¹ Any person who wishes to export nuclear goods in accordance with Annex 2 Part 1, dual-use goods in accordance with Annex 2 Part 2, special military goods in accordance with Annex 3, strategic goods in accordance with Annex 4 or goods subject to national export controls in accordance with Annex 5 requires an export licence from the State Secretariat for Economic Affairs (SECO).

² Any person who wishes to export nuclear goods in accordance with Annex 2 Part 1 with the export control numbers (ECN) 0C001 or 0C002 requires a licence from the Swiss Federal Office of Energy (SFOE). The foregoing also applies to goods with ECN 0D001 or 0E001 where they are software or technology for goods with ECN 0C001 or 0C002. In these cases, the SFOE takes the place of SECO in relation to the application of the other provisions of this Ordinance.

³ Any person who wishes to export goods that comprise parts and components of a good in accordance with Annex 2 or 3 requires a licence from SECO if the parts and components are among the main elements of this good or make up more than 25 per cent of its value in accordance with Article 9 the Ordinance of 12 October 2011⁴ on International Trade Statistics.

⁴ Any person who wishes to export goods that they know or have reason to believe are intended for the development, manufacture, use, passing on or the deployment of NBC weapons must request SECO for a licence if:

a.

the goods are not listed in Annexes 2–5;

b.

exceptions from the licence requirement are made.

No export licence is required for:

a.

goods in accordance with Annexes 2–5 that are being returned to the original supplier, provided they have not achieved a technical increase in value;

b.

chemicals in accordance with Annex 2 Part 2 with ECN 1C111 or ECN 1C350, provided they are used as samples and the total quantity per supply amounts to less than 1 kg; Article 14 paragraph 1 letter a of the Chemicals Control Ordinance of 21 August 2013⁵ remains reserved;

c.

firearms with their parts and components and accessories as well as the ammunition and ammunition parts and components pertaining thereto which are covered by Annex 3 or 5 and exported to a country in accordance with Annex 6;

d.

firearms with the ammunition pertaining thereto that security agents employed by foreign states re-export following pre-arranged official visits;

e.

firearms with the ammunition pertaining thereto that security agents employed by Switzerland export for pre-arranged official visits abroad, provided they re-import these weapons into Switzerland thereafter;

f.

goods that are exported by Swiss troop units and their members for international operations or for training purposes;

g.

goods that are re-exported by foreign troop units and their members following training in Switzerland;

h.

hunting and sports weapons with the ammunition pertaining thereto that are credibly shown to be needed by persons for hunting, sports shooting or martial arts abroad, provided these weapons are re-imported into Switzerland thereafter;

i.

hunting and sports weapons with the ammunition pertaining thereto that are credibly shown to be needed by persons for hunting, sports shooting or martial arts in Switzerland, provided these weapons are re-exported thereafter.

¹ Licences are issued only to natural persons or legal entities that are domiciled or have their registered office or permanent establishment on the Swiss customs territory or in a Swiss customs-free zone. SECO may provide for exceptions in justified cases.

² Where the licence is for a legal entity, the applicant must provide SECO with proof of reliable internal controls on compliance with the export control regulations.

³ For the export of firearms, their parts and components and accessories as well as ammunition and ammunition parts and components an import certificate from the destination state must also be submitted unless the recipient is a foreign government or a company acting for a foreign government. Instead of the import certificate, proof may be provided that such a certificate is not required.

¹ There are grounds for refusal in accordance with Article 6 paragraph 1 letters a and b GCA in particular if there is reason to believe that the goods that are to be exported:

a.

are intended for the development, manufacture, use, passing on or deployment of NBC weapons;

b.

contribute to the conventional armament in a State to an extent that leads to increased regional tension or instability or an escalation in an armed conflict;

c.

will not remain in the possession of the declared end recipient.

² There may also be grounds for refusal in terms of Article 6 paragraph 1 letter b GCA where:

a.

a partner state has refused the export of a similar good to the same end recipient;

b.

the country of origin notifies Switzerland that it must consent to the re-export and such consent is not forthcoming;

c.

the destination state prohibits the import.

Licences are non-transferable.

SECO may request the following documents in particular from applicants for individual licences:

a.

company profiles;

b.

order confirmations, contracts of sale or invoices;

c.

an import certificate from the recipient state;

d.

end use certificates from the end recipient.

Individual licences are valid for two years. Their term of validity may be extended by two years on one occasion.

¹ General export licences are granted only to legal entities that are entered in the Swiss or Liechtenstein commercial register. Universities and public institutions are exempt from this requirement.

² The natural person or the officers of the legal entity making the application must not have received a legally binding conviction in the two years prior to filing of the application for offences against:

a.

the GCA;

b.

the War Material Act of 13 December 1996⁶;

c.

the WA;

c^bis.⁷

the Explosives Act of 25 March 1977⁸;

d.

the Nuclear Energy Act of 21 March 2003⁹; or

e.

the Federal Act of 25 June 1982¹⁰ on International Trade Measures.

