The SEM in co­oper­a­tion with the Fed­er­al Ad­min­is­trat­ive Court and the com­pet­ent can­ton­al au­thor­it­ies shall main­tain an auto­mated per­son­al file and doc­u­ment­a­tion sys­tem.

¹ The SEM shall main­tain an in­form­a­tion sys­tem for the is­sue of Swiss travel doc­u­ments and re­turn visas to for­eign na­tion­als (the ISR) in ac­cord­ance with Art­icle 59.³⁶⁴

² The ISR shall con­tain the fol­low­ing data:

a.³⁶⁵

the sur­name, first name, sex, date of birth, place of birth, na­tion­al­ity, ad­dress, height, fa­cial im­age, name and first name of par­ents, sur­names of par­ents at birth, sig­na­ture, file num­ber and per­son­al num­ber;

b.

in­form­a­tion on the ap­plic­a­tion, such as the date of re­ceipt of ap­plic­a­tion and de­cision on the ap­plic­a­tion;

c.

in­form­a­tion on the travel doc­u­ment, such as the date of is­sue and term of valid­ity;

d.

the sig­na­tures and names of the stat­utory rep­res­ent­at­ive in the case of travel doc­u­ments is­sued to minors or in­ca­pa­cit­ated per­sons;

e.

com­bined sur­names, re­li­gious names or pseud­onyms as well as in­form­a­tion on spe­cial char­ac­ter­ist­ics such as dis­ab­il­it­ies, pros­theses or im­plants provided the ap­plic­ant re­quests that the travel doc­u­ment con­tain this in­form­a­tion;

f.

in­form­a­tion on lost travel doc­u­ments.

³ To check wheth­er an alert has been is­sued in re­spect of the ap­plic­ant due to a felony or a mis­de­mean­our, the RI­POL com­pu­ter­ised search sys­tem auto­mat­ic­ally con­ducts a search.³⁶⁶

⁴ The data col­lec­ted in ac­cord­ance with para­graph 2 shall be pro­cessed by em­ploy­ees of the SEM who deal with is­su­ing Swiss travel doc­u­ments and re­turn visas.³⁶⁷

⁵ The SEM may make the data that it has col­lec­ted in ac­cord­ance with para­graph 2 ac­cess­ible to the fol­low­ing au­thor­it­ies or of­fices through a re­triev­al pro­cess, in­so­far as they need the data for the ful­fil­ment of their du­ties:³⁶⁸

a.

the of­fice re­spons­ible for is­su­ing travel doc­u­ments;

b.

the bor­der posts of the can­ton­al po­lice au­thor­it­ies and the Bor­der Guard, in or­der to carry out checks on per­sons;

c.

the po­lice sta­tions des­ig­nated by the can­tons to carry out checks on per­sons and to re­cord re­ports of lost travel doc­u­ments;

d.³⁶⁹

the au­thor­it­ies or agen­cies ap­poin­ted by the can­tons to ac­cept ap­plic­a­tions for the is­sue of travel doc­u­ments;

e.³⁷⁰

the au­thor­it­ies or agen­cies ap­poin­ted by the can­tons to take por­trait pho­to­graphs or fin­ger­prints

⁶ The Fed­er­al Coun­cil shall is­sue the im­ple­ment­ing pro­vi­sions.

The dis­clos­ure of per­son­al data to the com­pet­ent au­thor­it­ies of states that are bound by one of the Schen­gen As­so­ci­ation Agree­ments is re­garded as equi­val­ent to the dis­clos­ure of per­son­al data between fed­er­al bod­ies.

¹ The SEM is the cent­ral au­thor­ity for con­sulta­tions in con­nec­tion with visa ap­plic­a­tions un­der the Schen­gen As­so­ci­ation Agree­ments.

