English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 The Confederation’s Tasks and Competence
Art. 7 Tasks
1 The Confederation shall encourage research and innovation pursuant to this Act and other specific legislation by: a. managing the two federal institutes of technology and the research institutes within the Federal Institutes of Technology Domain; b. granting financial contributions under the HEdA; c. supporting research funding institutions; d. supporting research facilities of national importance; e. conducting its own policy research, including setting up and operating federal research institutes; f. managing Innosuisse and other innovation support measures; g. pursuing international cooperation in research and innovation. 2 The Confederation may support the creation of a Swiss Innovation Park in order to secure Switzerland’s position as a location for research and innovation. 3 The Federal Council may give research funding institutions and Innosuisse, individually or jointly, the task of implementing special programmes or topic-specific funding and support programmes. 4 It may del
Para. 1 let. b — SR 414.20 Para. 1 let. f — Amended by Annex No 2 of the FA of 17 June 2016 on the Swiss Innovation Agency, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487). Para. 1 let. g — Amended by Annex No 2 of the FA of 17 June 2016 on the Swiss Innovation Agency, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487). Para. 3 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021
Art. 8 Service level agreements
1 The Federal Council may draw up service level agreements with non-governmental research bodies and other beneficiaries specified in this Act. 2 It may delegate these competences to the Federal Department of Economic Affairs, Education and Research (EAER) or to the competent administrative unit.
Section 2 Tasks, Promotion Principles and Contribu
Art. 9 Tasks and promotion principles
1 The research funding institutions perform tasks that, in practice, need to be carried out within the scope of scientific self-governance. 2 They encourage research which does not directly serve commercial purposes. 3 They encourage research in accordance with their own statutes and regulations. These require the approval of the Federal Council, insofar as they cover activities for which federal funding is used. The research funding institutions may delegate the task of issuing implementing provisions of minor importance to the statutes and regulations requiring approval to subsidiary bodies. These provisions do not require approval. 4 The research funding institutions place particular emphasis on encouraging basic research. 5 They encourage research in non-commercial research institutes outside the higher education sector according to the following requirements: a. the scientific independence of the persons in charge of the implementation of research is ensured; b. the research serve
Para. 3 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 163; BBl 2016 3089).
Art. 10 Swiss National Science Foundation
1 The Swiss National Science Foundation (SNSF) is the Confederation’s funding body for research in all academic disciplines that are represented at a higher education research centre. 2 It uses the contributions granted by the Confederation for, in particular: a. research funding within the framework of the funding instruments that it has established; b. funding programmes and networked research projects at national and international level that it has decided to participate in; c. implementing national funding programmes which have been approved and commissioned by the Federal Council, particularly the National Research Programmes and the National Centres of Competence in Research; d. supporting Switzerland’s participation in international programmes which have been approved and commissioned by the Federal Council; e. supporting measures for the evaluation and exploitation of results of research that it has funded. 3 Within its remit and responsibilities, it decides on suitable instrum
Para. 6 — Second sentence amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 6 — Third sentence inserted by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 11 Swiss Academies of Arts and Sciences
1 The Swiss Academies of Arts and Sciences are the Confederation’s funding body for improving cooperation in and between all academic disciplines and for rooting science in society. 2 They shall use the contributions granted by the Confederation for the following purposes in particular: a. conducting and supporting the early recognition of themes relevant to society in education, research and innovation; b. striving to ensure that whoever makes or applies scientific discoveries fulfils their ethical responsibilities; c. encouraging dialogue between the world of science and society; they shall fund studies on the opportunities and risks of innovations and technologies. 3 The individual institutions mentioned in Article 4 letter a number 2 shall coordinate their research funding activities in the context of the Swiss Academies of Arts and Sciences and in particular ensure collaboration with higher education research centres. 4 They encourage collaboration among scientists and experts in
Art. 11 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 1 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 let. c — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 3 — Amended by No I of the FA of 17 D
Art. 12 Scientific integrity and good scientific practice; sanctions
