Case Studies

Examples of cases handled by the firm — anonymized scenarios illustrating our approach and results

1

Customs blockage of a raw materials shipment

Sector : International trading company — Geneva

Challenge

A Geneva-based commodity trading company had a shipment of non-ferrous metals blocked at the Swiss border due to a tariff classification dispute. FOCBS considered the products fell under a tariff heading subject to a higher duty rate, resulting in a reassessment of CHF 340,000. The goods were immobilized in a bonded warehouse, generating daily storage costs.

Our approach

In-depth technical analysis of product composition and manufacturing process. Drafting of an opposition brief supported by manufacturer technical sheets, independent chemical analyses and concordant classification opinions from other customs administrations (EU, Japan). Direct negotiation with FOCBS District Directorate. Request for partial release to limit storage costs during proceedings.

Result achieved

The opposition was fully upheld by FOCBS. The initial tariff classification proposed by our client was confirmed, cancelling the CHF 340,000 reassessment. The goods were released within 48 hours of the decision. The client obtained a Binding Tariff Information (BTI) to secure future imports.

Expertise deployed :Droit douanier →
2

Due diligence for a cross-border acquisition

Sector : Investment fund — Zurich

Challenge

A Zurich-based investment fund was considering the acquisition of a financial services company based in Latin America. The target operated in multiple jurisdictions (Uruguay, Argentina, Brazil) and held local regulatory licenses. The fund needed comprehensive due diligence covering AML/compliance aspects, sanctions risks and regulatory compliance in each jurisdiction.

Our approach

Coordination of a multi-jurisdictional team (Switzerland, Uruguay, Argentina, Brazil) for simultaneous analysis of regulatory frameworks. Complete audit of the target's AML/KYC program: internal policies, staff training, monitoring system, history of reports to local FIU. Verification of compliance with SECO, OFAC and EU sanctions. Analysis of PEP-related risks in the client portfolio. Assessment of license transferability post-acquisition.

Result achieved

Due diligence identified 3 major risks: (1) a gap in sanctions screening for Argentine clients, (2) incomplete KYC documentation for 12% of the portfolio, (3) a risk of non-transferability of a Brazilian license. These findings allowed the fund to negotiate a 15% reduction in acquisition price and obtain specific warranties (indemnities, remediation plan). The acquisition was successfully completed.

Expertise deployed :Compliance AML →
3

Structuring an international distribution agreement

Sector : Industrial SME — Vaud

Challenge

A Vaud-based SME specializing in medical equipment wanted to structure its distribution network in 8 countries in Latin America and the Middle East. Existing contracts were generic English templates without adaptation to local specificities (competition law, distributor protection, medical device regulation). Several distributors had accumulated payment arrears without the company having effective contractual leverage.

Our approach

Audit of 8 existing contracts and identification of critical gaps. Drafting of a master international distribution agreement incorporating: applicable law clause (Swiss law), ICC Geneva arbitration clause, minimum sales targets with termination right upon non-achievement, post-contractual non-compete clause calibrated by jurisdiction, escalation mechanism for unpaid invoices (delivery suspension, automatic termination), compliance with local medical device regulations.

Result achieved

All 8 contracts were renegotiated and signed within 4 months. The new contractual framework resolved payment arrears (CHF 180,000 recovered in 6 months) and terminated relationships with 2 underperforming distributors without litigation. Export revenue increased by 23% the following year through appointment of better-performing distributors in the freed territories.

Expertise deployed :Contrats internationaux →
4

SRO affiliation and AMLA compliance

Sector : Fiduciary — Lausanne

Challenge

A 12-person Lausanne fiduciary, active in company management and domiciliation for international clients, had been identified by its SRO as having significant gaps in its AML framework during a routine inspection. The SRO had set a 6-month deadline for compliance, failing which membership would be revoked. The fiduciary had neither formalized KYC procedures, nor a transaction monitoring system, nor documented staff training.

Our approach

Complete diagnostic of existing AML framework (gap analysis). Drafting of comprehensive documentation: internal AML regulations, detailed KYC procedures by client type (individuals, legal entities, trusts, PEPs), risk assessment grid, clarification and MROS reporting procedure. Implementation of automated screening tool (sanctions, PEPs). Training of all staff (8 hours over 2 days). Review of existing client portfolio and remediation of incomplete files. Support during SRO follow-up inspection.

Result achieved

Compliance was achieved within 5 months. The SRO follow-up inspection concluded full compliance of the framework. The fiduciary retained its membership and resumed normal operations. The new framework identified 2 high-risk business relationships that were terminated in an orderly manner. The fiduciary now uses the framework as a commercial argument with institutional clients.

Expertise deployed :Intermédiation financière →
5

Customs duty optimization through free trade agreements

Sector : Industrial group — Western Switzerland

Challenge

A Western Swiss industrial group exporting precision mechanical components to the EU, Turkey and South Korea was systematically paying customs duties at the MFN (Most Favoured Nation) rate without using tariff preferences available under EFTA free trade agreements. The annual overcost was estimated at CHF 520,000. The company had no internal procedure for managing proofs of origin and did not have approved exporter status.

Our approach

Complete audit of import and export flows (analysis of 500 most frequent tariff headings). Identification of applicable free trade agreements and corresponding rules of origin. Verification of origin criteria compliance for each product (change in tariff heading, value added, specific processing). Implementation of internal procedure for managing proofs of origin (EUR.1, invoice declarations). Application and obtaining of approved exporter status from FOCBS. Training of logistics and export team.

Result achieved

The company obtained approved exporter status within 3 months, allowing it to issue origin declarations on invoices without going through FOCBS for each shipment. First-year savings reached CHF 480,000 (92% of initial estimate). The process is now integrated into the company's ERP with automatic checks on preferential origin eligibility.

Expertise deployed :Droit douanier →
6

ICC arbitration in a joint venture dispute

Sector : Technology company — Lausanne

Challenge

A Lausanne technology company had entered into a joint venture with a Brazilian partner for marketing its software solution in Latin America. After 18 months of operation, the Brazilian partner unilaterally modified commercial terms, diverted part of the clientele to a competing structure and refused to provide financial reports required by the shareholders' agreement. The dispute value was estimated at CHF 2.8 million.

Our approach

Initiation of ICC arbitration proceedings in Geneva (seat of arbitration) pursuant to the arbitration clause in the shareholders' agreement. Request for urgent provisional measures (art. 28 ICC Rules) to obtain disclosure of financial documents and injunction against client diversion. Building of evidentiary file: emails, diverted contracts, client testimonies, independent accounting expertise. Drafting of statement of claim and reply submissions. Oral hearing before the arbitral tribunal (3 arbitrators).

Result achieved

The arbitral tribunal rendered an award in favor of our client, ordering the Brazilian partner to pay CHF 2.1 million (damages and restitution of diverted profits) plus arbitration costs. Provisional measures obtained at the start of proceedings preserved the clientele and limited damages. The award was recognized and enforced in Brazil under the New York Convention within 4 months.

Expertise deployed :Négociation & Justice →

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