text: 818.101.27English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on Measures to Combat the COVID-19 epidemic in International Travel(COVID-19 Ordinance on International Travel)1of 23 June 2021 (Status as of 20 December 2021)1 RU 2021 380 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).The Swiss Federal Council,on the basis of Articles 41 paragraphs 1 and 3 and 79 paragraph 1 of the Epidemics Act of 28 September 20122 (EpidA),3ordains:2 SR 818.1013 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).Section 1 Purpose and Subject Matter  Art. 14 1 This Ordinance aims to prevent the cross-border spread of the Sars-Cov-2 coronavirus.2 It regulates the following for persons entering Switzerland:a. the recording of contact data and any other health data required;b. the test requirement.3 It also regulates for persons who enter Switzerland from a country or region with a variant of the virus of concern, quarantine and its enforcement.4 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).Section 2 Countries and Regions with a Variant of the Virus of Concern Art. 2 1 Categorisation as a country or region with a variant of the virus of concern requires proof or the presumption that in this country or region a variant of the virus is widespread:a. that carries a higher risk of infection or causes a more severe form of the disease than the variants of the virus that are present in Switzerland; orb. that escapes detection and for which there is no defence through pre-existing immunity to the variants of the virus present in Switzerland (immune evasive).52 The list of countries and regions with a variant of the virus of concern that is immune evasive or the immune evasive status of which is unclear is provided in Annex 1 number 1.3 The list of countries and regions with a variant of the virus of concern that is not immune evasive is provided in Annex 1 number 2.4 Regions on the border with Switzerland which have close economic, social and cultural ties with Switzerland may be exempted from inclusion in the lists mentioned in paragraphs 2 and 3 even if they meet the requirements set out in paragraph 1. The regions deemed to be border regions are listed in Annex 1a.65 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).6 Amended by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).Section 3 Recording Contact Data  Art. 3 Persons subject to the requirement  1 The requirement to record contact data pursuant to Article 49 of the Epidemics Ordinance of 29 April 20157 and where necessary to record health data applies to all persons entering the country.8 2 An exemption to the requirement under paragraph 1 applies to persons who:9a. carry goods or passengers across the border in terms of their professional activities;b. travel through Switzerland without a stopover;c.10 enter the country as a cross-border commuter; ord.11 enter the country from a region listed in Annex 1a.3 The exemptions under paragraph 2 letters c and d do not apply to persons entering Switzerland with an airline or coach company that offers long-distance travel.127 SR 818.101.18 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).9 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).10 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).11 Inserted by No I of the O of 17 Sept. 2021 (AS 2021 563). Amended by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).12 Inserted by No I of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).Art. 4 Obligations of persons subject to the requirement  1 The persons specified in Article 3 must record their contact data before entry as follows:a. online by means of the platform for recording contact data for travellers13 provided by the Federal Office of Public Health (FOPH); or b.14 on the paper passenger locator forms provided by the FOPH, in duplicate.2 Persons who enter Switzerland but not as a passenger with a travel operator pursuant to Article 5 and who record their contact details on a passenger locator form must retain the form for 14 days.1513  The platform for recording contact data for travellers can be accessed at https://swissplf.admin.ch14 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).15 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).Art. 5 Obligations for travel operators   1 Rail, coach, ship or airline operators carrying passengers specified in Article 3 internationally shall ensure that passengers provide their contact data in accordance with Article 4 paragraph 1. 2 They shall send the contact data under Article 4 paragraph 1 letter b to the FOPH on request within 24 hours. 3 They shall retain the contact data for 14 days and thereafter destroy the data.4 They shall send the FOPH on request within 48 hours lists of all cross-border train, coach or ship journeys or flights that they have scheduled for the following month. 5 They shall send the contact data under Article 4 paragraph 1 letter b and the lists under paragraph 4 via the platform for travel operators16 provided by the FOPH.16  The platform for passenger transport operators can be accessed at https://swissplf.admin.chArt. 6 Duties of the FOPH and the cantons  1 The FOPH shall ensure that the contact data is available in order to enforce the provisions on the test requirement under Article 8 and the quarantine requirement under Article 9. It shall also ensure that the data is forwarded immediately to the cantons responsible for the persons entering Switzerland.172 As soon as it is notified that a person infected with Sars-CoV-2 has entered Switzerland, the FOPH shall take the following measures:a. It shall request the travel operator to provide the contact data recorded on paper relating to the persons who entered Switzerland at the same time as the person infected with Sars-CoV-2.b. It shall establish the identity of the persons who were in close contact with the person infected with Sars-CoV-2 on the basis of contact data recorded online and the contact data in accordance with letter a.c. It shall forward the processed contact data immediately to the cantons responsible for the persons entering Switzerland.3 The FOPH may delegate its duties under paragraphs 1 and 2 to third parties. In doing so, it shall ensure that data protection and data security are guaranteed.4 The FOPH or the third parties shall destroy the data one month after the entry of the persons concerned.5 The cantons shall destroy the data one month after they have received the same from the FOPH or from third parties.17 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).Section 418  Requirement to be tested before Departure 18 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).Art. 7 1 Airlines and coach companies offering long-distance journeys must inform their passengers that they must be tested for Sars-CoV-2 before departure for Switzerland and that they will only be permitted to board the aircraft or coach if they can provide a negative test result.192 Airlines must verify before departure whether a negative test result is available. The requirements for the test and for proof of testing are regulated in Annex 2a.203 Airlines and coach companies must not permit passengers who are unable to provide a negative test result to board the aircraft or coach. 4 They may carry the following passengers without these passengers being required to produce a negative test result: a. persons under 16 years of age; b. persons who can provide a medical certificate to prove that they must be transported to Switzerland as a matter of urgency on medical grounds;c.21 persons who enter Switzerland from from countries or regions that are not specified in Annex 1 number 1 and are using a Swiss airport while in transit without leaving that airport before continuing their journey;cbis.22 persons who travel through Switzerland with a coach company without leaving the coach;d. and e.23 …f. persons who provide proof in the form of a medical certificate that they are unable on medical grounds to take a Sars-CoV-2 test.5 Persons aged six and over who enter Switzerland from a country or region specified in Annex 1 number 1 must be able to provide a negative test result in accordance with paragraph 2.2419 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).20 Amended by No I of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).21 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).22 Inserted by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).23 Repealed by No I of the O of 3 Dec. 2021, with effect from 4 Dec. 2021 (AS 2021 814).24 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).Section 5  Requirement for Persons entering Switzerland to be tested, to quarantine and to report  Art. 825 Test requirement  1 Persons entering Switzerland must be able to show a negative test result. The requirements for tests and proof of testing are regulated in Annex 2a.262 Persons who are unable to provide proof of a negative test under paragraph 1 on entering Switzerland must immediately undergo one of the following tests on entry:27a. a molecular-biological analysis for Sars-CoV-2; orb.28 a Sars-CoV-2 rapid test for specialist use in accordance with Article 24a paragraph 1 of COVID-19 Ordinance 3 of 19 June 202029 unless it is based on a sample taken solely from the nasal cavity or on a saliva sample;c.30 a laboratory immunological analysis for Sars-CoV-2 antigens in accordance with Article 19 paragraph 1 letter c of the COVID-19 Certificates Ordinance of 4 June 202131.2bis The persons specified in paragraphs 1 and 2 must also take a test between the fourth and seventh day after entering Switzerland. The test and the proof of testing requirements are regulated in Annex 2a.323 Persons who test negative between the fourth and seventh day after entering Switzerland must provide the canton with a COVID-19 test certificate in accordance with the COVID-19 Certificates Ordinance of 4 June 202133. Persons who test positive must notify the canton of the test result.344 On entry into Switzerland from a country or region specified in Annex 1 number 1, paragraph 1 applies to all persons aged six or over.3525 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).26 Amended by No I of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).27 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).28 Amended by Annex No 2 of the O of 17 Dec. 2021, in force since 18 Dec. 2021  (AS 2021 881).29 SR 818.101.2430 Inserted by Annex No 2 of the O of 17 Dec. 2021, in force since 18 Dec. 2021  (AS 2021 881).31 SR 818.102.232 Inserted by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).33 SR 818.102.234 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).35 Inserted by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).Art. 936 Quarantine requirement  1 On entering Switzerland, persons who in the ten days before entry have stayed in a country or region listed in Annex 1 must travel immediately and directly to their home or to other suitable accommodation. They must remain there without leaving at any time for 10 days following their entry (quarantine on entry).372 Where a person has entered Switzerland from a country or region that does not have a variant of the virus of concern, the competent cantonal authority may take account of the duration of the person’s stay in that country or region when calculating the time to be spent in quarantine.3 Persons required to quarantine on entry who have entered Switzerland from a country that is not specified in Annex 1 number 1 may leave quarantine within 10 days provided they undergo either a molecular-biological analysis for Sars-CoV-2,  a Sars-CoV-2-rapid test for specialist use in accordance with Article 24a paragraph 1 of COVID-19 Ordinance 3 of 19 June 202038 or a laboratory immunological analysis for Sars-CoV-2 antigens in accordance with Article 19 paragraph 1 letter c of the COVID-19 Certificates Ordinance of 4 June 202139 and the result is negative. The test may be carried out at the earliest on the seventh day of quarantine. The competent cantonal authority may, in justified cases, suspend the early termination of quarantine.403bis The persons mentioned in paragraph 3 may leave quarantine in order to be tested. When doing so, they must wear a face mask and maintain a distance of at least 1.5 metres from other persons.414 Persons who leave quarantine early pursuant to paragraph 5 must wear a face mask and maintain a distance of at least 1.5 metres from other persons when outside their home or accommodation until the point in time at which quarantine under paragraph 2 would have ended.36 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).37 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).38 SR 818.101.2439 SR 818.102.240 Amended by Annex No 2 of the O of 17 Dec. 2021, in force since 18 Dec. 2021  (AS 2021 881).41 Inserted by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).Art. 9a42  Exemptions from the test and quarantine requirement  1 The following persons are exempt from the requirement to be tested under Article 8 and to quarantine from the requirement to under Article 9:a. ... 