¹ The State Secretariat for Migration (SEM) ¹ Is responsible for ORBIS.

² It lays down a treatment regulation which lays down, in particular, the measures necessary to ensure the protection and security of data.

ORBIS serves the following purposes:

A.

Seize and retain data on visa applications;

B.

Transfer to the C-VIS data entered into application of the VIS EU Regulation ¹ ;

C.

Provide access to C-VIS data.

¹ ORBIS contains the data for each admissible visa application as defined in Annex 2.

² Data entered in ORBIS pursuant to Regulation VIS EU ¹ Are transferred automatically to the C-VIS.

³ Any changes and erasure of data entered into ORBIS under the EU VIS Regulation are automatically transferred to the C-VIS via ORBIS.

¹ The visa applicant Schegen may electronically transmit the personal data required in the course of his application to the visa authority.

² The emoluments may be paid electronically.

³ The data referred to in para. 1 can be stored in an intermediate memory on the servers of the Federal Department of Justice and Police (DFJP) for up to four months.

¹ The applicant may transmit the personal data required in the course of his application for a visa to an external service provider to whom tasks are delegated in the course of the visa procedure.

² The external service provider enters the personal data in accordance with Annex X to Regulation (EC) No ^O 810/2009 ² (EU Visa Code), on personal support which it transmits to the competent authority on visas.

¹ When an application for a visa is admissible under s. 19 EU Visa Code ² , the competent authorities in the field of visas enter in ORBIS, in accordance with Art. 8 to 14 of the VIS EU Regulation ³ , the data referred to in Annex 2, first by means of the data in Category I, and then, depending on the conduct of the procedure, by those of categories II to VI. ⁴

² If the application is for a type A or C Schengen visa within the meaning of s. 11 A , let. A to d, of the order of 22 October 2008 on entry and grant of visas ⁵ , the data in categories I to VI are transferred to the C-VIS in accordance with Art. 5, para. 2.

³ The competent visa authorities shall also seize the category VII data set out in Annex 2. These data are not transferred to the C-VIS.

¹ When the Swiss authority enters data on a visa application as a representative of another Schengen state, it indicates in ORBIS the name of the state represented.

² If the authority referred to in para. 1 grants, refuses, revos, cancels or extends a visa, or if it interrupts the examination of the visa application, the name of the Schengen State represented is automatically communicated to the C-VIS.

¹ Switzerland is the owner of the data entered by the competent Swiss visa authorities which are transferred to the C-VIS when applying for a visa and at the time of the decision.

² The competent visa authorities shall be authorised to copy the fingerprints contained in a C-VIS application dossier and to include them in a new application dossier. They become owners of the new folder that is created.

¹ The competent authorities for visas are allowed to create or delete links between application files because of the applicants' belonging to the same family or because they are travelling in groups, in accordance with Art. 8, para. 4, Regulation VIS EU ¹ .

² The Swiss authority which has entered the data of a visa application file is authorised to link it to one or more other files of the applicant concerned or to delete those links, in accordance with Art. 8, para. 3, of the VIS Regulation.

¹ In order to perform the tasks assigned to them, the following services can access ORBIS data online:

A.

To the SEM:

1.

The Admission Sejour division and the Entry Division: as part of their duties in the fields of visas, travel documents and identification,

2.

The area of asylum in Asia: in the context of the examination of asylum applications,

3.

Case service: for archiving purposes,

4.

The computer section and the statistics department: in order to establish visa statistics,

5.

The Admission Labour Market Division to review applications under the law of foreigners;

B.

Cantonal border police stations and the Border Guard Corps: for the execution of identity checks and the establishment of exceptional visas;

C.

Swiss representation abroad and the Swiss Mission to the United Nations in Geneva: for the examination of visa applications;

D.

The State Secretariat, the Political Division and the Consular Division of the Federal Department of Foreign Affairs (DFAE): for the examination of visa applications and appeals under the competence of the DFAE;

E.

The clearing house: for the review of claims for benefits and for the assignment and verification of AVS insured numbers;

F.

At the Federal Police Office (fedpol):

1.

Legal Service: for the adoption of removal orders to safeguard the internal and external security of Switzerland in accordance with Art. 67, para. 4, and 68, para. 3, LEtr,

2.

The services responsible for the management of RIPOL: for the identification of persons in the control of the seizure of the RIPOL data referred to in the RIPOL order of 15 October 2008 ¹ ,

3.

