Administrative Procedure Act (APA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
A. Jurisdiction
I. Assessment
Art. 7
1 The authority shall assess its jurisdiction ex officio. 2 The establishment of jurisdiction by agreement between the authority and the party is not permitted.
II. Referral and exchange of views
Art. 8
1 An authority that regards itself as not having jurisdiction shall refer the matter without delay to the competent authority. 2 If an authority regards its jurisdiction as doubtful, it shall immediately enter into an exchange of views with the authority which it considers to have jurisdiction.
III. Disputes
Art. 9
1 An authority that regards itself as having jurisdiction shall confirm this in a ruling if a party contests its jurisdiction. 2 An authority that regards itself as not having jurisdiction shall issue a ruling that the matter is inadmissible if a party claims that it has jurisdiction. 3 Jurisdictional conflicts between authorities, with the exception of jurisdictional conflicts with the Federal Supreme Court, the Federal Administrative Court or with cantonal authorities, shall be decided by the joint supervisory authority, or in the absence of such, the Federal Council.
Para. 3 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
B. Recusal
Art. 10
1 Persons who are responsible for preparing or issuing a ruling shall recuse themselves from the case, if they: a. have a personal interest in the matter; b. are related to a party either by marriage or registered partnership or by being the cohabitee of that party; [tab] bbis. are related to a party by blood or by marriage in a direct line or collaterally to the third degree; c. are the representative of a party or if they have acted for a party in the same matter; d. could be regarded for other reasons as lacking impartiality in the matter. 2 In the event of any dispute over withdrawal, the supervisory authority shall decide, or if the dispute relates to the recusal of a member of a collegial authority, then the board shall decide in the absence of the member concerned.
Para. 1 let. b — Amended by Annex No 5 of the Same-Sex Partnerships Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). Para. 1 let. tab — Inserted by Annex No 5 of the Same-Sex Partnerships Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
C. Representation and legal assistance.
I. In general
Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465).
Art. 11
1 At any stage in the procedure, a party may, if he is not required to act personally, be represented, or, provided the urgency of an official investigation does not preclude it, be assisted by legal counsel. 2 The authority may require the representative to provide a written power of attorney. 3 As long as the party does not revoke the power of attorney, the authority shall address any communications to the representative.
Para. 1 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
II. Mandatory representation
Art. 11a
1 If more than 20 parties appear in a case with joint or individual submissions in order to assert the same interests, the authority may demand that they appoint one or more representatives to act on their behalf in the procedure. 2 If this demand is not complied with within a reasonable period, then the authority shall itself appoint one or more representatives. 3 The provisions on the reimbursement of the representation costs in appeal proceedings are applicable in an analogous manner to the costs of such representation. The party against whom the submissions are directed must make a payment to account towards the costs of official representation if ordered to do so by the authority.
Art. 11a — Inserted by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465).
III. Address for service
Art. 11b
1 Parties who make an application in proceedings must indicate their place of residence or registered office to the authority. If they live abroad, they must indicate an address for service in Switzerland, unless international law or the competent foreign body permits the authority to serve documents directly in the state concerned. 2 The parties may also indicate an electronic mail address and declare that they consent to service by electronic mail. The Federal Council may provide that for electronic mail service further details of the parties are required.
Art. 11b — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 1 — Second sentence amended by Annex No 1 of the FD of 28 Sept. 2018 on the Approval and Implementation of European Convention No 94 on the Service Abroad of Documents relating to Administrative Matters, in force since 1. April 2019 (AS 2019 975; BBl 2017 5947).
D. Establishing of the facts of the case
I. Principles
Art. 12
The authority shall establish the facts of the case ex officio and obtain evidence by means of the following: a. official documents; b. information from the parties; c. information or testimony from third parties; d. inspection; e. expert opinions.
II. Cooperation by the parties
Art. 13
1 The parties are obliged to cooperate in establishing the facts of the case: a. in proceedings that are initiated on their own application; b. in any other proceedings in which they make their own independent applications; c. if they are subject to a more extensive duty to provide information or duty of disclosure under another federal act. 1bis The cooperation obligation does not extend to the handover of items and documents used in communications between a party and his or her lawyer provided the lawyer is entitled to represent clients before the Swiss courts in accordance with the Lawyers Act of 23 June 2000. 2 The authority shall not be required to consider an application in terms of paragraph 1 letter a or b if the parties refuse to provide the required and reasonable cooperation.
