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    514.511

    English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

    Ordinance on War Materiel

    (War Materiel Ordinance, WMO)

    of 25 February 1998 (Status as of 1 May 2022)

    The Swiss Federal Council,

    based on the War Materiel Act of 13 December 19961 (WMA), Article 150a paragraph 2 letter c of the Armed Forces Act of 3 February 19952 and Article 43 of the Government and Administration Organisation Act of 21 March 19973,4

    ordains:

    1 AS 514.51

    2 SR 510.10

    3 SR 172.010

    4 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Section 1 General Provisions

    Art. 1 Scope of Application

    1 This Ordinance regulates initial licences and specific licences for the trade, brokerage, import, export and transit of war materiel as well as the conclusion of contracts for the transfer of intellectual property including know-how and the granting of rights thereto.5

    2 The Ordinance applies to Swiss customs territory, Swiss public customs warehouses, warehouses for bulk goods, bonded warehouses and Swiss customs-free zones.6

    5 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    6 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).

    Section 2 Initial Licences

    Art. 3 Application

    (Art. 9 WMA)

    The application for an initial licence must include:

    a.
    a list of the war materiel in respect of which a licence is being sought;
    b.7
    ...
    c.
    an extract certificate from the Commercial Register;
    d.
    an extract certificate from the Tax Register;
    e.
    an extract certificate from the Debt Collection Register;
    f.
    in the case of natural persons, confirmation of place of residence.

    7 Repealed by No I of the O of 21 Nov. 2001, with effect from 1 March 2002 (AS 2002 312).

    Art. 4 Withdrawal and revocation

    (Art. 11 WMA)

    1 An initial licence to manufacture war materiel shall be withdrawn if it has not been used for five years.

    2 An initial licence for the trade or brokerage of war materiel shall be withdrawn if it has not been used for three years.

    3 If an initial licence is withdrawn, revoked or has lapsed for any other reason, the war materiel that is still in the possession of the licence holder shall be sold or recycled under the supervision of the licensing authority.8

    8 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Section 3 Specific Licences

    Art. 5a10 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 volume, a non-re-export declaration in the form of a diplomatic note from the country of destination is required.

    4 If there is evidence that the non-re-export declaration has been violated, the licensing authority may take precautionary measures. The Federal Department of Economic Affairs decides whether a licence should be revoked.

    10 Inserted by No I of the O of 10 Oct. 2012, in force since 1 Nov. 2012 (AS 2012 5533).

    Art. 5b11 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.

    11 Originally Art. 5a. Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Art. 5c12 Licence for the transit of civilian aircraft with war materiel on board

    (Art. 17 para. 3, 22 and 22a WMA)13

    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.14

    12 Inserted by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943).

    13 Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).

    14 Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).

    Art. 615 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.

    15 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Art. 6a16 Exemption from import or transit 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.17

    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.

    16 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).

    17 Amended by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595).

    Art. 918 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)19 for professional or training-related journeys abroad, provided the weapons are subsequently re-imported;
    g.
    security guards for airlines accompanying passenger flights to foreign destinations;
    h.
    security guards for airlines accompanying passenger flights from abroad to destinations in Switzerland or stopping over in Switzerland, provided the weapons do not leave the transit area of the airport.

    2 The import and re-export of firearms with the ammunition pertaining thereto by persons in the categories mentioned in paragraph 1 are governed by the legislation on weapons.

    18 Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).

    19 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. 9a20

    20 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. 9b21 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 firearms22 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.

    21 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).

    22 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. 9c23 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.24

    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.25

    3 War materiel that is also covered by the Weapons Act of 20 June 199726 remains subject to the provisions of the legislation on weapons.

    23 Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    24 Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).

    25 Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).

    26 SR 514.54

    Art. 9d27 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 199728 remains subject to the provisions of the legislation on weapons.

    27 Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    28 SR 514.54

    Art. 9e29 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 199730. 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.31

    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 2.32

    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 provide information expires ten years after customs clearance.33

    4 The licensing authority shall refuse a GIL or a GTL if the natural person or legal entity or its management bodies in the two years prior to filing an application have been convicted with full legal effect of an offence under the WMA, the Goods Control Act of 13 December 199634 or the Weapons Act of 20 June 1997. It shall refuse a GIL if there are grounds for refusal under Article 24 WMA.

