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RS 172.213.1 Order of 17 November 1999 on the organisation of the Federal Department of Justice and Police (Org DFJP)

Original Language Title: RS 172.213.1 Ordonnance du 17 novembre 1999 sur l’organisation du Département fédéral de justice et police (Org DFJP)

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172.213.1

Federal Department of Justice and Police Ordinance

(Org DFJP)

17 November 1999 (State 1 Er November 2015)

The Swiss Federal Council,

Having regard to art. 43, para. 2, and 47, para. 2, of the Federal Act of 21 March 1997 on the Organisation of Government and Administration (LOGA) 1 , given art. 28 of the Order of 25 November 1998 on the Organisation of Government and Administration (OLOGA) 2 ,

Stops:

Chapter 1 Department

Art. 1 Objectives and areas of activity

1 The Federal Department of Justice and Police (DJFP) pursues the following objectives in the main policy areas it deals with:

A.
Safeguard internal security and protect the legal assets of the public and the population, including the creation of national and international legal bases and coordination between the cantons;
B.
Create the necessary conditions, at the level of federal law, for the protection of fundamental rights and political rights and for efficient justice;
C. 1
To create the legal and institutional bases required for an orderly economic development, for the protection of intellectual property, for the good faith of trade and for the protection of economically weak persons;
D.
To develop a Swiss immigration policy in the field of foreigners and asylum, taking into account the harmonious balance between the Swiss and foreign residents, the needs of the labour market, the capacity for reception, and the commitments Of public international law and the humanitarian tradition of Switzerland.

2 The main points of the activities of the DFJP are:

A.
Legislation: the DFJP directs all legislative projects that are not in the domain of another department or that of the Federal Chancellery; it follows all legislative projects of the Confederation;
B.
Police and security: they carry out the preventive and judicial police functions of the Confederation and carry out other civil security tasks;
C.
Migration: it implements the Swiss foreign and asylum policy and, after agreement with the relevant departments, ensures coordination with the policies of other European states;
D. 2
...
E. 3
Economic order: it develops, if necessary after agreement with the Federal Department of Economics, Training and Research (DEFR) 4 , private law bases on contract and business law, and intellectual property;
F. 5
Metrology: it develops the metrological bases and supervises the execution in the cantons.

1 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
2 Repealed by c. I of the O of 28 June 2000, with effect from 1 Er Jul. 2000 ( RO 2000 1849 ).
3 New content according to the c. II 2 of the O of 25 June 2003, in force since 1 Er Jul. 2003 ( RO 2003 2122 ).
4 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
5 New content according to the c. III 2 of the O of 10 March 2006, in force since 1 Er Apr 2006 ( RO 2006 1089 ).

Art. 2 Principles Governing the Activities of the DFJP

In addition to the general principles governing administrative activity (art. 11 OLOGA), the DFJP observes in particular the following precepts in the fulfilment of its objectives and the exercise of its activities:

A.
It seeks to achieve harmonisation, at national and international level, in its main areas of activity, taking into account the federalist principles and the needs of the cantons that are particularly concerned by this activity;
B.
Collaborating with economic associations, social partners and non-profit organizations;
C.
It seeks to achieve effective national and international collaboration in its fields of activity.
Art. 3 Specific skills

The DFJP decides on:

A.
The prosecution of political offences; in cases where relations with foreign countries are concerned, it takes its decision after consultation with the Federal Department of Foreign Affairs (DFAE); it may present cases of importance to the Federal Council Particular;
B. 1
...

