Switzerland
Switzerland
Compiled from the August 2006 Background Note and supplemented with additional information from the State Department and the editors of this volume. See the introduction to this set for explanatory notes.
Official Name:
Swiss Confederation
PROFILE
Geography
Area: 41,285 sq. km. (15,941 sq. mi.); about the size of Vermont and New Hampshire combined.
Cities: Capital—Bern (population about 123,000). Other cities—Zurich (341,000), Geneva (176,000), Basel (165,000), Lausanne (116,000).
Terrain: 60% mountains, the remainder hills and plateau. Switzerland straddles the central ranges of the Alps.
Climate: Temperate, varying with altitude and season.
People
Nationality: Noun and adjective—Swiss (singular and plural).
Population: (2002) 7.46 million.
Annual growth rate: 0.6%.
Ethnic groups: Mixed European.
Religions: Roman Catholic 42%, Protestant 33%, Muslim 4.3%, others 5.4%, no religion 11%.
Languages: German 63.7%, French 20.4%, Italian 6.5%, Romansch 0.5%, other 9.4%.
Education: Years compulsory—9. Attendance—100%. Literacy—100%.
Health: Infant mortality rate—4.8/1,000. Life expectancy—men 76.5 yrs., women 82.5 yrs.
Work force: (3.96 million) Agriculture and forestry—4.2%. Industry and business—25.6%. Services and government—70.2%.
Government
Type: Federal state.
Independence: The first Swiss Confederation was founded in August 1291 as a defensive alliance among three cantons. The Swiss Confederation established independence from the Holy Roman Empire in 1499.
Constitution: 1848; extensively amended in 1874; fully revised in 2000
Government branches: Executive—Federal Council, a collegium of seven members, headed by a rotating one-year presidency. Legislative—Federal Assembly (bicameral: Council of States, 46 members; National Council, 200 members). Judicial—Federal Tribunal.
Political subdivisions: 26 cantons (states) with considerable autonomy.
Political parties: Swiss People’s Party (SVP), Social Democratic Party (SP), Free Democratic Party (FDP), Christian Democratic Party (CVP), and several smaller parties representing localities or views from extreme left to extreme right.
Suffrage: In federal matters, universal over 18.
Economy
GDP: (2004) $369.6 billion (456.5 billion Swiss francs).
Annual growth rate: (2005) 2.8% in real terms.
Per capita income: (2001) $30,522 (37,695 Swiss francs).
Inflation rate: (2005) 1.1%.
Natural resources: Water power, timber, salt.
Agriculture: (est. 1.8% of GDP in 2004) Products—dairy, livestock, grains, fruit and vegetables, potatoes, wine.
Arable land: (1999) 26%.
Industry: (est. 28.2% of GDP in 2004) Types—machinery, chemicals, pharmaceuticals, time pieces, precision instruments, textiles and clothing, pigment, transportation equipment.
Services: (70% of GDP in 2005).
Trade: (2002) Exports—$148.6. billion (183.5 billion Swiss francs) machinery and electronics; chemicals and pharmaceuticals; instruments and timepieces. Major markets—Germany, United States, France, Italy, U.K., Japan. Imports—$135 billion (166.7 billion Swiss francs) machinery and electronics; chemicals; vehicles. Major suppliers—Germany, Italy, France, Netherlands, U.S., U.K., Japan.
PEOPLE
Switzerland sits at the crossroads of several major European cultures, which have heavily influenced the country’s languages and cultural practices. Switzerland has four official languages—German, French, Italian, and Romansch (based on Latin and spoken by a small minority in the Canton Graubunden). The German spoken is predominantly a Swiss dialect, but newspapers and some broadcasts use High German. Many Swiss speak more than one language. English is widely known, especially among professionals.
More than 75% of the population lives in the central plain, which stretches between the Alps and the Jura Mountains and from Geneva in the southwest to the Rhine River and Lake Constance in the northeast. Resident foreigners and temporary foreign workers make up about 20% of the population.
Almost all Swiss are literate. Switzerland’s 13 university institutes enrolled 111,100 students in the academic year of 2004-05. About 25% of the adult population holds a diploma of higher learning. The Constitution guarantees freedom of worship, and the different religious communities co-exist peacefully.
Switzerland consistently ranks high on quality of life indices, including highest per capita income, one of the highest concentrations of computer and Internet usage per capita, highest insurance coverage per individual, and high health care rates. For these and many other reasons, it serves as an excellent test market for businesses hoping to introduce new products into Europe.
HISTORY
Originally inhabited by the Helvetians, or Helvetic Celts, the territory comprising modern Switzerland came under Roman rule during the Gallic wars in the 1st century BC and remained a Roman province until the 4th century AD. Under Roman influence, the population reached a high level of civilization and enjoyed a flourishing commerce. Important cities, such as Geneva, Basel, and Zurich, were linked by military roads that also served as trade arteries between Rome and the northern tribes.
After the decline of the Roman Empire, Switzerland was invaded by Germanic tribes from the north and west. Some tribes, such as the Alemanni in central and northeastern Switzerland, and the Burgundians, who ruled western Switzerland, settled there. In 800, the country became part of Charlemagne’s empire. It later passed under the dominion of the Holy Roman emperors in the form of small ecclesiastic and temporal holdings subject to imperial sovereignty.
With the opening of a new important north-south trade route across the Alps in the early 13th century, the Empire’s rulers began to attach more importance to the remote Swiss mountain valleys, which were granted some degree of autonomy under direct imperial rule. Fearful of the popular disturbances flaring up following the death of the Holy Roman Emperor in 1291, the ruling families from Uri, Schwyz, and Unterwalden signed a charter to keep public peace and pledging mutual support in upholding autonomous administrative and judicial rule. The anniversary of the charter’s signature (August 1, 1291) today is celebrated as Switzerland’s National Day.
Between 1315 and 1388 the Swiss Confederates inflicted three crushing defeats on the Habsburgs, whose aspiration to regional dominion clashed with Swiss self-determination. During that period, five other localities (cantons in modern-day parlance) joined the original three in the Swiss Confederation. Buoyed by their feats, the Swiss Confederates continuously expanded their borders by military means and gained formal independence from the Holy Roman Empire in 1499. Routed by the French and Venetians near Milan in 1515, they renounced expansionist policies. By then the Swiss Confederation had become a union of 13 localities with a regularly convening diet administering the subject territories. Swiss mercenaries continued for centuries to serve in other armies; the Swiss Guard of the Pope is a vestige of this tradition.
