Basic information
Outline of the system
The purpose of the regime is to institute controls on the origin, nature and destination of the war material in question. The Bilateral Economic Relations Division, Arms Control and Arms Control Policy Section, of the State Secretariat for Economic Affairs (SECO, https://www.seco.admin.ch) is responsible for examining applications for authorization.
Product coverage
The war material the import of which is subject to authorization is listed in Annex 1 to the Ordinance on war material (RS 514.511). These goods are classified under the following Swiss customs tariff numbers (HS 2017)(Coverage is not defined in terms of customs tariff numbers in the relevant legal texts. The list of customs tariff numbers is therefore not exhaustive) : See Products.
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
There are no restrictions on quantity or value. The purpose of the regime is to institute controls on the origin, nature and destination of the war material in question.
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?
All countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Importation of war material is subject to the authorization regime laid down in the Federal Law on War Material of 13 December 1996 (RS 514.51, https://www.admin.ch/opc/fr/classified compilation/19960753/index.html) and the Ordinance on war material of 25 February 1998 (RS 514.511, https://www.admin.ch/opc/fr/classified compilation/19980112/index.html). The Law and the Ordinance do not apply to imports of war material for the Swiss Army; other exceptions are mentioned in Article 17(4) of the Law.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The products subject to this regime are listed in Annex 1 to the Ordinance on war material, which is a governmental text.
Is it possible for the government to abolish the system without legislative approval?
The regime of authorizations for the import of war material is laid down in Article 107, paragraph 2, of the Federal Constitution (RS 101, https://www.admin.ch/opc/fr/classified compilation/19995395/index.html). Thus, the Government does not have the authority to abolish it.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Prior registration via the electronic authorization system on the website http://www.elic.admin.ch is, however, required.
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 of the importer/applicant, a precise description of the war material, the quantity and value, the tariff item number and the category (in accordance with the list in Annex 1 to the Ordinance), the exporting country and (if possible) the scheduled date of importation.
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?
There are no standards required by the Law or the Ordinance. However, it is recommended that applications for authorization should be submitted at least seven 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 exceptional cases, applications may be processed in a shorter period.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In exceptional cases, applications may be processed in a shorter period.
Which administrative body is responsible for approving application of licences?
A single body (the Bilateral Economic Relations Division, Arms Control and Arms Control Policy Section, of the State Secretariat for Economic Affairs, under the Federal Department of Economic Affairs, Education and Research [DEFR]) is responsible for examining applications for authorization.
Must the applications be passed on to other organs for visa, note or approval?
A single body (the Bilateral Economic Relations Division, Arms Control and Arms Control Policy Section, of the State Secretariat for Economic Affairs, under the Federal Department of Economic Affairs, Education and Research [DEFR]) is responsible for examining applications for authorization.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
0.8% of the value of the imported goods, but at least CHF 50 and at the most CHF 5,000 per licence.
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?
Authorizations are not granted if they are contrary to international law or if they are not in the interests of Switzerland.
Are the reasons for any refusal given to applicants?
Refusals have to be announced in a decision that contains the reasons for the denial.
Have applicants a right of appeal in the event of refusal to issue a licence?
The right to appeal is guaranteed by the federal law on procedures.
If so, to what bodies and under what procedures?
The right to appeal is guaranteed by the federal law on 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?
No document other than the import application is required.
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 one year. It is possible to obtain one extension of six months.
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.
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.