¹ This order governs the entry into Switzerland and the granting of visas to foreigners.

² It is applicable in so far as the association agreements with Schengen do not provide otherwise.

³ The Schengen association agreements are listed in Annex 1.

¹ The conditions of entry for a stay not exceeding 90 days or for transit purposes are governed by Art. 5 of the Regulation (EC) n ^O 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code relating to the regime for the crossing of borders by persons (Schengen Borders Code) ¹ . ²

² The financial means referred to in s. 5, para. 1, let. C, of the Schengen Borders Code are, inter alia, deemed sufficient if it is guaranteed that the alien will not use social assistance during his stay in Switzerland. Can be accepted as evidence of sufficient financial means of cash or bank assets, a declaration of care, medical travel insurance or other guarantee (art. 7 to 11). ³

³ For a stay greater than 90 days ⁴ , the alien must complete, in addition to the requirements of s. 5, para. 1, let. A, d and e, of the Schengen Borders Code, the following entry conditions:

A. ⁵

If necessary, it must have obtained a national visa within the meaning of s. 5;

B.

It must fulfil the conditions of admission for the purpose of the intended stay.

⁴ Within the limits of their competence, the Federal Department of Foreign Affairs (DFAE) and the State Secretariat for Migration (SEM) ⁶ May, in certain cases, grant entry for a period not exceeding 90 days, on humanitarian grounds, to safeguard national interests or because of international obligations (Art. 5, para. 4, let. C, of the Schengen Borders Code). ⁷

¹ When entering Switzerland, foreigners must be in possession of a valid travel document recognized by Switzerland. Demo reserved the contrary provisions in bilateral or multilateral agreements.

² A travel document is recognized by the SEM if it meets the requirements set out in s. 12 of the EC Visa Code ² And: ³

A.

Whether it refers to the identity of the holder and his or her belonging to the State or the territorial community that issued it;

B.

It has been established by a state or territorial community recognized by Switzerland;

C.

Whether the State or the territorial community which issued it guarantees at all times the return of its nationals;

D.

If the document presents the required safety elements in accordance with the international criteria, in particular applicable, in this respect, the standards set out in Annex 9 to the Convention of 7 December 1944 on international civil aviation ⁴ .

³ The SEM may, in duly justified cases, recognise travel documents in derogation from para. It may, in particular, do so when a State has issued a travel document to a person lawfully staying in that State without being a national.

⁴ The SEM may, in duly justified cases, authorise exceptions to the obligation of the travel document, in particular on humanitarian grounds or in order to safeguard national interests.

¹ Nationals of the states listed in Annex I to Regulation (EC) No ^O 539/2001 ² Are subject to the visa requirement for entry for a stay of not more than 90 days. ³

² Released from the visa requirement, in derogation from para. 1, the following persons:

A.

Holders of a valid and recognised travel document and a valid residence permit issued by a State (Schengen State) bound by one of the association agreements in Schengen ⁴ (art. 5, para. 1, let. B, and art. 34, para. 1, let. The Schengen Borders Code ⁵ );

B.

Holders of a valid Iranian diplomatic passport or a valid diplomatic, service, special or official passport issued by Bolivia, Colombia, the Dominican Republic, Ecuador, Morocco, Peru, Tunisia or other States With which Switzerland has concluded bilateral or multilateral agreements;

C.

Aircraft pilots and other crew members in accordance with Annex VII, c. 2 of the Schengen Borders Code;

D.

Holders of United Nations laissez-passer;

E.

Schoolchildren from a non-member state of the European Union (EU) or the European Free Trade Association (EFTA) who are domiciled in a Member State of the EU or EFTA, provided that their names appear on the list of pupils Issued or authenticated by the competent authorities of the State concerned, in accordance with Decision 94 /795/JAI ⁶ ;

F.

Holders of a travel document for refugees issued by a Member State of the EU or EFTA in accordance with the agreement of 15 October 1946 on the issue of a travel document to refugees within the competence of the Committee Intergovernmental for refugees ⁷ Or the Convention of 28 July 1951 relating to the status of refugees ⁸ , as long as they stay in that State;

G.

Holders of a stateless travel document issued by a Member State of the EU or EFTA, provided that they stay in that State, in accordance with the Convention of 28 September 1954 on the Status of Stateless Persons ⁹ .

