Basic information
Outline of the system
In accordance with Article 7 of the Federal Law on National Economic Supply (LAP; RS 531), the Government (Federal Council) may subject goods of vital importance to compulsory stockpiling. To that end, it may place the products concerned under the automatic import licensing regime. The granting of a licence is conditional upon the conclusion of a stockpiling contract or the provision of a financial benefit identical to that arising under a compulsory stockpiling contract.
Product coverage
The following agricultural goods are subject to compulsory stockpiling: sugar, rice, edible oils and fats, coffee, various kinds of cereal, and energy rich and protein rich foods for use in animal feed (Réservesuisse Genossenschaft, Additional information in French, German and Italian available at: http://www.reservesuisse.ch). These goods appear in Annexes 1 to 5 of the Ordinance on compulsory stockpiling of foods and fodder and are classified under the following Swiss customs tariff numbers (HS 2017): See Products.
Nature of licensing
Automatic
If Automatic, administrative purpose
The purpose of automatic licensing is to ensure compulsory stockpiling.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
No restrictions.
Questions for products under restriction as to the quantity or value of imports
Not applicable (no quantitative restrictions).
The system applies to products originating from which country?
The regulations apply to imports of all goods, irrespective of where they come from.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Legal bases: The Federal Law on National Economic Supply (RS 531, https://www.admin.ch/opc/fr/classified compilation/20141710/index.html) as well as the Ordinance on compulsory stockpiling of foods and fodder (RS 531.215.11, https://www.admin.ch/opc/fr/classified compilation/20170050/index.html).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
In principle, all persons, firms and institutions are eligible to apply for an import licence.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Only the usual information is required. Samples of the various application forms are available on the Réservesuisse Genossenschaft website: (http://www.reservesuisse.ch/index.php?id=8&L=1&type=2012).
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for a general import licence must be submitted a few days before importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
In urgent cases, the licence may be granted immediately by fax.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In urgent cases, the licence may be granted immediately by fax.
Which administrative body is responsible for approving application of licences?
Applications are handled by a single service: Réservesuisse Genossenschaft grants general import licences under the authority of the Swiss Confederation.
Must the applications be passed on to other organs for visa, note or approval?
Applications are handled by a single service: Réservesuisse Genossenschaft grants general import licences under the authority of the Swiss Confederation.
Are there any other conditions attached to the issue of a licence?
The issuing of the licence is subject to the payment of the portions of the customs duty that are not collected by the Federal Customs Administration.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No fees.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
As a rule, no.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
There are no reasons to refuse an application for a licence other than failure to meet the specific criteria.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Have applicants a right of appeal in the event of refusal to issue a licence?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
If so, to what bodies and under what procedures?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
The number of the automatic licence. All other import requirements are noted in the working tariff (https://www.tares.ch).
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity is not limited as long as the conditions on which the licence was granted are met.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licences are not transferable between eligible persons.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no restrictions on foreign exchange in force.
Is a licence required as a condition to obtaining foreign exchange?
There are no restrictions on foreign exchange in force.
Is foreign exchange always available to cover licences issued?
There are no restrictions on foreign exchange in force.
What formalities must be fulfilled for obtaining the foreign exchange?
There are no restrictions on foreign exchange in force.