43b. persons who in the course of their professional activities transport passengers or goods across borders;c.44 …d. persons who travel through Switzerland without stopping;e. and f.45 …g. who enter Switzerland on important and immediate medical grounds;h. who enter Switzerland as cross-border commuters.2 The following persons are also exempt from the requirement to be tested in Article 8:a.46 persons under the age of 16, unless they are entering Switzerland from a country or region specified in Annex 1 number 1;b. persons who can prove that they are unable on medical grounds to take a Sars-CoV-2 test.c.47 persons who enter Switzerland from a region listed in Annex 1a, provided the country or region concerned is not listed in Annex 1 number 1.d.48 persons whose activity in Switzerland is essential to maintain the proper functioning of institutional beneficiaries in terms of Article 2 paragraph 1 of the Host State Act of 22 June 200749 and who can prove this by providing confirmation from the Federal Department of Foreign Affairs (FDFA);e.50 persons whose activity in Switzerland is essential to maintain Switzerland's diplomatic and consular relations and who can prove this by providing confirmation from the FDFA.2bis The test requirement in accordance with Article 8 paragraph 2bis does not apply to:a. persons who enter Switzerland from countries or regions that are not specified in Annex 1 number 1 and who provide proof that they have been vaccinated against Sars-CoV-2; the persons who are regarded as having been vaccinated, the duration for which the vaccination is regarded as effective and the accepted forms of proof are regulated in Annex 2;b. persons who enter Switzerland from countries or regions that are not specified in Annex 1 number 1 and who provide proof that they have been infected with Sars-CoV-2 and have recovered; the duration of the exemption and the accepted forms of proof are regulated in Annex 2.512ter The quarantine requirement in accordance with Article 9 does not apply to the following persons:a. persons whose activity in Switzerland is essential to maintaining: 1. the proper functioning of the health service,2. public security and order,3. the proper functioning of institutional beneficiaries in terms of Article 2 paragraph 1 of the Host State Act,4. Switzerland's diplomatic and consular relations;b. persons who as transit passengers have spent less than 24 hours in a country or region specified in Annex 1;c. persons who re-enter Switzerland after participating in an event in a country or region specified in Annex 1, provided they can prove that their participation and stay took place in compliance with a specific precautionary measures plan; participation in an event includes in particular participation on a professional basis in a sporting competition, cultural event or specialist conference;d. persons who enter Switzerland from a country or region specified in Annex 1 in order to participate in an event in Switzerland; participation in an event includes in particular participation on a professional basis in a sporting competition, cultural event or specialist conference;e. persons who enter Switzerland from countries or regions that are not specified in Annex 1 number 1 and who provide proof that they have been vaccinated against Sars-CoV-2; the persons who are regarded as having been vaccinated, the duration for which the vaccination is regarded as effective and the accepted forms of proof are regulated in Annex 2;f. persons who enter Switzerland from countries or regions that are not specified in Annex 1 number 1 and who provide proof that they have been infected with Sars-CoV-2 and have recovered; the duration of the exemption and the accepted forms of proof are regulated in Annex 2.523 The exemptions under paragraphs 1–2ter do not apply to persons displaying symptoms of COVID-19, unless the person concerned can provide certified medical evidence that the symptoms have a different cause.534 The competent cantonal authority may in justified cases permit further exemptions from the requirement to be tested and to quarantine or may relax certain conditions.42 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).43 Repealed by No I of the O of 1 Oct. 2021, with effect from 4 Oct. 2021 (AS 2021 591).44 Repealed by No I of the O of 3 Dec. 2021, with effect from 4 Dec. 2021 (AS 2021 814).45 Repealed by No I of the O of 3 Dec. 2021, with effect from 4 Dec. 2021 (AS 2021 814).46 Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).47 Amended by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).48 Inserted by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).49 SR 192.1250 Inserted by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).51 Inserted by No I of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).52 Originally para. 2bis. Inserted by No I of the O of 1 Oct. 2021 (AS 2021 591). Amended by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).53 Amended by No I of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).Art. 10 Requirement to report54  1 Persons who must take a test under Article 8 paragraph 3 must provide the competent cantonal authorities with the COVID-19 test certificate in accordance with the COVID-19 Certificates Ordinance of 4 June 202155 or the positive test result within two days and:56a. inform them of the number of the passenger locator form completed in accordance with Article 4 paragraph 1 letter a; orb. provide them with a copy of the paper passenger locator form in accordance with Article 4 paragraph 1 letter b.2 Persons required to quarantine on entry under Article 9 must report to the competent cantonal authority within two days of their arrival in Switzerland and must follow the instructions given by the authority.54 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).55 SR 818.102.256 Amended by No I of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).Section 6 Checks and Reports57 57 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563). Art. 11 Border control authorities58  1 The border control authorities may conduct risk-based checks on persons entering Switzerland. In doing so, they shall verify:59a.60 that the person checked has tested negative in accordance with Article 8 paragraphs 1 and 4; b. that the contact data of the person checked has been recorded in accordance with Article 4 paragraph 1.2 If the person checked is unable to produce a negative test result or show that their contact data has been recorded, the border control authority shall report the matter to the competent cantonal authority. The report shall include the details of the person checked, the time and place of the check, the address the person has specified in Switzerland, and the outcome of the check.3 The border control authorities may impose fixed penalty fines.58 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).59 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).60 Amended by No I of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).Art. 11a61 Cantons  The cantons may check that a negative test result has been provided in accordance with Article 8 paragraph 3.61 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).Art. 11b62 Obligation on private individuals to conduct checks  1 Any person who provides accommodation on a commercial basis to persons staying in Switzerland for tourist or business purposes must check whether they can provide test results pursuant to Article 8 paragraphs 1, 2bis and 4.2 Persons who are unable to provide a negative test result must be reported to the competent cantonal authority. 62 Inserted by No I of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).Section 7 Updating the Annexes  Art. 12 1 The Federal Department of Home Affairs shall update Annex 1 continuously in consultation with the Federal Department of Justice and Police, the Federal Department of Finance and the Federal Department of Foreign Affairs.2 It shall update Annex 2 in accordance with the latest scientific knowledge and in consultation with the Federal Commission for Vaccination.3 It shall update Annex 2a in accordance with the latest scientific knowledge.6363 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 563).Section 8 Final Provisions  Art. 13 Repeal and amendment of other legislation  1 The COVID-19-Ordinance on International Passenger Transport of 27 January 202164 is repealed.2 The amendment of other legislation is regulated in Annex 3.64  [AS 2021 61, 94, 276, 298, 352]Art. 14 Commencement  This Ordinance comes into force on 26 June 2021 at 00.00.Annex 165 65 Amended by No I of the FDHA O of 3 Aug. 2021 (AS 2021 465). Revised by No II of the O of 3 Dec. 2021, in force since 4 Dec. 2021 (AS 2021 814).(Art. 2 paras 2 and 3, 3 para. 1 let. a, 7 para. 4 let. c and 5, 8 para. 4, 9 paras 1 and 3, 9a para. 2 lets a and c and 2bis lets b–f, and 12 para. 1)List of countries and regions with a variant of the virus of concern66 66 If a state is on the list, this includes all its areas, islands and overseas territories, even if these are not separately listed.1. Countries and regions with a variant of the virus of concern that is immune evasive is or the immune evasive status of which is unclear (Art. 2 paras. 1 and 2) There are no entries currently on this list2. Countries and regions with a variant of the virus of concern that is not immune evasive (Art. 2 paras. 1 and 3) There are no entries currently on this listAnnex 1a67 67 Inserted by No II of the O of 1 Oct. 2021, in force since 4 Oct. 2021 (AS 2021 591).(Art. 2 para. 4, 3 para. 2 let. d and 9a para. 2 let. c)Regions bordering Switzerland Regions in Germany:– Baden-Württemberg– BavariaRegions in France:– Grand-Est– Burgundy / Franche Comté– Auvergne / Rhône-AlpesRegions in Italy:– Piedmont– Aosta Valley– Lombardy– Trentino / South TyrolRegions in Austria:– Tyrol– VorarlbergRegions in Liechtenstein:– Entire PrincipalityAnnex 268 68 Revised by No II para. 1 of the O of 17 Sept. 2021 (AS 2021 563), Annex No 3 of the O of 3 Nov. 2021 (AS 2021 653) and No II of the O of 17 Dec. 2021, in force since 20 Dec. 2021 (AS 2021 883).(Art. 9a para. 2bis lets a and b, 2ter lets e and f and 12 para. 2)Persons who have been vaccinated and who have recovered 1 Persons who have been vaccinated  1.1 Persons who have been vaccinated are persons who have received a vaccine that: a. is authorised in Switzerland and which has been administered in full in accordance with the FOPH recommendations; b. has been authorised by the European Medicines Agency for the European Union and has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was administered;c. is authorised under the WHO Emergency Use Listing and has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was administered; ord. has been shown to have the same composition as a vaccine licensed under letter a or b but marketed by a licence holder under a different name, and which has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was carried out.1.2 The vaccination is regarded as being effective for 365 days from the date on which it was administered in full; the Janssen Ad26.COV2.S / Covid-19 vaccine is regarded as being effective for 365 days from the 22nd day after it was administered in full. 1.3 Proof of vaccination may be provided in the form of a COVID-19 certificate in accordance with Article 1 letter a number 1 of the COVID-19 Certificates Ordinance of 4 June 202169 or a recognised foreign certificate in accordance with Section 7 of the COVID-19 Certificates Ordinance.1.4 Proof may also be provided in a different form from that in number 1.3. It must be a form of proof that is customary at the time. In addition to the surname, forename and date of birth of the person concerned, it must include the following information:a. the date of vaccination;b. the vaccine used.69 SR 818.102.22 Persons who have recovered  2.1 Recovery is valid for the following duration:a. when based on a molecular-biological analysis for Sars-CoV-2: from the eleventh to the 365th day after confirmation of infection;b. when based on an analysis for Sars-CoV-2 antibodies in accordance with Article 16 paragraph 3 of the COVID-19 Ordinance on Certificates of 4 June 202170: for the term of validity of the certificate concerned.2.2 Proof of recovery may be provided in the form of a COVID-19 certificate in accordance with Article 1 letter a number 2 of the COVID-19 Certificates Ordinance of 4 June 2021 or a recognised foreign certificate in accordance with Section 7 of the COVID-19 Certificates Ordinance.2.3 Proof may also be provided in a different form from that in number 2.2. It must be a form of proof that is customary at the time. In addition to the surname, forename and date of birth of the person concerned, it must include the following information:a. confirmation of the infection including the name and address of the confirming body (test centre, doctor, pharmacy, hospital);b. confirmation that isolation has been terminated or confirmation from a doctor of recovery.70 SR 818.102.2Annex 2a71 71 Inserted by No II para. 1 of the O of 17 Sept. 2021(AS 2021 563). Revised by No II of the O of 3 Dec. 2021 (AS 2021 814) and Annex No 2 of the O of 17 Dec. 2021, in force since 18 Dec. 2021 (AS 2021 881).(Art. 7 para. 2, 8 paras 1 and 2bis and 12 para. 3)Test and proof of testing requirements 1. The test procedure must be an up-to-date scientific and technical procedure, whereby:a. a molecular-biological analysis for Sars-CoV-2 may not have been taken more than 72 hours previously;b. a Sars-CoV-2 rapid test for specialist use or a laboratory immunological analysis for Sars-CoV-2 antigens may not have been taken more than 24 hours previously.2. The document showing the test result must contain the following information:a. Surname, first name and date of birth of the person tested;b. Date and time the test was carried out;c. Type of test under No 1 letter a or b;d. Test result.Annex 3 (Art. 13 para. 2)Amendment of another enactment ...7272 The amendments may be consulted under AS 2021 380.