³ Nationals of the states listed in Annex II to Regulation (EC) No ^O 539/2001, as well as the groups of British citizens listed in point 3 of this Annex, are not subject to the visa requirement for entry for a stay of not more than 90 days. ¹⁰

⁴ In derogation from para. 3, stays for the purpose of carrying out a gainful occupation shall be subject to the following rules:

A. ¹¹

Nationals of the States referred to in Annex 2 shall be subject to the visa requirement from the first day on which they engage in a gainful occupation;

B. ¹²

Nationals of the states and local authorities referred to in Annex 3 shall be subject to the visa requirement to the extent that they engage in a gainful occupation for more than 8 days per calendar year; nationals of those States and Nevertheless, territorial authorities are subject to the visa requirement on the first day on which they carry on an activity if they are employed in construction, civil engineering, the second work, the hotel, catering, industrial cleaning or Domestic, surveillance, safety or sex industry;

C. ¹³

British citizens who are not nationals of the United Kingdom of Great Britain or Northern Ireland (British nationals [overseas], citizens of the British Overseas Territories, British Overseas Citizens, subjects British and protected British persons) are subject to the visa requirement to the extent that they engage in a gainful occupation for more than eight days per calendar year; these persons are nevertheless subject to the visa requirement as soon as possible. First day they carry on an activity if they work in construction, engineering Civilian, second work, hotel, restaurant, industrial or household cleaning, surveillance, safety or sex industry.

⁵ The Federal Department of Justice and Police (DFJP) adapts Annex 3 as soon as Switzerland is informed of the conclusion of an agreement on the lifting of the visa requirement between the EU and one of the states or one of the local authorities listed in the Annex Regulation (EC) No 539/2001. ¹⁴

¹ Nationals of a Member State which is not a member of the EU or EFTA must obtain a national visa to enter Switzerland for a stay of more than 90 days.

² Released from the visa requirement, in derogation from para. 1, nationals of Andorra, Brunei Darussalam, Vatican City, Japan, Malaysia, Monaco, New Zealand, San Marino and Singapore.

¹ Passengers who hold a valid travel document are released from the visa requirement: ²

A. ³

They do not leave the international airport transit area;

B. ⁴

...

C.

If they have the travel documents and visas required for entry to their country of destination;

D.

If they have an airline ticket allowing them to continue their journey to their destination; and

E.

If they have made the necessary bookings for this purpose before they arrive in Switzerland.

² In derogation from para. 1, are subject to the visa requirement in accordance with Art. 3, para. 1, and Annex IV of the EC Visa Code ⁵ Nationals of Afghanistan, Bangladesh, the Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Iraq, Iran, Nigeria, Pakistan, Somalia and Sri Lanka. ⁶

^2bis If a large number of nationals of certain countries enter Switzerland illegally as passengers of aircraft in transit, the DFJP can introduce a visa requirement within the meaning of Art. 3, para. 2, of the EC Visa Code. ⁷

³ In accordance with Art. 3, para. 5, and in Annexes IV and V of the EC Visa Code, the following persons are exempt from the visa requirement laid down in paras. 2 and 2 ^Bis : ⁸

A. ⁹

Holders of a valid residence permit issued by a Member State of the EU or the AECB;

B. ¹⁰

Nationals of a State which is not a member of the EU or EFTA, holders of a valid residence permit issued by Andorra, Canada, the United States of America, Japan or San Marino, in accordance with the list set out in Annex V to the Code of EC visas;

C. ¹¹

Nationals of a Member State which is not a member of the EU or EFTA, holders of a valid visa for an EU or EFTA State, or for Canada, the United States of America or Japan; if these nationals make their return journey after Expiry of the visa, the derogation from the visa requirement shall apply only if they return from the country which issued the visa;

D. ¹²

Members of the family of nationals of an EU Member State referred to in Annex I, Art. 3, of the Agreement of 21 June 1999 between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other part, on the free movement of persons (Agreement on the free movement of persons) ¹³ ;

E.

Holders of a valid diplomatic passport issued by one of the states mentioned in para. 2;

F.

Crew members of aeroplanes who are nationals of a State Party to the Convention of 7 December 1944 on International Civil Aviation ¹⁴ . ¹⁵

¹ The competent authorities in the field of authorisation may require foreign nationals to submit, as proof of the existence of sufficient financial resources (Art. 2, para. 2), a statement of care signed by a solvent person or entity who has his or her domicile or registered office in Switzerland. The written consent of the spouse of married natural persons is required. Registered partnerships are also subject to this regulation. ¹

² Where a foreigner cannot avail himself of the Agreement of 21 June 1999 on the free movement of persons ² , the border control bodies may require a declaration of support. ³

³ Can provide a statement of support:

A.

