Federal Act
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Art. 7 Crossing the border and border controls 18
1 Entry and exit are governed by the Schengen Association Agreements. 2 The Federal Council regulates possible checks on persons at the border in accordance with these Agreements. If entry is refused, the authority responsible for the border control shall issue a removal order in accordance with Article 64.19 3 If checks at the Swiss border are temporarily reintroduced in accordance with Articles 27, 28 or 29 of the Schengen Borders Code20 and entry is refused, the authority responsible for the border controls shall issue a reasoned and appealable decision on a form in accordance with Annex V Part B of the Schengen Borders Code. The refusal of entry may be enforced immediately. An appeal has no suspensive effect.21 18 Amended by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405Art. 2 let. a). 19 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881). 20 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ. L 77 of 23.3.2016, p. 1; last amended by Regulation (EU) 2017/458, OJ. L 74 of 18.03.2017, p. 1. 21 Inserted by Art. 2 of the FD of 13 June 2008 on the Approval and the Implementation of the Exchange of Notes between Switzerland and the European Community on the Acceptance of the Schengen Borders Code (AS 2008 56295405Art. 2 let. b). Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155). |