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RS 974.01 Order of 12 December 1977 on development cooperation and international humanitarian aid

Original Language Title: RS 974.01 Ordonnance du 12 décembre 1977 concernant la coopération au développement et l’aide humanitaire internationales

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974.01

International Development and Humanitarian Aid Ordinance

12 December 1977 (State on 15 June 2015)

The Swiss Federal Council,

See art. 15 of the Federal Act of March 19, 1976 1 On development cooperation and international humanitarian aid (law),

Stops:

Section 1 General provisions

Art. 1 Federal Offices

1 The following federal offices are responsible for the enforcement of the Act: 1

A. 2
The Development and Cooperation Division (DDC) of the Federal Department of Foreign Affairs (DFAE);
B.
The State Secretariat for the Economy (SECO) 3 The Federal Department of Economics, Training and Research (DEFR) 4 .

2 The Federal Council or the relevant department may entrust other federal offices and services with the implementation of development cooperation and humanitarian assistance measures.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).
2 New content according to the c. I of the O of 28 January 1998, in force since 1 Er March 1998 (RO 1998 873).
3 New name in accordance with Art. 21 hp. 23 of the O of 17 Nov 1999, in force since 1 Er Jul. 1999 ( RO 2000 187 ). This mod has been taken into account. Throughout the text.
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.

Art. 2 Skill, degrees of collaboration

1 The competence of the Federal Offices includes:

A.
Preparing the affairs of the Federal Council and Parliament;
B.
Management of program funds;
C.
Preparation and negotiation of specific measures, carried out independently or with partners and intermediaries;
D.
Relationships with partners or intermediaries;
E.
Implementation and evaluation of specific measures.

2 Where an Office has the right to rule, the competent Federal Office shall not be bound by the opinion of that other Office. 1

3 When the competent Federal Office deals with another, it cannot make a decision without the agreement of the other.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).

Art. 3 Modalities

1 In particular, bilateral measures are:

A.
Measures of the Confederation, carried out directly or under the control;
B.
Measures implemented in favour of partner countries by the Confederation, with the cooperation of other states;
C.
Contributions and other benefits to intermediaries, such as private or public institutions, as well as cantons and municipalities;
D.
Contributions and other benefits to international organizations for measures implemented in a particular country or region.

2 Multilateral measures of contributions and other benefits to international organizations are considered, in particular for the implementation of their general programme.

3 Measures taken unilaterally by the Confederation in favour of one or more countries or-in the context of special tasks-are considered to be autonomous in order to promote development cooperation and humanitarian aid. General.

Section 2 Development cooperation

Art. 4 Global Design

The DDC 1 And the SECO, as well as the Federal Finance Authority, jointly develop the overall design of the Swiss contribution to international development cooperation. Coordination is the responsibility of the DDC.


1 New abbreviation according to c. I of the O of 28 January 1998, in force since 1 Er March 1998 (RO 1998 873). This mod has been taken into account. Throughout the text.

Art. 5 Participation in the development of international development policy

1 The DFAE and the DEFR jointly prepare Switzerland's position at international conferences as well as in international organisations and organisations where general problems are dealt with or, at the same time, various forms of cooperation. Development. Other departments are involved, if necessary, in this preparatory work. Coordination is the responsibility of the appropriate Federal Office because of the conference, organization or organization.

2 This federal office represents Switzerland at the conference or within the organization or organization; other federal offices and services are involved, if necessary, in the negotiations.

Art. 6 Technical cooperation

1 The DDC is competent for technical cooperation; the SECO has the right to vote.

2 It is also possible to award training scholarships in Switzerland for nationals of developing countries according to the Federal Decree applying to the grant of scholarships to foreign students in Switzerland; in this case, the Federal Department of Within and the Federal Scholarship Commission, within which the DDC is represented, is competent.

Art. 7 Bilateral financial assistance

1 The DDC is responsible for bilateral financial assistance and is in agreement with the SECO.

2 Where bilateral financial assistance is in the form of mixed credits or similar measures, the SECO is competent; it is in agreement with the DDC.

3 The DDC and the SECO jointly determine, for all bilateral financial assistance measures, the beneficiary countries, the amounts allocated to them and the conditions for the implementation of those measures.

4 DDC and SECO jointly conduct negotiations on bilateral financial assistance measures by 1 Er Paragraph, when these negotiations relate to others relating to economic agreements, or the economic importance they present to Switzerland requires it.

