CH
Ordinance 2 of August 11, 1999, on Asylum Regarding Financing (OA 2) (OA2)
Table of Provisions (101)
Statutory Text (101 Articles)
This ordinance regulates the determination, granting, accounting, and reimbursement of assistance benefits provided by the Confederation, cantons, and third parties in the field of asylum.
The social assistance and emergency aid benefits eligible for compensation under Art. 88 of the Asylum Act (LAsi) are assistance benefits as defined in Art. 82 LAsi and Article 3 of the Federal Act of June 24, 1977, on Assistance Competency. Benefits that are eligible for compensation under Art. 15 of the Ordinance of August 15, 2018, on the Integration of Foreigners are not included in this definition.
Concerning refugees, stateless persons, and persons in need of protection holding a residence permit, the determination, granting, and limitation of social assistance benefits are governed by cantonal law. Equal treatment with persons residing in Switzerland must be ensured.
Concerning asylum seekers, persons in need of protection without a residence permit, and persons temporarily admitted, the determination, granting, and limitation of social assistance benefits are governed by cantonal law. Articles 82, para. 3 and 3 bis, and 83, para. 1, of the Asylum Act (LAsi) remain reserved.
Subject to the provisions of articles 82, para. 4, and 83a of the Asylum Act (LAsi), the determination and granting of emergency aid benefits are governed by cantonal law with respect to the following persons: a. persons subject to an enforceable decision of non-entry into the matter or whose negative asylum decision has become final and who have been given a depart deadline; b. persons involved in a procedure governed by articles 111b or 111c of the Asylum Act (LAsi); c. persons whose provisional admission has been revoked and has become final.
The cantons shall designate a coordination office to ensure liaison with the Confederation.
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The Confederation reimburses the cantons quarterly for the services in accordance with Arts. 88 and 91, para. 2 bis of the Asylum Act (LAsi), as well as Art. 87 of the Federal Act of December 16, 2005, on Foreign Nationals and Integration (LEI), based on the data entered in the database of the State Secretariat for Migration (SEM).
The quarterly payments are made within 60 days based on the date of entry in the SEM database.
The cantons regularly submit their correction requests to the SEM concerning data that is vital for the payments, without exceeding April 30 of the following year.
Corrections concerning payments made pursuant to para. 2 are implemented the following year. The differences between the date of the event and the date of entry are then rectified. Additional payments and reimbursements are considered in the quarterly payments.
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All payments are made exclusively into the current accounts of the cantons with the Federal Finance Administration. Reimbursement claims under subsidy law as well as reductions in reimbursement allowances according to Art. 89a, para. 2, LAsi are considered in the payments made pursuant to para. 2.
In order to manage and adjust the financial allowances paid by the Confederation, the cantons may be required to collect data for the Confederation.
The right of provisionally admitted persons to a reduction in premiums pursuant to Art. 65 of the Federal Law of March 18, 1994, on Health Insurance (LAMal) is reinstated seven years after their entry into Switzerland.
If the asylum seeker asserts a right to child allowances pursuant to Art. 84 of the Asylum Act, they must communicate this in accordance with cantonal regulations upon each new employment engagement.
To obtain the payment of child allowances, the entitled person is required to submit to family compensation funds, compensation offices, or employers exempted from joining a family compensation fund a copy of the asylum decision or the status as a person to be protected, which has entered into force within the time limit for claiming arrears as provided by cantonal legislation.
Child allowances that have been withheld are paid to the asylum seeker when they have, in particular, been: a. recognized as a refugee; b. provisionally admitted under Art. 83, paragraphs 3 or 4, of the Foreign Nationals and Integration Act (LEI) or have obtained a residence permit under Art. 14, paragraph 2, of the Asylum Act (LAsi); or c. recognized as a person in need of protection.
Allowances for children living abroad are considered to be personal means under the meaning of Art. 81 of the Asylum Act (LAsi).
The following are subject to the special tax on asset values: a. asylum seekers, from the filing of their asylum application; b. persons in need of protection without a residence permit, from the filing of their application for provisional protection; c. persons granted provisional admission, from the decision regarding the granting of provisional admission; d. persons subject to a removal decision, from the entry into force of this decision after the negative conclusion of the asylum procedure or the lifting of provisional admission; e. persons subject to a final penal expulsion decision, after the negative conclusion of the asylum procedure or the end of provisional admission.
The obligation to pay the special tax on asset values ends: a. when the amount of 15,000 francs is reached, but no later than ten years after the person concerned enters Switzerland; b. when the asylum seeker, the person granted provisional admission, the person in need of protection, or the person subject to a final removal decision receives a residence permit; or c. when the asylum seeker is granted asylum or the status of a refugee admitted provisionally.
With each new asylum procedure, the amount of the special tax on asset values is payable in full.
The Confederation administers the special tax on assets and makes decisions regarding the seized assets.
The SEM provides information to the person subject to the special tax or to the competent cantonal authorities, upon request, about the amount paid as the special tax. The request must be accompanied by a copy of the residence permit.
The SEM operates an information system that enables it to administer the special tax on assets in accordance with Arts. 86 and 87 Asylum Act (LAsi).
The information system on the special tax contains the following data: a. names, first names, gender, address, and correspondence language of asylum seekers, persons to be protected without a residence permit, persons provisionally admitted, persons subject to a removal order, and persons subject to an enforceable criminal deportation order; b. personal numbers, date of entry into Switzerland, date of asylum application, date of protection request, and date of provisional admission sourced from SYMIC; c. payments and total amount paid as part of the special tax.
The data from the information system on the special tax is accessible to SEM staff responsible for administering the special tax on assets.
Assets as defined under Arts. 86 and 87 Asylum Act (LAsi) include sums of money, valuables, and intangible goods such as bank assets. Any potential losses in market value and pricing are borne by the individual subject to the special tax.
The authority responsible for seizing assets must transfer them, in Swiss francs, to the State Secretariat for Migration (SEM).
Assets seized after the termination of the liability for the special tax on assets referred to in Art. 10, para. 2, and transferred to the SEM, as well as any erroneous payments, are reimbursed to the authority that transferred them. This authority is required to forward them to the rightful owner.
The amount referred to in Art. 86, para. 3, let. c, LAsi is set at 1,000 francs.
Asylum seekers, persons to be protected without a residence permit, persons admitted on a provisional basis, persons subject to a return decision, and persons subject to a legally enforceable penal expulsion decision who leave Switzerland autonomously within seven months following the submission of their asylum or temporary protection request may request the SEM to restitute the assets that were confiscated from them before their departure.
Para. 1 also applies to persons admitted on a provisional basis who leave Switzerland autonomously within seven months following the submission of their asylum request or the issuance of provisional admission.
As a general rule, the seized assets or their updated value are returned in cash at the time of departure, at the airport. Upon request, the amount to be restituted can be transferred abroad after departure.
