Swiss Abroad Act (SAA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Networking and Information
Art. 9 Networking
1 The representations shall cultivate links with the community of the Swiss Abroad and make use of their network of contacts. 2 The Confederation shall maintain contact with institutions that promote relations between the Swiss Abroad and that contribute to better support and networking of the Swiss Abroad, particularly the Organisation for the Swiss Abroad. 3 It shall promote exchange between young Swiss Abroad and encourage their ties to Switzerland.
Art. 10 Information
1 The Confederation shall inform the Swiss Abroad in electronic or printed form about their rights and obligations and about topics related to this Act. 2 The FDFA may provide the Swiss Abroad with a compilation of legislation that affects them in electronic form and may help them understand Switzerland's institutions and political affairs.
Chapter 2 Register of the Swiss Abroad
Art. 11 Entry in the Register of the Swiss Abroad
1 Persons who hold Swiss citizenship and are not domiciled in Switzerland must register with the competent representation to be entered in the Register of the Swiss Abroad. 2 Entry in the Register is required for the Swiss Abroad to exercise their rights and obligations and for the provision of services by Swiss authorities under this title, except in cases where urgent social assistance is provided.
Art. 12 Registration
1 Entry in the Register of the Swiss Abroad is carried out by registering with the competent representation. 2 The competent representation is the one located at the place of domicile of the Swiss Abroad. The Federal Council may make exceptions to this. 3 Persons entered in the Register of the Swiss Abroad as minors shall be asked by the competent representation to confirm their registration when they reach the age of majority in accordance with Swiss law. 4 The Swiss communes of residence shall notify the FDFA of any Swiss nationals who give notice of departure to a foreign country.
Art. 13 Notification of changes
1 Persons entered in the Register of the Swiss Abroad must notify the competent representation of any changes or amendments to data concerning them. 2 If another representation becomes competent due to a change of residence abroad or for other reasons, the original registration is valid for the new competent representation. 3 The Swiss communes of residence shall notify the FDFA of any Swiss Abroad who give notice that they are returning to Switzerland.
Art. 14 Deleting entries and destroying data
1 The entry in the Register of the Swiss Abroad shall be deleted if registered persons: a. take up residence in Switzerland; b. no longer hold Swiss nationality; c. were entered in the Register of the Swiss Abroad as minors and when they reached the age of majority failed to confirm the registration within 90 days despite being requested to do so in accordance with Swiss law; d. are deceased; e. cannot or can no longer be contacted at the specified address; f. are declared missing presumed dead. 2 The rules on destroying data are set out in the implementing provisions.
Chapter 3 Political Rights
Art. 15 Applicable law
1 The legislation governing the political rights of Swiss citizens in Switzerland also applies to the Swiss Abroad, unless otherwise provided for in this Act or in the implementing provisions. 2 Cantonal law applies to political rights in cantonal and communal affairs.
Art. 16 Scope
1 The Swiss Abroad who are over the age of 18 may participate in federal elections and votes and sign requests for referendums and popular initiatives. 2 Eligibility for election is governed by Article 143 Cst.
Art. 17 Exclusion of voting rights
The Swiss Abroad are deemed to lack the legal capacity to exercise their voting rights in accordance with Article 136 paragraph 1 Cst. if: a. they are subject to a general deputyship due to being permanently incapable of judgement or are represented by a person entrusted with their care in accordance with Swiss law; or b. they are subject to an adult protection measure under foreign law that eliminates their capacity to act due to being permanently incapable of judgement provided an adult protection measure could also have been put in place under Swiss law.
Art. 18 Exercising voting rights
1 The Swiss Abroad exercise their right to vote in their last commune of residence. 2 If they do not have a commune of residence, they exercise their right to vote in their commune of origin. If they have two or more communes of origin, they exercise their right to vote in the commune of origin they stipulated when they registered in accordance with Article 12. 3 Votes may be cast in person, by post, or, provided the conditions are met, electronically. 4 In consultation with interested cantons and communes, the Federal Council shall promote electronic voting pilot schemes for the Swiss Abroad in accordance with Article 8a of the Federal Act of 17 December 1976 on Political Rights.
Para. 4 — SR 161.1
Art. 19 Entry in and deletion from the electoral register
1 The Swiss Abroad who wish to exercise their political rights shall notify their electoral commune via the competent representation. The electoral commune then enters them in the electoral register. 2 The Swiss Abroad who wish to renounce their political rights shall notify their electoral commune via the competent representation. 3 If the conditions for exercising political rights are no longer met, if a Swiss national living abroad renounces their political rights, or if voting materials are returned as undeliverable three times in a row, the electoral commune shall delete the person concerned from the electoral register. 4 The electoral commune and the FDFA shall inform each other about any data relevant to voting rights that have been amended or deleted from the electoral register or the Register of the Swiss Abroad.
