On 2 April 2025, the Swiss Federal Council announced an update to the Swiss dual-use goods control lists. This change represents a noteworthy departure from the international export control regimes that have traditionally consensually updated these lists but that are currently blocked due to ongoing geopolitical tensions. As a result, Switzerland has now issued revised lists in line with key trade partners.
- Export controls for dual-use goods in Switzerland
Dual-use goods are goods that can be used for both civilian and military purposes. The term “goods” also includes technologies and software. Dual-use goods are a central element of export controls and sanctions regimes. In the context of the ongoing war in Ukraine and the sanctions regimes introduced as a consequence thereof, as well as other growing global tensions involving access to key technologies, dual-use goods and restrictions placed on them are now more relevant than ever.
In Switzerland, dual-use goods are regulated by the Goods Control Act (GCA) and the Goods Control Ordinance (GCO). The list of items deemed to be dual use is included in Annex 2 to the GCO (and for so-called special military items, in Annex 3 to the GCO). This list is based on a number of international treaties and regimes such as the (politically binding) Nuclear Suppliers Group, the Australia Group, the Missile Technology Control Regime and the Wassenaar Agreement, as well as the (legally binding) Non-Proliferation of Nuclear Weapons Treaty, the Biological Weapons Convention and the Chemical Weapons Convention. It has been Switzerland’s standing practice to keep Annex 2 to the GCO updated in line with these regimes when they are updated by the respective treaty parties.
These international regimes, by nature, can only be amended or updated by unanimous decision or consensus among their members. In light of the extensive sanctions introduced in the context of the war in Ukraine, certain countries like Russia have been blocking any proposed updates to such regimes. However, considering the ongoing development of new and critical technologies globally, it is crucial to continuously update these lists to reflect technological progress and ensure that their effectiveness and comprehensiveness are not undermined.
- Updated dual-use control lists
On 13 December 2024, the Swiss Federal Council issued a press release acknowledging the current international stalemate that has led several key Swiss trade partners, including the Netherlands, France, Italy and Spain, to introduce unilateral export controls by creating new or expanding existing national lists. The EU has also meanwhile expressed its intention to coordinate the various new control lists issued by certain member states to avoid regulatory fragmentation, which could lead to competitive disadvantages. In response, it has begun incorporating these national lists into the Regulation (EU) 2021/821 (EU Dual-Use Regulation). On 8 April 2025, the European Commission issued Commission Recommendation (EU) 2025/683, which focuses on the coordination of national control lists. This non-binding recommendation outlines a unified framework that allows Member States to exchange draft export control lists with the Commission and other Member States, facilitating feedback prior to formal adoption. Against this background, Switzerland and its key trade partners have committed to a coordinated effort to ensure internationally harmonized and uniform principles for controlling the export of goods, particularly for sensitive technologies.
The Swiss Federal Council accordingly mandated the Federal Department of Economic Affairs, Education and Research (EAER) to prepare a list of dual-use goods to be added to the existing list in the GCO, in coordination with its key trade partners. At the end of March 2025, the EAER submitted this list to the Swiss Federal Council, which has now announced that the changes to the GCO will take effect on 1 May 2025 (see press release here).
The updated Annex 2 has already been published on the SECO website, alongside a nonbinding overview of the changes introduced to the list (see both publications here). According to the Swiss Federal Council, the main areas of focus were new technologies such as quantum computing, advanced semiconductor manufacturing, artificial intelligence and additive manufacturing. More specifically, the updated list includes goods, technology and software under Category 2 (Materials Processing), Category 3 (Electronics) and Category 4 (Computers). The new items, identified by their Export Control Classification Numbers (ECCN), include parametric amplifiers and accompanying software, cryogenic cooling systems and components, isotopically enriched material, and quantum computers and computers with advanced integrated circuits.
- Outlook
Given the current and ongoing geopolitical tensions and uncertainties, along with the resulting blockades within international regimes and organizations, it does not come as a surprise that Switzerland and its key trade partners, known for and depending on advanced technologies, are enhancing their own export controls and updating their control lists, thus diverging from previously harmonized international control frameworks. This shift aims to adjust to rapid and dynamic technological progress, while safeguarding national and European security interests and ensuring compliance with evolving multilateral sanctions and export controls outside the existing frameworks, mainly driven by the G7. As more European countries implement new export controls by creating new or expanding existing national lists, we anticipate that the Swiss government will closely monitor these developments going forward and ensure that Swiss export controls are regularly updated accordingly, ensuring future alignment with its key trade partners.