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Repealed
The Confederation provides the cantons with lump-sum allocations for individuals during the period of the asylum procedure, provisional admission, or temporary protection. Excluded from these allocations are individuals during the duration of a procedure under Art. 111 c of the Asylum Act (LAsi). The Confederation pays this lump sum starting from the beginning of the month following the assignment of the individual to a canton or the decision regarding the granting of provisional admission or temporary protection, until the end of the month when: a. the decision of non-consideration or the negative asylum decision accompanied by an expulsion order becomes effective; b. the asylum application is dismissed; c. the individual permanently leaves Switzerland or departs without notifying the competent authorities; d. the provisional admission ends or the decision to revoke this measure becomes effective, but for no more than seven years from the entry of the individual into Switzerland after which provisional admission was ordered for the first time; e. the temporary protection ends or the decision to revoke this measure becomes effective, but at the latest until the moment when a residence permit must be issued pursuant to Art. 74, para. 2, LAsi; f. a residence or settlement permit is granted under foreign nationals law or a right to obtain such a permit arises for the individual according to Art. 42 or 43, para. 1, 5 and 6, of the Foreign Nationals and Integration Act (LEI) or Art. 3 of Annex I of the Agreement between the Swiss Confederation on the one hand, and the European Community and its Member States on the other hand, on the free movement of persons (AFMP), or Art. 3 of Appendix 1 of Annex K of the Convention establishing the European Free Trade Association (EFTA); in the presence of a right to obtain a permit, the lump sum is not paid during the duration of the permit granting procedure; if the residence or settlement permit is refused under a final cantonal decision, the Confederation retroactively pays the canton the lump sum upon request, up to the point where the reason for the refusal is no longer applicable.
The global fixed amount mentioned in Art. 22 is intended to cover all expenditures recorded by the cantons in the field of social assistance, provided that these expenditures are eligible for reimbursement and that cost-effective solutions have been found.
The Confederation pays the cantons a global allowance for each beneficiary of social assistance. This allowance amounts, on a Swiss average, to 1573.39 francs per month for asylum seekers and 1424.28 francs per month for persons provisionally admitted and persons to be protected without a residence permit. It is based on the Swiss consumer price index, set at 100.9 points (status as of October 31, 2017), and on the proportion of unaccompanied minors within the overall population of asylum seekers, provisionally admitted persons, and persons to be protected without a residence permit (status as of October 31, 2017).
The global allowance is composed of three parts: the first concerns housing costs, the second covers expenses related to social assistance and supervision, and the third comprises health insurance premiums, co-payments, and deductibles.
The portion allocated for housing costs varies according to the canton and ranges between 80 and 120%
Cantons % Cantons %
Argovia 101.4 Nidwalden 105.4
Appenzell Ausserrhoden 85.0 Obwalden 95.2
Appenzell Innerrhoden 90.2 Schaffhausen 84.6
Basel-Landschaft 103.6 Schwyz 118.3
Basel-Stadt 96.3 Solothurn 86.7
Bern 89.4 St. Gallen 90.4
Fribourg 90.0 Ticino 87.0
Geneva 106.0 Thurgau 90.8
Glarus 82.0 Uri 87.4
Grisons 92.5 Vaud 99.8
Jura 80.0 Valais 81.8
Lucerne 100.2 Zug 120.0
Neuchatel 80.0 Zurich 117.5
In case of substantial changes in the real estate market, the SEM may adjust these cantonal percentages based on the rent survey (average rent according to the number of rooms, in francs, per canton) published by the Federal Statistical Office (FSO).
The part dedicated to health insurance premiums, co-payments, and deductibles is modified according to the cantons based on the average premiums published by the Federal Office of Public Health, the total amount of the ordinary deductible and co-payment according to Art. 64 of the Health Insurance Act (LAMal), as well as the number of children, young adults, and adults. The modification takes place at the end of each year for the following calendar year.
The following parts are calculated based on the Swiss consumer price index, set at 100.9 points (status as of October 31, 2017). At the end of each year, the SEM adjusts them according to the index's evolution for the following calendar year. The amounts of the parts are as follows
Asylum Seekers Persons Provisionally Admitted and Persons to be Protected without a Residence Permit
Housing costs 216.66 CHF 184.03 CHF
Other expenses related to social assistance 617.34 CHF 526.78 CHF
Supervision costs 273.90 CHF 246.98 CHF
Additional costs of accommodation and supervision of unaccompanied minors 56.09 CHF 56.09 CHF.
The part allocated for additional costs of accommodation and supervision of unaccompanied minors is based on the overall population of asylum seekers, persons provisionally admitted, and persons to be protected without a residence permit, totaling 44,383 persons, and on the proportion of unaccompanied minors in this population, amounting to 2283 persons, representing 5.1% (status as of October 31, 2017). At the end of each year, the SEM adjusts this part according to the evolution of the population, as per the following formula, for the following calendar year
56.09 francs × Proportion of unaccompanied minors in the overall population 5.1%.
The total amount (B AS) in Swiss francs that the Confederation pays, per canton and per month, for granting social assistance to asylum seekers is based on the data recorded in the SEM database. It is calculated according to the following formula: BAS = number of social assistance beneficiaries on the first day of the month × flat rate adapted to the canton + basic contribution to management costs.
The number of social assistance beneficiaries (SP AS) is calculated using the following formula: SPAS = P AS – ET AS where: PAS = number of asylum seekers indicated as present on the first day of the month; ETAS = number of asylum seekers (ages 18 to 60) engaged in gainful employment on the first day of the month.
The Confederation allocates each canton a basic flat-rate contribution of 27,433 francs per month for maintaining a minimal infrastructure management. This contribution is calculated based on the Swiss Consumer Price Index, set at 100.3 points (as of 31 Oct. 2016). At the end of each year, the SEM adjusts this flat rate according to the index's evolution for the next calendar year.
The total amount (B VA) in Swiss francs that the Confederation pays, per canton and per month, for granting social assistance to persons provisionally admitted and persons to be protected without a residence permit is based on the data recorded in the SEM database. It is calculated according to the following formula: BVA = number of social assistance beneficiaries on the first day of the month × flat rate adapted to the canton.
The number of social assistance beneficiaries (SP VA) is calculated using the following formula: SPVA = P VA – BET VA where: PVA = number of persons provisionally admitted and persons to be protected without a residence permit indicated as present on the first day of the month. BETVA = consolidated number of persons provisionally admitted and persons to be protected (ages 25 to 60) without a residence permit engaged in gainful employment. The consolidated number is obtained using the following formula: BETVA = EA VA × (EQ CH + ALQ CH – ALQ KT) × (1 – NLQ KT) where: EAVA = number of persons provisionally admitted and persons to be protected without a residence permit of working age on the first day of the month (ages 25 to 60). EQCH = average Swiss activity rate of provisionally admitted persons and persons to be protected (ages 25 to 60) without a residence permit engaged in gainful employment on the first day of the month. ALQCH = unemployment rate recorded the previous month for the foreign population established in Switzerland according to data provided by the State Secretariat for Economic Affairs (SECO). ALQKT = cantonal unemployment rate recorded the previous month for the foreign population established in the canton according to data provided by SECO. NLQKT = cantonal rate of persons provisionally admitted and persons to be protected without a residence permit engaged in low-wage employment (gross monthly salary ≤ 600 francs) during the penultimate year, according to data provided by the Central Compensation Office pursuant to Art. 93 bis of the Federal Act of 20 December 1946 on Old-age and Survivors' Insurance (LAVS) which were evaluated by the SEM.
