Export Laws

Basic principles

Switzerland is a party to several international agreements aiming to control the export, import or transit of goods that could be used to produce or distribute weapons of mass destruction, military equipment and dual-use goods.

In Switzerland, control of these categories of goods is governed by two laws: the Goods Control Act (GCA) of 13th December 1996 and the Federal Act on War Material (WMA) of 13th December 1996.

The WMA governs the manufacture and transfer (import, export and transit) of war material as well as its brokerage and trade. The following are deemed to be war material: weapons, munitions and military explosives, as well as equipment that has been specifically conceived or modified for use in combat or for the conduct of combat.

The GCA mainly governs the export of dual-use goods, i.e. commodities, but also knowledge, including technologies (information for the development, manufacture or use of goods that is neither generally accessible nor serves the purposes of pure scientific research) and software that may be used both for civilian and military purposes. These goods are listed in Appendices 1 and 2 of the related Ordinance (“Ordonnance sur le contrôle des biens – OCB”).

The OCB stipulates in particular that:

• the export of dual-purpose goods, components, soft- ware, technologies and information is subject to authori- sation by the Swiss State Secretariat for Economic Affairs (SECO);
• the export of goods, components, software, technol- ogies and information that are known to be or could be intended for the development, production or use of nuclear, biological or chemical weapons (weapons of mass destruction/WMD) or vector systems (rockets, mis- siles, drones, etc.) intended for the use of such weapons must be previously declared to the SECO.

Criminal sanctions are foreseen against persons failing to comply with these obligations.

Responsabilities 

Heads of Unit and project leaders are responsible for compliance with laws and internal regulations on export control.

Legal basis

• “Federal Act on the Control of Dual-Use Goods, Spe- cific Military Goods and Strategic Goods (Goods Con- trol Act, GCA)”
• “Ordinance on the Export, Import and Transit of Dual Use Goods, Specific Military Goods and Strategic Goods (Goods Control Ordinance, GCO)”
• “Federal Act on War Material (War Material Act, WMA)”

Further informations 

• State Secretariat for Economic Affairs (SECO) website
• Sanctions and embargoes enforced by Switzerland
• Legal bases and lists of goods (annexes)
• Annexes 1 and 2 GCO: List of dual-use goods, Annexe 7 OCB
• Annex 7 GCO: List of States

Advice for day-to-day business

EPFL holds a general export licence authorising transfers of dual-purpose goods to certain countries (listed in Appendix 4 of the OCB); however, this general licence does not cover:

• nuclear goods and technologies
• certain biological substances
• goods and technologies that are known to be or could be intended for the development, production or use of nuclear, biological or chemical weapons (weapons of mass destruction/WMD) or vector systems (rockets, missiles, drones, etc.) intended for the use of such weapons.

Therefore, prior to any (formal or informal) transmission to a company, person or institution outside Switzerland of any information, research results, demonstrators, prototypes, etc. that do not fall within the public domain, you must check whether the elements to be transmitted are subject to an authorisation (see the lists of goods and GCO appendices on the SECO website) or to a declaration to SECO.

If in doubt, or if the EPFL general export licence does not apply, you must imperatively contact the VPA Legal Affairs department prior to any export via [email protected].

Also note that some foreign laws on export control, particularly US laws, differ from Swiss laws in that they prohibit not only export to certain countries but also access to certain technologies, software and information for persons of certain nationalities. You should therefore be especially cautious in the context of international collaborations, notably with US companies or research institutes, and ensure in advance that the foreign legislation on export control is observed.