Para. 1bis — SR 935.61 Para. 1bis — Inserted by No I 2 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Lawyers’ Professional Secrecy, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).
III. Examination of witnesses
1. Jurisdiction
Art. 14
1 If it is not possible to establish the facts of the case sufficiently in any other way, the following authorities may order the examination of witnesses: a. the Federal Council and its departments; b. the Federal Office of Justice of the Federal Department of Justice and Police; c. the Federal Administrative Court; d. the competition authorities in terms of the Cartels Act of 6 October 1995; e. the Swiss Financial Market Supervisory Authority; f. the Federal Audit Oversight Authority; g. the Federal Tax Administration, h. the Federal Arbitration Commission for the Exploitation of Copyrights and Related Rights. 2 The authorities mentioned in paragraph 1 letters a, b, d–f and h shall instruct a suitably qualified public official to examine the witnesses. 3 The authorities mentioned in paragraph 1 letter a may authorise persons outside an authority that has been instructed to conduct an official investigation to examine the witnesses.
Para. 1 let. b — Term according to unpublished Federal Council Decree of 19 Dec. 1997. Para. 1 let. c — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 1 let. d — Inserted by Annex No 2 of the Cartels Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546; BBl 1995 I 468). Para. 1 let. d — SR 251 Para. 1 let. e — Inserted by Annex No 2 of the Financial Market Supervision Act of 22 June 2007,
2. Duty to testify
Art. 15
Everyone is obliged to testify.
3. Right to refuse to testify
Art. 16
1 The right to refuse to testify is governed by Article 42 paragraphs 1 and 3 of the Federal Act of 4 December 1947 on Federal Civil Procedure (FCP). 1bis The mediator is entitled to refuse to testify on matters that have come to his attention in the course of his activities in terms of Article 33b. 2 A person who has knowledge of a professional or trade secret in terms of Article 42 paragraph 2 FCP may the refuse to testify unless he is required to testify by another federal act. 3 ...
Para. 1 — SR 273 Para. 1bis — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 3 — Repealed by No I 1 of the FA of 23 June 2000 on the Amendment of Federal Legislation in order to guarantee the Protection of Journalistic Sources, with effect from 1 Feb. 2001 (AS 2001 118; BBl 1999 7966).
4. Other obligations of witnesses
Art. 17
Any person who may be examined as a witness must also cooperate in the gathering of other evidence; in particular he must hand over any documents that are in his possession. Article 51a FCP is reserved.
SR 273 Second sentence inserted by No I 2 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Lawyers’ Professional Secrecy, in force since 1 May (AS 2013 847; BBl 2011 8181).
5. Rights of the parties
Art. 18
1 The parties have the right to attend the examination of witnesses and to ask supplementary questions. 2 To safeguard essential public or private interests, the witnesses may be examined in the absence of the parties, who may also be refused the right to inspect the transcript of the examination. 3 If they are refused the right to inspect the transcript of the examination, Article 28 applies.
IV. Supplementary provisions
Art. 19
Articles 37, 39–41 and 43–61 FCP also apply by analogy to the procedure for obtaining evidence; in place of the penalties that the FCP provides for defaulting parties or third parties, the penalties in Article 60 of this Act apply.
SR 273
E. Periods
I. Calculation
Art. 20
1 If a period is calculated in days and if notice thereof must be given to the parties, it begins to run from the day following that day on which notice is given. 2 If no notice need be given to the parties, the period begins on the day following the day on which it is triggered. 2bis A notice that may only be served against the signature of the addressee or of another authorised person is deemed to have been served at the latest on the seventh day following the first unsuccessful attempt at service. 3 If the last day of the period is a Saturday, a Sunday or a public holiday recognised under federal or cantonal law, the period ends on the next working day. The law of the canton in which the party or its representative is resident or has its registered office is authoritative.