The Reformation led to a division between the Protestant followers of Zwingli and Calvin in the German and French parts of the country respectively, and the Catholics. Despite two centuries of civil strife, the common interest in the joint subject territories kept the Swiss Confederation from falling apart. The traffic in mercenaries as well as the alienation between the predominantly Protestant Swiss and their Catholic neighbors kept the Swiss Confederation out of the wars of the European powers, which formally recognized Swiss neutrality in the Treaty of Westphalia in 1648. The Swiss remained neutral during the War of the First Coalition against revolutionary France, but Napoleon, nonetheless, invaded and annexed much of the country in 1797-98, replacing the loose confederation with a centrally governed unitary state.
The Congress of Vienna in 1815 reestablished the old confederation of sovereign states and enshrined Switzerland’s status of permanent armed neutrality in international law. In 1848, after a brief civil war between Protestant liberals seeking a centralized national state and Catholic conservatives clinging on to the old order, the majority of Swiss Cantons opted for a Federal State, modeled in part on the U.S. Constitution. The Swiss Constitution established a range of civic liberties and made far-reaching provisions to maintain cantonal autonomy to placate the vanquished Catholic minority. The Swiss amended their Constitution extensively in 1874, establishing federal responsibility for defense, trade, and legal matters, as well as introducing direct democracy by popular referendum. To this day, cantonal autonomy and referendum democracy remain trademarks of the Swiss polity.
Switzerland industrialized rapidly during the 19th century and by 1850 had become the second most industrialized country in Europe after Great Britain. During World War I serious tension developed between the German, French, and Italian-speaking parts of the country, and Switzerland came close to violating its neutrality but managed to stay out of hostilities. Labor unrest culminating in a general strike in 1918 marked the inter-war period, but in 1937 employers and the largest trade union concluded a formal agreement to settle disputes peacefully, which governs workplace relations to the present day. During World War II, Switzerland came under heavy pressure from the fascist powers, which after the fall of France in 1940 completely surrounded the country. Some political and economic leaders displayed a mood of appeasement, but a combination of tactical accommodation and demonstrative readiness to defend the country helped Switzerland survive unscathed.
The Cold War enhanced the role of neutral Switzerland and offered the country a way out of its diplomatic isolation after World War II. Economically, Switzerland integrated itself into the American-led Western postwar order, but it remained reluctant to enter supranational bodies. Switzerland did not join the United Nations, even though Geneva became host to the UN’s European headquarters, and the country played an active role in many of the UN’s specialized agencies. Switzerland also remained aloof in the face of European integration efforts, waiting until 1963 to join the Council of Europe. It still remains outside the European Union. Instead, Switzerland in 1960 helped form the European Free Trade Area, which did not strive for political union. Following the Cold War, Switzerland joined the Bretton Woods institutions in 1992 and finally became a member of the United Nations in 2002.
GOVERNMENT
Switzerland is a federal state composed of 26 cantons (20 are “full” cantons and six “half” cantons for purposes of representation in the federal legislature) that retain attributes of sovereignty, such as fiscal autonomy and the right to manage internal cantonal affairs. Under the 2000 Constitution, cantons hold all powers not specifically delegated to the federation. Switzerland’s federal institutions are:
- A bicameral legislature—the Federal Assembly;
- A collegial executive of seven members—the Federal Council; and
- A judiciary consisting of a regular court in Lausanne—the Federal Tribunal—and special military and administrative courts. The Federal Insurance Tribunal is an independent division of the Federal Tribunal that handles social security questions; its seat is in Lucerne. The Federal Criminal Court, located in Bellinzona, is the court of first instance for all criminal cases under federal jurisdiction.
The Constitution provides for separation of the three branches of government. The Federal Assembly is the primary seat of power, although in practice the executive branch has been increasing its power at the expense of the legislative branch. The Federal Assembly has two houses—the Council of States and the National Council. These two houses have equal powers in all respects, including the right to introduce legislation. Legislation cannot be vetoed by the executive nor reviewed for constitutionality by the judiciary, but all laws (except the budget) can be reviewed by popular referendum before taking effect. The 46 members of the Council of States (two from each canton and one from each half canton) are directly elected in each canton by majority voting. The 200 members of the National Council are directly elected in each canton under a system of proportional representation. Members of both houses serve for 4 years.
The Federal Assembly meets quarterly for 3-week plenary sessions. The parliamentary committees of the two houses, which are often key in shaping legislation, meet behind closed doors, but both majority and minority positions are presented during the plenary sessions. The Federal Assembly is a militia parliament, and members commonly retain their traditional professions. Individual members of parliament have no personal staff.
The Assembly can be legally dissolved only after the adoption of a popular initiative calling for a complete revision of the Constitution. All citizens 18 or older have the right to vote and run for office in national, cantonal, and communal elections unless individually disqualified by the relevant legislature.
A strong emphasis on ballot votes arises out of the traditional Swiss belief that the will of the people is the final national authority. Every constitutional amendment adopted by parliament is automatically brought to the ballot and has to carry a double majority of votes and states in order to become effective. The voters themselves may actively seek changes to the Constitution by means of the popular initiative: 100,000 voters may with their signatures request a national vote on a proposed constitutional amendment. New federal legislation also is subject to popular review, under the so-called referendum: 50,000 signatures suffice to call a ballot vote on any federal law adopted by parliament. The Assembly can declare an act to be too urgent to allow time for popular consideration, but this is rare. At any rate, an act passed urgently must have a time limit and is later subject to the same constitutional provisions on popular review as other legislation.
The top executive body is the seven-member cabinet called the Federal Council. The Federal Assembly individually elects the seven Federal Councilors in a joint session of both houses at the opening of a new legislature. Federal Councilors are elected for 4-year terms; there are no term limits and no provision to recall the cabinet or individual members during the legislature. Each year, the Federal Assembly elects from among the seven Federal Councilors a president and vice president, following the principle of seniority. The member who is vice president one year traditionally is elected president the next. Although the Constitution provides that the Federal Assembly chooses and supervises the cabinet, the latter has gradually assumed a preeminent role in directing the legislative process as well as executing federal laws.
Under an arrangement between the four major parties called the “magic formula” which was introduced in 1959 but ended in December 2003, two Federal Councilors (ministers) were elected each from the Christian Democrats, the Social Democrats, and the Free Democrats and one from the Swiss People’s Party. Under the new magic formula starting January 1, 2004, the new party composition of the cabinet changed to the following composition: 1 Christian Democrat, 2 Social Democrats, 2 Free Democrats, and 2 representatives of the Swiss People’s Party.