type: legislation

jurisdiction: Switzerland

text: 818.102.2English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.Ordinance on Certificates to Prove COVID-19 Vaccination, COVID-19 Recovery or a COVID-19 Test Result(COVID-19 Certificates Ordinance)of 4 June 2021 (Status as of 10 January 2022)The Swiss Federal Council,based on Article 6a paragraphs 1, 4 and 5 of the COVID-19 Act of 25 September 20201,ordains:1 SR 818.102Section 1 Subject Matter  Art. 1 This Ordinance regulates:a. the form, content, issuance and revocation of the following COVID-19 certificates to prove:1. vaccination against COVID-19 (COVID-19 vaccination certificate),2. recovery from Sars-CoV-2 infection (COVID-19 recovery certificate),3. a negative result following Sars-CoV-2 test analysis (COVID-19 test certificate);4.2 that the holder can neither be vaccinated nor tested on medical grounds (COVID-19 exemption certificate);b. the specifications for verifying these certificates;c. the recognition of corresponding foreign certificates;d. the information systems operated by the Confederation in connection with these certificates;e. the apps offered by the Confederation for certificate holders and checkers;f. the tasks of the cantons in connection with issuing and revoking certificates;g.3 the payment of costs by requesting persons.2 Inserted by No I of the O of 3 Nov. 2021, in force since 10 Jan. 2022 (AS 2021 653, 813).3 Inserted by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).Section 2 Issuance, Form and Revocation of COVID-19 Certificates  Art. 2 Request  Any person wishing to obtain a COVID-19 certificate must submit a request to an issuer specified in Article 6 or 7.Art. 3 Information and identification of the requesting person  1 The issuer shall inform the requesting person about:a. the type and extent of the data processing required to create and sign the COVID-19 certificate;b. the conditions under which the issued certificate is revoked.2 The issuer shall verify the identity of the requesting person, with presentation of an identity document for this purpose where necessary.Art. 4 Retrieval of the COVID-19 certificate from the system for issuing COVID-19 certificates  1 The issuer shall transmit the information to be included in the certificate to the system operated by the Federal Office of Information Technology, Systems and Telecommunication (FOITT) for issuing COVID-19 certificates in accordance with Article 26.2 The system generates the certificate. It shall transmit it to the issuer, provided the issuer is responsible for transmitting or delivering the certificate to the requesting person.Art. 5 Transmission or delivery of the COVID-19 certificate to the requesting person  1 The issuer shall ensure the rapid and secure transmission or delivery of the COVID-19 certificate to the requesting person.2 The issuer is responsible for compliance with data protection requirements during transmission and delivery. In particular, it must be ensured that third parties are unable to obtain knowledge of the information contained on the certificate.3 The Confederation may propose to the cantons that it take care of printing the certificates in hard copy and transmitting certificates to requesting persons.4 It shall charge the cantons for the costs of printing and transmitting COVID-19 vaccination certificates of people vaccinated from 15 July 2021 onwards.44 Inserted by No I of the O of 30 June 2021, in force since 3 July 2021 (AS 2021 410).Art. 6  General provisions concerning the issuers of COVID-19 certificates  1 The cantons and the Surgeon General shall designate the respective issuers for the various types of COVID-19 certificates.2 Issuers shall be natural persons who:a. have the necessary expertise to assess the requirements for issuing certificates;b. use IT systems and products that allow issuers to be uniquely identified and securely authenticated;c. guarantee compliance with the applicable law and in particular with this Ordinance.3 The cantons and the Surgeon General shall notify the FOITT of the designated issuers. Notification shall include the following information:a. first name, surname, address, email address and telephone number of the issuer;b. details of the identification provider used and the identifier this provider uses to identify the person concerned;c. details of which certificates the issuer is authorised to issue;d. the date on which designation becomes valid and expires.4 The designated issuers may call on the services of other persons to whom they have the right to give instructions in order to issue certificates. They shall be responsible for the acts and omissions of these persons.5 The cantons and the Surgeon General shall supervise the issuance and revocation of certificates by the issuers in accordance with the applicable federal and cantonal regulations.6 They shall revoke such designation if there are clear indications that the issuer no longer meets the requirements. They shall notify the FOITT of the revocation of a designation.Art. 7 Issuers with more extensive rights  1 The cantons and the Surgeon General shall ensure that in the following cases requests for a COVID-19 vaccination certificate or COVID-19 recovery certificate pursuant to Article 16 paragraph 1 are processed, even if an issuer under Article 6 has no access to the relevant medical history or primary documentation for this purpose:5a. if the person received the vaccination or recovered from the illness in Switzerland;b. if the person received the vaccination or recovered from the illness abroad:1. in the case of Swiss citizens,2. in the case of foreign nationals who are entitled to enter Switzerland under Article 4 of the COVID-19 Ordinance of 19 June 20206 and can credibly demonstrate that they are planning to enter Switzerland or are already in Switzerland.72 They shall designate at least one issuer for dealing with such requests.3 The request for issuance of a COVID-19 vaccination certificate or COVID-19 recovery certificate under paragraph 1 must be submitted in an official language of the canton, in English or an officially certified translation into one of these languages must be provided together with the documents listed in Articles 13 paragraph 2 letter c and 16.84 If there is any doubt as to whether the documents submitted are genuine, the issuer may:a. demand that the requesting person: 1. appear in person,2. submit officially certified documents,3. submit the information or documents required to assess the request;b. obtain further information from the competent foreign authorities in compliance with Article 62 of the Epidemics Act of 28 September 20129.105 If there is still doubt as to whether the documents submitted are genuine despite taking the foregoing measures, the issuer may decline the request. In such an event, the requesting person is not entitled to a refund of any fee paid.115 Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).6 SR 818.101.247 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 564).8 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 564).9 SR 818.10110 Inserted by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).11 Inserted by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).Art. 8 Automated procedure for issuing COVID-19 recovery certificates  1 For the purpose of issuing COVID-19 recovery certificates, the cantons may use an automated procedure to retrieve information on the requesting person's recovery from the information system in accordance with Article 60 of the Epidemics Act of 28 September 201212 and compare it with the information in the request.2 For this purpose, they may provide the requesting person with an electronic request form supplied by the Confederation.3 If the comparison with the data retrieved from the information system shows that the requirements for issuing a certificate are met, the system for issuing COVID-19 certificates (Art. 26) shall generate the certificate.4 If the result of the comparison is unclear or negative, the competent cantonal body shall contact the requesting person and manually check whether the requirements for issuing a certificate are met.5 The cantons shall ensure that the requesting person may also submit the request in hard copy or in any other suitable form.12 SR 818.101Art. 9 Form of the COVID-19 certificates  1 The requesting person may choose to have the COVID-19 certificate issued in hard copy or electronic format.2 The COVID-19 certificates bear a regulated electronic seal of the Federal Office of Public Health (FOPH) as the means of verification of the authenticity and integrity of the information.3 Both forms of certificate display the content as a human-readable text and two-dimensional machine-readable code (barcode). However, the barcode and the data stored in it in sealed electronic format are also considered to be a certificate.4 Certificates are issued in an official language of the Confederation as chosen by the requesting person and in English.5 They contain a unique certificate identifier.Art. 10 Revocation of COVID-19 certificates  1 The issuers specified in Articles 6 and 7 and the competent cantonal authorities shall revoke a COVID-19 certificate at the request of the holder if the holder credibly demonstrates that:a. the certificate contains incorrect information; orb. errors have repeatedly occurred when verifying the authenticity, validity or integrity of the certificate.2 A revocation request must contain the following:a. the unique certificate identifier;b. information on the identity of the holder, insofar as is necessary to assess the grounds for revocation in accordance with paragraph 1, as well as the further details required to assess the grounds for revocation.3 Even in the absence of a request, issuers are obliged without delay to revoke the certificates they have issued which do not meet the requirements of this Ordinance or which attest to facts which turn out to be incorrect.4 The FOITT and the competent cantonal authorities shall revoke certificates in the issuer's place if the issuer fails to do so within a reasonable period in accordance with paragraphs 1 or 3.5 Issuers, the FOITT and the competent cantonal authorities shall revoke certificates in the system for issuing COVID-19 certificates (Art. 26), which shall transmit the identifiers of the revoked certificates to the system for retrieving revoked certificates (Art. 27).6 Issuers, the FOITT and the competent cantonal authorities shall document the revocation of certificates with the following information:a. the unique certificate identifier;b. information that makes it clear why the decision to revoke the certificate was made.1313 Inserted by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 564).Art. 11 Free of charge  1 The requesting person shall not be charged for the issuance or revocation of COVID-19 certificates with the exception of the cases