EUROPAM

European Public Accountability Mechanisms

Switzerland

Country score (European Average*)
  • 12(67) Political Financing
  • 9(50) Financial Disclosure
  • 30(41) Conflict of Interest
  • 59(56) Freedom of Information
  • 55(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)61,930
Population, total8,286,976
Urban population (% of total)73.9
Internet users (per 100 people)87.0
Life expectancy at birth (years)83.0
Mean years of schooling (years)12.8
Global Competitiveness Index5
Sources: World Bank, UNDP, WEF.

Political Financing

There are no laws regulating the financing of political parties in Switzerland. There are no bans or limits on donations, no provisions on public funding, no bans or limits on spending, no rules on reporting requirements or sanctions. 


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income000
Public funding122525
Regulations on spending252525
Reporting, oversight and sanctions000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to political parties? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. Absent from legal framework
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? No. Absent from legal framework
Is there a ban on any other form of donation? No. Absent from legal framework

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates Yes. "Parallel to statutory norms, the public service broadcasting SRG and its enterprise units have elaborated on a number of principles that must inform their editorial coverage.‌ In addition, on the occasion of Federal elections, the SRG SSR General Directorate issued detailed instructions on election coverage for its enterprise units.‌ The instructions set forth the principles and rules informing both election-‌related and non-‌election programmes.‌ Consistent with the jurisprudence of the Federal Tribunal, the instructions defined the criteria for the allocation of airtime to candidates during debates and presentations of political parties: access was guaranteed on a proportional basis, according to parliamentary representation at Federal or Cantonal level and the number of candidates lists submitted in different cantons.‌ (OSCE 2008, p 12)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007) ( (OSCE 2008, p 12)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007) )
Allocation criteria for free or subsidized access to media for political parties: Share of seats Yes. "Parallel to statutory norms, the public service broadcasting SRG and its enterprise units have elaborated on a number of principles that must inform their editorial coverage.‌ In addition, on the occasion of Federal elections, the SRG SSR General Directorate issued detailed instructions on election coverage for its enterprise units.‌ The instructions set forth the principles and rules informing both election-‌related and non-‌election programmes.‌ Consistent with the jurisprudence of the Federal Tribunal, the instructions defined the criteria for the allocation of airtime to candidates during debates and presentations of political parties: access was guaranteed on a proportional basis, according to parliamentary representation at Federal or Cantonal level and the number of candidates lists submitted in different cantons.‌ (OSCE 2008, p 12)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007) (Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007) )
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework ( )
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other Yes. P 10, "Tax deductions have recently been introduced for donations to political parties, under the federal Act of 12 June 2009 on the deductibility of payments to political parties, which amended the existing law on the subject at federal and cantonal levels.‌ In the case of federal income tax, for example, subscriptions and other payments to political parties of up to CHF 10 000 (about € 8 200) may be deducted from taxable income subject to one of the following conditions: a) the party is registered on the register of parties (see paragraphs 15 and 16); b) it is represented in a cantonal parliament, or c) it obtained at least 3% of the vote at the most recent elections to a cantonal parliament (section 33.‌1.‌i of the Federal Direct Tax Act of 14 December 1990, amended 2014.‌ In the case of cantonal taxes, subscriptions and other payments to political parties up to a level specified in cantonal law that meet one of the three aforementioned representativeness conditions may be deducted from taxable income.‌ The relevant provision is section 9.‌2.‌l of the federal Act of 14 December 1990 on the harmonisation of cantonal and communal direct taxes, as amended by the Act of 12 June 2009.‌ The cantons are required to amend their legislation within two years of the entry into force of this modification.‌ When this deadline expires, section 9.‌2.‌l will be directly applicable if the relevant cantonal tax legislation fails to meet these requirements and the sums referred to in section 33.‌1.‌i will then be applicable.‌" (GRECO (2011) Evaluation Report on Switzerland, Transparency of Party Funding (Theme II)) (Section 33.‌1.‌i of the Federal Direct Tax Act of 14 December 1990, amended 2015 (GRECO (2011) Evaluation Report on Switzerland, Transparency of Party Funding (Theme II)) )
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. In the report it is stated that: "Political parties and civil society should be encouraged to consider further measures to develop programs that may increase the number of women candidates.‌ In addition, the Swiss government may further consider the development of mechanisms that enhance women’s political participation (OSCE 2008, p 14)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007) ( Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007) )

