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Foreign Nationals and Integration Act (FNIA)

Art. 111iFNIA from 2022

Art. 111i Foreign Nationals and Integration Act (FNIA) drucken

Art. 111i Eurodac (1)

1 The border posts and the police authorities in the cantons and communes shall immediately obtain a full set of fingerprints from any foreign national who is over the age of 14, if the person concerned, has entered Switzerland illegally and has not been returned.

  • a. enters Switzerland illegally from a state that is not bound by any of the Dublin Association Agreements;
  • b. has not been returned or has with a view to deportation been under arrest or in detention for the entire period between their apprehension and their removal.
  • 2 In addition to the fingerprints, the following data shall be obtained:

  • a. the place and date of apprehension in Switzerland;
  • b. the sex of the apprehended person;
  • c. the date on which the fingerprints were taken;
  • d. the Swiss code number for the fingerprints;
  • e. the date on which the data was transmitted to the Central Unit.
  • f. the user password.
  • 3 The data recorded under paragraphs 1 and 2 shall be transmitted to the Central Unit within 72 hours of the person concerned being apprehended. If the person concerned is held in detention for longer than 72 hours, the data must be transmitted before they are released.

    4 If the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the Central Unit within 48 hours of fingerprints of acceptable quality being taken. If it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the Central Unit within 48 hours of the impediment ceasing to apply.

    5 If the transmission of data is prevented by serious technical problems, an additional period of 48 hours shall be allowed in order to take the measures required to ensure that the system operates correctly again.

    6 The border posts and the immigration and police authorities in the cantons and communes may obtain a full set of fingerprints from any foreign national who is over the age of 14 and who is residing illegally in Switzerland in order to establish whether they have already made an application for asylum in another state that is bound by any of the Dublin Association Agreements.

    7 The data obtained in accordance with paragraphs 1, 2 and 6 shall be transmitted to SEM for passing on to the Central Unit.

    8 The data transmitted in accordance with paragraphs 1 and 2 shall be stored by the Central Unit in the Eurodac database and shall be automatically erased 18 months after the fingerprints are taken. SEM shall immediately request the Central Unit to erase the data before this date as soon as it is notified that the foreign national concerned:

  • a. has been granted a residence permit in Switzerland;
  • b. has left the sovereign territory of the states that are bound by any of the Dublin Association Agreements;
  • c. has been granted citizenship of a state that is bound by any of the Dublin Association Agreements.
  • 9 Articles 102b–102g AsylA (2) apply to the procedures under paragraphs 1–8.

    (1) Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
    (2) SR 142.31

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