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 Consular Protection
Section 1 Requirements
Art. 39 Natural persons
1 Consular protection may be granted to the following natural persons: a. the Swiss Abroad and Swiss citizens who are spending time abroad temporarily; b. persons for whom Switzerland has a protection function. 2 It may also be granted to Swiss citizens with multiple nationalities, provided support is not already being provided by another country. 3 If persons hold the nationality of the receiving state as well as Swiss nationality, they may receive consular protection from Switzerland provided the receiving state does not oppose it.
Art. 40 Legal entities
1 Consular protection may be granted to legal entities that: a. are subject to, and organised in accordance with, Swiss law; and b. their actual centre of administration is in Switzerland. 2 It may also be granted on a subsidiary basis to legal entities abroad, provided they are controlled by a Swiss citizen or legal entity in accordance with paragraph 1, and provided the receiving state does not oppose it. 3 Persons are deemed to control a legal entity in accordance with paragraph 2 if they: a. directly hold a majority of the votes in the highest decision-making body thereof; b. directly hold the right to appoint or remove a majority of the members of the highest executive or management body thereof; or c. in accordance with the articles of incorporation, foundation charter, a contractual agreement, or similar instrument, are able to exert a controlling influence thereon.
Art. 41 Protection of foreign interests
1 The Confederation may protect the interests of individuals or legal entities from a foreign country. The Federal Council has decision-making authority in this regard. 2 Protection of such interests may not go beyond the protection granted to Swiss nationals.
Section 2 Subsidiarity, Limitation and Liability o
Art. 42 Subsidiarity
The Confederation may also assist natural persons and legal entities abroad if they cannot reasonably or are not in a position to safeguard their interests on their own or with the help of third parties.
Art. 43 Limitation of consular protection
1 There is no legal entitlement to consular protection. 2 The Confederation may refuse or limit assistance, in particular if: a. there is a risk that it could be detrimental to the Confederation's foreign policy interests; b. it would put others in danger; c. the person concerned has disregarded the Confederation's recommendations or has otherwise acted negligently; d. the person concerned has abused assistance provided in the past. 3 This does not apply in cases where there is a threat to the life or health of the person concerned.
Art. 44 Confederation liability
1 The liability of the Confederation, subject to paragraph 2, complies with the Government Liability Act of 14 March 1958. 2 The Confederation is not liable: a. for recommendations published and assistance provided; b. if the persons concerned disregard the Confederation's recommendations or otherwise act negligently.
Para. 1 — SR 170.32
Section 3 Assistance
Art. 45 General support when abroad
1 General support comprises in particular assistance in the event of illness or accident or for victims of serious crime. 2 In individual cases the Confederation may take part in search and rescue operations. 3 If, in the course of providing support, the Confederation is notified of the death of a Swiss citizen domiciled in Switzerland by the authorities of the receiving state, it shall inform the person's next of kin. 4 In legal proceedings abroad, the representations may recommend local legal assistance without liability. 5 The representations may take action via consular and diplomatic channels with the local and central authorities of the receiving state.
Art. 46 Imprisonment
1 If a representation learns that a person has been imprisoned abroad, it shall ask the authorities of the receiving state about the reasons behind the imprisonment. 2 The representation shall endeavour, in particular: a. to contact or to visit the person concerned, provided it is appropriate or the person concerned has requested it; b. to ensure that the right to decent conditions of imprisonment, the procedural guarantees and the right of defence of the person concerned are respected.
Art. 47 Emergency loans
The Confederation may grant repayable interest-free loans to natural persons in distress who are temporarily residing abroad: a. to cover the costs of their journey home; b. as interim assistance; c. to cover hospital or medical costs.
