Swiss Review / April 2022 / No.2 29 mented by the FDFAwebsite (heading Travel advice & representations). Where necessary, and if the principles of individual responsibility and subsidiarityhave beenproperly respected, support can be provided by the FDFA, individually or collectively, as demonstrated through the major repatriation action in spring 2020 in the context of the Covid-19 crisis. 1) Art. 6 – Federal Constitution of the Swiss Confederation 2) Art. 5 – Federal Act on Swiss Persons and Institutions Abroad The FDFA is there to help As the central contact point for all consular matters, the FDFA is on hand to advise and assist you every day around the clock via the FDFA Helpline, providing you with various consular services via a worldwide representation network that nurtures relations with the Swiss expatriate community and encourages mutual interaction. The FDFA publishes important information such as travel advice via the usual communication channels and the Travel Admin app. And should you ever find yourself in difficulty, the FDFA can offer consular protection. Overcoming challenges independently According to the SAA, the federal government may assist natural persons and legal entities abroad if such parties are unable or cannot be reasonably expected to safeguard their interests independently or with the help of third parties. The federal government’s expectation therefore is that each and every individual will assume personal responsibility when planning and spending a period abroad or pursuing an activity abroad, be well informed, act in a risk-appropriate, lawful manner, and try to overcome any difficulties independently or with the help of third parties. When the federal government cannot help According to the SAA, there is no legal entitlement to consular protection, even when citizens assume individual responsibility and the principle of subsidiarity is maintained. The federal government may therefore refuse or limit assistance, in particular if it would put others in danger, the persons concerned have acted negligently or abused assistance in the past, or there is a risk that it could be detrimental to the federal government’s foreign policy interests. However, this does not apply in cases where there is a threat to the life or health of the persons concerned. Welfare assistance and consular protection In certain cases, the federal government can prevent Swiss Abroad from falling into situations of need and provide them with welfare assistance. It can also provide Swiss nationals abroad with consular protection. However, welfare assistance and consular protection are only provided on a subsidiary basis, i.e. the federal government will only help parties who are unable to support themselves independently or with help from private or public sources, or who are unable or cannot be reasonably expected to safeguard their interests independently or with the help of third parties. Consular services have their price Persons who have used consular services must reimburse the costs as well as any fees to the federal government. Individuals are also liable for cost reimbursement if the federal government performs a service without being requested to do so by the persons concerned, but in accordance with their presumed wishes and interests. Fees or cost reimbursement may be waived in part or in full in case of need or for other good reason. However, the federal government must take account of whether the persons concerned have acted negligently. The principle of individual responsibility Be aware: the Swiss Abroad Act (SAA) is based on the key principle of individual responsibility, which is also enshrined in the Federal Constitution of the Swiss Confederation. Therefore, responsibility for planning and spending a period abroad or pursuing an activity abroad lies with the individual concerned. This does not mean the federal government will abandon any of its citizens who get into difficulty abroad. However, its support is subsidiary and therefore will only apply if an individual has previously exhausted all means of helping themselves.
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