Regulations on spending 

Is there a ban on vote buying? Yes. Art 281, "Any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative, any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, and any person who as a voter secures the promise of or arranges for himself to be given such an advantage, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.‌" (Swiss Criminal Code, 1937 (Status as of 1 October 2011)) (Art 281, Criminal Code, 1937, amended 2016 )
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? No. Absent from legal framework
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework
Do candidates have to report on their campaign finances? No. Absent from legal framework
Is information in reports from political parties and/​or candidates to be made public? No. Absent from legal framework
Must reports from political parties and/​or candidates reveal the identity of donors? No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines No. Absent from legal framework
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Federal Direct Tax Act of 14 December 1990, amended 2014 (French)pdf
Criminal Code, 1937, amended 2014missing file:

Financial Disclosure

Hardly any financial disclosure requirements apply to Swiss public officials. For example, while the Parliament Law (2002, amended 2015) requires Members of Parliament to disclose their outside employment, they must not disclose income related with it. Additionally, this law requires MPs to declare board memberships if they may lead to a conflict of interest before a debate on the relevant matter begins. Ministers and Civil Servants do not make any financial declarations. The Law on Civil Servants (1927, last amended 2001) foresees that the Parliament decides whether an exclusion based on family relations in the civil service is necessary. 

Accordingly, only Members of Parliament are obliged to make regular declarations. These declarations are submitted upon taking office and updated annually. Should an MP fail to make their declarations or make false disclosure statements, the Member may be revoked speaking rights or excluded from attending sessions for a limited amount of time. MPs submit their declarations to the office or institution they are part of, while the President functions as enforcement body and is responsible for declaring appropriate sanctions. In the case of serious infringements, the parliamentary office specifies a sanction. None of the MPs’ declarations are made publicly available. 

(Note: Switzerland has no Head of State by law.)


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items511
Filing frequency121212
Sanctions331717
Monitoring and Oversight121212
Public access to declarations000

Alternative Metric

201220152016Trend
Head of State000
Ministers000
Members of Parliament313434
Civil servants2000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. 0
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Employment must be declared, but income does not. (Art. 11, 1a Parliament Law (2002, amended 2015))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Board membership must be declared if a conflict of interest arises before a debate on the matter begins in the corresponding gremium. (Art. 11.3 Parliament Law (2002, amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Filling takes place upon taking office and in the beginning of each year. (Art. 11 Parliament Law (2002, amended 2015))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually Yes. Filling takes place upon taking office and in the beginning of each year. (Art. 11 Parliament Law (2002, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. If a member has violated disciplianry procedures ,the President may impose administrative sanctions in the form of forbidding them to speak or excluding them from sessions. N case of serious infringements, the parliamentary office may exclude the member from sessions for up to six months. (Art. 13 Parliament Law (2002, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If a member has violated disciplianry procedures ,the President may impose administrative sanctions in the form of forbidding them to speak or excluding them from sessions. N case of serious infringements, the parliamentary office may exclude the member from sessions for up to six months. (Art. 13 Parliament Law (2002, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. Declarations are made in writing to the office of the institution they are part of. (Art. 11 Parliament Law (2002, amended 2015))
Enforcement body explicitly identified Yes. The President decides whether a disciplinary measure is appropriate, the parliamentary office decides upon sanctions in the case of serious offenses. (Art. 13 Parliament Law (2002, amended 2015))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. 0
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Parliament Law, 2002, amended 2015 (German)pdf

Conflict of Interest

According to Switzerland’s Law on Government and the Civil Service (1997, last amended 2015), Ministers may not have any additional employment or hold a directing or executing position in any company. For Members of Parliament, the Parliament Law (2001, last amended 2015) specifies that being part of a private entity that carries out state functions is not allowed. This would include owning state-owned enterprises or holding government contracts. When speaking in parliament, both Ministers and MPs may be temporarily excluded based on a conflict of interests in a matter. The Law on Civil Servants (1927, last amended 2001) prevents Civil Servants from receiving gifts, practicing a trade or running a company. All secondary employment of Civil Servants must be approved by the Bundestag. 