The services responsible for international correspondence and the Central of Engagement: for the identification of persons in the field of the exchange of police information at the intercantonal and international levels, and for the examination of measures Expulsion intended to safeguard the internal and external security of Switzerland,

4.

The relevant services of the Federal Judicial Police:

-

For the identification of persons within the framework of mutual administrative and judicial assistance, in connection with the tasks of the security police and the judicial police and in the field of inter-cantonal and international exchange of police information

-

For the verification of a person's fitness to be the subject of a witness protection program and for the establishment of a risk analysis,

5.

The competent service in respect of identity documents and searches for missing persons: for research concerning the residence of such persons,

6.

The service responsible for the management of the automatic fingerprint identification system (AFIS): for the identification of persons referred to in art. 102, para. 1, LEtr,

7.

The Office of Communication on Money Laundering: in view of the identification of persons and their legal status in relation to its legal obligations to combat money laundering and its offences Organized crime and the financing of terrorism according to art. 23 of the Act of 10 October 1997 on money-laundering ² ;

G.

The cantonal and municipal authorities responsible for matters relating to aliens and the cantonal police authorities: for the performance of tasks assigned to them in the field of aliens;

H.

The civil service offices and their supervisory authorities, as well as the Federal Office of Civil Status: for the verification of the legality of the stay in Switzerland of the fiancés who are not Swiss citizens and for the communication to the authority Competent for the identity of the fiancés who have not established the legality of their stay;

I.

The following services of the Federal Office of Justice (OFJ):

1.

The field of management International legal aid: in relation to the procedure of international judicial assistance referred to in the Act of 20 March 1981 on international mutual assistance ³ ,

2.

The field of management Private law: in relation to the procedure governed by the Federal Act of 21 December 2007 on the international abduction of children and the Hague Conventions on the protection of children and adults ⁴ ;

J.

The Information Service of the Confederation: for the examination of removal measures intended to safeguard the internal and external security of Switzerland in accordance with the Federal Act of 21 March 1997 establishing measures for the maintenance of Internal security ⁵ ;

K.

The Federal Administrative Court: for the investigation of appeals in accordance with the LEtr;

L.

The Federal Contributions Administration: for the performance of related tasks:

1.

The levying of value added tax on the benefits payable by taxable persons on Swiss territory (tax on transactions carried out on Swiss territory) and on the acquisition by a recipient Located on Swiss territory, benefits provided by a business having its head office abroad (tax on acquisitions), as well as the application of the advance tax,

2.

The execution of criminal proceedings and procedures for administrative assistance or mutual legal assistance;

M.

The Federal Customs Administration: for the performance of duties relating to the collection of value added tax on the importation of goods (import tax);

N.

The Customs Anti-Fraud Section: to carry out its tasks relating to the identification of persons.

² Access rights are set out in Schedule 2.

¹ In order to carry out the tasks assigned to them, the following services may consult the C-VIS data online:

A.

To the SEM:

1.

The Entry Division and the Admission Sejour division: as part of their visa-related tasks,

2.

The Dublin sections, as well as the staff responsible for examining applications for asylum in the registration and procedure centres: for the determination of the Dublin State responsible for examining an application for asylum,

3.

The area of direction Asylum: for the examination of asylum applications on which Switzerland is to rule,

4.

Statistical service: for the establishment of statistics on visas referred to in Art. 17 of the VIS EU Regulation ¹ ;

B.

Cantonal border police stations and the Border Guard Corps: for the issue of exceptional visas;

C.

Swiss representation abroad and the Swiss mission to the UN in Geneva: for the examination of visa applications;

D.

The Secretariat of State, the Consular Division and the Political Division of the FDFA: for the examination of visa applications under the competence of the DFAE;

E.

The Border Guard Corps and the relevant cantonal police authorities:

1.

For the execution of control at the external borders of the Schengen area and on Swiss territory,

2.

For verification of the identity of the visa holder, examination of the authenticity of the visa or verification of compliance with the conditions of entry or residence on Swiss territory,

3.

For the identification of any person who is not a visa holder who does not meet or no longer fulfils the conditions of entry or residence on Swiss territory;

F.

The cantonal migration authorities and the municipalities to which the cantons have delegated their powers: in order to carry out the tasks assigned to them in respect of visas.

² As a central access point, the fedpol commitment station (CE fedpol) can consult the C-VIS data online (art. 20).

³ Consultation fees are set out in Schedule 3.

¹ Consultation with the C-VIS for the purpose of reviewing visa applications and related decisions is carried out using one or more of the following data in accordance with s. 15, para. 2, Regulation VIS EU ¹ :

A.

