RESTRICTED  
  
WT/TPR/M/425/Add.1*  
23 November  2022 
(22-8744) Page: 1/210 
Trade Policy Review Body  
18 and 20 May 2022  Original: English/anglais/inglés  
French/français/francés  
Spanish/espagnol/español  
 
  
TRADE POLICY REVIEW  
SWITZERLAND AND LIECHTENSTEIN  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Villalobos (Mexico)  
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  Switzerland  and Liechtenstein .1 
 
 
Organe d'examen des politiques commerciales  
18 et 20 mai 2022  
EXAMEN DES POLITIQUES COMMERCIALES  
SUISSE ET LIECHTENSTEIN  
COMPTE RENDU DE LA RÉUNION  
Addendum  
Président : S.E.  M. Villalobos (Mexique)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par  la Suisse  et le 
Liechtensein .1 
 
 
Órgano de Examen de las Políticas Comerciales  
18 y 20 de mayo de 2022  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
SUIZA Y LIECHTENSTEIN  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo. Sr. Villalobos (México)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales  de los Miembros de la OMC, así como las respuestas facilitadas por  Suiza  
y Liechtenstein .1  
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/425/Add.1  
 
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Contents  
1  KINGDOM OF SAUDI ARABIA  ................................ ................................ .......................  3 
2  BRAZIL  ................................ ................................ ................................ .........................  4 
3  COLOMBIA  ................................ ................................ ................................ ...................  5 
4  HONG KONG, CHIN A ................................ ................................ ................................ ... 12 
5  CANADA  ................................ ................................ ................................ .....................  15 
6  SINGAPORE  ................................ ................................ ................................ ................  19 
7  UNITED STATES  ................................ ................................ ................................ .........  22 
8  NORWAY  ................................ ................................ ................................ ....................  32 
9  CHILE  ................................ ................................ ................................ .........................  33 
10  ISRAEL  ................................ ................................ ................................ .....................  40 
11  AUSTRALIA  ................................ ................................ ................................ ..............  41 
12  THAILAND  ................................ ................................ ................................ ................  45 
13  CHINA  ................................ ................................ ................................ ......................  48 
14  EU ................................ ................................ ................................ ............................  53 
15  COSTA RICA  ................................ ................................ ................................ .............  74 
16  JAPAN  ................................ ................................ ................................ ......................  76 
17  PHILIPPINES  ................................ ................................ ................................ ...........  77 
18  KOREA, REP. OF  ................................ ................................ ................................ ...... 100  
19  ARGENTINA  ................................ ................................ ................................ ............  101  
20  NEW ZEALAND  ................................ ................................ ................................ ........  110  
21  MEXICO  ................................ ................................ ................................ ..................  114  
22  RUSSIAN FEDERATION  ................................ ................................ ...........................  124  
23  UNITED KINGDOM  ................................ ................................ ................................ .. 131  
24  MALAYSIA  ................................ ................................ ................................ ..............  143  
25  OMAN  ................................ ................................ ................................ .....................  150  
26  UKRAINE  ................................ ................................ ................................ ................  152  
27  TÜRKIYE  ................................ ................................ ................................ .................  158  
28  ICELAND  ................................ ................................ ................................ ................  159  
29  URUGUAY  ................................ ................................ ................................ ...............  160  
30  VIET NAM  ................................ ................................ ................................ ...............  164  
31  ECUADOR  ................................ ................................ ................................ ...............  165  
32  KAZAKHSTAN  ................................ ................................ ................................ .........  169  
33  MOLDOVA  ................................ ................................ ................................ ...............  170  
34  INDIA  ................................ ................................ ................................ .....................  171  
35  INDONESIA  ................................ ................................ ................................ ............  185  
36  LIECHTENSTEIN'S RESPONSES TO ADVANCED WRITTEN QUESTIONS BY WTO 
MEMBERS  ................................ ................................ ................................ .....................  188  
 
 WT/TPR/M/425/Add.1  
 
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SWITZERLAND'S RESPONSES TO ADVANCED WRITTEN QUESTIONS BY WTO MEMBERS  
1  KINGDOM OF SAUDI ARABIA  
Secretariat Report (WT/TPR/S/425)  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.1 Overview and recent policy developments  
 
Page 117 , paragraph 4.10  
 
"The food supply industry in Switzerland has a significant carbon footprint . In 2018, it was 
responsible for 23 % of greenhouse gas (GHG) emissions generated by the economy as a whole . In 
addition, the largest share of total methane and nitrous oxide emissions were caused by agriculture, 
in particular f rom livestock farming and fertilizer use . During the review period, Switzerland 
increased efforts to further integrate sustainability measures into sectoral policies, including in 
agriculture . Furthermore, in June 2021, the Federal Council adopted its 2030  Sustainable 
Development Strategy, which sets out the path Switzerland intends to take to implement the UN 
2030 Agenda for Sustainable Development . The Strategy is an instrument to coordinate and increase 
coherence between policies to make sustainable deve lopment a core component of the numerous 
federal sectoral activities . The Federal Council in particular highlights the need for a food systems 
transformation through its priority area 'sustainable consumption and production ', which includes 
four objectives  related to healthy and sustainable diets, consumption modes with regard to the 
reduction of GHG emissions, sustainable agricultural production, and reduction of food losses and 
waste."  
 
Question  1: 
Could you please elaborate more on the 2030 Sustainable Development Strategy?  
 
Switzerland's answer:  
In its 2030 Sustainable Development Strategy (2030 SDS), the Federal Council outlines the priorities 
it intends to set to implement the 2030 Agenda of the United Nations (2030 Agenda) over the next 
ten years . The 2030 SDS and the associated 2021 –2023 Action Plan were adopted by the Federal 
Council on 2 3 June 2021. 
The 2030 SDS is first and foremost an instrument to coordinate between different policy areas, and 
serves as a supporting instrument to pro mote Switzerland's efforts to implement the 2030 Agenda . 
As a transversal strategy, it formulates guidelines for federal policy and sets goals for the period up 
to 2030, as well as strategic directions for domestic and foreign policy with corresponding pol itical 
priorities.  
The strategy sets out three priorities of the Federal Council's sustainability policy for areas where 
there is a particular need for action and coordination in order to implement the 2030 Agenda : 
"sustainable consumption and production" ; "climate, energy and biodiversity" ; and "equal 
opportunities and social cohesion" . Among other things, the SDS contains a dedicated chapter on 
promoting the transformation to sustainable food systems in Switzerland and abroad.  
 
The 2021 -2023 Action Plan includes five measures with particular relevance for food systems and 
trade:  
 
1) Reduction of inevitable food waste ; 
2) Updating the agricultural climate strategy ; 
3) Determination of the number of farms, which produce in a particularly environmentally 
and ani mal-friendly manner using specific public and private sustainability programmes ; 
4) Dialogues for a sustainable food system ; 
5) Updating Switzerland's foreign economic policy strategy . 
 
The measures 1) to 4) above form the basis of Switzerland's National Pathway  for Food Systems 
Transformation, which was developed and submitted in the context of the 2021 UN Food Systems 
Summit.   WT/TPR/M/425/Add.1  
 
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2  BRAZIL  
Question 1 : 
Paragraph 3.149 of the Secretariat Report mentions that "enterprises with market power may 
submit their planned price increases to the Price Supervisor" and that the Price Supervisor "may 
also act on its own initiative or upon information from the public to determine whether there are 
indications of abusive pricing" . Has Switzerland considered possible undes irable side -effects of 
these policies ? Has it considered the possibility of these initiatives being used as price levels to be 
followed by the companies in the market and, as such, encourage cartelization?  
 
Switzerland's answer:  
According to law, the price  supervisor can only take action if two conditions are met : (1) the 
company in question is powerful on the market and (2) there is no competition . Negative 
competition effects due to the price supervisor's activities are therefore not to be expected and 
have also not been observed in practice to date . Should however, contrary to expectations, a 
cartel be formed, the Competition Commission could take action against it according to the 
Cartel  Act.  WT/TPR/M/425/Add.1  
 
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3  COLOMBIA  
INFORME DE LA SECRETARÍA - DOCUMENTO WT/TPR /S/425  
RESUMEN  
 
Párrafo  22: "Suiza  es una de las economías  más innovadoras  del mundo  y un exportador  neto de 
propiedad  intelectual . Durante  el período  objeto  de examen,  Suiza  adoptó  nuevas  medidas  para 
aplicar  la legislación  "Swissness" . Reforzó  la protección  de la designación  "Suiza"  mediante  la 
introducción  de modificaciones  en la Ley Federal  de Protección  de Marcas  de Fábrica  o de Comercio  
y en la Ley Federal  de Protección  del Escudo  Nacional  y demás  Insignias  Públicas  y mediante  la 
adopción  de órdenes  que amplían  el alcance  de la reglamentación  "Swissness"  a otros productos,  
incluidos  los relojes  y los productos  alimenticios . La Ley Federal  de Derecho  de Autor  y Derechos  
Conexos  se revisó  para reflejar  los avances  tecnológicos  y hacer  frente  de manera más eficaz  a la 
piratería  en línea. Además  de ALC que incluyen  disposiciones  amplias  sobre  propiedad  intelectual  y 
un acuerdo  sobre  indicaciones  geográficas  concluidos  con Georgia,  Suiza  pasó a ser parte en el Acta 
de Ginebra  del Arreglo  de Lisboa  relativo a las Denominaciones  de Origen  y las Indicaciones  
Geográficas  (diciembre  de 2021),  el Tratado  de Marrakech  para facilitar  el acceso  a las obras  
publicadas  a las personas  ciegas,  con discapacidad  visual  o con otras dificultades  para acceder  al 
texto impreso  (mayo  de 2020)  y el Tratado  de Beijing  sobre  Interpretaciones  y Ejecuciones  
Audiovisuales  (mayo  de 2020) . Como consecuencia  de la unión  aduanera  entre  Suiza  y 
Liechtenstein,  el sistema  de propiedad  intelectual  de Liechtenstein  está profundamente  integrado  e 
interconectado  con el sistema  de propiedad  intelectual  de Suiza . Liechtenstein  modificó  la legislación  
de derechos  de autor  para aplicar  dos directivas  de la UE". 
 
Question 1 : 
Respecto de la modificación a la ley de derechos de autor de Liechtenst ein para incluir dos directivas 
de la Unión Europea . Colombia quisiera pedir claridad sobre el alcance de dicha modificación, y si la 
misma se ajusta integralmente a lo previsto en los artículos 3 y 4 del Acuerdo Sobre Aspectos de 
los Derechos de Propiedad Intelectual Relacionados con el Comercio de la OMC.  
 
Párrafo 23 : "Suiza es un importador neto de productos agropecuarios y alimenticios . A pesar del 
tamaño pequeño del sector agrícola, tanto por su contribución al PIB (0 .7% en 2020) como al emple o 
total (2 .7%), Suiza concede gran importancia a este sector debido a su carácter multifuncional en 
lo que respecta, entre otras cosas, a la seguridad alimentaria, la protección del medio ambiente y la 
preservación de los paisajes cultivados . En 2017, se a doptó un nuevo artículo en la Constitución 
Federal en el que se exige que se garanticen suficientes suministros alimenticios para la población 
suiza a largo plazo . Se sigue aplicando un conjunto complejo y amplio de instrumentos comerciales, 
entre ellos la  ayuda interna y las medidas en frontera, con miras a asegurar la viabilidad de la 
agricultura suiza . En 2018, las autoridades decidieron suprimir las subvenciones a la exportación de 
productos agropecuarios, y las contribuciones conexas se asignaron a los  productores que reunían 
las condiciones necesarias como medida de sostenimiento de los precios del mercado para los 
cereales y la leche comercializada . En Liechtenstein, la agricultura es marginal, y Suiza actúa en su 
nombre en cuestiones relacionadas con  la unión aduanera, como las relativas a las importaciones y 
exportaciones de productos agropecuarios".  
 
Question 2 : 
Colombia desearía precisar sobre la aplicación de instrumentos comerciales, incluidas medidas de 
apoyo interno y en frontera, con miras a garantizar la viabilidad de la agricultura Suiza . ¿Estos 
incluyen subvenciones recurribles según el artículo 5 del Acuerdo de Subvenciones de la OMC ? ¿Estos 
incluyen subvenciones prohibidos en los términos de los artículos 9, 10 y 13 Acuerdo de Agr icultura?  
 
Switzerland's answer:  
Switzerland's  domestic  support  measures  are in conformity  with both the WTO Agreement  on 
Agriculture  and the WTO Agreement  on Subsidies  and Countervailing  Measures . All export  subsidies  
have been eliminated  as of 2019.  
 
3 POLÍTICAS  Y PRÁCTICAS  COMERCIALES,  POR MEDIDAS  
3.3 Medidas  que afectan  a la producción  y al comercio  
3.3.3  Prescripciones  sanitarias  y fitosanitarias  
 
Párrafo  3.128 : "Durante  el período  objeto  de examen,  Suiza  elaboró  un nuevo  reglamento  sobre  
sanidad  vegetal . Las reglamentaciones  fitosanitarias  de Suiza  y la UE están  armonizadas  y, por lo WT/TPR/M/425/Add.1  
 
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tanto,  la nueva  legislación  suiza se ajusta  a las disposiciones  del Reglamento  fitosanitario  
(Reglamento  (UE) 2016/2031),  que entró  en vigor en 2016 y es aplicable  desde   
el 14 de diciembre  de 2019,  y sustituyó  a la Directiva  2000/29/CE . Las disposiciones  fundamentales  
suizas  figuran  en la Orden  sobre  Protección  de los Vegetales  contra  Organismos  Nocivos  
Especialmente  Peligrosos,  de 21 de octub re de 2018 (RS 916.20),  que entró  en vigor  
en 2020. Sustituyó  a la Orden  sobre  Protección  de los Vegetales  (RS 916.20),   
de 27 de octubre  de 2010,  e introdujo  prescripciones  más estrictas  y más medidas  preventivas . Sus 
disposiciones  de aplicación  se estab lecen en la Orden  sobre  Sanidad  Vegetal,   
de 14 de noviembre  de 2019 (RS 916.201),  en la que se enumeran  las plagas  cuarentenarias  y las 
plagas  no cuarentenarias  reglamentadas,  y productos  básicos  cuya importación  desde  terceros  
países  está prohibida  o debe ir acompañada  de un certificado  o pasaporte  fitosanitario,  u otros 
documentos  pertinentes  específicos . En la Orden  sobre  Medidas  Fitosanitarias  para la Agricultura  y 
la Horticultura  Productiva,  de 29 de noviembre  de 2019 (RS 916.202.1),  y en la Orden  sobre  
Medidas  Fitosanitarias  Forestales,  de 29 de noviembre  de 2017 (RS 916.202.2),  se establecen  en 
particular  medidas  fitosanitarias  para prevenir  la introducción  y propagación  de plagas  
cuarentenarias,  así como  de organismos  que puedan  cumpl ir las prescripciones  para ser 
reglamentados  como  plagas  cuarentenarias".  
 
Question 3 : 
Colombia desearía indagar sobre la nueva regulación Suiza sobre sanidad vegetal . ¿cómo resulta 
compatible esta nueva regulación con los artículos 5 y 6 del Acuerdo sobre Medidas Sanitarias y 
Fitosanitarias o con los artículos 2.1 y 2.2 del Acuerdo sobre Obstáculos Técnicos al Comercio?  
 
Switzerland's answer:  
With regard to Art icle 5 and 6 of the SPS Agreement as well as Art icle 2.2 of the TBT Agreement, 
Switz erland refers to the Risk Assessment, including the adaptation to regional conditions, done by 
the European Food Safety Authority (EFSA) and the European and Mediterranean Plant Protection 
Organization (EPPO) according to IPPC Standards.  
The Ordinance on t he Protection of Plants against Particularly Dangerous Organisms (Plant Health 
Ordinance, SR 916.20) regulates the import, export and transit of plants and plant material, 
quarantine and control measures and plant production with the aim of protecting Swit zerland against 
the spread of plant pests and diseases.  
Switzerland and the European Union (EU) have agreed a set of bilateral trade agreements covering 
tariff and non -tariff issues, including an Agreement on trade in agricultural products (entry into forc e 
on 1 June 2002). Under this agreement, Switzerland has harmonized its provisions with those of the 
EU, including on plant protection . Switzerland and Liechtenstein are part of the common 
phytosanitary area in which plants and plant products can, in princ iple, be traded freely.  
 
3.3.4  Política  de competencia  y controles  de precios  
3.3.4.1  Política  de competencia  – Suiza  
 
Párrafo 3.139 : "El segundo aspecto de las medidas adoptadas por la Asamblea Federal modifica la 
Ley Federal de Competencia Desleal, de 22  de octubre  de 1992. Con arreglo a la modificación, las 
medidas de bloqueo geográfico adoptadas por empresas privadas (es decir, las que no sean 
impuestas por el Estado) se consideran desleales y, por lo tanto, ilícitas . Esto significa que, e n 
situaciones de venta a distancia (es decir, ventas por Internet, teléfono o catálogo) ya no es posible 
discriminar a los clientes suizos en lo que concierne a las condiciones de pago, salvo que exista una 
razón objetiva . Esta modificación no es aplicable  a determinados sectores exentos enumerados, 
entre los que se incluyen los servicios no lucrativos, los servicios de transporte público, los servicios 
de salud y los servicios de comunicaciones electrónicas".  
Question 4 : 
Colombia agradecería conocer con mayor detalle en qué consisten las citadas medidas de bloqueo 
geográfico.  
 
Switzerland's answer:  
Le nouvel article 3 a de la  loi fédérale contre la concurrence déloyale (LCD)  
(https://ww w.fedlex.admin.ch/eli/cc/1988/223_223_223/fr )a introduit une interdiction du blocage 
géographique ( geoblocking)  en Suisse. Cette disposition a pour objectif d'empêcher les 
discriminations dans le commerce à distance.  
• Pour les clients suisses, il doit être techniquement possible d'accéder à d'autres 
boutiques en ligne spécifiques à un pays (par ex. .fr, .de, .at) et de consulter les offres.  WT/TPR/M/425/Add.1  
 
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• Les clients suisses ne doivent pas être automatiquement redirigés vers une boutique en 
ligne en .ch  s'ils souhaitent consulter une autre boutique en ligne spécifique à un pays 
(avec leur accord, la redirection est en revanche autorisée).  
• Une offre en ligne étrangère (y compris le prix, les conditions de livraison) est en 
principe également valable pour les consommateurs suisses. Cela ne signifie toutefois 
pas qu'il existe une obligation de livraison en Suisse : Le fournisseur peut déterminer lui -
même la zone de livraison et n 'est pas contraint de prévoir la livraison de ses produits 
en Suisse.  
 
4 POLÍTIC AS COMERCIALES, POR SECTORES  
4.1 Agricultura  
4.1.1 Panorama general y evolución reciente de la política  
 
Párrafo 4.8 : "Mediante un referendo celebrado en 2017 el electorado suizo adoptó un nuevo artículo 
sobre seguridad alimentaria en la Constitución suiza  (artículo 104a) . Establece que, a fin de 
garantizar el suministro de alimentos a la población, la Confederación creará condiciones para : i) la 
preservación de las bases de la producción agrícola, en particular de las tierras agrícolas ; ii) una 
producción de productos alimenticios adaptada a las condiciones locales y que utilice los recursos de 
manera eficiente ; iii) una agricultura y un sector agroalimentario que respondan a las exigencias del 
mercado ; iv) unas relaciones comerciales transfronte rizas que contribuyan al desarrollo sostenible 
del sector agroalimentario ; y v) una utilización de los productos alimenticios que preserve los 
recursos naturales . El nuevo artículo exige que se garanticen suficientes suministros alimenticios 
para la poblac ión suiza a largo plazo . Esta garantía se basa en la producción nacional y las 
importaciones, teniendo en cuenta toda la cadena de valor . Junto con el artículo relativo a la 
agricultura (artículo 104), el artículo sobre seguridad alimentaria define objetiv os amplios para las 
políticas agrícolas y conexas".  
 
Question 5 : 
Colombia desearía indagar sobre las medidas tomadas por Suiza a raíz del referendo sobre seguridad 
alimentaria . ¿Estas medidas incluyen subvenciones recurribles según el artículo 5 del Acuerd o de 
Subvenciones de la OMC ? ¿Estas medidas incluyen subvenciones prohibidos en los términos de los 
artículos 9, 10 y 13 Acuerdo de Agricultura?  
 
Switzerland's answer:  
Switzerland's domestic support measures – including measures implemented with an aim of ensuring 
food security – are in conformity with both the WTO Agreement on Agriculture and the WTO 
Agreement on Subsidies and Countervailing Measures.  
 
Párrafo  4.15: "Tras el estallido  de la pandemia  de COVID -19, las autoridades  suizas  adoptaron  
medidas  de apoyo  financiero  con miras  a garantizar  el suministro  de alimentos  a la población  y 
prevenir  una bajada  de los precios  en el mercado  agropecuario . Se asignó  un total de CHF 3 millones  
para el almacenamiento  de carne  de vaca,  ternera  y cabra,  cuya demand a disminuyó  tras el cierre  
de los restaurantes . El Gobierno  suizo también  aprobó  una orden  por la que se concede  asistencia  
financiera  excepcional  por valor de CHF 10 millones  para la reclasificación  como  vinos de mesa  de 
los vinos con denominación  de origen controlada . En virtud  de este régimen  de financiación,  los 
viticultores  tenían  derecho  a recibir  CHF 2 por cada litro de vino reclasificado  con denominación  de 
origen  controlada . También  se exigió  a los viticultores  que redujeran  la producción  máxima  para la 
cosecha  de 2020. Se permitió  un máximo  de 1,2 kg por metro  cuadrado  en el caso del vino blanco  
y de 1 kg por metro  cuadrado  en el del vino tinto. Los agricultores  de Liechtenstein  no pudieron  
beneficiarse  directamente  de la asistencia  financiera  excepcional  para la reclasificación  como  vinos 
de mesa  de los vinos con denominación  de origen  controlada . Si bien los agricultores  de Liechtenstein  
no tuvieron  derecho  a beneficiarse  de la ayuda  de Suiza  en el contexto  de la COVID -19, las 
autor idades  cambiaron  las fechas  de los pagos  directos  a los agricultores,  que normalmente  se 
efectúan  en tres tramos  a lo largo del año. En 2020,  el segundo  tramo  parcial,  que se suele pagar  
en agosto,  se adelantó  a junio,  y consistió  en el 40% de la ayuda  anual (en lugar del 33% habitual)".  
 
Question 6 : 
Colombia desearía profundizar en el alcance del apoyo a la industria vinícola y otros productores 
agropecuarios por más de CHF 3 millones en Suiza . ¿Estas medidas incluyen subvenciones 
recurribles según el artículo 5 del Acuerdo de Subvenciones de la OMC ? ¿Estas medidas incluyen 
subvenciones prohibidos en los términos de los artículos 9, 10 y 13 Acuerdo de Agricultura?  WT/TPR/M/425/Add.1  
 
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Switzerland's answer:  
Switzerland's domestic support measures – including the support to th e wine industry – are in 
conformity with both the WTO Agreement on Agriculture and the WTO Agreement on Subsidies and 
Countervailing Measures.  
 
3.3.7.5  Derecho de autor y derechos conexos  
 
3.195 . El proceso legislativo de Suiza se ha ocupado de las cuestiones relacionadas con Internet y 
las nuevas tecnologías . Una decisión de 2010 del Tribunal Supremo de Suiza que proponía la 
adopción de medidas legislativas para "adaptar la protección del derecho de autor a las nuevas 
tecnologías" y diversas mocione s parlamentarias conexas llevaron a la creación del Grupo de Trabajo 
para la Mejora de la Gestión Colectiva del Derecho de Autor y los Derechos Conexos (AGUR12) para 
evaluar la necesidad de revisar la legislación en materia de derecho de autor en respuesta  a la 
evolución del entorno digital, con especial hincapié en la necesidad de frenar la piratería en línea, 
velar por que los artistas y los titulares del derecho de autor reciban una compensación adecuada y 
mejorar el acceso público a las obras.  
 
Question  7: 
Podrían ampliar la información respecto a cuales fueron las medidas adoptadas en la reforma de la 
Ley de Derechos de Autor Suiza encaminadas a "adaptar la protección del derecho de autor a las 
nuevas tecnologías" ; haciendo especial referencia a las med ias encaminadas a la lucha contra la 
piratería en línea.  
 
Switzerland's answer:  
One main objective of the revision to the Copyright Act was to enhance the efficiency of the fight 
against online piracy . To this end, the revised Copyright Act contains two measures:  
 
A) a "stay down" obligation that specifically targets piracy platforms and  
B) a clarification that data processing is permissible for the criminal prosecution of copyright 
infringement.  
 
Some copyright infringements on the Internet are accidental, resulting from a lack of understanding 
copyright . In such cases, a mere notice and take down suffices as a remedy : Swiss hosting providers 
rapidly remove affected content in cases of copyright infringement via their servers . Self-regulation 
is paramount, which already works successfully today . The situation is different with regard to 
hosting providers that facilitate piracy . In such cases, the infringement is intentional . In these 
instances, the revised Copyright Act requires a "stay down" to offset the increased repeat 
infringement risk . Pursuant to the revised Copyright Act, hosting pr oviders must ensure that 
copyright infringing content, once taken down, is not re -uploaded.  
The piracy tracking provision simply confirms existing law . Its introduction was a necessary 
clarification due to an ambiguous passage in a 2010 decision rendered b y the Swiss Federal Supreme 
Court (Logistep decision - DFT 136 II 508) . The main issue in that case was the interplay between 
privacy rules and intellectual property . Under Swiss privacy law, a general monitoring of web 
activities is incompatible with the protection of privacy . The Logistep decision resulted in different 
views regarding the enforceability of the right of making available to the public in the limited context 
of sharing over peer -to-peer networks . The revised Copyright Act explicitly states t hat the processing 
of data for the prosecution of copyright infringement is permissible.  
In addition to the measures aimed at fighting against online piracy, the revised Copyright Act also 
includes further measures modernising the law : an inventory index p rivilege for the benefit of users 
and consumers, an exception for scientific purposes (text and data mining), as well as  a regulation 
on the use of orphan works . For creative artists, the revised Copyright Act contains an extension to 
the period of protection for related rights, a protection for photographs lacking individuality and a 
remuneration for authors and performers for video -on-demand uses . Finally, the revised law also 
introduces the instrument of extended collective licensing, improvements  in the tariff approval 
process, as well as electronic user notification for the collective rights management organizations.  
 
Question 8 : 
Del mismo modo en caso de contar con cifras sobre el tema, podrían indicar cuál ha sido la eficacia 
de las medidas ado ptadas . WT/TPR/M/425/Add.1  
 
- 9 - 
 
Switzerland's answer:  
A recent report of the Federal Council on the effectiveness of the amendments to the Copyright Act 
shows that the goals set for the revision are being achieved.  
Moreover, recent feedback from the state prosecution offices and the rights holders indicates that 
there has been hardly any enforcement action in  courts . Thus, the new measures seem to have the 
desired deterrent effect on online copyright infringement . This finding is supported by the fact that 
the criticis m of the rights holders regarding the enforcement possibilities has largely ceased since 
the revision has come into force.  
 
3.3.7.5  Derecho de autor y derechos conexos  
 
3.196 . Tras siete años de trabajos legislativos, la Asamblea Federal adoptó  
el 27 de septiembre  de 2019 una revisión de la Ley de Derecho de Autor de Suiza . La Ley revisada 
fortalece los derechos de los creadores culturales y de la economía cultural . Además de in cluir 
medidas contra la piratería en línea, amplía la duración de la protección concedida a los artistas 
intérpretes o ejecutantes y a los productores de 50 a 70 años y también aporta importantes 
innovaciones para los fotógrafos, en particular la protecció n de todas las fotografías, tanto analógicas 
como digitales, sean fotografías profesionales o de aficionados . El criterio de individualidad ya no es 
un requisito previo para la protección del derecho de autor en el caso de las fotografías . La ampliación 
de la protección de las fotografías es uno de los cambios más importantes de la Ley revisada, que 
también facilita el acceso a las obras, por ejemplo, mediante un privilegio de inventario, una 
reglamentación sobre la utilización de obras huérfanas y una exce pción con fines científicos en 
relación con el uso de tecnologías de minería de textos y datos.  
 
Question 9 : 
Frente a la revisión de la Ley de Derecho de Autor de Suiza adoptada el 27  de septiembre  de 2019, 
agradecemos si pueden brindar mayor información sobre la reglamentación de la utilización de obras 
huérfana y la excepción con fines científicos en relación con el uso de tecnologías de minería de 
textos y datos?  
 
Switzerland's answer:  
The revised provision on orphan works applies to all kin ds of orphaned works which have Swiss ties 
and which are physically located in the collections of memory institutions (e.g. libraries and 
museums) . The aim of this provision is to prevent works which are culturally and historically 
important for Switzerlan d from falling into oblivion due to lack of use . The use of orphan works is 
subject to remuneration . This ensures that rights owners who were initially unidentified or 
untraceable, but are later identified or make themselves known receive remuneration for previous 
uses of their works . In this case, the work ceases to be orphaned and any new use requires the 
consent of the rights owner.  
The new exception for scientific purposes explicitly allows the automated creation of work copies 
that are necessary for an alysis by text and data mining techniques . No remuneration is due for such 
use, since the data that lies at the core of such use is not protected, as such, by copyright . This 
provision applies to works to which researchers have lawful access, e.g. where a copy of the work 
has been acquired by the researcher or is available from a library.  
 
INFORME DEL GOBIERNO - DOCUMENTO WT/TPR/G/425  
1 INFORME DE SUIZA  
1.4 Política comercial  
1.4.2 OMC  
 
Párrafo 1.67 : "Cuando no es posible alcanzar un acuerdo entre todos los Miembros de la OMC, las 
iniciativas plurilaterales son una alternativa prometedora . A este respecto, Suiza observa con 
satisfacción la reciente conclusión de la negociación sobre la reglamentación nacional en el ámbito 
del comercio y los servicio s y la adopción a finales de 2020 de un conjunto de recomendaciones en 
favor de las mipymes . El buen trabajo realizado en el marco de las iniciativas relacionadas con 
declaraciones conjuntas debe continuar . El objetivo es reforzar el marco general en mater ia de 
comercio electrónico, facilitación de las inversiones para el desarrollo, mipymes, comercio y 
sostenibilidad ambiental, y comercio y cuestiones de género . Todas estas cuestiones son pertinentes 
para la modernización de la OMC".  WT/TPR/M/425/Add.1  
 
- 10 - 
 
Question 10 : 
Colombia agradecería conocer cómo se conforma actualmente el marco general en materia de 
protección al consumidor del comercio electrónico en Suiza y de qué manera, o a través de qué 
herramientas jurídicas, se pretende reforzar el mismo.  
 
Switzerland's ans wer: 
La protection des consommateurs est réglementée dans plusieurs lois et ordonnances . Il est à relever 
que le droit suisse est rédigé de manière technologiquement neutre . Partant, il est à la fois applicable 
pour le commerce stationnaire et le commerce en ligne . A l'instar de ce qui s'est fait à l'étranger et 
en particulier au sein de l'Union européenne, des dispositions spécifiques ont toutefois été adoptées 
pour le commerce en ligne si une réglementation plus poussée s'avérait nécessaire . Il y a notamm ent 
les lois et ordonnances suivantes qui contiennent des dispositions relatives à la protection des 
consommateurs:  
• Loi fédérale contre la concurrence déloyale 
(https://www.fedlex.admin .ch/eli/cc/1988/223_223_223/fr ): La loi fédérale contre la 
concurrence déloyale a pour objet de garantir une concurrence loyale pour tous les 
acteurs économiques (fournisseur, concurrents, commerçants, consommateurs, etc.) . 
Est notamment déloyale et illicite tout comportement ou pratique qui est trompeur . Si 
des intérêts collectifs sont en jeu la Confédération, représentée par le SECO, peut 
intervenir . La LCD contient des dispositions qui règlementent spécifiquement le 
commerce en ligne : Sont concerné es la vente en ligne et l'interdiction du spamming ; 
• Loi sur les télécommunications  
(https://www.fedlex.admin.ch/eli/cc/1997/2187_2187_2187/fr ): La loi sur les 
télécommunications  stipule que toutes les mesures techniquement possibles soient 
prises contre le spamming ; 
• Ordonnance sur l'indication des prix 
(https://www.fedlex.admin.ch/eli/cc/1978/2081_2081_2081/fr ). Cette ordonnance se 
limite à la protection des consommateurs dans le domaine de l'indication des prix ; 
• Loi fédérale sur le crédit à la 
consommation  (https://www.fedlex.admin.ch/eli/cc/2002/593 /fr); 
• Loi fédérale sur l'information des consommatrices et consommateurs  
(https://www.fedlex.admin.ch/eli/cc/1992/910_910_910/fr ). Cette loi édicte des 
prescriptions concernant la décla ration sur les biens et les services et règle l'aide 
financière aux organisations de consommateurs ; 
• Loi fédérale sur la protection des données 
(https://www.fedlex.admin.ch/eli/cc/1993/1945_1945_1945/fr ): La loi fédérale sur la 
protection des données a été révisée . La date d'entrée en vigueur n'a pas encore été 
déterminée . La révision totale adapte la LPD aux nouvelles conditions technologiques et 
sociales ; 
• Code des obligations  (https://www.fedlex.admin.ch/eli/cc/27/317_321_377/fr ). Il 
contient notamment d'une part des dispositions générales sur les contrats, dont celles 
relatives à la signature qui réglementent par exemple la signature électronique, et 
d'autre part des dispositions spécifiques sur divers contrats ; 
• Loi sur les produits thérapeutiques  (https://www.fedlex.admin.ch/eli/cc/2001/422/fr ); 
• Loi fédérale sur les denrées alimentaires et les objets usuels  
(https://www.fedlex.admin.ch/ eli/cc/2017/62/fr ); 
• Loi fédérale sur la sécurité des produits  
(https://www.fedlex.admin.ch/eli/cc/2010/347/fr ); 
• Loi fédérale sur la responsabilité du fait des produits 
(https://www.fedlex.admin.ch/eli/cc/1993/3122_3122_3122/fr ); 
• Loi fédérale sur les voyages à forfait 
(https://ww w.fedlex.admin.ch/eli/cc/1993/3152_3152_3152/fr ); 
• Loi fédérale sur le contrat d'assurance 
(https://www.fedlex.admin.ch/eli/cc/24/719_735_717/fr ); 
• Loi fédérale sur les services financiers 
(https://www.fedlex.admin.ch/eli/cc/2019/758/fr ). 
1.4.5 Comercio y Desarrollo  
Párrafo 1.89 . "(…) Junto con la Organización Internacional del Trabajo (OIT), Suiza ha promovido la 
observancia de las normas fundamentales en materia laboral, en particular en el sector de los textiles 
(programa BetterWork), ha apoyado a las mipymes por medio del Progra ma SCORE (Promoviendo WT/TPR/M/425/Add.1  
 
- 11 - 
 
Empresas Competitivas, Responsables y Sostenibles), y ha fomentado el trabajo digno y el empleo 
productivo a través del Programa de Ecosistemas de Productividad para el Trabajo Decente . En el 
período examinado Suiza también ha pasado a ser uno de los principales donantes del Programa 
sobre Comercio Electrónico y Economía Digital (ECDE) de la UNCTAD, cuyo objetivo es establecer 
un marco propicio y reforzar la capacidad en materia de comercio electrónico."  
 
Question 11 : 
Colombia tiene interés en conocer qué avances se han logrado, tanto en materia normativa como 
en cuestiones de soft law, bajo el marco de la participación de la Autoridad suiza en el Programa 
sobre Comercio Electrónico y Economía Digital (ECDE) de la UNCTA D. 
 
Switzerland's answer:  
Switzerland's contribution to the ECDE Programme was formalised in September  2021. The Swiss 
contribution will, in part, be used to finance an e -Trade Readiness Assessments (reference here: 
https://unctad.org/topic/ecommerce -and-digital -economy/etrade -readiness -assessments -of-LDCs) 
in three partner countries . These and other assessments c onducted under the ECDE will help to 
define the current state of play in developing countries with regards to the seven pillars of the eTrade 
for All initiative (i.e., e -commerce strategy, ICT infrastructure, payment solutions, trade facilitation 
and logis tics, legal and regulatory frameworks, skills development and access to finance) and will 
issue recommendations for a conducive policy framework . Switzerland will leverage other 
development cooperation programmes to support the implementation of these reco mmendations 
and will take them into account in the design of new programmes/projects . A first Swiss -financed 
e-Trade Readiness Assessment will be started this year in Peru . Further information on the ECDE 
Programme and its results so far can be found on th e UNCTAD's website  
(https://unctad.org/topic/ecommerce -and-digital -economy/etrade -readiness -assessments -of-
LDCs). 
 
2 INFORME DE LIECHTENSTEIN  
2.2 En torno de la política comercial y económica  
2.2.2 Los sectores económicos  
 
Párrafo 2.35 . "Habida cuenta del rápido ritmo y las grandes posibilidades de desarrollo de la 
tecnología de la cadena de bloques y sus ámbitos de aplicación, la Ley de Cadenas de Bloques de 
Liechtenstein está formulada de manera lo suficientemente abstracta como para garantizar que 
pueda seguir aplicándose a tecnologías posteriores . Esta es la razón por la que la ley utiliza el término 
"sistemas de transacción basados en tecnología s fiduciarias" . Dado que la tecnología de la cadena 
de bloques se utiliza activamente en Liechtenstein, la nueva ley aclara los requisitos aplicables a las 
actividades importantes en esos sistemas (servicios basados en tecnologías fiduciarias) . Además, 
mejora la protección de los consumidores y establece obligaciones en materia de diligencia debida 
a fin de garantizar el cumplimiento de las normas internacionales y luchar de forma general y eficaz 
contra el blanqueo de capitales." (Sección 2.2.2 . Los sector es económicos - página 27, párrafo 2.35)  
 
Question 12 : 
Teniendo en cuenta que la normatividad de Liechtenstein en materia de servicios tecnológicos, 
específicamente cadenas de bloques, ha reforzado la protección de los consumidores que interactúan 
con este  tipo de servicios, Colombia quisiera conocer con más detalle de qué manera la "Ley de 
Cadenas de Bloques" logra mejorar la protección de los consumidores.   WT/TPR/M/425/Add.1  
 
- 12 - 
 
4  HONG KONG, CHINA  
Trade Policies and Practices by Measure  
 
Competition policy - Switzerland  
(WT/TPR/S/425 : Page 24, para graph  1.25, Pages 94 -96, para graph s 3.136 -3.145)  
 
Switzerland is a "high price island" due to remaining restrictions on the openness of the economy 
and a high purchasing power . Prices are on average 59 % higher than in the European Union .  
In 2017, a popular initiative "Against the high -prices island – For fair prices" was proposed to counter 
abuses of dominant position and restrictions on competition . The initiative was ultimately withdrawn 
in favour of the counter p roject approved by the Federal Assembly in 2021 (Section 3.3.4.1).  
 
Question 1 : 
Noting the competition policy and measures taken as set out in Section 3.3.4.1 (e.g. regulating 
competition, merger control, amendments of the Cartel Act), do the Swiss authorities consider the 
current measures sufficient to counter the high prices in Switzerland ? Are there further measures 
being considered ? Are there any reviews or thresholds to quantify "high prices" for consideration of 
further measures?  
 
Switzerland's  answer:  
The Swiss authorities consider the current competition policy measures (including the newly 
introduced on 1 January  2022) and the planned amendment to merger control to be sufficient to 
address high prices in Switzerland . Furthermore, Switzerland will remove tariffs on industrial 
products as of 1 January  2024. The removal of tariffs will benefit Swiss consumers and businesses 
by reducing the price of many consumer goods, production costs and the administrative burden on 
importing businesses . Trade relations will become more efficient, and competition will be 
strengthened . Switzerland remains committed to reducing unnecessary trade barriers, but no 
concrete further measures are currently planned . There are no reviews or thresholds to quantify 
"high p rices" in order to consider further measures.  
 
Trade Policies by Sector  
Telecommunications  services  
(WT/TPR/S/425 : Page 150, para graph  4.141)  
 
The main regulatory changes stem from the revision of the Telecommunications Law that was 
adopted by the Federal Assembly on 2 2 March  2019 and entered into force on 1 January  2021, 
together with its accompanying ordinances . The main amendments to the telecom regime brought 
about by this revision include the following:  
To improve traceability in the event of abuses, the provision of value -added services with Swiss 
numbers is now conditioned by the localization of the headquarters in Switzerland.  
 
Question 2 : 
As regards the new requirement for the localization of headquarters in Switzerland for providing 
value -added services with Swiss numbers, could Switzerland share with us more implementation 
details about this new amendment ? Would it indirectly discourage the participation of foreign 
operators in the provision of telecommunications value -added services?  
 
Switzerland's answer:  
As regards the new requirement for the localization of headquarters in Switzerland for providing 
value -added services with Swiss numbers, could Switzerland share with us more implementation 
details about this new amendment ? Would it indirectly discourage the participation of foreign 
operators in the provision of telecommunications value -added services?  
In the past, there has been a lot of abuse in the area of value -added services . This was entirely to 
the detriment of consumers . At the same time, confidence in the telecommunications industry as 
such in Switzerland also suffered as a result.  
In this respect, it became necessary to take measures to restore the smooth functioning of the 
industry and consumer confidence . Providers of value -added services do not necessarily have to 
have their head office in Switzerland . A permanent establishment is also sufficient in this regard . A 
general decline in the supply of such services due to the new condition could not be detected . The 
suppliers fo und economically viable solutions to continue operating profitably in the Swiss market.  
 WT/TPR/M/425/Add.1  
 
- 13 - 
 
Banking services  
(WT/TPR/S/425 : Page 162, para graph  4.193)  
 
For Swiss branches of foreign banks, the Swiss Financial Market Supervisory Authority (FINMA) will 
grant a licence only if : (i) the foreign bank is appropriately organized, employs adequately qualified 
staff, and has financial resources to operate a branch in Switzerland ; (ii) the foreign bank and branch 
are subjected to adequate supervision ; (iii) the competent foreign supervisory authorities make no 
objection to the establishment of a branch ; (iv) the competent foreign supervisory authorities state 
that they will immediately inform FINMA if circumstances arise that may seriously jeopardize the 
interest s of the bank's creditors ; (v) the competent foreign supervisory authorities are able to 
provide FINMA with official support ; (vi) the licensing requirements set out in Article 3 bis,  
paragraph 1, of the Banking Law are met (reciprocity and adequate compan y name) ; (vii) the branch 
meets the licensing requirements of the Banking Law and has a regulation that precisely defines its 
business activities and provides adequate organization ; and (viii) the foreign bank provides evidence 
that the company name of the  branch qualifies for entry in the Commercial Register.  
 
Question 3 : 
We note that quite a number of additional conditions and criteria have to be met for granting a 
licence for foreign banks to set up a Swiss branch . We are interested to know the approval rate for 
banking licence applications by foreign banks in recent years . We would also like to know if 
Switzerland has any plan to relax some of the requirements with a view to attracting more foreign 
banks to enter the market.  
 
Switzerland's answe r: 
There have been no formal rejections of applications by foreign banks to set up a Swiss branch in 
recent years . There are currently no plans to alter the authorisation requirements for banks . 
 
Railway transport services  
(WT/TPR/S/425 : Page 175, para graph  4.268)  
 
Unlike many European countries, Switzerland has never had a regime of public monopoly in rail 
services . Instead, a large public company (SBB -CFF-FFS) coexists with several private companies, 
the number of which has diminished over time throug h mergers . In addition to the three major Swiss 
network -owning companies, several foreign railways freight companies, most of them of German 
nationality, have created subsidiaries in Switzerland, and obtained an authorization of access to the 
Swiss network  and the correlative safety certificate.  
 
Question 4 : 
We are interested to know the current share of private companies in the railway transport services 
market . In the light of Switzerland's policy of transferring cross -alpine transport of goods from road 
to rail, are there any measures to encourage participation of foreign railways freight companies in 
this field?  
 
Switzerland's answer:  
The Swiss rail freight market is completely liberalized and access is open to all companies . This 
means that for all  rail freight undertakings the same rules and conditions apply . All companies 
currently operating in Switzerland are privately organized (even though some railway undertakings 
are in part publicly owned) . Therefore, the share of private companies in rail freight  is 100 %. 
The confederation ensures equal market conditions for all railway undertakings to guarantee open 
access to the Swiss railway network, no matter whether trans -alpine transport or freight traffic all 
throughout Switzerland : there are no speci fic measures to encourage participation  of foreign 
railways.  
 
Pipeline transport services  
(WT/TPR/S/425 : Pages 175 -176, para graph  4.272)  
 
The Swiss gas market is only rudimentarily regulated . In 2012, industry associations and the gas 
industry established network access for large consumers under private law with the so -called 
"Associations' Agreement" . Legal regulation of network access is planned with a new Gas Supply 
Law, which was in public consultation in 2019 -2020. Until now, there are few third-party suppliers, 
and the local utilities remain the largest suppliers.  WT/TPR/M/425/Add.1  
 
- 14 - 
 
Question 5 : 
What is the outcome of the public consultation, and the current status of the new Gas Supply Law ? 
Would there be any plans to introduce more competition, particularly through foreign third -party 
suppliers?  
 
Switzerland's answer:  
The Federal Council has not yet commented on the further procedure following the consultation on 
the Gas Supply Act . However, the adoption of the bill by parliament is a goal for th e current  
year 2022 . The consultation bill provided for regulated market access for customers with a 
consumption of over 100 MWh/year - the choice was independent of whether suppliers were foreign 
or domestic.   WT/TPR/M/425/Add.1  
 
- 15 - 
 
5  CANADA  
SECTION I : QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
PART 3 – TRADE POLICIES AND PRACTICES BY MEASURE : 3.3.1.2 INDIRECT TAXES  
 
Page 84 , Article 3.91  
 
The Secretariat Report notes that small alcohol producers can benefit from a lower tax rate as 
outlined in Article 24 of the Ordinance of 1 5 September  2017 on Alcohol.  
 
Question 1 : 
Are international producers eligible for the small -producer tax reduction ? If so, what process would 
foreign small producers need to go through in order to qualify?  
 
Switzerland's answer:  
Non, le statut de petit producteur n'est accordé qu'aux producteurs non-industriels d'eaux -de-vie de 
fruits et de déchets de fruits indigènes, dont les matières premières proviennent exclusivement de 
leur propre production ou ont été récoltées par leur soi n à l'état sauvage en Suisse ( article 14, al. 1 
et art. 22, al. 2 de la loi fédérale sur l'alcool du 21  juin 1932).  
 
Question 2 : 
Does the program differ based on the origin of the producer, if so how?  
 
Switzerland's answer:  
Comme indiqué dans la réponse à la question 1, le statut de petit producteur est lié au lieu de 
production et non-à l'origine du producteur.  
 
Question 3 : 
What percentage of Swiss producers qualify for the small -producer tax reduction listed in Article 24 
of the Ordinance?  
 
Switzerland's answer:  
Le pourcentage de petits producteurs bénéficiant de la réduction d'impôt en Suisse s'élève à un peu 
plus de 70 %. Ce chiffre doit toutefois être relativisé pour deux raisons . La première, c'est que la 
production totale des petits producteurs ne représentait que 20 % du total de la production indigène 
pour la période de production 2020 -2021. La deuxième, c'est qu'en 2021, la production indigène 
totale n'atteignait que 2 .2% des quantités d'alcool p our mise s sur le marché en Suisse, le 97 .8% 
étant importé.  
 
PART 3 – TRADE POLICIES AND PRACTICES BY MEASURE : 3.3.3 SANITARY AND 
PHYTOSANITARY REQUIREMENTS  
 
Pages 91 to 94 , paragraphs 3.121 to 3.135  
 
The Secretariat Report notes the main legislation covering SPS measures, including legislation 
relating to sanitary and phytosanitary measures and the main sanitary and phytosanitary 
requirements and procedures.   
 
Question 4 : 
Do Switzerland and Liechtenstein have any planned upcoming sanitary and phytosanitary regulatory 
initiatives not referenced in the TPR reports?   
 
Switzerland's answer:  
Switzerland is currently modifying its interdepartmental (EAER and DETEC) Ordinance on the Plant 
Health Ordinance of 1 4 November  2019 (SR 916.201) and will noti fy this change of legislation to the 
WTO Members according to the SPS Agreement.  WT/TPR/M/425/Add.1  
 
- 16 - 
 
PART 3 – TRADE POLICIES AND PRACTICES BY MEASURE : 3.3.6.1 GOVERNMENT 
PROCUREMENT (SWITZERLAND)  
 
Page 103 , paragraph 3.171  
 
The Secretariat Report  indicates that some federal or cantonal contracts "may be awarded using 
open or selective tendering, and in some cases by direct award."  
 
Question 5 : 
Could Switzerland please specify in what circumstances a procuring entity would (1) use selective 
tenderi ng and (2) directly award contracts?  
 
Switzerland's answer:  
Articles 17 to 21 of the revised federal law on public procurement 
(https://www.fedlex.admin.ch/eli/cc/2020/126/fr ) define the circum stances under which a 
contracting authority can choose the type of the procurement procedure . Articles 19 and Articles 21 
address the specific circumstances of the selective respectively direct award procedures . Such 
circumstances rely on the respective pr ovisions of the WTO GPA . The cantons apply the same 
principles within their intercantonal Agreement on government procurement.  
 
Page 103 , paragraph 3.173  
 
The Secretariat Report indicates the following : "[…] Complaints relating to government procurement 
procedures may be lodged with the Federal Administrative Court (in the case of federal government 
procurement) or an independent cantonal authority (in the case of cantonal government 
procurement)."  
 
Question 6 : 
Could Switzerland please specify  what appeal procedures are available to aggrieved parties in the 
case of (1) federal -government procurements and (2) cantonal -government procurements?  
 
Switzerland's answer:  
The rules and procedures regarding the right to appeal differentiate between procurement covered 
by international agreements and procurement outside the scope of international agreements . 
Effective legal protection is provided on procurement covered by international agreements . A 
decision by a federal contracting authority might be appealed to the Federal Administrative Court, 
while a decision by a cantonal contracting authority might be appealed to the Cantonal 
Administrative Court of the canton in question.  
 
PART 4 – TRADE POLIC IES BY SECTOR : 4.14 AGRICULTURE (EXPORT SUBSIDIES)  
 
Page 127 , paragraph 4.61  
 
The Secretariat Report outlines that "[a]s an accompanying measure, new non -export -linked 
domestic support instruments for producers of cereals and marketed milk have been 
introd uced […]". 
 
Question 7 : 
Are these measures intended to be temporary/transitory ? If yes, is there any expected timeline to 
end these measures?  
 
Switzerland's answer:  
No, these measures are neither temporary nor transitory.  
 
PART 4 – TRADE POLICIES BY SECTOR : 4.14 AGRICULTURE (EVOLUTION OF SUPPORT)  
 
Page 128 , paragraph 4.67  
 
The Secretariat Report outlines that "Switzerland is in line with the trends in the OECD and the 
European Union in making reforms towards less trade -and-product ion-distorting measures  
(Chart 4.1) . However, PSE accounted for 51 .9% of gross farm revenues in 2020, meaning that WT/TPR/M/425/Add.1  
 
- 17 - 
 
almost over a half of farmers' revenues were due to support policies . In relative terms, Swiss farmers 
received over twice as much support as EU farmers (PSE of 19 .3%) and OECD average (18 .2%)." 
 
Question 8 : 
Can Switzerland describe how it plans to continue reforms to its agriculture sector in order to be less 
reliant on trade -distorting government support and more responsive to marke t conditions?  
 
Switzerland's answer:  
Can Switzerland describe how it plans to continue reforms to its agriculture sector in order to be less 
reliant on trade -distorting government support and more responsive to market conditions?  
 
Within our agricultural policy framework for 2014 -2017, subsequently extended to 2022, Switzerland 
continues to focus on the deregulation of agricultural markets as well as on improving our direct 
payment scheme in order to be more efficient and effective (e.g. conti nuation of environmental 
cross-compliance conditions, abolition of general area payments, reallocation of payments related 
to specific agricultural practices) . Another step in the reform process was the abolition of all 
remaining export subsidies in 2019.  
Switzerland has always been engaged to the continuation of the reform process following  
Article 20 of the WTO Agreement on Agriculture . In this context, Switzerland is ready to take its 
engagements, preferably in the scope of larger negotiating packets.  
Discussions concerning future development of the Swiss agricultural policy are continuing.  
 
PART 4 – TRADE POLICIES BY SECTOR : 4.2.2.1 SWITZERLAND (ECONOMIC 
DEVELOPMENTS)  
 
Page 134 , paragraph 4.82 and page 135 , paragraph 4.85  
 
The Secretariat Report notes the growth in electricity production, as well as changes in the make -up 
of energy sources, including doubling of the share of renewable energy sources, primarily in solar 
but marginally in wood and biofuels . The Report also notes Switzerland's Energy  Strategy 2050 on 
page 135, paragraph 4.85.  
 
Question 9 : 
Can Switzerland indicate to what extent the Energy Strategy 2050 prioritizes or supports the 
deployment of biofuels as an energy source?  
 
Switzerland's answer:  
• Biofuels are promoted via tax breaks (E xemption from mineral oil tax until 2030)  
• Producers or importers of fossil motor fuels are obliged to partially compensate for the 
CO2 emissions caused by transport . This can be done via biofuels.  
• The production of biofuels itself is currently not promote d. 
• The technology for biofuels production can be specifically promoted via energy research 
and innovation promotion projects.  
 
PART 4 – TRADE POLICIES BY SECTOR : 4.2.2.2 SWITZERLAND (POLICY DEVELOPMENTS)  
 
Page 136 , paragraph 4.86  
 
The Secretariat Report notes the availability of investment grants for various renewable energy 
technology installations, including among others, biomass.  
 
Question 10 : 
Can Switzerland detail the uptake of such investment grants to date by eligible beneficiari es, and by 
which technology area?  
 
Switzerland's answer:  
Beneficiaries: the investment contribution are entitled to all beneficiary types (private persons, 
firms, public sector). There is no limitation in that regard.  
 
Technologies supported so far: hydropower (small and large), solar pv (small and large, rooftop and 
open space plants), biomass (wood and sewage and waste), geothermal plants . 
Additional technologies supported starting January  2023: biomass (biogas) and wi nd power . WT/TPR/M/425/Add.1  
 
- 18 - 
 
Question 11 : 
Is there a ceiling for the "20 % of investment costs" amount available for biomass projects?  
 
Switzerland's answer:  
Starting 2023 the ceiling for biomass project in the Energy Act is 60% of the investment costs. For 
some types of plan ts the contribution is going to be lower.  
 
Question 12 : 
Are foreign firms eligible for the aforementioned investment grants, or does this policy target 
domestic companies?  
 
Switzerland's answer:  
The investment needs to be done in Switzerland. The investors can be also foreign firms.  
 
PART 4 – TRADE POLICIES BY SECTOR : 4.4.4.2 LIECHTENSTEIN (OVERVIEW OF 
ECONOMIC AND REGULATORY DEVELOPMENTS IN THE FINANCIAL SERVICES SECTOR)  
 
Page 169 , paragraph 4.233  
 
The Secretariat Report notes the following : "Banks and investment firms from outside the EEA may 
in principle offer their services in Liechtenstein only through a local subsidiary . The establishment of 
such a subsidiary requires a licence granted by the FMA . Investment firms and banks domiciled in 
another EEA Member State may offer their services in Liechtenstein under the freedom to provide 
services ("cross -border") or the right to establishment (branch) subject to relevant EEA law, 
provided that the services offered are covered by their national aut horization."  
 
Question 13 : 
Does Liechtenstein have foreign equity caps applying to financial institutions and financial 
companies ? If so, what sub -sectors do they apply to (i.e. banking, insurance, asset management)?  
  WT/TPR/M/425/Add.1  
 
- 19 - 
 
6  SINGAPORE  
PART I : QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
QUESTIONS:  
 
4.2.2 Energy  
 
Page 136 , paragraph  4.86 
 
Question 1 : 
The WTO Secretariat Report states that "energy consumption per capita should  diminish  
by 16% in 2020 and 43% in 2035 ." Besides energy efficiency, does Switzerland have other 
measures in place to manage demand growth?  
 
Switzerland's answer:  
Besides measures targeting energy efficiency directly (like for example the buildings programme 
that supports structural energy -efficiency measures in  the buildings sector), Switzerland promotes 
research and innovation in the energy domain (for example through the technology 
fund (https://www.bafu.admin.ch/bafu/en/home/topics/climate/info -specialists/reduction -measu
res/technology -fund.html ) that promotes innovative technologies or the research and Pilot and 
demonstration programmes of the SFOE ( https://www.bfe.admin.ch/bfe/en/home/research -and-
cleantech/research -and-cleantech.html ). 
 
Question 2 : 
The WTO Secretariat Report notes that Switzerland has offered feed -in tariffs  and subsidies for 
renewables such as rooftop solar PV . What were the impacts on the market and grid, and how 
were they managed?  
 
Switzerland's answer:  
Thanks to the support mechanism the rooftop solar PV marked is growing fast (new installed 
capacity in 2019: 320 MW h; new installed capacity in 2021: 750 MW h). The contributions are up  
to 30% of the investment costs. For small installations the contributions are currently 15 -20%.  
 
At the moment as the share of solar power in the electricity mix is still re latively  
low (about 5%) there is no notable impact on the grid. In the future the grid is going to need 
some upgrades and reinforcement. Although thanks to smart solutions the grid is going to be able 
to integrate a large share of solar pv without having stability issues.  
 
Question 3 : 
The WTO Secretariat Report states that Switzerland is extending the "one -off investment grants" 
to new beneficiaries including photovoltaic installations . These subsidies would be available  
until 2030 at the latest . Would Switzerland be able to share at this point if there are other plans 
to continue incentivising renewable plants beyond 2030 after the subsidies are no longer in place?  
 
Switzerland 's answer:  
Yes, a revision of the Energy Act is currently being discusse d by the Parliament. In der revision is 
foreseen to extend the support mechanism for renewable power plants until 2035.  
 
Page 137 , paragraph  4.89 
 
Question 4 : 
The WTO Secretariat Report states that "importers will be allowed to pass  on the tax up to 
CHF 0.05 per litre to consumers" . What were the considerations behind (i) allowing cost 
passthrough of the carbon tax from fuel importers to consumers and (ii) imposing a cap on the 
amount of cost that could passed to consumers ? How was th e amount of "CHF 0.05 per litre " 
derived?  
 
Switzerland's answer:  
1) The compensation obligation laid down in the CO2 Act was preceded by a voluntary 
measure on the part of fuel importers . The cap of CHF 0.05 underlines that the 
compensation obligation anchored in the CO2 Act does not equal a CO2 tax on fuel, but WT/TPR/M/425/Add.1  
 
- 20 - 
 
rather is a continuation of the previously voluntary measures . By allowing a price 
surcharge on fuel, this very continuation was facilitated.  
2) The cap of CHF 0.05 was the result of the negotiations on the CO2 Act  
post 2012 between the political actors . It reflects an upper bound on the surcharge 
importers are allowed to pass on to consumers . Importers use the revenues from this 
surcharge to fulf il their compensation obligation . The amount of CHF 0.05 per  
litre (maximum) was calculated to cover the expected expenditures to finance the 
required compensation projects.  
 
Question 5  
The WTO Secretariat report states that importers "will continue to ha ve their tax reimbursed if 
they pledge to diminish their emissions by an additional 2% per year" . How is the 2% reduction 
in emissions measured ? Is this at the point of consumption?  
 
Switzerland's answer:  
The text is probably referring to enterprises that are exempt from the CO2 -tax (see : 
https://www.bafu.admin.ch/bafu/en/home/topics/climate/info -specialists/reduction -
measures/co 2-levy/exemption.html ). The 2% is measured at the point of consumption as 
indicated in the respective monitoring reports of the enterprises.  
 
Page 137 , paragraph  4.91 
 
Question 6 : 
The WTO Secretariat Report states that "electricity imports have accounted for  a growing share 
of Switzerland electricity demand in recent winters ". How does Switzerland ensure energy security 
while importing electricity from other countries ? In the event of disruption in imports, what are 
some strategies to procure ade quate reserves to account for a potential energy shortfall?  
 
Switzerland's answer:  
Switzerland is highly  interconnected with the electricity systems of its neighbouring countries . The 
high volumes of exchanges as well as the flexibility of Switzerland's hydroelectric  production parc 
contribute significantly to its electricity security of supply . In order to ensure a good level of 
security of supply also for the future Switzerland intends to rely on several pillars : energy 
efficiency, ramping up of renewable  production, increase of storage capacities and strategic 
reserves for emergency situations . The increase in renewable electricity production furthermore 
decreases overall import dependency.  
 
PART II : QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
QUESTION:  
 
1.3.2 Emerging from the COVID -19 crisis and long -term growth policy  
 
Page 10 , paragraph  1.37 
 
Question 7 : 
What are Switzerland's key levers to boost its economy in the wake of COVID -19 while maintaining 
an "effective and efficient environmental and climate policy"?  
 
Switzerland's answer:  
Along the six areas of action mentioned in paragraph 1.37, there are various projects which will 
contribute to a sustainable recovery after the crisis, while maintaining an effective and efficient 
environmental policy . Key projects to mention are the message regarding a Business Relief Act  
(https://www.seco.admin.ch/seco/fr/home/seco/nsb -news.msg -id-83285.html ), which will 
anchor important principles for good regulatory practice in the law so that the administrative 
burden of new regulations is minimised . Such principles are also of great importance in 
environmental policy, to ensure a high level of acceptance by th e population and business . Various 
projects are dedicated to improve the conditions for a productivity enhancing digitalisation . The 
Federal Council intends for instance to submit consultation proposals on the introduction of a 
digital ID  (https://www.bj.admin.ch/bj/fr/home/staat/gesetzgebung/staatliche -e-id.html ), which 
would facilitate digital identification procedures  for business but as well for exchange between 
private actors and government . Regarding the digitalisation of government services, the WT/TPR/M/425/Add.1  
 
- 21 - 
 
transformation programme to digitalize and simplify customs procedures  
(https://www.bazg.admin.c h/bazg/en/home/topics/dazit.html ) is also a high priority for the 
Federal Council.  
  WT/TPR/M/425/Add.1  
 
- 22 - 
 
7  UNITED STATES  
Part I.  Questions based on the Secretariat Report (WT/TPR/S/425)  
 
SUMMARY  
 
Question 1 : 
Page 12, paragraph 24 : What incentives are provided under the Energy 2050 Strategy for investment 
in renewable energy production?  
 
Switzerland's answer:  
• Investment contributions from 20 to 60 % for renewable energy plants : water-, biomass -, 
wind-, geothermal - and solar power plants ; 
• Reduction of administrative procedu res in particular for water and wind power plants . 
 
1 ECONOMIC ENVIRONMENT  
 
Question 2 : 
Page 24, paragraph  1.25: The report notes that competition in the domestic market and external 
openness of the economy were among the economy's weaknesses . The recent strengthened market 
position of retail chains from other countries is welcome in this regard . How does Switzerland intend 
to continue increasing competition among limited retail chains?  
 
Switzerland's answer:  
There are several projects of relevance to increase competition in the retail sector . To mention is for 
instance the project to liberalize th e mail order business with non -prescription medicines : In 
fulfilment of the postulate Stahl (19.3382) "Mail order trade in non -prescription medicinal products", 
the Federal Council has examined the possibilities for a safe and high -quality mail order trade in 
non-prescription medicinal products . Mail-order sales of medicinal products are generally prohibited 
in Switzerland . However, the canton s can authorize it for pharmacies if the order is accompanied by 
a doctor's prescription . Given today's widely available technological possibilities such as video 
telephony, the wider use of smartphones and the experience gained in the pandemic, the Federa l 
Council decided on 2 4 November  2021 to submit a proposal to simplify th e mail order trade in 
non-prescription medicines, while ensuring patient safety and the quality of the medicines at all 
times . The opening of the consultation on a corresponding revis ion of the Therapeutic Products Act 
is expected to take place in 2023.  
Another project is the message on the Gas Supply Act : To date, there is no uniform, nationwide 
framework for functioning competition in the gas market . Although the Associations' Agreem ent  
of 2012 regulated network access for gas supplies to large industrial customers, it did not grant 
other end consumers the right to freely choose their supplier . In 2020, the Competition Commission 
decided that smaller end consumers should also be able  to freely choose their supplier . The Gas 
Supply Act (GasVG) is now intended to define uniform, clear rules so that an efficient gas market 
can emerge.  
 
2 TRADE AND INVESTMENT REGIMES  
 
Question 3 : 
Page 34, paragraph  2.2: The referendum on a trade agreement with Indonesia passed by a very 
narrow margin . Does this signal a growing scepticism  on free trade on the part of the Swiss 
population?  
 
Switzerland's answer:  
The Federal Council is satisfied that Swiss voters approved the Comprehensive Economic Partnership 
Agreement between the EFTA States and Indonesia . The discussion leading up to the vote and the 
relatively narrow margin of acceptance highlighted that it is crucial to continue to demonstrate with 
solid data and concrete examples the importance of stable and non -discriminatory access to 
international markets for Swiss companies of all sizes . The information generated in the framework 
of the analysis of preference utilization ( cf. WT/TPR/S/425, para graph  2.17) will be useful in this 
context. 
 
The result of the vote further showed how important credible solutions on trade and sustainable 
development are in order to safeguard continued public support for such agreements . Switzerland, WT/TPR/M/425/Add.1  
 
- 23 - 
 
together with its EFTA partners, will therefore continue  to include comprehensive provisions on trade 
and sustainable development in all its free trade agreements.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
 
Question 4 : 
Page 59, paragraph  3.20: Switzerland will abolish industrial tariffs on imports effective 
January  2024. 
 
Have Switzerland's free trade partners signalled  any perceptions that this unilateral abolition of 
tariffs will diminish the value of existing FTAs?  
 
Switzerland's answer:  
Up to  now, there have been no negative reactions of Switzerland's free trade partners . Some FTA 
partners have reacted positively due to reduced administrative costs.  
 
• What will Switzerland's strategy be for negotiating new FTAs given there will be no 
industrial tariffs for any country, yet barriers to access in agriculture remain high?  
 
Switzerland's answer:  
In November  2021, Switzerland published its latest Foreign Economic Policy Strategy . Central areas 
of action numbers 3 and 4 outline more informat ion on the question of FTAs . The Strategy is available 
in French  (https://www.seco.admin.ch/seco/fr/home/Aussen wirtschaftspolitik_Wirtschaftliche_Zus
ammenarbeit/aussenwirtschaftspolitik/aws.html ) and English 
(https://www.s eco.admin.ch/seco/fr/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarb
eit/aussenwirtschaftspolitik/aws.html ) in addition to German and Italian.  
Switzerland will continue to extend and update its already vast network of free trade agreements 
and wil l continue to negotiate broad agreements, containing not only goods, but also services, 
investment, etc.  
In Switzerland applied tariffs on industrial products are already generally low today at an average 
of 1.7 % of the product value . Hence, the focus of t rade partners in Switzerland's and Liechtenstein's 
goods negotiations has already been on agricultural products in the past.  
 
Question 5 : 
Page 93, paragraph 3.134 : Switzerland states that "special regulations apply to products that are, 
contain, or are derived from GMOs . An authorization is required for placing these products on the 
market . After the authorization from the FSVO has been delivered, the manufacturers must regularly 
demonstrate to the FSVO that the characteristics of the authorized GMO have  not changed ". 
 
Please provide further detail on the criteria by which Switzerland determines which products are, 
contain, or are derived from GMOs and what authorization is required for placing these products on 
the market.  
 
Switzerland's answer:  
Switzerland distinguishes between products that are, contain or are derived from GMOs and products 
that are produced through GMOs . In the first category fall products such as GMO food ( e.g. GMO 
plants intended as foodstuff), food containing GMOs (e.g. prot ein bars containing GMO soya) or food 
derived from GMOs (e.g. a protein extract from a GMO plant) . The second category, instead, refers 
to the so -called fermentation products, meaning products that are produced through a genetically 
modified microorganism in a closed system (fermenter), isolated, purified and chemically refined . 
These can be vitamins, enzymes or other kind of products . Important is that no GMO trace is 
contained in the product anymore ( e.g. DNA). 
Products that are, contain, or are derived f rom GMOs underlie an authorization procedure led by the 
FSVO . Applicants need to confirm that the product poses no risk for human health upon consumption, 
and eventually submit the dossier to the Federal Office of Environment (FOEN), which then evaluates 
the potential risks for the environment . If no reservations have been made by the concerned Federal 
Offices, the product can be authorized by the FSVO.  
Fermentation products, instead, underlie a simplified authorization procedure . Either they are 
already cl assified and authorized as novel food in the European Union, and then are automatically 
legally marketable in Switzerland, or the FSVO leads the authorization procedure without need of 
consulting other Federal Offices.  WT/TPR/M/425/Add.1  
 
- 24 - 
 
For further information, see: https://www.blv.admin.ch/blv/en/home/lebensmittel -und-
ernaehrung/rechts -und-vollzug sgrundlagen/bewilligung -und-meldung/gentechnisch -veraenderte -
organismen -gvo.html . 
 
• Please clarify how often manufacturers must demonstrate to the FSVO that characteristics 
of the authorized GMO product have not changed,  and which criteria are used to so 
demonstrate.  
 
Switzerland's answer:  
Upon authorization, manufacturers need to provide regular demonstration that the genetic 
modification within the product is stable and has not changed over time . These data usually imply 
the analysis of samples of the product or the GMO raw material . Furthermore, it has to be shown 
that the environmental aspects are safe . This means that the manufacturer also needs to take 
samples around the manufacturer's facility (if located in Switzerland) and have them analyzed.  
It is not regulated how often these data need to be provided . The authorization for products that 
are, contain or are derived from GMOs is valid for 10 years . The updated data need to be resubmitted 
at the latest by the time of renewal.  
 
Question 6 : 
Page 104,  section 3.3.7 : The Secretariat Report does not address the protection of trade secrets . 
Please summarize the protection regime for trade secrets and identify the relevant statutory 
authority . Please also provide information on the number and outcome of trade secret disputes 
before civil, administrative, or criminal courts in 2020 and 2021, if available.  
 
Switzerland's answer:  
The Swiss legal framework does not provide for a specific trade secrets act . Rather, in Switzerland, 
trade secrets are protected by various provisions, which are contained in different statutes, and 
thereby ensure an appropriate and differentiated level of protection, in line with the 
TRIPS -Agreement . The most relevant statutes under Swiss law are the Unfair Competition Ac t, the 
Swiss Criminal Code and the Swiss Code of Obligations, in particular its section on employment law.  
Swiss unfair competition law prohibits the exploitation or use of trade secrets entrusted to someone, 
without the permission to further use or disclo se it, or which have been stolen or unlawfully obtained . 
It also prohibits any conduct inducing employees to betray or unlawfully acquire any trade secrets 
of their employer . Swiss criminal provisions provide that anyone who divulges a trade secret that he  
is under a statutory or contractual duty not to reveal, or anyone who unlawfully exploits a trade 
secret for himself or another, is committing a criminal offense . Furthermore, employment law 
provisions set out that an employee must not exploit or reveal t rade secrets obtained while in the 
employer's service . Also, to note is that the Swiss Civil Procedure Code provides provisions for 
comprehensive protection of trade secrets in legal proceedings.  
Swiss law provides for enforceable remedies against trade se cret infringements . Civil remedies 
include damages and handing over of profits . Regarding criminal remedies, any person who betrays 
a manufacturing or trade secret that he is under a statutory or contractual duty not to reveal is liable 
on complaint to a c ustodial sentence not exceeding three years or to a monetary penalty . The 
competent authorities are the police and the attorney general for the prosecution, and the competent 
criminal or civil courts for the trial.  
There are no official and comprehensive s tatistics of cases available concerning trade secrets.  
Please see also the comprehensive information provided by Switzerland on its intellectual property 
protection and enforcement laws in its responses to the Checklist of Issues on Enforcement, as 
revised  on 4 March  2022, and contained in document IP/N/6/CHE/3.  
Question 7 : 
Page 105, paragraph 3.177 : The Secretariat Report states that "[Switzerland's] Federal Law on 
Copyright and Related Rights was partially revised to adapt it to the latest technological 
developments and to make the fight against online piracy more effective ". 
 
• Have there been any reported cases applying the new law on copyright and related rights ? 
If so, please summarize those cases and their outcomes.  
• Please provide statist ics on use of the revised law or examples of how the revised Federal 
Law has had an impact on fighting online piracy.  
 WT/TPR/M/425/Add.1  
 
- 25 - 
 
Switzerland's answer:  
Recent feedback from the State prosecution offices and the rights holders indicates that there are 
hardly any enforcement actions in courts . Thus, the new measures seem to have the desired 
deterring effect on online copyright infringement . This finding is supported by the fact that the 
criticism of the rights holders regarding the enforcement possibilities has lar gely ended since the 
revision has come into force.  
 
Question 8 : 
Page 107, paragraph  3.184 : Will the cantonal "patent box" system still be available after the 
implementation of the new OECD Base Erosion and Profit Shifting (BEPS) regime?  
 
Switzerland's answer:  
Following the adoption of the OECD Base Erosion and Profit Shifting (BEPS) regime , Switzerland 
plans to introduce a supplementary tax, which will be a new, additional federal tax . It is limited to 
companies that fall within the scope of the new rules i.e. that have a worldwide turnover of at least 
EUR 750 million  and fall below the minimum taxation of 15 %. The current profit tax by the federal 
government and the cantons will continue  to apply unchanged for all companies . Thus, cantonal 
patent boxes will remain available under the new tax regime.  
 
Question 9 : 
Page 112, paragraph 3.202:  
 
• Please clarify what "not requiring registration" for "general protection of [geographical 
indications] GIs under the Trademark Law for all products and services" means?  
• Does it mean that there is no GI registration available for trademarks protected under the 
Trademark Law?  
• Or, does it mean there is GI protection under the Tradema rk Law both for registered marks 
and unregistered marks?  
• For unregistered marks to be protected as GIs, what evidence must be submitted to show 
the mark is a protectable GI?  
• Please provide examples of goods and services that have been protected as GIs by t he 
Swiss Federal Institute of Intellectual Property (FIIP).  
 
Switzerland's answer:  
The Swiss Federal Act on the Protection of Trademarks and Indications of Source covers the two 
kinds of distinctive signs mentioned in its title . Contrary to trademarks, there is no general principle 
of registration for indications of source . However, a sui generis system of registration is available 
for geographical indications, which are a subcategory of indications of source . Therefore, a GI can 
be protected  as a registered IP title, or, if it has not been registered (or protected through an 
international agreement), it will be protected according to the general protection granted to 
indications of source without registration.  
 
The courts are competent for th e enforcement of the protection of unregistered indications of source . 
If a case is brought to a court, Art icle 51a of the Swiss Trade Mark Protection Act provides that the 
user of an indication of source has the burden to prove that it is correct . The ver y limited number of 
cases adjudicated by courts during the last number of years mainly focused on the place of 
processing of processed foodstuffs, such as beer.  
 
There exists no recent cases on indications of source that revolve around a geographical indic ation 
in the sense of the TRIPS definition.  
 
Question 10 : 
Page 112, paragraph 3.203:  
 
• Please explain Switzerland's experience with examining, publishing for opposition, and 
granting protection to non -agricultural GIs.  
• Did any non -European entities successfully receive protection for non -agricultural GIs in 
Switzerland?  
 
Switzerland's answer:  
Since its entry into force in 2017, no application, whether from Switzerland or a third country, has 
been submitted for entry in the register for non -agricultural GIs . Therefore, Switzerland has not yet WT/TPR/M/425/Add.1  
 
- 26 - 
 
gathered practical experience with treating such applications (including examination, publication for 
opposition and registration).  
 
Article 8 of the Ordinance on the Register for Appellations of Origin and Geographical Indications for 
Non-Agricultural Products provides for publication in two steps : 1) after the application has been 
received, the denomination or denominations concerned, the name and address of the group or 
authority responsible for the co untry of origin as well as their representative where applicable, the 
category of the requested registration (appellation of origin or geographical indication) and the date 
of receipt of the application are published ; 2) after the application has been appr oved by the IPI, 
the same information plus the product specification and name and address of the bodies or 
authorities responsible for verifying compliance with the applicable product specification before the 
products are placed on the market are published . The IPI grants approval in accordance with the 
requirements set out by law, taking opinions from experts and other public authorities into account . 
Once an approved application has been published, objections can be submitted during a period of 
three mont hs on any grounds (Art icle 9). In case of an objection, the IPI will make a decision . 
Appeals may be filed against such decisions, and such appeals may be taken as far as the Federal 
Supreme Court . Protection is granted for an unlimited duration once the d enomination is entered in 
the register as a protected appellation of origin or protected geographical indication, if there  has 
been no objection within the specified time limit and any objections and appeals have been  
rejected (Art icle 11). 
 
4 TRADE POLICIES BY SECTOR  
 
Question 11 : 
Page 134, paragraph  4.82 and chart 4.3:  What energy mix do you now forecast for 2025?  
 
Switzerland's answer:  
Several scenarios have been calculated for the evolution of the energy mix . According to one of 
these scenarios we consider the following electricity mix in 2025:  
 
Hydro:    57.7% 
Nuclear:    31.4% 
Thermal power :  3.4% 
Solar PV:    6.1% 
Wood:    0.4% 
Biofuel:    0.5% 
Wind:     0.5% 
Total:    70,136 GWh  
• Will hydro power decrease further due to gains in other renewable energies such as solar?  
Switzerland's answer:  
No. Even if other renewable energies grow, it is assumed that hydroelectricity will also be developed.  
 
• Has the conflict in Ukraine resulted in any efforts to reduce reliance on natural gas more 
quickly?  
 
Switzerland's answer:  
The move away from fossil fuels has been a goal of Swiss energy policy for years, and with the share 
of renewable energies increasing over the years, it has been successful . The Ukraine crisis, on the 
other hand, has shown S witzerland how heavily it is still dependent on fossil fuels . Various initiatives 
are currently pending in parliament that call for an intensification of the efforts to quickly replace 
fossil heating systems.  
 
Question 12 : 
Page 137, paragraph  4.92: Switzerland depends on EU electricity imports in winter . But the EU has 
suggested Swiss access to EU electricity markets may eventually suffer due to the lack of an 
Institutional Framework Agreement . How does Switzerland intend to close the gap between supp ly 
and demand in winter to ensure security of the electricity supply?  
 WT/TPR/M/425/Add.1  
 
- 27 - 
 
Switzerland's answer:  
In order to ensure a good level of security of supply also for the future Switzerland intends to rely 
on several pillars : energy efficiency, ramping up of renewable production, increase of storage 
capacities and strategic reserves for emergency situations.  
 
Question 13 : 
Page 140, paragraph  4.108 : What steps does the Swiss Government take to ensure that Swissgas  
AG imports gas from reliable sources that meet Switzerland's need for security of supply?  
 
Switzerland's answer:  
The energy industry is responsible for security of supply . The Federal Council has no influence on 
the selection of gas suppliers . To secure t he gas supply in the winter of 2021 -2022, the Federal 
Council has set up a task force of the gas industry . The solutions of the task force are intended to 
contribute to the diversification of the countries of origin and supply routes.  
 
