Federal Act
on National Economic Supply
(National Economic Supply Act, NESA)

¹ Fund­ing as­sist­ance and sim­il­ar pay­ments may be re­covered, ir­re­spect­ive of li­ab­il­ity un­der the crim­in­al law, if they have been wrong­fully paid out or if the un­der­tak­ing fails to com­ply with the ob­lig­a­tions im­posed on it des­pite re­ceiv­ing a warn­ing.

² Goods and pro­pri­et­ary ad­vant­ages that have been ob­tained or gran­ted as a res­ult of a vi­ol­a­tion of this Act or its im­ple­ment­ing pro­vi­sions, in­di­vidu­al rul­ings and con­tracts based there­on shall be for­feited to the Con­fed­er­a­tion, ir­re­spect­ive of li­ab­il­ity un­der the crim­in­al law for the vi­ol­a­tion.

³ In the event that an un­der­tak­ing no longer pos­sesses the goods or as­sets by means of which it has ob­tained an un­law­ful ad­vant­age, the Con­fed­er­a­tion shall be ac­cor­ded a right to dam­ages against the un­der­tak­ing cor­res­pond­ing to the value of the un­law­fully ob­tained ad­vant­age.

⁴ Third parties who are not at fault but who have sus­tained loss as a res­ult of the con­duct of un­der­tak­ings li­able to re­turn goods may re­quest that the FONES re­turn the share of con­fis­cated goods and pro­pri­et­ary ad­vant­ages due to them.

⁵ Re­cov­ery and for­feit­ure pur­su­ant to this pro­vi­sion take pre­ced­ence over the pro­vi­sions on for­feit­ure in Art­icles 70–72 of the Swiss Crim­in­al Code⁸.