specified in paragraph 2 and Article 26a paragraph 3.142 The cantons may make provision for issuers to charge an appropriate share of the cost in the following cases:a. when a certificate has to be reissued repeatedly due to loss;b. when issuing a certificate to persons in accordance with Article 7 paragraph 3 who do not have a place of residence in the canton concerned or, in the case of Swiss citizens living abroad, do not have their last place of residence or their home commune in the canton concerned.1514 Amended by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).15 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 AS 2021 564).Section 3  General Content of All COVID-19 Certificates  Art. 12 1 All COVID-19 certificates shall contain the following information in accordance with Annex 1:a. details of the identity of the holder;b. details of the electronic seal issuer;c.16 ...2 COVID-19 certificates in human-readable form shall also contain the following information:a. a general statement on the meaning of the certificate in accordance with Annex 1 number 3;b.17 in the case of a COVID-19 vaccination certificate pursuant to Article 15 paragraph 318, a COVID-19 recovery certificate pursuant to Article 16 paragraph 3 or a COVID-19 Exemption Certificate pursuant to Article 21a19: a reference to the certificate being valid for a limited period and only in certain geographical areas in accordance with Annex 1 number 4.2016 Repealed by No I of the O of 3 Nov. 2021, with effect from 16 Nov. 2021 (AS 2021 653).17 Correction of 24 Nov. 2021 (AS 2021 750).18 Words in force since 30 Nov. 2021 (AS 2021 653, 750).19 Words in force since 10 Jan 2022 (AS 2021 653, 750, 813 No V).20 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).Section 4  COVID-19 Vaccination Certificates  Art. 13 Requirements  1 A COVID-19 vaccination certificate shall be issued for vaccines that:a. are authorised in Switzerland;b. are authorised by the European Medicines Agency for the EU in accordance with Regulation (EC) No 726/200421;c. are authorised in accordance with the WHO Emergency Use Listing; ord. can be shown to have the same composition as a vaccine authorised in accordance with letters a, b or c, but which is marketed by the licence holder under another name (licensed products).222 A COVID-19 vaccination certificate shall be issued for each dose:a. at the time of vaccination;b. subsequent to the vaccination if the administration of the vaccine, including the information in accordance with Article 14, is evident from the medical history or primary documentation that the issuer has on the person requesting the certificate;c. subsequent to the vaccination if no medical history or primary documentation is available and the administration of the vaccine, including the information in accordance with Article 14, can be reliably established from one of the following supporting documents:1. an international certificate of vaccination in accordance with the model in Annex 6 to the International Health Regulations (2005) of 23 May 200523, indicating the vaccine administered and bearing the signature and stamp of the body responsible,2. confirmation of vaccination issued by a cantonal vaccination centre,3. a vaccination record indicating the vaccine administered and bearing the signature or stamp of the body responsible in Switzerland,4. any other Swiss or foreign document equivalent to one of the documents mentioned in numbers 1 to 3.2bis ...242ter In the case of vaccines and their licensed products that are not authorised for Switzerland nor for the EU but which are permitted under the WHO Emergency Use Listing, a certificate may be issued to persons in the following categories provided the person concerned attends in person at the issuer's office:a. Swiss citizens;b. foreign nationals holding a short stay permit, residence permit, settlement permit or cross-border commuter permit in accordance with Articles 32–35 of the Foreign Nationals and Integration Act of 16 December 200525 (FNIA);c. persons temporarily admitted under Article 83 paragraph 1 FNIA;d. persons requiring protection in accordance with Article 66 of the Asylum Act of 26 June 199826;e. persons seeking asylum who hold a permit or confirmation of their status in accordance with Article 30 of Asylum Ordinance 1 of 11 August 199927;f. holders of a legitimation card in accordance with Article 17 of the Host State Ordinance of 7 December 200728;g. holders of a Ci permit in accordance with Article 22 paragraph 3 of the Host State Ordinance.293 COVID-19 certificates in accordance with paragraph 2 letter c may only be issued by the issuers specified in Article 7 if the person concerned has been vaccinated in full in accordance with Annex 2 number 3.3021  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, OJ L 136, 30.4.2004, p. 1; last amended by Regulation (EU) No 2019/5, OJ L 4, 7.1.2018, p. 24.22 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 564).23 SR 0.818.10324 Inserted by No I of the O of 17 Sept. 2021 (AS 2021 564). Repealed by No I of the O of  3 Nov. 2021, with effect from 16 Nov. 2021 (AS 2021 653).25 SR 142.2026 SR 142.3127 SR 142.31128 SR 192.12129 Inserted by No I of the O of 17 Sept. 2021 (AS 2021 564). Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).30 Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).Art. 1431 Content  In addition to the general content of all COVID-19 certificates, COVID-19 vaccination certificates shall contain the details in accordance with Annex 2 on the COVID-19 vaccination carried out, and in particular whether the vaccine has been administered in full.31 Amended by No I of the O of 30 June 2021, in force since 3 July 2021 (AS 2021 410).Art. 15 Validity  1 The start and duration of the validity of COVID-19 vaccination certificates are governed by Annex 2.2 The period of validity begins at the earliest on the day on which the final dose is administered, provided the vaccine is administered in full in accordance with the requirements of Annex 2.323 In the case of persons that do not belong to any of the categories specified in Article 13 paragraph 2ter, COVID-19 vaccination certificates for vaccines and their licensed products that are neither authorised for Switzerland nor for the EU but which are permitted under the WHO Emergency Use Listing are valid only in Switzerland and for a maximum of 30 days from issuance; the validity of such certificates otherwise ends in accordance with the provisions of Annex 2 number 1.2.3332 Amended by No I of the O of 30 June 2021, in force since 3 July 2021 (AS 2021 410).33 Inserted by No I of the O of 3 Nov. 2021, in force since 30 Nov. 2021 (AS 2021 653).Section 5  COVID-19 Recovery Certificates  Art. 16 Requirements  1 A COVID-19 recovery certificate shall be issued when a person has been infected with Sars-CoV-2 and has recovered. The finding that the person has been infected with the virus must be based on the positive result of a molecular-biological analysis for Sars-CoV-2.2 A request for the issuance of a COVID-19 certificate that cannot be processed under the automated procedure for issuing COVID-19 recovery certificates pursuant to Article 8 must be accompanied by the following documents:a. proof of a positive molecular-biological analysis for Sars-CoV-2 that includes the following information:1. the requesting person's surname, first name and date of birth,2. the date and time at which the sample was taken,3. the name and address of the test centre or the institution where the test was carried out;b. confirmation of termination of isolation or a medical certificate confirming recovery from a competent authority with official duties, including the name and address of this authority.343 A COVID-19 recovery certificate shall be issued to persons who have tested positive for Sars-CoV-2 antibodies provided:a. the sample was taken in Switzerland by a facility specified in Annex 6 number 1.3.2 letter a of the COVID-19 Ordinance 3 of 19 June 202035;b. the analysis was carried out in Switzerland by a facility specified in Annex 6 number 1.3.2 letter b COVID-19 Ordinance 3;c. the sample was taken after 15 November 2021;d. a clearly positive serology was detected by analysis using a CE-marked certified immunoassay in the form of a quantifiable result.364 COVID-19 recovery certificates pursuant to paragraph 3 may only be issued by a facility specified in Annex 6 number 1.3.2 letter a of the COVID-19 Ordinance 3 or by a facility specified in Annex 6 number 1.3.2 letter b of the COVID-19 Ordinance 3 that has been instructed by a facility specified in Annex 6 number 1.3.2 letter a of the COVID-19 Ordinance 3 to carry out the analysis.3734 Inserted by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).35 SR 818.101.2436 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).37 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).Art. 1738 Content  In addition to the general content of all COVID-19 certificates, COVID-19 recovery certificates shall specify that the holder contracted COVID-19 or tested positive for COVID-19 antibodies, as well as the dates on which the samples were taken and the analyses in accordance with Annex 3 number 2 were carried out.38 Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).Art. 18 Validity  1 The start and duration of the validity of COVID-19 recovery certificates are governed by Annex 3.2 A COVID-19 recovery certificate pursuant to Article 16 paragraph 1 shall be valid at the earliest from the eleventh day after infection was confirmed by the positive result of a molecular-biological analysis for Sars-CoV-2.393 A COVID-19 recovery certificate pursuant to Article 16 paragraph 3 shall be valid at the earliest from the day on which the sample was taken.404 COVID-19 recovery certificates pursuant to Article 16 paragraph 3 are only valid in Switzerland.415 COVID-19 recovery certificates pursuant to Article 16 paragraph 1 shall contain an expiry date that is compatible with the requirements of Regulation (EU) 2021/95342. Under Annex 3 number 1.2 letter a, they may remain valid beyond the date specified.4339 Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).40 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).41 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).42  Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, Amended by OJ L 211 of 15.6.2021, p. 1.43 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).Section 6  COVID-19 Test Certificates  Art. 19 Requirements  1 A COVID-19 test certificate shall be issued in the event of a negative result of:a. a molecular-biological analysis for Sars-CoV-2;b.44 a Sars-CoV-2 rapid test for specialist use in accordance with Article 24a of the COVID-19 Ordinance 3 of 19 June 202045, unless it is based on a sample taken only from the nasal cavity or on a saliva sample.c.46 a laboratory immunological analysis for Sars-CoV-2 antigens, provided: 