    5 The GIL or the GTL shall in such cases be refused for a period of one year; where there is justification, this period may be reduced to six months.

    29 Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    30 SR 514.54

    31 Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).

    32 Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).

    33 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).

    34 SR 946.202

    Section 4 Import Certificates

    Art. 10 Import certificate

    1 On written application from the importer, the State Secretariat for Economic Affairs (SECO) shall issue, in addition to the import licence, an official import certificate for the import of war materiel, provided:35

    a.
    this is expressly requested by the country supplying the war materiel; and
    b.36
    the applicant is domiciled or resident in Switzerland or in Liechtenstein.

    2 It may make the issuing of import certificates subject to the provision of proof regarding the intended import (copies of orders, etc.) and the end use of the war materiel.

    3 It shall monitor the import of goods in respect of which it has issued such certificates.

    35 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    36 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Art. 11 Requirements

    1 The importer must import the war materiel for which an import certificate has been issued within six months of the issue of the import certificate. This period may be extended in response to a justified written request.

    2 He must prove to SECO that the import has taken place by providing the original customs documents and the relevant invoices from the supplier. Proof must be provided without delay following receipt of the original customs documents.37

    37 Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).

    Art. 12 Unused or partially used import certificates

    1 If war materiel in respect of which an import certificate has been issued is not imported into Switzerland, the import certificate must be returned to SECO.

    2 If the import certificate cannot be retrieved from the foreign authority or if only part of the authorised war materiel has been imported, then the importer must notify SECO38 of this in writing before the expiry of the period allowed for the import of the materiel.

    38 Title in accordance with Art. 21 No 4 of the O of 17 Nov. 1999, in force since 1 July 1999 (AS 2000 187). This amendment has been taken into account throughout this text.

    Section 5 Licensing Procedure

    Art. 12a39 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. 13 Licensing authority

    1 The licensing authority is SECO, subject to the reservation of paragraph 3.40

    2 ... 41

    2bis ...42

    3 The responsibility for the transit of military and other state aircraft is governed by the Ordinance of 23 March 200543 on the Protection of Airspace Sovereignty.44

    40 Amended by No I of the Ordinance on War Materiel of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    41 Repealed by No I of the Ordinance on War Materiel of 21 Nov. 2001, with effect from 1 March 2002 (AS 2002 312).

    42 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 2002 (AS 2001 312).

    43 SR 748.111.1

    44 Amended by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943).

    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).45

    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:46

    a.
    the responsible offices of the Federal Department of Defence, Civil Protection and Sport47 in the case of security or procurement policy matters;
    b.
    the Federal Office for Energy in the case of nuclear related matters;
    c.48
    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.49

    3 The offices involved shall decide which applications are of major significance to foreign policy or security policy in accordance with Article 29 paragraph 2 WMA and must therefore be submitted to the Federal Council for decision.50

    4 If the offices involved are unable to agree on the treatment of a request in terms of paragraphs 2 or 3, the application shall be submitted to the Federal Council for decision.

    5 The offices involved may in cases of minor significance or where there are precedents for the decision waive the requirement of a joint decision and authorise SECO to take a decision alone.

    45 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).

    46 Amended by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943).

    47 Title in accordance with unpublished FCD dated 19 Dec. 1997.

    48 Inserted by No I of the O of 19 Aug. 2015, in force since 1 Oct. 2015 (AS 2015 2943).

    49 Inserted by No I of the O of 27 Aug. 2008 (AS 2008 5495). 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).

    50 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Art. 1551 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 one year and may be extended by a maximum of six months.

    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.

    51 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Art. 1652 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.53

    52 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).

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

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

    Section 6 Controls and Administrative Measures

    Art. 17 Obligation to maintain records

    1 Records must be maintained on the manufacture, purchase, sale, or brokerage of or any other form of trade in war materiel, as well as contracts entered into in terms of Article 20 WMA. The records must at all times disclose:

    a.
    the entries, exits and stocks of war materiel;
    b.
    the names and addresses of suppliers, purchasers and contractual parties;
    c.
    the data and subject matter of commercial transactions.