Para. 2bis — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 3 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
1. In general
Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 21
II. Compliance 1 Written submissions must be filed with the authority or consigned for delivery to swiss Post or a Swiss diplomatic or consular mission at the latest on the last day of the period. 1bis Written submissions to the Federal Institute of Intellectual Property may not be validly filed via a Swiss diplomatic or consular mission. 2 If the party files the submission in time but with an authority that is not competent, the period is deemed to have been complied with. 3 The period allowed for an advance payment to be made is complied with if the payment in favour of the authority is made in time to Swiss Post or if a postal or bank account in Switzerland is debited.
Para. 1 — Now: Swiss Post. Para. 1bis — Term according to unpublished Federal Council Decree of 19 Dec. 1997. This amendment has been taken into account throughout this Act. Para. 1bis — Inserted by No II of the FA of 17. Dec. 1976 on the Amendment of the FA on Patents for Inventions, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 3 — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
2. Electronic mail service
Art. 21a
1 Submissions may be sent to the authority electronically. 2 The submission must be furnished with a qualified electronic signature of the party or its representative in accordance with the Federal Act of 18 March 2016 on Electronic Signatures. 3 For compliance with a deadline, the decisive time is that when the receipt was issued confirming that all procedural steps required of the party or its representative for transmission have been completed. 4 The Federal Council shall regulate: a. the format of the submission and its accompanying documents; b. the form and method of transmission; c. the requirements by which documents may be re-submitted on paper in the event of technical problems.
Art. 21a — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005 (AS 2006 2197; BBl 2001 4202). Amended by Annex No II 1 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001). Para. 2 — SR 943.03
III. Extension
Art. 22
1 A statutory period may not be extended. 2 A period fixed by an authority may be extended where there are reasonable grounds provided the party requests the extension before expiry of the period.
IIIa Legal holidays
Art. 22a
1 Statutory or official periods that are stipulated in days do not run: a. from the seventh day before Easter up to and including the seventh day after Easter; b. from 15 July up to and including 15 August; c. from 18 December up to and including 2 January. 2 Paragraph 1 does not apply in proceedings relating to: a. the granting of suspensive effect and other precautionary measures; b. public procurement.
Art. 22a — Inserted by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465). Para. 1 let. c — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2 let. b — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, (AS 2006 2197 1069; BBl 2001 4202). Amended by Annex 7 No II of the FA of 21 June 2019 on Public
IV. Consequences of non-compliance
Art. 23
The authority that fixes a period shall at the same time indicate the consequences of the failure to comply with that period; in the event of non-compliance, only the consequences indicated shall apply.
V. Reinstatement
Art. 24
1 If the applicant or his representative is prevented through no fault of his own from acting before the expiry of the period, the period shall be reinstated provided he requests the same stating the reasons therefor within 30 days of the discontinuation of the impediment and carries out the legal act required; Article 32 paragraph 2 is reserved. 2 Paragraph 1 does not apply to periods that must be complied with in patent cases before the Federal Institute of Intellectual Property.
Para. 1 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2 — Inserted by No II of the FA of 17 Dec. 1976 on the Amendment of the FA on Patents for Inventions, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
F. Declaratory procedure
Art. 25
1 The authority competent in the matter may, ex officio or on application, issue a declaratory ruling on the existence, the non-existence or the extent of public law rights or obligations. 2 The application for a declaratory ruling must be granted if the applicant demonstrates an interest that is worthy of protection. 3 No party may be prejudiced by acting in justified reliance on a declaratory ruling.
Fbis. Ruling on real acts
Art. 25a
1 Any person who has an interest that is worthy of protection may request from the authority that is responsible for acts that are based on federal public law and which affect rights or obligations that it: a. refrains from, discontinues or revokes unlawful acts; b. rectifies the consequences of unlawful acts; c. confirms the illegality of such acts. 2 The authority shall decide by way of a ruling.
Art. 25a — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
G. Inspection of files
I. Principles
Art. 26
1 The party or his representative has the right to inspect the following files relating to his case at the offices of the authority issuing the ruling or of a cantonal authority that it designates: a. submissions from parties and the comments made thereon by the authorities; b. any documents serving as evidence; c. copies of rulings already issued. 1bis The authority may make the documents available for inspection electronically provided the party or his representative is in agreement. 2 The authority issuing the ruling may charge a fee for the inspection of the files of a case that has been concluded; the Federal Council shall regulate the assessment of the fee.
