Freedom of Information Ordinance (FoIO)

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In The Matter OfFreedom of Information Ordinance (FoIO)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 7 Content of the application

(Art. 10 FoIA) 1 An application for access to an official document may be submitted in any form without stating the grounds. 2 It must be sufficiently detailed in order to allow the authority to identify the requested document. The applicant must indicate, to the best of his ability: a. generally available data which clearly identify the document, such as the date of issue, title and reference; b. a specific time frame; c. the authority which issued the document; or d. the subject concerned. 3 The authority may request the applicant to provide further details with regard to the application. 4 If the applicant fails to provide, within ten days, the additional details requested in order to identify the official document, the application shall be deemed to have been withdrawn. The authority shall inform the applicant accordingly.

Art. 8 Applications for access to official documents of Swiss representations abroad

(Art. 10 para. 2 FoIA) 1 Swiss representations abroad as well as Swiss missions to the European Communities and other international organisations shall transmit applications for access concerning official documents which have been issued or received as main addressees by them, to the Federal Department of Foreign Affairs (the Department) which shall be competent for the matter thereinafter. 2 The Department shall regulate the competencies, the processing deadlines and modalities of inspection.

Art. 9 Special needs of the media

(Art. 10 para. 4 let. a FoIA) When processing applications filed by journalists, the authority shall, as far as possible, take account of the journalist's reporting deadline.

Art. 10 Applications requiring particularly extensive processing

(Art. 10 para. 4 let. c FoIA) 1 An application is deemed to require processing where the authority is not in a position to process the application with the human and infrastructure resources at its disposal without seriously compromising the fulfilment of its other duties. 2 Requests entailing particularly extensive processing shall be dealt with by an appropriate deadline.

Art. 11 Competent authority for decision-making

(Art. 12 FoIA) 1 Where a document has been prepared by more than one authority, the primary authority shall be competent to take a decision. 2 Where the application for access covers several documents concerning the same matter, and which were issued or received by different authorities subject to the Freedom of Information Act, the authority in charge of the matter is competent to take a decision. 3 Where several authorities are in charge of the matter, they shall jointly determine which authority is competent to decide. The latter shall take a decision with regard to the application for access, in consultation with the other authorities. 4 Where an authority has prepared a document at the request of another authority, the competent authority must consult the requesting authority prior to taking a decision. 5 Where an application for access concerns a classified document, the competency and the procedure is governed by the provisions on the protection of information and classified doc