(art. 8, para. 1, LOGA)

¹ The federal government consists of the central federal government and the decentralized federal government.

² Persons or organizations governed by public law or private law established by law that provide benefits consisting essentially of benefits with a monopoly character or who carry out surveillance tasks Economic or security surveillance is part of the decentralized federal administration.

³ Organizations or persons outside the administration who perform the administrative tasks referred to in Art. 2, para. 4, LOGA and whose benefits consist essentially of proposed services on the market are not part of the federal government. This also applies to organizations or persons of private law who receive financial assistance or compensation within the meaning of s. 3 of the Act of 5 October 1990 on subsidies ¹ Or in which the Confederation has a minority interest.

(art. 2, para. 1 and 2, 43 and 44 LOGA)

¹ The central federal government includes:

A.

Departments and the Federal Chancellery;

B.

The general secretariats of the departments and other subdivisions of the department;

C.

Clusters;

D. ¹

Offices and their subdivisions.

² The administrative units referred to in para. 1, let. C and d may carry another name.

³ The administrative units referred to in para. 1, let. B to d, are subordinate to a department. They are bound by the instructions given by the department.

⁴ Offices can be grouped together if the management of a department is improved.

(art. 2, para. 3, LOGA)

¹ The decentralized federal administration includes four categories of units:

A.

The extra-parliamentary commissions referred to in s. 57 A LOGA;

B.

Administrative units without legal personality that have become self-sufficient at the organisational level after having been detached from administration by law;

C.

Corporations, foundations and public law institutions established by law that have become legally self-governing, provided that their benefits do not essentially consist of services provided on the market;

D.

The public limited-liability companies in which the Confederation holds the majority of the capital or of the votes, provided that their services do not essentially consist of services supplied on the market.

² The administrative units referred to in para. 1, let. A and b, perform their duties without any instructions, except as otherwise provided by law.

Within the limits of the law, units of the decentralized federal administration are connected:

A.

The Federal Chancellery or a department; and

B.

One of the categories of units defined in Art. 7 A , para. 1.

¹ Appendix 1 provides a complete list of the units that follow and the department to which they are attached:

A.

Units of the central federal administration, without the subdivisions of the offices;

B.

Units of the decentralized federal administration, with the exception of the extra-parliamentary commissions.

² See Appendix 2 for a complete list of extrapartal commissions and the department to which they are attached.

¹ The extra-parliamentary committees are advisory committees or decision-making committees, depending on the functions they perform.

² Advisory committees provide advice and prepare projects.

³ Decision-making committees have decision-making authority.

¹ Any person who meets the conditions of engagement by the federal government may be appointed as a member of an extra-parliamentary commission.

² There is no age limit. ¹

¹ Any extra-parliamentary committee must consist of at least 30 % men and at least 30 % women. The ultimate goal is to achieve parity.

² If the proportion of men or women is less than 30 %, the Federal Chancellery asks the competent department to justify it in writing.

¹ Any extra-parliamentary committee must be composed, if possible, of German-speakers, French-speakers and Italian-speakers. A Romansh language person is desirable.

² If there is no German-speaking, French-speaking or no Italian-speaking Commission, the Federal Chancellery asks the competent department to justify it in writing.

¹ Exceeding the maximum number of members of a parliamentary committee provided for by law shall be authorised only on an exceptional basis and must be justified.

² An overrun is justified in particular in the following cases:

A.

Merger of several commissions;

B.

Impossibility of achieving a balanced composition without increasing the membership;

C.

The need to integrate the various stakeholders more broadly as a result of the importance of the area covered by the Committee.

¹ Any extra-parliamentary committee is established by a decision of the Federal Council.

² In particular, the act of institution must:

A.

Justify the need to set up the committee and define its mission in detail;

B. ¹

...

C. ²

Indicate the number of members of the committee and, if so, why the maximum number of members required by law has been exceeded;

D. ³

...

E.