Swiss nationals;

B.

Aliens holding a residence or establishment authorization (art. 33 and 34 LEtr);

C.

Legal persons registered in the register of commerce.

⁴ The MSS makes available the forms required under s. 14, para. 4, of the EC Visa Code ⁴ . ⁵

¹ The statement of care includes costs not covered by the community or private providers of medical benefits during the stay in Switzerland from abroad, i.e. living expenses, sickness and accident costs And the cost of return. ¹

² The declaration of ownership is irrevocable.

³ The undertaking begins to run on the date of entry into the Schengen area and ends twelve months after that date. ²

^3bis ... ³

⁴ Reimbursement of expenses not covered by the duration of the commitment may be required for five years.

⁵ The amount of the guarantee is set at 30 000 francs for any individual travelling on an individual basis, as well as for groups and families of up to ten people.

¹ The competent cantonal or local authority controls the statement of support.

² It may, on fair grounds, on a case-by-case basis, provide information concerning the declaration of care to the authorities concerned, in particular the competent authorities in the field of social assistance.

¹ The visa applicant must prove that he has completed adequate and valid medical travel insurance within the meaning of s. 15 of the EC Visa Code ² .

² Released from the obligation to purchase travel medical insurance:

A.

Persons on whose behalf the host or guarantor having its registered office or domicile in Switzerland has purchased adequate medical travel insurance;

B.

Persons already covered by medical travel insurance underwritten in the professional context;

C. ³

Holders of diplomatic passports.

³ A foreigner applying for a visa to a Schengen external border may be released from the obligation to purchase travel medical insurance:

A.

If it is not possible to conclude such insurance at the border crossing point; or

B.

For humanitarian reasons. ⁴

A foreigner may, with the consent of the competent authorities in the field of authorization, furnish proof that he has sufficient financial resources (art. 2, para. 2) by means of a bank guarantee drawn up by a Swiss bank or similar guarantees.

The following visa categories are distinguished:

A.

Airport transit visa (category A);

B.

Short-stay visa not exceeding 90 days in the territory of the Schengen States (Schengen visa, category C);

C.

Restricted territorial validity visa, category A or C;

D.

Visa issued at the border, category A or C;

E.

National visa for a stay exceeding 90 days (category D).

¹ The admissibility of the visa application is governed by Art. 19 and 20 of the EC Visa Code ² An application for a visa is admissible if:

A.

The time limits for filing the application have been met;

B.

It is accompanied by the necessary documentation;

C.

The visa fee has been paid; and

D.

The visa applicant's biometric data has been entered.

² In derogation from para. 1, a visa application which does not comply with the conditions of admissibility may be considered admissible on humanitarian grounds or in order to safeguard national interests.

¹ A visa may be issued to any alien who meets the conditions of entry under s. 2.

² The visa is refused when:

A. ²

...

B.

The alien provides inaccurate or falsified credentials for fraudulently obtaining a visa;

C.

There are doubts as to the identity of the applicant or the purpose of his/her stay;

D. ³

The duration of validity of the travel document is less than that of the intended stay, including the time required for the return journey; remains reserved for the exceptional visa issued under Art. 2, para. 4;

E. ⁴

As part of the consultation procedure provided for in Art. 22 of the EC Visa Code ⁵ , a Schengen State opposes the granting of the visa;

F. ⁶

A travel document is presented which is not recognised for entry into all Schengen states;

G. ⁷

The reason for the stay is not provided;

H. ⁸

The applicant has already spent 90 days with a Schengen visa or a limited territorial validity visa, over a period of 180 days, in a Schengen State;

I. ⁹

Evidence that a valid travel medical insurance has been entered into is not provided.

³ If the visa is refused, the competent authority shall make a decision. ¹⁰

⁴ In the cases referred to in para. 2, let. E, f and h, the FDFA and the SEM may, within the limits of their respective powers, issue a visa with limited territorial validity (Art. 11 A , let. (c) for a stay in Switzerland for a period of not more than 90 days, for humanitarian reasons, to safeguard national interests or by virtue of international commitments. ¹¹

⁵ The airport transit visa (art. 11 A , let. (a) may be granted abroad which:

A.

