Swiss Abroad Ordinance (SAO)
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. 47 Responsibility
(Art. 39 para. 1 and 40 para. 1 SAA) Decisions regarding the provision, scope and limitation of consular protection are made by: a. the FDFA for natural persons; b. the Federal Department of Economic Affairs, Education and Research in agreement with the FDFA for legal entities.
Art. 48 Natural persons
(Art. 39 SAA) 1 In accordance with Article 39 paragraph 1 letter b SAA, consular protection may be provided to the following persons in particular: a. citizens of countries with which Switzerland has concluded a relevant agreement; b. recognised refugees; c. persons recognised as stateless. 2 The consular protection services may also be provided to the relatives of the person concerned, particularly if the person in question is missing or dead.
Art. 49 Subsidiarity
(Art. 42 SAA) 1 The Confederation shall only provide protection after individuals or legal entities have exhausted every means of helping themselves, either on their own or with the help of third parties. 2 Before requesting assistance, individuals and legal entities must do everything that may be expected of them in terms of personal responsibility to overcome their difficulties from an organisational and financial point of view on their own. Where reasonable, use should be made of any assistance available in the receiving state. 3 Individuals and legal entities must take steps to avoid running into difficulty, in particular by complying with the national legislation of the receiving state and following the Confederation's recommendations as well as ensuring adequate insurance cover. 4 Swiss nationals may register their stays abroad. The FDFA provides an electronic database for this purpose.
Section 2 Assistance
Art. 50 Principles
(Art. 45–49 SAA) 1 When providing assistance within the framework of consular protection, the FDFA shall respect the sovereignty and legal system of the receiving state. 2 Natural persons and legal entities that are granted consular protection must inform the FDFA about any significant developments and cooperate constructively.
Art. 51 Illness and accident
(Art. 45 SAA) Assistance in the event of illness and accident may comprise, in particular: a. providing contact details of emergency services, doctors or hospitals; b. notifying relatives or other persons at the request of the person concerned; c. clarifying insurance cover and benefits; d. acting as a guarantor for hospital charges, provided an advance payment has been made or a written guarantee from a third party has been submitted; e. hospital visits; f. supporting the Swiss rescue services with medical repatriations.
Art. 52 Victims of serious crime
(Art. 45 SAA) Assistance for victims of serious crime, in particular acts of violence, may comprise: a. advising the victims and their relatives; b. providing information on the options for victim support in Switzerland and in the receiving state; c. clarifying matters with the authorities in the receiving state, in particular regarding the legal support options and the status of ongoing procedures; d. providing assistance in accordance with Articles 51 and 54.
Art. 53 Missing persons
(Art. 45 SAA) 1 Assistance for missing persons may comprise, in particular: a. advising relatives; b. informing relatives that an official search can only be launched once a person has been reported missing to the police; c. clarifying whether the whereabouts of the person are known. 2 The FDFA does not lead investigations. 3 Carrying out search or rescue operations abroad is the responsibility of the receiving state. Switzerland will only get involved if it is asked to do so by the receiving state or if it the receiving state gives its consent.
Art. 54 Death
(Art. 45 SAA) 1 Assistance in the event of death may comprise, in particular: a. clarifying details with authorities and insurance companies; b. obtaining death certificates, police or autopsy reports; c. providing addresses of funeral directors; d. arranging urn or casket burials in the foreign country; e. assisting with the repatriation of remains; f. taking measures to safeguard the personal property of Swiss nationals in transit. 2 The FDFA has fulfilled its duty to inform in accordance with Article 45 paragraph 3 SAA if it has notified one of the following persons about the death: a. the spouse or registered partner; b. children, parents and siblings; c. grandparents and grandchildren; d. life partners or other persons close to the deceased.
Art. 55 Child abductions
(Art. 45 SAA) 1 In the event of child abductions, the FDFA may provide the following assistance to the parent or legal guardian concerned: a. advising on the support opportunities offered by the FDFA; b. providing information on the potential course of action in Switzerland and abroad; c. providing addresses of local charities, contact persons and legal professionals; d. working with one of the organisations operating in this area; e. trying to contact the abducting parent and the children; f. carrying out diplomatic interventions with the competent authorities in the country to which the child has been abducted. 2 The provisions of the following agreements shall remain reserved: a. European Convention of 20 May 1980 on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children; b. Convention of 25 October 1980 on the Civil Aspects of International Child Abduction; c. Hague Convention of 19 October 1996 on the Protection of Chi
Para. 2 let. a — SR 0.211.230.01 Para. 2 let. b — SR 0.211.230.02 Para. 2 let. c — SR 0.211.231.011
Art. 56 Foreign legal proceedings
(Art. 45 SAA) 1 The FDFA does not intervene in court proceedings abroad. 2 It does not monitor trials. 3 The FDFA does not cover legal or court costs, bail money or fines.
Art. 57 Imprisonment
(Art. 46 SAA) 1 The representation informs a person in custody about: a. their rights of defence; b. the possibility of being transferred to Switzerland; c. social security issues; and d. health risks. 2 At the request of the person held in custody, the FDFA notifies relatives or specific third parties of the imprisonment. 3 The representation visits the person held in custody at least once a year where possible and if the person concerned so wishes.
Art. 58 Providing information in crisis situations
(Art. 48 para. 2 and 3 SAA) Swiss citizens abroad are responsible for keeping themselves updated in crisis situations, in particular via the media, notices from the local authorities and the FDFA's website.
Art. 59 Letters of Protection
(Art. 48 para. 5 SAA) 1 Letters of protection may be issued for houses, apartments, offices and factories, warehouses, machines and vehicles. 2 Persons who hold the nationality of the receiving state in addition to Swiss nationality shall not be issued with letters of protections.
