Since Russia invaded Ukraine in 2022, defence-adjacent tech startups have had a crash course in Swiss export control law. Drone manufacturers, sensor companies, and industrial tech firms discovered that their products sit in a legally sensitive category: goods that can be used for both civilian and military purposes, known as dual-use goods. For those founders, the regulatory landscape was already complex. The outbreak of hostilities between the United States, Israel, and Iran on 28 February 2026 has made it more complex still, and has brought a new group of companies into scope.
This article explains what dual-use export controls are, what the Federal Council’s recent decisions mean in practice, and what steps founders should take now, whether you are still pre-revenue or already shipping to US customers.
Does Export Control Law Apply to Your Company?
Not every technology product is a dual-use good. A standard SaaS application, a B2B marketplace, or a consumer mobile app will typically fall outside the scope of Swiss export control law. The control lists are specific and technical. You can check whether your product appears on the relevant lists by consulting the annexes to the Swiss Goods Control Ordinance, published on the SECO website.
The following product types are, however, commonly controlled:
- Drones designed for extended range or autonomous flight
- Navigation and sensor systems incorporating inertial components
- Encryption software and secure communications tools
- High-performance electronics, laser components, and precision sensors
- Industrial machinery with advanced process control
- AI systems, quantum computing components, and semiconductor-adjacent hardware
If your product falls into any of these categories, export control laws apply to you. If you are unsure whether it applies, the safest approach is to conduct a formal classification exercise before the issue becomes urgent.
One point that frequently surprises founders: the term “goods” under Swiss export control law covers not only physical products. Technical data, CAD files, software code, and know-how all fall within scope. Uploading engineering documentation to a server abroad, granting a foreign employee access to a codebase, or transferring data to a subsidiary in another country may already constitute an export in the legal sense.
How Swiss Export Controls Work
Switzerland regulates exports through two separate legal tracks. Understanding the difference matters right now.
Track 1: War materiel
The Swiss War Materials Act governs weapons, ammunition, and goods designed primarily for military use. Under this statute, exports to countries involved in an active armed conflict cannot be authorised. This track applies to a smaller subset of Swiss companies, but its consequences are immediate and absolute.
Track 2: Dual-use goods
The Swiss Goods Control Act covers technology products with both civilian and military applications. This is the statute most relevant to Swiss tech companies. Under normal circumstances, exports to privileged countries, including the United States and EU member states, do not require case-by-case approval from SECO, the Swiss export licensing authority. Founders can export without prior authorisation, provided they document internally that the applicable conditions are met.
For non-privileged countries, including most of the Middle East, individual licences are required for each transaction. The exporter applies to SECO and typically must provide an end-use certificate, a document from the buyer confirming the goods’ civilian use.
There is also a catch-all rule that applies regardless of whether a product appears on any control list: if an exporter knows or has reason to believe that goods are intended for weapons of mass destruction programmes, a licence is required. This rule is actively applied during periods of heightened geopolitical tension.
A separate but related regime applies alongside export controls: Swiss sanctions law, governed by the Embargo Act and administered by SECO. Sanctions can restrict or prohibit transactions with specific countries, entities, or individuals, regardless of whether a product is classified as dual-use. Any export transaction with any sanctions exposure should be screened against the SECO searchable database of sanctioned individuals and entities (updated on an ongoing basis) before execution.
What Has Changed Since 28 February 2026
War materiel exports to the US: already blocked
On 20 March 2026, the Federal Council confirmed that no new licences for war materiel exports to the United States can be authorised for the duration of the conflict. In practice, no new licences have been issued since the escalation on 28 February (status per end of March 2026). Existing licences have been reviewed and, for now, found to have no direct war relevance, so they can continue to be used.
This primarily affects companies whose products fall within the war materiel category. For most tech founders, this track is not the immediate concern.
Dual-use goods exports to the US: under active review
This is where most founders need to pay attention. The Federal Council has placed dual-use goods subject to the Goods Control Act under regular review by the same expert group. The streamlined export arrangement for the US has not yet been revoked. Exports of dual-use goods to the US can, in general, continue for now.