² In this ca­pa­city, it may use auto­mated pro­ced­ures to dis­close and re­trieve in par­tic­u­lar the fol­low­ing cat­egor­ies of data:

a.

the dip­lo­mat­ic or con­su­lar rep­res­ent­a­tion to which a visa ap­plic­a­tion was sub­mit­ted;

b.

the iden­tity of the per­son con­cerned (name, first names, date of birth, place of birth, na­tion­al­ity, place of res­id­ence, oc­cu­pa­tion and em­ploy­er) as well as, if ne­ces­sary, the iden­tity of their next of kin;

c.

in­form­a­tion about the iden­tity doc­u­ments;

d.

in­form­a­tion about the places of stay and routes trav­elled.

³ The Swiss for­eign rep­res­ent­a­tions may ex­change data re­quired at their loc­a­tion for con­su­lar co­oper­a­tion with their part­ners from states that are bound by a Schen­gen As­so­ci­ation Agree­ment, and in par­tic­u­lar in­form­a­tion about the use of forged or fals­i­fied doc­u­ments and about hu­man traf­fick­ing net­works as well as data of the cat­egor­ies men­tioned in para­graph 2.

⁴ The Fed­er­al Coun­cil may ad­apt the cat­egor­ies of per­son­al data men­tioned in para­graph 2 to the latest de­vel­op­ments of the Schen­gen Ac­quis. For this pur­pose, it shall con­sult the Fed­er­al Data Pro­tec­tion Com­mis­sion­er.

¹ The bor­der con­trol au­thor­it­ies and the trans­port com­pan­ies may ex­change the per­son­al data re­quired in terms of the duty of care un­der Art­icle 92 and the ob­lig­a­tion to provide as­sist­ance un­der Art­icle 93.

² For this pur­pose, they may in par­tic­u­lar dis­close and re­trieve the per­son­al data in ac­cord­ance with Art­icle 111b para­graph 2 let­ters b–d.

³ Art­icles 111a, 111dand 111f ap­ply mu­tatis mutandis.³⁷²

¹ Per­son­al data may only be dis­closed to third coun­tries if they guar­an­tee an ad­equate stand­ard of data pro­tec­tion.

² If a third coun­try fails to guar­an­tee an ad­equate stand­ard of data pro­tec­tion, per­son­al data may dis­closed to this coun­try in in­di­vidu­al cases if:

a.

the per­son con­cerned gives their un­equi­voc­al con­sent; if the per­son­al data or per­son­al­ity pro­files are par­tic­u­larly sens­it­ive, con­sent must be giv­en ex­pressly;

b.

the dis­clos­ure is re­quired to pro­tect the life or phys­ic­al in­teg­rity of the per­son con­cerned; or

c.

the dis­clos­ure is re­quired to safe­guard over­rid­ing pub­lic in­terests or to es­tab­lish, ex­er­cise or en­force leg­al rights in court.

³ In ad­di­tion to the cases men­tioned in para­graph 2, per­son­al data may also be dis­closed if in spe­cif­ic cases ad­equate guar­an­tees en­sure ap­pro­pri­ate pro­tec­tion of the per­son con­cerned.

⁴ The Fed­er­al Coun­cil shall de­term­ine the ex­tent of the guar­an­tees re­quired and the mod­al­it­ies for provid­ing the guar­an­tees.

⁵ The data ob­tained from the Eurodac data­base may not be trans­mit­ted un­der any cir­cum­stances to:

a.

a state that is not bound by any of the Dub­lin as­so­ci­ation agree­ments;

b.

in­ter­na­tion­al or­gan­isa­tions;

c.

private en­tit­ies.³⁷³

The right to in­form­a­tion is gov­erned by the fed­er­al or can­ton­al data pro­tec­tion pro­vi­sions³⁷⁵. The pro­pri­et­or of the data col­lec­tion shall also fur­nish in­form­a­tion on the de­tails avail­able on the ori­gin of the data.

¹ The bor­der posts and the po­lice au­thor­it­ies in the can­tons and com­munes shall im­me­di­ately ob­tain a full set of fin­ger­prints from any for­eign na­tion­al who is over the age of 14, if the per­son con­cerned, has entered Switzer­land il­leg­ally and has not been re­turned.

a.

enters Switzer­land il­leg­ally from a state that is not bound by any of the Dub­lin As­so­ci­ation Agree­ments;

b.

has not been re­turned or has with a view to de­port­a­tion been un­der ar­rest or in de­ten­tion for the en­tire peri­od between their ap­pre­hen­sion and their re­mov­al.

