Ordinance of August 15, 2018, on Entry and the Issuance of Visas (OEV) - Purpose and Scope of Application (VEV)
Table of Provisions (76)
Statutory Text (76 Articles)
This ordinance governs entry into Switzerland, airport transit, and the issuance of visas to foreigners.
It is applicable to the extent that the Schengen Association Agreements (SAA) do not stipulate otherwise.
The SAAs are listed in Annex 1.
The ordinance also governs the competence to conclude international treaties of minor significance in relation to the following EU acts: a. Regulation (EU) No 514/2014; b. Regulation (EU) No 515/2014; bbis. Regulation (EU) 2017/2226; bter. Regulation (EU) 2018/1240; c. Regulation (EC) No 810/2009 (Visa Code); d. Regulation (EU) 2019/817; e. Regulation (EU) 2019/818; f. Regulation (EC) No 1683/95; g. Regulation (EC) No 1030/2002; h. Regulation (EC) No 767/2008; i. Regulation (EU) 2021/1148; j. Regulation (EU) 2021/1060; k. Decision No 1105/2011/EU; l. Regulation (EC) No 694/2003; m. Regulation (EU) 2016/399; n. Regulation (EU) 2024/1356.
The following terms are defined as: a. short stay: a stay in the Schengen area not exceeding 90 days in any 180-day period; b. long stay: a stay in the Schengen area exceeding 90 days in any 180-day period; c. airport transit: passage through the international transit zone of airports of States bound by one of the AAS (Schengen States); d. short-stay visa (Schengen visa, type C): a document in sticker form or electronic format issued by a Schengen State certifying that its holder meets the conditions for a short stay; the short-stay visa may be: 1. uniform: valid for the entire territory of the Schengen States, 2. of limited territorial validity: valid only for the territory of one or several Schengen States; e. airport transit visa (Schengen visa, type A): a document in sticker form or electronic format issued by a Schengen State certifying that its holder meets the conditions for airport transit; the airport transit visa may be: 1. uniform: valid for passing through the international transit zone of airports of all Schengen States, 2. of limited territorial validity: valid only for passing through the international transit zone of airports of one or several Schengen States; f. long-stay visa (national visa, type D): a document in sticker form or electronic format issued by a Schengen State certifying that its holder meets the conditions for a long stay; g. third-country national: a citizen of a State that is neither a member of the European Union (EU) nor of the European Free Trade Association (EFTA).
The conditions of entry for a short stay are governed by Art. 6 of the Schengen Borders Code.
The means of subsistence referred to in Art. 6, para. 1, letter c, of the Schengen Borders Code are deemed sufficient if it is guaranteed that the foreign national will not resort to social assistance during their stay in the Schengen area.
The following may be accepted as evidence of sufficient means of subsistence (Art. 14 to 18): a. cash; b. bank assets; c. a declaration of sponsorship; or d. another form of guarantee.
Within the limits of their competencies, the Federal Department of Foreign Affairs (FDFA) and the State Secretariat for Migration (SEM) may, for humanitarian reasons, to safeguard national interests, or due to international obligations (Art. 25 of the Visa Code), grant entry to Switzerland for a short stay to nationals of third countries who: a. do not meet one or more of the entry conditions (Art. 6, para. 5, letters a and c, of the Schengen Borders Code), or b. have been subject to an objection from one or more Schengen States within the framework of the Schengen consultation (Art. 22 of the Visa Code).
Persons subject to the visa requirement who are authorized to enter Switzerland under para. 4 receive a visa with a territorial validity limited to Switzerland.
For a long stay, the foreign national must meet the following entry conditions, in addition to the requirements stipulated in Art. 6, para. 1, let. a, d, and e of the Schengen Borders Code: a. if necessary, they must have obtained a long-stay visa within the meaning of Art. 9; b. they must meet the admission conditions for the intended purpose of the stay.
In duly justified cases, a foreign national who does not meet the conditions of para. 1 may be authorized, on humanitarian grounds, to enter Switzerland for a long stay. This is particularly applicable when their life or physical integrity is directly, seriously, and concretely threatened in their country of origin.
For airport transit, a foreign national must meet the following conditions: a. hold a valid and recognized travel document pursuant to Art. 6; b. if necessary, have obtained an airport transit visa as per Art. 10; c. possess the necessary travel documents and visas for entry into the country of destination; d. have a flight ticket allowing them to continue their journey to the destination and have made the necessary reservations; e. not be flagged for non-admission in the Schengen Information System (SIS) or in Swiss national databases; f. not be considered a threat to public order, internal security, public health, or Switzerland's international relations.
For a short or long stay, as well as for airport transit, foreigners are required to possess a valid travel document recognized by Switzerland. Provisions to the contrary contained in bilateral or multilateral agreements remain reserved.
The travel document must meet the following conditions: a. its validity period: 1. is at least three months longer than the planned date of departure from the Schengen area, in the case of a short stay, 2. is at least three months longer than the date of transit or the last authorized transit, in the case of airport transit for aircraft passengers subject to the airport transit visa requirement, 3. is at least three months longer than the date the holder was granted permission to enter Switzerland, in the case of a long stay; b. it was issued less than ten years ago; c. it contains at least two blank pages at the time of the visa application if the holder is subject to the visa requirement.
The competent authorities may make exceptions: a. to the conditions of para. 2, let. a, subparas. 1 and 2, in duly justified emergencies; b. to the conditions of para. 2, let. a, subpara. 3, b, and c, in justified cases.
A travel document is recognized by the SEM if it meets the following conditions: a. it indicates the identity of the holder and their affiliation with the state or territorial authority that issued it; b. it has been issued by a state, territorial authority, or international organization recognized by Switzerland; c. the state or territorial authority that issued it guarantees at all times the return of its nationals; d. the document incorporates the required security elements in accordance with international criteria; in particular, the standards listed in Annex 9 of the Convention of 7 December 1944 on International Civil Aviation are applicable.
The SEM may, in duly justified cases, recognize travel documents in derogation from para. 4. It may notably do so when a state has issued a travel document to a person legally residing in that state without being a national thereof.
The SEM may, in duly justified cases, authorize exceptions to the travel document requirement, particularly for humanitarian reasons or to safeguard national interests.
Nationals of the states listed in Annex I of Regulation (EU) 2018/1806 are subject to the short stay visa requirement.