The Constitution requires that Federal Councilors act collectively in all matters, not as individual ministers or as representatives of their parties. Each Councilor heads one of seven federal departments and is responsible for preparing legislation pertaining to matters under its jurisdiction. The president, who remains responsible for the department he heads, has limited prerogatives and is first among equals (there is no formal prime minister).
The administration of justice is primarily a cantonal function. The Federal Tribunal is limited in its jurisdiction. Its principal function is to hear appeals of civil and criminal cases. It also hears complaints of violations of the constitutional rights of citizens and has authority to review cantonal court decisions involving federal law as well as certain administrative rulings of federal departments. However, it has no power to review federal legislation for constitutionality. The Tribunal’s 30 full-time and 30 part-time judges are elected by the Federal Assembly for 6-year terms. The Federal Criminal Court is the court of first instance for criminal cases involving organized and white-collar crime, money laundering, and corruption, which are under federal jurisdiction. The Court’s 11 judges are elected by the Federal Assembly for 6-year terms.
The cantons regulate local government. The basic unit of local government, which administers a village, town, or city, is the commune or municipality. Citizenship is derived from membership in a commune and can be conferred on non-Swiss by a commune. Cantons are subordinate to federal authority but keep autonomy in implementing federal law.
Principal Government Officials
Last Updated: 1/4/2007
President: Micheline CALMY-REY
Vice President: Pascal COUCHEPIN
Chief, Federal Dept. of Defense, Civil Protection, & Sports: Samuel SCHMID
Chief, Federal Dept. of Economic Affairs: Doris LEUTHARD
Chief, Federal Dept. of Finance: Hans-Rudolf MERZ
Chief, Federal Dept. of Foreign Affairs: Micheline CALMY-REY
Chief, Federal Dept. of Home Affairs: Pascal COUCHEPIN
Chief, Federal Dept. of Justice & Police: Christoph BLOCHER
Chief, Federal Dept. of Transportation, Communications, & Energy: Moritz LEUENBERGER
Federal Chancellor: Annemarie HUBER-HOTZ
Chmn., Swiss National Bank: Jean-Pierre ROTH
Ambassador to the US: Urs ZISWILER
Permanent Representative to the UN, New York: Peter MAURER
Switzerland maintains an embassy in the United States at 2900 Cathedral Avenue NW, Washington, DC 20008. Consulates General are in Atlanta, Chicago, Houston, Los Angeles, New York, and San Francisco. Swiss national tourist offices are in Chicago, New York, and San Francisco.
POLITICAL CONDITIONS
Although it has a diverse society, Switzerland has a stable government. Most voters support the government in the armed neutrality underlying its foreign and defense policies. Domestic policy poses no major problems, but the changing international environment has generated a significant reexamination of Swiss policy in key areas such as defense, neutrality, and immigration. Quadrennial national elections typically produce only marginal changes in party representation.
In recent years, Switzerland has seen a gradual shift in the party landscape. The rightist Swiss People’s Party (SVP), traditionally the junior partner in the four-party coalition government, more than doubled its voting share from 11% in 1987 to 22.5% in 1999, and finally to 26.6% in 2003, thus overtaking its three coalition partners. This shift in voting shares ended the 44-year old “magic formula,” the power-broking agreement of the four coalition parties, and gave a second seat in the 7-person Swiss cabinet to the Swiss People’s Party at the expense of the Christian Democrats, now the weakest party with 14.4% of the votes. For the first time in Swiss history, the SVP has two seats in the government, reflecting its new status as Switzerland’s most popular party.
On December 10, 2003, Christoph Blocher—a self-made industrialist and main figure of the right-populist Swiss People’s Party known for his strong opinions on asylum and migration and law and order issues—was elected to the cabinet by parliament, replacing the incumbent Christian Democrat Justice and Police Minister Ruth Metzler. The parliament also elected the Free Democrat Hans-Rudolf Merz to replace retiring Finance Minister Kaspar Villiger. Both Blocher and Merz are strong advocates of drastic public spending cuts in order to reduce the country’s mounting $102 billion francs state deficit and are staunch opponents to Switzerland’s entering the European Union. On June 14, 2006, the Federal Council elected Doris Leuthard of the Christian Democratic Party. Leuthard replaced the retiring Joseph Deiss and has assumed the Economics and Trade portfolio that Deiss managed. Leuthard’s election and Deiss’ resignation do not change the dynamics of the Federal Council. The current makeup of the government remains fiscally conservative and against further integration with the European Union.
The Constitution limits federal influence in the formulation of domestic policy and emphasizes the roles of private enterprise and cantonal government. However, the Confederation has been compelled to enlarge its policymaking powers in recent years to cope with national problems such as education, agriculture, energy, environment, organized crime, and narcotics.
ECONOMY
Despite a dearth of natural resources, the Swiss economy is among the world’s most advanced and prosperous. Per capita income is virtually the highest in the world, as are wages. Trade has been the key to prosperity in Switzerland. The country is dependent upon export markets to generate income while dependent upon imports for raw materials and to expand the range of goods and services available in the country. Switzerland has liberal investment and trade policies, notwithstanding agriculture, and a conservative fiscal policy. The Swiss legal system is highly developed, commercial law is well defined, and solid laws and policies protect investments. The Swiss franc is one of the world’s soundest currencies, and the country is known for its high standard of banking and financial services. Switzerland is a member of a number of international economic organizations, including the World Trade Organization, the International Monetary Fund, the World Bank, and the Organization for Economic Cooperation and Development (OECD).
Being a nation that depends upon exports for economic growth, and due to the fact that it is so closely linked to the economies of Western Europe and the United States, Switzerland has not been able to escape recent slowdowns experienced in these countries. During most of the 1990s, the Swiss economy was Western Europe’s weakest, with annual GDP growth averaging 0% between 1991 and 1997. Beginning in late 1997, the economy steadily gained momentum until peaking in 2000 with 3% growth in real terms. The economy returned to lackluster growth during 2001-2003, but has been growing at or above potential since 2004—2.5% per annum. The Swiss Economic Ministry reports that strong global demand, particularly in the U.S. and Asia, and better Euro zone growth has helped Switzerland’s economic recovery. Long-run economic growth, however, is predicated on structural reforms. In order to maximize its economic potential, Switzerland will need to push through difficult agrarian and competition policy reforms. These are essential if the government is to reduce its budget deficits and meet its 3% growth target.