1 The research funding institutions ensure that research which they support conforms to the rules of scientific integrity and good scientific practice. 2 If they have good reason to believe that these rules are being breached, they may, within their funding and controlling mechanisms, obtain information from national or foreign institutions or persons concerned and provide information to such institutions or persons. 3 They shall set out administrative sanctions in their regulations for violations of scientific integrity and good scientific practice in connection with the acquisition and use of their funding. They may apply one or more of the following measures: a. written reprimand; b. written warning; c. reduction, suspension or repayment of the contributions; d. temporary exclusion from making further applications. 4 They may inform the employing institution of violations and sanctions. 5 Offences under Article 37 or 38 of the Subsidies Act of 5 October 1990 in relation to research
Para. 5 — SR 616.1 Para. 5 — SR 313.0
Art. 13 Procedures and rights of appeal
1 The research funding institutions regulate their procedures for rulings on funding. These must comply with the requirements of Articles 10 and 26–38 of the Administrative Procedure Act of 20 December 1968 (APA). 2 Article 11b APA applies to notification of rulings given to applicants abroad in the case of cross-border funding procedures. 3 Applicants may appeal against: a. the violation of federal law including exceeding or misusing discretion; b. the incorrect or incomplete declaration of the legally relevant facts. 4 The names of the referees and the scientific reviewers may only be communicated with their consent to the complainant. 5 Furthermore the appeal procedure shall comply with the general provisions on the administration of federal justice.
Para. 1 — SR 172.021
Section 3 Research and Research Promotion by the F
Art. 14 Reservation of specific legal provisions
This Act applies to the Federal Administration insofar as it carries out or funds research; specific legal provisions relating to policy research are reserved.
Art. 15 Contributions to research facilities of national importance
1 As part of its approved budget, the Federal Council may make contributions to research facilities of national importance. Federal contributions may be linked to certain conditions, namely the condition of reorganising or merging the research facilities concerned. 2 It may delegate to the EAER the responsibility for decisions regarding contributions. Rules of jurisdiction in specific legal provisions are reserved. 3 Research facilities under paragraph 1 may be legally independent facilities of the following types: a. non-commercial research infrastructures based outside higher education institutions or which are associated with them, in particular auxiliary scientific services in the field of scientific and technical information and documentation; b. non-commercial research institutes based outside higher education institutions or which are associated with them; c. centres of technological excellence which work with higher education institutions and businesses on a non-commercial basi
Art. 16 Federal policy research
1 Policy research is research initiated by the Federal Administration, the results of which are required by the Federal Administration in order to fulfil its tasks. 2 Policy research may include the following measures: a. the awarding of research contracts (contract research); b. running the Confederation's own research institutes; c. implementing the Federal Administration’s own research programmes, in particular in cooperation with higher education research centres, research funding institutions, Innosuisse or other organisations that fund research; d. providing contributions to higher education research centres for the implementation of research programmes. 3 In addition to the measures under paragraph 2, policy research institutions which are not federal research institutes, but which must conduct their own research projects for the appropriate fulfilment of their remit, may apply for third-party funding or programme participation from Innosuisse or other national and international
Para. 1 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 let. d — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 3 — Name in accordance with Annex No 2 of the Innosuisse Act of 17 June 2016, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487). This amendment has been made throughout t
Art. 17 Federal research institutes
1 Under specific legal provisions, the Confederation may set up its own research institutes and take over existing ones in part or in entirety. 2 Federal research institutes must be closed if they no longer fulfil a need or if their tasks could be fulfilled more efficiently and to a comparable standard by higher education research centres. 3 The Federal Council shall ensure that federal research institutes are appropriately organised. 4 Under paragraph 3, it may delegate decision-making powers to the department responsible. Regulations on responsibilities contained in specific legal provisions are reserved. 5 If measures under paragraphs 1 and 2 affect the activities of other research bodies, the Swiss University Conference or the ETH Board, they shall be consulted beforehand. 6 Federal research institutes may apply for third-party funding or programme participation fromInnosuisse or other national and international organisations that fund research.