Question 14 : 
Page 150, paragraph  4.141 : On 3 December  2021, the Swiss government released a draft of its 
first-ever national security regulations on telecommunications networks . The new regulation does 
not include measures analogous to the EU's "5G Toolbox" to protect tele communications 
infrastructure and consumers from untrusted vendors . How is the Swiss Government ensuring 
effective self -regulation regarding network security?  
 
Switzerland's answer:  
The revision of the Ordinance on Telecommunications Services (OTS ; SR 784. 101.1), which was 
submitted for public consultation on 3 December  2021, comprises three sections on the security of 
the telecommunications infrastructure . It regulates:  
 
• Fault reporting  
• Manipulation of telecommunications installations  
• Security of 5G mobile radio networks and services.  
 
The third point is closely based on the EU's "5G Toolbox" . A second revision stage, which is already 
being prepared, provides for increased hardening of the mobile radio networks against power 
failures . Based on these r evisions and the cooperation of the telecommunications service providers 
with the National Cyber Security Centre (NCSC), which already exists today, effective regulation of 
network security will be ensured.  
 
WTO TPR : Switzerland and Liechtenstein  
 
Part II . Questions based on the Government Report (WT/TPR/G/425)  
 
Question 15 : 
Neither Switzerland nor Lichtenstein provided any information regarding intellectual property 
protections or enforcement under their laws . Please provide a summary of civil and criminal 
enforcement of intellectual property enforcement, including trade secrets, and identify relevant 
statutory authorities . Please also provide information on the number and outcome of civil, 
administrative, and criminal cases in 2020 and 2021, if ava ilable.  
 
Switzerland's answer:  
Criminal enforcement : The intentional infringement of, inter alia, designs, copyright, patents, 
trademarks and geographical indications is a criminal offence under the laws of Switzerland . On 
complaint from the right holder, any person who willfully infringes the intellectual property right of 
another is liable to a custodial sentence not exceeding one year or a monetary penalty . If the 
offender acts for commercial gain, he shall be prosecuted ex officio . The penalty is a cust odial 
sentence not exceeding five years or a monetary penalty of up to CHF 1 million. T he relevant 
authorities are the police and the attorney general for the prosecution, and the competent criminal 
courts for the trial.  
 
Civil enforcement : A right holder whose intellectual property right has been infringed or threatened 
may request the competent civil court:  
 
• To prohibit an imminent infringement;  WT/TPR/M/425/Add.1  
 
- 28 - 
 
• To remedy an existing infringement;  
• To require the defendant to provide information on the origin and extent of unlawfully 
manufactured items in his possession, and to name the recipients and disclose the extent 
of any distribution to commercial customers.  
 
The right holder may also bring action for damages, including handing over of profits . Further 
measu res include action for a declaratory judgment and action for assignment . The right holder may 
also request preliminary measures, including injunctive relief.  
 
Trade secrets are protected by several laws in Switzerland, including the Unfair Competition Act and 
the Swiss Criminal Code . Civil remedies include damages and handing over of profits . Any person 
who betrays a manufacturing or trade secret that he is under a statutory or contractual duty not to 
reveal, is liable, on complaint, to a custodial sentence  not exceeding three years, or to a monetary 
penalty.  
 
There are no official and comprehensive statistics on cases concerning intellectual property or trade 
secrets available.  
 
Please see also the comprehensive information provided by Switzerland on its in tellectual property 
protection and enforcement laws in its responses to the Checklist of Issues on Enforcement, as 
revised on 4 March  2022, and contained in document IP/N/6/CHE/3.  
 
1 REPORT BY SWITZERLAND  
 
Question 16 : 
Page 9, paragraph  1.32: Switzerland "seeks opportunities to strengthen international cooperation in 
the area of critical goods from a supply perspective ". How is Switzerland planning to strengthen the 
supply of semiconductors?  
Switzerland's answer:  
Switzerland's policy regarding s upply chain resilience focuses on essential goods and services as 
defined in the Federal Act on National Economic Supply of 1 7 June 2016. These do not include goods 
viewed as strategically important in terms of industrial policy but rather relate to basic subsistence 
needs of its population (energy, medical goods, food) . Semiconductors are not considered a crucial 
for subsistence and are hence not listed in Article 4 of that Act . The general policy to increase 
Switzerland's supply chain resilience lay s emphasis on creating well -suited framework conditions 
that allow economic actors to diversify – both geographically and in terms of suppliers and  
customers – as mentioned in its foreign economic policy strategy (2021, p.6).  
 
Question 17 : 
Page 9, paragra ph 1.32: "Switzerland is committed to the creation of international rules for digital 
trade and the free flow of data ." How is Switzerland dealing with regulatory differences between key 
trading partners such as the EU, the United States and China?  
 
Switzerland's answer:  
As laid out in the revised Foreign Economic Strategy adopted in November  2021, Switzerland is 
concerned by the increasing regulatory fragmentation of the global digital economy and its 
implications for the development of cross -border digital trade . In order to bridge potential regulatory 
differences, Switzerland is engaged in numerous efforts to establish, wherever possible, common 
standards and rules for digital trade . Switzerland a strong supporter of the WTO Joint Statement 
Initiati ve on Electronic Commerce, which has the potential to establish such common rules.  
In a similar vein, Switzerland aims at strengthening e -commerce rules in its FTAs . Switzerland would 
like to see comprehensive rules on digital trade become an integral part  of economic partnership 
agreements, with existing agreements being modernized  accordingly . It is also engaged in other 
fora, such as the OECD to build a common understanding of digital issues and ensure a holistic 
approach to establishing common standards . 
The Swiss Federal Act on Data Protection was revised and its amended version is scheduled to enter 
into force on 1  September  2023. Building on the existing legal framework, it will offer various 
mechanisms to transfer personal data across jurisdictions, such as Adequacy Decisions, Standard 
Contractual Clauses or Intra -Corporate Rules.  
 WT/TPR/M/425/Add.1  
 
- 29 - 
 
Question 18 : 
Page 11, paragraph  1.42: Switzerland's debt brake mechanism has resulted in structural surpluses 
in the government budget . Lower government spending in turn depresses imports and helps 
maintain a very high trade surplus . In the interest of reducing structural external imbalances, does 
Switzerland intend to adjust the way its debt brake mechanism is applied so that budgets are 
balanced over the long run, r ather than producing structural surpluses?  
 
Switzerland's answer:  
The constitutional article on the debt brake was accepted in the referendum of 2 December  2001. 
The debt brake is designed to avert (chronic) structural imbalances and a deficit bias in federal 
government finances and is intended to stabilize  nominal debt in the long term . The debt brake 
addresses two classical objectives of fiscal policy : ensuring su stainable public finances and evening 
out economic cycle and growth fluctuations . The debt brake is laid down in Article 126 of the Federal 
Constitution, whereas the details are set out in Articles 13 to 18 of the Financial Budget  
Act (SR  611.0).  
Experience to date of fiscal policy management with the debt brake shows that the desired objectives 
have been achieved . During mostly favourable economic conditions, debt has been reduced in 
nominal terms thanks to structural surpluses from 2005 to 2019 . Moreover, the debt brake 
demonstrated that it provides the necessary flexibility for the Confederation to react appropriately 
and quickly to crises as seen during the Covid -19 pandemic.  
The structural surpluses have not been budgeted but  resulted from high er than budgeted revenue 
or lower spending . On the revenue side, mainly the withholding tax contributed to unexpected 
surpluses in the past, but this budget component has arguably a limited effect on economic activity . 
Since 2012, an improved method is use d for the budget estimates for the withholding tax and 
estimation errors have been markedly reduced and will cancel out over time . Measures have also 
been taken to limit spending underruns from 2023 onwards . Parliament has amended the Financial 
Budget Act in March  2021 to simplify procedures for supplementary budgets and to reduce incentives 
for safety margins . In addition, provisions will be included in the debt brake ; this will further reduce 
underruns.  
We do not consider that the introduction of the debt  brake in 2003 and the structural surpluses 
generated over the last years have had a significant impact on imports . This is largely due to the 
fact that Switzerland is a small and very open economy . Fiscal multipliers are very low for this 
reason . In addit ion, a contractionary fiscal stance was due, to a substantial extent, to revenue items 
which have an even lower fiscal multiplier in the first place, i.e. the withholding tax . This said, the 
overall policy stance of Swiss economic policy was mainly accommo dative during the past  
years. (See also section 1.3.4 Fiscal Policy of the government report in WT/TPR/G/425)  
 
2 REPORT BY LIECHTENSTEIN  
 
Question 19 : 
Page 19, para graph  2.2: Liechtenstein is in a customs union with Switzerland, yet Liechtenstein is 
also a member of the European Economic Area, while Switzerland is not.  
 
• Does this result in any conflicts between the two systems with regard to trade and 
economic policy?  
• How are these conflicts managed?   WT/TPR/M/425/Add.1  
 
- 30 - 
 
Follow -up question  
Part I.  Questions based on the Secretariat Report (WT/TPR/S/425)  
 
Question 7:  
Page 105, paragraph 3.177:  The Secretariat Report states that "[Switzerland 's] Federal Law on 
Copyright and Related Rights was partially revised to adapt it to the latest technological  
developments and to make the fight against online piracy more effective ". 
 
• Have there been any reported cases applying the new law on copyright and related rights? 
If so, please summarize those cases and their outcomes.  
• Please provide statistics on use of the revised law or examples of how the revised Federal 
Law has had an impact on fighting online piracy.  
 
Switzerland 's answer:  
Recent feedback from the State prosecution offices and the rights holders indicates that there are 
hardly an y enforcement actions in courts. Thus, the new measures seem to have the desired 
deterring effect on online copyright infringement. This finding is supported by the fact that the 
criticism of the rights holders regarding the enforcement possibilities has l argely ended since the 
revision has come into force.  
 
U.S. Follow -up to Question 7:  
Question 7 of the U.S. government 's advanced written questions requested Switzerland to identify 
any cases that apply the new law on copyright and related rights. In response, Switzerland state 
that "feedback from the State prosecution and the rights holders indicates that there are hardly  any 
enforcement actions in court ". 
 
• Can Switzerland clarify what "hardly any " enforcement actions refers to and whether that 
means no enforcement actions have taken place in court, thus far, that apply the revised 
copyright law?  
 
Switzerland 's answer:  
Recent feedback by rights holders in this context indicates that they have not taken any action to 
enforce the new stay -down obligation in court. Accordingly, feedback from the state prosecution 
offices referred to in Switzerland 's initial response  indicates that the new stay -down obligation has 
not yet led to enforcement actions by right holders. With respect to the new piracy tracking 
regulation, feedback from the state prosecution offices reports three cases in which IP addresses 
have been proces sed for the criminal prosecution of copyright infringement.  
 
• Please provide any statistics or studies related to copyright protection, including, for 
example, administrative statistics such as reports of unjustified technological protection 
measures, resul ts of studies or consultations with SUISA or other collective management 
entities, any data of orphan works being used or ownership claimed under the new regime, 
and any ECL "opt outs " granted.  
 
Switzerland 's answer:  
Reports of misuse of technological measures are assessed by the Monitoring Office for Technological 
Measures (OTM); its investigations and reports are available (in German, French and Italian) at 
https://www.ige.ch/en/protecting -your-ip/copyright/monitoring -office -otm/investigations -and-
reports . Information on granted ECL is available on the website of the collective management 
organization Prolitteris at https://prolitteris.ch/nutzer -tarife/erweiterte -kollektivlizenzen/ . Contrary 
to other regulations on orphan works, Swiss legislation does not require an orphan works register. 
Hence, further information is not available and Switzerland is not in a position to provide any data 
from private industry actors.  
• The response st ates that the "criticism of the rights holders regarding the enforcement 
possibilities has largely ended " since the revision has come into force. How is Switzerland 
tracking whether criticism is still taking place: is Switzerland engaging with stakeholders , 
taking surveys, or otherwise proactively engaging to ensure that there are no concerns? WT/TPR/M/425/Add.1  
 
- 31 - 
 
How can Switzerland ensure that the absence of criticism is not just a sign that 
stakeholders have determined that lodging criticisms is futile?  
 
Switzerland 's answer : 
Switzerland is indeed proactively engaged in a continuous stakeholder dialogue, and draws its 
conclusions primarily from that dialogue. A recent report by the Federal Council on the effectiveness 
of the amendments to the Copyright Act shows that the goal s set for the revision are generally being 
achieved. Rights holders ' feedback in that context states their reluctance to be the first plaintiff to 
undertake judicial action that may constitute a pilot trial, with possibly significant legal costs. Having 
said this, the revised legislation provides for the adequate legal means for right holders to take 
action.  
 
• Are there any statistics concerning copyright cases available, even if not "official and 
comprehensive "? 
 
Switzerland 's answer:  
Statistics on criminal enforcement of Copyright Law are available from the Federal Statistical 
Office:  https://www.bfs.admin.ch/bfs/en/home/ statistics/crime -criminal -justice/criminal -
justice.assetdetail.22665268.html . 
The IPI  is regularly informed of court judgments on intellectual property and it makes this 
information available here: Statistics decisions 2020  (in German : 
https://www.ige.ch/fileadmin/user_upload/dienstleistungen/Statistiken/d/Statistik_Entscheide_20
20.xlsx ). These statistics are not exhaustive: they only cover the decisions that the IPI has been 
informed of.  
 
• To the extent that no statistics o r data exists, is the Swiss government using proxies to 
measure success of the implementation of the law? What would these be – e.g. private 
industry sources, records from cultural institutions? To the extent such data is not 
currently being collected, wha t plans are there to develop more formal metrics or 
engagement in the future?  
 
Switzerland 's answer:  
Beside the report by the Federal Council on the effectiveness of the amendments to the Copyright 
Act mentioned above, no data are available concerning the implementation of the Copyright Act and 
there are no plans in that regard.  
 
• What statistics do you have from Internet service providers (ISPs) or other private 
industry actors regarding the efficacy of the new online enforcement regime?  
 
Switzerland 's answer:  
The effectiveness of the amendments to the Copyright Act, including the new measures against 
online piracy, is assessed in the report by the Federal Council mentioned above. Switzerland is not 
in a position to provide any data from IS Ps or other private industry actors.   WT/TPR/M/425/Add.1  
 
- 32 - 
 
8  NORWAY  
Question 1 : 
With reference to the report from secretariat on Switzerland, para graph  4.287 on page 178, Norway 
would appreciate additional information on the plans for a maritime strategy, including possible 
measures - such as tonnage tax - to strengthen the competitiveness, employment and value creation 
of the Swiss maritime transport se ctor. 
 
Switzerland's answer:  
The Federal Council commissioned by the end of 2022 from the administration a comprehensive 
maritime strategy . The strategy is intended to provide an overview of Switzerland's interests in the 
maritime sector and to set out ben chmarks, goals and measures . Draft legislation on international 
shipping under the Swiss flag is to be drawn up in order to enhance the long -term effectiveness of 
Swiss legislation in this area and make Swiss shipping more competitive and sustainable.  
 
Ref.  
https://www.admin.ch/gov/en/start/documentation/media -releases/media -releases -federal -council
.msg-id-87209.html . 
 
The Federal Council also submitted a draft amendment to the tax legislation to parliament in 
May 2022, which provides for the taxation of seagoing vessels according to their tonnage.  
 
Ref.  
https://www.estv.admin.ch/estv/fr/accueil/afc/medien -news/nsb -news_list.msg -id-88638.html . 
  WT/TPR/M/425/Add.1  
 
- 33 - 
 
9  CHILE  
WT/TPR/S/425 – Informe de Secretaría  OMC 
 
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2 Regional trade agreements (RTAs)  
 
Paragraph 2.16, p. 42  
 
"As at January  2022, Switzerland had RTAs in force with 73 economies, comprising its customs union 
with Liechtenstein ; its bilateral accords with the European Union ; its participation in EFTA with 
Liechtenstein, Iceland, and Norway ; EFTA's RTAs with 39 economies ; and Switzerland's bilateral 
RTAs with the Faroe Islands, Japan, China, and the United Kingdom (Table A2.1) . Liechtenstein's 
network of RTAs is the largely the sam e, as it is a member of EFTA . However, its relationship with 
the European Union is governed by its participation in the EEA ; its relationship with the United 
Kingdom in areas other than goods is governed by the EFTA -EEA members' RTA with the United 
Kingdom , and Liechtenstein applies only the goods aspects of Switzerland's bilateral agreements . 
Almost all RTAs that have been notified to the WTO have been considered by the Committee on 
Regional Trade Agreements (CRTA) (Table A2.1)."  
 
Pages 193 -194 
 
Table A2.1  Switzerland and Liechtenstein's RTAs in force, January  2022 
RTA name  Coverage 
goods 
and 
services  Other selected issues  Date of 
signature 
(entry into 
force)  WTO 
consideratio
n processa 
(WTO doc. 
series)  
EEA agreements      
EEA Goods, 
services   02.05.1992 
01.07.1994 FA issued  
(WT/REG138)  
EEA-EFTA States -United Kingdom  Goods, 
services  Investment liberalization, 
environment, labour, 
SMEs, e -commerce  08.07.2021 
01.12.2021 Awaiting data 
from parties  
(WT/REG459)  
EFTA agreements      
EFTA Goods, 
services   04.01.1960 
and 
21.06.2001 
(03.05.1960 
and 
01.06.2002)  Report 
adopted  
(WT/REG154)  
EFTA-Türkiye  (as revised in 2021)  Goods  
(and 
services)  (labour, environment)  10.12.1991 
(01.04.1992)  
25.06.2018 
(01.10.2021)  Report 
adopted  
(WT/REG86)  
EFTA-Israel  Goods   17.09.1992 
(01.01.1993)  FA issued  
(WT/REG14)  
EFTA-Palestine  Goods   30.11.1998 
(01.07.1999)  No factual 
presentation  
(WT/REG79)  
EFTA-Morocco  Goods  SMEs  19.06.1997 
(01.12.1999)  FA issued  
(WT/REG91)  
EFTA-Mexico  Goods, 
services  SMEs  27.11.2000 
(01.07.2001)  FA issued  
(WT/REG126)  
EFTA-North  Macedonia  Goods   19.06.2000 
(01.05.2002)  FA issued  
(WT/REG117)  
EFTA-Jordan  Goods  Investment liberalization  21.06.2001 
(01.09.2002)  FA issued  
(WT/REG133)  
EFTA-Singapore  Goods, 
services  Investment liberalization  26.06.2002 
(01.01.2003)  FA issued  
(WT/REG148)  
EFTA-Chile Goods, 
services  Investment liberalization, 
SMEs  26.06.2003 
(01.12.2004)  FP issued  
(WT/REG179)  
EFTA-Tunisia  Goods  Environment  17.12.2004 
(01.06.2005)  FP issued  
(WT/REG201)  WT/TPR/M/425/Add.1  
 
- 34 - 
 
RTA name  Coverage 
goods 
and 
services  Other selected issues  Date of 
signature 
(entry into 
force)  WTO 
consideratio
n processa 
(WTO doc. 
series)  
EFTA-Republic of Korea  Goods, 
services  Investment liberalization, 
environment  15.12.2005 
(01.09.2006)  FP issued  
(WT/REG217)  
EFTA-Lebanon  Goods  SMEs  24.06.2004 
(01.01.2007)  
 Awaiting data 
from parties  
(WT/REG224)  
EFTA-Egypt  Goods  Environment, SMEs  27.01.2007 
(01.08.2007)  FP issued  
(WT/REG232)  
EFTA-SACUb Goods  Environment, SMEs  26.06.2006 
(01.05.2008)  FP issued  
(WT/REG256)  
EFTA-Canada  Goods  SMEs  26.01.2008 
(01.07.2009)  FP issued  
(WT/REG271)  
EFTA-Serbia  Goods  Environment, Labour, 
SMEs  17.12.2009 
(01.10.2010)  FP issued  
(WT/REG290)  
EFTA-Albania  Goods  Environment, SMEs  17.12.2009 
(01.11.2010)  FP issued  
(WT/REG292)  
EFTA-Colombia  Goods,  
services  Investment liberalization, 
e-commerce, SMEs  25.11.2008 
(01.07.2011)  FP issued  
(WT/REG299)  
EFTA – Gulf Cooperation Councilc Goods, 
services   22.06.2009 
(01.07.2014)  Not notified   
EFTA-Peru Goods  Investment liberalization, 
environment, 
e-commerce, SMEs  24.06.2010 
(01.07.2011)  FP issued  
(WT/REG295)  
EFTA-Ukraine  Goods, 
services  Investment liberalization, 
environment, SMEs  24.06.2010 
(01.06.2012)  FP issued  
(WT/REG315)  
EFTA-Montenegro  Goods  Environment, labour  14.11.2011 
(01.09.2012)  FP issued  
(WT/REG323)  
EFTA-Hong Kong, China  Goods, 
services  Investment liberalization, 
environment, labour  21.06.2011 
(01.10.2012)  FP issued  
(WT/REG322)  
EFTA-Central America (Costa Rica 
and Panama)  Goods, 
services  Investment liberalization, 
environment, labour, 
e-commerce, SMEs  24.06.2013 
(19.08.2014)  FP issued  
(WT/REG357)  
EFTA Bosnia and Herzegovina  Goods  Environment, labour  24.06.2013 
(01.01.2015)  FP issued  
(WT/REG360)  
EFTA-Georgia  Goods, 
services  Investment liberalization, 
environment, labour, 
SMEs  27.06.2016 
(01.09.2017)  FP issued  
(WT/REG386)  
EFTA-Philippines  Goods, 
services  Environment, labour  28.04.2016 
(01.06.2018)  FP issued  
(WT/REG394)  
EFTA-Ecuador  Goods,  
services  Investment liberalization, 
environment, labour  25.06.2018 
(01.11.2020)  Not notified   
EFTA-Indonesia  Goods,  
services  Investment liberalization, 
environment, labour  16.12.2018 
(01.11.2021)  Not notified  
Bilateral agreements      
Switzerland -EU   22.07.1972 
(01.01.1973)  WPR issued  
(WT/REG94)  
Faroe Islands -Switzerland  Goods   12.01.1994 
(01.03.1995)  FA issued  
(WT/REG24)  
Japan -Switzerland  Goods, 
services  Investment liberalization, 
environment, labour, 
e-commerce  19.02.2009 
(01.09.2009)  
 FP issued  
(WT/REG273)  
China -Switzerland  Goods, 
services  Environment, labour, 
SMEs  06.07.2013 
(01.07.2014)  FP issued  
(WT/REG351)  
UK-Switzerland -Liechtenstein  Goods   11.02.2019 
(01.01.2021)  FP being 
drafted  
(WT/REG437)  
a FP (Factual Presentation), FA (Factual Abstract), WPR (Working Party Report).  
b SACU  comprises Botswana, Eswatini, Lesotho, Namibia, and South  Africa.  
c The GCC comprises the United Arab Emirates, the Kingdom of Bahrain, the Kingdom of Saudi Arabia, 
Oman, and the State of Kuwait.  
Source:  WTO RTA database . Viewed at:  https://rtais.wto.org ; and EFTA, Free Trade Agreements and Trade 
Relations by Partners . Viewed at: https://www.efta.int/free -trade/free -trade -agreements . WT/TPR/M/425/Add.1  
 
- 35 - 
 
Question 1 : 
Paragraph 2.16 address  Switzerland and Liechtenstein participation in regional and bilateral FTAs 
and preferential trade agreements . In addition, Table A2.1 indicates Switzerland and Liechtenstein´s 
RTAs in force . Regarding the Agreements of th ese sections, Chile would appreciate if Switzerland 
and Liechtenstein could share information of the process through which they are incorporated to its 
national legislation.  
 
In addition, Chile would appreciate if Switzerland and Liechtenstein could share information 
regarding the process of incorporation of the decisions made by the Administrative Bodies of these 
Agreements, to Switzerland and Liechtenstein national legislation.  
 
Switzerland's answer:  
Once approved by Switzerland, an international legal no rm becomes an integral part of Swiss law 
and must be applied by and complied with by all state organs . In contrast to what would happen in 
a dualist system, there is no need to pass additional legislation, for example a specific act of 
parliament, for an international legal instrument to become part of Swiss law . An international legal 
provision which is binding upon Switzerland is automatically valid under national law.  
It is the competence of the Federal Assembly to approve treaties (i .e. bilateral FTAs) with the 
exception of those that are concluded by the Federal Council under a statutory provision or a treaty 
or which are of limited scope . The Federal Council requests this approval from the Federal Assembly . 
The treaty can only be ap proved or rejected as a whole . At most, the Federal Assembly may make 
its approval dependent upon the formulation of a reservation provided this does not conflict with the 
treaty . Approval is provided by means of the adoption of a federal decree.  
As FTAs c ontain important legislative provisions, they are subject to an optional referendum on 
treaties . If 50,000 citizens eligible to vote or any eight cantons request it within 100 days of the 
official publication of the enactment, the FTA shall be submitted to  a vote of the Swiss people . The 
Federal Council is only authorized to ratify the treaty if the treaty is accepted in the ballot . A treaty 
rejected in a referendum cannot be ratified and does not therefore enter into force for Switzerland . 
A popular ballot  is organised without a request from citizens and cantons for treaties for which the 
Constitution foresees a mandatory referendum (i.e. treaties that provide for an accession to 
organisations for collective security or to supranational communities), howeve r this does not apply 
for FTAs.  
In all its FTAs, Switzerland has created a Joint Committee, which serves as the Administrative Body 
of these Agreements . Any decision by the Joint Committee that provides for an amendment of the 
FTA needs to go through the s ame procedure of approval as described above . If the amendments 
concern more technical matters, (e.g. technical amendments of the rules of origin), they are more 
likely to be considered as being of limited scope and can be approved by the Federal Council.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.5 Anti -dumping, countervailing, and safeguard measures  
 
Page  72, paragraphs 3.51 and 3.52  
 
"Switzerland reserved the right to use the special agricultural safeguard under Article 5 of the 
Agreement on Agriculture for 1,176 tariff lines but has not invoked it for any product since 1999.  
As noted in previous Reviews, in cases of emergency or when the national interest is at stake, the 
legislation provides for changes in tariff rates or the imposition of non -tariff measures . These 
provisions have not been used during the review period. " 
 
Question 2 : 
Regarding paragraphs 3.51 and 3.52, Chile would appreciate if Switzerland could share how would 
it assess the need to changes in tariff rates or the imposition of non -tariff measures, based on cases 
of emergency or when the national interest is at stake, as indicated in paragraph 3.52.  
 
Switzerland's answer:  
As indicated in F N 42 of the Secretariat Report, the Swiss legislation allows for changes in tariff rates 
or the imposition of non -tariff measures, if the requirements of the relevant provisions are fulfilled . 
The Federal Council is competent for these measures, which are of a temporary nature . Measures 
provided for under Article 7 of the Federal Law of October  1986 on Customs Tariffs and Article 1 of 
the Federal Law on External Economic Measures aim to protect Switzerland's essential economic WT/TPR/M/425/Add.1  
 
- 36 - 
 
interests in case measures taken abroad or extraordinary condition s prevailing there affect 
Switzerland's foreign trade.  
Article 11 of the Federal Law of October  1986 on Customs Tariffs provides for a safeguard clause for 
agricultural products . Such measures must be within the limits of the safeguard clauses contained 
in international agreements . In urgent cases, the decision may be taken at the level of the Federal 
Department of Economic Affairs, Research and Education.  
Beyond these provisions, the Swiss legislation does not provide for any further specific formal or 
substantive requirements . Decisions on such measures would be taken on a case -by-case basis and 
taking into account the macroeconomic interests . Under current WTO law, Switzerland has so far 
ordered urgent safeguard measures only once, in 1999, concerning por k meat.  
 
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Pages 87-88, paragraphs 3.106 – 3.109  
 
Switzerland has concluded an MRA  with the European Union and the EEA/EFTA States (which include 
Liechtenstein) . Both Switzerland and the EEA/EFTA States have concluded MRAs with Canada and 
with Türkiye . Under an MRA, the importing country will recognize the conformity assessment carried 
out in the exporting country, thus concerned products will benefit from facilitated placing of goods 
on the market . The MRA reduces technical barriers to trade by helping companies avoid duplicate 
conformity assessments . The MRA concluded with the European  Union and the EEA/EFTA States  
in 2002 is based on harmonized technical regulations in 20 sectors, which represented around two 
thirds of the total bilateral trade with the European Union in 2020 . The Parties maintain a list of all 
conformity assessment b odies notified and recognized under the Agreement.  
While the Switzerland -EU/EEA MRA was updated in 2017 to maintain the mutual market access  
in 11 of its 20 sectors, the inability to reach agreement on the Swiss -EU institutional framework 
agreement in May 2021 (Section 2.3.2.4) questions the future of the MRA . The Federal Council 
announced that it intends to continue updating the MRA, as it is in both parties' interests to sustain 
the Agreement . Swiss and EU technical regulations for medical devices are fully harmonized . 
Nevertheless, new EU standards for medical devices were introduced in May 2021, and the European 
Union declined the update of the chapter on medical devices in the MRA to reflect those changes 
and agree on the trade -facilitating effects . As a result, the MRA no longer covers medical devices in 
accordance with the Medical Devices Regulation (MDR) of the European Union . Medical devices from 
the European Union and from Switzerland must now comply with regulations applicable to third 
countries  to enter both markets.  
An MRA was developed between Switzerland and the United Kingdom to continue to facilitate trade 
in goods, where possible, following the United Kingdom's departure from the European Union . It 
covers 3 of the 20 sectors included in th e Switzerland -EU/EEA MRA and replicates the same rights 
and obligations on motor vehicles, good laboratory practices, and good manufacturing practice 
inspection for medicinal products and batch certification . These product areas were chosen as the 
standard s underlying their technical regulations were developed by international organizations to 
which both Switzerland and the United Kingdom are members . 
Liechtenstein, along with Iceland and Norway, has also concluded an MRA with New Zealand, which 
entered int o force in 2000, with Australia (2000, an updated version of 2018 has yet to enter into 
force), and with the United States (2006).  
 
Question 3 : 
Paragraphs 3.106 to 3.109 address Switzerland and Liechtenstein´s mutual recognition  
agreements (MRAs) celebrat ed with several WTO Members and States . In this regard, Chile would 
appreciate if Switzerland and Liechtenstein could share more information regarding these MRAs, 
particularly those related with medical devices and medicinal products . In addition, Chile would 
appreciate further explanation whether those MRAs are binding commitments subject to WTO 
dispute settlement mechanism, or if they are applied on a voluntary basis.  
 
Switzerland's answer:  
Further information concerning the MRA conclu ded by Switzerland (including the text, the coverage 
and the functioning of these agreements) are available at: 
https://www.seco.admin.ch/seco/fr/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarb
eit/Wirtschaftsbeziehungen/Technische_Handelshemmnisse/Mutual_Recognition_Agreement_MRA0
.html  (in French).  WT/TPR/M/425/Add.1  
 
- 37 - 
 
Although based on Article 6.3 of the WTO TBT Agreement, which encourages members to enter into 
negotiations for the conclusion of agreements for the mutual recognition of results of each other's  
conformity assessment, the MRAs concluded by Switzerland are b inding agreements for the 
contracting parties . As such they are subject to the dispute settlement mechanisms provided for in 
these agreements.  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.1 Telecommunications services  
4.4.1.1 Switzerland  
 
Pages 150 -151, paragraph 4.141  
 
The main regulatory changes stem from the revision of the Telecommunications Law that was 
adopted by the Federal Assembly on 2 2 March  2019 and entered into force on 1 January  2021, 
together with its accompanying ordinances . The main amendme nts to the telecom regime brought 
about by this revision are the following:  
 
(…) 
• To improve traceability in the event of abuses, the provision of value -added services with 
Swiss numbers is now conditioned by the localization of the headquarters in Switzerl and. 
(…) 
 
Question 4 : 
According to paragraph 4.141, one of the main amendments to the telecom regime brought about 
by the revision of the Telecommunications Law – adopted by the Federal Assembly  
on 22 March  2019 and entered into force on January  2021 - is "to improve traceabil ity in the event 
of abuses, the provision of value -added services with Swiss numbers is now conditioned by the 
localization of the headquarters in Switzerland" . In this regard, Chile would be grateful if Switzerland 
can indicate how this provision is compa tible with modern no forced localization of computer facilities 
disciplines in trade agreements.  
 
Switzerland's answer:  
In the past, there has been a lot of abuse in the area of value -added  services . This was entirely to 
the detriment of consumers . At the same time, confidence in the telecommunications industry as 
such in Switzerland also suffered as a result.  
In this respect, it became necessary to take measures to restore the smooth functioning of the 
industry and consumer confidence . The suppliers found economically viable solutions to continue 
operating profitably in the Swiss market . The measure does not force any provider to locate any 
technical installations in Switzerland.  
 
4.4.2 Financial services  
4.4.2.1 Switzerland  
4.4.2.1.1 Overview of the economic evolution and of the market structure of the financial 
services sector  
 
Page 156, p aragraph 4.171  
 
Switzerland has a sophisticated and mature financial services sector with a developed and somewhat 
concentrated internal market . The sector serves a population with high savings and that is very well 
insured, as well as international clients and markets attracted by Switzerland's political stability and 
the vast array of services proposed by this global financial hub . The share of financial se rvices in 
GVA and employment declined slightly during the review period (Table 4.22), which is mainly 
explained by developments in banking services and securities and stock exchange services . More 
generally, there has been long -term decline in the share of financial services in GDP since  
the 2008 financial crisis . According to the Federal Council, this can be explained "by the changing 
conditions in the international tax framework and the global wealth management business, the 
contraction of big banks' investment banking business and increased pressure on margins caused 
by the low interest rate environment".  WT/TPR/M/425/Add.1  
 
- 38 - 
 
Question 5 : 
Paragraph 4.171. indicates that there has been long -term decline in the share of financial services 
in GDP sinc e the 2008 financial crisis . In this context, Chile would appreciate if Switzerland could 
share how the new strategy for the financial services sector, issued by the Federal Council, seeks to 
counter this decline . In addition, Chile would appreciate if Swi tzerland could indicate which are the 
specific targets and timeframes, in that regard.  
 
Switzerland's answer:  
The strategy for the financial services sector is also available in English: 
https://www.sif.admin.ch/sif/en/home/finanzmarktpolitik/strategy.html . It is worth noting that the 
declining  trend is observable in relative terms only but not in absolute terms . The strategy identifies 
the fintech sector and sustainable finance as opportunities for future growth . The strategy does not 
specify quantitative targets or timeframes.  
 
WT/TPR/G/425 – Informe del Gobierno de Suiza y Liechtenstein2 
1.2 Entorno económico  
1.2.1 Competitividad y entorno exterior  
 
Página.4, p árrafo 1.10  
 
"Al ser una economía de tamaño medio que apenas posee recursos naturales, Suiza depende en 
gran medida del comercio exterior, ya sea en forma de importaciones de materias primas y bienes 
intermedios o de una economía de exportación dinámica . En este contexto, la economía suiza ha 
logrado muy buenos resultados en la transformación de productos y la generación de  una parte 
considerable de valor añadido nacional en los productos de exportación . Alrededor del 75 % de las 
exportaciones suizas de mercancías y servicios corresponden a creación de valor nacional .  
El 25% restante es imputable a los insumos importados . Conocida por la exportación de mercancías 
de muy alta calidad y productos de nichos de mercado especializados, Suiza está sólidamente 
integrada en las cadenas de valor mundiales . En cuanto al valor añadido, se estima que, en  
los 15 últimos años, la parte de l PIB correspondiente a las exportaciones de mercancías se situó en 
promedio en torno al 40 %. Esa fuerte orientación al exterior de su economía es uno de los pilares 
del crecimiento suizo desde hace muchos años".  
 
Question 6 : 
En la sección 1.2.1 del informe de Gobierno, en particular su párrafo 1.10, se establece que : "Suiza 
depende en gran medida del comercio exterior, ya sea en forma de importaciones de materias primas 
y bienes intermedios o de una economía de exportación dinámica . En este contexto,  la economía 
suiza ha logrado muy buenos resultados en la transformación de productos y la generación de una 
parte considerable de valor añadido nacional en los productos de exportación (…) Suiza está 
sólidamente integrada en las cadenas de valor mundiales …". Al respecto, Chile agradecería a Suiza 
compartir información sobre la existencia de políticas públicas o programas de gobierno que hayan 
facilitado o promocionado la agregación de valor en sus exportaciones.  
 
Switzerland's answer:  
Switzerland Global Enterprise (S -GE) is responsible for supporting export -orientated SMEs in 
Switzerland and Liechtenstein in exporting their products and services . The organization does not 
prioritize the promotion of specific sectors or products, but offers its serv ices to all interested 
export -oriented SMEs from Switzerland and Liechtenstein . With regard to the Swiss Export Risk 
Insurance (SERV), exporters must demonstrate a certain minimum Swiss value added in order for 
coverage to be granted.  
1.2.2 Evolución de la situación económica  
 
Página 7, p árrafo 1.20  
 
"La fuerte recuperación de la economía mundial, que infló la demanda de productos industriales, 
acompañada de la limitación de la capacidad productiva en ciertos países durante la pandemia, causó  
importantes estrangulamientos en las cadenas de valor mundiales . A partir del segundo semestre 
de 2021, una gran parte de las empresas industriales de Suiza indicaron que su producción se veía 
limitada por la falta de materias primas y bienes intermedios . La fabricación de productos metálicos, 
 
2 Preguntas basadas en la versión en español del informe.  WT/TPR/M/425/Add.1  
 
- 39 - 
 
el sector de la maquinaria y la producción de productos electrónicos están especialmente afectados 
por estas dificultades . Aunque los problemas de suministro empiecen a remitir paulatinamente, 
todavía podrían perdurar durante varios trimestres".  
 
Question 7 : 
El párrafo 1.20 hace ref erencia a los importantes estrangulamientos o cuellos de  
botella ( bottlenecks ) en las cadenas globales de valor y la falta de materias primas/insumo para la 
producción industrial . En este contexto, Chile agradecería a Suiza indicar si existe por parte del  
gobierno suizo un plan o política pública que busque reducir los impactos negativos de los 
mencionados cuellos de botella . Asimismo, Chile agradecería si Suiza pudiera informar si ha 
evidenciado algún proceso de relocalización de parte de sus empresas pro ducto de las disrupciones 
en las cadenas de suministro.  
 
Switzerland's answer:  
The newly released foreign economic policy strategy (2021, p.6) acknowledges supply chain 
resilience as one of its nine central areas of action . The focus is on Switzerland creating well -suited 
framework conditions that allow economic actors to diversify, both geographically and in terms of 
suppliers and customers . Switzerland seeks opportunities for enhanced international cooperation in 
the supply of critical goo ds. It generally refrains from government -controlled repatriation of 
production processes . Integration in global markets reinforces interdependencies in the global 
financial and economic system . To contribute to the stability of this system, Switzerland pr omotes 
the resilience of developing countries and emerging markets.  
Academic and private market surveys have shown that Swiss companies have viewed supply chain 
disruptions as their main worry since the Covid -19 pandemic . While some have indicated relocati ng 
parts of its supply chain, the main response seems to have been an increase of stockkeeping.  
  WT/TPR/M/425/Add.1  
 
- 40 - 
 
10  ISRAEL  
Secretariat Report . Summary paragraph 12  
 
Question 1 : 
Can Switzerland please elaborate on the rationale behind the recently announced elimination of 
duties on industrial goods by 1 January  2024. We would appreciate more information on the 
expected objectives and how this measure will assist in achieving them.  
 
Switzerland's answer:  
The abolition of applied tariffs on industrial products is a measure aimed at facilitating trade and 
boosting Switzerland's attractiveness as a business location in the medium  - and long  - term.  
 
The removal of tariffs will benefit Swiss consumers and businesses by reducing the price of many 
consumer goods, production costs and the administrative burden on importing businesses . Trade 
relations will become more efficient, and competition will be strengthened.  
 
Question 2 : 
Can Switzerland provide information on whether there are any intentions to reduce tariff duties on 
fresh and/or processed agricultural products to reduce the cost of food products in the domestic 
market?  
 
Switzerland's answer:  
Switzerland does not foresee a ge neral reduction of tariff duties on fresh or processed agricultural 
products in a manner analogous to the foreseen  elimination of duties on industrial goods  
by 1 January  2024. 
 
Secretariat Report . Paragraph 3.110  
 
Question 3 : 
Israel would like to know if the Swiss government has done (or is aware of) any study to analyze 
whether there has been a positive impact on domestic prices due to the Cassis de Dijon principle 
and whether imports from EU countries have increased as a resu lt. 
 
Switzerland's answer:  
The most important benefit of the Cassis de Dijon principle is that it prevents and dismantles 
unnecessary deviations from the technical regulations of our most important trading partner . It also 
promotes harmonization  with the technical regulations of our most important trading partner . No 
current studies of this principle are available.  
 
Secretariat Report . Paragraph 3.34  
 
Question 4 : 
Can Switzerland please explain why its regime of guarantee fund contributions in some cases 
exceeds Switzerland's bound commitments on several tariff lines . Also, can Switzerland please 
provide a complete list of these cases if these are not fully included in the Secretariat's report?  
 
Switzerland's answer:  
To ensure n ational supply in times of shortages, Switzerland has a system of compulsory stocks of 
essential goods . These stocks are under the responsibility of the private sector . So-called "guarantee 
funds" administered by private organizations have been put in plac e by some economic sectors to 
cover storage costs and to compensate for fluctuations in the price of the goods stored . In this case, 
companies which do not themselves hold compulsory reserves pay guarantee fund contributions to 
the organization in order to  finance the compulsory stocks . For some products, these organizations 
levy guarantee fund contributions only on imports.  
Switzerland remains aware that guarantee fund contributions in conjunction with applied customs 
duties exceed the bound rates  for cert ain tariff lines . In 2019, Switzerland launched a project to 
modify the compulsory reserve regime for rice and coffee . This project has not been finalised . 
Reflections on National Economic Supply are on -going and a revision of the legal basis is in 
prepara tion, following the COVID -19 crisis and a planned reorganization of the Federal Office for 
National Economic Supply.   WT/TPR/M/425/Add.1  
 
- 41 - 
 
11  AUSTRALIA  
Report by the Secretariat (WT/TPR/S/425)  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.3 Tariffs  
3.1.3.1 Applied MFN tariff  
 
Page 59, paragraph 3.20  
 
The report states that the Swiss Federal Assembly plans to abolish industrial tariffs (HS  
Chapters 25 -97) on 1 January  2024, with the exception of certain tariff lines within  
Chapters 35 and 38.  
 
Question 1 : 
Can Switzerland please identify the specific tariff lines that will be excluded in these Chapters, and 
the reason why these products will not be subject to tariff elimination?  
 
Switzerland's answer:  
Switzerland eliminates its applied tariffs for industrial goods.  
The lifting of industrial tariffs concerns all goods under Chapters 25 –97 of the  Harmonized   
System (HS)  (https://xtares.admin.ch/tares/main/mainFormFiller.do;jsessionid=Tz3ds3V duXnV -
G3pA3ZST9Jimaoq035eb6lJi1PHRyOLdTenFfgb! -
22935399?l=en&chemicalSearchType=cas&headdata.date=09.02.2022&headdata.direction=impor
t&headdata.userCountryIso2Code=EN&headdata.countryIso2Code=EN ), with the exception of 
certain products under HS Chapters 35  and 38, that are classified as agricultural products in 
Switzerland:  
 
Exceptions concern the following tariff lines of the Swiss customs  tariff: 3501.1010, 3501.1090, 
3501.9011, 3501.9019, 3501.9091, 3501.9099, 3502.1110, 3502.1190, 3502.1910, 3502.1990, 
3505.1010, 3505.1090, 3505.2010, 3506.9910, 3809.1010, 3823.1110, 3823.1210, 3823.1910, 
3824.1010, 3824.9991, and 3825.9010.  
 
Moreover,  fish and fish products (HS Chapter 3) are also not covered by the lifting of industrial 
tariffs.  
 
Question 2 : 
Further, can Switzerland please clarify why agricultural products (HS Chapters 01 -24) have been 
excluded from the scope of the tariff eliminations planned for 1 January  2024? 
 
Switzerland's answer:  
The decision by Parliament relates to industrial goods only . The agricultural tariff system is regularly 
reviewed . Currently, there are no plans to implement changes to the tariff system.  
 
Page 60, table 3.3  
 
Table 3.3 details the structure of Switzerland's MFN tariffs . Average applied 2021 MFN tariffs i n 
manufacturing were reduced from 7.8 % to 5.8 %. 
 
Question 3 : 
Can Switzerland outline the key product areas where MFN tariffs exceed that 5.8 % average figure?  
 
Switzerland's answer:  
Calculations have been performed by the WTO Secretariat . Switzerland has only specific duties and 
does not calculate ad valorem equivalents . Thus, Switzerland is not in a position to indicate which 
key products have MFN tariffs above 5.8 %. WT/TPR/M/425/Add.1  
 
- 42 - 
 
3.1.3.2 Tariff rate quotas  
 
Page 61, paragraph 3.29  
 
The report discusses Tariff Rate Quotas (TRQs) in the agricultural space.  
 
Question 4 : 
Does Switzerland have any non -agricultural TRQs ? If so, could a list be provided?  
 
Switzerland's answer:  
No, Switzerland does not have any non -agricultural TRQs.  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.1 Overview and recent policy development  
 
Page 118, paragraph 4.12  
 
The report states that the Swiss agricultural policy (AP) for the years 2022 -2025 has been 
suspended . In parallel, the Federal Council was required b y both chambers of the Federal Assembly 
to submit a report on the future direction of the AP to the Federal Assembly by 2022 at the latest.  
 
Question 5 : 
Could Switzerland please provide an update on when the AP is due for release?  
 
Switzerland's answer:  
The Federal Council is expected to adopt the report on the future agricultural policy in 
mid-June 2022. This report will indicate in more detail the direction of Swiss agricultural policy in 
the medium term.  
 
Page 118 -119, paragraph 4 .15 
 
The report outlined the measures introduced to support the Swiss hospitality sector  
during COVID -19 related lockdowns, the government provided CHF  3 million for the storage of beef, 
veal and goat meat.  
 
Question 6 : 
Can Switzerland please provide additional details of this arrangement ? Did the meat remain the 
property of the owner, with the funding covering the cost of storage, or did the government both 
purchase and store the meat ? If the latter, would Switzerland please explain how the me at was 
disposed of by the government?  
 
Switzerland's answer:  
The meat remained the property of the owner and the amount of the contributions was based on 
the loss of quality and weight as well as the costs of storage . The contributions were limited to at 
most one third of the market value of the meat at the time of storage (see Article 13 in 
https://www.fedlex.admin.ch/eli/cc/2003/791/fr ). 
 
4.1.2 Domestic Support  
4.1.3.1 Direct payments  
 
Page 122, paragraph 4.37  
 
The report states that the level of direct payments to farms remains relatively high in Switzerland, 
accounting for around 50 % of support to farmers . Australia notes that this is almost th ree times the 
OECD average.  
Question 7 : 
Will this policy framework result in a change in the level of Switzerland's overall trade -distorting 
support?  WT/TPR/M/425/Add.1  
 
- 43 - 
 
Switzerland's answer:  
Within our agricultural policy framework for 2014 -2017, subsequently extended to 2022, Switzerland 
continues to focus on the deregulation of agricultural markets as well as on improving our direct 
payment scheme in order to be more efficient and effective (e.g. continuation of environmental 
cross-compliance conditions, abol ition of general area payments, reallocation of payments related 
to specific agricultural practices) . In December  2021, Parliament increased the overall budget for 
agricultural policy slightly to a total of CHF 14 billion  for the period 2022 -2025. 
 
Discuss ions on the future development of the agricultural policy are ongoing . The Federal Council is 
expected to adopt the report on the future agricultural policy in mid -June 2022. This report will 
indicate in more detail the direction of Swiss agricultural poli cy in the medium term.  
 
Page 122, paragraph 4.40  
 
The report also states the farmland payments' have the objective of maintaining a cultivated 
agricultural landscape in the hilly and mountainous areas . Four of the six measures are per -hectare 
payments tier ed according to the slope of the terrain . The higher the location of the farm, the higher 
the direct payment.  
 
Question 8 : 
Could Switzerland please elaborate on what the maximum payment under this scheme is?  
 
Switzerland's answer:  
There exists no limit for farmland payments . Since they are paid on an area basis, they are limited 
by the existing area only.  
 
5 APPENDIX TABLES  
Table A1.7 FDI by economic activity, 2016 -2020 
 
Page 189  
 
The table in the report details capital flows.  
 
Question 9 : 
Can Switzerland provide a breakdown of Swiss direct investment in manufacturing and services by 
destination country?  
 
Switzerland's answer:  
A further breakdown of the main FDI -aggregates by manufacturing/services is currently only 
available for regions ( i.e. EU, Europe, America, Asia, Africa and Australia/Oceania) but not for 
countries . This is due to confidentiality reasons . The additional breakdowns can be downloaded here: 
https://data.snb.ch/en/wa rehouse/ZAST/facets . 
 
Table A4.2 WTO tariff quotas for agricultural products  
 
Page 202 -203 
 
Table A4.2 provides data that shows that Switzerland operates multiple tariff rate quotas which have 
fill rates above 100 %. Interrogation of this data reveals that fill rates for some quotas  
exceed 200 % (for example, some live animal quotas CHEQ02 and CHEQ04) . Consulting 
Switzerland's MA:  2 submissions for 2019 (G/AG/ N/CHE/103) and 2018 (G/AG/ N/CHE/98) reveals 
that these quotas, and others, are regularly exceeded.  
Question 10 : 
Does Switzerland have any plans to reform its quota system?  
 
Switzerland's answer:  
The quota system is a result of the Uruguay Round and has been very well used by operators since 
then. The tariff system is regularly reviewed . Currently, there are no plans to implement changes to 
the tariff system.  WT/TPR/M/425/Add.1  
 
- 44 - 
 
Report by Switzerland and Liechtenstein (WT/TPR/G/425)  
1.4 TRADE POLICY  
1.4.4.2 Free trade partners  
 
Page 16, paragraph 1.84  
 
The Report outlines the new EFTA FTAs signed during the period of review.  
 
Question 11 : 
Can Switzerland provide the percentage of trade covered for Indonesia, Türkiye  and United  Kingdom 
free trade agreements?  
 
Switzerland's answer:  
Please refer to the calculations made by the WTO secretariat.   WT/TPR/M/425/Add.1  
 
- 45 - 
 
12  THAILAND  
Document  Questions  
WT/TPR/S /425 
Page 12, p aragraph  24 Question 1 : 
With regard to Switzerland's Energy 2050 Strategy, what are the 
incentives offered to promote investment in renewable energy 
production?  
 
Switzerland's answer:  
• Investment contributions from 20 to 60% for renewable energy 
plants : water-, biomass -, wind -, geothermal - and solar power 
plants  
• Reduction of administrative procedures in particular for water and 
wind power plants . 
WT/TPR/S /425  
Page 51, p aragraph  
2.46 Question 2 : 
1) As the Swiss Federal Council is drafting a law on the control of 
foreign investments, how does Switzerland ensure that the law 
would not create a barrier to FDI flows in Switzerland?  
 
Switzerland's answer:  
The open policy towards investments from abroad is of central 
importance for Switzerland as a business location and thus also for the 
prosperity of the population in Switzerland . This policy ensures a 
sufficient inflow of capital and knowledge for Swiss companies and thus 
contributes to value cre ation and the preservation and creation of jobs . 
For these reasons, when introducing investment control, the Federal 
Council will ensure that Switzerland's openness to foreign investment 
and its attractiveness as an investment location are preserved . Care is 
also taken to ensure that investment control is compatible with 
Switzerland's obligations under international law . The aim of 
investment control will be to avert possible threats to public order or 
security.  
 
2) What are the criteria and the two -stage test  procedure by SECO 
for the control of foreign investment?  
 
Switzerland's answer:  
As the Federal Council has not yet launched the consultation on the 
corresponding draft law, it is not possible to provide detailed 
information on this project at the present time. The start of the public 
consultation is planned for May 2022. 
 
3) Pursuant to paragraph 2.46 of the report by the Secretariat 
concerning the draft law on the possible investment control 
mechanism aimed at controlling direct investments from abroad in 
Swiss companies, could Switzerland provide more details of the 
relevant provisions in the draft law on the investment control 
mechanism, particularly as to (1) how foreign state or 
state-affiliated investors involving in takeovers will be treated 
under suc h controlling mechanism, and (2) whether there are any 
differences in treatments applicable to those foreign state or 
state-affiliated investors, on the one hand, and other private 
investors, on the other.  
 
Switzerland's answer:  
According to the parameters  for the control of foreign investments set  
on 25 August  2021 by the Federal Council, takeovers by foreign state 
or state -related investors should be subject to approval in all sectors 
(applying a de minimis threshold) . However, as the Federal Council has  
not yet launched the consultation on the corresponding draft law, it is 
not possible to provide further information on this project at the 
present time . The start of the public consultation is planned for WT/TPR/M/425/Add.1  
 
- 46 - 
 
May 2022.  
WT/TPR/S/425  
Page 71, p aragraph  3.48  Question 3 : 
Could Switzerland provide the list of imported animals and animal 
products that require authorization from the Federal Food Safety and 
Veterinary Office (FSVO) as well as the procedure on how to obtain 
such authorization from FSVO?  
 
Switz erland's answer:  
The list is available at https://www.blv.admin.ch/blv/en/home/import -
und-export/import/importe -aus-drittstaaten.html  under 
"Links" - "Approved third country establishments" . 
WT/TPR/S/425  
Page 73, paragraph  
3.56 Question 4 : 
Since the FOCBS  may charge a fee for some services, such as customs 
clearance outside of office hours, are there any other services with a 
fee that businesses should be aware of?  
 
Switzerland's answer:  
L'OFDF  prélève des émoluments selon l'ordonnance sur les  émoluments 
de l'Office fédéral de la douane et de la sécurité des frontières 
(https://www.fedlex.admin.ch/eli/cc/2007/255/fr ). 
WT/TPR/S/425  
Pages 76 -77,  
paragraphs 3.66 – 3.67 Question 5 : 
Are foreign businesses in Switzerland and Liechtenstein eligible for the 
support measures introduced in response to the COVID -19 pandemics?  
 
Switzerland's answer:  
A business is eligible for the introduced COVID -19 support measures if 
the requirements for acceptance of the insurance are fullfilled . Please 
find the detailed requirements on our website: https://www.serv -
ch.com/en/products/requirements -for-acceptance -of-the-insurance/ . 
Switzerland Global Enterprise (S -GE) is mandated to support interested 
SME exporters domiciled in Switzerland and Liechtenstein in positioning 
themselves in new markets . Foreign companies that are not domiciled 
in Switzerland or Liechtenstein cannot obtain export promotion 
services, including those aimed at Covid support from S -GE and the 
Swiss Export Risk insurance.  
WT/TPR/G /425 
Page 8, s ection 1.3  Question 6 : 
1) How does the Government of Switzerland promote an access of 
SMEs to international market, i.e. providing government funding, 
soft loan or other forms of assistance?  
 
Switzerland's answer:  
Swiss Export Risk Insurance SERV insures political and del credere risks 
involved in exporting goods and services . SERV insurance and 
guarantees protect Swiss exporters from default and facilitate export 
financing . SERV's solutions also help companies to obtain low -interest 
loans or higher credit limits from private banks in order to conserve 
liquidity when exporting goods and services . Especially counter 
guarantees and working capital insurance (liquidity products) are 
important for SMEs . SERV works as an economically viable insurance 
and has to charge risk -oriented premiums in individual cases.  
 
Furthermore, Switzerland supports Swiss companies in developing 
their international business through the federally mandated export 
promoter Switzerland Global Enterprise (S -GE) as well as through its 
representations abroad . The export promotion programme executed by 
S-GE is intended to supplement private initiative by identifying and 
exploiting market opportunities abroad, positioning Swiss exporters as 
internationally competitive providers and supporting access of Swiss 
companie s to foreign markets.  
2) Does Switzerland have a policy that allows foreign SMEs in green 
business  to participate in domestic business in order to 
accomplish sustainable development goals?  WT/TPR/M/425/Add.1  
 
- 47 - 
 
Switzerland's answer:  
Switzerland's investment promotion programme sup ports foreign 
companies, which may include SMEs from the green business sector, 
in setting up operations in Switzerland . The services include the 
provision of information on key location factors and conditions as well 
as on local business opportunities and  research collaborations . This 
may also include measures and opportunities which contribute to the 
SDGs.  
WT/TPR/G/425  
Page 13, p aragraph  1.58  Question 7 : 
Would Switzerland remove tariffs on industrial products in her 
schedules of concessions under WTO ? Moreover, could Switzerland 
provide the list of the industrial products on which the tariffs will be 
removed as of 1 January  2024? 
 
Switzerland's answer:  
Switzerland eliminates its applied tariffs for industrial goods . WTO 
bound tariffs (Switzerland's consolidated tariff schedules) are not 
altered.  
 
The lifting of industrial tariffs concerns all goods under Chapters 25 –97 
of the  Harmonized  System (HS), with the exception of certain products 
under HS C hapters 35 and 38, that are classified as agricultural 
products in Switzerland:  
 
Exceptions concern the following tariff lines of the Swiss customs  tariff: 
3501.1010, 3501.1090, 3501.9011, 3501.9019, 3501.9091, 
3501.9099, 3502.1110, 3502.1190, 3502.1910, 3 502.1990, 
3505.1010, 3505.1090, 3505.2010, 3506.9910, 3809.1010, 
3823.1110, 3823.1210, 3823.1910, 3824.1010, 3824.9991, and 
3825.9010.  
 
Moreover,  fish and fish products (HS Chapter 3) are also not covered 
by the lifting of industrial tariffs.  
WT/TPR/S/425  
Page 123, p aragraph  
4.44 Question 8: 
Could Switzerland elaborate further about the "transitional payments" . 
What are they and how are they relevant to agricultural measures?  
 
Switzerland's answer:  
Transitional payments (paid per farm) are intended to make the change 
to the new direct payments system (effective since 2014) socially 
acceptable . The payments are intended to compensate farmers, who 
receive less direct payments under the new system . These payments 
are scheduled to decrease gradually.  
WT/TPR/S/425  
Page 72, p aragraph  
3.51 Question 9: 
Could Switzerland elaborate further about the 1,176 tariff lines that 
Switzerland reserved the right to use the special agricultural safeguard 
under Article 5 of the Agreement on Agriculture?  
 
Switzerland's answer:  
Switzerland has reserved its right to invoke the Special Agricultural 
Safeguard in accordance with Art. 5 of the Agreement on Agriculture 
during the negotiation of its schedule of commitments in the Uruguay 
round.  
  WT/TPR/M/425/Add.1  
 
- 48 - 
 
13  CHINA  
PART I : QUESTIONS REGARDING THE SECRETARIAT REPORT  
Page 69, paragraph 3.44 
 
As at the time of the previous Review, Switzerland and Liechtenstein continue to apply import 
prohibitions largely for reasons of security, health, and protection of the environment (Tabl e 3.10).  
 
Question 1 : 
Please elaborate on the considerations and standards for setting import prohibitions  related to 
environmental protection.  
 
Switzerland's answer:  
Switzerland bases its import prohibitions related to environmental protection on its international 
obligations, such as the CITES, the Minamata Convention . Additional information can be found in 
the Swiss Notification pursuant to the Decision on Notification  Procedures for Quantitative 
Restrictions 2020 -2022 in document G/MA/QR/N/CHE/3.  
 
Page 89, paragraph  3.113  
 
In 2021, the association of Switzerland's cantonal chemists and Liechtenstein expressed concern 
that labelling of food products from online sellers was not satisfactory, with information missing 
on 78% of online shops . According to the Federal Law on Food Products, information available 
online should be identical to that figuring on the label of food sold physically.  
 
Question 2 : 
How does Switzerland deal with non -compliance with regulations for labelling of food sold onl ine? 
Please provide information on relevant administrative measures.  
 
Switzerland's answer:  
In Switzerland, the same legal requirements apply to food sold online as to food sold on -site: 
With regard to the availability of information on foods offered online, Art icle 44 of the Ordinance 
on Foodstuffs and Utility Articles (Foodstuffs Ordinance) stipulates:  
 
If pre -packaged foodstuffs are offered online, consumers must have access to the same 
information that is to be made available when they are dispensed on -site. 
 
The following applies:  
 
a. At the time of the offering of the goods, all details required by the food law shall be 
available and shall appear on the material supporting the distance selling transaction 
or be made available free of charge b y other appropriate means which shall be clearly 
indicated, with the exception of the best -before date and the lot number.  
b. All the details required by the food law shall be available at the time of delivery of the 
goods.  
 
In case of non -compliance, the com petent enforcement authority issues a complaint in accordance 
with Art icle 33 of the Foodstuffs Act,  
FSA ( SR 817.0 : https://www.fedlex.admin.ch/eli/cc/2017/62/en ). Together with the complaint, 
the authority orders the measures necessary to restore legal conformity (in accordance with Art. 
34 - 37 of the FSA  (https://www.fedlex.admin.ch/eli/cc/2017/62/en#art_34 )). With rega rd to 
labelling of food sold online, this means in particular the adaptation of information contained on a 
website.  
 
Page 11, paragraph  19 
 
Switzerland's regime of price surveillance and prevention of abusive pricing by public and private 
monopolies or enterprises with market power remained unchanged . Under the Law on Price 
Surveillance, the Price Supervisor is responsible for observing price developments and preventing 
abusive price increases or abusive price maintenance in any market wher e the price level is not 
the consequence of effective competition . At the federal level, Switzerland maintains WT/TPR/M/425/Add.1  
 
- 49 - 
 
administrative prices for medicines, electricity, gas, water, basic telecommunications services, 
airport taxes, and notary services . Liechtenstei n maintains price controls on public transport, 
telecommunications, postal and medical services, and drugs and medical equipment.  
 
Question 3 : 
Does Switzerland maintain administrative prices for traditional Chinese medicine?  
 
Switzerland's answer:  
In Switzerland are only the prices of medicines figuring on the "list of specialities" set by the state 
covered for payment by the health insurance funds . Since there are no corresponding medicines 
included in the list of specialties, there are no official pr ices for medicines of traditional Chinese 
medicine in Switzerland . Because so far, the Federal Office of Public Health has not received any 
applications for the inclusion of medicinal products of traditional Chinese medicine.  
 
Question 4 : 
Does Liechtenstein maintain price controls on traditional Chinese medicine?  
 
Page 83, paragraph  3.90 
 
The tobacco tax is levied in Switzerland and Liechtenstein on imported and domestically produced 
cigarettes, cigars, and other tobacco products.  
 
Question 5 : 
Please provide details on the tax rate policies for imported cigarette products and new tobacco 
products in Switzerland.  
 
Switzerland's answer:  
L'impôt sur le tabac pour les cigarettes importées ou produites en Suisse se monte  
à 11,832 centimes par pièce et à 25% du prix de vente au détail, mais au moins à 21,210 centimes 
par pièce . Les tabacs manufacturés destinés à être chauffés importés ou indigènes sont soumis à 
l'impôt sur le tabac à hauteur de 12% du prix de vente au détail . Toutes les cigarettes 
électroniques ne sont pas actuellement soumises à l'impôt.  
 
Page  11, paragraph  15 
 
During the period under review, Switzerland and Liechtenstein implemented new reforms to 
comply with international standards on corporate income tax.  
 
Question 6 : 
Please elaborate on  the main contents of the new reforms on corporate income tax in Switzerland 
and the specific situation of corporate income tax before and after the new reforms.  
 
Switzerland's answer:  
Switzerland used to offer privileged taxation for holding, domiciliary, and mixed companies (jointly 
denoted as status companies) . Status companies were largely exempt from sub -federal corporate 
income taxes (but not from federal corporate income taxes), provided that they engaged in no or 
only limited business ac tivities in Switzerland . These tax regimes lowered the companies' 
corporate income tax rate, depending on the canton, from around 20% to around 10% . The OECD 
has labelled  these tax regimes as "harmful tax practices" under Action 5 of the Base Erosion and 
Profit Shifting (BEPS) project . Switzerland abolished them by 1 January  2020. 
To counteract the implied tax increase resulting from the abolition  of these tax privileges, the 
following internationally common tax relief measures were introduced . Note that all tax relief 
measures apply to cantonal taxation only . The federal corporate income taxes have remained 
unchanged.  
 
Patent box  
 
Corporate income  derived from patents and comparable intellectual property rights can be partially 
exempt from corporate income taxes . Cantons are obliged by federal law to grant this tax relief . 
They can set the extent to which they provide relief for corporate income th at qualifies for the 
patent box to no more than 90%.  WT/TPR/M/425/Add.1  
 
- 50 - 
 
The patent box is based on current international standards . Hence, qualified income can benefit 
from the tax regime only to the extent that it is based on R&D carried out in Switzerland or by 
third parti es abroad.  
 
Additional deductions for R&D expenditures  
 
Cantons have the possibility to grant firms additional deductions for R&D expenditure of up  
to 50% . The measure is aimed at domestic research and development . For reasons of 
practicability, the additional deductibility shall be calculated based on labor expenditure only . To 
take into account other types of R&D expenditure, a 35% uplift is granted . That is, the expenditure 
eligible for additional deductions is R&D  labor expenditure plus 35%.  
 
Deduction for equity -financing (notional interest deduction, NID)  
 
Cantons can provide for a notional interest deduction (NID) provided that the effective corporate 
income tax burden in the cantonal capital is at least 18.03% . The NID is a deduction of imputed 
interest on so -called surplus equity capital . At the time of writing, only the canton of Zurich offers 
a deduction for corporate equity -financing.  
 
Cantonal corporate tax rate reductions  
 
Most cantons lowered their corporate income tax rates to further counteract the tax increases 
implied by the abolition of the status company privileges . To cushion the shortfall in cantonal 
corporate tax revenue, the share of the federal corporate income tax which is retained by the  
cantons was increased from 17% to 21.2% . That is, for every Swiss franc that companies pay in 
federal income taxes, cantons retain 21.2 cents (instead of 17 cents) and  
transfer 78.8 cents (instead of 83 cents) to the confederation.  
 
Relief restriction  
 
The total tax relief stemming from the aforementioned relief measures is limited to 70% of 
corporate income . Cantons can set a lower relief restriction . In other words, provided the cantonal 
relief restriction is X%, the corporate income tax base is the max imum of corporate income after 
tax relief and 1 – X% of corporate income before tax relief.  
 
Additional measures  
Dividend taxation and capital contribution principle  
 
• Increased dividend taxation to 70% for the Confederation and at least 50% for the 
cantons (cantons can also make provision for a higher level of taxation);  
• Adjustments to the capital contribution principle – restriction of the tax -exempt 
distribution of capital contribution reserves.  
 
CHF 2 billion  additional funding for the HAVE  
 
The c orporate tax reform was supplanted  by additional funding of CHF 2 billion  per year for the 
pay-as-you-go retirement system (AHV) . The financial situation of the AHV  is deteriorating 
because expenditure is rising faster than revenue . Of the additional revenue, the federal 
government contributes around CHF 800 million. T he remaining CHF 1.2 billion  stem from 
increased contribution rates ("social security contributions" ) by 0.3% (split half -half between 
employers and employees).  
The overall 2020 effective statutory corporate income tax rate before the tax reform was  
between 12% and 24% and after reform between 12% and 22% respectively (depending on the 
company's locatio n of corporate residence - cantonal capital - in Switzerland) . Assuming that relief 
measures are applied up to the relief restriction the effective statutory corporate income tax rate 
is between 9% and 14% . Note that the afore -mentioned rates might change in the near future . 
The Federal Council plans to implement the effective minimum tax of 15% in accordance with 
Pillar 2 of the G20/OECD corporate tax reform as of 1 January  2024. 
 
Page  12, paragraph  22 
Switzerland is one of the world's most innovative economies and a net exporter of intellectual 
property.  WT/TPR/M/425/Add.1  
 
- 51 - 
 
Question 7 : 
Please provide details on the preferential tax policies and the implementation effects in 
encouraging enterprises innovation in Switzerland.  
 
Switzerland's answer:  
Corporate income derived from patents and comparable intellectual property rights can be partially 
exempt from corporate income taxes at the cantonal level . Cantons are obliged by federal law to 
grant this tax relief . They can set the extent to which they provide relief for corporate income that 
qualifies for the patent box to no more than 90%.  
Cantons have the possibility to grant firms additional deductions for R&D expenditure of up  
to 50% . The measure is aimed at domestic research and development . For reasons of 
practicability, the additional deductibility shall be calculated based on labor e xpenditure only . To 
take into account other types of R&D expenditure, a 35% uplift is granted . That is, the expenditure 
eligible for additional deductions is R&D labor expenditure plus 35%.  
At the federal level, Switzerland only allows the building of rese rves for future R&D contracts with 
third parties, up to a maximum of 10% of taxable profits, but not exceeding CHF 1 million  in total . 
Overall, Switzerland can be regarded as being competitive with regard to tax policies concerning 
enterprise innovation . However, this is primarily due to competitive overall corporate tax rates . 
Targeted R&D tax incentives, however, are modest by international comparison.  
 
Page  12, paragraph  24 
 
In 2020, Switzerland updated its Nationally Determined Contribution under the Paris Agreement 
to commit to reduce greenhouse gas emissions by at least 50% by 2030, compared to 1990 levels, 
and to achieve climate neutrality by 2050 . Following the rejection by the Swiss electorate in 
June 2021 of a comprehensive revision of the Swiss CO2 Law, the Federal Assembly in 
December  2021 adopted a partial amendment to temporarily prolong some limited and 
unchallenged aspects of the CO2 Law during the period 2022 -2024. A new proposal for a 
comprehensive revision of the CO2 Law to continue to re duce greenhouse gas submissions beyond 
this period is currently the subject of consultations.  
 
Page  12, paragraph  25 
 
In 2020, Liechtenstein adopted a new Energy Strategy 2030 and Energy Vision 2050, the purpose 
of which is to further increase the use of e nergy from renewable sources . Liechtenstein's CO2 Law 
derives directly from the Swiss CO2 Law but differs with respect to the allocation of the revenues 
from the CO2 tax.  
 
Question 8 : 
Please elaborate on the provisions in the current CO2 Law on the taxatio n of CO2 and the allocation 
of related tax revenues in Switzerland and Liechtenstein.  
 
Switzerland's answer:  
Under the current CO2 law, CO2 taxation amounts to  CHF 120 per Tonne of CO2 in Switzerland . 
The CO2 levy is imposed on all fossil thermal fuels (e.g. heating oil, natural gas) ; transport fuels 
are not covered . From 2022 it will be set at CHF 120 per tonne of CO2 . The CO2 levy is indicated 
on invoices for purchases of thermal fuels . Two thirds of the revenue from the levy is redistributed 
annually to the population and the economy regardless of the amount of energy consumed . One 
third (max . CHF  450 million ) is invested in the buildings programme to promote CO2 -effective 
measures such as energy -efficient renovations or renewable energies . Another CHF 25 million  
goes into to the technology fund . More information is provided on the following website : CO2 levy 
(admin.ch).  
Unlike in Switzerland, the revenues from the CO2 tax in Liechtenstein are not returned to the 
population, but only to the econom y (see Page 83, p aragraph  3.88 for more details).  
 WT/TPR/M/425/Add.1  
 
- 52 - 
 
PART II : QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 17, paragraph 1.92 
 
Switzerland participates actively in the negotiations on the Agreement on Climate Change, Trade 
and Sustainability (ACCTS).  
Question 9 : 
Please elaborate on the efforts of Switzerland to cope with climate change, improve ecological 
environment protection, and promote sustainable development when actively  participating in the 
negotiations on the  ACCTS.  
 
Switzerland's answer:  
Switzerland, together with Costa Rica, Fiji, Iceland, New Zealand and Norway, is participating in 
the ACCTS negotiations . The aim of this initiative is to demonstrate how trade and environmental 
policy can support and complement each other, thus making a systemic contribution to the debate 
on trade and the environment . The opportunity to join the agreement will be open to all WTO 
Members.  
The participants to the ACCTS negotiations are currently negotiating four substantive chapters . It 
includes 1) the removal of tariffs on environmental goods ; 2) the establishment of new and binding 
commitments for environmental services and environmentally -related services ; 3) the 
establishment of disciplines to eliminate harmful fossil fuel subsidies ; and 4) the establishment of 
guidelines to inform the development and implementation of voluntary eco -labelling programs and 
mechanisms.  
Switzerland is convinced that international trade policy can make an important contribution to 
climate and environmenta l challenges and the sustainable development of all countries . In this 
sense, Switzerland is not only participating in ACCTS negotiations but also actively supports the 
work of the CTE and the plurilateral environmental initiatives at the WTO.  
 
Page 7, paragraph  1.23 
 
In general, the economic risks for the next few years are on the decline . Uncertainty remains very 
high, particularly in relation to how the pandemic might develop . Although there are increasing 
signs that the coronavirus is becoming endemic, which would mean the end of the pandemic, 
further waves of infection cannot be ruled out in the near future . Possible highly restrictive health 
measures would then have a serious impact on the recovery.  
 
Question 10 : 
Please elaborate on the conten ts of health measures taken in Switzerland related to traditional 
Chinese medicine.  
 
Switzerland's answer:  
Switzerland has not taken any specific COVID -19 measures related to traditional Chinese 
medicine.  
PART III. OTHER QUESTIONS  
Question 11 : 
Please provide details on the trade policies related to the import and export of tobacco machinery 
and equipment in Switzerland.  
 
Switzerland's answer:  
Switzerland has no trade policy related specifically to tobacco machinery and equipment . 
  WT/TPR/M/425/Add.1  
 
- 53 - 
 
14  EU 
WT/TPR/S/425 – WTO Secretariat report  
 
Page 10, p aragraph 11  
 
In the Secretariat's report it is mentioned that tariff quotas apply to a number of agricultural 
products, comprising 3.7 % of all tariff lines in 2021 down from 3.8 % in 2016.  
 
Question  1: 
Could Switzerland explain the reason for this decrease in the number of tariff lines?  
 
Switzerland's answer:  
The report of the Secretariat does not state that the number of tariff lines has decreased, but its 
proportion . The exact figures for 2016 are a pr oportion of 316 / 8 ,299 = 3.81 % and for 2021 a 
proportion of 320 / 8 ,525 = 3.75 %. The reduction of the proportion is related to the increase  
of 226 (+2.7 %) tariff lines at the 8 -digit level between 2016 (HS2012) and 2021 (HS2017).  
 
Page 10 , paragraph.11 ; Page 50, p aragraph .2.45 and ; Page 12, p aragraph .23 
 
In the Secretariat's report it is mentioned that high tariffs prevail on agricultural products with tariffs 
ranging from 0 % to 671.3 %. M oreover, the WEF singled out Switzerland's trade regi me as a key 
area where there is room for improvement, due to high trade barriers (in agriculture) and tariff 
complexity . Finally, in a 2017 referendum, the Swiss electorate adopted a new article on food 
security in the Swiss Constitution (Article 104a) . The new article calls for a guarantee for sufficient 
food supplies for the Swiss population in the long term . This guarantee is based on both domestic 
production and imports, taking into account the entire value chain.  
 
Question 2:  
Could Switzerland explain how such high and complex import tariffs help ensuring the guarantee of 
sufficient food supplies for the Swiss population, as provided by the new Article 104a on food security 
in the Federal Constitution?  
 
Switzerland's answer:  
Objectives for Switzerland's agricultural sector are defined by the Federal Constitution (Article 104) . 
Those are manifold and cover, inter alia, several objectives linked to sustainable agricultural 
production, functioning of remote rural areas, biodiversity, landscape quality, animal -friendly 
production systems and quality level of food -stuff production . The Federal Constitution has recently 
been adapted to include a new article on food security to guarantee sufficient food supplies to the 
Swiss population in the long t erm based on both domestic production and imports, considering the 
entire value chain . In order to guarantee its national food security, Switzerland relies on a variety 
of different policies, including domestic support measures and tariffs in order to guar antee a 
reasonable level of domestic production.  
 
Page 46, p aragraph 2.34  
 
"Liechtenstein continues to maintain a Market Control and Surveillance Mechanism (MCSM) to 
comply with Swiss import requirements in cases where customs tariffs or non -tariff requirements 
are different in Switzerland and the EEA for certain products . This system ensures the parallel 
marketability of goods in Liechtenstein under Swiss and EEA rules, as required by Liechtenstein's 
membership in both the Customs Union with Switzer land and the EEA (Box 2.1) . The institutional 
responsibilities and fines for infringing MCSM provisions that are part of this system are set by the 
Act on the Marketability of Goods (LR 947.1)."  
 
Question 3:  
Since we assume that controls of final destination (either to Switzerland or Liechtenstein) of goods 
under their free movement within the Customs Union must be made on a random basis as a 
deterrent, can Switzerland provide data on how often sanctions are imposed?  
 
Switzerland's answer:  
The cont rol is executed on the basis of the provided import declarations . So far, there have not been 
imposed any sanctions.  WT/TPR/M/425/Add.1  
 
- 54 - 
 
Due to the Bilateral Agreements between Switzerland and the EU, only very few EEA -products are 
derogating from the prescriptions of the Swi ss Market . Furthermore, Economic Operators (EO) in 
Liechtenstein are very active in the Swiss Market, as it is extremely strong interlaced with 
Liechtenstein . It is also for that reason, that EO import goods corresponding to the prescriptions and 
requireme nts of the Swiss Market.  
 
Page 48, p aragraph 2.38  
 
"In May 2021, the Federal Council decided not to sign an institutional framework agreement with 
the European Union that would have established an institutional framework for five of the bilateral 
agreements in place . According to the authorities, the key areas of concern for Switzerland related 
to the Citizens' Rights Directive (CRD), with provisions on wage protection and state aid not 
producing the outcomes needed by the Swiss . For Switzerland to  have incorporated the CRD into 
the Agreement on the Free Movement of Persons, exemptions would have been needed to ensure 
rights enjoyed by persons accorded freedom of movement would not be extended, since this would 
result in higher social security costs . This impasse has had an immediate impact on the pending 
update of the Switzerland -EU/EEA mutual recognition agreement with respect to medical  
devices (Section 3.3.2).55 Moreover, negotiations ongoing at the time of Switzerland's previous 
Review in areas  of the electricity market, public health, and food security have been stalled  
since 2018 . In 2021 the European Commission decided to treat Switzerland as a non -associated 
third country in the EU 2021 -2027 Framework Programme for Research and Innovation, Horizon 
Europe, and its related programmes and initiatives (the Euratom programme, the International 
Thermonuclear Experimental Reactor programme, and the Digital Europe Programme) . This means 
that Switzerland can participate in a limited way in around two  thirds of calls for proposals, with 
Switzerland providing funding of the participation of its research and innovation actors."  
 
Question 4:  
How does Switzerland make sure that the measures enacted to address potential wage dumping by 
foreign services prov iders or detached workers do not hinder the provision of services 
disproportionately?  
 
