Goods Control Ordinance (GCO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Licences
Art. 3 Licence requirements
1 Any person who wishes to export nuclear goods in accordance with Annex 2 Part 1, dual-use goods in accordance with Annex 2 Part 2, special military goods in accordance with Annex 3, strategic goods in accordance with Annex 4 or goods subject to national export controls in accordance with Annex 5 requires an export licence from the State Secretariat for Economic Affairs (SECO). 2 Any person who wishes to export nuclear goods in accordance with Annex 2 Part 1 with the export control numbers (ECN) 0C001 or 0C002 requires a licence from the Swiss Federal Office of Energy (SFOE). The foregoing also applies to goods with ECN 0D001 or 0E001 where they are software or technology for goods with ECN 0C001 or 0C002. In these cases, the SFOE takes the place of SECO in relation to the application of the other provisions of this Ordinance. 3 Any person who wishes to export goods that comprise parts and components of a good in accordance with Annex 2 or 3 requires a licence from SECO if the parts a
Para. 3 — SR 632.14
Art. 4 Exceptions
No export licence is required for: a. goods in accordance with Annexes 2–5 that are being returned to the original supplier, provided they have not achieved a technical increase in value; b. chemicals in accordance with Annex 2 Part 2 with ECN 1C111 or ECN 1C350, provided they are used as samples and the total quantity per supply amounts to less than 1 kg; Article 14 paragraph 1 letter a of the Chemicals Control Ordinance of 21 August 2013 remains reserved; c. firearms with their parts and components and accessories as well as the ammunition and ammunition parts and components pertaining thereto which are covered by Annex 3 or 5 and exported to a country in accordance with Annex 6; d. firearms with the ammunition pertaining thereto that security agents employed by foreign states re-export following pre-arranged official visits; e. firearms with the ammunition pertaining thereto that security agents employed by Switzerland export for pre-arranged official visits abroad, provided they re
let. b — SR 946.202.21
Art. 5 Requirements
1 Licences are issued only to natural persons or legal entities that are domiciled or have their registered office or permanent establishment on the Swiss customs territory or in a Swiss customs-free zone. SECO may provide for exceptions in justified cases. 2 Where the licence is for a legal entity, the applicant must provide SECO with proof of reliable internal controls on compliance with the export control regulations. 3 For the export of firearms, their parts and components and accessories as well as ammunition and ammunition parts and components an import certificate from the destination state must also be submitted unless the recipient is a foreign government or a company acting for a foreign government. Instead of the import certificate, proof may be provided that such a certificate is not required.
Art. 6 Refusal
1 There are grounds for refusal in accordance with Article 6 paragraph 1 letters a and b GCA in particular if there is reason to believe that the goods that are to be exported: a. are intended for the development, manufacture, use, passing on or deployment of NBC weapons; b. contribute to the conventional armament in a State to an extent that leads to increased regional tension or instability or an escalation in an armed conflict; c. will not remain in the possession of the declared end recipient. 2 There may also be grounds for refusal in terms of Article 6 paragraph 1 letter b GCA where: a. a partner state has refused the export of a similar good to the same end recipient; b. the country of origin notifies Switzerland that it must consent to the re-export and such consent is not forthcoming; c. the destination state prohibits the import.
Art. 7 Transfer
Licences are non-transferable.
Section 2 Individual Licence
Art. 8 Documents
SECO may request the following documents in particular from applicants for individual licences: a. company profiles; b. order confirmations, contracts of sale or invoices; c. an import certificate from the recipient state; d. end use certificates from the end recipient.
Art. 9 Term of validity
Individual licences are valid for two years. Their term of validity may be extended by two years on one occasion.
Section 3 General Export Licences
Art. 10 Additional requirements for granting a general export licence
1 General export licences are granted only to legal entities that are entered in the Swiss or Liechtenstein commercial register. Universities and public institutions are exempt from this requirement. 2 The natural person or the officers of the legal entity making the application must not have received a legally binding conviction in the two years prior to filing of the application for offences against: a. the GCA; b. the War Material Act of 13 December 1996; c. the WA; cbis. the Explosives Act of 25 March 1977; d. the Nuclear Energy Act of 21 March 2003; or e. the Federal Act of 25 June 1982 on International Trade Measures.
Para. 2 let. b — SR 514.51 Para. 2 let. cbis — Inserted by No III 2 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595). Para. 2 let. cbis — SR 941.41 Para. 2 let. d — SR 732.1 Para. 2 let. e — SR 946.201
Art. 11 Documents
SECO may request the following documents in particular from applicants for general export licences: a. company profiles; b. internal control programmes; c. reports on the goods exported in terms of the general export licence.
Art. 12 Ordinary general export licence
1 For the export of goods listed in Annex 2 Part 2, Annex 3 or 5 to states that participate in all the international control measures that are non-binding under international law and are supported by Switzerland, SECO may grant an ordinary general export licence (OGL). Annex 7 contains a list of these states. 2 Likewise, SECO may grant an OGL for the export of goods listed in Annex 4 to member states of the European Union or to states with which the European Union has concluded a cooperation agreement on the European Satellite Navigation Programmes.
Art. 13 Exceptional general export licence
For the export of goods listed in Annex 2 Part 2, Annex 3 or 5 to states other than those in accordance with Annex 7, SECO may grant an exceptional general export licence (EGL).
Art. 14 Term of validity
General export licences are valid for two years.
Section 4 Special Provisions
Art. 15 Diplomatic or consular representations and international organisations
Supplies from and to foreign diplomatic or consular missions and international organisations in Switzerland and Liechtenstein are deemed equivalent to imports and exports under this Ordinance.
Art. 16 Public warehouses or bonded warehouses
Supplies of goods listed in Annexes 2–5 to public warehouses or bonded warehouses require an individual licence.
Section 5 Exporter’s Obligations
Art. 17 Details require for the export
1 Any person who exports goods under a licence must indicate the form of licence, the issuing office and the licence number on the customs declaration. 2 In the case of a general export licence, the commercial documents that relate to the export must be marked: «These goods are subject to international export controls». 3 Any person who exports goods covered by Customs Tariff chapters 28–29, 30 (only tariff numbers 3002.1000/9000), 34, 36–40, 54–56, 59, 62, 65 (only tariff numbers 6506.1000), 68–76, 79, 81–90 and 93 but which are not subject to a licence requirement under Article 3 or which are exempted from an export licence in terms of Article 4 must mark the customs declaration: «Licence not required».
Para. 1 — Amended by No III 2 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595). Para. 3 — Customs Tariff Act of 9 Oct. 1986 (SR 632.10). Annex 1 and 2 of the Customs Tariff Act can be viewed free of charges at www.ezv.admin.ch > Zolltarif - Tares. Para. 3 — Amended by Annex 3 No 16 of the O of 30 June 2021 on the Amendment of the Customs Tariff, in force since 1 Jan. 2022 (AS 2021 445).
Art. 18 Proof and retention of documents
1 If requested by SECO, the exporter must be able to prove at any time by means of the relevant documents that no export licence is required 2 In the case of exports under a general export licence, SECO may request information about the end use of the goods at any time. 3 In the case of the export of firearms, their parts and components and accessories, the import certificate from the destination state or proof that no import certificate was required must be submitted to SECO on request. 4 All essential documents relating to the export must be retained for ten years after customs clearance and must be submitted to the responsible authorities on request.