Art. 20 Management of the electoral register for the Swiss Abroad
1 Cantons manage the electoral register for the Swiss Abroad at the central cantonal administration or at the administration department of the canton's main town. 2 They may manage the electoral register for the Swiss Abroad locally if the data: a. are harmonised throughout the canton and are entered electronically; or b. are regularly consolidated at a central location.
Art. 21 Support measures
The Confederation may implement measures, within the scope of the funds awarded, to facilitate the exercise of political rights by the Swiss Abroad.
Chapter 4 Social Assistance
Section 1 Basic Principle and Preventive Measures
Art. 22 Basic principle
The Confederation grants social assistance to the Swiss Abroad who are in need, subject to the conditions set out in this Chapter.
Art. 23 Preventive measures
In special cases, the Confederation may implement or support measures aimed at protecting the Swiss Abroad from falling into situations of need.
Section 2 Conditions for Social Assistance
Art. 24 Subsidiarity
Social assistance is only granted to the Swiss Abroad if they are unable to support themselves on their own and with their own resources, with financial assistance from private sources or with assistance from the receiving state.
Art. 25 Multiple nationality
The Swiss Abroad with multiple nationalities are not usually granted social assistance if a non-Swiss nationality takes precedence.
Art. 26 Grounds for exclusion
Social assistance may be refused or withdrawn if applicants: a. have seriously damaged Swiss public interests; b. deliberately provide false or incomplete information in order to obtain or attempt to obtain social assistance benefits; c. refuse to provide the social service authorities with information about their personal circumstances or to authorise them to obtain information; d. do not meet the applicable conditions or requirements or if they fail to report significant changes in their circumstances; e. obviously neglect to do everything reasonable to improve their situation; f. misuse social assistance benefits.
Section 3 Social Assistance Benefits
Art. 27 Type and amount
1 The type and amount of social assistance benefits are determined by the specific conditions in the receiving state, taking into account the basic needs of Swiss nationals living there. 2 The Confederation may grant additional social assistance to the Swiss Abroad who receive social assistance benefits from the receiving state, in compliance with the principle set out under paragraph 1.
Art. 28 Conditions and requirements
Social assistance payments may be subject to conditions and requirements.
Art. 29 Assignment and pledging
1 Social assistance benefits granted by the Confederation may not be assigned or pledged. 2 Any assignment or pledging of social assistance benefits shall be null and void.
Art. 30 Returning to Switzerland
1 The persons in need may be advised to return to Switzerland if it is in their or their family's interests to do so. In such cases, the Confederation shall not or shall no longer pay social assistance benefits abroad. 2 In the event of a return to Switzerland, the Confederation covers the travel costs. It may also cover them if the persons in need decide to return to Switzerland of their own accord.
Art. 31 Funeral costs
The Confederation may cover the costs of a proper funeral for Swiss nationals who die abroad and who are without means, provided neither their relatives nor the receiving state pay the costs.
Section 4 Procedure
Art. 32 Application
1 The Swiss Abroad apply for social assistance from the Confederation through the competent representation. 2 The representation then reviews and completes the application and transfers it together with a report and request to the Consular Directorate (CD) at the FDFA.
Art. 33 Decision
1 The CD then decides whether to accept applications and issues a commitment to provide the approved social assistance. 2 In urgent cases, the representation grants the essential emergency aid and notifies the CD. 3 The CD may authorise representations to grant additional social assistance on their own initiative.
Art. 34 Involvement of aid organisations
The representations may involve Swiss aid organisations abroad.
Section 5 Repayment
Art. 35 Repayment obligation
1 Social assistance recipients must repay the social assistance benefits if they no longer require them and are able to support themselves and their families. 2 Social assistance benefits obtained by persons before the age of majority or after this point for education or training purposes do not have to be repaid. 3 Persons who obtain social assistance benefits for themselves or others by deliberately providing false or incomplete information must repay them in all cases. 4 Heirs must repay social assistance benefits obtained by the testator, insofar as they inherit money from the estate. 5 The CD decides whether social assistance must be repaid or not. It may waive repayment fully or in part if the circumstances warrant it.
Art. 36 Time limitation of repayment obligation and non-interest-bearing nature
1 Social assistance benefits may be claimed back up to ten years after the last payment, unless the receivable was stipulated contractually or by the CD. 2 Requests for repayment do not bear interest.
Section 6 Cost Distribution
Art. 37
1 The Confederation bears the costs of the social assistance benefits paid under this Chapter. 2 The competent public body in the canton of origin bears the costs that another country may claim back from Switzerland under a assistance agreement.
Chapter 5 Support of Swiss Abroad Institutions
Art. 38
1 The Confederation may support institutions that promote relations between Swiss Abroad and their ties to Switzerland, or that provide assistance to Swiss Abroad. 2 In particular, it may grant financial support to the Organisation for the Swiss Abroad to safeguard the interests of the Swiss Abroad and to provide them with information. 3 The FDFA may conclude service agreements with the institutions referred to under paragraph 1; such agreements stipulate the rights and obligations of the institutions and the financial assistance granted by the Confederation.