Switzerland's answer:  
Since 2005, the number of notifiable cross -border service provision to Switzerland has tripled . On 
average, it has recorded an annual growth of 8 % (excl. year 2020) . The flanking measures have not 
slowed down this strong growth . The majority of cross -border service provision to Switzerland is 
from neighbouring countries (77 %) (Germany, Italy, France, Austria).  
Since their introduction, the flanking measures have been continuously developed to respond to the 
respective developments and emerging challenges . The various legal adjustments and numerous 
improvements in enforcement have made law enforcement more effective, efficient and risk -based . 
An impor tant milestone in recent years was the Action Plan . It addressed an increased risk 
orientation of controls and a reduction of processing time . So that in recent years, the intensity and 
the amount of controls on posted workers has decreased (50 % to 30 %) although the rate of 
violations has remained the same.  
In order to reduce the bureaucratic burden and the administrative hurdles of posting workers, an 
information platform and an online notification procedure were implemented (the latter is currently 
being optimized ). A model process for the enforcement bodies was established, with the aim of 
harmonizing  enforcement in the cantons.  
In order to discuss and pragmatically solve problems arising from the cross -border provision of 
services, Switzerland is in clos e contact with our neighbouring countries Germany, Austria and 
France . Regular exchanges also take place with other EU member states . The solutions found in this 
context benefit all service providers from the EU Member States.  
 
Question 5:  
Are there any modifications planned concerning the sanctions regime for non -compliance with the 
conditions set for temporary services and the related exclusion lists?  
 
Switzerland's answer:  
The criticism that the sanctions and control costs were disproportionately high was addressed by 
means of sanction recommendations to the cantonal authorities and a de minimis recommendation . 
No further adjustments are currently being considered.  
 WT/TPR/M/425/Add.1  
 
- 55 - 
 
Page 51, p aragraph 2.46  
Switzerland does not have a specific law  governing investment and, so far, there is no investment 
screening mechanism in place. {…} On 2 5 August  2021, the Federal Council defined the parameters 
for the control of foreign investments. {…} The draft law is expected to be published for consultation s 
at the end of March  2022, and following the consultation and redrafting processes, the revised draft 
law will be submitted to the Federal Assembly.  
 
Question 6:  
What is the current state of affairs ? Can you comment on the draft law ? What is the expected/desired 
outcome of the procedure?  
 
Switzerland's answer:  
As the Federal Council has not yet launched the consultation on the corresponding draft law, it is 
not possible to provide detailed information on this project at the present time . The start  of the 
public consultation is planned for May 2022. According to the parameters for the control of foreign 
investments set on 2 5 August  2021 by the Federal Council, the aim of investment control will be to 
avert possible threats to public order or securit y. 
 
Page 59, p aragraph 3.21  
 
Switzerland -Liechtenstein's tariffs schedule consists exclusively of specific duties that are generally 
based on gross weight.  
 
Question 7 : 
Does Switzerland consider adopting the ad valorem tariffs used by OECD countries in particular in 
light of the lack of predictability of the current system which consists of specific rates and of the fact 
that in some cases, for example under the GSP schem es, the ad valorem equivalent may be higher 
than the ad valorem equivalent of the MFN imports because imports from GSP recipients have lower 
unit prices than the MFN imports?  
 
Switzerland's answer:  
Switzerland does not foresee to adopt the ad valorem tarif fs. Switzerland considers specific duties 
as transparent and offering the necessary predictability to ensure a smooth functioning of the import 
regime . An ad valorem regime will pose other challenges.  
 
Page 64, p aragraph 3.34  
 
As at the time of the previous Review, since ODCs are bound at zero and applied tariffs often equal 
the bound rates, it is possible that the sum of tariff and guarantee fund contributions may exceed 
Switzerland's bound commitments on several tariff lines.  
 
Question 8:  
What measures does Switzerland take to avoid applied tariffs being above the bound rates ? Could 
Switzerland provide more information on the consultations on new rules concerning reserve stocks 
for coffee and rice ? In 2019, such consultations were started but apparently never led to a change 
in legislation.  
 
Switzerland's answer:  
In order to ensure that applied rates remain below bound rates, competent offices of the Swiss 
administration are systematically consulted whenever a pol icy instrument affects applied rates  
In 2019, Switzerland launched a project to modify the compulsory reserve regime for coffee and 
rice. This project has not been finalised . Reflections on National Economic Supply are on -going and 
a revision of the legal basis is in preparation, following the COVID -19 crisis and a planned 
reorganization of the Federal Office for National Economic Supply.  
 
Page 66, paragraph 3.39  
 
Paragraph 3.39, page 66 : states that "under the customs union between Switzerland and 
Liechtenstein, all goods are freely traded between the two countries . However, they remain subject 
to the Market Control and Surveillance Mechanism (Section 2.3.2.3) . The bilateral agreements 
between the European Union and Switzerland and the EEA Agreement ( for Liechtenstein) provide 
for free trade in most non -agricultural products with a valid certificate of origin."  WT/TPR/M/425/Add.1  
 
- 56 - 
 
Question 9:  
Technical requirements for non -agricultural imports can lead to discrepancies of treatment within 
the Customs Union of Switzerland and Liechtenstein, given that through membership of the 
European Economic Area (EEA) Liechtenstein has full equivalence and mutual recognition with the 
EU whereas Switzerland as a European Free Trade Association (EFTA) member does not . How did 
the unilateral decision by the Swiss Government to abandon negotiations on a new bilateral 
relationship with the EU, which was based on the text of the Institutional Framework Agreement 
that had been discussed since 2014, impact this divergence between Swi tzerland and Liechtenstein?  
 
Switzerland's answer:  
With respect to technical regulations for industrial products, the relationship between Switzerland 
and the EU is governed by the Mutual Recognition Agreement (MRA) . This Agreement remains in 
effect after the end of the negotiations on an institutional agreement . The Federal Council has since 
reiterated its commitment to preserve and even expand the existing bilateral agreements with the 
EU, including the MRA . Technical regulations for industrial products c overed by the MRA are still fully 
equivalent with those of the EU, the EEA and Liechtenstein.  
 
Page 76, p aragraph 3.66  
 
"In April 2020, in response to the COVID -19 pandemic, SERV temporarily simplified its internal 
processes for applications for export transactions until the end of the Q1 2021 . It also accepted 
applications for export transactions with a maximum risk duration of up to 24 months to EU Member 
States, Australia, Iceland, Japan, Canada, New Zealand, Norway, and the United States, whic h were 
declared temporarily "non -marketable" for private -sector providers . As indicated by the authorities, 
for these "non -marketable" risks, an insurance offer from SERV with premiums in line with the 
market is possible on an exceptional basis if the poli cyholder can submit two refusals from private 
export credit insurers."  
 
Question 10 : 
Can Switzerland confirm that its agricultural sector did not benefit from the 24-month  risk duration 
in a way that would be a breach of the Nairobi Ministerial Decision on  export competition?  
 
Switzerland's answer:  
Demand for SERV -coverage of export transactions in the agricultural sector is small and the few 
transactions that are supported are in compliance with the Nairobi Ministerial Decision.  
 
Page 78, p aragraph 3.73 
 
"The recent dynamic of more intense competition between cantons to attract more corporations 
through lower taxes and new incentives will likely be hindered by the future implementation of the 
international corporate tax agreement . In July 2021, a representative from the Swiss Government 
noted that the reform was not advantageous for the country, but that Switzerland could not prevent 
it from occurring . The OECD framework, agreed on in 2021, plans a minimum taxation rate  
of 15 % for multinational en terprises whose annual revenues exceed EUR 750 million   
(approximately CHF 780 million ). As the OECD also defines the tax base, all cantons could be 
affected by this change . The date of 1 January  2024 has been proposed by the Federal Council for 
implementa tion in Switzerland . In this context, potential measures proposed by the Government to 
maintain the attractiveness of the country for companies are a reform of the withholding tax, and 
the introduction of a tonnage tax . Under the Economic Transition Strate gy COVID -19 established by 
the Federal Council in June 2021, the third phase on "revitalization" also details measures to 
strengthen the attractiveness of Switzerland as a business location."  
 
Question 11 : 
In this context, could Switzerland explain the impact of the referendum held on 13 February that 
rejected the bill on the abolition of the withholding and stamp duty taxes?  
 
Switzerland's answer:  
In the national referendum on 1 3 February  2022, the abolition of the issuance tax on equity was 
rejected wi th 62.7 % of the votes . Thus, no change to the law enters into force, the issuance tax on 
equity remains in place . Please note that the "Amendment of the Withholding Tax Act (Strengthening 
the Bond Market)" was not the subject and part of this vote . However , a referendum against the WT/TPR/M/425/Add.1  
 
- 57 - 
 
reform was successfully launched . The national referendum will take place in September or 
November  2022. 
 
Question 12:  
Could you give a more precise assessment of the impact the new corporate income tax will have on 
Switzerland ? How will the new OECD taxation framework be implemented in Switzerland ? Will the 
proposed date of implementation be kept?  
 
Switzerland's answer:  
The Federal Council plans to amend the constitution to enable Switzerland to tax corporate income 
as a market jurisdiction (Pillar 1) and to ensure an effective tax rate of at least 15 % for 
internationally operating companies (Pillar 2) . Find the Federal Council's press release with the 
outline of the implementation plan on Pillar 2 here: 
https://www.admin.ch/gov/en/start/documentation/media -releases.msg -id-86783.html  (available 
in English) . On Pillar 1, the so -called Multilateral Convention on the technical  details is still being 
worked out in the bodies at the OECD and the Inclusive Framework . Thus, at the time of writing, the 
Federal Council has not yet crafted an implementation plan.  
 
According to the Federal Council's implementation plan, cantons shall levy a top -up tax to ensure 
that an in -scope MNE reaches the minimum of 15 % in Switzerland . Out-of scope companies (e.g. 
companies below the EUR 750 million revenue threshold) will not be affected by the reform . The 
Income Inclusion Rule and the Unde rtaxed Payment Rule (UTPR) are also part of the implementation 
plan. Based on the new constitutional provision a temporary ordinance will ensure that the minimum 
tax enters into force on 1 January  2024. Thereafter, legislation would be prepared without tim e 
pressure to replace the ordinance.  
 
The public consultation procedure on the implementation plan started in March and ended  
in April 2022. Parliamentary deliberation is scheduled for the second half of 2022 . The compulsory 
referendum on the constitution al amendment is planned for June 2023. Subsequently, the Federal 
Council will proceed to implement the 15 % minimum tax by ordinance.  
 
The financial impact cannot be reliably estimated . The data situation is limited and individual reform 
elements cannot be quantified . Initial rough estimates indicate short -term additional revenue of 
around CHF 1 - 2.5 billion. H owever, if Switzerland loses attractiveness as a business location, this 
additional revenue is not guaranteed in the medium and long term.  
 
Page 88, p aragraph 3.110  
 
"Foodstuffs are in principle covered by the Cassis de Dijon principle but are subject to specific 
requirements, namely that foodstuffs fulfilling EU -EEA requirements but not Swiss requirements 
need to be authorized by the Federal Veter inary Office before being placed on the market."  
 
Question 13:  
Will the Swiss authorities dismantle the remaining exceptions that hamper the full use in Switzerland 
of the benefits deriving from the Cassis Dijon principle, as reflected in a report by the S wiss State 
Secretariat for Economic Affairs (SECO) ?3 
 
Switzerland's answer:  
It was intended to facilitate the application of the Cassis Dijon principle for foodstuffs . However, the 
public consultation revealed further difficulties, so that the procedure for foodstuffs according to the 
Cassis Dijon principle – which is comparable to that in other EU member states  - was retained.  
 
Page 92, p aragraph 3.126  
 
"The specific label requirements for organic food are determined by the Federal Department o f 
Economic Affairs, Education and Research (EAER), and are set in the Ordinance  
of 22 September  1997 on Organic Farming and the Labelling of Organically Produced Products and 
Foodstuffs (RS 910.18) as amended in 2021 . Imported products may be labelled as organic if they 
 
3 
https://w ww.seco.admin.ch/seco/fr/home/Publikationen_Dienstleistungen/Publikationen_und_Formulare/konsu
m-und-preise/Preisunterschiede/behinderung -von-parallelimporten.html . WT/TPR/M/425/Add.1  
 
- 58 - 
 
have been produced and prepared in accordance with rules equivalent to those detailed in the 
Ordinance and that production is subject to an inspection procedure also equivalent to that laid out 
in the Ordinance . A list of countries that are  able to guarantee that their products meet these 
conditions was established by the FOAG . Since 2020, a "GMO free" label is available for food of 
animal origin, to help consumers make more informed choices . According to the Ordinance  
of 26 November  2003 on the Declaration of Agriculture Products From Non -Permitted Productions 
Methods in Switzerland (RS 916.51) as amended in 2020, food imports produced in a manner 
prohibited in Switzerland must be labelled as such . Food products destined fo r exportation that are 
not compliant with Swiss requirements must be clearly labelled as meant for exportation."  
 
Question 14:  
Is Switzerland planning to legislate clear, non -discriminatory rules for the awarding of organic food 
labels or to create such a labelling system in its legislation?  
 
Switzerland's answer:  
Switzerland does neither intend to implement new legislation on organic labelling nor to put in place 
any kind of official logo or label for organic products . Furthermore, all issues regarding the  current 
equivalency arrangement between Switzerland and the EU on organics are discussed in the relevant 
common working group on organic agriculture established in the framework of the Agricultural 
Agreement.  
 
Question 15 : 
How does Switzerland plan to ass ure non -discrimination of imported baked goods due to the new 
labelling obligation, which supports the private establishment of Swiss labels that mostly exclude 
bakery and preliminary products from third countries?  
 
Switzerland's answer:  
Switzerland is aiming to find a regulation for a declaration of origin that allows consumers to identify 
the country of production of bakery products at any time, also for products sold over the counter.  
 
Page 95, paragraph 3.141  
 
Paragraph 3.141, page 95  describes that between 2017 and 2020, COMCO opened 20 investigations 
concerning anti -competitive agreements or abuse of a dominant position . We are also aware of new 
investigations regarding abuse of dominant position in high -speed internet provision have been 
launched in 2021 against Swisscom.  
 
Question 16 : 
What were the outcomes of past investigations into Swisscom's potential abuse of the dominant 
market position ? Do the investigations suffice to ensure adequate competition?  
 
Switzerland's answer:  
The new investigation regarding the abuse of dominant position against Swisscom addresses the 
construction of its fiber infrastructure . In 2020 Swisscom announced to change its strategy for the 
construction of its fiber infrastructure from a point -to-point network to a point -to-multipoint network . 
The investigation shall show if the restrictions of effective competition caused by this change of 
strategy can be justified by reasons of economic efficiency . In the past, Swisscom was sanctioned 
because of the a pplication of a price -squeeze in the B2C and the B2B landline telecommunication 
market . In the last ten years, all decisions of COMCO against Swisscom were confirmed by the 
courts . Nevertheless,  Swisscom did not fundamentally change its strategy in the mar ket. This led to 
new investigations against Swisscom . The interventions of COMCO improve the competition 
situation . However, it appears that the interventions of COMCO in the past were not sufficient to 
ensure effective competition.  
 
Page 95, p aragraph 3.141  
 
A duopoly exists in the Swiss food retail distribution sector, as acknowledged also on the official 
government  website  (https://www.eda.admin.ch/aboutswitzerland/en/home/wirtschaft/taetigkeits
gebiete/detailhandel.html#:~:text=Two%20cooperatives%2C%20Migros%20(CHF%2027.7,of%2
0the%20Swiss%2 0retail%20market ) of the Federal Department of Foreign Affairs (FDFA ) 
(https://www.eda.admin.ch/eda/en/fdfa.html ). WT/TPR/M/425/Add.1  
 
- 59 - 
 
Question 17:  
Can Switzerland provide information on competition cases launched in Switzerland in the food retail 
distribution sector and, does Switzerland plan to take any measures to limit the impact of this 
extremely high market concentration on imports?  
 
Switzerland's answer:  
The COMCO and its Secretariat continuously mon itor developments in the Swiss food retail sector 
and thus also the behaviour of the two largest food retailers, Migros and Coop, which was repeatedly 
the subject of our investigations and consultations:  
 
• Within the framework of an investigation, the COMCO  examined whether Coop was 
abusing a possible dominant position in the market with the CoopForte bonus  
of 0.5 %, which it deducted from the invoice amount for its suppliers . In the course of the 
proceedings, however, it was possible to dispel the competiti on law concerns by means of 
an amicable settlement, so that the question of whether Coop held a dominant position 
and, if so, abused it by charging the CoopForte bonus, was left open.  
• In a market observation in 2021, the Secretariat examined whether the re tailer Migros 
had engaged in conduct that was inadmissible under cartel law in the context of price 
negotiations with its suppliers, but found no corresponding indications.  
• Currently, a preliminary investigation is currently underway to examine possible ab usive 
behaviour on the part of Coop regarding the payment processing of Coop's suppliers.  
 
Moreover, various mergers in the food retail sector were examined and approved . In particular, 
Migros/Denner and Coop/Carrefour were approved with conditions after a n in-depth examination . 
Under the existing Swiss Cartel Act, a merger can only be prohibited if it creates or strengthens a 
dominant position that could eliminate effective competition . Therefore, the introduction of the SIEC 
test in the Swiss Cartel Act i s being discussed.  
 
Page 99, p aragraph 3.158  
 
"At the federal level, Switzerland has five state -owned enterprises (SOEs) that are wholly or 
majority -owned by the Confederation . They fall under the category of "market services" among 
the activities outsourced by the Federal Council . Each is managed by the Federal Council according 
to strategic objectives reviewed and renewed every four years . The five companies are RUAG Holding 
AG (operating in the aerospace and defence sector), the Swiss Federal Railways (SBB), Swiss Post, 
Skyguide (Swiss Air Navigation Services), and Swisscom (telecommunications) . No recent data are 
available on companies majority -owned by cantons . According to a 2017 study, cantons held shares 
in more than 500 companies. " 
 
Question 18:  
How are the prices for the products and services offered by these SOEs fixed and do the Swiss 
authorities plan to privatize these companies?  
 
Switzerland's answer:  
The five companies are RUAG  Holding AG (operating in the aerospace and defence sector), the Swiss 
Federal Railways (SBB), Swiss Post, Skyguide (Swiss Air Navigation Services), and Swisscom 
(telecommunications). Regarding RUAG and Swisscom the federal government only sets strategic 
goals, but has no direct influence on prices (see here for RUAG and here for Swisscom). Swiss Post 
has to set the prices of their services according to economic principles, taking into account the 
financing of the universal service (Art icle 47 Postal Servic e Act). Regarding the SBB, it is the SBB 
that set public transport fares in accordance with Article 15 of the Passenger Transport  
Act (PTA). In order to make direct travel available across the whole of the Swiss network (SBB but 
also other public transpor t companies), fares and tickets are not set by the individual transport 
companies but by the branch organization  Alliance SwissPass. The 18 regional associations organize  
themselves separately for direct transport within their network (see also Federal Off ice of Transport 
FOT Fares (admin.ch)). Regarding Skyguide Art icle 3 of the ordinance on the air navigation service 
stipulates that the standards and recommendations of the International Civil Aviation  
Organization (ICAO) in Annexes 1 -4, 6 and 7, 10 -15, 17 and 19 to the Chicago Convention and the 
associated supplementary procedures are directly applicable to the provision of air navigation 
services and their charging arrangements. The Federal Council is currently seeking to privatize 
PostFinance. PostFinan ce is a subsidiary of Swiss Post.  WT/TPR/M/425/Add.1  
 
- 60 - 
 
Page 100, p aragraph 3.160  
 
"E-commerce led to an increase in package shipments".  
If the revenue of a foreign supplier is under CHF 100,000 and the supplier is thus not VAT taxable 
in Switzerland, the suppression of the de minimis rule for VAT may have the following impact : 
invoices of less than CHF 65 (CHF 5 VAT at 8 %) or of less than CHF 200 (CHF 5 VAT at  
reduced 2.5 %) will face high custom procedures costs . This may be at the expense of e -commerce."  
 
Question 19:  
Does Switzerland intend to introduce simplification measures to facilitate e -commerce, especially for 
micro -shipments ("Kleinstbestellungen") where VAT would be under CHF 5? 
Switzerland's answer:  
Switzerland has already a simplified custom procedure for small consignments . Further information 
can be found here: Simplified customs declaration for small consignments using the ACee procedure 
(admin.ch)  (https://www.bazg.admin.ch/bazg/en/home/customs -declaration/declaration -
companies/e -dec-import/simplified -customs -declaration -for-small-consignments -using -the-.html). 
Other measures are currently not planned.  
 
Page 102, p aragraph 3.168  
 
"At the federal level, Switzerland revised its Federal Law on Public Procurement and the 
implementing Federal Ordinance . Both the revised Law and the revised Ordinance entered into force 
on 1 January  2021. Besides implementing the GPA 2012, the objective of the revisions was to 
achieve greater harmonization between the federal and cantonal laws governing government 
procurement."  
 
Question 20:  
Does Switzerland consider these new provisions to be compatible with its GPA obligations and if so, 
could Switzerland provide further details on the harmonization  achieved?  
 
Switzerland's answer:  
Both the revised federal law on government procurement ant t he revised intercantonal concordate 
on government procurement implement, among others, the revised GPA 2012 as well as 
Switzerland's obligations arising from other international agreements in the area of government 
procurement . Therefore, the respective provisions are fully compatible with GPA obligations . One 
major objective of the revision of the federal and cantonal legislation was to allow for  harmonization  
among the (previously heterogeneous) cantonal procurement regimes on one side and between the 
federal and the cantonal level on the other side . Such harmonization  is supposed to strengthen 
competition, to  simplify and modernize public procurement procedures, to increase the legal security 
and to facilitate the application of public procurement law (both for procurement covered by 
international agreement and for procurement not covered by international agre ements) throughout 
the national territory.  
 
Question 21:  
Based on the new measures, what tools do the Swiss federal authorities have to ensure that canton 
legislation does not go against the international commitments by Switzerland, as was the case in 
Ticino? 
 
Switzerland's answer:  
In the field of government procurement, the Swiss cantons enjoy autonomy and can enact their own 
legislation, while respecting the international obligations of Switzerland . It is understood that in case 
of divergences the primacy of international law applies . The representatives of the Confederation 
and the Cantons dealing with government procurement meet on regular basis within the Public 
Procurement Commission for the Confederation and the Cantons . The main task of such C ommission 
is to ensure the consistent implementation of Switzerland's international commitments in the field 
of public procurement at all national levels.  
 
Page 102, p aragraph 3.170  
 
"The main changes introduced in the revised Federal Law on Public Procure ment concern the 
increased emphasis on quality and sustainability aspects in public procurement, the definition of WT/TPR/M/425/Add.1  
 
- 61 - 
 
technical terms and the scope of application, the regulation of additional/subsequent procurement, 
the prevention of corruption, and the intr oduction of more flexible instruments such as dialogue, 
framework agreements, electronic procurement, electronic auctions, and shorter timelines . To 
ensure reasonable access to judicial review, the latter has been further expanded and is now 
available for complaints involving contract values of at least CHF 150,000 (for supplies and  
services) and CHF 2,000,000 for construction services."  
Question 22:  
How does Switzerland plan to assure that companies do not misuse the new sustainability criteria in 
the public procurement law to promote the domestic economy and exclude third countries?  
 
Switzerland's answer:  
Switzerland's revised procurement legislation sets an economic use of public funds that has 
sustainable economic, ecological and social effects as on e of its main objectives . Sustainable 
development is also explicitly mentioned as a possible awarding criteria, provided that it bears a 
direct relation to the object of procurement and is defined with sufficient clarity . It is understood 
that participatio n conditions and awarding criteria related to sustainability shall not, as any other 
condition or awarding criteria, have for purpose or effect to create unnecessary obstacles to trade 
and observe the principles of transparency, equal treatment and non -discrimination . Specific 
recommendations and guidelines on sustainable public procurement for contracting authorities 
explicitly reiterates such principles.  
 
Page 103, p aragraph 3.172  
 
"Under the Federal Law on Public Procurement, contracts are awarded to the supplier having 
submitted the most advantageous offer, except for standardized supplies for which the lowest price 
offer may be selected."  
 
Question 23:  
Are there any monitoring instruments in place to analyze whether the integration of the different 
price level provision in the new Public Procurement Law is disadvantaging third countries through 
the so -called purchasing power differentiation?  
 
Switzerland's answer:  
According to the revised federal law on government procurement, the different price levels in the 
countries where the service is provided may be taken into account in the evaluation of tenders, 
provided that it is applied – like any other awarding criteria - taking into account Switzerland's 
international commitments, in particular the GPA . Since there is no experience on this issue, the 
Federal Office for Construction and Logistics as competent authority responsible for the 
implementation of the revised federal law is prepared to carry out a pilot project . However, it has 
not been possible  to identify a suitable project so far.  
 
Page 105, p aragraph 3.177  
 
"Since the last Review in 2017, developments in IP have played an important role both in 
Switzerland's domestic legislative activity as well as in its international trade policy . Since 201 7, the 
"Swissness legislation" strengthens the protection of the "Swiss Made" designation and the Swiss 
cross. It provides clear rules for the use of Swiss indications of source when used for marketing 
purposes, which in turn contributes to preventing wron gful use of the "Swiss Made" brand, ensuring 
its long -term value . In this context, besides the revision of the Federal Law on the Protection of 
Trademarks and Indications of Source and of the Federal Law on the Protection of Coats of Arms 
and other Public Signs, several ordinances were adopted to extend this regulation to watches, food 
products, cosmetics, and non -agricultural products . Similarly, on 1 April 2020, the Federal Law on 
Copyright and Related Rights was partially revised to adapt it to th e latest technological 
developments and to make the fight against online piracy more effective."  
 
Question 24 : 
Could you provide a quantitative estimate on the effect on imports of inputs, especially as regards 
foods and beverages and the price levels after the extension of the "Swissness" rule to cover more 
products?  WT/TPR/M/425/Add.1  
 
- 62 - 
 
Switzerland's answer:  
The "Swissness legislation" provides the rules for the use of Swiss indications of source for industrial 
and food products . It includes revised Federal laws an d several ordinances.  
Studies commissioned by the Federal Council confirm that the legal criteria for the long -term 
protection of "Swissness " fulfill their purpose . According to the Swiss businesses surveyed, the new 
legislation has a significant positive influence on the "Swissness " price premium . The companies 
estimate that the price premium would be around one quarter lower without the new legislation - due 
to misus e and corresponding loss of reputation . The calculated net macroeconomic benefit, i.e. after 
deducting the newly incurred costs for compliance with the legal requirements, is at  
least 0.2 percentage points of the Swiss GDP . In absolute terms, this corresp onds to CHF 1.4 billion . 
For the most part, the new legislation has not caused companies to change their value chains . In 
this regard, only 6 % to 10 % report having implemented or are planning changes to their value 
chains . Overall, the effects on imports a re hard to quantify on a macroeconomic level, also due to a 
lack of data . In addition,  and with regard to foods and beverages, instruments such as tariffs as well 
as fluctuating exchange rates may have an impact.  
 
Page 110, p aragraph 3.195  
 
"Issues linked to the Internet and new technologies affecting copyright have occupied the Swiss 
legislative process. […] led to the establishment of the "Working Group for the Optimization of 
Collective Management of Copyrights and Neighbouring Rights" to assess t he need for revising the 
copyright legislation in response to the digital environment, with a particular focus on the need to 
curb online piracy […]."  
 
Question 25:  
Concerning enforcement in the digital environment, could Switzerland provide additional inf ormation 
on possible amendments to ISP liability provisions and improvement of the "notice and take -down 
procedure" ? Do reforms tackle the issue of "right to information " for the identification of the infringer 
in the context of on -line piracy ? Follow-up: Could Switzerland clarify whether civil enforcement is 
included in the legal basis relating to the right of information ? Could Switzerland provide more 
information as to the regulation of "safe harbours" for ISP?  
 
Switzerland's answer:  
Swiss law does not provide for a specific liability regime for internet service providers (ISP), nor for 
specific "safe harbour" provisions . ISPs are subject to the general liability rules . They can thus be 
held liable for copyright infringements committed by their users . 
Hosting providers usually react quickly to notifications from rights owners by taking down 
copyright -infringing content from their servers . The new stay down obligation complements the 
existing, self -regulated notice and take -down procedure, and specific ally targets hosting providers 
that facilitate piracy . While Switzerland is open to reassess its NTD -system, there is currently no 
indication that the system needs improvement.  
The right to information for the identification of the infringer, in the contex t of on -line piracy, has 
been confirmed in the last copyright law revision . Rights holders can assert civil claims either at the 
same time as criminal proceedings, or following the criminal proceedings, once the law enforcement 
authorities have identified the IP -address subscriber . According to the feedback from the interested 
circles, civil claims are sometimes asserted simultaneously during the criminal proceedings (see 
report of the Federal Council on the effectiveness of the amendments to the Copyright Act). 
 
Page 111, p aragraph 3.196  
 
The revised Swiss Copyright Act facilitates access to works, for example, through an index privilege, 
a regulation on the use of orphan works, and an exception for scientific purposes in relation to the 
use of text and data mining technologies . After seven years of legislative work, the Federal Assembly 
adopted on 2 7 September  2019 a revision of the Swiss copyright law.  
 
Question 26:  
Could Switzerland specify whether the exception on T&DM mentioned in the Report or other 
exceptions are subject to compensation to the right -holders?  
Switzerland's answer:  
The aim of this provision is to bring legal certainty with respect to the use of tex t and data mining 
techniques . These techniques are employed to analyze  the data contained in a work, not to use the WT/TPR/M/425/Add.1  
 
- 63 - 
 
work per se . This data itself is not protected by copyright and thus cannot be taken into consideration 
for determining remuneration . Moreover, as researchers require lawful access to the works, rights 
holders are in a position to receive remuneration for the work itself . For this reason, the use of works 
pursuant to the provision on scientific research is not subject to re muneration.  
 
Question 27:  
What mechanisms under the 2019 Swiss law have copyright owners been able to utilize to protect 
their copyrighted works in the digital environment?  
 
Switzerland's answer:  
Swiss copyright law does not contain an exhaustive list of r ights, but rather an all -encompassing 
protection : "The author has the exclusive right to decide whether, when and how his work is used." 
(Article 10 para graph  1 of the Copyright Act) . This protection is technologically neutral and allows 
copyright owners to prevent any unauthorized acts and seek legal redress in the digital environment 
as well.  
The 2019 revision contains two measures to step up the fight against online piracy : a "stay down" 
obligation that specifically targets piracy platforms, and a piracy tracking regulation.  
Recent feedback from the State prosecution offices and the rights holders indicates that there are 
hardly any enforcement actions in courts . Thus, the new measures seem to have the desired 
deterring effect on online copyright infringement . This finding is supported by the fact that the 
criticism of the rights holders regarding the enforcement possibilities has largely ended since the 
revision has come into force.  
 
Page 119, paragraph 4.16  
 
Paragraph 4.16, page 119 : Reads that Switzerland's applied MFN tariff on agricultural products (WTO 
definition) – based on ad valorem equivalents – averaged an estimated 25.4 % in 2021, down from 
30.8% in 2016 . Meat and dairy products benefit from the highest levels of tariff protection . High 
MFN tariffs in import -competing sectors contrast with free trade in a range of products, such as 
cotton, where there is no or little domestic production.  
 
Question 28:  
Could Switzerland explain more in detail the reason for this reduction in average i mport duties ? Is 
it due to increased import prices, change in import mix, effects of new FTAs or other reasons?  
 
Switzerland's answer:  
Switzerland applies only specific duties . Ad valorem equivalents recognized by the Swiss government 
have been calculated for the purpose of the Doha Round market access negotiations only and 
therefore represent only a spot impression of the level of tariffs at a certain point in time . A profound 
analysis of tariffs cannot be undertaken by simple averages based on ad valorem equivalents . In 
general, changes in import prices and imported products, as well as new FTAs can be contributing 
factors.  
 
Page 119, p aragraph 4.17,  
 
There are about 500 tariff -protected products where import protection may not be  
necessary (e.g. 0704.9080 Non -headed kale), and approximately another 500 tariff lines where high 
or prohibitive tariffs are maintained mainly for historical reasons – these tariff peaks may offer scop e 
for tariff cuts without compromising agricultural policy objectives.  
 
Question 29:  
Is Switzerland planning to simplify those parts of the tariff allocation system that undermine the 
pursued commitments by tariff quotas to facilitate trade for certain products?  
Switzerland's answer:  
The tariff allocation system is regularly reviewed . Currently, there are no plans to implement changes 
to the tariff allocation system.  
 
Page 121, p aragraph 4.31  
 
Switzerland's WTO tariff -quota commitments cover 28 p roduct categories . Some of them, including 
for dairy products and grains, are divided into sub -quotas.  WT/TPR/M/425/Add.1  
 
- 64 - 
 
Question 30:  
Does Switzerland consider merging certain sub quotas in the milk sector if they belong to the same 
category of products as was done for wine in 2001?  
 
Switzerland's answer:  
There are currently no intentions to merge sub quotas.  
 
Page 121, paragraph 4.33  
 
Paragraph 4.33, page 121  explains the different allocation procedures for tariff quotas as follows:  
 
"The predominant allocation procedur es are on a first -come, first -served basis, auctioning, past 
imports, and prise en  charge (under which the allocation of tariff quota is contingent upon local 
purchase), and unlimited access at the bound in -quota tariff . When domestic supplies are 
insufficient, the tariff quotas may also be increased autonomously, resulting in fill rati os greater  
than 100 % (capped at 100 %, Table A4.2) . The FOAG publishes the tariff quota allocation on its 
website . The auction results (including accepted bids and the names of buyers) are also published 
on the FOAG website . The daily fill rates of first -come, first -served, "at the border" tariff quotas are 
published by the Federal Office for Customs and Border Security (FOCBS) (formerly known as the 
Federal Customs Administration)."  
 
Question 31:  
Given that the auctioning system used for allotting the tari ff quotas is especially harmful for the 
imports into Switzerland of certain products such as cured ham, do the Swiss authorities plan to 
change the current system (for example, in favour of a purely "first in, first served" basis?  
 
Switzerland's answer:  
The tariff administration system is regularly reviewed . Currently, there are no plans to implement 
changes to the tariff administration system . The auctioning method is an efficient, market -based 
and transparent procedure for the stakeholders . The utilization rate of the quotas concerned shows 
that the system works and does not represent a barrier to trade . Auctioning is also a fair distribution 
method . In particular, it allows, for example, smaller or new players to participate in the import 
regime  according to their needs.  
 
Page 121, p aragraph 4.33  
 
According to the Secretariat's report as well as based on the WTO agricultural  
notifications (MA:  2 notification on tariff quota fill) when domestic supplies are insufficient, the tariff 
quotas may also be increased autonomously, resulting in fill ratios greater than 100 %. The EU 
noticed that there are several quotas ( e.g. TRQ 1, TRQ  2, TRQ 4, TRQ 5, TRQ 7, etc.) which are year 
after year over -filled, with percentages going up to 6 .485% fill rate.  
 
Question 32:  
Has Switzerland considered increasing the volumes of these tariff rate quotas permanently instead 
of yearly and autonomously opening for more volume ? Could Switzerland specify at which moment 
in a year and for how long it decides to increase au tonomously the quantity of a certain agricultural 
product that can enter their territory at lower, in -quota duty?  
Switzerland's answer:  
The quota system is a result of the Uruguay Round and has been very well used by operators since 
then. There are current ly no plans to change the system i.e. by increasing the volumes of these 
tariff rate quotas permanently.  
The Government monitors market conditions closely and has the authority to authorize imports 
beyond the consolidated tariff quota . In general, tariff q uotas are autonomously increased, when 
the internal production together with the consolidated quantity of the quota is not sufficient to satisfy 
the internal demand . The autonomous increase applies until the end of the respective calendar year.  
 
Page 121, p aragraph 4.35  
 
In June 2021, the Federal Assembly decided to maintain the 2022 -2025 financial envelope at the 
same level as under AP 2018 -2021, totalling CHF 13,957 million. T he expenditure ceiling for the 
measures to support the production base will  amount to CHF 552 million , for the measures to WT/TPR/M/425/Add.1  
 
- 65 - 
 
support production and marketing CHF 2,156 million , and for the allocation of direct payments 
CHF 11,249 million. U nder AP 2022 -2025, expenditures to improve the production base and social 
measures include di rect support to farm investments, as well as general support for infrastructure 
improvement, social aid to farmers, breeding promotion, and advisory services . Production and 
marketing expenditures mainly support dairy producers via three types of payments : (i) for milk 
delivered for cheese processing ; (ii) for milk production without silage feed ; and (iii) for marketed 
milk (introduced in 2019) (Section 4.1.2.2) . In addition, area payments apply to oilseeds, protein 
crops, grain (introduced in 2019), and su gar beet . Some expenditures under this heading also 
provide funds for general services to the sector, including marketing and product promotion . Public 
expenditures to farmers aim to meet the demand for, inter alia, food security, environment 
protection (l andscape, biodiversity, sustainable use of resources), and animal welfare . These 
payments are subject to environmental cross -compliance conditions (Section 4.1.3.1) . The last 
report on Swiss Agricultural Policy by the OECD (2021) and a 2020 report by Aveni r Suisse 
highlighted several trade -distorting elements.  
 
Question 33:  
Are Switzerland and Liechtenstein taking steps to reduce the most trade distorting elements of its 
agricultural support policy as highlighted by these reports ? In particular, can Switzerland explain 
how it will prevent trade distortion in the wine sector stemming from a possible new obligation for 
Swiss restaurants to offer at least 50 % Swiss wine and in light of the rising financial support for 
Swiss viticulture?  
 
Switzerland's an swer:  
Within our agricultural policy framework for 2014 -2017, subsequently extended to 2022, Switzerland 
continues to focus on the deregulation of agricultural markets as well as on improving our direct 
payment scheme in order to be more efficient and effe ctive (e.g. continuation of environmental 
cross-compliance conditions, abolition of general area payments, reallocation of payments related 
to specific agricultural practices) . Another step in the reform process was the abolition of all 
remaining export su bsidies in 2019.  
Switzerland has always been engaged to the continuation of the reform process following Article 20 
of the WTO Agreement on Agriculture . In this context, Switzerland is ready to take its engagements, 
preferably in the scope of larger negoti ating packets.  
Discussions concerning future development of the Swiss agricultural policy are continuing.  
With regard to the wine sector, there are no government plans to prescribe an obligation for Swiss 
restaurants to offer at least 50 % Swiss wines . A respective proposal was furthermore rejected by 
parliament . The budget for the years 2022 to 2025 for wine production and marketing support has 
not been increased.  
 
Page 126, paragraph 4.52  
 
Paragraph 4.52, page 126 states that  "As an accompanying measure to the abolition of export 
subsidies under the "Schoggigesetz" (Chocolate Law), the Swiss authorities introduced an additional 
non-export linked aid for marketed milk (supplement for marketed milk) at the rate of 0.045 CHF/kg, 
as of 1 January  2019 (0.05  CHF/kg as of January  2022) for all producers of marketed milk in 
Switzerland . As stated by the Liechtenstein authorities, the same measure is in place for 
Liechtenstein milk producers."  
Although the revised legislation formally i ncludes the abolition of export subsidies as well as 
accompanying measures to preserve value creation and jobs in food production, 'hidden' export -side 
subsidies seem to have been implemented . The support payments seem to have been shifted from 
the export contributions budget to an agricultural fund from which food exporters can obtain 
payments, depending on the quantity and type of foodstuffs exported . The present support 
payments seem indeed to be financed by shifting the previous export contributions int o the 
agricultural budget . The way it works seems to be that the State subsidizes every litre of milk a 
farmer produces with about 4.5 centime (5 centime from 2022) . The processors of milk then take 
this contribution right back from the farmers and transfe r it to a fund . Finally, food exporters have 
to register their products and report how much they export . They then receive money from the fund 
accordingly . A total of about CHF 95 million  annually has been earmarked for this purpose by the 
government . This seems to be a state subsidy to the exports of Swiss food processing industry.  
 WT/TPR/M/425/Add.1  
 
- 66 - 
 
Question 34 : 
Could Switzerland and Liechtenstein confirm whether our understanding is correct ? Could 
Switzerland and Liechtenstein also explain why the new measure does not in their view amount to 
an export subsidy using a different financial structure as explained above?  
 
Switzerland's answer:  
Since 1 January  2019 Switzerland has eliminated all remaining export subsidies.  
Producers of marketed milk and cereals are paid direc tly a fixed amount on the basis of the size of 
their crop fields for cereals and for milk on the basis of their output (per kilogram) . Apart from 
general eligibility conditions, the government pays the contributions to the producers without any 
specific co nditions and independently of exports of processed goods . Furthermore, the government 
is in no way involved in any promotional measures by the private sector.  
Since 2019, the supplement for marketed milk is paid to all milk producers . In 2021, the total bu dget 
for the milk supplement was CHF 149.4 million . Until the end of 2021, the allowance was 4.5 cents 
per kilogram of marketed milk and was increased to 5 cents per kilogram as of 1 January  2022. 
Since 2019, the supplement for cereals is paid to all produ cers of cereal . In 2021, the amount of the 
grain supplement was CHF 124 per hectare, with a total budget of CHF 15.7 million. T he total size 
of payments will vary from year -to-year depending on the actual total crop area and total milk 
output.  
 
Page 126, paragraph 4.55  
 
Paragraph 4.55, page 126 : explains that the Swiss interbranch organization for milk, 
l'Interprofession du Lait (IP Lait), continues to implement a standard milk delivery contract for its 
members . This contract contains various provisio ns regarding quantities and prices . However, the 
determination of prices and quantities remains a matter for the individual milk sellers and milk 
buyers . On 1 July 2013, the Federal Council decided to make the delivery contract compulsory for 
all milk prod ucers including those outside IP Lait until 3 1 December  2017. The contract was 
subsequently extended to the end of 2021, and recently until 3 1 December  2025. 
The pricing policy for raw milk deliveries is based on market segmentation . The "A segment" 
compri ses domestic sales of milk products that benefit from tariff protection and domestic support 
(cheese subsidy) . The "B segment" includes world market exports of skimmed -milk powder (milk 
protein) and domestic sales of butter (milk fat) . The "unsupported C s egment" comprises world 
market exports of butter and skimmed -milk powder . In 2020, 82.1 % of milk deliveries were in the 
A segment, 17.1 % in the B segment, and 0 % in the C segment.  
 
Question 35:  
This "support" has not been notified to the WTO . Does Switzerland intend to notify this measure as 
Market Price Support?  
 
Switzerland's answer:  
The determination of prices and quantities for milk is a matter between individual milk sellers and 
buyers, and there is no market price support measure by the Govern ment that would need to be 
notified to the WTO.  
 
Page 126, p aragraph 4.56  
 
The pricing policy for raw milk deliveries is based on market segmentation . The "A segment" 
comprises domestic sales of milk products that benefit from tariff protection and domesti c  
support (cheese subsidy) . The "B segment" includes world market exports of skimmed -milk  
powder (milk protein) and domestic sales of butter (milk fat) . The "unsupported C segment" 
comprises world market exports of butter and skimmed -milk powder . In 2020, 82.1 % of milk 
deliveries were in the A segment, 17.1 % in the B segment, and 0 % in the C segment.  
 
Question 36:  
What is the total production for the C -segment milk over the last three years?  
 
Switzerland's answer:  
In 2019 -2021, no milk was produced in the C -segment.  WT/TPR/M/425/Add.1  
 
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Page 127, p aragraph 4.59  
In 2019, 56 % of the total crop premiums were allocated to sugar beets . The payment rate for sugar 
beets was temporarily increased from CHF 1,800 per hectare  to CHF 2,100 per hectare  and a 
minimum border protection of at least CHF 70 per tonne of sugar came into force for the period  
from 1 January  2019 to 3 0 September  2021. According to the authorities, the Federal Council 
decided on these temporary measures to enable the Swiss sugar  industry to increase its 
competitiveness in view of the difficult situation on the sugar market, notably low sugar beet prices 
and new diseases . These temporary measures were also a response to Parliamentary Initiative 
No. 15,479, which proposes to adapt border protection to guarantee a minimum sugar price . In 
September  2021, the Federal Assembly extended the measures until 2026 and an additional 
premium of CHF 200 per hectare was put in place for organic or integrated sugar production.  
 
Question 37:  
Could  the Swiss authorities detail the reasons why the border protection of at least CHF 70 per tonne 
of sugar was prolonged until 2026 ? Moreover, could Switzerland provide clarification on what is the 
actual range (i.e. maximum amount) for this border protection measure, and details on the factors 
that are considered for the calculation of this amount?  
 
Switzerland's answer:  
The border protection for sugar results from the difference between EU and world market prices . In 
view of the low world market pr ices, Parliament decided to prolong the temporary continuation of 
the minimum border protection . The modalities for assessing border protection for sugar are 
regulated in Article 5 of the Agricultural Import Ordinance 
(https://www.fedlex.admin.ch/eli/cc/2011/770/fr ). The maximum amount is the WTO bound rate of 
CHF 610 per tonne . 
 
Page 160, p aragraph 4.180,  
 
"Third, there were changes to the legal and regulatory framework regarding money laundering and 
financing of terrorism . These included a revision of the self -regulatory Code of Conduct on Due 
Diligence for Banks of the Swiss Bankers Association, a revision of the anti -money Laundering 
Ordinance, and the adoption by the Federal Assembly  in March  2021 of amendments to the 
Anti-Money Laundering Law of 1997 that imposes special due diligence obligations on financial 
intermediaries . The revision of the Anti -Money Laundering Law includes, inter alia, amendments in 
relation to : (i) customer du e diligence (CDD) (verification of the identity of the beneficial owner and 
measures to ensure that data collected under CDD process are kept up to date) ; (ii) the framework 
to report suspicious transactions to the Financial Intelligence Unit ; and (iii) as sociations at risk of 
being abused for money laundering or terrorist financing."  
Question 38 : 
Switzerland recently amended its legal AML/CFT framework to bring it closer to international (FATF) 
standards . Are further legal initiatives foreseen in the near future to align the Swiss framework with 
international standards, in particular with regard to the sector of Designated Non -Financial 
Businesses and Professions?  
 
Switzerland's answer:  
As you are aware, the Federal Council had proposed to extend the AML/CF T Act to cover certain 
activities of DNFBPs linked with the creation, operation or management of legal persons or 
arrangements . The Parliament however rejected this proposal in the revision of the AML/CFT adopted 
in March  2021. That said this subject remains a priority . We plan to take it up again in a future 
revision of the AML/CFT Act to discuss it again at the Parliament . The exact timing and framework 
have not yet been determined, but discussions with the relevant DNFBPs are planned for thi s year 
in order to develop a joint proposal that could be acceptable for the Parliament.  
The Swiss administration is also currently working on the implementation of the revised 
FATF-Recommendation 24 on transparency of legal persons . It is planned to submi t implementation 
options to the Federal Council before the end of 2022, with a view to a send a draft proposal to 
public consultation in 2023.  WT/TPR/M/425/Add.1  
 
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Page 167, p aragraph 4.221  
 
"In September  2020, the Federal Assembly adopted the Federal Act on the Adaptation of Federal 
Law to Developments in Distributed Ledger Technology (DLT), which is a blanket law that triggered 
adaptations in 10 different laws."  
 
Question 39:  
Could you share Switzerland's experience with the introduction of DLT  into its regulatory framework ? 
Has Switzerland already implemented all the necessary ensuing adaptations?  
 
Switzerland's answer:  
Switzerland continuously assesses its regulatory framework as regards suitability for technological 
innovation while mitigatin g related risks . As regards virtual currencies, already in 2015 anti -money 
laundering legislation was amended to explicitly include virtual currencies . In the course of 2021, a 
package of legislative changes entered into force to make Swiss legislation sui table for DLT based 
applications and mitigate corresponding risks . The most important amendments  
include (i) introducing ledger -based securities in securities law, (ii) introducing a claim for surrender 
of crypto -based assets in bankruptcy law, (iii) intr oducing the DLT Trading Facility as new 
authorization category for multilateral trading of DLT securities in financial markets infrastructure 
law and (iv) amending anti -money laundering legislation for recent developments as regards digital 
currencies . Further, the Swiss Federal Council has adopted in early 2022 a report setting out the 
opportunities and risks identified in relation to the digitization  of the financial market which, inter 
alia, sets the basis for further analysis of collective investment sc hemes legislation's suitability for 
the use of DLT.  
 
Page 172, p aragraph 4.253  
 
In 2019, Liechtenstein became the first country in the world to adopt comprehensive legislation on 
an emerging type of financial service providers, trustworthy technology ("TT") service providers.  
 
Question 40 : 
Could you share Liechtenstein's experience so far ? Does the new, pioneering arrangement meet your 
initial expectations ? What works well ? What doesn't?  
 
Page 174, p aragraph 4.261  
 
"The legal regime for the provision of road transport services remained largely unchanged during 
the review period . The domestic conditions of establishment and operation are liberal . Established 
operators need to obtain a licence (other than a driving licence) to create a national  road freight 
business (other than for transporting dangerous goods or goods for which sanitary assurances are 
required) . These licences are granted based on technical, professional, and financial fitness and 
compliance with public safety requirements . The main regulatory change was the entry into force in 
January  2016 of new provisions of the Federal Law on Road Transport Undertakings  153 The key 
changes made by these provisions are the extension of the licensing requirement to vehicles of  more 
than 3.5 tonnes (previously 6 tonnes) and the introduction of the term "transport manager" . The 
authorities indicate that these new rules on the "transport manager" are equivalent to EU rules  154 
In addition, the amendments created the legal basis fo r entering specific data in an electronic 
register to verify the reliability of a transport manager."  
 
Question 41:  
In the framework of the licensing process for vehicles of more than 3.5 tonnes under the new 
provisions of the Federal Law on Road Transport  Undertaking, could Switzerland explain what specific 
procedure and requirements operators need to fulfil in order to obtain a license ? Could Switzerland 
explain whether the regime set by the new provisions treat Swiss and foreign operators in a similar 
way? 
 
Switzerland's answer:  
Equivalent to the EU rules Swiss operators need to fulfill the requirements of good repute, 
appropriate financial fitness and professional competence as well as establishment in Switzerland . 
The carrier has to submit the relevant documents to the Federal office of Transport (OFT) . After 
examination and if it has been established that the carrier fulfills the requirements, the OFT issues 
the licence and certified copies . Since carriers need to be established in Switzerland to receiv e a WT/TPR/M/425/Add.1  
 
- 69 - 
 
licence, foreign operators without establishment cannot receive a Swiss licence . But Switzerland 
accepts EU licences as equivalent to Swiss licences.  
 
Page 176, p aragraph 4.277  
 
"Two hundred  sixty-six Swiss -registered vessels operate on the Rhine . There is no preferential 
treatment or regime for preferential treatment in relation to any vessels calling to the Ports of 
Switzerland in Basel, irrespective of their registration or other criteria . However, as passage through 
Basel requires special knowled ge and skills due to very narrow bridges, depending on the water 
level, pilotage services or proof of route knowledge are mandatory depending on the size of the 
vessel."  
 
Question 42:  
Could Switzerland explain whether pilotage services or proof of route knowledge are mandatory for 
all operators in a similar fashion and irrespective of their flag ? Could Switzerland also give more 
information on the costs and the procedure linked to these pilotage services and the criteria used to 
assess the "proof of  route knowledge"?  
 
Switzerland's answer:  
Between "Basel, Mittlere Rheinbrücke" and "unterer Schleusenvorhafen Augst", pilotage services are 
mandatory for all Rhine vessels longer than 110  meter , irrespective of their place of registration and 
thus also their flag.  
It is the obligation of the master to acquire information about legal pilotage obligations in the 
respective area he enters . The disposition of the pilots is carried out by the district control centre . 
The corresponding fee is charged in a ccordance with the applicable fee tariff.  
Proof of special route knowledge is required for all masters who navigate the section from "Basel, 
Mittlere Rheinbrücke" to "Rheinfelden" . The special route knowledge is a measure to minimise risk 
when passing thro ugh the nautically demanding fairway in the Basel urban area (radius of bends in 
the Rhine current, varying water levels, bridges at close intervals, yaw cable ferries) . This provision 
is independent of the vessel length and/or its place of registration/fl ag. 
Proof of the required route knowledge on the High Rhine, analogous to the international CCNR Rhine 
between Iffezheim and Spyck'sche Fähr, must be provided on the basis of practical experience 
(certain number of route trips) as well as theoretical knowl edge of the specific legal provisions of 
the section concerned.  
WT/TPR/G/425 – Government report  
 
Page 13, p aragraph 1.59  
 
"On 1 January  2018, Switzerland embarked on the DaziT programme : a large-scale programme to 
transform its customs procedures . In order to facilitate trade and ease the burden on the economy, 
the DaziT programme provides for the systematic simplification and full digitalisation of all customs 
procedures by the end of 2026 . New applications simplify, inter alia, the cus toms clearance of goods 
in tourist traffic and enable mobile payment of the flat -rate fee for heavy goods traffic . The successful 
implementation of DaziT requires close collaboration with national and international partners . 
Discussions with neighbouring c ountries' customs administrations and European authorities are 
under way to simplify and speed up border crossings."  
 
Question 43 : 
As regards the modernization of the Swiss Customs, the DaziT programme is aimed to provide for 
the full digitalization of all  customs procedures . How will be the data protection issues connected 
with the full digital environment ensured and what are the measures planned in relation to the 
protection of personal data as regards the relevant customs processes with neighboring coun tries?  
 
Switzerland's answer:  
The DaziT transformation program has two pillars : (1) process simplification and digitalization  
and (2) organizational refinement . Both pillars of DaziT have implications for data protection . The 
DaziT transformation program is accompanied by a legislative process . The proposed legal act 
regulates data processing related to the digitalization of the customs procedures . The draft for the 
so-called Federal Office for Customs and Border Security Enforcement Tasks Act and the 
corresponding implementing ordinance for data processing contain detailed rules for the permissible 
processing of personal data . There will be a clear legal framework depicting for the different customs WT/TPR/M/425/Add.1  
 
- 70 - 
 
procedures the purpose of data processing, the requir ed personal data, the storage period and 
potential disclosures of the data, limits for the access to the data by employees of the Swiss customs 
and rules for the control of the data processing . Only data processing operations within this legal 
framework ar e lawful.  
 
EU (Follow -up question)  
 
Page 92, paragraph 3.126  
 
"The specific label requirements for organic food are determined by the Federal Department of 
Economic Affairs, Education and Research (EAER ), and are set in the Ordinance of 
22 September  1997 on Organic Farming and the Labelling of Organically Produced Products and 
Foodstuffs (RS 910.18) as amended in 2021. Imported products may be labelled as organic if they 
have been produced and prepared i n accordance with rules equivalent to those detailed in the 
Ordinance and that production is subject to an inspection procedure also equivalent to that laid out 
in the Ordinance. A list of countries that are able to guarantee that their products meet these  
conditions was established by the FOAG. Since 2020, a "GMO free" label is available for food of 
animal origin, to help consumers make more informed choices. According to the Ordinance  
of 26  November  2003 on the Declaration of Agriculture Products From No n-Permitted Productions 
Methods in Switzerland (RS 916.51) as amended in 2020, food imports produced in a manner 
prohibited in Switzerland must be labelled as such. Food products destined for exportation that are 
not compliant with Swiss requirements must be clearly labelled as meant for exportation. " 
 
Question 15:  
How does Switzerland plan to assure non -discrimination of imported baked goods due to the new 
labelling obligation, which supports the private establishment of Swiss labels that mostly exclude 
bakery and preliminary products from third countries?  
 
Switzerland 's answer:  
Switzerland is aiming to find a regulation for a declaration of origin that allows consumers to identify 
the country of production of bakery products at any time, also for  products sold over the counter.  
 
Follow -Up to Question to 15:  
Thank you for the explanation concerning the importance of a Swiss regulation for a declaration of 
origin. Has Switzerland already introduced any measures or is planning to introduce measures t o 
ensure the non -discrimination of third -country bakery goods in the framework of such a regulation?  
 
Switzerland 's answer:  
Switzerland has not introduced or is planning to introduce such measures since the planned 
regulation for a declaration of origin wo uld be designed in a non -discriminatory manner.  
 
Page 95, paragraph 3.141  
 
Paragraph 3.141, page 95  describes that between 2017 and 2020, COMCO  
opened 20 investigations concerning anti -competitive agreements or abuse of a dominant position. 
We are also aware of new investigations regarding abuse of dominant position in high -speed internet 
provision have been launched in 2021 against Swisscom.  
 
Question 16:  
What were the outcomes of past investigations into Swisscom's potential abuse of the dominant 
market position? Do the investigations suffice to ensure adequate competition?  
 
Switzerland 's answer:  
The new investigation regarding the abuse of dominant position against Swisscom addresses the 
construction of its fiber infrastructure. In 2020 Swisscom a nnounced to change its strategy for the 
construction of its fiber infrastructure from a point -to-point network to a point -to-multipoint network. 
The investigation shall show if the restrictions of effective competition caused by this change of 
strategy can  be justified by reasons of economic efficiency. In the past, Swisscom was sanctioned 
because of the application of a price -squeeze in the B2C and the B2B landline telecommunication 
market. In the last ten years, all decisions of COMCO against Swisscom wer e confirmed by the 
courts. Nevertheless,  Swisscom did not fundamentally change its strategy in the market. This led to 
new investigations against Swisscom. The interventions of COMCO improve the competition WT/TPR/M/425/Add.1  
 
- 71 - 
 
situation. However, it appears that the intervent ions of COMCO in the past were not sufficient to 
ensure effective competition.  
 
Follow -Up to Question 16:  
If you acknowledge that the interventions of COMCO  do not appear to be sufficient to ensure effective 
competition, could you elaborate if there are any plans that would establish healthy competition, 
especially in the telecommunication sector (considering also the majority stake of the federation in 
Swiss com)?  
 
Switzerland 's answer:  
While it appears that the interventions of COMCO in the past have not been sufficient to ensure 
effective competition, COMCO  continues to intervene where it is necessary in order to protect 
effective competition. In the new investigation, COMCO imposed interim measures which were 
upheld by the courts. Further, COMCO expects that a recent acquisition in the telecom sector will 
stimulate competition (https://www.weko.admin.ch/weko/fr/home/medien/communiques -de-
presse/nsb -news.msg -id-76531.html ). As far as can be seen, the re are no further legislative plans 
in the telecommunication sector.  
 
Page 126, paragraph 4.52  
 
Paragraph 4.52, page 126 states that  "As an accompanying measure to the abolition of export 
subsidies under the "Schoggigesetz" (Chocolate Law), the Swiss authorities introduced an additional 
non-export linked aid for marketed milk (supplement for marketed milk) at the rate of CHF 0.045/kg, 
as of 1  January  2019 (0.05/kg as of January  2022) for all producers of marketed milk in Switzerland. 
As stated by the L iechtenstein authorities, the same measure is in place for Liechtenstein milk 
producers. " 
Although the revised legislation formally includes the abolition of export subsidies as well as 
accompanying measures to preserve value creation and jobs in food prod uction, "hidden "  
export -side subsidies seem to have been implemented. The support payments seem to have been 
shifted from the export contributions budget to an agricultural fund from which food exporters can 
obtain payments, depending on the quantity and type of foodstuffs exported. The present support 
payments seem indeed to be financed by shifting the previous export contributions into the 
agricultural budget. The way it works seems to be that the State subsidizes every litre of milk a 
farmer produces wi th about 4.5 centime (5 centime from 2022). The processors of milk then take 
this contribution right back from the farmers and transfer it to a fund. Finally, food exporters have 
to register their products and report how much they export. They then receive  money from the fund 
accordingly. A total of about CHF  95 million annually has been earmarked for this purpose by the 
government. This seems to be a State subsidy to the exports of Swiss food processing industry.  
 
Question 34:  
Could Switzerland and Liechte nstein confirm whether our understanding is correct? Could 
Switzerland and Liechtenstein also explain why the new measure does not in their view amount to 
an export subsidy using a different financial structure as explained above?  
 
Switzerland 's answer:  
Since  1 January  2019 Switzerland has eliminated all remaining export subsidies.  
Producers of marketed milk and cereals are paid directly a fixed amount on the basis of the size of 
their crop fields for cereals and for milk on the basis of their output (per  kilogram). Apart from 
general eligibility conditions, the government pays the contributions to the producers without any 
specific conditions and independently of exports of processed goods. Furthermore, the government 
is in no way involved in any promotio nal measures by the private sector.  
Since 2019, the supplement for marketed milk is paid to all milk producers. In 2021, the total budget 
for the milk supplement was CHF 149.4 million . Until the end of 2021, the allowance was 4.5 cents 
per kilogram of mark eted milk and was increased to 5 cents per kilogram as  
of 1 January  2022. Since 2019, the supplement for cereals is paid to all producers of  
cereal. In 2021, the amount of the grain supplement was CHF 124 per hectare, with a total budget 
of CHF 15.7 million. The total size of payments will vary from year -to-year depending on the actual 
total crop area and total milk output.  
Follow -Up to Question 34:  
As to our understanding, Switzerland publicly finances all producers  of milk with 0.05/kg 
independently fro m their activity as an exporter. Meanwhile, processors  of the milk products WT/TPR/M/425/Add.1  
 
- 72 - 
 
contribute the same amount  to an agricultural fund (80% raw material cheapening, 20% regulation) 
managed by the private milk sector organization. Hence, the agricultural fund suppo rts the reduction 
of raw material costs only for milk exporters. Both the public support for all milk producers and the 
private agricultural fund for exporters are managed by the same trust company (TSM).  
 
Could Switzerland confirm the correctness of the a forementioned mechanisms? Could Switzerland 
explain whether they are aware of any direct financial flows between the producers of milk and the 
processors of milk equalling the amount of the general public support (possibly also in relation or 
under managem ent of the common trust company) or whether producers of milk have reduced the 
prices of their products equalling to the amount of received public support? How does Switzerland 
assure that the public support for milk producers is not intermingled with the private agricultural 
fund as both are managed by the same trust company?  
 
Switzerland 's answer:  
The Federal Office for Agriculture (FOAG ) pays the supplement for marketed milk directly to all milk 
producers on a monthly basis. The administrative body provides the data on the marketed milk 
volume per producer required for the payment. This is currently the TSM Treuhand GmbH, which 
has a res pective mandate from the FOAG. Thus, TSM does not manage the public support.  
The government is not involved in any promotional measures by the private sector. Any such 
measure is administered purely under private law.  
 
Page 127, p aragraph 4.59  
 
In 2019, 56 % of the total crop premiums were allocated to sugar beets. The payment rate for sugar 
beets was temporarily increased from CHF  1,800/ha to CHF  2,100/ha and a minimum border 
protection of at least CHF  70 per tonne of sugar came into force for the period  
from 1  January  2019 to 30  September  2021. According to the authorities, the Federal Council 
decided on these temporary measures to enable the Swiss sugar industry to increase its 
competitiveness in view of the difficult situation on the sugar market, notabl y low sugar beet prices 
and new diseases. These temporary measures were also a response to Parliamentary Initiative  
No. 15,479, which proposes to adapt border protection to guarantee a minimum sugar price. In 
September  2021, the Federal Assembly extended the measures until 2026 and an additional 
premium of CHF  200 per hectare was put in place for organic or integrated sugar production.  
 
Question 37:  
Could the Swiss authorities detail the reasons why the border protection of at least CHF  70 per tonne 
of sugar was prolonged until 2026? Moreover, could Switzerland provide clarification on what is the 
actual range (i.e. maximum amount) for this border protection measure, and details on the factors 
that are considered for the calculation of this amount?  
 
Switzerland 's answer:  
The border protection for sugar results from the difference between EU and world market prices. In 
view of the low world market prices, Parliament decided to prolong the temporary continuation of 
the minimum border protection. The modalit ies for assessing border protection for sugar are 
regulated in Article 5 of the Agricultural Import Ordinance 
(https://www.fedlex.admin.ch/eli/cc/2011/770/fr ). The maximum amount is the WTO bou nd rate of 
CHF 610/t.  
 
Follow up to Question 37:  
In their reply, the Swiss authorities indicate that "In view of the low world market prices, Parliament 
decided to prolong the temporary continuation of the minimum border protection. " 
Is the border protection applied to sugar imports from the EU when EU prices are above the world 
market prices OR when EU prices are below world market prices?  
 
Switzerland 's answer:  
The minimum border protection is levied regardless of EU and world market prices. The t ariff is fixed 
at CHF 7/100  kg. 
 
What happens with the border protection (i.e. adjusted upward, downward) when the EU prices are 
higher than the world market prices "majorés des droits de douane et des contributions au fonds de 
garantie ", as indicated in A rticle 5 of the Agricultural Import Ordinance?  WT/TPR/M/425/Add.1  
 
- 73 - 
 
Switzerland 's answer:  
The price of imported sugar, including border protection and guarantee fund contributions, is set 
according to the Agricultural Import Ordinance so that it corresponds to the EU price. If  this price is 
within a certain range, there is no adjustment of border protection. The range is exceeded if prices 
deviate more than CHF 3/100  kg upwards or downwards from EU prices, thus border protection is 
adjusted respectively. Until 2026, the minimum  border protection together with the guarantee fund 
contributions amounts to CHF 7/100  kg (see Art icle 5, RS 916.01 Ordonnance sur les importations 
agricoles, OIAgr, https://www.fedlex.admin.ch /eli/cc/2011/770/fr ). 
 
Is the border protection applied to sugar imports from the EU when the EU prices are higher than 
the world market prices "majorés des droits de douane et des contributions au fonds de garantie "? 
If yes, why?  
 
Switzerland 's answer:  
Border protection is appl ied to all imports regardless of origin, except those under the Preferential 
Tariff ordinance. Importers are free to choose the origin.  
 
In their reply the Swiss authorities indicate "The border protection for sugar results from the 
difference between EU a nd world market prices. "Is the border protection applied even when the 
difference between EU prices and "les prix du sucre importé, majorés des droits de douane et des 
contributions au fonds de garantie " is below CHF  70 per tonne of sugar?  
 
Switzerland 's answer:  
Yes, minimum border protection is also applied if the difference between EU market and world 
market price is less than CHF  70 per tonne.  
 
Under which conditions would the border protection be suspended for the sugar imports from the 
EU according to the rules currently in force ?  
 
Switzerland 's answer:  
The minimum border protection will be applied until the end of 2026 according to the current law. 
There are no exceptions foreseen.  
 
Is the amount of the border protection amount published?  Where can the amount currently 
applicable be found?  
 
Switzerland 's answer:  
The minimum border protection is CHF 7/100  kg until 2026 (see Art icle 5, RS 916.01 Ordonnance 
sur les importations agricoles, OIAgr, https://www.fedlex.admin.ch/eli/cc/2011/770/fr ). The 
réservesuisse cooperative publishes the guarantee fund contributions here 
https://www.reservesuisse.ch/tariffs -of-the-guarantee -fund-contributions/?lang=en . 
 
Is the procedure for the calculation of the amount of the border protection (in accordance with  
Article 5 of the Agricultural Import Ordinance) by OFAG published? If published, where it can be 
found? If not published, how is the transparency of the calculation of the amount of the border 
protection by OFAG ensured?  
Switzerland 's answer:  
The calculation of the border protection is not published.   WT/TPR/M/425/Add.1  
 
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15  COSTA RICA  
Informe de Suiza  
 
Página 14, párrafo 1.59  
 
1.59. El 1 de enero  de 2018, Suiza puso en marcha un importante programa para transformar los 
procedimientos aduaneros, el programa DaziT . Para facilitar los intercambios comerciales y reducir 
las cargas, el programa DaziT prevé la simplificación sistemática y la digitalización plena de todos 
los procedimientos aduaneros de aquí a finales de 2026 . Las nuevas aplicaciones simplifican, entre 
otras cosas, el despacho de mercancías en el tráfico turístico y permiten el pago por móvil del 
derecho fijo aplicado a los vehículos pesados . Para que el programa DaziT pueda aplicarse con éxito 
es necesario que exista una estrecha colaboración con los interlocutores nacionales e 
internacionales . Se están manteniendo conversaciones con las administraciones aduaneras de los 
países vecinos y con las autoridades europeas para simplificar y agilizar los cruces de frontera.  
 
Question 1 : 
• Suiza implementa, a partir del 1  de enero  de 2018, el programa DaziT para la 
transformación de los procesos aduaneros . ¿Se enmarca este programa dentro de los 
compromisos asumidos para la implementación del AFC, y cuál ha sido su hoja de ruta?  
• Con respecto a la simplificación sistemática y digitalización de los procedimientos 
aduaneros, ¿podría Suiza por favor detallar cuál es acciones se han llevado a cabo hasta 
el momento y cuáles están pendientes de implementarse?  
 
Switzerland's answer:  
Partie 1 : La simplification systématique et la numérisation intégrale des processus de l'OFDF ont 
officiellement débuté avec le lancement du programme DaziT le 1er janvier  2018 et se poursuivront 
jusqu'à la fin 2026 . L'OFDF recourt à des méthodes agiles pour la mise en œuvre du programme 
DaziT . Depuis 2019, il utilise le modèle -cadre  SAFe pour la coordination générale . Les principaux 
jalons de mise en œuvre sont publiés sur le site internet de l'OFDF: 
https://www.bazg.admin.ch/bazg/fr/home/themes/dazit/zeitplan.html . 
 
Partie 2 : 
• Au cours des quatre premières années du programme DaziT (2018 -2021), l'OFDF  a pu 
mettre en service une vingtaine d'applications et de services informatiques de base.  
• De nouvelles apps pour smartphone permettent un dédouanement numérique des 
marchandises dans le trafic touristique ( QuickZoll  
(https://www.bazg.admin.ch/bazg/fr/home/infos -pour-particuliers/declarer -des-
marchandises/importation -en-suisse/anmelden -per-app.html )), un acquit tement par voie 
mobile de la redevance forfaitaire sur le trafic des poids lourds ( Via 
(https://www.bazg.admin.ch/bazg/fr/home/infos -pour-entreprises/transport --document -
de-voyage --redevances -routieres/redevances -sur-le-trafic-des-poids -lourds --rplp-et-
rplf-/rplf-pour-vehicules -immatricules -a-l-etranger/via.html )) ainsi qu'une activation 
automatique de la déclaration en douane lors du passage de la frontière ( Activ 
(https://www.bazg.admin.ch/bazg/fr/home/declaration -en-douane/declaration -pour-
entreprises/activ.html ) et Periodic  (https://ww w.bazg.admin.ch/bazg/fr/home/declaratio
n-en-douane/declaration -pour-entreprises/periodic.html )). En outre, des applications 
utilisées à l'interne permettent au personnel de l'OFDF  d'effectuer des interrogations de 
contrôle plus efficaces, d'encaisser des recettes de façon mobile et d'annoncer l'entrée en 
service et la fin de celui -ci au moyen d'un smartphone . La sécurité et l'efficacité des 
engagements s'en trouvent ainsi considéra blement renforcées . Les services numériques 
de l'OFDF sont mis en ligne sur  l'ePortal  (https://eportal.admin.ch/start ) par étapes . 
L'enregistrement  et la gestion des administrateurs sont fondés sur le principe  du 
libre-service (selfcare) et sont donc accessibles partout et en tout temps . Grâce à DaziT, 
les données de base sont désormais saisies dans une plateforme centrale (SAP  MDG).  
• Dans le trafic des marchandises de commerce, les premières composantes du nouv eau 
système de gestion des marchandises "Passar " ont été implémentées . Les applications  
E-Begleitdokument et E -Com (https://www .bazg.admin.ch/bazg/fr/home/declaration -en-
douane/declaration -pour-entreprises/e -begleitdokument.html ) ainsi que  Chartera Output  
(https://www.bazg.admin.ch/bazg/fr/home/declaration -en-douane/declaration -pour-
entreprises/chartera -output.html ) permettent d'interagir sans contact avec la douane . A 
l'automne 2021, l'OFDF a été la première autorité douanière en Europe à tester l'utilisat ion WT/TPR/M/425/Add.1  
 
- 75 - 
 
de la  télématique  (https://www.bazg.admin.ch/bazg/fr/home/actualites/forumd/nah -
dran/telematik0.html ) en vue d'une activation entièrement automatisée des déclarations 
en douane à la frontière . Il recourt pour cela aux interfaces existantes des systèmes de 
gestion de la flotte.  
• La numérisation de la perception d'autres redevances progresse également . L'imposition 
de la bière  (https://www.bazg.admin.ch/bazg/fr/home/infos -pour-entreprises/impots -et-
redevances/importation -en-suisse/redevan ces-sur-l-alcool -et-tea/impot -sur-la-
biere.html ) est, grâce à  Biera (https://www.bazg.admin.ch/bazg/fr/home/infos -pour-
entreprises/impots -et-redevances /importation -en-suisse/redevances -sur-l-alcool -et-
tea/impot -sur-la-biere.html ), presque entièrement informatisée . Le raccordement de la 
Suisse au service européen de télépéage  SET 
(https://www.bazg.admin.ch/bazg/fr/home/infos -pour-entreprises/transport --document -
de-voyage --redevances -routieres/redevances -sur-le-trafic-des-poids -lourds --rplp-et-
rplf-/rplp---vehicules -immatricules -a-l-etranger.html ) constitue la première étape du 
renouvellement complet du système de saisie RPLP . L'automatisation progressive de la 
perception des r edevances sur la circulation contribue de manière décisive à accélérer le 
passage de la frontière.  
• La participation au système européen  Import Control System 2  
(https://www.bazg.admin.ch/bazg/fr/home/actualites/forumd/fuer -fachleute/ics2 -
fragen -und-antworten -aus-schweizer -sicht.html ) améliore quant à elle l'analyse des 
risques . En effet, avec l'introduction d'ICS2 dans l e trafic postal, les données douanières 
concernant le commerce en ligne sont transmises dès l'envoi depuis des pays tiers.  
 
Les applications principales seront mises en service entre 2022 et 2025:  
• Le nouveau système de gestion du trafic des marchandises Passar (2023/2025) ; 
• Le nouveau système de contrôle aux frontières et les derniers développements de l'acquis 
de Schengen et de Dublin (2022/ 2023); 
• La nouvelle génération du système de saisie RPLP pour  les poids lourds indigènes (2024) . 
  WT/TPR/M/425/Add.1  
 
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16  JAPAN  
Report by the Secretariat (WT/TPR/S/425)  
4 TRADE POLICY BY SECTOR  
4.4 Service  
4.4.1.1 Switzerland  
 
Question 1 : 
Pages 147 -150, p aragraph 4.141  
 
According to the Report, "the provision of value -added services with Swiss numbers is now 
conditioned by the localization of the headquarters in Switzerland ." Japan would like to hear 
Switzerland's view on how Switzerland ensures the consistency of this condition with its 
commitments in Enhanced/Value -added Te lecommunications services, where MA and NT are largely 
committed for Mode 1.  
 
Switzerland's answer:  
The area of value -added services has unfortunately experienced a very high level of abuse in 
Switzerland in the past . This was to the disadvantage of consumers and to the detriment of the 
Swiss telecommunications market, as confidence in this market suffered greatly at times . The new 
regulation aims to limit this substantial abuse, which has unfortunately taken place in the past.  
Unfortu nately, providers who were very much to the benefit of consumers and the 
telecommunications market in Switzerland also suffered from these negative effects . It was essential 
to offer legal certainty in the area of value -added services to all providers in t he Swiss market and 
also to consumers . A general decline in the supply of such services due to the new condition could 
not be detected . The suppliers found economically viable solutions to continue operating profitably 
in the Swiss market.   WT/TPR/M/425/Add.1  
 
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17  PHILIPPINES  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
I. ECONOMIC ENVIRONMENT  
Page 24, p aragraph  1.26 
 
Openness and fair competition are also leverages for productivity . One of Switzerland's main 
strengths is its high level of productivity and innovation . Over the review period, Switzerland 
maintained its ranking as the most innovative country in the world from the Global Innovation 
Index, and tertiary attainment has continued to grow . According to the International Labour 
Organization, Switzerl and ranks 8th worldwide for labour productivity . However, low productivity 
growth is perceived as a source of concern . For the period 2010 -2018, Switzerland's rank on 
labour productivity growth was 25th out of 36 member States examined by the OECD . The 201 9 
Report of the Federal Council on the Swiss Economy noted that other countries have been catching 
up on productivity while the contribution of labour productivity to growth has diminished . The 
association of research -based pharmaceutical companies in Switzerland echoed this concern in  
its 2021 report, acknowledging that while labour productivity in the pharmaceutical industry has 
increased substantially in the past 25 years, other countries were becoming stronger comp etitors . 
According to the report, the COVID -19 pandemic will increase competition even further . In 
February  2022, the Federal Council's report on strengthening the Swiss economic position noted 
that measures taken to foster a dynamic competition in the dom estic market should increase 
Swiss companies' productivity growth.  
 
Question  1: 
Could Switzerland elaborate on its proactive initiatives on adaptation to digitalization under the 
Digital Switzerland Strategy, as it relates to addressing the low productivit y growth of the country?  
 
Switzerland's answer:  
Switzerland has been accompanying digitalization with its horizontal umbrella strategy "Digital 
Switzerland" for many years . The strategy contains an action plan with around 160 measures . 
Current top priorities are environmental aspects as well as challenges related to data policy . The 
Swiss strategy is based on a multi -stakeholder approach (inclusion of the economy, science and 
civil society) and is updated regularly . The implementation of the strateg y is currently coordinated 
by a high -ranking interdepartmental committee.  
Switzerland is focusing primarily on creating optimal framework conditions for various types of 
business models, including the digital economy . In connection with digitisation, we do not provide 
targeted subsidies for industries and/or technologies . In order for the economic potential of 
digitisation to be fully exploited, we think that particular attention must be paid to the framework 
conditions in the following a reas: Education and further education (digital skills etc.), the research 
environment, data protection (legal security), cyber risks and efficient and secure ICT 
infrastructures (e.g. telecommunication and electricity) . In addition, Switzerland is committe d to 
making all necessary legislative adjustments to allow digital business models to flourish 
(e.g. Fintech) . Finally, Switzerland is striving to further expand digital government services.  
 
Question 2:  
What are the reasons for Switzerland's low productiv ity growth ? Please share information on the 
Government's plan to address these problems.  
 
Switzerland's answer:  
There are several potential reasons for Switzerland's comparatively low productivity growth . First 
of all, the level of labour productivity is already very high and the economy is very capital 
intensive, which makes further high growth rates difficult . More policy relevant is however, that 
the domestically oriented sectors show below -average productivity growth, while the 
export -oriented sectors continue to have strong growth . For this reason, reforms in Switzerland 
aim, where possible, to create a dynamic competitive environment through appropriate framework 
conditions . A wide variety of projects contribute to this . On 16 February  2022 the Federal Council 
submitted a report summarizing the major projects (available in French, German and Italian here 
(https://www.admin.ch/gov/fr/accueil/d ocumentation/communiques.msg -id-87208.html )). Key WT/TPR/M/425/Add.1  
 
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projects to mention are the message regarding a Business Relief Act  
(https://www.seco.admin.ch/seco/fr/home/seco/nsb -news.msg -id-83285.html ), which will 
anchor important principles for good regulatory activity in the law so that the administrative 
burden of new regulations is minimised . Furthermore the Federal council intends to revise the 
cartel act in order to modernise the merger control . By changing from the current and permissive 
qualified market dominance test to the significant impediment to effective competition test (SIEC 
test), the standard of review of the Competition Commission (ComCo) is to be adapted to 
intern ational practice . This means that in future mergers that significantly impede competition 
can be addressed and not only those that completely eliminate competition . Various projects are 
dedicated to improve the conditions for a productivity enhancing digit alization . The Federal Council 
intends for instance to submit consultation proposals on the introduction of a digital ID  
(https://www.bj.admin.ch/bj/fr/home/staat/ge setzgebung/staatliche -e-id.html ), which would 
facilitate digital identification procedures for business but for exchange between private actors 
and government as well . Regarding the digitalisation of government services, the transformation 
programme to dig italize and simplify customs procedures  
(https://www.bazg.admin.ch/bazg/en/home/topics/dazit.html ) is also a high priority for the 
Federal Council.  
 
