Basic information
Outline of the system
Imports of chemicals covered by Schedule 1 of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) are subject to an import licence. The State Secretariat for Economic Affairs (SECO, https://www.seco.admin.ch) is responsible for examining licence applications.
Product coverage
The chemicals that are subject to import licensing are listed on Schedules 1A and 1B of the Annex to the Ordinance on the control of chemical products used for civilian and military purposes (OCPCh, RS 946.202.21, https://www.admin.ch/opc/fr/classified compilation/20121582/index.html) and reflect the commitments undertaken by Switzerland under the CWC. The corresponding Swiss customs tariff numbers are not available.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The purpose of the regime is to prevent the development, production, stockpiling and use of chemical weapons.
Questions for products under restriction as to the quantity or value of imports
The total amount of chemicals imported into Switzerland annually must never exceed one tonne (see OCPCh, Article 12). Each importer has to notify the Government of the total amount of imported Schedule 1 chemicals. This has to be done at the latest 60 days following the end of a calendar year.
The system applies to products originating from which country?
The importation of chemicals listed on Schedules 1A and 1B (OCPCh) from States parties to the CWC is subject to import licensing. The importation of such chemicals from States not party to the CWC is prohibited.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Federal Law on the control of goods used for civilian and military purposes and specific military goods (RS 946.202, https://www.admin.ch/opc/fr/classified compilation/19960740/index.html) of 13 December 1996, and the Ordinance on the control of chemical products used for civilian and military purposes (OCPCh; RS 946.202.21, https://www.admin.ch/opc/fr/classified compilation/20121582/index.html) of 21 August 2013. Switzerland has signed the internationally binding CWC and is therefore obliged to comply with the provisions of this Convention. The products subject to this regime are listed in the Annex to the Ordinance of the Swiss Federal Department of Economic Affairs, Education and Research (DEFR) on the control of chemical products used for civilian and military purposes (OCPCh).
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?
They must, however, first register with the electronic licensing system via the site https://www.elic.admin.ch/elic/ext/?login.
What persons or firms are eligible to apply for a licence?
Any person, firm or institution is 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?
Applications for import authorizations must contain the name and address of the supplier and the importer and applicant, the chemical name and structural formula of the product and its Chemical Abstracts Service (CAS) registry number, the quantity, the country of origin, the shipping country, and the scheduled date of importation.
What documents is the importer required to supply with the application?
The following documents must be presented: official application form, invoice, a detailed description with regard to the end use of the chemicals, and an undertaking that the chemicals will be used exclusively for research, medical, pharmaceutical or protective purposes in accordance with the provisions of the CWC.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for authorizations must be submitted at least 40 days in advance of the scheduled date of 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 the relevant Ordinance there are no exceptions foreseen for a shorter period. Licences are granted on a case by case basis.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In the relevant Ordinance there are no exceptions foreseen for a shorter period. Licences are granted on a case by case basis.
Which administrative body is responsible for approving application of licences?
The State Secretariat for Economic Affairs (SECO: https://www.seco.admin.ch/seco/fr/home.html), Division of export controls and sanctions, industrial products, is responsible for examining licence applications.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
The importer has to notify the Government of the total amount of Schedule 1A and Schedule 1B chemicals imported during the previous year. This has to be done at the latest 60 days following the end of a calendar year.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
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?
Licences are only granted if the purpose of the importation is not contrary to the provisions of the CWC.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
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?
Import licence.
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 import authorization is valid for two years. However, this time frame can be extended for a further two year period.
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?
No, the permit is not transferable.
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.