However, the regulatory environment is being actively monitored, and the legal basis for further restriction exists. SECO is already exercising heightened scrutiny for transactions with any nexus to the conflict.
As the situation regarding the streamlined export arrangement for the US can change quickly, any company exporting goods that may be subject to dual-use export regulations should monitor the situation today.
The Middle East: individual licensing required and risk elevated
Exports to countries such as the UAE, Saudi Arabia, and Qatar do not benefit from the streamlined export arrangement that applies to the US and most Western markets. Individual licences or case-by-case assessments are required. The active conflict has materially increased the risk profile of these transactions. These countries are being directly targeted by Iranian strikes and host US military installations. SECO’s end-use assessment will now likely weigh the risk of onward transfer into the conflict zone as a more concrete factor. Existing end-use certificates for Gulf State customers should be reviewed to ensure their adequacy.
What This Means Depending on Your Situation
Pre-export and pre-revenue companies
Even if you have not yet shipped a single unit, now is the time to classify your products. Export control classification determines whether your product falls under the Goods Control Act, which categories apply, and what licensing requirements attach. Many founders discover classification issues only when they are weeks away from closing a first commercial deal, at which point the SECO review timeline becomes a serious problem.
Company structure is also relevant at this stage. If you are setting up or already have a holding company, a US entity, or subsidiaries in EU member states, the transfer of technical data between group entities already constitutes an export under Swiss law. A Swiss parent company that transfers engineering documentation to a subsidiary in another country, which then supplies a customer in the conflict region, bears responsibility for that chain, provided it knew or should have known the ultimate destination. Structuring decisions made today will determine your compliance exposure as you scale.
Companies already selling to the US
The streamlined export arrangement currently remains in place, but the situation is under active monitoring. Two immediate steps are advisable.
First, document your US exports with care. Maintain written records demonstrating that shipments are not connected to the Iran conflict. In a period of heightened scrutiny, the practical burden of demonstrating compliance shifts to the exporter.
Second, for any new US customers with military, government, or conflict-adjacent exposure, seek pre-clearance from SECO before executing the contract. A proactive inquiry to SECO ([email protected]) before signing is significantly easier to manage than a licensing problem discovered after delivery.
Bear in mind also that Swiss export compliance does not end at the US border: once goods are in the US, US export control law governs any onward transfer. A Swiss founder whose US customer re-exports controlled goods to a conflict-adjacent country can face US enforcement exposure even if the original Swiss export was fully compliant.
Companies with Gulf State customers
Review all existing end-use certificates. Generic civil-use declarations are likely insufficient given the current risk environment. Certificates should be updated to include explicit exclusions of military end-use and, where relevant, explicit exclusions of onward transfer to conflict-affected regions.
What You Should Do Now
Regardless of your stage or export markets, the following steps apply:
- Classify your products. Conduct a formal assessment of all products, software, and technical data against the Swiss dual-use control lists. Do not assume that because your product has civilian applications, it is uncontrolled.
- Document your compliance position. For US exports, maintain written records of your classification analysis and end-use basis. For Gulf State exports, update end-use certificates now.
- Review your group structure. If you have foreign subsidiaries or share technical data across borders within your group, map the data flows and assess whether licences are required.
- Seek SECO pre-clearance for new transactions with conflict exposure. For new customers in or with exposure to the conflict region, contact SECO before executing the contract.
- Build internal controls. The Goods Control Act requires exporters to maintain internal compliance processes. Companies without them face not only licensing risk but also criminal liability in the event of a violation.
The Situation Is Moving. Act Before It Moves Further.
The war materiel block on US exports is already in effect. Dual-use exports remain possible but are under active review by an expert group with a mandate to assess whether further restrictions are required under neutrality law. The Federal Council has the legal tools to further tighten restrictions and is continuously monitoring the situation.
Defence tech founders who dealt with the Ukraine conflict will recognise this pattern: a period of regulatory uncertainty in which the legal framework shifts faster than most compliance processes can track. The right response is to establish your compliance position now, before the next decision is announced.
LEXR advises on product classification, SECO licensing strategy, internal compliance programmes, and cross-border group structures. If you have questions about your specific situation, contact our team.
