Goods Control Act (GCA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 14 Felonies and misdemeanours
1 Any person who wilfully: a. produces, stores, passes on, uses, imports, exports, transports or brokers goods without the required licence, or fails to comply with the conditions and requirements of a related licence; b. passes on to or brokers technology or software for a recipient abroad without the required licence or fails to comply with the conditions and requirements of a related licence; c. provides in an application incorrect or incomplete information that is necessary for the granting of a licence, or uses such an application that has been completed by a third party; d. fails to report or incorrectly reports goods for import, export, transit or brokerage; e. delivers or passes on goods to or brokers goods, or has goods delivered or passed on to or brokered for a person other than the end purchaser or final destination stated in the licence; f. allows goods to come into the possession of a person whom he knows or must assume will pass such goods on directly or indirectly to en
Para. 1 — Amended by No I 34 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 let. d — Amended by Annex No 21 of the Customs Act of 18 March 2005, in force since 1 May 2007 (AS 2007 1411; BBl 2004 567). Para. 2 — Amended by No I 34 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. 3 — Amended by No I 34 of the FA of 17 Dec. 2021 on
Art. 15 Contraventions
1 Any person who wilfully: a. refuses to provide information, documents or access to business premises in accordance with Articles 9 and 10 paragraph 1 or provides false information in this connection; b. violates in any other way a provision of this Act or of an implementation regulation, the contravention of which is declared to be a criminal offence, or an order issued that makes reference to the penalties provided in this Article provided that the culpable conduct does not constitute a different criminal offence shall be liable to a fine not exceeding 100 000 francs 2 Attempts and complicity also constitute a criminal offence. 3 If the offence is committed through negligence, the penalty is a fine not exceeding 40 000 francs. 4 The right to prosecute prescribes after five years.
Para. 1 — Amended by No I 34 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 34 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. 15a Administrative offences
1 A fine not exceeding 5000 francs shall be imposed on anyone who wilfully or negligently infringes: a. a provision of this Act or an implementation regulation, the contravention of which is declared to be a criminal offence; b. an order that makes reference to the penalties provided in this Article. 2 In minor cases, an official warning may be issued instead of a fine.
Art. 15a — Inserted by No I 4 of the FA of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and Military Purposes, in force since 1 March 2002 (AS 2002 248; BBl 2000 3369).
Art. 16 Offences by commercial enterprises
In the case of offences by commercial enterprises, Article 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law applies.
SR 313.0
Art. 17 Confiscation of Material
The court shall, without regard to the culpability of any specific person, order the confiscation of the material in question, if and to the extent that no guarantee of its legitimate use is given. The confiscated material, together with any proceeds from its use or sale, shall be forfeited to the Confederation subject to the provisions of the Federal Act of 19 March 2004 on the Division of Confiscated Assets.
Art. 17 — Amended by Annex No 6 of the FA of 19 March 2004 on the Division of Confiscated Assets, in force since 1 Aug. 2004 (AS 2004 3503; BBl 2002 441). SR 312.4
Art. 18 Jurisdiction and duty to report
1 The prosecution and judgement of offences under Articles 14 and 15 are subject to federal criminal jurisdiction. 1bis The prosecution and judgement of offences under Article 15a are subject to the Federal Act of 22 March 1974 on Administrative Criminal Law. The State Secretariat for Economic Affairs is the prosecuting and adjudicating authority. 2 The licensing and control authorities, the police in the cantons and the communes and the customs authorities are obliged to report to the Office of the Attorney General of Switzerland any offences against this Act that they encounter or that come to their knowledge in the course of their official activities.
Para. 1 — Amended by No I 4 of the FA of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and Military Purposes, in force since 1 March 2002 (AS 2002 248; BBl 2000 3369). Para. 1bis — SR 313.0 Para. 1bis — Inserted by No I 4 of the FA of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and Military Purposes, in force since 1 March 2002 (AS 2002 248; BBl 20