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RS 611.0 Confederation Finance Act, October 7, 2005 (Finance Act, CFL)

Original Language Title: RS 611.0 Loi du 7 octobre 2005 sur les finances de la Confédération (Loi sur les finances, LFC)

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611.0

Confederation Finances Act

(Finance Act, CFL)

7 October 2005 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 126 and 173, para. 2 of the Constitution (Cst.) 1 , given the message of the Federal Council of 24 November 2004 2 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose and Goals

1 This Law regulates the State Account, the management of the finances of the Confederation, the financial management of the administration and the establishment of accounts.

2 It should allow:

A.
To the Federal Assembly and the Federal Council:
1.
To exercise their constitutional powers in financial matters effectively,
2. 1
Have the tools and decision-making bases necessary for the management of federal finances based on objectives and results;
B.
Promote management in accordance with the principles of enterprise economy and the efficient and effective use of public funds.

1 New content according to the c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. 2 Scope of application

This Act applies to:

A.
The Federal Assembly and Parliamentary Services;
B.
Federal courts as well as boards of appeal and arbitration;
B Bis . 1
The Public Ministry of Confederation and the Supervisory Authority of the Public Prosecutor's Office;
C.
The Federal Council;
D.
Departments, general secretariats and the Federal Chancellery;
E.
Clusters and offices;
F.
Units of the decentralized federal administration that do not have proper accounting.

1 Introduced by c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. 3 Definitions

1 The Expenses Are payments to third parties that:

A.
Reduce capital (current expenses);
B.
Are used to create assets that are directly assigned to administrative purposes (capital expenditures).

2 The Recipes Are third party payments that:

A.
Increase capital (current revenues);
B.
Are made in exchange for the sale of elements of the administrative heritage (investment income).

3 Are considered to be Charges Total decreases in value over a period of time.

4 Are considered to be Income Total increases in value over a period of time.

5 The Administrative heritage Includes assets that are directly assigned to performing public tasks.

6 The Financial assets Includes all other assets.

7 The benefits of an administrative unit which enable the attainment of similar objectives shall be collected in Benefit groups . 1


1 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Chapter 2 State Account

Art. 4 Jurisdiction

The Federal Council submits the State Account annually to the Federal Assembly for approval.

Art. 5 Content

The state account of the Confederation includes:

A.
The accounts of Confederation, which include:
1.
The financial commentary,
2.
The annual accounts of the Confederation,
3.
The accounts of the institutions and administrative units referred to in Art. 2;
B.
The annual accounts of the units of the decentralised federal administration and of the funds of the Confederation which maintain proper accounting subject to the approval of the Federal Assembly (special accounts).
Art. 6 1 Annual accounts of the Confederation

The annual accounts of the Confederation include:

A.
The funding account;
B.
The results account;
C.
The investment account;
D.
The cash flow account;
E.
The balance sheet;
F.
The state of own capital;
G.
The Annex.

1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 7 1 Funding Account

1 The funding account presents the balance of funding on the basis of expenditures and revenues.

2 It shows the regular balance and the extraordinary balance.


1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 8 Results Account

1 The profit and loss account shall show the expenses and revenues of an accounting period; it shall show the operating result, the financial result and the result of the major holdings. 1

2 Expenses and revenues are categorized.


1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 8 A 1 Investment Account

1 The investment account presents expenditure and investment income.

2 It shows the regular balance and the extraordinary balance.


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 8 B 1 Fund Flow Account

1 The cash flow account shows the change in cash and short-term investments.

2 It indicates flows of funds from operational activities, investment activities and fundraising activities.


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. Balance Sheet

1 The balance sheet includes assets as well as liabilities and equity (liability).

2 Assets include financial and administrative assets.

3 Commitments include short-and long-term third-party capital as well as earmarked funds.

Art. A 1 Equity of own capital

1 The statement of own capital presents the consequences of the financial transactions recorded on the different components of equity.

2 Expenses and revenues recorded directly to the credit or to the flow of own capital are presented separately.


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 10 Annex

The Annex to the annual accounts includes the following data:

A.
The rules governing the establishment of accounts and the substantiation of variances;
B.
The principles of the establishment of accounts, including the principles of stocktaking and evaluation;
C.
The summary of the most important features of the other elements of the annual accounts;
D.
Additional indications to assess the state of wealth and income, commitments and financial risks;
E. 1
...
F.
Methods and rates of depreciable property;
G. 2
...

