Government and Administration Organisation Act

(GAOA)

of 21 March 1997 (Status as of 1 May 2025)

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:

Title 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 activitiesOpen annotations

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. 7a Conclusion and amendment of or withdrawal from internationaltreatiesby the Federal Council

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.⁴ 1bis. It may withdraw from an international treaty at its own behest in as far as the Federal Constitution provides for withdrawal.⁵
2. 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.⁶
3. International treaties or amendments of limited scope are those that:⁷
   1. do not create new obligations for Switzerland and do not constitute a waiver of existing rights;
   2. 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;
   3. primarily concern the authorities and involve technical administrative issues.⁸
4. International treaties or amendments of limited scope do not include those that:⁹
   1. meet any of the requirements for an optional referendum on an international treaty under Article 141 paragraph 1 letter d of the Federal Constitution;
   2. contain provisions on matters the regulation of which falls solely under cantonal jurisdiction;
   3. cause non-recurring expenditure exceeding five million francs or recurring expenditure of more than two million francs per year.¹⁰

Art. 7b 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.¹¹ 1bis. It shall refrain from applying the treaty provisionally if the competent committees of both Councils are against doing so.¹²
2. 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.

Art. 7bbis 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.

Art. 7c 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:
   1. if the bill mentioned in paragraph 3 is rejected by the Federal Assembly; or
   2. at the latest with introduction of the legal basis provided for in paragraph 3.

Art. 7d 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, or 2. 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; or c. 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.

Art. 7e 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:
   1. if required to protect the country’s interests; or
   2. 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.

Art. 8 Organisation and management of the Federal AdministrationOpen annotations

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.¹³
2. 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, and 3. are delegated federal administrative duties; b. the ETH Domain.¹⁴

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. 10a Federal Council spokesperson

1. The Federal Council appoints a leading member of the Federal Chancellery as Federal Council spokesperson.
2. The Federal Council spokesperson:
   1. provides information on behalf of the Federal Council to the general public;
   2. advises the Federal Council and its members on information and communication issues;
   3. coordinates the information activities of the Federal Council, the departments and the Federal Chancellery.

Art. 11 Communication with the general publicOpen annotations

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. 12a 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.

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.¹⁵

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 procedureOpen annotations

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.¹⁶
3. 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.

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 1968¹⁷on Administrative Procedure apply.

Art. 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. 22 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.

Art. 23 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.

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:
   1. ensures that the Federal Council accomplishes its tasks in a timely, appropriate and coordinated manner;
   2. ¹⁸ coordinates matters of major importance in which two or more departments are involved or which are of major importance for the country;
   3. ¹⁹ prepares discussions for the Federal Council and the agenda of matters to be discussed and seeks conciliation on controversial issues;
   4. ²⁰ may instruct a member of the Federal Council to submit a specific item of business to the Federal Council at a given time;
   5. ensures that the Federal Council organises and carries out its supervision of the Federal Administration in an appropriate manner;
   6. may at any time order investigations into specific matters and suggest appropriate measures to the Federal Council where necessary.

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. 29a 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.

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:
   1. supports the President of the Confederation and the Federal Council in the fulfilment of their tasks;
   2. 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:

1. advises and supports the Federal President and the Federal Council in planning and coordination at government level;
2. creates and supervises work plans and business rosters for the Federal President;
3. ²¹ 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;
4. ²² 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;
5. ²³ ensures that a long-term and continual analysis is made of the situation and environment and provides the Federal Council with regular reports thereon;
6. prepares the Federal Council’s reports to the Federal Assembly on the key aspects of government policy and the management of the Federal Council;
7. advises the Federal President and the Federal Council in terms of the overall management of the Federal Administration and assumes supervisory roles;
8. supports the Federal Council in its dealings with the Federal Assembly;
9. ²⁴ advises and supports the Federal Council in its efforts to recognise and respond to crises in good time.

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.²⁵
2. 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.²⁶

Art. 33a Right to information

The Federal Chancellor may request information from the departments in order to fulfil his or her tasks.

Art. 34 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.

Title 3 The Federal Administration

Chapter 1 Direction and Principles of Direction

Art. 35 DirectionOpen annotations

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 responsibilityOpen annotations

1. The head of department bears political responsibility for running a department.
2. The head of department:
   1. sets the guidelines for running the department;
   2. delegates where necessary the immediate fulfilment of the department’s tasks to administrative units and employees under its authority;
   3. determines the organisation of the department within the terms of this act.

Art. 38 Leadership instrumentsOpen annotations

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. 38a Service agreements

1. The departments shall manage the following with annual service agreements:
   1. the administrative units of the central federal administration;
   2. 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. and⁵…²⁷

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 functionsOpen annotations

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. 44

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 Secretaries

Art. 45a 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 office 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.

Art. 46 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.

Chapter 3 Fees

Art. 46aOpen annotations

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:
   1. the procedure for charging fees;
   2. the level of the fees;
   3. the question of liability when two or more people are required to pay fees;
   4. 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 DecisionsOpen annotations

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 2005²⁸is reserved.²⁹

Art. 48 LawmakingOpen annotations

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. 48a 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.

