The Ordinance on export and placement of goods for internet- and mobile communication surveillance is supposed to be transferred into actual law. This has been decided by Swiss Federal Council on 10.05.2017. The WBF will prepare a draft consultation paper until autumn 2017.
On 13.05.2015 the Federation Council has issued an ordinance on export and placement of goods for internet- and mobile communication surveillance (SR 946.202.3). This ordinance is valid until 12.05.2019. The Federal Council had also requested the WBP to inform the Council after a period of two years about further requirement of such ordinance and a transfer into actual law.
The ordinance allows the SECO to control the export of surveillance technologies to third countries more effectively and to prevent its misuse for internal repression. In the past the SECO has denied several exports of surveillance technology to third countries (see article).
The Federation Council sees ongoing need for the control of exports of such technologies.
Companies that are active in the field of information technology and surveillance equipment should ensure that potential export license requirements are identified as early as possible. A solid compliance program could help to avoid unpleasant events at the day of export or even violations of the law with potentially significant fines.