1. the analysis was carried out by a laboratory licensed under Article 16 of the Epidemics Act of 28 September 201247,2. the test is authorised in EU for issuing an EU digital COVID certificate,3. the sample was taken by a facility specified in Annex 6 number 1.4.3 letter a of the COVID-19 Ordinance 3, and4. the test is not based on a sample taken solely from the nasal cavity or on a saliva sample.1bis The FOPH shall maintain an updated list of Sars-CoV-2 rapid tests in accordance with paragraph 1 letter b of laboratory immunological analyses for Sars-CoV-2 antigens in accordance with paragraph 1 letter c, and publish it on its website.481ter In derogation from paragraph 1, no certificates shall be issued for analyses for Sars-Cov-2 in respect of which the Confederation pays the costs in accordance with Annex 6 numbers 1.1.1 letters a–e h, i number 1 and j, 1.2.1, 1.4.1 letters a–e, h number 1, i and m, 2.1.1 letter c, 2.2.1 letter c, 3.1.1 letter c and 3.2.1 letter c of the COVID-19 Ordinance 3.492 Requests for test certificates may be submitted at the latest when the sample is taken.44 Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).45 SR 818.101.2446 Inserted by Annex No 3 of the O of 17 Dec. 2021, in force since 18 Dec. 2021  (AS 2021 881).47 SR 818.10148 Inserted by No I of the O of 30 June 2021 (AS 2021 410). Amended by Annex No 3 of the O of 17 Dec. 2021, in force since 18 Dec. 2021 (AS 2021 881).49 Inserted by No IV of the O of 25 Aug. 2021 (AS 2021 507). Amended by No III of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 594).Art. 20 Content  In addition to the general content of all COVID-19 certificates, COVID-19 test certificates shall contain information on the test carried out in accordance with Annex 4.Art. 21 Validity  1 COVID-19 test certificates shall be valid from the time they are issued.2 The duration of validity is governed by Annex 4.3 It shall be a maximum of 72 hours from the time the sample was taken.Section 6a50  COVID-19 Exemption Certificates 50 Inserted by No I of the O of 3 Nov. 2021, in force since 10 Jan. 2022 (AS 2021 653, 813). Art. 21a Requirements  A COVID-19 exemption certificate shall be issued to persons who can neither be vaccinated nor tested on medical grounds. Proof must be provided in the form of a medical certificate from a doctor based in Switzerland who is authorised to practise their profession under their own professional responsibility in accordance with the Medical Professions Act of 23 June 200651.51 SR 811.11Art. 21b Content  In addition to the general content of all COVID-19 certificates, COVID-19 exemption certificates shall contain the information specified in Annex 4a numbers 2 and 3, in machine-readable form, and in particular the statement that the holder may be subject to alternative protective measures.Art. 21c Validity  1 The start and duration of the validity of COVID-19 exemption certificates is governed by Annex 4a number 1.2 Validity begins at the earliest on the day on which the medical certificate is issued stating that the person concerned can neither be vaccinated nor tested on medical grounds.3 COVID-19 exemption certificates are valid only in Switzerland.Section 7  Foreign Certificates  Art. 22 Recognition of certificates issued by an EU member state or an EFTA state  1 The recognised vaccination, recovery and test certificates issued by a member state of the European Union (EU) or a state of the European Free Trade Association (EFTA) are listed in Annex 5.2 The Federal Department of Home Affairs (FDHA) shall update Annex 5 continuously in consultation with the Federal Department of Finance (FDF) and the Federal Department of Foreign Affairs (FDFA).523 It shall include in the Annex certificates that were issued in accordance with the provisions applicable in the EU and whose states of origin grant reciprocal rights. However, it may decide not to include certificates for vaccines that are not authorised for the EU by the European Medicines Agency in accordance with Regulation (EC) No. 726/200453.52 Amended by No I of the O of 1 Sept. 2021, in force since 7 Sept. 2021 (AS 2021 522).53  Regulation (EC) No. 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, OJ L 136 of 30.04.2004, p. 1; last amended by Regulation (EC) No. 2019/5, OJ L 4 of 7.1.2018, p. 24.Art. 23 Recognition of other foreign certificates  1 The recognised foreign certificates attesting vaccination, recovery or testing that have not been issued by an EU or EFTA member state are listed in Annex 5.2 As soon as the European Commission makes a decision regarding the equivalence of one or more interoperable certificates from third countries, the FDHA shall update Annex 5 accordingly. However, it shall only accept certificates from the third countries listed in Annex 5, which grant Switzerland reciprocal rights.543 It may include certificates from other states provided the following requirements are met:a. The foreign certificate contains the information specified in Article 12 and in Articles 14, 17 or 20 in conjunction with the relevant annexes.b. The information under letter a can be checked electronically for authenticity, integrity and validity.c. Requirements equivalent to those under this Ordinance apply to the issuance of the respective certificates.4 It shall delete those certificates that no longer meet the requirements from the list.54 Amended by No I of the O of 17 Sept. 2021, in force since 20 Sept. 2021 (AS 2021 564).Art. 24 Significance of recognition  Recognised foreign certificates shall be equivalent to the COVID-19 certificates issued in accordance with this Ordinance. In particular, the apps for storing and verifying certificates (Arts. 28 and 29) shall treat them as certificates issued in accordance with this Ordinance.Section 8 Federal Information Systems and Software Provided by the Confederation Art. 25 System for managing signature certificates  1 The FOITT shall operate an information system that is used to do the following with signature certificates in order to check the authenticity, integrity and validity of electronic signatures of COVID-19 certificates:a  exchange them with corresponding foreign systems, particularly within the framework of the EU Digital COVID Certificate system of the European Union;b  make them available to the apps that are used to store and verify certificates.2 Signature certificates for the following COVID-19 certificates are not delivered to foreign systems:a. COVID-19 vaccination certificates pursuant to Article 15 paragraph 3;b. COVID-19 recovery certificates pursuant to Article 16 paragraph 3;c. COVID-19 exemption certificates pursuant to Article 21a paragraph 1.5555 Inserted by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021, let. a since  30 Nov. and let. c since 10 Jan. 2022 (AS 2021 653, 750, 813).Art. 26 System for issuing COVID-19 certificates  1 The FOITT shall operate an information system for generating, transmitting and revoking COVID-19 certificates.2 The personal data of requesting persons may not be retained for longer than is necessary for generating, signing and transmitting the certificate, or for revoking it.3 In order to detect and prevent misuse and for the purpose of any subsequent revocation of certificates, the system shall log which issuer retrieved which certificates and when.Art. 26a56 System for requesting COVID-19 certificates for vaccination or recovery abroad  1 The FOITT shall operate a system that can be used to submit requests under Article 7 paragraph 1 letter b and by issuers to process these requests.2 The system shall allocate the requests as follows:a. requests for the issuance of a certificate to a person resident or with place of origin in Switzerland: to the canton of residence or in the case of Swiss citizens living abroad, to the last canton of residence, or, if the person has never been resident in Switzerland, the canton in which the place of origin is located;b. requests for the issuance of a certificate to a person who does not fall under letter a: to the canton in which the person spends or plans to spend their first night in Switzerland. 3 The Confederation shall charge the issuer in advance a fee of 30 francs for processing a request for the issuance of a certificate to a person pursuant to paragraph 2 letter b. It shall pass on the revenues from this fee to the canton at the end of each quarter. Requests for which no fee has been paid may be declined. The provisions of the General Fees Ordinance of 8 September 200457 also apply.4 The requests, the documents submitted and the unique certificate identifier shall be retained for 30 days and then deleted from the system.56 Inserted by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).57 SR 172.041.1Art. 27 System for retrieving revoked certificates  1 The FOITT shall operate a system that is used to retrieve revoked certificates and contains the unique certificate identifier for this purpose.2 The list of revoked certificate identifiers shall be made available to apps used for checking and storing COVID-19 certificates.Art. 28 Storage app: General58  1 The FOITT shall provide software that the holders of COVID-19 certificates can install on their mobile telephones or similar devices and use for the secure transmission and electronic storage of the certificates.2 The following principles apply to the software:a. It may disclose the contents of certificates or make statements about it solely with the holder's consent in the individual case.b. The contents of certificates must be protected against unauthorised access by means of appropriate measures.c. The FOITT shall publish the source code and technical specifications for the software it makes available.58  Amended by No I of the O of 30 June 2021, in force since 12 July 2021 (AS 2021 410).Art. 28a59 Storage app: Retrieval of certificates with data minimisation  1 The app for storing COVID-19 certificates shall enable holders to obtain a certificate with data minimisation for use in Switzerland.2 To do so, the holder uses the app to send a COVID-19 certificate to the system for issuing COVID-19 certificates. If the certificate sent is valid, the system generates the data-minimised certificate and send it to the storage app.3 The certificate with data minimisation contains:a. the general content in accordance with Article 12 letter a and Annex 1 section 1; b. the designation of Swiss COVID-19 certificate with data minimisation;c. the expiry date.4 The period of validity of the certificate with data minimisation shall correspond to the shortest period of validity of COVID-19 test certificates in accordance with Annex 4; however, it shall end in any case when the underlying certificate expires.59  Inserted by No I of the O of 30 June 2021, in force since 12 July 2021 (AS 2021 410).Art. 29 Verification app  1 The FOITT shall provide one or more software programs that can be installed on mobile telephones or similar devices and used for the electronic verification of the authenticity, integrity and validity of COVID-19 certificates, including certificates with data minimisation, and corresponding foreign certificates.602 The following principles apply to the software programs:a. They shall verify the authenticity, integrity and validity of COVID-19 certificates without transmitting or storing personal data.b. They shall verify foreign certificates according to the rules applicable to COVID-19 certificates.c. They shall issue the result of the verification solely in the following form:1.  