The Confederation pays the cantons global subsidies for refugees and stateless persons. It provides these subsidies starting from the beginning of the month following the decision granting asylum, provisional admission as a refugee, or recognition of statelessness until the end of the month in which: a. the refugee obtains a settlement permit, or a right to obtain such a permit arises for the person concerned pursuant to Art. 42, paras 3 and 4, or 43, paras 5 and 6, of the Foreign Nationals and Integration Act (FNIA), but no longer than five years from the submission of the asylum application that led to the granting of asylum; b. the provisionally admitted refugee obtains a residence or settlement permit under foreign nationals law or a right to obtain such a permit arises for the person concerned pursuant to Art. 42 or 43, paras 1, 5, and 6, FNIA, or Art. 3 of Annex I of the Agreement on the Free Movement of Persons (AFMP), or Art. 3 of Appendix 1 of Annex K of the Convention establishing the European Free Trade Association (EFTA), but no longer than seven years from the person's entry into Switzerland following which provisional admission was first ordered; bbis. the refugee subject to an enforceable penal expulsion decision under Art. 66a or 66abis of the Criminal Code (CC) or 49a or 49abis of the Military Penal Code of 13 June 1927 (MPC), or an enforceable expulsion decision under Art. 68 FNIA, has definitively left Switzerland or left without notifying the competent authorities, but no longer than five years from the submission of their asylum application; c. the stateless person obtains a settlement permit, or such a right arises for the person concerned pursuant to Art. 42, paras 3 and 4, or 43, paras 5 and 6, FNIA, but no longer than five years from the recognition of statelessness; d. the provisionally admitted stateless person obtains a residence or settlement permit under foreign nationals law or a right to obtain such a permit arises for the person concerned pursuant to Art. 42 or 43, paras 1, 5, and 6, FNIA, or Art. 3 of Appendix 1 of Annex K of the EFTA Convention, but no longer than seven years from the person's entry into Switzerland following which provisional admission was first ordered; dbis. the stateless person subject to an enforceable penal expulsion decision under Art. 66a or 66abis CC or 49a or 49abis MPC, or an enforceable expulsion decision under Art. 68 FNIA, has definitively left Switzerland or left without notifying the competent authorities, but no longer than five years from the recognition of statelessness; e. asylum is revoked, and refugee status is withdrawn; f. the refugee or stateless person has definitively left Switzerland or left without notifying the competent authorities.
When the person concerned is entitled to a residence or settlement permit, the global subsidy is not reimbursed during the duration of the procedure for granting the permit. If the residence or settlement permit is refused within the framework of an enforceable cantonal decision, the Confederation retroactively reimburses the canton, upon request, the global subsidy until the reason for refusal becomes obsolete.
The Confederation pays the cantons, in accordance with Art. 26, half of the global subsidy in favor of persons to be protected holding a residence permit from the day they are entitled to such a permit pursuant to Art. 74, para. 2, of the Asylum Act (AsylumA) to the day they first obtain a settlement permit or are entitled to such a permit, but no later than the moment when such a permit could be issued pursuant to Art. 74, para. 3, AsylumA.
The Confederation pays the cantons lump-sum allowances for all refugees belonging to a group of refugees as defined in Art. 56 of the Asylum Act (LAsi) for a period of seven years starting from the beginning of the month following their entry into Switzerland.
The payment of the lump-sum allowances referred to in para. 1 for a period exceeding five years includes contributions granted for expenses incurred in favor of unaccompanied minors and persons who, five years after their entry into Switzerland, are not yet economically self-sufficient due to a severe physical or mental disability or advanced age.
The lump sum mentioned in Art. 26 allows for the coverage of all recorded expenses by the cantons in the field of social assistance when such expenses are eligible for reimbursement and advantageous solutions have been found.
The Confederation grants the cantons a global allowance for each beneficiary of social assistance and for each refugee belonging to a group of refugees as defined in Art. 56 of the Asylum Act (LAsi). This allowance amounts to an average of 1,411.06 Swiss francs per month and is based on the Swiss Consumer Price Index, set at 100.9 points (status as of October 31, 2017), and on the proportion of unaccompanied minors within the overall population of refugees, stateless persons, and individuals to be protected holding a residence permit (status as of October 31, 2017).
The global allowance is composed of three parts: the first concerns rent expenses, the second covers expenses related to social assistance, supervision, and administrative tasks, and the third concerns contributions and deductibles.
The part allocated for rent expenses varies by canton and ranges from 80 to 120%
Canton % Canton %
Aargau 101.4 Nidwalden 105.4
Appenzell Ausserrhoden 85.0 Obwalden 95.2
Appenzell Innerrhoden 90.2 Schaffhausen 84.6
Basel-Landschaft 103.6 Schwyz 118.3
Basel-Stadt 96.3 Solothurn 86.7
Bern 89.4 St. Gallen 90.4
Fribourg 90.0 Ticino 87.0
Geneva 106.0 Thurgau 90.8
Glarus 82.0 Uri 87.4
Graubünden 92.5 Vaud 99.8
Jura 80.0 Valais 81.8
Lucerne 100.2 Zug 120.0
Neuchâtel 80.0 Zurich 117.5
In case of substantial changes in the real estate market, the State Secretariat for Migration (SEM) may adjust these cantonal percentages based on the rent survey (average rent by number of rooms, per canton) published by the Federal Statistical Office (FSO).
The total amount of the standard deductible and the contribution is determined according to Art. 64 of the Health Insurance Act (LAMal) as well as based on the number of children and adults. The adjustment occurs at the end of each year for the next calendar year.
The part allocated for rent expenses amounts to 298.40 francs; the part dedicated to other social assistance expenses is 786.69 francs; the part for supervision and administration is 256.70 francs, and the part for additional accommodation and supervision expenses for unaccompanied minors is 5.60 francs. These parts are calculated based on the Swiss Consumer Price Index, set at 100.9 points (status as of October 31, 2017). At the end of each year, SEM adjusts them according to the index development for the next calendar year.
The part allocated for additional accommodation and supervision expenses for unaccompanied minors is based on the overall population of refugees, stateless persons, and individuals to be protected holding a residence permit, totaling 27,891 persons, and on the proportion of unaccompanied minors within this population, which is 138 persons, representing 0.5% (status as of October 31, 2017). At the end of each year, SEM adjusts this part to the development of the populations using the following formula for the next calendar year: 5.60 francs × Proportion of unaccompanied minors in the overall population / 0.5%.
The total amount (B F) in Swiss francs that the Confederation disburses, per canton and per month, is based on the data recorded in the SEM database. It is calculated according to the following formula: BF = number of social assistance beneficiaries on the first day of the month × adjusted overall flat rate for the canton.