In 2005, the dollar/Swiss franc exchange rate continued to be shaped by geopolitical tensions. The dollar depreciated further against the Swiss franc from SF 1.49 in October 2002 to SF 1.31 in 2003, to 1.28 in 2005, and to 1.23 in July 2006. The strengthening of the Euro, however, helped Switzerland to minimize the pressure from a weakening dollar. The Swiss National Bank raised interest rates on June 15, 2006 to 1.5%, the third increase since January 2006. The Swiss National Bank also said it expected economic growth to be a robust 2.5% in 2006 and 2007.
The number of bankruptcies in Switzerland during 2005 reached new heights—10,800, up 3% from 2004. Bankruptcies have been on the rise for the past four years, but associated financial losses actually fell 5.2%. Five cantons recorded an increase in bankruptcies, with Bern, Thurgau, and Vaud being hardest hit. The Federal Statistics Office’s analysis suggests that the increase in bankruptcies is due in part to restructuring and believes the numbers will continue to increase.
The recent economic upswing has had a small impact on the labor market. Unemployment decreased from 4.1% in December 2003 to 3.6% in July 2006. Swiss in the 15-25 age bracket continue to fight unemployment numbers with a rate of 5.4%, and hotel and restaurant industry workers with 10.4%. One-fourth of the country’s full-time workers are unionized. In general, labor/management relations are good, mostly characterized by a willingness on both sides to settle disputes by negotiations rather than by labor action. About 600 collective bargaining agreements exist today in Switzerland and are regularly renewed without major problems. However, the mood is changing. The massive layoffs that resulted from both the global economic slowdown and major management scandals have strained the traditional Swiss “labor peace.” Swiss trade unions encouraged strikes against several companies, including the national airline SWISS, Coca-Cola, and Orange (the French telecom operator), but total days lost to strikes remain among the lowest in the OECD. Uncertainties concerning under-funded pension funds, and the prospect of a potential hike in the retirement age have stirred further street protests.
Switzerland’s machinery, metals, electronics, and chemicals sectors are world-renowned for precision and quality. Together they account for well over half of Swiss export revenues. In agriculture, Switzerland is about 60% self-sufficient. Only 7.5% of the remaining imports originated from the U.S. Swiss farmers are one of the most highly protected and subsidized producer group in the world. OECD estimates show that Switzerland is subsidizing more than 70% of its agriculture, compared to 35% in the EU. According to the draft “2011 Agricultural Program”, Switzerland intends to reduce its subsidies by SF 638 million to SF 13.4 billion (U.S. $10.5 billion) beginning in 2008.
Tourism, banking, engineering, and insurance are significant sectors of the economy and heavily influence the country’s economic policies. Swiss trading companies have unique marketing expertise in many parts of the world, including Eastern Europe, the Far East, Africa, and the Middle East. Not only does Switzerland have a highly developed tourism infrastructure (making it a good market for tourism-related equipment and services), the Swiss also are intrepid travelers. Per capita, more Swiss visit the United States every year than from any other country. Tourism is the most important U.S. export to Switzerland (earning almost $1.5 billion). In 2004, more than 285,000 Swiss came to the United States as tourists.
The Swiss economy earns roughly half of its corporate earnings from the export industry, and 62% of Swiss exports are destined for the EU market. The EU is Switzerland’s largest trading partner, and economic and trade barriers between them are minimal. In the wake of the Swiss voters’ rejection of the European Economic Area Agreement in 1992, the Swiss Government set its sights on negotiating bilateral sectoral agreements with the EU. After more than 4 years of negotiations, an agreement covering seven sectors (research, public procurement, technical barriers to trade, agriculture, civil aviation, land transport, and the free movement of persons) was achieved at the end of 1998. Parliament officially endorsed the so-called “Bilaterals I” in 1999, and the Swiss people approved them in a referendum in May 2000. The agreements, which had to be ratified by the European Parliament as well as legislatures in all 15 EU member states, entered into force on June 1, 2002. Switzerland has so far attempted to mitigate possible adverse effects of nonmembership by conforming many of its regulations, standards, and practices to EU directives and norms. Full access to the Swiss market for the original 15 EU member states entered into force in June 2004, ending as a result the “national preference.” The Swiss agreed to extend these preferences to the 10 new EU members on September 25, 2005.
The Swiss Government embarked in July 2001 on a second round of bilateral negotiations with the EU known as “Bilaterals II.” Talks focused on customs fraud, environment, statistics, trade in processed agricultural goods, media, the taxation of savings, and police/judicial cooperation (dubbed the Schengen-Dublin accords). Amid a fierce political debate over the essence of Swiss-EU relations and populist warnings against EU workers and criminals entering Switzerland, the Schengen-Dublin package was approved on June 5, 2005 by a referendum of 54.6%. Fears of cheap labor coming from new EU member states have prompted the government to provide for tripartite surveillance committees to ensure that decent wages are enforced.
As part of the bilateral agreement on the taxation of savings signed in June 2003, Swiss banks will levy a withholding tax on EU citizens’ savings income. The tax, which started on July 1, 2005, will increase gradually to 35% by 2011, with 75% of the funds being transferred to the EU.
The Swiss federal government remains deeply divided over EU membership as its long-term goal, and in a March 2001 referendum more than 70% of the voters rejected rapid steps toward EU membership. The issue of EU membership is, therefore, likely to be shelved for several years, if not a decade. In May 2005, the government said it could sign a framework agreement with the European Union, as an alternative to joining the organization, to encourage dialogue and create a platform for closer cooperation. But in parallel, the cabinet reaffirmed its wish to strengthen ties with other non-EU trading partners in Asia and America. Exploratory talks on a Free Trade Agreement between the U.S. and Switzerland failed to result in negotiations, due to Swiss problems with free trade in agriculture, but the two sides did agree to a new framework for economic, trade, and investment discussions. This new agreement is the Swiss-U.S. Trade and Investment Cooperation Forum (the “Forum”) and is currently assessing areas where the two governments could facilitate greater trade and investment flows.
Switzerland ranks 17th among the main trading partners of the U.S. worldwide. The United States is the second-largest importer (11.5%) of Swiss goods after Germany (20%). The U.S. exports more to Switzerland each year than to all the countries of the former Soviet Union and Eastern Europe combined, and Switzerland imports more U.S. products and services than does Spain. In addition, the United States is the largest foreign investor in Switzerland, and conversely, the primary destination of Swiss foreign investment. It is estimated that 200,000 American jobs depend on Swiss foreign investments. Total U.S.-Swiss bilateral trade increased from $15.33 billion during 2003 to $16 billion in 2004.
