Switzerland implements 12th EU sanctions package

On January 31, 2024, the Federal Council enacted additional measures against Russia, effectively adopting the EU’s 12th sanctions package.
The new provisions include, among others, a gradual ban on the purchase and import of Russian diamonds, further measures to support the enforcement of the price cap for Russian crude oil and petroleum products and combat its circumvention, and notification and authorization requirements for the sale of tankers that can be used to circumvent the oil price cap.
As of March 20, 2024, exporters will be required to contractually prohibit their partners established outside the EEA or a partner country (Australia, Canada, South Korea, Japan, Norway, New Zealand, the United Kingdom, and the United States) from re-exporting goods listed in Annexes 3 and 19 of the Ordinance on Measures connected with the Situation in Ukraine, as well as high-priority goods listed in Annex 31, to Russia or for use there. In the event of a violation, appropriate corrective steps must be specified in the contract. Such infractions must be immediately reported to the State Secretariat for Economic Affairs (SECO). The obligation does not apply to business contracts signed before February 1, 2024 and completed by December 20, 2024, or contracts that have expired, whichever occurs first.
The Ordinance imposing measures in relation to the situation in Ukraine as amended to February 1, 2024 can be found here (Italian version).
SECO has also updated its interpretative paper on sanctions with special reference (but not limited) to:
- compliance with Article 12b(4)(b) and (5) (crude oil and petroleum products): SECO refers to the EU Commission’s FAQs on the implementation of EU Council Regulations 269/2014 and 833/2014, in particular the explanations contained in Chapter E “Energy”, point 5 “Oil Price Cap”, section 7 “Attestations, recordkeeping and itemised ancillary costs”. These explanations show what information and documents are appropriate as evidence;
- proof of the third country of origin of the steel articles listed in Annex 17 used as inputs (Art. 14a): beginning March 1, 2024, this proof must be included as a document (document code Y824) under the heading “Documents” in the customs declaration. The document must be presented on request to the Federal Office for Customs and Border Security (FOCBS), together with the relevant customs documentation.
SECO’s interpretative paper (FAQ) is available online (Italian Version).