GAOO

Art. 11 Principles of administrative activity

(Art. 3 GAOA) The Federal Administration shall act within the bounds of federal law and of the aims and priorities set by the Federal Council. It shall observe the following principles in particular: a. It recognises any new need for action at an early stage and derives aims, strategies and measures from this. b. It arranges its activities according to importance and urgency. c. It provides its services in a citizen-oriented, sustainable, effective and economical manner.

Art. 12 Principles of direction

(Art. 8, 35, 36 GAOA) 1 Managers at all levels shall act in accordance with the following principles: a. They lead by agreeing on objectives and impacts. b. They shall periodically assess the performance of their administrative units and their employees. c. They shall adapt processes and organisation to new needs in a timely manner. d. They shall use their room for manoeuvre and decision-making powers and also grant these to their employees. e. They shall promote a culture of willingness to learn and change. f. They shall ensure a result-oriented and interdisciplinary way of working. 2 In all other respects, the personnel legislation and the Federal Council’s personnel policy guidelines apply in particular.

Art. 13 Assignment of responsibilities at the appropriate level in der Central Federal Administration

(Art. 47 para. 1 GAOA) 1 The significance of an item of business shall be decisive for the allocation of responsibility for taking a decision in accordance with Article 47 paragraph 1 GAOA. 2 As a rule, responsibility shall be allocated to the unit where the required political and technical competence is concentrated. Assignment to units below office level shall only be made in justified exceptional cases. 3 In individual cases, an item of business shall be submitted to the next higher unit for a decision or for the issuing of a directive if its particular importance or complexity so requires.

Art. 14 Cooperation between the administrative units

1 Administrative units are obliged to cooperate. They support and inform each other. 2 They shall coordinate their activities and align them with the overall policy of the Federal Council. 3 They shall provide other administrative units with the information required for the fulfilment of their statutory duties.

Art. 15 Participation of administrative units with an interest

1 Administrative units shall ensure the participation of all units with an interest in the preparation of their decisions. 2 For this purpose, they shall invite the units with an interest to submit a written opinion, unless another enactment provides for a different form of participation. 2bis The provisions on Federal Council business (Art. 4) apply mutatis mutandis to participation in the preparation of legislative texts. 3 If consent is required, differences shall be settled by the units involved themselves. Exceptionally, they may demand a settlement of differences at the next higher level.

Art. 15a Cooperation with the cantons and other executive agencies

1 If a federal project affects essential cantonal or communal interests, the department concerned or the Federal Chancellery shall involve the cantonal bodies concerned and, if appropriate, the national umbrella organisations for communes, towns and mountain regions in an appropriate manner. 2 Essential interests in accordance with paragraph 1 are affected in particular if: a. the project is to be implemented in whole or in part by cantonal or communal bodies and implementation requires considerable human or financial resources on their part; b. cantonal or communal bodies must be reorganised; or c. cantonal or communal bodies must make significant changes to the law.

Art. 16 Conference of Secretaries General

(Art. 53 GAOA) 1 The Conference of Secretaries General is the supreme coordinating body. It contributes to ensuring forward-looking, effective and coherent administrative action. It shall involve other persons or bodies. 2 It participates in the planning, preparation and execution of Federal Council business and in the settlement of differences. 3 The Federal Council shall issue regulations on how the Conference is organised and on its working methods.

Art. 17 Planning

(Art. 6 para. 1, 25 para. 2 let. a, 32 let. a, 36 para. 1, 51, 52 GAOA) 1 The Federal Council shall decide on the priorities, aims and means required for planning. 2 The Federal Council’s plans comprise: a. general plans that encompass all federal policy fields; these include government policy guidelines pursuant to Article 18 and the annual objectives of the Federal Council pursuant to Article 19 as sectoral plans and financial plans pursuant to the Financial Budget Act of 6 October 1989 and the Financial Budget Ordinance of 11 June 1990; b. specific plans for individual federal policy fields or parts thereof; c. further plans as required. 3 The sectoral and financial plans shall be coordinated as far as possible in terms of timing and content. The individual areas of responsibility are grouped into policy fields. 4 The Federal Chancellery shall prepare the sectoral plans in accordance with paragraph 2 letter a. The Federal Finance Administration (FFA) shall prepare the budget and fin

Art. 18 Government policy guidelines

(Art. 45bis ParlPA) 1 Government policy guidelines provide a comprehensive policy orientation framework for government activity in a legislature period. 2 They assess the results of the previous legislature period. 3 They define the aims, impacts and priority measures and designate the areas in which state services must be reviewed or can be reduced.