Resolve the organization of the commission;

F.

Determine how the Commission will report on its activities and inform the public;

G.

Set the rules for confidentiality;

G ^Bis . ⁴

Indicate to which type of commission the commission is responsible for determining the amount of compensation under s. 8 N And 8 P And Annex 2;

H.

Define the rights granted to the Confederation for the use of documents and procedures developed by the Commission if they are protected by copyright;

I.

To settle, where appropriate, the reports of the committee with the cantons, parties and other organisations;

J. ⁵

Attach the committee to the competent authority (Department or Federal Chancellery) and designate the administrative unit responsible for the secretariat of the committee.

K. ⁶

Indicate the service that provides funding to the Commission;

L. ⁷

Resolve the Commission's right to request information from the administration.

The Federal Council appoints the members of the committees. It determines the function they occupy if it does not result from any special provision on the organisation of the committee.

¹ In its appointment decision, the Federal Council may provide for a waiting period for members of committees with supervisory or regulatory functions if it is to be expected that after their departure from the commission, the recovery An activity with an employer or principal in the monitored or regulated area leads to a conflict of interest.

² In particular, there is a conflict of interest where:

A.

This activity could adversely affect the credibility and reputation of the relevant Commission or the Confederation;

B.

In one way or another, the influence of the member of the committee on decisions or its access to information may suggest that it is no longer impartial when a change is made to an employer or a principal of the monitored domain, or Regulated.

³ The waiting period shall be at least six months and not more than twelve months.

⁴ An allowance may be agreed upon for the waiting period. Based on the economic damage expected in each case, it corresponds to the current allowance, net of all income, allowances and benefits received during that period.

⁵ Any person who receives a waiting period allowance shall be required to report the income, allowances and benefits received during that period to the competent department.

⁶ Reimbursable waiting time allowances must be reimbursed.

¹ The members of the commissions indicate:

A.

Their professional activities;

B.

Their duties in executive, supervisory, advisory or other bodies in Swiss or foreign companies, institutions or foundations, private law or public law;

C.

The advisory or expert functions they perform on behalf of the services of the Confederation;

D.

The permanent management or advisory functions carried out on behalf of Swiss or foreign interest groups;

E.

The functions they perform in other bodies of the Confederation.

² Professional secrecy within the meaning of the Criminal Code ² Is reserved.

³ The members of the committees shall immediately communicate any changes in their interests arising during their term of office to the relevant department. The latter updates the directory referred to in s. 8 K. ³

⁴ The Federal Council may revoke members who fail to report all their interests or communicate changes that have occurred during their term of office while the competent authority has asked them to do so. ⁴

¹ The members of the committees may use the non-public information which they are aware of in the course of their activity in the committee only in relation to the exercise of that activity.

² In particular, they cannot use the information mentioned in para. 1 in order to gain an advantage for themselves or for others.

¹ Members of the extra-parliamentary committees are appointed for four years. Their mandate coincides with the legislature of the National Council. It starts on 1 ^Er January and ends on December 31. ¹

² The term of office of members appointed during the parliamentary term ends at the end of the term.

¹ The Federal Council shall undertake the full renewal of the extra-parliamentary committees at the end of their term of office.

² This renewal is coordinated by the Federal Chancellery. It lays down guidelines for this purpose and communicates them to the Management Committees of the Federal Chambers.

³ The Federal Chancellery reports to the Federal Council for the Federal Chambers on the new composition of the extra-parliamentary committees.

¹ The term of office of members of the extra-parliamentary committees shall be limited to twelve years, ending at the end of the calendar year.

² In duly motivated cases, the Federal Council may extend the term of office to sixteen years.

³ The terms of office of the employees of the Confederation without which extra-parliamentary committees are unable to fulfil their duties or whose membership is foreseen ex officio by another act is unlimited.

¹ Each extra-parliamentary committee has a secretariat managed by a unit of the central federal government.