The number of social assistance beneficiaries (SP F) is calculated using the following formula: SPF = P F – BET F where: PF = number of refugees, stateless persons, and persons to be protected holding a residence permit listed as present on the first day of the month. BETF = consolidated number of refugees, stateless persons, and persons to be protected (aged 25 to 60) holding a residence permit and engaged in gainful employment. The consolidated number is obtained by the following formula: BETF = EA F × (EQ CH + ALQ CH – ALQ KT) × (1 – NLQ KT) where: EAF = number of refugees, stateless persons, and persons to be protected holding a residence permit and of working age on the first day of the month (aged 25 to 60). EQCH = average Swiss employment rate of refugees, stateless persons, and protected persons (aged 25 to 60) holding a residence permit and engaged in gainful employment on the first day of the month. ALQCH = unemployment rate recorded the previous month for the foreign population established in Switzerland according to data provided by SECO. ALQKT = cantonal unemployment rate recorded the previous month for the foreign population established in the canton according to data provided by SECO. NLQKT = cantonal rate of refugees, stateless persons, and persons to be protected holding a residence permit engaged in low-wage employment (gross monthly salary ≤ 600 francs) during the penultimate year, according to the data communicated by the Compensation Office pursuant to Art. 93 bis LAVS which have been evaluated by the SEM.
The total amount (B) in Swiss francs that the Confederation pays, per canton and per month, is based on the data recorded in the database of the State Secretariat for Migration (SEM). It is calculated according to the following formula: B = number of refugees belonging to a refugee group and present on the first day of the month × global lump sum according to Art. 26 as adjusted to the canton.
The Confederation grants the cantons a one-time lump sum for each person: a. who has been subject to a Dublin procedure; b. who has been subject to an accelerated procedure; c. who has been subject to an extended procedure, or d. whose provisional admission has been revoked.
The lump sum mentioned in para. 1 is granted for the person concerned when: a. their asylum application has resulted in non-admittance according to Art. 31 a, paras. 1 and 3, Asylum Act, when the non-admittance and corresponding removal order have become final, and a departure deadline has been set; b. their asylum application has been rejected, when the corresponding asylum and removal decision has become final, and a departure deadline has been set, or c. their provisional admission has been revoked, when the corresponding decision has become final, and a departure deadline has been set.
The emergency assistance package for persons whose Dublin procedure is closed amounts to 400 francs (index as of October 31, 2018). It is based on a benefit recipient rate of 10%, a benefit receipt duration of 80 days, and daily costs of 50 francs.
The emergency assistance package for persons whose accelerated procedure is closed amounts to 2013 francs (index as of October 31, 2018). It is based on a benefit recipient rate of 33%, a benefit receipt duration of 122 days, and daily costs of 50 francs.
The emergency assistance package for persons whose extended procedure is closed or whose temporary admission has been revoked amounts to 6006 francs (index as of October 31, 2018). It is based on a benefit recipient rate of 66%, a benefit receipt duration of 182 days, and daily costs of 50 francs.
At the end of each year, the SEM adjusts these packages to the Swiss consumer price index for the following calendar year.
In collaboration with the CCDJP and the CDAS, the SEM examines the development of expenditures related to emergency assistance based on criteria mutually agreed upon.
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The SEM operates an information system for monitoring the withdrawal of social assistance, which contains the following data: a. the surname, first name, date of birth, marital status, and nationality of the emergency assistance beneficiaries; b. their personal SYMIC number; c. data related to the type of costs and their amounts.
The cantons provide the SEM with the necessary data according to paragraph 3 to perform the monitoring.
Access to the data in the monitoring system regarding the withdrawal of social assistance is granted to SEM and cantonal employees responsible for performing the monitoring.
The SEM adjusts the packages listed in Art. 29 based on the annual results of the monitoring concerning the termination of social assistance conducted in accordance with Art. 30 if the arithmetic product of the average rate of benefit recipients by the average duration of benefit receipt during the last six years shows a difference of at least 10% compared to the current packages, and the conditions mentioned in paragraphs 2 and 3 are met.
The package is increased if the net financial reserves of the cantons (difference between surpluses and deficits) are less than the average of the total annual amounts paid to the cantons as packages over the last four years.
The package is reduced if the net financial reserves of the cantons (difference between surpluses and deficits) are at least equivalent to the average of the total annual amounts paid to the cantons as packages over the last four years.
The products mentioned in para. 1 and the net reserves referred to in paras. 2 and 3 are established as follows: the determining average is defined by excluding the lower and upper outliers from the calculation. Thus, the values from cantons that have the competence to execute, in total, at least 10% of the decisions that have come into force in accordance with Art. 28 are excluded from the calculation.
The modified amount of the emergency aid packages is calculated as follows: the new product obtained is multiplied by the daily costs of 50 indexed francs.
The modification of the packages takes place at the beginning of the following calendar year.
When the net reserves are declining and represent 25% or less of the total amounts under para. 2, the Federal Department of Justice and Police (FDJP) submits to the Federal Council a proposal to reassess the amount of the packages and their base values specified in Art. 29.
Administrative costs refer to the expenses incurred by the cantons due to the application of the Asylum Act (LAsi) and for which no specific provision is made for reimbursement.
The Confederation contributes to these costs with an annual lump-sum payment, calculated according to the formula P × G × Y: 100, where: P = single lump-sum contribution per person G = number of asylum applications and requests for temporary protection according to the SEM database Y = apportionment key proportional to the population in accordance with Art. 21, Annex 3 of Ordinance 1 of August 11, 1999, on Asylum Related to Procedure
The lump-sum contribution referred to in para. 2 (variable P) amounts to 550 francs, according to the Swiss consumer price index as of October 31, 2018. The SEM adjusts it to this index at the end of each year for the following calendar year.
For the identification of an asylum seeker or a person in need of protection, the cantons receive a flat-rate compensation of 35 francs for the collection of fingerprints and 15 francs for photographs. These flat rates are adjusted according to the salary index (nominal earnings of employees based on 1939 = 100 in %). Reimbursement is made after billing by the cantons.
The Confederation may finance all or part of the housing costs it is obligated to cover when the cantons, due to the obligations assigned to them under asylum and foreign nationals' law, accommodate at least 10 individuals living in a community.
If the financing of housing is carried out under the provisions of this chapter, the federal subsidies received in accordance with Art. 40 must be reimbursed.
The reimbursable housing costs by the Confederation are as follows: a. acquisition and construction costs; b. purchase price and ancillary costs during the acquisition of land.
The following are considered acquisition and construction costs: a. the acquisition of real estate, excluding land costs; b. the development of building plots; c. the project setup, preparation for its execution, as well as the costs incurred by the building permit procedure and commissioning charges, provided that these, according to the applicable fee regulations, cannot be waived under a preferential treatment; d. the construction, expansion, or transformation of buildings, excluding rehabilitation costs; e. operational and installation equipment, provided they do not overlap with initial equipment, supervision, or administration and are not subject to compensation under Art. 24; f. exterior development; g. capital interest, provided they cannot be offset by partial payments as per Art. 39, para. 2.
The following are not considered acquisition and construction costs: a. administrative expenses of the cantonal authorities; b. project execution for housing for which the SEM has not provided a financing guarantee, or whose implementation, despite the guarantee, has not been completed within the expiration period set by the SEM.
If it is not possible to obtain a lease or farm lease or a right of superficies, the SEM may reimburse the acquisition cost and incidental expenses in the purchase of land. Art. 40 remains reserved.
Funding applications for housing must be submitted to the cantonal coordination office.