1 Repealed by c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), with effect from 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).
2 Repealed by c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), with effect from 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 11 Accounts of institutions and administrative units

1 The accounts of the institutions and the administrative units (Art. 5, paragraph a, c. 3) serve as the basis for:

A.
The approval of appropriations and the estimation of revenues and revenues;
B.
Reporting on the use of funds.

2 The accounts of an institution or an administrative unit shall include:

A.
The results account;
B.
The investment account;
C. 1
The benefit group report.

3 The results account includes:

A.
Expense items;
B.
Income items.

4 The investment account includes:

A.
Expenditure on material investment, loans, investments and contributions to investments;
B.
Revenues from the sale of capital equipment and the reimbursement of capital expenditures.

5 The report on benefit groups includes:

A.
Objectives, parameters and contextual information;
B.
Expense items and income items;
C.
Investment expenditure and investment income. 2

6 In particular, it states:

A.
The number of full-time equivalent employees;
B.
Charges for IT goods and services;
C.
Expenses related to external advice. 3

1 Introduced by c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
2 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
3 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Chapter 3 Management of Confederation Finances

Section 1 Principles

Art. 12

1 Both the Federal Assembly and the Federal Council balance expenditure and revenue; they are based on art. 126 of the Constitution (brake on debt).

2 The Federal Assembly and the Federal Council manage the finances of the Confederation, taking into account the funding aspect as well as the outcome.

3 The Federal Assembly and the Federal Council give as much as possible their legislative decisions with their financial decisions.

4 The Federal Council and the Administration manage the finances of the Confederation according to the principles of legality, urgency and employment of the funds. They ensure efficient and economical use of funds.

Section 2 Debt to Debt

Art. 13 Total Expenditure Limit

1 The ceiling for total expenditures to be approved in the budget under s. 126, para. 2, of the Constitution corresponds to the proceeds of the estimated revenue and the economic factor.

2 The estimate of revenues does not account for extraordinary revenues. These include, among other things, extraordinary revenues from investments, patents or concessions.

3 The economic factor corresponds to the quotient of the trend value of the real gross domestic product, as determined by a smoothing of the gross domestic product over the long term, and the likely value of the real gross domestic product, for the year Budget.

Art. 14 Respect for the ceiling

When considering any project with financial implications, the Federal Council and the Federal Assembly shall take into account the ceiling of total expenditure.

Art. 15 Raising the ceiling

1 When the budget or supplements are adopted, the Federal Assembly may raise the ceiling under s. 126, para. 2, of the Constitution if:

A.
Extraordinary events beyond the control of the Confederation;
B.
Adjustments to the accounting model must be made;
C.
Levels of payments related to the accounting system require it.

2 However, an increase is permitted only if the additional financial requirements amount to at least 0.5 % of the total expenditure ceiling.

Art. 16 Clearing Account

1 After the adoption of the State account, the ceiling for the previous year's total expenditure shall be adjusted according to actual ordinary income. 1

2 If the total expenditure on the State account is greater than or less than the fixed expenditure ceiling, the difference will be debited from a clearing account held outside the State account or credited to the account in question.


1 New content according to the c. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Art. 17 Offset Account Discovery

1 Any overdraft of the clearing account shall be compensated for over several years, subject to a lowering of the ceiling to be fixed in accordance with Art. 13 or 15.

2 If the overdraft exceeds 6 % of the total expenditures made during the previous fiscal year, the overrun is eliminated during the following three fiscal years.

Art. 17 A 1 Depreciation account

1 The extraordinary income and expenditure shown in the State account shall be recorded as an increase or charge in a depreciation account held outside the State account.

2 Not included in the Depreciation Account:

A.
Extraordinary revenues assigned under a statute;
B.
Extraordinary expenses that are covered by revenue within the meaning of the let. A.

1 Introduced by ch. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Art. 17 B 1 Discovered Depreciation Account

1 When the depreciation account ends with an overdraft, it shall be compensated for in the following six years, subject to a lowering of the ceiling to be fixed in accordance with Art. 13 or 15.

2 If the discovery of the depreciation account increases by more than 0.5 % of the total expenditure limit within the meaning of s. 126, para. 2, of the Constitution, the period laid down in para. 1 starts to run again.

3 In special cases, the Federal Assembly may extend the time limits under paras. 1 and 2.

4 The obligation to balance the depreciation account is deferred until an overdraft of the clearing account remains within the meaning of s. 17.

5 The Federal Assembly fixes the amount of the reduction in the ceiling each year when the budget is adopted.


1 Introduced by ch. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Art. 17 C 1 Economies as a preventive measure

1 In order to compensate for the foreseeable discovery of the depreciation account, the Federal Assembly may lower the ceiling to be fixed in accordance with Art. 13 or 15 when the budget is adopted.

2 The reduction of the ceiling is possible provided that the clearing account within the meaning of s. 16 is at least balanced.


1 Introduced by ch. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Art. 17 D 1 Increases to Depreciation Account

Lowering the ceiling within the meaning of s. 17 B , para. 1, or 17 C Is enhanced to the depreciation account provided that the bonus does not strike the clearing account.