1 Repealed by c. I of the O of 19 Dec. 2003, with effect from 1 Er Feb 2004 ( RO 2004 433 ).

Chapter 2 Offices and Other Units of the Federal Government

Section 1 General Secretariat

Art. 4

1 In addition to the functions defined in s. 42 LOGA, the General Secretariat has the following central functions:

A.
Supporting the Chief of the DFJP in his role as a member of the Federal Council and in the conduct of the affairs of the DFJP;
B.
Undertaking the affairs of the DFJP and ensuring its planning, coordination and control;
C.
It ensures that the plans of the DFJP are integrated with those of the Federal Council, represents the DFJP in the appropriate bodies and ensures interdepartmental coordination;
D.
Monitoring offices as directed by the Head of the DFJP;
E.
It designs the information policy of the DFJP and informs the public and other federal departments of the affairs of the DFJP in a manner that is responsive to citizens' expectations, in a timely and objective manner;
F.
Organises and provides effective logistics services within the DFJP and provides IT services at the DFJP and national level;
G.
Hears appeals against the offices of the DFJP.

2 ... 1

3 ... 2

4 The Commission for the Prevention of Torture and its secretariat are administratively attached to the General Secretariat. Members of the Commission shall be entitled to reimbursement of expenses and compensation. Their amounts are determined in accordance with the order of 3 June 1996 on the extra-parliamentary committees, the governing bodies and the representatives of the Confederation (order on committees) 3 . 4


1 Introduced by Art. 125 hp. 2 of the O of 23 February 2000 on the gambling houses ( RO 2000 766 ). Repealed by c. I of the O of 27 Oct. 2010, with effect from 1 Er Jan 2011 (RO) 2010 5051).
2 Introduced by ch. II 2 of the O of 22 August 2007 ( RO 2007 3967 ). Repealed by c. I of the O of 27 Oct. 2010, with effect from 1 Er Jan 2011 (RO) 2010 5051).
3 [RO 1996 1651 , 2000 1157 , 2008 5949. RO 2009 6137 ch. II 1]. See currently art. 8 L To 8 T Of the O of 25 nov. 1998 on the organisation of government and administration (RS 172.010.1 ).
4 Introduced by ch. I of O du 21 oct. 2009, effective from 1 Er Jan 2010 ( RO 2009 5391 ).

Section 2 Provisions common to Offices

Art. 5

1 Objectives set out in s. 6, 9, 12, 15, 19 and 22 constitute a guideline for the administrative units of the DFJP in the performance of tasks and in the exercise of the powers conferred on them by the federal legislation. 1

2 Offices prepare in principle national or international legislative acts in their own field of activity; at the international level, they consult the DFAE and the DEFR (External Economic Affairs) in advance.

3 In their field, they assume the implementing tasks assigned to them by the aforementioned national and international legislative acts.

4 In their field and in view of the external policy objectives of Switzerland, the offices represent Switzerland with international organisations, after agreement with the DFAE, the DEFR (External Economic Affairs) and if necessary with Other federal departments or offices, participate in national and international colleges and participate in the development and implementation of international treaties.

5 The DFJP, after agreement with the DFAE, establishes the areas in which offices can contact Swiss embassies and consulates, as well as with foreign authorities and services.


1 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).

Section 3 Federal Office of Justice

Art. 6 Objectives and functions

1 The Federal Office of Justice (OFJ) is the competent authority and service centre of the Confederation 1 On matters falling under the law, taking into account the competences of the other departments. In particular, it pursues the following objectives:

A.
Creating the legal conditions favourable to the social coexistence and economic development of the country;
B.
Strengthen the federal system, in particular in the fields of human rights, democracy and the principles of the rule of law;
C.
To develop appropriate standards of federal law, which are understandable and consistent, compatible with higher law;
D.
Participating in the establishment of a peaceful world order and the harmonisation of the evolution of law in Europe;
E.
Maintain and consolidate legal knowledge within the federal government and promote understanding of the law.

2 Within this framework, the OFJ performs the following functions:

A.
It ensures the legality of legislative acts, orders and decisions of the Federal Assembly, the Federal Council and the Federal Government, in particular respect for fundamental rights and the observance of the principles of the rule of law, The order of federal jurisdiction and other constitutional principles;
B.
It follows the evolution of law in Switzerland and abroad, duly advises the competent authorities in matters of federal law and of legal policy, and presents them, in due course, with appropriate solutions.