² In ad­di­tion to the fin­ger­prints, the fol­low­ing data shall be ob­tained:

a.

the place and date of ap­pre­hen­sion in Switzer­land;

b.

the sex of the ap­pre­hen­ded per­son;

c.

the date on which the fin­ger­prints were taken;

d.

the Swiss code num­ber for the fin­ger­prints;

e.

the date on which the data was trans­mit­ted to the Cent­ral Unit.

f.

the user pass­word.

³ The data re­cor­ded un­der para­graphs 1 and 2 shall be trans­mit­ted to the Cent­ral Unit with­in 72 hours of the per­son con­cerned be­ing ap­pre­hen­ded. If the per­son con­cerned is held in de­ten­tion for longer than 72 hours, the data must be trans­mit­ted be­fore they are re­leased.

4 If the con­di­tion of the fin­gers of the per­son con­cerned do not al­low fin­ger­prints to be taken, the fin­ger­prints must be trans­mit­ted to the Cent­ral Unit with­in 48 hours of fin­ger­prints of ac­cept­able qual­ity be­ing taken. If it is im­possible to take fin­ger­prints due to the state of health of the per­son con­cerned or due to pub­lic health meas­ures, the fin­ger­prints must be trans­mit­ted to the Cent­ral Unit with­in 48 hours of the im­ped­i­ment ceas­ing to ap­ply.

⁵ If the trans­mis­sion of data is pre­ven­ted by ser­i­ous tech­nic­al prob­lems, an ad­di­tion­al peri­od of 48 hours shall be al­lowed in or­der to take the meas­ures re­quired to en­sure that the sys­tem op­er­ates cor­rectly again.

⁶ The bor­der posts and the im­mig­ra­tion and po­lice au­thor­it­ies in the can­tons and com­munes may ob­tain a full set of fin­ger­prints from any for­eign na­tion­al who is over the age of 14 and who is resid­ing il­leg­ally in Switzer­land in or­der to es­tab­lish wheth­er they have already made an ap­plic­a­tion for asylum in an­oth­er state that is bound by any of the Dub­lin As­so­ci­ation Agree­ments.

⁷ The data ob­tained in ac­cord­ance with para­graphs 1, 2 and 6 shall be trans­mit­ted to the SEM for passing on to the Cent­ral Unit.

⁸ The data trans­mit­ted in ac­cord­ance with para­graphs 1 and 2 shall be stored by the Cent­ral Unit in the Eurodac data­base and shall be auto­mat­ic­ally erased 18 months after the fin­ger­prints are taken. The SEM shall im­me­di­ately re­quest the Cent­ral Unit to erase the data be­fore this date as soon as it is no­ti­fied that the for­eign na­tion­al con­cerned:

a.

has been gran­ted a res­id­ence per­mit in Switzer­land;

b.

has left the sov­er­eign ter­rit­ory of the states that are bound by any of the Dub­lin As­so­ci­ation Agree­ments;

c.

has been gran­ted cit­izen­ship of a state that is bound by any of the Dub­lin As­so­ci­ation Agree­ments.

⁹ Art­icles 102b–102g AsylA³⁷⁹ ap­ply to the pro­ced­ures un­der para­graphs 1–8.

¹ The pro­ced­ure of the fed­er­al au­thor­it­ies is gov­erned by the gen­er­al pro­vi­sions of the ad­min­is­tra­tion of fed­er­al justice.

² The pro­vi­sions on time lim­its do not ap­ply to the pro­ced­ures in ac­cord­ance with Art­icles 65 and 76 para­graph 1 let­ter b num­ber 5.

