Best Sanctions & Export Controls Lawyers in Bern

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ambralaw
Bern, Switzerland

Founded in 2000
50 people in their team
Romansh
French
Italian
German
English
About ambralawambralaw is a well-established firm of attorneys-at-law and notaries with national and international focus in the center of Bern. The lawyers of ambralaw counsel businesses and private individuals comprehensively in all legal fields and represent their clients before court and...
KBW Kanzlei Bern West
Bern, Switzerland

Founded in 2000
English
KBW Kanzlei Bern West, located in the heart of Bümpliz, Bern, offers a comprehensive range of legal services tailored to meet diverse client needs. With over 40 years of tradition, the firm has built a reputation for delivering high-quality, discreet, and service-oriented legal solutions. Their...

Founded in 2017
English
Khovrin International Law Office GmbH, established in 2017 and headquartered in Bern, Switzerland, offers professional legal services to a diverse clientele in Switzerland, Cyprus, and beyond. The firm specializes in Dispute Resolution, Corporate and Commercial Law, Banking and Finance, and...
Bern, Switzerland

English
Lexwise is a dedicated law firm located in Bern, Switzerland, committed to translating complex legal matters into practical, life-oriented solutions. The firm offers comprehensive legal advice and representation across various areas, ensuring that clients receive realistic and sustainable outcomes...
Bern, Switzerland

Founded in 2014
English
Law Firm Switzerland, located in the heart of Berne, specializes in advising and representing private individuals and enterprises with Swiss and international interests. The firm's attorneys possess extensive expertise in areas such as Swiss and international tax law, inheritance law, contract law,...

Founded in 1946
English
Established in 1946, lafranchi meyer is a distinguished law firm based in Bern, Switzerland, offering comprehensive legal services both nationally and internationally. The firm's team of nine attorneys provides advisory and procedural assistance across various legal domains, including civil law,...
Walther Leuch Howald
Bern, Switzerland

English
Walther Leuch Howald is a modern and efficient law firm based in Bern, Switzerland, specializing in civil, tax, and procedural law. The firm offers comprehensive services, including legal advice, litigation, and expert opinions, catering to a diverse clientele ranging from self-employed individuals...
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About Sanctions & Export Controls Law in Bern, Switzerland

Sanctions and export controls are key components of Switzerland's strategy to ensure compliance with international obligations and promote national security. In Bern, Switzerland's capital and regulatory center, these laws are enforced to prevent the unauthorized transfer of goods, technology, and financial assets to countries, entities, or individuals subject to restrictions or embargoes. The framework is designed to align with United Nations and European Union mandates while maintaining Switzerland's own policies on neutrality and global cooperation. Businesses and individuals in Bern must navigate a complex legal environment to ensure they do not inadvertently breach these strict laws.

Why You May Need a Lawyer

Legal expertise is crucial when dealing with sanctions and export controls due to the potential for severe penalties, including fines and imprisonment, as well as reputational damage. Common scenarios where legal advice is indispensable include:

  • International trade involving countries or entities subject to sanctions
  • Exporting dual-use goods or sensitive technologies
  • Providing financial or business services that could indirectly support sanctioned parties
  • Uncertainty over the classification of goods, technology, or services under Swiss and international law
  • Investigations, audits, or enforcement actions by Swiss regulatory authorities
  • Developing corporate compliance programs to prevent inadvertent violations

A specialized lawyer can help clarify legal requirements, assist in license applications, support internal investigations, negotiate with authorities, and represent you in court if required.

Local Laws Overview

Sanctions and export controls in Bern are primarily governed by the Swiss Embargo Act (Embargogesetz, EmbG) and associated ordinances. Switzerland implements:

  • UN Security Council sanctions
  • Autonomous Swiss sanctions and measures
  • Certain EU sanctions that align with Swiss policies

The State Secretariat for Economic Affairs (SECO), based in Bern, administers these regulations. Key aspects include:

  • Export and transit controls for military equipment, dual-use goods, and certain services
  • Asset freezes, prohibitions on financial transactions, and travel bans linked to sanctioned entities or individuals
  • Stringent due diligence and record keeping requirements for companies involved in international business
  • Heavy penalties for non-compliance, both administrative and criminal
  • Ongoing updates and changes in response to international developments

Frequently Asked Questions

What are sanctions and export controls?

Sanctions are legal measures restricting dealings with targeted entities, governments, or individuals, while export controls regulate the movement of goods, technologies, and services that could pose security risks.

Who enforces these laws in Bern?

Enforcement is primarily handled by the State Secretariat for Economic Affairs (SECO), with collaboration from other federal agencies, customs authorities, and law enforcement.

Which goods are considered controlled or restricted?

Controlled goods commonly include military equipment, dual-use items (those with both civilian and military uses), sensitive technologies, and products linked to sanctioned industries.

Do sanctions apply to Swiss businesses operating abroad?

Yes, Swiss companies and citizens are generally required to comply with Swiss sanctions, even when operating outside Switzerland, particularly if the activity has a Swiss connection.

How do I know if my business partner is on a sanctions list?

SECO maintains an up-to-date list of sanctioned persons and entities. Screening business partners against these lists is essential before establishing or continuing relationships.

Is it possible to obtain a license to export restricted goods?

In some cases, yes. License applications can be submitted to SECO, which evaluates them on a case-by-case basis, considering national and international legal obligations.

What are the penalties for violating sanctions or export control laws?

Violations can lead to criminal prosecution, substantial fines, imprisonment, confiscation of goods, and reputational harm to individuals and businesses.

How often do Swiss sanctions and export control regulations change?

Rules and lists are frequently updated in response to international political developments. Regular monitoring is essential for ongoing compliance.

What should I do if I suspect a violation within my company?

Immediate steps include conducting an internal investigation, consulting legal counsel, and, if necessary, self-reporting to SECO to potentially mitigate penalties.

Is there any guidance available for setting up a compliance program?

Yes. SECO provides guidelines, and many legal professionals in Bern offer specialized compliance training and support for businesses exposed to sanctions and export controls risks.

Additional Resources

Several organizations and resources can assist individuals and businesses in Bern regarding sanctions and export controls:

  • State Secretariat for Economic Affairs (SECO): Responsible for regulation and enforcement
  • Swiss Federal Customs Administration: Monitors import, export, and transit of goods
  • Swiss Ministry of Foreign Affairs: Provides information on international sanctions regimes
  • Swiss Bar Association: Directory of attorneys with expertise in sanctions and export controls
  • Chamber of Commerce Bern: Offers seminars, updates, and compliance support

Next Steps

If you require legal assistance with sanctions or export controls in Bern, consider the following steps:

  • Assess your current exposure to sanctions and export controls risks
  • Gather all relevant documents and transaction records
  • Consult a qualified legal professional with expertise in Swiss and international economic law
  • Implement or review your business compliance policies, especially if involved in international trade or finance
  • Stay informed about updates from SECO and other relevant authorities
  • If facing enforcement action, do not delay in seeking legal representation to protect your rights and interests

Being proactive and seeking legal guidance can help you navigate this complex area of law, minimize risks, and maintain compliance with Swiss and international obligations.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.