Art. 60 Kidnappings and hostage-taking
(Art. 49 SAA) Assistance provided by the FDFA to persons who are victims of a kidnapping or hostage-taking may comprise the following measures within the possibilities available to the FDFA, the political guidelines and Switzerland's international obligations: a. contacting and seeking solutions with the country in whose territory the kidnapping or hostage-taking occurred or in whose territory the kidnapped persons or hostages are being held; b. working with third countries and other third parties; c. supporting the immediate relatives.
Section 3 Emergency Loans
(Art. 47 SAA)
Art. 61 Application
The following persons may request an emergency loan from the competent representation: a. Swiss citizens who are temporarily staying outside their country of residence; b. refugees recognised by Switzerland who are resident in Switzerland; c. stateless citizens recognised by Switzerland who are resident in Switzerland.
Art. 62 Rejection of applications
1 An application shall be rejected if the applicant can deal with their emergency situation in a timely manner on their own and with their own resources, with financial assistance from private or public sources, with insurance benefits or with assistance from the receiving state. 2 Furthermore, an applications may be rejected if the applicant: a. has failed to pay back a previously granted emergency loan; or b. has seriously damaged Swiss public interests.
Art. 63 Assessment
Emergency loans shall only be granted for necessary expenses and until the next possible date to return home.
Art. 64 Responsibility
1 The representation decides whether to grant emergency loans up to the following amounts inclusive of fees: a. 600 Swiss francs to return from European countries to the original place of residence or as interim aid to cover necessary expenses until the next possible date to return home; b. 1,200 Swiss francs to return from all other countries to the original place of residence or as interim aid to cover necessary expenses until the next possible date to return home; c. 2,200 Swiss francs to cover hospital or medical costs, including medicines and medical aids. 2 The CD decides in all other cases, including in cases where there are grounds for refusal in accordance with Article 43 paragraph 2 SAA or if there is an arrest warrant in the computerised search system RIPOL.
Art. 65 Payment and repayment
1 Emergency loans are paid out in the local currency. 2 When loans are paid out, applicants must sign a commitment to pay back the loan within 60 days. 3 The amount due must be paid back in Swiss francs; the exchange rate on the date of payment of the loan applies.
Chapter 2 Other Consular Services
Section 1 Administrative Services
(Art. 50 SAA)
Art. 66 Legalisation of official seals and signatures
1 The representation is authorised to legalise the official seals and signatures of the following bodies: a. the Federal Chancellery; b. the cantonal authorities responsible for legalisations; c. the authorities of the receiving state that are based in the consular district and whose signatures and seal are lodged with the representation; d. representations of foreign states located in the consular district, whose seal and signature are lodged with the representation. 2 On express demand, a confirmation may be added to the document to which the legalisation is attached stating that the authority that issued it was authorised to do so.
Art. 67 Legalisation of private signatures
1 The representation is authorised to legalise the signatures of Swiss nationals on private documents. 2 Unless otherwise provided for in the law of the receiving state, the signatures of foreign nationals on private documents to be used in Switzerland or for Swiss interests, may be legalised. 3 The document must be signed in the presence of an authorised employee from the representation and there must be no doubt about the identity of the signatory.
Art. 68 Scope of legalisations
1 Legalisations issued by the representation only refer to seals and signatures. 2 The representation expressly declares on the document to which the legalisation is attached that it bears no responsibility for the authenticity or content of the document in question.
Art. 69 Rejection of legalisations
Legalisation requests will be rejected, in particular if: a. there is no proven Swiss interest; b. there is doubt about the authenticity of the seal or signature; c. the risk of negative implications for Switzerland's image cannot automatically be ruled out, in particular where money laundering, capital flight or tax evasion is suspected; d. documents with obviously dubious content are presented; e. the document requires legalisation by means of apostille in accordance with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
let. e — SR 0.172.030.4
Art. 70 Certification of foreign decisions and documents regarding civil status
The certification of foreign decisions and documents regarding civil status that are submitted to the representation to be forwarded to the competent Swiss civil status authorities for registration in the Swiss civil status register is, subject to international agreements, governed by Article 5 of the Ordinance of 28 April 2004 on Civil Status.
SR 211.112.2
Art. 71 Certificate
1 The representation is authorised to issue certificates to the following persons about facts that have been sufficiently ascertained: a. Swiss nationals and legal entities in accordance with Art. 40 SAA; b. foreign nationals and other legal entities, provided the certificates are to be used in Switzerland or for Swiss interests. 2 In the case of declarations of conformity for copies where original documents are presented, a reservation regarding the content will be made. The reservation may be dispensed with if there is no doubt about the authenticity of the original document.
Art. 72 Deposit
1 The representation may accept cash, securities, documents and other items for temporary storage, provided: a. Swiss interests are at stake; b. there is no other way of keeping the items safe; c. it is convinced of the necessity and urgency of this measure; and d. the representation can provide appropriate storage. 2 The representation may demand proof of ownership. 3 It shall refuse to accept items if they represent a security risk for the representation or if accepting them conflicts with Swiss national interests. 4 Depositing items for longer than five years requires authorisation from the FDFA. Testamentary dispositions may be stored for longer than five years without authorisation. 5 The representation and the FDFA accept no responsibility for damage or loss of the deposited items.
Section 2 Advice on Emigration and Returning to Sw
(Art. 51 SAA)
Art. 73
In relation to emigration and returning to Switzerland, the FDFA only provides general information and references to relevant sources of information.