Ordinance of August 24, 2022, on the Transparency of Political Life Financing (OFipo) - Purpose (OFIPO)

This ordinance regulates the modalities of the obligation to declare the financing: a. of political parties represented in the Federal Assembly and members of the Federal Assembly who are not affiliated with any party (Art. 76b LDP); b. of campaigns for elections to the National Council or the Council of States or for federal referendums (Art. 76c LDP).

It also regulates the competent authority and the procedure of notification, control, publication, as well as the restitution of donations received unlawfully.

This ordinance regulates the modalities of the obligation to declare the financing: a. of political parties represented in the Federal Assembly and members of the Federal Assembly who are not affiliated with any party (Art. 76b LDP); b. of campaigns for elections to the National Council or the Council of States or for federal referendums (Art. 76c LDP).

It also regulates the competent authority and the procedure of notification, control, publication, as well as the restitution of donations received unlawfully.

For the purposes of this ordinance, the following definitions apply

a. revenues: occasional or recurring inflows in the form of cash or assets, services received for free or at a price lower than the market rate that the service provider typically offers commercially, as well as monetary equity that natural or legal persons or partnerships campaigning provide to a campaign;

b. monetary donations: financial benefits granted by natural or legal persons or partnerships in the form of cash, bank transfers, debt assumption, or debt forgiveness;

c. non-monetary donations: goods or services usually offered commercially by the service provider, provided for free or at a price lower than the market rate by natural or legal persons or partnerships, if it is recognizable to the beneficiary, considering the circumstances, that the donation is made with the purpose of supporting a political party, a member of the Federal Assembly who is not affiliated with any party, or a campaign;

d. campaigning: planning and conducting activities aimed at influencing an election to the Federal Assembly or a federal vote;

e. expenses: all expenditures, in cash or in kind, as well as services obtained for free or at a price lower than the market rate, which are usually provided commercially by the service provider.

For the purposes of this ordinance, the following definitions apply

a. revenues: occasional or recurring inflows in the form of cash or assets, services received for free or at a price lower than the market rate that the service provider typically offers commercially, as well as monetary equity that natural or legal persons or partnerships campaigning provide to a campaign;

b. monetary donations: financial benefits granted by natural or legal persons or partnerships in the form of cash, bank transfers, debt assumption, or debt forgiveness;

c. non-monetary donations: goods or services usually offered commercially by the service provider, provided for free or at a price lower than the market rate by natural or legal persons or partnerships, if it is recognizable to the beneficiary, considering the circumstances, that the donation is made with the purpose of supporting a political party, a member of the Federal Assembly who is not affiliated with any party, or a campaign;

d. campaigning: planning and conducting activities aimed at influencing an election to the Federal Assembly or a federal vote;

e. expenses: all expenditures, in cash or in kind, as well as services obtained for free or at a price lower than the market rate, which are usually provided commercially by the service provider.

Political parties represented in the Federal Assembly must declare their financing for each calendar year.

They must disclose the information referred to in Art. 76 b, para. 2, LDP no later than June 30 of the following year.

The obligation to declare applies regardless of whether a party is organized at the national level or exclusively at the cantonal, regional, or communal level.

Political parties represented in the Federal Assembly must declare their financing for each calendar year.

They must disclose the information referred to in Art. 76 b, para. 2, LDP no later than June 30 of the following year.

The obligation to declare applies regardless of whether a party is organized at the national level or exclusively at the cantonal, regional, or communal level.

Members of the Federal Assembly who are not affiliated with any party must declare their monetary and non-monetary contributions for each calendar year.

They shall communicate the information specified in Art. 76b, para. 2, let. b, of the LDP by no later than June 30 of the following year.

Only contributions received during the period when the member is not affiliated with any party need to be declared.

Members of the Federal Assembly who are not affiliated with any party must declare their monetary and non-monetary contributions for each calendar year.

They shall communicate the information specified in Art. 76b, para. 2, let. b, of the LDP by no later than June 30 of the following year.

Only contributions received during the period when the member is not affiliated with any party need to be declared.

If it is likely that the expenses related to a campaign referred to in Art. 76 c, para. 1, LDP, exceed 50,000 francs, the individuals and partnerships campaigning must declare, within the period provided by Art. 76 d, para. 1, let. b, LDP, their budgeted revenues and monetary and non-monetary donations exceeding 15,000 francs. This also applies to joint campaigns referred to in Art. 76 c, para. 4, LDP, for which several natural or legal persons, or partnerships, plan a campaign together and present themselves together in public.

