National Economic Supply Act (NESA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 40 Coercive measures
If any of the provisions in this Act, the implementing ordinances, rulings or contracts are infringed, the FONES may: a. take alternative measures at the cost of the obligor; b. issue precautionary seizure orders; c. withdraw or refuse authorisations; and d. impose sales and purchasing restrictions and restrict allocations.
Art. 41 Recovery and forfeiture to the Confederation
1 Funding assistance and similar payments may be recovered, irrespective of liability under the criminal law, if they have been wrongfully paid out or if the undertaking fails to comply with the obligations imposed on it despite receiving a warning. 2 Goods and proprietary advantages that have been obtained or granted as a result of a violation of this Act or its implementing provisions, individual rulings and contracts based thereon shall be forfeited to the Confederation, irrespective of liability under the criminal law for the violation. 3 In the event that an undertaking no longer possesses the goods or assets by means of which it has obtained an unlawful advantage, the Confederation shall be accorded a right to damages against the undertaking corresponding to the value of the unlawfully obtained advantage. 4 Third parties who are not at fault but who have sustained loss as a result of the conduct of undertakings liable to return goods may request that the FONES return the share of
Para. 5 — SR 311.0
Art. 42 Ruling on administrative measures
1 The FONES shall, by means of a ruling, take measures in accordance with Articles 40 and 41. 2 If the Confederation incurs procedural costs when recovering goods or proprietary advantages, third parties who have sustained loss in terms of Article 41 paragraph 4 must each bear an appropriate share of such costs. The FONES shall determine the amount due in a ruling.
Art. 43 Penalty damages
1 The FONES shall in each case determine the level of the penalty damages to be imposed, subject to the contractually agreed limits. 2 If the imposition of penalty damages or the level of such damages is contested, the FONES shall refer the matter to the Federal Administrative Court. 3 The imposition of penalty damages does not relieve the penalised party of its obligation to fulfil its contractual obligations.
Art. 44 Prescription
1 The Confederation’s right to bring claims under Articles 41 and 43 prescribes three years after the date on which competent federal authorities learned of the claim and in any event ten years after the date on which the right first arose. 2 If the person subject to an obligation has committed a criminal offence through his or her conduct, the Confederation’s right to bring claims prescribes at the earliest when the right to prosecute the offence prescribes. If the right to prosecute is no longer liable to prescription because a first instance criminal judgment has been issued, the right prescribes at the earliest three years after notice of the judgment is given. 3 The claims of parties who have suffered loss in terms of Article 41 paragraph 4 prescribes three years after the date on which the party suffering loss was notified of the forfeiture of the unlawfully obtained goods or proprietary assets by the Confederation, but at the latest ten years from the date of forfeiture.
Art. 44 — Amended by Annex No 8 of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).