1 New expression according to c. I of O du 4 Dec. 2000, in force since 1 Er Jan 2001 ( RO 2001 265 ).

Art. 7 Tasks

1 In collaboration with other competent offices, the OFJ prepares legislative acts, participates in their implementation and in the development of international instruments required in the following areas:

A.
Constitutional law, in particular the fundamental rules of federalism, democracy and the rule of law, as well as other constitutional areas which do not fall within the competence of other federal offices, including the elaboration and Implementation of human rights agreements, with these latter tasks being shared with the DFAE;
B.
Civil law, civil procedure and enforced enforcement, including private international law, international law in the field of civil procedure and enforced enforcement, standards relating to the register of trade, civil status and the land registry, Rural land and farm-farm leases, as well as requirements for the acquisition of real property by persons domiciled abroad; the law governing intangible property is excluded;
C. 1
Criminal law and criminal procedure (other than military criminal law and ancillary criminal law), including international criminal law and international law in the field of criminal procedure and enforced enforcement, the execution of penalties and measures And assistance to victims of crime;
D. 2
Organisation and procedure of federal courts, cooperation with foreign and international courts, administrative procedure, general data protection, press law, lotteries and other areas of public law which are not Jurisdiction of other federal offices.

2 The OFJ provides legal information and expertise in the areas listed in para. 1 for the Federal Assembly, the Federal Council and the Federal Government.

3 It examines the constitutionality and legality of all draft legislative acts, their conformity and compatibility with national and international law in force and their substantive accuracy, as well as, in collaboration with Federal Chancellery, their relevance in the perspective of legislative technique and drafting.

4 It develops the methodological principles for the preparation of legislative acts and the evaluation of State measures, in particular with a view to their efficiency and cost-effectiveness, and ensures that adequate opportunities exist for Development.

5 It develops messages relating to the guarantee of cantonal constitutions and prepares the approval of the legislative acts of the cantons in the fields provided for in para. 1.

6 It sets out the reports of the Federal Council on pardons under s. 394 and 395 of the Criminal Code (PC) 3 .

6 A It provides rapid international legal assistance in criminal, administrative, civil and commercial matters, examines requests for mutual legal assistance, rules on extradition and transfer and provides for the delegation of prosecution Criminal and enforced execution. 4

7 It is the central authority of the Confederation in the field of international child abduction, international protection of minors, international affairs relating to maintenance contributions, international inheritance cases, and International legal assistance in civil or commercial matters. 5

8 It hears appeals on which the Federal Council decides, with the exception of those brought against the DFJP, those relating to local measures affecting traffic (art. 3, para. 4, of the PMQ of Dec 19. 1958 on road traffic 6 ), from those relating to votes (art. 81 of the LF of 17 Dec. 1976 on political rights 7 ) And those submitted for breach of international treaties relating to freedom of movement and establishment (art. 13, para. 1).

9 It represents Switzerland in proceedings before the European Court of Human Rights and the United Nations Committees against Torture, for the elimination of discrimination against women and for the elimination of discrimination against women. Racial discrimination. 8 To this end, it may invite experts. 9

10 It executes conventions relating to private international law and international civil procedure law, subject to the jurisdiction of other federal offices.

11 It manages an organ responsible for the electronic processing of legal data.

12 It prepares the forms for the acts of the court and the parties in accordance with the Code of Civil Procedure of 19 December 2008 (CPC) 10 . 11

13 It has the competence to approve the pilot projects of the cantons provided for in Art. 401 CPC. 12


1 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
2 New content according to the c. I 2 of the O of 5 Nov 2014 (Transfer from the Social Assistance to Switzerland Abroad Unit of the DFJP and DFAE), in force since 1 Er Jan 2015 ( RO 2014 3789 ).
3 RS 311 .0 . Currently: art. 381 and 382.
4 Introduced by ch. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
5 New content according to the c. I of O du 4 Dec. 2000, in force since 1 Er Jan 2001 ( RO 2001 265 ).
6 RS 741.01
7 RS 161.1
8 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 4619 ).
9 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
10 RS 272
11 Introduced by ch. II 1 of the O of 18 June 2010 adapting O to the CPC, in force since 1 Er Jan 2011 ( RO 2010 3053 ).
12 Introduced by ch. II 1 of the O of 18 June 2010 adapting O to the CPC, in force since 1 Er Jan 2011 ( RO 2010 3053 ).