² The Chief and staff of the Secretariat shall be subject to staff law applicable to staff of the Central Federal Government.

³ The special provisions or the act of contrary institution shall be reserved.

The committees which, in accordance with their act of institution, inform the public without referring to their competent authority shall ensure that they express themselves with reservations on political matters.

¹ The Federal Council appoints:

A.

The board of directors or institute council of the institutions of the Confederation;

B.

Representatives of the Confederation in public law organisations;

C.

Representatives that the Confederation has the right to delegate to private law organizations under s. 762 of the Code of Obligations ¹ Or those to be elected by the General Assembly.

² The Federal Council sets out for each organisation a profile of the personal and technical competences to which representatives must respond. It is based on this profile to name them.

¹ In its appointment decision, the Federal Council may provide for a waiting period for members of the boards of directors or institute of the institutions of the Confederation carrying out supervisory or regulatory functions if necessary Expect that after their departure from the board, an immediate resumption of an activity with an employer or principal in the monitored or regulated area leads to a conflict of interest.

² In particular, there is a conflict of interest where:

A.

This activity could adversely affect the credibility and reputation of the institution concerned or the Confederation;

B.

In one way or another, the influence of the board member on decisions or his/her access to information may suggest that he is no longer independent in a change with an employer or a principal in the field being monitored; or Regulated.

³ Art. 8 E ^Ter , para. 3 to 6, applies mutatis mutandis.

¹ The Federal Chancellery publishes online, in collaboration with the departments, a directory of members of the extra-parliamentary committees, members of the governing bodies of the institutions of the Confederation and representatives of the Confederation in public or private law organisations.

² The directory contains the following data on the persons referred to in para. 1:

A.

First and last name;

B.

Sex;

C.

Mother tongue;

D.

Year of birth;

E.

Title;

F. ¹

...

³ It also contains the interests of members of the extra-parliamentary committees.

⁴ The data are available online as soon as the person is appointed as a member of the commission and until the person leaves the commission.

⁵ A history of data can be established for statistical purposes.

Any person appointed as a member or alternate member of an extra-parliamentary committee shall, for his or her activity in that commission, be paid the compensation provided for in this section.

To determine the amount of compensation, the decision-making commissions and advisory committees are divided into two groups:

A.

Politico-social commissions include commissions that provide support to the Federal Assembly, the Federal Council and the federal government, and deal primarily with political-social issues;

B.

Market monitoring committees include committees that monitor or support the functioning of a market in a decisive manner.

¹ In order to determine the amount of compensation, the political-social commissions are divided into three groups according to the knowledge required by their members and the activities they carry out:

A.

S3 committees include committees whose activities require expert confirmed competence in a specific field, in particular when their members are to be recognised authorities in the field dealt with by the committee. Possess knowledge that cannot be acquired in a short period of time;

B.

The commissions of type S2 include commissions whose activities require general knowledge in a technical field and which have a sovereign power of decision;

C.

Type S1 commissions include commissions whose activities require extensive general knowledge in a technical field and provide advice.

² The distribution of the political-social commissions between the three groups is set out in Annex 2, c. 1. ¹

¹ Members and alternate members of a political and social committee shall receive a daily allowance for their activities in the committee.

² The amount of the allowance shall be set out in Annex 2, c. 1. It is for the Vice-Chair and for the other members of the Commission. ¹

³ The President receives a supplement of 25 % on the amount of the allowance. The competent authority may, however, on an exceptional basis and if an increase is justified, grant it a supplement equivalent to a maximum allowance.

^3bis If special provisions or the act of institution of the committee provide that the members of the committee must be independent of the branch whose activities fall within the competence of the committee and where that obligation Of independence considerably restricts a member in the exercise of his professional activities, the competent authority may

A.

Pay a supplement of up to 50 % on the amount of the compensation; if the chairman of the commission is concerned, it shall take into account the supplement it receives under para. 3, or

B.