The following persons are exempt from the short stay visa requirement, notwithstanding para. 1: a. holders of a valid and recognized travel document, as well as a long stay visa or a valid residence permit issued by a Schengen State (Art. 6, para. 1, let. b, and Art. 39, para. 1, let. a, of the Schengen Borders Code); b. holders of a valid diplomatic, service, special, or official passport issued by Bolivia, Morocco, or other states with which Switzerland has concluded bilateral or multilateral agreements for this purpose; c. aircraft pilots and other crew members in accordance with Annex VII, ch. 2, of the Schengen Borders Code; d. holders of a valid United Nations laissez-passer; e. schoolchildren from a non-member state of the European Union (EU) or the European Free Trade Association (EFTA) who are domiciled in an EU or EFTA member state, provided their names appear on the school list issued or authenticated by the competent authorities of the concerned state, in accordance with Decision 94/795/JHA; f. holders of a valid refugee travel document issued by an EU or EFTA member state or by the United Kingdom in accordance with the Agreement of 15 October 1946 relating to the issue of a travel document to refugees under the competence of the Intergovernmental Committee on Refugees or the Convention of 28 July 1951 relating to the status of refugees, provided they are staying in that state; g. holders of a valid stateless person travel document issued by an EU or EFTA member state or by the United Kingdom, provided they are staying in that state, in accordance with the Convention of 28 September 1954 relating to the status of stateless persons; h. members of armed forces travelling within the framework of the North Atlantic Treaty Organization (NATO) or the Partnership for Peace and who hold identity documents and assignment orders as provided for by the NATO Status of Forces Agreement of 19 June 1951.
Nationals of the states and other territorial entities listed in Annex II of Regulation (EU) 2018/1806 are not subject to the short stay visa requirement. The implementing and delegated acts of the Commission aimed at temporarily suspending the exemption from the short stay visa requirement based on Regulation (EU) 2018/1806 are reserved. They are mentioned in Annex 5.
Notwithstanding para. 3, stays for the purpose of gainful employment are subject to the following rules: a. nationals of the states and territorial entities mentioned in Annex 2 are subject to the short stay visa requirement from the first day they engage in gainful employment; b. nationals of the states and territorial entities mentioned in Annex 3 are subject to the short stay visa requirement insofar as they engage in gainful employment for more than eight days per calendar year; the nationals of these states and territorial entities are nonetheless subject to the short stay visa requirement from the first day they engage in employment if they work in construction, civil engineering, finishing work, hospitality, catering, industrial or domestic cleaning, surveillance, security, itinerant trade, the sex industry, or landscaping or maintenance; c. British citizens who are not nationals of the United Kingdom of Great Britain and Northern Ireland (British nationals [overseas], citizens of British overseas territories, British overseas citizens, British subjects, and British protected persons) are subject to the short stay visa requirement insofar as they engage in gainful employment for more than eight days per calendar year; these individuals are nonetheless subject to this requirement from the first day they engage in employment if they work in construction, civil engineering, finishing work, hospitality, catering, industrial or domestic cleaning, surveillance, security, itinerant trade, the sex industry, or landscaping or maintenance.
The Federal Department of Justice and Police (FDJP) adapts Annex 3 as soon as Switzerland is informed of the conclusion of an agreement on lifting the visa obligation between the EU and one of the states or territorial entities listed in Annex II of Regulation (EU) 2018/1806.
For a long stay in Switzerland, nationals of third countries need a long-stay visa issued by Switzerland. Holders of a valid long-stay visa or residence permit issued by another Schengen state are exempt from this requirement.
Nationals of the following states are exempt from the long-stay visa requirement, as an exception to para. 1: Andorra, Australia, Brunei Darussalam, Vatican City, Japan, Malaysia, Monaco, New Zealand, United Kingdom, San Marino, and Singapore.
Aircraft passengers subject to the visa requirement pursuant to Articles 8 and 9 are exempted from the airport transit visa requirement to the extent that they meet the conditions of Article 5, letters a and c to f.
Notwithstanding paragraph 1, the following are subject to the airport transit visa requirement: a. nationals of the States listed in Annex IV of the Visa Code (Article 3, paragraph 1, of the Visa Code); b. nationals of the States listed in Annex 4 for whom the Federal Department of Justice and Police (FDJP) has introduced an airport transit visa requirement due to a high number of clandestine entries into Switzerland by aircraft passengers in transit (Article 3, paragraph 2, of the Visa Code).
The FDJP is authorized to periodically adjust Annex 4 after reviewing the migration situation.
In accordance with Article 3, paragraph 5, of the Visa Code, the following individuals are exempt from the airport transit visa requirement: a. holders of a valid residence permit issued by an EU or EFTA member state; b. nationals of a State that is neither an EU nor an EFTA member who hold one of the following valid residence permits: 1. a valid residence permit issued by Andorra, Canada, the United States, Japan, the United Kingdom, or San Marino in accordance with Annex V of the Visa Code, guaranteeing the holder an unconditional right of readmission, 2. a valid residence permit for an overseas country or territory of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius, and Saba); c. nationals of a State that is neither an EU nor an EFTA member who hold a valid visa for any of the following States: 1. an EU member state that does not adopt the Visa Code or that does not yet apply all of its provisions, 2. Canada, the United States, or Japan, 3. an overseas country or territory of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius, and Saba); d. family members of nationals of an EU member state as referred to in Annex I, Article 3, of the Agreement of 21 June 1999 between the Swiss Confederation, on the one hand, and the European Community and its Member States on the Free Movement of Persons (Agreement on the Free Movement of Persons), on the other hand, and family members of British nationals who benefit from the Agreement of 25 February 2019 between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Citizens’ Rights following the withdrawal of the United Kingdom from the European Union and the end of the applicability of the Agreement on the Free Movement of Persons; e. holders of a valid and recognized diplomatic passport issued by one of the States mentioned in paragraph 2; f. crew members of aircraft who are nationals of a state party to the Convention on International Civil Aviation of 7 December 1944.
If the individuals referred to in paragraph 4, letter c, undertake their return journey after their visa has expired, the exemption from the visa requirement is only applicable if they return from the state that issued it.
Aircraft passengers exempted from the visa requirement under Articles 8 and 9 are also exempted from the airport transit visa requirement.
A short-stay visa is issued in the following cases: a. short-term stay with or without a work permit in Switzerland; b. entry into Switzerland according to Art. 3, para. 4.