SECO may request the following documents in particular from applicants for general export licences:

a.

company profiles;

b.

internal control programmes;

c.

reports on the goods exported in terms of the general export licence.

¹ For the export of goods listed in Annex 2 Part 2, Annex 3 or 5 to states that participate in all the international control measures that are non-binding under international law and are supported by Switzerland, SECO may grant an ordinary general export licence (OGL). Annex 7 contains a list of these states.

² Likewise, SECO may grant an OGL for the export of goods listed in Annex 4 to member states of the European Union or to states with which the European Union has concluded a cooperation agreement on the European Satellite Navigation Programmes.

For the export of goods listed in Annex 2 Part 2, Annex 3 or 5 to states other than those in accordance with Annex 7, SECO may grant an exceptional general export licence (EGL).

General export licences are valid for two years.

Supplies from and to foreign diplomatic or consular missions and international organisations in Switzerland and Liechtenstein are deemed equivalent to imports and exports under this Ordinance.

Supplies of goods listed in Annexes 2–5 to public warehouses or bonded warehouses require an individual licence.

¹ Any person who exports goods under a licence must indicate the form of licence, the issuing office and the licence number on the customs declaration.¹¹

² In the case of a general export licence, the commercial documents that relate to the export must be marked: «These goods are subject to international export controls».

³ Any person who exports goods covered by Customs Tariff chapters¹² 28–29, 30 (only tariff numbers 3002.1000/9000), 34, 36–40, 54–56, 59, 62, 65 (only tariff numbers 6506.1000), 68–76, 79, 81–90 and 93 but which are not subject to a licence requirement under Article 3 or which are exempted from an export licence in terms of Article 4 must mark the customs declaration: «Licence not required».¹³

¹ If requested by SECO, the exporter must be able to prove at any time by means of the relevant documents that no export licence is required

² In the case of exports under a general export licence, SECO may request information about the end use of the goods at any time.

³ In the case of the export of firearms, their parts and components and accessories, the import certificate from the destination state or proof that no import certificate was required must be submitted to SECO on request.

⁴ All essential documents relating to the export must be retained for ten years after customs clearance and must be submitted to the responsible authorities on request.

¹ Import licences and import certificates are only issued to natural persons or legal entities that are domiciled or have their registered office or permanent establishment on Swiss customs territory or in a Swiss customs-free zone.

² SECO may request the following documents in particular:

a.

company profiles;

b.

order confirmations, contracts of sale or invoices;

c.

end use certificates from the end recipient.

Import licences and import certificates are valid for two years.

¹ Any person who wishes to import goods listed in Annex 2 Part 2 category 9 and are intended for systems with a load capacity of at least 500 kg and range of at least 300 km requires a licence from SECO.

² Import licences may be made dependent on end use certificates.

³ The importer must on request be able to provide proof of import in due form or of end use.

¹ Any person who wishes to import goods for which the supplying country expressly requires an import certificate may request SECO to issue an import certificate.

² SECO may make the issue of import certificates conditional on the submission of proof of the intended import and the end use of the goods.

¹ Any person who wishes to import goods in accordance with Annex 2 Part 1 must provide the SFOE with written confirmation that they are aware that the goods are subject to international obligations.¹⁴

² The SFOE may request proof of import in due form or of end use from the importer and end recipient.

³ It may verify the end use of the goods in on-site inspections.

¹ SECO shall refuse to allow transit where there are grounds for refusal in accordance with Article 6 GCA.

² It shall also refuse to allow the transit of goods in accordance with Annexes 2–5 if no licence for export from the country of origin or the supplying state to the final destination state is produced.

³ Proof that the goods have been supplied legally must be provided on the entry of the goods into Swiss customs territory.

⁴ Paragraphs 2 and 3 do not apply to:

a.

goods intended for a state that is listed in Annex 7;

b.

state-employed security agents on pre-arranged official transit journeys, provided their firearms with the ammunition pertaining thereto are carried though in transit;

c.

air passengers who stopover in Switzerland and who carry with them in their baggage weapons for personal use in accordance with Article 4 WA, their parts and components and accessories, or ammunition and munitions parts and components, provided these goods do not leave the transit area of the airport; the foregoing also applies to baggage that is sent in advance or subsequently forwarded.

⁵ Release from a public warehouse, a warehouse for bulk goods or a bonded warehouse is deemed equivalent to transit.

¹ Any person who wishes to broker goods that they know or have reason to believe are intended for the development, manufacture, use, passing on or deployment of NBC weapons must request SECO for a licence.

² SECO shall refuse to allow the brokerage if there is reason to believe that the goods to be brokered are intended for the development, manufacture, use, passing on or deployment of NBC weapons.