War Material Act (WMA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Purpose
This Act has as its aim the fulfilment of Switzerland’s international obligations and the respect of its foreign policy principles by means of controlling the manufacture and transfer of war materiel and related technology, while at the same time maintaining an industrial capacity in Switzerland that is adapted to the requirements of its national defence.
Art. 2 Principles
The following require authorisation by the Confederation: a. the manufacture of war materiel; b. the trade in war materiel; c. the brokerage of war materiel; d. the import, export and transit of war materiel; e. the transfer of intellectual property, including know-how, and the granting of related rights, provided this relates to war materiel and is intended for private individuals or legal entities that have their domicile or headquarters abroad.
Art. 3 Relation to other legislation
This Act applies without prejudice to customs legislation, the regulations on payment transactions and other legislation on foreign trade.
Art. 3 — Amended by No I 4 of the Federal Act of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and Military Purposes, in force since 1 March 2002 (AS 2002 248; BBl 2000 3369).
Art. 4 Application to federal armaments companies
The provisions relating to the initial licence (Art. 9–11) do not apply to federal armaments companies. The provisions on brokerage (Art. 15 and 16), import and export (Art. 17–19), and the transfer of intellectual property or the granting of rights thereto (Art. 20 and 21) do not apply to armaments companies, provided that their activities relate to the procurement of war materiel for the Swiss armed forces.
Amended by No I 4 of the Federal Act of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and Military Purposes, in force since 1 March 2002 (AS 2002 248; BBl 2000 3369).
Art. 5 Definition of war materiel
1 The following are deemed to be war materiel: a. weapons, weapons systems, munitions and military explosives; b. equipment that has been specifically conceived or modified for use in combat or for the conduct of combat and which is not as a general rule used for civilian purposes. 2 War materiel also includes individual components and assembly packages, which may also be partially processed, provided it is discernible that such components cannot be used in the same form for civilian purposes. 3 The Federal Council shall designate what is war materiel in an ordinance.
Art. 6 Other definitions
1 «Manufacture» within the meaning of this Act is any professional activity involving the production of war materiel or the modification of parts essential to its function. 2 «Trade» within the meaning of this Act is any professional activity involving the offer, acquisition or passing on of war materiel. 3 «Brokerage» is: a. the creation of the essential requirements for the conclusion of contracts relating to the manufacture, offer, acquisition or passing on of war materiel, the transfer of intellectual property, including know-how, or the granting of rights thereto, insofar as they relate to war materiel; b. the conclusion of such contracts if this service is provided by third parties.