    2 The following documents must be available for inspection for a period of ten years in order to substantiate records:

    a.
    invoices from suppliers;
    b.
    copies of invoices addressed to purchasers and contractual parties; where payment is made in cash, receipts for the goods signed by the purchasers;
    c.
    contracts relating to transactions relating to intellectual property including know-how pertaining to war materiel;
    d.54
    transport documents with details of the transit states.

    54 Inserted by Schedule 2 No 2 of the O of 21 Nov. 2012, in force since 1 Jan. 2013 (AS 2012 6781).

    Art. 18 Duty of diligence

    A person required to maintain records must, prior to handing over materiel or transferring intellectual property including know-how, ascertain by means of official identity documents the personal details and address of the purchaser or contractual party, if these are not already known to him.

    Art. 19 Controls

    1 SECO carries out the controls.

    2 Controls at the border are the responsibility of the FOCBS.55

    55 Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).

    Art. 2157 Administrative measures

    1 General import and general transit licences may be revoked if exceptional circumstances so require. They shall be revoked if, following their granting, circumstances have changed to the extent that the requirements for refusal under Article 9e paragraph 4 are fulfilled.

    2 If anyone fails to comply with the conditions or requirements attached to licences and import certificates, or regulations and orders the based on the legislation on war materiel, the licensing authority may revoke the licence that has been granted to him, or may refuse to extend or renew the licence, or to granted further licences or import certificates for a certain period of time.

    57 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    Section 7 Fees

    Art. 22 Fees

    (Art. 31 WMA)

    1 The licence fees are as follows:

    a.
    for first issue of an initial licence, 500 francs;
    b.
    for the subsequent amendment, modification or reissue of an initial licence, 250 francs;
    c.
    for import and export licences: 0.8 per cent of the value of the goods, but with the minimum fee being 50 francs and the maximum 5000 francs;
    d.58
    for brokerage, trading, general import and general transit licences as well as licences for contracts under Article 20 WMA: 200 francs;
    e.59
    ...
    f.60
    for specific transit licences: 100 francs.

    2 The fees in terms of paragraph 1 letters a, b, d and f may, if exceptional costs are incurred in the granting of a licence, be increased by a maximum of one half of the stipulated fee.61

    3 If import or export licences are not or are only partially used, or if the licensed goods are returned, application may be made for the excess fee to be refunded, under deduction of the administrative costs. The application must be made at the latest three years following issue of the licence.

    4 No fees are charged for import and export licences for war materiel that is intended for the Swiss Armed Forces, the FOCBS, for Swiss and Liechtenstein police forces or for international organisations or their offices in Switzerland.62

    5 No fees are charged for transit licences for:

    a.63
    firearms, and the ammunition pertaining thereto that are carried in transit by marksmen or hunters, provided they produce credible evidence that they are to be used for participating in a third country in a shooting competition, in shooting or other training or in a hunt;
    b.
    war materiel that must be carried in transit through Switzerland in the course of police-type or judicial investigation proceedings in third countries;
    c.64
    ...65

    6 No fees are charged for:

    a.
    the rejection of licensing applications, or the suspension and recall of licences;
    b.
    the extension of licences;
    c.
    controls as under Article 19;
    d.
    services, in particular responding to enquiries, company visits and information events.66

    7 In addition, the provisions of the General Fees Ordinance of 8 September 200467 apply.68

    58 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    59 Repealed by No I of the O of 21 Nov. 2001, with effect from 1 March 2002 (AS 2002 312).

    60 Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    61 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    62 Amended by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    63 Amended by No I of the O of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).

    64 Repealed by No I of the O of 27 Aug. 2008, with effect from 12 Dec. 2008 (AS 2008 5495).

    65 Inserted by No I of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    66 Inserted by No I of the O of 16 June 2006, in force since 1 Aug. 2006 (AS 2006 2671).