The procedures and conditions for granting short-stay visas and airport transit visas are governed by the provisions of Title III (Art. 4 to 36) of the Visa Code.
These provisions are supplemented by Articles 13 to 19.
The fingerprints of applicants for a short-stay visa are collected in accordance with the VIS Ordinance of December 18, 2013. They may also be used to establish the identity of the applicant in accordance with Art. 102, para. 1, LEI.
The competent authorities for authorization may require the foreign national to present, as proof of sufficient means of subsistence (Art. 3, para. 2), a declaration of guarantee signed by a solvent natural or legal person with domicile or headquarters in Switzerland. The written consent of the spouse of married individuals is required. Registered partners are also subject to this regulation.
When a foreign national cannot avail themselves of the agreement on the free movement of persons, the border control authorities may require a declaration of guarantee.
The following can act as guarantors: a. Swiss nationals; b. foreign nationals holding a residence permit (Art. 33 LEI) or a settlement permit (Art. 34 LEI); c. legal entities registered in the commercial register.
The undertaking declaration covers the costs not assumed by the community or by private providers of medical services during the foreign national's stay in the Schengen area, namely: a. subsistence costs (accommodation and food), b. illness and accident costs, c. return costs.
The undertaking declaration is irrevocable.
The obligation commences on the date of entry into the Schengen area and ends twelve months after that date.
The reimbursement of uncovered costs incurred during the duration of the obligation may be demanded for five years.
The amount of the guarantee is set at 30,000 francs for any individual traveler as well as for groups and families of up to ten persons.
The competent cantonal or communal authority reviews the declaration of sponsorship.
It may, for justified reasons, on a case-by-case basis, provide information regarding the declaration of sponsorship to the relevant authorities, notably to the authorities responsible for social assistance.
Applicants for a short-stay visa must prove that they hold travel medical insurance as defined in Art. 15 of the Visa Code.
Exemptions from the requirement to obtain travel medical insurance are granted to: a. individuals whose professional status indicates an adequate level of coverage (Art. 15, para. 6, of the Visa Code); b. holders of a diplomatic passport (Art. 15, para. 7, of the Visa Code).
For visa applications submitted at the border, medical insurance is not required. The SEM may, in certain exceptional cases, reinstate this obligation.
A foreign national may, with the consent of the competent authorization authorities, demonstrate that they possess sufficient means of subsistence (Art. 3, para. 2) by means of a bank guarantee issued by a Swiss bank or other similar guarantees.
For processing a short-stay visa or airport transit visa application, a fee is charged in accordance with Art. 16 of the Visa Code and the Visa Fee Tariff of October 24, 2007 (VFT).
A long-stay visa is issued in the following cases: a. return to Switzerland following a trip abroad (return visa as per para. 2); b. stay in Switzerland according to Arts. 10, para. 2, and 11, para. 1, LEI; c. entry into Switzerland according to Art. 4, para. 2;
A return visa is issued: a. if the individual meets the conditions for residing in Switzerland but temporarily does not yet have a residence or settlement permit; b. if the stay has been authorized within the framework of the authorization procedure referred to in Art. 17, para. 2, LEI, or c. if the conditions set out in Arts. 7 and 9 of the Ordinance of November 14, 2012, on the Issuance of Travel Documents for Foreigners are met.
A foreign national must submit their long-stay visa application to the Swiss representation in the consular district where they have their legal domicile.
The cantonal migration authority may grant exceptions for foreign nationals who need to travel frequently and on very short notice, such as employees of international companies, artists, athletes, or other professionals.
A Swiss representation may accept the application of a foreign national whose legal domicile is not within its consular district if it finds the reasons for not being able to submit their application to the competent Swiss representation acceptable.
The foreign national is, in principle, not required to appear in person at the representation to submit their application.
The SEM may require the applicant's presence for identification or other checks.
The applicant's presence is generally mandatory in the cases of Art. 4, para. 2. However, the SEM may waive this obligation in exceptional circumstances.
The SEM establishes the list of necessary documents to prove that the conditions for granting a long-stay visa are met.
For the processing of a long-stay visa application, a fee is charged in accordance with the Oem-LEI.
Fingerprints of applicants for a long-stay visa shall not be collected.
Notwithstanding para. 1, they may be collected in order to establish the applicant's identity in accordance with Art. 102, para. 1, of the Foreign Nationals Act (FNA).
In cases referred to in Art. 4, para. 2, fingerprints are systematically recorded.
The validity period of a long-stay visa shall be a maximum of 90 days.
By way of derogation from para. 1 and in accordance with Art. 18, para. 2, of the Convention Implementing the Schengen Agreement, a long-stay visa with a validity period of 120 days may be granted to foreigners who engage in gainful employment in Switzerland for a total of not more than four months within a twelve-month period (Art. 19, para. 4, let. a, of the Ordinance of 24 Oct. 2007 on Admission, Stay, and Gainful Employment).
Entry into Switzerland and exit from Switzerland are governed by the Schengen Borders Code. The provisions of the Customs Act of 18 March 2005 and the related implementing provisions are reserved.
The SEM, in agreement with the Federal Office of Customs and Border Security (FOCBS), the federal and cantonal authorities authorized to conduct personal checks, and the Federal Office of Civil Aviation, establishes the Schengen external borders in Switzerland.
Identity checks at the Schengen external borders for entry into and exit from Switzerland via land and air routes are governed by Art. 8 and Annex VI, ch. 1 and 2, of the Schengen Borders Code.
Entry through an aerodrome that is not designated as a Schengen external border requires prior authorization granted by the authority empowered to carry out personal checks at the aerodrome concerned.
During checks at internal borders of the Schengen Area within Switzerland, compliance with customs requirements may be verified in accordance with the Customs Act of 18 March 2005 and corresponding implementing provisions. Additionally, checks are carried out exclusively in accordance with Art. 23 of the Schengen Borders Code.
The State Secretariat for Migration (SEM) issues guidelines to distinguish the checks referred to in para. 1 from checks at the external borders of the Schengen Area.
When the conditions outlined in Art. 25, para. 1, of the Schengen Borders Code are met, the Federal Council decides on the reintroduction of internal border controls.
In the event of an emergency, the FDJP orders the necessary immediate measures to reintroduce border controls. It informs the Federal Council immediately.
The internal border controls are carried out by the employees of the FDF responsible for border checks, in coordination with the border cantons.