Para. 6 — Inserted by Annex No 2 of the FA of 17 June 2016 on the Swiss Innovation Agency, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487).
Section 4 Innovation Support
Art. 18 Tasks of the Confederation
1 The Confederation may support innovation projects. 2 In addition, it may support: a. measures to develop and support science-based entrepreneurship; b. measures for setting up and developing science-based companies; bbis. measures to support highly qualified persons in the field of innovation; c. the exploitation of knowledge and the knowledge and technology transfer between higher education institutions, the private sector and society; d. the provision of information on support options at national and international level. 3 It shall develop the principles for supporting innovation. 4 It shall ensure the evaluation of support activities.
Para. 2 let. a — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 let. bbis — Inserted by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 let. d — Inserted by Annex No 2 of the Innosuisse Act of 17 June 2016 (AS 2016 4259, 2017 131; BBl 2015 9487). Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promo
Art. 19 Innovation project funding
1 As the Confederation’s funding body for science-based innovation as defined in the Federal Act of 17 June 2016 on the Swiss Innovation Agency, Innosuisse may fund innovation projects that are carried out by higher education research centres and non-commercial research centres outside the higher education sector (research partners) with private or public partners, which are responsible for exploiting the results (implementation partners). 1bis The contribution from Innosuisse shall be used to cover the direct project costs incurred by the research partners. Innosuisse may in its Funding Ordinance provide that contributions are also paid to implementation partners, if this is required for international cooperation in the field of science-based innovation. 2 Contributions shall only be granted if the following requirements are fulfilled: a. ... b. effective implementation of the research findings in favour of the economy and society may be expected; c. the project could probably not be
Para. 1 — SR 420.2 Para. 1 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 1bis — Inserted by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 let. a — Repealed by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), with effect from 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 let. d —
Art. 20 Support for science-based entrepreneurship
1 Among the measures to develop and support science-based entrepreneurship, Inno-suisse may provide training, raise awareness and offer information and advisory services to individuals who wish to establish or have established a company, take over an existing company or reorient their business activities. 2 It may support the setting up and development of science-based companies by: a. coaching start-up companies and their founders; b. taking steps to facilitate access to international markets through participation in internationalisation programmes or international trade fairs; c. paying contributions to organisations, institutions or individuals that support the creation and development of start-up companies; d. providing information and advice. 3 It may carry out a selection procedure to accredit providers of services under paragraph 2 letter a and maintain a publicly accessible list of eligible service providers.
Art. 20 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 20a Support for highly qualified persons
1 Innosuisse may support highly qualified persons from higher education research centres, from non-commercial research centres outside the higher education sector, and from small- and medium-sized enterprises to acquire innovation skills. 2 For this purpose, contributions may be paid to enable such persons to: a. conduct feasibility studies or similar projects; b. take part in continuing education and training programmes; c. undertake guest residencies to foster interaction between researchers and practitioners. 3 The contributions may be paid to a highly qualified person to cover direct project costs, participation fees or living expenses or in the case of guest residencies to their employer to cover the costs of continued payment of salary. They may also be paid in the form of grants or interest-free loans. 4 The contributions shall only be granted if the support objective cannot be achieved within the scope of an innovation project in accordance with Article 19 or through a measure
Art. 20a — Inserted by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 21 Support for knowledge and technology transfer and the dissemination of information
1 Innosuisse may support the use of knowledge and the transfer of knowledge and technology through: a. measures to bring science-based innovation stakeholders together for the purpose of pursuing innovation projects; b. measures to improve the innovative capacity of small- and medium-sized enterprises, such as innovation mentoring, continuing education and training or information-sharing platforms; c. measures to help clarify intellectual property issues; d. coordination and training measures in innovation projects in accordance with Article 19. 2 It may carry out a selection procedure to accredit providers of mentoring services in accordance with paragraph 1 letter b and maintain a publicly accessible list of eligible service providers. 3 It may in its area of responsibility support the provision of information on funding options at national and international level and on the submission of applications, in particular through contributions paid to third parties that offer such informat
Art. 21 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 22 International cooperation in the field of Innovation
1 Innosuisse may support international cooperation in the field of science-based innovation. 2 It may work with foreign funding organisations or support agencies through its instruments in accordance with Articles 19–21. 3 It may take part in support activities within the meaning of Article 28 paragraph 2 letter c.
