The Federal Assembly of the Swiss Confederation, based on the Article 41 paragraphs 2 and 3 and Article 64bis of the Federal decrees: 1 [BS 1 3]. These provisions are in accordance with Articles 107 paragraph 2 and 123 of the Federal Constitution of 18 April 1999 (SR 101) 2 This description of powers corresponds to Article 54 paragraph 1 of the Federal Constitution of 18 April 1999 (SR 101) 3 Amended 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 248257; BBl 2000 3369). |
Chapter 1 General Provisions |
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 it adapted to the requirements of its national defence. |
Art. 2 Principles
The following require authorisation by the Confederation:
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Art. 3 Relation to other legislation 5
This Act applies without prejudice to customs legislation, the regulations on payment transactions and other legislation on foreign trade. 5 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 248257; 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.6 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. 6 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 248257; BBl 2000 3369). |
Art. 5 Definition of war materiel
1 The following are deemed to be war materiel:
2 War materiel also includes individual components and assembly packages, which may also be partially processed, provided it is discernable 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:
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Chapter 2 Prohibited War Materiel 7
7 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 7 Nuclear, biological and chemical weapons
1 It is prohibited:
2 The foregoing prohibition does not apply to acts that are intended:
3 The prohibition also applies to acts carried out abroad, irrespective of the law at the place of commission, if:
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Art. 8 Anti-personnel mines 8
1 It is prohibited:
2 For the development of procedures in mine detection, mine clearance, or mine destruction techniques and for training in such procedures, the retention or transfer of a number of anti-personnel mines is permitted. The number of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.10 3 Anti-personnel mines are explosive devices that are placed under, on, or near the ground or any other surface and which are conceived or modified so as to explode as a result of the presence, approach, or contact of a person, and which are intended to incapacitate, injure or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person that are equipped with anti-handling devices11 are not considered anti-personnel mines as a result of being so equipped.12 4 “Anti-handling device” means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.13 8 Term according to No I of the Federal Act of 19 Dec. 2003, in force since 1 June 2004 (AS 2004 24512452; BBl 200321962210). This amendment is taken into account throughout this Act. 9 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 10 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 11 Term in accordance with No I of the Federal Act of 19 Dec. 2003, in force since 1 June 2004 (AS 2004 24512452; BBl 200321962210). This amendment is taken into account throughout this Act. 12 Amended by No I of the Federal Act of 20 March 1998, in force since 1 March 1999 (AS 1999 11551156; BBl 1998 679). 13 Inserted by No I of the Federal Act of 19 Dec. 2003, in force since 1 June 2004 (AS 2004 24512452; BBl 200321962210). |
Art. 8a Cluster munition 14
1 It is prohibited:
2 Paragraph 1 also applies to explosive bomblets that are specifically intended to be dispersed or released by dispensers affixed to an aircraft. 3 For the development of procedures for detecting, clearing, or destroying cluster munition and for training in such procedures, the retention or transfer of a quantity of cluster munition is permitted. The quantity of cluster munition retained shall not exceed the minimum quantity absolutely necessary for the above-mentioned purposes. 14 Inserted by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 8b Prohibition of direct financing 15
1 The direct financing of the development, manufacture or acquisition of prohibited war materiel is itself prohibited. 2 Direct financing within the meaning of this Act is the direct granting of credits, loans or gifts or comparable financial advantages in order to pay or advance costs and expenditures that are associated with the development, manufacture or acquisition of prohibited war materiel. 15 Inserted by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 8c Prohibition of indirect financing 16
1 The indirect financing of the development, manufacture or acquisition of prohibited war materiel is itself prohibited where the prohibition of direct financing is circumvented thereby. 2 Indirect financing within the meaning of this Act is:
16 Inserted by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Chapter 3 Initial Licence |
Art. 9 Subject matter
1 Anyone who on Swiss territory:
2 No initial licence is required by those who:
17 Amended by Annex No 1 of the Federal Act of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 54995405Art. 2 let. d; BBl 2006 2713). 18 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 248257; BBl 2000 3369). |
Art. 10 Requirements
1 The initial licence is granted to natural or legal persons if:
2 If the applicant also requires authorisation in terms of the federal or cantonal legislation on weapons for his activities, the initial licence is granted only if authorisation under the legislation on weapons has been granted. |
Art. 11 Scope
1 The initial licence is non-assignable and applies only to the war materiel mentioned therein. It may be of limited duration and subject to conditions and requirements. 2 It may be revoked completely or in part if the requirements for its grant are no longer fulfilled. 3 It does not replace authorisations that must be obtained in terms of other regulations under federal or cantonal law. |
Chapter 4 Specific Licences |
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:
19 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, in force since 1 March 2002 (AS 2002 248; BBl 2000 3369). 20 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 248257; BBl 2000 3369). |
Section 2: ...21
21 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 (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.22 22 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). Amended by Annex No 1 of the Federal Act of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 54995405Art. 2 let. d; BBl 2006 2713). |
Section 3a Trading Licence23
23 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 248257; 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.24 24 Amended by Annex No 1 of the Federal Act of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 54995405Art. 2 let. d; BBl 2006 2713). |
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.25. 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.26 3ter It may provide for a simplified licensing procedure for the import of specific parts, assembly packages or anonymous components.27 4 No import licence under this Act is required by those who:
25 Amended by Annex No I of the Customs Act of 18 March 2005, in force since 1 May 2007 (SR 631.0). 26 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 248257; 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 the EU on the Association to Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405Art. 1 let. d). 27 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 248257; BBl 2000 3369). 28 Amended by Annex No 1 of the Federal Act of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 54995405Art. 2 let. d; BBl 2006 2713). 29 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 248257; BBl 2000 3369). |
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. |
