Best Sanctions & Export Controls Lawyers in Chur

About Sanctions & Export Controls Law in Chur, Switzerland

Sanctions and export controls in Chur are governed by Swiss federal law. Switzerland operates a national export-control and sanctions framework that is administered at the federal level. Local authorities in the canton of Graubunden, where Chur is located, do not set sanctions policy but can be involved in administrative matters and in providing support to companies and individuals operating in the region.

Federal agencies most directly involved include the State Secretariat for Economic Affairs (SECO) - which implements economic measures and sanctions - and the Federal Customs Administration - which enforces export controls at the border. Switzerland also participates in multilateral export-control regimes, such as the Wassenaar Arrangement, and implements measures required by United Nations Security Council decisions and other international obligations.

Practically, this means that residents and businesses in Chur must comply with Swiss licence requirements for military and certain dual-use goods, observe asset-freezing and trade-restriction measures adopted by the Federal Council, and carry out screening and due diligence to avoid prohibited transactions with sanctioned persons and entities.

Why You May Need a Lawyer

Sanctions and export-control rules are technical and change frequently. A lawyer can help you understand how the rules apply to your specific situation and reduce the risk of costly mistakes.

Common situations in which legal advice is useful include handling licence applications for controlled goods; designing and reviewing compliance programs and internal procedures; classifying products as dual-use or military items; conducting due diligence on business partners, buyers, and intermediaries; responding to customs seizures or regulatory inquiries; preparing voluntary disclosures following inadvertent breaches; and defending against administrative or criminal investigations and sanctions.

Lawyers with experience in this field can also advise on how foreign sanctions - for example US secondary sanctions - may affect Swiss companies and can coordinate with foreign counsel when transactions touch other jurisdictions.

Local Laws Overview

Key features of the Swiss legal framework that affect people in Chur include the following.

Licence requirements - Exports of war material and certain dual-use goods usually require an export licence. Licence regimes cover hardware, software, technical assistance and, in some cases, specific end-uses or end-users.

Sanctions and embargoes - The Federal Council decides and announces sanctions and embargoes. SECO implements those measures and maintains lists of designated persons and entities subject to asset-freezing or transaction bans. Sanctions can be targeted (individuals or companies) or sectoral and can include trade, financial and travel measures.

Customs and controls - The Federal Customs Administration is responsible for clearance and border controls. Customs can detain goods, request documentation, and take enforcement action if export rules are violated.

Due diligence and record-keeping - Swiss law encourages or requires appropriate screening and documentation to demonstrate compliance. Businesses should maintain records of licences, trade documents, contracts and communications relevant to export activity and sanctions checks.

Penalties - Violations can result in administrative fines, confiscation of goods, revocation of licences, and in some cases criminal prosecution. Penalties depend on the nature and severity of the breach and whether it was intentional.

Interaction with foreign law - Transactions involving foreign persons, financing, or US-origin components may trigger foreign export-control or sanctions regimes with extraterritorial effect. Careful legal analysis is required when multiple jurisdictions are involved.

Frequently Asked Questions

What is the difference between sanctions and export controls?

Sanctions are restrictive measures imposed for foreign-policy or security reasons - for example asset freezes or trade embargoes against a country or listed persons. Export controls regulate the transfer of certain goods, software or technology because of their potential military use or proliferation risk. Both aim to limit harmful activity, but sanctions target political and economic pressure while export controls focus on controlling sensitive items and technologies.

Who enforces sanctions and export controls in Switzerland?

Sanctions are implemented by SECO under Federal Council decisions. Export controls and customs enforcement are handled by the Federal Customs Administration. Criminal investigations or prosecutions arising from serious violations involve the federal criminal justice authorities. Cantonal authorities may assist with administrative matters and local enforcement in some circumstances.

Do I need a licence to export goods from Chur?

Possibly. Exports of war material and many dual-use items require a Swiss export licence. Whether a licence is needed depends on the item, its technical characteristics, the destination country, the stated end-use, and the end-user. If you are unsure, seek an export classification and legal advice before shipping.