¹ Any per­son who:

a.

vi­ol­ates the entry reg­u­la­tions con­tained in Art­icle 5;

b.

stays un­law­fully in Switzer­land, in par­tic­u­lar after the ex­piry of a peri­od of stay for which a per­mit was gran­ted or which does not re­quire a per­mit;

c.

works without au­thor­isa­tion;

d.

fails to enter or leave the coun­try through an au­thor­ised bor­der cross­ing point (Art. 7),

is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing one year or to a mon­et­ary pen­alty.

² The same pen­alty ap­plies if, after leav­ing Switzer­land or the in­ter­na­tion­al trans­it zone of the air­ports, the for­eign na­tion­al enters or makes pre­par­a­tions to enter the sov­er­eign ter­rit­ory of an­oth­er state in vi­ol­a­tion of the entry pro­vi­sions ap­plic­able there.³⁸³

³ If the of­fence is com­mit­ted through neg­li­gence, the pen­alty is a fine.

⁴ If re­mov­al or ex­pul­sion pro­ceed­ings are pending, crim­in­al pro­ceed­ings that have been com­menced solely in re­spect of an of­fence un­der para­graph 1 let­ters a, b or d shall be ad­journed un­til the re­mov­al or ex­pul­sion pro­ceed­ings have reached a leg­ally bind­ing con­clu­sion. If re­mov­al or ex­pul­sion pro­ceed­ings are an­ti­cip­ated, the crim­in­al pro­ceed­ings may be ad­journed.³⁸⁴

⁵ If a sen­tence is ex­pec­ted for an of­fence un­der para­graph 1 let­ters a, b or d the im­pos­i­tion or ex­e­cu­tion of which would pre­clude the im­min­ent en­force­ment of a leg­ally bind­ing re­mov­al or ex­pul­sion or­der, the com­pet­ent au­thor­ity shall re­frain from any pro­sec­u­tion, com­mit­tal to court or the im­pos­i­tion of pen­al­ties.³⁸⁵

⁶ Para­graphs 4 and 5 do not ap­ply if the per­son con­cerned has re-entered Switzer­land in dis­reg­ard of a ban on entry or if it has not been pos­sible to en­force a re­mov­al or ex­pul­sion or­der be­cause of the per­son’s con­duct.³⁸⁶

¹ Any per­son who:

in Switzer­land or abroad, fa­cil­it­ates the un­law­ful entry or de­par­ture or the un­law­ful peri­od of stay in Switzer­land of a for­eign na­tion­al or as­sists a for­eign na­tion­al to pre­pare for the same;

abis.³⁸⁷

from with­in Switzer­land fa­cil­it­ates the un­law­ful entry or de­par­ture or the un­law­ful peri­od of stay in a Schen­gen State of a for­eign na­tion­al or as­sists a for­eign na­tion­al to pre­pare for the same;

b.

finds for­eign na­tion­als em­ploy­ment in Switzer­land without the re­quired per­mit;

c.³⁸⁸

fa­cil­it­ates the entry of a for­eign na­tion­al who has left Switzer­land or the in­ter­na­tion­al trans­it zone of the air­ports in­to the sov­er­eign ter­rit­ory of an­oth­er state in vi­ol­a­tion of the entry pro­vi­sions ap­plic­able there or as­sists that for­eign na­tion­al in pre­par­ing for such entry.

is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing one year or to a mon­et­ary pen­alty.

² In minor cases, a fine may be im­posed.

³ The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing five years or a mon­et­ary pen­alty and the cus­todi­al sen­tence must be com­bined with a fine if the of­fend­er:

a.

acts in­ten­tion­ally for their own or an­oth­er's un­law­ful fin­an­cial gain; or

b.

acts for an as­so­ci­ation or group that was formed for the pur­pose of the con­tin­ued per­pet­ra­tion of this of­fence.