No monitoring body, enforcement body, or sanctions are specified for ensuring Ministers’ conflicts of interest law. Members of Parliament face administrative sanctions ranging from a temporary loss of speaking rights up to an expulsion for up to six months. All the while, violations by Civil Servants can lead to fines as well as administrative sanctions, reaching as far as to the loss of office.  While the President is responsible for enforcing the law with MPs, the corresponding agency supervises Civil Servants.

(Note: Switzerland has no Head of State by law.)


Quantitative Data

Primary Metric

201220152016Trend
Restrictions324040
Sanctions252525
Monitoring and Oversight252525

Alternative Metric

201220152016Trend
Head of State000
Ministers202020
Members of Parliament383838
Civil servants526262

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Members of the government may not have additional employment and not have a directing or executing position in a company (Art. 60 Law on Government and the Civil Service (1997, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Members of the government may not have additional employment and not have a directing or executing position in a company (Art. 60 Law on Government and the Civil Service (1997, last amended 2015))
Holding government contracts Yes. Members of the government may not have additional employment. (Art. 60 Law on Government and the Civil Service (1997, last amended 2015))
Board member, advisor, or company officer of private firm Yes. Members of the government may not have additional employment and not have a directing, executing or advisory position in a company. (Art. 60 Law on Government and the Civil Service (1997, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Members of the government may not have additional employment. (Art. 60 Law on Government and the Civil Service (1997, last amended 2015))
Participating in official decision-making processes that affect private interests Yes. When speaking in parliament, conflicts of interest must be stated before a debate on a matter where they exist. They are temporarily excluded wherever a private interest could influence decision making. (Art. 11, 11a Parliament Law (2001, last amended 2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) Yes. Being part of an organisation or private entty that is not part of the state but that carry out public tasks is not allowed for MPs. (Art. 14e Parliament Law (2001, last amended 2015))
Holding government contracts Yes. Who holds a political mandate cannot be in a directing position of a company that holds government contracts, but may run for concessions. (Art. 2.2 Incompatibility Law (2006, last amended 2010))
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Conflicts of interest must be stated before a debate on a matter where they exist. They are temporarily excluded wherever a private interest could influence decision making. (Art. 11, 11a Parliament Law (2001, last amended 2015) Art. 11a Incompatibility Law (2006, last amended 2010))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Administrative sanctions reach from temporary loss of speaking rights to an explusion for up to 6 months. (Art. 13 Parliament Law (2001, last amended 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The President gives warning to parliamentarians who have or are close to violating disciplinary rules. The Presidentmay impose fines for smaller disciplinary mistakes, r the responsible parliamentary agency is able to act in the case of significant violations (they are not specified.) (Art. 13 Parliament Law (2001, last amended 2015))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Civil servants may not accept gifts or be promised to receive gifts; unlawfully accepted gifts must be passed on to the state. (Art. 26 Law on Civil Servants (1927, last amended 2001))
Private firm ownership and/or stock holdings Yes. Practicing a trade or running a company is incompatible with being a civil servant. Secondary employment must always be explicity allowed by the Bundesrat. (Art. 15 Law on Civil Servants (1927, last amended 2001))
Ownership of state-owned enterprises (SOEs) Yes. Secondary employment must always be explicity allowed by the Bundesrat. (Art. 15 Law on Civil Servants (1927, last amended 2001))
Holding government contracts Yes. Secondary employment must always be explicity allowed by the Bundesrat. (Art. 15 Law on Civil Servants (1927, last amended 2001))
Board member, advisor, or company officer of private firm Yes. Practicing a trade or running a company is incompatible with being a civil servant. Secondary employment must always be explicity allowed by the Bundesrat. (Art. 15 Law on Civil Servants (1927, last amended 2001))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants cannot be members of parliament. (Art. 14a Law on Civil Servants (1927, last amended 2001))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. The Bundesrat is responsible for deciding whether incompatibilities based on family relations. (Art. 7 Law on Civil Servants (1927, last amended 2001))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Breaking disciplinary codes can lead to sanctions, with fines of up to 500 francs. (Art. 30, 31.2 Law on Civil Servants (1927, last amended 2001))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Breaking disciplinary codes can lead to disciplinary sanctions, leading from temporary expulsion to exclusion from office. (Art. 30, 31.2 Law on Civil Servants (1927, last amended 2001))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The Bundesrat, the agency of the corresponding civil servant, and the civil court are responsible for for hearings and imposing adequate sanctions. (Art. 33 Law on Civil Servants (1927, last amended 2001))