The cantonal coordination office examines whether the application includes all the necessary documents, assesses the feasibility of the project from legal and political perspectives, and decides, based on a cantonal approach to accommodation, whether to forward the application to the SEM.
Costs incurred before obtaining the SEM's guarantee are only partially or fully reimbursed if particular circumstances can be invoked.
Any substantial modifications made to a project must be reported promptly to the SEM and accompanied by an explanation of the reasons.
The SEM processes each application based on its degree of urgency and applies the principles of necessity, appropriateness, and cost-effectiveness of the project during the evaluation. In its decision to grant, the SEM specifies the legal basis, as well as the type of compensation and the amount to be reimbursed. Pursuant to Art. 40, it sets the period of the guarantee, the duration of the use of the housing, and the reimbursement modalities.
The recipient of the compensation is required to notify the SEM without delay, providing written reasons, for any potential decommissioning or disposal of the financed housing in accordance with Art. 33. In such a case, the reimbursements that are still due pursuant to Art. 40 become immediately payable.
In accordance with the SEM instructions and once the project is executed, the canton reviews the construction statement and transmits it along with all invoices and payment receipts. Upon request, the SEM grants, taking into account the progress of the work and the available payment credits, partial payments corresponding to a maximum of 80% of the guaranteed reimbursement. After verifying the final statement and based on the receipts, it determines the definitive reimbursement amount and orders its payment to the canton.
The federal subsidies guaranteed for housing financing bear interest and are reimbursed during the period of allocation in equal installments. The interest rate for the following year is set based on the yield rate of the Swiss Bond Index relating to federal loans published on December 1 of the current year.
The staggered reimbursements will be taken into account for each canton in the payments made according to Title 3.
The SEM may agree with the cantons on other repayment modalities. It sets the minimum requirements.
The lump-sum contribution paid by the Confederation for security costs is based on the size of the Confederation's accommodation facilities. The annual reference amount is 107,981.65 francs for 100 accommodation places in a Confederation center or for 25 accommodation places in a specific Confederation center as referred to in Art. 24a of the Asylum Act (LAsi).
The lump-sum contribution per canton is paid at the end of the year and is calculated according to the following formula: [tab] PB = (PE × DE × FE + PB × DB × FB) × JA/JT where: PB = lump-sum contribution per canton PE = number of accommodation places per Confederation center in the canton PB = number of accommodation places per specific Confederation center in the canton DE = operation duration per Confederation center in days DB = operation duration per specific Confederation center in days FE = 0.01 (Confederation center factor) FB = 0.04 (specific center factor) JA = annual reference amount mentioned in para. 1 JT = number of calendar days in the year.
The reference amount mentioned in para. 1 is based on the Swiss consumer price index of 100.3 points (as of October 31, 2016). At the end of each year, the State Secretariat for Migration (SEM) adjusts this amount according to changes in the index for the following calendar year.
The lump-sum contribution paid according to para. 2 compensates the cantons where centers are located for all their recoverable security costs according to Art. 91, para. 2ter, of the LAsi.
During the temporary closure of a Confederation center or a specific Confederation center, the lump-sum contribution provided in paras. 1 and 2 is paid in full for the first semester and at half for the second semester.
For properties used only temporarily as a Confederation center or a specific Confederation center due to lack of accommodation facilities, the lump-sum contribution provided in paras. 1 and 2 is paid only during the operating period.
The SEM may provide an annual subsidy for expenses related to facilities for the treatment of persons who are victims of trauma. The Confederation's contribution aims, in particular, to promote education, research, and quality assurance in the specialized care of persons who are victims of trauma.
The FDJP enters into a written contract, within the framework of the following provisions, with the cantons in which employees prepare, under the direction of the SEM, decisions pursuant to Arts. 31a to 40 of the Asylum Act (LAsi).
Cantonal employees must dedicate at least 50% of a full-time position to the preparation of decisions.
Cantonal employees are subject to the same performance requirements as federal personnel.
The State Secretariat for Migration (SEM) is authorized to issue directives to cantonal employees regarding training and development, as well as the preparation of asylum decisions.
The Federal Department of Justice and Police (FDJP) determines the computer systems to be used.
The SEM provides cantons with the necessary information for the preparation of asylum decisions and regulates their use.
As part of the preparation of decisions on asylum, the Confederation reimburses the cantons for: a. the expenses incurred by employees subject to the cantonal remuneration system proportionally to the share of work they dedicate to the preparation of decisions on asylum; it does not cover any repayments of insurance years within the framework of occupational benefits; b. a special allowance for administrative expenses amounting to 40% of the costs reimbursed according to letter a, as compensation for the additional infrastructure costs concerning personnel, premises, and operations.
Furthermore, the Confederation assumes: a. the costs of acquisition, installation, operation, and maintenance of computer and data transmission systems as long as they are necessary for the preparation of decisions on asylum; b. the costs of training and further education provided for in Art. 47, para. 3.
For the conclusion of a contract, the cantons shall transmit the following documents to the SEM: a. the project proposal; b. information concerning the number of employees designated to prepare asylum decisions, their employment rate, and the percentage of their working time they should dedicate to this preparation; c. details on the anticipated salary expenses for each position.
The SEM prepares a draft contract which it submits to the canton for feedback.
Once the contract is approved by the FDJP and the canton, the SEM issues a decision regarding the assurance of reimbursable expenses.
The contract may be revoked by either party, in writing, with a notice period of six months, on June 30 and December 31.
In accordance with the directives of the SEM, the canton submits a semi-annual accounting statement to the Confederation.
The SEM makes quarterly partial payments, amounting to 80% of the projected expenses.
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The SEM may grant subsidies for: a. projects of international organizations aimed at identifying and regulating migratory movements and the displacement of refugees across borders, as well as encouraging the reception of refugees; b. international organizations working to ensure international coordination and harmonization in asylum and refugee policy; c. projects or programs of international organizations, particularly in the areas of asylum procedures, information, return, guidance, training and employment, as well as the accommodation of asylum seekers or refugees, which aim to strengthen migration management structures; d. projects or programs of international scope carried out by entities such as non-governmental organizations or foundations, particularly in the areas of asylum procedures, information, return, guidance, training and employment, as well as the accommodation of asylum seekers or refugees, which aim to strengthen migration management structures; e. projects conducted by scientific institutions, particularly in the areas of early detection and regulation of uncontrolled cross-border flight or migration movements, establishing standards for the treatment of asylum seekers and refugees, as well as in assessing the political situation, which aim, in particular, to prepare decision-making bases for the design of law and practice in asylum and migration matters.
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For projects or programs of international scope, the SEM examines whether sufficient funding is guaranteed by third parties.
It may provide partial or full funding for the projects referred to in Art. 51, para. 2, let. e.
The SEM examines the application regarding its necessity, appropriateness, and usefulness. With respect to subsidies granted for projects or programs with international reach, it ensures professional project management.
The FDJP may conclude international agreements on projects or programs to implement the funds granted in accordance with Art. 114 of the Asylum Act (LAsi).
The SEM may conclude private law agreements, public law agreements, or minor international agreements on projects or programs to implement the funds granted in accordance with Art. 114 of the Asylum Act (LAsi).