Art. 22 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 22a Cooperation with other research bodies
1 Innosuisse may pursue joint support measures with other research bodies through its instruments in accordance with Articles 19–21. 2 The participating parties shall draft joint regulations laying down the procedures to be followed and the conditions of support.
Art. 22a — Inserted by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 23 Compensation of indirect research costs
1 As part of its support activities, Innosuisse shall make contributions to compensate for indirect research costs (overheads) incurred by higher education research centres and by non-commercial research centres outside the higher education sector. 1bis If a federally funded centre of technological excellence (Art. 15 para. 3 let. c) is to receive a higher maximum contribution rate than that applying to other higher education research centres and non-commercial research centres outside the higher education sector, then the Federal Council shall submit a corresponding proposal to the Federal Assembly with the payment structure in accordance with Article 36 letter c. 2 The Federal Council shall otherwise regulate the principles for calculating the contributions.
Art. 23 — Amended by Annex No 2 of the FA of 17 June 2016 on the Swiss Innovation Agency, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487). Para. 1bis — Inserted by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 2 — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480).
Art. 24 Applicability of the Subsidies Act
The provisions of the Federal Act of 5 October 1990 on Financial Assistance and Subsidies apply to Innosuisse innovation support activities.
Art. 24 — Amended by Annex No 2 of the FA of 17 June 2016 on the Swiss Innovation Agency, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487). SR 616.1
Art. 25 Prosecution
Offences referred to in Article 37 or 38 of the Subsidies Act of 5 October 1990 in relation to innovation support shall be prosecuted by the EAER under the provisions of the Federal Act of 22 March 1974 on Administrative Criminal Law.
SR 616.1 SR 313.0
Section 5 Responsibility of the Federal Council fo
Art. 26 Compliance with scientific integrity and good scientific practice
1 The Federal Council may make the granting of federal funding to higher education research centres subject to the following criteria: a. the higher education research centres introduce quality assurance measures for research funded by the Confederation; b. they issue guidelines on compliance with the rules of scientific integrity and good scientific practice for the scientists working in their institutions; c. they are able to take measures in the event of violations of these rules and have the procedures required for doing so. 2 Measures are deemed particularly necessary in cases where: a. research findings made by third parties are used without citing the source; b. research findings, research data and research records are used that have been invented, or are forged or falsified by being presented in an intentionally misleading manner; c. scientific integrity and good scientific practice are breached in any other serious manner.
Art. 27 Exploitation of research findings
1 The Federal Council may make federal funding for higher education research centres contingent on higher education research centres developing a strategy for their research and innovation activities on the exploitation of knowledge and the knowledge and technology transfer between higher education institutions and the private sector. 2 It may additionally make the granting of federal funding contingent on one or more of the following requirements: a. the intellectual property rights or the rights of use to the results of federally funded research are transferred to the employer higher education research centre; b. the employer higher education research centre concerned takes measures to encourage the exploitation of research results, in particular their commercial use, and to share the revenues appropriately with the creators of the intellectual property; c. the research and implementation partners propose regulations for intellectual property and rights of use. 3 If the higher educat
Section 6 International Cooperation in the Field o
Art. 28 Goals, tasks and responsibilities
1 The Confederation shall support Swiss international cooperation in research and innovation to better position Switzerland as a location for research and innovation, to promote the Swiss higher education sector and to further business, social and environmental interests. 2 In the context of the overall goals for Switzerland’s international research and innovation policy, it may support: a. Switzerland’s participation in the development and operation of international research facilities and internationally coordinated research infrastructures; b. Switzerland’s participation in international programmes and projects encouraging research and innovation; c. Switzerland’s involvement in international organisations and bodies in the conception, planning, implementation, operation and development of the corresponding support activities; d. further bilateral and multilateral cooperation and cooperation in research and innovation.