    67 SR 172.041.1

    68 Inserted by No I of the O of 16 June 2006, in force since 1 Aug. 2006 (AS 2006 2671).

    Section 8 Final Provisions

    Art. 23 Implementation

    1 SECO shall implement this Ordinance.

    2 Information on the legislation on war materiel may be obtained from SECO.

    Art. 24b71 Transitional provision to the amendment of 30 March 2022

    1 Applications that are pending when the amendments of 30 March 2022 come into force are dealt with under the previous law.

    2 The extension of export licences that were granted before the amendments of 30 March 2022 come into force is dealt with under the previous law.

    3 A new application for a licence must be submitted for war materiel whose export was licensed before the amendments of 30 March 2022 come into force and which could not be exported or could not be exported in full within the period of validity of the licence or its extension. The new application shall be dealt with under the previous law.

    71 Inserted by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).

    Art. 25 ...

    1 and 2 ...72

    3 ...73

    72 Repealed by No I of the O of 21 Nov. 2001, with effect from 1 March 2002 (AS 2002 312).

    73 Inserted by No I of the Ordinance on War Materiel of Nov. 2001 (AS 2002 312). Repealed by No IV 14 of the O of 22 Aug. 2007 on the formal revision of the FA, with effect from 1 Jan. 2008 (AS 2007 4477).

    Annex 174

    74 Revised in accordance with No I of the O of 25 Aug. 1999 (AS 1999 2454) and II of the O of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).

    (Art. 2)

    List of War Materiel

    Note: The goods listed as the Annex to the War Materiel Ordinance originate from the «Munitions List» (ML) in the Wassenaar Arrangement. The numbers allocated to the individual items correspond to those in the ML. Any goods that are not listed below, but which are contained in the ML are deemed to be «special military goods» and are subject to the provisions of the Goods Control Act of 13 December 1996 (SR 946.202).

    Table of Contents

    Item

    Description of goods

    ML 1

    Hand guns and small arms of any calibre

    ML 2

    Weapons of any calibre (but excluding hand guns and small arms controlled by ML 1)

    ML 3

    Ammunition for the weapons controlled by ML 1, 2 or 12

    ML 4

    Bombs, torpedoes, rockets, and missiles

    ML 5

    Fire control equipment

    ML 6

    Armoured vehicles and other ground vehicles

    ML 7

    Tear gases and other irritants

    ML 8

    Military explosives, combustible substances and fuels

    ML 9

    Vessels of war

    ML 10

    Manned and unmanned aircraft including aero-engines

    ML 11

    Electronic equipment

    ML 12

    High velocity kinetic energy weapons systems

    ML 13

    Special armoured or protective equipment

    ML 14

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 15

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 16

    Forgings, castings and other unfinished products

    ML 17

    Miscellaneous equipment (robots, etc.)

    ML 18

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 19

    Directed energy weapons systems (e.g. laser systems)

    ML 20

    Cryogenic (low temperature) and superconductive equipment

    ML 21

    Software

    ML 22

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 1

    Hand guns and small arms of any calibre and accessories and specially designed components therefor, but not including:

    a.
    Clearly recognisable hunting and sports weapons (e.g. as per ISSF standard) that cannot also be used as military weapons in the same form;
    b.
    Single-shot firearms and muzzle-loading firearms;
    c.
    Small arms and repeating rifles for rimfire ammunition;
    d.
    Antique weapons for which usable ammunition is no longer produced or which are no longer available on the public market.

    Note: ML 1.d. also controls the following weapons:

    1.
    Muskets, rifles and carbines manufactured before 1890 , and their reproductions;
    2.
    Revolvers, pistols and machine guns manufactured before 1890 , and their reproductions.

    ML 1.a. to ML 1.d. also control weapons specially designed to fire dummy ammunition, which cannot fire ammunition controlled by ML 3.

    ML 2

    Weapons and armaments of any calibre (but not including handguns and small arms controlled by ML 1), projectors and accessories as follows, and specially designed components therefor:

    a.
    Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers and recoilless weapons;

    Note: ML 2.a. includes injectors, metering devices, storage tanks and specially designed components for use with liquid propelling charges for any of the equipment controlled by ML 2.a.

    b.
    Military smoke and gas projectors, military pyrotechnic projectors or generators.

