Ordinance on the Central Visa Information System and the National Visa System (Visa Information System Ordinance, VISO)

The Swiss Federal Council,

on the basis of Article 109 e of the Foreign Nationals and Integration Act
of 16 December 2005 ¹ (FNIA) ² ,

ordains:

Chapter 1 General Provisions

Art. 1 Subject matter

This Ordinance regulates:

responsibility for the National Visa System (ORBIS) and its content;
the authorities' access rights to ORBIS;
the authorities' access rights to the Central Visa Information System (C‑VIS);
the procedure for transmitting C-VIS data via the central access point to the authorities under Articles 17 and 18;
the processing and the retention period for the data;
the rights of the persons concerned;
data security, advice on data protection and the supervision of data processing.

Art. 2 Definitions

In this Ordinance:

VIS Mail means a communication system that enables data transmission via the C-VIS infrastructure between states in which Regulation (EC) No 767/2008³ (EU VIS Regulation) applies;
third countrymeans a state that is neither a member state of the European Union (EU) nor of the European Free Trade Association (EFTA);
Schengen state means a state bound by any one of the Schengen Association Agreements; these agreements are listed in Annex 1 number 1;
Dublin state means a state bound by any one of the Dublin Association Agreements; these agreements are listed in Annex 1 number 2;
⁴ terrorist offence means an offence under Annex 1a of the N-SIS Ordinance of 8 March 2013⁵;
⁶ other serious offence means an offence under Annex 1b of the N-SIS Ordinance.

Chapter 2 National Visa System

Section 1 Responsibility, Aim and Structure of the System

Art. 3 Responsibility

The State Secretariat for Migration (SEM) ⁷ is responsible for ORBIS.

It shall issue processing regulations, which in particular set out the measures required to guarantee data protection and data security.

Art. 4 Aim

ORBIS has the following aims:

to record and store the data on visa applications;
to transmit the data recorded in application of the EU VIS Regulation⁸ to the C-VIS;
to allow access to the C-VIS data.

Art. 5 Content and structure

ORBIS contains the data specified in Annex 2 relating to each admissible visa application.

The data recorded in ORBIS in application of the EU VIS Regulation ⁹ are transmitted automatically to the C-VIS.

All modifications and deletions of data recorded in ORBIS in application of the EU VIS Regulation are transmitted automatically via ORBIS to the C-VIS.

Section 2 Recording the Data and Transmission to the C-VIS

Art. 5a¹⁰ Electronic visa applications for Schengen visas and temporary storage of data

In the case of applications for Schengen visas, the applicant may send the personal data required for the application to the visa authority electronically.

The fees may be paid electronically.

The data under paragraph 1 may be stored on servers of the Federal Department of Justice and Police (FDJP) for a maximum of four months.

Art. 5b¹¹ Data processing by external service providers

The applicant may send the personal data required for the visa application to an external service provider that has been assigned tasks in connection with the visa procedure.

The external service provider shall record the personal data in compliance with the provisions of Annex X of Regulation (EC) No 810/2009 ¹² (Visa Code) and shall pass these on to the visa authority. ¹³

Art. 6 Recording data in ORBIS by the visa authority¹⁴

If a visa application is admissible under Article 19 of the Visa Code ¹⁵ ¹⁶ , the visa authorities shall record the data specified in Annex 2 in in ORBIS accordance with Articles 8–14 of the EU VIS Regulation ¹⁷ ; the data in Category I must be recorded first and thereafter, depending on the course of the procedure, the data in Categories II–VI. ¹⁸

If the application relates to a short-stay or airport transit visa, the data in Categories I–VI is transmitted to the C-VIS in accordance with Article 5 paragraph 2. ¹⁹

The visa authorities shall also record the data in Category VII listed in Annex 2. These data are not transmitted to the C-VIS.

Art. 7 Recording on behalf of another Schengen state

If a Swiss authority records the data on a visa application on behalf of another Schengen state, it shall enter the name of the state concerned into ORBIS.

If the authority under paragraph 1 issues, refuses, revokes, annuls or extends a visa, or if it does not continue the assessment of the application, the name of the state concerned is transmitted automatically to the C-VIS.

Art. 8 Owner the data transmitted to the C-VIS

Switzerland is the owner of the data entered by the Swiss visa authorities when recording a visa application and making a corresponding decision, which are transmitted to the C-VIS.