Art. 8 Special provisions

1 The OFJ manages inter alia:

A.
The Federal Office of Civil Status;
B.
The Federal Office for the Law of the Land Registry and the Land Law, including the Swiss Ship Registry Office;
C.
The Office of the Trade Register;
D. 1
A computerized criminal record, in cooperation with other federal authorities and with the cantons.

2 Their tasks and competences are governed by specific legislative acts 2 .

3 The Federal Commission for the Prosecution of Life-to-Life Persons and its Secretariat is administratively attached to the OFJ. 3


1 Introduced by c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
2 RS 211.112.2 , 211.432.1 , 221.411 , 331
3 Introduced by Art. 16 hp. 2 of the O of 26 June 2013 on the Federal Commission for the Prosecution of the Opportunities to Treat Persons Living for Life, in force since 1 Er Jan 2014 ( RO 2013 2109 .)

Section 4 3 Federal Police Office

Art. Objectives and functions

1 The Federal Police Office (fedpol) is the competent authority of the Confederation for police matters. By taking preventive, repressive and accompanying measures, it pursues in particular the following objectives: 1

A.
To protect the state of Swiss law and its democratic foundations;
B.
Safeguard the internal security of Switzerland;
C.
To crack down on crime, including offences that fall under the jurisdiction of Confederation;
D. 2
Protect the authorities and buildings of the Confederation as well as persons and buildings whose protection is subject to public international law commitments;
E. 3
To maintain and develop contacts with national and international security, police and criminal prosecution authorities.

2 In this context, fedpol performs the following functions:

A. 4
...
B. 5
Developing criminal analyses;
C.
It is the judicial police authority of the Confederation;
D.
Coordinates and contributes to inter-cantonal and international investigations;
E.
It manages the central criminal police offices in accordance with national and international law;
F.
Ensuring the exchange of police information with foreign partners and international bodies;
G.
Provides benefits to federal and cantonal security, police and criminal prosecution authorities and ensures the development of such benefits;
H.
It guarantees a unity of strategy for cooperation, participates in international police instruments and encourages their development, represents the country's police interests in national, international and supranational bodies and Collaborates in technical, training, organisational and technological matters, with the Swiss or foreign authorities responsible for security and the police, and supports them;
I.
It assesses the threat to persons and buildings to be protected and orders the corresponding protection measures. 6

1 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
2 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
3 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
4 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
5 New content according to the c. I del ' O du 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
6 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).

Art. 10 Specific Tasks

1 Fedpol manages:

A.
The following central offices:
1. 1
Weapons,
2. And 3. 2 ...
4.
Explosives and pyrotechnics;
B. 3
...
C.
The INTERPOL National Central Office;
D. 4
The national contact point for Europol;
E. 5
The alarm station, which receives communications and alarms from the civilian buildings of Confederation, seven days a week and 24 hours a day;
F. 6
The Confederation hearing centre;
G. 7
The Money Laundering Communications Office;
H. 8
The coordination service jointly managed by the Confederation and the cantons to combat Internet crime, detect abuses of the Internet, coordinate investigation procedures and carry out analyses of crime On the Internet (SCOCI);
I. 9
The Confederation Witness Protection Service.

2 He heads the Coordination Service against Trafficking in Human Beings and the Trafficking of Migrants (SCOTT) with the support of all interested federal and cantonal services and manages a management office for this purpose. SCOTT and its executive office are responsible for the tasks referred to in s. 13 of the order of 23 October 2013 against trafficking in human beings 10 And make arrangements to prevent and combat the smuggling of migrants. 11

3 Subject to special derogations, it is the competent service for identity documents and manages the coordination service in the field of identity documents and legitimising.

