SWITZERLAND Law and Practice Contributed by: Philippe M. Reich, Kaspar Projer, Samantha Salsench and Anna Zellweger, Baker McKenzie Switzerland AG
to delete the names of a UN designated person from the annex of the relevant ordinance (see paragraph 50 of judgment of 12 September 2012, ECHR, Grand Chamber, case of Nada v Switzerland ). Effects of Delisting In cases where a delisting occurs, the corresponding restrictive measure is no longer applicable. However, in practice, most companies typically take a global approach when considering whether individu - als or entities are designated. Thus, a delisting should be obtained in all jurisdictions in which the individual or entity has been designated. 4.3 Timing It is difficult to predict the time it might take to obtain delisting for the reasons set forth in 4.1 Process and 4.2 Remedies , but it can take between months to years, also given Swiss listings originate either in UN or EU listings. 5. Trade and Export Restrictions 5.1 Services As mentioned in 1.4.1 Types of Sanctions , sanctions take a number of different forms, including restric - tions on the supply of certain services to sanctioned countries. Typically, there are bans on so-called ancillary ser - vices of any kind which relate to the trade of goods restricted under a specific sanctions regime. Less common amongst the sanctions regimes is the stand-alone ban on the provision of certain services or software to Russia. Article 28e of the Ukraine Ordi - nance prohibits, inter alia, the direct or indirect provi - sion of services such as business and management consulting, legal advisory and IT consultancy services, or of certain business software to the government of Russia or legal persons, entities or bodies established in Russia. Providers should therefore conduct regular assess - ments to ascertain whether their services are linked to
underlying goods that are subject to restrictions under the applicable sanctions regimes. 5.2 Goods Most sanctions regimes impose restrictions on the trade of certain goods, namely military and dual-use goods. For example, the restrictive measures against Iran include a ban on the sale, supply, export, etc, of goods for nuclear items or drones to Iranian persons or organisations or for use in Iran. Furthermore, there are bans on the export of arms, repressive equipment and equipment for surveillance purposes which tradi - tionally form part of every sanctions regime. Under the Russia sanctions regime, the scope of these bans is considerably broader, extending beyond goods that may be used for military purposes to encompass those that could potentially support or enhance Rus - sia’s economy. Such measures include export bans on luxury goods, goods destined to strengthen Russia’s industry as well as an import ban on goods that gen - erate significant revenue for Russia. These export or import restrictions include a wide array of goods such as also coal, iron and steel as well as other (otherwise common) goods. 6. Civil Litigation and Arbitration 6.1 Force Majeure The case law of the Swiss Federal Supreme Court on the question of impossibility of performance due to compliance with sanctions is scarce. Worth mention - ing, however, are the following decisions. Judgment of 6 August 2021 of the Swiss Federal Supreme Court (4A_659/2020) This decision deals with the impact and implementa - tion of foreign sanctions in Switzerland. The appellant was a Panamanian company ultimately owned by an individual that was designated in 2018 by the US. In 2013, the company opened certain accounts with a Swiss bank. As part of the banking relationship, the parties signed a loan and a pledge agreement in 2013. In 2015, the bank granted the company a loan in the form of a fixed advance in the amount of USD160
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