Presents documentary evidence that it will continue to travel to the country of final destination;

B.

Makes it likely that it does not intend to enter the territory of a Schengen state. ¹²

¹ ... ²

² Art. 27 and Annex VII of the EC Visa Code ³ Determine how to complete the visa sticker. ⁴

³ The SEM makes available the required sheets according to Regulation (EC) No 333/2002 ⁵ .

¹ The duration of validity of the visa shall be determined according to the needs of the applicant and the validity of his travel document. It is governed by art. 24 and 26, para. 2 and 3 of the EC Visa Code ² , and is 180 days old ³ At most when the visa is issued for the first time, except in special cases duly justified.

² The maximum validity of the visa is five years.

³ A visa can be issued for one entry, for two entries or for multiple entries.

⁴ The duration of validity of the airport transit visa shall be equal to the time required to carry out the transit, but not more than 180 days.

The cantonal authorities competent in the field of aliens or the FDFA, pursuant to Art. 30, may extend a valid visa if the holder is likely to make serious personal reasons, if it is a case of force majeure or if there are humanitarian reasons and the departure of the holder within the prescribed period Made impossible.

The procedure for the granting of visas and the determination of the competence to establish the visa are governed by:

A. ¹

Art. 18 and 25 of the Convention implementing the Schengen Agreement between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic concerning the gradual abolition of controls on the Common borders, signed June 19, 1990 ² ;

B. ³

Art. 4 to 36 of the EC Visa Code ⁴ ;

C. ⁵

Art. 5, para. 4, let. B, of the Schengen Borders Code ⁶ ;

D. ⁷

...

E. ⁸

Art. 12 to 18 and 27 to 35 of this Order.

¹ The authorities responsible for controlling the conditions of entry cancel a visa in accordance with Art. 34, para. 1, of the EC Visa Code ² If it subsequently appears that the conditions of grant (Art. 12) were not fulfilled when issued.

² They shall repeal the visa in accordance with Art. 34, para. 2, of the code of EC visas where they find that the conditions of entry referred to in Art. 2 are no longer fulfilled.

³ A visa may also be revoked at the request of the holder (art. 34, para. 3, of the EC Visa Code).

⁴ If the cancelled or repealed visa has not been issued by Switzerland, the SEM shall inform the Schengen State which has issued the cancellation or revocation (Art. 34, para. 1 and 2 of the EC Visa Code).

(art. 98 B LEtr)

¹ The FDFA and the SEM ensure that the tasks delegated are only to external service providers that guarantee an adequate level of data protection. ²

² The DFAE enters into an agreement with the service providers responsible for performing certain tasks in the framework of the visa procedure, in accordance with Art. 43, para. 2, and Annex X of the EC Visa Code ³ .

³ It is owned by the FDFA:

A.

Verify the creditworthiness and reliability of mandated service providers;

B.

Verify compliance with the terms and conditions laid down in the agreement referred to in para. 2;

C.

To monitor the implementation of the convention referred to in para. 2, in accordance with s. 43, para. 11, of the EC visa code;

D.

Train the external service provider so that it has the necessary knowledge to provide adequate service and provide sufficient information to applicants;

E.

To ensure that data transmitted electronically to Swiss representations are secured within the meaning of s. 44 of the EC Visa Code.

⁴ Swiss representations may, in cooperation with other representations of the Schengen States, share the same service provider. In this case, the tasks referred to in para. 3 are done in collaboration.

⁵ External service providers may receive emoluments for their services, in addition to the usual fees for the granting of the visa, on the basis of the principle of coverage of actual costs. In accordance with Art. 17, para. 4 of the EC visa code, the fee charged may not exceed one half of the fee charged for the establishment of the visa.

⁶ In accordance with Art. 42 of the EC Visa Code, Honorary Consuls may also perform some or all of the tasks set out in Art. 43, para. 6 of the EC Visa Code.

The alien is required to observe the particulars of the purpose of the stay in his or her visa.

The holder of a Schengen visa may stay up to 90 days in a Schengen state for up to 90 days in accordance with art. 5, para. 1 and 1a of the Schengen Borders Code. ²

The SEM and, on its directives, the cantonal authorities competent in the field of aliens may grant a return visa to a foreigner whose residence conditions in Switzerland are not settled by a residence or establishment authorisation:

A.

If it meets the conditions of residence in Switzerland but does not have provisional residence or establishment authorisation;

B.

