NCP Switzerland
This page provides information related to NCP Switzerland. Directly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP Switzerland
NCP considers only the six admissibility criteria set out in the Guidelines and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP's case-handling procedures sets out the six admissibility criteria in line with the Guidelines. In practice, the Swiss NCP has been criticised for an overly narrow interpretation of financial institutions responsibilities over its nominee shareholdings in a case filed against UBS Group. While this does represent a concern over the NCP's interpretation of the admissibility criteria, it does not constitute an additional criteria outside of those set out in the Guidelines.
Source
Case-handling procedures, Section 3.4: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
Society for Threatened Peoples Switzerland vs. UBS Group: https://www.oecdwatch.org/complaint/society-for-threatened-peoples-switzerland-vs-ubs-group/
NCP assesses the issues raised even if mediation is declined by a party and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that "if no agreement is reached or one of the parties is not willing to take part in the proceedings, the NCP also makes this publicly available in a final statement. This statement includes a summary of the reasons why no agreement is reached". The NCP also states that it may provide recommendations for the implementation of the Guidelines within its final statement, therefore implying that the NCP will assess the issues raised. In practice the NCP has done so.
Source
Case-handling procedures, Section 3.4, Step 5: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
Swiss Tibetan Friendship Association and others vs. International Olympic Committee: https://www.oecdwatch.org/complaint/swiss-tibetan-friendship-association-and-others-vs-international-olympic-committee/
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Swiss NPC has published its case-handling procedures in German, Italian and French, the official country languages, in addition to English.
Source
Case-handling procedures in German:
https://www.seco.admin.ch/seco/de/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/organisation-und-kontaktaufnahme.html
Case-handling procedures in Italian:
https://www.seco.admin.ch/seco/it/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/organisation-und-kontaktaufnahme.html
Case-handling procedures in French:
https://www.seco.admin.ch/seco/fr/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/organisation-und-kontaktaufnahme.html
Case-handling procedures in English:
https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/organisation-und-kontaktaufnahme.html
NCP does not allow companies to remain anonymous when a complaint is filed and/or has a commitment not to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that it "informs the public upon receipt of a submission through the entry in the OECD [complaints] database" and this database includes the names of the companies at the time of filing. The information is not, however, available on the NCP's website until the initial assessment stage.
Source
Case-handling procedures, Section 3.5: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
Information on Specific Cases: https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/Statements_zu_konkreten_Faellen.html
NCP allows complainants to withhold their identity from the company for security reasons, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP does not state that complainants can withhold their identity from the company for security reasons. In practice, the NCP has withheld the names of complainants from the company due to the fear of reprisals.
Source
Two individuals from Nepal vs. Visa Facilitation Services (VFS) Global: https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/Statements_konkrete_F%C3%A4lle/Initial%20assessment%20VFS%20%E2%80%93%20Individuals%20Nepal.pdf.download.pdf/Initial%20assessment%20VFS%20%E2%80%93%20Individuals%20Nepal.pdf
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Swiss NCP provides a checklist of things that should be included in a complaint filing that is available in English, German, French and Italian.
NCP follows the expected timeline for each stage of the complaint-handling procedure and communicates punctually with all complaint parties over the status of the complaint, including any reasonable delays, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that the NCP should strive to conclude the procedure within 12 months (14 months if coordination to determine a lead NCP is needed). In addition, it states that parties will be informed in a timely manner of any delays.
Source
Case-handling procedures, section 3.4: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP website contains a permanent record of every complaint received by the NCP, including parties to the complaint, the issue(s) addressed, and the status of the complaint.
Evaluation
The Swiss NCP has information on all complaints filed to the NCP on its website, including the parties to the complaint and status of the complaint. The NCP includes the issues addressed within statements such as the initial assessment, final statement, or follow-up statement.
NCP prevents or addresses potential or perceived conflicts of interest of any person playing a role for the NCP in the complaint and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that "employees of the NCP Secretariat, the ad hoc groups and members of the NCP Advisory Board shall recuse themselves if they are biased or appear to be biased".
Source
Case-handling procedures, Section 3.6: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP recommends consequences from its government for companies that engage in bad faith in the proceedings or fail to implement agreements reached, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states in its Annual Report that it has informed officials responsible for reviewing eligibility for government support and services about companies' engagement in specific instances, and also that the Swiss Export Risk Insurance SERV relies on statements of the NCP for its rating. Yet the NCP has not publicly recommended consequences for companies that have engaged in bad faith in the proceedings.
Source
Annual Report 2023, F. Support for government policies to promote RBC – (c) Engagement with relevant officials, question 56-57
NCP clarifies how it will engage with other NCPs in relation to the handling of complaints, including explaining when complaints may be jointly handled or transferred to other NCPs.
Evaluation
The Swiss NCP clarifies the process of coordination between NCPs.
