War Material Ordinance (WMO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 5
Repealed by No I of the O of 30 March 2022, with effect from 1 May 2022 (AS 2022 227).
Art. 5a Non-re-export declarations
(Art. 18 WMA) 1 For a licence to be granted for the export of finished products or for individual parts or assembly packages to a foreign government or an undertaking acting on behalf of a foreign government, a non-re-export declaration from the government of the country of destination is required. The requirement for a non-re-export declaration is waived if the case involves individual parts or assembly packages of negligible value. 2 By issuing the non-re-export declaration, the country of destination undertakes not to export, sell, lend, or gift the war materiel authority or to transfer it in any other way to third parties abroad without the consent of the licensing authority. 3 If there is an increased risk in the country of destination that the war materiel to be exported will be passed on to an undesirable end recipient, the licensing authority may stipulate that it has the right to verify compliance with the non-re-export declaration on site. In the case of export of substantial
Art. 5a — Inserted by No I of the O of 10 Oct. 2012, in force since 1 Nov. 2012 (AS 2012 5533).
Art. 5b Exports to non-governmental bodies
(Art. 18 WMA) Any person who wishes to export war materiel to a body that is neither a foreign government nor an undertaking acting on behalf of a foreign government must demonstrate when filing the export licence application that the required authorisation for import has been issued by the country of final destination or that no such authorisation is required.
Art. 5b — Originally Art. 5a. Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).
Art. 5c Licence for the transit of civilian aircraft with war materiel on board
(Art. 17 para. 3, 22 and 22a WMA) 1 The transit of war materiel on board civilian aircraft shall be licensed provided that it is not contrary to international law, international obligations or the principles of Swiss foreign policy. 2 When deciding on the licence, the responsible authority shall also take account of the criteria set out in Article 22a WMA.
Art. 5c — Inserted by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943). Art. 5c — Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227). Para. 2 — Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).
Art. 6 Licence to broker and trade
(Art. 15 and 16 or 16a and 16b WMA) 1 Any person who manufactures war materiel in Switzerland in his own production plant may broker or trade abroad without a specific licence only if an initial licence for the brokerage or the trade of products analogous to those manufactured in the production plant has been granted. 2 No specific licence is required for the brokerage of or the trade in war materiel involving states listed in Annex 2; however, dealers and professional brokers require an initial licence. 3 Paragraphs 1 and 2 apply by analogy to the cases in Articles 15 paragraph 3 or 16a paragraph 3 WMA; where, however, specific licences are required, evidence must be provided on filing the licence application that a licence to trade arms has been obtained.
Art. 6 — Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).
Art. 6a Exemption from import ortransit licence
(Art. 17 WMA) 1 Air passengers, including sky marshals, who stop over in Switzerland do not require a transit licence for firearms, their components and accessories, and their ammunition and munitions components that they are carrying for personal use in their baggage or in baggage that is sent in advance or forwarded provided such goods do not leave the transit area of the airport. 2 No transit licence is required by persons wishing to carry firearms, their components and accessories, and their ammunition and munitions components with an accompanying document from a state that is bound by any one of the Schengen Association Agreements (a Schengen state) via Switzerland to another Schengen state. 3 No transit licence is required by persons wishing to export for non-commercial purposes firearms, their components and accessories, and their ammunition and munitions components to another Schengen state. 4 The Schengen Association Agreements are listed in Annex 3.
Art. 6a — Inserted by No I of the O of 21 Nov. 2001 (AS 2002 312). Amended by Annex 4 No II 2 of the Weapons Ordinance of 2 July 2008, in force since 12 Dec. 2008 (AS 2008 5525). Para. 1 — Amended by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595).
Art. 7 Licence for the transfer of intellectual property or the granting of rights thereto
(Art. 20 and 21 WMA) No specific licence is required in order to enter into contracts relating to the transfer of intellectual property, including know-how, related to war materiel, or the granting of rights thereto provided such property or rights are intended for states that are listed in Annex 2.
Art. 8 Diplomatic or consular missions and international organisations
Deliveries to and from diplomatic or consular missions as well as to and from international organisations in Switzerland and in the Principality of Liechtenstein are deemed to be imports and exports respectively.
