Ordinance of 11 August 1999 on the Enforcement of the Return and Expulsion of Foreign Nationals (OERE) - General Provisions (VVWAL)

The State Secretariat for Migration (SEM) assists the cantons in the area of enforcement of return, expulsion under the Foreign Nationals and Integration Act (expulsion), or expulsion pursuant to Articles 66a or 66a bis of the Criminal Code or Articles 49a or 49a bis of the Military Criminal Code of 13 June 1927 (criminal expulsion).

It may cooperate with the European Border and Coast Guard Agency (Agency) in carrying out its tasks pursuant to Article 71, paragraph 1, of the Foreign Nationals and Integration Act, in particular those referred to in paragraph 1, letters a and b.

At the request of the competent cantonal authority, the State Secretariat for Migration (SEM) is responsible for obtaining travel documents for foreigners subject to a deportation, expulsion, or criminal expulsion order.

In the accelerated procedure pursuant to Art. 26 c of the Asylum Act (LAsi), it initiates the process of obtaining travel documents without a request from the competent cantonal authority responsible for the enforcement of deportation.

In the extended procedure pursuant to Art. 26 d of the LAsi, it may start the process of obtaining travel documents before the competent cantonal authority makes a request.

It informs the competent cantonal authority of the initiation of the process to obtain travel documents.

The competent cantonal authority that submits a request for assistance in execution to the SEM conducts a departure interview with the individual concerned, generally after the notification of the deportation, expulsion, or penal expulsion decision, but at the latest immediately after the enforcement of this decision.

In the accelerated procedure as per Art. 26c of the Asylum Act (LAsi), the SEM conducts a departure interview with the person concerned after the notification of the deportation decision. With the agreement of the SEM, the competent cantonal authority may also conduct this interview. Additional departure interviews may be conducted after the enforcement of the deportation decision.

In the Dublin procedure as per Art. 26b of the Asylum Act (LAsi), the canton conducts a departure interview with the individual concerned after the notification of the deportation decision. With the agreement of the competent cantonal authority, the SEM may also conduct this interview.

The departure interview primarily serves to: a. explain to the person concerned the decision of deportation, expulsion, or penal expulsion; b. clarify and document the person's willingness to leave Switzerland; c. assess their health condition in terms of transportability; d. inform them of their obligation to cooperate in obtaining valid travel documents; e. warn them, if necessary, about the existence of coercive measures as per Arts. 73 to 78 of the Federal Act on Foreign Nationals (LEI); f. inform them about return assistance; g. provide information on the procedures for the payment of the travel allowance as per Art. 59a, para. 2bis, of the Asylum Ordinance 2 (OA 2).

The competent authority may conduct a counseling interview with the detained person under Articles 75 to 78 of the Foreign Nationals and Integration Act (LEI). This interview aims to encourage the person concerned to cooperate in obtaining travel documents and in organizing their departure, as well as to inform them of the possibilities available in terms of return and the potential for receiving financial assistance.

Financial assistance is provided to asylum seekers in accordance with Article 59a, paragraph 2 bis, OASA 2 (travel allowances) and Article 59a bis OASA 2 (departure allowance). For individuals within the domain of foreign nationals, financial assistance is governed by cantonal law.

The State Secretariat for Migration (SEM) may enter into service agreements with the cantons or with third parties concerning the conduct of counseling interviews with asylum seekers who are in administrative detention.

In the context of its intervention aimed at obtaining travel documents, the SEM verifies the identity and nationality of foreigners subject to a deportation, expulsion, or penal expulsion order.

For this purpose, it may conduct interviews, present the person concerned to the representation of their country of origin, and perform linguistic or textual analyses, as well as invite a delegation from the state of origin or provenance to Switzerland.

When a deportation decision pursuant to Art. 45 of the Asylum Act (LAsi) has become enforceable, the SEM may analyze personal data from electronic data carriers. The procedure is governed by Art. 47, para. 3, LAsi in relation to Arts. 10 a to 10 i of Ordinance 3 of August 11, 1999, on asylum.

The SEM communicates the results of the investigations it has conducted under paragraphs 2 and 3 to the canton.

Efforts to obtain the necessary travel documents for the execution of deportation can be initiated even if legal remedies are being pursued.