The FDJP regulates the implementation of personal checks at external and internal borders.
The employees of the FDF and the cantons responsible for border controls carry out the control of persons at the borders. The employees of the FDF conduct these activities either as part of their ordinary duties or pursuant to agreements concluded between the Federal Department of Finance and the cantons (Art. 9, para. 2, of the Foreign Nationals and Integration Act and Art. 97 of the Customs Act of March 18, 2005).
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The cantons may authorize the employees of the FDF responsible for border controls to issue and notify the removal order referred to in Art. 64, para. 1, let. a and b, of the Foreign Nationals and Integration Act.
Measures expected from air transport companies under Art. 92, para. 1, LEI, are deemed to be: a. rigorous selection, training, and supervision of staff; b. appropriate organization of checks at registration and boarding and preparation of the required technical infrastructure.
The measures listed in para. 1 aim to ensure the execution of the following operations: a. checking before departure whether the travel documents, visas, and residence permits required for entry into the Schengen area or for airport transit are valid and recognized; b. identifying travel documents, visas, and residence permits whose counterfeiting or falsification can be recognized by a person with adequate training and average visual acuity; c. identifying a travel document, visa, or residence permit that clearly does not belong to the transported person; d. verifying whether the maximum stay duration and the number of authorized entries have been reached.
The SEM may require additional measures from the air transport company: a. when the transportation link presents a significant migration risk, or b. when the number of people who do not possess a travel document, visa, or residence permit required for entry into the Schengen area or for airport transit significantly increases.
Additional measures include, among others, producing copies of travel documents, visas, or residence permits before departure.
The modalities of cooperation as defined in Art. 94, para. 1, LEI include, among other things: a. the SEM’s collaboration in professional training and development regarding applicable legal provisions and methods aimed at preventing the entry of persons without the required travel documents, visas, and residence permits; b. the SEM’s advice on the prevention and identification of forged identity documents and visas; c. the execution of the removal procedure and the fulfillment by the transport company of its obligation to assume responsibility and its duty to ensure the return travel of passengers to whom entry or transit has been refused; d. the cooperation of airline companies with authorities regarding the return of individuals to their state of origin, provenance, or to a third state.
When the agreement provides for lump sums under Art. 94, para. 2, let. b, LEI, the SEM covers the costs of assistance and subsistence for passengers according to Art. 93 LEI.
The SEM is competent to conclude international agreements for the adoption of implementing acts by the European Commission relating to Regulation (EU) 2017/2226, provided that these agreements are of minor scope within the meaning of Art. 7a of the Government and Administration Organization Act of March 21, 1997 (LOGA) and concern the following areas: a. operating conditions of the Internet service and data protection and security rules applicable to the Internet service (Art. 13, para. 7); b. contingency procedures in case of technical inability for carriers to access the data and the operational support to be provided by the ETIAS central unit and the means to deliver this support (Art. 13a, paras. 3 and 4); c. detailed rules regarding the information to be communicated to the European Commission concerning contingency procedures when it is technically impossible to input data or in case of malfunction of the Entry/Exit System (EES) (Art. 21, para. 2); d. the development and implementation of the EES (Art. 36); e. information to be provided to third-country nationals whose data must be recorded in the EES (Art. 50, para. 4); f. specifications and conditions relating to the website containing information concerning the EES (Art. 50, para. 5); g. specifications of the technical solution aimed at establishing statistics (Art. 72, para. 8); h. detailed rules regarding the functionality for the centralized management of the list of authorities that can access the EES (Art. 9, para. 2, of Regulation [EU] 2017/2226).
The SEM is competent to conclude international agreements for the adoption of implementing acts by the European Commission concerning the reporting procedures on operational support within the framework of the national programs of Schengen States and enacted based on Art. 10, para. 6, and Art. 11, para. 6, of Regulation (EU) No. 515/2014, provided these agreements are of minor scope within the meaning of Art. 7a LOGA.
The SEM is competent to conclude international agreements for the adoption of delegated acts by the European Commission concerning the establishment of a system development program for managing migration flows at the Schengen external borders and enacted based on Art. 5, para. 5, let. b, and Arts. 15 and 17 of Regulation (EU) No. 515/2014, provided these agreements are of minor scope within the meaning of Art. 7a LOGA.
The SEM is competent to conclude international agreements for the adoption of delegated acts or implementing acts by the European Commission relating to Regulation (EU) No. 514/2014, provided these agreements are of minor scope within the meaning of Art. 7a LOGA, and concern: a. the reporting of financial irregularities and enacted based on Art. 5, para. 6, of Regulation (EU) No. 514/2014; b. the work program and emergency assistance and enacted based on Art. 6, para. 2, of Regulation (EU) No. 514/2014; c. the template on which national programs are drawn up and enacted based on Art. 14, para. 4, of Regulation (EU) No. 514/2014; d. the conditions and methods to be met by the electronic data exchange system and enacted based on Art. 24, para. 5, of Regulation (EU) No. 514/2014; dbis. the minimum conditions for the designation of responsible authorities concerning the internal environment, control activities, information and communication, as well as monitoring, and the rules on procedures concerning designation or termination thereof, and enacted based on Art. 26, para. 4, let. a, of Regulation (EU) No. 514/2014; dter. the rules on the supervision of responsible authorities, as well as the procedure for reviewing their designation, and enacted based on Art. 26, para. 4, let. b, of Regulation (EU) No. 514/2014; dquater. the obligations of responsible authorities concerning public intervention and the content of their responsibilities in terms of management and control and enacted based on Art. 26, para. 4, let. c, of Regulation (EU) No. 514/2014; e. the procedures and rules necessary for achieving a uniform application of controls exercised by the responsible authorities and enacted based on Art. 27, para. 5, of Regulation (EU) No. 514/2014; f. the templates for the documents related to the request for payment of the annual balance and enacted based on Art. 44, para. 3, of Regulation (EU) No. 514/2014; g. the implementation modalities of the annual accounts clearance procedure and enacted based on Art. 45, para. 2, of Regulation (EU) No. 514/2014; h. the implementation modalities of the compliance clearance procedure and enacted based on Art. 47, para. 6, of Regulation (EU) No. 514/2014; i. the technical characteristics of information and publicity actions and enacted based on Art. 53, para. 5, of Regulation (EU) No. 514/2014; j. the templates for annual and final implementation reports and enacted based on Art. 54, para. 8, of Regulation (EU) No. 514/2014.