The visa authorities may copy the fingerprints in a C-VIS application data file and enter them in a new application data file. They become owner of the new data file compiled thereby.

Art. 9 Links between application data files

The visa authorities may establish or delete links between application data files where the applicant belongs to a group of travellers or to a family travelling together under Article 8 paragraph 4 of the EU VIS Regulation ²⁰ .

The Swiss authority recording the data of an application data file may link them with other data records relating to the same applicant in accordance with Article 8 paragraph 3 the EU VIS Regulation or the delete the corresponding links.

Section 3 Online Access to ORBIS

(Art. 109c FNIA)

Art. 10

The following authorities have online access to the ORBIS data in order to fulfil the tasks assigned to them:

at SEM:1.²¹the Residence Authorisation Section and the Identification and Security Checks Division: to fulfil their tasks in relation to visas, travel documents and identification,2.the Asylum Division: to assess the applications for asylum,3.the Registrar's Office: for archiving,4.the Information Technology Section and the Statistics Service: to compile visa statistics,5.the Employment Market Admission Section: to assess applications under the legislation on foreign nationals;
the border posts of the cantonal police authorities and the Border Guard: to carry out checks on persons and to issue exceptional visas;
the Swiss representations abroad and the Swiss Mission to the UN in Geneva: to assess visa applications;
the State Secretariat, the Directorate of Political Affairs and the Consular Directorate of the Federal Department of Foreign Affairs (FDFA): to assess visa applications and appeals that fall within the jurisdiction of the FDFA;
the Central Compensation Office: to assess applications for benefits and to allocate and check OASI numbers²²;
at the Federal Office of Police (fedpol):1.the Legal Services Section: to issue rulings on measures banning entry to safeguard Switzerland's internal and external security in accordance with Articles 67 paragraph 4 and 68 paragraph 3 FNIA,2.²³the authorities responsible for the computerised police search system (RIPOL): for identification of persons in connection with the supervision of the recording of RIPOL data under the RIPOL Ordinance of 26 October 2016²⁴,3.the authorities responsible for international correspondence, and the operations centre: in order to identify persons in connection with the exchange of police intelligence at inter-cantonal and international levels and to assess measures banning entry to safeguard Switzerland's internal and external security,4.the responsible authorities of the Federal Criminal Police:–in order to identify persons in connection with administrative and mutual legal assistance, in connection with security and criminal police duties and in connection with the exchange of police intelligence at inter-cantonal and international levels–to assess the suitability of a person for a witness protection programme and to carry out risk analyses,5.the service for identity documents and tracing missing persons: to trace the whereabouts of such persons,6.the authority responsible for operating the automated fingerprint identification system (AFIS): in order to identify persons under Article 102 paragraph 1 FNIA,7.the responsible service at the Money Laundering Reporting Office: in order to identify persons and to determine their residency status in connection with the statutory duties of the Reporting Office to combat money laundering and its predicate offences, organised crime and the financing of terrorism under Article 23 of the Anti-Money Laundering Act of 10 October 1997²⁵;
²⁶ the cantonal and communal migration authorities and the cantonal and communal police authorities: to fulfil their duties in the field of immigration;
the civil register offices and their supervisory authorities, and the Federal Civil Status Office: to assess the legality of the residence in Switzerland of persons engaged to be married who are not Swiss citizens and to notify the responsible authority of the identity of persons engaged to be married who are unable to prove the legality of their residence;
at the Federal Office of Justice:1.the International Mutual Assistance Unit: to fulfil its duties in connection with international mutual assistance proceedings under the Mutual Assistance Act of 20 March 1981²⁷,2.the Private Law Unit: to fulfil its duties in connection with proceedings under the Federal Act of 21 December 2007²⁸ on International Child Abduction and the Hague Conventions on the Protection of Children and Adults;
the Federal Intelligence Service: to assess measures banning entry to safeguard Switzerland's internal and external security under the Federal Act of 21 March 1997²⁹ on Measures to Safeguard Internal Security;
the Federal Administrative Court: for the preparatory briefing procedure for appeals under the FNIA;
the Federal Tax Administration: to fulfil their tasks in connection with:1.the levying of Value Added Tax on goods and services supplied for consideration by taxable persons on Swiss territory (domestic tax) and on the acquisition by recipients on Swiss territory of supplies from businesses domiciled abroad (acquisition tax) and the levying of withholding tax,2.the conduct of criminal proceedings and administrative or mutual legal assistance proceedings;
³⁰ the Federal Office for Customs and Border Security³¹:1.to fulfil their tasks in levying Value Added Tax on the import of goods (import tax),2.in order to identify persons in connection with customs investigations;
³² ...