1 Introduced by ch. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Art. 18 Savings Measures

1 The Federal Council is in the process of lowering the ceiling for art. 17, 17 B , para. 1, or 17 C : 1

A.
By adopting additional savings in its area of competence;
B.
By proposing to the Federal Assembly the legal amendments required by the additional savings, taking into account the right of participation of the cantons.

2 In establishing and implementing the budget, the Federal Council has every opportunity to make savings. To this end, it can block the already approved budgetary appropriations and commitment appropriations. The rights conferred by law and benefits guaranteed in particular cases are reserved by a binding decision.

3 When the clearing account exceeds the rate set out in s. 17, para. 2, the Federal Assembly decides during the same session on the proposals of the Federal Council referred to in para. 1, let. B, declare urgent the texts it has voted for and bring them into force immediately (Art. 165 Cst.); the Federal Assembly cannot derogate from the amount of savings provided by the Federal Council.


1 New content according to the c. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Section 3 Financial Planning and Expenditure Limit

Art. 19 Financial Planning

1 The Federal Council shall establish multi-annual financial planning, comprising the three years following the budget year. It indicates: 1

A.
Financial requirements for the period in question;
B.
Means of covering the alleged financial needs;
C.
Alleged expenses and revenues;
D. 2
Benefit groups and the related benefit and effectiveness objectives.

2 When the Federal Council asks the Federal Assembly for new appropriations to finance objects not provided for in the financial planning, it shall at the same time indicate how it intends to finance this new burden.

3 The Federal Council works to coordinate the financial planning of the Confederation with that of the cantons.

4 The content and structure of financial planning are governed by s. 143, para. 2, and 146, para. 4, of the Act of 13 December 2002 on Parliament 3 . 4


1 New content according to the c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
2 Introduced by c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
3 RS 171.10
4 New content according to the c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. Limit for expenses

1 The expenditure ceiling is the maximum amount of budgetary appropriations that the Federal Assembly allocates to certain tasks for a multi-year period. 1

2 Spending ceilings can be set in particular when appropriations are allocated and paid in the same year, there is a margin of appreciation and it is appropriate to manage charges and long-term investments.

3 The spending limit is not worth spending authority.


1 New content according to the c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Section 4 Commitment appropriations

Art. Definition and scope

1 A commitment appropriation is in principle required when it is planned to incur financial commitments going beyond the budget year.

2 The commitment appropriation sets the amount up to which the Federal Council may enter into financial commitments for a specified purpose.

3 The duration of a commitment credit is limited only if the credit order provides for it.

4 Commitment appropriations are required, in particular for:

A.
Construction projects and purchase of buildings;
B.
The leasing of long-term buildings with considerable financial implications;
C.
Development and acquisition programs;
D.
The granting of grants that will be paid only in subsequent years;
E.
The granting of bonds or other guarantees.

5 Financial requirements arising from commitments must be entered in the budget as an investment expense or expense.

Art. Evaluation

1 Commitment appropriations are assessed on the basis of carefully established accounts and in the rules.

2 The Federal Council responds to the assessment of its financial needs. The administrative unit responsible for preparing the credit application must indicate in this application the basis of calculation used and the causes of uncertainty; it provides, if necessary, for a reasonable reservation which must be clearly stated in the application.

3 The unit concerned asks for study credits as required to determine the extent and financial consequences of major projects.

Art. Authorization

1 The Federal Assembly regulates, by way of order, the cases in which requests for commitment appropriations are submitted by a special message.

2 The Federal Council may submit a special message to the Federal Assembly for credit applications with a broad political scope.

3 For the rest, the commitment appropriations are opened by the orders on the budget and its supplements.

Art. 24 Distribution

Where a commitment appropriation is allocated to a defined purpose in general or to several projects, the Federal Council shall determine the distribution of the credit if it does not fall within the scope of the appropriation as it has been opened.

Art. 25 Control

The administrative unit shall keep a check on each appropriation indicating the commitments entered into and the commitments to be made in order to complete the project.

Art. 26 Discount

1 The Federal Council shall indicate the statement of commitment appropriations in the presentation of the State account.

2 Unused commitment appropriations are lapsed as soon as the project is completed.

Art. 27 Additional appropriations

1 The Federal Council requests an additional credit without delay if it proves to be before the execution of a project or during the course of the project that the commitment credit is insufficient.

2 In the event of higher or higher exchange rate costs, the Federal Council may request additional credit after the project has been carried out.

3 Payments shall not in any way exceed the original commitment appropriation.

Art. 28 1 Urgency

1 If a project is to be implemented without delay, the Federal Council may authorize its construction or prosecution before the necessary commitment credit is opened. It requires the prior approval of the Delegation of Finance of the Federal Chambers (Delegation of Finance).