verification successful (green background) or unsuccessful (red background) and, if applicable, information on the reasons for the failure of verification;2.  information in accordance with Annex 1 that allows the certificate to be assigned to the holder.d. They can verify the authenticity, integrity and validity of the certificates without being connected to the internet at the time of verification; however, the verification of validity requires an updated list from the system for retrieving revoked certificates, which requires an internet connection.e. The FOITT shall publish the source code and technical specifications for the software programs it makes available.3 Any person who is shown a certificate for verification may not retain it or the information read from it or use it for any purpose other than verification. The foregoing does not apply to storing information on the period of validity of certificates at facilities that may only be accessed by persons who have personal authorisation for repeated access. The data subject must be appropriately informed about the nature and extent of the data processing and must expressly consent to that processing.6160  Amended by No I of the O of 30 June 2021, in force since 12 July 2021 (AS 2021 410).61 Amended by No I of the O of 3 Nov. 2021, in force since 16 Nov. 2021 (AS 2021 653).Art. 30 Access to the systems for issuing COVID-19 certificates and for retrieving revoked COVID-19 certificates  1 Users shall log on to the system for issuing COVID-19 certificates via the Federal Administration's central access and authorisation system for web applications. The provisions of the Ordinance of 19 October 201662 on Federal Identity Management Systems and Directory Services (IAMO) apply.2 The FOITT may go beyond Article 21 of the IAMO and connect other external IAM systems to the Confederation's IAM systems, provided these allow for secure identification.3 It may deny or revoke access especially in the event of concerns about ICT security.62 SR 172.010.59Art. 31 Federal body responsible  The FOITT is the federal body responsible under the data protection legislation for:a. the implementation of the necessary technical and organisational measures for the systems it operates;b. the apps it makes available.Art. 32 Costs of information systems and apps63  1 The Confederation shall bear the costs of the procurement and operation of the information systems, and of the provision of the apps.2 It shall not collect any fees for the use of the systems and apps.63 Amended by No I of the O of 1 Oct. 2021, in force since 11 Oct. 2021 (AS 2021 592).Section 9 Final Provisions  Art. 3364 Updating Annexes 1 to 4  In consultation with the FDF and the FDFA, the FDHA shall update Annexes 1 to 4 in accordance with the internationally harmonised standards in order to achieve interoperability with the certificates of as many states as possible and international recognition of the certificates issued in accordance with this Ordinance.64 Amended by No I of the O of 1 Sept. 2021, in force since 7 Sept. 2021 (AS 2021 522).Art. 34 Conclusion of international treaties in connection with the development and implementation of the EU Digital COVID Certificate  The FDHA shall be responsible for concluding international treaties for the adoption of delegated and implementing acts issued by the European Commission for the development and technical implementation of the EU Digital COVID Certificate.Art. 35 Commencement  This Ordinance comes into force on 7 June 2021 at 00.00 and applies until 31 December 2022.Annex 165 65 Revised by No II of the O of 30 June 2021 (AS 2021 410), of 17 Sept. 2021 (AS 2021 564), by No II para. 1 of the O of 3 Nov. 2021 (AS 2021 653) and No I of the FDHA O of 29 Nov. 2021, in force since 30 Nov. 2021 (AS 2021 785).(Arts 12, 28a para. 3 let. a, 29 para. 2 let. c No 2 and 33)General content of COVID-19 certificates 1 Details of the holder  a. Officially recorded surname and first name(s) (in that order)b. Date of birth2 Details of the country in which the vaccine was administered or the test was carried out, and details of the electronic seal issuer  a. Country in which the vaccine was administered or the test was carried out or, if this information is not available and the vaccination was administered or the test carried out by an international organisation, an internationally recognised code for this organisationb. Electronic seal issuer (Federal Office of Public Health)3 Statement for COVID-19 certificates in a human-readable form  COVID-19 certificates that are in a human-readable form must contain the following statement:“This certificate is not a travel document.The scientific evidence on COVID-19 vaccination, testing and recovery continues to evolve, also in view of new variants of concern of the virus.Before travelling, please check the applicable public health measures and related restrictions applied at the point of destination.”4 Statement for certificates that are only valid in Switzerland  “This certificate is only valid in Switzerland.”Annex 266 66 Revised by No II of the O of 30 June 2021 (AS 2021 410), by No II para. 1 of the O of  3 Nov. 2021 (AS 2021 653), No I of the FDHA O of 15 Nov. 2021 (AS 2021 669), Annex No 3 of the O of 17 Dec. 2021 (AS 2021 881) and No I of the FDHA O of 5 Jan. 2022, in force since 6 Jan. 2022 (AS 2022 2).(Arts. 14, 15 and 33)Special provisions concerning COVID-19 vaccination certificates 1 Start of validity and maximum duration  1.1 Start of validity:a. for double-dose vaccination in accordance with numbers 3.2, 3.4 and 3.5: on the day of administration of the second dose;b. for single-dose vaccination in accordance with numbers 3.1 and 3.5: on the 22nd day after administration of the dose;c. for a vaccination in accordance with the requirements of number 3.3: on the day of administration of a dose of a vaccine in accordance with numbers 3.1 and 3.2,d. in the case of additional doses: on the day the additional dose is administered.1.2 Duration of validity: a. for a vaccination in accordance with number 1.1 letter a: 365 days from the date of administration of the final dose;b. for a vaccination in accordance with number 1.1 letter b: 365 days from the 22nd day after the first dose was administered;c. for a vaccination in accordance with number 1.1 letter d: 365 days..2 Details of the vaccine administered  a.  Disease against which the vaccination was administered (COVID-19)b.  Vaccination/prophylaxis (type of vaccine/how it works) c. Immunologic agent (name of vaccine/product name)d.  Holder of the vaccine authorisation or, if not indicated for vaccine doses administered abroad, information on the manufacturer e.  Number of vaccine doses administered in a series and the total number of doses administeredf.  Date on which the final dose was administered3 Requirements for full vaccination  3.1 A person is regarded as fully vaccinated after receiving at least one dose of the Janssen Ad26.COV2.S/COVID-19 vaccine.3.2 A person is regarded as fully vaccinated after receiving at least two doses of the following vaccines: a.  BNT162b2 / Comirnaty / Tozinameran;b.  mRNA-1273 / Spikevax / Moderna COVID-19 vaccine;c.  AZD1222 / Vaxzevria / AstraZeneca COVID-19 vaccine;d. Sars-CoV-2 vaccine from the Sinopharm Beijing Institute of Biological Products (BIBP) Co., Ltd.; e. Coronavac (vaccine from Sinovac Life Sciences Co., Ltd);f. Bharat Biotech COVID-19 vaccine / Covaxin.g. Nuvaxovid / NXV-CoV2373 / Novavax.3.3 A person is regarded as fully vaccinated after receiving one dose of a vaccine specified in number 3.2, provided the person has already been infected with Sars-CoV-2. The following requirements apply when establishing that the person has been infected with Sars-CoV-2:a. The finding that the person has been infected must be based on one of the following tests:1. the positive result of a molecular-biological analysis for Sars-CoV‑2;2. the positive result of a Sars-CoV-2 rapid test for specialist use pursuant to Article 24a paragraph 1 of the COVID-19 Ordinance 3 of 19 June 202067;3. a positive analysis for Sars-CoV-2 antibodies pursuant to Article 16 paragraph 3.4. the positive result of a laboratory immunological analysis for Sars-CoV-2 antigens.b. At least 28 days must have elapsed between taking the sample and administering the vaccine.3.4 A person is regarded as fully vaccinated after receiving the following combination of vaccines:a. BNT162b2 / Comirnaty / Tozinameran and mRNA-1273 / Spikevax / Moderna COVID-19 vaccine;b. AZD1222 / Vaxzevria / AstraZeneca COVID-19 vaccine and BNT162b2 / Comirnaty / Tozinameran;c. AZD1222 / Vaxzevria / AstraZeneca COVID-19 vaccine and mRNA-1273 / Spikevax / Moderna COVID-19 vaccine.3.5 Vaccines that demonstrably have the same composition but have been placed on the market by the licence holder under a different name are deemed equivalent to the vaccines specified in numbers 3.1–3.4. Proof is considered to be provided for the following licensed vaccine products:a. Licensed products of AZD1222 / Vaxzevria / AstraZeneca COVID-19 vaccine:– Covishield / ChAdOx1_nCoV-19– COVID-19 vaccine recombinant (vaccine from the Fundação Instituto Oswaldo Cruz [FIOCRUZ])– R-Covi (vaccine from R-Pharma)b. Licensed products of Nuvaxovid / NXV-CoV2373 / Novavax:– NXV-CoV2373 / Covovax67 SR 818.101.24Annex 368 68 Revised by No II para. 1 of the O of 3 Nov. 2021 (AS 2021 653) and by No I of the O of the FDHA of 22 Nov. 2021, in force since 23 Nov. 2021 (AS 2021 721).(Arts. 17, 18 para. 1 and 33)Special provisions concerning COVID-19 recovery certificates 1 Start of validity and maximum duration  1.1 The period of validity shall begin a. for COVID-19 recovery certificates pursuant to Article 16 paragraph 1: on the eleventh day after the positive result of a molecular biological analysis for Sars-CoV-2;b. for COVID-19 recovery certificates pursuant to Article 16 paragraph 3: on the day on which the sample was taken for analysis for Sars-CoV-2 antibodies.1.2 Period of validity: a. for COVID-19 recovery certificates pursuant to Article 16 paragraph 1: 365 days from the date of the test result referred to in number 1.1 letter a;b. for COVID-19 recovery certificates pursuant to Article 16 paragraph 3: 90 days from the date on which the sample was taken in accordance with number 1.1 letter b.2 Details of the disease contracted and the date of recovery  2.1 For recovery certificates pursuant to Article 16 paragraph 1:a.  