FDFA Fees Ordinance (FeeO FDFA)

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In The Matter OfFDFA Fees Ordinance (FeeO FDFA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 1 Subject and scope

1 This Ordinance governs the charging of fees for decisions and services of the Federal Department of Foreign Affairs (FDFA), including those of Swiss representations abroad (representations). The FDFA charges fees in the following areas: a. consular protection; b. other consular services; c. investment protection and promotion of business location Switzerland. 2 The following special legislative provisions on fees shall remain unaffected: a. Ordinance of 23 November 2005 on Fees under the Federal Act on Swiss Citizenship; b. Ordinance of 24 October 2007 on Fees under the Foreign Nationals and Integration Act of 16 December 2005 (FNIA); c. Ordinance of 20 September 2002 on Identity Documents; d. Ordinance of 14 November 2012 on the Issue of Travel Documents for Foreign Nationals; e. Ordinance of 27 October 1999 on Civil Status Fees; f. Ordinance of 14 December 2007 on Maritime Navigation Fees. 3 Insofar as this Ordinance does not lay down specific provisions, the provisions of the Gene

Para. 2 let. a — [AS 2005 5239. AS 2016 2577 Annnex No I 1]. See now: the Art. 24–29 of the O on Swiss Citizenship of 17 June 2016 (SR 141.01). Para. 2 let. b — SR 142.209 Para. 2 let. b — The title was amended on 1 Jan. 2019 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Para. 2 let. c — SR 143.11 Para. 2 let. d — SR 143.5 Para. 2 let. e — SR 172.042.110 Para. 2 let. f — SR 747.312.4 Para. 3 — SR 172.041.1

Art. 2 Obligation to pay fees and assessment of fees

1 Individuals and legal entities must pay a fee for decisions and services provided by the FDFA. 2 Insofar as this Ordinance does not lay down specific provisions, fees shall be based on time spent. The rate is 75 Swiss francs for each half-hour or part thereof. 3 Fees also include reimbursement of costs incurred by the FDFA in connection with the decisions or services. These include, in particular: a. travel, accommodation and meal costs; b. costs for services provided by other authorities and third parties consulted; c. costs for procuring information and documents, including the associated staff costs; d. communication and transmission costs. 4 A supplement of a maximum of 50 per cent of the ordinary fee may be charged for services provided outside of working hours. No supplement is charged on expenses.

Art. 3 Exemption from fees

1 No fees are charged to inter-cantonal bodies, cantons and communes or to foreign states for the provision of consular protection and other consular services, provided they: a. grant reciprocal rights; or b. cannot pass the fee on to third parties. 2 No fees are charged to the following institutions, provided they cannot pass the fee on to third parties: a. the Pro Helvetia Foundation; b. the Organisation for the Swiss Abroad; c. educationsuisse; d. the Foundation for Young Swiss Abroad; e. the Area for the Swiss Abroad Foundation; f. Switzerland Tourism; g. export promoters commissioned by the Confederation in accordance with Article 3 paragraph 1 of the Federal Act of 6 October 2000 on Export Promotion. 3 International organisations that have concluded a headquarters agreement with Switzerland may be exempt from paying fees if there is an overriding public interest. 4 For expenses in excess of 50 Swiss francs, the costs must be reimbursed even if in principle the fee has been waived

Para. 2 let. g — SR 946.14

Art. 4 Notification and advance payment

1 Where possible, the FDFA shall notify those concerned or their relatives of the obligation to pay a fee and of the expected amount in advance. 2 An appropriate prepayment or advance payment may be requested.

Art. 5 Invoicing

1 The FDFA invoices the fee after the service has been provided, as soon as all administrative units in Switzerland and abroad have submitted the supporting documents. 2 For services provided over a period of more than six months, interim invoices are issued every six months. If the fees accrued amount to more than 500 Swiss francs, they are invoiced.

Art. 6 Term of payment

The term of payment is 45 days from the date the payment is due.

Art. 7 Fee collection

1 Outside Switzerland, fees must be paid in the local currency. 2 If the local currency cannot be converted into Swiss francs, the representation may stipulate that fees should be paid in another specified currency, subject to the approval of the FDFA's Directorate for Resources. 3 The FDFA determines the exchange rate based on the current rate. 4 Fees for services purchased via an online counter must be paid in the currency quoted in the electronic payment process.

Art. 8 Waiving of fees

1 The FDFA may waive fees in full or in part under the conditions set out in Article 61 SAA; it also takes into account whether the person concerned has acted negligently. 2 Parts of a fee paid for by a third party may not be waived.

Art. 9 Negligence

In terms of this Ordinance, negligent behaviour is when persons: a. fail to take notice of the Confederation's recommendations, particularly travel advice and individual recommendations provided by the FDFA; b. violate the laws of the receiving state; or c. do not hold adequate insurance or have lost their insurance cover due to one of the exclusion criteria.