The SEM is responsible for the preparation, development of proposals, execution, reporting, control of resource utilization, and evaluation of projects or programs.
The Migration Steering Committee coordinates the use of resources and the strategic direction of the granted credit. The SEM chairs the committee. The Directorate of Development and Cooperation (DDC), the SECO, and the Directorate of European Affairs are also represented as members. Internal administration experts may be called upon to assist.
The Federal Council decides on measures whose cost exceeds 20 million francs.
The FDJP decides on measures whose cost is greater than 5 million francs but does not exceed 20 million francs. For measures with a cost exceeding 10 million francs, decisions are made in agreement with the Federal Department of Finance.
The SEM decides on measures whose cost does not exceed 5 million francs.
When the execution costs of the decided measures exceed the approved amount, financial competence is regulated as follows: a. in case of an overrun of at most one quarter of the approved amount, the additional expenses can be approved by the competent authority in accordance with Art. 52c based on the additional amount; b. in case of an overrun of more than one quarter of the approved amount, the additional expenses can be approved by the competent authority in accordance with Art. 52c based on the new total amount.
The SEM may modify a measure if it does not result in an exceeding of the anticipated costs.
Measures, cost overruns, and modifications are subject to duly justified written decisions.
The FDJP monitors the use of financial resources.
In cases of necessity, it establishes, in collaboration with the Federal Audit Office, special provisions aimed at justifying the use of financial resources.
The Confederation may cover the necessary expenses for direct entry into Switzerland, particularly for the following persons: a. groups of refugees to whom asylum is granted by decision of the Federal Council or the FDJP pursuant to Art. 56 AsylA; b. persons admitted at the request of the UNHCR; c. persons in need of protection located abroad, in accordance with Art. 68 AsylA; d. persons granted entry into Switzerland as part of family reunification with recognized refugees according to Art. 51, para. 4, AsylA or Art. 85c, para. 1, FNIA; e. persons granted entry into Switzerland due to a serious and concrete threat to their life or physical integrity.
In the event of the assignment of suitable accommodation at the airport or, exceptionally, in another location, the SEM reimburses for up to 60 days the costs: a. of accommodation and supervision; b. of meals, and c. of basic or emergency medical and dental assistance.
The SEM shall reimburse the cantons, within the framework of this ordinance, for the expenses incurred by the departure from Switzerland of the groups of people mentioned in Art. 92, para. 2, Asylum Act (LAsi).
Only the competent cantonal authorities in matters of migration or social assistance are authorized to request reimbursement under this ordinance.
The canton assesses whether the foreign national is indigent at the time of organizing the departure. It must take into account, in particular, professional income, available assets (bank accounts, pension funds, rent guarantee, unemployment benefits, etc.). However, this assessment will be brief if there is no tangible source of information.
The foreign national must cover their own departure expenses with the resources available to them. In each case, they will be left with an amount corresponding to the travel allowance provided for in Art. 59 a, para. 1.
Only the costs incurred by the operations or services provided for in Articles 57 to 60 of this ordinance are reimbursed by the Confederation. If no lump sum is provided, only the actual expenses are reimbursed.
Any coverage that falls outside the limits defined in Articles 57 to 60 of this ordinance is excluded. A derogation from this rule in exceptional circumstances requires the prior agreement of the SEM.
In all cases, the most financially advantageous option should be chosen, provided it is suitable to the circumstances, particularly regarding health status and the applicable regulations for transit through third countries and admission into the destination country.
The Confederation shall cover: a. the costs incurred for the issuance by foreign consular authorities of the necessary travel documents, as well as the costs of issuing other documents necessary for obtaining the travel documents; only the type of document that is available most quickly shall be reimbursed; b. the travel expenses of the foreign national for traveling from their place of residence to the nearest consular representation of the concerned State located within Swiss territory (public transportation in 2nd class), if it requires the foreign national to appear in person.
The Confederation grants a flat rate of 200 francs per escort when a police escort is necessary to accompany a foreign national from their domicile to the nearest competent consular representation.
When a police escort is necessary for the entire return journey, the Confederation grants the cantons an escort allowance amounting to
a. 200 francs per escort for police escort to the airport or to the border crossing;
b. 300 francs per day per escort for accompanying from the airport to the country of origin, country of departure, or to a third state, as a contribution to meal, accommodation, and other expenses; neither the salaries of the escort personnel nor any accompanying fees or allowances are reimbursed, and
c. 400 francs per day for the team leader responsible, pursuant to Art. 28, para. 2, of the ordinance of November 12, 2008, on the use of force and police measures in areas under the competence of the Confederation, for accompanying a special flight from the airport to the country of origin, country of departure, or to a third state.
When the competent consular representation, the airport, or the border crossing is within the foreign national's canton of residence, the escort allowance referred to in paras. 1 and 2, let. a, amounts to 50 francs.
The Confederation pays a flat rate of 200 francs for the social accompaniment of foreign nationals with special support needs, such as families with children or unaccompanied minors, from their place of residence to the airport or the border crossing or for the entire return journey.
The canton is authorized to assign the social accompaniment referred to in para. 5 to third parties.
The costs for remunerating interpreters necessary for establishing identity are to be borne by the Confederation, provided that the SEM has given its prior approval. The rates applicable during the asylum procedure for such services shall be applied.
The Confederation grants a flat rate of 300 francs to the canton responsible for executing the deportation when the person required to leave must spend the night at the location where the identity verification is conducted. This flat rate includes the detention costs, pursuant to Art. 15, para. 1, of the Ordinance of August 11, 1999, on the Execution of Deportations and Expulsions of Foreigners (OERE).
The SEM pays the cantons a flat rate of 350 francs for medical examinations ordered pursuant to Art. 27, para. 3, of the Federal Act of March 20, 2008, on Coercive Measures and Police Measures in Areas Within the Confederation’s Competence.
The SEM pays a flat rate of 1000 francs for medical accompaniment to the airport or the border post if such accompaniment is required as a result of a medical examination.
The flat rates provided in paras. 1 and 2 are based on the Swiss consumer price index as of October 31, 2018. The SEM adjusts these rates to this index at the end of each year for the following calendar year.
The Confederation shall cover: a. the journey by the most economical and rational route between the domicile of the person concerned in Switzerland and an international airport of their home or destination country, or an international port or main railway station of their home or destination country; b. ... c. the shipping of luggage up to a maximum of 200 francs per person, not exceeding 500 francs per family; d. a flat rate of 300 francs for each necessary overnight stay in the airport detention center's accommodation, which includes detention costs in accordance with Article 15, paragraph 1, of the OERE; e. ... The SEM generally does not cover the costs of transfer within the destination country. If a person required to leave Switzerland does not appear on the scheduled date, the SEM charges the canton for the flight cancellation fees and other costs incurred in this context, provided that the canton could have avoided the cancellation. ... The SEM regulates the ordering procedures for travel tickets and the selection of the route.
The SEM may disburse travel allowances intended to cover expenses incurred to meet vital needs during the return journey to the country of origin or provenance. These allowances amount to 100 francs per person, but do not exceed 500 francs per family.