The application number;

B.

The first name, surname, birth name (previous name), sex and date, place and country of birth;

C.

The type of travel document, the travel document number, the authority that issued it, and the dates of issue and expiry;

D.

The first name, name and address of the natural person or the name and address of the legal person sending the invitation or who is likely to bear the cost of living during the stay and the first name, name and address of the Contact person of the legal entity;

E.

Fingerprints;

F.

The visa sticker number and the date of issue of any previously issued visa.

² In accordance with Art. 15, para. 3, of the VIS Regulation, in the case of a positive search result, the authority may consult the applicant's previous files and the linked files referred to in Art. 8, para. 4, of the VIS Regulation.

¹ Consultation of the C-VIS for control purposes which takes place at the crossing points of the external Schengen area in order to verify the identity of the visa holder, the authenticity of the visa and the respect of the conditions of entry into space Schengen is carried out using the number of the visa sticker in combination with the verification of the fingerprints of the holder of the visa, in accordance with Art. 18, para. 1 of the VIS Regulation ¹ .

² If the result of the research is positive, the authority may refer to the data in categories I, II and V to VII referred to in Annex 3, in accordance with Art. 18, para. 4, of the VIS Regulation.

³ The consultation of the C-VIS for the purpose of verifying the identity of the visa holder, the authenticity of visas and compliance with the conditions of entry or residence on Swiss territory is carried out using the number of the visa sticker in Combination with the verification of the fingerprints of the holder of the visa, or using the only number of the visa sticker, in accordance with Art. 19, para. 1 of the VIS Regulation.

⁴ If the result of the research is positive, the authority may consult the data of the categories referred to in para. 2, in accordance with s. 19, para. 2 of the VIS Regulation.

¹ A consultation may be carried out in the C-VIS by means of fingerprints only, in accordance with Art. 20, para. 1 of the VIS Regulation ¹ :

A.

If the verification of a visa holder under s. 13 failed;

B.

Whether there is any doubt as to the identity of the visa holder or the authenticity of the visa or travel document;

C.

If the identity of a person without a visa has to be verified.

² If the fingerprint search fails or if the fingerprints are not usable, a search can be performed using the following data:

A.

The first name, surname, birth name (previous name), sex and date, place and country of birth;

B.

The type of travel document, the travel document number, the authority that issued the travel document, and the issuance and expiry dates.

³ The research referred to in para. 2 may be carried out in combination with current nationality or nationality of birth.

⁴ If the result of the search is positive, the authority may refer to the data in categories I to VII listed in Annex 3, in accordance with Art. 20, para. 2 of the VIS Regulation.

¹ Consultation of the C-VIS in order to determine which Dublin State is competent under Art. 12 and 34 of the (EU) n ^O 204/2013 ¹ (Dublin EU Regulation) is carried out using the fingerprints of the asylum seeker.

² If the fingerprint check fails, or if the fingerprints are not usable, the consultation may be conducted in accordance with the procedure set out in s. 14, para. 2 and 3.

³ If the result of the search is positive and if a visa has been issued or extended and has not expired more than 6 months before the application for asylum, the data in categories I, II, VI and VII mentioned in Annex 3 may be consulted, Pursuant to s. 21, para. 2, Regulation VIS EU ² .

⁴ Only applications related to the membership of applicants to the same family can be consulted.

¹ The consultation of the C-VIS in order to examine an asylum application takes place with the fingerprints of the asylum seeker.

² If the fingerprint check fails or the fingerprints are not usable, the consultation may be conducted in accordance with the procedure set out in s. 14, para. 2 and 3.

³ If the result of the search is positive and a visa has been issued, the data in categories I, II, and V to VII mentioned in Annex 3 may be consulted in accordance with Art. 22, para. 2, Regulation VIS EU ¹ .

⁴ Only applications related to the ownership of applicants to the same family and the different related files of the same applicant can be consulted.

Federal authorities that may request certain C-VIS data under s. 109 A , para. 3, let. A to c, LEtr are:

A.

With fedpol:

1.

The commitment plant,

2.

Federal Judicial Police,

3.

The International Identification Service;

B.

With the Federal Intelligence Service:

1.

Acquisition Division,

2.

Analysis Division,

3.

Coordination Fight against terrorism,

4.

Coordination Prohibited Intelligence Service,

5.

Coordination Fight against extremism,

6.

Non-proliferation coordination,

7.