DEFENSE
On May 18, 2003, Swiss voters approved the military reform project “Army XXI” that will drastically reduce the size of the Swiss Army. In January 2004, the 524,000-strong militia started paring down to 220,000 conscripts, including 80,000 reservists. The defense budget of currently SF 4.3 billion ($3.1 billion) will be trimmed by SF 300 million, and some 2,000 jobs are expected to be shed between 2004 and 2011. The mandatory time of service will be curtailed from 300 to 260 days. All able-bodied Swiss males aged 20 to 30 must serve. Thereafter, most personnel are assigned to civil protection duties until the age of 37.
A new category of soldiers called “single-term conscripts” will discharge the total time of service of about 300 days of active duty in one go. Recruiting is on a voluntary basis and should not exceed 20% of a year’s draft. The armed forces have a small nucleus of about 3,600 professional staff, half of whom are either instructors or staff officers, with the remainder mostly being fortification guards. The army has virtually no full-time active combat units but is capable of full mobilization within 72 hours. Women may volunteer to serve in the armed forces and may now join all units, including combat troops. About 2,000 women already serve in the army but, so far, have not been allowed to use weapons for purposes other than self-defense.
The armed forces are organized in four army corps and an air force and are equipped with modern, sophisticated, and well-maintained gear. In 1993, the Swiss Government procured 34 FA-18s from the United States.
FOREIGN RELATIONS
On September 10, 2002, Switzerland became a full member of the United Nations. Switzerland had previously been involved as party to the Statute of the International Court of Justice and member of most UN specialized agencies, as well as the International Atomic Energy Agency. Switzerland has long participated in many UN activities, including the Economic Commission for Europe, UN Environment Program, the UN High Commissioner for Refugees, UN Educational, Scientific and Cultural Organization, UN Conference for Trade and Development, UN Industrial Development Organization, and the Universal Postal Union (UPU). Prior to its formal accession, Switzerland had maintained a permanent observer mission at UN Headquarters since 1948.
Switzerland also is a member of the following international organizations: World Trade Organization, Organization for Economic Cooperation and Development, European Free Trade Association, Bank for International Settlements, Council of Europe, and Organization for Security and Cooperation in Europe (OSCE). In 1992, Swiss voters approved membership in the Bretton Woods organizations but later that year rejected the European Economic Area agreement, which the government viewed as a first step toward EU membership.
The Swiss Constitution declares the preservation of Switzerland’s independence and welfare as the supreme objective of Swiss foreign policy. Below this overarching goal, the Constitution sets five specific foreign policy objectives: further the peaceful coexistence of nations; promote respect for human rights, democracy, and the rule of the law; promote Swiss economic interests abroad, alleviate need and poverty in the world; and the preservation of natural resources.
Traditionally, Switzerland has avoided alliances that might entail military, political, or direct economic action, but in recent years the Swiss have broadened the scope of activities in which they feel able to participate without compromising their neutrality. Swiss voters first rejected UN membership by a 3-to-1 margin in 1986 but in March 2002 adopted it, albeit in a very close election, making Switzerland the first country to join the UN based on a popular referendum decision. In similar fashion, the electorate rejected a government proposition to deploy Swiss troops as UN peacekeepers (Blue Helmets) in 1994, but Switzerland joined NATO’s Partnership for Peace and the Euro-Atlantic Partnership Council in 1996 and 1997, respectively, and deployed Yellow Berets to support the OSCE in Bosnia. In June 2001, Swiss voters approved new legislation providing for the deployment of armed Swiss troops for international peacekeeping missions under UN or OSCE auspices as well as closer international cooperation in military training.
Switzerland maintains diplomatic relations with almost all countries and historically has served as a neutral intermediary and host to major international treaty conferences. The country has no major dispute in its bilateral relations. Since 1980, Switzerland has represented U.S. interests in Iran. Switzerland played a key role in brokering a truce agreement between the Sudanese Government and Sudan’s Peoples Liberation Army (SPLA) for the Nuba Mountain region, signed after a week’s negotiations taking place near Lucerne in January 2002.
The Swiss feel a moral obligation to undertake social, economic, and humanitarian activities that contribute to world peace and prosperity. This is manifested by Swiss bilateral and multilateral diplomatic activity, assistance to developing countries, and support for the extension of international law, particularly humanitarian law. Switzerland (mainly Geneva) is home to many international governmental and nongovernmental organizations, including the International Committee of the Red Cross (whose flag is essentially the Swiss flag with colors reversed—the Red Cross historically being a Swiss organization). One of the first international organizations, the Universal Postal Union, is located in Bern.
The Swiss Government on June 25, 2003, eased most of the sanctions against the Republic of Iraq in accord with UN Security Council Resolution (UNSCR) 1483. The government lifted the trade embargo, flight restrictions, and financial sanctions in place since August 1990. The weapons embargo and the asset freeze, the scope of which was extended, remain in force, and restrictions on the trade in Iraqi cultural goods were newly imposed. Though not a member at the time, Switzerland had joined UN sanctions against Iraq after the invasion of Kuwait. Switzerland in recent years joined UN and EU economic sanctions imposed on Sierra Leone, UNITA (Angola), Liberia, Serbia and Montenegro, Burma, Zimbabwe, Sudan, Democratic Republic of the Congo, and Cote d’Ivoire. On October 15, 2003, the Federal Council ended the import restrictions on raw diamonds from Sierra Leone and lifted sanctions against Libya.
Switzerland in October 2000 implemented an ordinance to enforce UN sanctions against the Taliban (UNSCR 1267), which it subsequently amended in April 2001 in accord with tighter UN regulations (UNSCR 1333). On May 2, 2002, the Swiss Government eased the sanctions regime in accord with UNSCR 1388 and 1390, lifting the ban on the sale of acetic acid (used in drug production), Afghani Airlines, and Afghani diplomatic representations. The weapons embargo, travel restrictions, and financial sanctions remain in force. The Swiss Government in November 2001 issued an ordinance declaring illegal the terrorist organization al Qaeda as well as possible successor or supporting organizations. More than 200 individuals or companies linked to international terrorism have been blacklisted to have their assets frozen. Thus far, Swiss authorities have blocked about 72 accounts totaling 34 million francs.
Switzerland has furnished military observers and medical teams to several UN operations. Switzerland is an active participant in the OSCE, its foreign minister serving as Chairman-in-Office for 1996. Switzerland also is an active participant in the major nonproliferation and export control regimes. Under a series of treaties concluded after World War I, Switzerland assumed responsibility for the diplomatic and consular representation of Liechtenstein, the protection of its borders, and the regulation of its customs.