Art. 19 Annual objectives of the Federal Council

(Art. 51 GAOA) 1 The annual objectives of the Federal Council shall set out the main features of the government’s activities for the coming year, specify aims and measures and designate the business to be approved for submission to the Federal Assembly. 2 The annual objectives form a basis for the Federal Council’s business planning in accordance with Article 2, for controlling in accordance with Article 21, for supervision in accordance with Section 5 and for annual business reporting in accordance with Article 45 of the Parliamentary Procedure Act of 23 March 1962 (ParlPA).

Art. 20 Annual objectives of the departments and the Federal Chancellery

(Art. 51 GAOA) 1 The departments and the Federal Chancellery shall coordinate their annual objectives with the Federal Council’s plans and submit them to the Federal Council for approval. 2 They shall report on their activities as part of the Federal Council’s annual business report in accordance with Article 45 ParlPA.

Art. 21 Controlling

1 Controlling is a management instrument for the process-related monitoring of the achievement of objectives at all levels. 2 The Federal Council shall be supported in its controlling by the Federal Chancellery and the Federal Department of Finance. They shall work with the departments. 3 The departments are responsible for controlling in their area. They shall coordinate their controlling with the Federal Council’s controlling.

Art. 22 Records of administrative activities

1 The administrative units shall maintain records of their own business activities using a records management system. 2 For this purpose, they shall use electronic records and process management systems in accordance with the GEVER Ordinance of 3 April 2019, unless legislation provides for a different type of records and process management.

Art. 22a

The Swiss Federal Audit Office and the following authorities are exempt from management by service level agreement: a. the Federal Chancellery; b. the Federal Data Protection and Information Commissioner; c. the Federal Gaming Board; d. the Price Supervisor; e. the Competition Commission; f. the Swiss Transportation Safety Investigation Board; g. the Federal Postal Services Commission; h. the Rail Transport Commission; i. the Federal Electricity Commission; j. the Federal Communications Commission; k. the Independent Complaints Authority for Radio and Television.

Art. 22b

Repealed

Art. 22c

The requirement for two signatures does not apply to: a. contracts, rulings and other formal federal commitments relating to personnel; b. international treaties; c. contracts, rulings and other formal commitments of the Federal Tax Administration that: 1. are based on the Value Added Tax Act of 12 June 2009, the Withholding Tax Act of 13 October 1965 or the Federal Act of 27 June 1973 on Stamp Duty, and 2. are not signed individually by a representative of the authority due to their large number (mass processing).

(Art. 10, 10a, 11, 34, 40 and 54 GAOA)

Art. 23 Responsibilities

1 The Federal Chancellery, in cooperation with the departments, shall be responsible for informing the Federal Assembly, the cantons and the public about the Federal Council’s decisions, intentions and measures. It shall attend to the required planning and draw up principles for the Federal Council’s communication policy. 2 The departments and the Federal Chancellery shall be responsible for internal and external information and communication on their business. They shall place these in the overall context of the Federal Council’s communication policy. They shall regulate the information tasks of the units subordinate to them. 3 The Federal Chancellery, in cooperation with the Conference of Information Services, shall be responsible for the coordination of information and communication and may issue directives for this purpose. 4 If necessary, the Federal Council may centralise information and communication with the President of the Confederation, the Federal Chancellery, a department

Art. 23a Use of social media

1 Administrative units may operate their own presences (profiles) on social media in order to provide information insofar as: a. the content of these profiles is accessible to all persons over the age of majority who are resident in Switzerland; b. they can make their profiles and content inaccessible at any time. 2 Information provided on social media must also be available via channels that the administrative units themselves control and that are freely accessible to everyone. 3 Social media are electronic platforms that are used to communicate with the public and which enable users to provide their own content for other users.