The Foreign Service domain;

C.

At the Federal Ministry of the Confederation:

1.

Legal service: to execute judgments of the Court of Criminal Cases of the Federal Criminal Court, in particular pursuant to Art. 82, para. 1, of the order of 24 October 2007 on admission, residence and the pursuit of a gainful occupation ¹ ,

2.

The fields Mutual legal aid, State protection, terrorism, economic crime (Bern) and economic crime, organised crime, money laundering (Lausanne, Lugano and Zurich offices): in the fight against crime and International offences and the prosecution of offences under federal jurisdiction under s. 336 and 337 of the Penal Code ² .

Cantonal and communal authorities that may request certain C-VIS data under s. 109 A , para. 3, let. D, LEtr are:

A.

Cantonal fonts;

B.

The municipal police of the cities of Zurich, Winterthur, Lausanne, Chiasso and Lugano;

C.

Criminal prosecution authorities through cantonal police.

¹ The authorities referred to in Art. 17 and 18 present a reasoned request for access to the C-VIS data to the EC fedpol, in paper or electronic form.

² In case of exceptional urgency, a service may also submit an oral request. The EC fedpol immediately processes the application and subsequently checks whether all the conditions laid down in Art. 20 are fulfilled, and this was truly an exceptional case of urgency. Subsequent verification shall take place immediately following the processing of the application.

³ Fedpol rules the procedure in a processing regulation.

The EC fedpol verifies:

A.

Whether the data are necessary for the prevention or detection of offences under s. 286, para. 2, let. A, of the Code of Criminal Procedure (PPC) ¹ Or the conduct of investigations in the matter;

B.

Whether data transmission is justified in a case of species;

C.

If there are reasonable grounds to consider that the transmission of the data will contribute significantly to the prevention or detection of offences referred to in s. 286, para. 2, let. A, CPP or the conduct of investigations in this matter.

¹ If the conditions laid down in Art. 20 are fulfilled, the EC fedpol consults the data of the C-VIS. The consultation can only be carried out using the data set out in Art. 5, para. 2, decision 2008 /633/JHA ¹ (EUVIS decision) and in accordance with the access rights set out in Annex 3.

² If the result of the consultation is positive, the EC fedpol transmits to the service, in a secure manner, the data referred to in Art. 5, para. 3, of the decision VIS EU.

¹ EU Member States in respect of which the Regulation VIS EU ¹ Has not entered into force may apply to obtain data from the C-VIS either directly to the EC fedpol through the secure lines for judicial police correspondence or to the other authorities in question Art. 17 and 18.

² The EC fedpol reviews and responds to requests.

³ The procedure is governed by s. 19.

⁴ The EC fedpol may apply to the competent authority of an EU Member State for which the VIS Regulation has not entered into force, with a view to obtaining information on visas.

Only the Swiss authorities have the authority to modify the data they have transferred to the C-VIS.

¹ ORBIS data is kept for up to five years.

² This time period begins:

A.

On the expiry date of the visa, if a visa is issued;

B.

On the new expiry date of the visa, in the case of visa extensions;

C.

On the date of creation of the application file in ORBIS, in the event of withdrawal, termination or interruption of the application;

D.

On the date of the decision of the visa authority, in the case of refusal, cancellation or revocation of a visa.

¹ When a person acquires Swiss nationality:

A.

The competent visa authorities shall cancel without delay ORBIS the application files of the person concerned and, where appropriate, the links with the files of his spouse, his children and the group with which he has travelled, for the same reason The data relating to the application have been entered by the Swiss authorities;

B.

The SEM shall without delay inform the Schengen States which have seized the data on visas .

² The authorities responsible for nationality are obliged to inform the SEM (Visa bases section) of any naturalization.

³ If the refusal of a visa is annulled by the competent appeal body, the data relating to the refusal of the grant shall be deleted from ORBIS by the authority which refused the visa, as soon as the cancellation decision is final.

¹ If there are indications that C-VIS data entered by the Swiss authorities or ORBIS data are incorrect or incomplete, or that they are not processed in accordance with the law, the SEM must be informed immediately in writing.

² The SEM shall take the necessary measures immediately.

¹ If necessary in particular cases, C-VIS data may be stored in the SYMIC, in ORBIS, in the RUMACA information system of the Border Guard Corps, or in a similar police information system For a period of time limited to the processing of the case in accordance with Art. 30 of the VIS EU Regulation ¹ .

