Switzerland strengthens controls on espionage (cross-border guide)

Context

In a nutshell

• Foreign Policy Commission calls for measures against foreign espionage
• Deny legitimacy card to those who represent a risk of carrying out information activities
• Expulsion for those who work for foreign countries under cover

Key facts

• What: Motion to counter foreign intelligence activities on Swiss territory
• Who: Foreign Policy Commission of the National Council
• Where: Switzerland
• When: Motion filed (date not yet specified)
• Tools: Denial of legitimation card, expulsion, sic evaluation

The Foreign Policy Commission of the National Council has filed a motion to strengthen Switzerland's defensive capacity against foreign intelligence activities on Swiss territory. It is an explicit message: the country intends to equip itself with more robust regulatory tools against organised espionage.

The proposal is concrete and operational. The Commission requests to deny the issue of the legitimacy card to persons for whom, on the basis of a recommendation of the Swiss Information Service (sic) or other competent authorities, there is a high risk of information activities being carried out in Switzerland. It is a preventive measure designed to block already in the administrative phase those who could pose a threat to national security.

But the proposal goes further. The motion provides that persons who, on behalf of a State

Operational details

How the new verification process will work

The legitimation card is a central administrative document in Swiss life. Citizens, foreign residents and persons legally operating in the national territory use it for civil, professional and administrative purposes. With the new measures proposed by the Commission, the release of this document will undergo a transformation: it will no longer be a routine administrative procedure, but an evaluation that will include a rigorous national security verification.

The SiC, together with other competent authorities, will review the profile of each card applicant. If the assessment concludes that there is a high risk of carrying out information activities on behalf of a foreign State, the card will not be issued. It is not a generic or bureaucratic denial: it is a decision based on concrete elements of national security, evaluated according to specific criteria defined by the SiC.

Expulsion as a deterrent

Those who are already in Switzerland and carry out intelligence activities for a foreign state will in principle be expelled from the national territory. The rule also covers those who deliberately try to influence the Swiss democratic order on behalf of a foreign power: even in this case, expulsion will be the expected administrative consequence.

The message to foreign governments is unequivocal: Switzerland will not tolerate interference in domestic affairs, will not

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Key points

Procedure for requesting the legitimacy card with the new controls

If you are a Swiss resident or a foreign national working in Switzerland and need the legitimacy card, the procedure remains essentially the same, with the addition of a stricter security assessment.

Step One: Check Classic Requirements The legitimation card always requires: verified identity (passport, ID card), actual residence in Switzerland, no open or recent serious criminal proceedings, and compliance with cantonal administrative standards. These requirements do not change with the new motion.

Step Two: Prepare for the National Security Assessment With the motion, to these is added a sic assessment of your suitability from a national security perspective. The SiC will analyse whether there is a risk that you carry out intelligence activities on behalf of a foreign State. If you are an ordinary person (employee, freelancer, parent, entrepreneur), this assessment will be a formality. It will not change your right to get the card.

Step Three: Know Your Rights in the Event of a Refusal If your card is denied based on the SiC assessment, you will have the right to appeal. The administrative procedure provides that you can challenge the decision with the competent cantonal or federal authority. For national security reasons, you may not receive a detailed reason, but

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Source: tio.ch