenic organisms as defined in article 22, the documents specified in annex 4 number 4 must be submitted to the agency.2 before granting authorisation, the agency shall seek opinions from the swiss expert committee for biosafety (secb), the federal office for the environment (foen) and the foph.3 in addition to the areas specified in article 32, it shall review whether the quality and biological safety of the product are guaranteed with regard to the participants and to human health and the environment.4 it shall grant authorisation if:a. the secb has confirmed the quality and biological safety of the product with regard to the participants and to human health and the environment; andb. no objections to the clinical trial have been raised by the foph or by the foen, based on the assessment of the environmental data.5 the agency shall grant authorisation within 60 days of acknowledgement of receipt of the formally correct application documents. the agency shall inform the competent federal and cantonal authorities of its decision.6 authorisations shall remain valid for the duration of the clinical trial, but for no longer than five years after they are granted.7 the agency, the foph and the foen shall jointly issue guidelines on assessment of risks to human health and the environment.art. 36 clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo capable of emitting ionising radiation 1 for category b and c clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo capable of emitting ionising radiation, the documents specified in annex 4 number 5 must additionally be submitted to the agency.2 in the case of category c clinical trials, the agency shall seek an opinion from the foph before granting authorisation. the foph shall review compliance with radiological protection legislation and the dose estimation.3 the agency shall grant authorisation if:a. the requirements covered by article 32 are met; andb. the foph has raised no objections to the clinical trial.4 the agency shall reach a decision on category c clinical trials within 60 days of acknowledgement of receipt of the formally correct application documents. it shall inform the foph of its decision.5 in the case of category c clinical trials, it shall transmit to the foph directly after receipt:a. the final report specified in article 38 paragraph 3 including all information of relevance for radiological protection, and in particular a retrospective participant dose estimation, unless stipulations to the contrary have been made by the foph;b. the reports specified in article 41 paragraph 2 and article 42 paragraph 1.section 5 notifications and reporting art. 37 notification of safety and protective measures 1 if immediate safety and protective measures have to be taken during the conduct of a clinical trial, the investigator shall notify the ethics committee of these measures, and of the circumstances necessitating them, within 7 days.2 in the case of clinical trials of medical devices, this notification shall be made within 2 days.3 for category b and c clinical trials, the notifications specified in paragraphs 1 and 2 shall be made to the agency. this obligation rests on the sponsor.art. 38 notification and reporting upon completion, discontinuation or interruption of a clinical trial 1 the investigator shall notify the ethics committee of the completion of the clinical trial in switzerland within 90 days. completion of a clinical trial is marked by the last participant's final follow-up visit, in the absence of provisions to the contrary in the protocol.2 the investigator shall notify the ethics committee of the discontinuation or interruption of the clinical trial within 15 days. in the notification, the reasons for the discontinuation or interruption shall be stated.3 the investigator shall submit a final report to the ethics committee within a year after completion or discontinuation of the clinical trial, unless a longer period is specified in the protocol.4 if a multicentre clinical trial is discontinued or interrupted at one of the trial sites, the coordinating investigator shall also notify the responsible ethics committee concerned in accordance with paragraph 2.5 for category b and c clinical trials, the notifications and reports specified in paragraphs 1-3 shall be made to the agency. these obligations rest on the sponsor.art. 39 documentation of adverse events (ae) in clinical trials of medicinal products 1 if, in the course of a category c clinical trial of medicinal products, adverse events which are not to be classified as serious occur in participants, they must be documented by the investigator in a standardised manner.2 adverse events occurring in the course of a category b clinical trial must be documented in a standardised manner, if this is envisaged in the protocol or was requested by the authorities responsible for authorisation.3 for category a clinical trials, there is no obligation to document adverse events.4 the definition of adverse events is governed by the rules of good clinical practice as specified in annex 1 number 2.art. 40 serious adverse events (sae) in clinical trials of medicinal products 1 if, in the course of a clinical trial, serious adverse events occur in participants, the investigator must document these in a standardised manner and notify the sponsor within 24 hours after they become known. events which are not to be reported according to the protocol are exempted.2 in the absence of provisions to the contrary in the protocol, the investigator shall notify the responsible ethics committee of a fatal serious adverse event occurring at a trial site in switzerland within 7 days.3 in the case of a multicentre clinical trial, the coordinating investigator shall also report events as specified in paragraph 2 to the responsible ethics committee concerned within the same period.4 the definition of serious adverse events is governed by the rules of good clinical practice as specified in annex 1 number 2.art. 41 suspected unexpected serious adverse reactions (susar) in clinical trials of medicinal products 1 if, in the course of a clinical trial, a suspected unexpected serious adverse reaction occurs in participants, the investigator must document this in a standardised manner and notify the sponsor within 24 hours after it becomes known.2 the investigator shall notify the responsible ethics committee of a fatal suspected unexpected serious adverse reaction occurring in switzerland within 7 days, and of any other suspected unexpected serious adverse reaction within 15 days.3 if, in the case of a multicentre clinical trial, a suspected unexpected serious adverse reaction occurs at one of the trial sites, the coordinating investigator shall also notify the responsible ethics committee concerned in accordance with paragraph 2, within the same period.4 for category b and c clinical trials, the notifications specified in paragraph 2 shall also be made to the agency. this obligation rests on the sponsor. for category a clinical trials, the sponsor is subject to the notification requirements specified in article 59 paragraphs 1 and 2 tpa.5 the definition of a suspected unexpected serious adverse reaction is governed by the rules of good clinical practice as specified in annex 1 number 2.art. 4224 serious adverse events (sae) and deficiencies in clinical trials of in vitro diagnostic medical devices 1 the investigator shall, within 7 days, notify the responsible ethics committee of the following:a. serious adverse events which occur in participants in switzerland in the course of a category c clinical trial of in vitro diagnostic medical devices and where it cannot be excluded that the events are attributable:1. to the in vitro diagnostic medical device under investigation, or2. to an intervention undertaken in the clinical trial;b. deficiencies in the in vitro diagnostic medical device under investigation that could have led to serious adverse events if suitable action had not been taken, intervention had not been made, or circumstances had been less fortunate.2 if, in the case of a multicentre clinical trial at one of the trial sites, serious adverse events or deficiencies occur deficiencies in the in vitro diagnostic medical device under investigation, the coordinating investigator shall also notify the responsible ethics committee concerned.3 for a category c clinical trial, the notifications specified in paragraph 1 shall also be made to the agency. this obligation rests on the sponsor. in addition, the sponsor shall notify the agency of any events occurring or deficiencies in the in vitro diagnostic medical device under investigation observed abroad. in the case of a category a clinical trial, the sponsor is subject to the notification requirements specified in article 15 paragraph 1 of the medical devices ordinance of 17 october 200125.4 the definition of serious adverse events and deficiencies an in vitro diagnostic medical devices is governed by the rules of good clinical practice as specified in annex 1 number 2.24 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).25 [as 2001 3487, 2010 1215]art. 43 reporting on the safety of participants 1 once a year, the investigator shall present to the responsible ethics committee a list of events and deficiencies in the in vitro diagnostic medical device under investigation and adverse reactions as specified in articles 40-42 and, on this basis, shall submit a report on their severity and causal relationship to the intervention, and on the safety of participants (annual safety report, asr).262 in the case of clinical trials also conducted abroad according to the same protocol, the events and deficiencies in the in vitro diagnostic medical device under investigation and adverse reactions occurring abroad must also be included in the list and the report.273 for category b and c clinical trials, reports as specified in paragraphs 1 and 2 must also be submitted to the agency. this obligation rests on the sponsor.26 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).27 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).art. 4428 assessment, notification and reporting on the use of radiation sources 1 in clinical trials involving medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo capable of emitting ionising radiation, and in investigations using radiation sources, the investigator shall assess compliance with the dose guidance value in accordance with article 45 of the radiological protection ordinance of 26 april 201729.2 if the permitted dose guidance value is exceeded at any time, the investigator shall notify the responsible ethics committee within seven working days of it becoming known.3 in the case of category b and c clinical trials with medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo that emit ionising radiation, notification in accordance with paragraph 2 must also be given to the agency. this obligation rests on the sponsor.4 the responsible ethics committee and the agency may obtain specialist advice from the foph in order to assess the dose calculation or the dose estimation and to decide what further measures are required.5 within a year of the completion or discontinuation of a clinical trial which included investigations involving radioactive sources, the investigator shall submit to the foph a final report including all information of relevance for radiological protection, and in particular a retrospective participant dose estimation.6 the reporting requirements in accordance with paragraph 5 do not apply in the case of routine nuclear medicine examinations involving authorised radiopharmaceuticals.7 within the framework of the opinion delivered in accordance with article 28, or on request, the foph may specify further exemptions from the reporting requirements in accordance with paragraph 5.28 amended by annex 11 no 6 of the radiological protection ordinance of 26 apr. 2017, in force since 1 jan. 2018 (as 2017 4261).29 sr 814.501art. 45 data retention requirements 1 the sponsor must retain all data relating to the clinical trial until the expiry date of the last batch supplied of the medicinal product investigated or of the last in vitro diagnostic medical device manufactured, but at least for ten years after the completion or discontinuation of the clinical trial.302 the investigator must retain all documents required for the identification and follow-up of participants, and all other original data, for at least ten years after the completion or discontinuation of the clinical trial.313 for clinical trials of transplant products and for clinical trials of blood and blood products, the retention requirements are governed by article 40 paragraph 1 tpa.30 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).31 amended by annex 2 no 2 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).section 6 inspections and official measures art. 46 agency inspections 1 the agency is entitled to inspect all clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo and transplant products.2 if the agency carries out inspections, it shall inform in advance the responsible ethics committee and other competent cantonal and federal authorities. they may participate in the inspection.3 the agency's powers are governed by article 62 of the medicinal products authorisation ordinance of 14 november 201832.4 the agency may additionally carry out inspections abroad at the sponsor's expense, if this is necessary to assess the clinical trial conducted in switzerland. the sponsor must be informed in advance.5 the agency shall inform the responsible ethics committee and other competent cantonal and federal authorities of the results of the inspection.32 sr 812.212.1. the reference has been amended on 1 jan. 2019 pursuant to art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512).art. 47 official measures of the agency the agency may revoke or suspend the authorisation granted or make the continuation of the clinical trial subject to additional conditions, in particular if:a. the safety or health of participants is at risk, particularly as a result of inadequate product safety or manufacturing defects;b. the quality of the data collected is poor;c. the clinical trial is not conducted in accordance with the application documents approved by the agency or by the ethics committee;d. the authorisation and notification requirements have not been complied with.art. 48 coordination and information 1 the responsible ethics committee, the agency and the other competent cantonal authorities shall coordinate in advance the official measures to be taken.2 the right is reserved to take measures which have to be ordered without delay in order to protect the safety or health of the persons concerned. the ethics committees and the other competent federal and cantonal authorities shall immediately inform each other about such measures.chapter 3 authorisation and notification procedures for clinical trials of the transplantation of human organs, tissues and cells section 1 general provisions art. 49 categorisation 1 a clinical trial of the transplantation of human organs, tissues and cells comes under category a if the transplantation to be investigated is recognised as standard in guidelines prepared in accordance with internationally accepted quality criteria.2 a clinical trial of the transplantation of human organs, tissues and cells comes under category c if the transplantation to be investigated is not recognised as standard as specified in paragraph 1.3 clinical trials of the transplantation of embryonic and foetal tissues and cells come under category c.art. 50 information and coordination in authorisation procedures 1 the investigator and the sponsor may simultaneously submit applications to the responsible ethics committee and to the foph.2 the responsible ethics committee and the foph shall inform each other about matters relating to the review areas specified both in article 25 and in article 53, and shall coordinate their assessments.section 2 procedure for the responsible ethics committee art. 51 for the procedure for the authorisation of clinical trials of transplantation by the responsible ethics committee, articles 24-29 apply mutatis mutandis.section 3 procedure for the foph art. 52 exemption from mandatory authorisation category a clinical trials are exempted from the requirement for authorisation from the foph specified in article 36 paragraph 1 of the transplantation act.art. 53 review areas for clinical trials of transplantation, the foph shall review:a. the completeness of the application;b. the origin of the organs, tissues or cells used in the clinical trial;c. compliance with the requirements of the transplantation legislation, particularly with regard to the duties of care in the handling of organs, tissues and cells, and the allocation of organs;d. the availability of the authorisations required in accordance with the transplantation act;e. other areas, where this is necessary to assess the safety and quality of the organs, tissues or cells used.art. 54 authorisation procedure 1 the sponsor shall submit to the foph the application documents specified in annex 4 for review.2 the foph may request additional information.3 for the procedure and deadlines, article 33 applies mutatis mutandis.art. 55 changes 1 significant changes to an authorised clinical trial must be authorised by the foph before being implemented. exempt from this requirement are measures which have to be taken immediately in order to protect the participants.2 the sponsor must submit to the foph any application documents specified in annex 4 which are affected by the change. at the same time, the sponsor shall provide information on the reasons for the change.3 the following are considered to be significant changes:a. new scientific knowledge, based in particular on new preclinical or clinical data, which affects the assessment of the safety of the organs, tissues or cells used; orb. changes relating to the origin, the tests to be performed or the storage of the organs, tissues or cells used.4 also considered significant in the case of clinical trials of the transplantation of embryonic or foetal tissues and cells are changes which may affect the safety of the participants.5 the foph shall reach a decision within 30 days of receipt of the complete set of application documents affected by the change. article 33 applies mutatis mutandis.6 other changes which affect documents submitted to the foph must be notified to the foph as quickly as possible.art. 56 special provisions for clinical trials of the transplantation of embryonic or foetal tissues and cells 1 the foph shall grant authorisation if, in addition to article 53, the requirements specified in article 34 of the transplantation ordinance of 16 march 200733 are met.2 it shall grant authorisation within 60 days or, in the case of significant changes, within 30 days after receipt of the complete application documents.3 for clinical trials of the transplantation of embryonic or foetal tissues and cells, articles 35, 36 and 38 of the transplantation ordinance additionally apply.33 sr 810.211section 4 notifications and reporting art. 57 1 for notifications and reporting in the case of clinical trials of transplantation, articles 37-41, 43 and 44 apply mutatis mutandis.342 the obligations which must be fulfilled under these provisions vis--vis the agency are to be fulfilled, for clinical trials of transplantation, vis--vis the foph.3 for clinical trials of transplantation, the duties of the sponsor and the investigator concerning documentation, traceability and retention of records are governed by articles 34 and 35 of the transplantation act.34 correction of 27 dec. 2013 (as 2013 5579).section 5 inspections and official measures art. 58 foph inspections 1 the foph may carry out inspections at any time and inspect all documents and data relating to a clinical trial of transplantation. it may request the cantonal authorities or third parties to carry out inspections.2 other powers and duties of cooperation are governed by article 63 paragraphs 2 and 3 and article 64 of the transplantation act.art. 59 official measures 1 the foph may revoke or suspend the authorisation granted or make the continuation of the clinical trial subject to additional conditions, particularly if:a. it has reason to assume that the requirements are no longer met, the documents specified in article 54 have been changed without due notification having been made, or the trial is not being conducted in accordance with these documents;b. such measures are necessitated by new information concerning safety or the scientific basis.2 for the coordination of measures and the exchange of information between the foph, the responsible ethics committee and other competent cantonal authorities, article 48 applies mutatis mutandis.chapter 4 other clinical trials section 1 general provisions art. 60 scope this chapter applies to clinical trials which are neither trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo or transplant products nor trials of transplantation.art. 61 categorisation 1 a clinical trial comes under category a if the health-related intervention investigated:a. entails only minimal risks and burdens; orb. is recognised as standard in guidelines prepared in accordance with internationally accepted quality criteria.2 a clinical trial comes under category b if the health-related intervention investigated:a. entails more than minimal risks and burdens; andb. is not recognised as standard as specified in paragraph 1 letter b.section 2 authorisation and notification procedures for the responsible ethics committee art. 62 applicable provisions the provisions which apply mutatis mutandis are:a. for the authorisation procedure for clinical trials, articles 24-29;b. for the notification of safety and protective measures, article 37 paragraph 1;c. for notification and reporting upon completion, discontinuation or interruption of a clinical trial, article 38 paragraphs 1-4;d. for reporting on the safety of participants, article 43 paragraphs 1 and 2;e. for data retention requirements, article 45 paragraph 2.art. 63 documentation and notification of serious adverse events 1 if, in the course of a clinical trial, serious adverse events occur in participants in switzerland, and it cannot be excluded that the events are attributable to the intervention under investigation, the investigator must document them in a standardised manner. in addition, the investigator shall report these events:a. to the sponsor within 24 hours after they become known; andb. to the responsible ethics committee within 15 days.2 a serious adverse event is defined as any event which:a. requires inpatient treatment not envisaged in the protocol or extends a current hospital stay;b. results in permanent or significant incapacity or disability;c. is life-threatening or results in death; ord. causes a congenital anomaly or birth defect.3 if necessary in order to guarantee participants' safety and health, further adverse events which must be documented or reported are to be designated in the protocol or at the request of the responsible ethics committee.4 if, in the case of a multicentre clinical trial, serious adverse events occur at one of the trial sites, the coordinating investigator shall also report the events as specified in paragraphs 1 and 3 to the responsible ethics committee concerned, within the same period.3535 correction of 27 dec. 2013 (as 2013 5579).chapter 5 registration art. 64 approved registries and data to be entered 1 for an authorised clinical trial, the sponsor must register the data specified in annex 5 number 1:a. in a primary registry36 recognised by the world health organization (who); orb. in the registry of the u.s. national library of medicine37.2 the sponsor shall additionally enter the data specified in annex 5 number 2 in the supplementary federal database, using a swiss national language.3 the data must be entered in the form authorised by the responsible ethics committee.36 the registries can be consulted at: www.who.int > programmes and projects > clinical trials - international registry platform.37 the registry can be consulted at: www.clinicaltrials.govart. 65 time of registration 1 the registration specified in article 64 must be performed before the clinical trial is conducted, subject to the provisions of paragraph 2.2 clinical trials in which the medicinal product under investigation is being administered to adult persons for the first time (phase i clinical trials) must be registered no later than one year after the completion of the clinical trial.3 the sponsor must update the data entered in accordance with the requirements of the registry in question, as specified in article 64 paragraph 1, but at least once a year.art. 66 responsibility the sponsor is responsible for the accuracy and completeness of the data entered.art. 67 portal 1 public access to information on clinical trials conducted in switzerland shall be guaranteed by a portal providing access to one or more registries.2 the portal shall enable in particular:a. linking of data in the supplementary federal database to data in the approved registry, as specified in article 64 paragraph 1;b. searching for clinical trials by keywords.3 the operation of the portal and of the supplementary federal database shall be guaranteed by the coordination office specified in article 10 of the hra organisation ordinance of 20 september 201338.38 sr 810.308chapter 6 final provisions art. 68 updating of annexes the federal department of home affairs may update annexes 1-5 in accordance with international or technical developments. it shall undertake updates which may give rise to technical barriers to trade in consultation with the federal department of economic affairs, education and research.art. 69 repeal of other legislation the following ordinances shall be repealed:1. ordinance of 14 june 199339 on the waiver of professional confidentiality in medical research;2. ordinance of 17 october 200140 on clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo;3. hiv studies ordinance of 30 june 199341.39 [as 1993 1983]40 [as 2001 3511, 2004 4037 no i 6, 2007 5651 no ii 3, 2010 1215 annex 7 4043, 2012 2777 annex 5 no 4]41 [as 1993 2294]art. 70 amendment of other legislation the amendment of other legislation is regulated in annex 6.art. 71 transitional provisions for clinical trials authorised under existing law 1 clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo and transplant products and trials of transplantation which were authorised before 1 january 2014 are considered to be category c clinical trials.2 other authorised clinical trials are considered to be category b clinical trials.3 on request, the authority which authorised the clinical trial before 1 january 2014 may assign the clinical trial to a different category. in this case, the liability, coverage, notification, reporting and documentation requirements are governed by the new law.4 the responsible ethics committee shall make the decision specified in paragraph 3 according to the simplified procedure specified in article 6 of the hra organisation ordinance of 20 september 201342.5 the assessment of significant changes is governed by the new law.42 sr 810.308art. 72 transitional provision for clinical trials not subject to authorisation under existing law the responsible ethics committee shall make a decision on applications concerning clinical trials not subject to authorisation under existing law, submitted in accordance with article 67 paragraph 2 hra, within six months after acknowledgement of receipt of the formally correct application documents.art. 73 transitional provision concerning mandatory registration the sponsor of an authorised clinical trial which is not completed within a year after the commencement of the hra must, within six months, enter the data specified in annex 5 number 1 in a registry, as specified in article 64 paragraph 1.art. 74 commencement this ordinance comes into force on 1 january 2014.annex 143 43 revised by no i of the fdha ordinance of 24 march 2017 (as 2017 2439) and annex no 1 of the o of 25 oct. 2017, in force since 26 nov. 2017 (as 2017 5935). (art. 3, 5, 19, 39-42)rules and classifications 1 guidelines on scientific integrity the applicable guidelines are the principles and procedures for integrity in scientific research issued by the swiss academies of arts and sciences, in the version dated 28 february 200844.44 these guidelines can be obtained against payment or consulted free of charge at the federal office of public health, ch-3003 bern; they can also be accessed online at: www.akademien-schweiz.ch > publications > guidelines and recommendations.2 rules of good clinical practice the applicable rules of good clinical practice are:1. for clinical trials of medicinal products and transplant products: the guideline for good clinical practice issued by the international conference on harmonisation, in the version dated 9 november 201645 (ich guideline);2. for clinical trials of medical devices: annexes viii and x to directive 93/42/eec46 and annexes 6 and 7 to directive 90/385/eec47 and the requirements specified in en iso 14155:201148. the definition of serious adverse events in accordance with article 42 is based on the guidelines on in vitro diagnostic medical devices and products under article 2a paragraph 2 tpa (meddev 2.7/3) of may 201549;3. for clinical trials as specified in chapters 3 and 4 of this ordinance: the ich guideline mutatis mutandis.45 this guideline can be obtained against payment or consulted free of charge at the federal office of public health, ch-3003 bern; it can also be accessed online at: www.ich.org > work products > efficacy guidelines.46 council directive 93/42/eec of 14 june 1993 concerning medical devices, oj l 169, 12.7.1993, p. 1; last amended by directive 2007/47/ec, oj l 247, 21.9.2007, p. 21.47 council directive 90/385/eec of 20 june 1990 on the approximation of the laws of the member states relating to active implantable medical devices, oj l 189, 20.7.1990, p. 17; last amended by directive 2007/47/ec, oj l 247, 21.9.2007, p. 21.48 this standard can be consulted free of charge at the federal office of public health, ch3003 bern and at the swiss agency for therapeutic products, ch-3003 bern. it can also be purchased from the swiss association for standardisation, sulzerallee 70, 8404 winterthur; www.snv.ch.49 these guidelines can be consulted free of charge at the federal office of public health, ch-3003 bern, or accessed online at: www.ec.europa.eu/growth/ > sectors > medical devices > guidance.3 international classification of diseases the applicable classification is the 2010 version of the international classification of diseases issued by the world health organization (who) (icd-10)50; the relevant disease groups are those identified by three-character codes.50 the classification can be obtained against payment or consulted free of charge at the federal office of public health, ch-3003 bern; it can also be accessed online at: www.who.int > health topics > classifications of disease.annex 2 (art. 13)policy values for liability coverage 1. for category a clinical trials where any measures for the collection of health-related personal data or the sampling of biological material entail more than only minimal risks and burdens, the policy value shall be at least:a. per person: 250 000 swiss francs;b for damage to property: 20 000 swiss francs;c. for the entire clinical trial: 3 million swiss francs.2. for other clinical trials, the policy value shall be at least:a. per person: 1 million swiss francs;b. for damage to property: 50 000 swiss francs;c. for the entire clinical trial: 10 million swiss francs.annex 3 (art. 24, 27-29)application documents to be submitted to the responsible ethics committee for the procedure for clinical trials 1 application documents for category a clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo and transplant products 1.1 basic form, including a summary of the protocol in the national language of the trial site and reasons for the requested categorisation;1.2 protocol;1.3 case report form (crf);1.4 information sheet and informed consent form, and recruitment documents, in particular the wording of announcements or advertisements;1.5 other documents issued to participants;1.6 information on the type and amount of remuneration for participants;1.7 for clinical trials of medicinal products: the prescribing information;1.8 for clinical trials of in vitro diagnostic medical devices and products under article 2a paragraph 2 tpa: the conformity marking, including the intended use and instructions;1.9 for clinical trials not using proprietary products: proof of compliance with good manufacturing practice and correct labelling of the medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo;1.10 the investigator's cv, including evidence of his or her knowledge and experience, and a list of the other persons conducting the clinical trial, indicating their responsibilities and relevant professional knowledge;1.11 information on the suitability and availability of infrastructure at the trial site;1.12 information on the secure handling of personal data;1.13 agreements between the sponsor, or third parties acting on the sponsor's behalf, and the investigator, in particular with regard to the financing of the clinical trial, remuneration of the investigator and publication;1.14 certificate of insurance or other proof of coverage for possible damage, including agreements on this matter between the sponsor, or a third party acting on the sponsor's behalf, and the investigator;1.15 any decisions or opinions of ethics committees abroad concerning the clinical trial, including any conditions imposed and the reasons given.2 application documents for category b and c clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo and transplant products 2.1 basic form, including a summary of the protocol in the national language of the trial site and reasons for the requested categorisation;2.2 protocol;2.3 case report form (crf);2.4 information sheet and informed consent form, and recruitment documents, in particular the wording of announcements or advertisements;2.5 other documents issued to participants;2.6 information on the type and amount of remuneration for participants;2.751 for category b clinical trials of medicinal products: the prescribing information and the investigator's brochure (ib), giving details of how the use of the product differs from the dosage/indication specified in the prescribing information;2.8 for category c clinical trials of medicinal products: the investigator's brochure (ib);2.9 for category c clinical trials of medical devices with no assessment of conformity: the documents specified in annex 4 number 3.4 letter a;2.10 for category c clinical trials of medical devices bearing a conformity marking which are not used in accordance with the intended purpose or the instructions: the documents specified in annex 4 number 3.5 letters a-d;2.11 the investigator's cv, including evidence of his or her knowledge and experience, and a list of the other persons conducting the clinical trial, indicating their responsibilities and relevant professional knowledge;2.12 information on the suitability and availability of infrastructure at the trial site;2.13 information on the secure handling of personal data;2.14 agreements between the sponsor, or third parties acting on the sponsor's behalf, and the investigator, in particular with regard to the financing of the clinical trial, remuneration of the investigator and publication;2.15 certificate of insurance or other proof of coverage for possible damage, including agreements on this matter between the sponsor, or a third party acting on the sponsor's behalf, and the investigator;2.16 for clinical trials of gene therapy: the information specified in annex 4 number 4;2.17 any decisions or opinions of ethics committees abroad concerning the clinical trial, including any conditions imposed and the reasons given.51 correction of 27 dec. 2013 (as 2013 5579).3 application documents for clinical trials of transplantation and for clinical trials not involving medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo 3.1 basic form, including a summary of the protocol in the national language of the trial site and reasons for the requested categorisation;3.2 protocol;3.3 case report form (crf);3.4 information sheet and informed consent form, and recruitment documents, in particular the wording of announcements or advertisements;3.5 other documents issued to participants;3.6 information on the type and amount of remuneration for participants;3.7 for clinical trials of transplantation of human organs, tissues and cells: information on donor information and consent;3.8 for category a clinical trials of transplantation of human organs, tissues and cells: in addition to the information specified in number 3.7, information on:a. the origin and quality of the organs, tissues or cells used, and in particular on the tests performed in this connection,b. compliance with duties of care, particularly with regard to the assessment of fitness to donate and mandatory testing, and the subsequent handling of organs, tissue and cells,c. authorisation, if handling of the organs, tissues or cells used is subject to authorisation under the transplantation act;3.9 the investigator's cv, including evidence of his or her knowledge and experience, and a list of the other persons conducting the clinical trial, indicating their responsibilities and relevant professional knowledge;3.10 information on the suitability and availability of infrastructure at the trial site;3.11 information on the secure handling of personal data;3.12 agreements between the sponsor, or third parties acting on the sponsor's behalf, and the investigator, in particular with regard to the financing of the clinical trial, remuneration of the investigator and publication;3.13 certificate of insurance or other proof of coverage for possible damage, including agreements on this matter between the sponsor, or a third party acting on the sponsor's behalf, and the investigator;3.14 for clinical trials of transplantation of genetically modified human organs, tissues and cells: the information specified in annex 4 number 6.7;3.15 any decisions or opinions of ethics committees abroad concerning the clinical trial, including any conditions imposed and the reasons given.4 application documents for the ethics committees concerned in multicentre clinical trials 4.1 basic form, including a summary of the protocol in the national language of the trial site and reasons for the requested categorisation;4.2 protocol;4.3 information sheet and informed consent form, and recruitment documents, in particular the wording of announcements or advertisements, used at the site in question;4.4 the cv of the investigator responsible at the site in question, including evidence of his or her knowledge and experience, and a list of the other persons conducting the clinical trial at the site in question, indicating their responsibilities and relevant professional knowledge;4.5 information on the suitability and availability of infrastructure at the trial site in question;4.6 agreements between the sponsor, or third parties acting on the sponsor's behalf, and the coordinating investigator and other investigators at the other sites, in particular with regard to the remuneration of the investigator at the site in question;4.7 certificate of insurance or other proof of coverage for possible damage occurring at the trial site in question, including agreements on this matter between the sponsor, or a third party acting on the sponsor's behalf, and the investigator.5 additional application documents for category a clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo capable of emitting ionising radiation, and for investigations involving radiation sources 5.1 details of all relevant radiological protection aspects, and in particular a calculation or estimate of the effective dose, organ doses and any tumour doses;5.2 the licences required under article 28 of the radiological protection act of 22 march 199152.52 sr 814.506 additional application documents for clinical trials which include investigations involving radiation sources and require an opinion from the foph in accordance with article 28 paragraph 2 6.1 information on the properties of the radiopharmaceutical, and in particular on pharmacokinetics, quality, stability, radiochemical purity and radionuclide purity;6.2 for authorised radiopharmaceuticals: the prescribing information;6.3 for non-authorised radiopharmaceuticals: information on the manufacturing and quality control processes for the radiopharmaceutical, the names of the persons responsible for these processes and details of their professional qualifications;6.4 the names of the persons responsible for the use of the radiopharmaceutical in humans and details of their professional qualifications;6.5 information specified in the foph form for clinical trials of radiopharmaceuticals or radiolabelled compounds53.53 this form can be obtained [in french/german] from the federal office of public health, radiological protection division, ch-3003 bern; it can also be accessed online at: www.bag.admin.ch > themen > strahlung, radioaktivitt und schall.annex 4 (art. 31, 34-36, 54, 55)application documents to be submitted to the swiss agency for therapeutic products or to the foph for the procedure for clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo and transplant products, clinical trials of gene therapy and of genetically modified or pathogenic organisms, and clinical trials of transplantation 1 application documents for category b clinical trials of medicinal products and transplant products 1.1 basic form;1.2 protocol;1.3 prescribing information for the medicinal product or transplant product;1.4 documents on the quality of the medicinal product, only concerning any changes in the composition and manufacturing thereof;1.5 investigator's brochure (ib), only concerning changes in the administration of the medicinal product;1.6 proof of compliance with good manufacturing practice (gmp);1.7 proof of compliance with correct labelling;1.8 any decisions of foreign drug regulatory authorities concerning the clinical trial, including any conditions imposed and the reasons given;1.9 information on any applications currently being reviewed by an ethics committee in switzerland, and on any decisions of ethics committees in switzerland.2 application documents for category c clinical trials of medicinal products and transplant products 2.1 basic form;2.2 protocol;2.3 documents on the quality of the medicinal product or transplant product;2.4 investigator's brochure (ib), including information on risk assessment; if the medicinal product under investigation is authorised for the proposed use in a country with a comparable drug regulation system, the relevant prescribing information may be submitted; for clinical trials in which the medicinal product or transplant product under investigation is being used in persons for the first time: in addition, the study reports cited in the ib;2.5 for trials of transplant products or gene therapy: documents on preclinical and toxicology studies;2.6 proof of compliance with good manufacturing practice (gmp);2.7 proof of compliance with correct labelling;2.8 any decisions of foreign drug regulatory authorities concerning the clinical trial, including any conditions imposed and the reasons given;2.9 information on any applications currently being reviewed by an ethics committee in switzerland, and on any decisions of ethics committees in switzerland.3 application documents for category c clinical trials of medical devices 3.1 basic form;3.2 protocol;3.3 case report form (crf);3.4 for clinical trials of a medical device with no conformity marking: the relevant documentation, comprising:a. investigator's brochure (ib), with a compilation of current clinical and non-clinical information on the product under investigation and its components,b. list of the applicable standards for medical devices and description of all deviations,c. documentation of and reasons for any deviations from the standard iso 14155,d. manufacturer's statement or release in accordance with annex viii to directive 93/42/eec54 or annex 6 to directive 90/385/eec55,e. confirmation that documentation is being kept available as specified in annex viii to directive 93/42/eec or annex 6 to directive 90/385/eec,f. if the sponsor of the clinical trial and the manufacturer of the product are not identical: agreement on risk management between the sponsor and manufacturer;3.5 for clinical trials of a medical device bearing a conformity marking which is not used in accordance with the intended purpose or the instructions: the relevant documentation, comprising:a. information on the conformity of the medical device,b. product information on the medical device,c. risk analysis for the new use and safety measures derived therefrom,d. other elements of the ib concerning the new use,e. list of the applicable standards for medical devices, description of deviations from these standards associated with the new use,f. documentation of and reasons for any deviations from the standard iso 14155;3.6 information sheet and informed consent form;3.7 any decisions of foreign medical device regulatory authorities concerning the clinical trial, including any conditions imposed and the reasons given;3.8 information on any applications currently being reviewed by an ethics committee in switzerland, and on any decisions of ethics committees in switzerland.54 council directive 93/42/eec of 14 june 1993 concerning medical devices, oj l 169, 12.7.1993, p. 1; last amended by directive 2007/47/ec, oj l 247, 21.9.2007, p. 21.55 council directive 90/385/eec of 20 june 1990 on the approximation of the laws of the member states relating to active implantable medical devices, oj l 189, 20.7.1990, p. 17; last amended by directive 2007/47/ec, oj l 247, 21.9.2007, p. 21.4 additional application documents for category b and c clinical trials of gene therapy and of genetically modified or pathogenic organisms 4.1 information on the risks of the investigational product containing genetically modified or pathogenic organisms;4.2 risk assessment of the conduct of the clinical trial with regard to the protection of human health and the environment;4.3 a description of the safety measures required for the protection of human and animal health and the environment, and in particular to prevent the release of microorganisms into the environment during and after transplantation, and during transport, storage and disposal.5 additional application documents for clinical trials of medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo capable of emitting ionising radiation 5.1 details of all relevant radiological protection aspects, and in particular a calculation or estimate of the effective dose, organ doses and any tumour doses;5.2 the licences required under article 28 of the radiological protection act of 22 march 199156;5.3 for medicinal products, in vitro diagnostic medical devices or combinations under article 2 letters f-h meddo containing radioactive sources57:a. information on the properties of the radiopharmaceutical, and in particular on pharmacokinetics, quality, stability, radiochemical purity and radionuclide purity,b. for authorised radiopharmaceuticals: the prescribing information,c. for non-authorised radiopharmaceuticals: information on the manufacturing and quality control processes for the radiopharmaceutical, the names of the persons responsible for these processes and details of their professional qualifications,d. the names of the persons responsible for the use of the radiopharmaceutical in humans and details of their professional qualifications,e. information specified in the foph form for clinical trials of radiopharmaceuticals or radiolabelled compounds58.56 sr 814.5057 german text amended by annex 11 no 6 of the radiological protection ordinance of 26 apr. 2017, in force since 1 jan. 2018 (as 2017 4261).58 this form can be obtained [in french/german] from the federal office of public health, radiological protection division, ch-3003 bern; it can also be accessed online at: www.bag.admin.ch > themen > strahlung, radioaktivitt und schall.6 application documents for category c clinical trials of transplantation of human organs, tissues and cells 6.1 basic form;6.2 protocol;6.3 proof of the origin of the organs, tissues or cells used;6.4 documents on the quality of the organs, tissues or cells used, and in particular on the tests performed;6.5 proof of compliance with duties of care, particularly with regard to the assessment of fitness to donate and mandatory testing, and the procedure in the event of reactive test results;6.6 proof of compliance with correct labelling;6.7 authorisation, if handling of the organs, tissues or cells used is subject to authorisation;6.8 any decisions of foreign regulatory authorities concerning the clinical trial, including any conditions imposed and the reasons given;6.9 information on any applications currently being reviewed by an ethics committee in switzerland, and on any decisions of ethics committees in switzerland.annex 5 (art. 64)content of registration 1 data to be entered in a registry the data specified in version 1.2.1 of the who trial registration data set59 must be entered in a registry as specified in article 64 paragraph 1.59 the trial registration data set can be consulted free of charge at the federal office of public health, ch-3003 bern: www.bag.admin.ch. it can also be accessed online at: www.who.int > programmes and projects > clinical trials - international registry platform > registry network.2 data to be entered in the supplementary database in the supplementary database specified in article 64 paragraph 2, the following data must be entered in a swiss national language:a. the name of the registry specified in article 64 paragraph 1 in which the data was entered, together with the time of registration and the identification number issued by the registry;b. the title of the clinical trial and a summary of the study protocol in layfriendly language;c. the health-related intervention being studied;d. the disease or condition being studied;e. eligibility and exclusion criteria;f. trial sites.annex 6 (art. 70)amendment of other legislation the following ordinances shall be amended as follows:.6060 the amendments may be consulted under as 2013 3407.

810.306english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on clinical trials with medical devices(clino-md)of 1 july 2020 (status as of 26 may 2021)the swiss federal council,based on the human research act of 30 september 20111 (hra)and on articles 54 paragraphs 3, 6 and 8, 54b paragraphs 2 and 3 and 82 of the therapeutic products act of 15 december 20002 (tpa),ordains:1 sr 810.302 sr 812.21chapter 1 general provisions section 1 subject matter, definitions and applicable provisions art. 1 subject matter 1 this ordinance shall regulate:a. the requirements pertaining to clinical trials with medical devices and other devices in accordance with article 1 of the medical devices ordinance of 1 july 2020 (meddo)3;b. the approval and reporting procedures for clinical trials involving the devices in accordance with letter a;c. the duties and responsibilities of research ethics committees (ethics committees), the swiss agency for therapeutic products (swissmedic) and the federal office of public health (foph) in connection with the approval and reporting procedures;d. the registration of clinical trials involving devices in accordance with letter a;e. public access to information concerning clinical trials.2 in this ordinance, the term devices is used to designate all products defined in paragraph 1 letter a.3 sr 812.213art. 2 definitions the following definitions shall apply in this ordinance:a. clinical trial means the systematic investigation of a device involving one or more persons for the purpose of assessing the safety or performance of the device;b. conformity-related clinical trial means a clinical trial conducted to demonstrate the conformity of the device being investigated;c. contracting state means any state that is bound to mutually recognise conformity assessments and conformity procedures for devices by an agreement with switzerland under international law based on equivalent legislation;d. sponsor means any individual or institution or organisation that takes responsibility for the initiation of a clinical trial - specifically its instigation, management and financing - in switzerland;e. investigator means any individual responsible for the conduct of a clinical trial and for the protection of the participants at a clinical trial site; any participant who assumes responsibility for initiating a clinical trial in switzerland is simultaneously the trial's sponsor.art. 3 applicable provisions 1 the following provisions of the ordinance of 20 september 20134 on clinical trials in human research (clino) apply to clinical trials with devices:a. for scientific integrity and scientific quality: articles 3 and 4 clino;b. for participant information, consent and withdrawal of consent: articles 7-9 clino;c. for liability and indemnification: article 10 paragraphs 1 letter c and 2 and article 11-14 clino;d. for the conduct of clinical trials in emergency situations: articles 15-17 clino;e. for the storage of personal health data and biological material: article 18 clino;f. for inspections and administrative measures: article 46 paragraphs 1, 2, 4 and 5 and article 47 and 48 clino.2 the powers exercised by swissmedic and the duty to cooperate and provide information incumbent on the sponsor and investigator in the event of inspections and administrative measures are governed mutatis mutandis by articles 77 and 78 meddo5.3 clinical trials with in vitro diagnostic devices, devices as specified in art. 2a paragraph 2 tpa or combinations as specified in article 2 paragraph 1 letters f and g meddo are subject to clino.64 sr 810.3055 sr 812.2136 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).section 2 general obligations of the sponsor and investigator and professional qualifications art. 4 general obligations of the sponsor and investigator 1 the sponsor and investigator must conduct clinical trials in accordance with article 72 and chapters i and iii of annex xv to regulation (eu) 2017/7457 on medical devices (eu-mdr).2 compliance with the requirements of paragraph 1, specified in greater detail by designated technical standards8 or common specifications in accordance with article 9 paragraph 1 eu-mdr, is presumed if the clinical trial is conducted in accordance with those standards or specifications. article 6 paragraph 5 meddo9 applies mutatis mutandis.3 if the sponsor is not domiciled in switzerland and does not have a place of business there, it must designate an agent that is domiciled or has a place of business in switzerland as an address for correspondence. this agent must ensure compliance with the sponsor's obligations.7 regulation (eu) no 2017/745 of the european parliament and of the council of 5 april 2017 on medical devices, amending directive 2001/83/ec, regulation (ec) no 178/2002 and regulation (ec) no 1223/2009 and repealing council directives 90/385/eec and 93/42/eec, oj l 117 of 5.5. 2017, p. 1; last amended by regulation (eu) 2002/561, oj l 130 of 24.4.2020, p. 18.8 the electrical standards can be obtained from the industry association electrosuisse, luppmenstrasse 1, 8320 fehraltorf, www.electrosuisse.ch, and the other standards from the swiss association for standardization (snv), sulzerallee 70, 8404 winterthur, www.snv.ch9 sr 812.213art. 5 professional qualifications 1 clinical trial investigators must:a. be entitled to practise independently as a doctor or in another profession that specifically qualifies them to conduct the clinical trial;b. demonstrate adequate knowledge of the internationally recognised requirements for the conduct of clinical trials and the specialist knowledge and experience required for the clinical trial; andc. possess knowledge of the legal requirements governing clinical trials or be able to guarantee the availability of such knowledge by recruiting appropriate expertise.2 the remaining people conducting the clinical trial must possess the training or experience in the specialist field that is required to conduct clinical trials.chapter 2 approval and reporting procedures section 1 general provisions art. 6 categorisation of clinical trials 1 clinical trials fall into category a if: a. the device to be investigated carries a conformity marking in accordance with article 13 meddo10; b. the device to be investigated is used in accordance with the instructions for use; andc. it is not prohibited to make the device to be investigated available on the market, put it into service or use it in switzerland.2 category a clinical trials are divided into sub-categories as follows:a. if the participants do not undergo additional invasive or stressful procedures compared with the procedures applied when the device is used under normal conditions: sub-category a1;b. if the participants undergo additional invasive or stressful procedures compared with the procedures applied when the device is used under normal conditions: sub-category a2.3 clinical trials fall into category c if:a. the device carries a conformity marking in accordance with article 13 meddo but is not used in accordance with the instructions for use (sub-category c1);b. the device does not carry a conformity marking in accordance with article 13 meddo (sub-category c2); orc. it is prohibited to make the device available on the market, put it into service or use it in switzerland (sub-category c3).10 sr 812.213art. 7 exemption from mandatory approval category a clinical trials are exempt from the requirement to obtain approval from swissmedic set out in article 54 paragraph 1 tpa.art. 8 data processing in electronic systems and information sharing 1-5 .116 the medical devices information system in accordance with article 62c tpa and the information system operated by the cantons in accordance with article 56a hra may contain information on administrative or criminal proceedings or sanctions concerning the sponsor, investigator or manufacturer that swissmedic and the competent ethics committee require in order to fulfil their duties under this ordinance.7 swissmedic shall, upon request, forward the highly sensitive data in accordance with paragraph 6 to the ethics committees.11 to come into force in due course (art. 50 para. 2).art. 9 information and coordination for approval procedures the competent ethics committee and swissmedic shall provide information to each other on the following aspects and coordinate their assessments:a. categorisation of the clinical trial in accordance with article 6;b. aspects concerning the review areas in accordance with article 11 and article 17;c. the conduct of the procedures set out in articles 12 and 19 and in chapter 3.section 2 procedures to be performed by the competent ethics committee art. 10 application 1 the sponsor shall submit the application documents specified in annex 1.122 the ethics committee may demand additional information.3 the investigator may submit the application in place of the sponsor. in this case, it assumes the duties of the sponsor as set out in articles 14 and 15 and the duty to notify and report to the competent ethics committee. the sponsor must co-sign the application documents.12 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 11 review areas the areas to be reviewed by the ethics committee are governed by article 25 clino13.13 sr 810.305art. 12 procedures and time limits 1 the ethics committee shall confirm receipt of the application to the sponsor within 10 days and notify the sponsor of any formal shortcomings in the application documents. it shall give the applicant 10 days to rectify the shortcomings and inform the applicant that it will not admit the application if the shortcomings are not rectified within the deadline.2 it shall make its decision within 40 days of confirming receipt of the formally correct application documents. 3 if the ethics committee demands additional information in accordance with article 10 paragraph 2, the 40-day period shall be paused until the information is received.art. 13 multi-centre clinical trials 1 the sponsor shall submit its application for a multi-centre clinical trial in accordance with article 47 paragraph 2 hra to the ethics committee responsible for the coordinating investigator. the coordinating investigator may submit the application in place of the sponsor. article 10 paragraph 3 applies mutatis mutandis.2 the coordinating investigator is the person with responsibility in switzerland for coordinating the investigators responsible for the various trial sites.3 the lead committee shall confirm receipt of the application to the sponsor within 10 days and notify it of any formal shortcomings in the application documents. it shall give the applicant 10 days to rectify the shortcomings and inform the applicant that it will not admit the application if the shortcomings are not rectified within the deadline. upon application, the lead committee may extend these deadlines by a period of five days in each case.4 it shall notify the ethics committees responsible for the trial sites (participating ethics committees) that it has received the application. these shall review the local conditions and notify the lead committee of their evaluation within 15 days.5 the lead committee shall make its decision within 40 days of confirming receipt of the formally correct application documents.art. 14 procedure for investigations involving radiation sources 1 for investigations involving radiation sources, the sponsor shall submit the additional application documents specified in annex 1 number 4. the approval procedure shall be governed by articles 10-13 and 15, subject to the paragraphs below.142 the sponsor shall submit the additional application documents specified in annex 1 number 5 if the effective dose, taking account of the uncertainty factor, exceeds 5msv per person and year and:15a. the trial involves a radiopharmaceutical that is not authorised in switzerland;b. the trial involves a radiopharmaceutical that is authorised in switzerland but does not involve a routine nuclear medical investigation; orc. the trial involves a different radioactive source.3 the ethics committee shall forward the application documents to the foph in accordance with annex 1 number 5.4 the foph shall send the ethics committee its comments on compliance with radiological protection legislation and on the estimated dose. it may grant exemptions to the reporting obligation in accordance with article 39 paragraph 5.5 the ethics committee shall approve the trial if:a. the requirements set out in article 11 are fulfilled; andb. the foph has not submitted any objections to the clinical trial within a reasonable period.6 it shall notify the foph of its decision.14 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).15 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 15 amendments 1 all amendments to an approved clinical trial that could have a significant impact on the safety, health or rights of participants and on the robustness or reliability of the clinical data obtained (substantial amendments) must be approved by the ethics committee prior to their adoption. this obligation does not extend to measures that have to be taken immediately to protect trial participants.2 the sponsor shall submit any application documents specified in article 10 paragraph 1 that are affected by the amendment. amendments must be clearly marked. the sponsor shall submit information on the nature of and reasons for the amendment at the same time.3 the ethics committee shall issue its decision on substantial amendments within 30 days. article 12 applies mutatis mutandis. 4 where a further clinical trial site is to be added and that site lies outside the competence of the ethics committee that approved the clinical trial, the procedure set out in article 13 applies mutatis mutandis.5 other amendments must be reported to the ethics committee with the annual safety report as specified in article 35.6 for clinical trials in sub-category a2, the sponsor shall also notify the contracting states in which the clinical trial is being conducted or is due to be conducted of the nature of and reasons for the amendments; it shall attach the documents as specified in annex 1 which are affected by the amendments.section 3 approval procedures to be performed by swissmedic art. 16 application 1 the sponsor shall submit the application documents specified in annex 1 number 2.2 swissmedic may demand additional information.3 if the sponsor withdraws its application for conformity-related clinical trials in sub-categories c1 and c2 before swissmedic has made a decision, it shall inform the contracting states in which the clinical trial is being conducted or is due to be conducted.art. 17 review areas 1 for clinical trials, swissmedic shall verify:a. whether the application is complete;b. whether the requirements of article 54 paragraph 4 letter b tpa are fulfilled.2 it shall conduct a simplified review if the sponsor demonstrates the following in its application:a. the clinical trial falls into sub-category c1 or c2 and involves a non-invasive device classified as class i or iia under article 15 meddo16;b. use of the device to be investigated entails at most minimal risk for the trial participants;c. the investigator has signed a written agreement with the sponsor requiring the investigator to notify the sponsor without delay of serious adverse events or any other incident as specified in article 32;d. the sponsor operates a risk management and safety monitoring system.3 swissmedic shall restrict its simplified review to determining whether the application is complete and the evidence required under paragraph 2 has been provided.16 sr 812.213art. 18 clinical trials with devices capable of emitting ionising radiation 1 the additional application documents specified in annex 1 numbers 4 and 5 must be submitted for category c clinical trials.172 swissmedic shall invite the foph to submit its comments before it approves trials. the foph shall review compliance with radiological protection legislation and the estimated dose.3 swissmedic shall approve the trial if:a. the requirements set out in article 17 are fulfilled; andb. the foph has not submitted any objections to the clinical trial within an appropriate period.4 it shall notify the foph of its decision.17 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 19 procedures and time limits 1 swissmedic shall confirm receipt of the application to the sponsor within 10 days and notify it of any formal shortcomings in the application documents. it shall give the applicant 10 days to rectify the shortcomings and inform the applicant that it will not admit the application if the shortcomings are not rectified within the deadline. upon application, swissmedic may extend the deadline for rectifying the shortcomings by 20 days.2 it shall make its decision within 45 days of confirming receipt of the formally correct application documents. it may only approve a clinical trial if the competent ethics committee has approved it beforehand.3 swissmedic shall also inform the contracting states if it rejects the application.4 if a device is being used in humans for the first time or manufactured using a new process, swissmedic may extend the period specified in paragraph 2 by no more than 20 days. it shall notify the sponsor of the extension.5 if swissmedic demands additional information as specified in article 16 paragraph 2, the 45-day period shall be paused until the information is received.art. 20 amendments 1 substantial amendments to an approved clinical trial, in accordance with article 15 paragraph 1, must be submitted to swissmedic for approval prior to their adoption. this obligation does not extend to measures that have to be taken immediately to protect trial participants. 2 the sponsor shall submit to swissmedic the application documents as specified in article 16 paragraph 1 that are affected by the amendment. it shall submit information on the nature of and reasons for the amendment at the same time.3 swissmedic shall make its decision within 38 days of receiving all the application documents affected by the amendment. article 19 applies mutatis mutandis. this period may be extended by seven days.4 other amendments applicable to the application documents submitted to swissmedic must be notified to swissmedic as quickly as possible.4bis for conformity-related clinical trials in sub-categories c1 and c2 that are also being conducted or are also due to be conducted in eu or eea states, the sponsor shall notify swissmedic of the nature of and reasons for substantial amendments to the clinical trial in eu or eea states that affect the protocol, investigational device or instructions for use for the investigational device.185 the sponsor of a conformity-related clinical trial in sub-categories c1 and c2 shall also notify the contracting states in which the clinical trial is being conducted or is due to be conducted of the nature of and reasons for the amendments; it shall attach the documents as specified in annex 1 which are affected by the amendments.18 inserted by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).chapter 3 coordinated assessment procedure art. 21-3119 19 to come into force in due course (art. 50 para. 2).chapter 4 documentation, notifications and reporting section 1 documentation and reporting of incidents and of safety and protection measures art. 32 documentation of adverse events 1 the sponsor must document the following adverse events that occur during a clinical trial in a standardised form:a. adverse events of all types designated in the protocol as crucial to assessing the results of the clinical trial;b. all serious adverse events:c. any device deficiency that could have resulted in serious adverse events under less propitious circumstances or if appropriate action or an intervention had not taken place;d. all new findings relating to a documented incident as specified in letters a-c. 2 the sponsor shall provide swissmedic and the competent ethics committee with the documentation specified in paragraph 1 upon request.3 the definitions of adverse events and device deficiencies are those in article 2 numbers 57-59 eu-mdr20.20 see the footnote to art. 4 para. 1.art. 33 reporting of serious adverse events21 1 for category c clinical trials, the sponsor shall notify swissmedic and the competent ethics committee without delay of:a. each serious adverse event that has a causal relationship with the investigational device, the comparator device or a test procedure or where a causal relationship appears entirely possible;b. any device deficiency that could have resulted in serious adverse events under less propitious circumstances or if appropriate action or an intervention had not taken place;c. all new findings relating to a reported incident as specified in letters a and b.1bis for conformity-related clinical trials in sub-categories c1 and c2 that are also being conducted abroad, the sponsor shall also notify swissmedic and the competent ethics committee without delay of all incidents, device deficiencies and findings as specified in paragraph 1 which arise from the conduct of the clinical trial abroad.222 to ensure reporting is not delayed, the sponsor may provisionally submit an incomplete report. 3 for conformity-related clinical trials in sub-categories c1 and c2, the sponsor shall also provide reports in accordance with paragraph 1 to those contracting states in which the clinical trial is being conducted or is due to be conducted4 for category a clinical trials, the sponsor shall report:a. to the competent ethics committee: without delay any serious adverse event for which a causal relationship between the event and the test procedure used in the clinical trial has been ascertained; paragraph 2 is applicable;b. to swissmedic and the competent ethics committee: the reports as specified in articles 87-90 eu-mdr23.21 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).22 inserted by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).23 see the footnote to art. 4 para. 1.art. 34 reporting of safety and protective measures 1 if safety and protective measures have to be implemented without delay during the course of a clinical trial, the sponsor shall report these measures and the circumstances that necessitated them to the ethics committee within two days.1bis for clinical trials that are also being conducted or are also due to be conducted in eu or eea states, the sponsor shall also notify the ethics committee within two days of all prescribed or voluntary safety and protective measures that are being implemented in eu or eea states and the circumstances that necessitated them.242 the sponsor must report any clinical trial that is terminated or interrupted for reasons of safety in accordance with article 36 paragraph 4.3 for category c clinical trials, reporting under paragraphs 1 and 1bis must also be submitted to swissmedic.254 for conformity-related clinical trials in sub-categories c1 and c2, the sponsor shall also provide reports under paragraph 1 to the contracting states in which the clinical trial is being conducted or is due to be conducted24 inserted by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).25 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).section 2 reporting on the safety of participants and reporting at the conclusion, termination or interruption of a clinical trial art. 35 annual reporting on the safety of participants 1 once a year, the sponsor shall submit to the competent ethics committee a list of the serious adverse events and device deficiencies in accordance with article 33 and provide it with a report on their severity, causal relationship with the device and the intervention, as well as on the safety of the participants (annual safety report, asr).2 for category c clinical trials that are also being conducted abroad, the list and report must also include adverse events and device deficiencies that occurred abroad.2bis for category c clinical trials that are also being conducted in, or are also due to be conducted in, eu or eea states, the report in accordance with paragraph 2 must include the status of the clinical trial in the states in question.2626 inserted by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 36 reporting the conclusion, termination and interruption of a clinical trial 1 the sponsor shall report the conclusion of the clinical trial in switzerland to the ethics committee within 15 days.2 unless otherwise specified in the protocol, the conclusion of the clinical trial is deemed to be the final visit by the final participant.3 the sponsor shall report the termination or interruption of the clinical trial to the ethics committee within 15 days. the report must set out the reasons for the termination or interruption.4 if the trial is terminated or interrupted for reasons of safety, the following shall apply:a. the report must be submitted within 24 hours.b. the report must also be submitted to those contracting states in which the clinical trial is being conducted or is due to be conducted.4bis for clinical trials that are also being conducted in eu or eea states, the sponsor must also report any termination or interruption of the trial in eu or eea states to the ethics committee within 24 hours if the termination or interruption was for reasons of safety.275 if a multi-centre clinical trial is terminated or interrupted at one of the trial sites, the sponsor must also perform the reporting according to paragraph 3 and 4 to the other participating ethics committees.27 inserted by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 37 final report 1 the sponsor shall submit to the ethics committee a final report in accordance with section 2.8 of chapter i and section 7 of chapter iii of annex xv to eu-mdr28:a. within one year of the clinical trial being concluded;b. within three months of the clinical trial being terminated or interrupted.2 if scientific reasons prevent compliance with the reporting deadline specified in paragraph 1 letter a, the sponsor must submit the report as soon as it is available. the protocol must specify when the final report will be submitted and provide reasons.3 a summary in lay language must be included with the final report.28 see the footnote to art. 4 para. 1.art. 38 notification and reporting to swissmedic for category c clinical trials, the notifications and reports specified in articles 35-37 must also be submitted to swissmedic.section 3 reporting in connection with the use of radiation sources and document retention art. 39 verification, notification and reporting in connection with the use of radiation sources 1 for clinical trials with devices capable of emitting ionising radiation and investigations with radiation sources, the sponsor shall verify compliance with the dose constraint specified in article 45 rpo29.2 should the dose constraint be exceeded at any time, the sponsor shall notify the fact to the competent ethics committee within 7 days of becoming aware of it.3 for category c trials with devices that emit ionising radiation, the notification in accordance with paragraph 2 must also be sent to swissmedic.4 the competent ethics committee and swissmedic may consult the foph for expert advice on assessing the calculated or estimated dose and on determining further measures.5 for clinical trials in accordance with paragraph 1, the sponsor shall document in the final report all relevant radiological protection information, particularly an estimation of the dose the participants were exposed to; this shall not apply in the case of an exemption from the reporting obligation as specified in article 14 paragraph 4.6 the competent ethics committee shall forward the final report to the foph.29 sr 814.501art. 40 document retention requirements 1 the sponsor must retain all data concerning the clinical trial until the expiry date of the last series of devices used in the trial, but for a minimum of ten years following the conclusion or termination of the clinical trial. the retention period for implantable devices is at least 15 years.2 the investigator must retain all documents required to identify and provide post-trial care to participants, as well as all other original data, for at least ten years after the conclusion or termination of the clinical trial. the retention period for implantable devices is at least 15 years.chapter 5 transparency art. 41 and 4230 30 to come into force in due course (art. 50 para. 2).chapter 6 final provisions art. 43 updating of the annexes the federal department of home affairs may update annex 1 in line with international or technical developments. where updates may pose technical barriers to trade, it shall effect such updates by mutual agreement with the federal department of economic affairs, education and research.art. 44 amendment of other legislation the amendment of other legislation is regulated in annex 2.art. 45 information on directly applicable legal acts of the european commission swissmedic shall provide on its website information on legal acts of the european commission that, under the terms of this ordinance, are directly applicable in switzerland in the version binding upon the member states of the european union.art. 46 harmonisation of enforcement 1 swissmedic and the ethics committees may prescribe electronic forms and technical procedures for inputting and transmitting documents and for sharing information in the electronic systems in accordance with article 8.2 for the purposes of enforcing this ordinance, particularly the provision of electronic forms and aids to enforcement, swissmedic and the ethics committees shall comply with the implementing acts adopted by the european commission under articles 70, 78 and 81 eu-mdr31, specifically in reference to:a. harmonised electronic forms for applications for clinical trials and their assessment, procedures to be performed by ethics committees and swissmedic and for the coordinated assessment procedure;b. harmonised electronic forms for substantial amendments;c. harmonised electronic forms for reporting serious adverse events and device deficiencies;d. the exchange of information between the member states and switzerland in the course of communication of intended measures, the termination of a clinical trial for reasons of safety, the withdrawal of an application and refusal to authorise a clinical trial;e. time limits for reporting serious adverse events and device deficiencies that are notifiable by virtue of their gravity;f. the requirements of chapter ii of annex xv to eu-mdr;g. the coordinated assessment procedure.31 see the footnote to art. 4 para. 1.art. 47 cooperation with the european commission and authorities of the contracting states 1 where provided for by international agreements, swissmedic shall cooperate with the european commission and the authorities of the contracting states.2 in doing so, swissmedic shall involve the ethics committees in appropriate fashion where their area of responsibility is affected.art. 48 transitional provisions for clinical trials approved under previous legislation and involving medical devices 1 approvals for clinical trials of devices issued by the competent ethics committee and swissmedic prior to the entry into force of this ordinance shall remain valid until their expiry date.2 the results of clinical trials of devices that are still in progress when this ordinance enters into force have to be published in a recognised register in accordance with article 64 paragraph 1 clino32 within the time limit specified in article 42.3 where clinical trials in accordance with paragraph 1 undergo substantial amendments, the sponsor must apply for categorisation under article 6 at the same time.32 sr 810.305art. 49 transitional provisions 1 until article 8 paragraphs 1, 4 and 5 of this ordinance comes into force (art. 50 para. 2), sponsors shall use the following information systems to input and transmit applications, notifications, reports and other information required under this ordinance:a. the cantons' information system in accordance with article 56a hra for documents and information intended for the competent ethics committee;b. the medical devices information system in accordance with article 62c tpa for documents and information intended for swissmedic.2 until article 8 paragraphs 2 and 3 of this ordinance comes into force (art. 50 para. 2):a. swissmedic shall use the medical devices information system in accordance with article 62c tpa to input and transmit decisions and to exchange information with applicants;b. the competent ethics committee shall use the cantons' information system in accordance with article 56a hra for the purposes described in letter a.3 until articles 41 and 42 of this ordinance come into force (art. 50 para. 2), sponsors must register clinical trials in accordance with articles 64, 65 paragraphs 1 and 3 and 66 and 67 clino33. they must also publish the results of such clinical trials in a recognised register in accordance with article 64 paragraph 1 clino within the following time limits:a.34 for concluded category c clinical trials: at the latest before the device is placed on the market or one year after submitting the final report in accordance with article 37 if the device has not been placed on the market by this point in time;b. for concluded category a clinical trials and if a trial is terminated or interrupted: immediately after submitting the final report in accordance with article 37.33 sr 810.30534 amended by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).art. 50 commencement 1 subject to the exceptions in paragraph 2, this ordinance comes into force on 26 may 2021.2 articles 8 paragraph 1-5, 21-31, 41 and 42 come into force at a later date.annex 135 35 revised by annex no 1 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).(art. 10 para. 1, 14, 15 para. 6, 16 para. 1, 18 para. 1, 20 para. 5, 23 para. 2)application documents for the approval procedure for clinical trials 1 application documents for category a clinical trials 1.1 the application documents specified in chapter ii of annex xv to eu-mdr36, taking account of the amendments to this annex adopted by the european commission by means of delegated acts on the basis of article 70 eu-mdr, must be submitted with the following specification:a. with reference to chapter ii sections 1.1 and 3.1.2 of annex xv to eu-mdr (identification of the sponsor): name, address and contact details of the sponsor and, where the sponsor is not domiciled in switzerland and does not have a place of business there, its agent in switzerland;b. the following information in addition to that required by chapter ii section 3.1 of annex xv to eu-mdr for multi-centre clinical trials in switzerland: name, address and contact details of the coordinating investigator in switzerland.1.1bis for clinical trials that are also being conducted or are also due to be conducted in eu or eea states, any opinions of the relevant foreign ethics committee on the clinical trial must be submitted, including any conditions and the reasons for these conditions.1.2 the following information specified in chapter ii of annex xv to eu-mdr does not have to be submitted:a. the information in section 1.16;b. the information in sections 2.3-2.8;c. the information in section 4.2.1.3 swissmedic shall provide on its website information on the delegated acts under section 1.1 that, under the terms of this ordinance, are directly applicable in switzerland in the version binding upon the member states of the eu (art. 45).36 see the footnote to art. 4 para. 1.2 application documents for category c clinical trials 2.1 the application documents specified in chapter ii of annex xv to eu-mdr, taking account of the amendments to this annex adopted by the european commission by means of delegated acts on the basis of article 70 eu-mdr, must be submitted with the following specifications for sections 1.1 and 3.1.2 (identification of the sponsor): name, address and contact details of the sponsor and, if the sponsor is not domiciled in switzerland and does not have a place of business there, its agent in switzerland.2.1bis for clinical trials that are also being conducted or are also due to be conducted in eu or eea states, any decisions or opinions of the relevant foreign medical devices supervisory authority and ethics committee on the clinical trial must be submitted, including any conditions and the reasons for these conditions.2.2 if the clinical trial is a multi-centre trial in switzerland, the name, address and contact details of the coordinating investigator in switzerland must be provided in addition to the information required under chapter ii section 3.1.3 of annex xv to eu-mdr.2.3 the following information specified in chapter ii of annex xv to eu-mdr does not have to be submitted:a. the information in section 1.16;b. the information in section 4.2.2.4 swissmedic shall provide on its website information on the delegated acts under section 2.1 that, under the terms of this ordinance, are directly applicable in switzerland in the version binding upon the member states of the eu (art. 45).3 application documents for clinical trials in sub-categories c1 and c2 in the coordinated procedure 3.1 general partfor the general part, the application documents specified in chapter ii of annex xv to eu-mdr, with the exception of the national part in accordance with article 23 paragraph 2, taking account of the amendments to this annex adopted by the european commission by means of delegated acts on the basis of article 70 eu-mdr, must be submitted with the following specifications for sections 1.1 and 3.1.2 (identification of the sponsor): name, address and contact details of the sponsor and, where the sponsor is not domiciled in switzerland, its agent in switzerland.3.2 national partfor the national part, the application documents specified in chapter ii sections 1.13, 3.1.3 and 4.2-4.4 of annex xv to eu-mdr, taking account of the amendments to this annex adopted by the european commission by means of delegated acts on the basis of article 70 eu-mdr, must be submitted with the following specification for section 3.1.2: for multi-centre trials in switzerland: name, address and contact details of the coordinating investigator in switzerland.3.3 swissmedic shall provide on its website information on the delegated acts under section 3.1 and 3.2 that, under the terms of this ordinance, are directly applicable in switzerland in the version binding upon the member states of the eu (art. 45).4 additional application documents for clinical trials with devices capable of emitting ionising radiation and for investigations involving radiation sources (art. 14 para. 1) for clinical trials with devices capable of emitting ionising radiation and for investigations involving radiation sources (art. 14 para. 1), the following additional information and documents must be submitted:a. information on significant radiation protection aspects, particularly a calculation or estimation of the effective dose-equivalent, the doses absorbed by the organs and, if applicable, the doses absorbed by the tumours;b. the necessary permits in accordance with article 28 of the radiological protection act of 22 march 199137.37 sr 814.505 additional application documents for category c clinical trials with devices capable of emitting ionising radiation and for clinical trials involving investigations with radiation sources and requiring the comments of the foph in accordance with article 14 paragraph 2 for category c clinical trials with devices capable of emitting ionising radiation (art. 18) and investigations involving radiation sources that require the comments of the foph in accordance with article 14 paragraph 2, the following information must be submitted in addition to the information listed under number 4:a. if applicable, information on the properties, specifically the pharmacokinetics, quality, stability, radiochemical purity and radionuclide purity;b. for authorised radiopharmaceuticals: the information for healthcare professionals;c. for non-authorised radiopharmaceuticals: information on the manufacturing process and quality control of the radiopharmaceutical, the names of the people responsible for both and their professional qualifications;d. the names of the people responsible for the use of the radiopharmaceutical on humans and their professional qualifications;e. information required by the foph form for clinical trials with radiopharmaceuticals or radiolabelled substances38.38 this form can be obtained from foph, radiation protection division, 3003 bern or on the internet at www.bag.admin.ch > healthy living > environment & health > radiation, radioactivity & sound.annex 2 (art. 44)amendments to other legislation the following are amended as follows:.3939 the amendments can be consulted at as 2020 3033.

810.308 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on organisational aspectsof the human research act(hra organisation ordinance, orgo-hra)of 20 september 2013 (status as of 26 may 2021)the swiss federal council,on the basis of articles 49 paragraphs 1 and 2, 53 paragraph 3, 59 paragraph 6, 60 paragraph 2 and 65 of the human research act of 30 september 20111 (hra),ordains:1 sr 810.30chapter 1 research ethics committee art. 1 composition 1 the research ethics committee (ethics committee) shall be composed at least of persons possessing expertise in the following disciplines:a. medicine;b. psychology;c. nursing;d. pharmaceutics or pharmaceutical medicine;e. biology;f. biostatistics;g. ethics; andh. law, including data protection.2 it shall be of balanced composition as regards gender and professional groups.3 the ethics committee must be able to draw on knowledge of local conditions in the various areas of responsibility.4 if the ethics committee lacks the expertise required for the assessment of a research project, it must call in external specialists.art. 2 requirements for members 1 members of the ethics committee must, on commencing their service, attend a course on the duties of the ethics committee and the fundamentals of the assessment of research projects, and must regularly undergo further training in this area.2 the members specified in article 1 paragraph 1 letters a-c must have experience in the conduct of research projects.art. 3 scientific secretariat 1 persons working for the scientific secretariat must have:a. a degree in medicine, pharmaceutics, natural sciences, psychology or law;b. adequate training in good clinical practice;c. a knowledge of scientific methods for human research projects; andd. a knowledge of the legal requirements governing human research.2 the scientific secretariat shall be staffed at a level that is sufficient:a. to ensure its availability for the committee and for applicants; andb. to guarantee that procedural deadlines are met.art. 4 withdrawal from participation 1 members of the ethics committee shall withdraw from participation in cases where:a. they are personally involved, or otherwise have a personal interest, in the research project;b. persons reporting to them, to whom they report, or with whom they have close personal ties, are involved in the research project; orc. they are an interested party for other reasons.2 members who are interested parties must not participate in deliberations or in decision-making on the matter in question.art. 5 regular procedure 1 the ethics committee shall make decisions under the regular procedure with the participation of at least seven members. the composition of this group shall be such as to guarantee an expert and interdisciplinary assessment of the application.2 decisions shall be taken after oral deliberations. in justified exceptional cases, it is permissible for proceedings to be conducted in writing; a member may at any time request oral deliberations.3 decisions of the ethics committee shall be made by majority vote. in the event of a tie, the chair or vice-chair shall have a casting vote.4 the provisions of articles 6 and 7 are reserved.art. 6 simplified procedure 1 the ethics committee shall make decisions with the participation of three members on:a.2 category a clinical trials, as specified in article 19 paragraph 1, article 20 paragraph 1, article 49 paragraph 1 and article 61 paragraph 1 of the ordinance of 20 september 20133 on clinical trials (clino), provided that the trial does not raise any particular ethical, scientific or legal issues;abis.4 clinical trials of devices in subcategory a1 as referred to in article 6 paragraph 1 of the ordinance of 1 july 20205 on clinical trials with medical devices, provided the trial does not raise any particular specific ethical, scientific or legal issues;b. category a research projects involving persons, as specified in article 7 paragraph 1 of the human research ordinance of 20 september 20136;c. the further use for research of biological material or health-related personal data in the absence of informed consent, in accordance with article 34 hra, provided that this does not raise any particular ethical, scientific or legal issues;d. research projects involving deceased persons, with the exception of research projects involving deceased persons undergoing artificial respiration, as specified in article 37 paragraph 2 hra;e. significant changes to authorised research projects, if they raise particular ethical, scientific or legal issues.2 the group of three must comprise members from different disciplines specified in article 1.73 the conduct of proceedings in writing is permissible if no members request oral deliberations.4 the regular procedure shall be adopted if:a. unanimous agreement is not reached; orb. a request to this effect is made by a member of the group of three.2 amended by annex no 3 of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).3 sr 810.3054 inserted by annex 2 no 3 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).5 sr 812.213.36 sr 810.3017 amended by annex 2 no 3 of the o of 1 july 2020 on clinical trials with medical devices, in force since 26 may 2021 (as 2020 3033).art. 7 decisions to be made by the chair 1 the chair or vice-chair of the ethics committee shall make decisions on:a. research projects involving existing biological material or existing health-related personal data, with the exception of further use in accordance with article 34 hra;b. significant changes to authorised research projects which do not raise any particular ethical, scientific or legal issues;c. whether the requirements concerning local conditions in multicentre research projects are met;d. refusal to consider incomplete applications;e. the cancellation of applications which are no longer relevant or have been withdrawn;f. the fulfilment of conditions imposed;g. the ordering of official measures as specified in article 48 hra.2 he or she may at any time order the adoption of the simplified or regular procedure.art. 8 obligation to retain documents and right of inspection 1 application documents submitted to the ethics committee, minutes of meetings and correspondence must be retained for ten years after the completion or discontinuation of a research project.2 the cantonal supervisory authority may inspect these documents.art. 9 notification requirements the cantonal supervisory authority shall notify the coordination office as specified in article 10 of the responsible ethics committee.chapter 2 coordination office art. 10 1 the federal office of public health (foph) shall manage the coordination office as specified in article 55 hra.2 in particular, the coordination office has the following duties:a. it ensures regular exchanges between the supervisory authorities concerned.b. it ensures regular exchanges with research representatives and institutions.c. in cooperation with the ethics committees and, where appropriate, other supervisory authorities concerned, it issues recommendations on authorisation and notification procedures and on specific aspects of decision-making practice.d. it participates in the design and implementation of basic and further training for members of ethics committees.e. it provides information for the public, preparing in particular a summary of the annual reports submitted by ethics committees and a statistical overview of the research projects authorised.3 it may, within the framework of the operation of the portal and the supplementary federal database in accordance with article 67 clino8, enable the electronic exchange of documents relating to the authorisation and notification procedures between applicants and authorisation authorities.4 it shall issue guidelines on the content of the reports to be submitted by ethics committees in accordance with article 55 paragraph 2 hra.8 sr 810.305chapter 3 data protection art. 11 disclosure of personal data 1 before the enforcement body discloses personal data to the authorities responsible in accordance with article 59 paragraphs 1 and 2 hra, it shall solicit comments from the data subject, providing information at the same time on:a. the purpose of the disclosure of data;b. the nature of the data to be disclosed; andc. the data recipient.2 the obligations specified in paragraph 1 do not apply if:a. the data subject has already been adequately informed;b. the disclosure of data is evident from the circumstances of the particular case;c. there is an immediate risk of legal claims or important third-party interests being prejudiced, or the fulfilment of legal duties being prevented; ord. the data subject cannot be traced.3 if data is to be published under article 59 paragraph 3 hra, all items which, when combined, would enable the data subject to be identified without disproportionate effort, must be masked or deleted. these include in particular the name, address, date of birth and unique identification numbers.art. 12 exchange of data with foreign authorities and institutions 1 the following are empowered to exchange confidential data with foreign authorities and institutions or international organisations:a. the responsible ethics committee;b. the cantonal supervisory authority;c. the swiss agency for therapeutic products (agency); andd. the foph.2 if the confidential data includes personal data, this may only be transmitted to foreign authorities and institutions or to international organisations if the privacy of the data subject is not seriously endangered thereby, in particular due to the absence of legislation that guarantees adequate protection.3 in the absence of legislation that guarantees adequate protection, personal data may only be transmitted abroad if:a. disclosure is required in order to protect the life or the physical integrity of the data subject;b. disclosure is essential in order to avert an imminent danger to public health;c. sufficient safeguards, in particular contractual clauses, ensure an adequate level of protection abroad; ord. the data subject has consented in the particular case.chapter 4 commencement art. 13 this ordinance shall come into force on 1 january 2014.

810.311 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon research involving embryonic stem cells(stem cell research ordinance, scro)of 2 february 2005 (status as of 1 april 2012)the swiss federal council,on the basis of article 17 of the stem cell research actof 19 december 20031 (the act),ordains:1 sr 810.31 section 1: informed consent of the couple concerned art. 1 determination of the surplus status of an embryo if an embryo cannot be used to establish a pregnancy, the physician treating a couple in connection with an assisted reproduction procedure shall inform the couple:a.that it is a surplus embryo;b.why the embryo has become surplus; andc.that the surplus embryo will be destroyed unless it is used, subject to the conditions specified in the act, for the derivation of stem cells with a view to the conduct of a research project (stem cell derivation) or for a research project aimed at improving derivation methods.art. 2 information to be provided for the couple concerned prior to consent 1 if a licence has been obtained for stem cell derivation or for a research project aimed at improving derivation methods, the physician shall verbally inform the couple concerned, in a comprehensible manner:a.about the nature, purpose and expected starting date of the intended research project;b.about the couple's rights under article 5 paragraph 3 of the act and under paragraphs 3 and 4 of this article;c.about the non-commercialism specified in article 4 of the act;d.about the measures provided for in article 27 to protect the couple's personal data;e.that third parties may acquire rights to stem cells or products derived therefrom, for example in accordance with the patent act of 25 june 19542, without any entitlements accruing to the couple as a result;f.that it is possible for stem cells or products derived therefrom to be used in clinical research and practice, without any entitlements accruing to the couple as a result;g.that, under article 9 paragraph 1 letter c of the act, the stem cells derived may be passed on for other research projects; andh.about the content of the written consent, as specified in article 3.2 the physician shall provide the couple with an information sheet and an informed consent form made available by the person responsible for the research project (project manager).3 the couple have the right to put questions, or have questions put, to the project manager.4 the couple must be allowed an appropriate period for reflection on the decision concerning consent.2 sr 232.14art. 3 content of informed consent form by signing the informed consent form, the couple concerned certify that they have received the information specified in article 2 and that they consent to the use of the surplus embryo for stem cell derivation or for a research project aimed at improving derivation methods.art. 4 consequences of refusal or revocation of consent if consent is refused or revoked by the couple concerned, or by the woman or the man, this may not prejudice the couple in relation to any subsequent treatment in the assisted reproduction procedure.section 2: licence for the derivation of embryonic stem cells art. 5 application when a licence is sought for stem cell derivation with a view to conducting a research project (art. 7 of the act), the following documents must be submitted to the federal office of public health (federal office) for review:a.complete documentation of the stem cell derivation project, including evidence of the suitability of the laboratory facilities;b.complete documentation for the research project involving embryonic stem cells, as submitted to the competent ethics committee in accordance with article 17;c.the approval of the research project granted by the competent ethics committee;d.a statement, based on an extract from the registry specified in article 18 of the act, of the reasons why the embryonic stem cells available in this country are not suitable for the research project;e.information on the number of surplus embryos expected to be required.art. 6 review of the application 1 the federal office determines whether:a.the documents are complete;b.the licence conditions specified in the act are met.2 it may request additional documents from the project manager.art. 7 review period 1 the federal office shall reach a decision within 60 days.2 if the federal office requests additional documents from the project manager, the review period begins as soon as the documents have arrived; it shall notify the project manager of the beginning of the period.section 3: licence for research projects aimed at improving derivation methods art. 8 application when a licence is sought for a research project aimed at improving derivation methods (art. 8 of the act), the following documents must be submitted to the federal office for review:a.complete documentation for the research project, including evidence of the suitability of the laboratory facilities;b.an account of the extent to which the research project is expected to yield important findings for the improvement of derivation methods;c.a statement of the reasons why equivalent findings could not also be obtained in a different way, in particular through experiments involving animal embryos;d.information on the number of surplus embryos expected to be required;e.the information sheet and informed consent form.art. 9 review of the application 1 the federal office determines whether:a.the documents are complete;b.the information sheet and the informed consent form are complete and comprehensible;c.the licence conditions specified in the act are met.2 it may request additional documents from the project manager.art. 10 review period 1 the federal office shall reach a decision within 60 days.2 if the federal office requests additional documents from the project manager, the review period begins as soon as the documents have arrived; it shall notify the project manager of the beginning of the period.section 4: licence for the storage of surplus embryos art. 11 application when a licence is sought for the storage of surplus embryos (art. 10 of the act), the following documents must be submitted to the federal office for review:a.the licence granted under article 7 or 8 of the act;b.a statement of the reasons why storage of the surplus embryos is essential;c.evidence of the qualifications of the staff;d.evidence of the suitability of the laboratory facilities.art. 12 review of the application the federal office determines whether:a.the documents are complete;b.the licence conditions specified in the act are met.section 5: licence for the import of embryonic stem cells art. 13 application when a licence is sought for the import of embryonic stem cells (art. 15 of the act), the following documents must be submitted to the federal office for review:a.complete documentation for the research project involving embryonic stem cells, as submitted to the competent ethics committee in accordance with article 17;b.the approval of the research project granted by the competent ethics committee;c.details of the number of embryonic stem cells or stem cell lines required and a characterisation thereof, as specified in article 29 paragraph 1 letter b;d.evidence provided by the authority designated as competent under national legislation in the country concerned or recognised by that country to the effect that:1.the stem cells have been derived from surplus embryos,2.the couple concerned have freely given informed consent to the use of the embryo for research purposes, and3.the couple concerned are receiving no payment in return.art. 14 review of the application the federal office determines whether:a.the documents are complete;b.the licence conditions specified in the act are met.section 6: licence for the export of embryonic stem cells art. 15 application when a licence is sought for the export of embryonic stem cells (art. 15 of the act), the following documents must be submitted to the federal office for review:a.the title, objective and place of execution of the research project involving embryonic stem cells;b.the name and address of the project manager;c.the number of embryonic stem cells or stem cell lines to be exported and a characterisation thereof, as specified in article 29 paragraph 1 letter b;d.evidence provided by the authority designated as competent under national legislation in the country concerned or recognised by that country, to the effect that:1.the project is designed to yield important findings with regard to the detection, treatment or prevention of serious human diseases or concerning human developmental biology, and2.the project has received ethical approval from an authority independent of the project manager.art. 16 review of the application the federal office determines whether:a.the documents are complete;b.the licence conditions specified in the act are met.section 7: assessment by the competent ethics committee and authorisation of the research project art. 17 application when an assessment is sought of a research project involving embryonic stem cells (art. 11 of the act), the following documents must be submitted to the competent ethics committee for review:a.complete documentation for the research project;b.a statement of the reasons why equivalent findings could not also be obtained in a different way;c.the information sheet and the informed consent form, if embryonic stem cells have to be derived for the research project.art. 18 review of the application 1 the ethics committee determines whether:a.the documents are complete;b.the conditions specified in the act for the conduct of a research project with embryonic stem cells are met.2 if the research project is to be conducted at several centres, it suffices if an assessment is given according to the standard procedure by the ethics committee that is competent at the first centre; decisions may be reached by the other ethics committees concerned according to a simplified procedure. the project manager must submit the approval granted by the ethics committee competent at the first centre.3 for the evaluation of the research project, the ethics committee may consult experts and request additional documents from the project manager.art. 19 assessment period 1 the ethics committee shall issue its assessment within 30 days.2 if the ethics committee consults experts or requests additional documents from the project manager, the assessment period begins as soon as the experts' comments or the documents have arrived; the ethics committee shall notify the project manager of the beginning of the period.art. 20 authorisation of the research project 1 prior to the initiation of the research project, the project manager shall notify the federal office thereof and submit:a.the title of the research project, if the federal office has the project documents at its disposal in connection with the licensing procedure under article 5 or 13;b.the complete documentation for the research project, as submitted to the competent ethics committee in accordance with article 17, together with this committee's approval, if embryonic stem cells available in this country are to be used for the project.2 the federal office may request additional documents from the project manager.3 within 15 days of receipt of the notification or the necessary documents, the federal office shall assign a reference number to the research project, provided that it has no objections. it shall inform the project manager of the number.4 after the communication of the reference number, the research project may be initiated.art. 21 re-evaluation and withdrawal of approval 1 the ethics committee may re-evaluate a research project and if appropriate withdraw its approval, if this is necessitated by new scientific findings and a resultant change in the ethical assessment.2 it shall notify the project manager and the federal office immediately of the withdrawal of its approval.3 it shall inform the federal office immediately of any irregularities in the conduct of the research project.section 8: changes to the project art. 22 1 any person who derives embryonic stem cells, carries out a research project aimed at improving derivation methods, stores surplus embryos, or imports or exports embryonic stem cells must notify the federal office of any significant planned changes to the project concerned.2 any person who carries out a research project involving embryonic stem cells must notify the ethics committee and the federal office of any significant planned changes to the research protocol.3 the federal office, or the ethics committee and the federal office, shall issue a response within 30 days of receipt of such notification.4 a project of the type specified in paragraph 1 may only be continued with the proposed changes if the federal office grants a new licence.5 a research project of the type specified in paragraph 2 may only be continued in accordance with the modified research protocol if the ethics committee renews its approval and the federal office renews its authorisation of the project.section 9: notification and reporting duties art. 23 notification after discontinuation or completion of the project 1 any person who derives embryonic stem cells or carries out a research project aimed at improving derivation methods must notify the federal office of the discontinuation or completion of stem cell derivation or the research project within 15 days.2 any person who carries out a research project involving embryonic stem cells must notify the federal office and the ethics committee of the discontinuation or completion of the project within 15 days.3 if a project is discontinued, the reasons must be indicated in the notification.art. 24 final report 1 any person who derives embryonic stem cells or carries out a research project aimed at improving derivation methods must submit a report to the federal office within six months of the discontinuation or completion of stem cell derivation or the research project.2 any person who carries out a research project involving embryonic stem cells must submit a report to the federal office and the ethics committee within six months of the discontinuation or completion of the research project.3 the federal office may specify a shorter period if there is good cause for doing so; in response to a justified request from the project manager, it may in exceptional cases extend the period.art. 25 content of the final report 1 the final report must document the course and results of the embryonic stem cell derivation, or of the research project aimed at improving derivation methods or involving embryonic stem cells.2 the final report on embryonic stem cell derivation must also include the following details:a.the number of embryos used; andb.the number of embryonic stem cells derived, or the number of stem cell lines and a characterisation thereof, as specified in article 29 paragraph 1 letter b.3 the final report on a research project aimed at improving derivation methods must also include the following details:a.the number of embryos used;b.the number of embryonic stem cells derived, or the number of stem cell lines and a characterisation thereof, as specified in article 29 paragraph 1 letter b, if stem cells are derived in connection with the project; andc.a summary of the positive and the negative results.4 the final report on a research project involving embryonic stem cells must also include a summary of the positive and the negative results.art. 26 storage of embryonic stem cells any person who stores embryonic stem cells must notify the federal office annually, as at 1 july, of the total numbers of deposits and withdrawals, and of the number of stem cell lines stored and the characterisation thereof, as specified in article 29 paragraph 1 letter b.section 10: data protection art. 27 1 no data permitting identification of the couple concerned may be communicated to the persons involved in stem cell derivation or in research projects.2 the clinic performing the ivf procedure shall anonymise the data concerning the surplus embryo by the assignment of a code before passing on the embryo for stem cell derivation or for a research project aimed at improving derivation methods.3 it shall retain the data of the couple concerned, the information sheet, the original signed consent form and the code key for ten (10) years. the data security measures must conform to the current technical standards.section 11: public registry art. 28 purpose of the registry the registry specified in article 18 of the act is intended in particular:a.to enable embryonic stem cells to be passed on for research projects carried out in this country, as specified in article 9 paragraph 1 letter c of the act;b.to permit assessment of whether embryonic stem cells suitable for a research project are available in this country;c.to provide an overview of ongoing and completed research projects in this country.art. 29 content of the registry 1 any person who derives embryonic stem cells, carries out a research project aimed at improving derivation methods, or involving embryonic stem cells, or imports embryonic stem cells must submit the following information to the federal office:a.a description of the project in which the stem cells are derived or used, including the following details:1.title of the project,2.objective of the project,3.name and address of the project manager,4.starting date and expected duration of the project;b.a characterisation of the embryonic stem cells derived or used in the project, and of the stem cell lines used; stem cell lines are pluripotent cells derived from cells of an early embryo, which can be cultured in vitro and reproduced over generations, exhibiting a stable genotype and phenotype.2 the federal office shall include in the registry the information required by paragraph 1 letter a when a licence is granted under articles 5, 8 or 13, or when a notification is received under article 20.3 it shall publish in the registry the summaries specified in article 25 paragraphs 3 letter c and 4.4 it may request clarification of the information submitted.section 12: charges art. 30 calculation of charges 1 the charges are calculated according to the rates given in article 31. within the framework of these rates, the charges are set on the basis of the time required, taking account of the necessary expertise.2 for services not explicitly mentioned in article 31, the level of the charge is based on the time required. the hourly rate, according to the expertise required and the functional level of the personnel involved, ranges from 90 to 200 swiss francs.art. 31 rates of charges the federal office levies the following charges in particular:swiss francsa.3licence for derivation of embryonic stem cells from surplus embryos: grant, renewal, suspension, revocation500 - 10 000b.4licence for a research project aimed at improving derivation methods: grant, renewal, suspension,revocation500 - 10 000c.5licence for the storage of surplus embryos: grant, renewal, suspension, revocation250 - 5 000d.6licence for the import or export of embryonic stem cells: grant, renewal, suspension, revocation500 - 10 000e.inspection (excluding preparation and report) per day1 000 - 20 000f.certificates, reports200 - 2 0003 amended by no i of the ordinance of 2 march 2012, in force since 1 april 2012 (as 2012 1201).4 amended by no i of the ordinance of 2 march 2012, in force since 1 april 2012 (as 2012 1201).5 amended by no i of the ordinance of 2 march 2012, in force since 1 april 2012 (as 2012 1201).6 amended by no i of the ordinance of 2 march 2012, in force since 1 april 2012 (as 2012 1201).art. 32 surcharge the federal office may levy a surcharge of up to 50 per cent of the charge if the service:a.is provided, on request, urgently or outside normal working hours;b.is exceptionally time-consuming or involves particular difficulties.art. 33 expenses in addition to the charges levied, expenses relating to the individual service are invoiced. the following items are deemed to be expenses:a.fees for committee members, experts and representatives;b.costs occasioned by the collection of evidence, scientific studies, special investigations or the procurement of documents;c.travel and transport costs;d.costs of tests at internal or external laboratories;e.costs of work carried out by third parties on behalf of the federal office.section 13: forms art. 34 the federal office may prescribe forms:a.for the licensing procedures under articles 5, 8, 11, 13 and 15;b.for the fulfilment of notification and reporting duties under articles 20, 23 and 24;c.for the information to be collected for the public registry.section 14: commencement art. 35 this ordinance comes into force on 1 march 2005.

812.121english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal acton narcotics and psychotropic substances(narcotics act, narca)1of 3 october 1951 (status as of 15 may 2021)1 title amended by no i of the fa of 24 march 1995, in force since 1 july 1996 (as 1996 1677; bbl 1994 iii 1273).the federal assembly of the swiss confederation,on the basis of articles 118 and 123 of the federal constitution2,3 and having considered the federal council dispatch dated 9 april 19514,decrees:2 sr 1013 amended by no 7 of the fa of 19 march 2010 on the implementation of council framework decision 2008/977/ji on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387; bbl 2009 6749).4 bbl 1951 i 829chapter 15 general provisions 5 structure of enactment and the numbering of the introductory articles and sections in accordance with no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348). art. 16 aim this act is intended to:a. prevent the unauthorised consumption of narcotics and psychotropic substances, in particular by encouraging abstinence;b. regulate the availability of narcotics and psychotropic substances for medical and scientific purposes;c. protect persons against the negative health-related and social consequences of mental and behavioural disorders associated with dependence;d. protect public order, safety and security the risks posed by narcotics and psychotropic substances;e. combat criminal acts closely connected with narcotics and psychotropic substances.6 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 1a7 four-pillar policy 1 the confederation and the cantons shall introduce measures in the following four areas (the four-pillar policy):a. prevention;b. therapy and reintegration;c. harm reduction and survival support;d. control and law enforcement.2 in doing so, the confederation and the cantons shall take account of the concerns of protecting public health and minors.7 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 1b8 relationship with the therapeutic products act narcotics used as therapeutic substances are governed by the provisions of the therapeutic products act of 15 december 20009. the provisions of this act apply, insofar as the therapeutic products act contains no rule or a less stringent rule.8 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).9 sr 812.21art. 210 definitions in this act:a. narcotics means substances and preparations that cause dependence that have the effects associated with morphine, cocaine or cannabis, and substances and preparations produced on their basis of or that have a similar effect to the same;b. psychotropic substances means substances and preparations that cause dependence that contain amphetamines, barbiturates, benzodiazepines or hallucinogens such as lysergide or mescaline or that have a similar effect to the same;c. substances means raw materials such as plants or fungi or parts thereof, and chemically produced compounds;d. preparations means ready-to-use narcotics and psychotropic substances;e. precursors means substances that do not cause dependence, but which may be transformed into narcotics or psychotropic substances;f. auxiliary chemicals means substances that assist in the production of narcotics and psychotropic substances.10 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 2a11 list the federal department of home affairs shall maintain a list of narcotics, psychotropic substances precursors and auxiliary chemicals. it shall generally base this list on the recommendations of the relevant international organisations.11 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 2b12 rule for psychotropic substances unless this act provides otherwise, the provisions on narcotics also apply to psychotropic substances.12 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 3 simplified control measures13 1 the federal council may make precursors and auxiliary chemicals subject to the narcotics controls set out in chapters 2 and 3. it may require a licence or other less stringent monitoring measures, such as customer identification, accounting obligations and duties to provide information. in doing so, it shall generally follow the recommendations of the relevant international organisations.142 the federal council may partially or - in certain concentrations or quantities - entirely exempt narcotics from the control measures if the relevant international organisations (united nations, world health organisation) decide on or recommend the exemption based on an agreement ratified by switzerland.153 .164 when implementing paragraph 1, in particular for duties to provide information or advice, the federal council may call on the assistance of private organisations.1713 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).14 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).15 amended by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).16 inserted by no i of the fa of 18 dec. 1968 (as 1970 9; bbl 1968 i 737). repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).17 inserted by no i of the fa of 24 march 1995, in force since 1 july 1996 (as 1996 1677; bbl 1994 iii 1273).art. 3a18 18 inserted by no i of the fa of 24 march 1995 (as 1996 1677; bbl 1994 iii 1273). repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).chapter 1a19 prevention, therapy and harm reduction 19 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645). section 1 prevention art. 3b division of tasks between confederation and cantons 1 the cantons shall promote education and advice on the prevention of disorders associated with addiction and their negative health-related and social consequences. in doing so, they shall pay special attention to the protection of children and adolescents. they shall introduce adequate general conditions and create the required facilities or support private institutions that meet the quality requirements.2 the confederation shall conduct national programmes on prevention and in particular encourage the early recognition of disorders associated with addiction; in doing so, it shall prioritise the concerns relating to the protection of children and adolescents. it shall raise public awareness of the problems of addiction.art. 3c power to report 1 public offices and specialists in the education, social work, health, justice and police sectors may report cases of existent or anticipated disorders associated with addiction, in particular in cases involving children and adolescents, to the relevant treatment or social assistance agencies, if:a. they have identified the same in the course of their official or professional activities;b. the persons concerned, their dependants or the general public are placed at risk; andc. they regard a supervision measure as appropriate.2 if a report relates to a child or an adolescent under 18, his or her legal representative must also be informed, unless there is good cause for not doing so.3 the cantons shall designate professionally qualified public or private treatment or social assistance agencies that are responsible for supervising reported persons, in particular children or adolescents at risk.4 the staff of the relevant treatment or social assistance agencies are subject to official and professional secrecy in accordance with articles 320 and 321 of the criminal code20.215 public offices and specialists under paragraph 1 who learn that a person under their supervision has breached article 19a are not obliged to file a criminal complaint.20 sr 311.021 corrected by the drafting committee on 20 feb. 2013, published on 4 april 2013 (as 2013 973).section 2 therapy and reintegration art. 3d supervision and treatment 1 the cantons shall ensure the supervision of persons with disorders associated with addiction who require the medical or psycho-social treatment or welfare measures.2 the treatment is carried out with the aim of guaranteeing the therapeutic and social integration von persons with disorders associated with addiction, improving their physical and psychological health and creating conditions in which they can live a drug-free life.3 the cantons shall also support the professional and social reintegration of such persons.4 they shall create the facilities required for treatment and the reintegration or support private institutions that meet the quality requirements.5 the federal council shall issue recommendations on the principles for funding addiction therapies and reintegration measures.art. 3e22 narcotics-based treatment 1 a licence is required for prescribing, dispensing and administering narcotics in order to treat persons dependent on narcotics. the licence is issued by the cantons.2 the federal council may lay down general conditions.3 heroin-based treatment requires a federal licence. the federal council shall issue special provisions. it shall in particular ensure that:a. heroin is only prescribed to persons dependent on narcotics who have failed to respond to other forms of treatment or whose state of health precludes other forms of treatment;b. heroin is only prescribed by specialist physicians in appropriate facilities;c. the conduct of and progress with heroin-based treatment is reviewed periodically.22 in force since 1 jan. 2010.art. 3f23 data processing 1 the authorities and institutions responsible for the implementation of this act are entitled to process personal data, and in particular sensitive personal data and personality profiles in order to review the requirements for and the progress with the treatment of persons dependent on narcotics.2 they shall guarantee the protection of data in accordance with paragraph 1 through technical and organisational measures.3 the federal council shall regulate the details, in particular:a. the authorities and institutions responsible for the data processing;b. the data to be processed;c. the data flows;d. the rights of access.23 in force since 1 jan. 2010.section 3 harm reduction and survival support art. 3g duties of the cantons in order to prevent or reduce health-related and social harm among persons with disorders associated with addiction, the cantons shall introduce harm reduction and survival support measures. they shall create the required facilities or support private institutions that meet the quality requirements.art. 3h risk to traffic if an official agency fears that a person poses a risk to road, shipping or civil aviation traffic due to a disorder associated with addiction, it must notify the competent authority.section 4 coordination, research, training and quality assurance art. 3i services provided by the confederation 1 the confederation shall support the cantons and private organisations in relation to prevention, therapy and harm reduction by providing services; it shall support them in particular:a. with coordination, including planning and managing the service offered;b. with the implementation of quality measures and proven intervention models.2 it shall inform them of new scientific findings.3 it may take its own additional measures to reduce addiction problems or entrust their implementation to private organisations.art. 3j promotion of research the confederation may in terms of the federal research act of 7 october 198324 support scientific research in the following fields in particular:a. the mode of action of substances that induce addiction;b. the causes and effects of disorders associated with addiction;c. preventive and therapeutic measures;d. the prevention or reduction of disorders associated with addiction;e. the effectiveness of reintegration measures.24 [as 1984 28, 1992 1027 art. 19, 1993 901 annex no 4 2080 annex no 9, 1996 99, 2000 1858, 2003 4265, 2004 4261, 2006 2197 annex no 39, 2008 433, 2010 651, 2011 4497 no i 1, 2012 3655 no i 13, 2013 2639. as 2013 4425 art. 57 para. 1]. see now the fa of 14 dec. 2012 on the promotion of research and innovation (sr 420.1).art. 3k basic and advanced training the confederation shall support basic and advanced training in the fields of prevention, therapy and reintegration, and in harm reduction and survival support.art. 3l recommendations on quality assurance in consultation with the cantons, the confederation shall develop recommendations on quality assurance in the fields of the prevention, therapy and reintegration, and of harm reduction and survival support.chapter 2 manufacturing, dispensing, obtaining and using narcotics section 1 production and sales businesses art. 4 licence for production and trade25 1 businesses and persons that cultivate, produce, process or trade in narcotics require a licence from the swiss agency for therapeutic products (the agency). article 8 is reserved.262 the federal council shall regulate the requirements for the grant, expiry or withdrawal of the licence, and its form, content and term of validity.25 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).26 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 5 import, export and transit27 1 any import or export of narcotics subject to control requires a licence from the agency.28 this shall be granted in accordance with the international agreement. an export licence may also be granted even if it is not required under this act and the international agreements but requested by the country of destination.291bis the federal council may issue special provisions on the import or export of narcotics by travellers suffering from medical conditions. the agency may process sensitive personal data connected with the import or export of narcotics by travellers suffering from medical conditions, provided this is required by international agreements.302 the supervision of the transit of narcotics shall be carried out by the customs administration in consultation with the agency.27 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).28 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).29 amended by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).30 inserted by art. 3 no 9 of the fd of 17 dec. 2004 on the adoption and implementation of the bilateral agreements between switzerland and the eu on the association to schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. f; bbl 2004 5965).art. 6 restrictions under international agreements31 1 the federal council may prohibit licence holders from cultivating, manufacturing, importing or exporting, or stockpiling on the basis of international agreements.322 it may delegate the power to issue such rulings to the federal department of home affairs while retaining its oversight.31 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).32 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 733 raw materials and products with narcotic-type effects 1 raw materials and products suspected of having similar effects to the substances and preparations in accordance with article 2 may only be cultivated, produced, imported or exported, stored, used or placed on the market with a licence issued by the federal department of home affairs and in accordance with its conditions.2 the agency shall establish whether raw materials and products are substances or preparations in accordance with article 2. if this is the case, a licence under articles 4 and 5 is required.3 the federal department of home affairs shall maintain a list of these substances and preparations.33 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 8 prohibited narcotics34 1 the following narcotics may not be cultivated, imported, produced or placed on the market:35a. opium for smoking and the residues created in its production or use;b. diacetylmorphine and its salts;c. hallucinogens such as lysergide (lsd 25);d.36 narcotics containing an effective concentration of cannabinoids.372 .383 the federal council may prohibit the import, production and placing on the market of further narcotics if international agreements prohibit their production or the most important producer countries cease their production.394 any stocks of prohibited narcotics must be transformed under the supervision of the relevant cantonal authority in to a legally-permitted substance or, if this is not possible, destroyed.5 the federal office of public health may issue exceptional licences for cultivating, importing, producing and placing on the market the narcotics mentioned in paragraphs 1 and 3, where this is not prohibited by an international agreement and these narcotics are needed for scientific research, the development of medicinal products or for restricted medical use.406 for the cultivation of a narcotic mentioned in paragraphs 1 and 3 that is an active ingredient in an authorised medicinal product, an exceptional licence is required from the federal office of public health.417 for the import, production and placing on the market of a narcotic mentioned in paragraphs 1 and 3 that is an active ingredient in an authorised medicinal product, a licence is required from the agency in accordance with article 4.428 the federal office of public health may grant exceptional licences, provided the substances mentioned in the paragraphs 1 and 3 are used in control measures.4334 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).35 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).36 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).37 amended by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).38 repealed by no i of the fa of 20 march 1975, with effect from 1 aug 1975 (as 1975 1220; bbl 1973 i 1348).39 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).40 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).41 inserted by no i of the fd on the medical prescription of heroin of 9 oct. 1998 (as 1998 2293; bbl 1998 1607). amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).42 inserted by no i of the fd on the medical prescription of heroin of 9 oct. 1998 (as 1998 2293; bbl 1998 1607). amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).43 inserted by no i of the fd on the medical prescription of heroin of 9 oct. 1998 (as 1998 2293; bbl 1998 1607). amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 8a44 pilot trials 1 after consulting the cantons and communes concerned, the federal office of public health may authorise scientific pilot trials involving narcotics containing an effective concentration of cannabinoids:a. that are limited in terms of location, time and subject matter;b. that allow findings to made on the impact of new regulations on the use of these narcotics for non-medical purposes and on the health of participants;c. that are conducted so as to ensure the protection of health and of minors, and the protection of public order and public safety; andd. in which, if possible, cannabis products are used that are of swiss origin and that comply with the rules of swiss organic farming.2 the federal council shall regulate the requirements for conducting the pilot trials. in doing so, it may derogate from articles 8 paragraphs 1 letter d and 5, 11, 13, 19 paragraph 1 letter f and 20 paragraph 1 letters d and e.3 narcotics containing an effective concentration of cannabinoids that are supplied in the course of the pilot trials are exempt from tobacco tax under article 4 of the tobacco tax act of 21 march 196945.44 inserted by no i of the fd on the medical prescription of heroin of 9 oct. 1998 (as 1998 2293; bbl 1998 1607). amended by no i of the fa of 25 sept. 2020, in force from 15 may 2021 to 14 may 2031 (as 2021 216; bbl 2019 2529).45 sr 641.31section 2 medical professionals art. 9 1 medical professionals as defined in the therapeutic products legislation46, who carry out their professional activities independently in accordance with the medical professions act of 23 june 200647 either as a private business or in the service of the cantons or communes and who have the relevant cantonal authorisation, and managers of public or hospital pharmacies may acquire, store, use and dispense narcotics without licences; the foregoing does not apply to exceptional licences under article 8. cantonal provisions on direct dispensing by physicians, dentists and veterinary surgeons are reserved.482 authorisation under paragraph 1 is also granted to medical professionals and students of medical professions at university level who are authorised by the relevant cantonal authority to represent a medical professional in a medical profession at university level.492a .503 .514 the cantons may limit the authorisation granted to dentists to specific narcotics.5 the conditions that apply to foreign sanatoriums in switzerland shall be regulated by the cantons shall in consultation with the agency.46 medicinal products licensing ordinance of 14 nov. 2014 (sr 812.212.1). the reference was adapted in application of art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512) on 1. jan. 2019.47 sr 811.1148 amended by no ii 1 of the fa of 20 march 2015, in force since 1 jan. 2018 (as 2015 5081, 2017 2703; bbl 2013 6205).49 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).50 inserted by no i of the fa of 18 dec. 1968 (as 1970 9 13; bbl 1968 i 737). repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).51 repealed by no ii 1 of the fa of 20 march 2015, with effect from 1 jan. 2018 (as 2015 5081, 2017 2703; bbl 2013 6205).art. 10 1 physicians and veterinary surgeons who carry out their professional activities independently in accordance with the medical professions act of 23 june 200652 are authorised to prescribe narcotics.532 foreign physicians and veterinary surgeons entitled to practise their professions in the swiss border areas under international agreements may use and prescribe the narcotics required for doing so; the related prescriptions must be executed by a pharmacy in the relevant border area.3 the federal council shall determine the additional requirements under which a prescription for narcotics issued by a foreign physician or veterinary surgeon in switzerland may be executed.52 sr 811.1153 amended by annex no 5 of the healthcare occupations act of 30 sept. 2016, in force since 1 feb. 2020 (as 2020 57; bbl 2015 8715).art. 11 1 physicians and veterinary surgeons are obliged to use, dispense and prescribe narcotics only in the quantities necessary according to the recognised rules of medical science.1bis physicians and veterinary surgeons who dispense narcotics authorised as medicinal products for indications other than those for which they were authorised must report this within 30 days to the relevant cantonal authorities. they must provide all the information requested by the relevant cantonal authorities on the nature and purpose of the treatment.542 paragraphs 1 and 1bis also apply to the use and dispensing of narcotics by dentists.5554 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).55 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 12 1 the cantons may revoke authorisation in accordance with article 9 for a limited period or permanently if the authorised medical professional56 is narcotics dependent or has committed an offence under articles 19-22.572 the order applies throughout the confederation.3 article 54 of the criminal code58 remains reserved.56 term: medicinal products licensing ordinance of 14 nov. 2018 (sr 812.212.1). the reference was adapted in application of art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512) on 1. jan. 2019.57 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).58 sr 311.0art. 13 in pharmacies, narcotics may only be dispensed to the public on the basis of a prescription from a physician or veterinary surgeon.section 3 hospitals and institutions art. 14 1 hospitals may be granted a licence by the relevant cantonal authority to acquire, store and use narcotics according to their operational requirements, provided a person specified in article 9 is responsible for their storage and use.2 institutions involved in scientific research may be granted a licence by the relevant cantonal authority to cultivate, acquire, store and use narcotics to the extent required for their own needs.593 article 8 is reserved.6059 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).60 inserted by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).section 3a61 organisations and authorities 61 inserted by no i of the fa of 18 dec. 1968 (as 1970 9; bbl 1968 i 737). amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645). art. 14a 1 the federal council may license national or international organisations such as those of the red cross, the united nations, its special organisations and national institutions, and authorities such as the customs and border guard agencies to acquire, import, store, use, prescribe, dispense or export narcotics in the course of their activities.1bis the cantons may grant a licence cantonal authorities and communal authorities, in particular the police, in accordance with paragraph 1.2 the federal council and the cantons may revoke the licence they have granted for a limited period or permanently where special circumstances so require.section 4 .62 62 repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645). art. 1563 63 repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 15a-15c64 64 inserted by no i of the fa of 20 march 1975 (as 1975 1220; bbl 1973 i 1348). repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).chapter 3 control art. 1665 for each supply of narcotics, a delivery note must be issued and handed to the recipient with the product. the supply must be reported to the agency separately. exempted from the foregoing is dispensing by authorised medical professionals66 for the treatment of persons and animals and to physicians in the same cantonal territory who do not dispense directly.65 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).66 term: medicinal products licensing ordinance of 14 nov. 2018 (sr 812.212.1). the reference was adapted in application of art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512) on 1. jan. 2019.art. 17 1 businesses, persons and institutions who hold a licence under articles 4 and 14 paragraph 2 are obliged to keep constant records of all dealing with narcotics.672 the businesses and persons mentioned in article 4 must report to the agency68 at the end of each year on their dealing with narcotics and the stocks that they hold.693 businesses and persons licensed to cultivate, produce and process narcotics must also report to the agency annually on the extent the area under cultivation and the type and quantity of narcotics obtained, produced and processed.704 the persons authorised under article 9 to acquire, use or dispense narcotics or the persons responsible for them under article 14 paragraph 1 must justify the use of the narcotics.5 the federal council shall issue provisions on safeguarding, labelling and promoting narcotics, as well as the information given on package inserts.7167 amended by no i of the fa of 18 dec. 1968, in force since 1 jan. 1970 (as 1970 9 13; bbl 1968 i 737).68 revised by the federal assembly drafting committee (art. 33 parlpa; as 1974 1051).69 amended by annex no ii 3 of the therapeutic products act of 15 dec. 2000, in force since 1 jan. 2002 (as 2001 2790; bbl 1999 3453).70 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).71 inserted by no i of the fa of 18 dec. 1968, in force since 1 jan. 1970 (as 1970 9 13; bbl 1968 i 737).art. 18 1 the businesses, persons, facilities and institutions subject to official control must make their areas under cultivation, production, sales and storerooms accessible to the control agencies, together with their stocks of narcotics and all related receipts. they must provide information whenever requested to do so by the authorities.722 the public officials of the confederation and the cantons who are delegated the task of controlling dealings in narcotics must treat the information obtained in doing so as confidential. the duty of confidentiality as defined in article 320 of the criminal code73 is unlimited in time.72 amended by no i of the fa of 18 dec. 1968, in force since 1 jan. 1970 (as 1970 9 13; bbl 1968 i 737).73 sr 311.0chapter 3a74 data protection under the schengen association agreements 74 inserted by art. 3 no 9 of the fd of 17 dec. 2004 on the adoption and implementation of the bilateral agreements between switzerland and the eu on the association to schengen and dublin, in force since 12 dec. 2008 (as 2008 447 5405 art. 1 let. f; bbl 2004 5965).art. 18a disclosure of personal data to a state bound by one of the schengen association agreements the disclosure of personal data to the relevant authorities of states bound by one of the schengen association agreements75 is equivalent to the disclosure of personal data between federal bodies.75 agreement of 26 oct. 2004 between the swiss confederation, the european union and the european community on the swiss confederation's association with the implementation, application and development of the schengen acquis (sr 0.362.31); agreement of 28 april 2005 between the swiss confederation and the kingdom of denmark on the implementation, application and development of those parts of the schengen acquis that are based on the provisions of title iv of the treaty establishing the european community (sr 0.362.33); agreement of 17 dec. 2004 between the swiss confederation, republic of iceland and the kingdom of norway on the implementation, application and development of the schengen acquis and on the criteria and procedure for determining the state responsible for examining an application for asylum lodged in switzerland, iceland or norway (sr 0.362.32); protocol of 28 feb. 2008 between the swiss confederation, the european union, the european community and the principality of liechtenstein on the accession of the principality of liechtenstein to the agreement between the swiss confederation that european union and the european community on the association of the swiss confederation with the implementation, application and development of the schengen acquis (sr 0.362.311).art. 18b76 76 repealed by no 7 of the fa of 19 march 2010 on the implementation of council framework decision 2008/977/ji on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 dec. 2010 (as 2010 3387; bbl 2009 6749).art. 18c right to information the right to information is governed by the federal or cantonal data protection provisions.77 the proprietor of the data collection shall also provide information on the details available on the origin of the data.77 amended by no 7 of the fa of 19 march 2010 on the implementation of council framework decision 2008/977/ji on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 dec. 2010 (as 2010 3387; bbl 2009 6749).art. 18d and 18e78 78 repealed by no 7 of the fa of 19 march 2010 on the implementation of council framework decision 2008/977/ji on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 dec. 2010 (as 2010 3387; bbl 2009 6749).chapter 4 criminal provisions section 1 offences79 79 inserted by no i of the fa of 28 sept. 2012, in force since 1 oct. 2013 (as 2013 1451; bbl 2011 8195 8221). art. 1980 1 any person who without authorisation:a. cultivates, produces or otherwise produces narcotic substances;b. stores, sends, transports, imports, exports or carries in transit narcotic substances,c. sells or prescribes narcotic substances, or otherwise procures for such substances for another or places such substances on the market;d. possesses, keeps, buys, acquires or otherwise obtains narcotic substances;e. finances the unlawful trade in narcotic substances or arranges its financing;f. publicly encourages the consumption of narcotic substances or publicly announces the opportunity to acquire or consume narcotic substances;g. makes preparations for any of the acts mentioned in letters a-f,is liable to a custodial sentence not exceeding three years or to a monetary penalty.2 the offender is liable to a custodial sentence of not less than one year, which may be combined with a monetary penalty, if he or she:a. knows or must assume that the offence relates to a quantity of narcotic substances that could directly or indirectly endanger the health of a large number of people;b. acts as a member of a group that has been formed in order to trade unlawfully in narcotic substances;c. achieves a high turnover or substantial profit through commercial trading;d. offers, provides or otherwise makes available narcotic substances in educational institutions attended primarily by young persons or in the immediate vicinity of such institutions.3 the court may at its discretion mitigate the penalty in the following cases:a. an offence under paragraph 1 letter g;b. an offence under paragraph 2, where the offender is dependent on narcotic substances and the offence was intended to finance his or her own consumption of narcotic substances.4 the offender also commits an offence under the provisions of paragraphs 1 and 2 if he or she committed the offence abroad but is apprehended in switzerland and is not extradited, provided the act is also an offence at the place of commission. if the law at the place of commission is more lenient, it shall be applied. article 6 of the criminal code81 applies.80 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).81 sr 311.0art. 19bis 82 any person who offers, supplies or in any other way makes accessible narcotics to a person under 18 without medical grounds for doing so is liable to a custodial sentence not exceeding three years or a monetary penalty.82 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 19a83 1. any person who wilfully consumes without authorisation narcotics or any person who commits an offence in terms of article 19 for his or her own consumption is liable to a fine84.2. in minor cases, no proceedings may be taken or the penalty may be waived. an official caution may be issued.3. if the offender is or makes himself or herself subject to medically supervised care due to consumption of narcotics, prosecution may be waived. criminal proceedings shall be conducted if the offender withdraws from care or treatment.4. if the offender is dependent on narcotics, the court may order him or her to be admitted to a hospital. article 44 of the criminal code85 applies mutatis mutandis.83 inserted by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).84 term in accordance with annex no 3 of the fa of 13 dec. 2002, in force since 1 jan. 2007 (as 2006 3459; bbl 1999 1979). this amendment has been made throughout the text.85 sr 311.0. now art. 60 and 63.art. 19b86 1 any person who prepares a negligible quantity of a narcotic for his or her own consumption or supplies a person over the age of 18 free of charge for the purpose of consuming the narcotic together at the same time does not commit an offence.2 10 grams of a narcotic containing an effective concentration of cannabinoids constitutes a negligible quantity.8786 inserted by no i of the fa of 20 march 1975 (as 1975 1220; bbl 1973 i 1348). amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).87 inserted by no i of the fa of 28 sept. 2012, in force since 1 oct. 2013 (as 2013 1451; bbl 2011 8195 8221).art. 19c88 any person who wilfully incites or attempts to incite another to consume narcotics without authorisation is liable to a fine.88 inserted by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).art. 2089 1 any person who:a. makes an application containing false information in order to obtain an import, transit or export licence for him or herself or for another;b. without a licence diverts narcotics or substances in accordance with article 3 paragraph 1 for which he or she holds a swiss export licence to a different destination in switzerland or abroad;c. without a licence cultivates, produces, imports or exports, stores or places on the market substances and preparations in accordance with article 7;d. as a medical professional90 uses or dispenses narcotics other than in accordance with articles 11 or 13;e. as a physician or veterinary surgeon prescribes narcotics other than in accordance with article 11;is liable to a custodial sentence not exceeding three years or to monetary penalty.2 the offender is liable to a custodial sentence of no less than one year if he or she achieves a large turnover or substantial profit through commercial trading. the custodial sentence may be combined with a monetary penalty.89 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).90 term: medicinal products licensing ordinance of 14 nov. 2018 (sr 812.212.1). the reference was adapted in application of art. 12 para. 2 of the publications act of 18 june 2004 (sr 170.512) on 1. jan. 2019.art. 2191 1 any person who wilfully:a. fails to file reports under articles 11 paragraph 1bis, 16 and 17 paragraph 1, issue the required delivery notes or make narcotics controls or provides false information therein or omits to enter information that he or she should have included;b. uses delivery notes or narcotics controls that contain false or incomplete information;is liable to a custodial sentence not exceeding three years or monetary penalty.2 the offender is liable to a fine if he or she acts through negligence.91 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 2292 any person who wilfully or negligently:a. fails to fulfil his or her duties of care as a person authorised to deal with narcotics;b. breaches the provisions on narcotics advertising and information;c. breaches storage and retention obligations;d. breaches an implementation regulation issued by the federal council or the relevant department, the contravention of which is declared a criminal offence, or an order issued to him containing a reference to the penalty under this article;is liable to a fine.92 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 2393 1 if a public official responsible for implementing this act wilfully commits an offence under articles 19-22, the penalty shall be increased appropriately.2 a public official responsible for combating unauthorised dealings in narcotics who accepts an offer of narcotics in order to assist with investigations does not commit an offence, even if he or she does not disclose his or her identity and function.9493 amended by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).94 amended by art. 24 no 2 of the fa of 20 june 2003 on covert investigations, in force since 1 jan. 2005 (as 2004 1409; bbl 1998 4241).art. 2495 1 unlawful assets located in switzerland shall be forfeited to the state even if the offence is committed abroad. where there is no place of jurisdiction under article 32 of the criminal procedure code of 5 october 200796 (cpc), the canton in which the assets are located is responsible for arranging their forfeiture.972 the relevant authorities shall confiscate the narcotics obtained in implementing this act and arrange for their disposal or destruction.9895 amended by no i of the fa of 20 march 1975, in force since 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).96 sr 312.097 second sentence amended by annex 1 no ii 27 of the criminal procedure code of 5 oct. 2007, in force since 1 jan. 2011 (as 2010 1881; bbl 2006 1085).98 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 2599 99 repealed by no i of the fa of 20 march 1975, with effect from 1 aug. 1975 (as 1975 1220; bbl 1973 1348).art. 26 the general provisions of the criminal code100 apply unless this act itself contains provisions.100 sr 311.0art. 27101 1 the special provisions of the criminal code102 and the provisions of the foodstuffs act of 20 june 2014103 are reserved.1042 in the event of the unauthorised import, export or transit of narcotics in accordance with article 19, the criminal provisions of the customs act of 18 march 2005105 and the ordinance of 29 march 2000106 to the federal act on value added tax do not apply.101 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).102 sr 311.0103 sr 817.0104 amended by annex no ii 4 of the foodstuffs act of 20 june 2014, in force since 1 may 2017 (as 2017 249; bbl 2011 5571).105 sr 631.0106 [as 2000 1347, 2001 3294 no ii 4, 2004 5387, 2006 2353 4705 no ii 45, 2007 1469 annex 4 no 24 6657 annex no 9. as 2009 6743 art. 163]. see now: the value added tax ordinance of 27 nov. 2009 (sr 641.201).section 2 prosecution107 107 inserted by no i of the fa of 28 sept. 2012 (as 2013 1451; bbl 2011 8195 8221). amended by annex no ii 3 of the fixed penalties act of 18 march 2016, in force since 1 jan. 2020 (as 2017 6559, 2019 527; bbl 2015 959). art. 28108 1 prosecution is the responsibility of the cantons.2 articles 6 and 7 of the federal act of 22 march 1974109 on administrative criminal law also apply to prosecution by cantonal authorities.3 notice of convictions, penalty orders and decisions not to proceed in cases under article 19 paragraph 2 must be given in full written form to the federal office of police immediately after they are issued where the indictment demanded an unsuspended custodial sentence.108 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).109 sr 313.0art. 28a110 offences under articles 20-22 that are established by the relevant federal authority in the area subject to federal law enforcement shall be prosecuted and judged by that authority. the procedure is governed by the federal act of 22 march 1974111 on administrative criminal law.110 inserted by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).111 sr 313.0art. 28b-28l112 112 inserted by no i of the fa of 28 sept. 2012 (as 2013 1451; bbl 2011 8195 8221). repealed by annex no ii 3 of the fixed penalties act of 18 march 2016, with effect from 1 jan. 2020 (as 2017 6559, 2019 527; bbl 2015 959).chapter 5113 tasks of the cantons and the confederation 113 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645). section 1 tasks of the confederation art. 29 1 the confederation exercises oversight over the implementation of the act.2 it conducts controls at the border (import, transit and export) and in customs warehouses and bonded warehouses.3 the confederation and the cantons work together to fulfil their tasks under this act and shall coordinate their measures. they may call on the assistance of other organisations concerned.4 the federal council shall appoint a specialist committee114 to advise it on the issue of addiction.114 the name of the committee was amended on 1 feb. 2019 in application of art. 20 para. 2 of the publications act of 7 oct. 2015 (sr 170.512.1).art. 29a 1 the federal office of public health shall arrange for the scientific evaluation of the measures under this act. it may give the data obtained under article 3f in anonymised form to the federal statistical office for evaluation and publication.2 on completion of important evaluations, the federal department of home affairs shall submit a report to the federal council and the relevant committees of the federal assembly on the results and shall submit proposals for further action.3 the federal office of public health shall maintain a documentation, information and coordination office.4 the agency shall submit reports in accordance with the international agreements.art. 29b 1 in relation to combating unauthorised dealing in narcotics, the federal office of police acts as a national analysis, coordination and investigation agency in accordance with the federal act of 7 october 1994115 on the central offices of the federal criminal police.2 it has the following tasks:a. it assists the authorities of other states to combat unauthorised dealing in narcotics within the framework of existing mutual assistance regulations and legal practices.b. it compiles documents that may assist in preventing offences against this act and facilitate the prosecution of offenders.c. it liaises with:1. corresponding services in the federal administration (federal office of public health, directorate general of customs);2.116 swiss post;3. the special tasks service (fdjp);4. the cantonal police authorities;5. the central agencies in other countries;6. the international criminal police organisation interpol.3 customs and border guard authorities shall report offences against this act to the federal office of police so that the information can be passed on to foreign and international authorities; they shall also inform the cantons.4 taking evidence in connection with international mutual assistance in criminal cases relating to narcotics is governed by the relevant provisions of the criminal procedure code of 5 october 2007117.115 sr 360116 amended by annex no ii 5 of the postal services act of 17 dec. 2010, in force since 1 oct. 2012 (as 2012 4993; bbl 2009 5181).117 sr 312.0art. 29c 1 the federal council shall designate a national reference laboratory; this shall conduct research, provide information and coordinate in analytical, pharmaceutical and clinical-pharmacological matters involving narcotics and substances under articles 2, 3 paragraph 1 and 7 paragraph 3.2 the federal council shall designate a national monitoring agency to monitor the problems of addiction. this agency shall collect, analyse and interpret statistical data. it shall work with the cantons and the international organisations.3 the confederation may delegate to third parties specific tasks of research, information and coordination and of monitoring the problems of addiction under paragraphs 1 and 2.section 2 tasks of the cantons art. 29d 1 the cantons shall issue the required regulations for implementing the federal law and designate the relevant authorities and offices responsible for:a. the tasks and powers in relation to prevention, therapy, reintegration, harm reduction and survival support (chapter 1a), in particular to receive reports on persons with existing or imminent disorders associated with addiction (art. 3c);b. granting licences (art. 3e, 14 and 14a para. 1bis);c. accepting reports on narcotics dispensed or prescribed for conditions other than those permitted (art. 11 para. 1bis);d. controls (art. 16-18);e. prosecution (art. 28) and for revoking authorisation to deal in narcotics (art. 12);f. the supervision of the authorities and agencies mentioned in letters a-e and of authorised licensed treatment and social assistance agencies.2 the cantons have the power to charge fees for licences that they grant (art. 3e, 14 and 14a para. 1bis) and for special rulings and controls.3 the cantons shall notify the federal department of home affairs of their implementing regulations.art. 29e 1 the cantonal governments shall report to the federal council regularly on the implementation of this act and the observations made in doing so, and shall provide the required data (art. 29c para. 2).2 the cantons must notify the federal office of police promptly in accordance with the provisions of the federal act of 7 october 1994118 on the central offices of the federal criminal police of any prosecutions initiated due to offences against this act. the relevant information shall be transmitted electronically or entered directly in the data processing systems of the federal office of police. the federal council shall regulate the details.118 sr 360chapter 6 final provisions art. 30119 1 the federal council shall issue the required implementing provisions.2 it shall specify the fees that the agency charges for licences, controls and services. it may delegate his power to the agency.3 it shall specify in specific cases the powers, the detailed requirements for their exercise and the methods for the required controls when granting licences to organisations, institutions and authorities as defined in article 14a. it may if necessary issue alternative regulations to the act when regulating the controls.119 amended by no i of the fa of 20 march 2008, in force since 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 31-34120 120 repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 35121 121 repealed by no i of the fa of 20 march 1975, with effect from 1 aug. 1975 (as 1975 1220; bbl 1973 i 1348).art. 36122 122 repealed by no i of the fa of 20 march 2008, with effect from 1 july 2011 (as 2009 2623, 2011 2559; bbl 2006 8573 8645).art. 37 1 the federal council shall specify the date on which this act takes effect.2 on this date, the federal act of 2 october 1924123 concerning narcotics and provisions of federal and cantonal acts and ordinances that conflict with this act shall be repealed.commencement date: 1 june 1952124123 [bs 4 434]124 fcd of 4 march 1952.

812.212.1english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinanceon licensing in the medicinal products sector(medicinal products licensing ordinance, mplo)of 14 november 2018 (status as of 1 january 2020)the swiss federal council,having regard to the therapeutic products act of 15 december 20001 (tpa),ordains:1 sr 812.21chapter 1 subject matter and definitions art. 1 object and definition of terms 1 this ordinance regulates:a.the manufacture of medicinal products;b.wholesale trading in medicinal products;c.the import, export and transit trade in medicinal products;d.trading in medicinal products in foreign countries from switzerland;e.the extracting of blood for transfusions or for the manufacture of medicinal products together with other essential elements of transfusion safety in handling blood and labile blood products;f.brokerage or agency activities in connection with medicinal products;g.temporary licences to use medicinal products in accordance with article 9b paragraph 1 tpa.2 with the exception of articles 27, 28 and 47, this ordinance applies by analogy to the handling of transplant products as described in article 2 paragraph 1 letter c of the transplantation ordinance of 16 march 20072.3 articles 29-38 do not apply to transplant products described in article 2 paragraph 1 letter c number 2 of the transplantation ordinance of 16 march 2007.2 sr 810.211art. 2 definitions in this ordinance:a.active pharmaceutical ingredients means substances or mixtures to which the effect of a ready-to-use medicinal product is attributed and which are used in ready-to-use medicinal products;b.immunological medicinal products means medicinal products administered to create active or passive immunity or help diagnose immunity status, in particular vaccines, toxins and sera, and medicinal products intended to identify or cause a particular acquired modification of the immune response to an allergising substance, such as allergens;c.ready-to-use medicinal product means a medicinal product that has been released technically on the basis of the entire manufacturing process and is available in a form and presentation enabling it to be used as intended;d.blood means human blood;e.labile blood products means products that are extracted from donated blood, either directly or in one or a small number of manufacturing steps, and which quickly change without any external influence, in particular cell preparations and plasma;f.medicated feedingstuffs means ready-to-use veterinary medicinal products comprising a mixture of premixed medicinal products and feedstuffs or drinking water;g.premixed medicinal products means veterinary medicinal products, comprising active ingredients and excipients intended for mixing with animal feedstuffs or drinking water or for direct administration to a category of animals;h.batch means a homogeneous and defined quantity of raw materials, medicinal products or packaging material prepared in one manufacturing operation or in a series of manufacturing operations;i.system to ensure the pharmaceutical quality of medicinal products means the whole range of measures taken to ensure that medicinal products have the necessary quality for their intended use;j.medical personnel means doctors, dentists, veterinary surgeons and pharmacists;k.facilities means individual parts or groups of buildings or systems, in one or more locations, and vehicles and other resources involved in the manufacturing, testing, import and export of medicinal products, in wholesale trading or trading abroad with medicinal products, or in brokerage or agency activities related to medicinal products;l.wholesale trade means all activities relating to the paid or unpaid transferring or provision of medicinal products - from acquisition, stockage, storage, offering and advertising to the supply of medicinal products - to persons authorised to trade in them, process them, dispense them or use them in a professional capacity;m.import means all the activities listed under letter l relating to the transport of medicinal products into switzerland;n.export means all the activities listed under letter l relating to the transport of medicinal products out of switzerland;o.technical release means the decision taken on completion of manufacture or of a step in the manufacturing process confirming that the batch in question conforms to the requirements of internal or external clients in terms of composition, manufacturing procedure, specifications and quality and was manufactured in compliance with the rules of good manufacturing practice (gmp) as shown in annex 1 or 2.chapter 2 establishment licences section 1 manufacturing licence art. 3 conditions for granting a licence 1 any person applying to the swiss agency for therapeutic products (swissmedic) for a manufacturing licence must prove that:a.a system to ensure the pharmaceutical quality of medicinal products is in operation and that the company management and staff in the individual departments concerned take an active part in such a system;b.each department has a sufficient number of qualified and competent staff members to enable it to achieve its quality targets;c.a responsible person as described in articles 5 and 6 is available;d.the facilities are organised in an appropriate way;e.the facilities are designed, structured, maintained and modernised regularly to guarantee the safe manufacture of medicinal products and the premises and equipment that can influence the quality of the medicinal products are qualified for their purpose;f.a documentation system is available to provide the working instructions, process descriptions and protocols of the relevant manufacturing procedures;g.the manufacturing, testing and cleaning procedures are validated;h.quality control is separate from manufacture;i.the obligations described in articles 4 and 7 and in relation to the manufacture of labile blood products and the obligations in articles 28-38 are met.2 the work of all persons occupying key positions in the company must be set out in job descriptions and their hierarchical positions set out in organisational charts.3 swissmedic may specify further technical requirements and details.art. 4 responsibility and good manufacturing practice 1 holders of a licence under article 3 are responsible for the processing and working procedures they carry out.2 medicinal product manufacture must be carried out in accordance with the rules of good manufacturing practice described in annex 1 or 2.3 in the manufacture of complementary medicinal products, the gmp rules must be followed by analogy and the specific regulations for the therapies concerned which are laid down in the pharmacopoeias recognised by swissmedic must be adhered to.art. 5 technical supervision of the facilities 1 the responsible person is responsible for the direct technical supervision of the facilities and in particular ensures that the medicinal products are handled appropriately.2 they are responsible for the quality of the manufactured medicinal products and ensure that the legal provisions applicable to therapeutic products are observed.3 they are authorised to issue instructions within their sphere of activity.4 they and the company management jointly ensure their deputisation by adequately qualified specialists.5 if the facilities cease operations, or if operations can be expected to cease imminently, the responsible person must report this situation to swissmedic without delay.6 they may not sit on one of the facilities' supervisory committees and must decide on the release or rejection of batches independently of the company's management. swissmedic may grant a licence to small facilities without such segregation if they cannot implement the segregation because of their size.7 if the size and nature of the facilities permit this activity to be performed on a part-time basis, responsibilities must be set out in writing and the minimum number of hours during which the person must be present in the facility must be determined.art. 6 individual requirements that the responsible person must fulfil 1 the responsible person must have the necessary technical knowledge and be trustworthy. they must also fulfil the following professional requirements:a.for the manufacture of ready-to-use medicinal products or intermediate products, the responsible person must be a qualified pharmacist with professional experience;b.for the manufacture of labile blood products or immunological medicinal products the responsible person must have a university degree in medicine or a life science and have the necessary professional experience;c.for the manufacture of active pharmaceutical ingredients or medicated feedingstuffs, the responsible person must have a university degree in a life science and the necessary professional experience;d.for the manufacture of radiopharmaceuticals, the responsible person must have a certificate issued by the european association of nuclear medicine for radiopharmacy and have the necessary experience.2 if a person can prove sufficient knowledge and experience, swissmedic may also recognise other professional qualifications for this job.3 swissmedic may specify further details to article 5 and this article, in particular the minimum number of hours during which the responsible person must be present in the facility and the requirements that they must fulfil in terms of training and experience.art. 7 technical release 1 the responsible person decides on the technical release of a product batch.2 they issue a batch certificate confirming that the batch in question conforms to the requirements of internal or external clients in terms of composition, manufacturing procedure, specifications and quality and was manufactured in compliance with the gmp rules in accordance with annex 1 or 2.art. 8 cantonal manufacturing licence 1 hospital pharmacists and persons in possession of a cantonal licence in accordance with article 30 tpa who prepare medicinal products in accordance with article 9 paragraph 2 letters a-cbis or paragraph 2bis tpa must carry out a risk assessment in accordance with annex 3. this provision does not apply to the cases set out in paragraph 6 below.2 the conduct of these risk assessments should be documented. this documentation should be presented to the cantonal supervisory authority on request.3 if the risk assessment produces a value below the threshold specified in annex 3, a cantonal manufacturing licence is required instead of a licence issued by swissmedic.4 the licence is granted if it can be ensured that the rules of good manufacturing practice for small quantities of medicinal products in accordance with annex 2 are observed.5 the cantons regulate the other conditions for the granting of the licence in accordance with paragraph 3 and periodically carry out facility checks.6 any person who manufactures radiopharmaceuticals requires a licence granted by swissmedic.art. 9 surveys of medicinal products prepared in accordance with article 9 paragraph 2 letters a-cbis tpa the cantons may conduct surveys among manufacturers concerning the medicinal products prepared in accordance with article 9 paragraph 2 letters a-cbis and paragraph 2bis tpa. the manufacturers are obliged to provide the necessary information to the cantons on request.art. 10 cantonally authorised medicinal products the preparation of medicinal products in accordance with article 9 paragraph 2 letter f tpa is exempt from licensing by swissmedic.section 2 licence for the import, wholesale trade and export of medicinal products art. 11 general preconditions 1 any person applying for a licence to import medicinal products must prove that:a.a system to ensure the pharmaceutical quality of medicinal products is in operation and that the company management and staff in the individual departments concerned take an active part in such a system;b.each department has a sufficient number of qualified and competent staff members to enable it to achieve its quality targets;c.the tasks of all persons occupying key positions in the company are set out in job descriptions and their hierarchical positions are set out in organisational charts;d.a responsible person in accordance with articles 17 and 18 is available;e.the facilities are organised in an appropriate way;f.the facilities are designed, structured, maintained and modernised regularly to guarantee the safe import of medicinal products;g.a documentation system is available that comprises the working instructions, process descriptions and protocols of the relevant import procedures;h.the requirements and obligations of articles 15 and 16 are fulfilled;i.the manufacturer of the medicinal products to be imported has a manufacturing licence issued by a country whose gmp control system is considered by swissmedic to be equivalent, or which states that the medicinal products are manufactured in compliance with the gmp rules valid in switzerland.2 any person who applies for a licence to trade wholesale in medicinal products or a licence to export medicinal products must fulfil the requirements stated in paragraph 1 letters a-h; letters f and g apply by analogy.3 swissmedic may specify further technical requirements and details.art. 12 additional preconditions 1 any person who applies for a licence to trade wholesale in medicinal products or a licence to import ready-to-use medicinal products, and who in addition wishes to release ready-to-use medicinal products onto the market in their capacity as holder of the marketing authorisation must fulfil the requirements stated in article 11 and also ensure that:a.an analysis sample sufficient for two complete release analyses is kept of each batch of a medicinal product released onto the market;b.an inspection sample is available for each batch of a medicinal product;c.general and batch-specific documentation of the manufacture of a medicinal product, including documentation of its technical release and testing, is available;d.a person is appointed for pharmacovigilance who has the appropriate specialist knowledge and is in charge of reporting adverse drug reactions in accordance with articles 61 and 65 of the therapeutic products ordinance of 21 september 20183 (tpo);e.the requirements described in article 13 have been fulfilled.2 the person described in paragraph 1 letter d need not be on the staff of the company; however, their responsibilities must in all cases be described in writing.3 any person who applies for a licence to trade wholesale in medicinal products or a licence to import or export medicinal products and who in addition, and in their capacity as customer, wishes to have medicinal products manufactured or tested by a third party, must fulfil the requirements described in article 11 and also ensure that:a.the contractor has the information and qualifications necessary to manufacture the medicinal product lawfully;b.each batch of a medicinal product fulfils the requirements established for composition, manufacturing procedure, specifications and quality and is manufactured in conformity with the gmp rules;c.general and batch-specific documentation on the manufacture of a medicinal product, including documentation of its technical release and testing, is available.4 swissmedic may specify further technical requirements and details.3 sr 812.212.21art. 13 market release 1 the responsible person employed by the holder of the marketing authorisation decides on the market release of a batch before it is placed on the market. 2 they check whether:a.a valid batch certificate issued by the manufacturer is available and whether the batch was manufactured in conformity with the gmp rules described in annex 1;b.the batch in question fulfils the requirements of the authorisation;c.the conditions described in articles 11 and 12 have been fulfilled; andd.the entire supply chain is in conformity with the authorisation and the gdp rules described in annex 4.3 swissmedic may specify additional checks.4 the responsible person confirms that the checks described in paragraphs 2 and 3 have been performed.art. 14 reanalysis if ready-to-use medicinal products are manufactured in a state with which switzerland has not signed an agreement on the mutual recognition of the gmp control procedures and there are justified doubts about the safety or quality of the batches to be imported, swissmedic may order that each batch undergo reanalysis in switzerland.art. 15 responsibility and good distribution practice 1 holders of a licence under article 11 bear responsibility for the activities they carry out.2 the import, export and wholesale trading of ready-to-use medicinal products must conform to the gdp rules described in annex 4. these rules also apply by analogy to veterinary medicinal products and non-ready-to-use medicinal products.art. 16 mandatory documentation licence holders must keep the following documents in particular in order to ensure traceability:a.the name of the medicinal product;b.the transaction date;c.the quantity;d.the batch number;e.the expiry date;f.the name and address of the supplier and the customer.art. 17 technical supervision of the facilities 1 the responsible person is responsible for the direct technical supervision of the facilities and in particular ensures that the medicinal products are handled appropriately. 2 they ensure that the import, export and wholesale trading in medicinal products are in conformity with the gdp rules described in annex 4 and ensure that the legal provisions applicable to therapeutic products are observed.3 they are authorised to issue instructions within their sphere of activity. 4 they and the company management jointly ensure their deputisation by adequately qualified specialists.5 if the facilities cease operations, or if operations can be expected to cease imminently, they must report this situation to swissmedic without delay.6 they may not sit on one of the facilities' supervisory committees and must decide on the release or rejection of batches independently of the company's management. swissmedic can grant a licence to small facilities without such segregation if they cannot implement the segregation because of their size.7 if the size and nature of the facilities permit this activity to be performed on a part-time basis, responsibilities must be specified in writing and the minimum number of hours during which the person must be present in the facility must be determined.art. 18 individual requirements that the responsible person must fulfil 1 the responsible person must have the necessary training, technical knowledge and experience, and be trustworthy.2 to obtain a licence in accordance with article 12 paragraphs 1 and 3, the responsible person must also fulfil the following requirements and tasks:4a.the responsible person must possess a degree in pharmacology and the necessary experience in the manufacture of ready-to-use medicinal products. if the person can prove sufficient knowledge and experience in the medicinal products sector, swissmedic may also recognise other professional qualifications for this job.b.in granting market release, the responsible person ensures that each batch is not placed on the swiss market until all the applicable conditions of articles 11-13 have been fulfilled and the entire supply chain is in conformity with the authorisation and the gdp rules. 3 swissmedic may specify further details to article 17 and this article, in particular the minimum number of hours during which the responsible person must be present in the facility and the requirements that they must fulfil in terms of training and experience.4 correction of 28 may 2019 (as 2019 1605).art. 19 import of non-authorised medicinal products for clinical trials 1 the import of medicinal products for use in a clinical trial in accordance with the protocol for that trial requires a licence issued by swissmedic. this licence also covers the individual import of immunological medicinal products and of blood and blood products.2 a licence is not required if the importing person or institution already holds a licence as described in article 11.art. 20 exemption from mandatory licensing 1 doctors and veterinary surgeons who practise their profession on both sides of the border in accordance with current international agreements may import and export ready-to-use medicinal products in small quantities without a licence insofar as this is indispensable for practising their profession.2 any person holding a cantonal licence to dispense medicines as a public pharmacy, hospital pharmacy or drugstore does not require an operating licence from swissmedic for the wholesale trade in medicines occasionally conducted with other holders of a cantonal dispensing licence in the canton in which they are established. if the medicines are sold to more than five customers a year or if distribution is transferred to a third party, an operating licence from swissmedic is required.3 for wholesale trade activities in accordance with paragraph 2, the gdp rules described in annex 4 apply mutatis mutandis.4 the cantonal authorities must be notified of wholesale trade activities in accordance with paragraph 2.section 3 licence for trading in foreign countries art. 21 preconditions 1 any person applying for a licence to trade in foreign countries must prove that:a.the facilities operate a system to ensure the pharmaceutical quality of medicinal products and that the company management and staff in the individual departments concerned take an active part in this system;b.a responsible person in accordance with article 23 is available;c.the facilities are organised in an appropriate way;d.a documentation system is available that comprises the working instructions, process descriptions and protocols of the relevant procedures involved in the activities;e.due diligence is exercised as described in article 22.2 swissmedic may specify further technical requirements and details.3 the licence does not entitle the holder to issue manufacturing orders.art. 22 due diligence 1 holders of a licence under article 21 are responsible for the correct conduct of trade with medicinal products and the traceability of the buying and selling of medicinal products.2 they ensure that supplier and customer are authorised to carry out the work procedures that they perform. they must be able to prove this.3 they obtain in particular the documents showing the quality of the medicinal product and those showing at least the transaction date, quantity, batch number, expiry date and exact name of the medicinal product and the name and address of the supplier and customer, and keep these documents.4 they ensure, including during transport, that the necessary storage conditions remain within the limits determined by the manufacturer or stated on the packaging. they must be able to prove this in writing.5 they must provide the customer on each delivery with details of the original manufacturer and the original batch number of the merchandise delivered.6 they must forward to the customer or the supplier all information provided by any supplier or customer that pertains to the quality and safety of the medicinal product or is relevant for the authorities.7 they must operate an effective procedure for the batch recall of medicinal products.art. 23 technical supervision and responsible person 1 responsible persons carry out the direct technical supervision of the facilities and, in particular, ensure orderly trading in medicinal products.2 they are authorised to issue instructions within their sphere of activity.3 they ensure their deputisation by adequately qualified specialists.4 if the facilities cease operations, or if operations can be expected to cease imminently, they must report this situation to swissmedic without delay. 5 they must have the necessary training, expertise and experience, and be trustworthy. 6 they decide independently of the company's management and may not sit on any of the facilities' supervisory committees. swissmedic may grant a licence to small facilities without such segregation if they cannot implement the segregation because of their size.7 if the size and nature of the facilities permit this activity to be performed on a part-time basis, responsibilities must be specified in writing and the minimum number of hours that the responsible person must be present in the facility must be determined.8 swissmedic may specify further details, in particular the minimum number of hours that the responsible person must be present in the facility and the requirements that they must fulfil in terms of training and experience.section 4 licence to perform brokerage or agency activities art. 24 preconditions 1 any person applying for a licence to perform brokerage or agency activities must prove that:a.the facilities operate a functioning quality assurance system and that the company management and staff in the individual departments concerned take an active part in this system;b.a responsible person in accordance with article 26 is available;c.the facilities are organised in an appropriate way;d.a documentation system is available that comprises the working instructions, process descriptions and protocols of the relevant procedures;e.due diligence is exercised as described in article 25.2 swissmedic may specify further technical requirements and details.3 the licence does not entitle the holder to issue manufacturing orders.art. 25 due diligence 1 holders of a licence in accordance with article 24 must ensure that the supplier and the customer are authorised to carry out the work processes that they perform. they must be able to prove this.2 they must ensure that the medicinal products have not originated from illegal trading and are not intended for unlawful purposes.3 they must forward to the customer or the supplier all information provided by any supplier or customer regarding the quality and safety of the medicinal product or that is relevant for the authorities, in particular information about medicinal product recalls.4 the agents must additionally retain copies of the paperwork documenting the business transaction. art. 26 technical supervision and responsible person 1 responsible persons carry out the direct technical supervision of the facilities and in particular ensure compliance with due diligence within the facilities.2 they are authorised to issue instructions within their sphere of activity.3 they ensure their deputisation by adequately qualified specialists.4 if the facility ceases operations, or if operations can be expected to cease imminently, they must report this situation to swissmedic without delay.5 they must have the necessary training, expertise and experience, and be trustworthy.6 they decide independently of the company's management and may not sit on any of the facilities' supervisory committees. swissmedic may grant a licence to small facilities without such segregation if they cannot implement the segregation because of their size.7 if the size and nature of the facilities permit this activity to be performed on a part-time basis, responsibilities must be specified in writing and the minimum number of hours during which the responsible person must be present in the facility must be determined.8 swissmedic may specify further details, in particular the minimum number of hours during which the responsible person must be present in the facility and the requirements that they must fulfil in terms of training and experience.section 5 special provisions for blood and blood products art. 27 conditions for granting a licence for the collection of blood 1 any person applying for a licence to collect blood for transfusion or the manufacture of medicinal products in accordance with article 34 tpa must prove that:a.the conditions described in article 3 have been fulfilled;b.the responsible person fulfils the conditions of articles 5 and 6 and has a university degree in medicine or a life science and the scientific and medical experience needed to collect blood;c.blood is collected in compliance with the gmp rules described in annex 1;d.due diligence is exercised as described in articles 28-38.2 swissmedic may specify further technical requirements and details.art. 28 responsible person for haemovigilance 1 the holder of a licence for activities with blood or labile blood products must appoint a person responsible for haemovigilance.2 the responsible person must be a doctor and have the appropriate technical knowledge.3 this person has an obligation to report adverse drug reactions in accordance with articles 61 and 65 tpo5.4 swissmedic may also recognise persons with other professional qualifications as responsible persons, provided they possess sufficient knowledge and experience.5 while responsible persons do not need to be employees of the company, their responsibilities must in all cases be defined in writing.5 sr 812.212.21art. 29 donor suitability 1 the suitability of blood donors must be evaluated by a qualified physician with experience in transfusion medicine or by a person trained in this assessment who is working under the supervision of a qualified physician.2 the donors must be provided with comprehensive information about donating blood and the risks of infection with major pathogens must be explained before the blood donation so that they can decide not to donate blood if the blood they donate could represent a risk of infection for third parties.3 otherwise, the information provided in the context of a donation is guided by annex 5 number 3.4 persons in the following categories are not permitted to donate blood:a.those who have been diagnosed with hiv;b.those who are suffering from aids or who have symptoms indicative of an aids-related illness;c.those whose behaviour carries the risk of infection with hiv;d.intimate partners of persons described under letters a-c;e.those who carry a specific risk of prion infection;f.those who have received transplant material of animal origin.5 otherwise, donor suitability is evaluated in accordance with annex 5 number 1.art. 30 compulsory testing 1 a sample of every collected blood donation used for transfusion or to manufacture labile blood products must be tested in accordance with the testing requirements listed in annex 5 number 2.2 the tests must be performed using appropriate methods or procedures that are validated in accordance with the state-of-the-art scientific and technical knowledge and are suitable for testing donated blood and plasma.3 before blood or erythrocyte preparations are transfused, their compatibility with the recipient's blood must be established using appropriate methods.art. 31 appropriate tests and test procedures 1 if the tests are carried out abroad, it must be proven that they comply with the state-of-the-art scientific and technological knowledge.2 swissmedic may specify technical requirements and particulars in relation to the tests and test procedures.3 when tests are being carried out on blood or labile blood products intended for transfusion or to manufacture medicinal products, the rules of good practice must be adhered to in accordance with annex 1 of the ordinance of 29 april 20156 on microbiological laboratories.6 sr 818.101.32art. 32 procedure in the event of a positive test result 1 if the test is repeatedly reactive, the blood donation may not be used for transfusion or to manufacture blood products.2 if further confirmation tests on blood intended for autologous transfusion give a negative result or if the results of tests carried out in accordance with annex 5, number 2.2 letter d deviate from the norm, the treating physician decides whether to carry out the transfusion.art. 33 donor counselling 1 the donor may only be informed of a positive test result if the test has been confirmed using an appropriate method.2 where a donor is informed of a positive test result, they must also be offered counselling and assistance.3 the donor may refuse to be informed of a test result.art. 34 labelling 1 blood and labile blood products and the corresponding blood samples must be labelled in accordance with the rules of gmp and good practice in accordance with annex 1 of the ordinance of 29 april 20157 on microbiological laboratories.2 in the case of autologous transfusion, the label must also bear the name of the donor and the label must be signed by the autologous donor immediately before blood collection.3 autologous donations must be kept separate from homologous donations.7 sr 818.101.32art. 35 records and traceability 1 holders of a licence for handling blood and labile blood products must maintain records of all safety-relevant activities, in particular in relation to the collection of blood, and the manufacture, release, distribution, destruction and recall of blood or labile blood products.2 they must ensure that blood or labile blood products can be traced back to the donor. for this purpose, each blood donation must be given a donor number that makes it possible at any time to clearly identify the donation, the donor's medical history, every blood product made from his donation and all documents related to these products.3 whenever blood is donated, the following information must be recorded in detail:a.the date and identification of the donation and the donor;b.information on the decision on donor suitability and, if relevant, the reason for excluding a donor;c.the test results and their interpretation.4 each protocol must be signed by a person who is authorised to do so by the quality management system.art. 36 archiving and transmitting data 1 if the holder of a licence to handle blood and labile blood products ceases this activity prior to expiry of the archiving obligation in accordance with article 40 tpa, the archives must be handed over to swissmedic, or to the blood transfusion service of the swiss red cross if it is one of its establishments.2 swissmedic or the blood transfusion service of the swiss red cross destroys the archives on expiry of the archiving obligation.art. 37 protective measures 1 holders of a licence to handle blood or labile blood products must immediately take the necessary protective measures if they notice that:a.at the time of donation the donor did not fulfil the criteria required to be considered a suitable donor;b.the tests for transmittable diseases have not been carried out in accordance with the regulations;c.the donor has undergone seroconversion or has contracted a blood-borne infection;d.the recipient of a donation develops a post-transfusion infection which could be traced back to the donor;e.serious defects in relation to the gmp rules described in annex 1 have occurred during the blood collection process or the manufacturing of labile blood products.2 the measures that will be taken if the situations described in paragraph 1 letters b-e occur must be reported to swissmedic.3 measures taken in the event of occurrences described in paragraph 1 letters c and d may involve investigations into previous donations or other donors.4 institutions which use blood and labile blood products in patients must inform the manufacturers on request of the relevant information about use of the labile blood product and about the conclusion of the tracing procedure if investigations as described in paragraph 3 are carried out.art. 38 additional safety measures 1 blood and labile blood products may only be used for homologous transfusions if the leucocytes have been depleted in a validated state-of-the-art scientific or technical procedure.2 plasma may only be used for homologous transfusions if, in addition to the safety measure described in paragraph 1 and the tests described in article 30:a.it has been stored for four months and on expiry of the deadline a new test on the donor produced a negative result; orb.it has undergone a procedure to inactivate or eliminate viruses.3 platelet concentrates may only be used in switzerland if appropriate measures are taken to mitigate the risk of bacterial contamination.4 unused autologous donations must not be used for homologous transfusions or to manufacture blood products.chapter 3 licensing procedure art. 39 granting the licence 1 the licence is granted if:a.the application is complete; b.the applicant fulfils all relevant conditions at all facilities for the activities applied for.2 swissmedic shall suspend the substantive assessment of the application if criminal proceedings are pending against a responsible person in accordance with articles 5, 6, 17, 18, 23 or 26, as a result of which swissmedic concludes that the conditions for adequate technical supervision are no longer fulfilled.3 if a responsible person is under investigation for infringing the tpa or the narcotics act of 3 october 19518 in criminal proceedings, swissmedic may suspend the corresponding licence.4 it may demand an extract from the criminal records relating to the responsible person's.5 the applicant is granted a single licence for all activities in the application in accordance with the tpa and this ordinance.8 sr 812.121art. 40 content of the licence the licence specifies the name of the responsible person, the licensed activities and the site of the facilities. it may not be transferred to other persons or to other sites.art. 41 amendments 1 holders of a licence must apply to swissmedic with the necessary documentation for any amendments to the content of the licence.2 they must report the essential details of all major changes to facilities, equipment or procedures used in the manufacture, testing or import and export of medicinal products, for wholesale trading or in trading abroad with medicinal products or for brokerage or agency activities in connection with medicinal products and which could influence quality.3 swissmedic shall respond to applications under paragraph 1 and make any objections to amendments as in paragraph 2 within a period of 30 days.art. 42 periodic review 1 fulfilment of all the conditions for retaining the licence is reviewed periodically by inspection.2 if the conditions are no longer fulfilled or if their fulfilment cannot be examined, specifically because the licensed activities have not been performed for more than twelve months, swissmedic may revoke the licence either wholly or in part.art. 43 detailed specifications swissmedic may specify the terms of the licensing procedure in greater detail.chapter 4 special provisions for import, export, transit and trading abroad art. 44 import of individual batches of immunological medicinal products that are authorised or not subject to authorisation or of blood and blood products 1 any person who imports the following medicinal products that are authorised or not subject to authorisation or blood and blood products into switzerland requires a licence for each shipment:a.immunological medicinal products;b.blood and blood products.2 a licence is not required for the import of individual batches of: a.allergens;b.blood that is authorised or not subject to authorisation and blood products of this kind if these medicinal products:1.are imported in medical emergencies or for autologous transfusion,2.are not intended for use in humans, or3.have an official batch release from one of the control authorities belonging to the official control authority batch release network (ocabr network);c.immunological medicinal products that are authorised or not subject to authorisation provided an official batch release from one of the control authorities belonging to the ocabr network is available for the batch to be imported.3 in the interest of protecting health, swissmedic may impose temporary or permanent mandatory licensing on the import of individual batches of immunological medicinal products or of blood and blood products that are authorised or not subject to authorisation even if an official batch release as described in paragraph 2 letter b number 3 is available.art. 45 conditions for granting a licence any person applying for a licence in accordance with article 44 paragraph 1 must prove that:a.they have a licence to import medicinal products;b.if these are ready-to-use medicinal products destined for the swiss market, they have the corresponding authorisation;c.they ensure the safe and lawful import of the medicinal products and accept responsibility for this;d.the manufacturing and import of the medicinal products and wholesale trading in medicinal products are in conformity with the gmp rules described in annex 1 and the gdp rules described in annex 4;e.in the case of blood and blood products for use in humans, in addition to letters a-d:1.no pathogens or indication of the presence of pathogens can be detected,2.each individual blood donation is analysed using tests that correspond to state-of-the-art scientific and technical knowledge,3.blood and plasma are only imported unmixed, unless swissmedic has exceptionally granted a licence to import mixed products,4.the requirements in accordance with article 27 paragraph 1 letter c and articles 34, 35 and 37 are adhered to.art. 46 procedure 1 the application for a licence to import individual batches must be submitted to swissmedic together with the necessary documentation.2 the licence is valid for one month.3 the applicant must ensure that the licence is presented to the customs office at the time when the medicinal products are imported.4 on customs clearance, the customs office shall discharge the licence and forward it to swissmedic.5 in the absence of a licence to import individual batches in accordance with article 44 paragraph 1, medicinal products are refused entry at the border and reported to swissmedic.art. 47 individual batch import of immunological medicinal products for veterinary use 1 the application to import individual batches of immunological medicinal products for veterinary use must be submitted to the federal food safety and veterinary office in accordance with article 46 paragraph 1. a licence is not required to import individual batches of allergens.2 the applicant must ensure that the licence is presented to the customs office at the time when the medicinal products are imported.3 on customs clearance, the customs office discharges the licence and forwards it to the institute for virology and immunology of the federal food safety and veterinary office.art. 48 import of non-authorised ready-to-use medicinal products by individuals individuals may import ready-to-use medicinal products that are not authorised in switzerland in quantities needed for their personal use. this does not apply to:a.medicinal products which contain genetically modified organisms,b.immunological medicinal products for use in livestock;c.vaccines, toxins and sera for veterinary usage;d.transplant products within the meaning of the transplantation ordinance of 16 march 20079 which have been genetically modified.9 sr 810.211art. 49 import of non-authorised ready-to-use medicinal products by professionals 1 a medical professional who has a cantonal dispensing licence may import small quantities of a ready-to-use human medicinal product that is not authorised in switzerland provided:a.the medicinal product is intended for a specific patient or for emergencies; b.the medicinal product has been authorised by a country with a comparable regulatory system; andc.for the medicinal product concerned:1.no alternatively usable medicinal product is authorised in switzerland,2.an alternatively usable medicinal product is authorised in switzerland, but is not available on the swiss market, or3.it is not appropriate to switch the medication to a medicinal product authorised and available in switzerland. 2 treating physicians with a cantonal professional licence may import small quantities of ready-to-use human medicinal products that are not authorised in switzerland if: a.they have performed a risk analysis to confirm the appropriateness of the usage and notified the competent cantonal authorities of their conclusions before the medicinal products are imported; andb.the medicinal product:1.fulfils the conditions described in paragraph 1 letters a and c, and2.has been authorised by a country with a comparable regulatory system for use in a clinical trial.3 pharmacists with pharmaceutical responsibility in a hospital pharmacy may import small quantities of ready-to-use human medicinal products to supply their own customers if the conditions in paragraph 1 letters b and c or the conditions in paragraph 1 letter c and 2 letters a and b are fulfilled.4 medical professionals as described in article 25 paragraph 1 letters b and c tpa who have a cantonal professional licence may import small quantities of non-prescription ready-to-use human medicinal products that are not authorised in switzerland under the terms of their dispensing licence provided the conditions in paragraph 1 are fulfilled. 5 prior to import, importing persons must check in each case whether the relevant requirements in paragraphs 1-4 are met and ensure that the medicinal products are transported in conformity with the gdp rules described in annex 4.6 they must keep a record of the check described in paragraph 5 and of the time when the check was carried out and the import took place, and the nature, number and intended use of the imported human medicinal products.7 the import of medicinal products for animals by medical professionals is subject to article 7 of the veterinary medicinal products ordinance of 18 august 200410.10 sr 812.212.27art. 50 medicinal products that can be used for capital punishment 1 any person who exports medicinal products that can be used for capital punishment requires a licence from swissmedic for each transaction.2 any person who trades abroad in such medicinal products requires a licence from swissmedic for each transaction.3 a licence as described in paragraphs 1 and 2 may be granted provided the applicant: a.confirms to swissmedic that, following investigations, there is no evidence that the medicinal products in question will be used for capital punishment; andb.submits a declaration by the customer stating that the medicinal products will not be used by the customer or by third parties for capital punishment.4 swissmedic publishes a list of medicinal products that can be used for capital punishment it takes into account valid eu law, in particular the delegated acts and implementing acts adopted by the european commission on the basis of council regulation (ec) no. 1236/200511.11 council regulation (ec) no 1236/2005 of 27 june 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment; oj l 200 of 30.07.2005 p. 1.art. 51 transit the transit of medicinal products which are dangerous to health is not permitted.chapter 5 temporary licences to use medicinal products in accordance with art. 9b para. 1 tpa art. 52 preconditions 1 a temporary licence to use medicinal products in accordance with article 9b paragraph 1 tpa may be granted to the sponsor of a clinical trial approved in switzerland if the sponsor:a.confirms that the medicinal product is identical to the medicinal product used in at least one clinical trial approved in switzerland;b.justifies every deviation from the most recently approved protocol and specifies the conditions under which the medicinal product will be used;c.justifies the non-inclusion of patients in the clinical trial;d.states the reasons why use is likely to be of major therapeutic benefit;e.proves that there is no alternative and equivalent medicinal product authorised in switzerland;f.proposes and justifies a period of validity for the licence;g.states and justifies the treatment centres and the proposed number of patients;h.submits a draft of the information provided for patients; andi.has obtained a preliminary opinion on letters b-h from the ethics committee which approved the reference trial or, in the case of a multicentre clinical trial, from the lead ethics committee.2 if the application concerns the use of a medicinal product which has been tested in patients with good results in a clinical trial, it must be used in accordance with the protocol for that clinical trial. the conditions set out in paragraph 1 letters a and d-i must be fulfilled.3 this licence also covers the import of the medicinal products concerned, including the individual import of immunological medicinal products, blood and blood products.art. 53 procedure for granting and extending a licence 1 the application is submitted to swissmedic with the documents listed in annex 6.2 swissmedic may request additional information.3 it informs the ethics committee about its decision and, where appropriate, any subsequent decisions.art. 54 preconditions 1 the sponsor notifies swissmedic of all major changes affecting the medicinal product or its usage by analogy with article 34 paragraph 3 of the ordinance of 20 september 201312 on clinical trials.2 the sponsor notifies swissmedic of all adverse reactions and events in accordance with article 59 tpa.3 the sponsor sends swissmedic a safety report once a year.12 sr 810.305art. 55 withdrawal of the licence 1 swissmedic may withdraw the licence in the interest of protecting patients' health.2 the announcement of a final swissmedic decision rejecting the application for a licence to place the medicinal product on the market leads to withdrawal of the licence.3 if swissmedic authorises the marketing of the medicinal product, the temporary licence to use the product ends when the medicinal product is actually supplied. the sponsor informs swissmedic of the time at which the medicinal product is actually supplied.chapter 6 implementation section 1 inspections art. 56 requirements pertaining to inspectorates inspectorates that conduct inspections by virtue of this ordinance must have a quality management system that complies with internationally recognised standards and must be accredited.art. 57 requirements pertaining to inspectors 1 inspectors must have an appropriate university degree in the relevant field or a comparable qualification, together with experience and regular training.2 they must be independent of the companies that they are in charge of inspecting. if this is not the case, they must recuse themselves.article 58 recognition of inspectorates 1 swissmedic checks and supervises whether the cantonal inspectorates mandated to carry out inspections in accordance with article 60 tpa fulfil the requirements described in articles 56 and 57.2 it recognises the inspectorates that fulfil these requirements. art. 59 cantonal obligation to notify the cantons must notify swissmedic of any changes within their inspectorates.art. 60 ordering and conduct of inspections 1 the competent authority may at any time order inspections in switzerland or carry them out themselves whenever they consider this necessary.2 swissmedic may inspect manufacturers of medicinal product abroad and facilities abroad that engage in wholesale trading in medicinal products, at the importing company's expense. it informs this company in advance.3 in those states with which switzerland has signed an agreement for the mutual recognition of gmp systems, swissmedic only carries out inspections in justified exceptional cases and after consultation with the competent healthcare authorities in that state.art. 61 issuing certificates at the request of facilities inspected in switzerland or abroad in accordance with article 60, swissmedic may confirm by means of a certificate that the facilities are in conformity with the standards of good practice recognised in switzerland.art. 62 powers of the inspectors the inspectors may:a.demand a current description of the facilities in the form of a site master file from the company to be inspected;b.enter any part of a company's facilities with or without prior notification and, if required, take photographs;c.make copies of documents, including data saved on electronic data storage media or in part of a computer system;d.take samples of medicinal products, raw materials, intermediate products, packaging material or materials used in the manufacturing process; ande.take all necessary immediate measures.art. 63 guidelines on the swiss inspection system after consultation with the inspectors appointed by the cantons, swissmedic issues guidelines to guarantee uniform inspection procedures throughout switzerland.section 2 collaboration between swissmedic and other authorities art. 64 collaboration between swissmedic and the cantons 1 swissmedic and the cantonal authorities collaborate in their control work and may in particular exchange confidential information.2 they notify each other about:a.the granting, amendment, suspension or withdrawal of a licence;b.measures taken;c.inspections.3 the cantonal authorities provide swissmedic with any information brought to their attention that indicates quality or safety defects.4 swissmedic may assist the cantonal inspectorates in training their inspectors.art. 65 collaboration with the customs authorities 1 customs clearance for imports, exports and goods in transit is governed by customs legislation.2 the customs authorities provide swissmedic with information on the import, export and transit of medicinal products.3 swissmedic may require the customs authorities to detain medicinal products for further inspection and take samples.section 3 data protection and informing the general public art. 66 processing personal data the organs responsible for enforcement are authorised to process the personal data that they require for performing all the tasks assigned to them by this ordinance. these data include:a.health data recorded in connection with the official market surveillance of blood and blood products (art. 39, 58 and 59 tpa);b.data on administrative and criminal proceedings and sanctions that are relevant to the assessment of licence applications, specifically in assessing whether a responsible person is appropriate for this task.art. 67 operating information systems 1 swissmedic is responsible for the secure operation of its information systems and the lawfulness of its data processing.2 it issues a processing policy for each information system. in this policy, it establishes the technical and organisational measures used to ensure the security and protection of the processed data.3 if it transfers activities to third parties, it ensures compliance with data security requirements by means of a contract.art. 68 access rights 1 employees of swissmedic have online access to the information systems to the extent necessary for them to perform their tasks.2 access to the information systems may be logged. such logs are kept for no longer than two years.art. 69 archiving and deletion of data swissmedic retains personal data in its information systems for no longer than ten years. the data are deleted as soon as they are no longer required to perform a task. art. 70 informing the public about licences swissmedic regularly publishes lists with the information specified in annex 7.chapter 7 final provisions art. 71 amendments to the annexes 1 the federal department of home affairs may adapt the annexes to this ordinance to take account of international or technical developments.2 amendments that could constitute technical barriers to trade are made in agreement with the federal department of economic affairs, education and research.art. 72 repeal and amendment of other legislation the repeal and amendment of other legislation are covered in annex 8.art. 73 transitional provisions 1 licences granted under the previous law retain their validity no longer than the date on which they expire. the application to renew a licence must be submitted spontaneously to swissmedic with the necessary documentation at least six months before expiry of the licence. amendments to such licences must be requested as part of a renewal application.2 applications for brokerage and agency licences must be submitted to swissmedic no later than 30 june 2019. activities may be continued until swissmedic reaches a decision.3 applications for licences that were submitted before 1 january 2019 will be assessed and granted in accordance with previous law.art. 74 commencement 1 this ordinance comes into force on 1 january 2019 subject to paragraph 2.2 article 20 paragraphs 2-4 come into force on 1 january 2020.annex 113 13 revised in accordance with the correction of 16 july 2019 (as 2019 2195).(art. 4 para. 2, 7 para. 2, 13 para. 2 let. a, 27 para. 1 let. c, 37 para. 1 let. e, 45 let. d)international rules of good manufacturing practice 1. the following guidelines apply as rules of good manufacturing practice (gmp):a.commission directive 2003/94/ec of 8 october 200314 laying down the principles and guidelines of good manufacturing practice in respect of medicinal products for human use and investigational medicinal products for human use;b.commission directive 91/412/eec of 23 july 199115 laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products;c.guide to good manufacturing practice for medicinal products for human use and medicinal products for veterinary use of the european commission (eudralex, volume 4)16; d.principles and guidelines for good manufacturing practice in accordance with the convention for the mutual recognition of inspections in respect of the manufacture of pharmaceutical products of 8 october 197017.2. special provisions for medicated feedingstuffs: council directive 90/167/eec of 26 march 199018 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the community.3. special provisions for blood and blood products: the guidelines for good practice described in the annex to recommendation r (95) 15 of the council of europe of 12 october 199519 on the preparation, use and quality assurance of blood components.14 oj l 262 of 14.10.2003, p. 22.15 oj l 228 of 17.8.1991, p. 70. 16 the text of the guidelines can be obtained from the swiss association for standardisation, sulzerallee 70, 8404 winterthur; www.snv.ch or downloaded from: https://ec.europa.eu/health/documents/eudralex/vol-4_en. 17 sr 0.812.101 the text of these principles and guidelines can be obtained from the pic/s-secretariat, case postale 5695, ch-1211 geneva 11, or downloaded from www.picscheme.org.18 oj l 92 of 7.4.1990, p. 42. 19 the text of this recommendation can be obtained from the council of europe, f-67075 strasbourg (www.coe.int) or downloaded from www.edqm.eu/en/blood-transfusion-guide.annex 220 20 revised in accordance with the correction of 16 july 2019 (as 2019 2195).(art. 4 para. 2, 8 para. 4)rules of good manufacturing practice for medicinal products in small quantities the provisions of chapters 20.1 and 20.2 of the pharmacopoea helvetica21 (ph. helv.) apply as rules of good manufacturing practice for small quantities of medicinal products.21 the pharmacopoea helvetica is published by swissmedic and can be obtained from fobl, distribution of federal publications, 3003 bern, www.bundespublikationen.admin.ch, at the conditions shown in feeo-fedpubs (sr 172.041.11).annex 3 (art. 8 para. 1-3)risk assessment for the preparation of medicinal products specified in article 9 paragraph 2 letters a-cbis tpa 1 calculation of the risk factor the risk factor should always be calculated for a particular medicinal product. if the multiplication of the factors in number 2 produces a figure below 100, a cantonal manufacturing licence is required instead of a swissmedic licence.2 criteria factor1. administration route:a.parenteral administration5b.ophthalmological administration in surgery or for traumatic injuries4c.inhaled administration4d.enteral or topical administration with requirements for sterility4e.enteral administration3f.ophthalmological administration in the uninjured eye1g.topical administration12. annual production quantity:a.liquid dosage forms in standard pack units or application units in litres1.more than 2,00052.1000-200043.500-99934.100-49925.less than 1001b.solid dosage forms, number of units1.more than 120,00052.60,000-120,00043.30,000-59,99934.6,000-29,99925.less than 60001c.semi-solid dosage forms (suppositories), number of units1.more than 40,00052.20,000-40,00043.10,000-19,99934.2000-999925.less than 20001d.semi-solid dosage forms (ointments, creams, etc.) in grams1.more than 200,00052.100,000-200,00043.50,000-99,99934.10,000-49,99925.less than 10,0001e.eye drops in litres1.more than 20052.100-20043.50-9934.10-4925.less than 1013. inherent risks of the active ingredient:a.high risk5b.medium risk3c.low risk1the following criteria at least are assessed in classifying the risk of an active ingredient: carcinogenicity, mutagenicity, environmental toxicity, allergy risk, therapeutic range, dosage unit, stability (light, oxygen, temperature, ph changes), pharmaceutical quality, pharmacopoeial conformity.4. manufacturing process:a.aseptic manufacture5b.manufacture with terminal sterilisation4c.dissolving and mixing3d.diluting2e.filling of non-sterile dosage forms15. quantitative ratios: contract manufactured medicinal products - medicinal products manufactured for dispensing to own customers:a.exclusively contract manufacture5b.mainly contract manufacture (ratio: around 2:1)4c.balanced (ratio: around 1:1)3d.mainly for own customers (ratio: around 1:2)2e.exclusively for own customers0.2annex 422 22 revised in accordance with the correction of 16 july 2019 (as 2019 2195).(art. 13 para. 2 let. d, 15 para. 2, 17 para. 2, 45 let. d)international rules of good distribution practice the following guidelines apply as rules of good distribution practice (gdp):a.european commission guidelines of 5 november 201323 on good distribution practice of medicinal products for human use;b.special provisions for active pharmaceutical ingredients: guide to good manufacturing practice for medicinal products for human use and medicinal products for veterinary use of the european commission (eudralex, volume 4) part ii24; c.special provisions for medicated feedingstuffs: council directive 90/167/ eec25 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the community.23 communication of the european commission, oj c 343 of 23.11.2013, p. 1.24 this text is only available in english. it can be found at: https://ec.europa.eu/health/documents/eudralex/vol-4_en25 oj l 92 of 7.4.1990, p. 42.annex 5 (art. 29 para. 3 and 5, 30 para. 1, 32 para. 2)donor suitability, test procedures and information about donating blood 1 evaluation of donor suitability recommendation r (95) of the council of europe of 12 october 199526 (incl. appendices) on the preparation, use and quality assurance of blood components.26 the text of this recommendation can be obtained from the council of europe, f-67075 strasbourg (www.coe.int) or downloaded from www.edqm.eu/en/blood-transfusion-guide. 2 test procedure requirements 2.1 an unmixed sample from each blood donation must be tested for hiv 1 and 2, the hepatitis b virus (hbv), the hepatitis c virus (hcv) and treponema pallidum. 2.2 testing must include the determination of:a.hiv 1 and 2 antibodies (anti-hiv 1+2 antibodies);b.hepatitis b virus surface antigen (hbsag) or antibodies against the hepatitis b virus core antigen (anti-hbc antibodies);c.hepatitis c antibodies (anti-hcv antibodies);d.treponema pallidum antibodies;e.hi virus (hiv 1): using an appropriate nucleic acid amplification technique;f.hepatitis b virus (hbv): using an appropriate nucleic acid amplification technique;g.hepatitis c virus (hcv): using an appropriate nucleic acid amplification technique.2.3 testing of autologous blood donations need only comprise the tests listed in number 2.2 letters a-d. 2.4 for plasma intended for fractionation, at least the tests listed in number 2.2 letters a-c must be performed.2.5 the abo blood group and the rhesus d antigen expression must be determined for each blood donation, except for plasma intended for fractionation. 2.6 additional tests may be required for specific components, donors or epidemiological situations.3 regulations concerning information 3.1 the information that must be given to potential donors of blood and labile blood products is specified in recommendation r (95) of the council of europe of 12 october 1995 (incl. appendices) on the preparation, use and quality assurance of blood components.3.2 the information that must be obtained from donors for every donation must contain the following details in particular:a.the personal details of the donor that permit unique identification with no danger of a mix-up, and contact details (donor identification);b.the donor's state of health and previous diseases, in particular the factors that can help to identify and exclude persons whose donation could pose a risk to themselves or a risk of transmitting a disease to others;c.the donor's signature on the donor questionnaire;d.the signature of the person specified in number 3.3.3.3 the donor's state of health and previous diseases must be recorded by a qualified healthcare professional by means of a questionnaire and a personal interview.3.4 in signing the questionnaire, the donor confirms that he or she:a.has read and understood the information provided;b.has had the opportunity to ask questions;c.has received satisfactory answers to any questions asked;d.having been informed about the process, has consented to the donation being continued;e.in the case of an autologous blood donation, has been informed that the donated blood or blood components may not be sufficient for the planned transfusion; and f.has provided all information to the best of their knowledge and in good faith.annex 6 (art. 53 para. 1)documentation required for a temporary licence to use medicinal products in accordance with article 9b paragraph 1 tpa 1.application for a temporary licence for use, including a reference to one or more clinical trials approved by the competent ethics committee and swissmedic.2.description of the project, including justification of use outside the context of clinical trials, with a benefit-risk assessment for the patients and reference to the investigator's brochure (ib). 3.updated reference ib, including risk assessment data.4.confirmation by the sponsor that the medicinal product is identical to the product used in the reference clinical trial.5.information provided to the patients, specifically concerning the special status of the medicinal product.6.if relevant, decisions on compassionate use by the european medicines agency or by a country with a comparable regulatory system (art. 13 tpa), including any conditions imposed and their justification.7.agreement between the sponsor and the treating physician defining their respective responsibilities.8.preliminary ethics committee decision.annex 7 (art. 70)provision of information about licences to the public the lists contain the following information:a.name and address of the licence holder;b.facility sites;c.licensed activities;d.date of last inspection;e.list of inspected non-ready-to-use medicinal products (active ingredients);f.status of gmp compliance;g.gmp certificate number;h.date of issue of the gmp certificate;i.any comments.annex 8 (art. 72)repeal and amendment of other legislation ithe medicinal products licensing ordinance of 17 october 200127 is repealed.iithe ordinances listed below are amended as follows:. 2827 [as 2001 3399, 2004 4037 no i 2, 2006 2945, 2007 1469 annex 4 no 40 1847 annex 3 no 2 1961 annex 7 no 1 5651 no ii 2, 2010 4031, 2015 1497 art. 27 no 2 1901 no ii, 2016 1171 no i 3, 2017 2785 5935 annex no 2, 2018 3577 annex 6 no ii 3]28 the amendments can be consulted under as 2018 5029.

812.213english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.medical devices ordinance(meddo)of 1 july 2020 (status as of 26 may 2021) the swiss federal council,based on the therapeutic products act of 15 december 20001 (tpa), article 21 number 2 of the electricity act of 24 june 19022, article 5 of the federal act of 17 june 2011 on metrology3, article 4 paragraph 1 of the federal act of 12 june 20094 on product safety, article 37 of the radiological protection act of 22 march 19915 andin implementation the federal act of 6 october 19956 on technical barriers to trade,ordains:1 sr 812.212 sr 734.03 sr 941.204 sr 930.115 sr 814.506 sr 946.51chapter 1 general provisions section 1 scope and exceptions art. 1 scope 1 this ordinance applies to:a. medical devices and the associated accessories, as defined in article 3;b. groups of products without an intended medical purpose in accordance with annex 1.2 in this ordinance, the term devices is used to designate the products defined in paragraph 1.3 this ordinance also applies to:a. devices which, when placed on the market or put into service, incorporate as an integral part a medicinal product that has an action ancillary to that of the device;b. devices intended to deliver a medicinal product;c. devices manufactured:1. from tissue or cells of animal origin or their derivatives which are non-viable or have been rendered non-viable,2. from derivatives of tissue or cells of human origin that are non-viable or have been rendered non-viable;d. devices which, when placed on the market or put into service, incorporate as an integral part non-viable tissue or non-viable cells of human origin or their derivatives that have an action ancillary to that of the device;e. devices that incorporate as an integral part an in vitro diagnostic medical device; such constituent parts shall be subject to the provisions for in vitro medical devices.art. 2 exceptions 1 this ordinance does not apply to:a. human blood, blood products, plasma or blood cells of human origin, or devices which, when placed on the market or put into service, incorporate such blood products, plasma or cells with the exception of the devices specified in article 1 paragraph 3 letter a;b. vital organs, tissues or cells and transplant products of human origin;c. vital organs, tissues or cells and transplant products of animal origin;d. any items other than those listed in letters a-c that are composed of or contain viable biological substances or viable organisms, including living micro-organisms, bacteria, fungi or viruses, in order to achieve or support the intended purpose of the device;e. in vitro diagnostic medical devices; these are subject to articles 105 and 107;f. non-separable combinations of a medicinal product and device intended to deliver a medicinal product that are intended solely for use in this combination and are not reusable;g. combinations which, when placed on the market or put into service, incorporate as an integral part a medicinal product in addition to the device, where the medicinal product assumes a primary function in such combinations;h. combinations which, when placed on the market or put into service, incorporate as an integral part non-viable tissue or non-viable cells of human origin or their derivatives in addition to the device, where such tissue, cells or derivatives assume a primary function in the device;i. medical devices intended solely for use in animals or veterinary diagnostics.2 in the cases specified in paragraph 1 letters f-h, the part of the combination that fulfils the role of device must satisfy the general safety and performance requirements set out in article 6.section 2 definitions and references to european legislation art. 3 medical device and accessories 1 medical devices are instruments, apparatus, appliances, software, implants, reagents, materials or other objects:a. that are intended by their manufacturer for use in human beings;b. that do not achieve their principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which action can be assisted by such means; andc. that serve to fulfil one or more of the following specific medical purposes either alone or in combination:1. diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease,2. diagnosis, monitoring, treatment, alleviation or compensation of injuries or handicaps,3. investigation, replacement or modification of the anatomy or of a physiological or pathological process or condition,4. acquisition of information by means of in vitro investigation of samples obtained from the human body, including donated organs, blood or tissue.2 medical devices also include:a. contraceptive or fertility-enhancing products;b. items intended specifically to clean, disinfect or sterilise the devices listed in article 1, paragraph 1 and in paragraph 1 of this article.3 medical device accessory means any article that is not a medical device in its own right, but which is intended by its manufacturer to be used together with one or more particular medical devices and:a. which makes it possible to use the medical device or devices in accordance with its or their intended purpose; orb. which specifically and directly supports the medical function of the medical device or devices in line with its or their intended purpose.art. 4 further definitions 1 in this ordinance:a. making available on the market means any supply of a device, other than an investigational device, for distribution, consumption or use on the swiss market in the course of a commercial activity, whether in return for payment or free of charge;b. placing on the market means the first making available of a device, other than an investigational device, on the swiss market;c. putting into service means the stage at which a device, other than an investigational device, has been made available to the final user as being ready for use on the swiss market for the first time for its intended purpose;d. maintenance means measures such as mechanical maintenance, software updates, inspection, repair, preparation for first use and reprocessing for reuse or measures to keep a device in functional condition or restore it to functional condition;e. reprocessing means a process carried out on a used device in order to allow its safe reuse including cleaning, disinfection, sterilisation and related procedures, particularly packing, transport and storage, as well as testing and restoring the technical and functional safety of the used device;f. manufacturer means a natural or legal person who manufactures or fully refurbishes a device or has a device designed, manufactured or fully refurbished, and markets that device under its name or trademark; this definition is subject to the clarifying explanations and exceptions in article 16 paragraphs 1 and 2 of regulation (eu) 2017/7457 on medical devices (eu-mdr);g. authorised representative means any natural or legal person domiciled in switzerland who has received and accepted a written mandate from a manufacturer located in another country to act on the manufacturer's behalf in relation to specified tasks with regard to the latter's obligations under this ordinance;h. importer means any natural or legal person established within switzerland that places a device from a foreign country on the swiss market;i. distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a device available on the swiss market, up until the point of putting into service;j. economic operator means the manufacturer, authorised representative, importer, distributor or natural or legal person as specified in article 22 paragraphs 1 and 3 eu-mdr;k. healthcare facility means any organisation whose primary purpose is to provide care or treatment for patients or to promote public health;l. hospital means any healthcare institution in which inpatient treatments for illnesses, inpatient medical rehabilitation and inpatient medical measures for cosmetic purposes are provided by medical or nursing interventions;m. contracting state means any state that is bound to mutually recognise conformity assessments and conformity procedures for devices by an agreement with switzerland under international law based on equivalent legislation.2 the definitions set out in article 2 numbers 3-26, 31, 37, 38, 40-44, 46, 48, 51-53, 57-69 and 71 eu-mdr, taking account of the amendments to the definitions in article 2 numbers 18-21 eu-mdr, effected by the european commission by means of delegated acts8.7 regulation (eu) 2017/745 of the european parliament and of the council of 5 april 2017 on medical devices, amending directive 2001/83/ec, regulation (ec) no 178/2002 and regulation (ec) no 1223/2009 and repealing council directives 90/385/eec and 93/42/eec, oj l117 of 5.5. 2017, p. 1; last amended by regulation (eu) 202/561, oj l 130 of 24.4.2020, p. 18.8 see annex 4.art. 5 references to european legislation 1 the equivalent terms specified in annex 2 and as used in eu-mdr9 and this ordinance shall apply.2 where this ordinance makes reference to provisions of eu-mdr that in turn refer to other provisions of eu-mdr or other eu acts of law, those provisions shall also apply. the interpretation in the footnote to article 4 paragraph 1 letter f is authoritative for references to eu-mdr, while the interpretations of the relevant eu act set out in annex 3 number 1 apply to references to other eu acts. this provision excludes onward references to the eu acts listed in annex 3 number 2; here the swiss terms listed in the annex shall apply.9 see the footnote to art. 4 para. 1 let. f.chapter 2 making available on the market and putting into service section 1 requirements art. 6 general safety and performance requirements 1 a device may be placed on the market or put into service only if it complies with this ordinance when duly supplied and properly installed, maintained and used in accordance with its intended purpose.2 devices must conform to the general safety and performance requirements set out in annex i to eu-mdr10, taking account of their intended purpose.3 appropriate evidence that the part of the combination that is deemed to be a device under the cases set out in article 2 letters f-h fulfils the product requirements must be presented to the competent authority on demand.4 compliance with the essential requirements of this ordinance, as covered by designated technical standards11, common specifications or prescriptions of the pharmacopoeia12, is presumed if the device is in conformity with these standards, specifications or prescriptions.5 the presumption made in paragraph 4 also applies to compliance with the system or process requirements that economic operators must comply with under this ordinance, including requirements associated with quality management systems, risk management, post-market surveillance systems, clinical trials, clinical evaluation or post-market clinical follow-up.6 compliance with the common specifications in paragraph 4 is required unless the manufacturer can provide appropriate proof that the solutions it has chosen guarantee equivalent conformity with the safety and performance requirements. the above is subject to article 8 paragraph 1.10 see the footnote to art. 4 para. 1 let. f.11 the electrical standards can be obtained from the industry association electrosuisse, luppmenstrasse 1, 8320 fehraltorf, www.electrosuisse.ch; the remaining standards can be obtained from the swiss association for standardization (snv), sulzerallee 70, 8404 winterthur, www.snv.ch.12 sr 812.211art. 7 distance sales 1 devices marketed by means of information society services - specifically an online service - that fulfil the conditions set out in paragraph 4 must comply with this ordinance.2 similarly, devices that are not placed on the market but are used in the context of a commercial activity, whether in return for payment or free of charge, for the provision of a diagnostic or therapeutic service offered by means of information society services or by other means of communication must also comply with this ordinance.3 upon request by the swiss agency for therapeutic products (swissmedic), any natural or legal person offering a device in accordance with paragraph 2 or providing a service must be able make available a copy of the declaration of conformity.4 a device is deemed to be supplied via an information society service if that service:a. is provided by distance selling, specifically without the contracting parties being physically present at the same time;b. is provided electronically; andc. is provided at the individual request of the recipient or the recipient's representative.5 to protect public health, swissmedic may require a provider of information society services to discontinue its activities in switzerland.art. 8 specific requirements 1 devices without an intended medical purpose in accordance with article 1 paragraph 1 letter b must comply with the common specifications stipulated by swissmedic.2 devices that have both a medical and non-medical intended purpose must fulfil both the requirements for devices with a medical intended purpose and the requirements for devices without an intended medical purpose.3 devices that are also machines within the meaning of article 1 of the machine ordinance of 2 april 200813 must satisfy the pertinent general safety and health protection requirements of the machine ordinance where these requirements are more specific than those of chapter ii of annex i to eu-mdr14.13 sr 819.1414 see the footnote to art. 4 para. 1 let. f.art. 9 devices manufactured and used in healthcare institutions 1 devices manufactured and used solely within healthcare institutions are deemed to have been put into service. such devices are subject to the pertinent general safety and performance requirements of annex i to eu-mdr15 but not to any of the other requirements set out in this ordinance, provided the requirements of article 5 paragraph 5 letters a-h eu-mdr are fulfilled.2 paragraph 1 does not apply to devices manufactured on an industrial scale.15 see the footnote to art. 4 para. 1 let. f.art. 10 custom-made devices 1 custom-made devices are subject to the requirements of annex xiii to eu-mdr16. the declaration according to section 1 of annex xiii to eu-mdr must be enclosed when the devices are placed on the market.2 in addition to the procedure under paragraph 1, manufacturers of class iii implantable custom-made devices must also conduct a conformity assessment procedure as specified in chapter i of annex ix to eu-mdr. alternatively, they may opt for a conformity assessment in accordance with part a of annex xi to eu-mdr.3 manufacturers must create and update the documentation specified in section 2 of annex xiii to eu-mdr and ensure it can be made available to the competent authorities.16 see the footnote to art. 4 para. 1 let. f.art. 11 systems and procedure packs 1 the requirements of articles 22 and 29 paragraph 2 eu-mdr apply to the placing on the market of systems and procedure packs17.2 any natural or legal person who sterilises systems or procedure packs for placing on the market must apply a conformity assessment procedure for the sterilisation process and involve in that procedure a conformity assessment body that is designated under this ordinance or recognised under an international agreement (designated body). the modalities for doing so are governed by article 22 paragraph 3 eu-mdr.3 any natural or legal person who places the following systems or procedure packs on the market must fulfil the obligations of a manufacturer under articles 46-50 and conduct the pertinent conformity assessment procedure under article 23: systems or procedure packs that:a. contain devices that do not carry a conformity marking;b. consist of a combination of devices that is not compatible with their original intended purpose; orc. have not been sterilised in accordance with the manufacturer's instructions.17 see the footnote to art. 4 para. 1 let. f.art. 12 parts and components 1 any natural or legal person who makes available on the market an item intended to replace an identical or similar integral part or component of a device that is defective or worn in order to maintain or restore the function of the device without changing its performance or safety characteristics or its intended purpose shall ensure that the item does not adversely affect the safety and performance of the device. supporting evidence must be kept available for the competent authority.2 an item that is intended specifically to replace a part or component of a device and that significantly changes the performance or safety characteristics or the intended purpose of the device shall be considered to be a device and shall meet the requirements laid down in this ordinance.art. 13 conformity marking and identification number 1 devices placed on the market in switzerland or made available on the swiss market must bear a conformity marking in accordance with annex 5. the conformity marking presented in annex v to eu-mdr18 is also a permissible conformity marking.2 the following must not bear a conformity marking:a. custom-made devices;b. devices exclusively for demonstration and exhibition purposes;c. systems and procedure packs;d. investigational devices, subject to the provisions of article 6 of the ordinance of 1 july 202019 on clinical trials with medical devices;e. devices manufactured and used in healthcare institutions.3 where devices' conformity has to be assessed by a designated body, the identification number of this body must be appended to the conformity marking.18 see the footnote to art. 4 para. 1 let. f.19 sr 812.213.3art. 14 location of conformity marking and identification number 1 the conformity marking and, where necessary, associated identification number must appear on the device itself or on its sterile packaging.2 where this is not possible or practicable owing to the composition of the device, the conformity marking and, where necessary, identification number must be displayed on the packaging.3 the conformity marking must also appear on the instructions for use and trade packaging.4 the requirements of article 20 paragraphs 3-6 eu-mdr20 and the general principles of regulation (ec) no. 765/200821 must also be observed when affixing the conformity marking.20 see the footnote to art. 4 para. 1 let. f.21 regulation (ec) no. 765/2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation (eec) no 339/93, version according to oj l 218 of 13.8.2008, p. 30.section 2 classification, labelling and device identification art. 15 classification 1 devices shall be divided into classes i, iia, iib and iii, taking into account the intended purpose of the devices and their inherent risks. this classification must comply with the provisions of annex viii to eu-mdr22.2 the procedure for resolving disputes between the manufacturer and a designated body as regards the classification of a device is governed by article 51 paragraph 2 eu-mdr.22 see the footnote to art. 4 para. 1 let. f.art. 16 product information 1 product information comprises the labelling and instructions for use. it is governed by chapter iii of annex i to eu-mdr23.2 it must be written in all three official languages of switzerland. symbols established by means of technical standards may be used to replace written statements.3 the product information may be provided in fewer than the three official languages of switzerland or in english, provided that:a. the device is supplied exclusively to professionals or is a custom-made device or a medical device manufactured and used in a healthcare institution;b. it is certain that the user meets the necessary professional and linguistic requirements and qualifications, and is in agreement;c. the protection of patients, users and third parties is ensured; andd. the efficacy and performance of the medical device are not placed at risk.4 if requested, additional information must be provided to users in one of the official languages of switzerland.5 if a product cannot be, or cannot yet be, placed on the market as a medical device but may be confused with such a device, the claims relating to the said product must indicate clearly and legibly that it is not a medical device and is not suitable for medical purposes.6 devices intended solely for demonstration and exhibition purposes must be specifically labelled as such. the information must be clearly visible and comprehensible.7 misleading or contradictory information on a device's intended purpose, safety and performance is forbidden.23 see the footnote to art. 4 para. 1 let. f.art. 17 unambiguous product identification 1 any manufacturer or natural or legal person who assembles systems and procedure packs in accordance with article 22 paragraphs 1 and 3 eu-mdr24 shall assign the product, system or procedure pack, with the exception of custom-made devices, and all superordinate packaging layers a unique device identifier (udi25) prior to placing it on the market.262 it must state the udi on the labelling of the device, system or procedure pack and all superordinate packaging layers. transport containers are not regarded as a superordinate packaging layer.273 it shall maintain a list of all the udis it has assigned. this list is part of the technical documentation specified in annex ii to eu-mdr. it must be kept up-to-date at all times.284 the obligations and modalities associated with product identification and registration are governed by articles 27 and 29 and annex vi to eu-mdr, taking account of the amendments to this annex made by the european commission by means of delegated acts29.5 .3024 see the footnote to art. 4 para. 1 let. f.25 stands for unique device identification26 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).27 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).28 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).29 see annex 4.30 to enter into force in due course (art. 110 para. 2).section 3 reporting obligations and information art. 18 obligation to report the use of devices manufactured in healthcare institutions 1 healthcare institutions that manufacture and use devices as specified in article 9 shall provide the following information to swissmedic prior to putting the devices into service:a. their name and address;b. the name and intended purpose of the device;c. the risk class of the device in accordance with article 15 paragraph 1.2 any other relevant information about these devices must be submitted to swissmedic at swissmedic's request. the declaration required under article 5 paragraph 5 letter e eu-mdr31 must be made publicly available.3 changes to the information required in paragraph 1 must be reported to swissmedic within 30 days.4 depending on the risk inherent in a device and its use, swissmedic may exempt devices manufactured and used in accordance with article 9 from the reporting obligation.31 see the footnote to art. 4 para. 1 let. f.art. 19 reporting obligation for natural and legal persons who make custom-made devices available on the market 1 any natural or legal person who makes custom-made devices available on the swiss market must provide the following information to swissmedic before making the devices available:a. the name and address of the manufacturer and all manufacturing sites;b. the name and address of the authorised representative if applicable;c. the codes required to identify the relevant product categories, as specified by the european commission by means of implementing acts32.2 changes to this information must be reported to swissmedic within 30 days of the changes taking effect.3 depending on the risk inherent in a device and its use, swissmedic may exempt custom-made devices from the reporting obligation under paragraph 1.32 see annex 4.art. 20 information on implantable devices 1 for implantable products, the manufacturer must provide, in addition to the product information required under article 16, the information required under article 18 paragraph 1 eu-mdr33, including the implantation certificate. the exemptions specified under article 18 paragraph 3 eu-mdr apply, taking account of the amendments adopted by the european commission by means of delegated acts34.2 the implantation certificate must be written in all three official languages of switzerland.3 healthcare institutions must enter the details of the implant recipient in the implantation certificate and give the certificate to the recipient. they provide the essential information needed by the recipient in a quickly accessible form.33 see the footnote to art. 4 para. 1 let. f.34 see annex 4.chapter 3 conformity assessment, certificate and declaration section 1 conformity assessment art. 21 principle 1 any natural or legal person who is domiciled in switzerland and makes devices available on the market in switzerland or in a contracting state must, upon request, provide the authorities responsible for controls as part of market monitoring with the declaration of conformity.2 any natural or legal person who is domiciled in switzerland and places a device on the market in switzerland or in a contracting state or puts a device into service in switzerland or in a contracting state without placing it on the market must carry out and be able to produce documentary evidence of an evaluation of the device's conformity with the general safety and performance requirements.3 the demonstration of compliance with the general safety and performance requirements must also include a clinical evaluation in accordance with article 61 eu-mdr35.35 see the footnote to art. 4 para. 1 let. f.art. 22 exemptions 1 in response to a justified application, swissmedic may authorise the placing on the market and putting into service of a specific device the use of which is in the interests of public health or patient safety or health even though:a. the relevant conformity assessment procedure according to article 23 has not been carried out; orb. the language requirements in article 16 paragraph 2 have not been met.2 individual devices that have not undergone the relevant conformity assessment procedure may be placed on the market and used without authorisation from swissmedic provided:a. they serve to avert life-threatening conditions or to resolve the permanent impairment of a bodily function;b. no conforming device is available for this specific indication;c. they are used exclusively by healthcare professionals on individual persons;d. the healthcare professional using the device has informed the individual concerned about the non-conformity of the medical device and the related risks; ande. the individual concerned has consented to the use of the device.3 for devices placed on the market exclusively within the armed forces or within the framework of their specific tasks, the federal department of home affairs (fdha) may, in agreement with the federal department of defence, civil protection and sports, grant exemptions.art. 23 procedure the conformity assessment procedure is governed by articles 52 and 54 and by annexes ix-xi to eu-mdr36, taking account of the amendments to article 52, paragraph 4, sub-paragraph 2 eu-mdr adopted by the european commission by delegated act37.36 see the footnote to art. 4 para. 1 let. f.37 see annex 4.art. 24 involvement of a designated body 1 when a designated body is involved, all the information necessary for the conformity assessment must be made available to it.2 manufacturers must not apply to more than one designated body in switzerland or a contracting state to conduct a conformity assessment procedure for the same product.3 any natural or legal person who applies to a designated body must inform that body whether an application to a different designated body in switzerland or a contracting state has been withdrawn before a decision was issued or rejected by a different designated body in switzerland or a contracting state.4 if a manufacturer withdraws its application to have a conformity assessment procedure conducted before the designated body has issued its decision on the assessment, the designated body in question will notify swissmedic and the other designated bodies.5 the information required in paragraph 4 must be supplied exclusively via eudamed.6 where a manufacturer voluntarily changes designated body, it must comply with the requirements of article 58 eu-mdr38.38 see the footnote to art. 4 para. 1 let. f.section 2 certificate of conformity art. 25 issuing and content 1 the designated bodies issue certificates of conformity in accordance with annexes ix-xi to eu-mdr39 (certificates).2 the certificates must be issued in one of the three official languages of switzerland or in english.3 they must, as a minimum, include the information required in annex xii to eu-mdr, taking account of the amendments to this annex adopted by the european commission by means of delegated acts40.4 certificates issued by bodies designated under eu law and domiciled in an eu or eea state but not recognised by an international agreement are deemed equivalent to certificates issued by swiss bodies if it can be credibly demonstrated that:a. the conformity assessment procedures used meet swiss requirements; andb. the certificates were issued by a body with an equivalent qualification to that required in switzerland.4139 see the footnote to art. 4 para. 1 let. f.40 see annex 4.41 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)art. 26 validity 1 certificates are valid for a maximum of five years. the expiry date must appear on the certificate.2 at the manufacturer's request, the validity of the certificate can be extended by a maximum of five years following a new assessment carried out in accordance with the relevant conformity assessment procedure. certificates can be extended more than once.3 any addendum to a certificate is valid for the same period as the certificate to which it belongs.art. 27 suspension, restriction and revocation 1 if a designated body finds that a manufacturer no longer fulfils the requirements of this ordinance, it shall impose on that manufacturer a suitable deadline for restoring compliance.2 if this deadline passes without the manufacturer taking suitable corrective action, the designated body shall suspend, revoke or restrict the certificate in question.3 a certificate that has been amended, suspended or revoked by a designated body must no longer be used in its original form.art. 28 documentation requirements 1 the designated body will provide swissmedic and the other designated bodies with:42a. all information on certificates it has issued and any amendments or addenda to such certificates;b. information on suspended, reactivated or revoked certificates;c. information on certificates it has rejected;d. information on restrictions imposed on certificates.2 it will also provide swissmedic with information on whether or not a conformity assessment procedure should be applied in accordance with article 54 paragraph 1 eu-mdr43. notifications of certificates for devices that have undergone a procedure of this type must include the documents specified in article 55 paragraph 1 eu-mdr.4442 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).43 see the footnote to art. 4 para. 1 let. f.44 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).section 3 declaration of conformity art. 29 1 if the applicable conformity assessment procedure has demonstrated that the requirements of this ordinance have been fulfilled, the manufacturer of devices that are not custom-made or investigational issues a declaration of conformity. this declaration shall be subject to ongoing updating.2 the declaration of conformity must include the information required in annex iv to eu-mdr45, taking account of the amendments to this annex adopted by the european commission by means of delegated acts46. it must be written in one of the three official languages of switzerland or english or translated into one of these languages.3 if a device also requires a manufacturer's declaration of conformity for aspects not covered by this ordinance but nevertheless required by other legislation in order to demonstrate compliance with that legislation, one single declaration of conformity will be issued.4 by issuing the declaration of conformity, the manufacturer assumes responsibility for ensuring that the device complies with the requirements of this ordinance as well as with any other legislation to which the device is subject.45 see the footnote to art. 4 para. 1 let. f.46 see annex 4.chapter 4 requirements applicable to tissues and cells of human origin that are incorporated into or used in the production of devices art. 30 establishment licence 1 an establishment licence issued by swissmedic is required by any natural or legal person who:a. removes tissue or cells from humans for the purpose of devitalising the tissue or cells and using them to manufacture devices or supplying them for use in device manufacture;b. stores tissue or cells removed for the purposes in letter a;c. imports or exports tissue or cells removed for the purposes in letter a.2 a licence shall be issued if:a. the requirements in terms of professional qualifications and operational infrastructure are fulfilled;b. a quality assurance system that complies with current scientific and technological standards is in place;c. the facility has a responsible person with the necessary specialist knowledge, experience and directive authority in their area of responsibility and who is responsible for quality;d. the obligations specified in articles 31 and 32 are fulfilled.3 swissmedic shall verify that the conditions for issuing an establishment licence are fulfilled in the course of an inspection.4 articles 39-43 of the medicinal products licensing ordinance of 14 november 201847 (mplo) also apply.47 sr 812.212.1art. 31 collection, donation and testing 1 the requirements of articles 3, 4, 6-15 and 30-33 of the transplantation act of 8 october 200448 and of articles 2-12 of the transplantation ordinance of 16 march 200749 apply mutatis mutandis to collection, donation and testing.2 holders of an establishment licence issued under article 30 must verify the suitability of donors.48 sr 810.2149 sr 810.211art. 32 duty to keep records and traceability 1 it must be possible to trace all tissue and cells harvested from humans for the purpose of devitalisation and use in devices from the donor to the recipient and vice versa. art. 35, paragraphs 1 and 2, mplo50 also apply.2 moreover, the provisions of articles 34 and 35 of the transplantation act of 8 october 200451 apply mutatis mutandis to traceability.50 sr 812.212.151 sr 810.21chapter 5 designated bodies section 1 designation art. 33 requirements and application 1 swissmedic will only designate conformity assessment bodies that have completed an assessment procedure in accordance with article 34 and which satisfy the requirements set out in annex vii to eu-mdr52.2 applications for designation must be submitted to swissmedic. they must in particular include:a. details of the activities and the types of product for which designation is sought;b. proof that the requirements of annex vii to eu-mdr are met.3 swissmedic shall verify whether the application for designation is complete within thirty days, and request the applicant to submit any information that may be missing.4 it shall review the application and accompanying documents and issue a preliminary assessment report.52 see the footnote to art. 4 para. 1 let. f.art. 34 assessment 1 swissmedic shall conduct an on-site assessment of the conformity assessment body and, if relevant, of all sub-contractors and subsidiaries.2 if swissmedic identifies non-compliances in the course of its assessment, it shall draw up a list of non-compliances for the applicant. swissmedic shall set the conformity assessment body a deadline by which the latter must submit to swissmedic a corrective action plan to remedy the non-compliances and a plan setting out preventive measures.3 the plans must indicate the root cause of the identified non-compliances and must include a timeframe for implementing the measures.4 swissmedic will decide whether the proposed action is suitable and whether the timeframe for implementation is appropriate.art. 35 assessment report 1 if swissmedic approves the plans required under article 34 paragraph 2, it shall prepare an assessment report.2 this shall comprise the following:a. the result of the assessment;b. confirmation that suitable corrective and preventive measures have been planned and where necessary implemented;c. the scope of the designation.art. 36 issue and extension of designation 1 swissmedic shall grant the designation if the conformity assessment body meets the requirements.2 the extension of designations is subject to the requirements and procedures laid out in articles 33-35.art. 37 sub-contractors and subsidiaries 1 designated bodies that delegate part of the work to sub-contractors or to a subsidiary bear full responsibility for the work carried out on their behalf by the sub-contractor or by the subsidiary.2 they must ensure that the sub-contractor or the subsidiary meets the applicable requirements of annex vii to eu-mdr53.3 they must notify swissmedic if they delegate work under the terms of paragraph 1. they must be able to demonstrate to swissmedic that the sub-contractor or the subsidiary is capable of carrying out the tasks assigned to it.4 work may only be delegated if the designated body has notified the natural or legal person who requested the conformity assessment accordingly.5 the designated bodies must publish a list of their subsidiaries.53 see the footnote to art. 4 para. 1 let. f.art. 38 duty of cooperation and notification requirement 1 the designated bodies, including their subsidiaries and sub-contractors, are required to keep available for swissmedic at all times all data that is necessary for assessment, designation, monitoring and re-assessment, including the documents required to assess the qualifications of sub-contractors or subsidiaries. the data must be kept up-to-date at all times.2 the designated bodies shall notify swissmedic within 15 days of any change that affects their ability to meet the requirements of annex vii to eu-mdr54 or to carry out conformity assessments.54 see the footnote to art. 4 para. 1 let. f.art. 39 tariffs the designated bodies shall issue lists of the standard tariffs charged for their activities and make these lists publicly accessible.section 2 cessation of conformity assessment activities art. 40 1 if a designated body ceases to carry out its conformity assessment activities, it shall notify swissmedic and the manufacturers concerned as soon as possible. in the case of planned cessation of activities, notice must be given one year before the activities cease. swissmedic will revoke the designation from the date on which the activities cease.2 the certificates will remain valid for a maximum of nine months following cessation of activities, provided another designated body assumes responsibility for certifying the products concerned and confirms this in writing.3 the designated body assuming responsibility in accordance with paragraph 2 shall conduct a full assessment of the products concerned before the nine-month period expires and before issuing new certificates for the products.section 3 suspension, restriction or revocation of designation art. 41 principle 1 designation shall be suspended, restricted or revoked if the designated body:a. no longer or only partly meets the requirements; orb. fails to carry out corrective action ordered by swissmedic.2 suspensions will be imposed for a maximum of twelve months. they may be extended by a maximum of a further twelve months.3 if designation is suspended, restricted or revoked, the designated body must inform all affected manufacturers accordingly within ten days.art. 42 unduly issued certificates 1 in the event of its designation being restricted, suspended or revoked, the designated body will suspend or withdraw any certificates which were unduly issued.2 if the designated body fails to fulfil this requirement, swissmedic will instruct it to suspend or revoke the certificates and set an appropriate deadline for doing so.art. 43 validity of certificates in the event of suspension or restriction of designation 1 if swissmedic suspends or restricts the designation of a designated body, the certificates concerned remain valid provided swissmedic:a. confirms within a month that no safety issue exists in connection with the products concerned; andb. outlines a timeline and measures to remedy the suspension or restriction.2 the certificates also remain valid if swissmedic:a. confirms that, during the suspension or restriction, no certificates relevant to the suspension will be issued, amended or re-issued; andb. states that the designated body is able to continue to monitor and retain responsibility for existing certificates during the suspension or restriction.3 the designated body shall notify the manufacturers concerned or the persons or entities placing the devices concerned on the market.4 should swissmedic ascertain that the designated body is unable to continue to oversee existing certificates, these certificates will retain their validity if the manufacturer of the product in question confirms to swissmedic or, if it is domiciled in a contracting state, to the competent authority there, in writing and within three months of designation being suspended or restricted that:a. another qualified designated body is temporarily assuming the oversight duties; andb. this designated body will be responsible for the certificates during the period of suspension or restriction.art. 44 validity of certificates in the event of designation being revoked 1 if swissmedic revokes the designation of a designated body, the certificates affected remain valid for nine months provided:a. swissmedic or, if the manufacturer is domiciled in a contracting state, the competent authority there confirms that the products in question present no safety issues;b. another designated body confirms in writing that it is assuming immediate responsibility for the certificates for these products and can complete the assessment of the products within twelve months of designation being revoked.2 swissmedic may, within the limits of its competence, extend the provisional validity of the certificates for further periods of three months, which altogether must not exceed twelve months.section 4 monitoring and re-assessment of designated bodies art. 45 1 swissmedic shall monitor the designated bodies and their subsidiaries and sub-contractors and carry out re-assessments. in the course of monitoring and re-assessing designated bodies and reviewing their assessments, swissmedic shall take account of the requirements and procedures set out in articles 44 and 45 eu-mdr55.2 it will verify whether designated bodies still satisfy the requirements of article 36 paragraph 1 and annex vii to eu-mdr three years after designation, and then every four years, in the course of a full re-assessment. this provision is subject to changes in assessment intervals resulting from delegated acts56 issued by the european commission.3 swissmedic will carry out an on-the-spot assessment at least once a year to ascertain whether the designated bodies and, if applicable, their subsidiaries and sub-contractors are fulfilling the requirements and obligations of annex vii to eu-mdr.4 for this purpose, it may at any time:a. carry out on-site assessments with or without advance notice;b. carry out audits of the employees of the designated body and its subsidiaries or sub-contractors or observe audits that the designated body carries out on manufacturers' premises.55 see the footnote to art. 4 para. 1 let. f.56 see annex 4.chapter 6 requirements for economic operators section 1 manufacturers art. 46 conformity marking and clinical evaluation 1 manufacturers guarantee that their products have been designed and manufactured in accordance with the requirements of this ordinance when they place them on the market or put them into service.2 they must print the conformity marking on their products.3 they must conduct a clinical evaluation in accordance with article 61 eu-mdr57 taking account of the amendments to this article adopted by the european commission by means of delegated acts58 and in accordance with annex xiv to eu-mdr. they must update this clinical evaluation in line with the results of post-market clinical follow-up.57 see the footnote to art. 4 para. 1 let. f.58 see annex 4.art. 47 technical documentation 1 manufacturers must list in the technical documentation the information required in annexes ii and iii to eu-mdr59, taking account of the amendments to these annexes made by the european commission by means of delegated acts60.2 manufacturers must submit either the complete technical documentation or a summary of this documentation when requested to do so by the competent authority.59 see the footnote to art. 4 para. 1 let. f.60 see annex 4.art. 48 document retention requirements 1 manufacturers must ensure that the following are available to the competent authority for at least ten years after the final product covered by the declaration of conformity has been placed on the market:a. complete technical documentation;b. declaration of conformity;c. a copy of the certificates issued, including any amendments and addenda.2 the document retention period for implantable products shall be at least 15 years from the date the last product was placed on the market.art. 49 person responsible for regulatory compliance 1 manufacturers must have available within their organisation at least one person responsible for regulatory compliance who possesses the requisite expertise in the field of medical devices.2 proof that the person responsible for regulatory compliance possesses the requisite expertise, the responsibilities of this person, exceptions and further modalities are governed by article 15 eu-mdr61.3 the person responsible for regulatory compliance must have a deputy. if a number of persons are jointly responsible for regulatory compliance, their respective areas of responsibility shall be stipulated in writing.4 the person responsible for regulatory compliance must suffer no disadvantage within the manufacturer's organisation in relation to the proper fulfilment of their duties, regardless of whether or not they are employees of the organisation.61 see the footnote to art. 4 para. 1 let. f.art. 50 further obligations the further obligations incumbent on manufacturers, particularly the requirements to be fulfilled by their quality and risk management systems, are governed by article 10 eu-mdr62.62 see the footnote to art. 4 para. 1 let. f.section 2 authorised representative art. 51 obligations 1 where the manufacturer of a device is not domiciled in switzerland, the device may only be placed on the market if the manufacturer designates an authorised representative domiciled in switzerland by means of a written mandate.2 the authorised representative is responsible for the formal and safety-related aspects of placing the device on the market.3 the authorised representative's rights and obligations and the scope of its mandate are governed by article 11 eu-mdr63.3bis the manufacturer and authorised representative may contractually agree that instead of the authorised representative keeping available a copy of the technical documentation, the manufacturer shall, on request, submit the documentation straight to swissmedic. the authorised representative must ensure that the documentation is submitted within seven days.644 changes in authorised representative are governed by article 12 eu-mdr.5 paragraphs 1-4 also apply to natural or legal persons who assemble systems and procedure packs in accordance with article 22 paragraphs 1 and 3 eu-mdr and who are not domiciled in switzerland.6563 see the footnote to art. 4 para. 1 let. f.64 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)65 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)art. 52 person responsible for regulatory compliance 1 authorised representatives must ensure that they have permanently and continuously at their disposal at least one person who possesses the requisite expertise as regards the requirements for medical devices under this ordinance and who is responsible for regulatory compliance.2 in other respects, article 49 paragraphs 2-4 shall apply.section 3 importers art. 53 1 importers may only place on the market devices that comply with this ordinance. before placing devices on the market, they shall verify that:a. the device carries the conformity marking;b. the declaration of conformity has been drawn up;c. the manufacturer is identified and has designated an authorised representative in accordance with article 51;d. the product is labelled in accordance with this ordinance and accompanied by instructions for use;e. the manufacturer has assigned a udi where applicable.2 importers must print their name, place of business and contact address on the product, the product packaging or a document enclosed with the product.3 where an importer considers or has reason to believe that a device is not in conformity with the requirements of this ordinance, it must not place the device on the market until it has been brought into conformity.4 the further obligations of importers prior to and after placing a device on the market are governed by articles 13 and 16 paragraphs 3 and 4 eu-mdr66. in particular, importers must comply with the following obligations:a. storage, transport and quality management system;b. cooperation with the manufacturer, authorised representative, designated body and competent authorities;c. the provision of information to the manufacturer, authorised representative, designated body and competent authorities.66 see the footnote to art. 4 para. 1 let. f.section 4 distributors art. 54 1 when making a device available on the market, distributors must, in the context of their activities, act with due care in relation to the requirements applicable. before making a device available on the market, distributors must verify that:a. the device carries the conformity marking;b. the declaration of conformity has been drawn up;c. the device is accompanied by product information;d. where devices have been imported the importer has provided the information required in article 53 paragraph 2;e. the manufacturer has assigned a udi where applicable.2 with the exception of paragraph 1 letter d, random sampling may be used for the purposes of verification.3 where a distributor considers or has reason to believe that a device is not in conformity with the requirements of this ordinance, it must not make the device available on the market until it has been brought into conformity.4 the further obligations of distributors prior to and after making a device available on the market are governed by articles 14 and 16 paragraphs 3 and 4 eu-mdr67. in particular, distributors must fulfil the following obligations:a. storage, transport and quality management system;b. cooperation with the manufacturer, authorised representative, importer and competent authorities;c. the provision of information to the manufacturer, authorised representative, importer and competent authorities.67 see the footnote to art. 4 para. 1 let. f.section 568 registration of economic operators 68 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281). art. 55 1 manufacturers or their authorised representatives and importers must register the information required by part a of annex vi to eu-mdr69 with swissmedic within three months of placing a device on the market for the first time. 2 the economic operator in question must report any changes to the information to swissmedic within one week.3 further obligations and registration modalities are governed by articles 30 paragraph 3 and 31 eu-mdr.4 swissmedic will verify the information provided by the economic operators and assign them a unique identification number.5 any natural or legal person placing systems and procedure packs on the market for the first time under article 11 must register their name and the address at which they can be contacted with swissmedic within three months of placing the system or procedure pack on the market. where an authorised representative is required under article 51 paragraph 5, the name and address of the authorised representative must also be registered with swissmedic.69 see the footnote to art. 4 para. 1 let. f.chapter 7 device surveillance section 1 post-market surveillance art. 56 system 1 for each device, manufacturers must plan, establish, document, implement, maintain and update a post-market surveillance system in a manner that is proportionate to the risk class and appropriate for the type of device. this system forms an integral part of the manufacturer's quality management system.2 the system must be suited to actively and systematically gathering, recording and analysing relevant data on the quality, performance and safety of a device throughout its entire lifetime, and to drawing the necessary conclusions and to determining, implementing and monitoring any preventive and corrective actions.3 the modalities of the system, particularly the resulting actions, updates and amendments to technical documentation, are governed by article 83 paragraph 3 eu-mdr70.70 see the footnote to art. 4 para. 1 let. f.art. 57 incidents and actions 1 should it become evident in the course of post-market surveillance that preventive and/or corrective action is necessary, manufacturers must take suitable steps, notifying the competent authorities and, if applicable, the designated body.2 if a manufacturer becomes aware of a serious incident in connection with a device that has been made available on the market, or takes action to prevent or minimise the risk of such an incident for medical or technical reasons (field safety corrective actions), it must report the fact in accordance with article 66.art. 58 plan the post-market surveillance plan must satisfy the requirements of section 1 of annex iii to eu-mdr71. with the exception of custom-made devices, the plan is part of the technical documentation specified in annex ii to eu-mdr.71 see the footnote to art. 4 para. 1 let. f.art. 59 report 1 manufacturers of class i devices must draw up a report on post-market surveillance.2 this report must contain:a. a summary of the results and conclusions of the analyses of the data gathered as a result of the plan specified in article 58;b. a rationale and description of any preventive and corrective actions taken.3 the report forms part of the post-market surveillance technical documentation specified in annex iii to eu-mdr72.4 the manufacturer must update the report when necessary and make it available to the competent authority upon request.72 see the footnote to art. 4 para. 1 let. f.section 2 safety report art. 60 obligation 1 manufacturers of class iia, class iib and class iii devices shall prepare a safety report for each device and where relevant for each category or group of devices.2 manufacturers of class iia devices shall update the safety report when necessary and at least every two years. manufacturers of class iib and class iii devices must update this report at least annually.art. 61 content 1 the safety report must contain:a. a summary of the results and conclusions of the analyses of the post-market surveillance data gathered as a result of the post-market surveillance plan as specified in article 58;b. a rationale and description of any preventive and corrective actions taken.2 throughout the lifetime of the device concerned, the safety report must set out:a. the conclusions of the benefit-risk determination;b. the key results of post-market clinical follow-up;c. the total sales volume of the device;d. an estimate of the size of the population using the device;e. characteristics of the population in letter d;f. the frequency of device usage, where practicable.3 the safety report forms part of the technical documentation specified in annexes ii and iii to eu-mdr73. for custom-made devices, the report forms part of the documentation specified in section 2 of annex xiii to eu-mdr.73 see the footnote to art. 4 para. 1 let. f.art. 6274 review 1 manufacturers will make their safety reports available to the designated body involved in the conformity assessment.2 the designated body will review the safety report for class iii devices or implantable devices and record the outcome of its review with details of any action taken.3 manufacturers or their authorised representatives will, upon request, make the safety report and the outcome of the designated body's review, with details of any action taken, available to the competent authority.74 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).section 3 summary of safety and clinical performance art. 63 1 for class iii devices and for implantable devices, other than custom-made or investigational devices, the manufacturer must draw up a summary of safety and clinical performance.2 the summary of safety and clinical performance shall be written in a way that is clear to the intended user and, if relevant, to the patient.3 the minimum content of the summary is governed by article 32, paragraph 32 eu-mdr75.4 the draft summary of safety and clinical performance must be submitted to the designated body involved in the conformity assessment pursuant to article 24 for validation by that body.5 the manufacturer will publish the summary after it has been validated.766 the manufacturer must mention on the label or instructions for use where the summary is available.75 see the footnote to art. 4 para. 1 let. f.76 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).section 4 traceability and recording of product identification art. 64 traceability 1 distributors and importers shall co-operate with manufacturers or authorised representatives to achieve an appropriate level of traceability of devices.2 the duty of disclosure under article 47c tpa continues for at least 10 years, or for at least 15 years for implantable products, after the last product covered by the conformity assessment was placed on the market.art. 65 recording the udi 1 economic operators shall store and keep, preferably by electronic means, the udi of the class iii implantable devices which they have supplied or with which they have been supplied.2 swissmedic may extend this obligation to other devices, or categories or groups of devices.section 5 vigilance art. 66 reporting obligation 1 manufacturers of devices made available in switzerland or natural or legal persons who assemble systems or procedure packs in accordance with article 22 paragraphs 1 and 3 eu-mdr77 must report to swissmedic:a. any serious incidents involving the device in question that have occurred in switzerland, as soon as they become aware of them;b. any field safety corrective actions undertaken in switzerland.782 exemptions from this reporting obligation, modalities, periodic summary reports, trend reporting and analyses of serious incidents and field safety corrective action are governed by articles 27 paragraph 5 and 87-89 eu-mdr.2bis where an authorised representative is required pursuant to article 51, this representative is responsible for the reporting obligation in paragraph 1. furthermore, the authorised representative must submit the trend reports pursuant to paragraph 2 on incidents in switzerland and abroad to swissmedic without being requested to do so. final reports prepared in accordance with article 89 paragraph 5 eu-mdr should be submitted to swissmedic. the transfer of these obligations from the manufacturer or from the natural or legal person assembling systems or procedure packs under article 22 paragraphs 1 and 3 eu-mdr to the authorised representative must be agreed in writing in the mandate.793 .804 any professional who becomes aware of an incident when using devices must report this to the supplier and swissmedic. the report may be submitted by a professional association. the timelines for doing so are as set out in article 87 eu-mdr.5 reports must be submitted to swissmedic electronically and in machine-readable format. swissmedic publishes information on electronic submission and the forms to be used with content specifications.77 see the footnote to art. 4 para. 1 let. f.78 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).79 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)80 repealed by no i of the o of 19 may 2021, with effect from 26 may 2021 (as 2021 281).art. 67 reporting systems in hospitals 1 hospitals must set up an internal reporting system within the framework of an established quality management system for the purpose of reporting under article 66 paragraph 4.2 they must designate a suitable competent person (vigilance contact person) with a medical or technical qualification to assume responsibility for reporting to swissmedic. they must supply this person's contact details to swissmedic.3 records and all documents created under the vigilance quality management system must be retained for at least 15 years.chapter 8 conduct in relation to devices art. 68 supply devices are supplied in accordance with their intended purpose and the information provided by the manufacturer.art. 69 advertising 1 claims for products must only contain statements that correspond to the product information.2 misleading statements, particularly concerning the intended purpose, safety and performance of a device, are prohibited.3 devices intended solely for use by professionals must not be advertised to the public.art. 70 use by professionals 1 any professional who uses a device from a foreign country without placing it on the market is responsible for the conformity of that device.2 device groups intended for use by professionals and which could harm the health of humans in the case of improper use are listed in annex 6.3 the groups of devices in annex 6 may only be used in accordance with the professional and operating requirements stated therein.art. 71 maintenance 1 any person using devices in a professional capacity must ensure that the devices are maintained and tested in accordance with the regulations.2 maintenance must be carried out in accordance with the principles of a quality management system, is to be organised appropriately, and must be guided in particular by:a. the manufacturer's instructions;b. the particular risk associated with the device and its use.3 for devices with a measurement function, test procedures may be required in accordance with the measuring instruments ordinance of 15 february 200681.4 swissmedic can issue and publish requirements for maintenance measures. these requirements will be deemed to constitute the current scientific and technological standards.81 sr 941.210art. 72 reprocessing 1 any person using in a professional capacity a device intended for repeated use must ensure on each occasion and prior to use that its functionality has been tested and that it has been processed in accordance with current scientific and technological standards and taking account of the instructions of the manufacturer and the requirements of hygiene.2 reprocessing must employ suitable procedures that have been validated in accordance with current scientific and technological standards and whose efficacy has been demonstrated and can be reliably traced and reproduced within a quality management system.3 any natural or legal person who processes devices for third parties must:a. declare that the processed device:1. has been processed in accordance with the manufacturer's instructions, or2. has been processed using a procedure specific to the processor that is equally safe and effective as the procedure specified by the manufacturer and has been demonstrated to be equally safe and effective by means of a risk analysis and validation process;b. operate a quality management system that is both suitable and certified to nationally or internationally recognised standards;c. provide proof that reprocessing takes place in suitable premises, in accordance with the recognised rules of science and technology and in compliance with hygiene requirements.d. document that the device has been processed in accordance with letter a.4 the declaration required under paragraph 3 letter a must identify the device and state the name and address of the establishment that processed it.art. 73 single-use devices and their reprocessing 1 reprocessing and further use of single-use devices is forbidden.2 single-use devices reprocessed in a foreign country under article 17 paragraph 3 eu-mdr82 must neither be used nor made available on the market.82 see the footnote to art. 4 para. 1 let. f.art. 74 cyber security 1 healthcare institutions must put in place all technical and organisational resources required by the state of the art to ensure that network-compatible products are protected against electronic attack and unauthorised access.2 hospitals must identify, evaluate and document the measures taken under paragraph 1 in accordance with the principles of a risk management system. this system forms an integral part of the hospitals' quality management system.chapter 9 market surveillance art. 75 principle 1 inspections under the auspices of market surveillance will cover devices made available on the market, conformity assessment procedures, device surveillance, device handling and economic operators' fulfilment of their obligations. they will also cover devices made available in contracting states by natural or legal persons domiciled in switzerland, the conformity assessment procedures and surveillance activities for such devices and the natural or legal persons' fulfilment of their obligations.2 the market surveillance activities undertaken by swissmedic and the cantons are governed by articles 93-95, 97 and 98 eu-mdr83. articles 97 paragraph 3 and 98 paragraphs 3 and 4 eu-mdr are excluded.3 the cantons will draw up annual plans for their market surveillance activities under paragraph 2. they will provide swissmedic with an annual summary of the results of their surveillance activities. swissmedic can determine both the content of the summary and the form in which it is made available.4 in case of an actual necessity for the protection of public health, swissmedic will decree the measures under article 66 tpa in a general ruling.83 see the footnote to art. 4 para. 1 let. f.art. 76 responsibilities 1 swissmedic is responsible for monitoring:a. devices and device conformity;b. vigilance;c. maintenance and reprocessing of devices:1. in hospitals,2. that are intended for use in hospitals.2 certain aspects of the monitoring activities set out in paragraph 1 remain the responsibility of other federal offices or institutions.3 the cantons are responsible for monitoring:a. the retail trade and dispensing points;b. the manual production of custom-made devices, of systems and of procedure packs;c. maintenance and reprocessing of devices by the professionals using them and in healthcare institutions with the exception of hospitals.art. 77 powers 1 for the purposes of verifying conformity, the authorities responsible for monitoring under article 76 may, without providing compensation:a. demand the proof and information required;b. take samples;c. have the samples tested or submitted to laboratory examination;d. enter and inspect, during normal working hours and with advance notice or, if necessary, unannounced, the business premises and facilities of natural or legal persons who have an obligation to provide information;e. consult documents and demand that they, or additional information, be provided in one of the official languages of switzerland or in english.2 if a manufacturer or a natural or legal person who assembles systems or procedure packs under article 22 paragraphs 1 and 3 eu-mdr84 fails to fulfil their obligations under article 66, swissmedic may impose appropriate measures to protect health, up to and including prohibiting the making available on the market or the putting into service of the devices in question.8584 see the footnote to art. 4 para. 1 let. f.85 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)art. 78 duty to cooperate and provide information economic operators that place a device on the market in switzerland or in a contracting state, and economic operators, professionals and healthcare institutions that make a device available or put it into service in switzerland or a contracting state have a duty to cooperate on matters of enforcement. in particular, they must provide, free of charge, all necessary information and all necessary proof and documentation to the enforcement bodies.chapter 10 data processing section 1 data processing in general art. 79 processing of personal data swissmedic and third parties contracted by swissmedic are empowered to process the personal data that they need to perform the tasks mandated to them by this ordinance. specifically, this includes:a. health data acquired in the course of market surveillance and vigilance;b. data documenting the reliability and professional qualifications of vigilance contact persons (art. 67 para. 2) or the individuals responsible for compliance with the regulations (art. 49 and 52).art. 80 operation of information systems 1 it is swissmedic's responsibility to ensure that its information systems operate securely and that data is processed in accordance with legal requirements.2 it will draw up a set of processing rules for each information system. these will specify the technical and organisational measures to be taken to ensure that the data is protected and secure.art. 81 access rights 1 the following persons and agencies will be given online access to information systems provided this is necessary for the fulfilment of their respective tasks:a. swissmedic staff employed in vigilance and market surveillance and third parties mandated to perform tasks in this area;b. swissmedic staff employed in administrative penal law;c. swissmedic administrators and mandated third parties.2 a log of persons and bodies granted access to the information systems will be kept. the data in this log will be stored for two years.art. 82 data archiving and deletion personal data will be stored for a period of ten years from the final entry. on the expiry of this period, it will be destroyed.section 2 medical devices information system art. 83 responsible authority swissmedic is responsible for the medical devices information system required under article 62c tpa (medical devices information system).art. 84 data protection and security 1 swissmedic shall draw up processing rules in accordance with article 21 of the ordinance of 14 june 199386 to the federal act on data protection (ofadp).2 articles 20 and 21 ofadp apply to data security.3 data processing must be automatically logged.86 sr 235.11art. 85 content of the medical devices information system 1 this medical devices information system contains the following data:a. device data;b. data on economic operators;c. data on the designated bodies and certificates issued by them;d. data on clinical trials;e. vigilance data;f. market surveillance data;g. data that can be used to manage and adapt the medical devices information system (system data);h. authentication data, assigned user roles and basic settings for using the medical devices information system (user data).2 the medical devices information system only contains personal data where such data is required to record and process information.art. 86 data exchange with other information systems the medical devices information system can draw the data specified in article 85 from eudamed and from cantonal electronic systems; it can also submit data to eudamed and cantonal systems.art. 87 access rights swissmedic has access to all data recorded in and processed by the medical devices information system.art. 88 data subjects' rights and data rectification 1 data subjects' rights, particularly the right to information, rectification and deletion of data, are governed by data protection legislation.2 swissmedic will ensure that data that is incorrect or has been processed unlawfully is corrected in or deleted from the medical devices information system. correction and deletion will take place as quickly as possible, but no later than 60 days of the data subject making their request.art. 89 data archiving the personal data specified in article 85 paragraph 2 must be stored in such a way that it is only possible to identify data subjects for a period of ten years after the last device covered by the declaration of conformity was placed on the market. for implantable devices, this period is extended to 15 years.art. 90 publication of data swissmedic may publish the following in the medical devices information system:a. product data, as specified in accordance part b of annex vi to eu-mdr87;b. information on economic operators and devices, as specified in part a of annex vi to eu-mdr;c. the general information specified in article 35 paragraph 7 eu-mdr governing the assessment, designation and notification of conformity assessment bodies and for the monitoring of designated bodies, and on changes that have a significant impact on such tasks;d. summaries of the annual report on monitoring and on-site assessment activities drawn up in accordance with article 44 paragraph 12 eu-mdr;e. summaries of safety and clinical performance in accordance with article 63;f. information on certificates issued under articles 28 and 42-44;g. field safety notices for users or customers issued in the course of field safety corrective actions in accordance with article 89 paragraph 8 eu-mdr;h. summaries of the reports on swissmedic's activities in monitoring market surveillance;i. scientific opinions in accordance with article 106 paragraph 12 eu-mdr;j. information on market monitoring activities, particularly recalls, on non-conforming devices and preventive health protection measures.87 see the footnote to art. 4 para. 1 let. f.art. 91 subsequent use of data non-personal data can be used for the independent assessment of long-term device safety or performance or of the traceability of implantable products.art. 92 applicability of the data protection act all data processing activities carried out in the medical devices information system must comply with the federal act of 19 june 199288 on data protection.88 sr 235.1chapter 11 final provisions section 1 enforcement art. 93 amendment of annexes 1 the fdha can amend annexes 1-3 to this ordinance in line with international and technical progress.2 where amendments may pose technical barriers to trade, it will effect them by mutual agreement with the federal department of economic affairs, education and research.art. 94 information on directly applicable legal acts of the european commission swissmedic will provide on its website information on legal acts of the european commission that, according to this ordinance, are directly applicable in switzerland in the version binding upon the member states of the eu and as listed in annex 4.art. 95 harmonisation of enforcement 1 when implementing this ordinance, swissmedic will respect the implementing acts adopted by the european commission on the basis of eu-mdr89.2 regulations (eu) no 207/201290 and no 722/201291 will remain in force until such time as they are repealed in the eu by implementing acts adopted by the european commission on the basis of eu-mdr.89 see the footnote to art. 4 para. 1 let. f.90 commission regulation (eu) no 207/2012 of 9 march 2012 on electronic instructions for use of medical devices, version according to oj l 72 of 10.3.2012, p. 28.91 commission regulation (eu) no 722/2012 of 8 august 2012 concerning particular requirements as regards the requirements laid down in council directives 90/385/eec and 93/42/eec with respect to active implantable medical devices and medical devices manufactured utilising tissues of animal origin, version according to oj l 212 of 9.8.2012, p. 3.art. 96 cooperation with the european commission and authorities of the contracting states 1 where provided for by international agreements, swissmedic, the designated bodies and economic operators will cooperate with the european commission and the authorities of the contracting states.2 swissmedic can appoint experts who are qualified to evaluate conformity assessment bodies in the field of medical devices.3 the agency may appoint experts to participate in expert groups of the european commission and the authorities of the contracting states.art. 97 collaboration with the customs authorities 1 the customs authorities provide swissmedic with information on the import, export and transit of devices.2 swissmedic can mandate the customs authorities to detain devices for further inspection and to obtain samples.art. 98 expert laboratories in switzerland 1 laboratories that wish to be designated an expert laboratory by the european commission in accordance with article 106 paragraph 7 eu-mdr92 may apply to swissmedic for designation.2 they must demonstrate to swissmedic in particular that they:a. meet the criteria set out in article 106 paragraph 8 eu-mdr; andb. are able to assume the tasks under article 106 paragraph 10 eu-mdr, taking account of the amendments to this provision adopted by the european commission by means of delegated acts93, in accordance with the requirements in each case.3 they must operate in one of the following fields:a. physico-chemical characterisation;b. microbiological, mechanical, electrical, electronic or non-clinical biological and toxicological testing or biocompatibility testing.4 if the requirements are met, swissmedic will propose to the eu commission that the laboratory be designated an expert laboratory.92 see the footnote to art. 4 para. 1 let. f.93 see annex 4.section 2 repeal of other legislation and transitional provisions art. 99 repeal of other legislation the following ordinances are repealed:1. the medical devices ordinance of 17 october 200194;2. ordinance of 22 june 200695 on the list of prescription medical devices.94 [as 2001 3487; 2004 4037 no i 5, ii para. 2; 2008 4377 annex 5 no 2; 2010 1215, 2749 no i 7; 2015 999; 2017 5935; 2019 999 art. 28 para. 2; 2020 2975]95 [as 2006 3679]art. 100 validity of certificates issued under the old legislation 1 certificates issued under the old legislation prior to 25 may 2017 will retain their validity until the expiry date stated therein, but no longer than 26 may 2022.2 certificates issued under the old legislation since 25 may 2017 will retain their validity until the expiry date stipulated in them, but no longer than 26 may 2024.art. 101 placing on the market of products that comply with the old legislation 1 provided they continue to comply with the old legislation from 26 may 2021 and have not undergone any significant changes in their design or intended purpose, the following medical devices may be placed on the market or put into service until 26 may 2024:a. devices classified as class i under the old legislation for which a declaration of conformity was issued before 26 may 2021 and for which the conformity assessment procedure under this ordinance necessitates the involvement of a designated body;b. devices with a certificate valid under article 100.2 the post-market surveillance and market monitoring of these devices, vigilance, and registration of economic operators and of the devices themselves are subject to the provisions of this ordinance.3 devices legally placed on the market prior to 26 may 2021 under the old legislation and devices placed on the market from 26 may 2021 under paragraph 1 can continue to be placed on the market or put into service until 26 may 2025. the above is subject to article 103.art. 102 exemptions for non-compliant medical devices exemptions issued by swissmedic under article 9 paragraph 4 of the medical devices ordinance of 17 october 200196 shall retain their validity.96 see the footnote to art. 99 no 1.art. 103 devices incorporating devitalised tissue or cells of human origin 1 devices incorporating devitalised tissue or cells of human origin or their derivatives as specified in article 1 paragraph 3 letter c no. 2 and d that were lawfully placed on the market or put into service prior to 26 may 2021 may still be placed on the market or put into service until 26 may 2025. art. 101 paragraph 2 applies mutatis mutandis.2 until such time as a corresponding special ordinance is issued, devices covered by article 2a paragraph 2 tpa are subject to the medical devices ordinance of 17 october 200197. devices covered by article 2a paragraph 2 tpa that were lawfully placed on the market prior to 26 may 2021 may still be placed on the market or put into service until such time as a corresponding special ordinance is issued.97 see the footnote to art. 99 no 1.art. 104 affixing the udi the udi required by article 17 paragraph 2 must be affixed:a. for implantable and class iii devices: from 26 may 2021;b. for class iia and iib devices: from 26 may 2023;c. for class i devices: from 26 may 2025;d. for reusable devices where the udi has to be affixed to the product itself: two years after the dates given in letters a-c for the relevant product class.art. 104a98 appointment of authorised representatives 1 if the manufacturer is domiciled in an eu or eea state, or if the manufacturer has designated an authorised representative domiciled in an eu or eea state, that manufacturer must designate an authorised representative in accordance with article 51 paragraph 1 within the following time periods:a. for class iii devices, class iib implantable devices and active implantable devices: by 31 december 2021;b. for non-implantable class iib devices and class iia devices: by 31 march 2022;c. for class i devices: by 31 july 2022.2 for systems and procedure packs, an authorised representative in accordance with article 51 paragraph 5 must be appointed by 31 july 2022.98 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)art. 104b99 registration by economic operators economic operators that have placed devices on the market prior to 26 may 2021 in accordance with article 22a of the medical devices ordinance of 17 october 2001100 must register the information required under article 55 paragraphs 1 and 5 by 26 november 2021.99 inserted by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281)100 see the footnote to art. 99 no 1.art. 105101 in vitro diagnostic medical devices 1 until such time as a corresponding special ordinance is issued, in vitro diagnostic medical devices are subject to the medical devices ordinance of 17 october 2001102, subject to paragraphs 2 and 3.2 in vitro diagnostic medical devices must not carry the name and address of the natural or legal person who first places them on the swiss market on their labelling, outer packaging or instructions for use if they carry the name and address of the natural or legal person who places them on the market in an eu or eea state.3 in vitro diagnostic medical devices that have been notified to the competent authority of an eu or eea state in accordance with article 6 paragraph 2 of the medical devices ordinance of 17 october 2001 do not have to be additionally notified to swissmedic.101 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).102 see the footnote to art. 99 no 1.art. 106 devices without an intended medical purpose unless swissmedic has designated common specifications in accordance with article 8 paragraph 1 for devices without an intended medical purpose in accordance with annex 1, these devices are subject to the old legislation.art. 107 conformity assessment bodies 1 conformity assessment body designations issued under section 4 of the medical devices ordinance of 17 october 2001103 will become void.2 the conformity assessment body that issued the certificates under the old legislation will remain responsible for adequately monitoring these devices. it will be subject to supervision by swissmedic.3 conformity assessment body designations issued under section 4a of the medical devices ordinance of 17 october 2001 will retain their validity.4 until a special ordinance for in vitro diagnostic medical devices enters into force, the conformity assessment bodies for these devices will continue to be designated in accordance with section 4 and 4a of the medical devices ordinance of 17 october 2001.103 see the footnote to art. 99 no 1.art. 108104 reporting devices, systems and procedure packs 1 until article 17 paragraph 5 comes into force, the following reporting obligations will continue to apply to natural or legal persons domiciled in switzerland:a. for manufacturers and natural or legal persons who assemble systems or procedure packs under article 22 paragraphs 1 and 3 eu-mdr105: the reporting obligations set out in article 6 paragraphs 1 and 4 of the medical devices ordinance of 17 october 2001106:b. for natural or legal persons who place medical devices on the market under article 2 paragraph 1 of the medical devices ordinance of 17 october 2001: the reporting obligations set out in article 6 paragraphs 3 and 4 of the medical devices ordinance of 17 october 2001.2 .107104 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).105 see the footnote to art. 4 para. 1 let. f.106 see the footnote to art. 99 no 1.107 to enter into force in due course (art. 110 para. 2).art. 109108 108 repealed by no i of the o of 19 may 2021, with effect from 26 may 2021 (as 2021 281).art. 110 commencement 1 subject to the exceptions in paragraph 2, this ordinance comes into force on 26 may 2021.2 articles 17 paragraph 5 and 108 paragraph 2 will come into force at a later date.109109 amended by no i of the o of 19 may 2021, in force since 26 may 2021 (as 2021 281).annex 1 (art. 1 para. 1 letter b)product groups without an intended medical purpose 1. contact lenses or other items intended to be introduced into or onto the eye.2. products intended to be totally or partially introduced into the human body through surgically invasive means for the purpose of modifying the anatomy or fixation of body parts with the exception of products used in tattooing or body piercing.3. substances, combinations of substances, or items intended to be used for facial or other dermal or mucous membrane filling by subcutaneous, submucous or intradermal injection or other introduction, excluding those for tattooing.4. equipment intended to be used to reduce, remove or destroy adipose tissue, such as equipment for liposuction, lipolysis or lipoplasty.5. high intensity electromagnetic radiation (e.g. infra-red, visible light and ultra-violet) emitting equipment intended for use on the human body, including coherent and non-coherent sources, monochromatic and broad spectrum, such as lasers and intense pulsed light equipment, for skin resurfacing, tattoo or hair removal or other skin treatment.6. equipment intended for brain stimulation that applies electrical currents or magnetic or electromagnetic fields that penetrate the cranium to modify neuronal activity in the brain.annex 2 (art. 5 para. 1)equivalent terms the terms listed below and used in eu-mdr110 and this ordinance are equivalent as follows:euswitzerlanda. english termsunionswitzerlandmember stateswitzerlandthird countryother state union marketswiss marketunion legislation /union harmonisation legislationlegislationharmonised standarddesignated standard state of the artscientific and technological standardseu declaration of conformitydeclaration of conformityofficial journal of the european unionfederal gazette (bundesblatt)established outside / within the uniondomiciled in / outside switzerlandauthoritycompetent authority under swiss lawhealthcare professionalprofessionalsuspensionsuspensionwithdrawalrevocationtransplantsorgansb. german termsunionschweizmitgliedstaatschweizdrittstaat / drittlandanderer staat unionsmarktschweizer marktrechtsvorschriften der union /harmonisierungsrechtssvorschriften der unionrechtsvorschriftenharmonisierte normbezeichnete norm stand der technikstand von wissenschaft und technikeu-konformittserklrungkonformittserklrungamtsblatt der europischen unionbundesblattausserhalb / in der union ansssigsitz ausserhalb / in der schweizbehrdenach schweizerischem recht zustndige behrdeangehrige der gesundheitsberufefachpersonenaussetzungsuspendierungzurckziehungwiderruftransplantateorganeunionsuissec. french termstat membresuissetat tiers / pays tiersautre tat march de l'unionmarch suisselgislation (actes lgislatifs) de l'union /lgislation d'harmonisation de l'unionlgislationsnorme harmonisenorme dsigne tat de l'arttat de la science et de la technique dclaration de conformit uedclaration de conformitinvestigation cliniqueessai cliniquedispositif faisant l'objet d'une investigationdispositif faisant l'objet d'un essai cliniquejournal officiel de l'union europennefeuille fdralesitu hors de l'union / tabli dans l'unionsis l'tranger / en suissenotice d'utilisationmode d'emploiconditionnementemballagenotification des incidents gravesdclaration des incidents gravesautoritsautorits comptentes en vertu du droit suisseprofessionnels de la santprofessionnelsretraitrvocationd. italian termsunionesvizzerastato membrosvizzerapaese terzoaltro statomercato dell'unionemercato svizzerolegislativo dell'unione /normativa di armonizzazione dell'unionelegislazioninorma armonizzatanorma designatastato dell'artestato della scienza e della tecnicadichiarazione di conformit uedichiarazione di conformitmarcatura ce di conformitmarchio di conformitgazzetta ufficiale dell'unione europeafoglio federaleavente sede fuori dall'unione,/ stabilito nell'unioneavente sede all'estero/ in svizzeraautoritautorit competente secondo il diritto svizzerooperatori sanitarispecialisticontrollatasociet controllataritirorevocaimmissione sul mercatoimmissione in commerciosegnalazione di incidenti gravinotifica di incidenti graviindagini clinichesperimentazioni clinichedispositivo oggetto di indaginedispositivo oggetto di sperimentazione clinicaconfezionamentoimballaggio110 see the footnote to art. 4 para. 1 let. f.annex 3 (art. 5 para. 2)applicable law 1 eu law where this ordinance makes reference to provisions of eu-mdr111 that in turn make reference to eu law, the versions below are applicable:1.1 regulation (ec) 1272/2008 of the european parliament and of the council of 16 december 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/eec and 1999/45/ec, and amending regulation (ec) no 1907/2006, (oj l 353 of 31.12.2080, p. 1).1.2 commission regulation (eu) no 207/2012 of 9 march 2012 on electronic instructions for use of medical devices (oj l 72 of 10.3.2012, p. 28).1.3 commission regulation (eu) no 722/2012 of 8 august 2012 concerning particular requirements as regards the requirements laid down in council directives 90/385/eec and 93/42/eec with respect to active implantable medical devices and medical devices manufactured utilising tissues of animal origin(oj l 212 of 9.8.2012, p. 3).111 see the footnote to art. 4 para. 1 let. f.2 swiss law where this ordinance makes reference to provisions of eu-mdr112 that in turn make reference to eu law, the swiss law below is applicable in place of the eu law:eu lawswiss legislation1. directive 2001/83/ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use, oj l 311 of 28.1.2001, p. 67. therapeutic products actof 15 december 20001132. regulation (ec) no 726/2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency, oj l 136 of 30.4.2004, p. 1.therapeutic products actof 15 december 20003. regulation (ec) no 1394/2007 of the european parliament and of the council of 13 november 2007 on advanced therapy medicinal products and amending directive 2001/83/ec and regulation (ec) no 726/2004, oj l 324 of 10.12.2017, p. 121. therapeutic products actof 15 december 20004. regulation (eu) 2017/746 of the european parliament and of the council of 5 april 2017 on in vitro diagnostic medical devices and repealing directive 98/79/ec and commission decision 2010/227/eu, oj l 117 of 5.5.2017, p. 176.therapeutic products actof 15 december 2000 5. council directive 85/374/eec of 25 july 1985 on the approximation of the laws, regulations and administrative provisions of the member states concerning liability for defective products, oj l 210 of 7.8.1985, p. 29. product liability actof 18 june 19931146. directive 2014/30/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to electromagnetic compatibility, oj l 96 of 29.3.2001, p. 79.ordinance of25 november 2015115on electromagneticcompatibility7. directive 2006/42/ec of the european parliament and of the council of 17 may 2006 on machinery, and amending directive 95/16/ec, oj l 157 of 09.06.2006, p. 24.machine ordinanceof 2 april 20081168. regulation (ec) no 1223/2009 of the european parliament and of the council of 30 november 2009 on cosmetic products, oj l 324 of 22.12.2009, p. 59.fdha ordinanceof 16 december 2016117on cosmetics9. directive 2004/23/ec of the european parliament and of the council of 31 march 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells, oj l 102 of 7.4.2004, p. 48.therapeutic products actof 15 december 2000and transplantation actof 8 october 200411810. directive 2002/98/ec of the european parliament and of the council of 27 january 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending directive 2001/83/ec, oj l 33 of 8.2.2003, p. 30.therapeutic products act of 15 december 2000 and transplantation actof 8 october 200411. regulation (ec) no 178/2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law, establishing the european food safety authority and laying down procedures in matters of food safetyoj l 31 of 1.2.2002, p. 1.foodstuffs actof 20 june 201411912. regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council, oj l 316 of 14.11.2021, p. 12.therapeutic products act of 15 december 2000 and federal act of 6 october 1995120on technical barriers to trade 13. regulation (ec) no 45/2001 of the european parliament and of the council of 18 december 2000on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data, oj l 8 of 12.1.2001, p. 1.federal act of 19 june 1992121on data protection14. regulation (ec) no. 765/2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation (eec) no 339/93, oj l 218 of 13.8.2008, p. 30.federal act of 6 october 1995on technical barriers to tradeand product safety actof 12 june 200912215. regulation (ec) no 1907/2006 of the european parliament and of the council of 18 december 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (reach), establishing a european chemicals agency, amending directive 1999/45/ec and repealing council regulation (eec) no 793/93 and commission regulation (ec) no 1488/94 as well as council directive 76/769/eec and commission directives 91/155/eec, 93/67/eec, 93/105/ec and 2000/21/ec, oj l 396, 30.12.2006, p. 1.chemicals act of15 december 200012316. regulation (eu) no 528/2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products, oj l 167 of 27.6.2012, p. 1.ordinance on biocidal productsof 18 may 200512417. council directive 80/181/eec of 20 december 1979 on the approximation of the laws of the member states relating to units of measurement and on the repeal of directive 71/354/eec, oj l 39 of 15.2.1980, p. 40.metrology act of 17 june 201112518. council directive 2013/59/euratom of 5 december 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing directives 89/618/euratom, 90/641/euratom, 96/29/euratom, 97/43/euratom and 2003/122/euratom, oj l 13 of 17.1.2014, p. 1.radiological protection actof 22 march 199112619. directive 2004/10/ec of the european parliament and of the council of 11 february 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances, oj l 50 of 20.2.2004, p. 44.ordinance of 18 may 2005127on good laboratory practice20. council directive 90/385/eec of 20 june 1990 on the approximation of the laws of the member states relating to active implantable medical devices, oj l 189 of 20.7.1990, p. 17.medical devices ordinanceof 17 october 200121. council directive 93/42/eec of 14 june 1993 concerning medical devices, oj l 169 of 12.7.1993, p. 1.medical devices ordinanceof 17 october 2001112 see the footnote to art. 4 para. 1 let. f.113 sr 812.21114 sr 221.112.944115 sr 734.5116 sr 819.14117 sr 817.023.31118 sr 810.21119 sr 817.0120 sr 946.51121 sr 235.1122 sr 930.11123 sr 813.1124 sr 813.12125 sr 941.20126 sr 814.50127 sr 813.112.1annex 4128 128 revised by rectification of 4 may 2021 (as 2021 260).(art. 4 para. 2, 17 para. 4, 19 para. 1 let. c, 20 para. 1, 23, 25 para. 3, 29 para. 2, 45 para. 2, 46 para. 3, 47 para. 1 and 98 para. 2 let. b)delegated acts of the european commission based on eu-mdr129 129 see the footnote to art. 4 para. 1 let. f.for the purposes of implementing this ordinance, the legal acts adopted on the basis of the provisions of eu-mdr set out below will apply in switzerland in the binding version applicable to the eu member states:subject matterpassed by the european commission based on the eu-mdrart. 4 para. 2 meddo delegated act in accordance with art. 3 eu-mdrart. 17 para. 4 meddodelegated act in accordance with art. 27 para. 10 eu-mdrart. 19, para. 1 let. c meddoimplementing act in accordance with article 42 paragraph 13eu-mdr art. 20 para. 1 meddodelegated act in accordance with art. 18 para. 3 eu-mdrart. 23 meddo delegated act in accordance with art. 52 para. 5 eu-mdr art. 25 para. 3 meddo delegated act in accordance with art. 56 para. 6 eu-mdrart. 29 para. 2 meddo delegated act in accordance with art. 19 para. 4 eu-mdrart. 45 para. 2 meddodelegated act in accordance with art. 44 para. 11 eu-mdrart. 46 para. 3 meddo delegated act in accordance with art. 61 para. 8 eu-mdr art. 47 para. 1 meddo delegated act in accordance with art. 10 para. 4 eu-mdrart. 98 para. 2 letter b meddodelegated act in accordance with art. 106 para. 15 eu-mdrannex 5 (art. 13 para. 1)conformity marking the conformity marking is as follows:where a designated body has to be involved, its identification number is to be placed beside its conformity marking.annex 6 (art. 70, paras 2 and 3)product groups intended for use by professionals, qualifications and circumstances of use 1. product groups devices for injection intended to remain in the human body for longer than 30 days (long-term injectable devices) must only be used by a doctor or by a professional with the qualifications set out in number 2 under the direct supervision of a doctor, who will be deemed accountable.2. qualifications long-term injectable devices may be used by qualified healthcare professionals with appropriate training in the injection of long-term implantable devices.

812.214.31 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on integrity and transparency in relation to therapeutic products(tpito)of 10 april 2019 (status as of 1 january 2020)the swiss federal council,on the basis of articles 4 paragraph 2, 55 paragraph 3 and 56 paragraphs 2 and 3 of the therapeutic products act of 15 december 20001 (tpa),ordains:1 sr 812.21section 1 general provisions art. 1 subject matter this ordinance regulates the details on the requirement for integrity and the duty of transparency in articles 55 and 56 tpa.art. 2 definitions in this ordinance:a. professionals means persons who prescribe prescription-only medicinal products, dispense the same, use them independently on professional basis, or purchase them or jointly decide on their purchase for these purposes;b. organisations means private or public legal entities and companies and sole proprietorships that employ professionals.section 2 integrity art. 3 advantages of modest value 1 advantages of modest value under article 55 paragraph 2 letter a tpa that are permitted are advantages given to professionals that have a maximum total value of 300 francs per professional per year that are of relevance to medical or pharmaceutical practice.2 an advantage is of relevance to medical or pharmaceutical practice if it is directly connected with the practice of the profession by the professional or of direct benefit to the professional's customers.3 competition winnings and prizes are only permitted if:a. they constitute an advantage of modest value and of relevance to medical or pharmaceutical practice;b. the competition is directed exclusively towards the addressees of specialist advertising as defined in article 3 of the medicinal products advertising ordinance of 17 october 20012 (mpao); andc. participation in the competition is not conditional on purchasing prescription-only medicinal products.2 sr 812.212.5art. 4 support for research, teaching and infrastructure contributions that are permitted as support given to organisations for research, teaching and infrastructure in accordance with article 55 paragraph 2 letter b tpa are contributions that:a. are not offered, promised or given to professional in person but to the organisation that employs the professional;b. are based on a written agreement which clearly states their intended purpose;c. are used exclusively for that intended purpose;d. are not subject to conditions or requirements that relate to the prescription, dispensing, use or purchase of certain prescription-only medicinal products;e. are credited to a specific account held by the organisation to which professionals do not have sole access; andf. are shown in the organisation's accounts.art. 5 support for the continuing education and training and continuing professional development of professionals 1 contributions that are permitted as support for the continuing education and training and continuing professional development of professionals in accordance with article 55 paragraph 2 letter b tpa are contributions that meet the requirements of article 4 letters a-f.2 the organisation must decide independently on the form and choice of the continuing education and training and continuing professional development events and on the professionals who participate.art. 6 support for participating in events for the continuing education and training and continuing professional development of professionals 1 contributions are permitted as support for participating in events for the continuing education and training and continuing professional development of professionals in accordance with article 55 paragraph 2 letter b tpa provided they are agreed in writing and the professionals participating or the organisations that employ them make an appropriate contribution to the costs of the event (the personal contribution to the costs).2 the personal contribution per person attending a continuing professional development event amounts to at least one third, and per person attending a continuing education and training event to at least one fifth of the following costs:a. registration fees;b. travel costs to and from the event;c. accommodation and meals; andd. costs of activities that are not required in order to participate in the event (fringe events) and that are clearly of subordinate importance.3 a personal contribution to the costs is not required if:a. the participating professional provides a service in return of equivalent value in accordance with article 7 at the event;b. the participating professional is not required to make an overnight stay at the location of the event and the event lasts for no more than half a working day, not including any meal served following the professional part of the event.4 the following are not permitted:a. the full or partial refund of the personal contribution to the costs;b. any payment in respect of indirect participation costs such as lost working hours or lost income;c. any payment of the costs of fringe events that are not clearly of subordinate importance to the professional part of the event;d. any payment of the costs of travelling, accommodation, meals or fringe events for persons accompanying the participating professional, even if the accompanying persons are themselves professionals.art. 7 compensation for services of equivalent value 1 compensation for services of equivalent value provided by a professional or organisation in accordance with article 55 paragraph 2 letter c tpa is compensation that:a. is based on a written agreement which sets out the nature and extent of the service and the compensation; andb. is commensurate with the service provided.2 in the context of a specialist discussion, the requirement in paragraph 1 letter a does not apply to the payment of the cost of meals up to a maximum of 100 francs.3 no compensation shall be due for services that a professional or organisation:a. provides for themselves;b. provides in fulfilment of statutory obligations; orc. is otherwise remunerated for.4 compensation under paragraph 1 is in particular permitted for:a. costs assumed in connection with the purchase of prescription-only medicinal products, such as the payment of transport costs, storage costs or the assumption of storage risks;b. teaching, expert and advisory activities or the conduct of scientific studies and clinical trials;c. reports on practical experiences that are published in a scientifically recognised specialist medium;d. participation in advisory bodies, workshops or market research projects, provided they have no promotional purpose.art. 8 discounts 1 a discount corresponds to the difference between the standard price of a product and the price effectively paid in a transaction. for medicinal products on the list of pharmaceutical specialities, a discount is deemed to have been granted in particular where the price effectively paid is less than the ex factory price.2 the delivery of a larger quantity than ordered and invoiced is not permitted.art. 9 free samples free samples as defined in article 10 mpao3 may not be sold by professionals who receive them.3 sr 812.212.5section 3 transparency art. 10 1 all discounts and refunds that are given on the purchase of therapeutic products to persons or organisations that prescribe, dispense or use medicinal products or purchase the same for that purpose must be disclosed to the federal office of public health on request.2 the duty of transparency in accordance with article 56 tpa does not apply to the purchase of over-the-counter medicinal products (distribution category e) and conventional medicinal products falling within class i in accordance with annex ix of council directive 93/42/eec4 concerning medical devices.4 council directive 93/42/eec of 14 june 1993 concerning medical devices, oj l 169 of 12.7.1993, s. 1; last amended by directive 2007/47/ec, oj l 247 of 21.9.2007, p. 21.section 4 controls art. 11 any person who produces or sells medicines subject to the provisions on integrity and transparency must:a. designate a person to deliver all the required documents and information to the federal office of public health on request;b. retain all the agreements entered into with professionals and organisations in terms of this ordinance for ten years after their final use;c. maintain a list of all professionals and organisations that have received due advantages in accordance with this ordinance.section 5 final provisions art. 12 amendment of other legislation the amendment of other legislation is regulated in the annex.art. 13 commencement this ordinance comes into force on 1 january 2020.annex (art. 12)amendment of other legislation the ordinances below are amended as follows:.55 the amendments can be consulted under as 2019 1395.

813.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.federal act on protection against dangerous substances and preparations(chemicals act, chema)of 15 december 2000 (status as of 1 january 2017)the federal assembly of the swiss confederation,based on articles 95 paragraph 1, 110 paragraph 1 letter a and 118 paragraph 2 letter a of the federal constitution1,and having considered the dispatch of the federal council dated 24 november 19992,ordains:1 sr 1012 bbl 2000 687chapter 1 general provisions and principles section 1 general provisions art. 1 purpose this act is intended to protect the lives and health of human beings against harmful effects arising from substances and preparations.art. 2 scope 1 this act applies to the handling of substances and preparations.2 the handling of microorganisms is deemed equivalent to the handling of substances and preparations in so far as they are used in biocidal products or plant protection products.3 the federal assembly may by means of an ordinance extend the scope of this act or of individual provisions to include:a.organisms that have, or may have, dangerous properties within the meaning of this act;b.the protection of the lives and health of farm and household animals.4 the federal council shall provide for exemptions from the scope or from individual provisions of this act in cases where:a.lives and health are adequately protected by other federal legislation against harmful effects arising from substances and preparations;b.substances and preparations are intended solely for through transit or export;c.general defence or the tasks of the police and customs authorities necessitate such exemptions.art. 3 dangerous substances and preparations 1 substances and preparations are deemed dangerous if they are capable of presenting a hazard to life or health as a result of physico-chemical or toxic effects.2 the federal council shall specify the properties deemed dangerous and define categories of danger.art. 4 definitions 1 in this act:a.substances means chemical elements and their compounds in the natural state or obtained by any production process. a distinction is drawn between existing and new substances:1.substances shall be deemed to be existing substances if they are designated as such by the federal council,2.all other substances shall be deemed new;b.active substances means substances and microorganisms including viruses which on account of their action are designed to be used as biocidal products or plant protection products;c.preparations means mixtures or solutions composed of two or more substances;d.biocidal products means active substances and preparations that are not plant protection products and which are designed to:1.deter, render harmless, destroy or otherwise control harmful organisms, or 2.prevent damage from being caused by harmful organisms;e.plant protection products means active substances and preparations that are designed to:1.protect plants and plant products against harmful organisms or prevent the action of such organisms,2.influence the life processes of plants other than as a nutrient,3.preserve plant products,4.destroy unwanted plants or parts of plants, or5.control the undesired growth of plants;f.manufacturer means any natural or legal person who, by way of profession or trade, produces or extracts substances or preparations, or imports them for professional or commercial purposes;g.notifier means any natural or legal person who notifies new substances to the notification authority, submits documentation on existing substances under review, or requests authorisation for active substances or preparations;h.notification authority means the federal authority that receives in particular notifications of new substances, documentation on existing substances under review, or requests for authorisation for active substances and preparations, as well as other submissions, coordinates the procedures and issues the necessary rulings;i.placing on the market means providing for or supplying to third parties and importing for professional or commercial purposes;j.handling means any activity in connection with substances or preparations, in particular, production, import, export, placing on the market, storage, keeping, transport, use or disposal.2 the federal council may define more precisely the terms specified in paragraph 1, as well as other terms used in this act, draw further distinctions, and, in the light of new scientific and technological knowledge and in line with international developments, make adjustments and grant exemptions.section 2 principles for the handling of substances and preparations art. 5 self-regulation 1 any manufacturer who places substances or preparations on the market shall be responsible for ensuring that they do not endanger life or health. in particular, the manufacturer shall:a.assess and classify substances and preparations according to their properties;b.package and label them in accordance with the type of hazard concerned.2 the federal council shall issue regulations on the nature, extent and review of self-regulation. in particular, it shall specify:a.test methods, the principles of good laboratory practice (glp) and the criteria for assessment and classification;b.packaging and labelling requirements.art. 6 placing on the market having completed the appropriate self-regulation procedures, the manufacturer shall be entitled to place substances and preparations on the market without the prior consent of the authorities. the following exceptions apply:a.notification is required for placing new substances on the market as such or as a constituent of a preparation (art. 9);b.authorisation is required for placing biocidal products or plant protection products on the market (art. 10 and 11).art. 7 obligation to inform purchasers 1 any person who places substances or preparations on the market must inform purchasers about properties and hazards relevant to health, and about the appropriate precautions and protective measures.2 the federal council shall issue regulations concerning the nature, content and scope of such information, in particular the distribution and content of a safety data sheet.art. 8 duty of care any person involved in the handling of substances or preparations must pay due regard to their dangerous properties and take any measures necessary to protect life and health. in particular, due consideration must be given to the relevant information provided by the manufacturer.chapter 2 notification of and authorisation for specific substances and preparations art. 9 notification of new substances 1 the notification authority shall review and assess the documents submitted in conjunction with the federal authorities responsible for the technical matters in question (assessment authorities) and shall inform the notifier of the outcome within a period specified by the federal council.2 a substance for which notification has been submitted may be placed on the market if the notification authority has accepted the notification or if it has not requested any further documents or information concerning the notification within the above-mentioned period.3 the federal council shall issue regulations on the requirements and the procedure for the notification of new substances. it shall specify any exemptions from mandatory notification, taking into account in particular the intended use, the type of substance or preparation and the quantities that are to be produced or placed on the market.art. 10 authorisation for biocidal products 1 the notification authority shall review and assess the documents submitted in conjunction with the assessment authorities and shall issue its decision - taking the risk assessment into consideration (art. 16) - within a period specified by the federal council.2 authorisation shall be granted for a biocidal product in particular if, when used as intended:a.it is sufficiently effective;b.it does not have any unacceptable adverse effects on the health of humans or of farm or household animals.3 authorisation may be withheld or revoked if the health risks give rise to concern and if another active substance is available for which authorisation has been granted for biocidal products of the same type, which is associated with a considerably lower health risk and which does not entail any significant economic or practical disadvantages for users.4 the federal council shall specify the types of authorisation and the authorisation procedures, as well as any exemptions from mandatory authorisation for biocidal products. authorisation shall be granted for limited periods.art. 11 authorisation for plant protection products 1 authorisation shall be granted for a plant protection product in particular if, when used as intended, it does not have any unacceptable adverse effects on the health of humans or of farm or household animals.2 in other respects, the types of authorisation and the authorisation procedures, as well as any exemptions from mandatory authorisation for plant protection products, shall be determined by the relevant agricultural legislation. when issuing the appropriate implementing regulations, the federal council shall give due consideration to the protection of health within the meaning of this act.art. 12 obligation to request information in advance before notifiers conduct the animal experiments required for notification or authorisation, they must enquire at the notification authority as to whether the substance or preparation concerned has already been notified or authorisation has already been granted.art. 13 second notification and second authorisation 1 notification or authorisation in accordance with articles 9-11 shall also be required in cases where substances or preparations subject to mandatory notification or authorisation have already been notified by another notifier or authorisation has already been granted to another notifier.2 the federal council shall establish a special procedure for second notification or authorisation and, giving due consideration to the interests of the original notifier, shall specify the conditions under which:a.the second notifier may refer to notification documents already submitted;b.the original notifier, in the interests of animal welfare, has to accept the use of its notification documents.art. 14 use of documents subject to the provisions of article 13 paragraph 2, the federal authorities involved in the notification or authorisation procedure shall not be entitled to use information or documents provided by a notifier for the benefit of a different notifier without the former's consent. the federal council shall specify the period of protection and determine any exemptions, giving due consideration to the confidentiality of the information concerned.art. 15 review of existing substances 1 the federal council shall issue regulations concerning the review and assessment of individual existing substances.2 the notification authority may request manufacturers to carry out investigations or tests or to provide documents relating to existing substances that:a.in view of the quantities produced or placed on the market or in view of their dangerous character may pose a particular risk to life or health; or b.are being reviewed in connection with international efforts and programmes.art. 16 risk assessment 1 the notification authority, in conjunction with the assessment authorities, shall identify possible hazards presented by substances or preparations (risk assessment). for this purpose, the notifier may be requested to provide additional information and, if necessary, to carry out further tests.2 a risk assessment shall be required for:a.new substances (art. 9);b.substances and preparations subject to mandatory authorisation (art. 10 and 11);c.existing substances under review in accordance with article 15 paragraph 2 letter b.3 on the basis of the risk assessment, having first consulted the notifier, the notification authority may recommend or order that the notifier should take measures to reduce the risks.4 if no measures can be taken to reduce the risks or if the risks cannot be adequately reduced by such measures, the authorities responsible shall take appropriate steps to amend the relevant legal regulations.5 risk assessments shall be reviewed and, if necessary, revised in the light of new findings. in addition, reviews shall be carried out periodically in the case of biocidal products and plant protection products.art. 17 supplementary information the notifier must inform the notification authority without delay and if necessary submit new documents if new findings emerge relating to the substance or preparation concerned or if significant changes occur with regard to essential points such as properties, intended use, or the quantities produced or placed on the market.chapter 3 special provisions concerning the handling of substances and preparations art. 18 reporting the details of substances and preparations 1 in cases where dangerous substances or preparations not subject to a mandatory notification or authorisation procedure are placed on the market, the manufacturer shall inform the notification authority of the following:a.the name and address of the manufacturer;b.the essential details concerning the identity of the product;c.the classification and labelling;d.the substances relevant to the classification.2 in the case of certain substances and preparations, the federal council may waive, in part or in full, the requirement to provide such information, particularly if:a.on account of their properties or the intended use, information on the substances or preparations concerned is of little importance for the identification of risks or for prevention;b.they are supplied exclusively to professional or commercial users; orc.they are supplied in small amounts to a restricted circle of users.3 it may, if this is important for the identification of risks or for prevention:a.stipulate that additional details be reported for certain substances and preparations, specifically concerning their composition;b.extend the scope of mandatory reporting to include preparations that are not dangerous but contain dangerous substances.art. 19 regulations concerning substances 1 the federal council may issue special regulations:a.for certain substances and preparations that may endanger life or health;b.for articles containing substances or preparations as specified under letter a that may endanger life or health when they are used as intended or in a foreseeable way.2 it may:a.impose restrictions on the way in which they are handled, and in particular produced, placed on the market and used;b.impose restrictions on the intended use for which a substance or preparation is placed on the market, and on the quality and form thereof;c.prohibit any handling if life and health cannot otherwise be protected;d.attach special conditions to exports;e.require articles to be labelled if certain substances are contained in or may be released from them;f.require certain poisonous plants and animals to be labelled as such if they are placed on the market;g.specify the classification and labelling of individual dangerous substances and set threshold concentrations for the classification and labelling of preparations that contain these substances.art. 20 advertising 1 the promotion and offering for sale of dangerous substances and preparations, and of preparations containing dangerous substances, must not give rise to misapprehensions regarding the hazards or encourage inappropriate handling. in the case of biocidal products, no misleading claims may be made regarding efficacy.2 the federal council shall issue regulations on how reference is to be made to the hazards in such promotion and offering for sale.art. 21 keeping, storage dangerous substances and preparations shall be kept and stored securely according to the type of hazard involved. in particular, they must:a.be protected against hazardous external influences;b.be inaccessible to unauthorised parties;c.be kept or stored in such a way as to prevent any risk of confusion, specifically with foodstuffs, or of their being used by mistake.art. 22 obligation to return and to accept returns 1 any person who supplies dangerous substances or preparations shall be obliged to accept them when returned by non-commercial users for appropriate disposal. small quantities shall be returnable free of charge.2 in the case of particularly dangerous substances and preparations, the federal council may stipulate that they are to be returned by the owner for disposal.art. 23 theft, loss, inadvertent placing on the market the federal council shall issue regulations concerning the measures that are to be taken when dangerous substances or preparations have been stolen, lost, or placed on the market by mistake.art. 24 regulations concerning personal and technical qualifications 1 the federal council shall specify the personal and technical qualifications required by persons wishing to handle substances and preparations with particularly dangerous properties or in specific categories of danger or carrying special risks. it shall establish a licensing requirement if this is necessary to protect life and health.2 it shall specify how the necessary expertise may be acquired.art. 25 measures required in commercial and educational establishments 1 any person who is involved in the handling of substances and preparations by way of profession or trade shall be obliged to take such measures to protect the life and health of employees as are necessary in the light of experience, practicable according to the state of technological development and appropriate to the circumstances of the establishment concerned. subject to the provisions of articles 42 and 45, the present provision shall be implemented in accordance with the labour law of 13 march 19643 and the federal law of 20 march 19814 on accident insurance.2 in commercial and educational establishments where dangerous substances or preparations are handled by way of profession or trade, a person is to be designated who is responsible for questions of appropriate handling and who can provide the enforcement authorities with the necessary information (art. 42 para. 2). this person shall be required to have the necessary technical qualifications and operational authority. the cantonal authority responsible for enforcement shall be notified of the name of the person designated.3 sr 822.114 sr 832.20chapter 4 documentation and information art. 26 documentation 1 the notification authority shall be responsible for the management of cross-sectoral documentation on substances and preparations. to this end, it shall maintain a product register.2 the assessment authorities shall be responsible for obtaining the documentation required to fulfil their tasks.art. 27 product register 1 the product register shall contain the information on substances and preparations that:a.has been acquired or compiled by the notification authority and the assessment authorities in the course of the notification or authorisation procedure as specified in chapter 2;b.has been reported by the manufacturer in accordance with article 18.2 the federal council shall regulate the processing of data contained in the product register, particularly its use and disclosure, giving due consideration to the interests of the manufacturer; it shall specify the type of information that may be disclosed to enforcement authorities implementing regulations on substances and preparations on the basis of other legal instruments.art. 28 information 1 the federal government shall inform the public and authorities about the risks and hazards involved in handling substances and preparations and shall recommend measures to reduce the risks.2 it shall issue technical guidelines and publish the lists of substances and preparations that are required for the application of this act.3 the cantons shall provide information within their areas of responsibility.art. 29 information on indoor air the federal government shall provide information on hazards arising from indoor pollutants. it may in particular issue recommendations on the limitation or prevention of exposures hazardous to health and on the improvement of indoor air quality.art. 30 poisons information centre 1 the federal council shall establish a poisons information centre and ensure that it is financially compensated for carrying out the tasks assigned to it.2 the information centre shall provide information on the prevention and treatment of poisoning and shall recommend appropriate measures; to this end, it shall collect and process the necessary information, including details of cases of poisoning.3 it shall have unrestricted access to the data in the product register (art. 27) and shall be entitled to request the manufacturer directly to provide any additional information on substances and preparations that may be required for the fulfilment of its tasks.4 the federal council shall take appropriate measures to ensure that the data made available in accordance with paragraph 3 is treated confidentially and that commercial and industrial secrets are protected. it shall specify in particular the conditions under which and the extent to which the information centre may, for medical purposes of a preventive or curative nature, disclose details of the composition and properties of substances and preparations.chapter 5 enforcement section 1 cantons art. 31 enforcement 1 in so far as the federal government is not responsible, this act shall be enforced by the cantons. they shall ensure that the authorities responsible for enforcing this act coordinate their activities with the enforcement authorities responsible for workplace safety and for environmental protection.2 they shall implement decisions issued by the federal authorities, when requested to do so by the latter.art. 32 cantonal regulations the cantons shall issue the organisational regulations for enforcement and shall notify the federal government thereof.section 2 federal government art. 33 supervision 1 the federal government shall supervise the enforcement of this act.2 it shall coordinate cantonal enforcement measures in so far as uniform enforcement is deemed desirable. to this end, it may in particular:a.impose a duty on the cantons to inform the federal government about enforcement measures;b.prescribe measures to ensure uniform enforcement by the cantons;c.in exceptional circumstances, order the cantons to take specific enforcement measures;d.5support continuing education and training for the enforcement authorities. 5 the amendment in accordance with the federal act of 20 june 2014 on continuing education and training, in force since 1 jan. 2017 relates only to the french and italian texts (as 2016 689; bbl 2013 3729).art. 34 enforcement powers of federal government 1 the federal government shall enforce:a.article 5 paragraph 1 letter a (assessment and classification of substances and preparations) and the requirements based on article 5 paragraph 2 letter a;b.article 7 (manufacturer's obligation to inform purchasers);c.articles 9-17 (notification of and authorisation for specific substances and preparations);d.article 18 (reporting of details of substances and preparations);e.article 19 paragraph 2 letter d (exports);f.articles 26-30 (documentation and information), with the exception of article 28 paragraph 3.2 it may delegate responsibility to the cantons for individual parts of the tasks specified in paragraph 1 or request their participation in specific parts of tasks.3 the federal government is responsible for enforcement with regard to the following matters:a.installations, activities, substances and preparations required for the purposes of national defence;b.imports, through transit or exports.art. 35 coordination 1 the federal council shall determine which assessment authorities are to be involved in the procedures and reviews specified in chapter 2.2 if under different items of legislation substances or preparations must be notified to or authorisation granted by more than one federal authority, it shall designate a joint notification authority.3 the federal council shall regulate the cooperation between the federal authorities involved.art. 36 delegation of enforcement tasks the federal council may delegate enforcement tasks to public or private organisations and persons.art. 37 scientific requirements, research 1 the federal government shall ensure that the scientific requirements necessary for the application of this act are fulfilled.2 it may carry out surveys itself or in cooperation with the cantons, or with appropriate institutions or experts.3 within the framework of international cooperation, it may finance investigations of substances and preparations in whole or in part.4 it shall promote scientific teaching and research in the field of dangerous properties of substances and preparations.art. 38 federal council implementing provisions the federal council shall issue the implementing provisions. where possible, it shall combine these with the implementing provisions for other federal acts if the latter include provisions relating to substances and preparations.art. 39 adoption of internationally harmonised regulations and standards 1 when issuing its provisions, the federal council shall give due consideration to internationally harmonised guidelines and recommendations, and internationally harmonised technical regulations and standards.2 it may declare certain internationally harmonised technical regulations and standards to be applicable in connection with this act. it may authorise the relevant federal office to make subsequent adjustments to technical details of minor importance in the regulations and standards that have been declared applicable.3 in exceptional cases, it may decide that the regulations and standards declared applicable are to be published in a special form and that translation into the official languages is not required.art. 40 international cooperation 1 by way of amendment to the provisions of article 18 of the federal act of 6 october 19956 on technical barriers to trade (tba), the federal council may approve the recognition in particular of tests, inspections or assessments carried out abroad and of foreign reports or certificates.2 within the scope of the authority granted by this act, it may conclude international agreements over and above the provisions of article 14 paragraph 1 tba.3 the federal authorities shall cooperate with foreign authorities and institutions, and with international organisations.6 sr 946.51art. 41 safeguard clause if the notification authority has good reason to believe that substances or preparations represent a health hazard, although they comply with the requirements of this act, in particular if their classification, packaging or labelling is no longer appropriate, it may, having first consulted the manufacturer, provisionally reclassify the substances or preparations, prohibit their placing on the market or make them subject to special conditions. in such cases, the measures required to amend the regulations concerned shall be taken without delay.section 3 special regulations on enforcement art. 42 powers of enforcement authorities 1 in order to monitor compliance with the provisions of this act, the enforcement authorities shall be authorised to test substances, preparations and articles as specified in article 19 paragraph 1 letter b and to examine procedures for the handling thereof.2 for this purpose, they shall be authorised to request that any persons involved in the handling of such substances, preparations or articles should, free of charge:a.provide the necessary information;b.carry out or submit to investigations;c.grant access to production and storage facilities;d.permit sampling or provide samples on request.3 they shall be authorised, at the expense of the person responsible, to take any measures necessary to remedy irregularities with regard to such substances, preparations or articles. in particular, they shall be authorised to:a.prohibit any further handling of such substances, preparations or articles;b.order them to be recalled or returned;c.order them to be rendered harmless or destroyed;d.order their seizure.art. 43 secrecy any person carrying out tasks in accordance with this act is bound to maintain secrecy.art. 44 confidentiality of information 1 information shall be treated as confidential if its disclosure would be detrimental to an interest deemed worthy of protection. in particular, one such interest is that of manufacturers in the preservation of their commercial and industrial secrets.2 the federal council shall define the types of information for which preservation of secrecy cannot be asserted to be an interest deemed worthy of protection.art. 45 data exchange among enforcement authorities 1 if several different federal authorities are involved in enforcement, they shall be responsible for ensuring that data is exchanged in so far as this is necessary for the fulfilment of their tasks.2 the federal council may approve the exchange of data with additional authorities or with public or private organisations and persons if this is necessary for the enforcement of this act.3 the federal authorities shall disclose to the relevant cantonal enforcement authorities any data required for the fulfilment of their enforcement tasks.4 the cantonal enforcement authorities shall communicate to the relevant federal authorities any data that they have collected in accordance with this act.5 for the purposes of data exchange, automated recall procedures may be established. in this case, the federal council, giving due consideration to the interests of the parties concerned deemed worthy of protection, shall determine who is permitted to call up data, what data may be called up, and for what purposes.art. 46 data exchange with foreign countries and with international organisations 1 the federal council shall establish responsibilities and procedures for the exchange of data with foreign authorities and institutions and with international organisations.2 confidential information may only be disclosed to foreign authorities and institutions or to international organisations if:a.this is required by international agreements or the resolutions of international organisations; orb.it is imperative in order to avert an imminent hazard to life or health.art. 47 fees the federal council shall set the fees to be levied for enforcement by the federal authorities. it may grant exemptions from the liability to pay fees.chapter 67 . 7 repealed by annex no. 90 of the federal administrative court act of 17 june 2005, with effect from 1 jan. 2007 (as 2006 2197 1069; bbl 2004 4202). art. 48 chapter 7 criminal provisions8 8 from 1 jan. 2007, the penalties and prescriptive periods below must be interpreted or recalculated in application of art. 333 para. 2-6 of the criminal code (sr 311.0) in the version of the federal act of 13 dec. 2002 (as 2006 3459). art. 49 misdemeanours 1 a penalty of imprisonment or a fine of up to 200,000 swiss francs shall be imposed on manufacturers who wilfully:a.place substances or preparations on the market for a use that poses an immediate threat to life or health, if they are aware or should be aware of this fact (art. 5 para. 1);b.fail to correctly classify, package or label substances or preparations (art. 5 para. 1), fail to produce a safety data sheet, or include inaccurate or incomplete information in such a sheet (art. 7);c.place substances or preparations on the market:1.without having notified them (art. 6 and art. 13 para. 1),2.before the notification has been accepted or the specified period has elapsed (art. 9 para. 2),3.without authorisation having been granted (art. 6 and art. 13 para. 1);d.withhold information on substances or preparations from, or give false information to, the authorities responsible (art. 9 para. 3, art. 10 para. 4, art. 11 para. 2, art. 15 para. 2, art. 16 para. 1, art. 17, art. 30 para. 3 and art. 42 para. 2);e.infringe regulations concerning substances (art. 19 para. 2 let. a-c, e and g);f.contravene measures ordered pursuant to the safeguard clause (art. 41).2 the penalty shall be imprisonment of up to five years or a fine of up to 500,000 swiss francs if human life is severely endangered as a result of the offences specified in paragraph 1.3 a penalty of imprisonment or a fine shall be imposed on anyone who wilfully:a.places dangerous substances or preparations on the market without duly informing the purchaser about the properties thereof or the appropriate precautions and protective measures, or without supplying the purchaser with a safety data sheet (art. 7);b.breaches the duty of care in the handling of dangerous substances and thereby knowingly endangers human life or health (art. 8, art. 21, art. 23 and art. 25 para. 1);c.contravenes the obligation to request information in advance (art. 12);d.infringes regulations concerning substances (art. 19 para. 2 let. a and c);e.infringes regulations concerning exports (art. 19 para. 2 let. d);f.handles substances or preparations without due authorisation (art. 24 para. 1);g.supplies dangerous substances or preparations to unauthorised parties (art. 19 para. 2 let. a and art. 24 para. 1);h.breaches the duty of secrecy (art. 30 para. 4, art. 43 and art. 44);i.contravenes measures ordered pursuant to the safeguard clause (art. 41).4 the penalty shall be imprisonment of up to five years or a fine of up to 100,000 swiss francs if human life is severely endangered as a result of the offences specified in paragraph 3.5 in cases of negligence, the penalty shall be imprisonment of up to one year or a fine of up to 100,000 swiss francs for offences specified in paragraph 1 and imprisonment of up to six months or a fine for offences specified in paragraph 3.art. 50 contraventions 1 a penalty of detention or a fine of up to 20,000 swiss francs shall be imposed to any person who wilfully:a.infringes the provisions concerning self-regulation (art. 5);b.breaches the duty of care in the handling of substances or preparations (art. 8, art. 21, art. 23 and art. 25 para. 1);c.fails to report details of substances or preparations or gives false information (art. 18);d.contravenes the labelling requirements for poisonous plants and animals (art. 19 para. 2 let. f);e.infringes the regulations concerning advertising (art. 20);f.refuses to accept the return of dangerous substances or preparations (art. 22 para. 1);g.breaches the duty to provide information to the cantonal enforcement authorities (art. 25 para. 2);h.breaches the duty to provide information or misinforms the enforcement authorities (art. 42 para. 2);i. contravenes an injunction issued with specific reference to the sanctions of the present article.2 in cases of negligence, the penalty shall be a fine.3 in cases where infringements of implementing regulations do not constitute an offence under paragraph 1 or article 49, the federal council may impose sanctions of detention or a fine of up to 20,000 swiss francs for wilful acts, or a fine in cases of negligence.4 attempt and aiding and abetting are also offences.5 in particularly minor cases, prosecution and penalties may be waived.6 the right to prosecute contraventions prescribes after two years, and penalties for contraventions after five years.art. 51 offences in commercial establishments articles 6 and 7 of the federal act of 22 march 19749 on administrative criminal law apply to offences under this act.9 sr 313.0art. 52 criminal prosecution and complaints 1 the cantons shall be responsible for the prosecution and adjudication of offences.2 if there are adequate grounds to suspect that an offence has been committed within the area of federal enforcement, the federal agency responsible shall report this to the cantonal authority. in particularly minor cases, a complaint may be dispensed with.chapter 8 final provisions art. 53 repeal and amendment of existing legislation the repeal and amendment of existing legislation is regulated in the annex.art. 54 transitional provisions 1 data collected under existing legislation by the toxicology documentation office (art. 18 of the toxic substances act of 21 march 196910), in particular that included in the list of toxic substances (art. 4 of the toxic substances act), may be included in the product register (art. 27) and continue to be used, in so far as it is relevant to the enforcement of this act.2 after the commencement of this act, substances and preparations that are packaged and labelled in accordance with existing legislation may still be placed on the domestic market by the manufacturer for one year and may be supplied to final users for two years. for these substances and preparations, the preparation and supply of safety data sheets shall be governed by existing law.3 for substances and preparations subject to mandatory notification or authorisation that are already on the market when this act comes into force, the federal council shall specify a facilitated notification or authorisation procedure. at the same time, for such cases, it shall grant an appropriate extension of the periods specified in paragraph 2.4 authorisation procedures for substances and preparations which are pending when this act comes into force shall be pursued and concluded by the federal authority that is responsible under this act in accordance with the provisions of this act.5 the federal council shall determine to what extent and for how long persons licensed to deal with toxic substances under existing law are entitled to handle dangerous substances and preparations.10 [as 1972 430 1977 2249 no. i 541, 1982 1676 annex no. 10, 1984 1122 art. 66 no. 4, 1985 660 no. i 41, 1991 362 no. ii 403, 1997 1155 annex no. 4, 1998 3033 annex no. 7.]art. 55 referendum and commencement 1 this act shall be subject to an optional referendum.2 the federal council shall set the commencement date.commencement date: 1 august 200511art. 19 para. 2 let. a and d, 34 para. 1 let. e, 38, 49 para. 3 let. e and annex no. ii 2 (art. 39 para. 1bis of the environmental protection act): 1 january 20051211 ordinance of 18 may 2005 (as 2005 2293).12 federal council decree of 10 nov. 2004annex repeal and amendment of current legislation ithe toxic substances act of 21 march 196913 is repealed.iithe federal acts listed below are amended as follows:.1413 [as 1972 430, 1977 2249 no. i 541, 1982 1676 annex no. 10, 1984 1122 art. 66 no. 4, 1985 660 no. i 41, 1991 362 no. ii 403, 1997 1155 annex no. 4, 1998 3033 annex no. 7]14 the amendments may be consulted under as 2004 4763.

813.112.1 english is not an official language of the swiss confederation. this translation is provided for information purposes only and has no legal force.ordinance on good laboratory practice (oglp)of 18 may 2005 (status as of 1 december 2012)the federal councilbased on article 5 paragraph 2 letter a of the chemicals act of 15 december 2000 (chema)1,article 26 paragraph 3, article 38 paragraph 3 and article 39 paragraph 1 of the environmental protection act of 7 october 19832 (epa) and article 11 paragraph 2 letter a of the federal act of 15 december 20003 on therapeutic products (tpa) decrees:1 sr 813.12 sr 814.013 sr 812.21section 1 general provisions art. 1 objective and purpose 1 this ordinance lays down the principles of good laboratory practice (glp) as the quality standard for studies, and regulates compliance monitoring.2 the ordinance aims to:a.ensure that test data are reproducible;b.promote international acceptance of tests conducted in switzerland in order to avoid duplicate testing.art. 2 scope the ordinance applies to non-clinical studies of substances, preparations and articles (test items) that:a.serve to obtain data on the properties of a test item and its safety with respect to human health and the environment; andb.provide data to be submitted to the authorities in view of a registering or licensing procedure.art. 3 definitions 1 in this ordinance:a.good laboratory practice (glp) means a quality system concerned with the organisational process and the conditions under which studies are planned, performed, monitored, recorded, archived and reported.b.4areas of expertise means studies conducted in the following categories: 1.physical-chemical testing,2.toxicity studies, 3.mutagenicity studies, 4.environmental toxicity studies on aquatic and terrestrial organisms, 5.studies on behaviour in water, soil and air; bioaccumulation6.residue studies, 7.studies on effects on mesocosms and natural ecosystems, 8.analytical and clinical chemistry testing, 9.other studies, specify;c.study audit means an audit of a study to verify that its data, records, reports and other elements comply with glp principles;d.test facility means the persons, premises and operational unit(s) that are necessary for conducting studies; for multi-site studies conducted at more than one site, the test facility comprises the site at which the study director is located and all individual test sites that individually or collectively may be considered as such. 2 further terms relevant to glp are defined in annex 1.4 amended by annex no 2 of the ordinance of 7 nov. 2012, in force since 1 dec. 2012 (as 2012 6103).section 2 glp principles and compliance monitoring art. 4 glp principles 1 the principles of glp are listed in annex 2.2 the federal office of public health (foph)5, the federal office for the environment (foen) and swissmedic (swiss agency for therapeutic products) may issue joint guidelines on the interpretation of glp principles. in doing so they must take account of internationally recognised regulations.5 the name of the administrative unit was amended in application of art. 16 para 3 of the publications ordinance of 17 nov. 2004 (sr 170.512.1). this amendment has been applied throughout the text.art. 5 application 1 establishments that wish to have their test facilities listed in the register (art. 14) must apply to the notification authority (art. 8).2 for each test facility, the application must include the following information:a.name and address of the test facility;b.site plans documenting the use of the individual premises;c.organisation charts documenting the name and position of the test facility management, the personnel in charge of quality assurance and the study directors;d.name and address of a contact person;e.standard operating procedures for quality assurance;f.a list of all standard operating procedures;g.the relevant areas of expertise; h.a list of all studies planned over the next six months with the relevant schedules;i.a list of all studies conducted over the last six months, or still being carried out, in the relevant areas of expertise.3 on request from the competent authority, the establishments must submit other information.4 if conditions in a test facility are substantially modified, the establishment must submit a new application without delay. in this case the list pursuant to paragraph 2 letter i must include all studies since the last inspection. in the event of any doubt, the establishment must refer without delay to the notification authority to determine whether the modification is substantial. the notification authority gives its decision in agreement with the competent authorities concerned.art. 6 inspections 1 after receiving an application, the competent authority shall inspect the test facilities on site. during this inspection, the authority checks in particular whether the procedures, operating procedures and data obtained respect the principles of glp.2 thereafter, the authority shall inspect the test facilities again every two to three years. prior to each inspection the authority shall request information pursuant to article 5 paragraph 2. the list pursuant to article 5 paragraph 2 letter i must include all studies conducted since the last inspection. the competent authority may request further data.3 if there is sufficient reason to assume that a test facility does not comply with the glp principles, the competent authority may conduct an inspection without delay.4 the competent authority shall produce a report on each inspection.art. 7 study audits 1 the competent authority shall conduct a study audit on its own initiative or at the request of another competent swiss or foreign authority if:a.there is sufficient reason to assume that a test facility did not comply with glp principles when conducting certain studies;b.the results of a particular study are of vital importance for assessing human or environmental safety.2 if after completion of the study audit the competent authority concludes that the audited study did not comply with glp principles, it may carry out an inspection.3 the competent authority may also carry out a study audit as part of an inspection.4 the competent authority shall produce a report on each inspection.art. 8 competent authorities 1 the notification authority in accordance with article 4 paragraph 1 letter h of the chema shall coordinate the conduct of inspections and of study audits and, in agreement with the competent authorities, produce decisions on conformity with the principles of glp.2 the following authorities are competent to carry out inspections and study audits:a.the foph and swissmedic for studies of toxicological properties;b.the foen for studies of ecotoxological properties or of environmental behaviour of the test items;c.the foph, the foen or swissmedic after mutual agreement for studies of all other properties.3 where necessary the authorities may delegate tasks to each other, or call in specialists. they may delegate all or part of the tasks and competences with which they are entrusted by virtue of this ordinance to appropriate public corporations or individuals. the foph and swissmedic may only delegate the conduct of inspections and study audits.art. 9 duties and powers of the authority 1 the authority shall carry out inspections and study audits according to the guidelines in sections a and b of annex i of european directive 2004/9/ec of the parliament and of the council of 11 february 20046.2 on request, the establishment must submit to the authorities all documents and all other evidence required to assess its compliance with glp principles.3 the authorities must be allowed to access the test facilities at all times.4 if an establishment with test facilities has been accredited by the swiss accreditation service pursuant to article 14 of the ordinance of 17 june 19967 on accreditation and identification, the authority shall take these results into account.6 directive 2004/9/ec of the european parliament and of the council of 11 feb. 2004 on the inspection and verification of good laboratory practice (glp); oj no. l 050 of 20 feb. 2004, pp. 28-43. the european community legislation mentioned in this ordinance can be ordered for a fee or consulted free of charge at the notification authority for chemical products, 3003 bern; it can also be consulted at www.cheminfo.ch.7 sr 946.512art. 10 reports on inspections and study audits 1 the competent authority shall provide the establishment with the draft of the inspection report and allow it an appropriate period in which to state its position thereon. on receipt of a response from the establishment or on expiry of the period, the authority shall pass the inspection report to the notification authority.2 the competent authority shall pass the report on the study audit to the notification authority.3 the notification authority shall decide:a.on the basis of the inspection report, whether the test facility is operating according to the glp principles;b.on the basis of the study audit report, whether the study was carried out according to the glp principles;4 the provisions on study audits also apply to studies audited during an inspection.art. 11 information the notification authority shall inform the competent authorities of planned inspections and study audits, and of decisions pursuant to article 10.art. 12 obligation to notify 1 an establishment must immediately notify the notification authority if:a.it changes its name or address;b.one of its test facilities changes its name or address;c.one of its test facilities is no longer willing to comply with glp principles.d.there are changes in responsibilities at the level of the management of the test facility or of the quality assurance unit.e.it intends to extend the area of expertise.section 3 documentation and conformity with glp principles art. 13 1 for any study that must be carried out according to the principles of glp, it is necessary in the procedure of notification or authorisation: to show that the study was carried out in a test facility registered, at the time when the study was carried out, in the swiss register of test facilities that comply with the principles of glp;to present a study report in which the study director confirms, in one of the swiss national languages or in english, that the study was carried out in compliance with the principles of glp.2 if the study was carried out in a country other than switzerland, in addition to the study report, an extract from the foreign register or a confirmation from the foreign authority must be submitted proving that the test facility was included in the official monitoring programme at the time the study was carried out. in the case of countries that are not members of the organisation for economic co-operation and development (oecd), the notification authority may request other documents that it considers necessary to evaluate compliance with the principles of glp.3 if justified by the circumstances, and in particular if the results of the study are very important, or if there is doubt whether the principles of glp have been respected, a federal executive authority may ask the notification authority to have a study audit carried out.section 4 other regulations art. 14 register and glp list 1 the notification authority shall maintain a register of all establishments with their inspected test facilities and their audited studies. 2 the notification authority shall enter the data in the register as soon as the formal decision has been made confirming conformity of the test facility with the principles of glp. 3 the notification authority shall provide the establishment with a confirmation stating, in one of the official swiss languages or in english, that its test facilities are listed in the register.4 the notification authority shall regularly publish, in an appropriate way, a list of the test facilities that work according to the principles of glp.5 if the principles of glp are no longer respected, the test facility shall be removed from the list mentioned in paragraph 4.art. 15 content of the register the register shall specify:a.the name and address of the establishment and of its test facilities;b.the type and date of inspection and the relevant areas of expertise;c.the date of the study audit and identification of the study;d.the decision relative to compliance with glp principles;e.the date of the decision or of the notification that the relevant test facility no longer complies with glp principles.art. 16 notification in cases of serious non-compliance with glp principles 1 if in the course of an inspection, the competent authority ascertains that a test facility fails to comply with glp principles to the extent that the reliability of study results is no longer guaranteed, and that in consequence these results may generate erroneous conclusions relating to human and environmental safety, it must immediately inform the notification authority.2 the notification authority must inform the federal executive authorities responsible for evaluating notifications or authorisations for substances and preparations.art. 17 confidentiality of data 1 the competent authorities may transmit confidential data only to:a.each other;b.the federal executive authorities pursuant to article 16 paragraph 2;c.foreign glp authorities, if this is provided for by agreements under international law or by federal legislation.2 under no circumstances are the entries in the register pursuant to article 15 confidential.art. 18 dealings with foreign authorities 1 depending on the area of competence (art. 8), the foph, the foen and swissmedic shall represent switzerland on glp-related issues in dealings with authorities and institutions abroad, and with international organisations.2 the foen shall co-ordinate dealings with the organisation for economic co-operation and development (oecd) at national level. each year it shall supply the oecd and the oecd member states with a list of inspected establishments with their test facilities and conducted study audits, and notify them of establishments that are guilty of serious non-compliance with glp principles.section 5 final provisions art. 19 transitional provisions 1 decisions made and confirmations delivered before this ordinance comes into force remain valid until they are replaced by documents after the next inspection.2 requests made according to the previous legislation and still being processed by the glp authorities shall be passed on to the notification authority when this ordinance comes into force.art. 20 commencement this ordinance comes into force on 1 august 2005. annex 1 (art.3, para 2)terms relating to glp 1 terms concerning the organisation of a test facility 1.1 test site means the location(s) at which one or more phases of a study is conducted.1.2 test facility management means the person(s) who has the authority and formal responsibility for the organisation and functioning of the test facility according to these principles of good laboratory practice.1.3 test site management (if appointed) means the person(s) responsible for ensuring that the phase(s) of the study, for which he is responsible, are conducted according to these principles of good laboratory practice.1.4 study director means the individual responsible for the overall conduct of the non-clinical health and environmental safety study.1.5 principal investigator means an individual who, for a multi-site study, acts on behalf of the study director and has defined responsibility for delegated phases of the study. the study director's responsibility for the overall conduct of the study cannot be delegated to the principal investigator(s); this includes approval of the study plan and its amendments, approval of the final report, and ensuring that all applicable principles of good laboratory practice are followed.1.6 quality assurance programme means a defined system, including personnel, which is independent of study conduct and is designed to assure test facility management of compliance with these principles of good laboratory practice.1.7 standard operating procedures (sops) means documented procedures which describe how to perform tests or activities normally not specified in detail in study plans or test guidelines.1.8 master schedule means a compilation of information to assist in the assessment of workload and for the tracking of studies at a test facility.2 terms concerning studies 2.1 short-term study means a study of short duration with widely used, routine techniques.2.2 study plan means a document which defines the objectives and experimental design for the conduct of the study, and includes any amendments.2.3 study plan amendment means an intended change to the study plan after the study initiation date.2.4 study plan deviation means an unintended departure from the study plan after the study initiation date.2.5 test system means any biological, chemical or physical system or a combination thereof used in a study.2.6 raw data means all original test facility records and documentation, or verified copies thereof, which are the result of the original observations and activities in a study. raw data also may include, for example, photographs, microfilm or microfiche copies, computer readable media, dictated observations, recorded data from automated instruments, or any other data storage medium that has been recognised as capable of providing secure storage of information for a time period as stated in annex 2, number 10.2.7 specimen means any material derived from a test system for examination, analysis, or retention.2.8 experimental starting date means the date on which the first study specific data are collected.2.9 experimental completion date means the last date on which data are collected from the study.2.10 study initiation date means the date the study director signs the study plan.2.11 study completion date means the date the study director signs the final report.3 terms concerning the test item 3.1 test item means an article that is the subject of a study.3.2 reference item (control item) means any article used to provide a basis for comparison with the test item.3.3 batch means a specific quantity or lot of a test item or reference item produced during a defined cycle of manufacture in such a way that it could be expected to be of a uniform character and should be designated as such.3.4 vehicle means any agent which serves as a carrier used to mix, disperse, or solubilise the test item or reference item to facilitate the administration/application to the test system.annex 28 8 revised in accordance with annex no 2 of the ordinance of 7 nov. 2012, in force since 1 dec. 2012 (as 2012 6103).(art. 4, para 1)glp principles 1 test facility organisation and personnel 1.1 test facility management's responsibilities 1 each test facility management should ensure that these principles of good laboratory practice are complied with, in its test facility.2 as a minimum it should:a.ensure that a statement exists which identifies the individual(s) within a test facility who fulfil the responsibilities of management as defined by these principles of good laboratory practice;b.ensure that a sufficient number of qualified personnel, appropriate facilities, equipment, and materials are available for the timely and proper conduct of the study;c.ensure the maintenance of a record of the qualifications, training, experience and job description for each professional and technical individual;d.ensure that personnel clearly understand the functions they are to perform and, where necessary, provide training for these functions;e.ensure that appropriate and technically valid standard operating procedures are established and followed, and approve all original and revised standard operating procedures;f.ensure that there is a quality assurance programme with designated personnel and assure that the quality assurance responsibility is being performed in accordance with these principles of good laboratory practice;g.ensure that for each study an individual with the appropriate qualifications, training, and experience is designated by the management as the study director before the study is initiated. replacement of a study director should be done according to established procedures, and should be documented.h.ensure, in the event of a multi-site study, that, if needed, a principal investigator is designated, who is appropriately trained, qualified and experienced to supervise the delegated phase(s) of the study. replacement of a principal investigator should be done according to established procedures, and should be documented.i.ensure documented approval of the study plan by the study director;j.ensure that the study director has made the approved study plan available to the quality assurance personnel;k.ensure the maintenance of an historical file of all standard operating procedures;l.ensure that an individual is identified as responsible for the management of the archive(s);m.ensure the maintenance of a master schedule;n.ensure that test facility supplies meet requirements appropriate to their use in a study;o.ensure for a multi-site study that clear lines of communication exist between the study director, principal investigator(s), the quality assurance programme(s) and study personnel;p.ensure that test and reference items are appropriately characterised;q.establish procedures to ensure that computerised systems are suitable for their intended purpose, and are validated, operated and maintained in accordance with these principles of good laboratory practice.3 when a phase(s) of a study is conducted at a test site, test site management (if appointed) will have the responsibilities as defined above with the following exceptions: point 1.1, paragraph 2, letters g., i., j. and o.1.2 study director's responsibilities 1 the study director is the single point of study control and has the responsibility for the overall conduct of the study and for its final report.2 these responsibilities should include, but not be limited to, the following functions. the study director should:a.approve the study plan and any amendments to the study plan by dated signature;b.ensure that the quality assurance personnel have a copy of the study plan and any amendments in a timely manner and communicate effectively with the quality assurance personnel as required during the conduct of the study;c.ensure that study plans and amendments and standard operating procedures are available to study personnel;d.ensure that the study plan and the final report for a multi-site study identify and define the role of any principal investigator(s) and any test facilities and test sites involved in the conduct of the study;e.ensure that the procedures specified in the study plan are followed, and assess and document the impact of any deviations from the study plan on the quality and integrity of the study, and take appropriate corrective action if necessary; acknowledge deviations from standard operating procedures during the conduct of the study;f.ensure that all raw data generated are fully documented and recorded;g.ensure that computerised systems used in the study have been validated;h.sign and date the final report to indicate acceptance of responsibility for the validity of the data and to indicate the extent to which the study complies with these principles of good laboratory practice;i.ensure that after completion (including termination) of the study, the study plan, the final report, raw data and supporting material are archived.1.3 principal investigator's responsibilities the principal investigator will ensure that the delegated phases of the study are conducted in accordance with the applicable principles of good laboratory practice.1.4 study personnel's responsibilities 1 all personnel involved in the conduct of the study must be knowledgeable in those parts of the principles of good laboratory practice which are applicable to their involvement in the study.2 study personnel will have access to the study plan and appropriate standard operating procedures applicable to their involvement in the study. it is their responsibility to comply with the instructions given in these documents. any deviation from these instructions should be documented and communicated directly to the study director, and/or if appropriate, the principal investigator(s).3 all study personnel are responsible for recording raw data promptly and accurately and in compliance with these principles of good laboratory practice, and are responsible for the quality of their data.4 study personnel should exercise health precautions to minimise risk to themselves and to ensure the integrity of the study. they should communicate to the appropriate person any relevant known health or medical condition in order that they can be excluded from operations that may affect the study.2 quality assurance programme 2.1 general 1 the test facility should have a documented quality assurance programme to assure that studies performed are in compliance with these principles of good laboratory practice.2 the quality assurance programme should be carried out by an individual or by individuals designated by and directly responsible to management and who are familiar with the test procedures.3 this/these individual/s should not be involved in the conduct of the study being assured.2.2 responsibilities of the quality assurance personnel the responsibilities of the quality assurance personnel include, but are not limited to, the following functions. they should:a.maintain copies of all approved study plans and standard operating procedures in use in the test facility and have access to an up-to-date copy of the master schedule;b.verify that the study plan contains the information required for compliance with these principles of good laboratory practice. this verification should be documented;c.conduct inspections to determine if all studies are conducted in accordance with these principles of good laboratory practice. inspections should also determine that study plans and standard operating procedures have been made available to study personnel and are being followed. inspections can be of three types as specified by quality assurance programme standard operating procedures:1.study-based inspections,2.facility-based inspections,3.process-based inspections.records of such inspections should be retained.d.inspect the final reports to confirm that the methods, procedures, and observations are accurately and completely described, and that the reported results accurately and completely reflect the raw data of the studies;e.promptly report any inspection results in writing to management and to the study director, and to the principal investigator(s) and the respective management, when applicable;f.prepare and sign a statement, to be included with the final report, which specifies types of inspections and their dates, including the phase(s) of the study inspected, and the dates inspection results were reported to management and the study director and principal investigator(s), if applicable. this statement would also serve to confirm that the final report reflects the raw data.3 facilities 3.1 general 1 the test facility should be of suitable size, construction and location to meet the requirements of the study and to minimise disturbance that would interfere with the validity of the study.2 the design of the test facility should provide an adequate degree of separation of the different activities to assure the proper conduct of each study.3.2 test system facilities 1 the test facility should have a sufficient number of rooms or areas to assure the isolation of test systems and the isolation of individual projects, involving substances or organisms known to be or suspected of being biohazardous.2 suitable rooms or areas should be available for the diagnosis, treatment and control of diseases, in order to ensure that there is no unacceptable degree of deterioration of test systems.3 there should be storage rooms or areas as needed for supplies and equipment. storage rooms or areas should be separated from rooms or areas housing the test systems and should provide adequate protection against infestation, contamination, and/or deterioration.3.3 facilities for handling test and reference items 1 to prevent contamination or mix-ups, there should be separate rooms or areas for receipt and storage of the test and reference items, and mixing of the test items with a vehicle.2 storage rooms or areas for the test items should be separate from rooms or areas containing the test systems. they should be adequate to preserve identity, concentration, purity, and stability, and ensure safe storage for hazardous substances.3.4 archive facilities archive facilities should be provided for the secure storage and retrieval of study plans, raw data, final reports, samples of test items and specimens. archive design and archive conditions should protect contents from untimely deterioration.3.5 waste disposal handling and disposal of wastes should be carried out in such a way as not to jeopardise the integrity of studies. this includes provision for appropriate collection, storage and disposal facilities, and decontamination and transportation procedures.4 apparatus, material, and reagents 1 apparatus, including validated computerised systems, used for the generation, storage and retrieval of data, and for controlling environmental factors relevant to the study should be suitably located and of appropriate design and adequate capacity.2 apparatus used in a study should be periodically inspected, cleaned, maintained, and calibrated according to standard operating procedures. records of these activities should be maintained. calibration should, where appropriate, be traceable to national or international standards of measurement.3 apparatus and materials used in a study should not interfere adversely with the test systems.4 chemicals, reagents, and solutions should be labelled to indicate identity (with concentration if appropriate), expiry date and specific storage instructions. information concerning source, preparation date and stability should be available. the expiry date may be extended on the basis of documented evaluation or analysis.5 test systems 5.1 physical/chemical 1 apparatus used for the generation of physical/chemical data should be suitably located and of appropriate design and adequate capacity.2 the integrity of the physical/chemical test systems should be ensured.5.2 biological 1 proper conditions should be established and maintained for the storage, housing, handling and care of biological test systems, in order to ensure the quality of the data.2 newly received animal and plant test systems should be isolated until their health status has been evaluated. if any unusual mortality or morbidity occurs, this lot should not be used in studies and, when appropriate, should be humanely destroyed. at the experimental starting date of a study, test systems should be free of any disease or condition that might interfere with the purpose or conduct of the study. test systems that become diseased or injured during the course of a study should be isolated and treated, if necessary to maintain the integrity of the study. any diagnosis and treatment of any disease before or during a study should be recorded.3 records of source, date of arrival, and arrival condition of test systems should be maintained.4 biological test systems should be acclimatised to the test environment for an adequate period before the first administration/application of the test or reference item.5 all information needed to properly identify the test systems should appear on their housing or containers. individual test systems that are to be removed from their housing or containers during the conduct of the study should bear appropriate identification, wherever possible.6 during use, housing or containers for test systems should be cleaned and sanitised at appropriate intervals. any material that comes into contact with the test system should be free of contaminants at levels that would interfere with the study. bedding for animals should be changed as required by sound husbandry practice. use of pest control agents should be documented.7 test systems used in field studies should be located so as to avoid interference in the study from spray drift and from past usage of pesticides.6 test and reference items 6.1 receipt, handling, sampling and storage 1 records including test item and reference item characterisation, date of receipt, expiry date, quantities received and used in studies should be maintained.2 handling, sampling, and storage procedures should be identified in order that the homogeneity and stability are assured to the degree possible and contamination or mix-up are precluded.3 storage container(s) should carry identification information, expiry date, and specific storage instructions.6.2 characterisation 1 each test and reference item should be appropriately identified (e.g. code, chemical abstracts service registry number [cas number], name, biological parameters).2 for each study, the identity, including batch number, purity, composition, concentrations, or other characteristics to appropriately define each batch of the test or reference items should be known.3 in cases where the test item is supplied by the sponsor, there should be a mechanism, developed in co-operation between the sponsor and the test facility, to verify the identity of the test item subject to the study.4 the stability of test and reference items under storage and test conditions should be known for all studies.5 if the test item is administered or applied in a vehicle, the homogeneity, concentration and stability of the test item in that vehicle should be determined. for test items used in field studies (e.g. tank mixes) these may be determined through separate laboratory experiments.6 a sample for analytical purposes from each batch of test item should be retained for all studies except short-term studies.7 standard operating procedures 1 a test facility should have written standard operating procedures approved by test facility management that are intended to ensure the quality and integrity of the data generated by that test facility. revisions to standard operating procedures should be approved by test facility management.2 each separate test facility unit or area should have immediately available current standard operating procedures relevant to the activities being performed therein. published text, books, analytical methods, articles and manuals may be used as supplements to these standard operating procedures.3 deviations from standard operating procedures related to the study should be documented and should be acknowledged by the study director and the principal investigator(s), as applicable.4 standard operating procedures should be available for, but not be limited to, the following categories of test facility activities. the details given under each heading are to be considered as illustrative examples.a.test and reference items: receipt, identification, labelling, handling, sampling and storage.b.apparatus, materials and reagents1.apparatus: use, maintenance, cleaning and calibration,2.computerised systems: validation, operation, maintenance, security, change control and back-up.3.materials, reagents and solutions: preparation and labelling.c.record keeping, reporting, storage, and retrieval: coding of studies, data collection, preparation of reports, indexing systems, handling of data, including the use of computerised systems.d.test system (where appropriate):1.room preparation and environmental room conditions for the test system.2.procedures for receipt, transfer, proper placement, characterisation, identification and care of the test system.3.test system preparation, observations and examinations, before, during and at the conclusion of the study.4.handling of test system individuals found moribund or dead during the study.5.collection, identification and handling of specimens including necropsy and histopathology.6.siting and placement of test systems in test plots.e.quality assurance procedures: operation of quality assurance personnel in planning, scheduling, performing, documenting and reporting inspections.8 performance of the study 8.1 study plan 1 for each study, a written plan should exist prior to the initiation of the study. the study plan should be approved by dated signature of the study director and verified for glp compliance by quality assurance personnel as specified at point 2.2 letter b. the study plan should also be approved by the test facility management.2 study plan amendments and deviations should be treated as follows:a.amendments to the study plan should be justified and approved by dated signature of the study director and maintained with the study plan.b.deviations from the study plan should be described, explained, acknowledged and dated in a timely fashion by the study director and/or principal investigator(s) and maintained with the study raw data.3 for short-term studies, a general study plan accompanied by a study specific supplement may be used.8.2 content of the study plan the study plan should contain, but not be limited to the following information:a.identification of the study, the test item and reference item1.a descriptive title;2.a statement which reveals the nature and purpose of the study;3.identification of the test item by code or name (iupac; cas number, biological parameters, etc.);4.the reference item to be used.b.information concerning the sponsor and the test facility1.name and address of the sponsor;2.name and address of any test facilities and test sites involved;3.name and address of the study director;4.name and address of the principal investigator(s), and the phase(s) of the study delegated by the study director and under the responsibility of the principal investigator(s).c.dates1.the date of approval of the study plan by signature of the study director. the date of approval of the study plan by signature of the test facility management.2.the proposed experimental starting and completion dates.d.test methods: reference to the oecd test guideline or other test guideline or method to be used.e.issues (where applicable):1.justification for selection of the test system;2.characterisation of the test system, such as the species, strain, substrain, source of supply, number, body weight range, sex, age and other pertinent information;3.method of administration and the reason for its choice;4.dose levels and/or concentration(s), frequency, and duration of administration/application;5.detailed information on the experimental design, including a description of the chronological procedure of the study, all methods, materials and conditions, type and frequency of analysis, measurements, observations and examinations to be performed, and statistical methods to be used (if any).f.records: a list of records to be retained.8.3 conduct of the study 1 a unique identification should be given to each study. all items concerning this study should carry this identification. specimens from the study should be identified to confirm their origin. such identification should enable traceability, as appropriate for the specimen and study.2 the study should be conducted in accordance with the study plan.3 all data generated during the conduct of the study should be recorded directly, promptly, accurately, and legibly by the individual entering the data. these entries should be signed or initialled and dated.4 any change in the raw data should be made so as not to obscure the previous entry, should indicate the reason for change and should be dated and signed or initialled by the individual making the change.5data generated as a direct computer input should be identified at the time of data input by the individual(s) responsible for direct data entries. computerised system design should always provide for the retention of full audit trails to show all changes to the data without obscuring the original data. it should be possible to associate all changes to data with the persons having made those changes, for example, by use of timed and dated (electronic) signatures. reason for changes should be given.9 reporting of study results 9.1 general 1 a final report should be prepared for each study. in the case of short term studies, a standardised final report accompanied by a study specific extension may be prepared.2 reports of principal investigators or scientists involved in the study should be signed and dated by them.3 the final report should be signed and dated by the study director to indicate acceptance of responsibility for the validity of the data. the extent of compliance with these principles of good laboratory practice should be indicated.4 corrections and additions to a final report should be in the form of amendments. amendments should clearly specify the reason for the corrections or additions and should be signed and dated by the study director.5 reformatting of the final report to comply with the submission requirements of a national registration or regulatory authority does not constitute a correction, addition or amendment to the final report.9.2 content of the final report the final report should include, but not be limited to, the following information:a.identification of the study, the test item and reference item1.a descriptive title;2.identification of the test item by code or name (e.g., iupac, cas number, biological parameters, etc.);3.identification of the reference item by name;4.characterisation of the test item including purity, stability and homogeneity.b.information concerning the sponsor and the test facility1.name and address of the sponsor;2.name and address of any test facilities and test sites involved;3.name and address of the study director;4.name and address of the principal investigator(s) and the phase(s) of the study delegated, if applicable5.name and address of scientists having contributed reports to the final report; c.dates: experimental starting and completion dates.d.statement: a quality assurance statement listing the types of inspections made and their dates, including the phase(s) inspected, and the dates any inspection results were reported to management and to the study director and principal investigator(s), if applicable. this statement would also serve to confirm that the final report reflects the raw data.e.description of materials and test methods:1.description of methods and materials used;2.reference to oecd test guideline or other test guideline or method.f.results:1.a summary of results;2.all information and data required by the study plan;3.a presentation of the results, including calculations and determinations of statistical significance; 4.an evaluation and discussion of the results and, where appropriate, conclusions.g.storage: the location(s) where the study plan, samples of test and reference items, specimens, raw data and the final report are to be stored.10 storage and retention of records and materials 1 the following should be retained in the archives for at least ten years after study completion:a.the study plan, raw data, samples of test and reference items, specimens, and the final report of each study;b.records of all inspections performed by the quality assurance programme, as well as master schedules;c.records of qualifications, training, experience and job descriptions of personnel;d.records and reports of the maintenance and calibration of apparatus;e.validation documentation for computerised systems;f.the historical file of all standard operating procedures;g.environmental monitoring records.2 in the absence of a required retention period, the final disposal of any study materials should be documented. when samples of test and reference items and specimens are disposed of before the expiry of the required retention period for any reason, this should be justified and documented. samples of test and reference items and specimens should be retained only as long as the quality of the preparation permits evaluation.3 material retained in the archives should be indexed so as to facilitate orderly storage and retrieval.4 only personnel authorised by management should have access to the archives. movement of material in and out of the archives should be properly recorded.5 if a test facility or an archive contracting facility goes out of business and has no legal successor, the archive should be transferred to the archives of the sponsor(s) of the study(s).