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18 May 2018

Swiss Parliament (unofficial translation by Swiss Coalition for Corporate Justice)

Full text of Swiss Parliament's counter-proposal to the responsible business initiative available in English

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[Please note that this is an unofficial translation. The original text was published May 4th 2018 in French and German.]

[D]ue diligence [...] applies to companies which, alone or together with one or more domestic or foreign companies controlled by them, exceed two of the following values in two consecutive financial years:

a. balance sheet total of 40 million Swiss francs;

b. sales of 80 million Swiss francs;

c. 500 full-time positions on an annual average.

This Article furthermore applies to companies whose activities entail a particularly high risk of violating the provisions for the protection of human rights and the environment, also abroad. It is not applicable to companies with such a risk that is particularly small...

[C]ompanies [...] are also liable for the damage caused to life and limb or property abroad by companies actually controlled by them... In particular, companies shall not be liable if they can prove that they have taken the measures required by law to protect human rights and the environment in order to prevent such damage or that they have not been able to influence the conduct of the controlled company in connection with the alleged infringements.