Disease from which the holder has recovered (COVID-19)b.  Date of the first positive result of a molecular-biological analysis for Sars-CoV-2 c. Start of validityd. End of validity2.2 For recovery certificates pursuant to Article 16 paragraph 3:a. Disease for which an analysis has been carried out to establish the presence of antibodies («COVID-19»);b. Date on which the sample was taken for analysis for Sars-CoV-2 antibodies;c. Finding («confirmed»);d. Facility or institution responsible for carrying out the analysis for antibodies.Annex 469 69 Revised by Annex 3 No 3 of the COVID-19 Special Situation Ordinance of 23 June 2021 (AS 2021 379), No II of the O of 30 June 2021 (AS 2021 410) and No IV of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force until 24 Jan. 2022 (AS 2021 813) and Annex No 3 of the O of 17 Dec. 2021, in force since 18 Dec. 2021 (AS 2021 881).(Arts. 20, 21 para. 2, 28a para. 4 and 33)Special provisions concerning COVID-19 test certificates 1 ...  2 Duration of validity  The duration is calculated from the time the sample is taken and is as follows: a.  for PCR tests: 72 hours;b. for Sars-CoV-2 rapid tests for specialist use: 24 hours.c. for laboratory immunological analyses for Sars-CoV-2 antigens: 24 hours.3 Details of the test carried out  a.  Disease tested for (COVID-19)b.  Type of test (PCR or Sars-CoV-2 rapid test or laboratory immunological analysis for Sars-CoV-2 antigens)c.  Name of the test (if Sars-CoV-2 rapid test or laboratory immunological analysis for Sars-CoV-2 antigens)d.  Manufacturer of the test (if Sars-CoV-2 rapid test or laboratory immunological analysis for Sars-CoV-2 antigens)e.  Date and time of the test sample collectionf.  Test result (negative)g. Test centre or institution where the test was carried outAnnex 4a70 70 Inserted by No II para. 2 of the O of 3 Nov. 2021, in force since 10 Jan. 2022  (AS 2021 653, 813).(Art. 21b and 21c)Special provisions concerning COVID-19 exemption certificates 1 Duration of validity  The certificates are valid for 365 days. 2 Information provided on COVID-19 exemption certificates  a. Start of validityb. Issuing body3 Statement on compliance with alternative protective measures  «The holder may be required to wear a face mask at events and in establishments where a certificate is required in accordance with the applicable precautionary measures plan.»Annex 571 71  Amended by No I of the O of 7 July 2021 (AS 2021 428). Revised by No II of the O of 17 Sept. 2021 (AS 2021 564), No I of the FDHA O of 22 Nov. 2021 (AS 2021 721), of 21 Dec. 2021 (AS 2021 896) and of 5 Jan. 2022, in force since 6 Jan. 2022 (AS 2021 2).(Arts. 22, 23 paras. 1 and 2)List of recognised foreign certificates 1 Recognised certificates issued by an EU member state or an EFTA state  1.1 Vaccination, recovery and test certificates issued by an EU member state or EFTA state in accordance with Regulation (EU) 2021/95372 and the EU legislative acts adopted on the basis thereof are recognised.1.2 Vaccination certificates are recognised only if they have been issued for vaccinations with a vaccine that: a. has authorisation for the EU from the European Medicines Agency; b. is authorised in accordance with the WHO emergency use listing procedure; orc. has been shown to have the same composition as a vaccine licensed under letter a or b but is marketed by a licence holder under a different name and which has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was carried out.2 Other recognised certificates  2.1 Vaccination, recovery and test certificates that are interoperable in accordance with Regulation (EU) 2021/953 and have been issued by the following countries are recognised:– Albania– Andorra– Armenia– Cape Verde– El Salvador– Faroe Islands– Georgia– Holy See– Israel– Morocco– Moldova– Monaco– Montenegro– North Macedonia– Panama– San Marino– Serbia– Thailand– Turkey– Ukraine– United Kingdom– Uruguay2.2 Vaccination and test certificates that are interoperable in accordance with Regulation (EU) 2021/953 and have been issued by the following countries are recognised:– New Zealand– Singapore– Togo– United Arab Emirates2.3 Vaccination certificates that are interoperable in accordance with Regulation (EU) 2021/953 and have been issued by the following countries are recognised:– Lebanon– Tunisia2.4 Vaccination certificates are only recognised if they have been issued for vaccinations with a vaccine that meets the requirements of number 1.2.72  Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, as amended by OJ L 211, 15.6.2021, p. 1.


text: 830.2 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton the Institution for the Administration of the Swiss Federal Social Security Funds AHV, IV and EO(Social Security Funds Act)of 16 June 2017 (Status as of 1 January 2019)The Federal Assembly of the Swiss Confederation, based on Articles 59 paragraph 4, 61 paragraph 4, 112 paragraph 1 and 116 paragraphs 3 and 4 of the Federal Constitution1, and having considered the Federal Council dispatch dated 18 December 20152,decrees:1 SR 1012 BBl 2016 311Section 1 Legal Form, Seat and Task  Art. 1 Legal form and seat  1 A public law institution with its own legal personality is established by the Confederation to administer the OASI, InvI and LEC (AHV/AVS, IV/AI, EO/APG) social security funds.2 The Institution organises itself, unless this Act provides otherwise, and keeps its own accounts.3 It is run in accordance with business management principles.4 The Federal Council determines its seat.5 The Institution is entered in the commercial register under the name «compenswiss (Ausgleichsfonds AHV/IV/EO)» / «compenswiss (Fonds de compensation AVS/AI/APG)» / «compenswiss (Fondi di compensazione AVS/AI/IPG)» / «compenswiss (Fonds da cumpensaziun AVS/AI/UCG)».Art. 2 Task  The Institution administers the following social security funds:a.the social security fund for old age and survivors’ insurance (the OASI/AHV/AVS Social Security Fund) under Article 107 of the Federal Act of 20 December 19463 on Old-Age and Survivors Insurance (OASIA/AHVG/LAVS);b.the social security fund for invalidity insurance (InvI/IV/AI Social Security Fund) under Article 79 of the Federal Act of 19 June 19594 on Invalidity Insurance (InvIA/IVG/LAI);c.the social security fund for the loss of earnings compensation scheme (LEC/EO/APG Social Security Fund) under Article 28 of the Loss of Earnings Compensation Act of 25 September 19525 (LECA/EOG/LAPG).3 SR 831.104 SR 831.205 SR 834.1Section 2 Asset Management, Legal Transactions and Liability  Art. 3 Asset management  1 Each social security fund has its own segregated pool of assets within the Institution. These are managed jointly.2 A separate investment and risk profile is to be defined for each social security fund.3 As a rule, the assets of the social security funds are jointly invested. The share of each social security fund in the jointly invested assets and in the return on investment is determined by the degree to which it participates in the individual investments.4 The assets of the social security funds must be managed in such a manner that each social security fund is guaranteed the best possible relationship between security and achieving a return consistent with market conditions in accordance with its investment and risk profile.5 Each social security fund must retain sufficient liquidity at all times in order that the compensation offices:a.may be paid the clearing balances in their favour; and b.may receive the advances required to provide the statutory benefits under the OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG.6 Cross-financing between the social security funds is prohibited; the foregoing does not apply to short-term cash flows within the Treasury.Art. 4 Legal transactions  The Institution may carry out any legal transactions required in order to fulfil its tasks under Article 2, and in particular it may acquire and dispose of securities, other financial instruments and real estate.Art. 5 Liability  The Institution is liable for its obligations with its entire assets.Section 3 Organisation  Art. 6 Management bodies  The management bodies of the Institution are:a.the Board of Directors;b.the Executive Board;c.the Auditor.Art. 7 Board of Directors  1 The Board of Directors is the supreme governing body.2 It comprises eleven qualified members, who must guarantee irreproachable business conduct. Swiss employer and employee associations and the Confederation must be appropriately represented.3 The Federal Council determines a profile of requirements for holding office on the Board of Directors.4 It appoints the members for a term of office of four years and names the Chair and Vice-Chair. Each member may be reappointed twice and removed at any time for good cause.5 The Federal Council determines the fee paid to the members of the Board and their other contractual conditions. 6 The contract between the members of the Board of Directors and the Institution is governed by public law. In addition, the provisions of the Code of Obligations6 apply by analogy.7 The members of the Board of Directors must perform their tasks and duties with all due diligence and safeguard the Institution’s interests in good faith. They are required to observe secrecy on official matters both during their term of office as members of the Board of Directors and after the termination of their mandate.8 They must disclose their interests to the Federal Council prior to their appointment and give immediate notice of any changes during their membership of the Board. The Board of Directors provides information on such interests in the management report (Art. 16 para. 1 let. b).6 SR 220Art. 8 Tasks of the Board of Directors  1 The Board of Directors has the following tasks:a.It issues the Institution’s organisational regulations and submits these to the Federal Department of Home Affairs (FDHA) for approval. b.It issues the investment regulations and determines the investment strategy.c.It issues the Institution’s personnel ordinance and submits it to the Federal Council for approval.d.It takes organisational and contractual measures to safeguard the Institution’s interests and prevent conflicts of interest.e.It approves the Institution’s personnel budget.f.It decides on the establishment, amendment and termination of the employment relationship with the Chief Executive Officer and the other members the Executive Board.g.It supervises the Executive Board.h.It ensures that the Institution has suitable internal control and risk management systems.i.It ensures the solvency of the Institution as an undertaking and of each social security fund.j.It determines the accounting policies based on the requirements laid down by the Federal Council in accordance with Article 13 