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. 33 Offences against licensing and reporting obligations
1 Any person who wilfully commits any of the following acts is liable to a custodial sentence or a monetary penalty: a. the manufacture, import, transit, export, trade in, or brokerage of war materiel, or the conclusion of contracts for the transfer of intellectual property including know-how relating to war materiel, or for the granting of rights thereto without the relevant licence or in violation of the conditions or requirements stipulated in a licence; b. the provision of incorrect or incomplete information in an application when such information is essential for the granting of a licence or the use of such an application that has been completed by a third party; c. the failure to report war materiel for import, export or transit or the making of a incorrect declaration in respect of its import, export or transit; d. the delivery, transfer or brokerage of war materiel for a recipient or destination other than that named in the licence; e. the transfer of intellectual property, inc
Para. 1 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 1 let. c — 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. 2 — Amended by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in f
Art. 34 Offences against the prohibition of nuclear, biological and chemical weapons
1 Any person who wilfully commits any of the following acts without being able to claim an exemption under Article 7 Paragraph 2 is liable to a custodial sentence not exceeding ten years or to a monetary penalty: a. the development, manufacture, brokerage, acquisition, surrender to another, imports, export, transit, stockpiling, or any other form of possession of nuclear, biological or chemical weapons (NBC weapons); b. incitement to commit any of the acts listed under letter a; or c. assisting in the commission of an act listed under letter a. 2 … 3 If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty. 4 An act committed abroad is an offence in terms of these provisions irrespective of the law of the place of commission if: a. it violates international law agreements to which Switzerland is a contracting party; and b. the offender is Swiss or is domiciled in Switzerland. [tab] 5 Article 7 paragraphs 4 and 5 of the
Para. 1 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 2 — Repealed by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 4 let. tab — SR 311.0 Para. 4 let. tab — Inserted by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (
Art. 35 Offences against the prohibition of anti-personnel mines
1 Any person who wilfully commits any of the following acts without being able to claim an exemption under Article 8 paragraph 2 is liable to a custodial sentence not exceeding ten years or to a monetary penalty: a. the development, manufacture, brokerage, acquisition, surrender to another, import, export, transit, stockpiling, or any other form of possession of anti-personnel mines; b. incitement to commit any of the acts listed under letter a; or c. assisting in the commission of an act listed under letter a. 2 … 3 If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty.
Para. 1 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 2 — Repealed by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905).
Art. 35a Offence against the prohibition of cluster munition
1 Any person who wilfully commits any of the following acts without being able to claim an exemption under Article 8a paragraph 3 is liable to a custodial sentence not exceeding ten years or to a monetary penalty: a. the development, manufacture, brokerage, acquisition, surrender to another, import, export, transit, stockpiling, or any other form of possession of cluster munition; b. incitement to commit any of the acts listed under letter a; or c. assisting in the commission of an act listed under letter a. 2 … 3 If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty.
Art. 35a — Inserted by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 2 — Repealed by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 35b Offences against the prohibition of financing
1 Any person who wilfully fails to comply with the prohibition of financing under Articles 8b or 8c without being able to claim an exemption under Article 7 paragraph 2, Article 8 paragraph 2 or Article 8a paragraph 3is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 … 3 A person who merely accepts the possibility of an offence against the prohibition of financing under Articles 8b or 8c does not commit an offence.
Art. 35b — Inserted by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 2 — Repealed by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 36 Contraventions
1 Any person who wilfully commits any of the following acts is liable to a fine not exceeding 100,000 francs: a. the refusal to provide information, submit documents or permit access to business premises in terms of Articles 27 and 28 paragraph 1 or provides false information in this connection; b. the violation in any other way of a provision of this Act or of an implementing regulation, the contravention of which is declared to be an offence, or the failure to comply with an order issued with notice of the applicability of the penalties in terms of this Article, unless the criminal conduct constitutes a different offence. 2 Attempts and complicity are offences. 3 If the act is committed through negligence, the penalty is a fine of up to 40 000 francs. 4 The right to prosecute prescribes after five years.
Para. 1 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905). Para. 4 — Amended by No I of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 2011 5905).
Art. 37 Offences in commercial enterprises
In relation to offences in commercial enterprises, Article 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law applies.
SR 313.0
Art. 38 Confiscation of war materiel
The court shall order the confiscation of the war materiel concerned, irrespective of the criminal liability of any person, to the extent that no guarantee of its lawful continued use is offered. The confiscated war materiel, together with any proceeds of sale, becomes the property of the Confederation; the foregoing is subject to the Federal Act of 19 March 2004 on the Division of Confiscated Assets.
Art. 38 — Amended by No I 17 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). SR 312.4
Art. 39 Confiscation of assets
Confiscated assets or rights to compensation become the property of the Confederation subject to the reservation of the Federal Act of 19 March 2004 on the Division of Confiscated Assets.
Art. 39 — Amended by Annex No 3 of the Federal Act of 19 March 2004 on the Division of Confiscated Assets, in force since 1 Aug. 2004 (AS 2004 3503; BBl 2002 441). SR 312.4
Art. 40 Jurisdiction and duty to report
1 The prosecution and judgement of offences are subject to federal jurisdiction. 2 The federal and cantonal licensing and control authorities, the cantonal and communal police and the customs authorities are obliged to report offences against this Act that they detect or which come to their knowledge in the course of their duties to the Office of the Attorney General of Switzerland.