Qualitative data for 2016


Legislation

Incompatibilities Act, 2006, amended 2010 (French)pdf
Law on Civil Servants, 1927, amended 2001 (German)pdf
Law on Government and the Civil Service, 1997, amended 2015 (German)pdf
Parliament Law, 2002, amended 2015 (German)pdf

Freedom of Information

Switzerland’s freedom of information regime is established by the Federal Act on Freedom of Information in the Administration (2004, amended 2014). The Act applies to the Federal Administration, public and private bodies outside the Federal Administration that enact legislation or issue first instance rulings. The judicial branch is not specifically mentioned, but the administrative service is included.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Criminal Code (1937), and the Federal Act on Data Protection (1992, amended 2014). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals are filed with the Federal Data Protection and Information Commissioner and with the courts. Public bodies do not accept appeals. 

There are no sanctions specified in the law for violations of FOI provisions. The Federal Commissioner on Data Protection and Information Freedom is responsible for advising administrative authorities and federal departments on the implementation of the FOI law, mediating in the event of a disagreement, and commenting on draft legal texts that have an impact on the principle of transparency.


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage898989
Information access and release888888
Exceptions and Overrides676767
Sanctions for non-compliance000
Monitoring and Oversight505050

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access No. Absent from legal framework
"Information" or "Documents" is defined Yes. An official document is any information: a. which has been recorded, regardless of the medium; b. retained by the authority which issued the same or to which it has been communicated; and c. which concerns the execution of a public function. (Article 5, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Proactive disclosure is specified Yes. Public bodies should publish online information about their functions and important matters for which they are responsible, make available further information, as appropriate, which may facilitate the identification of official documents, insofar as doing so does not give rise to excessive costs and publish important official documents on the Internet as soon as possible, where this does not give rise to excessive costs; and where this does not conflict with any statutory provisions. (Article 18 and Article 19 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Coverage of public and private sectors

Executive branch Yes. The Act applies to the Federal Administration, public and private bodies outside the Federal Administration that enact legislation or issue first instance rulings. It does not however apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority. (Article 2, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Legislative branch Yes. The Act specifically covers Parliamentary Services; there is no mention elsewhere of any bodies of Parliament being excluded. (Article 21(c) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Judicial branch Yes. The Act covers the Federal Administration and public and private bodies outside the Federal Administration, insofar as they issue first instance rulings within the meaning of the Administrative Procedure. The judicial branch is not specifically mentioned otherwise but the administrative service is included. Judicial proceedings are not covered. (Article 21(b) and Article 31a.(2) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Other public bodies Yes. The Act covers public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of the Administrative Procedure. (Article 21(b) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Private sector Yes. The Act covers public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of the Administrative Procedure. (Article 21(b) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. There is no explicit mention of draft legislation. However, the publication of draft laws is an administrative task and therefore covered by the law. (Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Enacted legal instruments Yes. There is no explicit mention of enacted legal instruments. However, the publication of enacted legal instruments is an administrative task and therefore covered by the law. In practice, all enacted legal instruments (laws and statutory instruments) are published in three official publications and are also available online via the government website. (Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Annual budgets Yes. There is no explicit mention of annual budgets. However the preparation of an annual budget is an administrative task and information about it is therefore covered by the law. (Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Annual chart of accounts (actual expenditures) Yes. There is no explicit mention of annual accounts. However the preparation of annual accounts is an administrative task and information about it is therefore covered by the law. (Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Annual reports of public entities and programs Yes. There is no explicit mention of annual reports and programmes. However the preparation of an annual report is an administrative task and information about it is therefore covered by the law. (Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Anyone can request information. (Article 61, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Type of request is specified (written, electronic, oral) No. The law does not specify through what medium a request should be made. The application must simply be formulated in a sufficiently accurate manner (Articles 101 and 103 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. The authority must provide information to the applicant about the official documents available and must assist him/her through the procedure, particularly if the applicant is disabled. (Article 31 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Costs are specified by law. Minimal processing costs (ie where the cost of collection is higher than the fee) shall not be charged whilst an applicant must be notified if the costs will go over SFR100 and given the opportunity to confirm the application. (Article 17 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014 Article 16 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Deadlines for release of information

