On 23 November 2022, the Federal Department of Economic Affairs, Education and Research (EAER) amended the Swiss Ordinance on Measures in Relation to the Situation in Ukraine (“Ordinance”). These provisions entered into force at 6.00 p.m. on the same day. As part of this amendment, a new provision was added to the Ordinance (Art. 28(1bis) Ordinance), which provides that in several sectors such as architecture, engineering and IT consulting, the direct and indirect provision of services to the Government of the Russian Federation or legal entities, undertakings or organisations established in the Russian Federation is prohibited.

In addition to the areas listed above, legal advice is also covered by this prohibition. Consequently, the beginning of the provision of legal advice to undertakings or organisations established in the Russian Federation has been prohibited since 23 November 2022. This is the case even if the undertaking or organisation concerned is not on the sanctions list.

However, the transitional provisions of the Ordinance stipulate that agreements concluded before 23 November 2022 were not covered by this prohibition if the legal advice was aimed at terminating the latter (Art. 35(27) Ordinance). Since 5 February 2023, this has also been prohibited. As a result, all legal advice to undertakings or organisations based in the Russian Federation is now prohibited.