5 The Federal Council may, in special cases, change this distribution of powers.

Art. 8 Multilateral financial assistance

1 Multilateral financial assistance is a joint task of the DDC and SECO.

2 The DDC and the SECO jointly determine, for all multilateral financial assistance measures, the beneficiary institutions, the amounts allocated to them and the conditions for the implementation of those measures. They jointly set out the position of Switzerland in the governing bodies of international and regional development finance institutions.

3 The DDC coordinates all multilateral financial assistance, including the preparation of the cases of the Federal Council and Parliament. It manages program funds.

4 The Federal Council determines which of the two Federal Offices provides coordination for each of the international or regional development finance institutions and acts as the competent office.

Art. Trade Policy Measures

SECO is responsible for trade policy measures in the area of international development cooperation; the DDC has the right to vote.

Art. 10 Measures to Encourage the Commitment of Private Sector Resources

SECO is responsible for measures to encourage the engagement of private sector resources in the area of international development cooperation; the DDC has the right to decide.

Art. 11 New forms and forms of cooperation

Depending on their character, the new forms and forms of cooperation are within the competence of the DDC or the SECO, or other federal offices or services.

Section 3 Humanitarian assistance

Art. 12 1 Global Design

The DDC and the Federal Finance Authority jointly develop the overall design of the Swiss contribution to international humanitarian aid. Coordination is the responsibility of the DDC.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).

Art. 13 Participation in the development of international humanitarian assistance

1 The DFAE prepares Switzerland's position at international conferences, as well as in international organizations and agencies involved in humanitarian aid. Other departments are involved, if necessary, in this preparatory work. Coordination is the responsibility of the appropriate Federal Office because of the conference, organization or organization.

2 This federal office represents Switzerland at the conference or within the organization or organization; other federal offices and services are involved, if necessary, in the negotiations.

Art. 14 Measures

1 The DDC is responsible for humanitarian aid measures. 1

2 The DDC has, for operational humanitarian assistance, the Swiss Corps for Disaster Assistance Abroad (SSC). The delegate for the relief missions abroad directs the body. 2

3 The powers conferred by the Order of the Federal Council of 26 January 1972 3 Concerning the implementation of the international agreement on cereals of 1971 (Convention on food aid) shall be reserved.

4 The DDC and the Federal Office of Agriculture 4 DEFR performs the measures in accordance with the federal order applying to the delivery of dairy products for food aid.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).
2 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).
3 [RO 1972 243, 1983 1055 art. 14. RO 1989 72 art. 6 al. 1]. Currently: O du 21 Dec. 1988 on the application of the 1986 Convention on the Food Aid of the International Wheat Agreement (RS 916.111.311.2 ).
4 New name in accordance with Art. 1 Er From the ACF of 23 Apr. 1980 on the adaptation of the disp. From federal law to new names of departments and offices (unpublished). This mod has been taken into account. Throughout the text.

Section 4 Financial competence, control of the use of financial resources

Art. 15 Financial competence in the field of development cooperation

1 The Federal Council decides on measures with a foreseeable cost of more than 20 million francs. 1

2 The financial competence of the federal departments and offices is set out in Annex 1.


1 New content according to the c. I 13 of the O of 26 June 1996 on the allocation of new decision-making powers in the federal administration, in force since 1 Er August 1996 (RO 1996 2243).

Art. 16 Financial competence in the field of humanitarian aid

1 The Federal Council decides on measures with a foreseeable cost of more than 20 million francs. 1

2 The financial competence of the departments and the DDC is set out in Annex 2. 2


1 New content according to the c. I 13 of the O of 26 June 1996 on the allocation of new decision-making powers in the federal administration, in force since 1 Er August 1996 (RO 1996 2243).
2 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).

Art. 17 1 Credit Overflow

Where the cost of carrying out the agreed measures does not exceed one quarter of the appropriation, the additional expenditure may be decided by the relevant federal departments or offices within the limits of their competence Financial.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).

Art. 18 1 Amendments

The competent federal offices may, if necessary, amend a measure, where it does not result in a cost overrun.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).

Art. 19 Form of decisions

The measures, cost overruns and amendments are the subject of duly substantiated written decisions.

Art. Control of the use of financial resources

1 The competent Federal Offices control the use of the financial means which they make available to partners or intermediaries.

2 If necessary, these Federal Offices shall, with the cooperation of the Federal Audit Office, lay down special requirements concerning the justification for the use of financial means.

Section 5 Implementation

Art. 1 Conclusion of Agreements

1 Where the nature of the measures permits, their implementation requires the conclusion of agreements with partners or intermediaries.

2 The competent Federal Offices may conclude international agreements of minor scope and private or public law agreements, subject to the opening of the necessary appropriations. International agreements which are not minor in scope may be concluded by the competent department if they relate to specific projects or programmes, subject to the opening of the necessary appropriations.


