Federal Act of December 22, 1999 on the Participation of the Cantons in the Confederation's Foreign Policy (FPCA) - Principle (BGMK)
Table of Provisions (7)
Statutory Text (7 Provisions)
The cantons are involved in the preparation of decisions concerning foreign policy that affect their competences or essential interests.
The essential interests of the cantons are affected particularly when the Confederation's foreign policy impacts significant implementation tasks of the cantons.
The participation of the cantons must not hinder the Confederation's capacity to act in matters of foreign policy.
The participation of the cantons in the Confederation's foreign policy aims to: a. ensure that the interests of the cantons are taken into consideration during the preparation and implementation of the Confederation's decisions in matters of foreign policy; b. contribute, as far as possible, to preserving the competencies of the cantons during the conclusion, modification, or termination of international treaties; c. support the Confederation's foreign policy on the domestic front.
The participation of the cantons in the Confederation's foreign policy is based on the reciprocal exchange of information.
The Confederation shall inform the cantons in a timely and detailed manner about foreign policy projects that affect their competencies or essential interests.
Information on the Confederation's foreign policy must be designed in such a way that it helps the cantons to provide the Confederation's foreign policy with a stronger foundation within domestic policy.
When preparing decisions in foreign policy that affect their competencies or essential interests, the Confederation consults the cantons that request it. It may also consult them on its own initiative.
As a general rule, it consults the cantons before commencing negotiations. The consultation supplements the procedure regarding international treaties.
The Federal Council takes into account the positions of the cantons. In areas affecting the competencies of the cantons, these positions carry particular weight; when the Federal Council diverges from the positions of the cantons, it communicates the essential reasons for doing so to them.
If the competencies of the cantons are affected, the Confederation involves representatives of the cantons in the preparation of negotiation mandates as well as, generally, in the negotiations.
It may do so even if the competencies of the cantons are not affected.
The cantons propose their representatives; these representatives are appointed by the Confederation.
The confidentiality of the handling of information must be guaranteed.
Insofar as the implementation of international law is incumbent upon them, the cantons are obliged to make the necessary adjustments in a timely manner.