    Note: ML 2.b. does not control signal pistols.

    ML 3

    Ammunition for weapons controlled by ML 1, ML 2 or ML 12 as well as specially designed components therefor

    Notes:

    1.
    Specially designed components include:
    a.
    Metal or plastic components, e.g. primer anvils, bullet cups, cartridge links, rotating bands and other metal munitions parts;
    b.
    Safing and arming devices, fuses, sensors and initiation devices;
    c.
    Power supplies with high one-time operational output;
    d.
    Combustible cases for propelling charges;
    e.
    Submunitions including bomblets, minelets and terminally guided projectiles.
    2.
    ML 3 does not control ammunition without a projectile (blank star) and dummy ammunition with a pierced powder chamber.

    ML 4

    Bombs, torpedoes, rockets, missiles and related equipment and accessories as follows, specially designed for military use, and specially designed components therefor:

    Bombs, torpedoes, grenades, smoke canisters, rockets, mi­nes, missiles, depth charges, demolition charges and accessories, military pyrotechnics, flares and manoeuvre ammunition (i.e. equipment, simulating the characteristics of any of the items controlled by ML 4).

    Note: ML 4 includes:

    1.
    Smoke grenades, fire bombs, incendiary munitions and explosive devices;
    2.
    Missiles rocket nozzles and nose-tips for re-entry vehicles.

    ML 5

    Fire control equipment specially designed for military use, as follows, as well as specially designed components and accessories therefor

    a.
    weapons sights, bombing computers, gun laying equipment and weapon control systems;
    b.
    target acquisition, designation, range-finding, surveillance or tracking systems; detection or data merger devices (data merger) and sensor integration equipment.

    ML 6

    Armoured and other ground vehicles, and components therefor, specially designed or modified for military use

    Technical note: The term «ground vehicles» in ML 6 also includes specially equipped trailers.

    Remarks:

    1.
    ML 6 includes:
    a.
    Armoured vehicles, with or without weapons, specifically designed or modified for military use (also includes armoured recovery vehicles);
    b.
    Other vehicles of any type that are specifically designed or modified for using weapons (e.g. combat vehicles, armed or unarmed, equipped with mountings for arms or equipment for mine laying or for the launching of munitions controlled under ML 4);
    c.
    Tracked vehicles that are specifically designed or modified for military use.
    2.
    The design or modification of the abovementioned ground vehicles for military use may entail a structural, electrical or mechanical modification, involving one or more specially designed components. Such components include:
    a.
    Pneumatic tyre casings designed to be bullet-proof or to run when deflated;
    b.
    Tyre inflation pressure control systems that can be operated from within a moving vehicle;
    c.
    armoured protection of vital parts (e.g. fuel tanks or vehicle cabins);
    d.
    special reinforcements for the mounting of weapons.
    3.
    ML 6 does not control civilian automobiles or trucks designed or modified for transporting money or valuables that have armoured or ballistic protection.

    ML 7

    Tear gases and other «riot control» agents:

    1. CA: bromobenzyl cyanide (CAS-No. 5798-79-8);

    2. CS: o- chlorobenzylidenemalononitrile (CAS-No. 2698-41-1);

    3. CN: -chloroacetophenone (CAS-No. 532-27-4);

    4. CR: Dibenz-b,f)1,4-oxazephine-b,f)1,4-oxazephine-(b,f)-1,4-oxazephine-(b,f)-1,4-oxazephine (CAS-No. 257-07-8).

    Remarks:

    1.
    The following are not controlled:
    a.
    ethyl bromoacetate;
    b.
    xylyl bromide;
    c.
    benzyl bromide;
    d.
    benzyl iodide;
    e.
    bromo acetone;
    f.
    cyanogen bromide;
    g.
    bromo methylethylketone;
    h.
    chloro acetone;
    i.
    ethyl iodoacetate;
    j.
    iodo acetone.
    2.
    Individually packaged tear gases or other irritants for personal self-defence purposes are not controlled.