Art. 23b Use of interactive profiles

1 Administrative units may operate profiles with interactive functions on social media, provided that on these profiles: a. all persons over the age of majority resident in Switzerland can make contributions; b. the administrative units can respond to users’ contributions with their own contributions; and c. the administrative units can hide, delete or otherwise suppress users’ contributions. 2 The administrative units shall ensure that they can be contacted via their profiles.

Art. 23c Moderation of interactive profiles

1 Administrative units may suppress contributions in their profiles provided: a. there are specific indications that these contributions: 1. incite the commission of misdemeanours or felonies, 2. incite hatred or violence, 3. contain content or representations of violence that are offensive to certain persons, defamatory, threatening, discriminatory or pornographic, 4. encourage behaviour that seriously endangers persons’ health or safety, 5. contain commercial advertising, or 6. have been generated by a machine; or b. that these contributions are posted repeatedly and: 1. are clearly irrelevant, or 2. are clearly false in their content and there are specific indications that they serve the purpose of disinformation. 2 If an exceptionally large number of contributions are received, the suppression of contributions may be temporarily automated. 3 In the event of repeated or particularly serious infringements, an administrative unit may block the user for a maximum of two years. 4 The bl

Art. 24 Supervision of the Administration

(Art. 8 paras. 3 and 4, 36 para. 3 GAOA) 1 Through supervision, the Federal Council, the departments and the Federal Chancellery shall ensure the fulfilment of constitutional and statutory duties. 2 Supervision of the Central Federal Administration is comprehensive. It shall be governed by the principles set out in Articles 11 and 12. 3 The subject matter, scope and principles of supervision of the decentralised Federal Administration and of the entities referred to in Article 2 paragraph 4 GAOA shall be governed by specific legislation and shall be based on the respective degree of autonomy.

Art. 24a Autonomous units: supervision and control

(Art. 8 paras. 4 and 5 GAOA) 1 The Federal Council shall act as the owner and carry out the associated supervision and control in relation to the autonomous units in accordance with Article 8 paragraph 5 GAOA as a whole. 2 The department with the closest relevance to the field in question shall exercise supervision on behalf of the Federal Council, exercise the owner’s rights and serve as the contact for the management bodies of the autonomous units. In the case of autonomous units of major importance for the federal budget, it shall exercise the ownership rights jointly with the FFA. The departments to which the autonomous units are allocated and the units for which joint exercise of ownership rights with the FFA applies are listed in Annex 3. 3 If other departments and administrative units have a connection with the field for which an autonomous unit is responsible, they shall be consulted in relation to fulfilling the tasks in accordance with paragraph 2. 4 The General Secretariat o

Art. 25 Control

(Art. 8 paras. 3 and 4 GAOA) 1 Control, as an instrument of supervision, serves: a. the in-depth clarification of special issues arising from current events or identified grievances; b. the regular review of particular areas of expertise. 2 As a rule, controls are carried out by special bodies that are independent of the controlled administrative unit.

Art. 26 Control by the Federal Council

(Art. 8 paras. 3 and 4, 25 para. 2 lett. c and d, 32 lett. e GAOA) The Federal Council and the President of the Confederation are supported by the Federal Chancellery in the exercise of their statutory control duties. For further interdepartmental clarifications, project organisations pursuant to Article 56 GAOA or an external consultant pursuant to Article 57 GAOA may be appointed.

Art. 27 Review of federal tasks

(Art. 5 GAOA) 1 The administrative units shall periodically and systematically review their tasks, services, processes and organisation to determine whether they are necessary and comply with the principles of Articles 11 and 12; they shall arrange for the required adjustments and reductions to be carried out measures. 2 The Conference of Secretaries General shall play a coordinating role. 3 The FFA, in consultation with the Conference of Secretaries General, shall coordinate the review under paragraph 1 with the review under Article 5 of the Subsidies Act of 5 October 1990.