Art. 49 Authorisation to sign

1. The heads of department may authorise the following persons to sign particular items of business in their name:
   1. secretaries-general or the persons representing them;
   2. members of senior management in the groups and offices;
   3. 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.³⁰
3. 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.³¹
4. The opening of bank or postal accounts in Switzerland requires an additional signature from the Federal Finance Administration.³²
5. The Federal Council may permit exceptions to the requirement for two signatures in special cases.³³

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 Coordination

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.³⁴

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.³⁵
2. The Information Conference deals with current information problems in the departments and Federal Council; it coordinates and plans information.³⁶
3. The Federal Council Spokesperson holds the chair.³⁷

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 Commissions

Section 1 External Advice

Art. 57 …

1. The Federal Council and departments may consult organisations and persons which are not part of the Federal Administration.
2. …³⁸

Section 2 Extra-Parliamentary Commissions

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:

1. require specialist knowledge that is not available in the Federal Administration;
2. require the cantons or additional interested circles to be involved at an early stage; or
3. 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. 57g Remuneration

1. The Federal Council sets out uniform criteria for the remuneration of committee members.
2. The amount of remuneration is made public.

Chapter 4 Processing Personal Data and Legal Entities’ data

Section 1 Records and Process Management Systems

Art. 57h Operating records and process management systems

1. The Federal Administration’s units and the Parliamentary Services shall operate electronic records and process management systems for their business processes and to manage documents, including correspondence.
2. Insofar as required within the business processes, they may grant federal authorities and bodies outside the Federal Administration access to their own records and process management systems.

Art. 57hbis Processing personal data and legal entities’ data

1. Personal data, including sensitive personal data in terms of the Data Protection Act of 25 September 2020³⁹(FADP), and legal entities’ data, including sensitive data in terms of Article 57r paragraph 2 of this Act, may be processed in records and process management systems, provided they serve:
   1. to process items of business;
   2. to organise operational processes;
   3. to determine whether data on a specific person are being processed;
   4. to facilitate access to documentation.
2. Other federal authorities and bodies outside the Federal Administration may be granted access to personal data, including sensitive personal data in terms of the FADP, and to legal entities’ data, including sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act, provided disclosure is permitted by law.
3. Records and process management systems may contain sensitive personal data in terms of the FADP and sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act, provided the data results from the correspondence or from the nature of the business or the document.
4. Access to sensitive personal data in terms of the FADP and to sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act may only be granted to persons who require access in order to fulfil their task.

Art. 57hter Implementing provisions

The Federal Council shall issue implementing provisions, in particular on the organisation and operation of the records and process management systems and on the protection of personal data and legal entities’ data.

Section 2 Processing Personal Data and Legal Entities’ Data when Using Electronic Infrastructure

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 and legal entities’ data linked to the use of electronic infrastructure.

Art. 57j PrinciplesOpen annotations

1. Under the FADP⁴⁰, federal bodies may not record and evaluate personal data and legal entities’ data linked to the use of their electronic infrastructure or to any electronic infrastructure operated by them unless this is necessary for one or more of the purposes set out in Articles 57l– 57o of this Act.
2. Data processing as described in this Section may also involve personal data in terms of the FADP and sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act.

Art. 57k Electronic infrastructure

Electronic infrastructure includes all stationary or mobile installations and devices capable of recording personal data and legal entities’ data; it includes in particular:⁴¹

1. data processing systems, network components and software;
2. data storage units;
3. telephones;
4. printers, scanners, fax and photocopying machines;
5. timekeeping systems;
6. access and video surveillance systems;
7. geopositioning systems.

Art. 57l Recording personal data and legal entities’ data

The federal bodies may record personal data and legal entities’ data associated with the use of electronic infrastructure for the following purposes:⁴²

1. all data, including of the content of electronic correspondence: for back-up purposes;
2. 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,

4.⁴³ to trace access to the electronic infrastructure,

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:

1. to monitor the use of electronic infrastructure;
2. to monitor staff working hours.

Art. 57o Data evaluation relating to named personsOpen annotations

1. Evaluation of recorded data which relates to named persons is permitted for the following purposes:
   1. to investigate specific suspicion regarding abuse of electronic infrastructure and to take action against proven abuse;
   2. to analyse and eliminate disruptions to electronic infrastructure and protect against clear threats to this infrastructure;
   3. to provide required services;
   4. to determine and invoice services rendered;
   5. to monitor individual working hours.
2. Evaluation according to paragraph 1 letter a may only be carried out:
   1. by federal bodies;
   2. 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 provisionsOpen annotations

1. The Federal Council regulates in particular:
   1. the recording, safeguarding and destruction of data;
   2. the data processing procedure;
   3. access to data;
   4. 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.

Section 3 Processing Legal Entities’ Data

Art. 57r Processing legal entities’ dataOpen annotations

1. Federal bodies may process legal entities’ data, including sensitive data, provided this is required to fulfil their tasks as defined in a formal act of parliament.
2. Sensitive legal entities’ data are:
   1. data relating to administrative and criminal prosecutions and sanctions;
   2. data on professional, business and manufacturing secrets.