The access rights are regulated in Annex 2.

Chapter 3 Central Visa Information System

Section 1 Online Consultation of the C-VIS

(Art. 109a FNIA)

Art. 11

The following authorities may consult C-VIS data online in order to fulfil the duties assigned to them:

at SEM:1.the Entry Section and the Admission and Residence Section: to fulfil their tasks in relation to visas,2.the Dublin Sections and the employees in reception and processing centres responsible for assessing applications for asylum: to determine the Dublin state responsible for assessing an asylum application,3.the Asylum Division: to assess asylum applications where Switzerland is responsible for deciding,4.the Statistics Service: to compile visa statistics under Article 17 of the EU VIS Regulation³³;
the border posts of the cantonal police authorities and the Border Guard: to issue exceptional visas;
the Swiss representations abroad and the Swiss Mission to the UN in Geneva: to assess visa applications;
the State Secretariat, the Consular Directorate and the Directorate of Political Affairs of the FDFA: to assess visa applications for which the FDFA is responsible;
the Border Guard and the responsible cantonal and communal police authorities:³⁴1.to conduct checks at the external borders of the Schengen area and on the sovereign territory of Switzerland,2.to verify the identity of visa holders, to assess the authenticity of visas or to assess whether the requirements for entry into the sovereign territory of Switzerland or for residence there are met,3.in order to identify persons without visas who do not or no longer meet the requirements for entry into the sovereign territory of Switzerland or for the residence there;
the cantonal migration authorities and the communes to which the corresponding competences have been delegated by the cantons: to fulfil their duties in relation to visas.

The fedpol Operations Centre (fedpol OC) may consult C-VIS data online as central access point (Art. 20).

The rights to consult data are regulated in Annex 3.

Section 2 Data Categories for Consulting the C-VIS and Extent of Rights to Consult Data

Art. 12 Consultation to assess visa applications and for visa decisions

The consultation of the C-VIS to assess visa applications and for visa decisions is carried out in accordance with Article 15 paragraph 2 the EU VIS Regulation³⁵ on the basis of one or more of the following data:

application number;
first name, surname, name at birth (previous surname), sex, and date, place and country of birth;
nature and number of the travel documents, issuing authority, date of issue and expiry date;
first name, surname and address of the natural person or name and address of the legal entity issuing the invitation or that is required to bear the subsistence costs of the visa applicant during the stay, and the first name, surname and address of the contact person for the legal entity;
fingerprints;
the number of the visa vignette and date of issue of previously issued visas.

If the search produces a hit, the authority may consult the previous application data files for the applicant under Article 15 paragraph 3 of the EU VIS Regulation and the linked application data files under Article 8 paragraph 4 of the EU VIS Regulation.

Art. 13 Consultation during checks on the Schengen external borders or on Swiss sovereign territory

The consultation of the C-VIS during checks at crossing points on the external borders of the Schengen area in order to verify the identity of the visa holder or the authenticity of the visa or to assess whether the requirements for entry into Schengen area are met is carried out in accordance with Article 18 paragraph 1 EU VIS Regulation ³⁶ on the basis of the visa vignette number and the visa holder's fingerprints.

If the search produces a hit, the authority may under Article 18 paragraph 4 EU VIS Regulation consult the data in categories I, II and V–VII in accordance with Annex 3.

The consultation of the C-VIS to verify the identity of the visa holder or the authenticity of the visa or to assess whether the requirements for entry into Swiss sovereign territory or for residence there are met is carried out in accordance with Article 19 paragraph 1 EU VIS Regulation on the basis of the visa vignette number and the visa holder's fingerprints or solely on the basis of the visa vignette number.

If the search produces a hit, the authority may under Article 19 paragraph 2 EU VIS Regulation consult the data in the categories mentioned in paragraph 2.

