Commentaries: Art. 109b

SEM shall operate a national visa system (ORBIS). The system is used to register visa applications and issue visas granted by Switzerland. In particular, it contains the data transmitted via the national interface (N-VIS) to the C-VIS.¹
ORBIS contains the following categories of data on visa applicants:²
1. alphanumerical data on the applicant and on the visa that has been applied for, granted, denied, cancelled, revoked or extended;
2. the applicants' photographs and fingerprints;
3. the links between certain visa applications;
4. ³ the data from RIPOL and from the ASF-SLTD to which the visa authorities have access;
5. ⁴ the data from SIS to which the visa authorities have access, provided an alert has been issued under Regulation (EU) 2018/1861⁵or Regulation (EU) 2018/1860⁶.
ORBIS also contains a subsystem with the files on the visa applicants in electronic form.⁷
The following authorities may enter, modify and delete data in ORBIS in order to carry out their tasks under the visa procedure:
1. SEM;
2. Swiss representations abroad and missions;
3. the cantonal migration authorities responsible for visas and the communal authorities to which the cantons have delegated these responsibilities;
4. the State Secretariat and the Directorate of Political Affairs of the FDFA;
5. the Federal Office for Customs and Border Security (FOCBS) and the cantonal police authorities: in order to issue exceptional visas.⁸
The authorities referred to in paragraph 3 must enter and process the data of visa applicants transmitted to C-VIS in accordance with Regulation (EC) No 767/2008⁹.¹⁰

Amended by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩
Amended by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩
Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023;BBl 2013 2561). ↩
Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems) (AS 2015 3023;BBl 2013 2561). Amended by Annex 1 No 1 of the FD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 22 Nov. 2022 (AS 2021 365; 2022 636;BBl 2020 3465). ↩
See footnote to Art. 68a para. 2. ↩
See footnote to Art. 68e para. 2. ↩
Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems) (AS 2015 3023;BBl 2013 2561). Amended by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩
Amended by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩
Regulation (EC) No 767/2008 of the European Parliament and the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ. L 218 of 13.8.2008, p. 60. ↩
Inserted by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩

Art. 109b

Footnotes