Art. 48 Crisis situations
1 Every representation has crisis measures in place, in particular for armed conflicts, terrorist attacks, political unrest, traffic accidents and natural disasters. 2 The FDFA and the representation shall inform natural persons and their relatives in the event of a crisis situation and provide support within the scope of what is feasible. 3 The FDFA's security recommendations must be heeded. In the case of ongoing crisis situations, the FDFA may recommend leaving the crisis region. The decision to leave the crisis region is made voluntarily and at the own risk and expense of the person travelling. 4 The Confederation may take part in the search and rescue operations of the receiving state or of other countries. 5 In certain crisis situations, in particular in the case of armed conflicts and political unrest, it may grant natural persons and legal entities safe conduct to protect their personal safety and that of their property. 6 In the case of war or serious unrest, it may grant temp
Art. 49 Kidnappings and hostage-taking
1 The Confederation may provide support to natural persons who are the victims of a kidnapping or hostage-taking abroad. 2 If a representation learns that a kidnapping or hostage-taking has occurred, it shall seek support locally. In particular, it shall call on the competent authorities of the receiving state to take the necessary action.
Chapter 2 Other Consular Services
Section 1 Consular Services Offered by the FDFA
Art. 50 Administrative services
1 The FDFA provides consular services of an administrative nature that are not regulated in other laws or are not provided by other official bodies, in particular attestations, confirmations, certificates issued by representations, deposits with representations or submissions to the Swiss authorities via representations. 2 The Federal Council regulates these services in an ordinance.
Art. 51 Advice on emigrating and returning to Switzerland
1 The FDFA runs a counselling service on emigrating and returning to Switzerland, in particular in accordance with Article 25 paragraph 1 of the Recruitment Act of 6 October 1989. 2 The counselling service provides information on entry and living conditions to Swiss nationals returning to Switzerland from abroad.
Para. 1 — SR 823.11
Art. 52 Navigation matters
The representations provide consular services on navigation matters in accordance with Articles 43, 56, 57, 59, 65, 82, 119 and 120 of the Navigation Act of 23 September 1953.
SR 747.30
Section 2 Consular Services within the Jurisdictio
Art. 53 Civil status
1 The FDFA ensures coordination between the representations and the offices responsible for civil status within the Federal Office of Justice (FOJ). 2 The representations perform tasks related to the civil status of Swiss nationals abroad. For this purpose they work with the FOJ and make the modifications in the Register of the Swiss Abroad.
Art. 54 Citizenship
1 The FDFA assists the State Secretariat for Migration in citizenship matters. 2 The representations shall cooperate in particular in clarifications of facts and circumstances abroad in accordance with Articles 7, 21 paragraphs 2 and 4, 26 and 27 of the Swiss Citizenship Act of 20 June 2014.
Para. 1 — This name was modified as of 1 Sept. 2016 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Para. 2 — SR 141.0 Para. 2 — See Art. 68 below.
Art. 55 Identity papers
The FDFA supports the Federal Office of Police with the issue, withdrawal and in the event of loss of identity documents abroad in accordance with Articles 4–6, 7 and 8 of the Federal Identity Documents Act of 22 June 2001.
SR 143.1
Art. 56 Military registration
1 Military service by the Swiss Abroad and Swiss citizens with multiple nationalities is governed by Articles 4, 5 and 27 paragraph 2 of the Armed Forces Act of 3 February 1995. 2 In military matters, the representations provide the following consular services in particular: a. transmitting requests for dispensation from military service while abroad by Swiss nationals who failed to submit a request when they left Switzerland; b. issuing fact sheets on military service to Swiss nationals who are registered with a representation and reach the age of majority; c. providing information to Swiss Abroad who wish to complete their recruitment, basic military training, and refresher courses voluntarily in Switzerland; d. providing information to Swiss nationals with multiple nationalities about military service and about recognition of military service within the framework of bilateral agreements.
Para. 1 — SR 510.10
Art. 57 Old age, survivors' and invalidity insurance
The FDFA assists the Swiss Compensation Office and the Invalidity Insurance Office for People Living Abroad with the provision of voluntary insurance cover when abroad in accordance with: a. Article 2 (Voluntary insurance) of the Federal Act of 20 December 1946 on the Old-Age and Survivors' Insurance; b. Article 1b (Insured persons) of the Federal Act of 19 June 1959 on Invalidity Insurance.
let. a — SR 831.10 let. b — SR 831.20