If it is only after the deadline that it becomes apparent that more than 50,000 francs have been spent on a campaign, the budgeted revenues and monetary and non-monetary donations exceeding 15,000 francs must be declared within 10 working days.

The communication referred to in Art. 76 d, para. 2, LDP must be made within 5 working days following the receipt or acknowledgment of the donation transfer.

If it is likely that the expenses related to a campaign referred to in Art. 76 c, para. 1, LDP, exceed 50,000 francs, the individuals and partnerships campaigning must declare, within the period provided by Art. 76 d, para. 1, let. b, LDP, their budgeted revenues and monetary and non-monetary donations exceeding 15,000 francs. This also applies to joint campaigns referred to in Art. 76 c, para. 4, LDP, for which several natural or legal persons, or partnerships, plan a campaign together and present themselves together in public.

If it is only after the deadline that it becomes apparent that more than 50,000 francs have been spent on a campaign, the budgeted revenues and monetary and non-monetary donations exceeding 15,000 francs must be declared within 10 working days.

The communication referred to in Art. 76 d, para. 2, LDP must be made within 5 working days following the receipt or acknowledgment of the donation transfer.

At the end of a campaign as defined in Art. 76 c, paragraphs 1 and 3, LDP, individuals and legal entities, as well as partnerships campaigning, must declare the final account of revenues if it shows that more than 50,000 francs were spent on the campaign.

The final account must contain the information specified in Art. 9.

At the end of a campaign as defined in Art. 76 c, paragraphs 1 and 3, LDP, individuals and legal entities, as well as partnerships campaigning, must declare the final account of revenues if it shows that more than 50,000 francs were spent on the campaign.

The final account must contain the information specified in Art. 9.

The Federal Audit Office (FAO) is responsible for receiving the communications. It ensures their review and publication.

The Federal Audit Office (FAO) is responsible for receiving the communications. It ensures their review and publication.

Political actors shall enter their communications in a timely manner and on their own initiative into an electronic register.

The CDF provides and operates the electronic register.

In exceptional cases, communications may be submitted on paper through postal mail to the CDF. The CDF provides forms for this purpose.

Political actors shall enter their communications in a timely manner and on their own initiative into an electronic register.

The CDF provides and operates the electronic register.

In exceptional cases, communications may be submitted on paper through postal mail to the CDF. The CDF provides forms for this purpose.

Communications must contain the following information: a. name, first name, address, municipality of residence or company name and registered office of political actors; b. the total amount of income; c. income from monetary donations; d. the value of income from non-monetary donations; e. income generated from events; f. income from the sale of goods and services; g. for political parties: 1. income from member contributions, 2. income from contributions related to mandates of deputies elected at the federal level as well as holders of mandates elected by the Federal Assembly; h. for campaigns: own monetary funds; i. for campaigns: which candidates or voting result are to be supported by the expenses.

Communications must contain the following information: a. name, first name, address, municipality of residence or company name and registered office of political actors; b. the total amount of income; c. income from monetary donations; d. the value of income from non-monetary donations; e. income generated from events; f. income from the sale of goods and services; g. for political parties: 1. income from member contributions, 2. income from contributions related to mandates of deputies elected at the federal level as well as holders of mandates elected by the Federal Assembly; h. for campaigns: own monetary funds; i. for campaigns: which candidates or voting result are to be supported by the expenses.

Donations exceeding 15,000 francs during campaigns must be substantiated by an accounting excerpt and a bank statement or a confirmation from the donor at the time of receipt of the donation or, at the latest, with the final statement.

The donor is considered to be the natural or legal person or partnership who originally granted the donation to support the political actor.

A donation is deemed to be granted when: a. the recipient has access to it; b. it is promised for a campaign and the recipient can in good faith expect to receive it.

For non-monetary donations, the value in kind, the type of service, and the method of valuation must also be specified; the value must be calculated at market price.

Donations exceeding 15,000 francs during campaigns must be substantiated by an accounting excerpt and a bank statement or a confirmation from the donor at the time of receipt of the donation or, at the latest, with the final statement.

The donor is considered to be the natural or legal person or partnership who originally granted the donation to support the political actor.

A donation is deemed to be granted when: a. the recipient has access to it; b. it is promised for a campaign and the recipient can in good faith expect to receive it.