¹ Any per­son who as an em­ploy­er wil­fully em­ploys for­eign na­tion­als who are not en­titled to work in Switzer­land, or any per­son who ob­tains a cross-bor­der ser­vice in Switzer­land for which the ser­vice pro­vider has no per­mit is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing one year or to a mon­et­ary pen­alty. In ser­i­ous cases, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

² Any per­son who has a leg­ally bind­ing con­vic­tion un­der para­graph 1 and again com­mits of­fences un­der para­graph 1 with­in five years is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

³ If the of­fence is com­mit­ted through neg­li­gence, the pen­alty is a fine not ex­ceed­ing 20,000 francs.³⁸⁹

¹ Any per­son who wil­fully breaches the ob­lig­a­tion to give no­tice of va­cant po­s­i­tions (Art. 21a para. 3) or the ob­lig­a­tion to con­duct an in­ter­view or an aptitude test (Art. 21apara. 4) is li­able to a fine not ex­ceed­ing 40 000 francs.

² If the of­fence is com­mit­ted through neg­li­gence, the pen­alty is a fine not ex­ceed­ing 20 000 francs.

¹ Any per­son who de­ceives the au­thor­it­ies re­spons­ible for the im­ple­ment­a­tion of this Act by provid­ing false in­form­a­tion or with­hold­ing es­sen­tial in­form­a­tion and thereby fraud­u­lently se­cures the grant of a per­mit for them­selves or an­oth­er or pre­vents the with­draw­al of a per­mit is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² Any per­son who, with the in­ten­tion of cir­cum­vent­ing the reg­u­la­tions on the ad­mis­sion and stay of for­eign na­tion­als, mar­ries a for­eign na­tion­al or ar­ranges, en­cour­ages or fa­cil­it­ates such a mar­riage is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

³ The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing five years or a mon­et­ary pen­alty and the cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty if the of­fend­er:

a.

acts in­ten­tion­ally for their own or an­oth­er's un­law­ful fin­an­cial gain; or

b.

acts for an as­so­ci­ation or group that was formed for the pur­pose of the con­tin­ued per­pet­ra­tion of this of­fence.

¹ Any per­son who fails to com­ply with a re­stric­tion or ex­clu­sion or­der (Art. 74) is li­able on con­vic­tion to a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

² Pro­sec­u­tion, the com­mit­tal to court or pen­al­ties may be dis­pensed with if the per­son con­cerned:

a.

can be de­por­ted im­me­di­ately;

b.

is in de­ten­tion in pre­par­a­tion for de­par­ture or pending de­port­a­tion.

¹ Any per­son who wil­fully or through neg­li­gence:

a.

vi­ol­ates the re­quire­ments to re­gister and give no­tice of de­par­ture (Art. 10–16);

b.

changes jobs without the re­quired per­mit or changes from salar­ied to self-em­ploy­ment (Art. 38);

c.

moves their place of res­id­ence to an­oth­er can­ton without the re­quired per­mit (Art. 37);

d.

fails to com­ply with the con­di­tions of the per­mit (Art. 32, 33 and 35);

e.

fails to com­ply with the ob­lig­a­tion to co­oper­ate in ob­tain­ing iden­tity doc­u­ments (Art. 90 let. c);

f.³⁹¹

fails to com­ply with the ob­lig­a­tion to re­port un­der Art­icle 85apara­graph 2 or fails to com­ply with the con­di­tions re­lat­ing to the re­port (Art. 85aparas 2 and 3);

g.³⁹²

re­fuses to al­low or oth­er­wise pre­vents veri­fic­a­tion by a su­per­vis­ory body un­der Art­icle 85apara. 4

is li­able on con­vic­tion to a fine.

² In the case of of­fences against the im­ple­ment­ing pro­vi­sions of this Act, the Fed­er­al Coun­cil may provide for fines not ex­ceed­ing 5000 francs.

Any per­son who pro­cesses per­son­al data in the C-VIS for pur­poses oth­er than those spe­cified in Art­icle 109ashall be li­able to a fine.

¹ The pro­sec­u­tion and tri­al of of­fences un­der Art­icles 115–120 and 120d is the re­spons­ib­il­ity of the can­tons. If an of­fence has been com­mit­ted in more than one can­ton, then the can­ton that ini­ti­ates the pro­sec­u­tion has jur­is­dic­tion.

