War Material Ordinance (WMO)

By Steph2
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In The Matter OfWar Material Ordinance (WMO)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 12a Licensing requirements

1 Licences shall only be granted to natural persons or legal entities who are resident or which have their seat or permanent establishment on Swiss customs territory or in a Swiss customs enclave. SECO may make exceptions in justified cases. 2 For a licence to be granted to a legal entity, proof of reliable internal control of compliance with the provisions of the war materiel legislation must be provided.

Art. 12a — Inserted by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595).

Art. 13 Licensing authority

1 The licensing authority is SECO, subject to the reservation of paragraphs 2 and 3. 2 The responsibility for the transport of war materiel by foreign military units and their members on the ground is governed by the Ordinance of 13 November 2024 on International Military Cooperation. 2bis ... 3 The responsibility for the transit of military and other state aircraft is governed by the Ordinance of 23 March 2005 on the Protection of Airspace Sovereignty.

Para. 1 — Amended by Art. 17 No 2 of the O of 13 Nov. 2024 on International Military Cooperation, in force since 1 Jan. 2025 (AS 2024 685). Para. 2 — SR 510.81 Para. 2 — Amended by Art. 17 No 2 of the O of 13 Nov. 2024 on International Military Cooperation, in force since 1 Jan. 2025 (AS 2024 685). Para. 2bis — 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 Repealed by No I of the O of 21 Nov. 2001, with effect from 1 March 200

Art. 14 Procedure

(Art. 29 WMA) 1 SECO shall decide on applications for the granting of an initial licence after consulting the Federal Intelligence Service (FIS). 2 In the case of the licensing of foreign transactions under Article 22 WMA and of entering into contract in terms of Article 20 WMA, SECO shall decide in consultation with the responsible offices of the Federal Department of Foreign Affairs (DFA). The decision of SECO shall also be taken in consultation with: a. the responsible offices of the Federal Department of Defence, Civil Protection and Sport in the case of security or procurement policy matters; b. the Federal Office for Energy in the case of nuclear related matters; c. the Federal Office of Civil Aviation and the responsible offices of the Federal Department of Defence, Civil Protection and Sport in the case of transit with civilian aircraft. 2bis SECO shall consult the FIS in the case of significant licensing proceedings. 3 The offices involved shall decide which applications are o

Para. 1 — Amended by Annex 4 No II 20 of the Ordinance of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Jan. 2010 (AS 2009 6937). Para. 2 — Amended by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943). Para. 2 let. a — Title in accordance with unpublished FCD dated 19 Dec. 1997. Para. 2 let. c — Inserted by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943). Para. 2bis — Inserted by No I of the O of 27 Aug. 2008 (AS 2008 5495). Ame

Art. 15 Prohibition of assignment and term of validity

1 Initial, general and specific licences may not be assigned. 2 Import, export and transit licences are valid for two years and may be extended by a maximum of one year. 3 General import licences and general transit licences are valid for two years. If they have been issued on the basis of an initial licence, they cease to be valid on the expiry of the initial licence.

Art. 15 — Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312). Para. 2 — Amended by No I of the O of 29 Jan. 2025, in force since 1 March 2025 (AS 2025 76).

Art. 16 Customs clearance

1 Customs clearance for import, export and transit is governed by the provisions of the customs legislation. 2 Any person or entity that imports or exports goods with a licence, or carries such goods in transit, must indicate the type of licence, issuing office and licence number in the customs declaration.

Art. 16 — Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469). Para. 2 — Inserted by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595).