Embargo Act (EmbA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 9 Felonies and misdemeanours
1 Any person who wilfully violates any provision of an ordinance in terms of Article 2 paragraph 3, provided such violation is declared to be subject to prosecution, is liable to a custodial sentence not exceeding one year or to a monetary penalty. 2 In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty. 3 If the offence is committed through negligence, the penalty is a fine not exceeding 100,000 Swiss francs.
Art. 9 — Amended by No I 35 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 10 Contraventions
1 Any person who wilfully: a. refuses to provide information, to hand over documents, or to permit access to business premises in terms of Article 3 and Article 4 paragraph 1, or who provides false or misleading information in this connection; b. in the absence of culpable conduct that would constitute any other criminal offence, violates in any other manner the terms of this Act or any provision of an ordinance in terms of Article 2 paragraph 3, provided such violation is declared to be subject to prosecution, or any order issued and that carries a reference to the liability to penalties under this Article, shall be liable to a fine not exceeding 100,000 Swiss francs. 2 Attempts and aiding and abetting are also be liable to prosecution. 3 If the offence is committed through negligence, the penalty is a fine not exceeding 40,000 Swiss francs. 4 The right to prosecute prescribes after five years.
Para. 1 — Amended by No I 35 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 4 — Amended by No I 35 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 11 Concurrence of more than one criminal provision
1 If an offence under this Act at the same time constitutes an offence under the War Materiel Act of 13 December 1996, the Goods Control Act of 13 December 1996 or the Nuclear Energy Act of 21 March 2003, then the criminal provisions of the Act that provides for the most severe penalty apply exclusively. 2 If an offence under this Act at the same time constitutes a customs offence under Article 120 of the Customs Act of 18 March 2005, then the criminal provisions of the Customs Act apply exclusively, subject to the provisions of paragraph 1 above.
Art. 11 — Amended by No I 35 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 1 — SR 514.51 Para. 1 — SR 946.202 Para. 1 — SR 732.1 Para. 2 — SR 631.0
Art. 12 Offences committed by businesses
Article 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law applies to offences committed by businesses.
SR 313.0
Art. 13 Forfeiture of property and assets
1 Property and assets that are subject to compulsory measures shall be forfeited irrespective of the criminal liability of any particular person in the event that their continued lawful use is not guaranteed. 2 Forfeited property and assets, together with any revenues from their sale shall become the property of the Confederation subject to the provisions of the Federal Act of 19 March 2004 on the Division of Forfeited Assets.
Para. 2 — SR 312.4 Para. 2 — Amended by No 7 of the Annex to the Federal Act of 19 March 2004 on the Division of Forfeited Assets, in force since 1 Aug. 2004 (AS 2004 3503).
Art. 14 Jurisdiction
1 The Federal Act of 22 March 1974 on Administrative Criminal Law applies. The State Secretariat for Economic Affairs is the prosecuting and adjudicating authority. 2 In the event that the criminal provisions of this Act apply, the Office of the Attorney General of Switzerland may at the request of the relevant administrative unit initiate an investigation provided that this is justified by the seriousness of the offence. The initiation of an investigation by the Office of the Attorney General of Switzerland establishes federal jurisdiction.
Para. 1 — SR 313.0 Para. 1 — Second sentence inserted by No I 35 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).