If his/her stay has been authorised in the context of the authorisation procedure referred to in Art. 17, para. 2, or

C. ²

Whether the conditions referred to in s. 9 of the order of 14 November 2012 on the establishment of foreign travel documents ³ Are completed.

The entry into Switzerland and the exit of Switzerland are governed by the Schengen Borders Code ¹ . ² The provisions of the Customs Act of 18 March 2005 are reserved. ³ And the implementing provisions relating thereto.

¹ The SEM establishes, after agreement with the Federal Customs Administration (AFD), the federal and cantonal authorities authorised to carry out checks on persons and the Federal Office for Civil Aviation, the external borders Schengen in Switzerland.

² Identity checks at the Schengen external borders at the entry and exit of Switzerland by land and air routes shall be governed by Annex VI, c. 1 and 2 of the Schengen Borders Code ¹ . ²

³ Entry by an aerodrome, which is not designated as the Schengen external border, requires prior authorisation from the authority authorised to carry out checks on persons at the aerodrome concerned.

¹ Where the conditions set out in s. 23, para. 1 of the Schengen Borders Code ¹ Are fulfilled, the Federal Council decides on the reintroduction of internal border controls. ²

² In the event of an emergency, the DFJP orders the immediate measures necessary to reintroduce border controls. He immediately informs the Federal Council. ³

³ Internal border controls are carried out by the Border Guard Corps in agreement with the border cantons.

¹ The DFJP rules the execution of checks on persons at the external and internal borders.

² The Border Guard Corps carries out checks on persons at the border either as part of its ordinary tasks or in accordance with the agreements concluded between the Federal Department of Finance and the cantons (art. 9, para. 2, LEtr and art. 97 of the Customs Act of 18 March 2005 ¹ ).

³ The SEM may empower the border control bodies to establish and notify the decision of refusal of entry under Art. 65, para. 2, LEtr .

⁴ The cantons may authorise the Corps of Border Guards to establish and notify the removal order referred to in Art. 64, para. 1, let. A and b, LEtr. ²

¹ The following are deemed measures that can be expected from air carriers under s. 92, para. 1, LEtr:

A.

Rigorous selection, training and monitoring of staff;

B.

An appropriate organisation of checks on the registration and boarding and preparation of the technical infrastructure required.

² The measures provided for in para. 1 is intended to ensure the following operations:

A.

Check before departure whether travel documents, visas and residence permits required at the entry into the Schengen area or the passage through the international airport transit zone are valid and recognised;

B.

Identify travel documents, visas and residence permits whose forgery or forgery can be recognised by a person with adequate training and average visual acuity;

C.

Identify a travel document, visa or residence permit clearly not belonging to the person being transported;

D.

Establish the number of days of stay or authorized entries on the basis of the stamps affixed to the travel document.

³ The SEM may require additional measures from the air transport company:

A.

Where the transport link presents an important migratory risk; or

B.

When the number of persons who do not have a travel document, visa or residence permit required at the time of entry into the Schengen area or the passage through the international airport transit zone is growing strongly.

⁴ Additional measures include the production of copies of travel documents, visas or residence permits prior to departure.

¹ The arrangements for cooperation within the meaning of Art. 94, para. 1, LEtr includes:

A.

The cooperation of the SEM in training and professional development concerning the applicable legal provisions and methods to prevent the entry of persons without travel documents, visas and residence permits required;

B.

The advice of the SEM on the prevention and identification of falsifications of identity documents and visas;

C.

The execution of the removal procedure and the performance by the transport undertaking of its duty to take care of and its duty to ensure the return journey of the passengers to whom the entry or transit was refused;

D.

The cooperation of air transport undertakings with the authorities concerning the removal of persons in their State of origin or of origin or in a third State;

² Where the agreement provides for packages under s. 94, para. 2, let. B, LEtr, the SEM shall bear the costs of assistance and subsistence of passengers according to Art. 93.

¹ The SEM has jurisdiction over the granting of visas. The powers of the AWF are reserved according to Art. 30 and the cantonal authorities concerned where a short-term residence permit or a residence permit is required for the proposed stay.

² In order to enable the implementation of the visa practice, controls at the external borders of the Schengen area and national substitution measures at internal borders, the SEM conducts situation analyses on the Illegal migration. To this end, it cooperates with interested authorities and organizations in Switzerland and abroad.

³ It shall cooperate in the professional development and training of the authorities responsible for the execution of this order.