The SEM may increase the travel allowances up to 500 francs per person, although the sum shall not exceed 1000 francs per family, if this measure facilitates the controlled departure of the individuals concerned for particular reasons, especially due to reasons inherent to their country or health imperatives.
The SEM may provide a travel allowance of 500 francs to any person detained under Articles 75 to 78 LEI who declares their willingness to leave Switzerland in accordance with their obligations. The travel allowance is only disbursed after the conduct of a departure interview in administrative detention in accordance with Article 3 b OERE.
The SEM disburses the lump-sum amounts mentioned in paragraphs 1, 2, and 2 bis directly to the persons concerned.
The SEM may grant a departure allowance of up to 2000 francs to any person required to leave Switzerland and excluded from return assistance pursuant to Art. 64, para. 1.
The person required to leave Switzerland must be willing to participate in obtaining the necessary travel documents and to leave Switzerland.
At the request of the cantons, the SEM decides on the payment of a departure allowance. For this purpose, the canton must justify: a. that it has undertaken in due time all the steps necessary to obtain the travel documents and held a counseling interview, in accordance with Art. 3 b OERE, with the persons detained pursuant to Arts. 75 to 78 LEI, and b. that one of the following conditions is met: 1. obtaining the travel documents will likely take more than six months, 2. the person to be deported has refused at least one repatriation under police escort to their country of origin, or 3. the person to be deported has been placed in detention based on Arts. 75 to 78 LEI.
In view of the person’s health condition and for reasons related to the destination country, the SEM may also exceptionally grant the departure allowance when the conditions set out in paras. 2 and 3 are not met.
The departure allowance may not be added to the travel allowance referred to in Art. 59 a, para. 2 bis.
The SEM may disburse the departure allowance at the international airport or in the destination country and may entrust this task to third parties.
The SEM may provide an annual subsidy for operating costs related to the intercantonal transport of detainees.
The Confederation's subsidy is independent of the number of persons transported on behalf of the Confederation and amounts to one third of the total costs of the transport system. The SEM disburses the annual subsidy to the CCPCS.
Regarding the intercantonal transport of persons who can be moved using intercantonal detainee transport according to the operating companies' standards, but who are nonetheless escorted by the police, the SEM does not provide an escort allowance under Art. 58, para. 2, let. a.
The SEM shall review reimbursement claims. To this end, it may require additional information or documentation if necessary.
In cases of inadequate departure arrangements or non-compliance with these provisions, the SEM shall deny any partial or full reimbursement.
The objective of return assistance measures is to encourage persons referred to in Art. 63 to voluntarily return to their country of origin or provenance or to proceed to a third country in accordance with their obligations.
Voluntary return is understood as any departure from Switzerland carried out spontaneously by a person, and return in compliance with obligations is any departure following an authority's decision.
Return assistance measures may also include services that facilitate the reintegration process of the returnee.
Return assistance is granted only once. It includes return assistance provided in other European states.
Beneficiaries who do not leave Switzerland or who return must reimburse the amounts disbursed to them by Switzerland as return assistance.
The beneficiaries of the benefits provided as return assistance are individuals whose residency conditions are regulated by the Asylum Act (LAsi) or by the provisions of the Foreign Nationals and Integration Act (LEI) concerning provisional admission.
The following individuals are excluded from financial return assistance: a. ... b. those who have committed a crime or have repeatedly committed offenses; c. those who have evidently abused the system, particularly if they: 1. seriously violate the obligation to cooperate as prescribed in Art. 8 of the Asylum Act (LAsi), 2. refuse to provide the competent authority with information on their economic situation or do not authorize the authority to access such information, 3. refuse acceptable employment, 4. misuse assistance benefits; d. those who evidently possess sufficient financial means or significant assets.
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The obtaining of return assistance benefits should not delay departure.
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The Federal Department of Justice and Police (FDJP) may temporarily suspend return assistance for certain countries of origin or transit or for certain third countries due to reasons particular to these countries.
Repealed
The return counseling services located in the cantons, in the Confederation centers, and at the Zurich-Kloten and Geneva-Cointrin airports ensure the dissemination of information regarding return and return assistance for the attention of cantonal authorities, interested private institutions, and individuals within the asylum sector, as well as those affected by Art. 60 of the Foreign Nationals and Integration Act (LEI). They also provide return counseling to those concerned.
The offices responsible for return counseling are designated by the cantons and are the exclusive interlocutors of the State Secretariat for Migration (SEM).
The cantons may collaborate to create and maintain the necessary structures for providing return counseling or may assign this task to third parties. They ensure that the return counseling services have access to the data they need to perform their work, including personal data and procedural stages.
The offices responsible for return counseling located in the Confederation centers and at Zurich and Geneva airports are under the responsibility of the SEM. The SEM may delegate this responsibility to cantonal return counseling services or third parties; in such cases, it concludes a reimbursement agreement with the services or third parties concerned.
The SEM allocates federal subsidies to the cantons for return counseling according to Art. 66 within the framework of the annual budget. These subsidies serve exclusively to cover administrative costs and ordinary personnel expenses that arise from counseling for return under the terms of Art. 66.
The federal subsidies allocated to the cantons for return counseling consist of a basic lump sum and a performance-related lump sum.
The basic lump sum is distributed among the cantons as follows:CantonfrancsCantonfrancsAargau 62,174Nidwalden 23,161Appenzell Ausserrhoden 19,710Obwalden 20,086Appenzell Innerrhoden 15,365Schaffhausen 21,505Basel-Landschaft 41,785Schwyz 26,986Basel-Stadt 25,501Solothurn 37,482Bern 125,565St. Gallen 47,782Fribourg 42,715Ticino 31,928Geneva 59,619Thurgau 20,662Glarus 21,206Uri 18,103Graubünden 28,554Vaud 83,285Jura 20,431Valais 47,220Lucerne 47,925Zug 25,072Neuchâtel 30,028Zurich 156,156.
The performance-related lump sum amounts to 1,000 francs per person who left Switzerland the previous year.
80% of the lump sum amounts mentioned in paras. 3 and 4 are paid during the first quarter of the current calendar year into the cantons' compensation accounts with the Federal Finance and Accounting Services. The balance is settled at the end of the calendar year, provided that the subsidy has not been reduced or does not have to be repaid under the Federal Act of 5 October 1990 on Financial Aids and Indemnities.
Federal subsidies under para. 5 are allocated to the cantons on the condition that they submit an activity report covering the previous calendar year.
The FDJP may adjust the lump sums mentioned in paras. 3 and 4 in the event of a significant increase or decrease in the number of asylum applications.
The SEM may enter into agreements with cantons or third parties for the purpose of accomplishing additional tasks that are not covered under Art. 66.
Additional tasks notably include the conducting of specific investigations, advisory and informational activities, as well as the performance of tasks requiring specific technical expertise.
The accomplishment of additional tasks and their compensation are regulated within the framework of the agreements concluded between the SEM and the cantons or third parties entrusted with these tasks.
Cantons or third parties may submit projects governed by paras. 1 and 2 to the SEM. The SEM shall assess the merits of said projects and decide on their funding.