Until the conclusion of an agreement on the readmission and transit of persons who are in an irregular situation in Switzerland within the meaning of Art. 100, para. 2, let. b, LEI, the Federal Department of Justice and Police (FDJP) may, in agreement with the Federal Department of Foreign Affairs (FDFA), enter into agreements with foreign authorities addressing, on the one hand, the organizational issues related to the return of foreign nationals to their country of origin, and on the other hand, assistance with return and reintegration.

For organizing departures, the SEM may collaborate with foreign authorities, federal, cantonal, and communal authorities, international and national organizations, airline companies, or other private service providers.

Regarding returns by air, the SEM may handle tasks such as booking tickets and setting itineraries.

It may organize special flights and, in agreement with third-party states, international flights to the countries of origin or departure of the foreign nationals subject to a removal, expulsion, or penal expulsion order. It coordinates activities related to the departure process and serves as the central point of contact for the concerned services.

The SEM maintains a continuous exchange of information with the FDFA and international organizations concerning: a. the acquisition of documents; b. the organization of departures and returns; c. the security of official escorts. The SEM may request the FDFA to directly intervene with the states of origin or provenance of foreign nationals subject to a removal, expulsion, or penal expulsion decision, or with diplomatic or consular representations.

The SEM shall establish and update a computerized documentation on the main countries of origin or departure; this documentation shall include all the information required for the execution of deportations, expulsions, and criminal expulsions, notably information on obtaining travel documents, organizing travel, and ensuring security.

The SEM shall maintain a permanent exchange of information with the competent cantonal authorities on issues relating to the execution of deportations, expulsions, and criminal expulsions, and shall particularly organize advanced training courses and information sessions.

In particular, when it is necessary to present foreign nationals subject to a deportation, expulsion, or criminal expulsion order to the diplomatic or consular representations of their countries of origin or provenance, to conduct interviews with them with the aim of establishing their identity and nationality, or to escort them to airports, the cantons shall provide the required administrative assistance to the SEM.

When it is not possible to obtain travel documents from a foreign national's country of origin in order to execute their deportation, expulsion, or criminal expulsion, the SEM can issue a supplementary travel document, provided that this measure allows for the organization of the individual's repatriation to their country of origin, country of provenance, or to a third country.

The SEM shall suspend assistance for execution as long as: a. deportations, expulsions, or penal expulsions cannot be technically executed; b. the cantons do not provide the required administrative assistance; c. the authorities are unaware of the foreign national's whereabouts.

Deportations, expulsions, and penal expulsions are notably considered to be technically unexecutable when it is not possible to obtain travel documents or organize the departure, even though the person obliged to leave has cooperated in accordance with their obligations.

The SEM manages an airport service (swissREPAT). Its tasks include: a. verifying travel conditions and assessing risks; b. determining the level of enforcement according to Art. 28, para. 1, of the Ordinance of November 12, 2008 on the Use of Coercive Measures, after consulting the competent cantonal police authorities and considering the safety regulations of air transport companies; c. organizing and coordinating the social, medical, and police escort provided during flights; d. establishing flight routes and centrally booking tickets for scheduled flights; e. organizing special flights; f. advising the competent federal and cantonal authorities; g. disbursing departure and travel allowances as well as federal and cantonal contributions for return assistance at the airport.

The SEM may conclude agreements with the competent authorities of the cantons on whose territory an international airport is located or with third parties on the provision of services at airports. These agreements may specifically cover: a. the reception of persons at the airport; b. the verification of travel readiness, passenger check-in, and baggage handling; c. security checks; d. the transportation under police escort of persons to be boarded; e. the supervision of departure and the drafting of a report on its proceedings.

The services provided by the competent authorities at the airport or by third parties on behalf of the SEM are subject to an account submitted directly to the authorities or third parties concerned.

For the reception of persons at the airport and the transportation under police escort of persons to be boarded, the Confederation pays a flat-rate compensation per person of: a. 440 francs on scheduled flights; b. 2700 francs on special flights to third countries or countries of origin.

The SEM ensures medical accompaniment: a. on all special flights for all persons to be repatriated; the cantons, for their part, bear the costs incurred by persons under the field of foreigners; b. on scheduled flights, for the categories of persons mentioned in Art. 92, para. 2, LAsi, provided it is necessary.

Mandated third parties referred to in Art. 109i LEI are authorized to process the following personal data in the eReturn system: a. the identity of the person concerned (Art. 109g, para. 2, let. a, LEI); b. personal data used within the framework of identification or document acquisition processes; c. personal data used within the framework of organizing departure; d. personal data used within the framework of advice regarding return and the provision of return assistance; e. medical data (Art. 109g, para. 2, let. h, LEI).