The SEM is authorized to conclude international treaties for the adoption of implementing acts of the European Commission related to Regulation (EU) 2018/1240, provided that the implementing acts are issued based on the following articles and paragraphs of Regulation (EU) 2018/1240, that these treaties are of minor importance within the meaning of Art. 7a LOGA, and that they pertain to the following areas: a. the technical modalities for data storage (Art. 11, para. 10); abis. a form for reporting abuse by commercial intermediaries (Art. 15, para. 5); b. the functioning of the public website and mobile application as well as applicable data protection and security rules (Art. 16, para. 10); c. the requirements for the format of personal data to be specified in the application form, as well as the parameters and checks to be implemented to ensure that the application is complete and that these data are consistent (Art. 17, para. 9); d. the requirements applicable to audiovisual communication means and their operation (Art. 27, para. 5); e. risk requirements (Art. 33, para. 3); f. the technical specifications of the watchlist of the European Travel Information and Authorization System (ETIAS) and a tool for evaluating this list (Art. 35, para. 7); g. the uniform form for refusal, cancellation, or revocation of an ETIAS travel authorization (Art. 38, para. 3); h. the conditions for the use of the carriers' portal and the applicable data protection and security rules (Art. 45, para. 2); i. the authentication scheme exclusively for carriers (Art. 45, para. 3); j. the details of backup procedures (Art. 46, para. 4); jbis. operational support to be provided by the central ETIAS unit to carriers and the means to provide this support (Art. 46, para. 5); k. the standard emergency plans in case of technical inability to access data at the external borders of the Schengen area (Art. 48, para. 4); l. the standard security plan and the business continuity and disaster recovery plan (Art. 59, para. 4); m. the necessary measures for the development and technical implementation of the central ETIAS system, the national uniform interfaces, the communication infrastructure, and the portal for carriers (Art. 73, para. 3, lit. b); n. the arrangement and data quality control procedures in the central ETIAS system and the requirements for data quality compliance (Art. 74, para. 5); o. the brochures distributed to travelers during the transitional period (Art. 83, para. 4); p. the use of the central repository and the applicable data protection and security rules for this repository (Art. 84, para. 2); q. the specifications of the technical solution for generating statistics (Art. 92, para. 8).
The SEM is authorized to conclude international treaties for the adoption of delegated acts of the European Commission related to Regulation (EU) 2018/1240, provided that the delegated acts are issued based on the following articles and paragraphs of Regulation (EU) 2018/1240, that these treaties are of minor importance within the meaning of Art. 7a LOGA, and that they pertain to the following areas: a. the requirements for the secure account service allowing applicants to provide the additional required documents or information (Art. 6, para. 4); abis. the conditions for the matching of data between a file, alert, or record of other EU information systems consulted and an application file (Art. 11, para. 9); b. the development of the list of employment groups (Art. 17, para. 3 and 5); c. the content and format of questions posed to applicants (Art. 17, para. 5); d. the content and format of additional questions and the predefined list of responses to these questions (Art. 17, para. 6); e. the methods and procedure for payment of travel authorization fees and the modification of the amount of these fees (Art. 18, para. 4); f. the content and format of this predefined list of options related to the transmission of additional information or documents to the national ETIAS unit (Art. 27, para. 3); g. specification of the verification tool to enable applicants to track the progress of their application and check the validity and duration of their travel authorization (Art. 31); h. the precise definition of risks related to security or illegal immigration or the high epidemic risk (Art. 33, para. 2); i. guarantees to avoid conflicts with alerts in other information systems and the definition of conditions under which a travel authorization may be marked (Art. 36, para. 4); j. the type of additional information that may be added, the language and formats, as well as the reasons justifying the markings (Art. 39, para. 2); k. the tool to be used by applicants to give and withdraw their consent (Art. 54, para. 2); l. the extension of the period during which the use of ETIAS is optional (Art. 83, para. 1); m. the extension of the grace period (Art. 83, para. 3); n. the precise definition of the financial support to which Schengen States may be entitled for expenditures related to the customization and automation of border checks for the implementation of ETIAS (Art. 85, para. 3).
The SEM is competent to conclude international treaties aimed at the adoption of implementing acts of the European Commission related to the visa code, provided that these treaties are of minor significance as defined in Art. 7a LOGA and provided that the implementing acts are issued based on the following articles and paragraphs of the visa code and pertain to the following areas: a. the adoption of a harmonized list of supporting documents to be used in each consular district (Art. 14, para. 5bis); b. the conditions applicable to the issuance of multiple-entry visas in each relevant consular district (Art. 24, para. 2quinquies); c. the rules applicable for filling in the fields of the electronic visa (Art. 27, para. 1); d. the modalities for affixing the visa sticker (Art. 29, para. 1bis); e. the operational instructions regarding the issuance of visas to seafarers at the Schengen external borders (Art. 36, para. 2bis); f. the instructions regarding the practical application of the visa code (Art. 51); g. the minimum standards to be used during the inspection and verification of travel documents to ensure their authenticity, and the techniques, methods, and procedures for processing data stored on the chip (Art. 12, para. 7).
It is also competent to conclude international treaties aimed at the adoption of implementing acts of the Council of the EU related to the visa code, provided that these treaties are of minor significance as defined in Art. 7a LOGA and provided that the implementing acts are issued based on the following articles and paragraphs of the visa code and pertain to the following areas: a. the suspension of the application of free visa issuance or facilitations concerning the submission of supporting documents, processing times, or the issuance of multiple-entry visas to all or certain categories of nationals of a third country that does not sufficiently cooperate in the readmission of persons staying irregularly (Art. 25bis, para. 5, let. a, and 6); b. the gradual increase of the visa fee if the concerned third country continues to not sufficiently cooperate (Art. 25bis, para. 5, let. b, and 6); c. the granting of specific facilitations to all or certain categories of nationals of a third country that sufficiently cooperates in the readmission of persons staying irregularly (Art. 25bis, para. 8).