To pay to the member, in addition to his daily allowance, a package intended to compensate for this restriction in an appropriate manner; the packages paid are presented and justified in the report on the full renewal of the committees Extraparillates in accordance with s. 8 H , para. 3. ²

⁴ If a member of a committee is required to devote more time than regular meetings and inspections to the study of files, the preparation of reports or the preparation of presentations, the competent authority may grant it each year. A supplement of up to sixteen allowances. If a mandate under special provisions requires additional work, the competent authority may, as the case may be, authorize the granting of more than sixteen allowances. The allowances paid in excess of the supplement of sixteen allowances shall be presented and justified in the report on the full renewal of the extra-parliamentary committees in accordance with Art. 8 H , para. 3. ³

⁵ If a member of a commission is to leave his or her home on the day before a sitting or if he or she cannot return to the home the following day, the competent authority shall grant him a half compensation for that day.

⁶ No person may receive more than one compensation for the same day, even if he or she has engaged in activities of various types or accounted for separately.

⁷ The amount of the allowance is not appropriate for the increase.

¹ In order to determine the amount of the allowance, the market monitoring commissions are divided into four groups according to the scope of their work:

A.

The committees of type M3 bring together the committees whose work has an impact on the economy as a whole;

B.

Commissions of type M2/A include committees whose work has an influence on a branch as a whole;

C.

The committees of type M2/B include the committees whose work has an influence on the whole of a branch, which supports the functioning of a market without exercising supervision over its operation;

D.

Type M1 committees include committees whose work has an influence on a part of a branch or that carries out arbitration functions.

² The distribution of market monitoring commissions between the four groups is set out in Annex 2, c. 2. ¹

¹ Members of a market monitoring committee shall receive a flat-rate allowance for their activities in the committee.

² The amount of the allowance shall be set out in Annex 2, c. 2. Within the framework of this amount and the following provisions of this Article, the Federal Department of Economics, Training and Research ¹ Can provide for differentiated regulation of compensation for the Commission for technology and innovation. ²

³ It covers all costs, with the exception of those subject to reimbursement.

⁴ It is calculated for a full-time position based on 220 working days per year. For part-time positions, the occupancy rate is defined in the appointment decision if it does not result from the organization of the commission. ³

⁵ It is not suited to higher prices.

¹ The reimbursement of expenses incurred by members and alternate members of the extra-parliamentary committees shall be governed by the provisions applicable to the staff of the Confederation.

² If the participation in the work of the committee is a special charge for one of the members because it has to organise the care of a child or a person in need of care, he may request the reimbursement of his expenses to the The competent authority. ¹

¹ Members and alternate members of the extra-parliamentary commissions who are employed by a unit of the central or decentralized federal government shall not receive any compensation.

² The competent authority may authorise exceptions where the person is not a member of the commission as an employee of the Confederation.

³ The allowances for service travel, meals and nights shall be governed by the provisions applicable to the staff of the units concerned.

Members of the extrapartal committees shall be compensated on the basis of the only amounts applicable to their commission. They do not receive any other compensation for all activities related to their mandate.

(art. 3 LOGA)

The federal government acts on the basis of federal law as well as the objectives and priorities set by the Federal Council. In particular, it observes the following principles:

A.

Identifying in time the areas where action is to be taken, setting accordingly the objectives to be achieved, the strategy to be followed and the measures to be taken;

B.

Orders its activities taking into account the importance and urgency of the business;

C.

It delivers its benefits in a way that meets citizens' expectations, from a sustainable perspective, in an efficient and cost-effective manner.

(art. 8, 35 and 36 LOGA)

¹ At all levels, management is guided by the following principles:

A.

Negotiates objectives and results to be achieved;

B.

It carries out periodic assessments of the benefits of administrative units and employees;

C.

Adapting procedures and the organization to new needs in a timely manner;

D.

It uses the discretion it has, exercises its decision-making powers and enables its employees to do the same in their field;

E.