The data catalog for the eReturn system, as well as the rights and access levels, are defined in Annex 1.

The SEM particularly establishes in a processing regulation the organizational and technical measures to be taken to prevent unauthorized data processing and to ensure automatic logging of data processing as well as data security.

Data from the eReturn system are archived for control and statistical purposes. They are offered to the Federal Archives when ten years have passed since the removal or expulsion. Data deemed without archival value is destroyed.

The cantons reimburse the SEM for the enforcement and departure costs it has paid on their behalf for foreign nationals who are subject to a deportation, expulsion, or criminal expulsion order. These costs are subject to a separate settlement.

The SEM provides contributions to the competent cantonal coordination services for handling readmission requests under bilateral readmission agreements for persons in irregular situations.

The federal contribution is a lump sum. The SEM determines, within the framework of a service mandate, the amount of the lump-sum compensation based on the administrative expenses incurred in processing readmission requests; it also establishes the payment modalities and the accounting procedure.

In the case of detention as per Art. 73, para. 1, let. a and b, of the Federal Act on Foreign Nationals and Integration (LEI) or detention ordered in accordance with Arts. 75 to 78 LEI, a flat rate of 200 francs per day is paid to the canton concerned starting from a duration of twelve hours of detention.

For detention facilities funded wholly or partially by the Confederation, this amount is proportionally reduced according to the share of depreciation. The Federal Department of Justice and Police (FDJP) shall regulate the procedural modalities in agreement with the Federal Department of Finance.

The State Secretariat for Migration (SEM) monitors the evolution of operating costs at the national level. For this purpose, the cantons provide the necessary data concerning the composition of operating costs.

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A number of illegal entries into Switzerland and person checks is considered exceptionally high (Art. 82, para. 3, let. b, Federal Act on Foreign Nationals and Integration (LEI)) when the following conditions are met: a. the individuals concerned can no longer be handed over to the authorities of a neighboring state on the day they are intercepted, and this is the case for an extended period; b. the accommodation of the individuals concerned cannot be provided in other cantonal housing, and it is therefore necessary to resort to a cantonal departure center located in a border area; c. a cantonal departure center located in a border area allows for simplified procedures for handing over to the neighboring state.

In the event of detention within the meaning of Art. 73, para. 1, let. c, LEI, the concerned canton may receive a contractual flat rate, the amount of which may not exceed 100 Swiss francs per day.

The competent cantonal authorities shall provide the SEM with the following data concerning detentions ordered pursuant to Articles 73 and 75 to 78 of the Foreign Nationals and Integration Act (FNIA) in the fields of asylum and immigration: a. the number of detentions ordered and the duration of each detention; b. the number of repatriations; c. the number of releases; d. the nationality of the detainees; e. the gender and age of the detainees; f. the nature of the detentions; g. the location of the detentions; h. the duration of the detentions.

For minors, they shall also indicate whether legal representation has been appointed and whether child protection measures have been taken.

In the case of international intervention in matters of return, the SEM is responsible for operational cooperation with the Agency. In this capacity, it consults and informs the Federal Office of Customs and Border Security (FOCBS) and assumes the following tasks in particular: a. it acts as the national coordination office for Switzerland’s participation in international interventions in matters of return; b. it is responsible for implementing decisions of the board of directors or the executive director of the Agency regarding return.

It may conclude minor grant agreements or other minor agreements with the Agency for the purpose of: a. the deployment of Swiss personnel, particularly specialists in return matters, forced return monitors, and police escort officers; b. the organization of international flights to countries of origin or provenance.

For the purpose of deploying Swiss personnel abroad, the SEM ensures, in coordination with the cantons and with organizations that mobilize forced return monitors, that the necessary personnel are made available.

The required personnel specifically consist of specialists in return matters from the SEM, police escort officers from the cantons, and forced return monitors abroad.

Except for the forced return monitors, the personnel referred to in para. 2 are made available for long or short-term assignments in accordance with the provisions of Articles 56 and 57 of Regulation (EU) 2019/1896.

The SEM may refuse a request from the Agency concerning the deployment of specialists in return matters, forced return monitors, and police escort officers in the cases referred to in Articles 51, para. 3, and 57, para. 9, of Regulation (EU) 2019/1896.