Source
Case-handling procedures, Section 3.2: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP makes determinations in its final statements when no agreement is reached explaining how the company has (not) observed specific provisions of the Guidelines, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that it's "task is to encourage discussion between the parties involved in order to develop forward-looking solutions rather than establish whether or not a breach of OECD Guidelines has taken place". Therefore, they do not issue determinations.
Source
Case-handling procedures, section 3.2: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP ensures a low threshold to assess whether the issue is material and substantiated and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that an issue is material if it is relevant to the implementation of the Guidleines and substantiated if it is supported by sufficient and credible information.
NCP ensures it has access to and, where relevant, uses investigative resources and broad external subject-matter expertise to support its complaint handling functions, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that it "may seek to clarify questions in connection with the issue on its own or with the help of internal experts", but does not extend this to the use of external expertise. In practice, the NCP has consulted external experts where necessary in complaints.
Source
Case-handling procedures, Section 3.2: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP always engages in follow-up and publishes follow-up statements where relevant, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states it will conduct follow-up on agreements it facilitates or recommendations made where relevant. The NCP has published follow-up statements in practice.
Source
Case-handling procedures, section 3.4, Stage 6: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Swiss NCP states that the aim of mediation is for the parties to agree on the essential facts of the case, consider them according to the OECD Guidelines and discuss possible solutions. Therefore, the NCP does ensure that any agreements reached are compatible with the Guidelines, but it does not explicitly state that it will ensure it will include a commitment by the company to further the implementation of the Guidelines in the future and, where relevant and as appropriate, address past harms.
Source
Case-handling procedures, Section 3.2: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP accepts complaints in national language(s) and English and covers the cost of translation of key filings and statements and interpretation during mediation, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP accepts complaints in German, French, Italian, and English. It will not provide parties with any financial assistance, including for translation or interpretation costs. The NCP can, in "well-founded exceptional cases...at its own discretion consider providing financial assistance to the parties".
Source
Case-handling procedures, Section 3.4: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP holds mediation in the most accessible manner for complainants and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that mediation normally takes place in Switzerland, but that it can also be conducted in a virtual or hybrid format.
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP accepts complaints despite parallel proceedings. It states that it will asses whether its involvement could posibitively contribute to resolving the issues raised or if it would prejudice either of the parties involved in other proceedings. The NCP does not explain how it will work to accept complaints despite parallel proceedings, such as by partially accepting or temporarily suspending a complaint while other proceedings are ongoing, nor does it commit to consult with parties or the parallel grievance mechanism in question.
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Swiss NCP does not provide an external review process.
NCP consults parties on and publishes a final statement that includes the basic information required after the case reaches that stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that it will publish a final statement when the case reaches that stage and that parties have an opportunity to comment on a draft statement "with regard to factual errors".
Source
Case-handling procedures, Section 3.4, Step 5: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP website shows the initial assessment for every complaint received which is published after the initial assessment stage is concluded, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP publishes an initial assessment on its website for every complaint received.
Source
Case-handling procedures, page 4: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
Complaints database: https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/Statements_zu_konkreten_Faellen.html
NCP makes recommendations in its final statements on specific company action needed to support remediation of past harm and/or observe the Guidelines in future, and/or the NCP has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that the NCP "may draw up recommendations for implementation of the OECD Guidelines" or "in consultation with parties, it can envisage specific follow-up activities" in a final statement. It has provided recommendations in practice.
Source
Case-handling procedures, Section 3.4, Stage 5: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
Swiss Tibetan Friendship Association and others vs. International Olympic Committee: https://www.oecdwatch.org/complaint/swiss-tibetan-friendship-association-and-others-vs-international-olympic-committee/
GLAN vs. Glencore: https://www.oecdwatch.org/complaint/glan-vs-glencore/
Public Eye et. al. v.s Syngenta: https://www.oecdwatch.org/complaint/public-eye-et-al-vs-syngenta/
NCP proclaims zero tolerance for reprisals against the NCP and implements measures to respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that "the threat or use of any reprisals against a party involved in the proceedings, external mediators or employees of the NCP during or after the conclusion of the proceedings is impermissable". It includes examples of what a reprisal is and states that "if necessary, the NCP, together with the other relevant actors, can take appropriate measures to protect the parties involved, the mediators and the employees of the NCP within the framework of its procedural control and its capacities". The NCP gets a partial score because it does not set out proactive measures the NCP will take to prevent or mitigate risks of reprisals against the NCP.
Source
Case-handling procedures, Section 3.8 https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP proclaims zero tolerance for reprisals against complainants and assesses and implements measures to prevent and respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that "the threat or use of any reprisals against a party involved in the proceedings, external mediators or employees of the NCP during or after the conclusion of the proceedings is impermissable". It includes examples of what a reprisal is and states that "if necessary, the NCP, together with the other relevant actors, can take appropriate measures to protect the parties involved, the mediators and the employees of the NCP within the framework of its procedural control and its capacities". The NCP gets a partial score because it does not set out proactive measures the NCP will take to prevent or mitigate risks of reprisals against complainants.