    ML 8

    Military explosives and combustible agents, including fuels:

    a.
    Explosives and fuels that fulfil the following performance parameters:
    1.
    Explosives with a detonation velocity exceeding 8700 m/s or a detonation pressure exceeding 34 GPa (340 kbar);
    2.
    Organic explosives yielding a detonation pressure of 25 GPa (250 kbar) or more that will remain stable at tempe­ratures of 250°C (523 K) or higher for periods of 5 min or longer;
    3.
    Solid propellants in UN Class 1.1 with a theore­tical specific impulse (under standard conditions) of more than 250 seconds for non-metalised, or more than 270 seconds for aluminised compositions;
    4.
    Solid propellants in UN Class 1.3 with a theore­tical specific impulse of more than 230 seconds for non-halogenised, 250 seconds for non-metalised, and 266 seconds for metalised compositions;
    5.
    Propellent powder with a force constant exceeding 1200 kJ/kg;
    6.
    Explosives, fuels or pyrotechnics that can sustain a steady-state linear burning rate of more than 38 mm/s at 6.89 MPa (68,9 bar) pressure and 21°C (294 K); or
    7.
    Elastomer modified cast double base propellants (EMCDB) with an extensibility at maximum stress of more than 5% at -40 °C (233 K);
    b.
    Military pyrotechnics;
    c.
    Other substances as follows:
    1.
    Aircraft fuels specially designed for military use;
    2.
    Military materials containing thickeners for hydrocarbon fuels specially developed for use in flame throwers or incendiary munitions, such as metal stearates or palmates (octal) (CAS-No. 637-12-7) and M1, M2, and M3 thickeners;
    3.
    Liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) or oxygen difluoride.

    Note: Aircraft fuels that are controlled by ML 8.c.1. are finished products and not their constituents.

    ML 9

    Vessels of war and accessories as follows as well as components therefor, specially designed for military use:

    a.
    Combatant vessels or vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted for non-military use, and regardless of current state of repair or operating condition or whether or not they contain weapons delivery systems or armour, as well as hulls or parts of hulls for such vessels;
    b.
    Engines as follows:
    1.
    Diesel engines specially designed for submarines, with both of the following characteristics:
    a.
    power output of 1.12 MW (1500 PS) or more; and
    b.
    rotary speed of 700 rpm or more;
    2.
    Electric motors specially designed for submarines, with all of the following characteristics:
    a.
    power output of more than 0.75 MW (1000 PS);
    b.
    quick reversing;
    c.
    liquid cooled; and
    d.
    totally enclosed;
    3.
    Non-magnetic diesel engines with a power output of 37.3 kW (50 PS) or more and with a non-magnetic content of more than 75% of the total mass.

    ML 10

    Aircraft, unmanned aircraft, aero-engines, aircraft equipment, related equipment and components, specially designed or modified for military use, as follows:

    a.
    Combat aircraft and helicopters and specially designed components therefor;
    b.
    Other aircraft, specially designed or modified for mi­litary use;
    c.
    Aero-engines for aircraft under letters a and b above and specially designed components therefor;
    d.
    Unmanned aircraft including remotely piloted air vehicles (RPVs) and autonomous, pro­grammable vehicles, specially designed or modified for military use, as well as their launchers, ground support equipment and related equipment for command and control.

    Notes:

    1.
    ML 10.b. does not control aircraft or variants of such aircraft that are specially designed for military use that:
    a.
    are not configured for military use and are not fitted with technical equipment or attachments that are specially designed or modified for military use; and
    b.
    have been certified for civil use by a civil aviation authority in a participating state.
    2.
    ML 10.c. does not control:
    a.
    Aero-engines designed or modified for military use that have been certified by the civil aviation authority of a participating state for use in civil aircraft, as well as specially designed components therefor;
    b.
    reciprocating engines or specially designed components therefor.
    3.
    The control in ML 10.b. and ML 10.c. on specially designed components and related equipment for non-military aircraft or aero-engines modified for military use applies only to those military components and related military equipment required for the modification for military use.
    4.
    ML 10.d does not include reconnaissance drones.

