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

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).


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Art. 93 Obligation to provide assistance and to cover costs 289

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.290

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:291

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 AsylA292. The Fed­er­al Coun­cil may provide for fur­ther ex­cep­tions, in par­tic­u­lar for ex­cep­tion­al cir­cum­stances such as war or nat­ur­al dis­asters.293

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.

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

290 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).

291 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).

292 SR 142.31

293 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).

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