The SEM is authorized to conclude international treaties for the adoption of European Commission implementing acts relating to Regulations (EU) 2019/817 and (EU) 2019/818, provided that these acts constitute minor international treaties within the meaning of Art. 7a LOGA, that they are enacted based on the following articles and paragraphs of Regulations (EU) 2019/817 and (EU) 2019/818, and that they concern the following areas: a. the form used to inform the concerned person of the presence of a red link between at least two Schengen/Dublin information systems (Art. 32, Para. 5, of Regulations [EU] 2019/817 and [EU] 2019/818); b. the form used to inform the concerned person of the presence of a white link between at least two Schengen/Dublin information systems (Art. 33, Para. 6, of Regulations [EU] 2019/817 and [EU] 2019/818); c. the details of automated mechanisms and procedures for data quality control, common data quality indicators, and minimum quality standards for data storage in the EES, VIS, ETIAS, SIS, shared BMS, and CIR, especially concerning biometric data (Art. 37, Para. 4); d. the definition and development of a universal format standard for messages that establishes certain elements of the content of cross-border information exchanges between information systems, authorities, or bodies in the field of justice and home affairs (Art. 38, Para. 3). It is competent to conclude international treaties for the adoption of European Commission delegated acts relating to Regulations (EU) 2019/817 and (EU) 2019/818, provided that these acts constitute minor international treaties within the meaning of Art. 7a LOGA, that they are enacted based on the following articles and paragraphs of Regulations (EU) 2019/817 and (EU) 2019/818 and that they establish: a. the procedures to determine the cases in which identity data may be considered identical or similar (Art. 28, Para. 5, of Regulations [EU] 2019/817 and [EU] 2019/818); b. the details concerning the online portal related to exercising the rights of access, correction, deletion, and restriction of processing of personal data (Art. 49, Para. 6, of Regulations [EU] 2019/817 and [EU] 2019/818).
The SEM is empowered to conclude international treaties for the adoption of implementing acts of the European Commission relating to Regulation (EC) No 1683/95, provided that these treaties are of minor significance within the meaning of Art. 7a LOGA and that these implementing acts are issued based on Art. 2 of Regulation (EC) No 1683/95 and set technical specifications for the uniform visa format or establish the confidentiality of these specifications.
The SEM is empowered to conclude international treaties for the adoption of implementing acts of the European Commission relating to Regulation (EC) No 1030/2002, provided that these acts constitute international treaties of minor significance within the meaning of Art. 7a LOGA, that they are issued based on the following articles of Regulation (EC) No 1030/2002, and that they establish: a. the technical specifications for the uniform format of residence permits issued to third-country nationals (Art. 2 and 3); b. the technical specifications for the capture of biometric data (Art. 4b).
The State Secretariat for Migration (SEM) is authorized to conclude international treaties for the adoption of implementing acts of the European Commission concerning Regulation (EC) No 767/2008, provided that these acts are issued based on the following articles and paragraphs of Regulation (EC) No 767/2008 and that the treaties are of minor significance within the meaning of Art. 7a of the Government and Administration Organization Act (LOGA) and concern the following areas: a. the definition of detailed rules for the functionality of the centralized management of the list of recognized travel documents and the notification of the recognition or non-recognition of travel documents listed (Art. 5a, para. 3); b. the definition of detailed rules relating to the management functionality for the centralized list of authorities with access to the Central Visa Information System (C-VIS) (Art. 6, para. 5); c. the specification of risks on which specific risk indicators are based (Art. 9un, para. 3); d. the establishment and development of the device and procedures for performing quality controls and the appropriate requirements relating to compliance with the quality of data entered into the C-VIS (Art. 29, para. 2a); e. the definition of the specification of quality standards for the storage of data entered into the C-VIS (Art. 29b, para. 3); f. the establishment of necessary measures for the development of the central C-VIS system, national interfaces in each Schengen State, and the communication infrastructure between the C-VIS and the interfaces (Art. 45, para. 1); g. the establishment of necessary measures for the technical implementation of the functionalities of the central C-VIS system (Art. 45, para. 2, pts. a to f); gbis. the establishment of necessary measures for the technical implementation of the EU platform for visa applications, its use, the formats of documents or personal data to be provided, and the rules relating to data processing (Art. 45, para. 2, pts. g to r); h. the setting of technical specifications relating to the quality, resolution, and use of fingerprints and facial images for biometric verification and identification in the C-VIS (Art. 45, para. 3); i. the definition of detailed rules relating to the conditions of use of the carrier portal and the applicable data protection and security rules (Art. 45a, para. 3); j. the definition of the authentication device for carriers (Art. 45a, para. 5); k. the definition of details of emergency procedures in case of technical inability for carriers to access the data (Art. 45b, para. 3); l. the definition of specifications for the technical solution provided to Member States to facilitate data collection in accordance with Chapter IIIa, for generating statistics (Art. 50, para. 4).
The SEM is authorized to conclude international treaties for the adoption of delegated acts of the European Commission concerning Regulation (EC) No 767/2008, provided that these acts are issued based on the following articles and paragraphs of Regulation (EC) No 767/2008 and that the treaties are of minor significance within the meaning of Art. 7a LOGA and concern the following areas: a. the establishment of simplified application forms on the EU platform for visa applications to be used in the course of procedures for confirming valid visas in a new travel document or for visa extensions (Art. 7a, para. 7); abis. the development of a pre-established list of professions (Art. 9, para. 3); b. the precise definition of risks in terms of security or illegal immigration or high epidemic risk (Art. 9un, para. 2); c. the establishment of a manual that defines the procedures and rules necessary for conducting inquiries, verifications, and assessments in the context of the interoperability of information systems (Art. 9n, para. 2, and Art. 22a, para. 18).
The SEM is competent to conclude international treaties for the adoption of implementing acts of the European Commission concerning Regulation (EU) 2021/1148, provided that these acts establish the model for the annual report and are enacted based on Art. 29, para. 5, of Regulation (EU) 2021/1148, and provided that the treaties are of minor importance within the meaning of Art. 7 a LOGA.
It is competent to conclude international treaties for the adoption of delegated acts of the European Commission concerning Regulation (EU) 2021/1148, provided that these acts are enacted based on Art. 31, para. 2, of Regulation (EU) 2021/1148, and that the treaties are of minor importance within the meaning of Art. 7 a LOGA.
It is competent to conclude international treaties concerning the implementing acts of the European Commission related to Regulation (EU) 2021/1060, to the extent that these acts are enacted based on the following articles and paragraphs of Regulation (EU) 2021/1060, and that the treaties are of minor importance within the meaning of Art. 7 a LOGA and concern the following areas: a. the approval of national programs (Art. 23, para. 4); b. the determination of financial corrections (Art. 104, para. 4).
