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Art. 89b Claiming back and declining to make flat-rate compensatory payments 252
1 The Confederation may claim back flat-rate compensatory payments already made under Article 88 of this Act and under Articles 58 and 87 FNIA253 if a canton fails to carry out the enforcement tasks in accordance with Article 46 of this Act or carries out such tasks inadequately without excuse. 2 If the non-fulfilment or inadequate fulfilment of enforcement tasks in accordance with Article 46 leads to the person concerned staying longer in Switzerland, the Confederation may decline to make flat-rate compensatory payments under Article 88 of this Act and under Articles 58 and 87 FNIA in respect of the related costs incurred by the canton. 252 Inserted by No I of the FA of 25 Sept. 2015 (AS 2016 3101; BBl 2014 7991). Amended by Annex 1 No 2 of the FD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 22 Nov. 2022 (AS 2021 365; 2023 16; BBl 2020 3465). |