² ...³⁹⁶

¹ Forged and fals­i­fied travel doc­u­ments and iden­tity pa­pers, and genu­ine travel doc­u­ments and iden­tity pa­pers where there is spe­cif­ic evid­ence that they are be­ing used un­law­fully may, as dir­ec­ted by of the SEM, be for­feited to au­thor­it­ies or of­fices or seized for re­turn to their right­ful own­ers.

² The for­feit­ure or re­turn un­der para­graph 1 is also pos­sible if there is spe­cif­ic evid­ence that genu­ine travel doc­u­ments and iden­tity pa­pers are in­ten­ded for per­sons who are stay­ing un­law­fully in Switzer­land.

³ Iden­tity pa­pers un­der para­graph 1 in­clude iden­tity cards and oth­er doc­u­ments that in­dic­ate the iden­tity of a for­eign na­tion­al.

¹ If an em­ploy­er re­peatedly vi­ol­ates the pro­vi­sions of this Act, the com­pet­ent au­thor­ity may re­fuse or only par­tially au­thor­ise the em­ploy­er’s re­quests for the ad­mis­sion of for­eign em­ploy­ees who are not en­titled to be gran­ted a per­mit.

² The com­pet­ent au­thor­ity may also is­sue a warn­ing that pen­al­ties may be im­posed.

³ An em­ploy­er who has em­ployed or sought to em­ploy for­eign em­ploy­ees who are not en­titled to work shall as­sume any un­covered costs in­curred by the com­munity for sub­sist­ence, any ac­ci­dent or ill­ness, and the re­turn jour­ney of the per­sons con­cerned.

¹ Any air car­ri­er that vi­ol­ates its duty of care un­der Art­icle 92 para­graph 1 shall be re­quired to pay 4000 francs for each per­son car­ried who is not in pos­ses­sion of the re­quired travel doc­u­ments, visa or res­id­ence doc­u­ments. In ser­i­ous cases, the pen­alty is 16 000 francs per per­son. In minor cases, pro­ceed­ings may be waived.

² A vi­ol­a­tion of the duty of care is pre­sumed if the air car­ri­er car­ries per­sons who are not in pos­ses­sion of the travel doc­u­ments, visas, or res­id­ence doc­u­ments re­quired for entry to the Schen­gen area or for trans­it through the in­ter­na­tion­al trans­it zones of the air­ports and who are re­fused entry.

³ There is no vi­ol­a­tion of the duty of care where:

a.

the air car­ri­er proves that:

1.

the for­gery or falsi­fic­a­tion of a travel doc­u­ment, visa or res­id­ence doc­u­ment was not clearly re­cog­nis­able,

2.

it was not clearly re­cog­nis­able that a travel doc­u­ment, visa or res­id­ence doc­u­ment did not per­tain to the per­son car­ried,

3.

it was not im­me­di­ately pos­sible to as­cer­tain the au­thor­ised term of stay or points of entry on the basis of the stamps on the travel doc­u­ment,

4.

it took all the or­gan­isa­tion­al meas­ures that can reas­on­ably be re­quired to pre­vent it from car­ry­ing per­sons that do not pos­sess the travel doc­u­ments, visas and res­id­ence doc­u­ments re­quired for entry to the Schen­gen area or for trans­it through the in­ter­na­tion­al trans­it zones of the air­ports;

b.

the air car­ri­er provides cred­ible evid­ence that it was co­erced in­to car­ry­ing a per­son.

⁴ The Fed­er­al Coun­cil may provide for ex­emp­tions from the pen­alty un­der para­graph 1, in par­tic­u­lar in situ­ations of war or nat­ur­al dis­aster.

¹ Any air car­ri­er shall be charged 4000 francs for each flight in re­spect of which it vi­ol­ates its duty to provide data. In ser­i­ous cases the pen­alty is 12 000 francs per flight. In minor cases, pro­ceed­ings may be waived.