Art. 14 Consultation for identification

Consultation of the C-VIS solely on the basis of fingerprints may be carried out under Article 20 paragraph 1 EU VIS Regulation³⁷ if:

the verification of the identity of a visa holder under Article 13 was not successfully;
there is doubt as to the identity of the visa holder or the authenticity of the visa or of the travel documents;
the identity of a person without a visa must be verified.

If the consultation on the basis of fingerprints is not successful or if it cannot be used, a consultation on the basis of the following data may be carried out:

first name, surname, name at birth (previous surname), sex, and date, place and country the birth; or
nature and number of the travel documents, issuing authority, date of issue and expiry date.

The consultation under paragraph 2 may be carried out in combination with current nationality or nationality at birth.

If the search produces a hit, the authority may under Article 20 paragraph 2 EU VIS Regulation consult the data in categories I–VII in accordance with Annex 3.

Art. 15 Consultation to determine the responsible Dublin state

The consultation of the C-VIS to determine the responsible Dublin state in accordance with Articles 12 and 34 of Regulation (EC) No 604/2013 ³⁸ (EU Dublin-Ordinance) is carried out on the basis of the asylum seeker's fingerprints.

If the consultation on the basis of the fingerprints is unsuccessful or cannot be used, the consultation may be carried out in accordance with the procedure under Article 14 paragraphs 2 and 3.

If the search produces a hit and if a visa has been issued or extended that expired no later than six months before the date on which the asylum application was filed, the data in categories I, II, VI and VII in accordance with Annex 3 may be consulted in accordance with Article 21 paragraph 2 the EU VIS Regulation ³⁹ .

Only applications that are linked due to the applicants belonging to the same family may be consulted.

Art. 16 Consultation to assess asylum applications

The consultation of the C-VIS to assess an asylum application is carried out on the basis of the asylum seeker's fingerprints.

If the consultation on the basis of the fingerprints is unsuccessful or cannot be used, the consultation may be carried out in accordance with the procedure under Article 14 paragraphs 2 and 3.

If the search produces a hit and if a visa has been issued, the data in categories I, II and V–VII in accordance with Annex 3 may be consulted in accordance with Article 22 paragraph 2 the EU VIS Regulation ⁴⁰ .

Only applications that are linked due to the applicants belonging to the same family may be consulted, together with the various related application data files for the same applicant.

Section 3 Access to C-VIS via the Central Access Point

Art. 17 Federal authorities that may request data

The following federal authorities may request C-VIS data in accordance with Article 109a paragraph 3 letters a–c FNIA:

at fedpol:1.the operations centre,2.the Federal Criminal Police,3.the International Identifications Service;
at the Federal Intelligence Service:1.the Procurement Section,2.the Evaluation Section,3.Counter Terrorism Coordination,4.Intelligence Service Coordination,5.Counter Extremism Coordination,6.Non-Proliferation Coordination,7.the Aliens Division;
⁴¹ at the Office of the Attorney General of Switzerland:1.the Judgment Enforcement Service: to implement the decisions of the federal criminal justice authorities, unless the cantons have jurisdiction, in particular in application of Article 82 paragraph 1 of the Ordinance of 24 October 2007⁴² on Admission, Period of Stay and Employment,2.the divisions conducting proceedings in Bern, namely National Security and Organised Crime, White-Collar Crime, Mutual Legal Assistance, Terrorism, International Criminal Law and Cybercrime, and the offices in Lausanne, Lugano and Zurich: for the investigation and indictment of offences that are subject to federal jurisdiction in accordance with Articles 23 and 24 of the Criminal Procedure Code⁴³ or other specific federal acts.

Art. 18 Cantonal and communal authorities that may request data

The following cantonal and communal authorities may request C-VIS data in accordance with Article 109a paragraph 3 letter d FNIA:

the cantonal police authorities;
the communal police authorities in the cities of Zurich, Winterthur, Lausanne, Chiasso and Lugano;
the prosecution authorities via the cantonal police authorities.

Art. 19 Procedure for receiving data

The authorities under Articles 17 and 18 shall submit an application for access to the C-VIS data with a statement of the grounds to fedpol OC in paper form or electronically.

In urgent exceptional cases, an authority may also submit an application verbally. The fedpol OC shall process the application immediately and assess subsequently whether the requirements under Article 20 have been met and whether it is actually an urgent exceptional case. Retrospective assessment must be carried out immediately after the application is processed.

