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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).

Art. 122b Violations by air carriers of the duty to provide data 473

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.

473 In­ser­ted 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).