U.S.-SWISS RELATIONS
Switzerland is a democratic country subscribing to most of the ideals with which the United States is identified. The country is politically stable with a fundamentally strong economy. It occupies an important strategic position within Europe and possesses a strong military capability. It has played an increasingly important role in supporting the spread of democratic institutions and values worldwide, as well as providing humanitarian relief and economic development assistance. U.S. policy toward Switzerland takes these factors into account and endeavors to cooperate with Switzerland to the extent consistent with Swiss neutrality. The first 4 years of cooperation under the U.S.-Swiss Joint Economic Commission (JEC) invigorated bilateral ties by recording achievements in a number of areas, including consultations on anti-money laundering efforts, counter-terrorism, and pharmaceutical regulatory cooperation; an e-government conference; and the re-establishment of the Fulbright student/cultural exchange program. The United States and Switzerland signed three new agreements in 2006 that will complement the JEC and will deepen our cooperation and improve our relationship. The first of the new agreements is the Enhanced Political Framework and was signed by Under Secretary of State for Political Affairs Nicholas Burns and Swiss State Secretary Michael Ambühl. The second agreement is the Trade and Investment Cooperation Forum and was signed by then-U.S. Trade Representative Robert Portman and then-Economics and Trade Minister Joseph Deiss. The last agreement is the revised Operative Working Agreement on Law Enforcement Cooperation on Counterterrorism and was signed by U.S. Attorney General Alberto Gonzalez and Swiss Justice Minister Christoph Blocher. The first official U.S.-Swiss consular relations were established in the late 1820s. Diplomatic relations were established in 1853. The U.S. ambassador to Switzerland also is accredited to the Principality of Liechtenstein.
Principal U.S. Embassy Officials
BERN (E) Address: Jubilaeumsstr. 93, 3005 Bern; APO/FPO: No APO; Phone: 41-31-357-7011; Fax: 41–31– 357-7344; Workweek: Mon.–Fri., 8:30–5:30; Website: http://www.usembassy.ch.
| AMB: | Peter R. Coneway |
| AMB OMS: | Emily Wittbrodt |
| DCM: | Carol Urban |
| DCM OMS: | Kathryn Chelsen |
| CG: | Doria Rosen |
| POL/ECO: | Stanley Otto |
| MGT: | Stephen Dodson |
| CLO: | Kate Griffin |
| CUS: | David Marwell |
| DAO: | Dorothea Cypher-Erickson |
| DEA: | Joe Kipp |
| FCS: | Julie Snyder |
| GSO: | John Schuch |
| IPO: | Stephen McCain |
| IRS: | Kathy Beck (Paris) |
| ISO: | Novaro Casci |
| ISSO: | Leo Ruiz |
| LEGATT: | Daniel Boyd |
| PAO: | Daniel Wendell |
| RSO: | Kerry Crockett |
| State ICASS: | William Duff |
Last Updated: 1/26/2007
GENEVA (M) Address: 11 Rte de Pregny, 1292 Chambesy, Geneva, Switzerland; Phone: 41-22-749-4111; Fax: 41-22-749-4892; INMARSAT Tel: 764114496/9; Workweek: M-F 8:30-5:30; Website: usmission.ch.
| AMB: | Warren W. Tichenor |
| AMB OMS: | Abigail Erickson |
| DCM: | Judith Chammas |
| DCM OMS: | Nancy Doe |
| POL: | Velia M. DePirro |
| MGT: | Robert T. Yamate |
| AID: | Nance Kyloh (RMA) |
| CLO: | Silje Grimstad |
| ECO: | Lisa Carle |
| EST: | Chuck Ashley |
| FMO: | Thomas Lyman |
| GSO: | Gerald Hanisch |
| HHS: | David E. Hohman |
| ICASS Chair: | Brooks Robinson |
| IMO: | Loren (Fred) File |
| IPO: | Janice Metzger |
| IRS: | Kathy J. Beck |
| ISO: | Don Greer |
| ISSO: | Jose Rivera |
| LAB: | John Chamberlin |
| LEGATT: | Jeffrey D. Kovar |
| PAO: | Brooks Robinson |
| RSO: | Mark G. Bandik |
| State ICASS: | Chuck Ashley |
Last Updated: 1/25/2007
TRAVEL
Consular Information Sheet : February 7, 2007
Country Description: Switzerland is a highly developed democracy. Liechtenstein is a democratically run constitutional monarchy.
Exit/Entry Requirements: A passport is required for travel to both Switzerland and Liechtenstein. A visa is not required for stays up to 90 days in either country. For more information on entry requirements for both countries, travelers may contact the Embassy of Switzerland at 2900 Cathedral Avenue, N.W., Washington, D.C. 20008, telephone (202) 745-7900, or the nearest Swiss Consulate General in Atlanta, Chicago, Houston, Los Angeles, New York, or San Francisco. Visit the Embassy of Switzerland’s website at http://www.swissemb.org for the most current visa information.
Safety and Security: Although there have been no recent terrorist attacks in Switzerland, violence by anti-globalization, anti-Semitic, and anti-establishment (anarchist) groups occurs from time to time. This violence is typically in the form of property damage and clashes between these groups and the police. The potential for specific threats of violence involving American citizens in Switzerland is remote. The Consular Agencies in Zurich and Geneva may close periodically to assess their security situation.
For the latest security information, Americans traveling abroad should regularly monitor the Department’s Internet website where the current Travel Warnings and Public Announcements, including the Worldwide Caution Public Announcement, can be found. Up-to-date information on safety and security can also be obtained by calling 1-888-407-4747 toll free in the U.S., or for callers outside the U.S. and Canada, a regular toll-line at 1-202-501-4444. These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).
Crime: Switzerland has a low rate of violent crime. However, pick-pocketing and purse snatching does occur in the vicinity of train and bus stations, airports, and some public parks, especially during peak tourist periods (such as Summer and Christmas) and when conferences, shows, or exhibits are scheduled in major cities. Liechtenstein has a low crime rate. Travelers may wish to exercise caution on trains, especially on overnight trains to neighboring countries. Thieves, who steal from passengers while they sleep, can enter even locked sleeping compartments.
Information for Victims of Crime: The loss or theft abroad of a U.S. passport should be reported immediately to the local police and the nearest U.S. Embassy or Consulate. If you are the victim of a crime while overseas, in addition to reporting to local police, please contact the nearest U.S. Embassy or Consulate for assistance. The Embassy/Consulate staff can, for example, assist you to find appropriate medical care, contact family members or friends, and explain how funds could be transferred. Although the investigation and prosecution of the crime is solely the responsibility of local authorities, consular officers can help you to understand the local criminal justice process and to find an attorney if needed.
