SWITZERLAND Law and Practice Contributed by: Philippe Reich, Meera Rolaz, Kaspar Projer, Samantha Salsench and Anna Zellweger, Baker McKenzie Switzerland AG
7.3 Circumvention 7.3.1 Prohibiting Provisions Indirect Breach of Restrictive Measures and as Such Captured by Sanctions Ordinances Circumvention is not expressly defined or prohibited by any provision of the Swiss sanctions ordinances. However, the concept of circumvention is acknowl - edged in law and practice as it entails an indirect breach of restrictive measures and is as such pro - hibited (see, eg, SECO FAQ, point 2.9.2). Please refer to the section on “Circumvention” in the Switzerland Trends and Developments chapter in this guide. 7.3.2 Criminal Penalties Circumvention may amount to a breach of restrictive measures contained in sanctions ordinances and such violations will be punished in accordance with Articles 9 and 10 EmbA (see, eg, Article 32 of the Ukraine Ordinance). Referred to in 2.2.2 Breaching Sanctions .
• SECO will examine applications and may authorise such measures after examining the significance of the entity; • SECO may, if necessary, grant an authorisation under Article 15 paragraph 10 and/or Article 28e paragraph 4 of the Ukraine Ordinance if it is neces - sary for the implementation of ring-fencing meas - ures; • implementation of the relevant ring-fencing meas - ures; • independent external audit as stated above; • submission to SECO of assurances that the des - ignated person is no longer involved in the entity; and • SECO will officially confirm the successful imple - mentation of ring-fencing measures by entities on a case-by-case basis. For confirming this successful implementation, SECO will take into account the above-mentioned criteria.
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