Repealed
The programs abroad aim to facilitate the sustainable return of certain groups of individuals and their reintegration into their State of origin or provenance, or into a third State; they are time-limited. Certain parts of these programs may be implemented before the departure of the concerned individuals from Switzerland or the Schengen area. Programs abroad may specifically include one or more of the measures taken in favor of returnees, as described below: a. the preparation and organization of the return journey and support during it, as well as arrangements intended to facilitate departure and continuation of the journey in the State of origin or provenance, or in a third State; b. support for school, professional, and social reintegration.
Programs abroad may also include measures in favor of the authorities or the population of the State of origin in the form of aid intended for the improvement of infrastructures.
Included in the programs abroad are measures taken in the countries of provenance or transit or in the Member States of the European Union with the aim of contributing to the prevention of irregular migration to Switzerland, to the Schengen area or within it, or to reduce incentives for irregular migration. The following measures, in particular, are considered: a. information and awareness-raising campaigns; b. aid to foreign authorities or organizations, particularly in the fields of asylum procedures, information, supervision, training, and occupation, as well as accommodation for asylum seekers or refugees; c. cooperation with foreign authorities in the area of return with the objective of facilitating or encouraging return or repatriation to the State of origin, State of provenance or a third State.
The SEM determines the categories of beneficiaries and defines the objectives that the programs referred to in Art. 71 must achieve.
It is responsible for the planning and implementation of the programs mentioned in Art. 71. It may delegate this responsibility to the SDC or to third parties.
To be entitled to individual return assistance, the applicant must demonstrate that they have taken all necessary arrangements for their departure from Switzerland.
Individual return assistance is granted as a lump sum within the budget set each year.
The lump sum allocated for the individual return assistance referred to in para. 1 amounts to a maximum of 1000 francs per person. It may vary from one person to another, particularly depending on age, the stage of the asylum procedure, the duration of stay, or for reasons specific to the country of destination.
The lump sum may be supplemented by additional material assistance. This assistance consists of individual measures taken, particularly in the areas of employment, training, and housing.
The additional material assistance amounts to a maximum of 3000 francs per person or family. The SEM may increase this assistance to a maximum of 5000 francs for individuals with specific reintegration needs on personal, social, or professional grounds in the country of destination or for reasons specific to that country.
In the Confederation centers, individual return assistance and additional material assistance are organized in a degressive manner, taking into account the stage of the procedure and the duration of the person's stay.
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Departure costs and travel allowances are financed by the SEM in accordance with Art. 59, para. 1, let. a, and Art. 59a, regardless of the provision of individual return assistance.
When medical treatment abroad is essential, the SEM may provide subsidies to ensure its delivery. However, the duration of medical assistance is limited to a maximum of six months.
In the case of essential medical treatment, the treatment duration can be extended if it allows for a complete recovery. However, benefits provided for an indefinite period are excluded.
Individual return assistance may also take the form of medication or a package dedicated to medical services.
Individual return assistance may be granted if a person leaves Switzerland for a state other than their state of origin or provenance. To obtain this assistance, the person must be authorized to reside for at least one year in that other state. No individual return assistance is granted if the individual concerned continues their journey to a state mentioned in Art. 76 a.
Excluded from individual return assistance are: a. nationals of a state not subject to visa requirements in the case of a stay of up to three months; b. persons who continue their journey to a state referred to in letter a.
The SEM may grant exceptions for persons with specific needs for reintegration in the destination country on a personal, social, or professional level.
The SEM decides on the granting of individual return assistance upon the request of the competent cantonal authorities or mandated third parties.
The SEM may disburse individual return assistance at international airports or in the destination country and may entrust this task to third parties.
The Ordinance 2 of May 22, 1991, on Asylum is repealed.
Articles 8 to 19 apply to all ongoing procedures for which the SEM, upon the entry into force of this ordinance and in accordance with Articles 16, para. 1, and 17, para. 2, is obliged to establish the final or interim settlement.
The assistance costs already reimbursed by asylum seekers, provisionally admitted persons, or persons requiring protection, as provided in Article 11, para. 1, at the time of the granting or extension of a provisional work authorization, are deducted from the amount referred to in Article 9, para. 2 and 3. If the reimbursed amount exceeds this sum, the difference is not refunded.
The old law applies until the entry into force of Articles 41 to 43. According to Articles 41 to 43, the SEM may conclude agreements with certain cantons as part of a pilot project.
The lump sums specified in Articles 21, para. 2, 29, para. 4, 30, para. 3, and 31, para. 1, will be adjusted for the first time on January 1, 2001.
The daily accommodation allowance granted to asylum seekers and persons requiring protection without a residence permit under Article 24, para. 1, let. a, amounts to CHF 12.05 until December 31, 2000, and CHF 11.85 from January 1, 2001, to December 31, 2001.
For asylum seekers and persons requiring protection without a residence permit, the accommodation lump sum mentioned in Article 24, para. 2, let. a, amounts to CHF 8.80 until December 31, 2000, and CHF 8.60 from January 1, 2001, to December 31, 2001, the interest rate for the former first rank mortgage of Bernese Cantonal Bank stands at 3 ¾ %, and the Swiss Consumer Price Index is at 104.4 points. Adjustments will be made according to the provisions of Article 24, para. 2, let. a.
For asylum seekers and persons needing protection without a residence permit, the lump sum for other expenses mentioned in Article 24, para. 2, let. b, is CHF 3.25 until December 31, 2001, with the Swiss Consumer Price Index standing at 104.4 points. Adaptation will be made according to Article 24, para. 2, let. a.
Before the change of competencies occurs, the lump sum concerning supervision and administration costs for refugees mentioned in Article 31 is granted on a pro rata basis to the involved aid organization, and subsequently to the relevant canton. Until competencies change, the granting of federal subsidies to aid organizations is governed by the old law, unless they submit a written request to the SEM by December 31, 1999, requesting reimbursement under the new law.
The Confederation continues to cover the costs specified in Article 2 for individuals whom, at the time of entry into force of this ordinance, it bears the supervision and assistance costs despite the issuance of the settlement permit.
Before the entry into force of this ordinance, the Confederation reimburses the cantons for the scholarships granted and those to be distributed on a pro rata basis.
Before the entry into force of this ordinance, subsidies paid to cantons for housing financing must be reimbursed, except for interest, pursuant to Article 40, to the extent that they are not yet amortized under current legislation. The SEM determines, for each subsidy, the amount to be reimbursed, as well as, for each canton, the total amount and the installments due each quarter.
To determine the amount to be refunded under para. 11, in the case of the acquisition of building land, acquisition costs, and ancillary charges set out in the guarantee decision are subject to an increase equal to the difference between the level of the national consumer price index at the time when the said decision was made and its level at the time of the entry into force of this ordinance.
For integration projects mentioned in Article 45 as well as for the occupational programs provided for in Article 91, para. 4, Asylum Act (LAsi), which were authorized before the entry into force of this ordinance, the granted guarantee is valid until the end of 1999.
This Ordinance enters into force on 1 October 1999, with the exception of Arts. 41 to 43.
Arts. 41 to 43 enter into force on 1 January 2001.
The period of validity of the following provisions, hitherto limited to 28 September 2015, is extended until 28 September 2019: Arts. 41 and 53, letters d and e.