Page 26, p aragraph  1.31 
 
In January  2021, the Government unveiled its long -term policy strategy on climate change to be 
carbon neutral by 2050 . It notably aims at reducing carbon emissions along entire value chains in 
Switzerland but also taking into consideration goods and services imported, applying the principle 
of circular economy to the extent possible . Three quarters of the total Switzerland carbon footprint 
is created abroad . The Government thus promotes sustainability provisions in free trade 
agreements . After the rejection of  the revised CO2 Act by popular vote in 2021, the Government 
submitted a new proposal on 1 7 December  2021 to meet the objectives of its long -term climate 
strategy (Section 4.2.2.1.3).  
 
Question  3: 
Could Switzerland and Liechtenstein elaborate on plans to a chieve its climate change targets?  
 
Switzerland's answer:  
The legal basis for Switzerland's  climate policy is the CO2 Act . Following the rejection of the 
revision of the CO2 -Act in June 2021, the Federal Council opened the consultation on a new 
proposal for a revision of the CO2 Act for the period from 2025 to 2030 in December  2021. Its 
purpose is to halve greenhouse gas emissions by 2030 and thus achieve the 2030 climate target . 
For the p eriod after 2030, a new revision of the CO2 -Act will be required . The Federal Council 
decided in August  2019 that Switzerland should aim for net zero greenhouse gas emissions  
by 2050 . The net zero target is also the subject of the Glacier Initiative submi tted in 
November  2019. The Federal Council has made a direct counter -proposal in response to the 
initiative and submitted the corresponding message to parliament on the 11  August  2021. In the 
meantime, Parliament has decided to elaborate an indirect counte r-proposal, i.e. not an 
amendment to the Constitution, but an amendment to the act in question, or (as in this case) 
even a new act . Discussions in Parliament are currently on -going.  
 
Question 4:  
Please share details on the sustainability provisions in Switzerland' FTAs, particularly specific 
commitments by governments and businesses.  
 
Switzerland's answer:  
A full description of Switzerland's provisions on trade and sustainable development in FTAs is 
available under the following 
webpage:  https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaf tliche_Z
usammenarbeit/Wirtschaftsbeziehungen/Freihandelsabkommen/nachhaltigkeit.html . 
 
Question 5:  
How is the government's policy strategy different/similar to the EU Green Deal policy?  
 
Switzerland's answer:  
Switzerland's  targets and the targets of the EU  Green Deal are similar . Both aim for net -zero 
greenhouse gas emissions in 2050 . Switzerland's  ETS is linked with the EU -ETS, and the WT/TPR/M/425/Add.1  
 
- 79 - 
 
CO2-regulations for new vehicles (CO2 regulations for vehicles (admin.ch)), introduced in 2012, 
follow the regulations in the EU . These measures contribute to reaching the targets for 2030 
However, Switzerland has not yet detailed the measures to reach the 2050 target . A detailed 
comparison is therefore not possible at this point . Given the close relations betw een Switzerland 
and the EU, it is likely that measures will continue to be aligned and coordinated whenever 
possible, especially in trade -intensive sectors.  
 
Page 32, p aragraph  1.48 
 
In 2019, there were 52,163 exporting companies . Large companies (at least  250 employees) 
dominated merchandise exports, with a share of 58%, while medium -sized  
companies (50 -249 employees) accounted for 29% . While 84% of Swiss exporting companies are 
small companies (fewer than 50 employees), they accounted for only 13% of mer chandise 
exports . The shares of large and medium -sized companies in Swiss merchandise imports were, 
respectively, 39% and 32%, while small companies (94% of the total number of importing 
companies) accounted for 27% of imports.  
 
Question  6: 
It is evident that MSMEs comprise a large percentage in Switzerland's export companies ; however, 
it only accounted for 13% of merchandise exports . What are the specific problems faced by the 
MSMEs to fully integrate in the GVCs?  
 
Switzerland's answer:  
Due to their sizes and limited resources, MSMEs are disproportionally  affected by trade barriers 
and face greater difficulties to navigate in the complex global trading environment . Thus, inter 
alia issues related to access to information, technical barrie rs to trade, tariffs are hurdles that 
prevent MSMEs from fully integrate GVCs.  
 
Question 7:  
What measures have been implemented to help MSMEs to maximize their export capacity?  
 
Switzerland's answer:  
Dans le cadre de la révision totale de la législation douanière, les simplifications et modifications 
suivantes sont rendues possibles . Elles sont en principe à la disposition de toutes les entreprises 
qui ont des échanges avec l'OFDF . Les simplifications suivantes soutiennent l'autonomie des  
PME (Liste non-exhaustive):  
 
• Une recherche d'informations plus efficace et plus conviviale.  
• Grâce à des simplifications techniques et juridiques, les entreprises seront en mesure 
d'établir elles -mêmes la déclaration de marchandises.  
• Un délai d'opposition prol ongé.  
• Les processus pour les entreprises doivent être sans rupture de média et réduire les 
redondances de données et de fonctions.  
• Outre les adaptations générales des processus, les entreprises qui remplissent des 
conditions spécifiques (solvabilité, respe ct des exigences réglementaires, etc.) doivent 
pouvoir bénéficier d'autres allégements spécifiques.  
 
La possibilité de participer à un pool de PME pour aider à adapter le nouveau système de circulation 
des marchandises de l'OFDF aux besoins des PME.  
 
Voir également le chapitre 1.3.5 MSMEs du rapport du gouvernement WT/TPR/G/425 . 
II. TRADE AND INVESTMENT REGIMES  
Page 42, p aragraph  2.17 
 
A study was recently commissioned by SECO to assess the extent to which Swiss companies use 
the tariff preferences available through RTAs (both with respect to their imports and  
exports) . The findings were that overall in 2018, free trade agreements (FTAs ) enabled Swiss 
importers to save CHF 2.5 billion  in customs duties (corresponding to an average utilization rate 
of 73% for imports) . With respect to exports, the utilization rate was 80% in 2018, representing 
savings of CHF 1.8 billion  in customs duties.  A monitor has been developed for each trading WT/TPR/M/425/Add.1  
 
- 80 - 
 
partner, with data for 2019 . A second study mandated by SECO examined, in greater depth, the 
savings on duties accruing to different categories of importers . It found that both SMEs and large 
companies benefit ed equally from FTAs during the period 2016 -2019, enjoying duty savings  
of 87% and 86%, respectively, when compared to the duties that would have been paid in the 
absence of FTAs . The average savings on duties for all categories of importers was 84% for t he 
same period . Based on these results, SECO conducted a survey of importing companies to identify 
the reasons for non -utilization of RTAs by some Swiss firms . Reportedly, the main reason was that 
companies are not sufficiently informed about the condition s that must be met in order to benefit 
from FTAs . The fulfilment of rules of origin also seemed to play a significant role . The authorities 
indicate that SECO is continuing to analyse the results of this questionnaire with a view to 
determining if further work can help promote increased use of Switzerland's FTAs by businesses.  
 
Question  8: 
Please provide updates with regard to SECO's analysis of the mentioned questionnaire?  
 
Switzerland's answer:  
SECO conducted two surveys, one with importers and one with exporters . The survey with 
importers confirmed that companies are not sufficiently informed about the conditions that must 
be met in order to benefit from FTAs . See also the following publication: 
https://dievolkswirtschaft.ch/fr/2021/10/accords -de-libre-echange -les-importateurs -paient -trop
-de-droits -de-douane/ . 
The survey with exporters is currently been evaluated by SECO.  
 
Question 9:  
What is Switzerland's target FTA utilization rate increase ? How will the increase in FTA utilization 
be achieved?  
 
Switzerland's answer:  
Switzerland does not have a target FTA utilization rate . By concluding FTAs, Switzerlan d aims to 
ensure stable and easy access to foreign markets for the Swiss economy and to improve the 
framework conditions in economic relations with economically important partners . In this regard, 
Switzerland initiated  extensive work to identify the factor s that lead to incomplete use of FTAs . 
The aim is to identify measures to further increase the use of FTAs, especially for products with 
high tariff saving potential.  
 
Question 10:  
How does it plan to address the concerns raised by importing companies?  
 
Switzerland's answer:  
Switzerland is currently evaluating measures to increase the use of FTAs for importing and 
exporting companies . Switzerland will unilaterally eliminate applied import duties for industrial 
products as of 1  Januar y 2024. This will further facilitate imports into Switzerland.  
Page 44, p aragraph  2.25 
 
The RTA between EFTA and the Philippines entered into force on 1 June 2018, at which point 
Switzerland and Liechtenstein abolished customs duties on all imports of non -agricultural products 
and some imports of agricultural products . There are 1,491 agricultural tariff lines (at the 8 -digit 
level) that remain dutiable.  
 
Question  11: 
What are the benefits of the EFTA -PH Agreement to both Switzerland and Liechtenstein?  
 
Switzerland's answer:  
The FTA enables Switzerland to strengthen economic and trade relations with the Philippines . It 
improves access for Swiss goods and services to the Philippine market, which offers significant 
growth potential ; it facilitates trade, strengthens the protection of intellectual property, generally 
improves legal certainty for economic exchanges and contributes to sustainable development . It 
also makes it possible to anticipate, in part, potential discrimination on the Philippine market 
resulting in particular from a possible future FTA between the Philippines and the EU and the 
possible accession of the Philippines to the TPP.  
 
 WT/TPR/M/425/Add.1  
 
- 81 - 
 
Question 12:  
Can you share any difficulties that  Switzerland and Liechtenstein face in acces sing PH markets ? 
How do you think PH can better improve/address these difficulties?  
 
Switzerland's answer:  
The EFTA -PH FTA works generally well . A delayed entry into force of the agreement led Swiss 
exporters to request retroactive reimbursement of unduly collected customs duties . Both parties 
are currently dealing with this difficulty and Switzerland remains confident that it will be solved in 
the near future.  
III. TRADE POLICIES AND PRACTICES BY MEASURE  
Page 55, p aragraph  3.1 
 
Since 1 January  2022, the Federal Office for Customs and Border Security (FOCBS) has been 
implementing customs procedures in Switzerland ; it replaced the Federal Customs  
Administration (FCA) . Customs is undergoing a digital and organizational transformation  
from 2018 to 2026 under the DaziT framework, the objective of which is to meet future challenges 
of increased traffic and trade as well as to take advantage of digitalization opportunities . Benefits 
are expected to include reduced regulatory costs, more effi cient collection of receipts, and 
increased security through effective controls . Certain concrete trade facilitation initiatives have 
already been undertaken (see below).  
 
Question  13: 
What measures do the government undertake to fully integrate exporters,  especially MSMEs in a 
digitalized customs procedure?  
 
Switzerland's answer:  
Le nouveau système de circulation des marchandises PASSAR est indépendant . Pour avoir accès 
à Passar, il est nécessaire de s'enregistrer en tant que partenaire commercial sur l'ePortal . La 
déclaration des marchandises et des moyens de transport peut être effectuée soit via une interface 
B2B, soit via une application web mise à disposition par l'OFDF . Les entreprises peuvent définir 
elles-mêmes le degré d'intégrat ion souhaité.  
 
En plus : L'OFDF a créé un pool de PME afin que les besoins concrets des PME soient pris en compte 
dès le début du développement: Formalités douanières trop complexes pour les PME?  
(https://www.bazg.admin.ch/bazg/fr/home/actualites/forumd/fuer -fachleute/kmu -pool.html ). 
Question 14:  
What are the challenges faced by the government during this transition process ? How does the 
government address t hese challenges ? Please elaborate.  
 
Switzerland's answer:  
Contrairement aux transitaires et aux prestataires de services logistiques, de nombreuses PME 
sont moins familiarisées avec les processus douaniers et les actes législatifs douaniers en vigueur, 
car le dédouanement ne fait généralement pas partie de leurs tâches principales . En outre, les 
PME sont souvent soumises à une pression plus forte en termes de coûts et de délais que les 
grandes entreprises . Avec le Pool PME, l'OFDF a créé un inst rument qui permet d'associer les PME 
au développement des nouveaux processus douaniers en fonction de leurs besoins, tout en 
garantissant une information et une sensibilisation en temps utile de la part de l'OFDF en ce qui 
concerne les changements à venir.  
 
Page 107, p aragraph  3.184  
 
In 2019, Swiss citizens voted in favour of the Federal Act on Tax Reform and AHV Financing, which 
introduced as from 1 January  2020 the cantonal "patent box" regime, which provides tax 
reductions for qualifying IP income and associated local R&D costs . The goal is to maintain and 
enhance the attractiveness of Switzerland as a hub for R&D -intensive industries . However,  
in 2016 Liechtenstein eliminated the IP box regime foreseen in its fiscal code, which applied only 
to compani es that carried out R&D work primarily in Liechtenstein as it was considered that the 
previous regulation was incompatible with Action 5 harmful tax practices included in the Base 
Erosion and Profit Shifting (BEPS) of the OECD.  WT/TPR/M/425/Add.1  
 
- 82 - 
 
 
4 See: https://www.ig e.ch/en/intellectual -property/sme -portal . 
5 See: https://www.ige.ch/en/services/training -and-courses . 
 Question  15: 
How effective was the patent box regime in Switzerland?  
 
Switzerland's answer:  
 
The first year in which a possible tax reduction based on the new patent box legislation could be 
claimed was 2020 . Since the initial application of the patent box rules required a dditional effort 
on the part of the companies, these tax declarations were received only towards the end  
of 2021 . The cantonal tax offices are currently in the process of reviewing these tax declarations . 
It is therefore still too early to make any remark s as to how the system is operating in practice.  
 
Page 110, p aragraph  3.193  
 
During the review period, Switzerland actively participated in the TRIPS Council discussions on, 
inter alia, supporting micro, small and medium -sized enterprises (MSMEs) to take advantage of 
IPRs for their business activity, and co -sponsored several initiatives such as the promotion of 
public -private collaborations in IP innovation and commercialization and the societal value of IP 
in the new econ omy. 
 
Question  16: 
Can Switzerland and Liechtenstein provide information on their best practices in promot ing IPRs 
to their MSMEs?  
Switzerland's answer:  
The Swiss IP office offers several services that help MSMEs to manage and make the most of their 
IP. The most prominent of these services are the assisted patent searches . For CHF 300, a Swiss 
SME or academic institution can meet with a patent expert for half a day to search an invention 
and obtain a first impression as to whether such invention may be pat entable . Other services 
include a special SME IP homepage4 (https://sme.ipi.ch/ ) with tailor -made information on IP and 
SMEs, the IP Advisory Network, which provides free initial consultation on issues relating to paten t 
protection and software copyright protection . Another example is our training department5 
(https://www.ige.ch/en/services/training -and-courses ), which offers various courses explicitly 
tailored to the needs of SMEs.  
The Swiss IP office cooperates closely with institutions dealing with SMEs, such as regional 
innovation promotion agencies, chambers of commerce, (patent) attorneys, etc., as these 
"intermediaries" know the relevant needs of SMEs very well.  
 
Page 111, p aragraph  3.196  
 
After seven years of legislative work, the Federal Assembly adopted on 2 7 September  2019 a 
revision of the Swiss copyright law . The revised Copyright Act strengthens the rights of cultural 
creators and the cultural economy . In addition to measures against online piracy, it extends the 
term of protection for performers and producers from 50 to 70 years and also brings important 
innovations for photographers, namely the protection of all photographs, both anal ogue and 
digital, whether they are professional or amateur photographs . The criterion of individuality is no 
longer a prerequisite for copyright protection for photographs . The extension of the protection of 
photographs is one of the most important changes  in the revised law . The revised Copyright Act 
facilitates access to works, for example, through an index privilege, a regulation on the use of 
orphan works, and an exception for scientific purposes in relation to the use of text and data 
mining technologi es. Along with the revision, the Federal Assembly also approved two WIPO 
agreements : the Beijing Treaty on Audiovisual Performances and the Marrakesh Treaty to 
Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise 
Print Disabled . The revised Copyright Act entered into force on 1 April 2020. 
 
Question  17: 
Can Switzerland provide more information on the new regulation as regard the use of orphan 
works and the new exception for text and data mining?  
 WT/TPR/M/425/Add.1  
 
- 83 - 
 
Switzerland's answer:  
The revised provision on orphan works applies to all kinds of orphaned works which have Swiss 
ties and which are physically located in the collections of memory institutions (e.g. libraries and 
museums) . The aim of this provision is to prevent works, which are culturally and historically 
important for Switzerland, from falling into oblivion due to lack of use . The use of orphan works 
is subject to remuneration . This ensures that rights owners, who were initially unidentif ied or 
untraceable but are later identified or make themselves known, receive remuneration for previous 
uses of their works . In such cases, the work ceases to be orphaned and any new use requires the 
consent of the rights owner.  
The new exception for scien tific purposes explicitly allows the automated creation of work copies 
that are necessary for analysis by text and data mining techniques . No remuneration is due for 
such use, since the data that lies at the core of such use is not protected, per se, by co pyright . 
This provision applies to works to which researchers have lawful access, e.g. where a copy of the 
work has been acquired by the researcher or is available from a library.  
 
Page 112, p aragraph  3.199  
 
As regards services, under the 2017 "Swissness l egislation" a company can offer Swiss services 
as long as its headquarters are located in Switzerland and the company is actually administered 
from Switzerland . Exceptions apply with respect to subsidiaries of Swiss parent companies.  
Question  18: 
Can Switzerland further expound on the "Swiss service" mentioned in this paragraph?  
 
Switzerland's answer:  
Services, like goods, have a geographical origin . The Swissness legislation sets the legal criteria 
for establishing the Swiss origin of a service . According to this legislation, a company may promote 
its services as being Swiss, provided that its headquarters are situated in Switzerland and that 
the significant activities of the company and the significant decisions, which have a direct influence 
on the c ompany, are taken at the place of the actual headquarters.  
 
Page 113, p aragraph  3.203  
 
In addition to the creation of the geographical mark, the "Swissness legislation" also introduces a 
new register for GIs for non -agricultural products, similar to the ex isting register for agricultural 
products and processed agricultural products maintained by the FOAG, which will permit the 
registration of GIs for goods such as watches and textiles . The new register will be maintained by 
the FIIP.  
 
Question  19: 
Does the new register on GIs for non -agricultural products cover only limited products (watches 
and textiles) ? If so, are there plans to expand the covered list?  
 
Switzerland's answer:  
The register for non -agricultural GIs, established in 2017, covers any product that is not covered 
by the register for agricultural and processed agricultural products (including forestry products).  
IV. TRADE POLICIES BY SECTOR  
Pages 116 -117, p aragraphs  4.1, 4.3, 4.4, 4.5, 4.6, 4.9 and 4.10  
 
Question  20: 
Consistent with the System of National Accounts of other countries, the accounting and reporting 
of Switzerland's forestry's contribution to the economy is lumped together with those of agriculture 
and fisheries sectors (para graph  4.1). According to the World Bank's collection of development 
indicators, forest area (% of land area) in Switzerland was reported at 32.12% in 2020 . Another  
source, ( https://knoema.com/atlas/Switzerland/topics/Land Use/Area/Forest area ) states that 
forest area of Switzerland increased from 12,000  km2 in 2001 to 12,691  km2 in 2020 gr owing at 
an average annual rate of 0.29% . These imply that there are important considerations why said 
country is putting so much importance in placing so much land under forest cover . Yet, the 
discussions presented in the cited paragraphs above do not con tain anything about forestry 
activities and forestry related policies and legislation . For example, the Timber Forecast WT/TPR/M/425/Add.1  
 
- 84 - 
 
Questionnaire of the United Nations Economic Commission for Europe (UNECE) estimated that  
in 2020, the country produced 1.85  million  m3 of coniferous logs, of which 345  thousand  m3 were 
exported . It also estimated that imports of the same amounted to 55  thousand  m3 which means 
that Switzerland has an apparent consumption of 1 .56 million  m3 of said product that can be 
turned into other val ue-added wood -based products . The question is, with the absence of forestry 
activities and policies in the Secretariat Report, does it mean that its contribution is so insignificant 
that it does not merit attention in the document?  
 
Switzerland's answer:  
The Secretariat is solely responsible and has full flexibility in choosing and structuring the topics 
it wishes to cover in the Secretariat report . As such, the WTO Secretariat is in a better position 
than Switzerland to address the q uestion.  
Question 21:  
Paragraph 4.10 states that the food supply industry has significant carbon footprint  
generating 23% of greenhouse gas (GHG) emissions of the whole economy in 2018 . Based on the 
extent of forest cover in Switzerland, it can be surmise d that it has substantial carbon 
sequestration capacity . The questions are : 1) Is the food supply industry a subset of the 
agriculture sector ; 2) If yes, since the report lumped forestry and agriculture together, is the 
figure of 23% already net of carbon sequestration potential of the lumped sectors?  
Switzerland's answer:  
 
The emissions of the food supply industry include agricultural emissions . The 23% could only be 
right if agricultural emissions were a subset, as agricultural emissions are 12% of total Swiss 
emissions . Further, agricultural emissions are neither in this report nor in the GHGI lumped with 
forestry . Forestry is a large net sink of 1.6  million  tons per year versus 6  million  tons per year 
emissions from agriculture.  
 
Page 116, p aragrap h 4.2 
 
In the context of this Review, the authorities indicate that Switzerland's agriculture tends to be 
uncompetitive internationally due to its high production costs, mainly with high labour costs . In 
addition, they note that Switzerland's small agricul tural land per inhabitant leads to a low degree 
of self -sufficiency (approximately 55%) . As a consequence, Switzerland relies on budgetary 
support measures to ensure a certain level of domestic production.  
 
Question  22: 
What measures were undertaken by the government to address the issues on its agricultural 
sector?  
 
Switzerland's answer:  
Enhanced competitiveness, ensuring food security and providing positive externalities are goals 
of the current agricultural policy . Switzerland's agricultural policy is oriented towards a long -term 
strategy and built upon stable, foreseeable and coherent conditions for farming which permits 
mid- and long -term improvements of competition parameters such as efficiency and effectiveness 
of the sector as a whole.  
 
Question 23:  
Please expound on the  budgetary support measures which the government implements.  
 
Switzerland's answer:  
Current agricultural policy follows three pillars of budgetary support.  
Pillar 1 direct payment system that compr ises several categories of payments, each targeted to a 
specific policy objective;  
Pillar 2 quality and sales promotion with instruments that create framework conditions that enable 
Swiss agriculture to achieve the highest possible added value on domestic and foreign markets 
through sustainable and high -quality production;  
Pillar 3 contained of structural improvement and social measures that aim to promote rural 
development as a long -term process.  
 
 
 WT/TPR/M/425/Add.1  
 
- 85 - 
 
Page 117, p aragraph  4.10 
 
The food supply industry in Switzerland has a significant carbon footprint . In 2018, it was 
responsible for 23% of greenhouse gas (GHG) emissions generated by the economy as a whole . 
In addition, the largest share of total methane and nitrous oxide emissions were caused b y 
agriculture, in particular from livestock farming and fertilizer use . During the review period, 
Switzerland increased efforts to further integrate sustainability measures into sectoral policies, 
including in agriculture . Furthermore, in June 2021, the Fe deral Council adopted  
its 2030 Sustainable Development Strategy, which sets out the path Switzerland intends to take 
to implement the UN 2030 Agenda for Sustainable Development . The Strategy is an instrument 
to coordinate and increase coherence between po licies to make sustainable development a core 
component of the numerous federal sectoral activities . The Federal Council in particular highlights 
the need for a food systems transformation through its priority area "sustainable consumption 
and production",  which includes four objectives related to healthy and sustainable diets, 
consumption modes with regard to the reduction of GHG emissions, sustainable agricultural 
production, and reduction of food losses and waste.  
 
Question  24: 
Could Switzerland share information on efforts taken during the review period to further integrate 
sustainability measures into sectoral policies?  
 
Switzerland's answer:  
The action plan 2021 -2023 (available online in French, German and Italian:  
https://www.are.admin.ch/dam/are/fr/dokumente/nachhaltige_entwicklung/publikationen/aktio
nsplan2021 -2023.pdf.download.pdf/Plan%20d%E2%80%99action%202021 -2023%20relatif%2
0%C3%A0%20la%20Strat%C3%A9gie%20pour%20le%20d%C3%A9veloppement%20durable
%202030.pdf ) includ es details on specific measures in different policy areas corresponding to all 
priority themes of the 2030 Sustainable Development Strategy (2030 SDS, available in English 
(https://www.are.admin.ch/are/en/home/sustainable -development/strategy/sds.html )) and  
all 17 SDGs . Concerning food and trade it includes amongst others : developing an action plan on 
food waste, updating the climate strategy for agriculture and f ood, defining the baseline for the 
amount of farms producing particularly environment - and animal friendly and convening dialogues 
for a sustainable food system . In 2024 a new action plan with new measures will be implemented 
with a duration of three years until 2027.  
 
Question 25:  
Since the implementation, what is the effect of these particular efforts on the country's overall 
carbon footprint as well as at the sectoral level?  
 
Switzerland's answer:  
The 2030 SDS has been adopted by the Federal Council  in June 2021. Since the implementation 
of the action plan 2021 -2023 is ongoing, it is at the moment not possible to identify direct 
causalities between 2030 SDS's policy actions and the reduction of Switzerland's overall reduction 
of its carbon footprint until today.  
 
Page 118, p aragraph  4.11 
 
On 2 7 January  2021, the Federal Council adopted the Long -Term Climate Strategy for 
Switzerland, whose target for the agricultural and food sector is to bring the GHG footprint of the 
food sector in line with the net-zero target and to avoid any further transfers of GHG emissions 
abroad by 2050. According to the Strategy, by 2050, GHG emissions from domestic agricultural 
production are to be at least 40% below 1990 levels and Swiss agriculture should contribute at 
least 50% to the country's food supply.  
 
Question  26: 
What are the measures or initiatives implemented by Switzerland to meet its targets of GHG 
emission reduction for the agricultural and food sector ? Are there any unintended outcomes and 
how did the Swit zerland government address these?  
 
Switzerland's answer:  
In response to the Paris Agreement, the Federal Council adopted the long -term climate strategy 
for Switzerland on 2 7 January  2021. The long -term climate strategy shows how greenhouse gas WT/TPR/M/425/Add.1  
 
- 86 - 
 
emissions in Switzerland can be reduced in order to achieve the net -zero target . The strategy 
defines strategic goals for the individual sectors . By 2050 greenhouse gas emissions from 
domestic agricultural pro duction need to be reduced by at least 40 % compared  
to 1990 . Additionally, the greenhouse gas footprint of food should be decreased in line with the 
net-zero target by the promotion of sustainable food systems . Both objectives prevent a shifting 
of greenh ouse gas emissions abroad.  
By taking a systemic perspective, synergies and trade -offs of this development are monitored 
regularly, policies are adjusted if necessary, thus the risk of unintended results is minimized.  
Page 118, p aragraph  4.14 
 
On 6 Septembe r 2017, the Federal Council adopted the Action Plan for Risk Reduction and the 
Sustainable Use of Plant Protection Products. The Action Plan seeks to reduce such risks and 
encourage alternatives to chemical phytosanitary protection, by improving existing m easures and 
introducing new ones . Fifty-one concrete measures are identified to achieve these goals, of  
which 29 were fully implemented at the end of 2021. Since the Action Plan's adoption in 2017, a 
progress report is published on an annual basis with a brief description of the status of 
implementation of all measures.  
 
Question  27: 
Up to what extent does Switzerland require the conformity with measures mitigating/reducing the 
risk and sustainable use of plant protection products on imported agricultural and food products?  
 
Switzerland's answer:  
The measures of the action plan concern only Swiss production . There are no measures for 
imported agricultural and food products.  
 
Page 120, p aragraph  4.25 
 
A similar tariff mechanism exists for MFN sugar imports . It was introduced following Switzerland's 
bilateral agreement with the European Union on processed agricultural products (2005), which 
provides for bilateral free trade in sugar -containing products . Under the mechanism, Switze rland 
aims at approximate price parity with EU sugar prices in order not to hamper the competitiveness 
of the Swiss food industry . MFN tariffs are examined, normally every month, and adjusted if 
necessary, so that duty -inclusive reference prices are aligne d with EU sugar market prices (with 
a tolerance band of more or less than  CHF 30 per tonne) . In 2019, a minimum border protection 
of at least CHF 70 per tonne of sugar came into force for the period  
from 1 January  2019 to 3 0 September  2021. On 3 November  2021, the Federal Assembly decided 
to maintain the current minimum border protection until 2026 (Section 4.1.3.4) . In addition, it 
decided to maintain the current support measures for organic sugar beet farming.  
 
Question  28: 
While the goal of protecting l ocal sugar farmers is common for both countries, the Philippines tariff 
mechanism is less complex than what is being implemented in Switzerland . Switzerland's 
mechanism is also advanced as it extends even to sugar -containing products . What is the 
institutional mechanism established by Switzerland which enables it to monthly adjust MFN tariffs 
for sugar and sugar -containing products, estimate reference or parity prices and determine how 
much minimum border protection to impose?  
 
Switzerland's answer : 
The border protection for sugar results from the difference between EU and world market prices . 
In view of the low world market prices, Parliament decided to prolong the temporary continuation 
of the minimum border protection . The modalities for assessin g border protection for sugar are 
regulated in Article 5 of the Agricultural Import Ordinance 
(https://www.fedlex.admin.ch/eli/cc/2011/770/fr ). 
 
Question 29:  
Considering that this measure affects the competitiveness of Swiss food and beverage 
manufacturing companies which heavily use sugar, how does the Swiss government manage 
complaints/dissatisfaction (if any)?  
 
 WT/TPR/M/425/Add.1  
 
- 87 - 
 
Switzerland's answer:  
The impact on the competitiveness of Swiss food and beverage manufacturing companies has 
been part of the political debate that preceded the introduction of this measure . In the end, 
Parliament decided to give greater weight to other factors and adopted the measure.  
 
Page 1 20, p aragraph  4.27 
 
Switzerland levies seasonal tariffs on 95 agricultural products (unchanged since 2016), all of which 
are fresh fruit, vegetables, or cut flowers . The seasonal tariffs are applied in combination with 
tariff quotas for most domestically p roduced fruit and vegetables.  
 
Page 121, p aragraph  4.30 
 
No tariff quotas are opened during the harvest season if domestic supplies are sufficient to satisfy 
demand ("full supply period") . In this case, imports in unlimited quantities are allowed at reduced 
out-of-quota tariffs . The periods when reduced out -of-quota tariffs are applicable are published 
on the FOAG's website or by means of circular letters . The reduced out -of-quota tariffs are set out 
in the Ordinance on Imports of Agricultural Product s (RS 916.01) and published in the Tares . 
Clearances at the reduced out -of-quota rates are carried out at the request of the declarant . These 
reduced rates are not included in the Secretariat's tariff analysis, since Switzerland notifies its 
MFN tariffs to  the WTO Integrated Database as applied on 1 January  of each year.  
 
Question  30: 
Related to the prior question, what is the institutional mechanism established by Switzerland in 
regularly determining whether there is sufficient local demand?  
 
Switzerland's answer:  
With regard to the cut flower sector, the tariff quota is not administered and therefore imports 
within the quota can occur in unlimited quantities at the in -quota tariff . Local demand is thus no 
longer registered . With regard to fres h fruits and vegetable, the local demand is established on 
the basis of previous years and according to a monitoring of the private sector.  
 
Page 122, p aragraph  4.37 
 
The level of direct payments to farms remains relatively high in Switzerland . According t o the 
OECD, they account for around 50% of support to farmers . Most are general area payments to all 
agricultural land, payments to maintain farming in less favourable conditions, and payments to 
farmers who voluntarily apply stricter farming practices rel ated to environmental and animal 
welfare . Direct payments averaged CHF 71,000 per farm in 2020 and contributed on average  
to 21% of farmers' revenues . Under AP 2018 -2021, total direct payments expenditures were 
maintained at a level of about CHF 2.8 billion per year, broadly unchanged from spending under 
the previous four -year plan.  
 
Page 125, p aragraph  4.48 
 
Price support is relatively significant in Switzerland . The OECD estimates that it accounts  
for 50% of total producer support, and domestic prices were on average 46% above world prices 
in 2018 -2020. In addition to tariff rate quotas with high out -of-quota tariffs, Switzerland also 
provides complementary market support measures . Such expenditures mainly support dairy 
producers . In addition, ar ea payments apply to oilseeds, protein crops, grain, and sugar beet.  
 
Question  31: 
Apart from various direct payment schemes for farmers and price support, does Switzerland also 
simultaneously grant tax exemptions?  
 
Switzerland's answer:  
In general, farmers are subject to the same tax laws as all other taxable persons in Switzerland . 
Similar to a few other sectors, fuel taxes are partially refunded to agriculture . The refund is paid 
based on the amount of fuel normally consumed under average conditions per unit of area and 
type of crop (standard consumption).  
 
 WT/TPR/M/425/Add.1  
 
- 88 - 
 
Page 129, p aragraph  4.68 
 
Save for a marginal exploitation of salt, Switzerland is virtually devoid of any mineral resources 
and therefore does not have a mining industry per se . It is, however, a major global hub for 
mineral products trading as explained in the maritime transport section.  
 
Page 129, p aragraph  4.69 
 
There are no mining activities in Liechtenstein.  
 
Question  32: 
Both Switzerland and Liechtenstein have no mining activities given the absence of mineral 
resources . With this scenario, the countries will appear to be reliant on importing mineral products 
to sustain demand . What measures or policies are in place in order to ensure steady supply of 
mineral products at r easonable prices ? Do both countries plan to develop policies toward building 
and/or strengthening the mid to downstream mineral processing given that Switzerland is a major 
global hub of mineral products trading?  
 
Switzerland's answer:  
The IEA is in the pr ocess of establishing a compulsory stockpile system with interested countries . 
Switzerland is not participating because our demand for such raw materials is marginal, according 
to a survey conducted by Obs/Seco after the US approached us on the subject . Swiss companies 
produce high -precision/small devices that require very little raw materials.  
 
Page 137, p aragraph  4.90 
 
In December  2021, the Federal Council submitted for public consultation a new comprehensive 
revision of the CO 2 Law for the period 2025 -2030. This proposed revision contains the following 
main new measures : (i) funding for removing fossil heating systems ; (ii) lowering of the emission 
ceilings for new cars and new trucks sold on the Swiss market to be similar to th e ceilings applied 
by the European Union ; (iii) funding for new charging infrastructure for electric vehicles ; (iv) 
blending obligations for aviation fuel suppliers similar to the obligations applied by the European 
Union ; (v) crediting of carbon capture a nd storage in the emissions trading scheme ;  
and (vi) reporting requirements of the financial risks of climate change for the Swiss National 
Bank (SNB) and the financial supervisory authority . Contrary to the version of the CO 2 law that 
was rejected in June 2021, the new draft submitted by the Federal Council in December does not 
provide for new taxes.  
 
Question  33: 
What is the rationale for the proposed revisions of the CO 2 Law? By how much will the CO 2 
emissions be reduced with these measures in place?  
 
Switzerland's answer:  
The purpose of the proposal submitted for public consultation is to halve greenhouse gas emissions 
by 2030 and thus achieve the 2030 climate target . The Federal Council is dispensin g with 
instruments that contributed to the rejection of the last revision (e.g. the tax on airplane tickets) . 
The new CO2 Law is based on supplementing the existing CO2 tax with effective incentives as well 
as targeted promotion and investment, and on supp orting ongoing developments . The focus is on 
measures that enable the population to reduce CO2 emissions in everyday life.  
 
Page 137, p aragraphs  4.92 and 4.93  
 
From a geographical and technical point of view, Switzerland is deeply integrated in the Europea n 
electricity network . The electricity flows passing through its borders exceed the country's 
production and consumption . Switzerland is third to Germany and France in its importance as a 
major electricity transit country . Switzerland's extensive hydro -pumped storage and reservoir 
capacity are of strategic importance to the European Union . The country is instrumental in 
supporting the growing share of variable renewable electricity in Europe and contributing to 
ensuring grid stability by offering b alancing services.  
 
Still, there is no formal agreement between the European Union and Switzerland on electricity 
and, according to the authorities, conclusion of such an agreement is unlikely in the foreseeable WT/TPR/M/425/Add.1  
 
- 89 - 
 
future, as negotiations on an Institutional Framework Agreement (IFA) ended unsuccessfully in 
May 2021 and the European Union had made the Electricity Agreement conditional on the IFA.  
 
Question  34: 
Does Switzerland plan to still pursue an electricity agreement with the European Union?  
 
Question 35:  
If not, what are its plans to secure long -term energy supply as it phases out nuclear power, a 
known baseload energy source?  
 
Question 36:  
Switzerland's extensive hydro -pumped storage and reservoir capacity are of strategic importance 
to the E uropean Union . However, according to the report, there is no formal agreement between 
the European Union and Switzerland on electricity . How does the government of Switzerland 
address this scenario and how do they address it?  
 
Switzerland's answer:  
The Swiss Federal Council reiterates Switzerland's interest in continuing the bilateral approach 
with the EU so as to maintain good, stable and mutually beneficial relations.  
In order to ensure a good level of electricity security of supply also for the future  Switzerland 
intends to rely on several pillars : energy efficiency, ramping up of renewable production, increase 
of storage capacities and strategic reserves for emergency situations.  
 
Page 145, p aragraph  4.124  
 
The contribution of manufacturing in total e mployment declined during the period under review 
from 15.8% in 2015 to 15.4% in 2020 (Table 4.15) . The largest employers after pharmaceuticals 
are the subsectors of computer, electronic and optical products ; watches and  
clocks (2.6% in 2020), followed by  metal products (2.2% in 2020), and food and tobacco  
products (1.9%).  
 
Question  37: 
Are there any specific Swiss policies which aim to increase the contribution of the manufacturing 
sector to total employment?  
 
Switzerland's answer:  
Switzerland does not pursue an industrial policy in the sense of promoting certain sectors . The 
best "industrial policy" is strengthening competition by stimulating competition in the internal 
market and opening up the economy . Economic policy focuses therefore on improvin g the general 
framework conditions in a sector -neutral and technology -neutral way . This includes a flexible 
labour market, the protection of private property rights ; investment in education, skills, basic 
research and high -quality infrastructure as well as  the provision of low taxes, entrepreneurial 
freedom and low administrative burdens.  
 
Page 147, p aragraph  4.136  
 
The Federal Commission on Communications (ComCom) acknowledged in May 2021 that by 
international standards the prices of mobile telecommunications remained among the highest, 
though the gap tends to narrow with other OECD countries.  
 
Question  38: 
How did the Federal ComCom address the high prices of mobile telecommunications in 
Switzerland ? Were there any policies/laws being implem ented to lower the price ? BOI would like 
to request a copy, if any, for reference.  
 
Switzerland's answer:  
Dans un marché libéralisé, les tarifs de gros sont une composante essentielle des prix de détail 
facturés pour la prestation des services de télécommu nication . En matière de réglementation de 
l'accès (y compris l'interconnexion), on relèvera que la Suisse applique un régime dit ex post . 
Concrètement, cela signifie que le régulateur – à savoir dans le cas précis la Commission fédérale 
de la communication ou ComCom – ne peut intervenir sur le marché de gros qu'à la demande 
d'un fournisseur de services de télécommunication et uniquement pour la détermination des WT/TPR/M/425/Add.1  
 
- 90 - 
 
conditions d'accès litigieuses (i.e. prix de gros ou autres modalités d'accès aux infrastructures et 
aux services) dans ce cas précis . Donc, au départ, les tarifs de terminaison sur réseaux mobiles 
sont librement négociés entre les fou rnisseurs de services de télécommunication et c'est 
seulement si les deux parties à la négociation ne parviennent pas à s'entendre et que l'une d'entre 
elles en fait la demande qu'il reviendra à la ComCom de fixer les conditions d'accès, et ce après 
avoir consulté les autorités en charge de la concurrence . On relèvera que de telles demandes sur 
le marché de gros mobile sont rarissimes et qu'aucune n'a débouché sur la fixation de prix de gros 
mobiles par la ComCom depuis la libéralisation survenue le 1er janvier 1998 . Pour que le régulateur 
puisse directement intervenir sur des prix jugés trop élevés, il faudrait changer la réglementation 
et adopter une approche de type ex ante ou ex officio.  
 
Par ailleurs, le régulateur ne dispose d'aucun instrument lui perm ettant d'intervenir sur les prix 
des communications mobiles exigés sur le marché de détail . On remarquera également que la 
prise en compte de la parité de pouvoir d'achat donne une image un peu plus nuancée de la 
situation.  
 
Page 149, p aragraph  4.139  
 
In terms of market structure, the market is mature, and there has been little change both in terms 
of market shares and of actors, foreign ownership and state ownership, save the take -over of 
Orange by NJJ Capital in 2015 and its renaming as Salt . The trend t owards a switch from prepaid 
offers to contracts also continued during the period under review as the proportion of users with 
contracts reached 75% in 2020 from 56% in 2010.  
 
Question  39: 
BOI notes that Switzerland has two (2) telecom companies that are 100% foreign owned . It may 
be noted that the Philippines recently amended the Public Service Act that allows 100% foreign 
ownership in telecommunications, railways, subways and airlines.  
 
Based  on the experience of Switzerland, please describe the effect of the liberalization of the 
telecoms market on the overall service quality and competitiveness in the sector . What are the 
advantages/disadvantages?  
 
Switzerland's answer:  
En libéralisant le marché des télécommunications, le législateur est parti du principe que le marché 
était plus à même qu'un monopole d'Etat d'assurer aux particuliers et aux entreprises des services 
de télécommunication variés, avantageux, de qualité et conc urrentiels . Vingt-cinq ans après la 
libéralisation complète du marché, ce postulat s'est révélé tout à fait correct et aucun désavantage 
particulier n'a été identifié . Au contraire, l'on ne peut que se réjouir des avantages de la 
libéralisation . Les infras tructures ont été déployées grâce aux investissements réalisés par 
plusieurs acteurs privés et publics et la concurrence s'est mise en place puis s'est développée, 
entraînant tout un cortège d'effets positifs : offres nombreuses et diversifiées satisfaisant  mieux 
les besoins des consommateurs, baisse substantielle des prix et amélioration de la qualité . La 
demande étant au rendez -vous, un cercle vertueux s'est enclenché . L'innovation, à la fois 
technique et commerciale, a été stimulée.  
 
Page 150, p aragraph  4.141 
 
The main regulatory changes stem from the revision of the Telecommunications Law that was 
adopted by the Federal Assembly on 2 2 March  2019 and entered into force  
on 1 January  2021, together with its accompanying ordinances. The main amendments to th e 
telecom regime brought about by this revision are the following:  
 
• To improve traceability in the event of abuses, the provision of value -added services 
with Swiss numbers is now conditioned by the localization of the headquarters in 
Switzerland.  
• More public authorities (e.g. military and competent authorities to carry out searches in 
case of emergency or searches for convicted persons) are now allowed to manage 
telecom facilities aimed at guaranteeing public security (e.g. to fight ag ainst jammers 
and bugs).  
 
 WT/TPR/M/425/Add.1  
 
- 91 - 
 
Questions  40: 
With regard to the revisions of Switzerland's Telecommunications Law, to what extent are public 
authorities able to manage telecom facilities for public security?  
 
Switzerland's answer:  
Based on Article 48a of the revised Telecommunications Act, a revision of the Ordinance on 
Telecommunications Services (OTS ; SR 784.101.1) was sent out for public consultation  
on 3 December  2021. This comprises three sections on the security of the telecommunications 
infrastruct ure. It regulates : 
• Fault reporting  
• Manipulation of telecommunications installations  
• Security of 5G mobile radio networks.  
A second revision stage, which is already being prepared, provides for increased hardening of the 
mobile radio networks against power failures . Based on these revisions and the cooperation of the 
telecommunications service providers with the National Cyber Security Centre (NCSC), which 
already exists today, effective regulation of network security is ensured . This regulation is bas ed 
on corresponding obligations of the telecommunications service providers, and not on the 
competence of the public authorities to directly manage telecom facilities.  
 
Question 41:  
Given that the revisions also include improved traceability, how will prin ciples of privacy and free 
speech be balanced against this?  
 
Switzerland's answer:  
Enhanced traceability with respect to value added services is to be understood in a procedural 
sense and does not involve further processing of personal data in order to tra ce natural or legal 
persons for this purpose.  
The obligation to have a headquarters or a permanent establishment in Switzerland serves to 
ensure that legal action can be taken against a provider of value -added services in Switzerland if 
it infringes Swiss law.  
It goes without saying that providers of value -added services, like all other legal entities, are 
granted all the fundamental rights applicable in Switzerland, including basic principles of 
procedural law, data protection and the right  to free speech.  
 
Page 154, p aragraph  4.151  
 
In terms of market structure, the leading fixed telecom operator is Telecom Liechtenstein AG 
(59% market share in 2020, down from 72% in 2016 for Internet broadband service) . For mobile 
telephones services, the main providers had in 2019 a respective market share of 45% for Salt 
(Liechtenstein) AG/Salt Mobile SA, 34% for Swisscom (Schweiz) AG and 21% for Telecom 
Liechtenstein AG . All mobile providers maintain their own network in Liechtenstein . Swisscom 
(Schweiz)  AG and Salt Mobile SA have a significant number of cross -border customers living in 
Liechtenstein, who subscribe to their Swiss mobile networks (with Swiss number and contracts 
subject to Swiss legislation over which the National Regulatory Authority of L iechtenstein has no 
jurisdiction) . These foreign subscriptions had a market share of 67% in 2020 . Some two thirds of 
all registered enterprises are fully or partly owned by foreigners . Salt (Liechtenstein) AG and 
Swisscom (Schweiz) AG are 100% foreign -owne d. 
 
Page 154, p aragraph  4.158  
 
The regulatory framework for telecommunications has partially autonomously transposed the EU 
Telecoms Package 2009 (Directives 2009/136/EC and 2009/140/EC as well as Regulation  
(EC) 1211/2009) . Currently, Liechtenstein is in  the process of transposition of the European 
Electronic Communications Code EECC (directive (EU) 2018/1972 of 1 1 December  2018) and of 
several delegated legal acts linked to the EECC, such as the Eurorate delegated regulation  
(EU) 2021/654 of 1 8 December  2020. Furthermore, Liechtenstein is currently preparing the 
incorporation of the new Roaming Regulation into the EEA Agreement.  
 
Page 155, p aragraph  4.162  
 
Number portability is a new regulatory feature that was implemented during the period under 
review respectively in 2019 for fixed telephony and in 2020 for mobile numbers, by regulatory WT/TPR/M/425/Add.1  
 
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decision of August  2018 based on the Communications Act after a consul tation procedure that had 
shown that reasons justifying exemptions from portability obligations did not exist anymore.  
 
Page 155, p aragraph 4.166  
The Office for Communications remains the competent national regulatory authority. Regarding 
licensing the 200 6 Communication Act eliminated the licensing system . All activities in electronic 
communication are licence -free; however, a notification to the Liechtenstein Office for 
Communications, the national regulatory authority, is required.  
 
Page 156, p aragraph  4.169 
 
Open Internet and abolition of roaming were instituted in 2015 following EEA transposition 
intervened during the period covered by the previous TPR report . With regulation  
(EU) 2015/2120 and several successive regulations, which are effective  
from 15 June 2017, roaming services at conditions like at home were introduced as  
from 1 5 June 2017, and retail charges for the consumption of regulated retail roaming services in 
excess of any fair use limits were reduced, most relevantly for data roaming  
from EUR 7.7 per gigabyte of data transmitted in June 2017 to currently EUR 2.5 per gigabyte 
(valid from 1 January  2022 to 3 0 June 2022).  
 
Page 156, p aragraph  4.170  
 
Finally, regarding spectrum management, the Liechtenstein Frequency Allocation  
Plan (FAP) c onsists of several parts, including the principles of spectrum management . These 
principles are described with a transparent approach on both national and international levels . 
The integral components of FAP are : frequency ranges and radio interface requir ements, as well 
as comprehensive lists of specific assignments and harmonized frequency ranges . All the relevant 
European Conference of Postal and Telecommunications Administrations or European Commission 
decisions are also listed and referenced in the FAP . 
Question  42: 
Based on the experience of Liechtenstein, how did the 1) liberalization of the telecoms market ; 2) 
EU Telecoms Package 2009 ; 3) roll out of mobile number portability program ; 4) elimination of 
the licensing system ; and 5) EEA transposition that opened the Internet and abolished the roaming 
services, affect the overall service quality and competitiveness in the sector ? Further, how did the 
Frequency Allocation Plan (FAP) affect the overall spectrum management of the country ? What 
may be the disadvantages?  
 
Switzerland's answer:  
 
Pages 156 -157, p aragraph s 4.171 -4.172  
 
4.171 . Switzerland has a sophisticated and mature financial services sector with a developed and 
somewhat concentrated internal market . The sector serves a population with high savings and 
that is very well insured, as well as international clients and markets attracted by Switzerland's 
political stability and the vast array of services proposed by this global financial hub . The share of 
financial services in  GVA and employment declined slightly during the review period, which is 
mainly explained by developments in banking services and securities and stock exchange services . 
More generally, there has been long-term decline in the share of financial services in  GDP since 
the 2008 financial crisis . According to the Federal Council, this can be explained "by the changing 
conditions in the international tax framework and the global wealth management business, the 
contraction of big banks' investment banking busines s and increased pressure on margins caused 
by the low interest rate environment".  
 
4.172 . On 4 December  2020, the Federal Council issued a new strategy for the financial services 
sector that is based on three pillars : innovation, interconnection, and susta inability . To achieve 
these three goals, the strategy defines nine specific areas of action : (i) using the data economy 
for the financial centre ; (ii) integrating new financial market players ; (iii) digitalizing access to 
financial market authorities ; (iv) strengthening the competitiveness of the financial centre ; (v) 
increasing the exportability of Swiss financial services by improving market access  
abroad ; (vi) assisting to shape the international financial system ; (vii) ensuring  WT/TPR/M/425/Add.1  
 
- 93 - 
 
resilience ; (viii) incr easing transparency for sustainable investment ; and (ix) combating financial 
crime.  
 
Question  43: 
Given that the Federal Council issued a new strategy for the financial services sector that is based 
on innovation, interconnection, and sustainability, how did this strategy help mitigate the impact 
of the pandemic?  
 
Switzerland's answer:  
The strategy was issued towards the end of the first year of the pandemic and does not focus on 
mitigating the impact of the pandemic . It is also availab le in English: 
https://www.sif.admin.ch/sif/en/home/finanzmarktpolitik/strategy.html . 
 
Pages 163 -164, p aragraphs  4.195, 4.198  
 
4.195 . The main regulatory changes during the period under review concerning insurance relate 
to consumer protection and to supervision as well as to bilateral relations.  
 
Question  44: 
BOI would like to inquire on the other strategies used by Switzerland to increase insurance 
inclusion, especially for the most vulnerable sectors affected by the COVID -19. 
 
Switzerland's answer:  
Recent reforms in the area of insurance regulation are not related to the pandemic . Switzerland 
does not persue specific strategies to further increase private insurance inclusion , which is 
generally high in Switzerland . During the early stage of the pandemic there were some issues  
regarding insurance policies that covered epidemics but not pandemics . Some insurers took over 
costs of previously insured policy holders as a gesture of goodwill . However, an eventual court 
ruling came to the conclusion that the exclusion of pandemics wa s justified . Analyses and 
discussions have subsequently been conducted on creating a pandemic insurance for companies . 
However, the concept was not further persued . Owing to the limited potential to diversify such 
risks, such an insurance would only be fea sible if it were mandatory.  
Coverage of some social (i.e. public) insurance systems was temporarily widened during the 
pandemic (e.g. unemployment insurance), but this does not relate to the regulatory reforms on 
private insurances covered by the chapter i n question.  
 
Page 167, p aragraph s 4.221 -4.223  
 
4.221 . In September  2020, the Federal Assembly adopted the Federal Act on the Adaptation of 
Federal Law to Developments in Distributed Ledger Technology (DLT), which is a blanket law that 
triggered adaptations  in 10 different laws . The three main changes brought about by this law  
are: (i) the Swiss civil law is amended to allow for a new ledger -based security that provides legal 
certainty for issuing and transferring securities on the blockchain ; (ii) the Swiss insolvency law is 
amended to provide for a claim for surrender of crypto -based assets in case of bankruptcy ;  
and (iii) the introduction of the DLT Trading facility as a new authorization type in Swiss financial 
markets supervisory law.  
 
4.222 . The so-called fintech -licence (officially named "person according to Article 1b Banking 
Law") entered into force on 1 January  2019. It defines the holders of these licences, whom it 
assimilates mutatis mutandis to banks, as "persons principally active in the fi nancial service sector 
and who (a) accept professionally public deposits up to CHF 100 million  or crypto assets  
designated by the Federal Council and (b) neither invest nor remunerate these assets". The 
Federal Council has designated crypto -assets as part of the larger DLT legislation, more specifically 
in Article 5 a of the Banking Ordinance . Typically, institutions under the fintech -licence are active 
as payment service providers (including the issuing of debit cards) . These payment services can 
be offered  to retail customers as well as on a B2B basis (i.e. payment services for SMEs) . 
Institutions under the fintech licence are subject to substantially similar requirements as banks 
regarding anti -money laundering and terrorist financing.  
 
4.223 . During the l icensing process, FINMA evaluates requirements such as adequate 
organization, qualification and reputations of management (fit and proper), corporate governance, 
risk management and compliance (including separation of functions), safekeeping of the deposit s, WT/TPR/M/425/Add.1  
 
- 94 - 
 
 
6 Federal Council adopts dispatch on Financial Market Infrastructure Act (admin.ch)  
7 Federal Council adopts dispatch on Financial Services Act and Financial Institutions Act (admin.ch)  and fulfilling of capital requirements . A further focus is laid on mitigation of conflicts of interest . 
Capital requirements for institutions under the fintech licence are intentionally kept simple . The 
minimum capital amounts to 3% of the deposits or a t least CHF 300,000. The capital must be fully 
paid in and is to be held continuously . In specific cases, FINMA may require additional capital.  
 
Question  45: 
 
What were the determinants for the country's legislature to amend the Financial Market 
Infrastructure Law, the Financial Services Law, the Code of Conduct, and the FATCA?  
 
Switzerland's answer:  
 
Financial Market Infrastructure  Act: The main motivation for this act was to adjust the regulation 
of financial market infrastructures and derivativ es trading in line with market developments and 
international requirements  in order to safeguard  financial stability and the international 
competitiveness of the Swiss financial sector.6 
 
Financial Services Act : Aside from creating uniform competitive conditions and strengthening the 
competitiveness of the Swiss financial centre, the Act serves primarily to improve client 
protection .7 
 
Code of Conduct on Due Diligence for Banks of the Swiss Bankers Association : This strict 
self-regulation h as been introduced to combat money laundering and terrorist financing long 
before the introduction of AML/CFT legislation in Switzerland . It is regularly revised together with 
the AML/CFT Ordinance of the FINMA . These two regulations have for example been amended in 
2020 to implement recommendations from the forth FATF mutual evaluation report on 
Switzerland.  
 
FATCA : This is a United States act and we have thus no information on its determinants . The 
administrative and financial burden associated with the i mplementation of FATCA is considerable 
for foreign financial institutions . The FATCA agreement reduces this burden as it makes provision 
for administrative simplifications for Swiss financial institutions.  
 
Question 46:  
What are the financial licenses and requirements for tech companies before they are allowed to 
conduct financial services business ? Additional information on Switzerland's best practices in the 
Fintech sector including blockchain and crypto -base assets would also be appreciated.  
 
Switzerland's answer:  
Switzerland does not have specific requirements only for tech companies when conducting 
financial services business in or from Switzerland . Instead, Swiss regulation is based on a "same 
business, same risks, same rules" principle, meaning that any company conducting financial 
services business (e.g. banking, insurance) in or from Switzerland is subject to the same set of 
standards and rules . Where de -minimis thresholds apply for certain regulated activities, large tech 
companies may require a prudential license from the outset based on their existing customer 
base. Switzerland takes the same approach to fintech and blockchain wherever  
possible, i.e. applying the existing rules where the material risks are comparable (e.g.  custody as 
a banking activity) . So far, this approach has allowed Switzerland to address the emergence of 
crypto assets and related services with relatively minimal additional rule -making required . Where 
the existing rules fail to address identified mater ial risks, amendments are implemented in due 
course (e.g. extension of payment services definition for certain crypto -related activities with 
shared custody setups).  
 
Page 171, p aragraph s 4.247 -4.256  
 
4.247 . The provision of e -money services (issuing of electronic money and provision of payment 
services by issuers of electronic money) is governed by the Electronic Money Law of 2011143 and 
its corresponding Electronic Money Ordinance  144, as well as by new legislation adopted during 
the period under review, the Payment Services Law of 2019145 and its corresponding Payment WT/TPR/M/425/Add.1  
 
- 95 - 
 
Services Regulation  146 All of these legal instruments are based on EU Directives 2009/110/EG 
(E-MoneyDirective)  147 and (EU) 2015/2366 (Payment Services Directive II).  
 
4.248 . The Electronic Money Law lays down the prudential requirements for taking up the business 
of e-money institutions . Issuing electronic money requires a licence granted by the FMA . The 
Payment Services Law governs the provision of payment services and the o peration of payment 
systems . To obtain a licence, e -money institutions must fulfil various conditions, inter alia, being 
a legal person and having their registered office and head office in Liechtenstein . The members of 
the board of directors may have thei r domicile outside of Liechtenstein, if they fulfil the obligations 
of their functions ; they must be authorized to fully represent their company . The minimum 
required fully paid -up initial capital is CHF 350,000. 
 
4.249 . Depending on the licensed activity in question, there are different capital requirements . 
Under the Electronic Money Law, e -money institutions are required to hold the minimum required 
fully paid -up initial capital of CHF 350,000. Under the Payment Services Law, the minimum capital 
requirem ents for payment institutions differ depending on the type of payment services provided 
and authorized.  
 
4.250 . As of 3 1 December  2020, four e -money institutions were licensed in Liechtenstein with a 
total of CHF 27.7 million  in assets and CHF 7 million  in e-money issued.  
 
4.251 . Subject to relevant EEA law, e -money institutions from Liechtenstein, as well as from any 
other EEA Member State, may offer their services across the EEA under the freedom to provide 
services ("cross -border") or the right to establishment (branch) . E-money institutions from outside 
the EEA may in principle offer their services in Liechtenstein only through a local subsidiary . The 
establishment of such a subsidiary requires a licence granted by the FMA.  
 
4.252 . Like the Payment  Services Law and the Banking Law, the Electronic Money law contains 
provisions on qualifying holdings in an e -money institution, own funds requirements, requirements 
for safeguarding funds received from their customers, outsourcing of functions, the use o f third 
parties or agents, external auditing, information exchange, cooperation between competent 
authorities, and FMA administrative and criminal sanctioning powers.  
 
4.253 . In 2019, Liechtenstein became the first country in the world to adopt comprehensi ve 
legislation on an emerging type of financial services providers, trustworthy  
technology ("TT") service providers . The Token and TT Service Provider Law  149 entered into 
force on 1 January  2020 together with the Ordinance on Tokens and TT Service Provid ers. This is 
autonomous legislation that does not derive from an EEA transposition of the EU acquis as the EU 
regulation in that respect is still under discussion.  
 
4.254 . The new law divides TT service providers into 10 categories : (i) Token Issuers : persons 
professionally offering tokens to the public in the name of third parties ; (ii) Token Generators : 
persons who create original tokens on behalf of third parties ; (iii) TT Key Depositaries and TT 
Token Depositaries : persons who safeguard tokens or privat e keys for third parties, e.g. in a safe 
or a collective wallet ; (iv) TT Protectors : persons who hold tokens on TT systems in their own 
name on account of third parties ; (v) Physical Validators : persons who ensure the enforcement of 
rights in accordance wi th the agreement, in terms of property law, to goods represented in tokens 
on TT systems ; (vi) TT Exchange Service Providers : persons who exchange legal tender for tokens 
and vice versa as well as tokens for tokens ; (vii) TT Verifying Authorities : persons who verify the 
legal capacity and the requirements for the disposal over a token ; (viii) TT Price Service Providers : 
persons who provide TT system users with aggregated price information on the basis of purchase 
and sale offers or completed transactions ; (ix) TT Identity Service Providers : persons who identify 
the person in possession of the right of disposal related to a token and who record it in a directory ; 
and (x) TT Agent : a person who professionally distributes or provides TT services on behalf of an d 
for the account of a foreign TT service provider.  
 
4.255 . TT Service Providers must hold a registration by the FMA prior to taking up business 
activities . An exception exists for persons who publicly offer tokens in their own name (own 
issuance) if the v alue of the tokens issued during 12 months does not exceed CHF 5 million. T he 
registration obligation exists regardless of whether another licence has already been granted by 
the FMA . A bank licensed in Liechtenstein that safeguards tokens for clients must  therefore WT/TPR/M/425/Add.1  
 
- 96 - 
 
additionally register as a TT Token Depositary . By the end of 2021, 18 TT providers had registered 
with the FMA, applying for 39 different TT services.  
 
4.256 . TT service providers are not subject to ongoing prudential supervision in the same wa y as 
licensed financial intermediaries (e.g. transparency obligations, comprehensive reporting 
obligations, or periodic external audits), but rather to event -driven supervision.  
 
Question  47: 
Is Liechtenstein open for investments in terms of fintech and e -payments ? What are the 
requirements or licenses needed?  
 
Page 174, p aragraph  4.264  
 
Data on the Swiss ECMT  156 multilateral quota show that Switzerland's international fleet of trucks 
is essentially composed of environmentally efficient vehicles.  
 
Question  48: 
Did Switzerland implement a policy mandating the transition of the country's international fleet of 
trucks to be environmentally -friendly or was the modernization of fleets an industry -led initiative?  
Switzerland's answer:  
In Switzerland, a pe rformance -related heavy vehicle fee (HVF) is levied for transport motor 
vehicles and trailers with a total weight of over 3.5 tonnes each . Its purpose is to cover unpaid 
road costs and the external costs of this traffic, which triggers damage to the enviro nment, human 
health etc. T he HVF is a key element of the Swiss modal shift policy and is enshrined internationally 
in the Land Transport Agreement with the EU . The graded tariffs provide incentives for using 
modern, environmentally friendly lorries.  
 
Page 175, p aragraph  4.268  
 
Unlike many European countries, Switzerland has never had a regime of public monopoly in rail 
services . Instead, a large public company (SBB -CFF-FFS) coexists with several private companies, 
the number of which has diminished over time through mergers . This explains in part that 
Switzerland has developed mutual access to network legislation comparable, mutatis mutandis, 
to that of Japan and the United States . In addition to the three major Swiss network -owning 
compan ies, several foreign railways freight companies, most of them of German nationality, have 
created subsidiaries in Switzerland, and obtained an authorization of access to the Swiss network 
and the correlative safety certificate.  
 
Question  49: 
The Philippines recently amended a law that will allow the entry of foreign investors in public 
services such as railway operations . Did the liberalized policy of Switzerland on rail services 
contribute to the development of an advanced railways network ? Does the Swiss Government 
impose additional regulations on foreign operators compared to local operators?  
 
Switzerland's answer:  
Liberalization  only concerned the freight sector and encouraged existing and new companies to 
offer additional services (using open access) . Rail infrastructure and passenger transport are 
subsidized and there is no interest for investments by private companies . And the re wouldn't be 
any private freight transport, if they had to pay for the full infrastructure costs . Freight only pays 
the marginal costs.  
PART II : QUESTIONS REGARDING THE GOVERNMENT REPORT  
1.1 INTRODUCTION  
Page 3, p aragraph  1.9 
 
Switzerland attaches high importance to reducing gaps in the level of development between 
nations, to promoting the further integration of developing countries into the global economy, and 
to the need to make economic development more sustainable . The Government also takes 
seriously public concerns about the negative impact of globalization and structural changes in the 
economy . In this context, Switzerland strongly supports the United Nations 2030 Agenda for WT/TPR/M/425/Add.1  
 
- 97 - 
 
Sustainable Development and measures that promote socially a nd environmentally sustainable 
economic growth.  
 
Questions  50:  
What concrete actions has Switzerland done to support the United Nations 2030 Agenda for 
Sustainable Development?  
 
Switzerland's answer:  
• Switzerland participates in international reporting on the implementation of  
the 2030 Agenda . The country report provides an overview of Switzerland's progress in 
implementing the 2030 Agenda at both the national and international levels . It also 
outlines  the main challenges and opportunities for achieving the 17 Sustainable 
Development Goals (SDGs) . Please find hereby a link with the report in French, German 
and Italian versions: Rapport national à l'attention de l'ONU (admin.ch)  
(https://www.eda.admin.ch/agenda2030/fr/home/strategie/nationale -
berichterstattung.html ); 
• This overview is published on the Homepage - SDGital2030  
(https://www.sdgital2030.ch/ ) website as well . It allows the public to see where 
Switzerland stands in the implementation of the 17 SDGs and 169 targets.  
 
Question 51:  
How does it plan to support its advocacies on reducing gaps in the level of development between 
nations, further integrating developing countries into the global economy, advancing sustainable 
economic development and addressing the ills of globalization?  
 
Switzerland's answer:  
The Swiss strategy for cooperation in the fi eld of economic development aims at two target 
outcomes . Firstly, the promotion of reliable economic framework conditions, which is realized via 
the support of growth -promoting economic policy, a rules -based trade system, an innovative 
business environment  and the support to an integrated urban development and infrastructure 
services . Secondly, the promotion of innovative private -sector initiatives, which is realized via the 
support for improved access to finance, their integration in value chains, the prom otion of 
corporate social responsibility and the support of the development of market -oriented skills in the 
labour force . In all of Switzerland's activities the transversal themes of gender equality as well as 
climate and resource efficiency are systemati cally considered, as they are considered important 
prerequisites for sustainable economic growth and sustainable prosperity.  
1.3 ECONOMIC POLICY  
Page 8, p aragraph  1.29 
 
In recent years, the global economic, geostrategic, technological and social environment has 
changed significantly . Rivalry between the major economic powers or the trend towards the 
formation of regional blocs are on the rise . The COVID -19 pandemic has also reinforced underlying 
protectionist tendencies and accentuated the challen ges related to the resilience of global 
production and supply chains . Lastly, foreign economic policy issues are increasingly diverse : on 
the one hand, growing digitalization is creating new opportunities and calls for new regulatory 
approaches . On the oth er hand, Switzerland is committed to achieving climate neutrality  
by 2050, with the goal of sustainability requiring a "horizontal" integration of environmental and 
social issues.  
 
Question  52: 
Do Switzerland and Liechtenstein have plans to implement carbon pricing policies ? If so, how will 
this affect the inflation ? Will it also affect agricultural and fishery products?  
 
Switzerland's answer:  
Switzerland and Liechtenstein already have implemented carbon pricing policies . They are detailed 
in Page 82, p aragraph  3.86 and on the following website CO2 levy (admin.ch) (Switzerland) and 
in Page 83, p ara 3.88 (Liechtenstein) . They are not expected to affect inflation, and they do not 
cover agricultural and fishery products.  WT/TPR/M/425/Add.1  
 
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1.4 TRADE POLICY  
Page 13, p aragraph  1.58 
 
It is important for Switzerland to improve conditions to promote open markets . Thus, Switzerland 
will remove tariffs on industrial products as of 1 January  2024. The removal of tariffs will benefit 
Swiss consumers and businesses by  reducing the price of many consumer goods, production costs 
and the administrative burden on importing businesses . Trade relations will become more efficient, 
and competition will be strengthened.  
Question  53: 
What industrial products are covered in the tariff removal effective 1 January  2024? Please 
specify.  
 
Switzerland's answer:  
The lifting of industrial tariffs concerns all goods under Chapters 25 –97 of the  Harmonized   
System (HS)  (https://xtares.admin.ch/tares/main/mainFormFiller.do;jsessionid=Tz3ds3VduXnV -
G3pA3ZST9Jimaoq035eb6lJi1PHRyOLdTenFfgb! -
22935399?l=en&chemicalSearchType=cas&headdata.date=09.02.2022&headdata.direction=imp
ort&headdata.userCountryIso2Code=EN&headdata.countryIs o2Code=EN ), with the exception of 
certain products under HS Chapters 35 and 38, that are classified as agricultural products in 
Switzerland:  
 
Exceptions concern the following tariff lines of the Swiss customs  tariff: 3501.1010, 3501.1090, 
3501.9011, 3501.9 019, 3501.9091, 3501.9099, 3502.1110, 3502.1190, 3502.1910, 3502.1990, 
3505.1010, 3505.1090, 3505.2010, 3506.9910, 3809.1010, 3823.1110, 3823.1210, 3823.1910, 
3824.1010, 3824.9991, and 3825.9010.  
 
Moreover fish and fish products (HS Chapter 3) are also not  covered  by the lifting of industrial 
tariffs.  
 
Question 54:  
What is the compliance requirement in line with the removal of tariffs, specifically on the 
application of the proof of origin on industrial products, and how will the process apply to the 
prefer ential and the non -preferential origins application?  
 
Switzerland's answer:  
From 1 January  2024, the MFN -applied rate of duty for industrial products imported into 
Switzerland will be zero . Therefore, companies in Switzerland importing industrial products, which 
at the time of import are expected to remain or be consumed in Switzerland, no longer need to 
apply any free trade agreements (FTAs) or the Generalized System of Preferences (GSP) . This 
means that for companies exporting to Switzerland ther e will be no need to provide preferential 
proofs of origin for such imports . However, in cases where companies in Switzerland intend to 
apply cumulation of origin on the export side, the supplier's proofs of origin will still be required 
when importing the  goods concerned.  
 
Question 55:  
What are the changes to the customs clearance requirements?  
 
Switzerland's answer:  
The lifting of industrial tariffs does not change the customs clearance processes . There will still be 
an obligation to declare imports, including the correct tariff headings for the goods in question.  
 
Page 14, p aragraph  1.65 
 
WTO reform should enhance the Organization's three functions . First, as regards the negotiating 
function, the WTO must demonstrate its ability to conclude m ultilateral agreements that respond 
to current challenges, such as the digitalisation of the economy and environmental sustainability . 
The continuation of the moratorium on customs duties on electronic transmissions and reaching 
a tangible agreement on fis heries subsidies are outcomes that will contribute to the WTO's WT/TPR/M/425/Add.1  
 
- 99 - 
 
credibility . The matters of special and differential treatment and a level field of competition must 
be included in the reform.  
Question  56: 
Do Switzerland and Liechtenstein have plans to impo se additional tax on countries that give certain 
forms of fisheries subsidies ? If so, will this affect the volume of trade of fishery products in both 
countries given that they are land -locked areas?  
 
Switzerland's answer:  
No Switzerland does not plan to impose any additional tax on countries that give certain forms of 
fisheries subsidies.  
Illegal, unreported and unregulated (IUU) fishing is a global problem that threatens marine 
ecosystems and sustainable fishing . It can lead to the collapse of local fish eries, with small -scale 
fisheries in developing countries proving especially vulnerable . IUU fishing thus jeopardizes food 
security, exacerbates poverty and disadvantages those who fish legally . The import of products 
from IUU fishing is prohibited in Swit zerland.  
In Switzerland, the  "Ordinance on control of the lawful origin of imported marine fishery products  
(https://www.fedlex.admin.ch/eli/cc/2016/272/fr )" (IUU Ordinance, RS 453.2 - Ordonnan ce du 
20 avril 2016 sur le contrôle de l'origine licite des produits de la pêche maritime importés 
(admin.ch)  (https://www.fedlex.admin.ch/eli/cc/2016/272/fr )) has been legally binding since 
1 March  2017. It stipulates that marine fishery products may be imported only if a valid catch 
certificate certifying the lawful origin of the products is presented.  
 
Page 17, p aragraph  1.93 
 
During the period under review, as mentioned above, all Switzerland's FTAs with its EFTA partners 
include a chapter on trade and sustainable development . Dialogue is taking place with a number 
of partner countries on the implementation of the related commitments.  
 
Question  57: 
How will this provision apply to t he EFTA partners before the period under review?  
 
Switzerland's answer:  
The first model chapter on trade and sustainable development was developed in 2010 . All FTAs 
concluded since then include such provisions . In modernization processes of older agreements 
concluded prior to 2010, and which therefore do not contain such provisions, Switzerland and the 
other EFTA Members systematically propose to include a dedicated chapter on trade and 
sustainable development to the partner in question.  
 
Question 58: 
What would be the commitments required from existing trade partners ; and how would this apply 
to the removal of tariffs?  
 
Switzerland's answer:  
Agreements with FTA partners that were concluded before 2010 do not contain a chapter on trade 
and sustainab le development . As indicated under 1), it is Switzerland's aim to include a dedicated 
chapter on trade and sustainable development in all agreements that do not yet contain such 
provisions . The commitments under the chapter on trade and sustainable develop ment are in 
general not directly linked to tariffs.  
2.2.3 STATE ACTIVITIES  
Page 25, p aragraph  2.36 
 
In order to further facilitate the interaction with the public administration, the Government is 
currently advancing the digitalization  of most public services, for example including identification 
and payment services . For that purpose, a " Digitalization  Roadmap for the Liechtenstein Public 
Administration" was developed in 2020 . The Roadmap, which includes more than 100 digitalization  
projects across 29 public offices, is to be implemented in the coming years . In its e -Government 
Act, the government has st ipulated that from 2023 onwards, all communication between 
companies and public authorities must be conducted electronically.  
 WT/TPR/M/425/Add.1  
 
- 100 - 
 
18  KOREA, REP. OF 
PART I : Questions Regarding the Secretariat Report  
 
Page 48 , paragraph  2.38 
 
In May 2021, the Federal Council decided not 
to sign an institutional framework agreement 
with the European Union that would have 
established an institutional framework for five 
of the bilateral agreements in place . 
According to the authorities, the key areas of 
concern for Switzerland related to the 
Citizens' Rights Directive (CRD), with 
provisions on wage protection and state aid 
not producing the outcomes nee ded by the 
Swiss . For Switzerland to have incorporated 
the CRD into the Agreement on the Free 
Movement of Persons, exemptions would 
have been needed to ensure rights enjoyed by 
persons accorded freedom of movement 
would not be extended, since this would re sult 
in higher social security costs.54 This impasse 
has had an immediate impact on the pending 
update of the Switzerland -EU/EEA mutual 
recognition agreement with respect to 
medical devices (Section 3.3.2).  
 
Page 48  footnote 55  
 
This update would have been needed by 
26 May 2021, at which time the European 
Union's Medical Device Regulation and the 
corresponding new Swiss law were to become 
applicable . Since the update could not be 
carried out, the Federal Council adopted 
measures on 1 9 May 2021 to ensure  market 
surveillance for medical devices as well as 
their safe future supply.  Question 1 : 
As of 2 6 May 2021, the Mutual Recognition 
Agreement between Switzerland and the EU is no 
longer applicable to medical devices . It requires 
manufacturers to re -register through a Swiss 
certification agency in order to distribute their 
medical devices in the Swiss market, regardless 
of whether or not they have received CE 
certification, which is a heavy burden on foreign 
companies in terms of cost and time . The Sw iss 
Federal Council described these supplementary 
measures, which adopted on 1 9 May 2021, as 
"transitional provisions" . Is there any possibility 
for further revision or any discussion about this?  
 
Switzerland's answer:  
The MRA is based on the equivalence o f the 
legislation between Switzerland and the EU . The 
new Swiss Medical Devices Ordinance (MedDO) is 
therefore equivalent to the new EU Medical 
Devices Regulation (MDR) . The MedDO entered 
into force also on 2 6 May 2021.The measures 
taken by the Federal Cou ncil on 1 9 May 2021 
mainly foresee transitional periods to implement 
certain requirements in Switzerland.  
  Question  59: 
Can you share some key policies, projects, or activities set out in Liechtenstein's Digitalization 
Roadmap?  WT/TPR/M/425/Add.1  
 
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19  ARGENTINA  
Preguntas de Argentina al Informe de la Secretaría WT/TPR/S/425  
 
2.2 Formulación y objetivos de la política comercial  
 
Según el párrafo 2.10 del Informe de la Secretaría (WT/TPR/S/425) : "la política comercial también 
se guiará por la nueva Estrategia de Política Económica Exterior de Suiza, que el Consejo Federal 
adoptó el 24  de noviembre  de 2021. Si bien no representa un cambio fundamental de rumbo en la 
política económica exterior de Suiza, la nueva Estrategia se centra en la integración en los mercados 
mundiales y los objetivos de política comercial ocupan un lugar destacado en los ámbitos de acción 
prioritarios . Trata de garantizar que la política exterior preserva y aumenta la prosperidad del país, 
lograr los Objetivos de Desarrollo Sostenible, tener en cuenta la evolución del entorno geopolítico y 
la emergen cia percibida de nuevas tendencias proteccionistas, y satisfacer las necesidades de 
desarrollo sostenible y de la creciente digitalización . También se elaboran políticas comerciales en el 
contexto de otras estrategias nacionales, como la Estrategia de Desa rrollo Sostenible para 2030 y 
su Plan de Acción asociado para 2021 -2023, adoptado en junio de 2021."  
 
Question 1 : 
En relación a este aspecto, ¿cómo evalúa Suiza la interacción entre las nuevas tendencias 
proteccionistas y la estrategia de integración a los  mercados mundiales?  
 
Switzerland's answer:  
As a medium -sized national economy with few natural resources, Switzerland relies on foreign 
markets and being integrated into international value chains . It is committed to the international 
rules-based system, access to international markets and sustainable economic relations as a means 
of safeguarding the population's prosperity . Consequently, the framework conditions must also be 
adapted on a regular basis to take account of social, political, technolo gical and economic 
developments . The revised foreign economic policy strategy defines the main areas of action 
designed to ensure that the policy of openness adopted in recent decades continues to deliver 
benefits . Multilateral approaches remain essential . Switzerland endeavours to keep both the import 
and export trade as open and regulated as possible and seeks access to geographically diversified 
and resilient markets, thus strengthening the country's ability to withstand crises.  
 
2.4 Régimen de inversion es y entorno comercial  
 
El párrafo 2.45 establece : "Por otro lado, el Foro Económico Mundial ha señalado que hay margen 
de mejora en una esfera clave, su régimen comercial, habida cuenta de los elevados obstáculos al 
comercio (en el sector agropecuario) y de la complejidad de los aranceles."  
 
Question 2 : 
¿Está Suiza considerando actualmente políticas para mejorar estos dos aspectos señalados por el 
Foro Económico Mundial, los obstáculos al comercio agrícola y la complejidad de los aranceles?  
 
Switzerland's answer:  
The tariff system is regularly reviewed . Currently, there are no plans to implement changes to the 
tariff system.  
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
3.1.1 Procedimientos y requisitos aduaneros y valoración en aduana  
 
En el punto 3.2 se indica que durante el período objeto de examen se han introducido varios cambios 
en la reglamentación aduanera, ninguno de los cuales ha repercutido de forma directa en los 
procedimientos aduaneros . Las leyes y procedimientos aduaneros de Suiza son similares al Código 
Aduanero de la Unión Europea ; establecen los mismos regímenes (salvo el régimen de uso final y el 
aplicado a las zonas francas) y emplean una terminología y unas definiciones similares.  
 