20-day response deadline Yes. The authority shall make a decision as soon as possible and in any case no later than 20 days after receipt of the application. (Article 121, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Agency granted right to extend response time Yes. The deadline can be extended by 20 days, if the application concerns a large number of documents or documents which are complex to obtain. If the information requested contains personal data, the deadline can be extended as necessary. (Article 122, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Maximum total response time of no more than 40 days Yes. The deadline can only be extended by 20 days unless the information requested contains personal data, in which case the deadline can be extended as necessary. (Article 122, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. A state secret is defined by the Criminal Code (Article 267 Criminal Code, 1937)
Existence of personal privacy/data law Yes. The Federal Act on Data Protection and its accompanying Ordinance protect privacy and a person's fundamental rights when their data is used. (Article 1 Federal Act on Data Protection (FADP), 1992, amended 2014)
Specific exemptions to disclosure Yes. Specific exemptions are defined and include information relating to: state security, foreign policy & international relations; economic interests, state professional and business secrets; civil or criminal proceedings; constitutional and administrative judicial proceedings. (Articles 3, 7, 8 and 9, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014 Article 19 Federal Act on Data Protection (FADP), 1992, amended 2014 Article 267 Criminal Code, 1937)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework (General)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. An appeal must be lodged to the Federal Data Protection and Information Commissioner within 20 days of the receipt of the decision, via a process called "mediation". (Article 132, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Judicial appeals mechanism Yes. The appeals procedure is subject to the general provisions found in the relevant legislation governing the federal administration of justice and shall also have access to official documents which are secret. (Article 161, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)
Fines are specified for violations of disclosure requirements No. Absent from legal framework (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Each department must designate at least one officer to be in charge of access to information requests. (Article 20 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)
Public body that is responsible for applying sanctions No. Absent from legal framework (General)
Public body that is responsible for public outreach (raising public awareness) No. The Federal Commissioner on Data Protection and Information Freedom is responsible for advising on access to information issues within the administration and to individuals but not promoting it. (Article 18(b) and (c), Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. The Federal Commissioner on Data Protection and Information Freedom is responsible for: advising private citizens on how to gain access to official documents, advising the administrative authorities and federal departments on the implementation of the Transparency Act, mediating in the event of a disagreement, commenting draft legal texts that have an impact on the principle of transparency. (Article 18(b) and (c), Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework (General)
Reporting of data and/or implementation is required Yes. Each authority shall inform the Commissioner, on an annual basis, of: a. the number of applications for access filed during the reporting year; b. the number of such applications granted, refused or partly refused; c. the total amount of fees charged for access to public documents sought under the Freedom of Information Act. (Article 21, Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Qualitative data for 2016


Legislation


Public Procurement

The Swiss public procurement system is regulated by the Federal Act of Public Procurement (1994), the Federal Ordinance of Public Procurement (1995) and the Intercantonal Agreement on Public Procurement (1994). The public procurement body is the Commission (Kommission) is an organization under the Ministry for Finance.

The lowest minimum thresholds for conducting a public procurement tender are:

CHF 100000 (ca. EUR 92600) for goods

CHF 150000 (ca. EUR 139000) for works

CHF 150000 (ca. EUR 139000) for services

The minimum number of bidders is 3 for restricted procedures. The minimum submission period is 40 days for open procedures, 25 days for restricted procedures and 25 for negotiated procedures from dispatch date. 

There is no preferential treatment towards SMEs or domestic companies and consideration of sustainability issues is allowed during the awarding process. However, there are several options for bid exclusion: outstanding tax and social security liabilities, failing to meet eligibility criteria, providing false information, arrangements undermining competition, bankruptcy. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is no arbitration procedure, as the cases go to the Administrative Court. Court decisions are released publicly.