Switzerland, through the 26 cantons, has programs to assist victims of crime and their immediate relatives. Medical, psychological, social, financial, and legal assistance are available throughout the country. This program also protects the rights of the victim during the criminal proceedings. The victim may receive compensation for some damages, if requested during the criminal procedure. Information is available at the Swiss Department of Justice located on Bundesrain 20, 3003 Bern, telephone: 41-31-322-4750, as well as on the Internet at http://www.bj.admin.ch/bj/en/home.html.
Medical Facilities and Health Information: Good medical care is widely available. Information on vaccinations and other health precautions, such as safe food and water precautions and insect bite protection, may be obtained from the Centers for Disease Control and Prevention’s hotline for international travelers at 1-877-FYI-TRIP (1-877-394-8747) or via the CDC’s Internet site at http://www.cdc.gov/travel. For information about outbreaks of infectious diseases abroad consult the World Health Organization’s (WHO) website at http://www.who.int/en. Further health information for travelers is available at http://www.who.nt/ith.
Medical Insurance: The Department of State strongly urges Americans to consult with their medical insurance company prior to traveling abroad to confirm whether their policy applies overseas and whether it will cover emergency expenses such as a medical evacuation.
Traffic Safety and Road Conditions: While in a foreign country, U.S. citizens may encounter road conditions that differ significantly from those in the United States. The information below concerning Switzerland is provided for general reference only, and may not be totally accurate in a particular location or circumstance. Although many roads are mountainous and winding, road safety standards are high. In some mountain areas, vehicle snow chains are required in winter. Road travel can be more dangerous during summer, winter holidays, the Easter break, and Whitsunday weekend (late spring) because of increased traffic. Travel on expressways (indicated by green signs with a white expressway symbol) requires purchase of a sticker or “vignette,” which must be affixed to the car’s windshield. Vignettes can be purchased a most border crossings points, gas stations and at Swiss post offices. Drivers using the highway system without a vignette are subject to hefty fines levied on the spot. Public transportation in Switzerland and Liechtenstein is excellent. Visit the website of Switzerland’s national tourist office at http://www.myswitzerland.com/en.cfm/home.
Aviation Safety Oversight: The U.S. Federal Aviation Administration (FAA) has assessed the Government of Switzerland’s Civil Aviation Authority as being in compliance with International Civil Aviation Organization (ICAO) aviation safety standards for oversight of Switzerland’s air carrier operations. For more information, travelers may visit the FAA’s website at http://www.faa.gov.
Special Circumstances: Costs of search and rescue operations are the responsibility of the victim, thus, travelers who plan to participate in mountain activities (summer and winter) are strongly encouraged to buy mountain search and rescue insurance. Search and rescue insurances is available inexpensively in Switzerland and may be purchased at many Swiss post offices. Information can be obtained form the Swiss National Tourist Office, at http://www.myswitzerland.com, at most tourists information offices or with the Swiss Air Rescue Organization at http://www.rega.ch. Such insurance has proved useful as uninsured rescues can easily cost $25,000.
Switzerland’s customs authorities encourage the use of an ATA (Admission Temporaire/Admission) Carnet for the temporary admission of professional equipment, commercial samples, and/or goods for exhibitions and fair purposes. ATA Carnet Headquarters located at the U.S. Council for International Business, 1212 Avenue of the Americas, New York, N.Y. 10036, and issues and guarantees the ATA Carnet in the United States. For additional information call (212) 354-4480, send an email to atacarnet@ uscib.org, or visit http://www.uscib.org for details.
Criminal Penalties: While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating Switzerland’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Switzerland are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime, prosecutable in the United States.
Children’s Issues: For information on international adoption of children and international parental child abduction, see the Office of Children’s Issues website at http://travel.state.gov/family.
Registration/Embassy Locations: Americans living or traveling in Switzerland are encouraged to register with the U.S. Embassy in Bern, with the Consular Agencies in Geneva or Zurich or through the State Depart-ment’s travel registration website, and to obtain updated information on travel and security within Switzerland and Liechtenstein. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.
By registering, American citizens make it easier for the Embassy, Consulate, or Consular Agent to contact them in case of emergency. The U.S. Embassy is located at Jubilaeumstrasse 93, 3005 Bern; Tel. (41)(31) 357-7011, fax (41)(31) 357-7280. The Embassy’s after hour’s emergency telephone number is (41) (79) 354-7248. If the Duty Officer cannot be reached, please call Marine Post One at (41) (31) 357-7777.
The Embassy’s email address is [email protected]. The U.S. Embassy website at http://bern.usembassy.gov answers many questions of interest to Americans visiting and residing in Switzerland.
The U.S. Consular Agency in Zurich is located at the American Center of Zurich, Dufourstrasse 101, 8008 Zurich; Tel: (41)(43) 499-2960, Fax: (41)(43) 499-2961.
The U.S. Consular Agency in Geneva is located at rue Versonnex 7, CH-1207 Geneva, Tel: 022-840-51 60 Fax: 022-840-51 62.
There is no U.S. Embassy or Consulate in Liechtenstein. For assistance and information on travel and security in Liechtenstein, U.S. may contact or register at the U.S. Embassy in Bern at the address above.
International Adoption : February 2007
The information below has been edited from a report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the International Adoption section of this book and review current reports online at www.travel.state.gov/family.
Disclaimer: The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and current understanding. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.
Availability of Children for Adoption: Switzerland is not considered a source country for parents seeking orphaned children to adopt, so there are very few Swiss children available for adoption. In the past ten years, the U.S. Embassy in Bern has not issued immigrant visas to Swiss orphans or for children adopted from other countries.
Swiss Adoption Authorities: Prospective U.S. citizen adoptive parents resident in Switzerland should contact the Cantonal Central Authority (CCA) in the canton where they are domiciled. The CCA can provide complete information on adoption law, policy and procedures. Please review current reports online at travel.state.gov/family for a list of agencies.
Age and Civil Status Requirements: Parents wishing to adopt a child in Switzerland must be at least 16 years older than the child they plan to adopt. Married couples wishing to adopt must both be at least 35 years old or married for 5 years and in most circumstances must jointly adopt the child. Single persons may adopt if they are at least 35 years old. If a parent wishes to adopt the child of a spouse, the couple must have been married for at least 5 years.
Adoption Agencies and Attornies: A complete list of adoption agencies approved by the cantons is available at www.ofj.admin.ch/e/index.html. Prospective adoptive parents should verify that the adoption agency with which they work has been approved by the Office of Child Protection in the Swiss Federal Office of Justice (www.bj.admin.ch).
