11 September 2026

Switzerland Lifts Neutrality-Based Sanctions against the Ukraine: What are the Key Legal Implications of this Development?

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Effective 1 September 2026, the Ukraine-specific export restrictions contained in the Swiss Ukraine Ordinance were repealed. Exports to Ukraine are now governed exclusively by Switzerland’s ordinary export control framework. While the change is politically significant, it is expected to have only limited practical impact.

  • Raphael Brunner

    Legal Partner

  • Maura Décosterd

    Senior Legal Associate

1. Introduction

In 2022, Switzerland decided to align its sanctions regime to that of the EU with respect to the situation in Ukraine. In lay terms, it modified this pre-existing Ordinance on Measures in Connection with the Situation in Ukraine (SR 946.231.176.72, hereinafter Swiss Ukraine Ordinance) to reflect the regime implemented through the relevant EU Council Regulations (EU Regulation 269/2014 and EU Regulation 833/2014).

In addition to this process, the Swiss Ukraine Ordinance was modified to reflect the Confederation’s policy of neutrality, a long-standing and central element of its foreign and security policy. This entailed the introduction of prohibitions on the export of war material, special military goods and dual-use goods to or for the use in Ukraine, and a licensing regime applicable to strategic goods to or for use in Ukraine.
These Ukraine-specific export sanctions in the Swiss Ukraine Ordinance have been repealed, effective September 1st 2026.

Now, what does this mean for Swiss exporters, particularly for the defense industry? Has the Federal Council's position on the preservation of Swiss neutrality undergone a substantive change? The answer is no!

Over the last four years, exports to or for the use in the Ukraine were subject to two overlapping regulatory regimes: the sanctions regime, and the export controls regime. The sanctions regime was based on the Embargo-Act and the Emergency Clauses of the Constiution, and the export controls regime relied on the conventional Swiss export control framework, including the War Materiel Act/Ordinance (KMG/KMV) and the Goods Control Act/Ordinance (GKG/GKV).

Preliminarily at least, it may be concluded that the removal of Ukraine-specific sanctions in the Swiss Ukraine Ordinance does not result in material changes for Swiss exporters, and it may even be stated that exports could be facilitated insofar as only one regime prevails.

Several other features of the Swiss export control regime reflect the longstanding objective of preserving Switzerland's neutrality. These include restrictions on exports to belligerent states, controls on re-exports of Swiss-origin military equipment, and licensing requirements that take account of Switzerland's foreign-policy and international-law obligation.

The decision of the Swiss Federal Council to repeal the Ukraine-specific export sanctions is therefore in line with the developments over the past years.

  • The Federal Council's 2022 "component supplier" (Zulieferer) decision, which relaxed restrictions on Swiss-made components incorporated into foreign military equipment.
  • The 2024 Zulieferer-Merkblatt, which clarified the regulatory treatment of Swiss-produced components used in foreign military equipment.
  • Parliamentary initiatives to amend the War Materiel Act, including proposals to permit the re-export of Swiss-origin military equipment to Ukraine by partner states.
  • Federal Council and parliamentary discussions on a statutory framework for support to Ukraine, reflecting a broader reassessment of the relationship between Swiss neutrality and assistance to Ukraine.
  • Not least, the Swiss federal popular initiative on neutrality (Neutralitätsinitiative), which calls for the principle of neutrality to be enshrined in the Federal Constitution and on which the Swiss people will vote on 27 September 2026.

2. What Has Changed and what Specific Regulations Apply Now

As previously mentioned, exports to Ukraine are no longer subject to the Ukraine-specific sanctions prohibitions that previously applied to certain military, dual-use and strategic goods including services in relation to such goods.

Exports to Ukraine are now subject to the standard Swiss export control legislation, in particular:

War Materiel Legislation

  • War Materiel Act (KMG; SR 514.51)
  • War Materiel Ordinance (KMV; SR 514.511)

Goods Control Legislation

  • Goods Control Act (GKG; SR 946.202)
  • Goods Control Ordinance (GKV; SR 946.202.1)
These rules continue to govern exports, re-exports, transfers and technology relating to:
  • war materiel
  • special military goods, and
  • dual-use goods and technology

3. What Remains Unchanged?

Licensing applications for export purposes continue to be assessed on a case-by-case basis under the applicable export control legislation. Existing licensing requirements under the Goods Control Ordinance (GKV) remain applicable, including for goods listed in:
  • Annex 2 GKV (dual-use goods and technology); and
  • Annex 3 GKV (special military goods).

4. Neutrality Law Considerations

Switzerland's commitments under the law of neutrality continue to be respected through the existing export control framework. As confirmed by the Federal Council on 22 April 2026, no separate neutrality-related legislation was adopted, and neutrality considerations continue to be addressed within the existing war materiel and goods control regimes.

5. What are the Practical Implications for Exporters?

While the decision is significant at the level of principle, its immediate practical impact is likely to be limited. The Zulieferer-Merkblatt remains in force. Nevertheless, the new framework raises a number of unresolved questions, including exports to EU Member States where goods may ultimately be used in Ukraine and the interpretation of Article 6 GKV in relation to dual-use goods.

The decision also creates uncertainty as to how neutrality considerations will be reflected in the future application of Swiss export controls. Further guidance from the competent authorities will be required to clarify the practical implications of the new approach.

As matters currently stand, neutrality-based restrictions on exports to the Ukraine no longer apply to strategic goods as per annex 1 of the Swiss Ukraine Ordinance. Such goods may therefore be exported without additional neutrality-related constraints. The same applies to services, except for activities falling within the scope of the PSSA (Federal Private Security Services Act, SR 935.41), which remain subject to their own regulatory framework.

Against this backdrop, companies exporting goods or technology to Ukraine should not assume that the relaxation of neutrality-based restrictions eliminates the need for careful export control analysis. Rather, they should continue to assess whether their products fall within the scope of the KMG/KMV or GKG/GKV, verify applicable licensing requirements, scrutinize end-use and end-user information, and consider potential military applications and re-export scenarios. Where the regulatory treatment remains unclear, early engagement with SECO remains advisable.

6. Closing

The legal questions raised by the Federal Council's decision are only beginning to emerge. What appears to be a policy shift today may reshape the compliance landscape tomorrow.

In an area where regulatory change is outpacing established practice, careful legal analysis and proactive monitoring are more important than ever.

MME will continue to track developments closely and help clients navigate the resulting legal and regulatory uncertainties with confidence.

 

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