Quantitative Data

Primary Metric

201220152016Trend
Scope7575
Information availability4343
Evaluation6767
Open competition5858
Institutional arrangements3333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) CHF 100000 . Art. 6 Umfang des Auftrags 1 Dieses Gesetz ist nur anwendbar, wenn der geschätzte Wert des zu vergebenden öffentlichen Auftrages folgenden Schwellenwert ohne Mehrwertsteuer erreicht: a. 230 000 Franken für Lieferungen; b. 230 000 Franken für Dienstleistungen; c. 8,7 Millionen Franken für Bauwerke; d. 700 000 Franken für: 1. Lieferungen und Dienstleistungen im Auftrag einer Auftraggeberin nach Artikel 2 Absatz 2 BöB, 2. Aufträge, welche die Automobildienste der Schweizerischen Post zur Durchführung ihrer in der Schweiz ausgeübten Tätigkeit im Bereich des Personentransports vergeben.10 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 6 Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) CHF 150000. Art. 6 Umfang des Auftrags 1 Dieses Gesetz ist nur anwendbar, wenn der geschätzte Wert des zu vergebenden öffentlichen Auftrages folgenden Schwellenwert ohne Mehrwertsteuer erreicht: a. 230 000 Franken für Lieferungen; b. 230 000 Franken für Dienstleistungen; c. 8,7 Millionen Franken für Bauwerke; d. 700 000 Franken für: 1. Lieferungen und Dienstleistungen im Auftrag einer Auftraggeberin nach Artikel 2 Absatz 2 BöB, 2. Aufträge, welche die Automobildienste der Schweizerischen Post zur Durchführung ihrer in der Schweiz ausgeübten Tätigkeit im Bereich des Personentransports vergeben.10 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 6 Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) CHF 150000. Art. 6 Umfang des Auftrags 1 Dieses Gesetz ist nur anwendbar, wenn der geschätzte Wert des zu vergebenden öffentlichen Auftrages folgenden Schwellenwert ohne Mehrwertsteuer erreicht: a. 230 000 Franken für Lieferungen; b. 230 000 Franken für Dienstleistungen; c. 8,7 Millionen Franken für Bauwerke; d. 700 000 Franken für: 1. Lieferungen und Dienstleistungen im Auftrag einer Auftraggeberin nach Artikel 2 Absatz 2 BöB, 2. Aufträge, welche die Automobildienste der Schweizerischen Post zur Durchführung ihrer in der Schweiz ausgeübten Tätigkeit im Bereich des Personentransports vergeben.10 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 6 Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) CHF 100000. 0 (Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB)), Annex 2)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) CHF 100000. 0 (Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB)), Annex 2)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) CHF 143098. Art. 3 Exceptions 1 This law will not apply to the following: e. the procurement of weapons, munitions or war materials and the construction of fighting and command infrastructure for overall defence and the army. Therefore, the EU threshold is inputed (EUR 134000), using 1.0679 CHF/EUR exchange rates. (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 3)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) CHF 100000. 0 (Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB)), Annex 2)
What are the minimum application thresholds for the procurement type? (Product type WORKS) CHF 150000. 0 (Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB)), Annex 2)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) CHF 150000. 0 (Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB)), Annex 2)

Information availability

Publishing and record keeping

Which are the documents which are published in full? identification of CA, type of procedure, location of works, object of contract, place and deadline for submission of tenders, deposits and guarantees, main terms of payment, eligibility criteria, tender alue and fees, applicability of GATT, award criteria, lots. 0 (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Annex 4)
Are any of these documents published online at a central place? yes. on-line platform simap.ch (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24, Ordinance, art. 8)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) 0
Are contracts awarded within a framework agreement published? 0

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? 0
If yes, above what proportion of subcontracted value is it mandatory? 0

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. technical specs governed on international or national standards (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 12)
Are there restrictions on allowable grounds for tenderer exclusion? yes. don't meet the eligibility criteria, have provided false information, outstanding taxes or social security contributions, has undertaken arrangements that damage competition, bankruptcy (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 11)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. No mention in law
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 4, Art. 8)
Is there a specific set of rules for green/sustainable procurement? yes. it is allowed (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 40)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. abnormally low price (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 25.4)

Bid evaluation

Is scoring criteria published and explicit? yes. MEAT (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 21, Ordinance, Art. 21)
Can evaluation decision be made by a single person (as opposed to a committee)? no. 0 (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, art. 50)
Are there regulations on evaluation committee composition to prevent conflict of interest? no. 0
If yes, what is banned? no. no mention, but constitutional principles apply
Is some part of evaluation comitee mandatorily independent of contracting authority? yes. jury, independent from CA (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 53)
Are scoring results recorded and publicly available? no. No mention in law
Under which conditions can the tender be cancelled? 0