The SEM manages a pool of personnel comprised of specialists in return matters, who receive initial and ongoing training from the Agency for international interventions in matters of return based on Art. 62 of Regulation (EU) 2019/1896.

The terms of the deployment of return matters specialists are defined in individual agreements concluded between these specialists and the SEM.

The cantons, in agreement with the SEM, provide police escort officers for international return operations.

The terms for deploying police escort officers are defined within the framework of individual agreements between the officers and the cantons to which they belong.

Under Article 62 of Regulation (EU) 2019/1896, the Agency provides initial and ongoing training to persons deployed for their international return operations.

For each police escort officer made available by a canton for a short-term engagement, the Confederation grants the canton a flat-rate allowance of 600 francs per day for the entire duration of the engagement.

For each police escort officer made available by a canton for a long-term engagement, the Confederation grants the canton a flat-rate allowance of 600 francs per actual working day.

The flat-rate contributions referred to in paragraphs 3 and 4 cover all costs incurred by the cantons for international return operations that may be reimbursed under Article 71a, paragraph 1, LEI.

For both short-term and long-term engagements, the costs for the deployed personnel referred to in Articles 45 and 56, Paragraph 2, of Regulation (EU) 2019/1896 paid by the Agency are in addition to the flat-rate contributions mentioned in paragraphs 3 and 4.

The SEM commissions organizations to provide monitors of forced returns. These organizations assign individuals to oversee international return interventions.

The Agency defines the duties of these monitors and is responsible for their initial and ongoing training pursuant to Art. 62 of Regulation (EU) 2019/1896.

The SEM enters into agreements with organizations pursuant to Art. 71a bis, para. 2, LEI. These agreements define the additional terms regarding the deployment of the monitors of forced returns. Articles 15g to 15i apply by analogy.

The SEM (State Secretariat for Migration) coordinates the involvement of Swiss personnel during international return interventions. In this capacity, it informs the OFDF (Federal Office of Police) of the personnel made available, in accordance with Arts. 15c to 15e.

It transmits information regarding international return interventions to the Agency in accordance with Art. 7, para. 3, of the Ordinance of June 29, 2022, on International Cooperation in the Field of Border Security (OCISF).

To the extent required by the tasks at hand, foreign personnel have the same rights of access to the national information system for the implementation of returns as the rights of SEM staff engaged for the same tasks under Article 109h, letter a, of the Foreign Nationals and Integration Act (LEI). Access to the information system may only occur under the supervision of Swiss personnel. The SEM ensures that foreign personnel comply with Swiss regulations on data protection and IT security.

The provisions of section 3 of the OCISF apply by analogy to the Swiss personnel of the SEM abroad.

For the purpose of foreign personnel intervention in Switzerland, the SEM submits a request for the deployment of intervention teams to the Agency or accepts a corresponding request from the Agency. It participates in drafting the operational plan.

The SEM is responsible for the operational management of the foreign personnel. Such personnel may only perform activities pertaining to public authority under the supervision of Swiss personnel.

The SEM agrees on the means and modalities of foreign personnel intervention with the Agency and with other Schengen States.

The competencies of the foreign personnel may be revoked for justified reasons.

With regard to employment relations and disciplinary regulations, foreign personnel are subject to the provisions of their home state, and Agency personnel are subject to the Agency's provisions.

The SEM may notify the Agency of any violations of the operational plan committed by the foreign personnel concerning their engagement. This provision also applies in cases of violations of the operational plan concerning fundamental rights.

The Confederation is liable for damages caused in Switzerland by foreign personnel in accordance with the Liability Act of 14 March 1958. If the damage was caused by gross negligence or intentionally, the Confederation may demand reimbursement from the home state or the Agency for the amounts paid.

Foreign personnel who commit an offense during an intervention in Switzerland are subject to the penal code.

The control of removal, expulsion, or criminal expulsion by air covers the following phases: a. the escorting of the person concerned to the airport; b. the organization of the arrangements at the airport; c. the flight; d. the arrival at the destination airport and the handover of the persons concerned to the authorities of the destination state, respecting the sovereignty of the latter. When the person concerned cannot be handed over to the destination state, control also includes the return flight to Switzerland, the reception at the airport, and the handover to the competent cantonal authorities.