² A vi­ol­a­tion of the duty to provide data is pre­sumed if the air car­ri­er fails to provide the data in ac­cord­ance with Art­icle 104 para­graph 3 on time, or if the data provided is in­com­plete or in­ac­cur­ate.

³ There is no vi­ol­a­tion of the duty to provide data where the air car­ri­er proves that:

a.

it was im­possible to provide the data in the case con­cerned for tech­nic­al reas­ons for which the car­ri­er was not re­spons­ible; or

b.

it took all the or­gan­isa­tion­al meas­ures that can reas­on­ably be re­quired to pre­vent any vi­ol­a­tion of the duty to provide data.

¹ Art­icles 122a and 122b ap­ply ir­re­spect­ive of wheth­er the duty of care or duty to provide data was vi­ol­ated in Switzer­land or abroad.

² The SEM is re­spons­ible for im­pos­ing pen­al­ties for in­fringe­ments un­der Art­icles 122a and 122b.

³ Pro­ceed­ings are gov­erned by the Ad­min­is­trat­ive Pro­ced­ure Act of 20 Decem­ber 1968⁴⁰³. They must be opened:

a.

in cases of a vi­ol­a­tion of the duty of care: two years at the latest after the re­fus­al of entry in ques­tion;

b.

in cases of a vi­ol­a­tion of the duty to provide data: two years at the latest after the date on which the data should have been provided in ac­cord­ance with Art­icle 104 para­graph 1.

¹ A fee may be charged for rul­ings and of­fi­cial acts in ac­cord­ance with this Act. Cash out­lays in con­nec­tion with pro­ced­ures in ac­cord­ance with this Act may be billed sep­ar­ately.

² The Fed­er­al Coun­cil shall de­term­ine the fees of the Con­fed­er­a­tion as well as the lim­its for the can­ton­al fees.

³ Claims for money made un­der this Act may be made without any form­al pro­ced­ure. The per­son con­cerned may re­quest that a de­cision be is­sued.

¹ The Fed­er­al Coun­cil shall su­per­vise the im­ple­ment­a­tion of this Act.

² The can­tons shall is­sue the re­quired pro­vi­sions for the im­ple­ment­a­tion of this Act.

The re­peal and the amend­ment of cur­rent le­gis­la­tion are reg­u­lated in the An­nex.

¹ The pre­vi­ous le­gis­la­tion re­mains ap­plic­able to re­quests that were filed be­fore com­mence­ment of this Act.

² The pro­ced­ure is gov­erned by the new le­gis­la­tion.

³ The time lim­its in terms of Art­icle 47 para­graph 1 be­gin with the com­mence­ment of this Act if entry took place or the fam­ily ties ori­gin­ated be­fore this time.

⁴ The crim­in­al pro­vi­sions of this Act ap­ply to of­fences com­mit­ted be­fore the com­mence­ment of this Act provided they are not as severe for the of­fend­ers.

⁵ Art­icle 107 ap­plies only to read­mis­sion and trans­it agree­ments con­cluded after 1 March 1999.

⁶ On the com­mence­ment of the Fed­er­al Act of 20 June 2003⁴⁰⁴ on the In­form­a­tion Sys­tem for For­eign Na­tion­als and Asylum Mat­ters, Art­icles 108 and 109 shall be re­pealed.

¹ If there is a reas­on to is­sue an in­ter­me­di­ate or fi­nal ac­count in ac­cord­ance with Art­icle 87 of the AsylA in the ver­sion of 26 June 1998⁴⁰⁷, be­fore the com­mence­ment the amend­ment of 16 Decem­ber 2005 of the AsylA, the in­ter­me­di­ate or fi­nal ac­count and the net­ting of the ac­count are ef­fected in ac­cord­ance with the pre­vi­ous le­gis­la­tion.

² The Fed­er­al Coun­cil shall reg­u­late the ac­count­ing pro­ced­ure as well as the ex­tent and the dur­a­tion the spe­cial charge and the con­fis­ca­tion of as­sets of tem­por­ar­ily ad­mit­ted per­sons who were in em­ploy­ment be­fore the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA and for whom there was no reas­on to is­sue a fi­nal ac­count in ac­cord­ance with para­graph 1 at the time of the amend­ment of 16 Decem­ber 2005 of the AsylA.