Art. 9 Relief for temporary export and transit
1 No licence is required by persons in the following categories for the temporary export and transit of firearms with the ammunition pertaining thereto: a. persons travelling through Switzerland provided the weapons are recorded in the European Firearms Pass; b. marksmen and hunters provided they furnish credible evidence that they are participating abroad in a shooting competition, in shooting or other training or in a hunt and that they will thereafter re-import the weapons in question; c. security agents employed by foreign states travelling through Switzerland for official pre-arranged foreign visits; d. security agents employed by the Swiss authorities for official, pre-arranged foreign visits, provided the weapons are subsequently re-imported; e. members of foreign police forces or customs authorities for professional or training-related transit journeys; f. members of Swiss police forces and employees of the Federal Office for Customs and Border Security (FOCBS) for professional
Art. 9 — Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495). Para. 1 let. f — The name of this administrative unit was changed on 1 Jan. 2022 in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1) (AS 2021 589). This change has been made throughout the text.
Art. 9a
Inserted by Art. 50 No 3 of the Weapons Ordinance of 21 Sept. 1998, in its version of 16 March 2001 (AS 2001 1009). Repealed by No I of the O of 27 Aug. 2008, with effect from 12 Dec. 2008 (AS 2008 5495).
Art. 9b Simplified procedure for security agents involved in the transport of valuables and persons
1 Security agents involved in the transport of valuables or of persons who export and re-import or carry in transit firearms together with the ammunition pertaining thereto as part of their duties require only one licence for each weapon and its ammunition. This licence is valid for one year and entitles the holder to cross the border as often as required. 2 The import and re-export of firearms together with the ammunition pertaining thereto as part of their duties is governed by the legislation on weapons.
Art. 9b — Inserted by Art. 50 No 3 of the Weapons Ordinance of 21 Sept. 1998, in its version of 16 March 2001 (AS 2001 1009). Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312). Para. 1 — Term in accordance with Annex 4 No II 2 of the Weapons Ordinance of 2 July 2008, in force since 12 Dec. 2008 (AS 2008 5525). This amendment has been made throughout the text.
Art. 9c Simplified procedure for repairs, exhibitions, performances or valuations
1 For war materiel that is temporarily exported under the customs procedure for temporary admission using a written customs declaration for use in an exhibition or a performance or for valuation, the export licence is also valid for its re-import. 2 For war materiel that is temporarily imported under the customs procedure for temporary admission using a written customs declaration for use in an exhibition, performance or for valuation, the import licence is also valid for its re- export. 3 War materiel that is also covered by the Weapons Act of 20 June 1997 remains subject to the provisions of the legislation on weapons.
Art. 9c — Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312). Para. 1 — Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227). Para. 2 — Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227). Para. 3 — SR 514.54
Art. 9d Exemption for training and the international deployment of military units
1 Swiss military units and their members do not require a licence for the export or re-import of war materiel that they take abroad for the purposes of international missions or training. 2 Foreign military units and their members that enter Switzerland for training purposes do not require a licence for the import or re-export of the war materiel that they bring with them for this purpose. 3 Foreign military units and their members do not require a transit licence for war materiel that they carry through Switzerland en route to training events in third countries or as part of international missions, provided Swiss military units or their members also take part in these training events or international missions. 4 War materiel that is also covered by the Weapons Act of 20 June 1997 remains subject to the provisions of the legislation on weapons.
Art. 9d — Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312). Para. 4 — SR 514.54
Art. 9e Simplified procedure for import and transit
1 Manufacturers who hold an initial licence may apply for a general import licence (GIL) for the import of individual parts, assembly packages or anonymous components of war materiel in terms of Article 18 paragraph 2 WMA, provided the parts concerned do not fall within the scope of application of the Weapons Act of 20 June 1997. An individual licence is required in every case for the temporary import of such war materiel with the ATA Carnet or in the procedure for temporary use. 2 Holders of initial licences and transport and haulage undertakings with a domicile or permanent establishment in Switzerland may apply for a general transit licence (GTL) for the transit of war materiel to countries of final destination that are listed in Annex 2. 3 The licensing authority may at any time demand from the licensee information on the nature, quantity, customs clearance data and end use of goods that are or have been imported or transported in transit in terms of a GIL or GTL; the obligation to
Art. 9e — Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312). Para. 1 — SR 514.54 Para. 1 — Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495). Para. 2 — Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495). Para. 3 — Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469). Para. 4 — SR 946.202