2 The Federal Council shall submit to the subsequent approval of the Federal Assembly the urgent commitments it has decided.

3 If the urgent commitment is more than 500 million francs and, for subsequent approval, the convening of the Federal Assembly in extraordinary session shall be requested within one week of the approval of the Delegation of Finance, this session shall take place during the third week following the filing of the request for a meeting.


1 New content according to the c. I 3 of the LF of 17 Dec. 2010 on the safeguarding of democracy, the rule of law and the capacity for action in extraordinary situations, in force since 1 Er May 2011 ( RO 2011 1381 ; FF 2010 1431 2565).

Section 5 Budget and supplements

Art. Jurisdiction

1 The Federal Assembly adopts the annual budget on the basis of the draft submitted to it by the Federal Council before the end of August.

2 The Federal Assembly may fix for each benefit group:

A.
Targets, parameters and target values;
B.
A financial framework. 1

3 The financial framework covers:

A.
Expenses and revenues;
B.
Capital expenditures and revenues. 2

1 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
2 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. Content

1 The budget is based on the content and structure of the State Account but does not account for the flow of funds, balance sheet and the state of own capital. 1

2 It includes:

A.
Authorized investment expenses and expenses (budgetary appropriations);
B.
Estimated investment income and revenues;
C.
Total allowable expenditures and estimated total revenues.

3 The amounts mentioned in para. 2, let. A and b are broken down according to:

A.
Administrative units;
B.
The intended use and origin of the funds. 2

4 In the Budget Message, the Federal Council provides an overview of the various budgetary positions that it has introduced, deleted, separated or merged since the previous year.


1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).
2 New content according to the c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. A 1 Budget Envelopes

1 Administrative units are managed by budget envelopes in their own area.

2 The budget envelopes shall in principle include:

A.
Operating expenses and investment expenses;
B.
Operating income and investment income.

3 Administrative units with significant investments establish separate budget envelopes for capital expenditures and revenues.

4 An administrative unit may exceed the amount of the expenses and investment expenditure provided for in the budget envelopes if it meets one of the following conditions:

A.
It is in a position, in the course of the financial year, to cover the expenses and additional investment expenditure by non-budgeted income derived from the benefits provided by it;
B.
It uses the reserves established by s. 32 A .

5 Non-budgetary appropriations may be approved to finance important projects or measures.


1 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. Principles

1 The establishment and implementation of the budget shall be governed by the principles of gross proceeds, universality, annuality and speciality.

2 For the rest, the principles set out in s. 47 shall apply mutatis mutandis.

Art. 32 Evaluation of appropriations

1 The appropriations are evaluated according to a rigorous calculation of foreseeable needs.

2 Where the legal basis for a charge or a foreseeable investment expenditure is lacking at the time of the establishment of the budget, the appropriation is open; subject to the entry into force of the required legal provision, it shall remain blocked in The interval.

3 Where a measure extends over a period of several years, the total deemed charge or investment is indicated in the statement of reasons for the credit claimed.

Art. 32 A 1 Reservations

1 Administrative units may be reserves:

A.
When, due to project delays, their budget envelopes or out-of-envelope credits under s. 30 A , para. 5, have not been used or have not been fully utilized;
B.
When they essentially achieve the benefit objectives and:
1.
That they realize additional net income from non-budgeted supplementary benefits, or
2.
They record lower than budgeted expenses or investment expenses by optimizing the provision of benefits.

2 The Federal Assembly decides on the constitution of reserves with the State Account.


1 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. 33 Regular supplements

1 An additional appropriation is requested for a charge or an investment expenditure for which the budget appropriation is missing or is not sufficient.

2 The Federal Council periodically submits requests for additional appropriations to the Federal Assembly.

3 Should not be subject to an additional credit application:

A.
The shares of third parties not budgeted for revenue;
B. 1
Contributions to funds from assigned revenue;
C. 2
Amortisation, revaluations and non-budgeted provisions.

1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).
2 New content according to the c. I of the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).

Art. 34 1 Urgent supplements

1 The Federal Council may adopt a charge or an investment expenditure before the opening of the additional appropriation by the Federal Assembly where such expenditure or expenditure cannot be deferred and the appropriation is lacking or is not sufficient. It requires, in advance, the concurrence of the Delegation of Finance.

2 It shall submit to the subsequent approval of the Federal Assembly the urgent investment expenses and expenses which it has decided, with the concurrence of the Delegation of Finance, with the next supplement to the budget; where this is no longer possible, it shall Submit them as a credit overrun with the State account.