⁴ It draws up reports on visas issued or refused as well as visa statistics.

⁵ It is responsible for all tasks not vested in other federal authorities.

¹ Representations abroad may, subject to the provisions of para. 2 and art. 30, issue a visa for a stay not subject to authorisation, no more than 90 days. ¹

² In order to coordinate the practice in the procedure for the granting of visas and, in particular, to preserve public safety and order and to safeguard the internal and external security of Switzerland, the SEM may issue directives setting out Visa applications Swiss representations abroad must submit to the competent authorities for decision. ²

¹ Exceptionally, the authorities responsible for controlling the conditions of entry can issue a visa to a foreigner on the external Schengen border:

A.

If it meets the conditions of entry under s. 5, para. 1, let. A, c to e, Schengen Borders Code ² ;

B.

It was not possible to apply for a visa in advance;

C.

If it argues for unpredictable and compelling reasons for entry; and

D.

If his return to his country of origin or home is guaranteed.

² The visa may be issued for a stay of up to 15 days.

³ The authorities responsible for controlling the conditions of entry may issue, at the external Schengen borders, a visa for transit purposes to seafarers in transit who need it and who fulfil the conditions set out in para. 1. Before issuing the visa, these authorities shall ensure that the necessary information concerning seafarers has been exchanged by means of the standard form set out in the second part of Annex IX to the EC Visa Code ³ .

⁴ The authorities responsible for controlling the conditions of entry may require documents to justify the existence of unforeseeable and compelling reasons for entry.

⁵ In the event of a refusal of the visa, the authority responsible for controlling the conditions of entry makes a decision.

The DFAE is competent for authorisations and refusals of entry concerning:

A.

Persons who, because of their political position, are likely to influence the international relations of Switzerland;

B.

Holders of diplomatic, service or special passports entering Switzerland or transiting through Switzerland;

C.

Persons who enjoy privileges, immunities and facilities under international law or in accordance with art. 2, para. 2, of the Act of 22 June 2007 on the Host State ¹ .

¹ The DFJP and DFJP monitor the implementation of visa provisions.

² The DFJP monitors the enforcement of other entry provisions.

¹ Where applications originate from persons who may threaten public order and security or the international relations of Switzerland, the DFAE and the SEM shall consult the following authorities:

A.

The Federal Police Office;

B.

The State Secretariat for Economic Affairs;

C.

The Federal Finance Authority;

D.

The cantonal authorities responsible for foreign affairs;

E. ¹

The Federal Intelligence Service.

² Where a State bound by one of the association agreements in Schengen requests a consultation (Art. 22 of the EC Visa Code ² ), the competent foreign representation sends the visa application to the SEM. It shall forward it to the competent foreign authority. The procedure is governed by s. 22 of the EC Visa Code. ³

³ In the cases provided for in art. 31 and 34 of the EC visa code, the SEM informs the other Schengen states. ⁴

¹ Representation in the framework of the procedure for granting visas between the foreign representations of the Contracting Parties to the Schengen Association Agreement is governed by Art. 5, para. 4, and 8 of the EC Visa Code ¹ Specific bilateral agreements are reserved. ²

² The DFAE can, in agreement with the DFJP, conclude agreements with the Schengen states on reciprocal representation in the framework of the visa procedure. It takes account of the obligations arising from international law as well as of all the relations between Switzerland and the States concerned. ³

Within the framework of the procedure for the granting of visas, consular cooperation between the representations abroad of the Schengen States is governed by Art. 48 of the EC Visa Code ² .

The federal and cantonal authorities responsible for the implementation of the entry provisions cooperate closely.

¹ In order to facilitate the control of persons at the Schengen external borders at the airport, border control authorities can carry out an automated border check.

² In case of automated border control:

A.

The biometric data of participants registered in the biometric passport or on a participant card are compared with the biometric characteristics of the traveller when entering Switzerland and leaving Switzerland;

B.

The personal data of the participants shall be controlled by means of the computerized police search system (RIPOL) referred to in Art. 1, of the order of 15 October 2008 on the computerized police search system ¹ And the Schengen Information System (SIS) in accordance with the order of 7 May 2008 on the national part of the Schengen Information System (N-SIS) and on the SIRENE office ² .

³ If the person concerned is the subject of an alert in the RIPOL or the SIS, the entry or exit by the automatic checkpoint is not allowed. Any report in the RIPOL or the SIS must be communicated to the authority responsible for border control by means of the appropriate technical measures.