Art. 29 Contributions and measures
1 Within the limits of the credits authorised, the Federal Council may make the following contributions and provide for the following measures: a. contributions to research and technology programmes and projects which enable or facilitate Swiss participation in international organisations and programmes’ experiments and schemes or Swiss use of international research facilities; b. contributions to the following institutions, to enable or facilitate Swiss participation in the experiments and schemes of international organisations and programmes: 1. higher education research centres, 2. non-commercial research centres outside the higher education sector, 3. other non-commercial institutions which pursue research in a specific field or take part in research activities; c. contributions to institutions in accordance with letter b for bilateral or multilateral cooperation in research or for specific research activities abroad outside international programmes and organisations; in this conte
Para. 1 let. b — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 1 let. c — Amended by No I of the FA of 17 Dec. 2021 (Changes in the Promotion of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). Para. 1 let. d — Inserted by No I of the FA of 27 Sept. 2013, in force since 1 March 2014 (AS 2014 463; BBl 2013 1987). Para. 1 let. e — Inserted by No I of the FA of 27 Sept. 2013, in f
Art. 30 Tasks for the SNSF
The Federal Council may give the SNSF the following tasks within its remit and expertise: a. representing the interests of the Swiss Confederation in international bodies that conceive and plan international funding programmes in which Switzerland participates; b. evaluating applications for programmes in which Switzerland participates; c. implementing national measures to support the Confederation’s international measures to encourage research; d. concluding agreements that fall within its remit with research funding organisations in other countries.
Art. 31 Conclusion of international treaties by the Federal Council
1 The Federal Council may conclude international treaties on international collaboration on research and innovation. 2 In the treaties, it may make arrangements for: a. budgetary control and audits; b. personnel security screening; c. safeguarding and allocating intellectual property that results from or is required in the context of scientific collaboration; d. the federal participation in public or private legal entities; e. accession to international organisations; ebis. joining a foreign-based European Research Infrastructure Consortium within the meaning of Regulation (EC) No 723/2009; f. controlling activities by representatives from third countries and from international organisations in higher education research centres and other private or public research institutions involved in Switzerland. 3 If the agreements under paragraph 1 affect the tasks of specific research bodies, the Swiss University Conference or the ETH Board, they must be consulted beforehand.
Para. 2 let. ebis — Inserted by No I of the FA of 16 Dec. 2022, in force since 1 July 2023 (AS 2023 226; BBl 2022 1137). Para. 2 let. ebis — Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC), OJ L 206 of 8.8.2009, p. 1; last amended by Regulation (EU) No 1261/2013, OJ. L 326 of 6.12.2013, p. 1.
Section 7 Swiss Innovation Park
Art. 32 Requirements for support from the Confederation
1 The Confederation may support the construction of a Swiss Innovation Park subject to the following conditions: a. the innovation park serves a greater national interest, competitiveness, resource efficiency and sustainable development; b. in order to maintain a balance between the regions, it is from the outset established on several regional sites, which are coordinated and which work with the higher education institutions; c. it cannot be realised as part of the ordinary support activities under Article 7 paragraph 1; d. it complements the standard funding and support activities under Sections 2 and 4 in an appropriate manner; e. it makes an effective contribution to the networking of innovation activities in Switzerland in both institutions and regions. 2 The Federal Assembly shall approve the Confederation’s support of a Swiss Innovation Park with a simple federal decree.