4 It carries out functions under the law of aliens in the field of internal security. 12

5 It establishes the profile of security guards engaged in aviation, organizes their training and is responsible for their commitment. It provides analysis of risks and threats related to their engagement. 13

6 ... 14

7 It shall ensure that the staff of the General Staff, specifically for hostage-taking and blackmail, can intervene at all times and manage the Central Staff in the event of a commitment.

8 It operates information systems in the fields of police and criminal prosecution. 15

9 ... 16

10 It deals with issues and requests for information on police matters, manages international police relations in the area of mutual administrative assistance, and ensures police cooperation with international tribunals.

11 It administers the joint police and customs cooperation centres in Geneva and Chiasso. 17

12 He is responsible, in agreement with the DFAE, for the secondment, commitment and conduct of police officers. The competence of the Head of Mission to issue directives is reserved. 18

13 ... 19

14 It monitors laboratories that conduct DNA forenics analysis and laboratories that establish DNA profiles in the civil and administrative fields. 20

15 He leads and coordinates, in agreement with the DFAE and cantonal authorities, the commitments of the Swiss Disaster Victim Identification (DVI) team abroad. 21


1 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
2 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
3 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
4 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
5 Introduced by c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
6 Formerly let. E.
7 Formerly let. F.
8 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
9 Introduced by c. I of O du 17 oct. 2007 ( RO 2007 4787 ). New content according to the c. 4 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 (RO 2012 6731).
10 RS 311.039.3
11 New content according to Art. 16 of the O of 23 Oct. 2013 against trafficking in human beings, in force since 1 Er Jan 2014 ( RO 2013 3625 ).
12 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
13 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
14 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
15 New content according to the c. I del ' O du 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
16 Repealed by c. II of the O of 30 June 2010, with effect from 15 jul. 2010 ( RO 2010 2945 ).
17 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
18 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
19 Introduced by ch. I of O du 17 oct. 2007 ( RO 2007 4787 ). Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 (RO) 2008 6305).
20 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
21 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).

Art. 11 Specific skills

1 Fedpol has the power to impose an entry ban on foreigners who endanger the internal or external security of Switzerland; it consults the Swiss Federal Intelligence Service (SRC) in advance. After hearing the DFAE and the CBC, he transmits to the DFJP the cases of political importance and the proposals for expulsion from Switzerland under Art. 121, para. 2, of the Constitution 1 ; the DFJP can submit them to the Federal Council for decision. 2

2 He is competent in the search for people and things, as well as in the search for missing persons, in Switzerland and abroad.

3 It is the decision-making authority for identity documents requested abroad in accordance with the law of 22 June 2001 on identity documents 3 .

4 It is taking measures in cooperation with the cantons to prevent violence during sporting events. 4

5 Fedpol is responsible for the receiver and the confiscation of propaganda material whose content incites violence; it consults the CBC in advance. 5


1 RS 101
2 New content according to the c. II 9 of Annex 4 to the O of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Er Jan 2010 ( RO 2009 6937 ).
3 RS 143.1
4 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
5 Introduced by ch. I of O du 17 oct. 2007 ( RO 2007 4787 ). New content according to the c. II 9 of Annex 4 to the O of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Er Jan 2010 (RO) 2009 6937).

Section 5 4 State Secretariat for Migration 5

Art. 12 Objectives and functions

1 The State Secretariat for Migration (SEM) is the competent authority of the Confederation for matters relating to immigration and emigration, the law of foreigners and Swiss nationality, as well as asylum and refugees. In particular, it pursues the following objectives: 1

A.
Ensure a coherent policy on foreigners, in particular as regards:
1.
The admission and residence of aliens in accordance with the commitments of public international law and taking into account the humanitarian principles and the implementation of family reunification,
2.
The admission of foreign labour in the light of macro-economic interests, the chances of long-term professional and social integration, and the scientific and cultural needs of Switzerland;
B.
Implement the Swiss asylum and refugee policy according to the instructions of the Federal Chambers and the Federal Council, in particular the implementation of a coherent admission and return policy;
C.
Create conditions conducive to the integration of the foreign population living in Switzerland and to a balanced demographic and social development.