It is competent to conclude international treaties for the adoption of delegated acts of the European Commission related to Regulation (EU) 2021/1060, provided these acts are enacted based on Art. 114, para. 2, of Regulation (EU) 2021/1060, and that the treaties are of minor importance within the meaning of Art. 7 a LOGA.
The SEM is authorized to conclude international treaties for the adoption of implementing acts of the European Commission concerning the establishment or updating of the list of travel documents allowing their holders to cross external borders, which are issued based on Decision No 1105/2011/EU, provided that these treaties are of minor significance as per Art. 7a of the LOGA.
The SEM is competent to conclude international treaties for the adoption of European Commission implementing acts related to Regulation (EC) No 694/2003, provided that these treaties are of minor scope within the meaning of Art. 7a LOGA and insofar as these implementing acts are enacted based on Art. 2 of Regulation (EC) No 694/2003 and set technical specifications for the standard model of the document facilitating transit, including rail transit, or establish the confidentiality of these specifications.
The SEM is authorized to conclude international agreements for the adoption of implementing acts of the European Commission relating to Regulation (EU) 2016/399, provided that these agreements are of minor significance within the meaning of Art. 7a FADA and that the implementing acts are issued based on the following articles and paragraphs of Regulation (EU) 2016/399 and concern the following areas: a. the template for notification of the temporary reintroduction of internal border controls (Art. 27, para. 6); b. the uniform model for the report on the reintroduction of internal border controls (Art. 33, para. 4).
It is authorized to conclude international agreements for the adoption of delegated acts of the European Commission relating to Regulation (EU) 2016/399, provided that these agreements are of minor significance within the meaning of Art. 7a FADA and that the delegated acts are issued based on the following articles and paragraphs of Regulation (EU) 2016/399 and concern the following areas: a. additional measures governing border surveillance (Art. 13, para. 5); b. amendments to Annexes III, IV, and VIII of Regulation (EU) 2016/399 (Art. 36, para. 1); c. additions to Part B of Annex XI of Regulation (EU) 2016/399 of categories of persons undertaking essential travel (Art. 36, para. 2).
The SEM is authorized to conclude international treaties for the adoption of implementing acts of the European Commission related to Regulation (EU) 2024/1356, provided that these treaties are of minor significance within the meaning of Art. 7(a) of the LOGA and provided that the implementing acts are issued based on the following articles and paragraphs of Regulation (EU) 2024/1356 and concern the following areas: a. the detailed procedure for security checks and the specifications for data extraction from EU information systems (Art. 15, para. 5); b. the procedure for cooperation between the authorities responsible for screening, the national central bureaus of Interpol, and the national units of Europol to determine a threat to internal security (Art. 16, para. 8).
The SEM is responsible for authorizing or refusing entry into Switzerland. The competencies of the FDFA according to Art. 38 and the cantonal migration authorities according to Art. 39 are reserved.
It is responsible for authorizing the entry into Switzerland of persons according to Art. 4, para. 2.
It has competence for all tasks not assigned to other federal bodies, particularly for the following tasks: a. issuing directives on visas and border control, as long as these are not covered by European regulations; b. issuing directives on the withdrawal of travel documents, identity documents, and supporting documents that are false, forged, or showing concrete indications of misuse; c. conducting situational analyses on illegal migration, to enable the implementation of practices regarding visas, controls at the external borders of the Schengen area, and national substitute measures at internal borders; collaborating for this purpose with interested authorities and organizations in Switzerland and abroad; d. collaborating in the training and professional development of authorities responsible for executing this ordinance; e. preparing reports on visas granted or refused as well as visa-related statistics; f. developing the Swiss strategy for integrated border management in collaboration with federal and cantonal authorities.
The representations abroad issue, refuse, cancel, and revoke short-term, long-term, or airport transit visas on behalf of the competent authorities, namely the SEM, the FDFA, and the cantons.
The authorities responsible for controlling the entry conditions at external borders and airport transit conditions grant, refuse, cancel, and revoke short-term or long-term visas or airport transit visas on behalf of the competent authorities, namely the SEM (State Secretariat for Migration), the FDFA (Federal Department of Foreign Affairs), and the cantons.
The FDFA is responsible for authorizing or refusing entry into Switzerland for the following persons: a. individuals who, due to their political position, are likely to influence Switzerland's international relations; b. holders of a diplomatic, service, or special passport who enter or transit through Switzerland; c. individuals who enjoy privileges, immunities, and facilities under international law or pursuant to Art. 2, para. 2, of the Host State Act of June 22, 2007.
It is responsible for the extension of short-stay visas and airport transit visas granted under para. 1. This authority may be delegated to the cantons.
The FDFA issues guidelines on visas within its area of competence.
The cantonal migration authorities are competent in matters of visa issuance when the stay is subject to cantonal authorization.
They are responsible for: a. issuing a short-stay visa following a long stay in Switzerland, and b. extending short-stay visas, on behalf of the SEM and the FDFA.
The FDFA and the SEM ensure that tasks delegated under Art. 98b LEI are only assigned to external service providers who guarantee an adequate level of data protection.
The FDFA enters into an agreement with service providers tasked with performing tasks within the framework of the visa procedure, in accordance with Art. 43, para. 2, and Annex X of the Visa Code.
It is the responsibility of the FDFA to: a. verify the creditworthiness and reliability of the service providers; b. check compliance with the conditions and modalities set out in the agreement referred to in para. 2; c. monitor the implementation of the agreement referred to in para. 2, in accordance with Art. 43, para. 11, of the Visa Code; d. train the service providers so that they have the necessary knowledge to provide adequate service and communicate sufficient information to applicants; e. ensure that the data transmitted electronically to Swiss representations is secure within the meaning of Art. 44 of the Visa Code.
Swiss representations may, in collaboration with other Schengen State representations, share the same service provider. In this case, the tasks referred to in para. 3 are carried out in collaboration.
Service providers may charge, in addition to the usual fees for visa issuance, the fees provided for in Art. 17, paras. 4, 4bis, and 4ter of the Visa Code, based on the principle of covering the actual costs.
In accordance with Art. 42 of the Visa Code, honorary consuls may also perform all or part of the tasks provided for in Art. 43, para. 6, of the Visa Code.
The FDFA and the FDJP oversee the implementation of the provisions regarding visas.
The FDJP oversees the implementation of other provisions concerning entry.