Question 3 : 
¿Podría Suiza detallar los cambios introducidos en la reglamentación aduanera y explicar las razones 
de dichos cambios?  
 WT/TPR/M/425/Add.1  
 
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Switzerland's answer:  
Les modifications sont détaillées dans l'ordonnance suivante : RS 631.013  Ordonnance de l'OFDF du 
4 avril 2007 sur les douanes (OD -OFDF) : M odifications et Abrogations  
(https://www.fedlex.admin.ch/eli/cc/2007/253/fr/changes ). 
Il ne s'agit en général qu e d'adaptations mineures (formelles, organisationnelles, etc.) qui ne touchent 
pas la procédure de déclarations en tant que telle.  
 
En el inciso 3.10 se menciona que en Suiza y Liechtenstein todos los aranceles son derechos 
específicos y no requieren valoración en aduana, pues para calcular el derecho se toma como 
referencia el peso bruto (peso de las mercancías más el embalaje) . Por lo que respecta al impuesto 
sobre el valor añadido (IVA) y otros impuestos, como los derechos sobre los automó viles, que se 
recaudan en frontera sobre la base del valor, se emplea como criterio el valor facturado . 
 
Question 4 : 
¿Podría Suiza detallar todos los impuestos a los que se refiere como "otros impuestos"?  
 
Switzerland's answer:  
L'impôt sur le tabac est perçu en se basant sur le prix de vente au détail, soit le prix payé par le 
consommateur.  
 
• Automobile Tax : The Federal Office for Customs and Border Security levies automobile duty 
of 4% of the vehicle's value on light commercial vehicles with a unit weigh t of no more  
than 1,600  kg, as well as on passenger vehicles . The duty is payable on the importation of 
automobiles into the domestic territory and the delivery and own use of automobiles 
produced domestically.  
• L'impôt sur le tabac est un impôt à la conso mmation spécial et il est perçu par l'Office fédéral 
de la douane et de la sécurité des frontières.  
 
Sont soumis à l'impôt:  
• les tabacs manufacturés fabriqués industriellement en Suisse et prêts à la consommation, 
ainsi que les tabacs manufacturés importés;  
• les produits de substitution.  
 
L'impôt est fixé:  
• pour les cigarettes et les cigares, par pièce et en pour -cent du prix de vente au détail;  
• pour le tabac à coupe fine et le tabac pour pipe à eau, par kilogramme et en pour -cent du 
prix de vente au détail ; 
• pour les autres tabacs manufacturés, en pour -cent du prix de vente au détail.  
 
3.1.3 Aranceles  
 
En el punto 3.27 se indica que los tipos superiores al 100 % solo se aplican a productos 
agropecuarios, principalmente a las hortalizas (SA07), la carne (SA02) y la leche y los productos 
lácteos (SA04) . Dentro de los productos agropecuarios, los animales y productos del reino animal 
son, junto con la leche y los pr oductos lácteos, los grupos de productos a los que se aplican los 
derechos de importación más altos . Algunos grupos de productos agropecuarios, como los animales 
y productos del reino animal, los productos lácteos, las frutas, hortalizas y plantas, present an una 
mayor desviación típica, lo que significa que en esas categorías de productos los intervalos 
arancelarios son más amplios.  
 
Question 5 : 
¿Tiene pensado el gobierno de Suiza y Liechtenstein abordar el problema de la ampliación de los 
intervalos arance larios, así como también los elevados aranceles que aplica particularmente al sector 
agropecuario?  
 
Switzerland's answer:  
 
The tariff system is regularly reviewed . Currently, there are no plans to implement changes to the 
tariff system.  
 
 WT/TPR/M/425/Add.1  
 
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3.1.3.2 Contingentes arancelarios  
El párrafo 3.29 sostiene que se "aplican los contingentes arancelarios a varios productos 
agropecuarios, que en 2021 abarcaron el 3 .7% de las líneas arancelarias (frente al 3 .8% en 2016) . 
Se trata sobre todo de hortalizas alimenti cias, carne y despojos comestibles, jugos de frutas, frutas 
frescas, flores cortadas, animales vivos, productos lácteos, vino y determinados cereales . Los 
contingentes arancelarios se pueden aumentar de manera autónoma, principalmente para mitigar 
situacio nes de escasez interna . El proceso de asignación de los contingentes varía según el 
producto".  
 
Question 6 : 
¿Podría explicar Suiza cómo se asignan los contingentes para carne y despojos comestibles y vino ? 
¿Hay posibilidades de autorizar importaciones más allá de los contingentes arancelarios en alguno 
de los sectores mencionados?  
 
Switzerland's answer:  
Details for the allocation of quotas can be found in the most recent Swiss notification 
G/AG/N/CHE/108.  
The allocation procedures for the meat tariff quotas are auctioning and prise en charge (under which 
the allocation of tariff quota is contingent upon local purchase) . The tariff quota for edible offal is 
not administered and imports can thus occurs  in unlimited quantities at the in -quota tariff . The quota 
for wine is allocated with the system of "first come, first served".  
In general, tariff quotas are autonomously increased, when the internal production together with 
the consolidated quantity of th e quota is not sufficient to satisfy the internal demand.  
 
3.1.3.3 Derechos consolidados  
 
En el inciso 3.32 . Los compromisos arancelarios de Suiza y Liechtenstein se han formulado como 
derechos específicos . Como resultado de la Ronda Uruguay, el 99 % de las  líneas arancelarias de 
Suiza y Liechtenstein está consolidado . Hay 83 líneas arancelarias que no están consolidadas (a nivel 
de 8 dígitos del SA) correspondientes al gas, el petróleo y los productos conexos.  
 
Question 7 : 
¿Podrían explicar el motivo por que existen 83 líneas arancelarias sin consolidar ? ¿Piensa el gobierno 
consolidar esas líneas en algún momento?  
 
Switzerland's answer:  
At the moment the applied rates on these products are at 0 %. However, an internal consumption 
tax is levied . Switzerland does currently not plan to bind these tariff lines.  
 
3.1.3.4 Otros derechos y cargas  
 
El párrafo 3.34 establece : "Al igual que en el período abarcado por el anterior examen, dado que los 
demás derechos y cargas se han consolidado a un tipo nulo y los aranceles aplicados suelen ser 
iguales a los tipos consolidados, es posible que la suma de los aranceles y de las contribuciones al 
fondo de garantía exceda de los compromisos consolidados de Suiza en varias líneas arancelarias".  
 
Question 8 : 
¿Cómo tiene previsto Suiza evitar esta posible percepción por encima de los tipos consolidados?  
 
Switzerland's answer:  
 
In 2019, Switzerland launched a project to modify the compulsory reserve regime for coffee and 
rice. This project has not been finalised . Reflections on National Economic Supply are on -going and 
a revision of the legal basis is in preparation, following the COVID -19 crisis and a planned 
reorganization of the Federal Office for National Economic Supply.  
 
3.1.3.5 Exenciones y reducciones ara ncelarias  
 
En el párrafo 3.35 del Informe de la Secretaría se indica que, en 2019, el Consejo Federal renovó y 
amplió una reducción temporal de los derechos de aduana aplicados a las materias textiles, que 
había estado en vigor desde 2015 hasta 2019 . La Orden por la que se reducen temporalmente los WT/TPR/M/425/Add.1  
 
- 104 - 
 
derechos de aduana sobre las materias textiles y los materiales intermedios (RO 2019 1611 ; RS 
632.102.1) entró en vigor el 1  de julio de 2019 y estará vigente hasta el 31  de diciembre  de 2023.  
 
Question 9 : 
¿Podrían informar cuales son los criterios y el procedimiento utilizado para la confección de dichos 
listados ? ¿Existe la posibilidad de que se apliquen a otros productos, distintos de los textiles?  
 
Switzerland's answer:  
The Federal Council's decision was based on Article 4 of Switzerland's Customs Tariff Act (online at: 
632.10  (https://www.fedlex.admin.ch/eli/cc/1987/1871_1871_1871/en )), that allows  the Federal 
Council to order a temporary suspension of duties applicable to certain goods, if interests of the 
Swiss economy so require.  
 
El el párrafo 3.42 del Informe de la Secretaría establece : "En 2020, casi el 60 % de todas las 
importaciones realizadas en Suiza estuvo libre de derechos.  
Aunque otro 36 .9% de las importaciones podría haberse beneficiado de preferencias, solo se acogió 
a tipos arancelarios preferenciales poco más de la mitad de esa cifra (gráfico 3.3) . La utilización de 
preferencias varía considerablemente entre los distintos beneficiarios ; por ejemplo, en 2020 fue  
del 0% al 92.2% (cuadro A3.2)."  
 
Question 10 : 
¿A qué razones considera Suiza que podría deberse esta no utilización de las preferencias vig entes?  
 
Switzerland's answer:  
Switzerland initiated  extensive work to identify the factors that lead to incomplete use of FTAs . SECO 
conducted two surveys, one with importers and one with exporters . The survey with importers 
confirmed that companies are not sufficiently informed about the conditions that must be met in 
order to benefit from FTAs . S ee also the following publication: 
https://dievolkswirtschaft.ch/fr/2021/10/accords -de-libre-echange -les-importateurs -paient -trop-
de-droits -de-douane/ . The survey with exporters is currently been evaluated by SECO . The aim is 
to identify measures to further increase the  use of FTAs.  
 
3.1.4 Prohibiciones, restricciones y licencias de importación  
 
El párrafo 3.47 del Informe de la Secretaría establece : "Se utilizan licencias no automáticas para la 
asignación de algunas partes de determinados contingentes arancelarios de productos agropecuarios 
a operadores autorizados ; estas licencias pueden transferirse a otros operadores autorizados y 
tienen duración limitada . Según la notificación de Suiza, los contingentes arancelarios en cuestión 
son: animales vivos d e la especie bovina (CHEQ002), animales para matadero (CHEQ005 y 
CHEQ006), algunos productos lácteos (CHEQ007), flores cortadas (CHEQ013), patatas (papas) 
(CHEQ014), legumbres y hortalizas frescas y congeladas (CHEQ015, CHEQ016) y frutas frescas 
(CHEQ017, CHEQ018, CHEQ019)."  
Question 11 : 
¿La transferencia de licencias a otros operadores autorizados se realiza a título oneroso?  
 
Switzerland's answer:  
The transfer of licences to other authorized operators is free of charge.  
 
3.1.5 Medidas antidumping, compensatorias y de salvaguardia  
 
En el inciso 3.52 se indica que la legislación permite modificar los tipos arancelarios o imponer 
medidas no arancelarias en situaciones de emergencia o cuando puedan resultar afectados intereses 
nacionales . No se ha hecho uso de estas disposiciones en el período objeto de examen.  
 
Question 12 : 
¿Podrían explicar a qué se refiere con una "situación de emergencia o cuando puedan resultar 
afectados intereses nacionales" ? ¿Se ha aplicado alguna vez esta medida ? Si la respuesta es 
afirmativa, por favor indicar en qué casos específicamente.  
 
 
 WT/TPR/M/425/Add.1  
 
- 105 - 
 
Switzerland's answer:  
Measures provided for under Article 7 of the Federal Law of October  1986 on Customs Tariffs and 
Article 1 of the Federal Law on External Economi c Measures, referred to in Fn  42 of the Secretariat's 
Report, aim to protect Switzerland's essential economic interests in case measures taken abroad or 
extraordinary conditions prevailing there affect Switzerland's foreign trade . Article 11 of the Federal 
Law of October  1986 on Customs Tariffs provides for a safeguard clause for agricultural products, 
indicating that such measures must be within the limits of the safeguard clauses contained in 
international agreements . Emergency mea sures are of a temporary nature.  
Beyond these provisions, the Swiss legislation does not provide for any further specific formal or 
substantive requirements . Decisions on such measures would be taken on a case -by-case basis and 
taking into account the macr oeconomic interests . Under current WTO law, Switzerland has so far 
ordered urgent safeguard measures only once, in 1999, concerning pork meat.  
 
3.3.4.3 Controles de precios – Suiza  
 
El párrafo 3.151 del Informe de la Secretaría establece : "Los precios de u mbral para las 
importaciones agropecuarias constituyen un caso especial de control de precios o de precio 
administrado, ya que son, a la vez, un instrumento de protección de la agricultura (sección 4.1) . 
Suiza aplica un sistema de precios de umbral para la s importaciones de ciertos productos agrícolas 
básicos (cereales y semillas oleaginosas), a fin de mantener los precios (derechos de aduana 
incluidos) dentro de determinadas horquillas . Por medio de derechos de importación NMF variables, 
las autoridades pu eden controlar y estabilizar los precios nacionales de esos productos agrícolas con 
objeto de mantenerlos en torno al nivel de los precios de umbral reglamentarios".  
 
Question 13 : 
¿Qué parámetros emplea Suiza para determinar los precios de umbral de las importaciones de 
cereales y semillas oleaginosas?  
 
Switzerland's answer:  
Threshold prices are defined in the respective ordinance and correspond to the target import price 
(Annex 1 Agricultural Import Ordinance, RS 916.01 - Ordonnance du 26 octobre 2011 su r 
l'importation de produits agricoles (Ordonnance sur les importations agricoles, OIAgr) (admin.ch)  
(https://www.fedlex.admin.ch/eli/cc/2011/770/fr )). Changes to the Threshold prices are within the 
competence of the Federal Council.  
 
3.3.7.1 Derechos de propiedad intelectual relacionados con el comercio  
 
En el párrafo 3.171 del Informe de la Secretaría se establece : "Desde el anterior examen realizado 
en 2017, las novedades en materia de propiedad intelectual han desempeñado un papel importante 
tanto en la actividad legislativa interna de Suiza como en su política de comercio internacional . 
Desde 2017, la "legislación Swissness" fortalece la protección de la designación "Suiza" y la cruz 
suiza. Aporta normas claras para el uso de las indicaciones de procedencia suiza cuando se utilizan 
con fines publicitarios, lo cual a su vez contribuye a prevenir el uso indebido de la marca "Suiza", 
velando por su valor a largo plazo . En este c ontexto, además de la revisión de la Ley Federal de 
Protección de Marcas de Fábrica o de Comercio e Indicaciones de Origen y de la Ley Federal de 
Protección del Escudo Nacional y demás Insignias Públicas, se adoptaron varias órdenes para hacer 
extensiva es ta reglamentación a los relojes, los productos alimenticios, los productos cosméticos y 
los productos no agropecuarios . De modo análogo, el 1  de abril de 2020, se revisó parcialmente la 
Ley Federal de Derecho de Autor y Derechos Conexos a fin de adaptarla a los últimos avances 
tecnológicos y hacer que la lucha contra la piratería en línea sea más eficaz."  
 
Question 14 : 
¿Está actualmente bajo consideración del gobierno suizo la posibilidad de aplicar la "legislación 
Swissness" a nuevos sectores, en el mediano plazo?  
 
Switzerland's answer:  
La législation "Swissness " a pour but de protéger les consommateurs contre la trompe rie et les 
producteurs contre la concurrence déloyale . Elle s'applique déjà à toutes les utilisations 
commerciales en lien avec tous les produits et services . Une application des règles "Swissness " à 
d'autres types d'utilisation, non-commerciales, n'est donc ni nécessaire ni envisagée.  
 WT/TPR/M/425/Add.1  
 
- 106 - 
 
En el párrafo 3.178 del Informe de la Secretaría, sobre Suiza se indica que este país "ha mantenido 
su estrategia de reforzar y extender su red de ALC bilaterales, q ue contienen amplias disposiciones 
sobre propiedad intelectual, y ha seguido participando activamente en el Consejo de los ADPIC, en 
particular dando a conocer su experiencia nacional en relación con el tema de la propiedad intelectual 
y la innovación".  
Question 15 : 
¿Podría la delegación Suiza indicar el procedimiento para el registro en Suiza de una Indicación 
Geográfica para vinos de un tercer país, de conformidad con las disposiciones del ADPIC?  
 
Switzerland's answer:  
Une indication géographique viticole d'un pays tiers peut faire l'objet, en Suisse, d'un enregistrement 
en tant que marque géographique en vertu des art. 27a et suivants de la Loi sur la protection des 
marques et des indications de provenance.  
 
Question 16 : 
De no existir  un procedimiento para un registro, ¿Cómo garantiza Suiza la protección de una 
indicación geográfica para vinos de un tercer país en su territorio?  
 
Switzerland's answer:  
Les indications géographiques viticoles de pays tiers peuvent être protégées , en Suisse, en vertu de 
différents instruments : i) la protection des indications de provenance sans enregistrement, en vertu 
des art. 47 et suivants LPM ; ii) la protection en tant que marque géographique, en vertu des  
art. 27a et suivants LPM ; iii) la protect ion en vertu d'un accord bilatéral ou de l'Acte de Genève de 
l'Arrangement de Lisbonne sur les appellations d'origine et les indications géographiques.  
 
4.1 Agricultura  
4.1.1 Panorama general y evolución reciente de la política  
 
En el párrafo 4.15 del Info rme de la Secretaría se establece : "Tras el estallido de la pandemia de 
COVID -19, las autoridades suizas adoptaron medidas de apoyo financiero con miras a garantizar el 
suministro de alimentos a la población y prevenir una bajada de los precios en el mercado 
agropecuario . Se asignó un total de CHF 3 millones para el almacenamiento de carne de vaca, 
ternera y cabra, cuya demanda disminuyó tras el cierre de los restaurantes . El Gobierno suizo 
también aprobó una orden por la que se concede asistencia fina nciera excepcional por valor de 
CHF 10 millones para la reclasificación como vinos de mesa de los vinos con denominación de origen 
controlada . En virtud de este régimen de financiación, los viticultores tenían derecho a  
recibir CHF 2 por cada litro de vin o reclasificado con denominación de origen controlada . También 
se exigió a los viticultores que redujeran la producción máxima para la cosecha de 2020 . Se permitió 
un máximo de 1,2  kg por metro cuadrado en el caso del vino blanco y de 1  kg por metro2 en el del 
vino tinto."  
 
Question 17 : 
¿Continúan en vigencia estas medidas de apoyo financiero?  
 
Switzerland's answer:  
The legal basis for storage contributions for beef and veal meat existed already before  
the COVID -19 pandemic and will continue to exist . In the context of COVID -19, the contribution was 
temporarily extended to include goat meat until the end of 2020 . Furthermore, in response to the 
pandemic, the budget allocated to this contribution was temporarily increased.  
The measure for wine is no longer in force . It was limited to the year 2020.  
 
4.1.2.1 Aranceles NMF aplicados  
 
En el párrafo 4.17 se señala que "el Arancel de Aduanas suizo contiene unas 2.466 líneas arancelarias 
de productos agropecuarios (al nivel de 8 dígitos del SA) . Como se observó en el examen anterior, 
hay unos 500 productos protegidos por aranceles que tal vez no necesiten protección frent e a las 
importaciones (por ejemplo, 0704.9080 - Coles rizadas sin repollar), y otras 500 líneas arancelarias 
aproximadamente con aranceles elevados o prohibitivos que se mantienen principalmente por 
razones históricas ; es posible que esas crestas arancelar ias ofrezcan margen para realizar recortes 
arancelarios sin comprometer los objetivos de la política agrícola."  
 
Question 18 : WT/TPR/M/425/Add.1  
 
- 107 - 
 
¿Existen posibilidades concretas de que se produzcan aperturas o flexibilizaciones ? ¿Sobre qué 
productos agropecuarios?  
 
Switzerland's answer:  
The tariff system is regularly reviewed . Currently, there are no plans to implement changes to the 
tariff system.  
 
Asimismo, en el párrafo 4.17 del Informe de la Secretaría se señala : "Como  se observó en el examen 
anterior, hay unos 5 00 productos protegidos por aranceles que tal vez no necesiten protección frente 
a las importaciones (por ejemplo, 0704.9080 - Coles rizadas sin repollar), y otras 500 líneas 
arancelarias aproximadamente con aranceles elevados o prohibitivos que se mantien en 
principalmente por razones históricas ; es posible que esas crestas arancelarias ofrezcan margen 
para realizar recortes arancelarios sin comprometer los objetivos de la política agrícola."  
 
Question 19 : 
¿Está considerando actualmente Suiza reevaluar estas crestas arancelarias que se mantendrían 
principalmente por razones históricas?  
 
Switzerland's answer:  
The tariff system is regularly reviewed . Currently, there are no plans to implement changes to the 
tariff system.  
 
4.1.3 Ayuda interna  
4.1.3.1 Pagos directos  
 
El párrafo 4.37 del Informe de la Secretaría indica que el nivel de los pagos directos a explotaciones 
agropecuarias sigue siendo relativamente elevado en Suiza . Según la OCDE, representan alrededor 
del 50 % de la ayuda a los  agricultores . La mayor parte son pagos generales por superficie para 
todos los terrenos agrícolas, pagos para mantener la actividad agrícola en condiciones desfavorables 
y pagos a los agricultores que aplican voluntariamente prácticas agropecuarias más es trictas 
vinculadas a la protección del medio ambiente y los animales . En promedio, los pagos directos 
ascendieron a CHF 71.000 por explotación agropecuaria en 2020 y contribuyeron en alrededor  
del 21 % a los ingresos de los agricultores . En el marco de la PA 2018 -2021, el gasto total en pagos 
directos se mantuvo en un nivel de aproximadamente CHF 2.800 millones al año, por lo que apenas 
hubo cambios con respecto al gasto correspondiente al plan cuatrienal anterior.  
 
Question 20 : 
¿Piensa el gobierno reducir los pagos directos a los productores y adecuar al sector agrícola a la 
competencia internacional?  
 
Switzerland's answer:  
 
Switzerland's agricultural policy is oriented towards a long -term strategy and built upon stable, 
foreseeable and coherent con ditions for farming which permits mid - and long -term improvements 
of competition parameters . Enhanced competitiveness of Swiss agriculture on global markets is a 
goal of the current agricultural policy . Reducing costs, innovative and market -oriented produc t 
differentiation as well as locally adapted and resource -efficient agricultural production systems for 
an optimal use of the natural production potential are key elements in achieving this.  
The strategic focus areas for the next phase of the Swiss agricul tural policy involve the agricultural 
markets, the agricultural enterprises and the environment . In this context Switzerland is evaluating 
different options toward an enhanced market -oriented agricultural policy . While all measures of 
agricultural policy a re regularly review, it is clear that direct payments will remain an integral part 
of Swiss agricultural policy . This enables the agricultural sector to fulfil its important contributions 
to maintaining food security, providing positive externalities such as environmental benefits, and 
preserving cultural landscapes, which are highly valued by Swiss society.  
 
El párrafo 4.45 del Informe de la Secretaría indica : "[...] está previsto ajustar el régimen de pagos 
directos en 2023 . El propósit o de la reforma es lograr diversos objetivos de reducción específicos 
mediante el aumento de las exigencias ambientales que deben cumplir los receptores de pagos 
directos (recuadro 4.1) . Las exigencias adicionales que está previsto que se sumen a las exige ncias 
ambientales actuales (prueba de eficiencia ecológica) se están sometiendo a consulta pública."  
 WT/TPR/M/425/Add.1  
 
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Question 21 : 
¿Este ajuste incluiría los más de veinte tipos de pagos directos de que se beneficia la agricultura 
suiza (apartado 4.1.3.1), o sólo algunos?  
 
Switzerland's answer:  
The adjustment of our current direct payment system will include all types of direct payments . The 
proof of ecological performance (PEP) as the prerequisite to obtain direct payments, will be 
strengthened (e.g. nutrient balance) . The direct payments for production systems will be enhanced 
by new programs for the reduction of pesticide use and the reduction of nutrient losses . Since the 
direct payment budget remains unchanged, the changes will be financed through reducing the 
budget f or payments for ensuring food security.  
 
4.1.3.2 Medidas de sostenimiento de los precios del mercado  
 
El párrafo 4.48 del Informe de la Secretaría indica : "El sostenimiento de los precios es relativamente 
significativo en Suiza . La OCDE estima que representa el 50 % de la ayuda total a los productores, y 
los precios internos fueron en promedio 2018 -2020 un 46 % superiores a los precios mundiales  
en 2018 . Además de los contingentes arancelarios con aranceles elevados fuera del contingente, 
Suiza tambi én proporciona medidas complementarias de sostenimiento de los precios del mercado . 
Esos gastos se destinan principalmente a los productores de productos lácteos . Además, se realizan 
pagos por superficie para las semillas oleaginosas, las proteaginosas, lo s cereales y la remolacha 
azucarera."  
 
Question 22 : 
¿Está considerando actualmente Suiza modificaciones en sus medidas de sostenimiento de los 
precios de mercado, además de aquellas señaladas en el apartado 4.1.3 del EPC?  
 
Switzerland's answer:  
With the implementation of the AP 14 -17, Switzerland eliminated all market price support expect for 
tobacco . In relation to other product -specific support for the plant production, the following 
modifications are foreseen : The crop premium for grain legumes will no  longer be limited to grain 
legumes for the production of animal feed . In addition, the scope of the contribution will be extended 
in order to include other legume species . With regard to product -specific support for dairy, there are 
currently no changes f oreseen.  
 
4.1.5 Evolución de la ayuda  
 
El párrafo 4.67 del Informe de la Secretaría indica : "Suiza sigue la tendencia de la OCDE y la Unión 
Europea a introducir reformas para reducir las medidas que distorsionan el comercio y la  
producción (gráfico 4.1) . Sin embargo, la EAP representó el 51 .9% de los ingresos agrícolas brutos 
en 2020, lo que significa que casi más de la mitad de los ingresos de los agricultores se debieron a 
políticas de ayuda . En términos relativos, los agricultores suizos recibieron más del doble de la ayuda 
prestada a los agricultores de la UE (EAP del 19 .3%) y del promedio de la OCDE (18 .2%)." 
 
Question 23 : 
¿Prevé Suiza mantener la tendencia a la reducción en las medidas que distorsionan el comercio y la 
producción agríco las en el mediano plazo?  
 
Switzerland's answer:  
Within our agricultural policy framework for 20 14-2017, subsequently extended to 2022, Switzerland 
continues to focus on the deregulation of agricultural markets as well as on improving our direct 
payment scheme in order to be more efficient and effective (e.g. continuation of environmental 
cross-compliance conditions, abolition of general area payments, reallocation of payments related 
to specific agricultural practices) . Another step in the reform  process was the abolition of all 
remaining export subsidies in 2019.  
Switzerland has always been engaged to the continuation of the reform process following  
Article 20 of the WTO Agreement on Agriculture . In this context, Switzerland is ready to take its  
engagements, preferably in the scope of larger negotiating packets.  
Discussions concerning future development of the Swiss agricultural policy are continuing.  
 
 
 WT/TPR/M/425/Add.1  
 
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Preguntas de Argentina al Informe País WT/TPR/G/425  
 
En el párrafo 1.52 se alude al Seguro Suizo contra los Riesgos de Exportación (SERV), organización 
de derecho público de la Confederación.  
 
Question 24 : 
¿Cómo se financia la actividad del SERV ? ¿Su presupuesto incluye aportes gubernamentales?  
 
Switzerland's answer:  
The Federal Act on the Swiss Export Risk Insurance (FA -SERV) of 1 6 December  2005 (as  
of 1 January  2016) provides the framework conditions . SERV is an institution under public law with 
its own legal personality . It is independent in its organisation and management and keeps its own 
accounts (see FA -SERV Art icle 3). In the Principles of Business Policy (see FA -SERV Art. 6) SERV is 
tasked to work as an economically viable insurance for sovereign and private risks and hast to charge 
risk-oriented premiums in individual cases . Therefore, SERV is self -funding via charging (OECD) 
Arrangement -conform premia.  
 
En el párrafo 1.58 se explica que Suiza eliminará los derechos de aduana aplicados a los productos 
industriales a partir del 1  de enero  de 2024.  
Question 25 : 
¿Esta eliminación tendrá lugar íntegramente el 1  de enero  de 2024 o se trata de una eliminación 
progresiva?  
 
Switzerland's answer:  
The lifting of industrial tariffs will be fully implemented on 1 Januar y 2024 (no phasing out).  
 
En el párrafo 1.72 Suiza señala que ha eliminado las subvenciones a la exportación de productos 
agropecuarios, para lo que ha sido necesario modificar la legislación nacional.  
 
Question 26 : 
¿Cuáles normas suizas debieron modificarse para cumplimentar la decisión adoptada en la Déc ima 
Conferencia Ministerial, celebrada en Nairobi?  
 
Switzerland's answer:  
Switzerland has abolished all export subsidies as of 1 January  2019. The 1974 Federal Law on the 
Import and Export of Processed Agricultural Products, under which exports of processed agricultural 
products could be granted export contributions, was repealed and replaced by the Federal Law on 
the Import of Processed Agricultural Products (RS 632.111.72).   WT/TPR/M/425/Add.1  
 
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20  NEW ZEALAND  
REPORT BY SWITZERLAND (WT/TPR/G/425)  
 
SECT ION 1.4.1 
 
WT/TPR/G/425, page 13, paragraph 1.58  
 
Section 1.4.1, paragraph 1.58 states "It is important for Switzerland to improve conditions to 
promote open markets . Thus, Switzerland will remove tariffs on industrial products as  
of 1 January  2024. The removal of tariffs will benefit Swiss consumers and businesses by reducing 
the price of many consumer goods, production costs and the administrative burden on importing 
businesses . Trade relations will become more efficient, and competition will be strengthened."  
 
Question 1 : 
New Zealand welcomes the planned removal of tariffs on industrial products and would be interested 
to understand whether Switzerland also considers similar advantages as the ones listed in this 
section in regard to agricultural products?  
 
Switzer land's answer:  
The agricultural tariff system is regularly reviewed . Currently, there are no plans to implement 
changes to the tariff system.  
 
WT/TPR/G/425, page 14, paragraph 1.72  
 
Section 1.4.1, paragraph 1.72 states "With respect to agriculture, Switzer land will pursue its 
constructive engagement in negotiations, underlining the need to adequately take into account 
non-trade concerns."  
 
Question 2 : 
New Zealand understands that the new article on food security in the Swiss  
Constitution (Article 104a) requires the Swiss Government to guarantee the supply of food to the 
population based on a set of predefined criteria . Are there any further non -trade c oncerns that need 
to be taken into account in negotiations?  
 
Switzerland's answer:  
As a net -food importing country, food security is an important non -trade concern for Switzerland . 
This is reflected in Article 104a of the Federal Constitution . The Federal Constitution does also foresee 
other important non -trade concerns related to sustainable development such as the protection of 
the environment, rural development and animal welfare . Most importantly, it supports the concept 
of multifunctionality of our agr icultural sector.  
 
WT/TPR/G/425, page 17, paragraph 1.96  
 
Section 1.4.6, paragraph 1.96 states "Switzerland participates actively in the negotiations on the 
Agreement on Climate Change, Trade and Sustainability (ACCTS) . This initiative aims to demonstrate 
the mutual support and complementarity of trade and environmental policies . The initiative thus 
provides a systemic contribution to the debate on trade and environment, including within the WTO."  
 
Question 3 : 
New Zealand commends Switzerland fo r its constructive support and collaboration on the Agreement 
on Climate Change, Trade and Sustainability, and its ongoing efforts to work towards a better 
multilateral nexus of trade and environmental policies.  
 
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/425 ) 
 
SECT ION 2.2 
 
WT/TPR/S/425, page 37, paragraph 2.10  
 
Section 2.2, paragraph 2.10, elaborates on the action areas identified in Switzerland's Foreign 
Economic Policy Strategy, stating that "For example, action areas identified in the strategy, inter WT/TPR/M/425/Add.1  
 
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alia, include prioritization of a multilateral approach to asserting Switzerland's interests, keeping 
import and export trade as open and regulated as possible, focusing on main trading partners while 
maintaining an independent position in the changing geopolitical environment, and boosting 
resilience to crisis situations by enabling access to geographicall y diverse and resilient markets."  
 
Question 4 : 
How does Switzerland intend to maintain an independent position in the changing geopolitical 
environment, for example Russia's illegal and unjustified invasion of Ukraine?  
 
Switzerland's answer:  
Switzerland's foreign policy strategy is underpinned by the constitutional principles of freedom, the 
rule of law, equality of opportunity and sustainability . Regarding implementation, the focus is on 
universality, multilateralism and neutrality . Neutrality in particula r is an important instrument in 
securing Switzerland's independence.  
Switzerland continues to fully comply with its obligations as a neutral state and does not favor any 
warring party . However, Switzerland's neutrality policy affords a broad scope of actio n and 
extraordinary developments are taken into account . Switzerland has condemned Russia's military 
aggression against Ukraine and the corresponding violations of fundamental norms of international 
law in the strongest possible terms and has decided to ad opt the EU sanctions against Russia . 
Fostering peace and security and the respect for international law are values that Switzerland, as a 
democratic country, supports and shares with its European neighbours.  
 
SECT ION 2.4.1 
 
WT/TPR/S/425, page 51, paragraph 2.45  
 
Section 2.4.1, paragraph 2.45 states that Switzerland's "trade regime, with high trade barriers (in 
agriculture) and tariff complexity, has been singled out by the WEF as a key area where there is 
room for improvement."  
 
Question 5 : 
New Zealand would be interested to learn if Switzerland has any plans to reduce trade barriers and 
tariff complexity in agriculture, based on the WEF's recommendation?  
 
Switzerland's answer:  
The tariff system is regularly reviewed . Currently, there are no plans to implement changes to the 
tariff system.  
 
SECT ION 3.1.3.4  
 
WT/TPR/S/425, page 63, paragraph 3.33  
 
Section 2.4.1, paragraph 2.46 elaborates on the Swiss system stockpiling certain commodities, with 
compulsory stock requirements in place for foodstuf fs, energy, fertilizers, therapeutic products and 
gas. The section notes : "Compulsory stocks are also available to Liechtenstein . Over the review 
period, there have been no changes to the commodity groups subject to compulsory stockpiling."  
 
Question 6 : 
New Zealand would be interested to understand if there has been any analysis of the impact and 
role of the stockpiling system (national economic supply) in increasing Switzerland's resilience 
towards supply shortages and bottlenecks during the COVID -19 pande mic. 
 
Switzerland's answer:  
It is an ongoing task of the National Economic Supply to review the adequacy of compulsory 
stockpiling and to adapt it to the changing environment if necessary . Every four years, the 
Confederation conducts a review in close cooperation with the economic sectors concerned . In it, it 
shows the design of the compulsory stockpiling as well as the envisaged development of the 
individual products, ranges and quantities . With regard to products in short supply during the 
COVID-19 pandemic, an extraordinary inter -office review is currently taking place.  
 
 
 WT/TPR/M/425/Add.1  
 
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SECT ION 3.3.4.3  
 
WT/TPR/S/425, page 98, paragraph 3.151  
 
In Section 3.3.4.4, paragraph 3.151, the Secretariat notes that "Agricultural import threshold prices 
are a special case of price controls or administered prices, as they are also an instrument of 
agricultural protection" . These import duties "allow the authorities to control and stabilize the 
domestic prices of the agricultural products concerned".  
 
Question 7 : 
• New Zealand notes that according to Section 1.4.1 of the Government Report "It is 
important for Switzerland to improve conditions to promote open markets . Thus, 
Switzerland will remove tariffs on industrial products as of 1 January  2024. The removal 
of tariffs will be nefit Swiss consumers and businesses by reducing the price of many 
consumer goods, production costs and the administrative burden on importing businesses . 
Trade relations will become more efficient, and competition will be strengthened."  
• Has Switzerland co nsidered applying a similar approach to agricultural tariffs to benefit 
consumers and strengthen competition?  
 
Switzerland's answer:  
Enhanced competitiveness is a goal of the current agricultural policy . Switzerland's agricultural policy 
is oriented to -wards a long -term strategy and built upon stable, foreseeable and coherent conditions 
for farming which permits mid - and long -term improvements of competition parameters such as 
efficiency and effectiveness of the sector as a whole . The tariff system is re gularly reviewed . 
Currently, there are no plans to implement changes to the tariff system  
 
SECT ION 4.1.2.1  
 
WT/TPR/S/425, page 119, paragraph 4.16  
 
In Section 4.1.2.1, paragraph 4.16 of the secretariat report, Switzerland has reduced its applied 
MFN tariff s on agricultural products by 5 .4% between 2016 and 2021 . However, meat and dairy 
products benefit from the highest level of tariff protection.  
 
Question 8 : 
• New Zealand welcomes and appreciates Switzerland's commitment to reducing agricultural 
MFN tariffs . However, New Zealand notes that high tariffs remain for meat and dairy.  
• Has Switzerland considered applying a similar approach to agricultural tariffs for meat and 
dairy to benefit consumers and strengthen competition?  
 
Switzerland's answer:  
 
Enhanced competitiveness is a goal of the current agricultural policy . Switzerland's agricultural policy 
is oriented to -wards a long -term strategy and built upon stable, foreseeable and coherent conditions 
for farming which permits mid - and long -term improvements of competition parameters such as 
efficiency and effectiveness of the sector as a whole . The tariff system is regularly reviewed . 
Currently, there are no plans to implement changes to the tariff system for meat and dairy.  
 
SECT ION 4.1.1 
 
WT/TPR/S/425, page 117, paragraph 4.8  
 
In Section 4.1.1, paragraph 4.8 of the secretariat report, a referendum is outlined in which "the 
Swiss electorate adopted a new article of food security in the Swiss Constitution" intended to 
guarantee the supp ly of food to the Swiss population.  
 
Question 9 : 
• New Zealand appreciates that maintaining food security is an important goal.  
• Has Switzerland examined the role a more open trading system can play in terms of 
maintaining food security?  
 WT/TPR/M/425/Add.1  
 
- 113 - 
 
Switzerland's answer : 
Switzerland is a net food -importing country and therefore relies on well -functioning trade relations 
in order to guarantee our national food security . This is reflected in our Article 104a of our Federal 
Constitution which stipulates that cross -border trade relations that contribute to the sustainable 
development of the agriculture and food sector are one of the elements necessary to ensure food 
security . Switzerland has always been engaged in the continuation of the reform process following 
Article 20 of the WTO Agreement on Agriculture.   WT/TPR/M/425/Add.1  
 
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21  MEXICO  
Informe de la Secretaría (WT/TPR/S/425)  
 
1 ENTORNO ECONÓMICO  
1.1 Principales características de la economía  
1.3 Desafíos estructurales  
Párrafo 1.28  
PP.27  
 
1.28. El envejecimiento de la población representa un peligro inminente para la productividad y el 
saldo fiscal del Gobierno . En 2021, el FMI recomendó encarecidamente la implementación de nuevas 
reformas de las pensiones . En 2021, la Asamblea Federal aprobó el aumento de la edad de jubilación 
de las mujeres a los 65 años, la misma edad que para los hombres . De todas maneras, las 
consecuencias del envejecimiento de la población en la economía y el gasto público serán 
sustanciales, y se están estudiando otras medidas sobre la reforma de las pensio nes en el momento 
de redactar el presente documento.  
 
Pregunta  1: 
¿Qué pasos o medidas se están evaluando para mitigar los impactos en la productividad y en el 
saldo fiscal del Gobierno asociados a los cambios demográficos en la población suiza (envejecimi ento 
de la población) ? 
What steps or measures are being evaluated to mitigate the impacts on productivity and the 
government's fiscal balance associated with demographic changes in the Swiss population (ageing 
of the population)?  
 
Switzerland's answer:  
The Federal Department of Finance has recently published a report on the long -term sustainability 
of public finances in Switzerland (see report) . If demographics and the economy develop as assumed 
in the report, there will be an additional burden for the public finances due to increased expenditure 
for the old -age and survivors' insurance (AVS), health - and long -term care . This will lead to an 
increase in the ratio of general government expenditure to GDP and the public -debt-to-GDP ratio . 
While the AVS aff ects the federal level, the sector of health - and long -term influences the budgets 
of cantons and municipalities . Demographic change is also likely contributing to a savings overhang 
of the economy, which tends to increase the current account surplus.  
In relation to the AVS, the reform AVS 21 has passed Parliament in December  2021 (see Federal 
Social Insurance Office) . The reform seeks to ensure the financial equilibrium of the AVS to safeguard 
the level of benefits in the AVS . Essentially, it involves stan dardizing the retirement age by raising 
the age for woman by one year to 65, in line with that for men . Extra funding is to be provided 
through VAT, which is to be increased by 0.4 percentage points . The public vote on the reform 
AVS 21 is expected to take  place in autumn 2022 . These legislative changes will enable the financial 
stabilization of the AVS until 2030 ; after that, further measures will be necessary.  
Two reform packages have been recently put together by the federal government to contain cost 
growth in the mandatory health insurance (MHI), which would mitigate the pressure on cantonal 
health budgets simultaneously (see Federal Office of Public Health) . The first package that the 
parliament has partly approved includes as key elements the fosterin g of flat -rate tariffs in 
ambulatory care and the option for cantons to implement pilot cost -containment schemes . The 
second package foresees inter alia the introduction of a gatekeeping system and a strengthening of 
coordinated care . Furthermore, the fede ral government has introduced a bill on budgetary targets 
to mitigate the cost growth of MHI to the Swiss parliament in November  2021 (see Swiss Parliament ; 
Federal Office of Public Health ; WP Federal Finance Administration No. 22). This bill should serve as 
a counter -proposal to the popular initiative "Cost Break for the MHI" by the parliamentary fraction 
"The Middle" . However, both the counter -proposal and the popular initiative are highly contested in 
parliament . The final parliamentary decision regardin g the recommendation on the popular initiative 
and its counter -proposal is outstanding.  
The long -term perspectives for public finances assumes that the share of the labour force will 
decrease due to the ageing of the population . On the other hand, it is as sumed that productivity can 
be maintained (according to the long -term average) . If productivity were to fall as well, the impact 
on economic growth and thus on the tax revenues of public budgets would be stronger .  
On 16 February  2022, the Federal Council published an overview of measures to strengthen the 
economy (see press release ; not available in English) . To increase productivity, the focus is on WT/TPR/M/425/Add.1  
 
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increasing competition in the domestic market . Moreover, shortages in labour supply are expected 
to provide incentives for labour -saving technical progress, for example, by digitalization.  
 
1 ENTORNO ECONÓMICO  
1.1 Principales características de la economía  
1.3 Desafíos estructurales  
Párrafo 1.33  
PP. 29  
 
1.33. La tasa de desempleo de Suiza es estructuralmente baja . Durante el período objeto de examen, 
se mantuvo en un máximo del 3 .3%, frente a un promedio de entre el 6 % y el 9 % en la UE. De 
todas maneras, el desempleo está desequilibrado entre los ciudadanos suizos y los extranjeros . 
Entre ener o de 2016 y septiembre de 2021, la tasa de desempleo mensual de los ciudadanos suizos 
osciló entre el 1 .6% y el 2 .5%, mientras que la de los extranjeros fue de entre el 3 .5% y el 6 .9%. 
Además, el mercado de trabajo se sigue caracterizando por desequilibrios de género : en 2018 (datos 
más recientes), el salario medio de las mujeres fue un 19 % más bajo que el de los hombres . Si bien 
el 54.6% de esta diferencia obedece a factores objetivos como el puesto profesional o el nivel de 
educación, el 45 .4% todavía no tiene explicación . La brecha de género es ligeramente inferior en el 
sector público que en el sector privado, y la proporción de factores no explicados, que reflejan una 
posible discriminación, es inferior en el sector público. Las autoridades  indican que no esperan que 
la pandemia de COVID -19 tenga gran repercusión en la brecha salarial de género . En 2020, se 
actualizó la Ley Federal de Igualdad de Género, de l 24 de marzo  de 1995 (RS 151.1), para introducir 
el requisito obligatorio de que una entidad independiente analice la igualdad salarial en las empresas 
que emplean a más de 100 trabajadores. La Estrategia de Igualdad aprobada en 2021 se basa en 
cuatro pilares, y el segundo corresponde a la promoción continua de la igualdad en la vida 
profesional . El Consejo Federal tiene la intención de eliminar toda discriminación salarial basada en 
el género . Las correspondientes medidas deben adoptarse o aplicarse para 2023. Además de la 
discriminación salarial, las mujeres a veces se enfrentan a desince ntivos para participar en la fuerza 
de trabajo, ya que la tributación conjunta de los ingresos da lugar a tipos impositivos marginales 
elevados para los segundos perceptores de ingresos en el caso de las parejas casadas . La 
introducción de la tributación i ndividual aumentaría los incentivos para trabajar . El Consejo Federal 
tiene previsto llevar a cabo un procedimiento de consulta en otoño de 2022.  
 
Pregunta  2: 
De acuerdo al Informe de la Secretaría se indica que la Estrategia de Igualdad aprobada en 2021 s e 
basa en cuatro pilares, y el segundo corresponde a la promoción continua de la igualdad en la vida 
profesional . El Consejo Federal tiene la intención de eliminar toda discriminación salarial basada en 
el género y las correspondientes medidas deben adoptarse o aplicarse para 2023 . Además de la 
discriminación salarial, las mujeres a veces se enfrentan a desincentivos para participar en la fuerza 
de trabajo, ya que la tributación conjunta de los ingresos da lugar a tipos impositivos marginales 
elevados  para los segundos perceptores de ingresos en el caso de las parejas casadas . La 
introducción de la tributación individual aumentaría los incentivos para trabajar.  
Al respecto, nos podría compartir Suiza mayor información sobre las acciones que señala en I nforme 
de la Secretaría tiene previsto Suiza realizar este año.  
/ According with the Report by the Secretariat, the Equality Strategy approved in 2021 is based on 
four pillars, the second being "continued promotion of equality in the professional life" . The Federal 
Council intends to eliminate any gender -based salary discrimination and to implement measures 
should be adopted or put in place by 2023 . In addition to salary discrimination, women sometimes 
face disincentives to participate in the labour force a s joint taxation of income leads to high marginal 
tax rates for second earners in the case of married couples . The introduction of individual taxation 
would improve the incentives to work.  
In this regard, could Switzerland share with us more information on  the actions indicated in the 
Report by the Secretariat that Switzerland plans to carry out this year.  
 
Switzerland's answer:  
Individual taxation is intended to eliminate the "marriage penalty" (i.e. the additional tax burden on 
married couples compared to  cohabiting couples in the same economic circumstances) in order to 
create employment incentives for second earners (usually women) and to improve equal 
opportunities for men and women . Income and assets of married couples are to be divided among 
the partn ers according to civil -law circumstances . In principle, married couples will be taxed in the 
same way as cohabiting couples.  WT/TPR/M/425/Add.1  
 
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It is expected that the Swiss Government will set parameters for a draft law in the 2nd quarter  
of 2022 . The opening of the public consultation is planned for the second half of 2022 . It is expected 
that the Swiss Government will submit the draft law to the Parliament towards the end of 2023.  
 
2 REGÍMENES DE COMERCIO E INVERSIÓN  
2.2 Acuerdos y arreglos comerciales  
2.3.2 Acuerdo s comerciales regionales (ACR)  
Párrafo 2.17  
PP. 42  
 
2.17. La SECO encargó recientemente un estudio para evaluar en qué medida las empresas suizas 
aplican las preferencias arancelarias disponibles a través de los ACR (tanto con respecto a sus 
importaciones como a sus exportaciones) . Se constató que, en términos generales, en 2018, los 
acuerdos de libre comercio (ALC) permitieron a los importadores suizos ahorrar CHF 2.500 millones 
en derechos de aduana (lo que corresponde a una tasa de utilización media del 73% en el caso de 
las importaciones) . En cuanto a las exportaciones, la tasa de utilización fue del 80 % en 2018, lo que 
representa un ahorro de CHF 1.800 millones en derechos de aduana. Se ha establecido un sistema 
de seguimiento para cada interlocutor com ercial con datos correspondientes a 2019 . En un segundo 
estudio encargado por la SECO se examinó, en mayor detalle, el ahorro en derechos del que se 
beneficiaban las distintas categorías de importadores . Se constató que tanto las pymes como las 
grandes emp resas se beneficiaron por igual de los ALC durante el período 2016 -2019, al ahorrar en 
derechos un 87 % y un 86 %, respectivamente, en comparación con los derechos que habrían pagado 
sin ALC . El ahorro medio en derechos para todas las categorías de importado res fue del 84 % en ese 
mismo período . A partir de esos resultados, la SECO llevó a cabo una encuesta a las empresas 
importadoras para averiguar por qué algunas empresas suizas no utilizaban los ACR . Según las 
informaciones, el principal motivo era que las empresas no estaban suficientemente informadas 
sobre las condiciones que debían cumplir para beneficiarse de los ALC . El cumplimiento de las normas 
de origen también parecía representar un factor impo rtante . Las autoridades indican que la SECO 
sigue analizando las respuestas a ese cuestionario a fin de determinar si una labor adicional puede 
ayudar a promover que las empresas hagan mayor uso de los ALC de Suiza.  
 
Pregunta  3: 
Resulta relevante la tasa d e utilización del 80 % de las preferencias arancelarias disponibles en los 
ACRs por parte de las empresas suizas . En ese sentido, ¿podría Suiza comentar y dar ejemplos 
acerca del tipo de políticas que han implementado para lograr que más empresas se benefic ien de 
los ACRs?  
/ The utilization rate of 80 % of the tariff preferences available in the RTAs by Swiss companies is 
relevant . In that sense, could Switzerland comment and give examples about the type of policies 
that they have implemented to ensure that m ore companies benefit from RTAs?  
 
Switzerland's answer:  
Switzerland initiated  extensive work to identify the factors that lead to incomplete use of FTAs . The 
aim is to identify measures to further increase the use of FTAs.  
 
2 REGÍMENES DE COMERCIO E INVERSIÓN  
2.2 Acuerdos y arreglos comerciales  
2.3.2 Acuerdos comerciales regionales (ACR)  
Párrafo 2.22  
PP. 48  
 
Párrafo 2.22  
 
2.22. Desde 2010, a raíz de la elaboración de un capítulo modelo sobre el comercio y el desarrollo 
sostenible por los Estados de la  AELC, se han integrado disposiciones sobre la sostenibilidad en todos 
los nuevos ACR de Suiza . En 2019, el capítulo modelo se revisó para incluir nuevos temas, como la 
protección climática, la ordenación sostenible de los recursos forestales y marítimos, la preservación 
de la diversidad biológica, la agricultura sostenible, las cadenas de suministro sostenibles, la 
conducta responsable de las empresas y la igualdad de género y el comercio inclusivo . El mecanismo 
de solución de diferencias en esas esferas s e reforzó con la incorporación de un grupo de expertos 
como instrumento complementario para resolver las diferencias.  
 WT/TPR/M/425/Add.1  
 
- 117 - 
 
Pregunta  4: 
Sobre la elaboración de un nuevo capítulo modelo sobre el comercio y el desarrollo sostenible por 
los Estados de la AELC, y su revisión en 2019 que contempló la inclusión de nuevos temas tales 
como : protección climática, agricultura sostenible, cadenas de suministro sostenibles, conducta 
responsable de las empresas, igualdad de género y comercio inclusivo ¿podría Suiza comentar con 
qué países en el marco de sus ACR, ya sea concluidos de negociar o implementados, ha incluido este 
capítulo, incluyendo la revisión y actualización con nuevas disciplinas ? 
/ Regarding the elaboration of a model chapter on trade and sustainable  development by the EFTA 
States, and its review in 2019 that included new themes, such as : climate protection, sustainable 
agriculture, sustainable supply chains, responsible business conduct and gender equality and 
inclusive trade, could Switzerland comme nt with which countries in the framework of its RTAs, 
whether negotiated or implemented, has included this chapter, including revision and updating with 
new disciplines?  
 
Switzerland's answer:  
The first model chapter on trade and sustainable development wa s developed in 2010 . All FTAs 
concluded by Switzerland since then include such provisions . In 2019, Switzerland and the other 
EFTA Members updated their model approach . Since then, the revised version of the model chapter 
is proposed in all negotiations for new agreements and in modernization processes of existing 
agreements . There are no agreements containing all the new areas covered in the model chapter 
yet. 
 
2 REGÍMENES DE COMERCIO E INVERSIÓN  
2.3 Acuerdos y arreglos comerciales  
2.3.2 Acu erdos comerciales regionales (ACR)  
2.3.2.4 Acuerdos bilaterales de Suiza con la Unión Europea  
Párrafo 2.37  
PP.53  
 
2.37. En 2017, entró en vigor para Suiza un acuerdo sobre el intercambio automático de información 
que sustituye al acuerdo en materia de fiscalidad de los rendimientos del ahorro de 2005. El acuerdo 
de 2017 se basa en la norma internacional sobre el intercambio automático de información adoptada 
por la OCDE y abarca el intercambio anual de información sobre cuentas financieras entre Suiza y  
los Estados miembros de la UE para afrontar la evasión fiscal . El acuerdo contiene esencialmente 
tres elementos : el intercambio automático de información según la norma internacional de la OCDE ; 
el intercambio de la información que se solicite de conformi dad con el artículo 26 del Modelo de 
Convenio Tributario de la OCDE de 2014 ; y la exención del impuesto en origen de los pagos 
transfronterizos de dividendos, intereses y regalías entre empresas  
asociadas (que ya formaba parte del acuerdo de 2005) . Además , un nuevo acuerdo entre Suiza y la 
Unión Europea entró en vigor en enero de 2020 para combinar los regímenes de comercio de 
derechos de emisión de gases de efecto invernadero de la Unión Europea y Suiza, y se estableció 
un nuevo comité mixto de la UE y Su iza a ese respecto.  
 
Pregunta  5: 
El informe de la Secretaría se informa que Suiza y la Unión Europea acordaron un nuevo acuerdo en 
enero de 2020 para combinar los regímenes de comercio de derechos de emisión de gases de efecto 
invernadero de la Unión Europea y Suiza . ¿Podría Suiza compartir información adicional sobre su 
experiencia y los resultados obtenidos en la vinculación de estos sistemas ? 
/ The Report by the Secretariat informed that Switzerland and the EU agreed a new agreement on 
January  2020 to couple the greenhouse gas emission allowance trading schemes of the EU and 
Switzerland, could Switzerland share additional information on its experience and the results 
obtained in linking these systems?  
 
Switzerland's answer:  
The Linking Agreement with the EU entered into force on 1 January  2020. Since then, the emissions 
trading systems of Switzerland and the EU are linked . The Linking Agreement does not affect the 
independent character of the Swiss and the EU ETS, but rather ensures the equivalence of the 
relevant qualitative requirements and considerations to safeguard the integrity of the linked carbon 
markets and the level playing field for operators.  
As from 1 January  2020, emissions generated under either system can be co vered by surrendering 
allowances issued in either system, meaning that the allowances are fully fungible . Therefore, 
operators of both systems can access a larger market, which may unlock efficiency gains.  WT/TPR/M/425/Add.1  
 
- 118 - 
 
 
2 REGÍMENES DE COMERCIO E INVERSIÓN  
2.4 Régimen d e inversiones y entorno comercial  
Párrafo 2.45  
PP.56  
 
2.45. Suiza sigue ofreciendo un entorno muy estable y propicio para los inversores y las empresas . 
Ello se refleja en el hecho de que este país ocupa los primeros puestos en diversos índices . Por 
ejempl o, figuraba en quinto lugar entre 141 economías en el índice de competitividad mundial  
de 2019 del Foro Económico Mundial ; en cuarto lugar entre 178 economías en el índice de libertad 
económica de 2021 de la Heritage Foundation ; en tercer lugar compartido  en el índice de percepción 
de la corrupción de 2020 de Transparency International ; e n primer lugar  
entre 152 economías en el índice de comercio electrónico entre empresas y consumidores de la 
UNCTAD ; y en primer lugar entre 64 economías en el índice de c ompetitividad mundial  
de 2021 del Instituto Internacional para el Desarrollo de la Gestión. Sin embargo, se situó por debajo 
del promedio de la OCDE en el indicador de la OCDE de reglamentación de los mercados de productos 
en toda la economía de 2018. Sui za ha recibido, entre otras cosas, una calificación elevada en cuanto 
a su estabilidad macroeconómica, el buen funcionamiento y la estabilidad del mercado financiero, la 
mano de obra cualificada y el buen funcionamiento del mercado laboral, la capacidad de  adaptación 
e innovación, la firme observancia de los derechos de propiedad y un sistema judicial equitativo e 
independiente . Por otro lado, el Foro Económico Mundial ha señalado que hay margen de mejora en 
una esfera clave, su régimen comercial, habida cu enta de los elevados obstáculos al comercio (en 
el sector agropecuario) y de la complejidad de los aranceles . La OCDE considera que el grado de 
propiedad pública de la economía constituye un obstáculo a la competencia. Liechtenstein no figura 
en esos índic es. 
 
Pregunta  6: 
Aunque Suiza ocupa los primeros puestos en diversos índices, se situó por debajo del promedio de 
la OCDE en el indicador de la OCDE de reglamentación de los mercados de productos en toda la 
economía de 2018 . Por otro lado, el Foro Económico Mundial ha señalado que hay margen de mejora 
en una esfera clave, su régimen comercial, habida cuenta de los elevados obstáculos al  
comercio (en el sector agropecuario) y de la complejidad de los aranceles, ¿qué pasos o med idas 
están evaluando o implementado en materia de reglamentación de los mercados ? 
/ Notwithstanding Switzerland ranks high in various index, it ranked below the OECD average, 
specifically in the OECD's 2018 product market regulation economy -wide indicator . On the other 
side, the World Economy Forum has pointed out that there is room for improvement given its trade 
regimen, with high trade barriers (in agriculture) and tariff complexity, could Switzerland please 
share with us which steps or measures are eval uating or implementing in terms of market regulation?  
 
Switzerland's answer:  
The OECD index shows that Switzerland has an above -average number of state -owned companies . 
This particularly affects infrastructure markets such as the electricity market . In has to be taken into 
account, that such markets are strongly regulated due to network effects . However, the Federal 
Council is aware that state -owned  enterprises can have distorting effects on competition . Switzerland 
therefore has comprehensive governance  rules designed to mitigate any distortions of competition 
caused by state -owned enterprises . The OECD index does not fully take this into account . In order 
to lower potential distortions, the Federal Council is currently seeking to privatize PostFinance . 
PostFinance is a subsidiary of Swiss Post, which is state -owned . The Federal Council has also taken 
various other measures to strengthen competition in product markets . These measures include the 
revision of the cartel act in order to modernise the merger control . Furthermore, the Federal Council 
seeks to liberalize online sales of non -prescriptive pharmaceutical goods, which would increase 
competition in the market for pharmaceutical goods . Furthermore, Switzerland will abolish  
by 1 January  2024 all appli ed tariffs on industrial products as a measure to facilitating trade . The 
removal of tariffs will benefit Swiss consumers and businesses by reducing the price of many 
consumer goods, production costs and the administrative burden on importing businesses . Trade 
relations will become more efficient, and competition will be strengthened.  
 WT/TPR/M/425/Add.1  
 
- 119 - 
 
2 REGÍMENES DE COMERCIO E INVERSIÓN  
2.4 Régimen de inversiones y entorno comercial  
2.4.1 Suiza  
Párrafo 2.48  
PP. 58  
 
2.48. Suiza está abierta a la inversión, aunque persisten restricciones en algunas actividades en las 
que hay monopolios estatales (a saber, los servicios de transporte por ferrocarril, postales, de 
seguros y comerciales) . También se aplican requisitos de domicilio en los ámbitos del transporte 
aéreo, el transporte marítimo, la energía hidroeléctrica y nuclear, la explotación de oleoductos y 
gasoductos y el transporte de materiales explosivos . Además, algunas profesiones están reguladas, 
especialmente en los ámbitos de la salud, la educación, los sectores técnicos y jurídicos ; las 
autoridades suizas competentes han de reconocer los títulos de aptitud extranjeros antes de poder 
ejercer esas profesiones . Suiza impone restricciones a la adquisición de bienes inmuebles para 
vivienda/residencia, que en función d e la nacionalidad y la residencia del comprador puede estar 
sujeta a autorización . Todos los ciudadanos extranjeros pueden adquirir bienes inmuebles para fines 
profesionales, comerciales o industriales sin necesidad de autorización (se aplican excepciones a los 
bienes inmuebles destinados a la construcción, el comercio o el alojamiento en régimen de  
alquiler) . Las autoridades indican que desde enero de 2017 no se han impuesto nuevas restricciones 
a la IED . Los incentivos para apoyar a las empresas se descr iben en la sección 3.3.1.  
 
Pregunta  7: 
¿Podría explicar en detalle las diferentes restricciones que se aplican a la inversión extranjera ? 
/ Could Switzerland please explain in detail the different restrictions that apply to investment?  
 
Switzerland's answer:  
Restrictions to foreign or non -resident investors apply in the following sectors:  
 
• Transport : Maritime transport and inland waterways : Swiss ownership, control & 
management are required for vessels to fly the Swiss flag, Swiss organis ation and 
commercial presence are required to navigate inland waterways including the Rhine under 
the Mannheim convention . Air transport : obligation to be domiciled  or on long term stay 
in CH to register aircrafts, authorisation to provide transport servic es in CH -Airspace is 
subject to domicile or permanent stay, unless regulated otherwise in air services 
agreements . Airborne internal transport requires authorisation or a concession, granted 
to enterprises incorporated in Switzerland with Swiss ownership, or as foreseen in bilateral 
agreements . Rail transport services and regular passenger road transport require a 
concession, reserved to enterprises incorporated in CH or with substantial CH ownership.  
• Postal services : monopoly for letters.  
• Public monopolies  on fire and natural damages insurance.  
• Commercial services : Sale of explosives is subject to authorisation and reserved to 
residents or firms incorporated in Switzerland.  
• Energy : Pipelines (oil and gas) : For foreign -owned or controlled companies a registered 
office and management presence in Switzerland is required . Nuclear Energy : New 
constructions of power plants are prohibited, a transfer of a general authorisation to 
operate a nuclear power needs an authorization . Hydroelectric power : Concession or 
authorisation is required for the use of water.  
• Real estate and real estate services : Restrictions on purely financial investments in 
residential real estate.  
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamen te a las importaciones  
Párrafo 3.1  
PP. 62  
 
3.1. Desde el 1  de enero  de 2022, el organismo encargado de aplicar los procedimientos aduaneros 
en Suiza es la Oficina Federal de Aduanas y Seguridad Fronteriza (FOCBS), que ha sustituido a la 
Administración Fede ral de Aduanas (FCA) . En el marco del proyecto DaziT, la administración de 
aduanas está siendo objeto desde 2018 de un proceso de transformación digital y organizativa que 
se extenderá hasta 2026 y cuyo objetivo es hacer frente a los desafíos futuros asoci ados al aumento 
del tráfico y el comercio, así como aprovechar las oportunidades de digitalización . Entre los 
beneficios previstos figuran la reducción de los costos que acarrea la reglamentación, una WT/TPR/M/425/Add.1  
 
- 120 - 
 
recaudación más eficiente de los ingresos y un aumento de la seguridad gracias a la implantación 
de controles eficaces . Ya se han emprendido algunas iniciativas concretas en materia de facilitación 
del comercio (véase infra) . Además, en un futuro está previsto adoptar varias medidas, como el 
desarrollo de las fases 2 y 3 del Sistema de Control de la Importación (ICSa2) (en 2023 y 2024, 
respectivamente) y la introducción de un nuevo sistema de tráfico de mercancías (Passar) a partir 
de 2023 (véase infra). El despacho de aduana de las importaciones, las exportaci ones y las 
mercancías en tránsito en Liechtenstein corre a cargo de la FOCBS, como se establece en el Tratado 
de la Unión Aduanera firmado entre los dos países en 1923 . La Oficina de Asuntos Económicos de 
Liechtenstein se encarga de otros procedimientos ad uaneros en el país, en particular de los 
relacionados con el comercio de mercancías con los países miembros del Espacio Económico Europeo 
(EEE), como la verificación posterior al despacho de aduana.  
 
Pregunta  8: 
¿Cuáles son los principales cambios organizativos, institucionales o reglamentarios introducidos en 
la Oficina Federal de Aduanas y Seguridad Fronteriza que ha sustituido a la Administración Federal 
de Aduanas ? 
/ What are the main organizational, institutional or regulatory changes introduce d in the Federal 
Office for Customs and Border Security that have replaced the Federal Customs Administration?  
 
Switzerland's answer:  
Le programme de transformation numérique de l'OFDF implique des changements à tous les niveaux 
de l'organisation.  
 
Le nouv eau profil professionnel de "spécialiste en douane et sécurité des frontières " regroupe les 
professions actuelles de spécialiste de douane et de garde -frontière . Tous ces spécialistes suivront 
une formation de base commune portant sur le contrôle global de s marchandises, des personnes et 
des moyens de transport, et se spécialiseront ensuite dans au moins un de ces domaines . Le 
personnel opérationnel portera l'uniforme et sera armé en fonction de ses tâches . La première 
formation a débuté en août 2021 . Pour le personnel existant de l'OFDF, des cours de formation ciblés 
sont proposés.  
 
La structure organisationnelle a également été adaptée aux nouvelles exigences . L'accent est mis 
sur le renforcement des activités opérationnelles et la flexibilité de l'eng agement des ressources . 
Depuis 2019, l'OFDF se divise en six domaines de direction : Opérations, Analyse des données et des 
risques, Bases, Poursuites pénales, Soutien, et Planification et pilotage . Le domaine de direction 
Opérations rassemble les unités ac tuelles de la Douane et du Corps des gardes -frontière (Cgfr) et 
se compose de six régions (niveau régional) et de 23 unités locales (niveau local).  
Un remaniement en profondeur des bases légales est nécessaire pour uniformiser, simplifier et 
numériser les processus et systèmes de façon conséquente et offrir ainsi à l'OFDF la flexibilité 
nécessaire sur le plan organisationnel . Un projet de révision totale de la législation sur les douanes 
a été lancé à cet effet . L'économie et les organisations partenaires s ont étroitement associées à ce 
processus.  
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
3.1.3.2 Contingentes arancelarios  
Párrafo 3.29  
PP. 70  
 
3.29. Se aplican contingentes arancelarios a varios productos agropecuarios, que en 2021 abarcaron 
el 3.7% de las líneas arancelarias (frente al 3 .8% en 2016) (cuadro 3.3) . Se trata sobre todo de 
hortalizas alimenticias, carne y despojos comestibles, jugos de frutas, frutas frescas, flores cortadas, 
animales vivos, productos lácteos, vino y determinados cereales . Los contingentes arancelarios se 
pueden aumentar de manera autónoma, principalmente para mitigar situaciones de escasez interna. 
El proceso de asignación de los cont ingentes varía según el producto (sección 4.1) . Los contingentes 
arancelarios se gestionan mediante la presentación de una solicitud electrónica ("contingente 
electrónico") durante el proceso de declaración de aduanas.  
 
Pregunta  9: 
¿Podrían explicar en qué  otros casos concretamente se pueden autorizar importaciones por encima 
de los contingentes arancelarios y citar ejemplos de esos casos ? WT/TPR/M/425/Add.1  
 
- 121 - 
 
/ Could Switzerland please explain in which other cases concretely imports above the tariff quotas 
can be authorized an d cite examples of those cases?  
 
Switzerland's answer:  
The government monitors market conditions closely and has the authority to authorize imports 
beyond the consolidated tariff quota . In addition, there are several tariff rate quotas that are not 
administered and therefore imports within the quota can occur in unlimited quantities at the in -quota 
tariff.  
In 2020, TRQs with imports beyond the tariff quota quantity  
were No. 1, 2, 4, 5, 7, 8, 12, 13, 14, 15 and 19 . This information is contained in Sw itzerland and 
Liechtenstein's MA:2 notification G/AG/N/CHE/113.  
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
Párrafo 3.110  
PP.89  
 
3.110 . Los productos de la UE y del EEE no abarcados por el ARM de la UE/EEE todavía pueden 
beneficiarse de la facilitación del acceso a los mercados en virtud del principio "Cassis de Dijon" . 
Dicho principio, que Suiza y Liechtenstein vienen aplicando desde 2010, constituye un instrumento 
de política comercial para el iminar los obstáculos técnicos a las importaciones procedentes de la 
Unión Europea y la AELC, y aumentar así la competencia de las importaciones y contribuir a reducir 
los elevados precios vigentes en Suiza. En virtud de este principio, los productos puest os en 
circulación legalmente en los mercados de la Unión Europea y el EEE que cumplan las prescripciones 
técnicas de los mercados de la Unión Europea o el EEE (o las prescripciones de los Estados miembros 
de la UE/EEE en el caso de legislación parcialmente  armonizada o sin armonizar) podrán 
comercializarse en los mercados de Suiza y Liechtenstein sin inspección previa ni otros 
procedimientos previos de evaluación de la conformidad, aun cuando los productos no estén 
comprendidos en el ámbito de aplicación de  las prescripciones técnicas de Suiza . Se aplican 
exenciones por razones de interés público a los productos sujetos a permiso de importación ; 
prohibición de importación ; autorización ; notificación de conformidad con la legislación suiza relativa 
a los prod uctos químicos ; o exención otorgada por el Consejo Federal (lista negativa 177). En 
principio, los productos alimenticios están abarcados por el principio "Cassis de Dijon", pero están 
sujetos a prescripciones específicas, en particular los productos alime nticios que cumplen las 
prescripciones de la UE/EEE — pero no las prescripciones suizas  — deben ser autorizados por la 
Oficina Veterinaria Federal antes de comercializarse.  
 
Pregunta  10: 
¿Cómo se vincula el "Cassis  de Dijon" con las normas internacionales del Codex ? En virtud de que 
habla del etiquetado de venta on -line y en el mencionado organismo internacional, se está 
desarrollando una directriz sobre este tipo de etiquetado . 
/ How is "Cassis de Dijon" linked to international Codex standards ? By virtue of the fact that it refers 
to online sales labelling  and in the aforementioned international organization, a guideline on this 
type of labelling  is being developed . 
 
Switzerland's answer:  
Cassis de Dijon principle is a trade policy instrument to dismantle technical barriers to imports from 
the EU and EFTA arising due to different technical regulations . The EU/EEA as well as the Swiss 
legislation take into account international standards such as the Codex A limentarius.  
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
Párrafo 3.113  
PP.102  
 
3.113 . En 2021, la asociación de expertos químicos cantonales de Suiza y de Liechtenstein 
expresaron su preocupación por el hecho de que el etiquetado de productos alimenticios procedentes 
de vendedores en línea no fuera satisfactorio, ya que faltaba información sobre el 78 % de las tiendas 
en línea . De conformidad con la Ley Federal de Productos Alimenticios , la información disponible en 
línea debe ser idéntica a la que figura en la etiqueta de los alimentos vendidos físicamente. Este 
requisito no se aplica a las plataformas en línea extranjeras que venden alimentos, que no están 
comprendidos en el ámbito de aplicación de la legislación suiza y deben estar controlados por sus WT/TPR/M/425/Add.1  
 
- 122 - 
 
autoridades nacionales, por lo que los consumidores suizos que importan alimentos extranjeros lo 
hacen a su propio riesgo.  
 
Observación/pregunta 11:  
4 FSVO, Buying Food Online Viewed at : https://bit.ly/3py0tgg . 
 
Se señala que el enlace no funciona ¿Sería posible compartir otro enlace electrónico en el cual se 
pueda consultar mayor información sobre este esquema ? 
/ it is pointed out that the link does not work . Would it be possible to share another electronic link 
in which more information about this scheme can be consulted?  
 
Switzerland's answer:  
Link in French: Achat d'aliments en ligne (admin.ch)  
(https://www.blv.admin.ch/blv/fr/home/lebensmittel -und-
ernaehrung/lebensmittelsicherheit/verantwortlichkeiten/le bensmittel -online -einkaufen.html ). 
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
Párrafo 3.117  
PP.102  
 
3.117 . No ha habido novedades en relación con el régimen jurídico de los procedimientos de 
evaluación de la conformidad en Suiza . El Servicio de Acreditación Suizo (SAS) depende 
administrativamente de la SECO, pero, por lo demás, es independiente y tiene un presupuesto 
propio ; se encarga de la acreditación de laboratorios y org anismos de inspección y de certificación, 
teniendo en cuenta las normas internas . Toda decisión sobre la asignación, denegación, suspensión 
o retirada de una acreditación se adopta sobre la base de la Orden de Acreditación y Designación, 
del 17 de junio de 1996 (RS 946.512) . Las evaluaciones de la conformidad son realizadas por el 
fabricante o por un tercero independiente. El SAS también representa a Suiza ante las organizaciones 
internacionales de acreditación y evaluación de la conformidad.  
 
Pregunta  12: 
¿Cómo funciona el esquema de evaluación de la conformidad por parte del fabricante o tercera 
parte? 
/ How does the conformity assessment scheme by the manufacturer or a third-party work?  
 
Switzerland's answer:  
Before any product can be circulated, its conformity with the technical regulations must be  
assessed (conformity assessment) . Conformity assessments are carried out either by the 
manufacturer (manufacturer's declaration of conformity) ; or by an independen t third party 
(conformity assessment body) . However, some products, such as medicine, may only be circulated 
after approval by the competent authority (certification) . The legislator decides which procedure 
shall apply based on the potential risk presented  by the product.  
By an accreditation the conformity assessment bodies' technical and scientific competence is checked 
against specific international standards (EN  45000 and ISO 17000 ) in the process of accreditation . 
Accreditation ensures the competence of  the conformity assessments bodies in designated areas . 
When accreditation is performed against international standards it facilitates the international 
recognition of conformity assessments . Accreditation in Switzerland is carried out by the Swiss 
Accredi tation Service (SAS).  
 
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
Párrafo 3.120  
PP.103  
 
3.120 . Liechtenstein no dispone de un organismo nacional de normalización, pero se integra en el 
proceso de normalización respecto de las normas europeas armonizadas sobre la base del 
Reglamento (UE) Nº 1025/2012 sobre normalización europea, y participa financiera mente en los 
mandatos para su elaboración.  
 WT/TPR/M/425/Add.1  
 
- 123 - 
 
Pregunta  13: 
¿Cuál es el criterio para determinar si la revisión será a los 3 o 5 años ? ¿La revisión para estándares 
actúa como "Comité Espejo" con la UE ? 
/ What is the criteria to determine whether the review wi ll be at 3 or 5 years ? Does the review for 
standards act as a "Mirror Committee" with the EU?   WT/TPR/M/425/Add.1  
 
- 124 - 
 
22  RUSSIAN FEDERATION  
REPORT BY THE SECRETARIAT  
 
1 ECONOMIC ENVIRONMENT  
1.4 Developments in Trade and Investment  
1.4.2 Trends and patterns in FDI  
Page 33, para graph  1.52 
 
FDI flows to Switzerland have fallen since 2015 and were negative in 2018 -2020, reflecting net 
disinvestment as non -resident investors effected substantial withdrawals from resident companies, 
particularly by reducing equity capital as part of corporate restructuring . As in the case of the 
Netherlands, the recent negative FDI inflows to Switzerland reflect the conduit nature of 
Switzerland's annual FDI flows . Direct investment in Swit zerland is made mainly through 
intermediate companies in European holding company locations . Most of the disinvestment occurred 
in the category of finance and holding companies . The amount of net disinvestment amounted to 
CHF 82 billion  in 2018, CHF 105 billion in 2019, and CHF 153 billion  in 2020 (Table A1.7) . Inward 
FDI stock decreased by CHF 160 billion  in 2020 to CHF 1,216 billion. O utward flows fell dramatically 
from 2016 to 2017 and turned negative in 2019 . The net disinvestment abroad amounted to 
CHF 34 billion  in 2020, compared to CHF 54 billion  in 2019, and was due primarily to finance and 
holding companies (Table A1.7) . Outward FDI stock increased slightly during the review period 
(Table A1.7) . In 2020, outward FDI stock amounted to CHF 1,460 billion, a decline of CHF 17 billion  
compared to 2019.  
 
Question  1: 
Could Switzerland please clarify the names and shares of the leading European companies through 
which FDI flows are carried out?  
 
Switzerland's answer:  
Concerning FDI  data, the disclosure of individual enterprises is prohibited ( Article 16 of the Federal 
Act of the Swiss National Bank) . However, on an aggregate level it can be concluded that the large 
FDI-transactions observed vs. immediate counterparties in Europe wer e mainly driven by 
US-controlled enterprise groups.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
Pages 55 -58 
 
Questio n 2: 
What principle is behind the distribution of movement of commercial goods carried out at specific 
customs points ? How is this process implemented technically and technologically ? What software 
tools are involved ? At what stages of customs clearance is such distribution valid (arrival,  
declaration, etc.)?  
 
Switzerland's answer:  
Des nombreux postes frontières de moindre importance ne sont en revanche occupés qu'à certains 
moments et quelques -uns ne sont même plus occupés du tout . Le dédouanement des marchandises 
de commerce est limité au jourd'hui à certains bureaux de douane et n'est possible que pendant les 
heures de bureau . Ceci pour des raisons de gestion d'entreprise, pour des raisons de trafic ou 
d'accords avec les administrations douanières des pays voisins.  
Lien: Applications pour l'importation et l'exportation (aujourd'hui)  
(https://www.bazg.admin.ch/bazg/fr/home/declaration -en-douane/declaration -pour-
entreprises.html ). 
 
Question 3:  
How do the "ICS2" and "Passar" system s function in Switzerland?  
Switzerland's answer:  
ICS2 (Import Control System) est un système d'information de l'UE à grande échelle (avec la 
participation de la Suisse) qui prend en charge les processus suivants : dépôt de l'Enry Summary 
Declaration - ENS ( informations préalables sur les marchandises) auprès des douanes, analyse de WT/TPR/M/425/Add.1  
 
- 125 - 
 
la sécurité et de la sûreté par les douanes, arrivée des moyens de transport et présentation des 
marchandises aux autorités douanières et contrôle des marchandises par les autorit és douanières si 
nécessaire.  
PASSAR : Le nouveau système de gestion du trafic des marchandises Passar  est l'élément clé de la 
numérisation dans le trafic des marchandises de commerce . Passar remplacera progressivement les 
systèmes existants NCTS (transit et exportation) et e -dec (importation et exportation) à partir de la 
mi-2023. Pour avoir accès à Passa r, il est nécessaire de s'enregistrer en tant que partenaire 
commercial sur l'ePortal . La déclaration des marchandises et des moyens de transport peut être 
effectuée soit via une interface B2B, soit via une application web mise à disposition par l'OFDF . Les 
entreprises peuvent définir elles -mêmes le degré d'intégration souhaité . Vous trouverez de plus 
amples informations sur Passar et la stratégie de transition dans la documentation technique  
(https://www.bazg.admin.ch/bazg/fr/home/themes/dazit/vereinfachung -und-digitalisierung/dazit -
und-wirtschaft/technische -informationen.html ). 
 
3 TRADE POLICIES AND PRACTI CES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.4 Import prohibitions, restrictions, and licensing  
Page 71, para graph  3.46 
 
An automatic import licence (general import licence (PGI)) is required for a wide range of agricultural 
products (some 650 tariff lines at the HS 8 -digit level, including in -quota lines) . It is obtained free 
of charge from the Federal Office of Agriculture (FOAG), and it is for an unlimited duration ; it is used 
for statistical reasons and for the management of TQs . Additionally, under Switzerland's compulsory 
reserves framework (Section 3.1.3.4) a PGI must be obtained from CARBURA for imports of fuels 
and from Réservesuisse for imports of food and feedstuffs . Automatic licences are granted on the 
condition that the im porter has a reserve stock contract or pays a contribution to the guarantee 
funds administered by CARBURA or Réservesuisse.  
 
Questio n 4: 
Please state the amount of such contribution.  
 
