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Founded in 2013
20 people in their team
English
Bolzern Haas & Partner AG is a Swiss law firm and notary practice based in Lucerne, with additional locations in Hochdorf, Sursee, Weggis and Hergiswil. The firm provides legal representation before courts and authorities, as well as a broad range of notarial services for private clients, families,...
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When Swiss sanctions or export controls could affect you in Engelberg

Engelberg is in the canton of Obwalden, and Swiss federal rules govern sanctions and controlled exports there. There is no separate Engelberg sanctions code or local export-licensing system; the relevant requirements depend on the goods, parties, destination, end use and transaction.

A business or individual in Engelberg may face restrictions when selling, shipping, brokering or financing goods connected with a sanctioned person or destination. Export controls can also apply to dual-use goods, which have civilian uses but could have military or other controlled uses. A lawyer can help assess the transaction, identify permits or prohibitions, and communicate with the relevant federal authority.

Situations where a lawyer can help

  • A bank freezes or delays a payment involving your Engelberg business, supplier or customer because of a sanctions screening alert.
  • You plan to export equipment, software or technical assistance from Switzerland and need to determine whether it is controlled or requires authorisation.
  • A customer, intermediary or beneficial owner appears on a Swiss sanctions list, and you need to assess ownership, control or payment restrictions before proceeding.
  • You are arranging a sale, transit or re-export through Switzerland and are unsure whether the goods, destination or end use triggers controls.
  • SECO or customs asks for documents, information or clarification about a shipment, licence application or suspected breach.
  • You need to review supplier, customer or payment procedures for an Engelberg-based business that trades internationally, including a business serving visitors or overseas clients.

Swiss laws that may apply

The Federal Act on the Implementation of International Sanctions, commonly called the Embargo Act, was adopted on 22 March 2002 and entered into force on 1 January 2003. It provides the basis for Swiss measures implementing international sanctions, which are generally set out in separate ordinances and may change.

The Federal Act on the Control of Dual-Use Goods and Specific Military Goods, known as the Goods Control Act, was adopted on 13 December 1996 and entered into force on 1 October 1997. It governs controls and permits for covered goods and related activities. The Federal Act on War Materiel, also adopted on 13 December 1996, entered into force on 1 April 1998 and regulates the manufacture, trade and export of war materiel.

Which rules apply depends on the transaction and the current text of the relevant ordinances and control lists. A lawyer should check the rules in force when the goods are supplied or the transaction takes place.

Frequently asked questions

Do Swiss sanctions rules apply to a person or company based in Engelberg?

Yes. Swiss federal sanctions rules apply in Engelberg, as elsewhere in Switzerland. Their application depends on the specific measure and the people, entities, funds or activities involved.

Are Swiss sanctions the same as EU or US sanctions?

No. Switzerland has its own sanctions measures and export-control rules. Foreign restrictions may also matter because of a transaction’s parties, currency, goods, contract terms or banking arrangements, so cross-border advice may be needed.

How can I check whether a customer or supplier is sanctioned?

Check the current Swiss sanctions information published by SECO and assess relevant names, ownership, control and transaction details. A name match alone may not resolve whether a restriction applies; seek legal advice before releasing funds or proceeding with a transaction that raises a credible concern.

Do I need a permit to export dual-use goods?

Possibly. The answer depends on the goods’ technical classification, destination, end user, end use and applicable restrictions. SECO can provide information on licensing, but a lawyer can help assess the facts and prepare or review an application.

Does the value or size of a shipment determine whether controls apply?

Not necessarily. Controls may apply because of the nature or use of the goods, the destination, the parties or the activity, rather than shipment value alone. Check the applicable rules before agreeing to ship or provide technical assistance.

Can a shipment be controlled even if it only passes through Switzerland?

Transit, brokering and other dealings may be subject to controls or sanctions restrictions. The answer depends on the goods, route, parties and applicable legal measure; do not assume that a shipment is exempt because it is not intended for a Swiss buyer.

What should I do if a bank freezes a payment?

Ask the bank what information it needs and preserve the relevant contracts, invoices, ownership records and correspondence. Do not try to route the payment through another party to avoid a screening or restriction; obtain advice on whether the funds can lawfully be released.

How quickly can a lawyer assess a sanctions concern?

An initial review may be possible within a few business days if you provide complete records and the issue is straightforward. Complex ownership questions, technical classifications or permit applications can take longer, and authority processing times vary.

What does a sanctions and export-controls lawyer cost?

There is no single fee for this work. Fees depend on urgency, complexity, document volume and whether the matter involves a permit application or contact with an authority. Ask for a written scope, rate or estimate, and confirmation of any additional costs before instructing counsel.

Can an individual in Engelberg get legal advice, or is this only for companies?

Individuals and organisations can seek advice. Whether a particular restriction applies depends on the person’s role and the transaction, including any business, payment, goods or services involved.

How is an export-control issue different from a sanctions issue?

Export controls generally regulate specified goods, technology, services or related activities, often through classification and licensing requirements. Sanctions can restrict dealings with particular countries, people, entities or funds. A single transaction may raise both kinds of issue.

Official resources

  • State Secretariat for Economic Affairs (SECO): Publishes Swiss sanctions information and administers important goods-control and licensing functions.
  • Federal Office for Customs and Border Security (FOCBS): Provides information on customs procedures and border enforcement relevant to imports, exports and transit.
  • Fedlex, the Swiss Confederation’s official publication platform: Provides access to current federal legislation, including the Embargo Act and goods-control laws.

Steps to find and hire a lawyer

  1. Gather the facts. Collect the parties’ legal names and ownership details, goods descriptions, destination, end-use information, payment records and any authority or bank notices. This can usually be done within a day.
  2. Identify the immediate risk. Note shipment dates, payment deadlines and whether goods or funds are being held. Pause any transaction that may be prohibited until you have checked the applicable rules.
  3. Search for Swiss counsel with relevant experience. Look for a lawyer who handles sanctions, export licensing and cross-border trade matters, and verify Swiss admission through the relevant cantonal register or supervisory authority.
  4. Arrange an initial consultation. Ask whether the lawyer has handled the relevant goods, destination or type of restriction. A first discussion may be available within several business days, depending on availability.
  5. Agree the scope and fees in writing. Confirm whether the work covers legal analysis, goods classification, a permit application, bank correspondence or authority contact. Request an estimate and clarify how urgent work is charged.
  6. Provide complete records and agree on next actions. Confirm who will contact the bank, SECO or customs, and who will monitor changes to applicable sanctions or control lists. Keep written records of advice and decisions.

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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.

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