Best International Trade Law Lawyers in Dornach

About International Trade Law in Dornach, Switzerland

International trade law in Dornach operates within the Swiss federal framework and the international agreements that Switzerland has concluded. Dornach is in the canton of Solothurn near the Basel border region, so businesses often interact with nearby customs points and logistics hubs that serve France and Germany. Swiss international trade law covers import and export rules, customs tariffs, origin and preferential duty schemes, sanctions and embargoes, export controls on dual-use and military goods, product safety and conformity requirements, trade finance, and cross-border sales contracts. Switzerland is a member of the World Trade Organization and the European Free Trade Association, and it maintains a broad network of free trade agreements that can lower duties if rules of origin are met.

Why You May Need a Lawyer

You may need a lawyer to classify goods correctly and secure preferential duty treatment, to set up customs and VAT compliant supply chains, to screen transactions for sanctions risk, to obtain export licenses for dual-use or war material items, to draft and negotiate sales, distribution, and agency contracts that allocate delivery, risk, and payment obligations, to structure terms under Incoterms and the Convention on Contracts for the International Sale of Goods, to respond to customs audits or post-clearance assessments, to resolve disputes through Swiss courts or arbitration, to protect Swissness and origin claims on labels and marketing, to meet sector-specific product compliance such as medical devices or chemicals, and to manage cross-border e-commerce obligations including Swiss VAT registration for non-resident sellers.

Local Laws Overview

Customs and tariffs are governed by the Swiss Customs Act and the Customs Tariff Act. The Federal Office for Customs and Border Security administers customs formalities, valuation, tariff classification, and import taxes. Switzerland uses the Harmonized System for product classification and the official Swiss tariff schedule for duty rates. Preferential duty rates can apply under free trade agreements if your goods qualify under the applicable rules of origin. Tariff classification and origin status are verified during clearance and may be audited after import.

Import VAT is charged at the border. As of 2024 the standard VAT rate is 8.1 percent, the reduced rate is 2.6 percent, and the special accommodation rate is 3.8 percent. Non-resident sellers that ship low-value consignments into Switzerland may have to register for Swiss VAT if their worldwide turnover from such supplies reaches the statutory threshold. Many domestic supplies within Switzerland, including onward sales after import, are also subject to VAT registration and invoicing rules.

Sanctions and embargoes are implemented under the Embargo Act. Switzerland issues country-specific ordinances that may freeze assets, restrict trade in certain goods or services, and impose financial or travel measures. Compliance screening of parties, goods, and end uses is essential. Violations can lead to criminal and administrative penalties.

Export controls are set out in the Goods Control Act for dual-use items and the War Material Act for military items. Licenses may be required for exports, brokering, technical assistance, and transit of sensitive items. The State Secretariat for Economic Affairs is the licensing authority. Companies should maintain an internal compliance program with product classification, customer screening, and recordkeeping.

Product compliance and safety are regulated by the Product Safety Act and sector-specific ordinances such as those on chemicals and foodstuffs. Conformity assessment can in some sectors rely on mutual recognition with the European Union, but updates vary by sector. For certain goods such as medical devices, additional Swiss requirements, including a Swiss-based economic operator, may apply. Labels and origin claims are regulated by the Trade Mark Protection Act and the Swissness Ordinance, which protect Swiss origin indications.

Contracts for cross-border sale of goods are often subject to the Swiss Code of Obligations and the CISG unless excluded. Incoterms are widely used to allocate delivery points, costs, and risks. Disputes are frequently resolved through arbitration under the Swiss Arbitration Centre or in Swiss courts. In Dornach and the wider Basel region, companies often rely on local logistics providers and customs brokers with cross-border experience.

Administrative touchpoints for Dornach include the Commercial Register of the Canton of Solothurn for company registrations, the cantonal Office for Economy and Labour for business support, nearby Basel customs offices for clearance, and regional chambers of commerce for trade documentation and certificates of origin. Swiss customs IT systems are being modernized under the DaziT program, so businesses should verify the current digital platform and data requirements before filing.

Frequently Asked Questions

Which authorities oversee international trade for a business based in Dornach

The Federal Office for Customs and Border Security handles customs, tariffs, valuation, and import VAT. The State Secretariat for Economic Affairs oversees export controls, sanctions, and free trade agreement policy. Sector regulators such as Swissmedic for medical devices or METAS for metrology may apply. Locally, the Cantonal Commercial Register and regional chambers of commerce provide corporate and trade documentation services. Nearby Basel customs offices are commonly used for physical clearance.

Do I need an EU EORI number if I am exporting from Dornach

An EU EORI number is required only if you lodge customs declarations within the European Union. A Swiss exporter that does not act as declarant in the EU typically does not need an EORI. In Switzerland you will use your Swiss business identifier and the customs registration accepted by the Federal Office for Customs and Border Security. If you or your logistics provider will submit declarations in the EU, obtain an EORI from an EU customs authority.

How are customs duties and import taxes calculated

Duties are based on the tariff classification, origin of the goods, and customs value. Switzerland applies specific or ad valorem rates depending on the product. Preferential duty rates may apply if the goods qualify under a free trade agreement and you provide acceptable proof of origin. Import VAT is calculated on the customs value plus duties and certain costs to the point of entry. Correct valuation and documentation are essential to avoid post-clearance assessments.