Fedpol set out the modalities of the procedure in processing regulations.

Art. 20 Requirements for receiving the data

The fedpol OC shall assess whether:

⁴⁴ the data are required to prevent, disclose or investigate terrorist or other serious offences;
their transmission are justified in the specific case;
⁴⁵ there are justified grounds to assume that their transmission will considerably assist in preventing, disclosing or investigating terrorist or other serious offences.

Art. 21 Consultation and transmission of the data

If the requirements under Article 20 are met, the fedpol OC shall consult the C-VIS data. The consultation may be carried out only on the basis of the data specified in Article 5 paragraph 2 of Decision 2008/633/JHA ⁴⁶ (EU VIS Decision) and in accordance with the rights to consult data set out in Annex 3.

If the consultation produces a hit, the fedpol OC shall transmit the data specified in Article 5 paragraph 3 of the EU VIS Decision to the authority by secure means.

Art. 22 Exchange of information with EU member states not bound by the EU VIS Regulation

The EU member states where the EU VIS Regulation ⁴⁷ is not in force may submit applications to obtain C-VIS data either directly to the fedpol OC via the secure connections intended for criminal police correspondence or to the other authorities in accordance with Articles 17 and 18.

The fedpol OC shall assess the applications and respond to them directly.

The procedure is governed by Article 19.

The fedpol OC may, with a view to obtaining information in relation to visas, submit applications to the responsible authorities in the EU member states where the EU VIS Regulation is not in force.

Chapter 4 Consultation of Other Databases and VIS Mail

Art. 23⁴⁸ Consultation of other databases

Provided the user has the required authorisation, on receipt of a visa application in ORBIS an automatic search is made of the following databases:

the Central Migration Information System (ZEMIS) in accordance with the ZEMIS Ordinance of 12 April 2006⁴⁹;
RIPOL in accordance with the RIPOL Ordinance of 26 October 2016⁵⁰;
the Schengen Information System (SIS) in accordance with the N-SIS Ordinance of 8 March 2013⁵¹;
the Interpol Automated Search Facility database (ASF Interpol) in accordance with the Interpol Ordinance of 21 June 2013⁵²;
the Entry and Exit System in accordance with the Ordinance of 10 November 2021⁵³ on the Entry and Exit System.

Art. 24 VIS Mail

The federal and cantonal visa authorities and the communal authorities to which the related competences have been delegated shall use VIS Mail to transmit the following forms of information:

communications in the context of consular cooperation in connection with a visa application or communications relating to requests to transmit documents connected with the visa application or copies of these documents in electronic form under Article 16 paragraph 3 EU VIS Regulation⁵⁴;
communications on incorrect data in the C-VIS under Article 24 paragraph 2 EU VIS Regulation;
a notice under Article 25 paragraph 2 EU VIS Regulation that an applicant has acquired the citizenship of a Schengen state;
⁵⁵ requests for consultations and answers relating to previous consultations between the central visa authorities under Article 22 paragraph 1 of the Visa Code⁵⁶ and Article 16 paragraph 2 of the EU VIS Regulation;
⁵⁷ information about visas that are issued by consulates under Article 31 paragraph 1 of the Visa Code and Article 16 paragraph 3 der EU VIS Regulation to citizens of certain countries of origin or certain groups of citizens.

Chapter 5 Data Protection, Data Security and Supervision

Section 1 Data Processing

Art. 25 Processing principle

Only Swiss authorities may modify the data that they transmit to C-VIS.

Art. 26 Storing the data in ORBIS

The ORBIS data shall be stored for a maximum of five years.

This period begins:

in the case of the issue of a visa: on the day that the term of validity expires;
in the case of the extension of a visa: on the day that new term of validity expires;
in the event of the withdrawal of the application or the termination or non-continuation of the assessment of an application: on the creation of the application data file in ORBIS;
in the event that a visa is refused, annulled or revoked: with the corresponding decision of the visa authority.

Art. 27 Deletion of data

If a person acquires Swiss citizenship:

the visa authorities shall immediately delete the application data files in ORBIS relating to the person concerned and if applicable the links with data records of his or her spouse, children or the group with which he or she travelled, provided the application data were recorded by the Swiss authorities;
SEM shall give immediate notice of this to the Schengen states that recorded the visa data.