Encourages openness and readiness for change;

F.

Ensures that the activity is results-oriented and takes into account the interdisciplinary dimension of business.

² In addition, the personnel legislation and the guiding principles of personnel policy, as enacted by the Federal Council, are applicable.

(art. 47, para. 1, LOGA)

¹ Decision-making jurisdiction under s. 47, para. 1, LOGA is assigned according to the importance of a case.

² In general, the decision-making competence is attributed to the unit which has the political and material control of the domain. It is allocated to units below the Office only in exceptional cases, which are duly justified.

³ Exceptionally, a case is submitted to the superior unit for decision or to obtain instructions if its particular importance or complexity so requires.

¹ Administrative units are required to work together. They help each other and inform each other.

² They coordinate their activities and ensure that they are consistent with the overall policy of the Federal Council.

³ They provide the other administrative units with the information necessary to carry out their legal duties.

¹ The administrative units ensure that all other units concerned are involved in the preparation of their decisions. ¹

² For this purpose, they invite them to take a position in writing, unless another act provides for another form of participation. ²

^2bis The relevant provisions applicable to the affairs of the Federal Council (art. (4) shall apply by analogy to the participation of the units concerned in the preparation of acts intended to contain rules of law. ³

³ If approval is required, the discrepancies should be eliminated by the administrative units concerned. In exceptional cases, they may request that the discrepancies be decided by the administrative units which are directly superior to them.

¹ Where a project of the Confederation affects essential cantonal or communal interests, the relevant department or the Federal Chancellery shall appropriately associate the relevant cantonal bodies and, where appropriate, the relevant cantonal or municipal bodies. Swiss umbrella associations of municipalities, towns and mountain regions.

² The essential interests referred to in para. In particular, 1 is affected when:

A.

The implementation of the project is wholly or partly the responsibility of cantonal or communal bodies and requires considerable human or financial resources;

B.

Cantonal or communal bodies must be reorganised, or

C.

Cantonal or communal bodies must make essential changes to the law.

(art. 53 LOGA)

¹ The Conference of Secretaries-General is the supreme coordinating body. It ensures that the activity of the administration is forward-looking, effective and coherent. It shall ensure the participation of third parties or other bodies.

² It participates in the planning, preparation and execution of the affairs of the Federal Council, as well as the elimination of divergences.

(art. 6, para. 1, 25, para. 2, let. A, 32, let. A, 36, para. 1, 51 and 52 LOGA)

¹ The Federal Council sets the priorities and objectives for planning, as well as the means to be used.

² Government plans include:

A.

General planning for all areas of federal policy, such as the broad outlines of government policy under s. 18 and the annual objectives of the Federal Council under s. 19 (general material plans) as well as the financial plans provided for in the Federal Act of 6 October 1989 on the finances of the Confederation ¹ And by the Order of 11 June 1990 on the finances of the Confederation ² ;

B.

Specific plans for certain areas of Confederation policy or areas in these areas;

C.

Other schedules, if applicable.

³ The general material plans and financial plans must, as far as possible, be harmonised with regard to the timetable and the substance. The different sectors of activity are grouped into policy areas.

⁴ The Federal Chancellery shall prepare the general material plans provided for in para. 2, let. A. The Federal Finance Administration prepares the budget and the financial plan. For these purposes, they collaborate with departments.

⁵ The plans drawn up by the Federal Council or the departments are binding on the lower administrative units.

(art. 45 ^Bis Of the Act of 23 March 1962 on the relationship between the councils, LREC ¹ )

¹ The Outline of Government Policy outlines the general political direction of government activity during a parliamentary term.

² They take stock of the previous parliamentary term.

³ They set out the objectives and the results to be achieved, indicate the priority measures, as well as the areas in which the provision of state benefits must be reviewed or reduced.

(art. 51 LOGA)

¹ The annual objectives of the Federal Council specify the broad directions of government activity for the following year, determine the objectives to be achieved, and the measures to be taken and indicate the objects to be submitted to the Chambers Federal.