Switzerland's answer:  
Réservesuisse (foodstuffs)   
Animal feed  CHF 0.00-5.00/100 kg gross  
Bread cereals/Durum wheat  CHF 0.00-5.00/100 kg gross  
Coffee  CHF 0.00-8.85/100 kg gross  
Durum wheat  CHF 1.20/100 kg gross  
Edible fats and oil  CHF 0.00-18.00/100 kg gross  
Rice CHF 0.00-5.20/100 kg gross  
Sugar  CHF 0.00-16.00/100 kg gross  
 
CARBURA   
Petrol  CHF 3.30/m3 
Kerosene  CHF 7.00/m3 
Diesel  CHF 4.50/m3 
Heating oils  CHF -15.00/m3 (Pay-out in favour of importer)  WT/TPR/M/425/Add.1  
 
- 126 - 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.5 Anti -dumping, countervailing, and safeguard measures  
Page 71, para graph  3.50 
 
As noted in previous Reviews, in cases of emergency or when the national interest is at stake, the 
legislation provides for changes in tariff rates or the imposition of non -tariff measures . These 
provisions have not been used during the review period.  
Question 5: 
Please identify the conditions that might constitute "emergency " and "national interest " in such 
cases ? What are the non -tariff measures that might be imposed?  
 
Switzerland's answer:  
Measures provided for under Article 7 of the Federal Law of October  1986 on Customs Tariffs and 
Article 1 of the Federal Law on External Economic Measures, referred to in Fn 42 of the Secretariat's 
Report, aim to protect Swi tzerland's essential economic interests in case measures taken abroad or 
extraordinary conditions prevailing there affect Switzerland's foreign trade . Article 11 of the Federal 
Law of October  1986 on Customs Tariffs provides for a safeguard clause for agri cultural products, 
indicating that such measures must be within the limits of the safeguard clauses contained in 
international agreements . Emergency measures are of a temporary nature.  
Beyond these provisions, the Swiss legislation does not provide for any  further specific formal or 
substantive requirements . Decisions on such measures would be taken on a case -by-case basis and 
taking into account the macroeconomic interests . Under current WTO law, Switzerland has so far 
ordered urgent safeguard measures onl y once, in 1999, concerning pork meat.  
Concerning non -tariff measures that might be imposed, Article 1 of the Federal Law on External 
Economic Measures provides that the Federal Council may, for as long as circumstances so require, 
monitor the import, expo rt and transit of goods and services, and subject them to authorisation, 
limit them or prohibit them ; or regulate payment traffic with certain countries and, if necessary, 
order the levying of charges to compensate for disturbances in prices or currency or  which affect the 
traffic in goods, services and payments . 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures Directly Affecting Exports  
3.2.5 Export finance, insurance, and guarantees  
Page 76, para graph  3.64 
 
In addition to private -sector export finance, insurance, and guarantees, Swiss Export Risk  
Insurance (SERV), which is owned by the Swiss Confederation, provides protection against 
non-payment, facilitates the financing of exports, and helps companies maintain their liquidity . It 
does not provide direct lending or policy cover for investments . SERV operates under the Federal 
Law of 1 6 December  2005 on Swiss Export Risk Insurance (RS 946.10) and the Ordinance  
of 25 October  2006 on Swiss Export Risk Insurance (RS 946.101) . As indi cated in the previous 
Review, these provide that:  
 
• SERV should supplement and not replace insurance provided by the private sector by 
providing cover for risks that the private sector will not cover or for which there is an 
inadequate supply of insurance;  
• SERV should be economically viable and not incur any long -term costs for the Swiss 
Confederation  and; 
• SERV should comply with foreign policy objectives concerning, inter alia, the environment, 
development, human rights, and democracy.  
 
Question 6:  
Please identify the environment, development, human rights, and democracy foreign policy 
objectives that SERV in its activities should comply with.  
 
Switzerland's answer:  
SERV is an institution under public law . According to the Federal Act on the Swiss Export Risk 
Insurance, SERV ensures that its business practices are compliant with the foreign policy objectives 
of the Swiss government regarding the environment, development, human rights, democracy and 
the peaceful co -existence of people . Assessme nts of the transactions are based on the following 
standards and guidelines : the OECD Arrangement on Officially Supported Export Credits, the various WT/TPR/M/425/Add.1  
 
- 127 - 
 
OECD recommendations and guidelines on official export credit support, the IFC Environmental and 
Social Pe rformance Standards, the World Bank Safeguard Policies as well as specific Swiss foreign 
policy objectives (manifested in international treaties, positions in multilateral institutions, federal 
council decisions and statements etc.).  
 
Question 7:  
Please id entify the certain criteria of those objectives.  
 
Switzerland's answer:  
Please see answer above . The criteria are either described in the relevant guidelines or are 
established on a case -by-case basis through a consultation mechanism between SERV and the S wiss 
government.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
Page 87, para graph  3.104  
 
In principle, the Confederation has the exclusive authority for adopting technical regulations, while 
the cantons are mainly responsible for implementation and market surveillance . Federal Law  
of 6 October  1995 on Technical Barriers to Trade (RS 946.51) indicates that technical regulations 
are drafted in a way that sh ould not hinder trade, are as transparent as possible, and require as 
little administrative burden as necessary . Technical regulations are elaborated by the competent 
entity in coordination with SECO, taking into account existing international standards to  the extent 
possible . The Federal Council can conclude international agreements to facilitate, inter alia, trade 
and the recognition of conformity assessment results . Liechtenstein follows Swiss and the relevant 
EU technical regulations, and it does not ha ve its own regulatory mechanism for technical 
regulations.  
 
Question 8:  
Please provide a link to a source of information with all technical regulations adopted in Switzerland, 
including products of the agro -industrial complex.  
 
Switzerland's answer:  
Switzerland's adopted legislation, including technical regulations, is publicly available in the Official 
Gazette:  https://www.fedle x.admin.ch/en/home?news_period=last_day&news_pageNb=1&news_o
rder=desc&news_itemsPerPage=10 . 
We would also like to draw your attention to our "import platform" which assists persons and 
enterprises in finding the applicable technical regulations for a produ ct to be placed on the Swiss 
market:  https://www.seco.admin.ch/seco/en/h ome/Aussenwirtschaftspolitik_Wirtschaftliche_Zusa
mmenarbeit/Wirtschaftsbeziehungen/Technische_Handelshemmnisse/Importplattform0.html . 
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.2 Market access  
4.1.2.1 Applied MFN tariffs  
4.1.2.1.2 Adjustable tariffs  
Page 120, para graph  4.24 
 
Regarding imports of cereals of bread -making quality (e.g. wheat), a separate tariff mechanism is 
in place with the statutory target import price called the "reference price", which is determined in 
accordance with the Ordinance on the Importation of Agricultural Products to reflect the price of 
"excellent" quality wheat in neighboring countries . The levied tariffs are based on the tariffs of the 
grain, the standard flour yield, and an extra fixed tariff (industrial protection) . The scheme works in 
combination with a tariff quota of 70,000 tonn es; the adjustable tariffs may not exceed the bound 
in-quota tariffs of the products concerned.  
 
Question 9:  
The Russian side is concerned with Switzerland's use of " reference  price" . Could Switzerland please 
explain how the " reference  price" mechanism cor relates with the methods of customs valuation 
established by the Agreement on Implementation of Article VII of the General Agreement on Tariffs 
and Trade 1994?  WT/TPR/M/425/Add.1  
 
- 128 - 
 
 
Switzerland's answer:  
The reference price for bread grain corresponds to the targeted import price . Periodically, the prices 
franco Swiss border are reviewed and the border protection is adjusted if the conditions according 
to the Agricultural Import Ordinance (Article 6, RS 916.01 - Ordonnance du 26 octobre 2011 sur 
l'importation de produi ts agricoles (Ordonnance sur les importations agricoles, OIAgr) (admin.ch)  
(https://www.fedlex.admin.ch/eli/cc/2011/770/fr )) are met.  
 
Question 10:  
How do such reference prices affect the setti ng of the contract transaction price ? What is the 
benchmark for "reference price"?  
 
Switzerland's answer:  
The contract transaction price is subject to the contractual relationship between private 
stakeholders . There is no direct link between the reference price and the contract transaction price.  
The benchmark for the reference price is defined in the Agricultural Import Ordinance and 
corresponds to the targeted import price.  
 
Question № 11:  
How exactly are neighboring countries treated : neighbori ng countries in relation to Switzerland or 
in relation to the exporting country?  
 
Switzerland's answer:  
 
The reference price and consequently the border protection remain the same, regardless of the 
geographical location of the origin of the goods.  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.4 Export subsidies  
Page 127, para graph  4.62 
 
Switzerland maintains an assistance programme for its farmers' organizations and interprofessional 
organizations to promote their agricultural products on the interna l market and abroad . Each year, 
the organizations must apply for financial support of their promotional activities for the following 
year. Under the programme, the Confederation can co -finance up to a maximum of 50 % of the costs 
for eligible organizations,  but only for market research and the following communication 
instruments:  
 
advertising (e.g. print, TV, radio, and online) ; new media (e.g. websites and social media) ; sales 
promotion (e.g. tastings, advertising material, and training) ; and public relations, events, fairs, 
sponsoring, and direct marketing . A large part of the financial support is dedicated to the promotion 
of cheese (38 %), milk (14 %), meat (9 %), and fruit (3 %). The marketing campaigns for organic 
products and for Protected Designati on of Origin (PDO)/Protected Geographical Indication (PGI) 
products are also co -financed . Price-related activities (e.g. a price reduction on products) and 
distribution costs are not eligible for financial support.  
Question 12:  
Please provide the features and criteria of the agricultural products support on international markets.  
 
Switzerland's answer:  
Under the assistance program, financial support is limited to 50 % of the costs (co -financing) and is 
only granted to representative organizations of the resp ective sector . Furthermore, the support is 
provided for a maximum duration of five years per project, either  
 
• for market assessment (evaluation of the strategic prospects for success in new markets ; 
consumer expectations, market framework conditions, market sizes, distribution 
structures and competitors) ; or 
• for market development initiatives (only supported if they are subordinate to the strategic 
and market -specific objectives of the sector).  
 WT/TPR/M/425/Add.1  
 
- 129 - 
 
TRADE POLICY REVIEW  
REPORT BY SWITZERLAND AND LIECHTENSTEI N 
 
1 REPORT BY SWITZERLAND  
1.4 Trade Policy  
1.4.4 Preferential relations  
1.4.4.2 Free trade partners  
Page 16, para graphs  1.82-1.85 
 
Question 13:  
What are the customs procedures simplifications in the framework of free trade agreements 
concluded by Switzerland with other countries?  
 
Switzerland's answer:  
Simplified customs procedures, which are intended to have a trade facilitating effect, are usually 
covered by a Trade Facilitation Chapter/Annex . Since the entry into force of the WTO TFA, 
Switzerland has been striving to incorporate trade facilitating provisions into its FTAs and to agree 
on WTO -plus elements . This applies in particular to the simplification of international trade 
procedures . Contro ls, formalities and the number of documents required for customs clearance shall 
be limited to those necessary and appropriate to ensure compliance with the legal requirements . An 
export declaration shall not be required by the importing Party . Furthermore , the Parties shall adopt 
or maintain procedures that provide for advance electronic submission and processing of information 
before the physical arrival of goods in order to expedite their clearance and allow importers to obtain 
the release of goods prior  to meeting all import requirements of the importing Party.  
 
1 REPORT BY SWITZERLAND  
1.4 Trade Policy  
1.4.5 Trade and development  
 
Page 17, para graph  1.88 
 
In the period under review, Switzerland's trade promotion work focused on strengthening export 
capab ilities of MSMEs in designated partner countries and on facilitating imports into target markets . 
Several initiatives aiming to improve institutional capacity to participate in international trade and 
value chains have been carried out in this framework . Similarly, climate change mitigation and 
adaptation and gender equality are important cross -cutting objectives . The projects, most of which 
were implemented with partner organizations, included:  
 
• Provide assistance to customs administrations to strengthen compliance with international 
standards and best practices in the import, export and transit of goods . This assistance 
has been put into operation through the World Customs Organization's (WCO) Global 
Trade Facilitation Programme and the World B ank's Trade Facilitation Support Programme, 
in particular to help WTO members implement the Trade Facilitation Agreement;  
• Building in -country export know -how (for example, on quality requirements, product 
labelling and border procedures), in partnership wi th the International Trade Centre (ITC), 
and supporting the work of ITC's Trade for Sustainable Development programme and the 
Standards Map database, which aims to provide transparency on voluntary sustainability 
standards;  
• Assisting trade policy makers in  partner countries to build their capacity in trade 
negotiations and implementation of trade agreements and unilateral trade policies;  
• Assisting trade support organizations in partner countries in facilitating MSME exports to 
Switzerland and other European  markets;  
• Establishing local quality assurance systems to help MSMEs' comply with international 
standards;  
• Developing investment climate programmes in some 30 countries, in cooperation with the 
International Finance Corporation (IFC).  
 
Question 14:  
Could Switzerland please clarify the specific support measures implemented in order to promote 
export?  
 
 WT/TPR/M/425/Add.1  
 
- 130 - 
 
Switzerland's answer:  
As indicated in the Report by Switzerland, Switzerland's trade promotion work is includes different 
initiatives covering differen t aspects . More detailed information  on the projects mentioned in the 
Report by Switzerland can be found under: SECO Cooperation│Trade system (admin.ch)  
(https://www.seco -cooperation.admin.ch/secocoop/en/home/themes/markets -and-
opportunities/trade -system.html ). 
 
Question 15:  
Please elaborate on the scheme and the partner countries that participate in the MSME exports 
facilitation programme.  
 
Switzerland's answer:  
The Swiss Import Promotion Programme (SIPPO) supports Trade Support Organisations through 
institutional strengthening and by improving export promotion services for SMEs . The programme is 
active in 11 countrie s worldwide, which belong to the priority countries of SECO's economic 
development and cooperation division.   WT/TPR/M/425/Add.1  
 
- 131 - 
 
23  UNITED KINGDOM  
SECRETARIAT REPORT (S425)  
Secretariat Report (S425)  
1 ECONOMIC ENVIRONMENT  
1.3 Structural challenges  
1.3.1  Switzerland  
Paragraph 1.31  
 
Question 1:  
How is Switzerland introducing measures to mitigate climate change (agriculture and other related 
industries) while ensuring trade is also supported?  
 
Switzerland's answer:  
Switzerland's  main trading partner is the EU . Industria l sectors with high greenhouse gas  
emissions (including cement, chemicals and pharmaceuticals, refineries, paper, district heating and 
steel) are covered by the emissions trading scheme (ETS) . The ETS is linked to the EU -ETS  
since 1 January  2020. This ensures a level playing field . Additionally, to protect competitiveness, 
greenhouse gas -intensive plants that do not participate in the ETS are exempted from the CO2 levy 
upon request if they commit to reducing their greenhouse gas emissions in return . The relevant 
sectors (sectors that would be heavily burdened by the CO2 levy in relation to their value added and 
whose international competitiveness would be impaired) of the economy are referred to in  
Annex 7 of the CO2 Ordinance.  
 
Secretariat Report (S425 ) 
1 ECONOMIC ENVIRONMENT  
1.4 Developments in Trade and Investment  
1.4.1  Trends and patterns in merchandise and services trade  
Paragraph 1.44  
 
Question 2:  
Does Switzerland see a shift in trade away from traditional partners in the EU and, if so, why ? For 
example, the United States  recently overtook Germany as Switzerland's largest trading partner.  
 
Switzerland's answer:  
United States overtook Germany as Switzerland's largest trading partner with respect to its exports 
of goods in 2021 . However, when con sidering total trade (sum of exports and imports), Germany  
remains – by far – Switzerland's first trading partner : In 2021, Germany made up for 22 % of 
Switzerland's total trade against 13 % for the USA.  
 
To a large extent, the outstanding dynamism of Swiss  exports of goods to the USA is due to the 
boom of the exports of chemical and pharmaceutical products . The United States  surpassed Germany 
as the main export destination for this goods category already in 2015 . Swiss exports of chemical 
and pharmaceutical  products to the United States  have increased more than fivefold  
between 2005 and 2021, while they only doubled to the rest of the world . However, even excluding 
pharmaceuticals, Swiss export growth to the United States was much higher than to the main 
European trading partners over the same period . Two important factors can explain this relative shift 
in export destination . First, demand for Swiss products has grown more strongly in countries with 
higher economic growth . Second, Swiss exports to the euro area have suffered from the various 
waves of appreciation of the Swiss franc against the euro . These factors largely explain why Swiss 
exports have grown more strongly to the United States , China and South -East Asia, and to many 
Eastern European countries,  for example . On the other hand, the reduction in the export share of 
the EU does not mean an erosion of export volumes : Swiss exports to the EU in 2021 were more  
than 40 % higher than in 2005 (compared with around 100 % for the rest of the world).  
 
Since the outbreak of the Covid -19 pandemic, the decline in the EU's share of exports has been 
reversed : driven in particular by the strong economic recovery in Europe compared to  other trading 
partners such as China, the EU's and the euro area's shares have both increased by  
about 2.5 % (to 50 % and 46 % respectively) . Whether this trend will continue will depend on many 
factors, in particular whether economic growth will be sustain ed on the European continent.  
 WT/TPR/M/425/Add.1  
 
- 132 - 
 
Secretariat Report (S425)  
2 TRADE AND INVESTMENT REGIMES  
2.1 General Framework  
2.1.1  Switzerland  
Paragraph 2.1  
 
Question 3:  
What steps does Switzerland take to ensure that the Cantons apply Federal law in a uniform manner ? 
For example, on public procurement.  
 
Switzerland's answer:  
In the field of government procurement, the Swiss cantons enjoy autonomy and can enact their own 
legislation, while respecting the international obligations of Switzerland . It is understood  that in case 
of divergences the primacy of international law applies.  
 
Secretariat Report (S425)  
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2  Regional trade agreements (RTAs)  
2.3.2.4  Switzerland's bilateral agreements with the European Union  
Paragraph 2.38  
 
Question 4:  
How will Switzerland approach managing divergence with EU goods regulation if no agreement can 
be reached on the Institutional Framework Agreement ? How will this affect the Customs Union with 
Liechtenstein?  
 
Switzerland's answer:  
With respect to technical regulations for industrial products, the relationship between Switzerland 
and the EU is governed by the Mutual Recognition Agreement (MRA) . This Agreement remains in 
effect after the end of the negotiations on an institutional agreement . The Federal Council has since 
reiterated its commitment to preserve and even expand the existing bilateral agreements with the 
EU, including the MRA . Technical regulations for industrial products covered b y the MRA are still fully 
equivalent with those of the EU, the EEA and Liechtenstein . The same applies to agricultural 
products, which are governed by the Switzerland –EU Agreement on Trade in Agricultural Products.  
 
Secretariat Report (S425)  
3 TRADE POLICI ES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.3  Tariffs  
3.1.3.1  Applied MFN tariff  
Paragraph 3.20  
 
Question 5:  
Following the announcement to abolish all industrial tariffs, how do Switzerland & Liechtenstein 
foresee future goods negotiations as part of the FTA programme ? Will more focus be on non -tariff 
barriers and how will you approach this?  
 
Switzerland's answer:  
Switzerland's approach to free trade agreements also includes non -tariff measures . In 
November  2021, Switzerla nd published its latest Foreign Economic Policy Strategy . Central areas of 
action numbers 3 and 4 outline more information on the question of FTAs . The Strategy is available 
in French ( Stratégie de la politique économique extérieure (admin.ch)  
(https://www.seco.admin.ch/seco/fr/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarb
eit/aussenwirtschaftsp olitik/aws.html )) and English ( Switzerland's foreign economic policy strategy 
(admin.ch)  (https://www.seco.admi n.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Z
usammenarbeit/aussenwirtschaftspolitik/aws.html )) in addition to German and Italian.  
 
In Switzerland applied tariffs on industrial products are already generally low today at an average 
of 1.7 % of the product value (so -called nuisance duties) . Hence, the focus of Switzerland's and 
Liechtenstein's goods negotiations has already been on agricultural products.  
 WT/TPR/M/425/Add.1  
 
- 133 - 
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Taxation and incentives  
3.3.1.2  Indirect taxes  
3.3.1.2.1  VAT 
 
Question 6:  
What steps is Switzerland taking to ensure that the procedures for applying VAT on goods and 
services imported into Switzerland are as smooth as possible and that the required information is 
provided?  
 
Switzerland's answer:  
Consignments imported into Switzerland must be declared to Customs electronically . It makes no 
difference whether the imported goods were purchased on a platform or not . The onl y difference is 
that in the future, the platform will have to be referred to as the person liable to the payment of the 
import tax in the customs declaration . Contrary to what has been implemented in several countries 
and in the EU, the payment of a VAT at  the point of sale will not replace the payment of an import 
tax at the border . Nor will the tax exemption for small value goods (good for which the import tax 
does not exceed CHF 5) be abolished.  
 
This said, platforms will have the possibility to use the transfer procedure and declare the import 
tax to the Federal Tax Administration - electronically and in their standard VAT returns - , instead of 
paying it to the Federal Office for Customs and Bord er Security (FOCBS) . In order for the FOCBS to 
grant the use of this procedure, the authorisation number of the platform must however be 
mentioned in the customs declaration.  
 
In Switzerland, the customs authorities are not directly involved in the drawn u p of the customs 
declaration . Usually the persons transporting the goods have to fill it in (e.g. the postal services or 
businesses like DHL or Fedex) . The consignor already provides the transport service provider with 
information about the content and val ue of a consignment and which person has to be considered 
as the importer, regarding VAT . Nothing will change in this regard with the entry into force of the 
revised law . In the customs declaration, the customs declarant will only have to indicate the plat form 
as the person liable to pay the import tax plus the authorisation number entitling the platform to 
use the transfer procedure.  
 
The administration assumes that the involved parties will find the best possible way of transmitting 
the necessary informat ion directly between themselves . Considering that those processes are 
already well established, the authorities should not interfere in this matter or set standards that will 
make the processes run less smoothly.  
 
Secretariat Report (S425)  
3 TRADE POLICIES  AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.3  Sanitary and phytosanitary requirements  
 
Question 7:  
What steps does Switzerland take to ensure that goods (specifically fresh food covered by EU SPS 
rules) that transit into and out of Switzerland through the EU are facilitated as smoothly as possible?  
Switzerland's answer:  
Switzerland envisages no special measures for goods (including fresh food covered by EU SPS rules) 
that transit into and out of Switzerland through the EU.  
 WT/TPR/M/425/Add.1  
 
- 134 - 
 
Secretariat Report (S425)  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.1  Overview and recent policy developments  
Paragraph 4.12  
 
Question 8:  
What impact will the next Swiss agriculture policy (AP22+) have on trade because of its stricter 
phytosanitary measures ? Do you anticipate significant changes in standards?  
 
Switzerland's answer:  
The new Swiss agricultural policy does not foresee the strengthening of phytosanitary import 
regulations.  
Certain changes to the import regulations were implemented in 2020 due to the new phytosanitary 
legislation of the EU and based on the agricultural agreement Switzerland -EU. However, this is not 
directly related to the agricultural policy . No further strengthening of the phytosanitary import 
regulation s are planned at present.  
 
Secretariat Report (S425)  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3  Domestic support  
4.1.3.1  Direct payments  
Paragraph 4.37  
 
Question 9:  
Are any reductions in subsides ("direct payments" Swiss terminology) or shifting of direct payments 
to ecological/biodiversity measures foreseen?  
 
Switzerland's answer:  
The direct payments regime is set to be adjusted in 2023 . The reform aims to achieve some specific 
reduction targets, by the means of increased environmental r equirements for direct payments 
recipients . This adjustment of the current direct payment system will include all types of direct 
payments . The proof of ecological performance (PEP) as the prerequisite to obtain direct payments, 
will be strengthened (e.g. nutrient balance) . The direct payments for production systems will be 
enhanced by new programs for the reduction of pesticide use and the reduction of nutrient losses . 
Since the direct payment budget remains unchanged, the changes will be financed through reducing 
the budget for payments for ensuring food security.  
 
Secretariat Report (S425)  
4 TRADE POLICIES BY SECTOR  
4.2 Mining and energy  
4.2.2  Energy  
4.2.2.1  Switzerland  
4.2.2.1.1  Economic developments  
 
Question 10:  
How does Switzerland anticipate the evolution of its relations with the European Union to ensure the 
necessary energy resources for the country ? Is a policy of strengthening relations foreseen?  
 
Switzerland's answer:  
Maintaining good relations with the European Union is import ant for Switzerland to secure the 
necessary energy resources . After the failure of an institutional agreement in 2021 exploratory talks 
on the future Swiss -EU relationship have resumed including the conclusion of a market access 
agreement in the electricit y sector . Oil and gas supplies through the EU have been running smoothly . 
Switzerland is a major gas transit corridor . Yet, some gas issues regarding security of supply and 
access to storage may need to be clarified in the context of the EU's REPowerEU plan.  
 WT/TPR/M/425/Add.1  
 
- 135 - 
 
Secretariat Report (S425)  
4 TRADE POLICIES BY SECTOR  
4.4 Services  
 
Question 11:  
How are Switzerland & Liechtenstein planning on liberalising trade in cross -border  
services (Mode 1) to mitigate the trend of reduced business travel following the Covid -19 pandemic?  
 
Switzerland's answer:  
Switzerland actively suggests to its partners in multilateral, plurilateral and bilateral negotiations to 
improve and update Mode 1 commitments in a range of sectors . It also engages in negotiations on 
e-commerce . This policy takes into account technological changes . There was no significant change 
in policy related to Mode 4 during the period under review and Covid -19 related restrictions were 
temporary.  
 
DEFRA (x3)  
Secretariat Report (S425)  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.1  Overview and recent policy developments  
Paragraph 4.13 Pesticides  policy  
 
Question 12:  
On 1 4 October  2020, the Federal Council amended its Chemicals Risk Reduction  
Ordinance (ORRChem) in part to implement an export ban on five plant protection  
products (Annex 2.5157) which entered into force on 1 January  2021. Please could Switzerland 
explain or provide documentation that sets out the assessment completed that underpins why the 
decision was taken to ban these substances . Does Switzerland plan to  prohibit the export of any 
further substances, if so, please could they provide further details?  
 
Switzerland's answer:  
n/a 
 
Secretariat Report (S425)  
3 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2  Regional Trade Agreements  
2.3.2.2 European Free Trade Association  
Paragraph 2.27 (RTA between Switzerland and Indonesia)  
 
Question 13:  
Noting Switzerland's preferential tariff approach with Indonesia in the RTA on sustainably certified 
palm oil, are there plans to extend this approach to any other commodities in order to meet long 
term climate and environment aims?  
 
Switzerland's answer:  
The result of the public vote in Switzerland on the Comprehensive Economic Partnership Agreement 
between the EFTA States and Indonesia confirm ed how important credible solutions on trade and 
sustainable development are in order to safeguard continued public support for such agreements . 
Switzerland, together with its EFTA partners, will therefore continue to include comprehensive 
provisions on tr ade and sustainable development in all its free trade agreements . The revised model 
chapter adopted in 2019 foresees inter alia new provisions on combating climate change, preserving 
biodiversity, and sustainable management of forest and marine resources.  
In addition to this, Switzerland's revised Foreign Economic Policy Strategy, adopted in 
November  2021, states that in the case of goods whose production processes are potentially 
problematic from a sustainability point of view, the linking of market access  concessions with 
sustainability criteria will be examined . Whether such an approach can be chosen in a particular 
agreement has to be examined on a case -by-case basis . A number of conditions have to be met in 
such a case, including, of course, assent by t he negotiating partner.  
 WT/TPR/M/425/Add.1  
 
- 136 - 
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.3  Sanitary and phytosanitary requirements  
Paragraph 3.126 Declaration of Agriculture Products From Non -Permitted Productions 
Methods in Switzerland (RS 916.51)  
 
Question 14:  
What has the impact of animal -welfare related import labelling requirements for rabbit meat, eggs 
and egg -based products under the Agricultural Labelling Ordinance been on consumption a nd 
imports?  
 
Switzerland's answer:  
The strengthening of the Swiss animal welfare and farming regulations in the early 1990s, and in 
particular the ban on the use of cages for laying hens in Switzerland, caused a sharp decline in the 
demand of this type of eggs. Later, since the year 2000, higher consumer awareness and 
transparency for the consumers thanks to the compulsory declaration regarding egg production 
methods, practically led to the disappearance of cage eggs sold on the Swiss market . Per capita 
consumption of eggs remained stable at 195 eggs per person during the last 20 years.  
Total rabbit meat consumption reclined by half in the last 10 years . However, it cannot be confirmed 
whether this is due to new consumption patterns or to the new r egulatory requirements, i.e. the 
compulsory declaration of the method of production.  
Total rabbit meat consumption reclined by half in the last 10 years . However, it cannot be confirmed 
whether this is due to new consumption patterns or to the new regulato ry requirements, i.e. the 
compulsory declaration of the method of production.  
 
DIT IP & Procurement (x6)  
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Government Procurement  
Paragraph 3.170  
 
Question 15:  
Section 3.170 details the main changes introduced in the revised Federal Law on Public Procurement . 
These concern the increased emphasis on sustainability aspects in public procurement . Please could 
Switzerland provide further  detail of the 'sustainability aspects' introduced?  
 
Switzerland's answer:  
Switzerland's revised procurement legislation sets an economic use of public funds that has 
sustainable economic, ecological and social effects as one of its main objectives . The revised 
legislation explicitly mentions sustainable development as a possible awarding criteria, provided it 
bears a direct relation to the object of procurement and is defined with sufficient clarity . The 
importance of "quality" among the awarding criteria has increased, thus offering an additional leeway 
to consider sustainability aspects in public procurement . Furthermore, the revised legislation 
foresees the possibility to specify technical specifications in a way to foster ecologic proc urement or 
to require compliance with other important international labour standards . It is understood that 
participation conditions and awarding criteria shall not have for purpose or effect to create 
unnecessary obstacles to trade and observe the princip les of transparency, equal treatment and 
non-discrimination.  
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Government Procurement  
Paragraph 3.171  
 
Question 16:  
Section 3.171 suggests that Federal or cantonal contracts above the thresholds defined in applicable 
international trade agreements may be awarded using open or selective tendering, and in some 
cases by direct award . Please could Switzerland provide examples of when eac h tendering method 
would be employed?  WT/TPR/M/425/Add.1  
 
- 137 - 
 
Switzerland's answer:  
Articles  17 to 21 of the revised  federal  law on public  procurement  (https://www.fedlex.admin.ch/el
i/cc/2020/126/fr ) define the circum stances under which a contracting authority can choose the type 
of the procurement procedure . Articles 19 and articles 21 address the specific circumstances of the 
selective respectively direct award procedures . Such circumstances rely on the respective pr ovisions 
of the WTO GPA . The cantons apply the same principles within their intercantonal Agreement on 
government procurement.  
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Government Procurement  
Paragraph 3.171  
 
Question 17:  
Section 3.171 suggests that Federal or Cantonal contracts below international agreement thresholds 
may additional be awarded using an invitation procedure . Please could Switzerland provide further 
detail  regarding an invitation procedure and its process?  
 
Switzerland's answer:  
The invitation procedure applies to public contracts outside the scope of international treaties . The 
revised legislation on government procurement provides the circumstances and principles applying 
also to procurement not covered by international agreements . Under the invitation procedure the 
contracting authority decides which tenderers are to be invited to submit an offer without launching 
a public invitation . Wherever possible the contracting authority must obtain three tenders . Relevant 
rules and procedures of the revised federal law on public procurement also apply to the invitation 
procedure , i.e. the contract has to be awarded to the most advantageous tende r. 
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Government Procurement  
Paragraph 3.172  
 
Question 18:  
Section 3.172 suggests that under the Federal Law on Public Procurement, contracts are awarded 
to the most "advantageous " tender at the Federal Level and the most "economically advantageous " 
at the Canton level . Please could Switzerland provide detailed ra tionale behind how a tender would 
be defined as 'advantageous' at the Federal level and 'economically advantageous' at the Canton 
level?  
 
Switzerland's answer:  
The concept of "most advantageous" offer as used in the WTO GPA has been introduced in the feder al 
revised law on Public procurement in the course of the parliamentary deliberations . By awarding the 
contract to tenderers with the "most advantageous" offer the legislator wished to emphasize that 
the quality and other award criteria were given more con sideration beside the price in conformity 
with the purpose of ensuring the cost -efficient use of public funds in a manner that is economically, 
ecologically and socially sustainable as anchored in the revised law . Regarding the situation at 
cantonal level unfortunately paragraph 3.172 needs a clarification : during the deliberations 
regarding the revised intercantonal concordate on public procurement, the cantons also decided to 
take over the same concept of "most advantageous offer" for harmonisation purpos es. 
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Government Procurement  
Paragraph 3.174  
 
Question 19:  
Section 3.174 suggests that under Switzerland's Law on Public Procurement, compliance with equal 
pay for men and women is a prerequisite for participation in public procurement . Federal 
procurement offices can conduct equal pay audits themselves or enlist external help . Please could WT/TPR/M/425/Add.1  
 
- 138 - 
 
Switzerland provide further detail  on both these processes and explain how they ensure these 
processes remain fair . Please could Switzerland explain how they check compliance by international 
suppliers and explain how it operates in the context of the GPA?  
 
Switzerland's answer:  
For goods, work and services to be provided in Switzerland, the contracting authority shall award a 
public contract only to tenderers that comply with the Public Procurement Law . This covers among 
others  equal pay for men and women for services to be provided in Switzerland as place of 
performance . It is understood that participation conditions shall not have for purpose or effect to 
create unnecessary obstacles to trade and observe the principles of transparency, equal treatment 
and non -discrimination, as prov ided by the GPA and other international agreements . In practice, the 
contracting authority may request a self -declaration or evidence of compliance with the rules on 
equal pay for men and women that are anchored in the Federal Act on Gender Equality . The Federal 
Office for Gender Equality provides the relevant tool to check whether a company complies with the 
equal  pay requirement  (https://www.ebg.admin.ch/ebg/en/home/topics/work/equal -pay/governm
ent-controls -in-public -procurement.html ). 
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Government Procurement  
Paragraph 3.361  
 
Question 20 : 
The UK notes that there is not a section on Liechtenstein's government procurement . The UK 
requests Liechtenstein provides further detail on their procurement system in the vein of 
Switzerland's response.  
 
DIT Subsidies & Comp etition (x8)  
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Taxation and Incentives  
Paragraph 3.138 Competition law reform  
 
Question 21:  
Could Switzerland please outline the objectives of its new prohibition of "abuse of relative market 
power", noting that an unlawful abuse of market power would not result in a direct sanction?  
 
Switzerland's answer:  
The popular initiative "Stop the high price island - for fair prices (Fair Price Initiative)", which 
requested the introduction of relative market power, expressly provided that companies with relative 
market power should be exempt from direct sanctions in  the event of unlawful abusive conduct . The 
Federal Council welcomed the waiver of direct sanctions . According to the Federal Council, direct 
sanctions would have been excessive in these cases, this for the following reasons : First, cases of 
relative marke t power are basically disputes between two companies only, thus cases without any 
economic significance . Therefore, such cases are to be decided in the first instance by the civil courts . 
Administrative proceedings before the COMCO should be the exception . Moreover, it should be 
sufficient to oblige a company with relative market power to supply without discrimination . It would 
go too far to impose a sanction in addition to an injunction concerning non -discriminatory supply . 
Second, direct sanctioning could create a conflict with the principle of legality because a 
non-dominant company is less able than a dominant company to assess whether another company 
is dependent on it . However, it should be noted that a repeat offence would be sanction ed. 
 WT/TPR/M/425/Add.1  
 
- 139 - 
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Taxation and Incentives  
Paragraph 3.137 Competition law reform  
 
Question 22:  
Could Switzerland please outline the key elements in the  proposed modernization of its merger 
control system?  
 
Switzerland's answer:  
The key element in the modernization of the merger control system is an adjustment of the 
intervention threshold . Currently, an d the competition authority can only prohibit a concentration or 
authorize it subject to conditions and obligations if the concentration "creates or strengthens a 
dominant position liable to eliminate effective competition" . Under the current standard of re view, 
an intervention is only possible if a merger completely eliminates effective competition . It is 
envisaged intervention threshold is the so called SIEC -test, closely oriented at the EC Merger 
regulation . What will be relevant, therefore, is the impact  on competition . Further, the consideration 
of efficiency advantages will be explicitly regulated . A prohibition or an authorization subject to 
conditions and obligations would be possible when the concentration significantly impedes the 
effective competit ion, in particular as a result of the creation or strengthening of a dominant position 
and does not result in efficiencies for demand -side customers that are demonstrated by the reporting 
companies to result specifically from the merger and offset the disa dvantages of the significant 
impediment to competition.  
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Taxation and Incentives  
Paragraph 3.146 Competition law  
 
Question 23 : 
Could Liechtenstein please provide further information on its domestic enforcement of EEA 
competition law, including the incorporation of EEA directive/regulations into national law and which 
competition matters fall within the jurisdiction of the Office of Econ omic Affairs as opposed to 
Liechtenstein's courts?  
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Taxation and Incentives  
3.3.1.3 Incentives and other assistance  
Paragraph 3.93 Periodic review of individual federal subsidies  
 
Question 24:  
Could Switzerland please provide clarity on what criteria it uses to evaluate the efficiency and 
effectiveness of individual subsidy programmes during their periodic reviews?  
 
Switzerland's answ er: 
In accordance with Article 5 of the Federal Law of 5  October  1990 on Financial Aid and  
Compensation (RS 616.1) the Federal Council reviews the compliance of individual subsidy 
programmes in light of the principles established in Chapter 2 of the Law. The principles to be taken 
into account in the assessment of whether the criteria of efficiency and effectiveness are fulfilled, 
include those laid down in Article 7 of the Law, in particular whether (i) a subsidy is appropriate for 
a targeted activit y; (ii) a subsidy is cost -effective and results in a minimal administrative  
burden; (iii) the amount of a subsidy correlates with the importance of the public interest; (iv) the 
beneficiary makes its own contributions to the extent that can be expected of  him on the basis of its 
economic capacity; (v) the beneficiary exhausts other financing options for the fulfilment of the 
targeted activity; and (vi) the determination of the subsidy occurs in a way that allows for a cost -
effective fulfilment of a targete d activity.  
 
Secretariat Report (S425)  WT/TPR/M/425/Add.1  
 
- 140 - 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Taxation and Incentives  
3.3.1.3 Incentives and other assistance  
Paragraph 3.94 COVID -19 Pandemic -Related Subsidies  
 
Question 25: 
Could Switzerland please provide clarity on whether it has undertaken any assessment of potential 
trade effects associated with its COVID -19 pandemic -related subsidies, and if potential trade effects 
have been found to exist what actions has Switzerlan d undertaken to mitigate these effects?  
 
Switzerland's answer:  
The support measures during COVID -19 focused on support for individuals via short -time work 
compensation, an extension of the unemployment insurance scheme, allowances for loss of earnings 
for directly and indirectly affected self -employed persons, parents and persons in quarantine . The 
only other direct measure  for companies has been the contributions to cover fix -costs for companies 
that have been closed due to covid or have loss in turnover above 40 % (so called hardship aid) as 
well as loans and contributions in the cultural and sports sector, media and transport services.  
There are no assessment of potential trade effects . Direct trade effects are however unlikely 
especially as o ther countries took similar measures and the sectors most affected have been 
domestic oriented sectors such as accommodation, restaurants, the event industry, retail trade, 
travel agencies or local sport clubs and cultural institutions.  
 
Secretariat Report  (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.5  State trading, state -owned enterprises, and privatization  
Paragraph 3.160  
 
Question 26:  
Could Switzerland provide further information on the subsidies (including form, legal basis, policy 
objective and duration) provided to Swiss Post, Swiss Federal Railways (SBB), and Skyguide (Swiss 
Air Navigation Services)?  
 
Switzerland's answer:  
Swiss Post finances the universal service without subsidies . Yet the Swiss Post has the exclusive 
right to carry addressed domestic letters up to 50 grams . The Postal Services Act allows cross 
subsidies from this business area to the universal services (but not to other services) . The federal 
government further subsi dizes the delivery of newspapers with CHF 50 million. 2020 and 2021 it 
expanded this subsidy on the basis of the COVID -19 Ordinance.  
The federal government finances the operation, maintenance and expansion of railway infrastructure 
through the Rail Infrast ructure Fund (BIF) . It further compensates for regional passenger transport 
services ordered jointly by the Confederation and the cantons and it subsidizes disability -related 
adaptations to existing buildings and vehicles . It also subsidies services in rai l freight transport, in 
particular the transalpine freight transport . The aim is to shift freight traffic from road to rail .  
In 2021 the federal government expanded several subsidies temporary.  
The federal government compensates Skyguide for air navigatio n services in adjacent foreign 
airspace which are not fully compensated by the foreign country and for fee -exempt  
flights. 2020 and 2021 the federal government recapitalized Skyguide in total with CHF 350 million.  
 
Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.5  State trading, state -owned enterprises, and privatization  
Paragraph 3.158  
 
Question 27:  
Could Switzerland please provide further information on entities owned at the federa l level through 
minority and/or indirect ownership?  
 WT/TPR/M/425/Add.1  
 
- 141 - 
 
Switzerland's answer:  
The Swiss Confederation holds shares in about 70 entities . A list of all holdings is published in the 
federal  financial  statement  (https://www.efv.admin.ch/efv/de/home/finanzberichterstattung/finanz
berichte/staatsrechnung.html ). 
 
Question 28:  
Could Switzerland please provide i nformation on the strategic objectives of each majority owned 
federal state -owned enterprise?  
 
Switzerland's answer:  
The federal government leads the state -owned enterprises with strategic goals . For Swisscom, the 
strategic goals are published here (https://www.uvek.admin.ch/uvek/de/home/uvek/bundesnahe -
betriebe/swisscom/strategische -ziele.html ); f or the Swiss Post here 
(https://www.uvek.admin.ch/uvek/de/home/uvek/bundesnahe -betriebe/post/strategische -
ziele.html ); for SBB here (https://www.uvek.admin.ch/uvek/de/home/uvek/bundesnahe -
betriebe/sbb/strategische -ziele.html ), for Skyguide here 
(https://www.uvek.admin.ch/uvek/de/home/uvek/bundesnahe -betriebe/skyguide/strategische -
ziele.html ). 
 
GOVERNMENT REPORT (G425)  
 
Post/BTR (x1)  
Government Report (G425)  
1 REPORT BY SWITZERLAND  
1.2 Economic context  
1.2.1  Competitiveness and external environment  
 
Question 29:  
What steps is Switzerland taking to remain competitive, for example in areas such as animal welfare 
in order to respond to the anticipated EU Green Deal (farm to fork)?  
 
Switzerland's answer:  
By way of introduction, it can be stated that Switzerland has very strict and detailed legislation in 
the area of animal welfare . Swiss animal welfare law is very detailed and regulates the handling, 
keeping and use of animals.  
 
Switzerland is the only country in wh ich the protection of the dignity of animals is also anchored in 
animal welfare law . In dealing with all animals, the dignity of the animal must be respected . Animal 
experiments are also very strictly regulated.  
 
A comparison with other countries is possible thanks to the Animal Protection Index : The Animal 
Protection Index (API) rates 50 countries around the world according to their animal protection 
policies and legislation: World Animal Protection | Animal Protection Index  
(https://api.worldanimalprotection.org/ ). 
Countries are ranked in 7 categories (A to E) based on an in -depth analysis . No country is ranked in 
category A . Only 6 countries (including Switzerland) are ranked in category B (Switzerland, Austria, 
United Kingdom, Sweden, Denmark and the Netherlands).  
The Animal Welfare Act applies to all vertebrates, as well as to cephalopods and crayfish . One of the 
principles of the Animal Welfare Act is that no one may unjustifiably cause p ain, suffering or harm 
to an animal, put it in fear or otherwise disregard its dignity.  
The Ordinance on Animal Protection contains the minimum requirements for the keeping and use of 
animals . Among other things, it specifies minimum enclosure dimensions a nd equipment, 
employment opportunities and social contacts, outdoor exercise and the stable climate.  
 
Switzerland is involved in bilateral and multilateral working groups and committees to introduce and 
promote Swiss standards . For example, Switzerland pla ys an important role in the OIE, the World 
Organisation for Animal Health (OIE) and is one of its founding countries . Through the FSVO's 
involvement in the OIE, Switzerland can contribute to animal and human health safety and animal 
welfare at the global l evel. In return, it benefits from the knowledge and experience of other 
countries and institutions.  
A regular exchange also takes place with the European Commission.  WT/TPR/M/425/Add.1  
 
- 142 - 
 
Switzerland is particularly committed to promoting animal welfare programmes that go beyon d the 
provisions of animal protection legislation, and to guaranteeing consumers' freedom of choice by 
means of specific declarations of the origin of animal foodstuffs.  
 
In order to be able to continue to act effectively in the future, Switzerland support s the strengthening 
and coherent implementation of the "One Health" approach, in particular through the "Tripartite 
Plus" agreement.  
The transformation of food systems, taking into account the challenges of climate change, is another 
priority in the implem entation of a coherent and sustainable farm to fork approach.  
 
Government Report (G425)  
1 REPORT BY SWITZERLAND  
1.3 Economic policy  
1.3.2  Emerging from the COVID -19 crisis and long -term growth policy  
 
Question 30:  
What lessons have been learned from the COVID -19 crisis regarding support to the export sector, 
maintaining competitiveness and trade policy??  
 
Switzerland's answer:  
As mentioned in answer to question 25 by the UK, support measures focused on support for 
individuals and rather domestic oriented sectors such as sport, culture, media and transportation 
services as well as support to the most affected companies especially in sectors like accommodation, 
restaurants, event industry, retail trade or travel agencies . As the export sector was hardly affe cted 
by closures or sanitary measures, this sector was not targeted by COVID -19 support measures.  
However, Switzerland is convinced that in order to improve the competitiveness of its export sector 
it is of importance to further improve the good framework conditions . In this regard it is worth 
mentioning that Switzerland will remove tariffs on industrial products as of 1 January  2024. The 
removal of tariffs will benefit Swiss consumers and businesses by reducing the price of many 
consumer goods, production costs and the administrative burden on importing businesses . Trade 
relations will become more efficient, and competition will be strengthened.   WT/TPR/M/425/Add.1  
 
- 143 - 
 
24  MALAYSIA  
SECRETARIAT REPORT  
 
Page 33  
1.4.2 Trends and patterns in FDI  
 
1.51. Switzerland continues to rank among the top 10 economies in terms of inward and outward 
FDI stock . Switzerland's inward FDI stock is heavily concentrated in services, particularly finance 
and holding companies (Table A1.7) . Swiss outward FDI is also dominat ed by services but is 
somewhat more diversified, as manufacturing accounts for more than one third of the outward FDI 
stock (Table A1.7).  
 
Question 1 : 
What are the top 5 sectors for FDI in Switzerland?  
 
Switzerland's answer:  
• According to Table A1.7 - FDI b y economic activity (p. 189) - the top 5 sectors (recipients) 
for inward FDI during the period 2016 to 2020 were : Chemicals and plastics (total inflow 
of CHF 52 billion ), other manufacturing and construction (17  billion ), Trade (11  billion), 
Transportation and communications (7  billion), Metals and machinery  (3 billion). 
• For stocks the top 5 sectors by end of 2020 were : Finance and Holding  
companies (54 % of total inward FDI stocks), Trade (20 %), Other services and Chemicals 
and plastics (7 % each) as well was Electronics, energy, optical and watchmaking (4 %). 
 
Question 2 : 
Which top 5 countries are the highest contributors of FDI and in which sectors?  
 
Switzerland's answer:  
• According to Table A1.8 - FDI by selected trading partners (p. 191) - the top 5 contributors 
for inward FDI during the period 2016 to 2020 were : Japan (total inflow of CHF 26 billion), 
Austria (19  billion), France (12  billion), Belgium (8  billion) and the United Kingdom 
(6 billion). 
• For stocks the top 5 investors as per end 2020 were (immediate investors) :  
Netherlands (27 % of total inward FDI stocks), Luxembourg (23 %), United States (13 %), 
Ireland (8 %) and the United Kingdom (5 %). 
 
Page 64  
3.1.3.5 Tariff exemptions and reductions  
 
3.35. In 2019, the Federal Council renewed and expanded a temporary reduction on customs duties 
on textiles, which had been in place from 2015 to 2019 . The Ordinance on the Temporary Reduction 
of Customs Duties on Textile Materials and Intermediate Materials (RO 2019 1611 ;  
RS 632.102.1) entered into force on 1 July 2019 and will have effect until 3 1 December  2023. It 
covers 522 tariff lines (at the HS 8 -digit tariff line level) in Chapters 50, 51, 52, 53, 54, 55, 56, 58, 
59, and 60, of which 15 tariff lines may not benefit from the suspension programme if these items 
are used for retail sale or are in ready -to-use form . All importers, irrespective of their origin, may 
benefit from tariff suspensions . This represents a significant increas e in the number of duty -free 
tariffs compared with the previous regime (Table 3.7) . It was put in place in response to a request 
from the Swiss Textiles Association, whose member companies rely heavily on imports of input and 
intermediary materials for pro duction.  
 
Question 3 : 
Appreciate if Switzerland and Liechtenstein could provide list or reference to 15 tariff lines that may 
not benefit from the suspension programme if these items are used for retail sale or are in ready to 
use form ? It will be better i f we could have the list of the 15 tariff lines at HS 6 -digit tariff line.  
Switzerland's answer:  
The list of the 15 tariff lines is covered in Annex 1, Table 2 of the relevant regulation and may be 
consulted here (available only in French): RS 632.102.1 - Ordonnance du 1er mai 2019 sur la 
suspension temporaire des droits de douane sur les matières et matières intermédiaires textiles 
(admin.ch)  (https://www.fedlex.admin.ch/eli/cc/2019/311/fr ). WT/TPR/M/425/Add.1  
 
- 144 - 
 
 
Page 71  
3.1.4 Import prohibitions, restrictions, and licensing  
 
3.49. Licences are also required f or: (i) imports of species covered by the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora ; (ii) reproductive forestry 
materials ; (iii) organs, tissue, and cells of human origin intended to be transplanted ; (iv) blood, 
blood products, and immunological products ; (v) narcotics, psychotropic substances, and precursors 
used and marketed for legal purposes ; (vi) war materials and arms ; (vii) explosives and pyrotechnic 
articles for civilian use ; (viii) nuclear fuels, residues, and wastes ; radioactive materials ; (ix) 
mercury ; (x) dangerous waste ; (xi) dual -use goods ; (xii) certain dangerous chemical and pesticide 
goods ; and (xiii) ozone -depleting substances.40 
 
Question 4 : 
The new Timber Trade Ordinance has been enforce d in Switzerland starting from 1 January  2022 to 
prevent illegally harvested timber and timber products from entering Switzerland's market . What 
are the detailed requirements (i.e. due diligence, risk assessment, etc.) and scope of the new Timber 
Trade Ord inance?  
 
Switzerland's answer:  
Please refer to the following webpage: Timber Trade Regulation in Switzerland (admin.ch)  
(https://www.bafu.admin.ch/bafu/en/home/topics/forest/info -specialists/strategien -und-
massnahmen -des-bundes /timber -trade -regulation.html ). 
 
Page 71 -72 
Anti-dumping, Countervailing and Safeguard Measures  
 
3.50  As at the time of their previous Review, neither Switzerland nor Liechtenstein has any specific 
legislation on contingency measures, they have no specialized a uthorities in place to initiate and 
conduct anti -dumping and countervailing investigations, and they have no anti -dumping, 
countervailing, or safeguard measures in place . In the context of this Review, the authorities indicate 
that no legislative reforms are under way to establish specific trade remedy regulations . However, 
they note that since the Agreement on Safeguards, the Anti -Dumping Agreement are integral parts 
of national law (under both Switzerland's and Liechtenstein's legal s ystems), these could serve as a 
legal basis for measures in the future.  
3.51  Switzerland reserved the right to use the special agricultural safeguard under Article 5 of the 
Agreement on Agriculture for 1,176 tariff lines but has not invoked it for any product s ince 1999.  
3.52  As noted in previous Reviews, in cases of emergency or when the national interest is at stake, 
the legislation provides for changes in tariff rates or the imposition of non -tariff measures . These 
provisions have not been used during the review p eriod.  
 
Question 5 : 
Currently, how do the Governments of Switzerland and Liechtenstein defend the interest of their 
domestic industry against unfair trade practices or surge of imports or allegation of unwarranted 
subsidies which cause or threaten to cause injury to the domestic industry?  
 
Switzerland's answer:  
At the outset, it should be noted that Switzerland is not exposed to the concerns expressed in the 
question . A possible explanation is that Switzerland specializes in the production of high valu e-added 
products, such that it does not have to face intense international competition . Should such problems 
arise, Switzerland will privilege a diplomatic solution through increased dialogue, bilaterally or in 
international fora . Switzerland traditionally  refrains from applying trade defence  
instruments (anti -dumping, safeguards, CVDs) . However, Switzerland maintains the right to use 
such instruments if necessary and in accordance with WTO rules.  
 
Question 6 : 
 
How does Switzerland and Liechtenstein defend the interest of its domestic industry with regards to 
trade remedy cases taken against them?  
 WT/TPR/M/425/Add.1  
 
- 145 - 
 
Switzerland's answer:  
As soon as Switzerland and Liechtenstein are informed that a trade -remedy procedure that could 
affect their domestic in dustry has been initiated by a WTO Member, they first make sure that the 
industry receives the relevant information so that it can defend its interests in the investigation . 
Switzerland  [and Liechtenstein] also make interventions, as appropriate, in the pr ocedures 
concerned, via bilateral exchanges with the Member concerned or in relevant international fora, 
requesting that international obligations be respected, that possible trade -remedy measures that 
would be applied be least trade -restrictive and, if ap plicable, requesting that imports from 
Switzerland and Liechtenstein be exempted from the measures.  
 
Question 7 : 
With reference to para 3.52, how do Switzerland and Liechtenstein define "in cases of emergency or 
when the national interest is at stake" ? Following that, what are the legislations that provide for 
changes in tariff rates or the imposition of non -tariff measures ? Please elaborate on the mechanism, 
i.e. tenure and examples of how the changes in tariff rates or imposition of non -tariff measures  
will/can be implemented.  
 
Switzerland's answer:  
As indicated in Fn 42 of the Secretariat Report, the Swiss legislation allows for changes in tariff rates 
or the imposition of non -tariff measures, if the requirements of the relevant provisions are  fulfilled . 
The Federal Council is competent for these measures, which are of a temporary nature . Measures 
provided for under Article 7 of the Federal Law of October  1986 on Customs Tariffs and Article 1 of 
the Federal Law on External Economic Measures aim  to protect Switzerland's essential economic 
interests in case measures taken abroad or extraordinary conditions prevailing there affect 
Switzerland's foreign trade.  
Article 11 of the Federal Law of October  1986 on Customs Tariffs provides for a safeguard clause for 
agricultural products . Such measures must be within the limits of the safeguard clauses contained 
in international agreements . In urgent cases, the decision may be taken at the level of the Federal 
Department of Economic Affairs, Resea rch and Education.  
Beyond these provisions, the Swiss legislation does not provide for any further specific formal or 
substantive requirements . Decisions on such measures would be taken on a case -by-case basis and 
taking into account the macroeconomic inte rests. Under current WTO law, Switzerland has so far 
ordered urgent safeguard measures only once, in 1999, concerning pork meat.  
 
Page 82  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and  
3.3.1 Taxation and incentives  
3.3.1.2 Indirect taxes  
3.3.1.2.2 Excises  
 
3.85. Biofuels, such as bioethanol or vegetable oils, can benefit from full tax relief if  they meet 
environmental and social requirements . Biofuels must be traceable, and proof provided that their 
produc tion was made on legally obtained land, respecting social norms, without altering the land, 
and that their production must be overall less harmful to the environment than mineral fuels . As per 
the customs union, these provisions also apply in Liechtenstein . To compensate tax losses due to 
tax reliefs on biofuels and to encourage the transition to "greener" fuels, the Federal Council decided 
in July 2020 to raise taxes on oil and diesel fuels, while maintaining a low tax burden on biofuels 
until the end of 2023. In 2020, biofuels represented 3.7 % of total Swiss fuel consumption, 
unchanged from 2019.  
Question 8 : 
Biodiesel in Malaysia is mainly produced from sustainable palm oil with certifications such as MSPO, 
RSPO and ISCC . They are traceable, produced on l egally obtained land, respect social norms without 
altering the land, and are less harmful to the environment than mineral fuels . Does Malaysia's palm 
biodiesel receive the same treatment of full tax relief as they meet these environmental and social 
requirements?  
 
Switzerland's answer:  WT/TPR/M/425/Add.1  
 
- 146 - 
 
According to the Swiss mineral oil tax legislation biofuels can benefit if the full ecological life cycle 
assessment  is significantly better than that of fossil fuels (more specifically petrol) . Normally, these 
conditions ar e only met by biofuels made of waste or production residues . Biofuels gained directly 
from re -growing renewable sources in most cases cannot fulfil these conditions . The palm oil as 
described in the question appears to be made of such a re -growing renewable source and not of 
waste/residue origin . According to the conditions illustrated above, one must therefore assume that 
biodiesel made directly of palm oil would not qualify for full tax relief for biofuels in Switzerland. (see 
also question 15 fro m Malaysia) . 
 
Page 101  
3.3.6 Government procurement  
3.3.6. 1 Overview  
 
3.167 . The EEA Agreement establishes a single market in public procurement between Iceland, 
Liechtenstein, and Norway, and the European Union . A bilateral agreement concluded  
on 21 June 1999 between the European Union and Switzerland on certain aspects of public  
procurement filled the gap between the scopes of the GPA and the relevant provisions under the 
EEA. 
 
Question 9 : 
Appreciate if Switzerla nd can clarify what gaps of the GPA that has been fulfilled.  
 
Switzerland's answer:  
The 1999  Agreement between Switzerland and the European Union (EU) on public procurement 
expands the area of application of the WTO Agreement on Government Procurement (GPA), i n 
particular by securing reciprocal access to purchases of products and services (including construction 
services) by local authorities (municipalities), by public and private entities operating on the basis 
of exclusive or special rights in the fields of railway transport and energy other than electricity (the 
latter being already covered by the GPA) , as well as by private entities operating on the basis of 
exclusive or special rights in connection with drinking water, electricity, airports, ports, and urb an 
transport . In this respect, at the time of its conclusion such a bilateral agreement contributed to 
realise a liberalisation level comparable to the European Economic Area.  
 
Page 103  
3.3.6.1 Switzerland  
 
3.172.  Under the Federal Law on Public Procuremen t, contracts are awarded to the supplier having 
submitted the most advantageous offer, except for standardized supplies for which the lowest price 
offer may be selected . Under the Intercantonal Agreements of 2001 and 2019, contracts are awarded 
to the most  economically advantageous tender.  
 
Question 10 : 
Are foreign companies supplying industrial products and medical products (incl. essential goods) 
allowed to participate in public procurement contracts in Switzerland?  
 
Switzerland's answer:  
Foreign suppliers coming from countries to which Switzerland has undertaken to grant market access 
on a contractual basis have the legal certainty to participate in Swiss public procurement, provided 
the countries concerned have given the same commitment to Switze rland. Outside the scope of 
international treaties or other type of bilateral arrangement foreign suppliers can participate in Swiss 
public procurement procedures if the contracting authority allows it, however there is no legal 
certainty that the offer wi ll be taken into consideration.  
 
Page 104  
3.3.7  Intellectual property rights  
3.3.7. 4 International initiatives and WTO participation  
 
3.193 . During the review period, Switzerland actively participated in the TRIPS Council discussions 
on, inter alia, supporting micro, small and medium -sized enterprises (MSMEs) to take advantage of 
IPRs for their business activity, and co -sponsored several initiatives such as the promotion of 
public -private collaborations in IP innovation and commercialization and the s ocietal value of IP in 
the new economy.  WT/TPR/M/425/Add.1  
 
- 147 - 
 
Question 11 : 
Appreciate if Switzerland can clarify what specific programs were implemented towards the 
promotion of public -private collaborations and the societal value of IP.  
 
Switzerland's answer:  
In Switzerland, at least two kinds of public -private collaborations in the field of IP promote the 
societal value of IP.  
Firstly, the Swiss IP Office runs two public -private partnerships (PPP) together with industry 
representatives . The aim of "Stop Piracy" is to raise awareness among consumers about the dangers 
of counterfeit goods and to promote cooperation between the authorities and the business 
community . The other PPP is called "Swissness Enforcement" . Its objective is to effectively combat 
the misuse of Swiss indications of source abroad, by establishing close coordination between the 
private and public sectors . The association intervenes where there are individual claims of misuse 
and where public and private interests are affected.  
Secondly, Innosuisse8 (https://www.innosuisse.ch/inno/en/home.html ), one of the two state -funded 
organizations that support research in Switzerland, runs a program that co -finances research 
collaborations b etween universities of applied sciences and private enterprises . IP plays an important 
role in such cooperation . As a result of such cooperation contracts, the industrial partner may then 
commercialize the results of the cooperation, thereby, technology an d know -how transfer from the 
university to industry and vice versa are enabled.  
 
Page 125  
4.1.3.2 Market support measures  
 
4.48. Price support is relatively significant in Switzerland . The OECD estimates that it accounts  
for 50 % of total producer support, and domestic prices were on average 46 % above world prices  
in 2018 -2020. In addition to tariff rate quotas with high out -of-quota tariffs, Switzerland also 
provides complementary market support measures . Such expenditures mainl y support dairy 
producers . In addition, area payments apply to oilseeds, protein crops, grain, and sugar beet.  
 
4.49. Switzerland's market support measures are presented in Table 4.4 . In its most recent 
notifications to the WTO Committee on Agriculture (ca lendar year 2019), which were jointly 
submitted with Liechtenstein, Switzerland indicated that price support through applied administered 
prices is in place only for tobacco . "Observed" prices as close as practicable to the first point of sale 
are used to calculate the support (i.e. prices observed by FOAG and price data provided by 
agricultural organizations) . The notification shows a current total AMS of CHF 1,434 million , well 
below the bound total AMS commitment level of CHF 4,257 million . 
 
Question 12 : 
Appreciate if Switzerland could provide information on any additional support (besides the existing 
support) given to the oilseeds and vegetable oils sector during the COVID -19 pandemic?  
 
Switzerland's answer:  
No specific measures were adopted for oilseeds and vegetable oils in the context of the COVID -19 
pandemic.  
 
Page 129 -130 
4.2.2  Energy  
4.2.2.1 Switzerland  
4.2.2.1.1 Economic developments  
 
As illustrated by Table 4.7, which describes the balance of energy trade, during the period under 
review Switzerland imported more than 80 % of its energy supply (oil and gas of which it is devoid, 
but also electricity for trading purposes), while it exported about half of its local production 
(electricity in summer months when demand is low and production of run of river is high at certain 
periods of the year and marginally refined oil) . The local production of energy increased  
by 8.2 % during the review period, though not in a linear manner . Within local production, the share 
of hydroelectricity oscillated ar ound 50 % (due to weather/climate conditions), the share of wood 
remained around 15 %, and the share of other renewables (solar and wind) grew  
from 9.8 % to 13.0 %. 
 
8 See: https://www.innosuisse.ch/inno/en/home.html . WT/TPR/M/425/Add.1  
 
- 148 - 
 
Question 13 : 
Appreciate if Switzerland could provide information on any type of biomass being used to generate 
renewable energy.  
Switzerland's answer:  
Yes. Wood, communal waste ( incineration  plants), wastewater treatment plants and biogas 
generated from waste (no energy crops) are used to generate renewable energy.  
 
Question 14 : 
Are there any  incentives or supports given to the industry players involved in the production of 
renewable energy, especially from biomass?  
 
Switzerland's answer:  
Yes. For the electricity production there are investment contributions (up to 60 %) for wood -fired 
plants, wastewater treatment plants and CHP with biogas . There is also a program supporting 
households that switch from a fossil to a renewable heating system (wood/ heat pumps /solar)  
 
Page 137  
4 TRADE POLICIES BY SECTOR  
4.2 Mining and Energy  
4.2.2 Energy  
4.2.2.1 Switzerland  
4.2.2.1.2 Policy developments  
4.2.2.1.2.1 Environmental issues  
 
4.89 Following the rejection by the Swiss population in June 2021 of this proposed revision of the 
CO2 Law, a partial amendment was adopted in December  2021 in order to tem porarily prolong some 
limited and unchallenged measures of the CO2 Law and to avoid a legal void . The measures that will 
be prolonged for three more years (2022 -2024) include the maintenance of emission targets for 
greenhouse gases (i.e. a reduction of 20 % in 2020 compared to the 1990 basis and an annual 
reduction of 1.5 %, three quarters of these reductions being realized in the Swiss territory (as 
opposed to compensations made abroad)) and the obligation for fuel importers to offset CO2 
emissions, in part,  by investing in projects for climate protection . As before, importers will be allowed 
to pass on the tax up to CHF 0.05 per litre to consumers and will continue to have their tax 
reimbursed if they pledge to diminish their emissions by an additional 2 % per year . Tax rebates on 
natural gas, liquid gas, and bio -fuels are maintained until 2024.  
 
Question 15 : 
Export of Malaysia's palm biodiesel to Switzerland was recorded at 4,015 tonnes  
in 2018, at 5,500 tonnes in 2019 and at 4,356 tonnes in 2020 . However, zero export to Switzerland 
was recorded in 2021 . Malaysia's palm biodiesel meets  the environmental and social requirements, 
which are traceable, produced on legally obtained land, respect social norms, without altering the 
land, and are less harmfu l to the environment than fossil fuels . Does palm biodiesel enjoy the same 
import tax rebates as biofuel from other feedstock?  
 
Switzerland's answer:  
According to the Federal Office for Customs and Border Security there was no import of biodiesel 
from Mala ysia in 2018, 2019 and 2020 into Switzerland . We would be interested in knowing how the 
numbers of the palm biodiesel to Switzerland were calculated. (See also question 8 from Malaysia)  
 
Page 143  
4.3 Manufacturing  
4.3.1 Switzerland  
 
4.119 . Switzerland remains one of the most industrialized countries among developed countries, 
thanks largely to its orientation towards high -end products and good framework conditions, notably 
regarding education and training, infrastructure, R&D, and taxation . The contribution of 
manufacturing to GVA (Table 4.14) even increased during the period under review,  
from 18 .3% in 2016 to 18 .7% in 2019 -2020 and was not affected by the COVID -19 pandemic  
in 2020.  
 
Question 16 : 
What are the high -end promoted products under the manufacturing sector in Switzerland?  WT/TPR/M/425/Add.1  
 
- 149 - 
 
Switzerland's answer:  
Switzerland Global Enterprise (S -GE) is responsible for supporting export -orientated SMEs in 
Switzerland and Liechtenstein in exporting their products and services . The organization does not 
prioritize the promotion of specific products, but generally offers its services to all export -oriented 
SMEs from Switzerland and Liechtenstein . At the same time, S -GE puts a special focus on areas with 
high export potential, includin g the Swiss mechanical, electrical and metal industry (MEM) . Among 
others, S -GE promotes business opportunities for Swiss SMEs in the precision tools sector, the 
process technology and automation sector, the pump technology sector, the packaging machinery 
sector or the drone industry . The possible promotion of sub -sectors/ products is thereby usually 
determined from the point of view of the demand in the target markets.   WT/TPR/M/425/Add.1  
 
- 150 - 
 
25  OMAN  
REPORT BY THE SECRETARIAT (WT/TPR/S/425)  
 
Investment Regime  
 
The secretariat repor t states that in paragraph  2.48. Switzerland is open to investment, although 
restrictions persist in a few activities where state monopolies operate (namely rail transport, postal, 
insurance, and commercial services).  
 
Question 1: 
Please confirm whether the Government of Switzerland has any plan to reduce the restrictions on 
foreign investment on insurance and commercial services ? 
 
Switzerland's answer:  
Public monopolies exist on fire and natural damages insurance in some cantons . In the area of 
commercial services the sale of explosives is subject to authorisation and reserved to residents or 
firms incorporated in Switzerland . The Government has currently no intention to abolish these 
monopolies or restrictions.  
 
3.2.5 Export finance, insurance, and guarantees  
 
The secretariat report states that in paragraph  3.65. Under normal circumstances, to qualify for 
export insurance from SERV, the goods or services being exported must be of Swiss origin or, in 
most cases, have a total foreign content of no more than 50 %. 
 
Question 2:  
Please explain how these programs are consistent with Switzerland's obligations under TRIMs 
Agreement?  
 
Switzerland's answer:  
Swiss Export Risk Insurance SERV insures political and  commercial risks  (https://www.serv -
ch.com/en/glossary/detail/term/delkredererisiko/ ) involved in exporting goods and services . SERV 
insurance and guarantees protect Swiss exporters from default and facilitate export financing . SERV 
does not affect nor apply to imports . It is not an investment measure related to trade in goods and 
does not fall into the scope of the TRIMs agreement.  
 
Government Report (WT/TPR/G/425)  
 
1 REPORT BY SWITZERLAND  
1.3.5  Micro, small and medium -sized enterprises (MSMEs)  
 
The country report states in paragraph  1.35 that Switzerland Global Enterprise (S -GE) is the official 
Swiss export promotion organization has branches in 31 countries also provide assistance abroad.  
 
Ques tion 3: 
Could the Government of Switzerland elaborate more details on those abroad branches, in which 
countries they operate and what are the services provided?  
 
Switzerland's answer:  
Please find the countries/regions where S -GE branches (Swiss Business Hubs and Trade  
Points) are based under the following link: Global Network | S -GE (https://www.s -
ge.com/en/offices -around -world ).The S -GE abroad branches provide local ized support to 
export -oriented SMEs from Switzerland and Liechtenstein . The services provided include, among 
others, market information, consulting, market and product analysis, search for distributors, 
organization of events and fact -finding missions or partners networking services.  WT/TPR/M/425/Add.1  
 
- 151 - 
 
2 REPORT BY LIECHTENSTEIN  
 
2.2.2 The economic sectors  
 
The country report states in paragraph  2.32 that Liechtenstein . On 1 January  2020, implemented 
"Block chain Act ." With this new law Liechtenstein was the first country to introduce a comprehensive 
regulation of the token economy.  
 
Question  4: 
Could Government of Liechtenstein share the policy that have been put in place to implement such 
Act?  WT/TPR/M/425/Add.1  
 
- 152 - 
 
26  UKRAINE  
Ukraine is very grateful to Switzerland and Liechtenstein for standing with Ukraine in these terrifying 
times and not remaining indifferent in the face of the unprecedented and illegal aggression of the 
RF. 
 
PART I : QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/425)  
 
1 ECONOMIC ENVIRONMENT  
1.3 Structural Challenges  
1.3.1 Switzerland  
Page 24 , paragraph 1.25 
 
The Report refers to Switzerland as a "high price island" due to remaining restrictions on the 
openness of the economy and a high purchasing power.  
Ukraine notes that Switzerl and is going to remove tariffs on industrial products  
since 1 January  2024 with the aim to promote open markets and to reduce the price of many 
consumer goods that will benefit Swiss consumers and importing businesses.  
 
Question 1:  
Would Switzerland, plea se, clarify what sectors of the economy are subject to mentioned "remaining 
restrictions" and why such restrictions continue to be imposed?  
 
Switzerland's answer:  
Multiple reasons explain the high level of prices in Switzerland . On the one hand, the price level is 
strongly driven by domestic wages and cost level ; on the other hand, numerous tariff and non -tariff 
trade barriers allow companies to seal off the Swiss market and thus charge higher prices ("Swiss 
surcharge") . Remaining  restrictions cover t ariffs (in particular in the agricultural sector) and 
non-tariff restrictions as some product market regulations differ from product market regulations in 
other countries and in the EU, Switzerland's main trading partner . To limit such differences in the 
product market regulations which could result in trade restrictions Switzerland has the 
Cassis -de-Dijon principle . This principle stipulates that a product which complies with the technical 
regulations of the EU, a member state of the EU or that of the EEA,  and is legally placed on the 
market in one of these member states, may in principle be placed on the Swiss market without any 
further controls (art icle 16a of the Law on Technical Barriers to Trade) . Exceptions to the principle 
are only possible when over riding public interests are at stake . An indicative  negative list is published 
here:  https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusam
menarbeit/Wirtschaftsbeziehungen/Technische_Handelshemmnisse/Cassis -de-Dijon-Prinzip.html . 
In addition, Switzerland has also legally enshrined the prin ciple of autonomous harmonisation 
(Article 2.2 WTO TBT agreement) with the technical regulation of its most important trading partners.  
 
Question 2:  
Is there any strategy for lifting/easing such restrictions on the foreign trade in addition to the 
decision  on the removal of tariffs on industrial products since 1 January  2024? 
 
Switzerland's answer:  
Switzerland is constantly striving to tackle high prices and reduce remaining trade restrictions .  
In 2017, the Federal Council adopted a package of a wide range of measures to combat the high 
prices in Switzerland . Some of these measures are still being implemented . The abolition of industrial 
tariffs has already been adopted . As an overarching strategy the Federal Council approved  
on 24 November  2021 the f oreign economic policy strategy . Also, the above mentioned exceptions 
to the Cassis -de-Dijon-principle are periodically reviewed to verify whether they are still justified.  
 
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2 Regiona l trade agreements (RTAs)  
Page 42 , paragraph  2.16 
 
As at January  2022, Switzerland had RTAs in force with 73 economies, comprising its customs union 
with Liechtenstein ; its bilateral accords with the European Union ; its participation in EFTA with 
Liechtenstein, Iceland, and Norway ; EFTA's RTAs with 39 economies etc.  WT/TPR/M/425/Add.1  
 
- 153 - 
 
Ukraine is convinced that regardless of the enormous negative impact of the RF`s aggression on 
Ukraine's economy and the related challenges, we can continue developing our trade and eco nomic 
relationships . We would require further significant support of the international community in 
rebuilding our country from the RF -brought destructions . We consider that the Ukraine – EFTA FTA 
is an important tool in this regard.  
 
Question 3:  
Ukraine w ould appreciate if Switzerland could share its views on any further possible steps to extend 
coverage of agricultural goods, including processed agricultural products under the bilateral 
Agreements on Agriculture.  
 
Switzerland's answer:  
Switzerland, togeth er with its EFTA partners, is currently engaged in processes seeking to update 
selected existing free trade agreements . When considering a revision of an existing agreement, 
Switzerland conducts a comprehensive assessment of the potential for further deepe ning the 
agreement concerned . This applies not only to market access conditions, including for agricultural 
products, but also to all other areas where measures to further facilitate bilateral trade can be 
identified.  
 
Question 4:  
Are there any plans to im prove conditions and to deepen Switzerland's preferential trade relations 
with trade partners under existing FTAs, considering expected removal of tariffs on industrial 
products by Switzerland since 1 January  2024? 
 
Switzerland's answer:  
In Switzerland, ap plied tariffs on industrial products are already generally low today at an average 
of 1.7 % of the product value . Hence, the focus of free trade partners often are not industrial tariffs . 
Switzerland's FTAs have a broad coverage and encompass many other areas such as agricultural 
goods, non -tariff measures, services, investment and government procurement.  
Switzerland and the other EFTA States are interested that existing FTAs remain relevant and are 
open to engage in discussions regarding the possib le modernization of such agreements.  
 
Page 42 , paragraph  2.17 
 
According to the Report a study was recently commissioned by the State Secretariat for Economic 
Affairs (SECO) to assess the extent to which Swiss companies use the tariff preferences available  
through RTAs (both with respect to their imports and exports) . In particular, SECO conducted a 
survey of importing companies to identify the reasons for non -utilization of RTAs by some Swiss 
firms. Reportedly, the main reason was that companies are not su fficiently informed about the 
conditions that must be met in order to benefit from FTAs . The fulfilment of rules of origin also 
seemed to play a significant role . The authorities indicate that SECO is continuing to analyse the 
results of this questionnaire  with a view to determining if further work can help promote increased 
use of Switzerland's FTAs by businesses.  
 
Question 5:  
Ukraine would be grateful for providing additional information on results of mentioned survey 
concerning utilization of Ukraine – EFTA FTA, if it was separately examined by SECO . Were there 
similar reasons assessed as lack of information about the conditions that must be met in order to 
benefit from FTAs or problems with the fulfilment of rules of origin?  
Switzerland's answer:  
SECO conducted two surveys, one with importers and one with exporters . The survey with importers 
confirmed that companies are not sufficiently informed about the conditions that must be met in 
order  to benefit  from FTAs. See also the following  publication:  https://dievolkswirtschaft.ch/fr/202
1/10/accords -de-libre-echange -les-importateurs -paient -trop-de-droits -de-douane/ . 
The survey with exporters is currently been evaluated by SECO.  
No country specific information on the use of the FTA between the Ukraine and EFTA have been 
reported in the surveys.  
 
Question 6:  
What measures do the authorities adapt to promote increased use of Switzerland's FTAs by 
businesses?  WT/TPR/M/425/Add.1  
 
- 154 - 
 
 
Switzerland's answer:  
Switzerland initiated  extensive work to identify the factors that lead to incomplete use of FTAs . The 
aim is to identify measures to further increase the use of FTAs.  
 
3 TRADE POLICI ES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.3 Tariffs  
3.1.3.1 Applied MFN tariff  
Page 59 , paragraph  3.21 
 
The Report states that the Switzerland -Liechtenstein tariff schedule exclusively consists of specific 
duties that are gene rally based on gross weight ( i.e. CHF 5 per 100  kg gross).  
 
Question 7:  
Is the amount of such duties adjusted to the developments in the world prices for exports/imports ? 
If yes, please describe the adjustment mechanism.  
 
Switzerland's answer:  
Switzerland's specific duties are not adjusted to take into account world prices. . However, adjustable  
tariffs do exist for a selected number of agricultural products . Threshold prices are defined in the 
respective ordinance and correspond to the target i mport price (Agricultural Import Ordinance, RS 
916.01 - Ordonnance du 26 octobre 2011 sur l'importation de produits agricoles (Ordonnance sur 
les importations agricoles, OIAgr) (admin.ch)  (https://www.fedlex.admin.ch/eli/cc/2011/770/fr )). 
Changes to the Threshold prices are within the competence of the Federal Council.  
 
Question 8:  
Are the goods' quality indicators taken into account while applying the specific duties ? If yes, what 
mechanism is used?  
 
Switzerland's answer:  
The quality of an imported product does not affect the specific duty applied for a given tariff line . In 
isolated cases, the tariff delineates sub -headings b ased on the quality of a product (see for example, 
heading 1509, olive oil).  
 
3.3 Measures Affecting Production and Trade  
3.3.1 Taxation and incentives  
3.3.1.2 Indirect taxes  
3.3.1.2.1 VAT  
Page 80 , paragraph  3.79 
 
The Report describes measures taken to revise the VAT system concerning mail order companies . It 
informs that on 2 4 September  2021 the Federal Council proposed a new change to the system that 
will make online platforms liable to pay the tax on all sales of goods they facilitate . Thus, the  
platform (deemed supplier) on which the sale has been concluded, and not the seller of the  
goods (underlying seller), has to impose the VAT . Foreign companies not using a platform, and which 
meet the CHF 100,000 threshold, will still remain liable to pay the VAT. 
 
Question 9:  
Would Switzerland and Liechtenstein kindly provide more detailed information about prerequisites, 
expected results and practical implementation of VAT legislation changes, proposed by the Federal 
Council on 2 4 September  2021, in particular regarding liability of online platforms to pay the VAT on 
all sales which are concluded on such platforms?  
 