The citizenship authorities must notify SEM (Visa Principles Section) of the naturalisation.

If the decision to refuse a visa is overturned by the competent appellate authority, the data on the refusal of the visa in ORBIS shall be deleted by the authority that refused the visa as soon as the appeal decision is final.

Art. 28 Quality of data

If there are indications that C-VIS data or ORBIS data recorded by the Swiss authorities are incorrect or incomplete or have been processed unlawfully, SEM must be notified of this immediately in writing.

SEM shall take the required action immediately.

Art. 29 Storing the data from the C-VIS

In accordance with Article 30 EU VIS Regulation ⁵⁸ , C-VIS data may be stored in ZEMIS, in ORBIS, in the RUMACA information system of the Border Guard or in corresponding information systems of the cantonal and communal police authorities if storage is required in the specific case and for as long as the relevant case is being processed. ⁵⁹

The authorities under Articles 17 and 18 must immediately destroy the data received from the fedpol OC unless they are required for the purposes of the EU VIS Decision ⁶⁰ . They must destroy the data as soon as they are no longer required.

Any use of data in contravention of paragraphs 1 and 2 constitutes an abuse as defined in Article 120 d FNIA.

Art. 30 Disclosure of data to third countries or international organisations

The C-VIS data may neither be disclosed to third countries nor to international organisations.

The following C-VIS data about a person may be disclosed to third countries or international organisations in accordance with the Annex to the EU VIS Regulation⁶¹ in specific cases in order to prove the identity of a citizen of a third country, including for the purpose of repatriation, if the conditions under Article 31 the EU VIS Regulation are fulfilled:

first name, surname, name at birth, sex, and date, place and country of birth;
current nationality and nationality at birth;
type and number of the travel documents, issuing authority, date of issue and expiry date;
applicant's home address;
for minors: first name and surname of the person holding custody or of the guardian.

The ORBIS data that are not transmitted to the C-VIS may be disclosed in the specific case in accordance with the conditions set out in Article 105 FNIA.

Section 2 Rights of the Persons Concerned

Art. 31 Right to information or to correction or deletion of data

If a person asserts his or her right to information in relation to data in ORBIS or in the C-VIS, he or she must submit an application to SEM in the form required by Article 16 of the Data Protection Ordinance of 31 August 2022 ⁶² (DPO). The assertion of other rights by the data subject is governed by Article 41 of the Data Protection Act of 25 September 2020 ⁶³ . ⁶⁴

SEM shall process the request for information in consultation with the authority that recorded the data in ORBIS, or with the state that transmitted the data to the C-VIS.

It shall register the request for information.

If a person asserts his or her right to the correction or deletion of C-VIS data that were not recorded by the Swiss authorities, SEM must contact the state that recorded the data within 14 days and must transmit the application to it. SEM shall notify the person concerned of the transmission of the application.

It shall process requests for information, correction or deletion immediately.

It shall immediately confirm to the person concerned in writing that it has corrected or deleted the data. If it is not prepared to correct or delete the data, it shall provide reasons for this.

Art. 32 Duty to provide information

When procuring personal data on the applicant, including biometric data, the applicant shall be notified in writing of the following:⁶⁵

⁶⁶ the identity and contact details of the data controller;
the purpose of processing the data in ORBIS and in the C-VIS;
⁶⁷ the recipients or the categories of recipient to whom their personal data will be disclosed;
the duration of the storage of data in ORBIS and in the C-VIS;
that the recording of the data is required to assess the application;
that he or she has a right to information, correction and deletion, the procedure for asserting these rights and how to contact the Federal Data Protection and Information Commissioner (FDPIC).

The natural person or legal entity that has invited the applicant or must bear the costs of subsistence during his or her stay shall also receive the information under paragraph 1.

Art. 33 Liability

Liability for loss or damage in connection with the operation of ORBIS is governed by the Government Liability Act of 14 March 1958 ⁶⁸ , and in particular by its Articles 19 a –19 c , which apply mutatis mutandis.

Section 3 Data Security, Advice on Data Protection and Supervision of Data Processing

Art. 34 Data security

Data security is governed by:

⁶⁹ the DPO⁷⁰;
⁷¹ the Information Security Ordinance of 8 November 2023⁷²;
⁷³ ...

Art. 35 Statistics

In order to fulfil its statutory duties, SEM shall periodically compile statistics based on the data recorded in ORBIS.