3 It may submit to the subsequent approval of the Federal Assembly urgent investment expenses or expenses which have not been previously approved by the Delegation of Finance when the following conditions are met:

A.
A credit overrun is required;
B.
The amount does not exceed 5 million francs by charge or investment expenditure.

4 If the charge or investment expenditure is greater than 500 million francs and, for subsequent approval, the convening of the Federal Assembly in extraordinary session shall be requested within one week after With the concurrence of the Delegation of Finance, this session shall take place during the third week following the filing of the request for a meeting.


1 New content according to the c. I 3 of the LF of 17 Dec. 2010 on the safeguarding of democracy, the rule of law and the capacity for action in extraordinary situations, in force since 1 Er May 2011 ( RO 2011 1381 ; FF 2010 1431 2565).

Art. 35 1 Appropriations Overflow

The Federal Assembly approves, after the fact, with the State Account:

A.
Exceeding budget envelopes under s. 30 A , para. 4;
B.
The following charges, provided that they have not been budgeted:
1.
Accrual liabilities,
2.
Charges due to differences in foreign exchange rates or to a reduction in the circulation of money,
3.
Contributions to social insurance if they are linked by law to the evolution of value added tax revenue,
4.
Contributions to the railway infrastructure fund derived from the general budget of the Confederation;
C.
Urgent supplements which cannot be submitted with the next supplement to the budget (Art. 34, para. 2).

1 New content according to the c. III of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 36 Credits Reports

1 When the implementation of investment projects, measures or projects has been delayed, the Federal Council may postpone to the following year budgetary appropriations and additional appropriations opened by the Federal Assembly which have not been Fully used.

2 The Federal Council shall draw up a report on the carry-over of appropriations to the Federal Assembly in messages on additional appropriations or, where this is not possible, in the State account.

Art. Limitation of Additional Credits

Supplements to the budget should not, to the extent possible, exceed the total amount of credits that are not likely to be used.

Section 6 3 Block and Release of Appropriations

Art. A Credit Block

The Federal Assembly may, by decree on the budget, partially block:

A.
Commitment appropriations;
B.
Spending limits;
C.
Budgetary appropriations resulting in expenditure.
Art. B Release of credits

1 The Federal Council is hereby authorised to waive or partially, in the following cases, the blocking of appropriations decided by the Federal Assembly:

A.
A severe recession;
B.
Payments must be made because of a legal obligation or a formal promise.

2 The release of credits for severe recession is subject to approval by the Federal Assembly. The Federal Council shall draw up a report on the other releases in the messages on supplementary appropriations or in the State account.

Chapter 4 Financial Administration of Administration 4

Art. 38 Principles governing the holding of accounts

The accounts shall be kept in accordance with the principles of universality, veracity, punctuality and traceability.

Art. 39 Internal Control

1 The Federal Council takes action to:

A.
Protect the fortunes of the Confederation;
B.
Ensure the proper use of funds in accordance with the principles set out in s. 12, para. 4;
C.
To prevent or detect errors and irregularities in the maintenance of accounts;
D.
Ensure proper account maintenance and reliability of reports.

2 It takes into account the risks involved and the cost-benefit ratio.

Art. 40 Cost Transparency

1 The administrative units shall maintain an analytical accounting adapted to their needs.

2 Analytical accounting facilitates the management of administrative units; it provides data for the preparation and evaluation of the budget and the presentation of accounts. It ensures the transparency of the costs necessary for effective administration.

3 It is governed by the standards laid down in the implementing regulations.

4 Payments between administrative units of the Confederation are permitted insofar as they are necessary to determine charges and revenues or to carry out tasks effectively.

Art. Commercial benefits; principle 1

Administrative units may provide commercial benefits to third parties only if authorized by law.


1 New content according to the c. I of the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).

Art. A 1 Trade Benefits; Authorizations

1 The following administrative units may provide commercial benefits to third parties under this Act:

A.
Confederation Travel Central;
B.
The Computer Service Centre of the Federal Department of Justice and Police;
C.
The Federal Office for Construction and Logistics;
D.
The Federal Office of Informatics and Telecommunications.

2 An authorized administrative unit may provide commercial benefits if the following conditions are met:

A.
They are closely linked to the main tasks of the administrative unit;
B.
They do not hinder the carrying out of the main tasks of the administrative unit;
C.
They do not require significant additional material and human resources.

3 Commercial benefits are provided at prices which at least cover the costs calculated on the basis of cost accounting. The competent department may authorise derogations for certain benefits provided that they do not compete with the private sector.


1 Introduced by ch. I of the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).

Art. To 46 1

1 Repealed by c. I of the PMQ of Sept. 2014 (New Management Management Model), with effect from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Chapter 5 Establishing the accounts

Section 1 Principles and standards

Art. Principles

1 The accounts shall be established in such a way as to present a statement of wealth, finances and income in accordance with reality.

