Trade Compliance Brief - Export Control and Sanctions Insights

Swiss Sanctions & Debt Enforcement: Case 4A_305/2025


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The Swiss Federal Supreme Court has just changed the rules of the game for international trade compliance.

In this episode, we provide a comprehensive analysis of the landmark March 2026 judgment in Case 4A_305/2025. This ruling establishes a "statutory moratorium" (Stundung) for debts linked to sanctioned entities under the Swiss Ukraine Ordinance, fundamentally altering how multinational companies (MNCs) manage cross-border liabilities and legal risks in Switzerland.

We break down the critical compliance shifts, including:

  • The "Statutory Suspension" Doctrine: Why sanctioned debts are now legally "paused" rather than extinguished under Article 119 CO.
  • Piercing the Corporate Veil: How the Court identified "effective control" behind an Angolan entity to enforce Russian sanctions.
  • Mandatory Public Law: Why Swiss judges must now investigate sanctions status ex officio (on their own motion).
  • Arbitration Enforcement: The new hurdles for enforcing LCIA and international arbitral awards in Swiss courts.
  • MNC Risk Management: Strategies for handling "Zombie Debts" and updated KYB (Know Your Business) protocols for 2026.

Whether you are a Chief Compliance Officer, General Counsel, or Trade Sanctions Specialist, this episode offers the legal clarity needed to navigate the intersection of Swiss private law and global geopolitical sanctions.

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Trade Compliance Brief - Export Control and Sanctions InsightsBy Pete