paragraph 3.k.It adopts the budget for the Institution’s operating and administrative expenses.l.It prepares and adopts the annual report in accordance with Article 16, submits it to the Federal Council for approval and requests its own discharge.m.It publishes the annual report following approval by the Federal Council.n.It provides the general public with information on the investment performance achieved by the social security funds.o.It represents the Institution as a contracting party as defined in Article 32d paragraph 2 of the Federal Personnel Act of 24 March 20007 (FPA).2 The Board of Directors may delegate the preparation and implementation of its decisions to individual committees and assign to them the related decision-making powers. It must ensure that appropriate reports are made to its members.7 SR 172.220.1Art. 9 Executive Board  1 The Executive Board is the Institution’s operational management body. It is headed by a Chief Executive Officer.2 The Executive Board has the following tasks in particular:a.It conducts the business.b.It prepares the business of the Board of Directors and of the committees.c.It prepares the budget for the Institution’s operating and administrative expenses.d.It reports to the Board of Directors regularly and in the case of special events immediately.e.It represents the Institution externally.f.It decides on the establishment, amendment and termination of the employment relationships with the Institution’s personnel; Article 8 paragraph 1 letter f is reserved.g.It performs all the tasks which are not assigned to another management body under this Act, the organisational regulations or the specifications set by the Board of Directors.3 The organisational regulations regulate the details.4 The Chief Executive Officer attends the meetings of the Board of Directors in an advisory capacity.Art. 10 Auditor  1 The Federal Council appoints the auditor at the request of the Board of Directors. The auditor is responsible for auditing the Institution, including the annual financial statements of the OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG. It examines the annual financial statements for asset management and confirms that internal control and risk management systems are in place; it also examines the information on personnel development disclosed in the management report (Art. 16 para. 1 let. b).2 The provisions of company law on ordinary audits apply by analogy.3 The auditor provides the Board of Directors and the Federal Council with a comprehensive report on the results of its audit. 4 The Institution must ensure that the contractual terms governing its business relationships with custodian banks provide the auditor with access to the relevant results of the external audit conducted in respect of such banks. Provided it has been contractually arranged, the Institution’s auditor may instruct the custodian banks’ auditor to conduct additional audits.Section 4 Personnel  Art. 11 Employment terms  1 The Executive Board and other personnel are subject to the FPA8.2 The Institution is an employer as defined in Article 3 paragraph 2 FPA.3 The Board of Directors regulates in the Institution’s personnel ordinance in particular the salaries, the fringe benefits and the other contractual conditions. 8 SR 172.220.1Art. 12 Occupational pension scheme  The Executive Board and other personnel are insured with PUBLICA in accordance with Articles 32a–32m FPA9.9 SR 172.220.1Section 5 Accounts, Administrative Expenses, Annual Report and Taxes Art. 13 Financial reporting  1 The financial statements present a true and fair view of the Institution’s financial position and performance.2 They comply with generally accepted accounting standards, and in particular the principles of materiality, completeness, comprehensibility, consistency and gross presentation.3 The Federal Council may issue regulations on financial reporting.4 The accounting polices derived from the accounting standards must be disclosed in the notes to the balance sheet.Art. 14 Accounting  1 The Institution is responsible for keeping accounts for its asset management, including the related operating and administrative expenses. It assigns the financial result to each of the three social security funds on a monthly basis in proportion to their share in the relevant investments.2 The Institution prepares aggregated financial statements; it does so on the basis of the annual financial statements for the OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG prepared by the Central Compensation Office in accordance with Article 71 paragraph 1bis OASIA/AHVG/LAVS10.10 SR 831.10Art. 15 Operating and administrative expenses  The Institution’s operating and administrative expenses are charged to the three social security funds in proportion to their total assets.Art. 16 Annual report  1 The annual report contains:a.the Institution’s annual financial statements;b.the Institution’s management report;c.the separate financial statements for the OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG prepared by the Central Compensation Office in accordance with Article 71 paragraph 1bis OASIA/AHVG/LAVS11.2 The annual financial statements of the Institution and the three social insurance schemes comprise the balance sheet, the income statement and the notes. The Institution’s annual financial statements provide information on the status and development of investments in particular.3 The Institution’s management report contains in particular information on risk management, personnel development and the interests of the members of the Board of Directors in accordance with Article 7 paragraph 8.4 The Board of Directors completes the annual report at the end of the calendar year11 SR 831.10Art. 17 Taxes  The Institution is exempt from direct federal, cantonal and communal taxes and from cantonal and communal inheritance and gift taxes. The levying of capital gains tax on real estate that has no necessary and direct relationship with the administrative activities of the social security funds is reserved.Section 6 Supervision  Art. 18 1 The Institution is subject to administrative supervision by the Federal Council. 2 The Federal Council exercises its supervision in particular by:a.appointing and removing the members of the Board of Directors, its Chair and Vice-Chair;b.approving the Institution’s personnel ordinance;c.approving the annual report;d.discharging the Board of Directors.3 It may at any time inspect any of the Institution’s business documents and request information on its business operations.4 The FDHA may have specific matters clarified by the Auditor.5 The Institution communicates with the Federal Council via the FDHA.Section 7 Final Provisions  Art. 19 Establishment of the Institution  1 The OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG social security funds will be transferred into the Institution and lose their legal personality. At the same time, the Institution will acquire its own legal personality. The Institution will take over the existing legal relationships and amend these where required.2 The Federal Council determines the date of transfer. It approves the opening balance sheet of the Institution, makes all the decisions required for the transfer and takes any further measures required to this effect.3 The transfer of the three social security funds and the establishment of the Institution are exempt from any direct or indirect federal, cantonal or communal taxes. Entries in the land register, commercial register and any other public registers in connection with the carrying out of the transfer are exempt from taxes and fees.4 The provisions of the Mergers Act of 3 October 200312 do not apply to the establishment of the Institution.12 SR 221.301Art. 20 Transfer of employment relationships  1 The employment relationships of the personnel of the current management office will be transferred to the Institution on the date determined by the Federal Council and become subject to the legislation governing its personnel from that date.2 The Institution will replace existing contracts with contracts issued in the name of the new employer within a reasonable time. No probationary periods may be included therein.3 There is no right to the continuation of any function, field of work, place of work or position within the organisational system. However, the personnel remain entitled to their current salary for a period of one year. The years of service completed for the OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG social security funds before this Act comes into force will be taken into account.4 Appeals by the personnel that are pending on the date of transfer of the employment relationships will be judged according to the previous law.Art. 21 Competent employer  1 The Institution is deemed to be the responsible employer for employees and beneficiaries of pensions:a.who were assigned to the management office under the previous law; andb.who began to draw an old age, survivors’ or invalidity pension from PUBLICA under the occupational pension scheme before this Act entered into force.2 The Institution is also deemed to be the responsible employer where an invalidity pension is not drawn until after this Act enters into force but where the incapacity to work, the cause of which subsequently led to the invalidity, occurred before this Act entered into force.Art. 22 Debts owed by the InvI/IV/AI Social Security Fund to the OASI/AHV/AVS Social Security Fund  1 Until the InvI/IV/AI scheme is completely clear of debt, that portion of cash and cash equivalents and investments held by the IV/AI Social Security Fund which exceeds 50 per cent of its annual expenditure at the end of the financial year will be credited to the OASI/AHV/AVS Social Security Fund.2 In derogation of Article 78 InvIA/IVG/LAI13, the Confederation will bear the annual interest expense on the InvI/IV/AI losses carried forward for the period from 1 January 2011 until 31 December 2017.3 From 1 January 2018, the Board will set a market-based rate of interest for the debts owed by the InvI/IV/AI Social Security Fund to the OASI/AHV/AVS Social Security Fund.13 SR 831.20Art. 23 Repeal and amendment of other legislation  The repeal and amendment of other legislation are regulated in the Annex.Art. 24 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council determines the date on which this Act comes into force.Commencement date:14 1 January 2018 Article 1 paragraphs 1–3 and 5, 2–5, 8 paragraph 1 letters l–n, 11, 12, 14, 16, 19 paragraph 1, 21 and Annex Number I, Number II 1 and 3–6: 1 January 2019.14 FCD of 22 Nov. 2017.Annex (Art. 23)Repeal and amendment of other legislation IThe Federal Act of 13 June 200815 on the Reform of Invalidity Insurance is repealed.IIThe enactments below are amended as follows:…1615 [AS 2010 3835 3839]16 The amendments may be consulted under AS 2017 7563.