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.
Section 1 Forms of Licence
Art. 12
In respect of the activities that require a licence in terms of this Act, a distinction is made between the following specific licences: a. ... b. brokerage licence; c. import licence; d. export licence; e. transit licence; f. licence to enter into agreements relating to the transfer of intellectual property, including know-how, or the granting of rights thereto; g. trading licence.
let. a — Repealed by No I 2 of the Federal Act of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and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, with effect from 1 March 2002 (AS 2002 248; BBl 2000 3369). let. g — Inserted by No I 2 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 336
Section 2 ...
Art. 13 and 14
Repealed by No I 2 of the Federal Act of 22 June 2001 on the Streamlining of Federal Legislation on Arms, War Materiel, Explosives and Goods Usable for Civilian and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, with effect from 1 March 2002 (AS 2002 248; BBl 2000 3369).
Section 3 Brokerage Licence
Art. 15 Subject Matter
1 Anyone who on Swiss territory wishes to broker war materiel for a recipient abroad, without operating his own production plant for the manufacture of war materiel in Switzerland, requires, in addition to an initial licence in terms of Article 9, a specific licence for each individual case. 2 The Federal Council may provide exceptions for certain countries. 3 Anyone who acts as a professional broker for a recipient abroad in respect of firearms under the legislation on weapons, their components or accessories, or their munitions or munitions components shall receive a specific licence only if he proves that he holds a corresponding licence to trade arms under the legislation on weapons.
Para. 3 — Inserted by No I 2 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 (AS 2002 248; BBl 2000 3369). Amended by Annex No 1 of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).
Art. 16 Scope
1 A brokerage licence may be limited in duration and subject to conditions and requirements. 2 If exceptional circumstances so require, a brokerage licence may be suspended or revoked.
Section 3a Trading Licence
Inserted by No I 2 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. 16a Subject matter
1 Anyone who on Swiss territory trades in war materiel with persons abroad, without operating his own production plant for the manufacture of war materiel in Switzerland, requires, in addition to an initial licence in terms of Article 9, a specific licence for each individual case. 2 The Federal Council may provide exceptions for certain countries. 3 Anyone who from Swiss territory trades with persons abroad in firearms under the legislation on weapons, their components or accessories, or their munitions or munitions components shall receive a specific licence only if he proves that he holds a corresponding licence to trade arms under the legislation on weapons.
Para. 3 — Amended by Annex No 1 of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).
Art. 16b Applicability
1 A trading licence may be limited in duration and subject to conditions and requirements. 2 If exceptional circumstances so require, a trading licence may be suspended or revoked.
Section 4 Import, Export and Transit Licences
Art. 17 Subject matter
1 The import, export and transit of war materiel require a licence from the Confederation. 2 A transit licence is also required for deliveries to a Swiss free warehouse or customs warehouse or for deliveries from such warehouses abroad. 3 The Federal Council regulates the licensing requirements and the procedure for the transit of war materiel through the airspace. 3bis It may provide for a simplified licensing procedure for the export or transit to or from certain countries, or provide for exemptions from licensing. 3ter It may provide for a simplified licensing procedure for the import of specific parts, assembly packages or anonymous components. 4 No import licence under this Act is required by those who: a. import war materiel intended for use by the Swiss Confederation; b. bring firearms, their components or accessories, or their munitions or munitions components into Swiss territory under the legislation on weapons; c. import explosives, pyrotechnic devices or propellant powder.
Para. 2 — Amended by Annex No 5 of the Customs Act of 18 March 2005, in force since 1 May 2007 (AS 2007 1411; BBl 2004 567). Para. 3bis — Inserted by No I 2 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 (AS 2002 248; BBl 2000 3369). Amended by Art. 3 No 5 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and t
Art. 18 Non-re-export declarations; Exemptions
1 As a general rule, an export licence may be granted only if it relates to a delivery to a foreign government or to an undertaking acting on behalf of a foreign government, and if a declaration is provided by that government stating that the materiel will not be re-exported (a non-re-export declaration). 2 A non-re-export declaration may be waived in the case of individual parts or assembly packages of war materiel if it is established that, once abroad, they will be integrated into a product and not re-exported unmodified, or in the case of anonymous components, that their value in comparison with the finished war materiel is negligible.
Art. 19 Scope
1 Import, export and transit licences are limited in their duration. 2 If exceptional circumstances require, they may be suspended or revoked.
Section 5 Licence for the Transfer of Intellectual
Art. 20 Subject matter
1 A licence is required in order to enter into a contract for the transfer from Switzerland to a natural person or legal entity with domicile or registered office abroad of intellectual property including know-how that is essential for the manufacture or the use of war materiel. The same applies to entering into a contract that grants rights to such intellectual property and know-how. 2 Intellectual property, including know-how, that: a. is required for the routine carrying out of installation work, maintenance, inspection and repair of war materiel whose export has been licensed; b. is available in the public domain; c. that must be disclosed for the purposes of a request for a Patents in another country; or d. that is used for the purposes of basic scientific research [tab] is not subject to the foregoing licensing requirement. 3 The Federal Council may provide for exemptions for certain countries.
Art. 21 Requirements
A licence is not granted if the recipient has his registered office or domicile in a country to which the export of the relevant war materiel is prohibited.
Section 6 Licensing Requirements for Export Trade
Art. 22 Manufacture, brokerage, export and transit
The manufacture, brokerage, export and transit of war materiel for recipients abroad shall be authorised if this is not contrary to international law, international obligations, and the principles of Swiss foreign policy.
Art. 22a Licensing criteria for the export trade
1 In assessing an application for an export licence under Article 22 and for entering into contracts under Article 20, the following must be taken into consideration: a. maintaining peace, international security and regional stability; b. the situation within the country of destination; in particular, respect for human rights and the non-use of child soldiers shall be taken into consideration; c. Switzerland’s efforts in relation to development cooperation; in particular the possibility that the country of destination appears as one of the Least Developed Countries on the up-to-date list of development assistance recipients issued by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (OECD DAC List); d. the behaviour of the country of destination vis-à-vis the international community, in particular with regard to compliance with international law; e. the views of countries that participate with Switzerland in international export control r
Art. 22a — Inserted by No I of the FA of 1 Oct. 2021, in force since 1 May 2022 (AS 2022 226; BBl 2021 623). Para. 1 let. c — The OECD DAC List is available at www.oecd.org (text available in French and English only).
Art. 23 Supply of replacement parts
The export of replacement parts for war materiel whose export has been authorised shall also be authorised if no exceptional circumstances have arisen in the intervening period that would require the revocation of the original licence.
Art. 24 Import
The import of war materiel shall be authorised if it is not contrary to international law or national interests.
Section 7 Embargo
Art. 25
The granting of licences is not permitted if enforcement measures in terms of the Embargo Act of 22 March 2002 have been ordered.
Art. 25 — Amended by Art. 17 No 1 of the Embargo Act of 22 March 2002, in force since 1 Jan. 2003 (AS 2002 3673; BBl 2001 1433). SR 946.231