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Federal Act
on Administrative Procedure
(Administrative Procedure Act, APA)1

of 20 December 1968 (Status as of 1 July 2022)

1 Abbreviation added by Annex No II 3 of the Law Enforcement Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 20088125).

Art. 13

II. Co­oper­a­tion by the parties

 

1 The parties are ob­liged to co­oper­ate in es­tab­lish­ing the facts of the case:

a.
in pro­ceed­ings that are ini­ti­ated on their own ap­plic­a­tion;
b.
in any oth­er pro­ceed­ings in which they make their own in­de­pend­ent ap­plic­a­tions;
c.
if they are sub­ject to a more ex­tens­ive duty to provide in­form­a­tion or duty of dis­clos­ure un­der an­oth­er fed­er­al act.

1bis The co­oper­a­tion ob­lig­a­tion does not ex­tend to the han­dover of items and doc­u­ments used in com­mu­nic­a­tions between a party and his or her law­yer provided the law­yer is en­titled to rep­res­ent cli­ents be­fore the Swiss courts in ac­cord­ance with the Law­yers Act of 23 June 200034.35

2 The au­thor­ity shall not be re­quired to con­sider an ap­plic­a­tion in terms of para­graph 1 let­ter a or b if the parties re­fuse to provide the re­quired and reas­on­able co­oper­a­tion.

34 SR 935.61

35 In­ser­ted by No I 2 of the FA of 28 Sept. 2012 on the Amend­ment of Pro­ced­ur­al Pro­vi­sions on Law­yers’ Pro­fes­sion­al Secrecy, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).