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Economic Sanctions Laws and Regulations in Switzerland
This response provides a detailed overview of economic sanctions laws and regulations in Switzerland, covering various aspects such as the legal framework, application, enforcement, and general information on the topic. The response is based on the provided text from the International Comparative Legal Guide to Economic Sanctions 2022.
Key Points
Legal Framework
Swiss sanctions are primarily based on federal law, with the Federal Council having the authority to impose sanctions. The Federal Council can also delegate its powers to other agencies.
Application
Swiss sanctions generally apply territorially, meaning they only extend to actions or facts occurring within Switzerland. However, some exceptions may exist for humanitarian activities or to safeguard Swiss interests.
Enforcement
- Both intentional and negligent violations of Swiss sanctions laws can result in criminal penalties, including fines and imprisonment.
- The supervisory authority responsible for investigating and prosecuting economic sanctions offences is the SECO.
Criminal Liability
There is both corporate and personal criminal liability under Swiss law. Individuals who have committed a crime may be held accountable, as well as companies or entities that were involved in the offense.
Civil Enforcement
There are currently no civil penalties for violating economic sanctions laws and/or regulations in Switzerland.
Appeal Process and Statute of Limitations
The response also discusses the appeal process and the statute of limitations for economic sanctions violations.
Additional Economic Sanctions-Related Measures
Switzerland is discussing implementing the EU’s “thematic” sanctions regimes and is also involved in discussions regarding a potential expropriation of Russian funds to finance the reconstruction of Ukraine. The SECO maintains a public website with information and guidance on export controls and sanctions, which includes some information available in English.
Note
Please note that this response is based on the provided text and might not be comprehensive or up-to-date as it only reflects the information available at the time of writing.