2 They are based on the principles of importance, clarity, consistency of accounting methods and gross proceeds.

Art. 48 Standards

1 The establishment of accounts is governed by generally accepted standards.

2 The Federal Council regulates the modalities. He consults the finance committees in advance.

3 Any derogation from these standards is expressly stated in the Annex to the annual accounts.

4 The Federal Council is working to harmonize the standards for the presentation of the accounts of the Confederation, the cantons and the municipalities. It may allocate contributions to encourage such harmonization. 1


1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Section 2 Assessment and evaluation

Art. Principles governing the establishment of the balance sheet

1 Capital assets are recorded on the estate under the following conditions:

A.
They have a future economic utility or are used directly in the performance of public tasks;
B.
Their value can be reliably determined.

2 Existing commitments are recorded as liabilities when their implementation is likely to result in cash outflow.

3 Provisions are made to cover existing commitments where the date of execution or the amount of cash outflows resulting from them are undetermined.

4 If generally accepted standards require, financial guarantees and bonds are recorded on the liabilities side of the balance sheet. 1


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 50 1 Evaluation Principles

1 The financial assets shall be recorded on the balance sheet at amortised value or at amortised acquisition cost.

2 The administrative heritage is included in the balance sheet:

A.
The value of acquisition, net of depreciation and revaluation, or venal value;
B.
In the case of interests:
1.
For significant shareholdings: pro rata to the share held by the Confederation in the company's own capital,
2.
For other interests: to the venal value or, if it cannot be determined, to the acquisition value.

3 Financial commitments are recorded on the balance sheet at amortized value or amortized acquisition cost.

4 The inclusion in the balance sheet is governed by the principle of individual assessment.


1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. Depreciation and revaluation

1 The tangible capital assets on the balance sheet are amortized:

A.
According to planning: to take into account the losses due to their ordinary use;
B.
Without planning: to take into account other capital gains.

2 The balance sheet is corrected in the case of depreciation of assets and holdings. The downward revaluations have no effect on the confederation's claims to third parties.

3 Unplanned depreciation and revaluations are made as soon as the depreciation is predictable.

Section 3 Special funding arrangements

Art. Special funds

1 Special funds are funds allocated to the Confederation by third parties who have encumbered them with expenses or come from budgetary appropriations under statutory provisions.

2 The Federal Council regulates management in accordance with these charges and the legal provisions.

3 Expenses and revenues are recorded on the balance sheet outside the results account.

4 Accounting for special funds, including funds holding special accounts under s. 5, let. B, is governed by the provisions of this Act. 1


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. Special financing

1 Special funding refers to the mandatory allocation of revenue to a defined task. Such funding requires a legal basis.

2 Expenses that are not used to acquire capital assets can only be recorded on the asset if they are to be covered by assigned revenue.

Art. 1

1 Repealed by c. I of the PMQ of Sept. 2014 (New Management Management Model), with effect from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Section 4 Consolidated account

Art.

1 According to the principle of global consolidation, the following are grouped together in the accounting plan for consideration of the state account:

A.
The institutions and administrative units which appear in the accounts of the Confederation (Art. 5, paragraph a, c. 3);
B.
The administrative units and the funds of the Confederation which submit a special account to the Federal Assembly in the framework of the State account (Art. 5, let. (b);
C.
Decentralized federal government units that maintain their own accounting records.

2 The Federal Council may, by order:

A.
Exclude from the overall consolidation of decentralized federal government units that hold their own accounts or prescribe principles for their accounts;
B. 1
Include in the overall consolidation of other organizations in close contact with federal finances.

3 The consolidated account gives an overview of the state of wealth, finances and income, excluding internal transfers. Significant holdings may be consolidated using the equivalency method. 2


1 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).
2 New content according to the c. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Chapter 6 Tasks and Competencies of the Government of Canada

Art. 56 Departments and Federal Chancellery

1 The departments and the Federal Chancellery, together with the Federal Council and the Federal Assembly, pursue the general financial and budgetary objectives.

2 In particular, they perform the following tasks:

A.
They plan, direct and coordinate financial management in their area;
B.
They shall ensure the clarity of the finances of the administrative units which are subordinate to them and the quality of accounting in their field of competence;
C.
They issue, if necessary, complementary directives to implement the objectives of the Federal Council, the Federal Department of Finance (DFF) and the Federal Finance Administration (AFF);
D.
They assist the DFF in the preparation of the budget and its supplements, as well as the State and financial plan.
Art. 57 Administrative Units

1 The administrative units are responsible for the wise, cost-effective and efficient use of the credits allocated to them and the assets entrusted to them.

2 They may enter into commitments or make payments only within the limits of the appropriations allocated to them. These must be used only in accordance with their destination and within the limits of what is strictly necessary.

3 Where an administrative unit manages a credit which must meet the needs of several administrative units, it shall ensure that the applications submitted to it are well-founded. Moreover, the applicant administrative unit responds to an objective assessment of the needs.

4 As a general rule, a project is funded by one administrative unit. The Federal Council may provide for exceptions.

Art. Federal Department of Finance

1 The DFF manages the finances of the Confederation and ensures that the overall view is assured.

2 It prepares the Federal Council for the budget and its supplements, as well as the State and financial accounts; it monitors requests for appropriations and estimates of revenue.

3 It examines all projects with financial implications for the Federal Council in terms of cost effectiveness, efficiency and financial impact.

4 It shall examine at regular intervals the need for, and timeliness of, periodic expenses and investment expenditure.

Art. Federal Finance Administration

1 The AFF responds, subject to special provisions, to the uniform organisation of accounting and payment transactions and to the management of balance sheet items in the federal administration.

2 The AFF is empowered:

A.
In order to recover disputed claims or to dismiss unsubstantiated pecuniary claims, to represent the Confederation:
1.
Before the civil courts and arbitral tribunals,
2.
In the filing of civil claims,
3.
In respect of the right to sue for debts and bankruptcy;
B.
To waive recovery of disputed claims if it appears to be doomed to failure or if the cost is disproportionate to the disputed amount;
C.
To request information on the income and capital of defaulting debtors to the competent authorities, including the federal, cantonal and municipal tax authorities, in order to assert claims under public law. 1

3 In the absence of a better outcome for the Confederation, the AFF can, independently of special provisions:

A.
Approve matches;
B.
Provide debtors with acts of default of assets and certificates of deficiency below their face value. 2

1 New content according to the c. I of the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).
2 Introduced by ch. I of the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).

Art. 60 Central Treasury and Fund Borrowing

1 The AFF shall manage the central treasury of the institutions and units of administrations subject to this Law and shall ensure their continued solvency. 1

2 The AFF is allowed to borrow money on the money market and the capital market to secure payments.

3 The financial plan and the budget each year present a forecast report on the cash position and the borrowing of funds; the State account gives a report on the situation.


1 New content according to the c. II 8 of the Law of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).

Art. 60 A 1 Federal Personnel Savings Fund

1 The AFF manages the Federal Personnel Savings Fund (CFPF) in the framework of the federal treasury, for the purpose of acquiring funds by the Confederation and encouraging savings. It may entrust the management of the CFPF to third parties.

2 Accounts can be managed for:

A.
Employees of the federal government;
B.
Persons close to Confederation, including persons elected or appointed by the Federal Assembly, the Federal Courts, the Federal Council or the Federal Government;
C.
Other persons, if the management of the accounts is of interest to the Confederation, in particular in order to avoid conflicts of interest.

3 The Federal Council defines the circle of persons for whom the CFPF can manage accounts under para. 2. It may provide for exceptions to the right to hold an account if the working reports, because of a non-sustainable commitment within the Confederation's work organisation, do not have sufficient proximity to the Confederation or If the load associated with account management is disproportionate.

4 The Confederation responds to the commitments of the CFPF and takes care of its costs, as long as they are not covered by the clients.


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 60 B 1 Account Relationship

1 Except as otherwise provided in this Law or the right of execution, the account relations of the CFPF shall be governed by private law. Disputes between the CFO and its clients are the responsibility of the civil courts.

2 In addition to their own funds, clients can deposit funds from their close relatives.

3 The CFO may terminate the Account relationship in particular:

A.
Whether the prosecution of the latter contravenes provisions of domestic law or international law or whether those provisions can be complied with only with a disproportionate burden;
B.
If it places legal or reputational risks on the CFPF or the Confederation.

4 It may cease to pay an account and to provide other benefits if the customer does not fulfil the obligations incumbent upon it.

5 It may require, for the provision of its services, prices covering the costs.


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 60 C 1 Data processing

1 The CFPF processes, on paper and in an information system, data concerning its clients, including sensitive personal data and personality profiles, which it needs to carry out its tasks, including:

A.
Managing the accounts;
B.
Performing payment transactions;
C.
Provide advice on the provision of benefits.

2 The staff of the CEPF and the third parties responsible for the technical operation, the execution of payment operations and the data entry shall have access to the information system provided that the performance of their tasks requires it.

3 For the performance of their tasks, employees of the CFO may transmit personal data, including sensitive personal data and personality profiles, to their direct superiors, even if they are not Employees of the CFPF.

