Federal Council rejects fundamental adjustments to the sanctions regime
Published: Friday, Feb 16th 2024, 14:50
Updated At: Friday, Feb 16th 2024, 14:50
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The Federal Council sees no fundamental need for reform in the implementation of economic sanctions. Additional authorizations or supervision by the federal government would go a long way simply due to uncertainties in a special crisis situation, it writes.
In its statement published on Friday on a report by the Control Committee of the Council of States (CPC-S), the Federal Council acknowledges "that the sanction measures in the wake of Russia's military aggression against Ukraine went beyond what was known in various respects". This could have led to uncertainty among the authorities and other affected parties.
In its report of mid-November 2023, the GPK-S pointed out that the cantons were not sufficiently aware of their role in implementing the sanctions in the initial phase. In particular, the land registry offices should have been informed more actively about their reporting obligations in the real estate sector.
The Federal Council "takes note" of this criticism and also welcomes the recommendation of the GPK-S to review the crisis concept of the State Secretariat for Economic Affairs (Seco). However, it rejects a fundamental reform of the sanctions regime, as it writes. The state government wants to focus on the planned transparency register as part of the partial revision of the Anti-Money Laundering Act.
No circumvention thanks to attorney-client privilege
The state government rejects the Commission's request to clarify the reporting obligation for lawyers. The professional secrecy of lawyers would cover the drafting of legal documents, assistance or representation before courts or administrations and legal advice.
For activities not covered by professional secrecy, however, the reporting obligation is justifiable. Lawyers could be liable to prosecution if they help to circumvent sanctions.
Because Switzerland has adopted the EU's Russia sanctions list, the GPK-S asked whether measures are necessary to guarantee the rule of law. The Federal Council stated that the adoption of EU sanctions had proved its worth.
Sanctions imposed by Switzerland alone would not be very effective. And deviating sanctions on the part of Switzerland would encourage the circumvention of sanctions. Sanctioned companies, organizations and individuals could already assert their rights today.
With regard to a recommendation formulated by the GPK-S in 2018, the Federal Council shares the view that the data basis for participation in economic sanctions has been improved and that the movement of goods is monitored more closely - especially in connection with Russia.
Embargo law enables participation
After Russia attacked Ukraine militarily, the Federal Council decided at the end of February 2022 to adopt the EU sanctions against Russia. The legal basis for this is the Embargo Act. This stipulates that the federal government can take coercive measures to enforce sanctions imposed by the UN, the OSCE or the EU.
As the legal terminology, concepts and responsibilities in Switzerland are different to those in the EU, EU decisions cannot be adopted unchanged, but must be analyzed and adapted to the Swiss legal system. In addition, Switzerland must take into account both the law of neutrality and its neutrality policy.
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