Host State Ordinance (HSO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 16 Entry requirements
1 When crossing the border to take up his or her duties, an individual beneficiary must be in possession of a recognised identity document and, where applicable, a visa. 2 A request must be made to the FDFA by the institutional beneficiary concerned in order for the individual beneficiary to be allowed take up his or her duties.
Art. 17 Residence requirements
1 The FDFA shall issue legitimation cards to the following persons: a. members of the staff of institutional beneficiaries established in Switzerland who are entitled to privileges and immunities and persons entitled to accompany such persons; b. members of the staff of institutional beneficiaries established in Switzerland who are not entitled to any immunities, and persons entitled to accompany such persons, provided the institutional privileges include an exemption from the residence requirements under Article 3 paragraph 1 letter i HSA and provided the persons are not Swiss citizens and that on commencement of their employment they did not hold a valid residence permit, permanent residence permit or cross-border commuter permit. 2 It shall determine the additional requirements for issuing the card and various forms of legitimation cards. 3 The legitimation card issued by the FDFA serves as a residence permit for Switzerland, confirms any privileges and immunities to which the holde
Art. 17 — Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).
Art. 18 Employment requirements
1 Institutional beneficiaries are entitled, in accordance with international law, to determine the terms of employment of their staff. 2 Members of diplomatic missions, of consular posts, of permanent missions or other representations to intergovernmental organisations and of special missions who are Swiss nationals or are permanently resident in Switzerland at the commencement of their function are subject to Swiss employment law. Any choice-of-law clause providing for the application of the law of a foreign State shall have effect only to the extent permitted under Swiss law. 3 Members of the local staff of diplomatic missions, of consular posts, of permanent missions or other representations to intergovernmental organisations, and of special missions, are subject to Swiss employment law irrespective of where they were engaged. A choice-of-law clause providing for the application of the law of a foreign State is possible if permitted under Swiss law. If a member of the local staff is
Para. 3 — Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).
Art. 19 Social security
Insofar as the institutional beneficiary as employer is not, under international law, subject to obligatory Swiss social security legislation and the members of the staff of the institutional beneficiary are not subject to that legislation, the institutional beneficiary shall determine the social protection arrangements for its staff in accordance with international law and shall operate a social security scheme of its own.
Art. 20 Accompanying persons
1 The following persons are entitled to accompany the principal individual beneficiary and enjoy the same privileges, immunities and facilities if living together in the same household: a. the spouse of the principal individual beneficiary; b. the same-sex partner of the principal individual beneficiary if the partnership has been registered in Switzerland or under an equivalent foreign provision or if the partner is treated by the institutional beneficiary concerned as an official partner or as a dependent; c. the cohabiting partner of the principal individual beneficiary (which within the meaning of Swiss law is a person of the opposite sex not married to the principal individual beneficiary) if the cohabiting partner is treated by the institutional beneficiary concerned as an official partner or as a dependent; d. the unmarried children up to the age of 25 of the principal individual beneficiary; e. the unmarried children up to the age of 25 of the spouse, or of the same-sex partner
Para. 2bis let. c — Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063). Para. 3 — SR 192.126 Para. 3 — Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).
Art. 21 Access to employment for persons called to act in an official capacity
1 Persons who are called to act in an official capacity at an institutional beneficiary must as rule perform their official duties on a full-time basis. This is without prejudice to the special provisions governing honorary consuls under the Vienna Convention of 24 April 1963 on Consular Relations, and those governing persons whose duties are limited to a specific mandate, such as lawyers engaged in proceedings before international courts or arbitration tribunals. 2 Persons who are called to act in an official capacity at an institutional beneficiary may, by way of exception, be authorised by the relevant cantonal authorities to carry out a secondary gainful activity for up to ten hours a week, provided that they are living in Switzerland and the activity concerned is not incompatible with the performance of their official duties. The decision of the cantonal authorities shall be taken in agreement with the FDFA. 3 Teaching a specialised subject may, in particular, constitute an accept
Para. 1 — SR 0.191.02 Para. 4 — Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063). Para. 5 let. f — Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063). Para. 6 — Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).
Art. 22 Facilitated access to employment for persons entitled to accompany the principal individual beneficiary
1 The following persons have facilitated access to employment in Switzerland for the duration of the function of the principal individual beneficiary if they are entitled, in accordance with Article 20 paragraph 1, to accompany the principal individual beneficiary and if they are living in Switzerland and in the same household as the principal individual beneficiary: a. the spouse of the principal individual beneficiary within the meaning of Article 20 paragraph 1 letter a; b. the same-sex partner of the principal individual beneficiary within the meaning of Article 20 paragraph 1 letter b; c. the cohabiting partner of the principal individual beneficiary within the meaning of Article 20 paragraph 1 letter c; d. the unmarried children of the principal individual beneficiary, within the meaning of Article 20 paragraph 1 letter d if they entered Switzerland as authorised accompanying persons before the age of 21; they are entitled to facilitated access to employment until the age of 25,
Para. 4 — Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063). Para. 5 let. f — Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063). Para. 6 — Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063). Para. 7 — Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).