Switzerland's answer:  
An online platform will be recognized as deemed supplier for the transactions it facilitates . The notion 
of "facili tating" is very close to the one developed in the European Union but does not include a 
limitation on the value of the goods.  
 
A specific VAT liability threshold applies at present to all mail -order businesses . According to the 
law, a mail -order business ( and in the future, a platform) is liable to register for VAT purposes in 
Switzerland if it generates more than CHF 100,000 turnover from small consignments imported onto WT/TPR/M/425/Add.1  
 
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Swiss territory (mail -order trade regulation) . Small consignments are consignments whe re the 
import tax does not exceed CHF 5. If the aforementioned threshold is met, the platform will have to 
subject all its supplies of goods (B2B and B2C) destined to customers on Swiss territory to the 
domestic tax (at the point of sale) – whether it is a cting in its own name or whether it has facilitated 
the sale . The platform will also be the person liable to pay the import tax if the import is not exempt 
(i.e. when the import tax exceeds CHF 5). However, the platforms will have the possibility to use 
the transfer procedure and will be able to declare the import tax electronically to the Federal Tax 
Administration, in their own VAT returns, instead of paying it to the Federal Office for Customs and 
Border Security when crossing the border . Additionally, t he platforms will be able to deduct the 
declared import tax as input tax in the same VAT return.  
 
Under the current law, the customs declarant (whom is in principle the person transporting the 
good(s)) has to specify in the customs declaration which person  is the importer . In principle, the 
consignee of a consignment is the importer . However, if the consignor is a registered mail -order 
business (that exceeds the CHF 100,000 threshold from small consignments imported onto Swiss 
territory), it is the consigno r, and not the consignee, that will be regarded as the importer.  
 
Under the new law, the consignor will have to inform the customs declarant if the sale was made via 
an online platform and whether that platform is registered as a taxable person in Switzerl and for 
VAT purposes . For example, he may use the invoice/order confirmation issued by the platform for 
the customer as an enclosed document (which might ideally also contain the authorisation number 
for the transfer procedure, if applicable, in addition t o the VAT number of the platform) . Alternatively, 
he can create a pro forma invoice as an accompanying document in which he shows to whom he has 
sold the goods (for tax purposes) and to whom he is sending them.  
 
3.3.7 Intellectual property rights  
3.3.7.1 Trade -related intellectual property rights  
Page 104 , paragrah  3.176  
 
The Report emphasizes that Switzerland ranks as the world`s most -innovative economy  
among 132 economies featured in the 2021 Global Innovation Index elaborated by the World 
Intellectual Property Organization (WIPO).  
According to the WIPO, Switzerland and Liechtenstein are the most -innovative economies in the 
world . Ukraine is looking forward to engage constructively with Switzerland and Liechtenstein during 
the renovation of natio nal IP system in the aftermath of the RF 's aggression based on the experience 
and good practices available in Switzerland and Liechtenstein, with good use of their technical 
assistance and in full compliance with EU acquis.  
 
Question 10:  
Would Switzerland and Liechtenstein kindly provide advice relating to possible ways of encouraging 
our collaboration in the areas of IP, sharing of know -how and technology between interested 
stakeholders for further development of IP system and for promotion of technologica l innovations in 
such sectors as manufacturing, construction, IT etc., which are extremely important for recovery of 
our economy?  
 
Switzerland's answer:  
Swiss technical cooperation in the area of intellectual property is generally funded by the Swiss State 
Secretariat for Economic Affairs (SECO) and implemented by the Swiss Federal Institute of 
Intellectual Property (IPI) . Ukraine is a priority country of SECO and thus benefits from SECO -funded 
technical cooperation . SECO currently supports several pro jects in Ukraine in areas other than 
intellectual property ; the focus of some of these activities had to be adapted due to the current 
circumstances . Should there be an interest from Ukraine for technical cooperation in the area of 
intellectual property, U kraine is welcome to contact Switzerland and provide information on its 
specific needs and interests.  
In addition, such information and needs can also be shared in the context of the EFTA -Ukraine FTA, 
which contains an article on technical cooperation (Art icle 13 of the IPR Annex).  
 WT/TPR/M/425/Add.1  
 
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4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3 Domestic support  
4.1.3.1 Direct payments  
Page 123 , paragraph  4.42 
The Report states that there are two types of biodiversity payments : (i) payments for quality and 
for certain lands that contribute to biodiversity ; and (ii) payments for connectivity, which are granted 
only if the agricultural land complies with the guidelines of a regional connectivity project approved 
by the canton.  
 
Question 11:  
Could Switzerland, plea se, provide the main criteria of the guidelines of a regional connectivity 
project, with which the agricultural land should comply to receive payments for connectivity?  
 
Switzerland's answer:  
Private biodiversity specialists elaborate a project and analyze  the regional biodiversity in the 
project's perimeter, propose measures to promote endangered species identified in the perimeter 
and send the project to the canton for approval . Biodiversity promoting areas must be a substantial 
part of the landscape and must be exploited respecting the needs of endangered species present in 
the project's perimeter . Farmers sign a contract with the canton committing themselves to exploit 
the specific biodiversity promoting area during the duration of a connectivity project  of 8 years with 
targeted measures, in order to maintain and improve populations of endangered  
species (e.g. : 10% non-harvested refugia in meadows, stones piles).  
 
4.1.3.3 Milk  
Page 126 , paragraph 4.51 
 
The Report informs that in Liechtenstein milk production is constrained by a production quota system 
and, in the context of the previous Review, the authorities stated that the advantages of the milk 
quota outweigh its disadvantages, and that representatives from the milk sector hav e declined an 
exit from the milk quota system.  
 
Question 12 : Liechtenstein  
Could Liechtenstein, please, provide the main advantages of the milk quota system?  
 
Question 13 : Liechtenstein  
What norms for milk yield and livestock number per one dairy farm does  Liechtenstein use under 
the milk quota system?  
 
4.1.3.4 Grains, oilseeds, and sugar  
Page 127 , paragraph  4.60 
 
Under the Report, sugar production in Switzerland and Liechtenstein is constrained by quotas agreed 
on a private basis between the sugar refineri es and the sugar beet producers and there are surplus 
management that is handled by private actors.  
 
Question 14:  
Could Switzerland and Liechtenstein, please, provide the information about the functional activities 
of the surplus management in the context of excess sugar production?  
 
Switzerland's answer:  
Private sugar refineries and sugar beet producers agree on yearly production quotas . However, in 
recent years these agreed quotas had no binding effect as the domestic production was significantly 
lower than the quota.  
 WT/TPR/M/425/Add.1  
 
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PART II : QUESTIONS REGARDING THE REPORT  BY SWITZERLAND AND LIECHTENSTEIN 
(WT/TPR/G/425)  
 
1 REPORT BY SWITZERLAND  
1.3 Economic Policy  
1.3.5 Micro, small and medium -sized enterprises (MSMEs)  
Page 12 , paragraph 1.53 
 
The Report mentions that Switzerland Global Enterprise (S -GE) is the official Swiss export promotion 
organization . In particular, it supports MSMEs in seeking and exploiting export opportunities abroad . 
S-GE reports on international market developments, offers advice, identifies international contacts, 
partners and business opportunities and helps to promote Swiss products and services abroad . The 
organization's branches in 31 countries also provide assistance abroad.  
 
Question 15:  
Ukraine n otes several effective instruments implemented by the Swiss government in support of 
national MSMEs . In this regard and given the extreme situation of Ukrainian MSMEs, could 
Switzerland consider possibility of extending some of the programmes or types of a ssistance to 
Ukrainian MSMEs?  
 
Switzerland's answer:  
Switzerland Global Enterprise (S -GE) is responsible for supporting export -orientated SMEs in 
Switzerland and Liechtenstein in exporting their products and services . Foreign companies that are 
not domicil ed in Switzerland or Liechtenstein cannot obtain export promotion services from S -GE. 
Hence S -GE cannot provide import promotion for Ukrainian MSMEs into the Swiss market.  
However, Ukraine is a priority country of Switzerland's transition cooperation with Eastern Europe . 
The Swiss Cooperation Programme in Ukraine, among other objectives, involves enhancing the 
competitiveness of small and medium -sized enterprises . Switzerland is also currently supporting 
MSMEs under the difficult situation, including, among  others, the potential relocation to safer areas 
in Ukraine, access to finance as well as export promotion.  
 
2 REPORT BY LIECHTENSTEIN  
2.2 Trade and Economic Policy Environment  
2.2.3 State activities  
Page 25 , paragraph  2.39 
 
The Report informs about the Investor Summit Liechtenstein that helps to connect start -ups and 
MSMEs seeking capital with top -class investors and decision -makers . Company presentations are at 
the heart of these event which are sponsored by the Liechtenstei n Government as well as numerous 
other partners . Capital -seeking start -ups and growth -oriented MSMEs are given the opportunity to 
present themselves to a high -calibre audience and make interesting contacts . Decision -makers and 
investors are thus given the opportunity to get to know a wide variety of interesting investment 
opportunities in a very short time.  
 
Question 16 : Liechtenstein  
Would Liechtenstein kindly clarify whether foreign start -ups and MSMEs can also participate in the 
Investor Summit Liechtens tein and present their companies (if so, please, inform on conditions of 
participation, place and dates of its holding)?   WT/TPR/M/425/Add.1  
 
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27  TÜRKIYE  
THE GOVERNMENT REPORT (WT/TPR/G/425)  
 
2.2 Trade and Economic Policy Environment, 2.2.2 The economic sectors, 2.32, p. 24.  
 
It is stated in the Government Report that "On 1 January  2020, the Token and Trusted Technology 
Service Provider Act (TVTG) – also known as the "Blockchain Act." – entered into force in 
Liechtenstein . With this new law, Liechtenstein was the first country to introduce a comprehensive 
regulation of the token economy . On the one hand, the law regulates civil law issues in relation to 
client and asset protection . On the other hand, adequate supervision of the various service providers 
in the token economy has been established . In addition, there are measures to combat money 
laundering by making service providers subject to rules on anti -money laundering and the combating 
of financing of terrorism . Furthermore, the law provides clarity and legal certainty with r egard to 
digital securities."  
 
Question 1 : Liechtenstein  
Could Liechtenstein explain that what could be the profound  implications of the Token and Trusted 
Technology Service Provider Act (TVTG) – also known as the "Blockchain Act "? 
 
THE SECRETARIAT REPORT (WT/TPR/S/425)  
 
4.4.1.1 Switzerland, 4.141, p. 151  
 
On page 151 of the Secretariat Report, it is stated that "To improve the market surveillance on 
products offered over the Internet (e -commerce), two new actors are created and their obligations 
defined, along the lines of the corresponding Regulation (EU) 2019/102078 on market surveillance."  
 
Question 2 : 
Could Switzerland give further information regarding Regulation (EU) 2019/102078 in terms of 
market surveillance?  
 
Switzerland's answer:  
The obj ective of Regulation (EU) 2019/1020 is to improve the functioning of the EU internal market 
by strengthening the market surveillance of products covered by EU harmonization  legislation . This 
is to ensure that only compliant products that fulfil requirements providing a high level of protection 
of public interests, such as health and safety in general, health and safety in the workplace, the 
protection of consumers, the protection of the environment and public security and any other public 
interes ts protected by that legislation, are made available on the EU market.  
This Regulation lays down rules and procedures for economic operators regarding products subject 
to certain EU harmonization  legislation and establishes a framework for cooperation with  economic 
operators . This Regulation also provides a framework for controls on products entering the EU 
market . This Regulation is also adding a new economic operator ( "fulfilment service provider ") and 
defining his responsibilities . The 'information socie ty service provider' is now also asked to cooperate 
with market surveillance authorities to stop the placing on the market of non -compliant products . In 
summary, this Regulation provides market surveillance authorities new tools and empowerment to 
carry on  market surveillance on products sold via Internet.   WT/TPR/M/425/Add.1  
 
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28  ICELAND  
Question 1 : 
What is the participation of women in the economy of Switzerland and Liechtenstein?  
 
Switzerland's answer:  
En 2020, 79 % des femmes actives occupées âgées de 15 à 64 ans et ayant des enfants de moins 
de 15 ans travaillaient à temps partiel . Une grande partie d'entre elles a un taux d'occupation 
compris entre 20 et 69 %. Une femme active occupée sur cinq, âgée de 15 à 64 ans et ayant des 
enfants en âge préscolaire ou scolaire, travaille à plein temps . La moitié de celles sans enfant de 
moins de 15 ans exercent une activité professionnelle à plein temps et près d'un tiers ont un taux 
d'occupation inférieur à 70 %. 
 
Question 2 : 
Have specific barriers that limit women's participation in trade been identified?  
 
Switzerland's answer:  
La Suisse ne dispose pas d'études ayant identifié de barrières  spécifiques . Cependant, comme 
souligné dans le cadre des discussions du groupe informel sur le commerce et l'égalité des genres à 
l'OMC, les femmes se heurtent encore à un large éventail d'obstacles qui les empêchent de tirer 
parti de possibilités commerciales, comme de s normes socioculturelles sexistes, des obstacles 
tarifaires et non-tarifaires plus élevés, et un manque d'accès à la technologie ou au financement.  
 
Question 3 : 
Have Switzerland and Liechtenstein implemented any specific measures to encourage women's 
participation in trade and promote women's entrepreneurship, or are such measures being 
developed?  
 
Question 4 : 
Are the effects of trade policy on women and men measured and monitored, and if so, how?  
 
Switzerland's answer to questions 3 and 4:  
Since 1996, Swi tzerland has set up a procurement policy where government contracts are allocated 
only to companies that comply with equal pay requirements . The Federal Office of Gender  
Equality (FOGE) conducts independent controls to verify whether the companies are complying with 
equal pay requirements.  
With regard to the private sector, since July 2020 companies with 100 or more employees are 
required to conduct an equal pay analysis within one year and to have it audited by an independent 
body until 3 0 June 2022. In addition, employees and shareholders must be informed of the results 
of the equal pay analysis . The first equal pay analysis was conducted in 30 June 2021. The audit will 
be performed before 3 0 June 2022. The analysis will be conducted ever y four years.  
In order to help companies, a free tool Logib to evaluate companies' equal pay policies has been 
developed.  
In 2021, the Swiss government adopted a national gender equality strategy (the 2030 gender 
equality strategy) aimed at promoting gende r equality . It focuses on four central themes : promoting 
equality in the workplace, improving work -life balance, preventing violence, and fighting 
discrimination . More specifically, the Federal Council wants to eliminate gender -related pay 
discrimination i n the public and private sectors and achieve a more balanced representation of 
women and men in the workforce.   WT/TPR/M/425/Add.1  
 
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29  URUGUAY  
INFORME DEL GOBIERNO  
 
Question 1:  
De acuerdo a lo expuesto en el Informe del Gobierno en el apartado 1.3.5 sobre MIPYMES, se 
interpreta que el rol que juega el Foro de la Pymes, una comisión de expertos extraparlamentaria 
creada en 1998, tiene iniciativa legislativa y la función principal de monitoreo de la eficiencia del 
marco regulatorio de la Confederación sobre estas empresas. En el entendido que este Foro se ajusta 
a la "Recomendación ministerial sobre a promoción de la inclusión de las MIPYEMS en la elaboración 
de la reglamentación en  la esfera del comercio" ubicada en el Anexo 4 de la "Declaración sobre las 
Microempresas y las pequeñas y medianas empresas" del Grupo de trabajo informal sobre MIPYMES 
de la OMC; resulta de interés conocer los criterios de selección de los miembros del F oro, si perciben 
honorarios adicionales y sus vínculos con el sector privado. Asimismo, mucho se agradece explicar 
el nivel de influencia que este Foro tiene sobre los legisladores y el poder ejecutivo, a la hora de 
implementar políticas y medidas más bene ficiosas para este grupo de empresas.  
 
Switzerland 's answer:  
Le processus de sélection des membres du Forum PME  (http://www.forum -pme.ch/ )se fait sur la 
base des résultats du monitoring de la bureaucratie  
(https://www.seco.admin.ch/seco/fr/home/Publikationen_Dienstleistungen/Publi kationen_und_For
mulare/Standortforderung/studien/Brokratiemonitor -2014.html ), qui fournit périodiquement des 
indications sur les secteurs les plus touchés en Suisse par les charges administratives et les coûts 
de la réglementation. Les secteurs les plus to uchés sont représentés au sein du Forum PME, qui a 
pour tâche de lutter contre la charge administrative qui pèse sur les PME. Les membres de la 
commission, qui doivent être des hommes et femmes entrepreneurs, sont en règle générale 
approchés via les organi sations économiques des branches concernées. Les conditions de nomination 
sont définies aux articles 8b  (https://www.fedlex.admin.ch/eli/cc/1999/170/fr#art_8_b )et suivants 
de l'Ordonnance sur l 'organisation du gouvernement et de l 'administration. Toute commission 
extraparlementaire doit se composer d 'au moins 30% de femmes ou d 'hommes et de représentants 
des principales langues nationales. Les membres du gouvernement et du Parlement  ne peuvent être 
nommés membre d 'une commission extraparlementaire que dans certains cas justifiés. Le Conseil 
fédéral (gouvernement suisse) nomme les membres du Forum PME et détermine leurs fonctions, 
p.ex. celle de co -présidents. Les membres du Forum PME  ont l'obligation de signaler leurs liens 
d'intérêts  (https://www.admin.ch/ch/f/cf/ko/Gremien_interessenbindung_10556.html ), qui sont 
publiés sur Internet. Ils doivent indiquer quelles sont leurs activités professionnelles, les fonctions 
qu'ils occupent au sein d 'organes de direction, de surveillance ou de co nseil dans des sociétés, 
établissements suisses ou étrangers, de droit privé ou de droit public. Les membres sont nommés 
pour quatre ans. Leur mandat peut être renouvelé jusqu 'à un total  
de 12 ans. Les montants des indemnités versées aux membres des commi ssions 
extraparlementaires sont fixés dans une ordonnance (voir annexe 2  
(https://www.fedlex.admin.ch/eli/cc/1999/170/fr#annex_2/lvl_d4e140/lvl_1/lvl_d4 e144) de 
l'OLOGA). Les indemnités des membres du Forum PME se montent à CHF 300 (environ USD 300) 
par séance. Il y a en moyenne six séances par année. Les membres de la commission peuvent 
recevoir des suppléments, conformément à 
l'article 8o (https://www.fedlex.admin.ch/eli/cc/1999/170/fr#art_8_o ) OLOGA, s 'ils doivent p.ex. 
investir plus de temps que d 'ordinaire à l 'étude de dossiers. Les prises de position du Forum PME 
doivent représenter de manière équilibrée les intérêts de toutes les PME suisses. Des arbitrages 
doivent dans cette optique être effectués afin de trouver des compromis entre les différents intérêts.  
Les tâches, la composition et l 'organisation du Forum PME sont définies aux articles 9  
(https://www.fedlex.admin.ch/eli/cc/2007/18/fr#sec_3 ) et suivants de l 'Ordonnance sur la 
coordin ation de la politique de la Confédération en faveur des petites et moyennes entreprises 
(OCPPME). La commission a pour tâches : 1) de formuler, dans le cadre de procédures de 
consultation, des prises de position reflétant l 'optique des PME, 2) d 'analyser l es réglementations 
existantes qui occasionnent une charge administrative importante aux entreprises et, 3) de proposer 
aux unités administratives compétentes des simplifications et des réglementations alternatives. Le 
Forum PME n 'a pas de droit d'initiativ e législative, comme cela est indiqué dans le texte de votre 
question.  
L'article 14 de l 'OCPPME prévoit que le Forum PME doit établir une fois tous les quatre ans un rapport 
d'activité  (https://www.seco.admin.ch/dam/seco/fr/dokumente/Standortfoerderung/KMU -
Politik/KMU -Forum_K MU-Test/KMU -
Forum/taetigkeitsbericht_fuer_die_amtsperiode_2016_2019.pdf.download.pdf/Rapport%20d'activiWT/TPR/M/425/Add.1  
 
- 161 - 
 
ti%C3%A9%20version%20F.pdf ), dans lequel figure une rétrospective (dossiers examinés) avec les 
résultats atteints. L 'analyse détaillée de l 'évolution des projets réglementaires à propos desquels le 
Forum PME a formulé des recommandations montre que le taux de prise en compte des 
recommandations de la commission par le gouvernement et le Parlement a atteint près de 70% en 
moyenne ces dix derniè res années. A noter qu 'en vertu de l 'article 13 
(https://www.fedlex.admin.ch/eli/cc/2007/18/fr#art_13 ) OCPPME, le Forum PME fait parvenir une 
copie de ses prises de position au Parle ment. Ses membres se tiennent à la disposition des 
commissions parlementaires pour leur présenter les résultats de leurs travaux, si cela est souhaité.  
Le Forum PME contribue de manière appréciable, par ses travaux et prises de position, à 
l'amélioration d es conditions -cadre en Suisse, principalement en matière de lutte contre les charges 
administratives. Ses coûts de fonctionnement se montent annuellement à  
environ CHF 200,000 (environ USD 200,000), alors que les allégements administratifs réalisés suite 
à ses interventions (bénéfices pour les PME concernées) se chiffrent à plusieurs dizaines de millions 
de francs suisses par année.  
 
Question 2:  
En el párrafo 1.58 se indica que para Suiza es importante mejorar las condiciones generales que 
favorecen la apertura de los mercados y, por eso, el país eliminará los derechos de aduana aplicados 
a los productos industriales a partir del 1  de enero  de 2024. Se estima que ello beneficiará a los 
consumidores y empresas suizos al reducir precios, costo s y cargas administrativas. ¿Tiene Suiza 
planes de realizar reducciones arancelarias similares también en el caso de los productos 
agropecuarios, teniendo en cuenta que ello también favorecería la apertura de los mercados y 
beneficiaría a los consumidores y empresas suizos? En caso negativo, ¿podría Suiza explicar los 
motivos?  
 
Switzerland 's answer:  
Switzerland 's agricultural policy is oriented towards a long -term strategy and built upon stable, 
foreseeable and coherent conditions for farming which permits mid- and long -term improvements 
of competition parameters such as efficiency and effectiveness of the sector as a whole. The tariff 
system is regularly reviewed. Currently, there are no plans to implement changes to the tariff 
system . 
 
Question 3:  
En el párrafo 1.72 se establece que Suiza subrayará la necesidad de tener debidamente en cuenta 
las preocupaciones de carácter no comercial en las negociaciones agrícolas. ¿Podría Suiza enumerar 
las preocupaciones de carácter no comercial que considera relevante  tener en cuenta en dichas 
negociaciones?. ¿Podría indicar, asimismo, ejemplos de cómo podrían ser tenidas en cuenta dichas 
preocupaciones en eventuales negociaciones de reducción de la ayuda interna y de los aranceles en 
materia agropecuaria?  
 
Switzerland 's answer:  
The importance of non -trade concerns is enshrined in the Swiss Federal Constitution. To give one 
example, as a net -food importing country, food security is an important non -trade concern for 
Switzerland. This is reflected in Article 104a of the Federal Constitution. Other non -trade concerns 
reflected in the Constitution are related to sustainable development such as the protection of the 
environment, rural development and animal welfare. Most importantly, the Constitution supports 
the concept  of multifunctionality of our agricultural sector. In negotiations at the WTO, they 
represent an overarching principle to be respected and define the policy space that has to be 
maintained. The details of their consideration cannot be stated in a general m anner but have to be 
assessed based on specific negotiation proposals.  
 
Question 4:  
En el párrafo 1.84 se indica que EFTA ha concluido sustancialmente las negociaciones de un acuerdo 
con los Estados del MERCOSUR (2019). ¿Cuáles son las perspectivas de Suiz a sobre la eventual 
suscripción y entrada en vigor de dicho acuerdo?  
Switzerland 's answer:  
Switzerland attaches great importance to the agreement and is committed to finalize the remaining 
open questions in order to be able to sign the agreement. The agree ment could then enter into force 
after successfully completing the internal approval processes.  
 WT/TPR/M/425/Add.1  
 
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INFORME DE LA SECRETARÍA  
 
Question 5:  
En el párrafo 3.33 se indica que, pese a que Suiza y Liechtenstein han consolidado los demás 
derechos o cargas correspondientes a las líneas arancelarias comprendidas en su Lista de 
compromisos a tipos nulos, dos organizaciones de mantenimiento obligatorio  de existencias del 
sector privado que satisfacen las prescripciones del Gobierno suizo en esta materia (a saber, 
CARBURA y Réservesuisse) aplican gravámenes únicamente a las importaciones para financiar los 
costos de almacenamiento y los riesgos asociados  a través de sus denominados "fondos de garantía". 
Asimismo, en el párrafo 3.34 se establece que, dado que los demás derechos y cargas se han 
consolidado a un tipo nulo y los aranceles aplicados suelen ser iguales a los tipos consolidados, es 
posible que l a suma de los aranceles y de las contribuciones al fondo de garantía exceda de los 
compromisos consolidados de Suiza en varias líneas arancelarias. ¿Podría Suiza explicar los párrafos 
anteriores a la luz de sus compromisos bajos los artículos II y III del GATT de 1994?  
 
Switzerland 's answer:  
To ensure national supply in times of shortages, Switzerland has a system of compulsory stocks of 
essential goods. These stocks are under the responsibility of the private sector. So -called "guarantee 
funds " administered by private organizations have been put in place by some economic sectors to 
cover storage costs and to compensate for fluctuations in the price of the goods stored. In this case, 
companies which do not themselves hold compulsory reserves pay guarantee fund contributions to 
the organization in order to finance the compulsory stocks. For some products, these organizations 
levy guarantee fund contributions only on imports.  
Switzerland remains aware that guarantee fund contributions in conjunction with applied customs 
duties exceed the bound ra tes for certain tariff lines. In 2019, Switzerland launched a project to 
modify the compulsory reserve regime for rice and coffee. This project has not been finalized . 
Reflections on National Economic Supply are on -going and a revision of the legal basis i s in 
preparation, following the COVID -19 crisis and a planned reorganization of the Federal Office for 
National Economic Supply.  
 
Question 6:  
En el párrafo 4.37 del Informe de la Secretaría sobre pagos directos en las medidas globales de 
ayuda para product os agropecuarios, se afirma que según la OCDE el 50% de las ayudas a los 
agricultores entran dentro de esta categoría. Estos pagos ascienden hasta CHF  71.000 por unidad 
productiva, lo que significa el 21% de los ingresos de los agricultores suizos. Si bien  los niveles de 
ayudas están dentro de los compromisos asumidos, el artículo 20 del Acuerdo sobre Agricultura 
establece un compromiso de reducción de estas herramientas en base a la "experiencia adquirida" 
y los "efectos…en el comercio mundial". Es por ell o que se solicita conocer los resultados de los 
análisis nacionales de implementación, monitoreo y efectividad de los pagos directos en función a 
los objetivos propuestos y el eventual efecto distorsivo que pueda generar en el comercio nacional 
e internaci onal. 
 
Switzerland 's answer:  
Les paiements directs sont adaptés en permanence sur la base des expériences et des évaluations. 
Avec le train d'ordonnances récemment adopté par le Conseil fédéral pour la mise en œuvre d 'une 
première partie de l'initiative parlementaire "Réduire le risque de l 'utilisation de pesticides ", les 
paiements directs sont davantage axés sur la prévention des effets négatifs sur l'environnement. La 
part des paiements directs dans le revenu total de  l'exploitation agricole n'a cessé de diminuer ces 
dernières années, car les recettes du marché par exploitation ont augmenté plus fortement que les 
paiements directs. Comme les paiements directs encouragent principalement la fourniture d'une 
prestation d' intérêt général, l'impact sur le commerce n'est pas au centre des évaluations.  
 
Question 7:  
El apartado 4.1.3.3 Leche hace referencia a las medidas de ayuda interna aplicables a la leche y los 
productos lácteos, incluyendo medidas como el suplemento para la leche comercializada y el 
suplemento para la leche transformada en queso. El párrafo 4.54 afirma que "las exportaciones de 
queso también se benefician de ayudas indirectas mediante la subvención por la transformación de 
leche en queso, aunque esta no está supeditada a las exportaciones". Según el  
documento "Participación de los Miembros en el Crecimiento Normal del Comercio Mundial de 
Productos Agropecuarios" (G/AG/W/32/Rev.20), Suiza continuó siendo el 7° exportador mundial de 
quesos en 2020, con un 2 .3% en la participación de las exportaciones globales del producto. De 
acuerdo con la última n otificación DS.1 de Suiza (G/AG/N/CHE/114), la ayuda de caja ámbar WT/TPR/M/425/Add.1  
 
- 163 - 
 
brindada a la producción de leche y productos lácteos en 2020 equivalió al 16 .66% del valor de la 
producción de dichos bienes. El 52% de la ayuda brindada específicamente a estos productos 
correspondió a la subvención por la transformación de leche en queso. ¿Qué valoración realiza Suiza 
de la incidencia (o "ayuda indirecta", en los términos del informe de la Secretaría) de la ayuda de 
caja ámbar brindada a la producción de leche y productos  lácteos, y en particular del suplemento 
para la leche transformada en queso, en sus exportaciones de quesos?  
 
Switzerland 's answer:  
La Confédération verse un supplément de 5  centimes par kilogramme de lait commercialisé pour 
l'ensemble du lait commercialisé. Pour le lait transformé en fromage, un supplément de 10  centimes 
par kilogramme est également versé. Si le lait est produit sans ensilage et transformé en fromage 
au lait cru, un supplément pour non -ensilage de 3  centimes par kilo vient s'y ajouter. Aucun de ces 
suppléments n'est lié à une prestation d'exportation.   WT/TPR/M/425/Add.1  
 
- 164 - 
 
30  VIET NAM  
Question 1:  
Developing E -commerce and digital economy is one of Viet Nam 's goals that the Vietnamese 
government wants to prioritize to promote. How will the strategies an d policies of Switzerland and 
Liechtenstein to promote trade between the two sides on e -commerce platforms in the near future 
be implemented?  
 
Switzerland 's answer:  
Switzerland is an open economy. As set forth in its new foreign economic policy strategy, S witzerland 
also strives for openness in the area of e -commerce. This is achieved, among other things, by means 
of suitable framework conditions, such as for cross -border trade.  
 
Question 2:  
How are Vietnamese small and medium sized enterprises will be benefited from the support and 
investment policies of Switzerland and Liechtenstein to develop conditions such as infrastructure, 
establish an environment and institutions in accordance with international regulations, and improve 
the capacity and understan ding of enterprises?  
 
Switzerland 's answer:  
Viet Nam has been a partner of the Swiss Economic Cooperation and Development for over 30 years 
and remains a priority country. The current Viet Nam Cooperation Programme 2021 -2024 aims to 
support a more market -oriented, sustainable growth. The cooperation focusses on the improvement 
of the framework conditions, the strengthening of the competitiveness of local businesses, and the 
enhancement of urban  resilience against climate risks.  
The current Viet Nam Cooperation Programme promotes the e -commerce and digitalization in many 
ways. It supports the creation of e -commerce platforms and supports Business Support 
Organizations (BSOs) and SMEs in the use o f e-commerce platforms. It also promotes the use of 
new digital technologies to trace products and improve transparency of production standards. 
Besides trade, the use of digital data is also an important element in our support in public finance 
management , the financial sector and urban planning.  
For SMEs, the Vietnam Cooperation Programme offers assistance to improve productivity, quality of 
products and sustainability, with the aim of facilitating their exports and/or enhancing their potential 
role as su ppliers within regional or global supply chains. In addition, it supports the expansion of 
supply chain finance instruments and mechanisms to facilitate access of SMEs to finance. As part of 
this cooperation, Vietnam also benefits from expertise provided b y the International Trade  
Centre (ITC) for the preparation and implementation of the National Export  
Strategy 2021 -2030.   WT/TPR/M/425/Add.1  
 
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31  ECUADOR  
PREGUNTAS DEL ECUADOR SOBRE LA BASE DEL INFORME DE LA SECRETARÍA 
(WT/TPR/S/425)  
 
De conformidad con la página 40, párrafo 2. 5, con relación al impacto de las 
reglamentaciones y las etapas del proceso:  
 
Question 1:  
¿Podría indicarnos Suiza si ese impacto abarca a las reglamentaciones técnicas?  
 
Switzerland 's answer:  
Yes. The RIA requirements described in paragraph 2.5 apply to all federal laws and regulations. 
Technical regulations are usually implemented into national law through federal laws or  
ordonnances (secondary legislations), which fall within the scope of th e RIA requirements.  
 
Question 2:  
En lo que se refiere al numeral iv) de la lista recapitulativa de cuestiones (consecuencias para el 
conjunto de la economía), ¿se analiza el impacto para las mercancías importadas?  
 
Switzerland 's answer:  
Yes. An important component of the required analyses on the economic effects of new regulations 
is the impact on competition and on international trade. This explicitly includes analysis of possible 
trade barriers for foreign competitors (e.g. through technical re gulations) and thus also incorporates 
the impact of regulations on imported goods.  
 
Question 3:  
Si la respuesta al literal 2) es negativa, ¿cómo se considera el criterio de los operadores económicos 
externos para la evaluación de impacto de una reglamentac ión técnica?  
 
Switzerland 's answer:  
n/a 
 
De conformidad con la página 53, párrafo 2.36, con relación a:  
 
"La relación de Suiza con la Unión Europea sigue rigiéndose por más de 100 acuerdos bilaterales. 
Los principales acuerdos figuran en el cuadro 2.6. Muchos de estos acuerdos requieren 
actualizaciones periódicas, especialmente los que se basan en la armonización o equivalencia de los 
reglamentos pertinentes de Suiza y la Unión Europea".  
 
Por otro lado, en la página 107, párrafo 3.135, se establece que:  
 
"La armonización en materia sanitaria y fitosanitaria reviste suma importancia puesto que  
el 60% de todas las exportaciones suizas de productos agropecuarios se destina a la Unión Europea, 
mientras que el 77% de todas las importaciones suizas de producto s agropecuarios procede de la 
Unión Europea."  
 
Al respecto, podría indicarnos Suiza:  
 
Question 4:  
¿Existe una hoja de ruta sobre las reglamentaciones técnicas o fitosanitarias que se armonizan con 
la Unión Europea?  
 
Switzerland 's answer:  
Switzerland generally harmonizes technical regulations with those of its main trading partner, i.e. in 
principle the EU. This principle is enshrined in Article 4 of the Law on technical barriers to trade. 
Switzerland has equivalent legislation with the EU in the areas covered by the agriculture agreement, 
including in the areas of sanitary and phytosanitary measures.  
 
Question 5:  
¿Suiza ha considerado establecer alguna armonización en el ámbito del Pacto Verde Europeo?  
 WT/TPR/M/425/Add.1  
 
- 166 - 
 
Switzerland 's answer:  
The EU Green De al is a package composed of several regulations. Some of the regulations may be 
covered by existing bilateral agreements, such as the Mutual Recognition Agreement. These would 
then be included in Swiss legislation when they will enter into application in t he EU.  
 
Question 6:  
Si la respuesta al literal 5) es positiva, ¿a qué ámbitos se dirigiría esa posible armonización?  
 
Switzerland 's answer:  
De conformidad con la página 67, párrafo 3.21, con relación al arancel de aduanas de 
Suiza y Liechtenstein que comprende exclusivamente tipos específicos:  
 
Question 7:  
¿Podría Suiza indicarnos si considera que la aplicación de un derecho específico permite mantener 
los compromisos previstos en su Lista de Concesiones Anexa a la OMC? Lo anterior, f rente a una 
posible reducción de la paridad de su moneda respecto al nivel establecido a su ingreso al GATT/OMC.  
 
Switzerland 's answer:  
Switzerland's tariff bindings are contained in its List of tariff concessions (LIX). The bindings are not 
adjusted according to exchange rates.  
 
Question 8:  
¿Cómo se maneja el valor de las concesiones frente a la variación de los tipos de cambio y precios 
internacionales, al tener aranceles específicos para las importaciones de bienes originarios de países 
con los que mantiene acuerdos comerciales?  
 
Switzerland 's answer:  
Preferential tariff concessions are applied on the basis of two ordinances (Ordonnance sur le  
libre-échange 1, fedlex 632.421.0; Ordonnance sur le libre -échange 2, fedlex 632.319). These tariff 
concessions are also specific and, as is the case with Switzerland's tariff bindings contained in its 
List of tariff concessions (LIX), are not adjusted according to exchange rates.  
 
De conformidad con la página 73, párrafo 3.35, con relación a las medidas unilaterales de 
suspensiones arancelarias de las que todos los importadores, con independencia de su 
origen, pueden beneficiarse:  
 
Question 9:  
Sin perjuicio del derecho de los Miembros de manejar su propia política arancelaria, ¿podría Suiza 
informarnos si en el marco de esas suspensiones se otorga alguna prioridad a los productos 
originarios de países con los que mantienen Acuerdos Comerciales?  
Switzerland 's answer:  
Switzerland will remove its industrial tariffs on an MFN basis, i.e. Switzerl and's MFN applied duties 
will be set to zero for all imports from third countries.  
 
Question 10:  
¿Existe algún mecanismo que permita evitar la erosión de las concesiones arancelarias otorgadas 
por Suiza a sus socios comerciales, que podría producirse a través de estas suspensiones?  
 
Switzerland 's answer:  
Switzerland does not foresee any change to its FTAs following the unilateral removal of its import 
duties on industrial products. Switzerland's obligations under FTAs for duty -free treatment of 
industrial goods will remain relevant to ensure legal certainty for users of these agreements.  
 
De conformidad con la página 105, párrafo 3.126, con relación a:  
 
"De conformidad con la Orden sobre la Declaración de Productos Agropecuarios Procedentes de 
Métodos de Producción no Autorizados en Suiza, de l 26 de noviembre  de 2003 (RS 916.51), 
modificada en 2020, las importaciones de alimentos producidos de manera prohibida en Suiza deben 
etiquetarse como tales. " 
 
Al respecto, pod ría indicarnos Suiza:  WT/TPR/M/425/Add.1  
 
- 167 - 
 
Question 11:  
¿Cómo esta medida cumple con el principio de no discriminación del Trato Nacional, al ser una 
prescripción que podría afectar la venta, compra y uso de los productos importados con relación a 
productos similares de produc ción nacional?  
 
Switzerland 's answer:  
The declaration requirements apply to products produced with methods of production, which are 
prohibited in Switzerland by law. Consequently, the measure does not constitute a violation of the 
principle of national treatment or other principles of WTO law.  
 
Question 12:  
¿Se ha evaluado usar otra medida que cumpla con el objetivo de la citada Orden, sin afectar la venta 
y comercialización de los productos importados por la percepción que podrían tener los con sumidores 
frente a esa etiqueta?  
 
Switzerland 's answer:  
Switzerland has on several occasions evaluated import bans for products that have been produced 
using production methods that are banned in Switzerland. For example, meat and meat products 
produced with hormonal growth promoters or with non -hormonal growth promoters such as 
antibiotics. So far, a mandatory declaration has demonstrated to be the most suitable and the least 
trade-distorting option in each case, while still allowing the consume r to receive the information.  
 
De conformidad con la página 113, párrafo 3.154, sobre:  
 
"El etanol y las bebidas espirituosas nacionales son producidas por entidades privadas (agricultores, 
productores industriales y pequeños productores) a las que, por motivos de control, la Confederación 
otorga una concesión. " 
Por otra parte, según el documento G/STR/N/18/CHE/Rev.1, parecería que esta concesión permite 
a dichas entidades comercializar sus productos directamente, una vez abonados los impuestos 
corres pondientes, sin autorización previa de la Junta. Para las importaciones, sí sería necesaria esta 
autorización.  
Al respecto, podría Suiza indicarnos:  
 
Question 13:  
¿Cómo esa medida ayudaría al control y cómo se ajusta al principio de no discriminación si 
consideramos que se trata de una prescripción a favor de la producción nacional frente a bienes 
importados similares que requieren la autorización de la Junta?  
 
Switzerland 's answer:  
La législation sur l'alcool vise principalement à protéger la santé publique. La Confédération remplit 
son mandat de politique sanitaire notamment en grevant les boissons distillées (éthanol et boissons 
spiritueuses) d'une charge fiscale afin de réduire la demande en la matière (voir art icle 131, al. 1, 
let. b, Cst.). Simu ltanément, la détention du monopole de l'alcool à l'intérieur du pays lui permet de 
réguler la production indigène. Depuis 2019, la Confédération a abandonné son monopole sur les 
importations. Autrement dit, l'importation en Suisse de boissons distillées n 'est plus soumise à 
aucune restriction. Seule la charge fiscale doit être acquittée au moment de l'importation.  
En résumé, un producteur étranger d'éthanol ou de boissons spiritueuses peut alimenter le marché 
indigène sans que lui -même ou l'importateur ne disposent d'une concession. Ce qui n'est pas le cas 
pour un producteur indigène qui doit lui obtenir préalablement une concession de la Confédération 
avant de pouvoir produire des boissons distillées.  
 
De conformidad con la página 136, párrafos 4.20 y 4.21 , con relación al tipo arancelario 
compuesto de un elemento fijo y otro variable para determinados productos 
agropecuarios:  
 
Question 14:  
¿Podría informarnos Suiza si la fórmula contempla algún elemento que preserve la consolidación 
arancelaria de esos productos según su Lista de Concesiones Arancelarias?  
 
Question 15:  
¿Cómo se realiza el cálculo del equivalente arancelario entre el componente fijo y el variable para 
verificar que se cumpla con el compromiso de consolidación arancelaria?  WT/TPR/M/425/Add.1  
 
- 168 - 
 
 
Question 16:  
¿Cómo esta forma de cálculo del tipo arancelario aplicado a nivel de línea arancelaria, que podría 
resultar en un arancel variable, se ajusta al compromiso de no aplicar restricciones cuantitativas en 
el caso de bienes agrícolas?  
 
Switzerland 's answer:  
These customs duties are composed of two elements: an industrial element and an agricultural 
element. Both elements are defined in Swiss francs per 100 kg gross. The customs duties levied on 
these processed agricultural products is the sum of the i ndustrial and the agricultural elements. In 
case this sum exceeds the bound rate for a given tariff line, the bound rate applies. These customs 
duties cannot be regarded as quantitative restrictions. The adjustment of the agricultural element 
based on diff erences between Swiss and world market prices for relevant raw materials takes place 
periodically. Within these periods, customs duties are constant and no quantitative restrictions are 
applied. The customs duties are available online: www.tares.ch .  WT/TPR/M/425/Add.1  
 
- 169 - 
 
32  KAZAKHSTAN  
Paragraph 1.31 of the Secretariat Report  
 
Question 1:  
Please explain how Switzerland's policy strategy is different/similar to the EU Green Deal policy?  
 
Switzerland 's answer:  
Switzerland does not deem it appropriate to provide an analysis of the differences and similarities 
between its own policy and the policy of another WTO Member that is not under review.  
 
For further information on Switzerland 's long -term climate strategy, please visit the following 
webpage: https://www.admin.ch/gov/en/start/documentation/media -releases.msg -id-82140.html . 
 
Paragraph 3.50 of the Secretariat Report  
 
Question 2:  
Please explain based on what legal framework and institutional mechanisms Switzerland and 
Liechtenstein defend the interests of their domestic industry against unfair trade practices or surge 
of imports that cause or threaten to cause injury to the domestic indus try? How do Switzerland and 
Liechtenstein defend the interest of their local producers when trade remedy cases take place against 
them?  
 
Switzerland 's answer:  
First part:  At the outset, it should be noted that Switzerland is not exposed to the concerns exp ressed 
in the question. A possible explanation is that Switzerland specializes in the production of high  
value -added products, such that it does not have to face intense international competition. Should 
such problems arise, Switzerland will privilege a diplomatic solution through increased dialogue, 
bilaterally or in international fora. Switzerland tradition ally refrains from applying trade defense  
instruments (anti -dumping, safeguards, CVDs). However, Switzerland maintains the right to use 
such instruments if necessary and in accordance with WTO rules.  
 
Second part:  As soon as Switzerland and Liechtenstein a re informed that a trade -remedy procedure 
that could affect their domestic industry has been initiated by a WTO Member, they first make sure 
that the industry receives the relevant information so that it can defend its interests in the 
investigation. Switz erland [and Liechtenstein] also make interventions, as appropriate, in the 
procedures concerned, via bilateral exchanges with the Member concerned or in relevant 
international fora, requesting that international obligations be respected, that possible trad e-remedy 
measures that would be applied be least trade -restrictive and, if applicable, requesting that imports 
from Switzerland and Liechtenstein be exempted from the measures.  
 
Paragraph 1.53 of Switzerland's and Liechtenstein's Report  
 
Question 3:  
Please  provide more information on the foreign branches of Switzerland Global Enterprise, including 
the countries where they operate and the scope of the services rendered?  
 
Switzerland 's answer:  
All relevant information is available on Switzerland Global Enterprise website: S-GE is your first point 
of contact for internationalization| S -GE.  WT/TPR/M/425/Add.1  
 
- 170 - 
 
33  MOLDOVA  
Secretariat Report (WT/TPR/G/425 - Switzerland/Liechtenstei n) 
 
3.3.5 State trading, state -owned enterprises, and privatization  
 
3.154. Alcosuisse, the former profit Centre of the Swiss Alcohol Board and sole importer of ethanol 
products, was sold to a private Swiss company in 2018. This follows the partial revision of the Alcohol 
Law in 2016 and of the Ordinance on Alcohol and the Alcohol Law in 2017.  
The Swiss Alcohol Board was integrated into the FCA (now the FOCBS). Alcosuisse's monopoly on 
the importation of ethanol was ended with the liberalization of t he ethanol market in 2019.  
Switzerland notified the WTO Working Party on State Trading Enterprises in December 2020 that 
the private sector is allowed to import ethanol and spirits without restriction and without any permit.  
The taxes, fixed by the Federa l Council, have to be paid on imported goods as well as on domestic 
production. Domestically produced ethanol and spirits are produced by private -sector actors that, 
for control reasons, have been granted a concession by the Confederation (farmers, and ind ustrial 
and professional producers).  
 
Question 1:  
Question by RM: Please indicate the main concessions offered by the Confederation to the 
domestically produced ethanol and spirits produced by private -sector actors from Switzerland. Are 
international producers/importers eligible for these concessions?  
What are the tax incentives/reductions offered by the Swiss Government to the local alcohol 
producers, particularly the producers of wine? If any, are the imported products subject to these tax 
reductions?  
 
Switzerland 's answer:  
La législation sur l'alcool vise principalement à protéger la santé publique. La Confédération remplit 
son mandat de politique sanitaire (art icle 131, al. 1, let. b, Cst.) notamment en grevant les boissons 
distillées (éthanol et boissons spiritueuses) d'une charge fiscale et en régulant la production indigène  
via le monopole de l'alcool qu'elle détient à l'intérieur du pays.  
La Confédération attrib ue trois types principaux de concessions: premièrement, les concessions pour 
les distillateurs professionnels produisant des boissons distillées pour leur propre compte; 
deuxièmement, les concessions pour les distilleries à façon distillant les matières pr emières de tiers, 
essentiellement des petits producteurs; et troisièmement , les concessions pour les distillateurs 
agricoles, transformant les matières premières de leur exploitation agricole en boissons spiritueuses.  
Depuis 2019, la Confédération a aband onné son monopole sur les importations. Autrement dit, 
l'importation en Suisse de boissons distillées n'est plus soumise à aucune restriction. Seule la charge 
fiscale doit être acquittée au moment de l'importation. En conséquence, une concession n'est 
d'aucune utilité pour un producteur/importateur produisant des boissons distillées à l'étranger.  
S'agissant de la charge fiscale grevant les boissons spiritueuses, elle est identique pour les boissons 
spiritueuses indigènes et celles importées. Seuls les petit s producteurs indigènes (production 
annuelle inférieure à 200 litres d'alcool pur) bénéficient d'une réduction de l'imposition de 30% sur 
les 30 premiers litres d'alcool pur produits à partir de matières premières provenant exclusivement 
de la récolte indi gène du producteur ou qui ont été récoltées par ses soins à l'état sauvage dans le 
pays. Notez que la réduction de l'imposition accordée aux petits producteurs ne représente  
que 0.44% des quantités d'alcool pur mises sur le marché en Suisse en 2021. Les p roducteurs de 
vin ne bénéficient  pas d'avantages particuliers.   WT/TPR/M/425/Add.1  
 
- 171 - 
 
34  INDIA  
1.9 WT/TPR/G/425 Page 3  
 
Switzerland attaches high importance to reducing gaps in the level of development between nations, 
to promoting the further integration of developing countries into the global economy, and to the 
need to make economic development more sustainable.  
 
Question 1:  
Can Switzerland substantiate steps/policies taken to integrate the developing countries into the 
global economy and outcomes thereof?  
 
Switzerlan d's answer:  
Voir section 1.4.5 du rapport du gouvernement (WT/TPR/G/425) . 
 
1.15 WT/TPR/G/425 Page 4  
 
Since 2020, the international economic environment has been characterized by a severe global 
economic crisis, triggered by the emergence of the COVID -19 pa ndemic in early 2020, which has hit 
world trade and the economies of Switzerland's main trading partners hard. To combat the spread 
of the virus, governments shut down entire sectors of the economy, leading to a collapse in demand 
and trade. At the same ti me, different governments introduced massive public aid programmes to 
support the affected sectors and the economy as a whole. Subsequently, further waves of the 
coronavirus occurred, triggering similar responses, particularly in Europe, although on a smal ler 
scale than in the spring of 2020.Switzerland has successfully completed the process of revising 
national law on Government procurement . 
 
Question 2 : 
Explain the impact of COVID -19 pandemic in Switzerland in terms of loss of life, disruption in the 
domestic economy, as well as exports.  
 
Switzerland 's answer:  
Voir section 1.2.1 du rapport du secrétariat (WT/TPR/S/425) . 
 
1.36 WT/TPR/G/425 Page 10  
 
In addition, the Swiss economy will face various challenges in the coming years. Due to changing 
demograph ics, the proportion of persons reaching retirement age is expected to rise from around 
19% in 2022 to around 25% in 2045, which will be accompanied by a decrease in the share of the 
working population in the total population. Demographic changes will also lead to additional 
expenditure on health care and retirement provision, which will increase the pressure on ensuring 
sound public finances. Two other major challenges are the outstanding questions over future 
economic integration into the EU internal marke t and the implementation of a cost -effective climate 
policy . 
 
Question 3 : 
How does Switzerland propose to handle this demographic transition especially with respect to 
employment opportunities for expatriates from developing countries ? Does it propose to amend its 
extant immigration policy in this regard and if so, share the details thereof.  
 
Switzerland 's answer:  
Toutes  les informations  pertinentes  dans le rapport  sur la migration  2021:  https://migration.swiss/
fr/rapport -sur-la-migration -2021. 
 
1.54 WT/TPR/G/425 Page  12 
 
In 2016, Switzerland Innovation, a network of independent regional sites for research and 
innovation, bringing industry and academia together, was inaugurated. It is represented by two hubs 
centred on the two Federal Institutes of Technology in Zurich and Lausanne  and four additional 
network locations. The network forms an ecosystem that enables innovative universities and 
businesses to collaborate and use their research results to develop new marketable products and 
services. Switzerland Innovation is now an important component of the Swiss innovation promotion WT/TPR/M/425/Add.1  
 
- 172 - 
 
portfolio: it supplements federal instruments such as Innosuisse, the Swiss innovation agency, as 
well as regional and cantonal initiatives. Since its launch, the network has attracted around 240 
companies, including 50 from abroad. Eight hundred new jobs have been created.  
 
Question 4 : 
Explain the measures initiated for bringing together industry and academia to promote innovation. 
What has been Switzerland 's experience with this project?  
 
Switzerlan d's answer:  
Voir le site de Switzerland Innovation : https://www.switzerland -innovation.com/ , et les 
paragraphes 3.101 et 3.102 du rapport du secrétariat (WT/TPR/S/425).  
 
1.59 WT/TPR/G/425 Page 13  
 
On 1 January  2018, Switzerland embarked on the DaziT programme: a large -scale programme to 
transform its customs procedures. In order to facilitate trade and ease the burden on the economy, 
the DaziT programme provides for the systematic simplification and full digitalisation of all customs 
procedures by the end of 2026. New applications simplify, inter alia, the customs clearance of goods 
in tourist traffic and enable mobile payment of the flat -rate fee for heavy goods traffic. The successful 
implementation  of DaziT requires close collaboration with national and international partners. 
Discussions with neighbouring countries' customs administrations and European authorities are 
under way to simplify and speed up border crossings.  
 
Question 5 : 
Can Switzerland provide information on the implementation status of the DaziT programme  
till 2022? Does this include a single window mechanism for Customs clearances? What is the current 
implementation status of Trade Facilitation Agreement? Can Switzerla nd share the best practices 
which helped it to achieve that level?  
 
Switzerland 's answer:  
Toutes les informations nécessaires se trouvent sur le site du programme DaziT : 
https://www.efd.admin.ch/efd/fr/home/douanes/dazit.html#:~:text=Le%20programme%20DaziT
%20vi se%20%C3%A0,et%20des%20processus%20de%20contr%C3%B4le . 
 
1.65 WT/TPR/G/425 Page 14  
 
WTO reform should enhance the Organization's three functions. First, as regards the negotiating 
function, the WTO must demonstrate its ability to conclude multilateral agree ments that respond to 
current challenges, such as the digitalisation of the economy and environmental sustainability. The 
continuation of the moratorium on customs duties on electronic transmissions and reaching a 
tangible agreement on fisheries subsidies are outcomes that will contribute to the WTO's credibility. 
The matters of special and differential treatment and a level field of competition must be included 
in the reform.  
 
Question 6 : 
How does Switzerland perceive Special & Differential Treatment under  various WTO Agreements and 
its effectiveness?  
 
Switzerland 's answer:  
The issue of special and differential treatment (S&DT) is one of the key elements of the WTO. From 
Switzerland 's perspective, it appears that any homogenous and wide -ranging derogation a pplicable 
to all developing Members would be detrimental to making progress in current and future 
negotiations with a view to strengthening the multilateral trading system and improving the three 
functions of the WTO. There are many ways and approaches to differentiate levels of engagement 
in a pragmatic way. It should be possible to find pragmatic solutions taking into account the 
particular circumstances of each negotiation and of each Member. Except in the special case of LDCs, 
it is not the categorizati on that matters, but rather the binding commitments that each Member is 
able to make in the various areas that are - or will be - negotiated.  
 WT/TPR/M/425/Add.1  
 
- 173 - 
 
1.72 WT/TPR/G/425 Page 14  
 
With respect to agriculture, Switzerland will pursue its constructive engagement in ne gotiations, 
underlining the need to adequately take into account non -trade concerns. During the period under 
review, Switzerland has demonstrated its commitment by eliminating export subsidies on 
agricultural products, in accordance with the decision adopt ed at the Tenth Ministerial  
Conference (MC10) in Nairobi, which required the national legislation to be amended.  
 
Question  7: 
Can Switzerland provide information on export subsidies on agricultural products which have been 
eliminated under the previous review period and the details of roadmap in this regard for future?  
 
Switzerland 's answer:  
Switzerland has eliminated all remaining export subsidies as of January  2019.  
 
1.73 WT/TPR/G/425 Page 14  
 
Switzerland has successfully completed the process of revising national law on Government 
procurement to harmonize federal and cantonal legislation and to transpose the requirements of the 
revised WTO plurilateral Agreement on Government Procurement (GPA).  In force  
since 1  January  2021, the revised federal legislation on Government procurement and the revised 
GPA provides a modernized regulatory framework that improves legal certainty and simplifies the 
application of the law, while offering new opportunit ies to SMEs.  
 
Question 8 : 
What is the composition of vendor 's origin in terms of tenders awarded under the Government 
procurement:  
 
i. Awarded to suppliers based in Switzerland ; 
ii. Awarded to suppliers based in EU ; 
iii. Awarded to suppliers based outside EU and Switz erland . 
 
Switzerland 's answer:  
Relevant information regarding government procurement statistics notified by Switzerland under the 
WTO GPA are available on the WTO website 
https://www.wto.org/english/tratop_e/gproc_e/notnat_e.htm#statPro . Switzerland 's notification 
under the GPA 1994 provides data of GPA covered procurement awarded at federa l and cantonal 
level according to the place of origin of the supplier (Switzerland, EU, USA and other countries).  
 
2.36 WT/TPR/G/425 Page 25  
 
The Government of Liechtenstein provides neither traditional export subsidies or guarantees, nor 
subsidies to comp anies, with the exception of the agricultural sector, which mainly consists of  
family -owned micro -businesses. The main features of the playing field set by the Government's 
economic policy are free trade agreements, stability, durability and reliability o f the policy measures, 
maintaining a high -quality educational system, a business -friendly tax regime, low administrative 
burden and a lean and customer -oriented public administration. In order to further facilitate the 
interaction with the public administr ation, the Government is currently advancing the digitalisation 
of most public services, for example including identification and payment services. For that purpose, 
a "Digitalisation Roadmap for the Liechtenstein Public Administration" was developed in 20 20. The 
Roadmap, which includes more than 100 digitalisation projects across 29 public offices, is to be 
implemented in the coming years. In its e -Government Act, the government has stipulated that  
from 2023 onwards, all communication between companies an d public authorities must be 
conducted.  
 
Question 9 : 
Can Liechtenstein provide information on subsidies provided to the agricultural sector from previous 
review period?  
 WT/TPR/M/425/Add.1  
 
- 174 - 
 
Summary para graph  2WT/TPR/S/425 Page 9  
 
Switzerland has recorded fiscal surpluses in m ost years since 2016. The application of a debt brake 
rule has meant that government spending and liabilities remain far below the average OECD level. 
The impact of the COVID -19 pandemic resulted in a change from a fiscal surplus of 1.3% in 2019 to 
a fisca l deficit of 2.8% in 2020. In recent years, the Swiss National Bank pursued a very 
accommodative monetary policy, mainly through a negative interest rate and, where necessary, 
foreign exchange market interventions. It played an important role in crisis man agement in the 
context of the COVID -19 pandemic, for example, by intervening more strongly in foreign exchange 
markets to counter the upward pressure on the Swiss franc. Issues that have been raised regarding 
Swiss monetary policy include the increasing di fficulty of achieving the price stability objective and 
the need to address certain structural factors that account for the persistent appreciation pressures.  
 
Question 10 : 
Can Switzerland list out the structural factors that account for persistent appreciation pressures? 
Would it not lead to distortion in patterns of trade?  
 
Switzerland 's answer:  
The main reason for the appreciation pressure on the Swiss Franc is its reputation as a "safe haven " 
in times of high uncertainty (for instance geopolitical risks, pandemic risks).  
This reputation is probably the result of investors'  confidence in the Swiss financial sectors as well 
as Swiss general social, political and institutional stability.  
Another factor driving the appreciation pressure in the last years are the reduced interest rate 
differentials caused by the expansionary measures taken by major foreign central banks (under the 
condition of historical low level of interest rates). Further, inflation differentials with respect to the 
major trading partners have widened, which also requires an appreciation (according to the 
purchasing power theorem).  
 
Summary Para graph 4 WT/TPR/S/425 Page 9  
 
Switzerland's current account remained in surplus but overall declined steadily  
between 2016 and 2019  and registered a very sharp decline in 2020. The long -term evolution of the 
structure of Swiss merchandise exports reveals a growing specialization in certain product sectors 
that are relatively unaffected by exchange rate movements. Chemical and pharmace utical products 
now account for more than half of Swiss merchandise exports. While the trade goods balance 
reached a record surplus in 2020, the services trade balance continued its long -term decline. Europe 
continues to account for more than 70% of Swiss merchandise imports and more than 50% of its 
merchandise exports, although in the long term its share in Swiss merchandise imports and exports 
has declined somewhat. In the case of Liechtenstein, 78% of merchandise imports (excluding trade 
with Switzerland ) originate in Europe and 61% of merchandise exports (excluding trade with 
Switzerland) are destined for Europe. Switzerland ranks among the world's top 10 economies in 
terms of inward and outward foreign direct investment (FDI) stock, with an inward FDI s tock that is 
heavily concentrated in services. FDI inflows to Switzerland have fallen since 2015 and were negative 
in 2018 -2020. The recent negative FDI inflows reflect the conduit nature of Switzerland's annual FDI 
inflows, as FDI in Switzerland is made m ainly through intermediate companies in European holding 
companies.  
Question 11 : 
Can Switzerland give an account of such products and sectors where "growing specialization in 
certain product sectors that are relatively unaffected by exchange rate movements "? 
 
Switzerland 's answer:  
Nous proposons d 'adresser cette question directement au Secrétariat de l 'OMC qui est l 'auteur du 
rapport WT/TPR/S/425 . 
 
Summary Para graph  14 WT/TPR/S/425 Page  10 
 
No export taxes or duties are levied. Switzerland Global Enterprise, a private non -profit association 
mandated by the State Secretariat for Economic Affairs, continues to help SMEs in Switzerland and 
Liechtenstein to export their products and services; ove r the review period, it formed new 
partnerships and expanded its services. Swiss Export Risk Insurance (SERV) continues - to provide 
export finance and insurance services to companies registered in Switzerland where there is a gap WT/TPR/M/425/Add.1  
 
- 175 - 
 
in private -sector provisi on; in response to the COVID -19 pandemic, it simplified certain processes 
to assist exporters. Export finance, insurance, and guarantees are provided only by the private sector 
in Liechtenstein.  
 
Question 12 : 
What are Specific measures undertaken to assist SMEs specifically in terms of exports after the last 
TPR period?  
 
Switzerland 's answer:  
Voir section 1.3.5 du rapport du gouvernement (WT/TPR/G/425) . 
 
Summary Par agraph  8 WT/TPR/S/425 Page 10  
 
Both Switzerland and Liechtenstein are open to investment, with few restrictions on FDI, although 
state monopolies operate in a few areas. The Swiss Federal Council is drafting a law on the control 
of foreign investments, which will be published for consul tations at the end of March  2022.  
 
Question 13 : 
In which areas state monopolies operate in Switzerland and Lichtenstein and is there any proposed 
roadmap for introducing competition in such sectors in future?  
 
Switzerland 's answer:  
Switzerland is very open to foreign investment and restrictions may apply to only a few sectors. This 
is the case for some passenger transport companies, some specific postal services, and compulsory 
insurance against fire and natural damage. These state monopolies are clearl y defined in the Swiss 
constitution. The imports of ethanol (a previous state monopoly) has been liberalized in 2019.  
 
Summary Para graph  10 WT/TPR/S/425 Page 10  
 
A major customs reform initiative is ongoing in Switzerland; its objective is to meet future c hallenges 
of increased traffic and trade as well as to take advantage of digitalization opportunities. This will 
result in, inter alia, enhanced customs security measures and the introduction of a fully -fledged 
single window system (Passar) to replace the existing systems (e -dec and the New Computerized 
Transit System (NCTS)). Switzerland undertakes customs clearance operations, including the 
collection of taxes and duties, at Liechtenstein's customs posts on its behalf.  
 
Question 14 : 
Can Switzerland give a n account of what major Customs reforms are being taken and what are its 
components along with its compliance with Trade Facilitation Agreement?  
 
Switzerland 's answer:  
Toutes les informations nécessaires se trouvent sur le site du programme DaziT : 
https:// www.efd.admin.ch/efd/fr/home/douanes/dazit.html#:~:text=Le%20programme%20DaziT
%20vise%20%C3%A0,et%20des%20processus%20de%20contr%C3%B4le . 
 
Summary Paragraph  11 WT/TPR/S/425 Page 10  
 
The Switzerland -Liechtenstein tariff is fully composed of specific rates. The simple average tariff  
in 2021 was 7.2% based on AVE estimates. High tariffs prevail on agricultural products (simple 
average applied tariff of 25.4%, with tariffs ranging from 0% to 671.3%). Highest tariffs apply to 
out-of-quota imports of fresh or ch illed lollo lettuce. Tariff quotas apply to a number of agricultural 
products, comprising 3.7% of all tariff lines in 2021 (down from 3.8% in 2016). Seasonal tariffs 
apply to 95 products and are levied mostly on fruits and vegetables produced domestically,  and most 
of which are also subject to tariff quotas. As at the time of the previous Review, applied MFN tariffs 
may exceed bound rates for certain goods due to fees levied on imports by compulsory stock 
organizations.  
 
Question 15  (a): 
What does compulsory stock organisations imply here?  
 
Switzerland 's answer:  
Voir section 3.1.3.4 du rapport du secrétariat (WT/TPR/S/425).  WT/TPR/M/425/Add.1  
 
- 176 - 
 
 
Question 15 (b):  
Is there any scope of reduction in fees levied on imports by compulsory stock organisations?  
 
Switzerland 's answer:  
Switzerland is aware that guarantee fund contributions together with applied customs duties may 
exceed the bound rates for certain tariff lines. In 2019, Switzerland launched a project to modify the 
compulsory reserve regime for rice and coffee. This project has not been finalised, yet. Reflections 
on National Economic Supply are on -going and a revision of the legal basis is in preparation, following 
the COVID -19 crisis and a planned reorganization of the Federal Office for National Ec onomic Supply.  
 
Summary Para graph  12 WT/TPR/S/425 Page 10  
 
During the review period, temporary tariff reductions were granted on certain feed items, medical 
goods, and textiles and intermediate materials to respond to emergency situations or respond to 
industry needs. The Swiss Government has announced that all duties on industrial goods will be 
eliminated on 1  January  2024.  
 
Question 16 : 
Can Switzerland and Liechtenstein give an account of products, countries imported from and period 
for which temporary  tariff reductions were given and are they still applicable?  
 
Switzerland 's answer:  
 
Temporary elimination of import tariffs on certain personal protective equipment and medical  
goods (HS Chapters 28; 38; 39; 40; 48; 61; 62; 63; 65; 90), due to  
the COVID -19 pandemic (Effective from 10  April 2020 to 9  October  2020). See also WTO document 
G/MA/W/154, 27  May 2020.  
 
Summary Para graph  13 WT/TPR/S/425 Page 10  
 
As at the time of the previous Review, Switzerland and Liechtenstein apply import and export 
prohibitions and restrictions largely for reasons of security, health, and protection of the 
environment. Additionally, some import and export prohibitions are applied related to sanctions. 
Temporary export controls were introduced between March and June  2020 for certain goods related 
to the COVID -19 pandemic. Neither Switzerland nor Liechtenstein has any specific legislation on 
contingency measures; they have no specialized authorities in place to initiate and conduct  
anti-dumping and countervailing inves tigations; and they have no anti -dumping, countervailing, or 
safeguard measures in place.  
 
Question 17 : 
Can Switzerland and Liechtenstein give an account of products on which it had applied prohibitions 
and restrictions? Are they still applicable?  
 
Switzer land's answer:  
Voir section 3.2.3 du rapport du secrétariat (WT/TPR/S/425).  
 
Summary Para graph  14 WT/TPR/S/425 Page 10  
 
No export taxes or duties are levied. Switzerland Global Enterprise, a private non -profit association 
mandated by the State Secretariat for Economic Affairs, continues to help SMEs in Switzerland and 
Liechtenstein to export their products and services; ove r the review period, it formed new 
partnerships and expanded its services. Swiss Export Risk Insurance (SERV) continues Switzerland 
and Liechtenstein - 11 - to provide export finance and insurance services to companies registered 
in Switzerland where there  is a gap in private -sector provision; in response to  
the COVID -19 pandemic, it simplified certain processes to assist exporters. Export finance, 
insurance, and guarantees are provided only by the private sector in Liechtenstein.  
 
Question 18 : 
Can Switzer land give an account of heads under which Switzerland Global Enterprise helps the 
SME's? 
 WT/TPR/M/425/Add.1  
 
- 177 - 
 
Switzerland 's answer:  
Toutes les informations pertinentes se trouvent sur le site de Switzerland Global Enterprise : S-GE 
is your first point of contact for internationalization| S -GE (https://www.s -ge.com/en ). 
 
Summary Paragraph  15 WT/TPR/S/425 Page 11  
 
During the period under review, Switzerland and Liechtenstein implemented new reforms to comply 
with international sta ndards on corporate income tax. Consequently, the European Union withdrew 
both countries from its taxation grey list. While competitive corporate tax regimes have been one of 
the countries' strengths, both Governments raised concerns about the implementati on of the future 
international corporate tax framework. However, they indicated that other features of their 
economies and additional measures will maintain their attractiveness for companies. Switzerland 
and Liechtenstein apply similar excise taxes on pro ducts causing a risk to human health or to the 
environment.  
 
Question 19 : 
 
What are the new reforms implemented in corporate income tax?  
 
Switzerland 's answer:  
The Federal Council plans to amend the constitution to enable Switzerland to tax corporate income 
as a market jurisdiction (Pillar 1) and to ensure an effective tax rate of at least 15% for 
internationally operating companies (Pillar 2). Find the Federal Council 's press release with the 
outline of the implementation plan on Pillar 2 
https://www.admin.ch/gov/en/start/documentation/media -releases.msg -id-86783.html  (available 
in English). On Pillar 1, the so -called Multilateral Convention on th e technical details is still being 
worked out in the bodies at the OECD and the Inclusive Framework. Thus, at the time of writing, the 
Federal Council has not yet crafted an implementation plan.  
 
Summary Para graph  17 WT/TPR/S/425 Page  11 
 
In June  2017, Swi tzerland notified to the WTO the framework of legislative acts that entered into 
force along with its new food legislation, intended to harmonize Swiss law with EU law. Switzerland 
also applied a new regulation on plant health, which is aligned with the up dated EU regulation. Under 
the Customs Union Treaty, Liechtenstein applies Switzerland's sanitary and phytosanitary measures. 
No STCs were raised during the review period regarding Switzerland's or Liechtenstein's sanitary 
and phytosanitary measures . 
 
Ques tion 20 : 
Can Switzerland give an account of new regulation on plant health?  
 
Switzerland 's answer:  
Switzerland is currently modifying its interdepartmental (EAER and DETEC) Ordinance on the Plant 
Health Ordinance of 14  November  2019 (SR 916.201) and will notify this change of legislation to the 
WTO Members according to the SPS Agreement.  
 
Summary Para graph  23 WT/TPR/S/425 Page 12  
 
Switzerland is a net importer of agricultural and food products. Despite the small size of its 
agriculture sector, both in terms of its contribution to GDP (0.7% in 2020) and total  
employment (2.7%), Switzerland places great importance on agriculture due to its multifunctionality 
in terms of, inter alia, food security, environmental protection, and the maintenance of its cultural 
landscapes. In 2017, a new article was adopted in the Federal Constitution calling for a guarantee 
of sufficient food supplies f or the Swiss population, in the long term. A complex and comprehensive 
set of trade instruments, including domestic support and border measures, continues to be 
implemented, with a view to ensuring the viability of Swiss agriculture. In 2018, the authoriti es 
decided to abolish export subsidies for agricultural products, and the related contributions were 
allocated to eligible producers as a market support measure for cereals and marketed milk. In 
Liechtenstein, agriculture is marginal, and Switzerland acts on its behalf on Customs Union matters, 
such as with respect to imports and exports of agricultural products.  
 WT/TPR/M/425/Add.1  
 
- 178 - 
 
Question 21 : 
Can Switzerland give account of any policy it has introduced for guarantee of sufficient food supplies 
for the Swiss population? Wha t are these trade instruments of domestic support for ensuring the 
viability of Swiss agriculture? What is the status of the implementation for this decision?  
 
Switzerland 's answer:  
Objectives for Switzerland 's agricultural sector are defined by the Federa l Constitution (Article 104). 
Those are manifold and cover, inter alia, several objectives linked to sustainable agricultural 
production, functioning of remote rural areas, biodiversity, landscape quality, animal -friendly 
production systems and quality lev el of food -stuff production. The Federal Constitution has recently 
been adapted to include a new article on food security to guarantee sufficient food supplies to the 
Swiss population in the long term based on both domestic production and imports, consider ing the 
entire value chain. In order to guarantee its national food security, Switzerland relies on a variety 
of different policies, including domestic support measures and tariffs in order to guarantee a 
reasonable level of domestic production.  
 
Summary P aragraph  29 WT/TPR/S/425 Page 13  
 
Switzerland's financial services sector is mature and sophisticated, but its share in GDP has declined 
since the 2008 financial crisis due to factors such as changes in the international taxation framework 
and the global w ealth management business and low interest rates. In view of this more challenging 
competitive environment, the Federal Council launched a new strategy for the financial services 
sector in 2020 that rests on three main pillars: (i) the creation of more fav ourable conditions for 
innovation; (ii) the promotion of international interconnectedness and open markets; and (iii) more 
emphasis on sustainability. The review period witnessed many changes in the general regulatory 
framework for financial services, with  the adoption of the Financial Market Infrastructure Law, which 
entered into force in 2016, the Financial Services Law and the Financial Institutions Law, which both 
entered into force in 2020, and changes to legislation in the areas of money laundering an d the 
financing of terrorism. In addition, there were changes in regulations that pertain more specifically 
to each of the subsectors of the financial services industry. For example, in banking, steps were 
taken to align Swiss legislation with the Basel II I international banking standards.  
 
Question 22 : 
Kindly provide details regarding the impact of changes in the international taxation framework which 
had an adverse effect on the Swiss financial sector? Please provide the possible solutions being 
considered for addressing the impact on the financial sector, if any?  
 
Switzerland 's answer:  
The Federal Council plans to amend the constitution to enable Switzerland to tax corporate income 
as a market jurisdiction (Pillar 1) and to ensure an effective ta x rate of at least 15% for 
internationally operating companies (Pillar 2). Find the Federal Council 's press release with the 
outline of the implementation plan on Pillar 2 
https://www.admin.ch/gov/en/start/documentation/media -releases.msg -id-86783.html  (available 
in English). On Pillar 1, the so -called Multilateral Convention on the technical details is still being 
worked out in the bodies at the OECD and the In clusive Framework. Thus, at the time of writing, the 
Federal Council has not yet crafted an implementation plan.  
 
According to the Federal Council 's implementation plan, cantons shall levy a top -up tax to ensure 
that an in -scope MNE reaches the minimum of 15% in Switzerland. Out -of scope companies (e.g. 
companies below the EUR 750 million revenue threshold) will not be affected by the reform. The 
Income Inclusion Rule and the Undertaxed Payment Rule (UTPR) are also part of the implementation 
plan. Based on the new constitutional provision a temporary ordinance will ensure that the minimum 
tax enters into force on 1  January  2024. Thereafter, legislation would be prepared without time 
pressure to replace the ordinance.  
 
The public consultation procedure on the  implementation plan started in March and ended in 
April 2022. Parliamentary deliberation is scheduled for the second half of 2022. The compulsory 
referendum on the constitutional amendment is planned for June  2023. Subsequently, the Federal 
Council will p roceed to implement the 15% minimum tax by ordinance.  
 
The financial impact cannot be reliably estimated. The data situation is limited and individual reform 
elements cannot be quantified. Initial rough estimates indicate short -term additional revenue of WT/TPR/M/425/Add.1  
 
- 179 - 
 
around CHF 1 - 2.5 billion. However, if Switzerland loses attractiveness as a business location, this 
additional revenue is not guaranteed in the medium and long term.  
 
Paragraph 3.110, page 88  
 
"Foodstuffs are in principle covered by the Cassis de Dijon principle but are subject to specific 
requirements, namely that foodstuffs fulfilling EU -EEA requirements but not Swiss requirements 
need to be authorized by the Federal Veterinary Office before being placed on the market. " 
 
1.7 WT/TPR/S/425 Page 18  
 
Thus, the economy had favourable pre -existing conditions to weather the worldwide disruption 
brought by the COVID -19 pandemic. The Government's prompt response also contributed to this 
overall positive assessment. In its latest Article IV Consultation Rep ort on Switzerland, the 
International Monetary Fund (IMF) commended the Government's early, strong, and sustained 
response. For 2020, the Confederation approved a total of expenditure and guarantees of 10% of 
GDP19, mostly aiming at avoiding job losses, an d maintaining employees' wages and  
companies' liquidity. In practice, actual support was below the maximum approved support, and 
totalled CHF  15 billion in expenditure and CHF  17,5 billion in guarantees. Specific sectors particularly 
hit by the pandemic b enefited from targeted measures: professional and mass sports, culture, print 
media, public transport, aviation, and tourism. Cantons also granted additional support measures 
such as funding short -time work, loan guarantees, interest -free loans, or grantin g more flexibility to 
pay utility fees. Together, cantons' and communes' pandemic -related expenditures totalled 
CHF 3 billion for 2020.23 For the year 2021, the Confederation did not grant support in the form of 
sureties and guarantees but only through exp enditures, which amounted to CHF  14 billion.  
 
Question 23 : 
Has any help been given to agricultural sector under the Covid -19 response package and if yes, 
share details thereof?  
 
Switzerland 's answer:  
Toutes les mesures prises par la Suisse en réponse à la pandémie de la Covid -19 sont rapportées 
dans le rapport de la Directrice générale sur les développements liés au commerce 
(WT/TPR/OV/W/14).  
 
3.21WT/TPR/S/425 Page 59  
 
The Switzerland -Liechtenstein tariff schedule exclusively consists of specif ic duties that are generally 
based on gross weight (i.e. CHF  5 per 100 kg gross) As indicated in previous Reviews, the authorities 
consider this to be efficient in terms of processing times and the number of staff involved, allowing 
for swift and accurate assessment of individual consignment .They also consider specific duties as 
transparent and offering the necessary predictability to ensure the smooth functioning of the import 
regime. They indicate that Switzerland does not plan to move to an ad valorem r egime. However, 
during previous Reviews, various WTO Members expressed concerns about the transparency of 
specific duties and recommended that adopting an ad valorem regime should be considered.  
 
Question 24 : 
Can Switzerland enumerate measures that it has taken in order to assuage the concerns of nations 
who have complained against the specific tariff imposition?  
 
Switzerland 's answer:  
Switzerland does not envisage changing its tariff system. In our view, this system is simple, 
transparent and predictable, since it is invariant to a number of factors including exchange rates 
fluctuations and raising prices for agricultural products.  
 
3.31WT/TPR/S/425 Page 63  
 
Seasonal tariffs apply to 95 products and are levied mostly on fruits and vegetables produced 
domest ically, most of which are also subject to TQs.  
 
Question 25 : 
Can Switzerland give list of the items included under the products mentioned above?  WT/TPR/M/425/Add.1  
 
- 180 - 
 
Switzerland 's answer:  
Tous les tarifs saisonniers concernent des légumes frais, des fruits frais et des fleurs coupées qui 
font parties des produits listés aux chiffres 8, 10 et 12 de l 'annexe 1 de l 'ordonnance sur les 
importations de produits agricoles (RS 916.01, OIAgr) 
https://www.fedlex.admin .ch/eli/cc/2011/770/fr . 
 
3.43 WT/TPR/S/425 Page 69  
 
Within the framework of the GSP (Section 2.3.3.1), Switzerland and Liechtenstein grant  
non-reciprocal preferential tariff treatment for goods originating in beneficiary  
countries (71 developing countries and 48 LDCs benefit from such preferences, with LDCs benefitting 
from duty -free and quota -free access for all products). Over the review p eriod, the Philippines and 
Georgia were removed from the list of GSP beneficiaries in 2018, as were Ecuador in 2020 and 
Indonesia from 2021. Preferences given to non -LDC GSP countries are more limited, especially for 
agricultural products, where the averag e tariff rate under the GSP is 23.8% compared to an average 
applied MFN rate of 25.4% (Table 3.9). According to data provided by the Swiss authorities,  
in 2020, CHF  5,974.1  million of imports from GSP beneficiaries (excluding GSP economies that have 
RTAs with Switzerland and Liechtenstein and LDCs) were eligible for tariff preferences and the 
preference utilization rate was 21.2%. Taking LDCs alone, approximately CHF  1,191.7  million of 
imports were eligible for preference and the preference utilization rat e was 21.3% (Table A3.2).  
 