² The authorities referred to in Art. 17 and 18 are required to destroy immediately the data they have received from the EC fedpol, unless this data is necessary for the purposes of the decision VIS EU ² Data are destroyed as soon as they are no longer useful.

³ The use of data not in accordance with paras. 1 and 2 is a fraudulent use of data within the meaning of s. 120 D LEtr.

¹ The data processed in the C-VIS cannot be communicated to a third country or to an international organisation.

² In particular cases, the following C-VIS data relating to a person may be communicated to a third State or an international organisation within the meaning of the Annex to Regulation VIS EU ¹ For the purpose of proving the identity of a national of a third country, including for purposes of return, if the conditions laid down in Art. 31 of the VIS EU Regulation are fulfilled:

A.

The first name, surname, birth name, sex, date, place and country of birth;

B.

Current nationality and nationality of birth;

C.

The type of travel document, the travel document number, the authority issuing the document, and the dates of issue and expiry;

D.

The address of the applicant's domicile;

E.

For minors: the first and last names of the persons exercising parental authority or legal guardian.

³ The data of ORBIS which are not transferred to the C-VIS can be communicated in a particular case under the conditions laid down in Art. 105 LEtr.

¹ If a person asserts his right of access, his right to rectification or his right to erase data entered in ORBIS or in the C-VIS, she must justify his identity and submit a written request to the SEM.

² The SEM processes the right of access request in agreement with the authority that entered the data in ORBIS or with the state that transferred the data to the C-VIS.

³ It records any request for access.

⁴ If a person asserts his right to the rectification or erasure of C-VIS data which has not been seized by the Swiss authorities, the SEM shall contact the State which has seized the data within fourteen days and shall transmit it to the State concerned The application. The SEM shall inform the data subject of the transmission of the request.

⁵ It processes requests for access, rectification or erasure without delay.

⁶ It shall confirm in writing, without delay, any rectification or deletion of the data to the data subject. If he is not prepared to correct or delete the data, he will make his reasons known.

¹ When collecting the applicant's biometric and personal data, the applicant shall be informed in writing:

A.

The identity of the file master

B.

The purposes of data processing in ORBIS and the C-VIS;

C.

Categories of recipients of data;

D.

The retention of data in ORBIS and the C-VIS;

E.

The mandatory nature of data entry for the examination of the application;

F.

The existence of the right of access, the right to rectification and the right to erase the data, the procedures to be followed to exercise these rights and the contact information of the Federal Data Protection and Transparency Officer (PFPDT).

² The natural or legal person who sends an invitation to the applicant for a visa or who is likely to take care of his living expenses during his stay shall also receive the information referred to in para. 1.

Liability for damages arising from the operation of ORBIS is governed by the law of 14 March 1958 on liability ¹ , in particular by his art. 19 A To 19 C , which apply by analogy.

Data security is governed by:

A.

The Order of 14 June 1993 on the Federal Data Protection Act ¹ ;

B.

Chapter of the December 9, 2011 Ordinance on Information Technology in the Federal Government ² Relating to computer security;

C.

The guidelines of the Confederation Information Technology Council of September 27, 2004, concerning computer security in the federal government ³ .

¹ As part of the fulfilment of these legal tasks, the SEM draws up periodic statistics on the basis of the data entered in ORBIS.

² It publishes the most important statistics.

³ It may provide supplementary statistics to the authorities, individuals or organizations, upon request, to meet their needs.

⁴ It can also compile statistics for the C-VIS in collaboration with the Federal Statistics Office. Access for this purpose is set out in Schedule 3.

⁵ Statistics must not in any way permit the recovery of personal data by cross-checking.

¹ The DFJP's Data Protection Advisor contributes to the enforcement of data protection provisions. It shall coordinate the execution of the tasks referred to in para. 2 with the Offices concerned. ¹

² The data protection advisers of the offices concerned shall ensure, in their respective fields:

A.

Inform data processing staff;

B.

To train these persons;

C.

Carrying out the necessary checks;

D.

To quickly fill the gaps identified;

E.

Report the coordination requirements to the DFJP data protection advisor.

¹ The cantonal data protection authorities and the TDP work together within their respective jurisdictions and coordinate the monitoring of the processing of personal data.

² In carrying out its tasks, the TDP collaborates with the European Data Protection Supervisor and is the national contact point for the latter.

³ The TDP is the national authority within the meaning of s. 41, para. 1 of the VIS Regulation ¹ And art. 8, para. 5, and 11 of the decision VIS EU ² It is responsible for performing the tasks defined in these items.