When applications are made by individuals likely to threaten public order and security or Switzerland’s international relations, the FDFA and SEM consult the following authorities: a. the Federal Office of Police; b. the State Secretariat for Economic Affairs; c. the Federal Finance Administration; d. the cantonal migration authorities; e. the Federal Intelligence Service.
When a Schengen State requests a consultation (Art. 22 of the Visa Code), the competent representation abroad sends the visa application to the SEM. The SEM then forwards it to the competent foreign authority. The procedure is governed by Art. 22 of the Visa Code.
In cases provided for in Arts. 31 and 34 of the Visa Code, the SEM informs the other Schengen States.
Representation within the visa issuance procedure between foreign representations of Schengen States is governed by Art. 5, para. 4, and Art. 8 of the Visa Code. Specific bilateral agreements are reserved.
The FDFA may, in agreement with the FDJP, conclude agreements with Schengen States on reciprocal representation within the visa issuance procedure. It takes into account the obligations arising from international law as well as all the relations that Switzerland maintains with the concerned States.
Within the framework of the visa issuance procedure, local consular cooperation between the foreign representations of Schengen States is governed by Art. 48 of the Visa Code.
The federal and cantonal authorities responsible for the implementation of entry provisions cooperate closely.
May participate in automated border control, provided they meet the conditions of Art. 103 g, para. 2, LEI: a. nationals of EU member states or EFTA; b. nationals of third states.
Repealed
The authorities responsible for border control may use a facial recognition system as a technical means of recognition provided for in Art. 103, para. 1, LEI. This system operates on a biometric principle that allows for the measurement of the faces of individuals arriving at the airport.
The following data are captured and recorded in the facial recognition system: a. a facial photograph (initial photo); b. the surname, given names, and aliases of the person concerned; c. the date of birth; d. the gender; e. the nationality; f. the place of embarkation; g. the visual records of travel documents, other identification papers, and flight documents; h. the place, date, and time of capture.
The recognition system measures facial features from the facial photograph and records the collected biometric data.
The data referred to in para. 1, letter a to f, are extracted from travel and flight documents. When they cannot be obtained from these documents, reference will be made to the statements of the person concerned.
The facial recognition system may be used when a person enters Switzerland by air and is suspected of illegal immigration or poses a concrete threat to the internal or external security of Switzerland.
Data recorded in the facial recognition system may be consulted to establish the identity and origin of a person when they: a. are subject to a police check in the airport transit area, submit an asylum application there, or wish to pass through passport control, and b. do not present valid travel documents, present travel documents that do not belong to them, or do not present any flight documents.
If the conditions set out in art. 56 and 57 are met, a facial photograph of the person concerned is taken. The recognition system then measures facial elements and compares the gathered information with biometric data recorded in the facial recognition system. If the biometric data match, the facial recognition system displays the data referred to in art. 55, para. 1.
The data referred to in Art. 55, para. 1, may, in certain cases, be transmitted to the following administrative bodies, provided they need it within the context of an asylum or return procedure: a. the SEM; b. the cantonal migration authorities; c. the Swiss representations abroad.
Data recorded in the facial recognition system must be deleted within 30 days.
If the recorded data is required in the context of a criminal procedure or a procedure under asylum and immigration law that is ongoing, it shall be deleted upon the enforcement of the decision or the suspension of the procedure.
The photograph taken during the consultation of data for comparison with the initial photograph, and the related biometric data, must be destroyed immediately after the data consultation.
The authorities responsible for border controls are accountable for the security of the facial recognition system and the legality of processing personal data.
Articles 50, paragraph 3, and 51 to 53 apply by analogy to the rights of the persons concerned, data security, statistics, and data analysis.
The FDJP may, after consultation with the FDFA, the Federal Department of Finance, and the authorities responsible for border control, conclude agreements with foreign states regarding the use of document advisors' services (Art. 100 a, para. 3, FNIA).
The agreements referred to in para. 1 shall specifically determine the type of activities that document advisors are authorized to conduct within the territory of the other state, the manner in which they must report themselves, and the status they hold.
The SEM, the authorities responsible for border control that deploy document advisors, and the Consular Directorate of the FDFA (DC) agree on the terms of collaboration, particularly: a. the terms of deployment of Swiss document advisors; b. the cost distribution regarding the use of services of Swiss document advisors; c. the terms of using the services of foreign document advisors in Switzerland.
The SEM shall determine the locations and duration of the engagement of Swiss document advisors in agreement with the authorities responsible for border control who second them and the DC.
The DC may, with the mutual agreement of the SEM and the authority responsible for border control that seconds document advisors, enter into agreements with foreign authorities seconding advisors regarding operational cooperation at the engagement site. These agreements may specifically address: a. the establishment of common objectives; b. the regulation of information exchanges between document advisors; c. the regulation related to mutual training at the engagement site.
The operational implementation of using document advisors' services falls under the authorities responsible for border control who second these advisors.
The SEM determines the locations and duration of the engagement of foreign advisors on documentation in agreement with the foreign authorities dispatching advisors, the Swiss authorities responsible for border control, and the FDFA. It may, in mutual agreement with the Swiss authorities responsible for border control, conclude agreements with the foreign authorities dispatching advisors concerning operational cooperation at the place of engagement. The agreements may particularly cover: a. the establishment of common objectives; b. regulations related to conduct, engagement, and required competencies; c. regulations concerning mutual training at a place of engagement.
The operational implementation of the use of services of foreign advisors on documentation dispatched to Switzerland is the responsibility of the authorities in charge of border control at the place of engagement.
Decisions on the refusal, cancellation, or revocation of a short stay or airport transit visa are made in the name of the SEM (Art. 35) or the FDFA (Art. 38) using the standard form found in Annex VI of the Visa Code.
When entry into Switzerland is refused at the airport, the SEM issues a decision that is subject to appeal in accordance with Art. 65, para. 2, of the LEI.
Cantonal legal remedies are available in the event of a decision made pursuant to Art. 39 by a cantonal migration authority.
Cantonal legal remedies are available in the event of a decision issued under Art. 39 by a cantonal migration authority. Decisions on refusal, cancellation, or revocation of a visa as per Art. 21, para. 1, let. c, are issued in the name of the SEM using a form.
The ordinance of October 22, 2008, on entry and issuance of visas is repealed.
The acts mentioned below are modified as follows:...
The new law applies to procedures pending on the date of entry into force of this ordinance.
This ordinance shall enter into force on 15 September 2018.