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RS 981 Federal Act of March 21, 1980 on Claims Abroad

Original Language Title: RS 981 Loi fédérale du 21 mars 1980 sur les demandes d’indemnisation envers l’étranger

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981

Federal Law on Claims Abroad

21 March 1980 (State on 13 June 2006)

The Swiss Federal Assembly,

See art. 8 of the Constitution 1 , given the message of the Federal Council of 17 September 1979 2 ,

Stops:

Art. 1 Goals

This Law regulates

A.
The procedure applicable to the determination of claims for compensation which the Confederation may assert, in accordance with international law, by reason of infringements by foreign States of the interests of natural and legal persons Swiss;
B.
The execution of the compensation agreements relating thereto.
Art. 2 Determination of Claims

1 In order to enable it to claim compensation, the Federal Department of Foreign Affairs may, by way of a public appeal, invite the persons concerned to announce their claims; it may fix a time limit.

2 It determines whether the applicants fulfil the personal and material conditions enabling the Confederation to submit a claim for compensation in negotiations with foreign states; its decision does not prejudge the one that will be Consideration of compensation (s. 5, para. 3). ... 1

3 The Federal Council may waive the use of cases of minimal importance.

1 Phrase repealed by c. 149 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 (RS 173.32 ).

Art. 3 1 Commission

The Federal Council establishes a "Commission d' Allowances étrangères" (the commission), composed of representatives of the federal government and other experts.

1 New content according to the c. 149 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 (RS 173.32 ).

Art. 4 Execution of compensation agreements

1 The Federal Council may instruct the Commission to execute the compensation agreements.

2 If special circumstances so require, the Federal Council may also entrust this execution to other authorities. The provisions of this Act and its order of execution 1 Are then applicable by analogy.

1 RS 981.1

Art. 5 Tasks of the Commission

1 With a view to the execution of an indemnity agreement, the Commission may invite, by means of a public appeal, the persons concerned to announce their claims; it may set a time limit for foreclosure.

2 It may waive the obligation to announce the persons whose claims have been submitted and included in the negotiations with the foreign states, in accordance with the procedure laid down in Art. 2.

3 It shall determine whether the applicants fulfil the personal and material conditions to which the award of compensation is subject; it shall assess the damage and allocate the compensation between the entitled persons.

4 The Federal Council may entrust the Committee with other tasks relating to the settlement of claims abroad or in connection with similar benefits.

Art. 6 Applicable law

The Commission shall execute the compensation agreements in accordance with the provisions of these and other provisions of federal law and in accordance with the general principles of international law.

Art. 7 1

1 Repealed by c. 149 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 (RS 173.32 ).

Art. 8 Appeal procedure

1 The applicant or the applicant is not a party and has no right of appeal against decisions affecting the claims of other persons.

2 The Federal Department of Foreign Affairs has the right to use it. 1

3 The grievance of the opportunity cannot be invoked.

4 And 5 ... 2

1 New content according to the c. 149 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 (RS 173.32 ).
2 Repealed by c. 149 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 (RS 173.32 ).

Art. Special provisions applicable to cases of minimal importance

The Commission may

A.
Waive the right to applications of minimal importance;
B.
Establish uniform allowances for certain categories of cases of minimal importance;
C.
Treat certain categories of cases of minimal importance, according to a summary procedure derogating from the Federal Act of 20 December 1968 on the administrative procedure 1 .

1 RS 172.021

Art. 10 Administrative and judicial assistance

In order to establish the facts, the authorities of the Confederation and the cantons, as well as the institutions carrying out administrative tasks, are obliged to grant free administrative and judicial assistance during the course of the Determination of claims and the execution of compensation agreements.

Art. 11 Executing

The Federal Council is responsible for the implementation of this Act. It lays down the implementing provisions relating thereto.

Art. 12 Amendment and repeal of the earlier right

1 Federal Law of 16 December 1943 on judicial organization 1 Is amended as follows:

Art. 99, let. I

...

2 Are repealed:

A.
The Federal Order of 21 December 1950 establishing a Commission on Nationalization Allowances and a Board of Appeal 2 ;
B.
Art. 7 and 8 of the Federal Order of 13 June 1957 concerning extraordinary assistance to Swiss abroad and repatriated victims of the war between 1939 and 1945 3 .

1 [RS 3 521; 1948 473 art. 86, 1955 893 art. 118, 1959 931, 1969 757 art. 80 let. B 787, 1977 237 ch. II 3 862 art. 52 hp. 2 1323 hp. III, 1978 688 art. 88 Ch. 3 1450, 1979 42, 1980 31 ch. IV 1718 art. 52 hp. 2 1, 1982 1676 Annex c. 13, 1983 1886 art. 36 hp. 1, 1986 926 art. 59 ch. 1, 1987 226 Ch. II 1 1665 c. II, 1988 1776 Annex c. II 1, 1989 504 art. 33 let. A, 1990 938 hp. III al. 5, 1992 288, 1993 274 s. 75 hp. 1 1945 Annex c. 1, 1995 1227 Annex, c. 3 4093 Annex c. 4, 1996 508 art. 36 750 art. 17 1445 annex, c. 2 1498 Annex c. 2, 1997 1155 Annex c. 6 2465 appendix c. 5, 1998 2847 Annex, c. 3 3033 Annex c. 2, 1999 1118 Annex c. 1 3071 ch. I 2, 2000 273 Annex, c. 6 416 hp. I 2,505 c. I 1 2355 Annex c. 1,2719, 2001 114 ch. I 4,894 art. 40 ch. 3 1029 art. 11 para. 2, 2002 863 art. 35 1904 art. 36 hp. 1 2767 c. II 3988 annex, c. 1, 2003 2133 Annex c. 7 3543 Annex c. II 4 let. A 4557 Annex c. II 1, 2004 1985 Annex c. II 1 4719 annex, c. II 1, 2005 5685 Annex, c. 7. RO 2006 1205 art. 131 al. 1].
2 [RO 1951 367]
3 RS 983.1

Art. 13 Transitional Provision

The tasks of the Commission for the aid of the Swiss foreign victims of war and those of the Appeals Board under the Federal Order of 13 June 1957 1 Now the Foreign Allowances Commission and the Foreign Allowance Appeals Board 2 .

1 RS 983.1
2 Currently "at the Federal Administrative Tribunal".

Art. 14 Referendum and entry into force

1 This Law shall be subject to the optional referendum.

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


Date of entry into force 1 Er January 1981 3

RO 1980 1819

1 [RS 1 3]
2 FF 1979 II 1145
3 ACF of 1 Er Dec. 1980 (RO 1980 1822)

Status on 13 June 2006