1 New content according to the c. I of the O of 27 May 2015, in force since 15 June 2015 ( RO 2015 1683 ).

Art. Staff

For the implementation of development cooperation and humanitarian aid measures, the competent federal services can hire qualified staff by entering into private contracts. They shall receive, with a view to their assignment, personal training, if any professional.

Art. Material Acquisition

The order of 8 December 1975 1 On purchases applies to the acquisition of equipment. Consideration should be given to the conditions prevailing in the partner country and the general effects of procurement on development.


1 [RO 1975 2373, 1976 504, 1988 1206, 1993 2525. RO 1996 518 art.71 let. B]. See currently O of Dec 11. 1995 on Government Procurement (RS 172.056.11 ).

Section 6 Special bodies

Art. 24 Interdepartmental Committee on International Development and Cooperation (ICCI) 1

1 The Interdepartmental Committee on International Development and Cooperation (ICCIDPC) is composed of representatives from the DDC, the SECO and the Federal Finance Administration. Representatives of other federal departments, including the Political Bureau of the DFAE, the Federal Office of Culture and the Federal Office of Public Health of the Federal Department of the Interior, of the State Secretariat for Training, to the Research and innovation 2 And the Federal Office for Agriculture of DEFR, the Federal Office for the Environment of Forests and the Landscape of the Federal Department of the Environment, Transport, Energy and Communication and the General Secretariat of the Department Federal Court and Police may participate in ICCIDPC meetings when matters relating to their jurisdiction are addressed. 3

2 In particular, it is the responsibility of CIDCI:

A.
Prepare Federal Council decisions on the design of the Swiss contribution to international development cooperation;
B.
Prepare decisions of the Federal Council on specific measures and aspects of international development cooperation, which are of great importance;
C.
Make decisions on the implementation of this order in the event of doubt; important matters are referred to the Federal Council;
D.
To discuss the financial plan for Switzerland's "official development assistance".

3 The DDC assumes the Presidency, coordinates the work and provides the secretariat. Each of the services represented within CIDCI may request the convening of a session.


1 New name as per c. I of the O of 28 January 1998, in force since 1 Er March 1998 (RO 1998 873). This mod has been taken into account. Throughout this text.
2 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
3 New content according to the c. I of the O of 28 January 1998, in force since 1 Er March 1988 (RO 1998 873).

Art. 25 Consultative Commission on International Cooperation 1

1 The Consultative Commission on International Cooperation (Consultative Commission) shall be composed of up to 25 members. Its members cannot be part of the federal government. 2

2 The Advisory Commission:

A.
Advises the Federal Council on International Cooperation, Development, Humanitarian Aid and Cooperation with Eastern European States;
B.
Examines in particular the aims, priorities and overall design of cooperation measures;
C.
Can submit its own proposals. 3

3 The joint meetings with the Trade Policy Advisory Commission are led by the chairpersons of the two committees. The meetings shall be convened, as required, on the initiative of the two Presidents or at the request of one of the two committees.

4 The DDC provides the secretariat of the Consultative Commission and Joint Sessions.


1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to 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.
2 New content according to the c. I 1.1 of the O of 9 Nov 2011 (Review of the extra-parliamentary committees), in force since 1 Er Jan 2012 ( RO 2011 5227 ).
3 New content according to the c. I of the O of 28 January 1998, in force since 1 Er March 1998 (RO 1998 873).

Art. 26 1

1 Repealed by c. II 14 of the O of 12 seven. 2007 (Reorganisation of the extra-parliamentary committees), with effect from 1 Er Jan 2008 ( RO 2007 4525 ).

Section 7 Specific tasks

Art. 27 Information and relations in Switzerland

1 The competent federal offices inform the public about development cooperation and international humanitarian assistance in general and the Swiss contribution. 1

2 They have relations with the cantons, municipalities, universities as well as with Swiss organisations and the private sector, insofar as these reports are used to promote development cooperation and humanitarian aid.

3 The DDC coordinates the compilation and publication of statistics on "official development assistance" of Switzerland.


1 New content according to the c. I of the O of 29 Apr. 1987, in effect since 1 Er Jul. 1988 (RO 1988 959).

Art. 28 Conference on Development Cooperation

1 The DDC and the SECO organise a conference on development cooperation each year. They invite the participation of people in the world who are interested in international development cooperation.

2 The conference enables the exchange of views and experiences on current issues related to development cooperation; it must promote public understanding of development policy.

3 Institutions and individuals outside the federal government may be involved in the preparation and implementation of the conference.