² The annual objectives form the basis of the Federal Council's business planning under s. 2, of the controlling under s. 21, monitoring under section 5 and submission of annual management report under s. 45 LREC ¹ .

(art. 51 LOGA)

¹ The departments and the Federal Chancellery align their annual objectives with government plans and submit them to the Federal Council for action.

² They report on their activity as part of the presentation of the annual management report of the Federal Council, in accordance with Art. 45 LREC ¹ .

¹ The controlling instrument is a steering tool at all levels to monitor the progress of the work in order to achieve the objectives.

² For its control, the Federal Council is assisted by the Federal Chancellery and the Federal Department of Finance (DFF). For these purposes, the Federal Chancellery and DFF work with other departments.

³ The departments are responsible for the control in their field. They ensure that their control is consistent with that of the Federal Council.

¹ The administrative units record their activities by ensuring the systematic management of records.

² The use of electronic business management systems is governed by the GEVER order of 30 November 2012 ² .

(art. 38 A LOGA)

¹ The departments or services they designate move from benefit agreements with their administrative units. These contain at least:

A.

The annual objectives of the Federal Council and the departments, in accordance with Art. 19 and 20;

B.

Other major projects with milestones and timelines;

C.

The benefit and outcome objectives of benefit groups, in general with the indicators and target values.

² There is no need to enter into a benefit agreement with:

A.

The Federal Chancellery;

B.

The Federal Data Protection and Transparency Plan;

C.

The Federal Game House Commission;

D.

The Federal Audit Office;

E.

The Price Monitor;

F.

The Competition Commission;

G.

The Swiss Security Investigation Service;

H.

The Federal Post Commission;

I.

The Board of Arbitration in the Railway Field;

J.

The Federal Commission on Electric;

K.

The Federal Communications Commission;

L.

The Independent Review Authority for Radio-Television.

(art. 38 A , para. 5, LOGA)

¹ The departments or services they designate determine when and in what form the administrative units are required to submit reports on the achievement of objectives and possible corrections.

² The Federal Finance Authority lays down guidelines for the examination of structures and sets the objectives of benefit groups in accordance with Art. 38 A , para. 5, LOGA.

¹ The Federal Chancellery is responsible, in collaboration with the departments, for the information of the Federal Assembly, the cantons and the public on the decisions and intentions of the Federal Council, as well as on the measures it takes. It ensures the necessary planning and develops the principles governing the communication policy of the Federal Council.

² The departments and the Federal Chancellery respond to information and communication in their field. They respect the general line of the Federal Council's communication policy. They regulate the information tasks of the units that are subordinate to them.

³ The Federal Chancellery shall be responsible, in cooperation with the Conference on the Information Services of the Confederation, for the coordination of information and communication; it may adopt instructions to that effect.

⁴ Where appropriate, the Federal Council may centralize information and communication with the President of the Confederation, the Federal Chancellery, a department or an administrative unit. The designated body shall have the right to give instructions.

(art. 8, para. 3 and 4, 36, para. 3, LOGA)

¹ Through monitoring, the Federal Council, departments and the Federal Chancellery ensure that the tasks set out in the constitution and laws are carried out.

² Supervision of the central federal government is complete. It shall be exercised in accordance with the principles laid down in Art. 11 and 12.

³ Monitoring exercised over decentralized federal administration, as well as on organizations and individuals under s. 2, para. 4, LOGA, is governed in respect of the subject matter, the scope and the principles, by the special legislation and depends on the degree of autonomy of the body concerned.

(art. 8, para. 3 and 4, LOGA)

¹ As an instrument of surveillance, control serves:

A.

To examine in depth specific issues that are highlighted by current events or shortcomings;

B.

Periodic review of specific sectors.

² As a general rule, the control of an administrative unit is entrusted to an independent body.

