§ 63 AufenthG: Obligations of Carriers

This rule does not apply to you personally. It applies to transport companies. These are, for example, airlines, bus companies, or shipping companies that bring people to Germany.

A transport company may only bring foreign nationals into federal territory if that person holds a required passport. The person also needs the required residence title. This means: if the passport or the residence title is missing, the company may not (is prohibited from) transporting the person.

The Federal Ministry of the Interior, for Construction and Community can transfer this task to another authority. The ministry or this authority can prohibit a transport company from transporting people in breach of this duty. For this prohibition, the ministry must have the agreement of the Federal Ministry of Transport and Digital Infrastructure. This means: both ministries must agree. The ministry can also give notice in advance: anyone who does not comply with the prohibition must pay a coercive fine. A coercive fine is a monetary penalty that an authority uses to enforce an order.

If the company files an objection or a legal action against the prohibition, this has no suspensive effect. This means: the prohibition still applies immediately, even while the dispute is before the court. The same applies to the imposition of the coercive fine.

If a company transports a person despite the prohibition anyway, a coercive fine becomes due for each person transported in this way. The coercive fine is at least 1,000 euros and at most 5,000 euros per person. The Federal Ministry of the Interior, for Construction and Community, or the authority it designates, can impose the coercive fine. They can also collect the money.

The Federal Ministry of the Interior, for Construction and Community, or the authority it designates, can also make agreements with transport companies. These agreements regulate how the companies put the duty from paragraph 1 into practice.