It shall publish the most important statistics.

On request, it may provide authorities, private individuals or organisations with additional statistics that they require.

In consultation with the Swiss Federal Statistical Office, it may also compile statistics on the C-VIS. The access rights for this purpose are specified in Annex 3 adopted.

The statistics may not permit conclusions to be drawn as to the persons concerned.

Art. 36 Advice on data protection

The data protection officer for the FDJP shall provide support to ensure compliance with the data protection regulations. He or she shall coordinate with the federal offices involved so that they fulfil their duties under paragraph 2. ⁷⁴

The data protection officers for the federal offices involved shall in their particular field ensure:

that the persons processing data are properly informed;
that these persons are properly trained;
that the required checks are carried out;
that defects are rectified rapidly;
that the FDJP data protection officer is notified of the need for coordination.

Art. 37 Supervision of data processing

The cantonal data protection authorities and the FDPIC shall work together within the limits of their respective responsibilities and coordinate supervision of the processing of personal data.

The FDPIC shall work with the European Data Protection Commissioner in fulfilling his duties; it is the national contact point for such matters.

It is the national authority under Article 41 paragraph 1 EU VIS Regulation ⁷⁵ and Articles 8 paragraph 5 and 11 EU VIS Decision ⁷⁶ . It is responsible for fulfilling the duties set out in these articles.

Chapter 6 Final Provisions

Art. 38 Repeal of another enactment

The Visa Information System Ordinance of 6 July 2011 ⁷⁷ is repealed.

Art. 39 Amendment of another enactment

The amendment of another enactment is regulated in Annex 4.

Art. 40 Commencement

This Ordinance comes into force on 20 January 2014.

Annex 1

(Art. 2 let. c and d)

1. Schengen Association Agreements

The Schengen Association Agreements comprise:

the Agreement of 26 October 2004⁷⁸ between the Swiss Confederation that European Union and the European Community on the association of that State with the implementation, application and development of the Schengen Acquis (SAA);
the Agreement of 26 October 2004⁷⁹ in the form of an exchange of letters between the Council of the European Union and the Swiss Confederation on the Committees that assist the European Commission in the exercise of its executive powers;
Arrangement of 22 September 2011⁸⁰ between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen Acquis;
the Agreement of 17 December 2004⁸¹ between the Swiss Confederation that Republic of Iceland and the Kingdom of Norway on the Implementation, Application and Development of the Schengen Acquis and on the Criteria and Procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway;
the Agreement of 28 April 2005⁸² between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of those parts of the Schengen Acquis that are based on the provisions of Title IV of the Treaty establishing the European Community;
the Protocol of 28 February 2008⁸³ between the Swiss Confederation that European Union that European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation that European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen Acquis.

2. Dublin Association Agreements

The Dublin Association Agreements comprise:

the Agreement of 26 October 2004⁸⁴ between the Swiss Confederation and the European Community on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in a member state or in Switzerland (DAA);
the Agreement of 17 December 2004⁸⁵ between the Swiss Confederation that Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen Acquis and on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway;
the Protocol of 28 February 2008⁸⁶ between the Swiss Confederation that European Community and the Principality of Liechtenstein to the Agreement between the Swiss Confederation and the European Community on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in a member state or in Switzerland;
the Protocol of 28 February 2008⁸⁷ between the Swiss Confederation that European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation and the European Community on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in a member state or in Switzerland.

Annex 2⁸⁸

(Art. 5 para. 1, 6 para. 1 and 10 para. 2)

Access rights in ORBIS

Legend

Access levels

Online consultations
Processing of data and transmission to the C-VIS under the EU VIS Regulation⁸⁹
No access