Art. 33 Support measures and their requirements
1 The Confederation’s support for the Swiss Innovation Park can be implemented by: a. the sale of suitable real estate owned by the Confederation; b. the provision of suitable real estate owned by the Confederation without waiving claims to land lease interests; c. the provision of suitable real estate owned by the Confederation subject to a fixed-term waiver of claims to land lease interests; d. the acquisition of real estate owned by third parties; e. a combination of the measures under letters a–d; f. further measures necessary to the success of the innovation parks which cannot be achieved through standard support methods under Article 7 paragraph 1, particularly fixed-term interest-free loans or other appropriate financing instruments or contributions to the operating costs of the investors under paragraph 2 letter b. 2 The following requirements apply to the support: a. Land use and local area planning requirements for the planned use of the real estate concerned must be met in f
Para. 1 let. f — Amended by No I of the FA of 25 Sept. 2020, in force since 15 April 2021 (AS 2021 186; BBl 2020 3681).
Art. 34 Public law contract
1 Based on the federal decree under Article 32 paragraph 2, the Federal Council shall enter into a public law contract with the institutions responsible under Article 33 paragraph 2 letter b. 2 This contract regulates the following: a. the purpose of the government’s individual support measures; b. the amount of and due date for repayment to the Confederation of the income generated by the institution; c. the way in which funding should be reimbursed to the Confederation if the aim fails.
Section 8 Financing
Art. 35 Applications of the Federal Council
1 The Federal Council shall submit to the Federal Assembly: a. a periodic dispatch on the promotion of education, research and innovation (the ERI Dispatch); b. as required further specific dispatches on the promotion of research and innovation. 2 In these dispatches, it requests the Federal Assembly to make the required financing decisions.
Art. 36 Authorisation of funds
The Federal Assembly shall authorise the following for a multi-year period by simple federal decree: a. the payment structure for research funding institutions; b. the payment structure for contributions to research facilities of national significance; c. the payment structure for Innosuisse innovation support activities; d. the guarantee credits for contributions in the context of international cooperation in the field of research and innovation; e. the payment structure for the operating costs of the institution responsible for the Swiss Innovation Park under Article 33 paragraph 2 letter b.
let. c — Amended by Annex No 2 of the FA of 17 June 2016 on the Swiss Innovation Agency, in force since 1 Jan. 2018 (AS 2016 4259, 2017 131; BBl 2015 9487). let. e — Inserted by No I of the FA of 25 Sept. 2020, in force since 15 April 2021 (AS 2021 186; BBl 2020 3681).
Art. 37 Approval and payment of funds
1 Federal contributions to research funding institutions are approved on the basis of the funding plans which are presented annually by the institutions and approved by the relevant federal offices (Art. 48). 2 Federal contributions to research facilities of national importance (Art. 15) are approved on the basis of rulings on contributions and on service level agreements. 3 The payment of approved federal contributions is made in accordance with Article 23 of the Subsidies Act of 5 October 1990. 4 The approval and payment of federal contributions in the context of international cooperation depends on: a. the provisions of the international treaties; or b. the provisions of rulings on contributions and agreements.
Para. 3 — SR 616.1
Section 9 Repayment of Funds
Art. 38 Repayment in the case of a breach of duty
1 Research funding institutions shall demand the repayment of the funds which they have granted if these have been wrongfully paid out or if the recipient has not fulfilled his obligations despite having been reminded to do so. 2 The right to demand repayment shall prescribe three years from the time that the donor becomes aware of it, and in any case ten years from the time that the right is created. 2bis If the recipient has committed a criminal offence through his or her conduct, the right to demand repayment 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 to demand repayment prescribes at the earliest three years after notice of the judgment is given. 3 Research funding institutions shall use repaid funds for tasks assigned to them by the Confederation. They shall provide information on this in their annual reports.
Para. 2 — Amended by No 5 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). Para. 2bis — Inserted by No 5 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).
Art. 39 Repayment in the case of economic benefit and profit sharing
1 If the results of fully or partially federally-funded research are used commercially, the research funding institutions may demand: a. repayment of the funds they granted in proportion to the revenues earned; and b. an appropriate share of profits. 2 Research funding institutions shall use repaid funds for tasks assigned to them by the Confederation. They shall provide information on this in their annual reports.