4 The CFPF regularly exchanges with the Federal Office of Personnel, other client employers and PUBLICA personal data in order, on the one hand, to determine whether the person concerned has the right to hold an account and, on the other hand, to complete Its obligations under the Act of 10 October 1997 on money-laundering 2 . The exchange of data is reciprocal.

5 The CFPF is responsible for data protection and the security of the information system.

6 The Federal Council:

A.
Defines the personal data that can be processed;
B.
Sets the data retention period and rules their destruction upon expiration of the time limit.

1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).
2 RS 955.0

Art. 61 Central Cash Flow

1 Except as otherwise provided for in other federal statutes, the AFF may relate units of the decentralized federal administration that maintain their own accounts to the central treasury for the management of their liquidity.

2 The AFF and the attached administrative unit shall establish by common accord the terms of the attachment.

S. 62 Investment of available capital

1 The AFF places unused capital as a means of payment in such a way as to offer any guarantee and interest in market conditions. They are included in the financial heritage.

2 The acquisition of real property or parts of the capital of for-profit enterprises is not permitted for investment purposes.

3 The assets derived from special funds created by a legislative act may be placed under the conditions laid down in the provisions on occupational foresight.

Chapter 7 Final provisions

S. 63 Executing

1 The Federal Council shall issue the implementing provisions.

2 In particular, it determines:

A.
The general chart of accounts;
B.
Accounting principles;
C.
Methods and rates of depreciable property;
D.
The sub-categories of budgetary appropriations and commitment appropriations.
S. 63 A 1 Evaluation of the new management model for the federal government

The Federal Council shall submit to the Federal Assembly, no later than six years after the entry into force of the amendment of 26 September 2014, an evaluation report on the implementation and effectiveness of the new management model The federal government.


1 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. 64 Repeal of the law in force

Federal Act of 6 October 1989 on the finances of the Confederation 1 Is repealed.


1 [RO 1990 985, 1995 836 hp. II, 1996 3042, 1997 2022 Annex c. 2 2465 appendix c. 11, 1998 1202 art. 7 ch. 3 2847 annex, c. 5, 1999 3131, 2000 273 Annex, c. 7, 2001 707 art. 31 ch. 2, 2002 2471, 2003 535 3543 Annex c. II 7 4265 5191, 2004 1633 hp. I 6 1985 Annex c. II 3 2143

Art. Amendment of the law in force

... 1


1 Changes can be viewed in the RO 2006 1275 .

Art. 66 1 Transitional provisions of the amendment of 20 March 2009

1 On the entry into force of this amendment, the balance of the compensation account within the meaning of s. 16, para. 2, decreases by 1 billion francs.

2 Art. 17 A Applies to all extraordinary revenues and expenses in the current fiscal year upon the coming into force of this amendment.


1 New content according to the c. I of the PMQ of 20 March 2009, in force since 1 Er Jan 2010 ( RO 2009 5941 ; FF 2008 7693 ).

Art. 66 A 1 Transitional provisions of the amendment of 26 September 2014

1 The former right remains applicable:

A.
The implementation of the last budget adopted before the entry into force of this amendment;
B.
To the project, to the dissemination and reception of the corresponding State account.

2 For administrative units managed by benefit mandate and budget envelope according to Art. 44 of the Law of 21 March 1997 on the Organisation of Government and Administration (LOGA) 2 , the Federal Council extends until the entry into force of this amendment the terms of service expiring at the end of 2015. At the time of this extension, it may:

A.
Adapt benefit mandates according to the new conditions;
B.
Renounce the consultation of the competent parliamentary committees provided for in Art. 44, para. 3, LOGA.

1 Introduced by ch. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
2 RS 172.010

Art. 66 B 1 Transitional provision of the amendment of 19 June 2015

1 The applicable law remains applicable:

A.
The implementation of the last budget adopted before the entry into force of this amendment;
B.
The establishment, dissemination and reception of the corresponding State account.

2 At the close of the 2016 State Account, the Federal Assembly corrects the balance of the compensation account within the meaning of Art. 16, para. 2, by deducting the cumulative difference between 2007 and 2016 in relation to an accrual accounting of the agios and disagios carried out on the borrowings of the Confederation.


1 Introduced by ch. I of the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 67 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er May 2006 5

Art. 55: 1 Er January 2009 6

Art. 41: 1 Er January 2011 7


RO 2006 1275


1 RS 101
2 FF 2005 5
3 Introduced by c. I of the 5 Oct PMQ. 2007, effective from 1 Er Jan 2008 ( RO 2008 321 ; FF 2007 297 ).
4 New content according to the c. I of the PMQ of Sept. 2014 (New Administration Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).
5 ACF of 5 Apr. 2006
6 O of Dec 5. 2008 ( RO 2008 6453 )
7 O of 13 Oct. 2010 ( RO 2010 5011 )


State 1 Er January 2016