¹ Can only take part in automated border control of persons who:

A. ¹

Have Swiss nationality or may avail themselves of the provisions of the Agreement of 21 June 1999 on the free movement of persons ² ;

B.

Are major;

C.

Have a valid passport which is not reported in either the RIPOL or the SIS; and

D.

Are not subject to an alert in the RIPOL or the SIS or to a removal order.

² Participation in automated border control requires pre-registration in the information system referred to in s. 39, except for holders of a biometric passport.

³ The competent border control authorities shall communicate the modalities of participation to persons wishing to take part in automated border control.

¹ Persons registered in the information system referred to in s. 39 receive an automated border control participant card.

² In order to establish the membership card for automated border control, the following biometric data can be used by the competent control authorities:

A.

Fingerprints;

B.

Facial images;

³ Once the data is recorded on the map, no biometric data are kept.

⁴ The contents of the chip must be secured by appropriate measures.

¹ The authority responsible for border control manages an information system for processing data relating to persons registered for automated border control.

² The following data can be processed in the information system:

A.

Name;

B.

Alliance name;

C.

First name;

D.

Sex;

E.

Date and place of birth;

F.

Nationality;

G.

Marital status;

H.

Address;

I.

Passport type, number and expiry date;

J.

Date of registration and date of seizure;

K.

Empowerment to take part in automated border control.

³ The information system also includes a journal in which the results of the examination of the conditions of participation at the time of registration are recorded.

⁴ Individuals who register to participate in automated border control must give written consent for their personal data to be processed. Before registration, they must be informed of the master of the information system file, the purpose of processing the data and the different categories of recipients of the data.

¹ Data entered into the information system relating to a person who is reported or whose passport is reported in the RIPOL or the SIS may be communicated to the authority that issued the alert.

² The authority responsible for border control may inform the airport operator or a third party mandated by the airport operator of the persons registered in the information system under s. 39.

¹ The authorities responsible for border control are responsible for the information system and the processing of personal data.

² Data from a person entered into the information system is erased immediately:

A.

When the individual declines to continue his/her participation in automated border control;

B.

When it appears that the conditions of participation set out in s. 37, para. 1, are no longer filled.

³ Inaccurate data must be corrected ex officio.

¹ If the information system is managed by a cantonal authority, the rights of the data subjects, in particular the right to obtain information, to have data rectified or to be erased, are governed by the cantonal law on protection Data applicable to the airport.

² If the cantonal data protection provisions do not provide an adequate level of protection, the Federal Law of 19 June 1992 on Data Protection (LPD) ¹ Is applicable.

³ If a person concerned wishes to assert rights, he or she must justify his or her identity and submit a written request to the authority responsible for border control.

¹ If the information system is managed by a cantonal authority, data security is governed by the cantonal data protection law applicable to the airport.

² If the cantonal data protection provisions do not provide an adequate level of protection, data security is governed by the Ordinance of 14 June 1993 on the Federal Law on Data Protection ¹ , the computer security section of the September 26, 2003 Order on Informatics and Telecommunications in the Government of Canada ² , as well as the recommendations of the IT Strategy Unit of the Confederation.

³ The competent authorities shall, in their respective fields, take the organisational and technical measures necessary to ensure the security of personal data.

¹ If the information system is managed by a cantonal authority, the processing of data contained in the information system is governed by the cantonal data protection law applicable to the airport.

² If the cantonal data protection provisions do not provide an adequate level of protection, the HPA ¹ Is applicable.

³ The data must be processed in such a way as to exclude any identification of the data subject.

Border control authorities may use as a technical means of recognition under s. 103, para. 1, LEtr, a facial recognition system. It operates on a biometric basis to measure the face of people arriving at the airport.

¹ The following data are entered and recorded in the face recognition system:

A.

A facial photograph (initial photo);

B.

The name, first names and loan names of the person concerned;

C.

Date of birth;

D.

Gender;

E.

Nationality;

F.

Place of embarkation;

G.

Visual records of travel documents, other identification documents and flight documents;

H.

The location, date and time of the seizure.

² The system of recognition measures facial features from facial photography and records the collected biometric data.

³ The data referred to in para. 1, let. A to f, are extracted from travel and flight documents. Where they cannot be drawn from these documents, reference shall be made to the declarations of the person concerned.