How do I determine the correct HS code for my product

Classify products using the Harmonized System and the Swiss tariff schedule, relying on legal notes, explanatory notes, and binding classification practice. Consider material composition, function, and essential character. Complex items and kits may require specific rules. When in doubt, seek expert advice or request guidance before import to prevent delays and penalties.

Can my goods benefit from preferential duty rates under Switzerland’s free trade agreements

Yes if your goods meet the relevant product-specific rules of origin and you provide valid origin proof such as a declaration of origin or a certificate where required. Switzerland has free trade agreements through EFTA and bilaterally with the EU for industrial goods. Rules vary by partner, product, and cumulation system. Maintain supplier declarations and origin calculations to support your claim in audits.

When is an export license required from Switzerland

An export license is required for military items under the War Material Act and for dual-use goods, software, and technology under the Goods Control Act when listed or when there is a risk of prohibited end use or end user. Brokering, technical assistance, and transit can also be controlled. Conduct product classification and end use screening early in the sales process to determine licensing needs.

How do Swiss sanctions affect deals with Russia, Iran, or other sanctioned countries

Swiss sanctions are enacted through country-specific ordinances under the Embargo Act and can restrict trade in certain goods and services, financing, insurance, and dealings with listed persons. Many measures align with United Nations and European Union actions, but Switzerland decides and publishes its own rules. You must screen counterparties, vessels, banks, and goods, and you may need to apply for exemptions or authorizations for permitted activities. Violations carry significant penalties.

Does the CISG apply to my cross-border sales contract from Dornach

The CISG applies by default to contracts for the sale of goods between parties in contracting states unless the parties exclude it. Switzerland is a contracting state. Many businesses keep the CISG but tailor key terms such as warranty, limitation of liability, and remedies. If you want Swiss domestic law or another law to apply without the CISG, you must exclude it expressly in the contract.

Which Incoterms should I choose for exports from Dornach

Choose Incoterms that fit your logistics and risk appetite. FCA is common for handing goods to a carrier in Switzerland, CPT or CIP allocate main carriage to the seller, and DAP or DDP put more delivery obligations on the seller at destination. Align Incoterms with your customs and VAT plan, especially for DDP which may create tax and registration obligations abroad. Always specify the named place and Incoterms year.

What VAT obligations apply to foreign businesses selling to Swiss customers

Foreign businesses may need to register for Swiss VAT if they supply goods or certain services in Switzerland and meet turnover thresholds. Low value consignments are not automatically exempt at the seller level. Import VAT is due at the border, and domestic supplies after import are subject to VAT rules. A fiscal representative may be required for non-resident registrants. Keep proper invoices and evidence of export for zero-rated supplies where applicable.

Additional Resources

State Secretariat for Economic Affairs SECO for export controls, sanctions programs, free trade agreements, and origin rules guidance.

Federal Office for Customs and Border Security for customs procedures, tariff classification, import VAT, Authorized Economic Operator status, and customs IT systems under the DaziT program.

Swiss tariff and customs classification resources including the Swiss tariff schedule and explanatory materials commonly known as Tares.

Swiss Arbitration Centre for commercial and trade dispute resolution through arbitration seated in Switzerland.

Swiss Bar Association for finding qualified attorneys with experience in international trade and customs law.

Commercial Register of the Canton of Solothurn for company registrations, changes, and obtaining official extracts.

Office for Economy and Labour of the Canton of Solothurn for business permits, incentives, and regional economic support.

Chambers of commerce in the region such as the Solothurn chamber and the chamber of the two Basels for certificates of origin, ATA carnets, and trade documentation.

EFTA Secretariat for information on free trade agreements and rules of origin frameworks that apply to Swiss trade.

Sector regulators such as Swissmedic for medical devices and METAS for metrology and conformity assessment matters.

Next Steps

Map your transaction by identifying the product, HS code, origin, destination, Incoterms, and payment method. Confirm whether preferential origin can be claimed and gather supplier declarations and manufacturing records. Screen all parties and vessels against Swiss sanctions and assess whether an export license is needed for dual-use or military items. Review product compliance and labeling requirements for Switzerland and the destination market and plan conformity assessment where applicable.

Estimate duty and tax costs using the Swiss tariff schedule and verify customs valuation. Decide who will act as importer of record and who will bear customs charges under the chosen Incoterms. For imports, plan for import VAT cash flow and deferment options. For exports, ensure zero-rating evidence and logistics documents are retained.

Draft or update your contracts, selecting governing law, jurisdiction or arbitration, Incoterms, quality and inspection standards, force majeure, sanctions and export control compliance, and dispute resolution clauses. Align trade finance instruments such as letters of credit with shipment timelines and documentation.

Set up or update your internal trade compliance program, including product classification, licensing workflow, sanctions screening, recordkeeping, and staff training. Assign clear responsibilities to logistics, finance, and sales teams and perform periodic audits.

Engage a Swiss lawyer with international trade experience in the Basel Solothurn region to review your plan, validate classifications and origin strategies, prepare license applications, and represent you before customs and SECO if issues arise. Bring key documents such as product specs, bills of materials, prior rulings, supplier declarations, commercial invoices, transport contracts, and any correspondence with authorities.

If a dispute or audit occurs, act quickly. Preserve evidence, do not make admissions before obtaining advice, and coordinate with your customs broker and insurer. Many issues can be resolved through clarification or voluntary corrective filings if handled promptly and transparently.

This guide is general information. Always obtain tailored legal advice for your specific transactions in Dornach and beyond.