The SEM commissions third parties to carry out tasks in the context of the monitoring of removal, expulsion, or penal expulsion by air. The commissioned third parties must be independent of all services involved in procedures related to foreign nationals or asylum law, or in the execution of removal, expulsion, or penal expulsion.

The SEM concludes agreements with the commissioned third parties.

Mandated third parties: a. oversee certain or all stages of the removal, expulsion, or penal expulsion by air; b. prepare a report for the attention of the SEM for each removal, expulsion, or penal expulsion under escort; c. compile an annual activity and management report for the attention of the FDJP and the Conference of Cantonal Justice and Police Directors.

They may: a. participate in the preparation meetings for a removal or expulsion by air; b. address their complaints and observations to the responsible team leader during the removal or expulsion.

The SEM compensates third parties mandated for their tasks related to the control of removal, expulsion, or penal expulsion.

The compensation is on a flat-rate basis.

The Confederation subsidizes, within the limits of the available credits, the construction, enlargement, transformation, and outfitting of cantonal detention facilities when the following conditions are met: a. the detention facility is exclusively intended for the execution of pre-removal detention, detention pending removal or expulsion, detention for non-compliance, and administrative detention; b. the facility is made available to several cantons and the Confederation to ensure the execution of the removal, expulsion, or penal expulsion; this condition may be waived particularly when the geographical location of the facility makes access more difficult; c. the detention facility has sufficient rooms to allow for leisure activities, provide work opportunities, ensure medical supervision, and promote social contacts; d. particularly vulnerable persons, especially unaccompanied minors and families with children, are accommodated in separate rooms from other detainees; e. detainees have sufficient opportunities to move within the detention facility without compromising the execution of the removal, expulsion or penal expulsion, the proper functioning of the facility, and compliance with security requirements; f. the conditions set forth in Art. 3, para. 1, let. a to e, of the Federal Act of October 5, 1984, on the Confederation’s Assistance in the Execution of Sentences and Measures (LPPM) are met by analogy.

The federal subsidy amounts to, at most, 35% of the recognized construction and development costs if the detention facility being constructed, expanded, or transformed has at least 20 detention places.

It amounts to, at most, 60% of the recognized construction and development costs if the detention facility being constructed, expanded, or transformed has at least 50 detention places.

The Confederation covers up to 100% of the recognized construction and development costs if the detention facility being constructed, expanded, or transformed has at least 50 detention places and is primarily intended to ensure the execution of deportations in the asylum sector directly from the Confederation's centers.

The Confederation calculates its contributions to the recognized costs of construction, expansion, or alteration according to the flat rate per place method (Art. 4, para. 2, LPPM).

The FDJP establishes the calculation bases and a flat rate per administrative detention place.

The following provisions apply by analogy to construction subsidies: Art. 12, para. 2 (Calculation Method), 13 (Recognized Construction Expenses), 15 (Determination of Flat Rates and Supplements; Adaptation to Price Changes and Inflation), 19, paras. 2 to 4, (Per-Place Flat Rate), 20 (Supplements for Security) and 20b (Supplements for Exterior Arrangements and Mobile Equipment in Case of New Constructions and Conversions) of the Ordinance of 21 November 2007 on Federal Contributions in the Field of Penal Execution (OPPM).

Any change in the use of the supported establishment must be reported without delay to the Federal Office of Justice (FOJ).

Art. 12, para. 1 and 2, LPPM applies mutatis mutandis to the repayment of subsidies.

The FOJ may reduce the amount of repayment or waive repayment: a. when the change of use is of short duration; b. when the establishment is used to execute other types of detention or to perform enforcement tasks under federal law.

Before making its decision regarding subsidies, the FOJ consults with the SEM on the need for new detention facilities and the location of the planned construction.

Additionally, the procedure is governed, by analogy, by Arts. 25 to 33 of OPPM.

The physician appointed by the SEM to ensure medical supervision at the time of departure with a view to executing a deportation or expulsion is authorized to decide whether a person is medically fit to be transported in the context of the execution of a deportation or an expulsion.

The attending physician is authorized to transmit only the medical data: a. that is available to him at the time the request is received, and b. that is necessary to assess whether the concerned individual is fit to be transported in the context of the enforcement of removal or expulsion.

The services referred to in Art. 71b, para. 1, let. a to c, LEI shall request in writing that the attending physician provide the necessary medical data for the evaluation and indicate to him the physician responsible for deciding on the transportability according to Art. 15p.

