Section 1 General Provisions
Art. 1 Subject matter
1 The Confederation may enact compulsory measures in order to implement sanctions that have been ordered by the United Nations Organisation, by the Organisation for Security and Cooperation in Europe or by Switzerland’s most significant
trading partners and which serve to secure compliance with international law, and in
particular the respect of human rights.
2 The right is reserved for the Federal Council to take measures to safeguard the
interests of the country in accordance with Article 184 paragraph 3 of the Federal
Constitution.
3 Compulsory measures may in particular:
a. directly or indirectly restrict transactions involving goods and services,
payment and capital transfers, and the movement of persons, as well as scientific, technological and cultural exchange;
b. include prohibitions, licensing and reporting obligations as well as other restrictions of rights.
AS 2002 3673
1 SR 101
2 BBl 2001 1433
Art. 2 Scope of authority
1 The Federal Council has the authority to enact compulsory measures. It may stipulate exceptions in order to support humanitarian activities or to safeguard Swiss
interests.
2 The Federal Council may stipulate exceptions in accordance with paragraph 1
above, in particular for the provision of food supplies, medicines and therapeutic
products for humanitarian purposes.
3 The compulsory measures are enacted in the form of ordinances.
Section 2 Supervision of Compliance
Art. 3 Duty of disclosure
Anyone who is directly or indirectly affected by measures in accordance with this
Act must provide the supervisory authorities appointed by the Federal Council with
the information and documentation that is required for comprehensive assessment or
supervision to be carried out.
Art. 4 Powers of the supervisory authorities
1 The supervisory authorities have the right to enter and to inspect the business
premises of persons who are subject to a duty of disclosure without prior notice
during normal working hours, as well as to examine relevant documentation. They
shall seize any incriminating material.
2 They may call upon the assistance of the cantonal or communal police as well as
investigating officers from the Federal Office for Customs and Border Security. 3
3 The supervisory authorities and any other authorities called upon for assistance are
obliged to preserve official secrecy and take such precautionary measures within the
scope of their activities as may be required to prevent industrial espionage.
Section 3 Data Protection and Cooperation between Authorities
Art. 5 Data processing
1 The responsible authorities of the Federal Administration may process personal
data provided this is necessary for the enforcement of this Act and of ordinances in
terms of Article 2 paragraph 3.
2 They may only process particularly sensitive personal data in the event that such
data is relevant to proceedings or sanctions under the administrative or criminal law.
No other particularly sensitive personal data may be processed unless such processing is essential for the handling of the case in question.
3 Amended by No I 39 of the O of 12 June 2020 on the Amendment of Legislation as a
consequence of the Change to the Name of the Federal Customs Administration as part of
its further Development, in force since 1 Jan. 2022 (AS 2020 2743).
Art. 6 Administrative assistance in Switzerland
The responsible authorities of the Confederation together with the cantonal and
communal police authorities may disclose data, including particularly sensitive
personal data, to each other and to the relevant supervisory authorities provided that
this is necessary for the implementation of this Act and of the ordinances in terms of
Article 2 paragraph 3.
Art. 7 Administrative and mutual assistance between Swiss and foreign
authorities
1 The authorities of the Confederation that are responsible for enforcement, supervision, crime prevention and prosecution may cooperate with the responsible foreign
authorities as well as with international organisations or bodies and coordinate
investigations, provided:
a. this is necessary for the implementation of this Act and of the ordinances in
terms of Article 2 paragraph 3, corresponding foreign provisions, or corresponding provisions of international organisations; and
b. the foreign authorities, and international organisations or bodies are bound
by official secrecy or a corresponding duty of secrecy, and guarantee the
prevention of industrial espionage within the scope of their activities.
2 They may in particular request foreign authorities and international organisations
or bodies to handover any data that is required. In order to obtain such data, they
may disclose data, including particularly sensitive personal data, to other authorities,
and in particular data relating to:
a. the nature, quantity, place of destination and place of use, purpose, and recipients of goods;
b. persons who are involved in the manufacture, supply or procurement of
goods;
c. the financial terms and conditions of the transaction;
d. frozen accounts and assets.
3 The federal authorities may disclose data in terms of paragraph 2 above on their
own initiative or in response to a request from a foreign state, provided the relevant
state:
a. accords reciprocal legal rights and is also enforcing the international sanctions;
b. provides the assurance that the data will be processed only for purposes that
are in accordance with this Act; and
c. provides the assurance that the data will be used in criminal proceedings only where mutual assistance in criminal matters would not be excluded due to
the nature of the offence.
4 The relevant administrative unit of the Confederation shall decide in consultation
with the federal department responsible for mutual assistance matters 4 whether the
requirements for the use of data in criminal proceedings in terms of paragraph 3
letter c above have been fulfilled.
5 The federal authorities may, subject to the requirements of paragraph 3 above, also
disclose data to international organisations or bodies; in doing so, they may dispense
with the requirement that reciprocal legal rights be accorded.
6
In cases of violations of this Act, mutual assistance may be given to foreign authorities and international organisations or bodies in accordance with paragraph 1 above.
Such violations do not constitute currency, commercial, or economic offences in
terms of Article 3 paragraph 3 of the Mutual Assistance Act of 20 March 1981 5, the
procedural provisions of which remain applicable.
Section 4 Rights of Appeal
Art. 8
The appeal procedure in respect of rulings made under this Act is governed by the
general provisions on the administration of justice at federal level.
Section 5 Criminal Provisions and Measures 6
Art. 9 Misdemeanours
1 Anyone who wilfully violates any provision of an ordinance in terms of Article 2
paragraph 3, provided such violation is declared to be subject to prosecution, is
liable to a term of imprisonment of up to one year or a fine of a maximum of
500,000 Swiss francs.
2
In serious cases, the penalty is a term of imprisonment of up to five years. A custodial sentence may be combined with a fine of a maximum of 1 million Swiss francs.
3
If the offence is committed through negligence, the penalty is imprisonment of up
to three months or a fine of a maximum of 100,000 Swiss francs.
4 Currently the Federal Office of Justice.
5 SR 351.1
6 From 1 Jan. 2007, the penalties and time limits must be interpreted or recalculated in
application of Art. 333 para. 2–6 of the Swiss Criminal Code (SR 311.0) in its version
contained in the FA of 13 Dec. 2002 (AS 2006 3459).
Art. 10 Contraventions
1 The penalty is detention or a fine of a maximum of 100,000 Swiss francs for anyone who wilfully:
a. refuses to provide information, to hand over documents, or to permit access
to business premises in terms of Article 3 and Article 4 paragraph 1, or who
provides false or misleading information in this connection;
b. in the absence of culpable conduct that would constitute any other criminal
offence, violates in any other manner the terms of this Act or any provision
of an ordinance in terms of Article 2 paragraph 3, provided such violation is
declared to be subject to prosecution, or any order issued and that carries a
reference to the liability to penalties under this Article.
2 Attempts and aiding and abetting are also be liable to prosecution.
3
In the event that the offence is committed through negligence, the penalty is a fine
of a maximum of 40,000 Swiss francs.
4 The right to prosecute prescribes after five years. The prescriptive period may not
be extended by more than one half as a result of interruption.
Art. 11 Concurrence of more than one criminal provision
1
If an offence under this Act at the same time constitutes an offence under the War
Materials Act of 13 December 1996 7, the Control of Goods Act of 13 December
1996 8 or the Nuclear Energy Act of 23 December 1959 9, then the criminal provisions of the Act that provides for the most severe penalty apply exclusively.
2
If an offence under this Act at the same time constitutes a customs offence under
Article 76 of the Customs Act of 1 October 1925 10, then the criminal provisions of
the Customs Act apply exclusively, subject to the provisions of paragraph 1 above.
Art. 12 Offences committed by businesses
Article 6 of the Federal Act of 22 March 1974 11 on Administrative Criminal Law
applies to offences committed by businesses.
Art. 13 Forfeiture of property and assets
1 Property and assets that are subject to compulsory measures shall be forfeited
irrespective of the criminal liability of any particular person in the event that their
continued lawful use is not guaranteed.
7 SR 514.51
8 SR 946.202
9 SR 732.0
10 SR 631.0
11 SR 313.0
2 Forfeited property and assets, together with any revenues from their sale shall
become the property of the Confederation subject to the provisions of the Federal
Act of 19 March 2004 12 on the Division of Forfeited Assets. 13
Art. 14 Jurisdiction
1 The Federal Act of 22 March 1974 14 on Administrative Criminal Lawapplies.
2
In the event that the criminal provisions of this Act apply, the Office of the Attorney General of Switzerland may at the request of the relevant administrative unit
initiate an investigation provided that this is justified by the seriousness of the offence. The initiation of an investigation by the Office of the Attorney General of
Switzerland establishes federal jurisdiction.
Section 6 Final Provisions
Art. 15 Reporting
The Federal Council shall inform the Federal Assembly of matters relating to the
application of this Act in its reports on foreign economic policy.
Art. 16 Addition of annexes to ordinances
The relevant department15 may add annexes to ordinances issued in terms of Article
2 paragraph 3.
Art. 17 Amendment of current law
The federal acts below are amended as follows:
… 16
Art. 18 Referendum and commencement
1 This Act is subject to an optional referendum.
2 The Federal Council shall specify the commencement date.
Commencement date: 1 January 2003 17
12 SR 312.4
13 Amended by No 7 of the Annex to the Federal Act of 19 March 2004 on the Division of
Forfeited Assets, in force since 1 Aug. 2004 (AS 2004 3503).
14 SR 313.0
15 Currently the Federal Department of Economic Affairs, Education and Research.
16 The amendments may be consulted under AS 2002 3673.
17 FCD 30 Oct. 2002.