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Federal Gazette, published in the official language of the location of the contract, and online platform simap.ch. 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24 and IAPP, Art. 8)
Where should the call for tenders be published? (Procedure type: RESTRICTED) Federal Gazette, published in the official language of the location of the contract, and online platform simap.ch. 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24 and IAPP, Art. 8)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Federal Gazette, published in the official language of the location of the contract, and online platform simap.ch. 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24 and IAPP, Art. 8)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 3. 3: restricted (selektives Verfahren)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED No mention in law
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE No mention in law

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 40. 0 (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 19)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 25. 25 for advertisement, 40 for tender (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 19)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 25. 25 for advertisement, 40 for tender (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 19)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? closed list. Art. 3 Exceptions 1 This law will not apply to the following: a. contracts to institutions for disabled persons, charities and penal institutions; b. contracts granted within the framework of agricultural or food aid programmes; c. contracts which are awarded on the basis of an international treaty between GATT contracting states or Switzerland and third countries in respect of an objective to be achieved and jointly funded; d. contracts which are awarded on the basis of a particular procedure of an international organisation; e. the procurement of weapons, munitions or war materials and the construction of fighting and command infrastructure for overall defence and the army. (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 3)
What are the main types of institutions which have to apply the public procurement law? Art. 2 Contracting Authorities 1 This Law will apply to the following as contracting authorities: a. the general administration of the Swiss Confederation; b. the Swiss Alcohol Board; c. the Swiss Federal Institutes of Technology and their research institutions; d. 4 the postal and automobile services of the Swiss Post, to the extent that they are not competing with third parties to whom GATT does not apply. Furthermore, the automobile services of the Swiss Post will only be subject to the Law in respect of contracts which it may award for its passenger transport business carried out within Switzerland; e. 5 the Swiss Federal Nuclear Safety Inspectorate; f. 6 the Swiss National Museum. On the cantonal level and outside the scope of the FAPP, the general public procurement regime applies also : a. other institutions providing cantonal or communal services (with certain limitations); b. objects and services subsidized with public funds by over 50 % of their overall costs.. 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 1 (2.2) Interkantonalen Vereinbarung über das öffentliche Beschaffungswesen 2001 (IVöB)), Art. 8 (2))
What are the main procedure types or procurement methods permitted by law? competition in open (öffentliche Auftrag) or restricted procedure (selektiven Verfahren), direct award (freihändig Vergeben). 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 13)
Is there a procurement arbitration court dedicated to public procurement cases? no. Administrative Court, ordinary
Is there a procurement regulatory body dedicated to public procurement? yes. Commission (Kommission) in Ministry for Finance (Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 68a)
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? 0
Is disclosure of final, beneficial owners required for placing a bid? 0

Complaints

Is there a fee for arbitration procedure? no mention found. Art. 2717 Beschwerde 1 Gegen Verfügungen der Auftraggeberin ist die Beschwerde an das Bundesverwaltungsgericht zulässig. 2 Das Bundesverwaltungsgericht informiert die Auftraggeberin umgehend über den Eingang einer Beschwerde. (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 27)
If yes, how much n/a. 0
Is there a ban on contract signature until arbitration court decision (first instance court)? no. 0 (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 27)
What is the maximum number of days until arbitration court decision from filing a complaint? Not specified. not specified (Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 32)
Are arbitration court decisions required to be publicly released? yes. Publication of Award Information 2. Not later than 72 days after the award of each contract covered by this Agreement, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Appendix III. Where the entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information: (a) a description of the goods or services procured; (b) the name and address of the procuring entity; (c) the name and address of the successful supplier; (d) the value of the successful tender or the highest and lowest offers taken into account in the award of the contract; (e) the date of award; and (f) the type of procurement method used, and in cases where limited tendering was used in accordance with Article XIII, a description of the circumstances justifying the use of limited tendering. (Agreement on Government Procurement (GPA), Art. XVI (2))

Qualitative data for 2016


Legislation

Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015 missing file:
Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015 missing file:
Interkantonalen Vereinbarung über das öffentlichene Beschaffungswesen 2001 (IVöB)missing file:
Agreement on Government Procurement (GPA)missing file: