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Federal Act
on Foreign Nationals and Integration
(Foreign Nationals and Integration Act, FNIA)1

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 16 December 2005 (Status as of 1 July 2021)

1 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).

Art. 93 Obligation to provide assistance and to cover costs 260

1 The air car­ri­er is ob­liged at the re­quest of the com­pet­ent fed­er­al or can­ton­al au­thor­it­ies to provide im­me­di­ate as­sist­ance to any pas­sen­gers that it is car­ry­ing who are denied entry to the Schen­gen area.261

2 The ob­lig­a­tion to provide as­sist­ance cov­ers:

a.
the im­me­di­ate trans­port of the per­son con­cerned from Switzer­land to their coun­try of ori­gin, to the state is­su­ing the travel doc­u­ments or to an­oth­er state where their ad­mis­sion is guar­an­teed;
b.
the un­covered costs of the re­quired at­tend­ance as well as the cus­tom­ary sub­sist­ence and care costs un­til de­par­ture from or entry in­to Switzer­land.

3 If the air car­ri­er is un­able to provide evid­ence that it has ful­filled its duty of care, it must ad­di­tion­ally bear:262

a.
the un­covered sub­sist­ence and care costs that have been covered by the Con­fed­er­a­tion or the can­ton for a peri­od of stay of up to six months, in­clud­ing the costs for de­ten­tion un­der the law on for­eign na­tion­als;
b.
the at­tend­ance costs;
c.
the de­port­a­tion costs.

4 Para­graph 3 does not ap­ply if the per­son be­ing trans­por­ted has been gran­ted entry to Switzer­land in terms of Art­icle 22 AsylA263. The Fed­er­al Coun­cil may provide for fur­ther ex­cep­tions, in par­tic­u­lar for ex­cep­tion­al cir­cum­stances such as war or nat­ur­al dis­asters.264

5 The Fed­er­al Coun­cil may stip­u­late a flat-rate charge based on the ex­pec­ted costs.

6 It may re­quest se­cur­ity for the pay­ment of costs.

260 Amended by Art. 127 be­low, in force since 12 Dec. 2008 (AS 2008 5405Art. 2 let. a).

261 Amended by No I of the FA of 20 June 2014 (Vi­ol­a­tions of the Duty of Care and to Re­port by Air Car­ri­ers, In­form­a­tion Sys­tems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).

262 Amended by No I of the FA of 20 June 2014 (Vi­ol­a­tions of the Duty of Care and to Re­port by Air Car­ri­ers, In­form­a­tion Sys­tems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).

263 SR 142.31

264 Amended by No I of the FA of 13 June 2008 (Amend­ments in im­ple­ment­a­tion of the Schen­gen and Dub­lin As­so­ci­ation Agree­ments), in force since 12 Dec. 2008 (AS 2008 54075405Art. 2 let. c; BBl 20077937).