International treaty

Memorandum of understanding between The Home Office of the United Kingdom of Great Britain and Northern Ireland and The Federal Department of Justice and Police of the Swiss Confederation concerning mobility and strengthening migration cooperation

Published 19 January 2021

The Home Office of the United Kingdom of Great Britain and Northern Ireland and the Federal Department of Justice and Police of the Swiss Confederation, hereinafter collectively referred to as “the Participants”,

Recognising that the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (“the FMOPA”) will cease to apply to the United Kingdom at the end of the transition period,

Noting that the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens’ rights following the withdrawal of the United Kingdom from the European Union and the free movement of persons Agreement (“the Citizens’ Rights Agreement”) will apply from the end of the transition period and will protect the rights of citizens where they are resident before the end of the transition period,

Appreciating the deep economic, social and historical ties between both countries and affirming the Participants’ wish to discuss future migration arrangements in their mutual economic and cultural interest,

Considering the close cooperation on international police cooperation between the Participants in combatting cross-border and serious crime, particularly terrorism, organised and economic crime, and other relevant criminal acts in a comprehensive manner,

Noting that this document is a statement of intent and does not constitute a binding legal agreement and that the Participants cooperate under this Memorandum of Understanding within the framework of their applicable national laws,

Without prejudice to other international commitments or future relationships of the participants,

Acting in the spirit of partnership and cooperation,

Have reached the following understanding:

Paragraph 1 - Purpose

In accordance with this Memorandum of Understanding (MoU) and with their respective applicable national laws, both Participants intend to explore ways to strengthen cooperation to develop their bilateral relations in fields of labour migration, mobility and asylum by driving forward joint programmes, exchanging information at operational levels, and by maintaining regular contact between competent authorities. Both sides shall endeavour to facilitate labour migration taking into account economic needs.

Paragraph 2 - Territorial Scope

1. The provisions of this MoU will apply, on the one hand to:

(a) the United Kingdom of Great Britain and Northern Ireland; and

(b) Gibraltar; and,

on the other hand to the Swiss Confederation.

Paragraph 3 - Areas of Cooperation

1. The Participants acknowledge the existing high level of cooperation between them in the field of migration. They reaffirm their commitment to strengthen that cooperation, bilaterally and through other multilateral fora.

2. The Participants intend to work together to ensure progress with regard to shared priorities, including in relation to:

a. labour migration;

b. mobility of persons including to support cultural exchange;

c. joint action regarding developing issues relating to migration and asylum;

d. close cooperation and mutual support through facilitation of secondments of staff between the Participants and partnership working; and

e. exchanging information in the above fields.

3. The Participants do not intend to adopt or maintain immigration measures which treat nationals of each other’s countries less favourably than nationals of other countries with close geographical proximity, and similar historic ties and economic relations unless the Participants have committed to treating nationals of other countries more favourably under: (a) existing laws; or (b) a bilateral or multilateral arrangement.

4. The Participants intend to discuss the implementation of existing frameworks with regard to the readmission of persons residing without legal authorisation in either the UK or Switzerland.

5. The Participants acknowledge their existing high level of police cooperation.

6. Cooperation under this MoU will not extend to matters of a political or fiscal nature.

Paragraph 4 - Joint Working Group

The Participants will explore options for supporting the exchange of knowledge and expertise in the fields covered by this Mo U. A joint working group may meet, if needed, alternately in the UK and Switzerland.

Paragraph 5 - Final Provisions

1. This MoU is not legally binding between the Participants.

2. The Participants express their shared ambition to explore more formal arrangements, building on this MoU, to further strengthen efficient and effective cooperation in the fields covered by this MoU.

3. This MoU will come into effect on the later of:

(a) the date of signature; or

(b) the end of the time period in Article 126 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (“the transition period”).

4. This MoU may be terminated by either Participant, endeavouring to provide no less than 6 months written notice.

Signed in duplicate, Berne, on 21 December 2020, in the English language.

For the Home Office of the United Kingdom of Great Britain and Northern Ireland	For the Federal Department of Justice and Police of the Swiss Confederation
Jane Owen	Mario Gattiker
HM Ambassador to the Swiss Confederation	State Secretary State Secretariat for Migration SEM