National Economic Supply Act (NESA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 49 Violation of the national economic supply measures
1 A custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who intentionally: a. violates regulations on measures based on Articles 5 paragraph 4, 28 paragraph 1, 29, 31 paragraph 1, 32 paragraph 1 and 33 paragraph 2; b. ignores a ruling based on this Act or related implementing provisions despite being notified of the penalties that may be imposed under this Article; c. breaches a contract entered into on the basis of this Act or related implementing provisions despite being notified of the penalties that may be imposed under this Article 2 If the offender acts through negligence, the penalty shall be a monetary penalty not exceeding 180 daily penalty units.
Art. 50 Violation of the obligation to provide information
Any person who is required to provide information under Article 64, a related implementing provision, a ruling or agreement but provides untrue or incomplete information shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.
Art. 51 Fraud in respect of payments and services
In cases of fraud in respect of payment and services, forgery of documents, obtaining a false certificate by fraud, and suppression of documents, Articles 14–16 of the Federal Act on Administrative Criminal Law of 22 March 1974 apply. The penalty shall however be a custodial sentence not exceeding five years or a monetary penalty.
SR 313.0
Art. 52 Handling stolen goods
1 Any person who takes possession of, accepts as a gift or as the subject of a pledge, conceals, or assists in the disposal of goods which they know or must believe were acquired by way of an offence under this Act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 The person in receipt of stolen goods shall be liable to the penalties that may be imposed in respect of the principal offence if they are less severe.
Art. 53 Assisting offenders
1 A custodial sentence not exceeding three years or to a monetary penalty shall be imposed on any person who: in relation to criminal proceedings for an offence under Articles 49–52, assists another in evading prosecution or the execution of a penalty; or assists by unlawful means in making the implementation of a measure under this Act or its implementing provisions impossible. 2 If the offender assists a close relative or another person to whom they are so closely related that the offender’s conduct is excusable, no penalty shall be imposed.
Art. 53 — Amended by No I 19 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. 54 Spreading rumours
Any person who in times of impending threat or existing severe shortages knowingly spreads false or distorting allegations in relation to measures relating to the national economic supply with the intention of obtaining undue advantage for themselves or another shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 55 Prosecution
1 The cantons shall prosecute and judge offences under this Act. 2 Offences against the provisions of this Act relating to authorisation requirements for the import of goods (Art. 7 para. 3) and on restricting exports (Art. 31 para. 2 let. i) shall be prosecuted and judged by the Federal Office for Customs and Border Security (FOCBS). 3 If an offence both contravenes paragraph 2 and constitutes an offence prosecuted by the FOCBS, the penalty for the more serious offence applies. The FOCBS may increase the penalty appropriately.
Para. 2 — Amended by No I 14 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). Para. 3 — Amended by No I 14 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743).
Art. 56 FONES legal status
The FONES may exercise the rights of a private plaintiff in proceedings and may also reject a summary penalty order. The public prosecutor shall notify the FONES that preliminary proceedings have been initiated.