(art. 8, para. 3 and 4, 25, para. 2, let. C and d, 32, let. E, LOGA)

In the exercise of statutory control tasks, the Federal Council and the President of the Confederation shall be assisted by the Federal Chancellery. If there is a need for further discussion of an interdepartmental issue, a working group according to Art. 56 LOGA may be established or external consultants under s. 57 LOGA solicited.

(art. 5 LOGA)

¹ The administrative units shall periodically and systematically review their tasks, benefits, procedures and organisation by applying the criterion of necessity and the principles laid down in Art. 11 and 12; where appropriate, they provide the necessary adjustments and deletions.

² The Conference of Secretaries-General shall ensure coordination.

³ The Federal Finance Authority, with the assistance of the Conference of Secretaries General, coordinates the review under para. 1 and the examination provided for in s. 5 of the Act of 5 October 1990 on subsidies ² . ³

¹ The administrative inquiry is a special procedure of the control defined in Art. 25 and 26, which seeks to establish whether a state of fact requires an ex officio intervention to safeguard the public interest.

² It is not directed against specified persons. The disciplinary investigation provided for by s. 98 of the Order of 3 July 2001 on the personnel of the Confederation ¹ And criminal proceedings.

¹ An administrative inquiry should not interfere with a criminal investigation or an investigation by a parliamentary oversight body.

² Where a conflict of procedure is foreseeable, the authority that ordered the initiation of the investigation suspends or terminates the administrative investigation.

¹ The head of the department or the Chancellor of the Confederation ordered the opening of an administrative inquiry into the units that were subordinate to him. It may delegate this authority to units that are subordinate to it.

² The Federal Council orders the opening of an administrative inquiry if more than one department or department and the Federal Chancellery are concerned.

¹ Any administrative inquiry must be entrusted to individuals:

A.

Meet the criteria for their individual, professional skills and technical skills;

B.

Have no activity in the unit to be controlled, and

C.

In parallel, in the same case, a disciplinary investigation or other investigation under the law of the staff.

² The investigation may be carried out by persons outside the federal government. These persons act on behalf of the authority that ordered the initiation of the investigation.

³ The investigative body may, within the limits of its mandate, issue directives; it cannot issue a decision.

⁴ The provisions on recusal of s. 10 of the Federal Act of 20 December 1968 on the administrative procedure (PA) ¹ Are applicable by analogy.

¹ The authority that orders the initiation of the investigation shall give a written mandate. In particular, it determines:

A.

The purpose of the investigation;

B.

The appointment of the investigative body;

C.

The competence of the investigative body;

D.

The obligation to keep the secret;

E.

Allowances paid to the investigative body;

F.

The auxiliary means made available to the investigating body;

G.

The services to which the investigative body may appeal;

H.

Submission of reports;

I.

Deadlines to be respected.

² Existing parts must be provided with the mandate.

¹ The authority ordering the initiation of the investigation shall inform the administrative units concerned of the initiation of the investigation by indicating the reason, purpose and body responsible for the investigation.

² It lays down guidelines setting out the access and scrutiny rights of the investigative body and the obligation of the employees concerned to provide the requested information.

¹ In order to ascertain the facts, the investigating body carries out the administration of the evidence in accordance with Art. 12 PA ¹ The hearing of witnesses is not recognized in the administrative investigations.

² The authorities and employees of the Confederation affected by an administrative investigation are required to cooperate in the finding of the facts.

³ If, during the course of the investigation, it is required to request information covered by the secrecy of function to other departments or the Federal Chancellery, the investigating body shall, in advance, require the agreement of the head of the department concerned or Chancellor of the Confederation. In other cases, s. 14 is applicable.

⁴ The authorities and persons affected by an administrative investigation can consult all the documents which concern them and express themselves (art. 26 to 28 PA).

⁵ They have the right to be heard (art. 29 to 33 PA).

¹ Persons affected by an administrative investigation may be represented or assisted.