How do I check if a person or company is sanctioned?

SECO maintains the Swiss sanctions list of designated persons and entities. Businesses should screen transactions and counterparties against that list and against relevant international lists as part of routine due diligence. A lawyer or compliance adviser can help set up a screening process and interpret ambiguous matches.

What should I do if customs detains my shipment?

If customs detains a shipment, preserve all documents and communications. Contact a lawyer experienced in export controls and customs law immediately. A lawyer can advise on the grounds for detention, help prepare and submit any required documentation or licence applications, and represent you in dealings with customs and other authorities.

Can foreign sanctions affect a company based in Chur?

Yes. Foreign sanctions - especially those imposed by the United States or the European Union - can have extraterritorial effects, particularly if transactions involve US-origin goods, US banks or US persons. Swiss companies may need to comply with foreign requirements or face secondary effects, such as loss of access to foreign markets or financial services. Legal advice is important when foreign connections exist.

What are the consequences of non-compliance?

Consequences range from administrative fines and confiscation of goods to criminal charges for serious or intentional breaches. Companies can also face business disruptions, contractual liability, and reputational harm. Prompt legal advice can reduce exposure and may allow for mitigation, such as voluntary disclosure.

How long does a licence application usually take?

Timelines vary depending on the type of licence, the complexity of the transaction, the need for end-use or end-user checks, and any international clearance processes. Simple cases may be processed in weeks while complex or politically sensitive cases can take months. Start early and consult counsel if timing is critical.

Can sanctions or export controls be challenged or appealed?

Yes. Decisions by authorities can often be appealed through administrative procedures or brought before the courts. The available remedies and procedural rules depend on the type of decision and the applicable statute. A lawyer can advise on the merits of an appeal and the required procedural steps.

How can a small business in Chur build a compliance program?

A focused compliance program should include risk assessment, clear internal policies, screening procedures for customers and suppliers, staff training, record-keeping rules, and escalation paths for suspicious transactions. Small businesses can start with proportional measures and scale up as needed. Legal counsel can help tailor a program to your risks and operations.

Additional Resources

State Secretariat for Economic Affairs (SECO) - responsible for implementing economic sanctions and issuing guidance on sanctions measures.

Federal Customs Administration - handles export clearances, border controls and related enforcement actions.

Federal Department of Foreign Affairs - sets foreign-policy objectives that drive sanctions decisions taken by the Federal Council.

Wassenaar Arrangement and other multilateral export-control regimes - provide export-control lists and standards that Switzerland follows in part.

United Nations and European Union sanctions frameworks - relevant when Switzerland aligns with or implements UN or EU measures.

Swiss Bar Association and local cantonal bar - for referrals to qualified lawyers experienced in sanctions and export controls.

Local cantonal authorities in Graubunden - for regional administrative questions and business support in Chur.

Next Steps

1. Assess your situation - Gather all relevant documents: purchase orders, contracts, technical specifications, end-user and end-use statements, shipping documents and any communications about the transaction.

2. Screen involved parties - Conduct immediate screening of counterparties and beneficial owners against sanctions lists and conduct basic due diligence.

3. Seek specialist legal advice - Contact a lawyer in Switzerland who has experience in sanctions, export controls and customs matters. Specify whether foreign laws might apply to your case so counsel can coordinate cross-border advice.

4. Prepare for regulatory contact - If authorities are involved or likely to be contacted, preserve records and avoid altering or destroying evidence. Ask your lawyer about voluntary disclosure options if a breach has occurred.

5. Implement compliance measures - Even if there is no immediate problem, put in place proportionate policies, screening tools and training to reduce future risk.

6. Plan timelines and budgets - Ask about likely timelines and fee structures during your initial consultation so you can manage regulatory deadlines and business plans.

If you are in Chur and unsure where to start, an initial consultation with a locally based lawyer or a Swiss firm with export-control experience is the most practical step. Local counsel can assess your matter, liaise with federal authorities on your behalf, and coordinate any needed cross-border advice.