Question 26 : 
Can Switzerland provide reasons why it removed the following countries from GSP beneficiaries list 
and does it intend to extend benefits to any other country?  
 
Switzerland 's answer:  
Switzerland in principle grants GS P preferences  to all developing countries according  to the OECD 
DAC list of ODA recipients. The four countries were removed from the list of GSP beneficiaries, when 
the Free Trade Agreements between the EFTA states and those countries entered into force an d 
replaced the GSP preferences.  
 
3.71 WT/TPR/S/425 Page 78  
 
In Switzerland, corporate income tax is levied at the federal, cantonal, and communal levels.64 since 
the last Review, the federal tax has remained unchanged, at a flat rate of 8.5% on profits aft er tax. 
In contrast, noticeable changes occurred at the cantonal level with corporate income taxes having 
dropped in all but three cantons since 2017. In 2017, total corporate income  
tax (federal + cantonal + communal) on pre -tax profit ranged from 12.32%  in Lucerne  
to 24.16% in Geneva. In 2021, the lowest rate of 11.85% applied in Zug, and the highest in Bern 
at 21.04%. The cantons' average of 14.87% is among the lowest in Europe and is very competitive 
in international  
 
Questions 27 : 
What reasons does Switzerland ascribe to lowering of taxes corporate income taxes on the 
cantonment level?  
 
Switzerland 's answer:  
The trend towards lower cantonal corporate tax rates is explained by the competition of cantons to 
attract businesses. This tax com petition was not in a steady state, because in 2020 a federal act 
adapted Swiss tax to evolving international standards and prohibited the preferential tax status that 
cantons had given to holdings and domiciliary companies. As a result of this reform, tax  competi tion 
among cantons has shifted towards the general cantonal profit tax rates.  
 
3.110 WT/TPR/S/425 Page 88  
 
EU and EEA goods not covered by the EU/EEA MRA can still benefit from facilitated market access 
under the Cassis de Dijon principle. Applied since 2010 by Switzerland and Liechtenstein, the Cassis 
de Dijon principle is a trade policy instrument to dismantle technical barriers to imports from the 
European Union and EFTA, and thereby enhance import competition and help reduce the high prices 
prevailing in Switzerland. Under the principle, products that are lawfully put on the market in the 
European Union and the EEA and comply with the technical requirements of the European Union or 
the EEA markets (or those of the EU/EEA member States in case of partially or non -harmonized WT/TPR/M/425/Add.1  
 
- 181 - 
 
legislation) may be placed on the Swiss and Liechtenstein markets without any prior inspection or 
other conformity assessment, even if the products do not fall under Swiss technical requirements. 
Exemptions apply to protect publ ic interest for products that are subject to an import permit, import 
prohibition, authorization, notification pursuant to the Swiss legislation concerning chemicals, or an 
exemption granted by the Federal Council (negative list). Foodstuffs are in princip le covered by the 
Cassis de Dijon principle but are subject to specific requirements, namely that foodstuffs fulfilling 
EU-EEA requirements but not Swiss requirements need to be authorized by the Federal Veterinary 
Office before being placed on the market.  
 
Question 28 : 
Explain about the de Dijon principle.  How does it operate? Why is it applied only in the case of 
removing barriers to imports from the EU and EFTA and not to imports from other countries?  
 
Switzerland 's answer:  
The "Cassis de Dijon" principle is an autonomous measure taken by Switzerland. According to this 
principle, products that comply with EU technical requirements can be freely marketed in Switzerland 
without any further controls. Exceptions to this principle are justified by publ ic interests, such as the 
protection of health, humans, animals and the environment. Exceptions are periodically reviewed to 
reassess their justification. The Cassis de Dijon principle applies exclusively to products from the 
European Union and the Europea n Economic Area. However, it also benefits non -European 
producers, if they meet the technical requirements of the European Union.  
 
3.151 WT/TPR/S/425 Page 98  
 
Agricultural import threshold prices are a special case of price controls or administered prices,  as 
they are also an instrument of agricultural protection (Section 4.1). For certain basic agricultural 
products (grains and oilseeds), Switzerland applies a system of threshold prices on imports to keep 
the duty -inclusive prices within certain price rang es. Variable MFN import duties allow the authorities 
to control and stabilize the domestic prices of the agricultural products concerned around the level 
of the statutory threshold prices.  
 
Question 29 : 
How do you ensure that it is compatible with the WTO commitments?  
 
Switzerland 's answer:  
Switzerland 's agricultural policy is fully in compliance with Switzerland 's WTO rights and obligations.  
 
4.48 WT/TPR/S/425 Page 125  
 
Price support is relatively significant in Switzerland. The OECD estimates that it accounts for 50% of 
total producer support, and domestic prices were on average 46% above world prices  
in 2018 -2020. In addition to tariff rate quotas with high out -of-quota tariffs, Switzerland also 
provides complementary market support measures. Such expenditures mainly support dairy 
producers. In addition, area payments apply to oilseeds, protein crops, grain, and sugar beet.  
 
Questions 30 : 
Do any of these subsidies fall under the Amber box?  
 
Switzerland 's answer:  
Yes. Details on the classification of Swiss domestic support measures can be found in the most 
recent DS:1 notification (G/AG/N/CHE/114).  
 
Summary Para graph  22 WT/TPR/S/425 Page 12  
 
Switzerland is one of the worl d's most innovative economies and a net exporter of intellectual 
property. During the review period, Switzerland took further steps to implement  
its "Swissness" legislation. It reinforced the protection of the "Swiss Made" designation through 
amendments t o the Federal Law on the Protection of Trademarks and to the Federal Law on the 
Protection of Coats of Arms and Other Public Signs and by adopting ordinances that extend the scope 
of the Swissness regulation to additional products, including watches and fo od products. The Federal 
Law on Copyright and Related Rights was revised to reflect technological developments and to 
address online piracy more effectively. In addition to FTAs with comprehensive provisions on WT/TPR/M/425/Add.1  
 
- 182 - 
 
intellectual property and an agreement on geo graphical indications concluded with Georgia, 
Switzerland became a party to the Geneva Act of the Lisbon Agreement on Appellations of Origin 
and Geographical Indications (December  2021), the Marrakesh Treaty to Facilitate Access to 
Published Works for Pers ons Who Are Blind, Visually Impaired or Otherwise Print  
Disabled (May  2020), and the Beijing Treaty on Audio -visual Performances (May  2020). As a result 
of the customs union between Switzerland and Liechtenstein, Liechtenstein's intellectual property 
system is deeply integrated and intertwined with the Swiss intellectual property system. 
Liechtenstein amended its copyright law to implement two . 
 
Question 31 : 
When does Switzerland plan to bring permanent law in exchange for ordinance for extending the 
scope of the Swissness to additional products?  
 
Switzerland 's answer:  
The "Swissness " legislation applies to all products under the permanent and current law. Mor eover, 
there are currently two ordinances that specify the "Swissness " conditions for specific categories of 
products (namely for watches and cosmetics). However, these two ordinances do not extend the 
scope of Swissness: they simply outline, in more detai ls, the Swissness requirements for watches 
and cosmetics. These ordinances are permanent and unlimited in time.  
 
Summary Paragraph  29 WT/TPR/S/425 Page 13  
 
Switzerland's financial services sector is mature and sophisticated, but its share in GDP has declin ed 
since the 2008 financial crisis due to factors such as changes in the international taxation framework 
and the global wealth management business and low interest rates. In view of this more challenging 
competitive environment, the Federal Council launch ed a new strategy for the financial services 
sector in 2020 that rests on three main pillars: (i) the creation of more favourable conditions for 
innovation; (ii) the promotion of international interconnectedness and open markets; and (iii) more 
emphasis on  sustainability. The review period witnessed many changes in the general regulatory 
framework for financial services, with the adoption of the Financial Market Infrastructure Law, which 
entered into force in 2016, the Financial Services Law and the Financi al Institutions Law, which both 
entered into force in 2020, and changes to legislation in the areas of money laundering and the 
financing of terrorism. In addition, there were changes in regulations that pertain more specifically 
to each of the subsectors of the financial services industry. For example, in banking, steps were 
taken to align Swiss legislation with the Basel III international banking standards.  
 
Question 32 : 
Can Switzerland give information on what changes have been made in areas of money lau ndering 
and the financing terrorism?  
 
Switzerland 's answer:  
For measures taken by Switzerland following its 4th FATF mutual evaluation report of 2016, please 
refer to the FATF 3rd enhanced follow report and technical compliance re -rating of Switzerland of 
January  2020: https://www.fatf -gafi.org/media/fatf/documents/repor ts/fur/Follow -Up-Report -
Switzerland -2020.pdf . 
 
After this report, Switzerland took the following measures to further improve its AML/CFT framework:  
 
At the legislative level, two important packages were adopted by the Parliament:  
 
• A package of measures to further enhance the fight against terrorism and its financing as 
well as organised crime entered into force on 1  July 2021. This package, which is linked 
with the approval and implementation of the Council of Europe Convention on the 
Prevention of Terroris m and its additional protocol, revises among others the Swiss 
Criminal Code, the Swiss Criminal Procedure Code, the AML/CFT Act and the Federal Act 
on International Mutual Assistance in Criminal Matters. It aims at improving the prevention 
and prosecution of terrorist acts on the one hand, and international cooperation on the 
other hand. Amongst others, the following measures have been adopted:  
o A new provision on recruiting, training and travelling with a view to committing a 
terrorist offence has been intr oduced into the Swiss Criminal Code ( Article 260sexies). 
This provision explicitly represses, on the one hand, the recruitment and training of WT/TPR/M/425/Add.1  
 
- 183 - 
 
terrorists, as well as travel for terrorist purposes, and, on the other hand, the 
financing of such activities.  
o The provision on criminal organisations ( Article 260ter) has been extended to 
explicitly cover terrorist organisation and the maximum penalty (custodial sentence) 
for participating in such an organisation has been increased from five to ten years.  
o The AML/ CFT ACT ( Article 11a) has been revised to allow the Swiss FIU, MROS, to 
cooperate with its counterparts fully in line with the FATF standards (Rec. 40), thus 
removing an important obstacle to the international cooperation of the Swiss FIU.  
o In the field of mutual legal assistance, a new provision allowing for the early 
transmission of information and evidence in order to avert a serious and immediate 
danger, and in particular the commission of a terrorist offence, has been introduced 
into the Federal Act on International Mutual Assistance in Criminal Matters ( Article 
80dbis). New provisions allowing for the appointment of a joint investigation team 
have also been adopted (art. 80dter and following).  
• In March  2021, the parliament adopted a revision of the AML/CFT Act and further acts. The 
revision includes, among others, measures in relation to CDD (verification of the identity of 
the beneficial owner and measures to ensure that data collected under CDD process are kept 
up-to-date), the framework to report suspicious transactions to the FIU and associations at 
risk of being abused for money laundering or terrorist financing. The necessary implementing 
provisions at the level of ordinances have been submitted to public consultation  
from 1  October  2021 to 17  January  2022. It has not been decided yet when the revised 
AML/CFT Act and the implementing provisions will enter into force. The Federal Council 
should take the decision after the Summer break.  
 
On 1 August  2021 the Federal Council brought into force changes in the AML/CFT Ordinance with 
regard to crypto assets. The Ordinance now covers financial intermediaries that assist the transfer 
of virtual currencies to a third party, insofar as they have a long -term business relationship with the 
customer or in sofar as they have power of disposal over virtual currencies for the customer. This 
expands the range of subordinated financial intermediaries in order to take into account the 
technological developments and changing risks.  
 
Switzerland also published seve ral sectorial risk assessments since its national risk assessment 
report of 2015 (non -profit organi zations, legal persons, crypto assets and crowdfunding, use of cash, 
corruption, fraud and phishing). In addition, an update to the national risk assessment report has 
been published by the end of October  2021.  
 
1.11 WT/TPR/S/425 Page 20  
 
In 2020, direct federal tax accounted for one third of federal revenues, followed by VAT on domestic 
goods and services (16.6%) and VAT on imports (14.1%) (Chart 1.3). Import  duties account  
for 1.7% of federal revenues. It is noteworthy that while the share of agriculture in total imports is 
only 5%, agricultural products generated 57% of customs duties levied in 2020.  
 
Question 33 : 
Can Switzerland give clarification on why i t continues to apply such high tariffs on agriculture 
products when their import percentage is low. Is it not being used as an instrument of revenue 
generation?  
 
Switzerland 's answer:  
The tariff system is regularly reviewed. Currently, there are no plans t o implement changes to the 
tariff system.  
 
3.23 WT/TPR/S/425 Page 87  
 
SECO assumes responsibility, on behalf of the Swiss Government, for implementing the WTO 
Agreement on Technical Barriers to Trade. Any questions concerning Switzerland's implementation 
of the Agreement and requests for consultation should be addressed to SECO, which has assigned 
to the Swiss Information Centre for Technical Rules (switec) the task of setting up and managing 
Switzerland's WTO enquiry point. It provides information on all c urrent and proposed technical 
regulations stemming from the Federal Government, local institutions, or non -governmental bodies. 
Switzerland made 54 regular notifications to the Committee on Technical Barriers to Trade (TBT 
Committee) during the period 2017 -January 2022 (Table 2.4). Switzerland regularly supports WT/TPR/M/425/Add.1  
 
- 184 - 
 
specific trade concerns (STCs) in the TBT Committee to raise concerns regarding planned or adopted 
measures of trading partners. Neither Switzerland nor Liechtenstein was subject to an STC during 
the review period.  
 
Question 34 : 
What is the status of STCs raised by Switzerland and Lichtenstein on other trade partners?  
 
Switzerland 's answer:  
La Suisse privilégie une approche diplomatique des résolutions d 'irritants commerciaux  
spécifiques ( Specific Trade Concerns, STCs). En parallèle, suivant une logique de transparence à 
l'OMC, la Suisse soulève parfois des STCs dans les comités réguliers. Pour ces STCs, la Suisse 
rapporte régulièrement sur les derniers développements pertinents.  
 
3.106 WT/ TPR/S/425 Page 87  
 
Switzerland has concluded an MRA  with the European Union and the EEA/EFTA States (which include 
Liechtenstein). Both Switzerland and the EEA/EFTA States have concluded MRAs with Canada and 
with T ürkiye. Under an MRA, the importing country will recognize the conformity assessment carried 
out in the exporting country, thus concerned products will benefit from facilitated placing of goods 
on the market. The MRA reduces technical barriers to trade by helping companies avoid duplicate 
conformity assessments. The MRA concluded with the European  Union and the EEA/EFTA States in 
2002 is based on harmonized technical regulations in 20 sectors, which represented around two 
thirds of the total bilateral trade with the European Union in 2020. The Parties maintain a list of all 
conformity assessment bo dies notified and recognized under the Agreement.  
 
Question 35 : 
What reason does Switzerland ascribe to having a MRA with Canada and Türkiye ? 
 
Switzerland 's answer:  
Afin de faciliter le commerce avec nos partenaires commerciaux, y inclus la Türkiye  et le Canada.  
 
3.63 WT/TPR/S/425 Page 76  
 
Neither Switzerland nor Liechtenstein has export processing zones. Goods may be temporarily 
imported duty -free or with a duty drawback right for inward processing, and in certain cases VAT 
may be exempt upon importation.  
 
Question 36 : 
What are the criteria for duty free import mentioned above?  
 
Switzerland 's answer:  
Le trafic de perfectionnement actif  (https://www.bazg.admin.ch/bazg/fr/home/infos -pour-
entreprises/exonerations --allegements --preferences -tarifaires -et-contributio/importation -en-
suisse/trafic -de-perfectionnement -actif.html ) est soumis à autorisation. En cas d'apurement en 
bonne et due forme du trafic de perfectionnement actif, les marchandises sont définitivement 
exonér ées de droits de douane. Le trafic de perfectionnement actif est réputé apuré en bonne et due 
forme dès que les marchandises ont été placées sous le régime du perfectionnement sur le territoire 
douanier, correctement réexportées hors du territoire douanier  dans le délai d 'exportation et 
décomptées dans le délai de décompte.   WT/TPR/M/425/Add.1  
 
- 185 - 
 
35  INDONESIA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
SUMMARY  
 
Page 12 , paragraph  24 
 
Switzerland's Energy 2050 Strategy results from a decision taken in the early 2010s to progressively 
phase out nuclear energy and to promote energy efficiency and the production of renewable energy. 
To implement the strategy, a completely revised Federal E nergy Law entered into force  
in January  2018 that sets out targets for energy production and consumption, defines energy 
efficiency standards, and provides incentives for investment in renewable energy production. As part 
of an Electricity Networks Strate gy, a new Federal Law on the Conversion and Expansion of the 
Electricity Grid was adopted; most of its provisions entered into force in June  2019, and aim to 
facilitate the development of electricity networks. In 2020, Switzerland updated its Nationally 
Determined Contribution under the Paris Agreement to commit to reduce greenhouse gas emissions 
by at least 50% by 2030, compared to 1990 levels, and to achieve climate neutrality  
by 2050. Following the rejection by the Swiss electorate in June  2021 of a com prehensive revision 
of the Swiss CO2 Law, the Federal Assembly in December  2021 adopted a partial amendment to 
temporarily prolong some limited and unchallenged aspects of the CO2 Law during the  
period 2022 -2024. A new proposal for a comprehensive revisio n of the CO2 Law to continue to 
reduce greenhouse gas submissions beyond this period is currently the subject of consultations. 
Although Switzerland is closely integrated in the European electricity network, the conditions for 
electricity trade with the Eu ropean Union are suboptimal because of the absence of a formal 
agreement with the European Union.  
 
Question  1: 
Please describe the definition of energy efficiency standards as supported by the 2018 revision of 
the Federal Energy Law.  
 
Switzerland 's answer:  
Further information can be found under the Links below:  
 
• Measures for increasing energy efficiency (admin.ch) : 
https://www.bfe.admin.ch/bfe/en/home/policy/energy -strategy -2050/initial -package -of-
measures/measures -for-increasing -energy -efficiency.html . 
• CO2 emission regulations for new cars and light commercial vehicles (admin.ch) : 
https://www.bfe.admin.ch/bfe/en/home/efficiency/mobility/co2 -emission -regulations -
for-new-cars-and-light-commercial -vehicles.html . 
• Energy labels and efficiency requirements (admin.ch) : 
https://www.bfe.admin.ch/bfe/en/home/efficiency/energy -labels -and-efficiency -
requirements.html . 
• Buildings (admin.ch) : https://ww w.bfe.admin.ch/bfe/en/home/efficiency/buildings.html . 
 
Question 2:  
Does Switzerland have additional details on the scope of their new proposal for a comprehensive 
revision of the CO2 Law, as well as the timetable for the consultation?  
 
Switzerland 's answer : 
From 17  December  2021 to 4  April, the Swiss Federal Council held a consultation on the revised CO2 
Act for the period from 2025 to 2030. This proposal is intended to replace the transitional extension 
of the CO2 Act until 2024, which was adopted by the P arliament on 17  December  2021. The revised 
CO2 Act was designed to reduce greenhouse gas emissions by 50 % by 2030 and thus to meet  
the 2030 climate target. In the new draft, the Federal Council has chosen not to include the measures 
that contributed to the rejection of the last revision. Rather, the new bill focuses on combining the 
existing CO2 levy with strong incentives and targeted support and investments, as well as on backing 
up ongoing new developments. The focus is on measures that  help the Swiss population to reduce 
CO2 emissions in their everyday lives.  
 WT/TPR/M/425/Add.1  
 
- 186 - 
 
2.3.2.2 European Free Trade Association (EFTA)  
Page 44 , paragraph  2.27 
 
Question  3: 
The RTA between EFTA and Indonesia entered into force on 1  November  2021. Please provide 
statis tics on the utilization of the Certificate of Origin from the Indonesian -EFTA preferences by HS 
code and globally.  
 
Switzerland 's answer:  
Please see the raw data in the appended excel file. Data must be interpreted with caution as the 
observation period is relatively short (6 months from November  2021 to April  2022). Additionally 
only November  2021 and December  2021 contain final figures. A more in -depth analysis should be 
carried out at a later stage. For further information, please se e Use of free trade agreements 
(admin.ch)  (https://www.seco.admin.ch/ seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Z
usammenarbeit/Wirtschaftsbeziehungen/Freihandelsabkommen/nutzung_freihandelsabkommen.ht
ml). 
 
2.3.2.4 Switzerland's bilateral agreements with the European Union  
 
Page 47 , paragraph  2.37 
 
Additionally, a new agreement between Switzerland and the European Union entered into force in 
January  2020 to couple the greenhouse gas emission allowance trading schemes of the European 
Union and Switzerland, and a new EU -Switzerland Joint Committee was established in this regard.  
 
Question  4: 
Are there any possibilities that the Swiss Federal Energy Law implementation measures would be 
aligned and coordinated with EU related measures, such as the EU Green Deal?  
 
Switzerland 's answer:  
Switzerland 's target s and the targets of the EU Green Deal are similar. Both aim for net -zero 
greenhouse gas emissions in 2050. Switzerland's  ETS is linked with the EU -ETS, and the CO2 -
regulations for new vehicles (CO2 regulations for vehicles (admin.ch)), introduced in 2012, follow 
the regulations in the EU. These measures contribute to reaching the targets for 2030 However, 
Switzerland has not yet detailed the measures to reach the 2050 target. A detailed comparison is 
therefore not possible at this point.  Given the close relations between Switzerland and the EU, it is 
likely that measures will continue to be aligned and coordinated whenever possible, especially in 
trade-intensive sectors.  
 
4.2.2.1.2 Policy developments  
4.2.2.1.2.1 Environmental issues  
 
Page 135 -136, paragraph  4.86 
 
Since the new Energy Law was drafted to a large extent before the period under review, its then 
future provisions were described extensively in the previous TPR report. However, some of its 
elements have been prolonged or amended . Its main elements consist of:  
 
• Creating stricter standards of energy efficiency for buildings, machines, vehicles, and other 
equipment; introducing new energy labels; and extending publicity campaigns and 
vocational training programmes on energy efficien cy; 
 
Question  5: 
Please describe the new energy labels as mentioned above and the products they cover.  
 
Switzerland 's answer:  
Toutes les informations pertinentes se trouvent sur ce site : https://newlabel.ch/fr/ . 
  WT/TPR/M/425/Add.1  
 
- 187 - 
 
Follow -up questions  
Question 1:  
Is there any job opportunity for Indonesian Migrant Workers especially on Health (Nurse and 
Midwife), Hospitality and Manufacturing sector to work in Switzerla nd and Liechtenstein? Considering 
that Indonesia has a surplus of workers from those sectors . 
 
Switzerland 's answer:  
 
n/a. 
 
Question 2:  
Is there any domestic regulation or policy regarding foreign workers as well as possibility for bilateral 
cooperation between Indonesia and Swiss/Liechtenstein through Government to  
Government (G to G) scheme for the placement of Skilled Indonesian Migran t Workers? In this 
regard, Indonesian Migrant Workers Protection Agency (BP2MI) already has a bilateral cooperation 
with Germany regarding the placement of Indonesian Nurses. The same cooperation is being 
processed with the Netherland.  
 
Switzerland 's answe r: 
n/a.   WT/TPR/M/425/Add.1  
 
- 188 - 36  LIECHTENSTEIN'S RESPONSES TO ADVANCED WRITTEN QUESTIONS BY WTO MEMBERS  
Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
Colombia  Paragraph 22 (Secretariat Report) : "Switzerland 
is one of the world's most innovative economies 
and a net exporter of intellectual property . During 
the period under review, Switzerland took further 
steps to implement the "Swissness" legislation . It 
strengthened the protection of the designation 
"Swiss" by introducing amendments to the 
Federal Law on the Protec tion of Trademarks and 
the Federal Law on the Protection of the National 
Coat of Arms and Other Public Insignia and by 
adopting orders extending the scope of the 
Swissness regulation to other products, including 
watches and foodstuffs . The Federal Law on 
Copyright and Related Rights was revised to 
reflect technological developments and to deal 
more effectively with online piracy . In addition to 
FTAs including comprehensive IP provisions and 
an agreement on geographical indications 
concluded with Georgia, Sw itzerland became 
party to the Geneva Act of the Lisbon Agreement 
on Appellations of Origin and Geographical 
Indications ( December  2021), the Marrakesh 
Treaty to Facilitate Access to Published Works for 
Persons Who Are Blind, Visually Impaired or 
Otherwise Print Disabled ( May 2020) and the 
Beijing Treaty on Audio -visual  Performances 
(May 2020). As a consequence of the customs 
union between Switzerland and Liechtenstein, 
Liechtenstein's IP system is deeply integrated and 
interconnected with the Swiss IP syste m. 
Liechtenstein amended its copyright legislation to 
implement two EU directives".  Regarding the amendment to Liechtenstein's 
copyright law to include two EU directives . Colombia 
would like to seek clarity on the scope of this 
amendment, and whether it is  in full compliance with 
Articles 3 and 4 of the WTO Agreement on 
Trade -Related Aspects of Intellectual Property 
Rights.  The aim of Directive (EU) 2019/790 is to enable 
more choice and easier access to digitally available 
content and to create a fair and s ustainable market 
for authors, the press, cultural and creative 
industries . Exceptions are being made to improve 
online access to works protected by copyright . 
Exceptions for text and data mining or for the use of 
out-of-commerce works favour areas of research, 
innovation, education and preservation of cultural 
heritage . The position of right holders is 
strengthened by liability regulations from online 
service providers for the use of content on their 
platforms . The introduction of an ancillary copyrigh t 
for press publishers is intended to strengthen the 
position of rights holders to negotiate remuneration 
for their works.  
Directive (EU) 2019/789 aims to simplify the 
acquisition of licenses for the distribution of 
television and radio programs online . Among other 
things, it should be made easier for broadcasters to 
expand their online offering across borders . This 
takes account of the interests of rights holders, 
broadcasters and retransmission services.  
The amendments to the law required to implement 
both directives are to be made by a new law 
(Copyright Service Provider Act) and by amendments 
to the Copyright Act (URG ; LGBl. 1999 Nr. 160) and 
the Collecting Societies Act (VGG ; LGBl. 2018 Nr. 
111)) . The revisions are in line with the TRIPS 
Agreement.  
 
Colombia  Paragraph 2.35 (Secretariat Report) : "In view of 
the fast pace and great potential for development 
of blockchain technology and its areas of 
application, the Liechtenstein Blockchain Act is 
formulated in a sufficiently abstract manner to 
ensure th at it can continue to be applied to 
subsequent technologies . This is the reason why 
the law uses the term "transaction systems based Taking into account that Liechtenstein's regulations 
on technological services, specifically blockchain, 
have strengthened the protection of consumers 
interacting with this type of services, Colombia would 
like to know in more detail how the "Blockchain Law" 
manages to improve the protection of consumers.  The TVTG (Blockchain act) regulates, on the one 
hand, the civil law question s regarding tokens, the 
representation of rights via tokens, and the transfer 
of tokens, and, on the other hand, the supervision 
and the rights and obligations of TT service 
providers . All persons that are headquartered or 
reside in Liechtenstein and who p rovide TT services 
on a professional basis in Liechtenstein are required   WT/TPR/M/425/Add.1  
 
- 189 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
on trust technologies" . As blockchain technology 
is actively used in Liechtenstein, the new law 
clarifies the requirements applicable to significant 
activities in such systems (services based on trust 
technologies) . In addition, it enhances consumer 
protection and establishes due diligence 
obligations in order to ensure compliance with 
international standards and to comprehens ively 
and effectively combat money laundering." 
(Section 2.2.2 . The economic sectors - page 27, 
paragraph 2.35).  to register with the Financial Market Authority of 
Liechtenstein (FMA) . The registration requirement 
guarantees that every TT service provider has to 
fulfil a set of requirements and qualifications (TT 
service providers will be registered only if they have 
full capacity to act, are trustworthy, are 
professionally competent ; dispose over the 
necessary minimum capital, appropriate 
organizational structure, control mechanisms and the 
obligation to create and publish basic information in 
advance before offering tokens to the public, etc.) . 
The requirements in turn ensure competent actors 
and protection and information for the consumers 
and users . Lastly it promotes confidence in digital 
legal transactions and actors.  
Canada  Pages 91 to 94 , paragraphs 3.121 to 3.135 
(Secretariat Report):  The Secretariat Report 
notes the main legislation covering SPS (Sanitary 
and Phytosanitary) measures, including 
legislation relating to sanitary and phytosa nitary 
measures and the main sanitary and 
phytosanitary requirements and procedures.  Do Switzerland and Liechtenstein have any planned 
upcoming sanitary and phytosanitary regulatory 
initiatives not referenced in the TPR reports?  No further sanitary measure s are planned in the area 
of animal husbandry . The Swiss animal health 
legislation, which is applicable in Liechtenstein and 
Switzerland, is to be adapted to the new provisions 
of the EU Animal Health Law.  
Canada  Page 169 , paragraph 4.233 (Secretariat Report) : 
The Secretariat Report notes the following : 
"Banks and investment firms from outside the 
EEA may in principle offer their services in 
Liechtenstein only through a local subsidiary . The 
establishment of such a subsidiary requires a 
licence granted by the FMA . Investment firms and 
banks domiciled in another EEA Member State 
may offer their services in Liechtenstein under 
the freedom to provide services ( "cross-border ") 
or the right to establishment (branch) subject to 
relevant EEA law, p rovided that the services 
offered are covered by their national 
authorization. " Does Liechtenstein have foreign equity caps applying 
to financial institutions and financial companies ? If so 
what sub -sectors do they apply to (i.e. banking, 
insurance, asset management)?  There are no foreign equity caps foreseen in 
Liechtenstein as regards financial institutions and 
financial companies.  
United Sates   Neither Switzerland nor Liechtenstein provided any 
information regarding intellectual propert y 
protections or enforcement under their laws . Please 
provide a summary of civil and criminal enforcement 
of intellectual property enforcement, including trade 
secrets, and identify relevant statutory authorities . 
Please also provide information on the num ber and • Criminal cases in 2020 and 2021: no law cases 
in 2020/2021.  
• Summary of Civil and Criminal Enforcement of 
IP Enforcement, including trade secrets:  
o Gesetz vom  12. Dezember 1996 über den 
Schutz von Marken und Herkunftsangaben 
(Markenschutzgesetz; MSchG), LGBl. 1997 
Nr. 60    WT/TPR/M/425/Add.1  
 
- 190 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
outcome of civil, administrative, and criminal cases 
in 2020 and 2021, if available.  https://www.gesetze.li/konso/pdf/1997060
000?version=9  
Civil Enforcement: Article 49a ff  
Criminal Enforcement: Article 59 ff  
o Gesetz vom 11. September  2002 über den 
Schutz von Design (Designgesetz; DesG), 
LGBl. 2002 Nr. 134  
https://www.gesetze.li/konso/pdf/2002134
000?version=4  
Civil Enforcement: Article 35 ff  
Criminal Enforcement: Article 43 ff  
o Gesetz vom 19. Mai 1999 über das 
Urheberrecht und verwandte Schutzrechte 
(Urheberrechtsgesetz, URG); LGBl. 1999 Nr. 
160 
https://www.gesetze.li/konso/pdf/1999160
000?version=9  
Civil Enforcement: Article 56 ff  
Criminal Enforcement: Article 61 ff  
o Gesetz vom  22. Oktober 1992 gegen den 
unlauteren Wettbewerb (UWG)  
https://www.gesetze.li/konso/pdf/1992121
000?version=11  
Civil Enforcement: Article 12 ff  
Criminal Enforcement: Article 22 ff  
Trade  Secrets: Article. 16 ff  
• Relevant statutory authorities:  
o Office of Economic Affairs  
o Fürstliches Landgericht (Court)  
United States  Page 19, para graph  2.2 (Government Report):  
Liechtenstein is in a customs union with 
Switzerland, yet Liechtenstein is also a member 
of the European Economic Area, while Switzerland 
is not.  Does this result in any conflicts between the two 
systems with regard to trade and economic policy?  
 
How are these conflicts managed?  In case of a conflict, the Customs  Treaty foresees 
that EEA law would prevail in Liechtenstein . Due to 
the applicable "dual marketability for goods ", 
combined with the respective Market Control and 
Surveillance Mechanism, no conflicts occurred in the 
last 25 years.  
Chile  Paragraph 2.16 (Bericht WTO -Sekretariat) address 
Switzerland and Liechtenstein participation in 
regional and bilateral FTAs and preferential trade 
agreements . In addition, Table A2.1 indicates 
Switzerland and Liechtenstein´s RTAs in force . 
Regarding the Agreements of these sections, Chile 
would appreciate if Switzerland and Liechtenstein 
could share information of the process through which 
they are incorporated to its national legislation.  The signed RTAs are submitted to Parliament, with 
an explanatory report of the Government, for 
approval . After approval by Parliament and in case 
no popular vote on the RTA is called for through the 
collection of the necessary signatures of voters 
within a period of 30 days, the ratification document 
is submitted to the Hereditary Prince for signature 
and for co -signature to the Head of Government . 
After the entry into force of the RTA for Liechtenstein   WT/TPR/M/425/Add.1  
 
- 191 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
In addition, Chile would appreciate if Switzerland an d 
Liechtenstein could share information regarding the 
process of incorporation of the decisions made by the 
Administrative Bodies of these Agreements, to 
Switzerland and Liechtenstein national legislation.  it is published in the Liechtenstein Legal Gazette and 
thereby becomes directly applicable in Liechtenst ein. 
Decisions adopted by the Joint Committees 
established under the RTAs are submitted to the 
Government for approval . After approval by the 
Government, the document of acceptance is 
submitted to the Hereditary Prince for signature and 
for co -signature to  the Head of Government . After 
their entry into force, the Joint Committee decisions 
are published in the Liechtenstein Legal Gazette for 
direct application.  
Chile Pages 87 -88, paragraphs 3.106 – 3.109  
(Secretariat Report):  Switzerland has concluded 
an MRA with the European Union and the 
EEA/EFTA States (which include Liechtenstein) . 
Both Switzerland and the EEA/EFTA States have 
concluded MRAs with Canada and with Turkey . 
Under an MRA, the importing country will 
recognize the conformity assessment carrie d out 
in the exporting country, thus concerned products 
will benefit from facilitated placing of goods on 
the market . The MRA reduces technical barriers to 
trade by helping companies avoid duplicate 
conformity assessments . The MRA concluded with 
the Europe an Union and the EEA/EFTA States in 
2002 is based on harmonized technical 
regulations in 20 sectors, which represented 
around two thirds of the total bilateral trade with 
the European Union in 2020 . The Parties maintain 
a list of all conformity assessment bodies notified 
and recognized under the Agreement.  
While the Switzerland -EU/EEA MRA was updated  
in 2017 to maintain the mutual market access  
in 11 of its 20 sectors, the inability to reach 
agreement on the Swiss -EU institutional 
framework agreement in May 2021 (Section 
2.3.2.4) questions the future of the MRA . The 
Federal Council announced that it intends to 
continue updating the MRA, as it is in both 
parties' interests to sustain the Agreement . Swiss 
and EU technical regulations for medical devices 
are fully harmonized . Nevertheless, new EU 
standards for medical devices were introduced in 
May 2021, and the European Union declined the Paragraphs 3.106 to 3.109 address Switzerland and 
Liechtenstein´s mutual recognition agreements 
(MRAs) celebrated with several WTO Members and 
States . In this regard, Chile would appreciate if 
Switzerland and Liechtenstein could share more 
information regarding these MRAs, particularly those 
related with medical devices and medicinal products . 
In addition, Chile would appr eciate further 
explanation whether those MRAs are binding 
commitments subject to WTO dispute settlement 
mechanism, or if they are applied on a voluntary 
basis.  Article 6.3 of the TBT Agreement encourages WTO 
Members to enter into mutual recognition 
agreeme nts with respect to conformity assessment 
procedures . The conclusion of such agreements is 
voluntary . Once the agreements have entered into 
force, they create binding obligations on the parties 
to the agreement to accept or recognize the results 
of conformity assessment procedures carried out in 
another party . The agreements do not entail mutual 
acceptance of the standards or technical regulations 
of the parties or mutual recognition of the 
equivalence of such standards or technical 
regulations, unle ss otherwise specified in a sectoral 
annex.  
The basis of the MRAs of the EEA/EFTA States is 
Protocol 12 of the EEA Agreement . The EEA/EFTA 
states make parallel equivalent MRAs to the EU MRAs 
with the states where there is an economic interest . 
In the secto rs with an MRA, products can circulate 
freely within the EEA/EFTA States and the EU . 
According to Protocol 12 of the EEA Agreement, any 
disputes in relations with third countries (MRA 
Contracting Parties) are settled according to the 
relevant provisions of  the EEA Agreement . So far, 
there has not been a case concerning dispute 
settlement.    WT/TPR/M/425/Add.1  
 
- 192 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
update of the chapter on medical devices in the 
MRA to reflect those changes and agree on the 
trade -facilitating effects . As a result, the MRA no 
longer covers medical devices in accordance with 
the Medical Devices Regulation (MDR) of the 
European Union . Medical devices from the 
European Union and from Switzerland must now 
comply with regulations applicable to third 
countries  to enter both markets.  
An MRA was developed between Switzerland and 
the United Kingdom to continue to facilitate trade 
in goods, where possible, following the United 
Kingdom's departure from the European Union . It 
covers 3 of the 20 sectors included in th e 
Switzerland -EU/EEA MRA and replicates the same 
rights and obligations on motor vehicles, good 
laboratory practices, and good manufacturing 
practice inspection for medicinal products and 
batch certification . These product areas were 
chosen as the standard s underlying their 
technical regulations were developed by 
international organizations to which both 
Switzerland and the United Kingdom are 
members . 
Liechtenstein, along with Iceland and Norway, 
has also concluded an MRA with New Zealand, 
which entered int o force in 2000, with Australia 
(2000, an updated version of 2018 has yet to 
enter into force), and with the United States 
(2006).  
 
Thailand  Pages 76 -77, paragraphs  3.66 – 3.67 (Secretariat 
Report)  Are foreign businesses in Switzerland and 
Liechtenstein eligible for the support measures 
introduced in response to the COVID -19 pandemics?  In Liechtenstein, foreign businesses are not eligible 
for such support measures.  
China  Page 69, paragraph  3.44 (Secretariat Report)  
 
As at the time of the previous Review, 
Switzerland and Liechtenstein continue to apply 
import prohibitions largely for reasons of security, 
health, and protection of the environment (Table 
3.10).  Please elaborate on the considerations and standards 
for setting import prohibitions related to 
environmental protection.  Liechtenstein adopt s these import prohibitions from 
Switzerland via the Customs Treaty . Liechtenstein 
therefore kindly asks to refer to the answer provided 
by Switzerland for further information.  
China  Page 11, paragraph  19 (Secretariat Report) : 
Switzerland's regime of pric e surveillance and 
prevention of abusive pricing by public and Does Liechtenstein maintain price controls on 
traditional Chinese medicine?  Liechtenstein does not maintain a separate system of 
price controls.    WT/TPR/M/425/Add.1  
 
- 193 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
private monopolies or enterprises with market 
power remained unchanged . Under the Law on 
Price Surveillance, the Price Supervisor is 
responsible for observing price developments and 
preventing abusive price increases or abusive 
price maintenance in any market where the price 
level is not the consequence of effective 
competition . At the federal level, Switzerland 
maintains administrative prices for medicines, 
electricity, gas, water, basic teleco mmunications 
services, airport taxes, and notary services . 
Liechtenstein maintains price controls on public 
transport, telecommunications, postal and 
medical services, and drugs and medical 
equipment.  
China  Page 12, paragraph  24 (Secretariat Report) : In 
2020, Switzerland updated its Nationally 
Determined Contribution under the Paris 
Agreement to commit to reduce greenhouse gas 
emissions by at least 50% by 2030, compared to 
1990 levels, and to achieve climate neutrality by 
2050. Following the rejection by the Swiss 
electorate in June 2021 of a comprehensive 
revision of the Swiss CO2 Law, the Federa l 
Assembly in December  2021 adopted a partial 
amendment to temporarily prolong some limited 
and unchallenged aspects of the CO2 Law during 
the period 2022 -2024. A new proposal for a 
comprehensive revision of the CO2 Law to 
continue to reduce greenhouse gas  submissions 
beyond this period is currently the subject of 
consultations.  
Page 12, Para 25 (Secretariat Report) : In 2020, 
Liechtenstein adopted a new Energy Strategy 
2030 and Energy Vision 2050, the purpose of 
which is to further increase the use of energ y 
from renewable sources . Liechtenstein's CO2 Law 
derives directly from the Swiss CO2 Law but 
differs with respect to the allocation of the 
revenues from the CO2 tax.  Please elaborate on the provisions in the current CO2 
Law on the taxation of CO2 and the allocation of 
related tax revenues in Switzerland and 
Liechtenstein.  In Liechtenstein, revenue from the CO2 tax on fuels 
is allocated according to the amounts paid by the 
population and the economy . Consequently, it is first 
determined which shares of the revenue were paid 
by the economy and the population . The population's 
share is entirely used to finance environmental policy 
measures . Two-thirds of the share of the economy 
are redistributed in accordance to the relevant salary 
of the employees via th e Liechtenstein old -age and 
survivors' insurance (AHV) . One third of the 
industry's share is used to finance environmental 
policy measures.    WT/TPR/M/425/Add.1  
 
- 194 - EU Page 172, p aragraph 4.253 (Secretariat Report) :  
In 2019, Liechtenstein became the first country in 
the world to  adopt comprehensive legislation on 
an emerging type of financial service providers, 
trustworthy technology ( "TT") service providers.  Could you share Liechtenstein 's experience so far ? 
Does the new, pioneering arrangement meet your 
initial expectations ? What works well ? What doesn 't? With the TVTG (Blockchain Act), Liechtenstein aimed 
to achieve several goals:  
1) Protection of consumers/users  
This goal has been reached by creating a civil 
law fundament and the registration obligation 
of service providers . The civil law fundament is 
crucial for the treatment of tokens in the legal 
system (clarification of ownership/possession, 
the possibility to declare tokens to be stolen 
(hacked) with the police, the legal fundament 
for the tokenization of right s and the 
synchronisation of tokens and rights) . The civil 
law fundament has been intensively discussed 
in academia and in practice and has been 
accepted as a far -reaching, suiting and 
comprehensive way to create legal certainty.  
The protection of consumer s by the 
registration of TT service providers has also 
proven to be the right way . Registration 
creates a certain level of trust, by checking the 
qualification and properness of the responsible 
persons and the quality of the internal 
processes . In case of problems, the FMA is 
able to withdraw the registration to prevent 
further damage and thus protect costumers.  
The legal obligations for token and key 
custodians to segregate the tokens in the case 
of insolvency are also an important pillar of 
consumer prote ction. Nevertheless, in practice 
we have experienced problems to fulfil this 
duty by custodians which use foreign service 
providers/servers for the storage of 
tokens/keys . At the moment, Liechtenstein is 
the only country in the world, where all tokens 
are by law segregated in the case of 
insolvency.  
The duty to publish a white paper for ICO, 
combined with a legal liability for due diligence 
has also proven to be essential for consumer 
protection.  
In future, Liechtenstein recognizes a great 
need to further e ducation of consumers to 
demonstrate the potential harms in the 
Blockchain ecosystem.  
2) Legal Clarity for Service Providers    WT/TPR/M/425/Add.1  
 
- 195 - The hurdle for market entry is higher than 
in many other countries where 
token -related services are still largely 
unregulated . The TVT G - and thus the 
location Liechtenstein - has therefore 
become interesting for companies that value 
legal and planning security and consciously 
want to present themselves to their 
customers as a "regulated TT service 
provider" . Already in 2016 with the sta rt of 
the conception of the TVTG, it was apparent 
that international regulation, including in 
particular standards in the areas of 
anti-money laundering and 
counter -terrorism financing, as well as 
international tax cooperation, were evolving 
relatively rap idly and would soon include 
blockchain applications . Companies that 
have dealt with increased regulatory 
requirements early on are thus one step 
ahead and will have an easier time in the 
future.  
What has proven to be essential for success 
is an open commun ication channel and 
discussions between the financial market 
authority, market participants and regulator 
and to apply a risk -based and 
market -oriented approach.  
3) Support of the authorities  
The civil law and the legal definitions 
provided in the TVTG have p roven to be an 
important basis for the work of all 
authorities (like police, state prosecutor, 
courts, Financial Intelligence Units, and 
most importantly for the FMA) . 
Liechtenstein has realized that there is a 
great need for establishing knowledge about 
the new technologies in the authorities in 
order to clearly identify and understand the 
risks and challenges as a sound fundament 
for their work.  
4) Fostering the development of the token 
economy and the manifold applications of 
blockchain in Liechtenstein.  
One important goal of the Government was 
to foster the development and the transfer   WT/TPR/M/425/Add.1  
 
- 196 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
of knowledge about the blockchain 
technology in Liechtenstein, to both support 
the private sector as well as the authorities . 
The Liechtenstein ecosystem has evolved 
strongly , including the University of 
Liechtenstein with research and education, 
private experts and initiatives, as well as 
the public agencies (SFID and FMA).  
Philippines  Page 26, p aragraph  1.31: In January  2021, the 
Government unveiled its long -term policy 
strategy on climate change to be carbon neutral 
by 2050 . It notably aims at reducing carbon 
emissions along entire value chains in Switzerland 
but also taking into consideration goods and 
services imported, applying the principle of 
circular economy  to the extent possible . Three 
quarters of the total Switzerland carbon footprint 
is created abroad . The Government thus 
promotes sustainability provisions in free trade 
agreements . After the rejection of the revised 
CO2 Act by popular vote in 2021, the 
Government submitted a new proposal on 
17 December  2021 to meet the objectives of its 
long-term climate strategy (Section 4.2.2.1.3).  1) Could Switzerland and Liechtenstein elaborate 
on plans to achieve its climate change targets?  
2) How is the government 's policy  strategy 
different/similar to the EU Green Deal policy?  1) Liechtenstein has set different goals and 
measures in 2020 to reduce its carbon 
footprint as part of the energy  
strategy 2030 . These goals and measures (e.g. 
reduction of the energy demand and increase 
of renewable energies) aim at the energy 
sector due to its big portion of the total 
emissions.  
2) Liechtenstein is part of the EEA and therefore 
implements all the relevant EU acts from the 
EU Green Deal.  
Philippines  Page 44, p aragraph  2.25: The RTA between EFTA 
and the Philippines entered into force  
on 1 June 2018, at which point Switzerland and 
Liechtenstein abolished customs duties on all 
imports of non -agricultural products and some 
imports of agricultural products . There are 1,491 
agricu ltural tariff lines (at the 8 -digit level) that 
remain dutiable.  1) What are the benefits of the EFTA -PH 
Agreement to both Switzerland and 
Liechtenstein?  
2) Can you share any difficulties that Switzerland 
and Liechtenstein face in accessing PH 
markets ? How do yo u think PH can better 
improve/address these difficulties?  Besides improved market access for goods and 
services, the FTA provides enhanced legal certainty 
and facilitates exchanges between economic 
operators from Liechtenstein and the Philippines . We 
are currently not aware of any difficulties for 
exporters from Liechtenstein to access PH markets.  
Philippines  Page 110, p aragraph  3.193 : During the review 
period, Switzerland actively participated in the 
TRIPS Council discussions on, inter alia, 
supporting micro, small and medium -sized 
enterprises (MSMEs) to take advantage of IPRs 
for their business activity, and co -sponsored 
several initiatives such as the promotion of 
public -private collaborations in IP innovation and 
commercialization and the s ocietal value of IP in 
the new economy.  Can Switzerland and Liechtenstein provide 
information on their best practices in promoting IPRs 
to their MSMEs?  For companies in Liechtenstein, IP protection is very 
important . That is why IP innovation and 
commercia lisation is an important issue in 
Liechtenstein . The value of IP is widely known and 
therefore no special promotion activities are 
necessary or planned.    WT/TPR/M/425/Add.1  
 
- 197 - Philippines  Page 154, p aragraph  4.151  (Secretariat Report) : 
In terms of market structure, the leading fixed 
telecom operator is Telecom Liechtenstein AG 
(59% market share in 2020, down from 72% in 
2016 for Internet broadband service) . For mobile 
telephones services, the main providers had in 
2019 a respective market share of 45% for Salt 
(Liechtens tein) AG/Salt Mobile SA, 34% for 
Swisscom (Schweiz) AG and 21% for Telecom 
Liechtenstein AG . All mobile providers maintain 
their own network in Liechtenstein . Swisscom 
(Schweiz) AG and Salt Mobile SA have a 
significant number of cross -border customers 
living in Liechtenstein, who subscribe to their 
Swiss mobile networks (with Swiss number and 
contracts subject to Swiss legislation over which 
the National Regulatory Authority of Liechtenstein 
has no jurisdiction) . These foreign subscriptions 
had a market sha re of 67% in 2020 . Some two 
thirds of all registered enterprises are fully or 
partly owned by foreigners . Salt (Liechtenstein) 
AG and Swisscom (Schweiz) AG are 100% 
foreign -owned.  
 
Page 154, p aragraph  4.158 : The regulatory 
framework for telecommunications has partially 
autonomously transposed the EU Telecoms  
Package 2009 (Directives 2009/136/EC  
and 2009/140/EC as well as Regulation (EC) 
1211/2009) . Currently, Liechtenstein is in the 
process of transposition of the European 
Electronic Communications Code E ECC (directive  
(EU) 2018/1972 of 1 1 December  2018) and of 
several delegated legal acts linked to the EECC, 
such as the Eurorate delegated regulation  
(EU) 2021/654 of 1 8 December  2020. 
Furthermore, Liechtenstein is currently preparing 
the incorporation of  the new Roaming Regulation 
into the EEA Agreement.  
 
Page 155, p aragraph  4.162 : Number portability is 
a new regulatory feature that was implemented 
during the period under review respectively in 
2019 for fixed telephony and in 2020 for mobile 
numbers, by r egulatory decision of August  2018 
based on the Communications Act after a Based on the experience of Liechtenstein, how did 
the 1) liberalization of the telecoms market ; 2) EU 
Telecoms Package 2009 ; 3) roll out of mobile 
number portability program ; 4) elimination of the 
licensing system ; and 5) EEA transposition that 
opened the Internet and abolished the roaming 
services, affect the overall service quality and 
competitiveness in the sector ? Further, how did the 
Frequency Allocati on Plan (FAP) affect the overall 
spectrum management of the country ? What may be 
the disadvantages?  In Liechtenstein a highly competitive market has 
developed . The mainstay of this development is the 
liberalization of the telecom market, since 2006 on 
the basis of the Communications Act, which 
transposed the 2002 EU framework . Based on 
general authorisation, operators and providers must 
notify identity and services (no other requirements) 
before entry of the market . The 2009 package had a 
rather punctual ro le, regarding the general 
development of competition . The introduction of the 
obligation to offer number portability was important 
in both the mobile and fixed market . In the fixed 
telephone market, the portability obligation was a 
basic requirement for th e alternative providers of 
VoIP-wholesale offers, who entered the Liechtenstein 
market and initiated high competition in the fixed 
telephone market . The vertical separation for the 
network infrastructure from the provision of services 
is very unique and ha s proved to be the major driver 
of market entries and competition. [In short : The 
infrastructure of national coverage is built by the 
national utility LKW, which offers passive 
infrastructure (copper and fibre, backhaul fibre, 
collocation, ducts) to notifi ed providers, with no 
other offers of active services to the wholesale or 
retail market . There is no other fixed network 
infrastructure of national coverage ; the incumbent 
and all alternative providers rent infrastructure from 
the utility] . The access to t he physical network 
infrastructure is regulated (price caps, standard 
offers), based on the  
EU 2002 framework . All other regulations related to 
significant market power of service providers have 
been lifted or are insignificant and are about to be 
lifted. The roam -like-at-home regulation 
strengthened the competitiveness of the 
Liechtenstein MNO offerings vs . Swiss MNO offerings, 
which have a significant market share, and the 
roam-like-at-home regulation resulted in intense 
competition leading to high incre ases of included 
data, voice and SMS volumes . The frequency 
allocation plan (FAP) provided for an efficient overall 
spectrum management, there are no drawbacks.    WT/TPR/M/425/Add.1  
 
- 198 - consultation procedure that had shown that 
reasons justifying exemptions from portability 
obligations did not exist anymore.  
 
Page 155, p aragraph  4.166 : The Office for 
Communications  remains the competent national 
regulatory authority.82 Regarding licensing  
the 2006 Communication Act eliminated the 
licensing system . All activities in electronic 
communication are licence -free; however, a 
notification to the Liechtenstein Office for 
Communications, the national regulatory 
authority, is required.  
 
Page 156, p aragraph  4.169 : Open Internet and 
abolition of roaming were instituted  
in 2015 following EEA transposition intervened 
during the period covered by the previous TPR 
report . With regulation (EU) 2015/2120 and 
several successive regulations, which are 
effective  
from 1 5 June 2017, roaming services at 
conditions like at home were introduced as  
from 1 5 June 2017, and retail charges for the 
consumption of regulated retail roaming services 
in excess of any fair use limits were reduced, 
most relevantly for data roaming from EUR 7.7 
per gigabyte of data transmitted in June 2017 to 
currently EUR 2.5 per gigabyte (valid  
from 1 January  2022 to 3 0 June 2022).  
 
Page 156, p aragraph  4.170 : Finally, regarding 
spectrum management, the Liechtenstein 
Frequency Allocation Plan (FAP) consists of 
several parts, including the principles of spectrum 
management . These principles are described with 
a transparent approach on both national and 
internatio nal levels . The integral components of 
FAP are : frequency ranges and radio interface 
requirements, as well as comprehensive lists of 
specific assignments and harmonized frequency 
ranges . All the relevant European Conference of 
Postal and Telecommunications  Administrations or 
European Commission decisions are also listed 
and referenced in the FAP.    WT/TPR/M/425/Add.1  
 
- 199 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
Philippines  Page 171, p aragraph s 4.247 – 4.256 (Secretariat 
Report) : 
 
4.247 . The provision of e -money services (issuing 
of electronic money and provision of payment 
services by issuers of electronic money) is 
governed by the Electronic Money Law of 
2011143 and its corresponding Electronic Money 
Ordinance , as well as by new legislation adopted 
during the period under review, the Payment 
Services Law of 2019145 and its corresponding 
Payment Services Regulation. All of these legal 
instruments are based on EU  
Directives 2009/110/EG (E -MoneyDirective)147 
and (EU) 2015/2366 (Payment Services  Directive 
II). 
 
4.248 . The Electronic Money Law lays down the 
prudential requirements for taking up the 
business of e -money institutions . Issuing 
electronic money requires a licence granted by 
the FMA . The Payment Services Law governs the 
provision of pay ment services and the operation 
of payment systems . To obtain a licence, 
e-money institutions must fulfil various 
conditions, inter alia, being a legal person and 
having their registered office and head office in 
Liechtenstein . The members of the board of 
directors may have their domicile outside of 
Liechtenstein, if they fulfil the obligations of their 
functions ; they must be authorized to fully 
represent their company . The minimum required 
fully paid -up initial capital is CHF 350,000. 
 
4.249 . Depending on  the licensed activity in 
question, there are different capital requirements . 
Under the Electronic Money Law, e -money 
institutions are required to hold the minimum 
required fully paid -up initial capital  
of CHF 350,000. Under the Payment Services 
Law, the minimum capital requirements for 
payment institutions differ depending on the type 
of payment services provided and authorized.  Is Liechtenstein open for investments in terms of 
fintech and e -payments ? What are the requirements 
or licenses needed?  
 Liechtenstein is open for investments in terms of 
fintech and e -payment . Since 2016, the Government 
is fostering this development  regarding digital 
transformation in the financial sector and has 
established several processes and resources (such as 
the Regulatory Laboratory and the 
Fintech -Competence Team at the Financial Market 
Authority and the Office for Financial Market 
Innovatio n and Digitalisation).  
Fintechs might fall under financial market regulation, 
which is harmonized within the European 
Union/European Economic Area . Depending on the 
activity, a fintech -company might be licensed as a 
bank, payment service provider, e -money institute, 
securities firm, asset manager, exchange, insurance 
company, etc. F intechs often fall under the scope of 
the TVTG, the Liechtenstein block -chain act.    WT/TPR/M/425/Add.1  
 
- 200 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
4.250 . As of 3 1 December  2020, four e -money 
institutions were licensed in Liechtenstein with a 
total of CHF 27,7 million  in asse ts and 
CHF 7 million  in e-money issued.  
 
4.251 . Subject to relevant EEA law, e -money 
institutions from Liechtenstein, as well as from 
any other EEA Member State, may offer their 
services across the EEA under the freedom to 
provide services ("cross -border") or the right to 
establishment (branch) . E-money institutions 
from outside the EEA may in principle offer their 
services in Liechtenstein only through a local 
subsidiary . The establishment of such a 
subsidiary requires a licence granted by the FMA.  
 
4.252 . Like the Payment Services Law and the 
Banking Law, the Electronic Money law contains 
provisions on qualifying holdings in an e -money 
institution, own funds requirements, requirements 
for safeguarding funds received from their 
customers, outsourcin g of functions, the use of 
third parties or agents, external auditing, 
information exchange, cooperation between 
competent authorities, and FMA administrative 
and criminal sanctioning powers.  
 
4.253 . In 2019, Liechtenstein became the first 
country in the w orld to adopt comprehensive 
legislation on an emerging type of financial 
services providers, trustworthy technology ("TT") 
service providers . The Token and TT Service 
Provider Law entered into force on 
1 January  2020 together with the Ordinance on 
Tokens a nd TT Service Providers . This is 
autonomous legislation that does not derive from 
an EEA transposition of the EU acquis as the EU 
regulation in that respect is still under discussion.  
 
4.254 . The new law divides TT service providers  
into 10 categories : (i) Token Issuers : persons 
professionally offering tokens to the public in the 
name of third parties ; (ii) Token Generators : 
persons who create original tokens on behalf of   WT/TPR/M/425/Add.1  
 
- 201 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
third parties ; (iii) TT Key Depositaries and TT 
Token Depositaries : persons who safeg uard 
tokens or private keys for third parties, e.g. in a 
safe or a collective wallet ; (iv) TT Protectors : 
persons who hold tokens on TT systems in their 
own name on account of third parties ; (v) 
Physical Validators : persons who ensure the 
enforcement of ri ghts in accordance with the 
agreement, in terms of property law, to goods 
represented in tokens on TT systems ; (vi) TT 
Exchange Service Providers : persons who 
exchange legal tender for tokens and vice versa 
as well as tokens for tokens ; (vii) TT Verifying 
Authorities : persons who verify the legal capacity 
and the requirements for the disposal over a 
token ; (viii) TT Price Service Providers : persons 
who provide TT system users with aggregated 
price information on the basis of purchase and 
sale offers or comp leted transactions ; (ix) TT 
Identity Service Providers : persons who identify 
the person in possession of the right of disposal 
related to a token and who record it in a 
directory ; and (x) TT Agent : a person who 
professionally distributes or provides TT ser vices 
on behalf of and for the account of a foreign TT 
service provider.  
 
4.255 . TT Service Providers must hold a 
registration by the FMA prior to taking up 
business activities . An exception exists for 
persons who publicly offer tokens in their own 
name (o wn issuance) if the value of the tokens 
issued during 12 months does not exceed 
CHF 5 million. T he registration obligation exists 
regardless of whether another licence has already 
been granted by the FMA . A bank licensed in 
Liechtenstein that safeguards to kens for clients 
must therefore additionally register as a TT Token 
Depositary . By the end of 2021, 18 TT providers 
had registered with the FMA, applying  
for 39 different TT services.  
 
4.256 . TT service providers are not subject to 
ongoing prudential supervision in the same way   WT/TPR/M/425/Add.1  
 
- 202 - Member 
State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
as licensed financial intermediaries (e.g. 
transparency obligations, comprehensive 
reporting obligations, or periodic external audits), 
but rather to event -driven supervi sion. 
Philippines  Page 25, p aragraph  2.36 (Government Report ): 
In order to further facilitate the interaction with 
the public administration, the Government is 
currently advancing the digitalisation of most 
public services, for example including 
identification and payment services . For that 
purpose, a "Digitalisation Roadmap for the 
Liechtenstein Public Administration" was 
developed in 2020 . The Roadmap, which includes 
more than 100 digitalisation projects across 29 
public offices, is to be implemented in the coming 
years . In its e -Government Act, the government 
has stipulated that from 2023 onwards, all 
communication between companies and public 
authorities must be conducted electronically.  Can you share some key policies, projects, or 
activities set out in Liechtenstein 's Digitalization 
Roadmap?  Introduction : 
The e -government strat egy has the goal to provide 
all public services digitally . Citizens and companies 
(both referred to as customers) can access their data 
and use it in administrative and business processes, 
using the "once-only" principle . Efficiency, 
convenience, automatio n, service and data security 
play a key role here.  
In Liechtenstein, for example, the eID (electronic 
identity) has been available since 2020 . By 
authenticating with their eID, customers gain access 
to their personalized citizen account where they can 
access their personal data and use it in 
administrative and business processes . For example, 
a physical signature is no longer necessary in 
dealings with the authorities . With the eID, 
applications can be completed online and submitted 
directly in digital form . Regardless of opening hours, 
many services are  
available 24/7.  
Although the state administration is relying heavily 
on e-government to facilitate access to 
administrative services and make business processes 
more efficient, citizens and companies continue to 
have non -electronic access to all administrative 
services.  
 
Digitalisation Roadmap : 
Based on the strategic and legal requirements, a 
digitalization roadmap was developed for the 
Liechtenstein National Administration.  
The aim of the di gitalization roadmap is to prioritize 
and consolidate the projects in the individual offices 
and staff units, to distribute the available resources 
appropriately, and to build up digitalization expertise 
among all those involved.  
 
Organization : 
Since the d igitalization of the state administration is 
not a standard IT project, the aim is for the offices   WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
and staff units to drive forward their projects as 
independently as possible and to use technological 
options to design processes and procedures in such a 
way that the goals of the Digital Agenda and the 
eGovernment Strategy can be met . For this reason, 
defining responsibilities and roles and planning 
resources while taking bottlenecks and dependencies 
into account is very important.  
 
Success monitoring and an nual updating of the 
digitalisation roadmap  
In order to obtain an overview of the status of the 
respective projects, a portfolio management was 
developed in order to be able to carry out an ongoing 
progress control (success control).  
 
In order to ensure up -to-date planning for the 
coming years and a realistic budgeting basis, the 
digitalisation roadmap is updated annually so that it 
can be taken into account during the annual 
budgeting process.  
Argentina  Paragraph 2.36 (Government Report) : indicates 
that Liechtenstein does not grant traditional 
export subsidies or guarantees, or subsidies to 
companies, with the exception of those granted to 
the agricultural sector.  What do these subsidies to the agricultural sector 
consist of?  The subsidies  to the agriculture sector, also known 
as direct payments, consist of income supplements, 
environmental and animal welfare payments and 
payments for countryside stewardship in hilly and 
mountainous regions as indicated in the report by 
the secretariat for Switzerland Liechtenstein (Table 
4.3 on page 126).  
Mexico 3.120. (Secretariat Report) : Liechtenstein does 
not have a national standardisation body, but is 
integrated in the standardi zation process with 
regard to harmonised European standards on the 
basis of Regulation (EU) No. 1025/2012 on 
European standardisation, and participates 
financially in the mandates for their development.  What is the criterion for determining whether the 
review will be at 3 or 5 years ? Does the review for 
standards act as a "mirr or committee" with the EU?  Liechtenstein has not developed its own criteria for 
the time frame of the reviews . It is up to the EU to 
decide whether a review takes place after 3 or 5 
years.  
UK Secretariat Report (S425)  
4 TRADE POLICIES BY SECTOR  
4.4 Services  How are Switzerland & Liechtenstein planning on 
liberalising trade in cross -border services (Mode 1) to 
mitigate the trend of reduced business travel 
following the Covid -19 pandemic?  In the context of the Covid -19 pandemic, no specific 
liberalisat ions are foreseen in the area of 
cross-border services (Mode 1) . However, 
Liechtenstein is participating in the Joint Statement 
Initiative on E -Commerce at the WTO . Global 
disciplines for digital trade will promote the 
cross-border provision of services re gardless of any 
trend of reduced business travel.  
   WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
UK Secretariat Report (S425)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6 Government Procurement  
Paragraph 3.361 (Seite 101 ff. im 
Sekretariatsbericht)  The UK notes that there is not a section on 
Liechtenstein 's government procurement . The UK 
requests Liechtenstein provides further detail on 
their procurement system in the vein of Switzerland's 
response.  1.1.  In Liechtenstein, in addition to the GPA 2012, 
the EFTA Convention and FTAs concluded by EFTA, 
government procurement is governed by relevant 
EEA rules (EU Directives and directly applicable EU 
regulations) . The threshold values are those set by 
the EEA . In 2018, four  EU directives ( 2014/24/EU, 
2014/25/EU, 2014/23/EU and 2014/55/EU ) were 
incorporated into national law and Liechtenstein's 
legislation on public procurement was updated . The 
two relevant pieces of legislation are the Law on 
Sectoral Public Proc urement, which concerns public 
works contracts and supply and services contracts 
concluded by public utilities on water, energy, 
transport, and postal services  and the Law on Public 
Procurement, which governs all other public 
purchases) .9 The Law on Public Procurement applies 
to public purchases and to projects jointly 
undertaken by public and private entities when the 
financial contribution of the public contracting entity 
exceeds 50%.  
 
1.2.  Contracts above the EEA thresholds (which are 
lower than GPA 2012 thresholds) are awarded 
according to international rules ; they are announced 
in the EU electronic government procurement 
system . The available procurement methods as set 
by Art icle 21-29 Law on Public Procurement are open 
or non -open procedures and, in e xtraordinary 
circumstances, competitive dialogue or a negotiation 
procedure with or without prior notice . For contracts 
below the EEA thresholds, contracting authorities  
usually use open or selective tendering . Under 
specified circumstances, a negotiation procedure or 
direct award may be used . Since 2018, a contracting 
authority may also use a procedure termed the 
"innovation partnership" . This procedure has not yet 
been used in practice . There are no preferences for 
local suppliers . A joint declaration by Liechtenstein 
and certain neighbouring Swiss cantons enables 
suppliers from the latter to participate in tenders (on 
a reciprocal basis) for contracts below the EEA 
 
9 See Law of 19 June 199 8 on Public Procurement (LR 172.051). Viewed at: https://www.gesetze.li/konso/1998.135 ; and Law of 21 September 2005 on Sectoral Public 
Procurement. Viewed at: https://www.gesetze.li/konso/2005.220 .   WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
thresholds . For statistical information on 
internationally awarded contracts, see Table 3.4 
below.  
 
1.3.  Under the two domestic laws mentioned above, 
contracts are awarded to the most economically 
advantageous tender, which must be identified on  
the basis of  the price or cost, using a 
cost-effectiveness approach, such as life -cycle 
costing, and may include th e best price -quality 
relationship . The authority responsible for 
government procurement is the Specialised Unit for 
Public Procurement, which is  a department  of the 
Government Chancellery . Complaints relating to  
government procurement procedures may be lod ged 
with the Complaints Commission in  Administrative 
Matters, the Administrative Court, or with the EFTA 
Surveillance Authority if EEA provisions are at issue.  
Table 3. 36.1 Government procurement in 
Liechtenstein, 2016 -2020  
Note:  The terms "open tendering", "selective 
tendering" and "limited tendering" are 
used here as they have been defined in 
Article I:h), m) and q) of the GPA 2012. Government contracts awarded and covered by the GPA  2012 (CHF  million) (at or above 
the GPA  2012 thresholds)  Year 
Open 
tendering  
Restricted 
tendering  
Negotiated 
procedures  
As a 
percentage 
of the total 
value of all 
government 
contracts 
awarded 
2016 97% 2% 1%  
2017 85% 4% 11%  
2018 75% 11% 14%  
2019 89% 0% 11%  
2020 88% 1% 11%    WT/TPR/M/425/Add.1  
 
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3 TRADE PO LICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1 Taxation and Incentives  
Paragraph 3.146 Competition law  Could Liechtenstein please provide further 
information on its domestic enforcement of EEA 
competition law, including the incorporation of EEA 
directive/regulations into national law and which 
competition matters fall within the jurisdiction of the 
Office of Economic Affairs as opposed to 
Liechtenstein's courts?  Liechtenstein has neither a national cartel law or  a 
national merger control law nor a national 
competition authority . Competition issues are dealt 
with mainly under the EEA - and EFTA -treaties.  
The Act of 2 3 May 1996 regarding the 
Implementation of the Competition Rules in the EEA 
regulates the implementa tion of the competition 
rules of the EEA Agreement (Articles 53 to 60 of the 
EEA Agreement and its Annex XIV ; in particular, 
Articles 53 and 54 which mirror  
Articles 101 and 102 of the Treaty on the Functioning 
of the European Union) . According to Art icle 2 
paragraph  1 of this Act, the Office of Economic 
Affairs is responsible for the implementation of the 
European competition rules by supporting the EFTA 
Surveillance Authority (or the European Commission) 
unless the Act does not determine jurisdiction of the 
courts . The legal jurisdictions of the Office of 
Economic Affairs are exemplary listed in Art icle 2 
paragraph  2 of the Act, e.g. administrative 
assistance in the cases of  
Article 55 par agraph  1 of the EEA Agreement . On the 
other hand, to give an examp le, the Court 
(Landgericht) decides to conduct a house research at 
the request of the Office of Economic Affairs, see 
Article 4 of the Act of 2 3 May 1996. 
 
The Act of 2 2 October  1992 on unfair competition is 
aimed at clarifying consumers' rights and simplifying 
cross-border trade . It was amended in 2008 to 
implement EC Directive No. 2005/29/EC on unfair 
business -to-consumer commercial practices .  
On 1 June 2022, the latest revision comes into law 
implementing the Directive (EU) 2016/943 of the 
Europea n Parliament and of the Council  
of 8 June 2016 on the protection of undisclosed 
know -how and business information (trade secrets) 
against their unlawful acquisition, use and disclosure 
and the Regulation (EU) 2018/302 of the European 
Parliament and of the  Council  
of 28 February  2018 on addressing unjustified 
geo-blocking and other forms of discrimination based 
on customers' nationality, place of residence or place 
of establishment within the internal market and 
amending Regulations (EC) No 2006/2004 and ( EU) 
2017/2394 and Directive 2009/22/EC . The   WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
prosecution of infringements of the provisions of the 
Act on unfair competition (imposition of fines) falls 
within the jurisdiction of the Court (Landgericht), 
whereas the Office of Economic Affairs is responsibl e 
for alternative dispute resolution for consumer 
disputes and for cases according to Art. 8 of the 
Regulation (EU) 2018/302 (see Act  
of 4 November  2016 on alternative dispute resolution 
in consumer matters).  
Oman  2.2.2 The economic sectors  
The country r eport states in paragraph  2.32 that 
Liechtenstein, on 1 January  2020, implemented 
"Block chain Act ." With this new law Liechtenstein 
was the first country to introduce a 
comprehensive regulation of the token economy.  
 Could the Government of Liechtenstein share the 
policy that have been put in place to implement such 
Act? 
 The Liechtenstein Government has always 
understood governance as forward -looking and 
shaping rather than administering . With  
its 2019 financial center  strategy, the Government 
has created a guiding framework for the future 
positioning of the financial center in international 
competition.  
Ukraine  3.3.1.2.1 VAT  
Page 80 , paragraph  3.79 (Secretariat Report)  
 
The Report describes measures taken to revise 
the VAT system concerning mail order companies . 
It informs that on 2 4 September  2021 the Federal 
Council proposed a new change to the system 
that will make online platforms liable to pay the 
tax on all sales of goods they facilitate . Thus, the 
platform (deemed supplier) on which the sale has 
been concluded, and not the seller of the goods 
(underlying seller), has to impose the VAT . 
Foreign companies not using a platform, and 
which meet the CHF 100,000 threshold, will still 
remain liable to pay the VA T. Would Switzerland and Liechtenstein kindly provide 
advice relating to possible ways of encouraging our 
collaboration in the areas of IP, sharing of know -how 
and technology between interested stakeholders for 
further development of IP system and for prom otion 
of technological innovations in such sectors as 
manufacturing, construction, IT , etc., which are 
extremely important for recovery of our economy?  No answer provided by Liechtenstein, because the 
competent authority does not understand the 
question an d its relation to the text passage of the 
secretariat 's report referred to.  
Ukraine  4.1.3.3 Milk  
Page 126 , paragraph  4.51 (Secretariat Report)  
 
The Report informs that in Liechtenstein milk 
production is constrained by a production quota 
system and, in the context of the previous 
Review, the authorities stated that the 
advantages of the milk quota outweigh its 
disadvantages, and that representatives from the 
milk sector have declined an exit from the milk 
quota system.  Could Liechtenstein, please, provid e the main 
advantages of the milk quota system?  
 
What norms for milk yield and livestock number per 
one dairy farm does Liechtenstein use under the milk 
quota system?  
 The main advantages of the milk quota system are 
the avoidance of milk overproduction an d the 
adaption of milk delivery to selling conditions . A fixed 
milk quota combined with a fixed milk price supports 
the agricultural income . In addition, Liechtenstein is 
by this means exempted to contribute to the surplus 
disposal of milk by Switzerland, which forms a 
customs union with Liechtenstein . In recent years, 
the importance of the global milk quota in 
Liechtenstein has declined since for several reasons, 
less milk is produced and thus the milk quota is not 
used up.    WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
In 1988 Liechtenstein introduced  individual milk 
quotas because domestic milk production exceeded 
domestic milk consumption . Originally the allocation 
of individual milk quota depended on the number of 
cow stalls and was limited to 225 ,000 kg of milk .  
In 2000 the individual milk quotas were replaced by 
a global quota of milk produced in Liechtenstein, 
which provided much more flexibility to allocate 
individual milk quotas . Today the allocation of 
individual milk quota within the global quota is 
regulated in the ordinance about milk yield  
(https://www.gesetze.li/konso/2009199000?search_
text=mmr&search_loc=abk_list&lrnr=&lgblid_von=&
observe_date=27.04.2022 ). 
Today, the flexibility of individual milk quota is very 
high and in practice each farm can produce its 
preferred milk yield because the global milk quota is 
barely achieved.  
Ukraine  4.1.3.4 Grains, oilseeds, and sugar  
Page 127 , paragraph  4.60 (Secretariat Report)  
 
Under the Report, sugar production in Switzerland 
and Liechtenstein is constrained by quotas agreed 
on a private basis between  the sugar refineries 
and the sugar beet producers and there are 
surplus management that is handled by private 
actors.  Could Switzerland and Liechtenstein, please, provide 
the information about the functional activities of the 
surplus management in the con text of excess sugar 
production?  In Liechtenstein farmers receive an additional 
contribution for sugar beets used for sugar 
production under the condition that they have a 
supply contract with a sugar factory in Switzerland 
(https://www.gesetze.li/konso/2010067000?search_
text=lev&search_loc=abk_list&lrnr=&lgblid_von=&ob
serve_date=27.04.2022 ). 
There is no sugar surplus produced in the customs 
union between Liechtenstein and Switzerland.  
Ukraine  2.2 Trade and Economic Policy Environment  
2.2.3 State activities  
Page 25 , paragraph  2.39 (Government Report)  
 
The Report informs about the Investor Summit 
Liechtenstein that help s to connect start -ups and 
MSMEs seeking capital with top -class investors 
and decision -makers . Company presentations are 
at the heart of these event which are sponsored 
by the Liechtenstein Government as well as 
numerous other partners . Capital -seeking 
start-ups and growth -oriented MSMEs are given 
the opportunity to present themselves to a 
high-calibre audience and make interesting 
contacts . Decision -makers and investors are thus 
given the opportunity to get to know a wide Would Liechtenstein kindly clarify whether foreign 
start-ups and MSMEs can also participate in the 
Investor Summit Liechtenstein and present their 
companies (if so, please, inform on conditions of 
participatio n, place and dates of its holding)?  Foreign start -ups and MSMEs can participate under 
the same conditions as Liechtenstein companies . 
However, the focus is on regional start -ups and 
MSMEs . Investors come from all over Europe.  
   WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
variety of interesting investment opportunities in 
a very short time.  
Turkey  2.2 Trade and Economic Policy Environment, 
2.2.2 The economic sectors, 2.32, p. 24.  
 
It is stated in the Government Report that  
"On 1 January  2020, the Token and Trusted 
Technology Service Provider Act (TVTG) – also 
known as the "Blockchain Act." – entered into 
force in Liechtenstein . With this new law, 
Liechtenstein was the first country to introduce a 
comprehensive regulation of the token economy . 
On the one hand, the law regulates civil law 
issues in relation to client and asset protection . 
On the other hand, adequate supervision of the 
various service providers in the token economy 
has been established . In addition, there are 
measures to combat money laundering by making 
service providers subject to rules on anti -money 
laundering and the combating of financing  of 
terrorism . Furthermore, the law provides clarity 
and legal certainty with regard to digital 
securities. " Could Liechtenstein explain that what could be the 
profound implications of the Token and Trusted 
Technology Service Provider Act (TVTG) – also 
known as the "Blockchain Act.?  The substantial difference to other regulation 
approaches in other jurisdiction is that the TVTG 
offers an holistic and comprehensive legal framework 
for the entire token economy . It is a 
technology -neutral and principal -based  approach 
that warrants that it is flexible and stays applicable 
also to changing business models and potential 
future applications . It has created a legal basis and 
framework not just for digital assets (such as 
Bitcoin) but also for the tokenization of ana logue 
assets and the whole of the digital economy.  
Iceland   What is the participation of women in the economy 
of Switzerland and Liechtenstein?  The participation rate of women in Liechtenstein is 
68% (2019).  
Iceland   Have specific barriers that limit women 's 
participation in trade been identified?  No specific barriers have been identified in 
Liechtenstein, so far.  
Iceland   Have Switzerland and Liechtenstein implemented any 
specific measures to encourage women 's 
participation in trade and promote women 's 
entrepreneurship, or are such measures being 
developed?  In Liechtenstein, no such specific measures are in 
place. However, it is worth to mention that the quota 
of self -employed women in Liechtenstein is 6.5% 
(2015) whereas 6.1% of all men are self -employed . 
Women 's entrepreneurship and participation in trade 
are already widespread in Liechtenstein because 
most economic activities are related to cross -border 
trade.  
Iceland   Are the effects of trade policy on women and men 
measured and monit ored, and if so, how?  In Liechtenstein, a set of statistical indicators on 
gender equality is published on a regular basis by the 
Office of Statistics . The indicator system includes a 
series of economic indicators:  
 
• Participation rate  
• Wage differences  
• Self-Employment  
• Working hours    WT/TPR/M/425/Add.1  
 
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State  Reference to the relevant passage in the 
Secretariat Report/Government Report  Question  Answer  
• Types of professions  
• Unemployment rate  
• Senior management positions  
 
This set of indicators is an important tool to measure 
and monitor women 's economic participation, and 
therefore also participation in trade activ ities. 
 
__________