Para. 1bis — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
II. Exceptions
Art. 27
1 The authority may refuse to allow the inspection of the files only if: a. essential public interests of the Confederation or the cantons, and in particular the internal or external security of the Confederation, require that secrecy be preserved; b. essential private interests, and in particular those of respondents, require that secrecy be preserved; c. the interests of an official investigation that has not yet been concluded so requires. 2 Any refusal to allow inspection may only extend to the documents that must remain confidential. 3 At no time may a party be refused the right to inspect his own submissions, the official documents he has submitted in evidence or rulings issued to him; he may be refused the right to inspect the transcripts of his own statements only if the investigation has not yet been concluded
III. Relevance of secret documents
Art. 28
If a party is refused the right to inspect a document, this document may be relied on to the prejudice of that party only if the party has been notified by the authority either verbally or in writing of the content of the document that is relevant to the case and the party has been given the opportunity to state his position on the document and to provide counter evidence.
H. Right to be heard
I. Principle
Art. 29
The parties shall have the right to be heard.
II. Preliminary hearing
1. General
Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465).
Art. 30
1 The authority shall hear the parties before issuing a ruling. 2 It is not required to hear the parties before issuing: a. interim orders that cannot be contested separately by appeal; b. rulings that are contestable by objection; c. rulings in which the authority grants the application of the parties in full; d. enforcement measures; e. other rulings in proceedings of first instance if there is a risk in any delay, the parties have the right to appeal against the ruling and no other provision of federal law guarantees the right to preliminary hearing.
2. Special opposition procedure
Art. 30a
1 If it is probable that a ruling will affect numerous persons or if it is not possible to identify all the parties without incurring unreasonable expense, the authority, before issuing its ruling, may publish the application or the intended ruling without stating the grounds in an official gazette while at the same time making the application or the intended ruling with the grounds therefor available for public inspection, giving notice of where it may be inspected. 2 It shall hear the parties, by allowing them an appropriate period to file their opposition. 3 The authority shall give notice in its publication of the obligation of the parties to appoint an agent where necessary and to pay procedural costs and legal costs.
Art. 30a — Inserted by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465).
III. Hearing for the respondent
Art. 31
In a case where several parties have conflicting interests, the authority shall hear each party on the arguments of a respondent that appear to be relevant and that do not exclusively favour the other parties.
IV. Examination of the arguments of the parties
Art. 32
1 The authority shall assess before it issues a ruling all arguments of the parties that are relevant and filed in time. 2 Arguments filed late by the parties that appear to be crucial may be considered despite the delay.
V. Evidence
Art. 33
1 The authority shall admit the evidence offered if it appears reliable for determining the facts of the case. 2 If taking the evidence entails comparatively high costs, and if the party will be liable for costs if the ruling is not in his favour, the authority may make the taking of evidence dependent on the party making an advance payment, within a specific period, of the costs that may reasonably be incurred; a party without financial means shall be exempted from the obligation to make advance payment.
Hbis. Language of the proceedings
Art. 33a
1 The proceedings shall be conducted in one of the four official languages, and normally in the language in which the parties have filed or would file their applications. 2 In appeal proceedings, the language of the contested decision is decisive. If the parties use a different official language, the proceedings may be conducted in this language. 3 If a party files official documents that are not in an official language, the authority may with the consent of the other parties waive the requirement of a translation. 4 If necessary, the authority shall order a translation to be obtained.