² The investigative body shall inform those who will be questioned that they may refuse to file if the disclosure of the facts of which they are aware is likely to expose them to criminal or disciplinary proceedings.

³ It informs people outside the federal government, who will be questioned, that they are free to refuse to testify.

Any administrative department called upon to disclose personal data to the investigative body shall ensure that the requirements set out in the Federal Law of 19 June 1992 on Data Protection ¹ Are completed.

¹ The investigative body shall provide all documents relating to the investigation to the authority having ordered the initiation of the investigation and submit a report to it.

² It sets out the progress and results of the investigation and makes proposals for the procedure to be followed.

³ The authority that ordered the initiation of the investigation informs the authorities and the persons affected by the investigation of the results of the investigation.

⁴ She decides on the follow-up to the investigation.

⁵ The results of an administrative inquiry may give rise to the opening of other procedures, in particular by the right of staff.

(art. 31, para. 3, 43 and 47 LOGA)

The Federal Council shall issue an ordinance on the organisation of each department and the Federal Chancellery. This order includes:

A.

The objectives, principles and decision-making powers of the department or the Federal Chancellery;

B.

The objectives, tasks and decision-making powers of the groups and offices;

C. ¹

The body of the department to which the decentralised administrative units are attached and, insofar as they are not defined in other provisions, the objectives, tasks and decision-making powers of those units.

(art. 37 and 43, para. 4, LOGA)

¹ The departments and the Federal Chancellery each give themselves an organisational set-up. These Regulations may include:

A.

The guiding principles of the department or the Federal Chancellery;

B.

The principles of the organisation of the department or the Federal Chancellery, provided that they are not defined in other provisions;

C.

Delegation of signing;

D. ¹

The use of groups and offices by external consultants.

² The responsible departments or the Federal Chancellery may adopt a common organisation regulation for inter-departmental tasks.

³ The organizational regulations are public, but are not published in the Official Code of Federal Law.

¹ The Federal Council, the Conference of Secretaries-General, the departments and the Federal Chancellery ensure the proper functioning of the administration by means of instructions and auxiliary documents.

² The instructions and supporting documents shall include:

A.

Preparation of the affairs of the Federal Council;

B. ¹

...

C.

The preparation of Federal Council messages and reports to the Federal Chambers;

D.

The preparation and preparation of federal legislation;

E.

The principles of the allocation of decision-making skills at the appropriate level;

F.

The preliminary phase of the legislative procedure, provided that it is not settled in the order of 17 June 1991 on the consultation procedure ² ;

G.

The use of resources, particularly in the areas of personnel, finance, informatics and logistics;

H.

The composition, appointment, mandates and procedures of staff, planning and coordination bodies, as well as their relationship with the rest of the administration;

I.

The federal government's relations with the foreign country;

J.

Ancillary commercial activity of the administrative units;

K.

Records management;

L.

The authority to regulate only the affairs of the President of the Confederation under s. 26, para. 4, LOGA;

M.

The coordination of information and communication.

¹ In their field, departments and the Federal Chancellery decide on authorisations for a foreign state to carry out acts which are the responsibility of the public authorities, provided for in Art. 271, c. 1, of the Penal Code ¹ .

^1bis Authorizations under s. 22 of the Federal Decree of 21 December 1995 on cooperation with international tribunals charged with the prosecution of serious violations of international humanitarian law ² Are granted by the Federal Office of Justice. ³

² Cases of major political or other importance must be submitted to the Federal Council.

³ Decisions shall be communicated to the Public Ministry of the Confederation and to the departments concerned. ⁴

The Order of the Federal Council of July 7, 1971, giving authority to departments and the Federal Chancellery to grant authorization under s. 271, c. 1, of the Penal Code ¹ Is repealed.

¹ This Order comes into force, subject to para. 2, 1 ^Er January 1999.

² Art. 26 and 27 enter into force at the same time as the order of 5 May 1999 on the organisation of the Federal Chancellery ¹ .