The attending physician shall inform the individual concerned that he is legally obligated to transmit the required data.

He shall promptly transmit the necessary medical data for the assessment to the physician referred to in Art. 15p and simultaneously inform the services referred to in Art. 71b, para. 1, let. a and b, LEI of this transmission.

The physician referred to in Art. 15p shall promptly communicate to the authorities specified in Art. 71b, para. 1, let. a and b, of the LEI his or her decision regarding fitness for transportation and the necessary information for organizing the departure.

The physician referred to in Art. 15p may process medical data until the enforcement of the removal or expulsion of the person concerned.

The services referred to in Art. 71b, para. 1, let. a and b, LEI may process the information on departure arrangements referred to in Art. 15r until the enforcement of the removal or expulsion of the person concerned.

Medical data and information on departure arrangements are deleted no later than twelve months after the person concerned has left Switzerland or has been found to have gone into hiding.

The SEM decides on temporary admission; it executes its decision itself, provided that the Federal Act on Foreign Nationals and Integration (LEI) does not assign this jurisdiction to the cantons.

When the State Secretariat for Migration (SEM) has ruled on asylum and return matters, the competent cantonal authorities may only request temporary admission if the execution of the return is impossible.

A canton may request temporary admission only if it has promptly undertaken all necessary steps for the execution of the return. If the individual concerned hampers this execution through their conduct, they shall not be admitted temporarily.

The following are considered to determine if returning to a country of origin or provenance, or a specific region within that country, is reasonably enforceable: a. political stability, particularly the absence of war, civil war, or widespread violence; b. the availability of basic medical care; c. other country-specific characteristics.

The countries of origin or provenance, or regions within these countries, where a return is generally enforceable, are listed in Annex 2.

Foreign nationals who have been granted provisional admission must submit their travel documents to the State Secretariat for Migration (SEM), as well as any foreign identity documents they may possess.

If an individual admitted provisionally does not submit their travel documents, the SEM may confiscate them. Travel documents that have not been submitted are considered lost and are recorded in RIPOL.

The cantonal authorities issue the individual, in accordance with the decision made by the SEM, a foreigner’s booklet F, valid for a maximum of one year and which can be extended for the same duration. This document serves as an identity document for all federal and cantonal authorities. However, it merely confirms the legal status of the holder and does not entitle them to cross the border.

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The booklet F does not confer any right of residence, regardless of its validity duration.

Persons admitted provisionally must voluntarily present their booklet F to the competent cantonal authorities two weeks before its expiration for the purpose of extension.

The booklet F is confiscated when the foreign national leaves Swiss territory voluntarily or otherwise, or when their residence conditions are regulated by the immigration police.

For the distribution among cantons of persons admitted provisionally, the provisions of Articles 21 and 22 of the Ordinance 1 of August 11, 1999, on Asylum shall apply.

The competent authority of the canton of residence shall, at any time, report to the SEM any factors that may lead to the revocation of provisional admission.

The SEM may, at any time, decide to revoke provisional admission when the conditions for granting this measure, mentioned in Art. 83, para. 2 to 4, LEI, are no longer met. If the SEM does not make its decision following a request from the authority that requested provisional admission, it shall consult this authority beforehand.

The SEM shall set an appropriate deadline for departure, provided that the immediate execution of the removal or expulsion is not ordered.

A departure is notably considered final within the meaning of Art. 84, para. 4, LEI when the person provisionally admitted: a. submits an asylum application in another state; b. regularizes their stay in another state; c. ... d. returns to their state of origin or provenance without a return visa within the meaning of Art. 7 of the Ordinance of November 14, 2012, on the Issuance of Travel Documents for Foreign Nationals (ODV) nor a foreign national passport within the meaning of Art. 4, para. 2, let. b, ODV; e. remains abroad beyond the validity period of their return visa within the meaning of Art. 7 ODV or their foreign national passport within the meaning of Art. 4, para. 2, let. b, ODV; f. reports to the authorities and departs Switzerland.

The return decision sets forth: a. subject to Art. 2, para. 2 and 3, LEI, the obligation for the foreign national: 1. to leave Switzerland and the Schengen area, and 2. to continue their journey to the state of origin or to another state outside the Schengen area that will accept them; b. the date by which the individual must have left Switzerland and the Schengen area; c. the enforcement measures applicable if the foreign national does not comply.