Art. 33a — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Hter. Amicable agreement and mediation
Art. 33b
1 The authority may suspend the proceedings with the consent of the parties in order that the parties may agree on the content of the ruling. The agreement should state that the parties waive their right of appeal and how the parties intend to allocate the costs. 2 In order to encourage an agreement, the authority may appoint a neutral and suitably qualified natural person to be a mediator. 3 The mediator shall be bound only by the law and his mandate from the authority. He may take evidence; for inspections, reports from experts and the examination of witnesses, he shall require prior authorisation from the authority. 4 The authority shall make the agreement the content of its ruling, unless the agreement is defective in terms of Article 49. 5 If an agreement is reached, the authority shall not charge any procedural fees. If no agreement is reached, the authority may dispense with imposing the costs of mediation on the parties, provided the interests involved justify this. 6 A party m
Art. 33b — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
J. Notification
I. Requirement of writing
1. Principle
Art. 34
1 The authority shall notify the parties of its rulings in writing. 1bis With the consent of the party, notification of a ruling may be given by electronic means. The ruling must carry an electronic signature in accordance with the Federal Act of 18 March 2016 on Electronic Signatures. The Federal Council shall regulate: a. the form of signature to be used; b. the format of the ruling and its accompanying documents; c. the form and method of transmission; d. the time at which notification is deemed to have been given. 2 The authority may verbally notify the parties present of interim orders, but it must confirm the ruling to them in writing if any party requests this at the time; the period allowed for applying for legal remedies in this case begins from the time of written confirmation.
Para. 1bis — SR 943.03 Para. 1bis let. d — Inserted by Annex No 10 of the Administrative Court Act of 17 June 2005, (AS 2006 2197; BBl 2001 4202). Amended by Annex No II 1 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001). Para. 2 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
2. Statement of grounds and instructions on legal
Art. 35
1 Written rulings must, even if the authority issues them in the form of a letter, be designated as such, must state the grounds on which they are based and contain instructions on legal remedies. 2 The instructions on legal remedies must indicate the ordinary remedies, the competent authority and the period for applying for legal remedies. 3 The authority may dispense with stating the grounds for the ruling and providing instructions on legal remedies if it grants the applications of the parties in full and no party requests that the grounds be stated.
II. Official publication
Art. 36
The authority may notify its rulings by publication in an official gazette: a. to any party whose place of residence is unknown and who has no contactable representative; b. to any party who resides abroad and has no contactable representative provided service at their place of residence is impossible or if the party, in contravention of Article 11b paragraph 1, has failed to indicate a domicile for service in Switzerland; c. in any case with numerous parties; d. in any case which the identification of all the parties would entail unreasonable expense.
Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465). let. b — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). let. c — Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465). let. d — Inserted by Annex No 3 of the FA of 4 Oct. 1991, in force sinc
III. ...
Art. 37
Repealed by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
IV. Defective notification
Art. 38
No party may be prejudiced by a defect in the notification procedure.
K. Enforcement
I. Requirements
Art. 39
The authority may enforce its rulings provided: a. the ruling may no longer be contested through legal remedies; b. the ruling may still be contested, but the permitted legal remedy does not have a suspensive effect; c. the suspensive effect of the legal remedy has been revoked.
II. Enforcement measures
1. Debt collection procedures
Art. 40
Rulings on the payment of money or the provision of security must be enforced by means of debt collection proceedings in accordance with the Federal Act of 11 April 1889 on Debt Collection and Bankruptcy.
Art. 40 — Amended by Annex No 1 of the FA of 16. Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). SR 281.1
2. Other enforcement measures
Art. 41
1 In order to enforce other rulings, the authority shall take the following measures: a. substitute performance by the authority issuing the ruling itself or by a third party instructed at the expense of the party liable; the costs must be determined by special ruling; b. direct enforcement against the party liable in person or against his property; c. prosecution in the event that another federal act provides for a penalty; d. prosecution for contempt under Article 292 of the Criminal Code if no other criminal law provision applies. 2 Before the authority takes any enforcement measure, it shall give notice thereof to the party liable and allow him a suitable period in which to comply, indicating the statutory penalties in the cases referred to in paragraph 1 letters c and d. 3 In the cases referred to in paragraph 1 letters a and b, it may dispense with giving notice of the enforcement measure and allowing a period for compliance if there is a risk in any delay.
Para. 1 let. d — SR 311.0
3. Proportionality
Art. 42
The authority must not use a more rigorous enforcement measure than the circumstances require.
III. Mutual assistance
Art. 43
The cantons shall provide the federal authorities with mutual assistance in enforcing rulings.