For non-monetary donations, the value in kind, the type of service, and the method of valuation must also be specified; the value must be calculated at market price.

The CDF checks whether the communications are complete and submitted within the deadlines.

The CDF checks whether the communications are complete and submitted within the deadlines.

The CDF conducts sample checks of the accuracy of the information submitted during each referendum and election for natural persons, legal entities, or partnerships campaigning, as well as annually for political parties. It also verifies whether the political actors have provided all the information and documents required by law. The checks may take place on-site.

The CDF conducts sample checks of the accuracy of the information submitted during each referendum and election for natural persons, legal entities, or partnerships campaigning, as well as annually for political parties. It also verifies whether the political actors have provided all the information and documents required by law. The checks may take place on-site.

The CDF may require the political actors concerned to collaborate in the clarification of facts and to provide the necessary documents and information.

The CDF may require the political actors concerned to collaborate in the clarification of facts and to provide the necessary documents and information.

The CDF may supplement the information and documents to be published referred to in Art. 76f LDP with factual information and statistics, insofar as they serve to explain and clarify the information.

Supporting documents, particularly bank statements and payment confirmations, are not published.

The deadlines provided in Art. 76f, para. 2, LDP remain applicable if an additional deadline is set according to Art. 76e, para. 2, LDP.

The CDF may publish a list of political actors who have been subject to a material review.

The CDF may supplement the information and documents to be published referred to in Art. 76f LDP with factual information and statistics, insofar as they serve to explain and clarify the information.

Supporting documents, particularly bank statements and payment confirmations, are not published.

The deadlines provided in Art. 76f, para. 2, LDP remain applicable if an additional deadline is set according to Art. 76e, para. 2, LDP.

The CDF may publish a list of political actors who have been subject to a material review.

During publication, the CDF expressly states that it does not guarantee the accuracy of the information and documents published.

The information and documents provided are also published if there is suspicion of a violation of disclosure obligations and a criminal proceeding is initiated.

If a criminal judgment has become final, the CDF mentions it without comment in the relevant information and documents.

During publication, the CDF expressly states that it does not guarantee the accuracy of the information and documents published.

The information and documents provided are also published if there is suspicion of a violation of disclosure obligations and a criminal proceeding is initiated.

If a criminal judgment has become final, the CDF mentions it without comment in the relevant information and documents.

The CDF publishes the information of political parties and deputies of the Federal Assembly who are not members of any party no later than 31 August.

The CDF publishes the information of political parties and deputies of the Federal Assembly who are not members of any party no later than 31 August.

The CDF publishes the information and documents for 5 years after their receipt.

The preservation of the information and documents is governed by the Federal Act of June 26, 1998, on Archiving.

The CDF publishes the information and documents for 5 years after their receipt.

The preservation of the information and documents is governed by the Federal Act of June 26, 1998, on Archiving.

Anonymous donations and donations from abroad must be returned within 30 days of their receipt.

If the return is not possible or cannot be reasonably demanded, the donation must be reported to the CDF within 5 days following the expiration of the period provided in para. 1. The CDF determines the conditions for the transfer to the Confederation.

Anonymous donations and donations from abroad must be returned within 30 days of their receipt.

If the return is not possible or cannot be reasonably demanded, the donation must be reported to the CDF within 5 days following the expiration of the period provided in para. 1. The CDF determines the conditions for the transfer to the Confederation.

The obligation to declare for political parties and members of the Federal Assembly who are not members of any party, as referred to in Art. 76 b LDP, applies from January 1, 2023, for the 2023 calendar year.

The obligation to declare for election campaigns, as referred to in Art. 76 c, para. 1 and 3, LDP, applies from October 23, 2022, for the elections to the National Council or the Council of States of October 22, 2023.

The obligation to declare for voting campaigns, as referred to in Art. 76 c, para. 1, LDP, applies from March 4, 2023, for the federal votes of March 3, 2024.

The obligation to declare for political parties and members of the Federal Assembly who are not members of any party, as referred to in Art. 76 b LDP, applies from January 1, 2023, for the 2023 calendar year.

The obligation to declare for election campaigns, as referred to in Art. 76 c, para. 1 and 3, LDP, applies from October 23, 2022, for the elections to the National Council or the Council of States of October 22, 2023.

The obligation to declare for voting campaigns, as referred to in Art. 76 c, para. 1, LDP, applies from March 4, 2023, for the federal votes of March 3, 2024.

This Ordinance shall enter into force on 23 October 2022.