2 In order to pursue the objectives set out in para. In the fields of aliens and nationality, the SEM performs the following functions:

A.
In collaboration with the DFAE and other interested federal departments, it establishes the basis for the Swiss visa policy and develops strategies, which it implements, to combat abuses committed in the field of the law of the Foreign, taking into account the international situation;
B.
In collaboration with the DEFR, it evaluates the macro-economic interests in relation to the policy of foreigners;
C.
Implementing foreign law measures and developing border controls in this area;
D.
Monitoring the application of the law of foreigners in the cantons;
E.
It deals with all matters relating to Swiss nationality.
3 In order to pursue the objectives set out in para. In the fields of asylum and refugees, the SEM performs the following functions:
A.
It decides on the granting or rejection of asylum, the granting of provisional protection, the provisional admission and the return of Switzerland;
B.
It coordinates, in matters relating to asylum or refugees, within the federal administration, with the cantons and the Swiss and international organisations;
C.
Taking part in efforts to harmonize international policy on asylum and refugees and its implementation, in accordance with the DFAE;
D.
Implements the provisions relating to the financing of the costs of assistance, supervision and administration, pays the related subsidies and controls employment;
E.
Preparing, in conjunction with the FDFA, the definition of return policy, providing assistance for return and reintegration, and supporting the cantons in the funding of return assistance projects and public utility programmes of occupation;
F.
It shall assist the cantons in the execution of the references.

4 In collaboration with the DFAE, the SEM analyses the evolution of migration at the national and international levels and develops the basis for decisions required by the migration policy of the Federal Council.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4451 ).

Art. 13 Specific Tasks

1 The SEM investigates appeals to the Federal Council for breaches of international treaties relating to freedom of movement and establishment.

2 In agreement with the DFAE, it prepares readmission and transit agreements, as well as partnership agreements in the field of migration, and executes them. 1

3 It establishes legitimising documents for refugees, undocumented persons and stateless persons.

4 In addition, it maintains an information and advisory service for the placement of trainees. 2


1 New content according to the c. I 3 O of 8 nov. 2006 on the mod. Of O related to the partial entry into force of the mod. Of Dec 16. 2005 of the Asylum Act, the PMQ on medicare and the PMQ on old-age and survivors insurance, in force since 1 Er Jan 2007 ( RO 2006 4739 ).
2 New content according to Art. 76 hp. 2 O du 7 oct. 2015 on Swiss Abroad, in force since 1 Er Nov 2015 ( RO 2015 3879 ).

Art. 14 Specific skills

1 The SEM has the power to settle all matters relating to Swiss nationality.

2 It is entitled to appeal to the Federal Court, in the fields of aliens and nationality law, against cantonal decisions of last instance. 1

3 It is responsible for the recognition of the quality of stateless persons.


1 New content according to the c. II 10 of the O of 8 nov. 2006 adapting O of the CF to the total revision of the federal procedure, in effect since 1 Er Jan 2007 ( RO 2006 4705 ).

Section 6 ...

Art. 15 And 16 1

1 Repealed by c. II 2 of the O of 25 June 2003, with effect from 1 Er Jul. 2003 ( RO 2003 2122 ).

Section 7 ...

Art. 17 And 18 1

1 Repealed by c. I of the O of 28 June 2000, with effect from 1 Er Jul. 2000 ( RO 2000 1849 ).

Section 8 ...

Art. 19 To 21 1

1 Repealed by c. 3 of the annex to the O of 21 Nov 2012 on the Federal Institute of Metrology, with effect from 1 Er Jan 2013 ( RO 2012 6887 ).

Section 9 ...