Source
Case-handling procedures, Section 3.8: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP supports transparency between the parties in the complaint process generally, including by the sharing of all relevant facts and arguments brought forward by each party during the proceedings with other parties, requiring confidentiality only over the personal identities of parties for security/privacy reasons or legitimately sensitive business information, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that "all written information received will be passed on to the other parties involved, unless there are valid reasons for information to be retained e.g. company confidentiality. It does not define company confidentiality further or state that information on the personal identities of parties may be redacted.
Source
Case-handling procedures, section 3.4: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
NCP supports transparency during the complaint process by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP requires confidentiality only over the personal identities of parties for security/privacy reasons, legitimately sensitive business information, and documents shared and discussions had during the mediation stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Swiss NCP states that "unless otherwise agreed, the parties involved in the proceedings and the NCP are generally permitted to provide information about the existence and stage of NCP proceedings". The procedures do not clarify whether complainants may publish their complaint, but in practice complainants have been able to publish their own complaint. The NCP does not outline explicitly what should remain confidential beyond what is shared during mediation.
Source
Case-handling procedures, Section 3.5: https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/NKP-Verfahrensanleitung.pdf.download.pdf/Verfahrensanleitung_NKP_2014_E.pdf
Complaints: https://www.oecdwatch.org/complaints-database/?fwp_ncp=23225
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Swiss NCP has a dedicated budget. Information on the budget is shared on its website through Annual Reports.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Swiss NCP does not have an independent expert structure; it has a multipartite structure through which complaints are handled by an internal working group composed of members of the Federal Administration (government officials).
Source
Organisation and Procedures: https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/nachhaltigkeit_unternehmen/nkp/organisation-und-kontaktaufnahme.html
Annual Report 2023, question 1
NCP is not housed within a ministry focused on economics, trade, or investment to limit risk of real or perceived conflict of interest.
Evaluation
The Swiss NCP is housed within the State Secretariat of Economic Affairs at the International Investment and Multnational Enterprises unit.
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Swiss NCP's advisory body is chaired by the Director of the State Secretariat of Economic Affairs. The advisory board advises the NCP on its strategic orientation and application of the OECD Guidelines.
Source
Ordinance on the Organisation of the National Contact Point for the OECD Guidelines for Multinational Enterprises and on its Advisory Board: https://www.fedlex.admin.ch/eli/cc/2013/301/en
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Swiss NCP has 1 full-time staff member and 3 part-time staff members that spend between 10 - 30% of their time working on NCP matters. They all hold permanent positions.
Source
Annual Report 2023, question 8 – 9
NCP has a multi-stakeholder advisory body involving all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses). The advisory body is meaningfully consulted by the NCP on its promotional and complaint-handling activities at least 2 times a year.
Evaluation
The Swiss NCP has an advisory board with 14 representatives, including the Director of the State Secretariat of Economic Affairs, three members of the Federal Administration, and two representatives from each stakeholder group: employer associations, trade unions, business associations, NGOs, and academia. The advisory board meets twice a year and minutes of these meetings are available on the website.
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The NCP's advisory body (which includes representatives from stakeholder groups) is informed of ongoing complaints and can ask procedural questions. In addition, if the working party decides to reject a complaint, the NCP's advisory body is consulted on the decision.
NCP has a website that shows:
- Contact information for the NCP;
- Links to the Guidelines and translations of the Guidelines in national language(s) and English;
- Links to the OECD Due Diligence Guidance documents;
- A comprehensive description of the Guidelines, due diligence, and the dual mandate of the NCP in national language(s) and English; and
- The NCP’s most recent annual report to the OECD.
Evaluation
The Swiss NCP's website includes all the items listed, including in all national languages. The 2023 Annual Report is available in German on the NCP's website.
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Swiss NCP has organised events targeted towards stakeholder groups, including businesses, NGOs, trade unions, academia, and the government. However, it has not (co-)organised events or published promotional material specifically targeted towards civil society.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Swiss NCP co-organised an event on responsible business conduct for future Swiss Diplomats. In addition, the NCP coordinates a responsible business conduct working group within the public administration that meets 3 - 4 times a year to discuss topics related to the OECD Guidelines.
Source
Annual Report 2023, question 49 – 50 & Annex, Table 1 & 2
NCP supports its government in developing, implementing, and fostering policies, programmes, and/or laws on responsible business conduct that are coherent with the Guidelines.
Evaluation
The Swiss NCP states in its Annual Report that it has "contributed its expertise to the adaptation of Swiss legislation on sustainability reporting to the EU CSRD Directive" and "to the analysis of the impact of the EU Due Diligence Directive for Swiss Companies". In addition, the NCP states that it was involved in/consulted on the Code of Obligations adopted by the Federal Council that is based on the OECD Due Diligence Guidance for Responsbile Supply Chains of Minerals from Conflict-Affected and High Risk Areas.
Source
Annual report 2023; questions 51 – 59