Art. 27a Purpose

1 An administrative inquiry is a special control procedure in accordance with Articles 25 and 26 which clarifies whether there are matters in relation to which official intervention is required in the public interest. 2 An administrative inquiry is not directed against specific persons. A disciplinary investigation pursuant to Article 98 of the Federal Personnel Ordinance of 3 July 2001 and criminal proceedings remain reserved.

Art. 27b Parallel proceedings

1 An administrative inquiry may not obstruct criminal investigations or investigations by parliamentary supervisory bodies. 2 If a procedural conflict is foreseeable, the ordering authority shall suspend or terminate the administrative inquiry.

Art. 27c Ordering body

1 The heads of the departments and the Federal Chancellor shall order administrative investigations in the administrative units under their authority. They may delegate this responsibility to the administrative units subordinate to them. 2 If an administrative investigation affects more than one department, including the Federal Chancellery, the Federal Council shall order the investigation.

Art. 27d Investigative bodies

1 An administrative investigation shall be entrusted to persons who: a. meet the necessary personal, professional and technical requirements for such a task; b. are not active in the area of responsibility to be investigated; and c. are not simultaneously and in the same matter entrusted with disciplinary proceedings or other personnel law proceedings. 2 The investigation may be delegated to persons outside the Federal Administration. Such persons shall act as agents of the ordering body. 3 The investigative bodies may issue directives within the scope of their mandate, but may not issue rulings. 4 The provisions on recusal in Article 10 of the Federal Act of 20 December 1968 on Administrative Procedure (APA) apply mutatis mutandis.

Art. 27e Investigation mandate

1 The ordering body shall issue a written investigation mandate. It sets out in particular: a. the subject of the investigation; b. the details of the appointment of the investigative body; c. the powers of the investigative body; d. the duty to maintain official secrecy; e. the remuneration to be paid to the investigative body; f. the necessary aids provided; g. the involvement of auxiliary bodies; h. the form in which reports are submitted; i. the deadlines. 2 Any existing files shall be attached to the investigation mandate.

Art. 27f Opening

1 The ordering authority shall notify the administrative bodies concerned of the opening of the administrative investigation, together with the reason for and purpose of the investigation and the investigating body. 2 It shall issue the necessary directives on the access and inspection rights of the investigative bodies and on the duty of the employees concerned to provide information.

Art. 27g Conduct

1 In order to establish the facts of the case, the investigative body shall obtain evidence by the means set out in Article 12 APA. However, there is no formal examination of witnesses in an administrative investigation. 2 The federal authorities and employees involved in the administrative investigation are obliged to cooperate in establishing the facts of the case. 3 If it becomes apparent in the course of an administrative investigation that information covered by the duty of confidentiality is required from other departments or from the Federal Chancellery, the investigative body must first obtain the consent of the head of the department or of the Federal Chancellor. In other cases, Article 14 applies. 4 The authorities and persons involved in the administrative investigation shall have the opportunity to inspect all files that concern them and to comment on them (Art. 26-28 APA). 5 They have the right to be heard (Art. 29–33 APA).

Art. 27h Interviews

1 The persons involved in the administrative investigation are entitled to be represented and have legal assistance. 2 The investigating body shall inform the persons who are to be interviewed that they may refuse to answer the questions if by doing so they may incriminate themselves in disciplinary or criminal proceedings. 3 It shall inform persons outside the Federal Administration who are to be interviewed that their provision of information is voluntary.

Art. 27i Protection of personal data

Each department that is requested by the investigative body to disclose personal data must ensure and is itself responsible for ensuring that the provisions of the Data Protection Act of 25 September 2020 on are complied with.

Art. 27j Results

1 The investigative body shall deliver all investigation files and a report to the ordering body. 2 In the report, it shall describe the process and set out the results of the investigation and proposals for further action. 3 The ordering authority shall inform the authorities and persons involved in an administrative investigation of the result. 4 The ordering authority shall decide on the consequences of an administrative investigation. 5 The results of an administrative investigation may be used as a basis for initiating other proceedings, in particular proceedings under personnel law.