The facial recognition system can be used when a person enters Switzerland by air, and is suspected of illegally immigrating or posing a concrete threat to the internal or external security of the person. Switzerland.

The data recorded in the facial recognition system can be consulted to establish the identity and provenance of a person:

A.

If it is the subject of police control in the transit area of the airport, files an application for asylum or wants to cross the control of passports; and

B.

If it does not present valid travel documents, or submits travel documents that do not belong to it, or if it does not present flight documents.

¹ If the conditions under s. 47 and 48 are fulfilled, a facial photograph of the data subject is carried out. The recognition system then measures elements of the face and compares the information so collected with the biometric data recorded in the facial recognition system.

² If the biometric data matches, the face recognition system displays the data referred to in s. 46, para. 1.

The data referred to in s. 46, para. 1, may, in certain cases, be transmitted to the following administrative bodies, if they need it in the context of an asylum or referral procedure:

A.

SEM;

B.

The cantonal authorities responsible for foreign affairs;

C.

Swiss representations abroad.

¹ Data recorded in the face recognition system must be deleted within 30 days.

² If the recorded data are required in the course of criminal proceedings or proceedings under the right of asylum and aliens in progress, they are erased upon the entry into force of the decision or the suspension of the proceedings.

³ The photograph taken during the consultation of the data for comparison with the original photograph, and the biometric data relating thereto must be destroyed immediately after the consultation of the data.

The border control authorities are responsible for the security of the face recognition system and the legality of the processing of personal data.

Art. 41, para. 3 and 42 to 44 apply by analogy to the rights of data subjects, data security, statistics and data analysis.

¹ The DFJP can, in agreement with the DFAE, the Federal Department of Finance (DFF) and the authorities responsible for border control, conclude agreements with foreign states on the use of document advisers (art. 100 A , para. 3, LEtr).

² The agreements referred to in para. 1 shall determine in particular the type of activities which advisers in the field of documents are allowed to carry out in the territory of the other State, the manner in which they are to announce themselves and the status they occupy.

The SEM, the border control authorities that detach documents advisors and the Consular Division of the DFAE (DC), agree on the terms of the collaboration, including: ²

A.

The modalities of the secondment of Swiss advisers on documents;

B.

The distribution of costs related to the use of Swiss document advisors;

C.

The procedures for the use of foreign advisers in the field of documents in Switzerland.

¹ The SEM shall fix the locations and the duration of the engagement of the Swiss advisers with regard to documents in agreement with the authorities responsible for the control at the border that detach them and the CD.

² The CD may, by mutual agreement with the SEM and the authority responsible for border control that detach advisers in the field of documents, conclude conventions with foreign authorities seconding advisers concerning the Operational cooperation at the place of engagement. The conventions may include:

A.

The setting of common objectives;

B.

Regulation of the exchange of information between advisers on documents;

C.

The regulation on mutual training in a place of engagement.

³ The operational implementation of the use of document advisors is the responsibility of the border control authorities who are detaching these advisors.

¹ The SEM establishes the premises and the duration of the foreign advisers' commitment to documents in agreement with the foreign authorities detaching advisers, the Swiss authorities responsible for border control and the DFAE.

² The SEM may, by mutual agreement with the Swiss authorities responsible for border control, conclude with the foreign authorities seconding advisers from the conventions on operational cooperation to the place of engagement. The conventions may include:

A.

The setting of common objectives;

B.

Regulation of the behaviour to be adopted, the commitment and the skills required;

C.

The regulation on mutual training in a place of engagement.

³ The operational implementation of the use of foreign advisers on documents posted in Switzerland is the responsibility of the authorities responsible for border control at the place of engagement.

¹ Decisions under s. 12, para. 3, 15, para. 1 and 2, and 29, para. 5, are issued on behalf of the EMM (s. 27) or the FDFA (art. 30) using the standard form set out in Annex VI to the EC Visa Code ¹ . ²

² When the entry into Switzerland is refused at the airport as part of the examination of the conditions of entry, the SEM makes a decision which is subject to appeal in accordance with Art. 65, para. 2, LEtr.

³ The channels of cantonal law are open in the event of a decision under Art. 13 B By a cantonal authority competent in the field of aliens. ³

The order of 24 October 2007 on the entry and visa procedure ¹ Is repealed.

... ¹

The new right shall apply to proceedings pending on the date of entry into force of this order.

This Order comes into force on December 12, 2008.