³ The new le­gis­la­tion sub­ject to para­graphs 1 and 2 of these trans­ition­al pro­vi­sions ap­plies to the pro­ced­ures in ac­cord­ance with Art­icles 85–87 of the AsylA in its ver­sion of 26 June 1998 that were pending at the time of the com­mence­ment the Amend­ment of 16 Decem­ber 2005 to the AsylA.

⁴ Sub­ject to the para­graphs 5–7, the new le­gis­la­tion ap­plies to per­sons who were tem­por­ar­ily ad­mit­ted at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA as well as of this Act. If tem­por­ary ad­mis­sion was ordered on the basis of Art­icle 44 para­graph 3 of the AsylA, it con­tin­ues to ap­ply.

⁵ For per­sons who were ad­mit­ted at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005, the Con­fed­er­a­tion shall pay the can­tons flat-rate pay­ments in ac­cord­ance with Art­icles 88 para­graphs 1 and 2 and 89 of the AsylA for the dur­a­tion of tem­por­ary ad­mis­sion, but for a max­im­um of sev­en years from the date of entry. In ad­di­tion the Con­fed­er­a­tion shall pay the can­tons to a one-time con­tri­bu­tion for per­sons who were tem­por­ar­ily ad­mit­ted at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA with the in­ten­tion in par­tic­u­lar of fa­cil­it­at­ing pro­fes­sion­al in­teg­ra­tion. The Fed­er­al Coun­cil shall de­term­ine the amount.

⁶ The cur­rent le­gis­la­tion ap­plies to pro­ced­ures in ac­cord­ance with Art­icle 20 para­graph 1 let­ter b of the Fed­er­al Act of 26 March 1931 on the Res­id­ence and Set­tle­ment of For­eign Na­tion­als (ANAG) in its ver­sion of 19 Decem­ber 2003⁴⁰⁸ that are pending at the time of the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA.

⁷ If tem­por­ary ad­mis­sion was re­voked in a leg­ally bind­ing de­cision be­fore the com­mence­ment of the Amend­ment of 16 Decem­ber 2005 to the AsylA, the Con­fed­er­a­tion shall pay the can­tons a one-time flat-rate pay­ment of 15 000 francs, provided the per­sons con­cerned have not yet left Switzer­land.

Un­til the na­tion­al visa sys­tem comes in­to force, Art­icles 109c and 120d are worded as fol­lows:

...⁴¹⁰

Ad­min­is­trat­ive crim­in­al pro­ceed­ings re­lat­ing to a vi­ol­a­tion of the duty of care or duty to provide data that are pending when the Amend­ment of 20 June 2014 to this Act comes in­to force shall be con­tin­ued un­der the pre­vi­ous law.

¹ The pre­vi­ous law ap­plies for no longer than two years to asylum seekers whose ap­plic­a­tion for asylum can­not be pro­cessed in the fed­er­al centres.

² In pending pro­ceed­ings un­der Art­icles 76 para­graph 1 let­ter b num­ber 5 and 76a para­graph 3, Art­icle 80 para­graph 1 third sen­tence and para­graph 2^bis, Art­icle 80a para­graphs 1 and 2 of this Act and Art­icle 108 para­graph 4, 109 para­graph 3, 110 para­graph 4 let­ter b, 111 let­ter d AsylA⁴¹³ ap­ply in their pre­vi­ous ver­sion.

With the com­mence­ment the Schen­gen As­so­ci­ation Agree­ments, this Act shall be amended as fol­lows:

...⁴¹⁴

¹ This Act is sub­ject to an op­tion­al ref­er­en­dum.

² The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.

Com­mence­ment date: 1 Janu­ary 2008⁴¹⁵
Art­icles 92–95, and 127: 12 Decem­ber 2008⁴¹⁶