The U.S. Embassy in Bern maintains a list of local English-speaking attorneys, some of whom practice family law. Visit the Embassy’s website at www.usembassy.ch.
Documentary Requirements: The applicable law and procedures for U.S. citizens domiciled in Switzerland therefore depends on the country of origin of the child to be adopted
Child’s Origin in a Contracting State of the Hague Adoption Convention: The prospective adopting persons should contact the CCA of the canton in which they are domiciled. The CAA will advise them about adoption law and procedures as well as documentary requirements such as immigration papers, social and medical reports which are necessary to adopt a child from a Hague Convention Country.
Child’s Origin in a Non-Contracting State of the Hague Adoption Convention: The prospective adopting persons must work with the local CCA to obtain permission to bring the child to Switzerland in advance of a planned adoption. The CCA can also provide information on adoption law and procedures as well as documentary requirements such as immigration papers, social and medical reports.
After a child to be adopted arrives in Switzerland, there is a probationary period of at least one year during which the child will be under the supervision of the local guardianship authority. At the end of this period the guardianship authority will order a home study. The adoption will then be finalized unless it has been established that adoption would be against the child’s interest and well-being. There is no probationary period or supervision if the adoption has already been finalized outside Switzerland and at least one of the adopting parents shares the nationality of the child’s country of origin.
Precise documentary requirements vary depending on the requirements of the child’s country of origin and whether the Hague Convention on intercountry adoption is applicable. For detailed information please contact the CAA or a specialized adoption agency.
Embassy and Consulate in the United States: Switzerland has Consulates in Atlanta, GA; Chicago, IL; Houston, TX; Los Angeles, CA; New York, NY; and San Francisco, CA; as well as an Embassy in Washington, DC which maintains a Web site at www.swissemb.org.
U.S. Immigration Requirements: U.S. citizen adoptive parents who wish to bring their child to the United States for permanent residence should contact the U.S. Embassy in Bern to discuss their options. General information about immigration requirements for adopted children can be found on the U.S. Citizenship and Immigration Service website at uscis.gov.
Embassy of the United States of America:
93 Jubilaeumstrasse
3005 Bern
Switzerland
Telephone no. (41)(31) 357-7011
Additional Information: Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. Please see the International Adoption section of this book for more details and review current reports online at www.travel.state.gov/family.
Questions: Specific questions regarding adoption in Switzerland may be addressed to the Bureau of Citizenship and Immigration Services or the Immigrant Visa Unit at the U.S. Embassy in Switzerland. Parents may also contact the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747 with specific questions.
International Parental Child Abduction : February 2007
The information below has been edited from the report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the International Child Abduction section of this book and review current reports online at www.travel.state.gov.
Disclaimer: The information in this flyer relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
The Swiss Central Authority of the Hague Convention on the Civil Aspects of International Child Abduction has informed the Department of State of the following general information concerning the operation of the Convention in Switzerland.
Judicial Procedure: Upon receipt of a Hague application, the Swiss Central Authority usually tries to get in touch with the abducting parent in order to find out if a mediated solution can be achieved. If this is not the case, or if the applicant requests to commence the judicial procedure immediately in view of obtaining a court order under the Hague Convention, the applicant is sent a list of attorneys from the respective canton who are willing to take Hague cases. The applicant can also let the Central Authority choose the attorney for him/her. It is up to the attorney to commence the judicial procedure, to file the application of legal aid (if applicable) and to take the necessary steps in view of obtaining an enforcement of the final judgment.
Switzerland has no unified civil procedure law and no uniform court system, and the designation of the courts, rules of procedure and conditions for appeals vary considerably. A judgment rendered by the court of first instance (often called the District Court) can normally be reviewed by the court of second instance (called Superior Court, Court of Appeals, etc.). Finally, it is possible to file a further appeal with the Federal (Supreme) Court in Lausanne, Switzerland’s highest judicial authority. No writ of certiorari must be obtained in order to get access to the Federal Court, but the complaints that can be raised in this stage of the lawsuit are normally limited to the violation of constitutional rights (including a violation of the European Convention on Human Rights). A final decision should usually not be expected in less than six months.
Attorneys: The applicant can choose an attorney from a list that will be provided by the Swiss Central Attorney, or he/she can let the Central Authority choose the attorney for him/her. There is a large number of attorneys who speak and write English fluently. The attorney must be paid only if the applicant is not entitled to legal aid. The attorney fees are ruled by cantonal law and differ widely. The fee normally can be negotiated between attorney and client, but no contingent fee is allowed.
Legal Aid: Switzerland has established a system of legal aid that is governed (in accordance with Article 42 of the Hague Convention) by cantonal law, although a minimal standard and guidelines are set by the case law of the Federal Court. Pursuant to this case law, an applicant is entitled to legal aid if he or she is indigent (unable to pay a living for him/herself and his/her family in addition to the legal fees) and if the chances of winning the case are greater than the chances of losing it. Legal aid covers both the court costs (which are considerably higher than those in the U.S.) as well as the attorney’s fees.
It is up to the attorney to file the request for legal aid with the court or the competent authority before commencing the Hague procedure. There are no application forms available. In general, documents indicating the monthly or annual income and expenses as well as assets and debts are required. The quicker these documents are conveyed to the attorney, the quicker a preliminary decision regarding legal aid can be obtained.
Rights of Access: The Swiss Central Authority tries to help parents exercise their rights of access pursuant to Article 21 of the Hague Convention. This obligation normally is fulfilled through intermediaries, mostly local guardianship authorities or juvenile services. This includes proceedings in view of negotiating mediated solutions and organizing locations and supervision in order to permit the meeting of a child with the parent. The Central Authority furthermore helps to find an attorney if no mediated solution can be found and a court must resolve the dispute. If the child’s habitual residence is in Switzerland, the conditions and requirements of such a decision are set forth by Swiss law. If the conditions of rights of access have already been determined in a decision rendered by a U.S. court in the habitual residence of the child, then the Swiss court organizes the protection of the rights of access pursuant to Article 21 of the Hague Convention.
Article 28 Authorization: No authorization as foreseen in Article 28 is required when the Hague application is filed with the Swiss Central Authority. A power of attorney must normally be completed, signed and sent to the attorney when the judicial procedure commences.
Translation of Documents: The Swiss Central Authority accepts all documents in English. Translation into German, French or Italian, as the language of the court might be, will be required if the document must be presented to a court, but the translation need not be sent with the Hague application.