Section 7 Embargo |
Art. 2530
The granting of licences is not permitted if enforcement measures in terms of the Embargo Act of 22 March 200231 have been ordered. 30 Amended by Art. 17 No 1 of the Embargo Act of 22 March 2002, in force since 1 Jan. 2003 (SR 946.231). 31 SR 946.231 |
Chapter 5 Controls, Procedure, Fees |
Art. 26 Controls
The Federal Council shall issue regulations on the control of the manufacture, trade, brokerage, import, export and transit of war materiel as well as the transfer of intellectual property, including know-how, or the granting of rights thereto, to the extent that these relate to war materiel. |
Art. 27 Obligation to provide information
The holder of a licence under this Act or the proprietor and the staff of the corresponding company are obliged to provide the control authorities with all the information and documents required for appropriate controls to be carried out. |
Art. 28 Powers of the control authorities
1 The control authorities have the right to enter and inspect the business premises of persons obliged to provide information during normal working hours without prior notice and to examine the relevant documents. They shall confiscate incriminating materiel. In the event of suspicion of an offence, more rigorous provisions of procedural law are reserved. 2 If necessary, they may in the course of their controls call in cantonal and communal police officers, the investigating authorities of the Federal Office for Customs and Border Security, and the Federal Intelligence Service.32 3 They may process personal data in accordance with the objectives of this Act. Particularly sensitive personal data may be processed only where it relates to administrative or criminal proceedings and sanctions. Additional particularly sensitive personal data may be processed only if this is indispensable for handling the individual case. 4 They are obliged to preserve professional secrecy and to take all the precautionary measures required in their field to prevent industrial espionage. 32 Amended by No I 15 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). |
Art. 29 Jurisdiction and procedure
1 The Federal Council shall designate the responsible agencies and regulate the procedural details. Border controls are the responsibility of the customs authorities. 2 The Federal Council shall decide on applications that are of substantial importance to foreign or security policy. In addition, the provisions of the Federal Act on Administrative Procedure of 20 December 196833 govern the procedure. 3 The procedure for appeals against orders or rulings made in terms of this Act is governed by the general provisions on federal administrative procedure. 33 SR 172.021 |
Art. 30 Central office
1 The Federal Council shall designate a Central Office for combating illegal activities in connection with war materiel. 2 The Central Office shall participate in enforcement and in the prevention of offences and shall report violations of the provisions of this Act to the competent prosecution authorities. Insofar as and for as long as its duties require, it is entitled to process personal data, including particularly sensitive personal data and personality profiles.34 34 Amended by No I 6 of the Ordinance of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Section of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261). |
Chapter 6 Criminal Provisions |
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: 35
2 In serious cases the penalty is a custodial sentence of at least one year but not exceeding ten years. The custodial sentence may be combined with a monetary penalty.37 3 If the act is committed through negligence, a monetary penalty not exceeding 180 daily penalty units may be imposed.38 4 In the case of unauthorised import or transit, an act committed abroad is also a criminal offence. 35 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 36 Amended by Annex No I of the Customs Act of 18 March 2005, in force since 1 May 2007 (SR 631.0). 37 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 38 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
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:39
2 A custodial sentence may be combined with a monetary penalty.40 3 If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty.41 4 An act committed abroad is an offence in terms of these provisions irrespective of the law of the place of commission if:
39 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 40 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 41 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 42 SR 311.0 43 Inserted by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
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:44
2 A custodial sentence may be combined with a monetary penalty.45 3 If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty.46 44 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 45 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 46 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 35a Offence against the prohibition of cluster munition 47
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:
2 A custodial sentence may be combined with a monetary penalty. 3 If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty. 47 Inserted by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 35b Offences against the prohibition of financing 48
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 A custodial sentence may be combined with a monetary penalty. 3 A person who merely accepts the possibility of an offence against the prohibition of financing under Articles 8bor 8c does not commit an offence. 48 Inserted by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 36 Contraventions
1 Any person who wilfully commits any of the following acts is liable to a fine not exceeding 100,000 francs:49
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.50 49 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). 50 Amended by No I of the Federal Act of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295; BBl 20115905). |
Art. 38 Confiscation of war materiel 52
The court shall order the confiscation of the war materiel concerned, irrespective of the criminal liability of any person, if and 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 subject to the reservation of the Federal Act of 19 March 200453 on the Division of Confiscated Assets. 52 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 (SR 312.4). 53 SR 312.4 |
Art. 39 Confiscation of assets 54
Confiscated assets or rights to compensation become the property of the Confederation subject to the reservation of the Federal Act of 19 March 200455 on the Division of Confiscated Assets. 54 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 (SR 312.4). 55 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. |
Chapter 8 Final Provisions |
Art. 43 Implementation
1 The Federal Council shall issue the implementation regulations. 2 ...56 56 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, in force since 1 March 2002 (AS 2002 248; BBl 2000 3369). |
Art. 46 Transitional provisions
1 ...59 2 Contracts on the transfer of intellectual property, including know-how, or the granting of rights thereto that were entered into prior to this Act coming into force do not require a licence under this Act. 59 Repealed by No II 23 of the Federal Act of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 34373452; BBl 2007 6121). |
Art. 47 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the date on which this Act comes into force; until federal legislation on weapons comes into force, it may refrain from bringing individual provisions into force. 3 It shall regulate trade in propellant powder that is intended for civilian purposes until related statutory provisions have come into force. Commencement Date: 1 April 199860 60 FCD of 25 Feb. 1998 (AS 1998 806). |