Organisational units

Swiss representations abroad and the Swiss Mission to the UN in Geneva:
Per St: Peripatetic staff with decision-making powers in relation to visa applications
Loc St: Local staff without decision-making powers
Federal Office of Justice: International Mutual Assistance Unit, Private Law Division
Federal Administrative Court: third, fourth and fifth divisions
Federal Department of Foreign Affairs: State Secretariat, Consular Directorate and Directorate of Political Affairs
Federal Tax Administration
Federal Office for Customs and Border Security, including the Prosecution Directorate
Federal Office of Police: Legal Services Section, Federal Criminal Police (FCP), Interpol National Central Bureau, operations centre, Identity Documents and Central Offices Division, Biometric Identification Division, MROS Section, Search and Supervision Division
Cantonal, regional and communal migration authorities
Federal and cantonal bodies that carry out checks and issue visas on the Schengen external border and on Swiss sovereign territory
Cantonal and communal police authorities carrying out duties under the law on foreign nationals on Swiss sovereign territory
Cantonal, regional and communal migration authorities
Federal Intelligence Service
State Secretariat for Migration:
I: Information Technology Section and Statistics Service, Admission and Residence Section and Entry Section
II: Registrar's Office, Asylum Division, Employment Market Admission Section
Civil register offices, their supervisory authorities and the Federal Civil Status Office
Central Compensation Office

Type of data field	SEM I	SEM II	MIGRA	BORPO	CAPO	CRO	Fedpol	NDB	FAC	RA Per St	RA Loc St	FDFA	CCO	FOJ	FTA	FOCBS
I. Data relating to the application
Application number	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Status information: Application submitted	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
On behalf of another Schengen state (yes/no)	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Name and address of authority	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Surnames	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Forenames	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Date of birth	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Place of birth	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Current nationality and nationality at birth	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Country of birth	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Sex	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Type of travel documents	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Issuing authority	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Number of document	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Date of issue and expiry	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Place and date of application	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Host or guarantor (surnames, forenames, address); if company or organisation: name and address of the company or organisation, surname and first name of contact person in the company/organisation	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Destination states in the Schengen area	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Planned duration of stay or transit journey	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Main purpose of journey	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Planned date of entry to and exit from the Schengen area	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Schengen state of first entry	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Applicant's home address	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Current occupation and employer; for students: name the educational institution	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
For minors: surname and first name of the person with parental custody or of guardian	B	A	B	B	A	A	A	A	A	B	B	B	A		A	A
Applicant's photograph	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Applicant's fingerprints	B		B	B						B	B	B
II. Data for issue of visa
Status information: issued	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Place and date of decision	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
On behalf of another Schengen state (yes/no)	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Name and address of authority	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Area into which the visa holder may travel under the Visa Code⁹⁰	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Number of entries permitted during the term of validity	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Term of validity of the visa: commencement date and expiry date	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Visa category	B	A	B	B	A	A	A	A	A	B	A	A	A	A	A	A
Visa vignette number	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Visa issued on separate form (yes/no)	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Visa vignette completed by hand	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
III. Data in the event of non-continuation of assessment of the application
Status information: discontinued	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Place and date of decision	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Name and address of authority	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Schengen state responsible for assessing the application	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
IV. Data in the event of refusal of the visa
Status information: refused	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
On behalf of another Schengen state	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Place and date of decision	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Name and address of authority	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Reasons for refusal	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
V. Data in the event of annulment or revocation of a visa
Status information: annulled, revoked	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Place and date of decision	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Name and address of authority	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
New expiry date	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Reasons for annulment or revocation	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
VI. Data in the event of extension of a visa
Status information: extended	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Place and date of decision	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Name and address of authority	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Commencement and expiry date of the extension	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Visa vignette number of the extended visa	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Extended duration of the permitted stay	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Area into which the visa holder may travel where the extended visa is valid for different territory from the original visa	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Category of the extended visa	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Reasons for the extension	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
Other
Linked application data files (relatives: spouse, children)	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Linked application data files (group)	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Successive application data files from the applicant	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
VII. Useful data for the Swiss authorities
Date of issue of guarantee bond (letter of undertaking)	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Personal details and occupation of family members	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Relationship with citizens of EU/EFTA	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Marital status	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Form of cover for costs of stay	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Guarantee bond (yes/no)	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Temporary exception notice	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
ZEMIS personal ID	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Duration of stay permitted by visa (> 90 days)	B	A	B	B	A	A	A	A	A	B	B	B	A	A	A	A
Visa notice	B	A	B	B	A	A	A	A	A	B	A	B	A	A	A	A
VIS Mail dossier (notices)	B		B	B						B	A	B
Annexes relating to the applicant⁹¹	B		B	B						B	A	B
Visa charges and expenses	B		B	B						B	B	B

Annex 3⁹²

(Art. 11 para. 3 and 35 para. 4)

Access rights in relation to C-VIS