Publications Act (PublA)

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In The Matter OfPublications Act (PublA)
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. 2 Enactments of the Confederation

The following shall be published in the AS: a. the Federal Constitution; b. federal acts; c. ordinances of the Federal Assembly; d. ordinances of the Federal Council; e. other legislative enactments of the federal authorities and of organisations and persons under public or private law that are assigned administrative duties but do not form part of the Federal Administration; f. federal decrees subject to the optional referendum; g. federal decrees on the approval of international treaties; h. simple federal decrees, if the Federal Assembly so decides.

Art. 3 International treaties and international law decrees

1 If they are binding on Switzerland, the following shall be published in the AS: a. international treaties that are subject to a referendum under Articles 140 paragraph 1 letter b and 141 paragraph 1 letter d of the Federal Constitution; b. other international treaties and decrees under international law that enact law or confer legislative powers. 2 The Federal Council may decide that treaties and decrees that are not legislative in their nature be published in the AS. 3 The Federal Council shall determine the requirements by which treaties and decrees of no more than six months in duration and of limited scope need not be published in the AS.

Para. 1 let. b — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057). Para. 3 — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).

Art. 4 Agreements between the Confederation and the cantons and between cantons

The following shall be published in the AS: a. agreements between the Confederation and the cantons that enact law or confer legislative powers; b. other agreements between the Confederation and the cantons if the Federal Council so decides; c. Agreements between cantons that have been declared by the Confederation to be generally binding (Art. 48a Federal Constitution).

Art. 4 — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057). let. c — Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).

Art. 5 Publication by reference

1 Texts in terms of Articles 2–4 which by their special nature are not suitable for the publication in the AS shall be included in the AS on the publications platform simply as a title with a reference, in particular if: a. they concern only a small group of people; b. they are technical in nature and only intended for specialists; c. they must be published in a format that is not suitable for publication in the AS; or d. a federal act or Federal Assembly ordinance requires publication outside the AS. 2 Texts under Articles 2–4 that are published in another organ of publication available free of charge in Switzerland shall also be included in the AS only by title with a reference or source in that organ. 3 Articles 6–10 and 14 apply.

Art. 5 — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016, introductory sentence to para. 1 in force since 1 July 2022 (AS 2015 3977; 2021 693; BBl 2013 7057).

Art. 6 Exceptions to the publication requirement

1 Federal enactments, international treaties and decrees under international law that must be treated as confidential in the interests of Switzerland’s internal or external security or international commitments shall not be published in the AS. 2 Where texts under paragraph 1 impose obligations on individuals, only persons who have been given notice of the relevant provisions are bound.

Art. 6 — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).

Art. 7 Ordinary, emergency and exceptional publication

1 The texts in terms of Articles 2–4 shall be published in the AS at least five days before they come into force. 2 Agreements and decrees under Articles 3 and 4 whose commencement date is not yet known at the time of their approval shall be published immediately after the announcement of their commencement date. 3 A text shall be published by way of exception on the day it comes into force at the latest (emergency publication) if this is required either to ensure its effectiveness. 4 If the publications platform is not available, the texts shall be published by other means (exceptional publication).

Art. 7 — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).

Art. 8 Legal effect of publication

1 Legal obligations arising from texts in terms of Articles 2–4 shall apply as soon as the texts have been published in accordance with the provisions of this Section. 2 If an enactment is published in the AS after commencement, obligations arising therefrom apply from the day following publication, subject to Article 7 paragraph 3. 3 If an enactment is published under the exceptional procedure, it remains open to any person affected thereby to show that he or she was unaware of the enactment and despite taking all reasonable care could not have been aware of it.

Art. 9

Repealed by No I of the FA of 26 Sept. 2014, with effect from 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).

Art. 10 Formal corrections

1 The Federal Chancellery shall correct errors and formulations in the AS that affect the meaning and do not correspond to the decision of the enacting authority: a. in federal enactments, with the exception of Federal Assembly enactments: at its own behest; b. in international treaties and decrees under international law: by agreement with the contracting partners. 2 For the correction of Federal Assembly enactments, Articles 57 paragraph 1bis and 58 of the Parliament Act of 13 December 2002 applies. 3 Errors in Federal Assembly enactments that arose on publication are corrected in the AS by the Federal Chancellery by agreement with the Federal Assembly Drafting Committee.

Para. 1 let. b — Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057). Para. 2 — SR 171.10 Para. 2 — Amended by No II 1 of the FA of 15 June 2018 (Miscellaneous Amendments of Parliamentary Law), in force since 26 Nov. 2018 (AS 2018 3461; BBl 2017 6797 6865). Para. 3 — Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).