Art. To 24 1

1 Repealed by c. I of the O of 3 Nov 2004, with effect from 1 Er Jan 2005 ( RO 2004 4813 ).

Chapter 3 Decentralized Federal Government Units

Section 1 6 Service responsible for monitoring correspondence by post and telecommunications

Art. 25 Objectives and functions

1 The service responsible for monitoring correspondence by post and telecommunications within the meaning of s. 2 of the Federal Act of 6 October 2000 on the monitoring of correspondence by post and telecommunications (LSCPT) 1 Is administratively attached to the General Secretariat.

2 It performs the tasks referred to in s. 11 to 15 LSCPT independently, without receiving instructions from the DFJP.


Art. 26 And 27

Repealed

Section 2 Swiss Institute of Comparative Law

Art. 28

1 The Swiss Institute of Comparative Law (ISDC), a centre for information and research in the field of comparative law, foreign law and international law, gives the authorities and individuals access to information concerning foreign law and Provides advice on matters of law in its field of activity.

2 Its status, tasks and organisation are governed by the Federal Law of 6 October 1978 on the Swiss Institute of Comparative Law. 1 .


Section 3 Federal Institute of Intellectual Property

Art.

1 In accordance with the Federal Law of 24 March 1995 on the Status and Tasks of the Federal Institute of Intellectual Property 1 , the latter is the competent authority of the Confederation for matters relating to intangible property 2 It carries out its tasks within the framework of the relevant international laws and agreements.

2 It shall carry out, under the supervision of the DFJP, its tasks of general interest and other tasks entrusted to it by the Federal Council.

3 He has standing before the Federal Court in his field of expertise. 3


1 RS 172.010.31
2 RS 231.1 To 232.23 , 0.231.0 To 0.232.163
3 Introduced by ch. II 10 of the O of 8 nov. 2006 adapting O of the CF to the total revision of the federal procedure, with effect from 1 Er Jan 2007 ( RO 2006 4705 ).

Section 4 7 Federal Review Supervisory Authority

Art. A

1 The Federal Review Supervisory Authority shall be the competent authority of the Confederation on matters of accreditation of natural persons and undertakings which provide benefits in the field of statutory review, Monitoring bodies of public companies and mutual administrative and judicial assistance in the field of review supervision.

2 Its status, tasks, competences and organisation are governed by the law of 16 December 2005 on the supervision of the revision 1 , by the order of 22 August 2007 on the supervision of the revision 2 And by the applicable international agreements.


Section 5 8 Federal Game House Commission

Art. B

1 The organization and tasks of the Federal House Commission are governed by s. 46 to 53 of the Act of 18 December 1998 on gambling houses 1 .

2 The Commission and its secretariat are administratively attached to the General Secretariat.


Section 6 9 Federal Arbitration Board for the Management of Copyright and Neighboring Rights

Art. C

1 The organization and tasks of the Federal Arbitration Board for the Management of Copyright and Neighboring Rights are governed by Art. 55 to 60 of the Copyright Act of 9 October 1992 1 .

2 The Commission and its secretariat are administratively attached to the General Secretariat.


Section 7 10 Federal Institute of Metrology

Art. D

1 The Federal Institute of Metrology (METAS) is the competent authority of the Confederation for metrology matters.

2 Its organisation and tasks are governed by the Federal Law of 17 June 2011 on metrology 1 And by the Law of 17 June 2011 on the Federal Institute of Metrology 2 .

3 METAS has standing before the Federal Court in its field of expertise.


Chapter 4 Final provisions

Art. Repeal and amendment of the law in force

The applicable law is repealed or amended in accordance with the schedule.

Art. Entry into force

This order shall enter into force on 1 Er January 2000.

Annex

(art. 30)

Repeal and amendment of the law in force

I

The following legislative act is repealed:

Order of 7 September 1977 on representation of the Federal Council before the European Commission on Human Rights and the European Court of Human Rights 1

II

The following legislative acts are amended as follows:

... 2


1 [RO 1977 1549)
2 The mod. Can be viewed at RO 2000 291 .


State 1 Er November 2015