Art. Research and teaching

1 The DDC promotes scientific research and supports university education and, more generally, education in the fields of development cooperation and humanitarian assistance. The SECO has the right to decide when it comes to development cooperation.

2 The SECO may entrust research mandates within the framework of its competence.

Section 8 ...

Art. 1

1 Repealed by c. II 111 of the O of 8 nov. 2006 adapting Federal Council orders to the total revision of the federal procedure, with effect from 1 Er Jan 2007 ( RO 2006 4705 ).

Section 8 A 2 Society supporting Confederation in economic cooperation with developing countries and countries in transition

Art. A Purpose and Tasks

1 The Confederation created an anonymous private law society to encourage the commitment of private sector resources, including investment in developing countries.

2 It holds at least two-thirds of the voting rights and capital of the company.

Art. B Shareholder Rights Exercise

1 The Federal Council exercises its rights as a shareholder.

2 The DEFR prepares the affairs of the owner policy and coordinates them with the specialized services of the Confederation.

Art. C Strategic Objectives

1 The Federal Council defines the strategic objectives every four years. To this end, it relies on the principles recognised in the field of development cooperation and on the principles of subsidiarity and sustainability.

2 The board of directors of the company shall submit annually to the Federal Council a report on the achievement of the objectives and shall make available to it the information necessary to verify the achievement of the objectives. 1


1 See also disp. And trans. Mod. On 5 March 2010 at the end of the text.

Art. D Funding

Society finances itself through its own activities.

Section 9 Final provisions

Art. Repeal of the law in force

This order repeals in particular the order of September 13, 1972 1 On technical cooperation with developing countries.


1 [RO 1972 2480]

Art. 32 Entry into force

This order shall enter into force on 1 Er January 1978.

Transitional provisions of the amendment of 5 March 2010 3

1 DEFR:

A.
Prepares the contractual basis for the participation of the Confederation in society and submits its proposal to the Federal Council; it ensures that the obligations of society (art. 30 C , para. (2) be fixed by contract;
B.
Prepares the transfer of the SECO portfolio to the corporation and submits its proposal to the Federal Council;
C.
Submits to the Federal Council other matters relating to the ownership policy (selection and mandates of the representatives of the Confederation on the Administrative Council and the external review body);
D.
Takes all other provisions necessary for the implementation of the let. A and b.

2 The operation referred to in the let. B requires consultation with the Federal Finance Authority.


Annex 1 1

(art. 15)

Financial competence in the field of development cooperation

Commitments Amount

Financial competence for technical cooperation measures (Art. 6)

Financial competence for bilateral financial assistance measures for which the DDC is competent (Art. 7, para. 1)

Financial competence for bilateral financial assistance measures for which the SECO is competent (Art. 7, para. 2)

Financial competence for multilateral financial assistance measures, for which the DDC is responsible for coordination (Art. 8, para. 4)

Financial competence for multilateral financial assistance measures, for which the SECO provides coordination (Art. 8, para. 4)

Financial competence for trade policy measures and measures to encourage the involvement of private sector resources (Art. 9 and 10)

More than 20 million francs

Federal Council

Federal Council

Federal Council

Federal Council

Federal Council

Federal Council

More than 10 million to 20 million francs

Federal Department of Foreign Affairs, with the concurrence of the Federal Department of Finance

Federal Department of Foreign Affairs, with the agreement of the Federal Department of Economics, Training and Research and the Federal Department of Finance

Federal Department of Economics, Training and Research, with the concurrence of the Federal Department of Foreign Affairs and the Federal Department of Finance

Federal Department of Foreign Affairs, with the agreement of the Federal Department of Economics, Training and Research and the Federal Department of Finance

Federal Department of Economics, Training and Research, with the concurrence of the Federal Department of Foreign Affairs and the Federal Department of Finance

Federal Department of Economics, Training and Research, with the concurrence of the Federal Department of Finance

Up to 10 million francs

DDC

DDC

SECO

DDC, with the agreement of SECO

SECO, with DDC agreement

SECO


1 New content according to the c. II of the O of 15 Feb 2012, in force since 1 Er Apr 2012 ( RO 2012 931 )


Status June 15, 2015

Annex 2 1

(art. 16)

Financial competence in the field of humanitarian aid

Commitments Amount

Financial competence for humanitarian assistance measures (including disaster relief measures abroad)

More than 20 million francs

Federal Council

More than 10 million to 20 million francs

Federal Department of Foreign Affairs, with the concurrence of the Federal Department of Finance

Up to 10 million francs

DDC


1 New content according to the c. II of the O of 15 Feb 2012, in force since 1 Er Apr 2012 ( RO 2012 931 )


Status June 15, 2015