The return decision must be reasoned and indicate the avenues of appeal.

A foreign national holding a valid residence permit issued by a State bound by one of the Schengen association agreements (Schengen State) who is invited without a formal decision to travel to this Schengen State must leave Switzerland within one day. A longer departure period may be granted when particular circumstances, such as health issues or family situations, justify it.

The Schengen association agreements are mentioned in Annex 3.

The SEM provides the necessary standard forms to the competent authorities.

The information sheet is to be provided with the standard form. It must be translated into at least the five most frequently used or understood languages by foreigners who have entered illegally.

It must include, in particular, information on the legal basis of the decision, on the possibility of filing an appeal, and on the consequences of failing to comply with the departure deadline.

The SEM provides the information sheets to the competent authorities.

When several members of a family are subject to the same decision of return, expulsion, or penal expulsion and do not comply with the allotted departure deadline, it is possible to execute this decision in a staggered manner over time.

A staggering, as referred to in para. 1, must be reasonably required from all concerned family members and assumes that the return, expulsion, or penal expulsion can be executed in the near future.

Paras. 1 and 2 apply by analogy to registered partners.

The execution of a criminal expulsion takes precedence over the execution of a deportation decision issued within the framework of an asylum procedure.

When a person subjected to a criminal expulsion returns to Switzerland and submits an asylum application or a subsequent application as defined in Art. 111c, para. 1, of the Asylum Act (LAsi), the State Secretariat for Migration (SEM) does not issue a deportation decision. The canton responsible for the execution of a criminal expulsion that is still in effect examines the grounds for any possible postponement. In the absence of such grounds, it carries out the criminal expulsion.

When a person subjected to a criminal expulsion and an entry ban under foreign nationals law pursuant to Art. 67, para. 1 and 2, of the Federal Act on Foreign Nationals and Integration (LEI) returns to Switzerland, the criminal expulsion is executed.

When a criminal procedure is initiated following the submission of an asylum application and this procedure results in a criminal expulsion order, the SEM shall reimburse the costs incurred by the departure from Switzerland, provided that the person concerned belongs to one of the categories of individuals mentioned in Art. 92, para. 2, of the Asylum Act (LAsi). The cantonal authority competent to execute the criminal expulsion is authorized to request this reimbursement. Articles 55 to 61 of Ordinance 2 of August 11, 1999, on Asylum Relating to Financing apply.

The departure costs will not be reimbursed if the asylum application of the person concerned has been dismissed without a formal decision after their return to Switzerland in accordance with Art. 111 c, para. 2, of the Asylum Act (LAsi).

The Ordinance of November 25, 1987, on the Provisional Admission of Foreign Nationals is repealed.

Pursuant to Art. 26 of the present ordinance, the SEM shall set the departure deadline for Yugoslav nationals last residing in Kosovo, whose collective provisional admission has already been lifted at the time of the entry into force of the present ordinance and who have not yet been given a departure deadline by the competent cantonal authorities.

Persons who have been granted provisional admission for three years or more at the time of the entry into force of this ordinance amendment may immediately submit an application to include their family members in the status of foreigners admitted on a provisional basis.

This ordinance shall enter into force on October 1, 1999.

1 The compensation for emergency assistance (Art. 15 b) and the compensation for the execution of removal (Art. 15 c) will be subject to a first adjustment in 2005. 2 For persons affected by a decision of non-entry under Arts. 32 to 34 LAsi, whose removal decision, made pursuant to Art. 44 LAsi, became final before the entry into force of this ordinance, the Confederation shall pay the cantons the lump-sum compensation referred to in Art. 15 c of this ordinance. This compensation is only granted if the removal was executed within nine months following the entry into force of this ordinance. No compensation is paid for the execution of the removal of persons for whom the Confederation has undertaken, within the framework of support for the execution of removal as per Art. 22 a of the Federal Act of March 26, 1931, on the Residence and Establishment of Foreigners, to reimburse the cantons for assistance costs according to Art. 88, para. 1, let. a, LAsi.

1 The SEM shall pay the cantons retroactively for 2005, the difference between the emergency assistance compensation as per Art. 15 b, para. 5, and the compensation as per Art. 15 b, para. 5, in its version of March 24, 2004. The payment will occur during the 2nd quarter of 2006. 2 The emergency assistance compensation as per Art. 15 b, para. 5, will be adjusted for inflation for the first time in 2007.