946.15 — NCPO-OECD

Ordinance on the Organisation of the National Contact Point for the OECD Guidelines for Multinational Enterprises and on its Advisory Board (NCPO-OECD)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 1 May 2013 (Status as of 1 June 2013)

The Swiss Federal Council,

on the basis of Articles 55, 57 and 57 c paragraph 2 of the Government and Administration Organisation Act of 21 March 1997 ¹ ,

ordains:

Section 1 National Contact Point for the OECD Guidelines for Multinational Enterprises

Art. 1 Tasks

The National Contact Point for the OECD ² Guidelines for Multinational Enterprises (NCP) promotes in terms of Clause I.11 of the OECD Guidelines of 25 May 2011 ³ for Multinational Enterprises (OECD Guidelines) the implementation of the Guidelines by international enterprises that have their registered office or a permanent establishment in Switzerland.

It has the following tasks in particular:

1. It promotes awareness and the dissemination of the OECD Guidelines.
2. It accepts submissions raising specific instances regarding possible violations by companies of the OECD Guidelines and mediates between the parties.
3. It responds to enquiries about the OECD Guidelines.

Art. 2 Responsibility

The State Secretariat for Economic Affairs (SECO) runs the NCP.

Art. 3 Submissions raising specific instances

Submissions raising specific instances regarding possible violations of the OECD Guidelines may be raised by individual persons or groups.

They must be submitted in writing.

Art. 4 Procedure for dealing with submissions raising specific instances

The NCP shall issue instructions on dealing with submissions raising specific instances, taking account of the Procedural Guidance of the OECD Guidelines.

The NCP shall set up a working group within the Federal Administration to deal with a submission raising a specific instance. The working group shall include representatives of the offices of the Federal Administration that are affected by the specific instance.

Section 2 Federal Advisory Board to the National Contact Point for the OECD Guidelines for Multinational Enterprises

Art. 5 Status

The Federal Advisory Board to the National Contact Point for the OECD Guidelines for Multinational Enterprises (NCP Advisory Board) is a standing administrative committee as defined in Article 8 a paragraph 2 of the Government and the Administration Organisation Ordinance of 25 November 1998 ⁴ (GAOO).

Art. 6 Tasks

The NCP Advisory Board advises the NCP on its strategic orientation and on the application of the OECD Guidelines and the NCP procedural instructions.

It shall encourage a dialogue between interest groups and contribute to the effective implementation of the OECD Guidelines.

Art. 7 Composition and appointment

The NCP Advisory Board has 14 members. It shall comprise:

1. the Director of SECO and three further members of the Federal Administration;
2. two representatives each from employers’ federations, trade unions, trade associations, non-governmental organisations and academia.

The NCP Advisory Board shall be jointly chaired by the Director of SECO and one additional member of the NCP Advisory Board in accordance with paragraph 1 letter b.

The Federal Council shall appoint the members of the NCP Advisory Board and its joint-chairpersons on the proposal of the Federal Department of Economic Affairs, Education and Research (EAER).

Art. 8 Meetings

The NCP Advisory Board meets twice a year. If required, further meetings shall be held.

The meetings are convened by the joint-chairpersons.

The NCP Advisory Board may invite NCP staff and additional specialists from within and outside the Federal Administration to attend the meetings.

Art. 9 Non-public nature and provision of information

The discussions of the NCP Advisory Board are not held in public.

The NCP Advisory Board shall publish a brief statement on its discussions following each meeting. It shall report on its activities in the NCP annual report.

Art. 10 Remuneration and department responsible for costs

The remuneration paid to the members of the NCP Advisory Board is governed by the GAOO ⁵ .

The costs of the NCP Advisory Board are borne by the EAER.

Art. 11 Secretariat

The SECO runs the Secretariat to the NCP Advisory Board.

Section 3 Final Provisions

Art. 12 Amendment of current legislation

… ⁶

Art. 13 Commencement

This Ordinance comes into force on 1 June 2013.