Art. 57s Disclosing legal entities’ dataOpen annotations

1. Federal bodies may disclose legal entities’ data if this is permitted by law.
2. They may only disclose sensitive legal entities’ data if a formal act of parliament so provides.
3. They may disclose legal entities’ data in an individual case in derogation from paragraphs 1 and 2 if any one of the following requirements is met:
   1. The disclosure of data is essential for the federal body or for the recipient in order to fulfil a statutory task.
   2. The legal entity concerned has consented to disclosure.
   3. The recipient credibly demonstrates that the legal entity concerned refuses consent or objects to disclosure in order to prevent the recipient from enforcing legal claims or from safeguarding other legitimate interests; the legal entity concerned shall be given the opportunity to state its position in advance, unless this is impossible or requires disproportionate effort.
4. They may also disclose legal entities’ data when providing the public with official information or in accordance with the Freedom of Information Act of 17 December 2004⁴⁴, provided:
   1. the data are connected with the fulfilment of public tasks; and
   2. there is an overriding public interest in disclosure.
5. They may make legal entities’ data generally accessible using automated information and communications services if the publication of such data is permitted by law or if they disclose the data on the basis of paragraph 4. If there is no longer a public interest in making the data generally accessible, the data concerned shall be deleted from the automated information and communications service.
6. The federal bodies shall refuse to permit, or shall restrict or impose conditions on disclosure if:
   1. essential public interests or the clearly legitimate interests of the legal entity concerned so require; or
   2. statutory confidentiality duties or specific regulations on the protection of legal entities’ data so require.

Art. 57t Rights of the legal entitiesOpen annotations

The applicable procedural law regulates the rights of the legal entities concerned.

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.⁴⁵

Art. 61 Personal incompatibility

1. The following may not be members of the Federal Council at the same time:
   1. two persons married to each other or who live in a registered partnership or as cohabitees;
   2. relatives and in-laws related in direct line or collaterally up to the fourth degree;
   3. 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.

Art. 61a

Chapter 2 Approval of Cantonal Enactments

Art. 61b

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.

Chapter 3 Information on Agreements between the Cantons or between a Canton and an Institution Abroad

Art. 61c 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:
   1. serve to implement agreements about which the Confederation is informed;
   2. principally concern the authorities or regulate administrative issues.

Art. 62 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.

Chapter 4 Concentrated Decision-Making Process

Art. 62a HearingOpen annotations

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 differencesOpen annotations

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 5 Tax Exemption and Protection of Federal Property

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 6 Domiciliary Rights

Art. 62fOpen annotations

The Confederation exercises domiciliary rights in its buildings.

Chapter 7 Final Provisions

Art. 63 Repeal of the Administration Organisation Act

The Federal Act of 19 September 1978⁴⁶on the Organisation and Management of the Federal Council and the Federal Administration is repealed.

Art. 64

Art. 65

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 1997⁴⁷

Amendments to other Federal Acts

.⁴⁸

Footnotes

1. SR 101 ↩

2. 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 1 ↩

4. 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 34715315). ↩

5. 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 34715315). ↩

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 34715315). ↩

7. 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 34715315). ↩

8. 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). ↩

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 34715315). ↩

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 34715315). ↩

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). ↩

13. 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). ↩

14. 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 33773413). ↩

15. 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). ↩

16. 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). ↩

17. SR 172.021 ↩

18. 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). ↩

19. 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). ↩

20. 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). ↩

21. 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). ↩

22. 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). ↩

23. 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). ↩

24. 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). ↩

25. 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). ↩

26. Inserted by Annex No 3 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 48095979). ↩

27. Repealed by No I 1 of the FA of 27 Sept. 2024 on Measures for Financial and Administrative Relief from 2025, with effect from 1 May 2025 (AS 2025 196;BBl 2024 558). ↩

28. SR 173.32 ↩

29. Amended by Annex No 9 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 21971069;BBl 2001 4202). ↩

30. 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). ↩

31. 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). ↩

32. 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). ↩

33. 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). ↩

34. Inserted by Annex No 3 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 48095979). ↩

35. 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). ↩

36. Amended by No I of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 48095979). ↩

37. 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). ↩

38. 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). ↩

39. SR 235.1 ↩

40. SR 235.1 ↩

41. Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩

42. Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩

43. Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩

44. SR 152.3 ↩

45. 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). ↩

46. [AS 1979 114; 1983 170,931Art. 59 No 2; 1985 699; 1987 226No II 2,808; 1989 2116; 1990 3Art. 1,1530No II 1,1587Art. 1; 1991 362No I; 1992 2Art. 1,288Annex No 2,510,581Annex No 2; 1993 1770; 1995 978,4093Annex No 2,4362Art. 1,5050Annex No 1; 1996 546Annex No 1,1486,1498Annex No 1] ↩

47. FCD 3 Sept. 1997. ↩

48. The amendments may be consulted underAS 1997 2022. ↩