    ML 11

    Electronic equipment specially designed for military use not controlled elsewhere in this list, and specially designed components therefor

    Note:

    ML 11 includes the following:

    a.
    Equipment for electronic countermeasures (ECM) and electronic counter-countermeasure equipment (ECCM), including electronic jamming and counter-jamming equipment, i.e. equipment designed to introduce extraneous signals or erroneous signals into ra­dar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary receivers including their countermeasures equipment;
    b.
    Equipment for underwater countermeasures including acoustic and magnetic jamming and decoy that introduce extraneous signals or erroneous signals into sonar receivers.

    ML 12

    High velocity kinetic energy weapon systems as follows, as well as specially designed components therefor:

    Kinetic energy weapon systems specially designed for the destruction or defence against (mission abort) of a target.

    Notes:

    1.
    ML 12 includes the following when specially designed for kinetic energy weapons systems:
    a.
    Launch propulsion systems capable of accelerating masses larger than 1 g to velocities in excess of 1.6 km/s in single rapid fire modes;
    b.
    Prime power, electric armour, energy storage, thermal management, conditioning, switching or fuel handling equipment, electrical interfaces between power supply, gun and other tower electric drive functions;
    c.
    target acquisition, tracking, fire control or damage assessment systems;
    d.
    homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.
    2.
    ML 12 controls systems using any of the following methods of propulsion:
    a.
    electromagnetic;
    b.
    electrothermal;
    c.
    plasma;
    d.
    light gas; or
    e.
    chemical (when used in combination with any of the above).
    3.
    ML 12 does not control the technology for magnetic induction in the permanent propulsion of civil transport systems.
    4.
    Weapons that use sub-calibre ammunition or work solely by chemical propulsion, and ammunition therefor: see ML 1, ML 2, ML 3 and ML 4.

    ML 13

    Special armoured or protective equipment and constructions and components, as follows:

    a.
    Armoured plate as follows:
    1.
    manufactured to comply with military standard or specification; or
    2.
    suitable for military use;
    b.
    Constructions of metallic and non-metallic materials or combinations thereof specially designed to provide ballistic protection for military systems.

    Note: ML 13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters.

    ML 14

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 15

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 16

    Forgings, castings and other unfinished products the use of which in a controlled product is identifiable by material composition, geometry or function, and which are specially designed for any products controlled by ML 1, ML 2, ML 3, ML 4, ML 6, ML 9, ML 10, ML 12 or ML 19

    ML 17

    Miscellaneous equipment, materials and libraries, as follows, and specially designed components therefor:

    a.
    Robots, robot controllers and robot-end-effectors specially designed for Military use;
    b.
    Libraries (parametric technical databases) specially designed for military use with equipment controlled by this list;
    c.
    Nuclear power generating equipment or propulsion equipment including nuclear reactors, specially designed for military use, and components therefore specially designed or modified for military use.

    Technical Note: For the purpose of ML 17, the term «library» (parametric technical database) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems.

    ML 18

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    ML 19

    Directed energy weapon systems as follows and specially designed components therefor:

    a.
    Laser systems specially designed for the destruction or defence against (mission abort) of a target;
    b.
    Particle beam systems capable of the destruction or defence against (mission abort) of a target;
    c.
    High power radio-frequency systems capable of the destruction or defence against (mission abort) of a target.

    Notes:

    1.
    Directed energy weapon systems controlled by ML 19 include systems whose capability is derived from the controlled application of:
    a.
    lasers with sufficient continuous wave or pulsed power to effect destruction comparable with that of conventional ammunition;
    b.
    particle accelerators that project a charged or neutral particle beam with destructive power;
    c.
    radio frequency beam transmitters with high pulsed power or high average power that produce fields sufficiently intense to disable electronic circuitry in a distant target.
    2.
    ML 19 includes the following when specially designed for directed energy weapon systems:
    a.
    Prime power generation, energy storage, switching, energy conditioning and fuel-handling equipment;
    b.
    Target acquisition and tracking systems;
    c.
    Systems for assessing target damage, destruction or mission abort;
    d.
    Beam-handling, propagation or pointing equipment;
    e.
    Equipment with rapid beam slew capability for rapid multiple target operations;
    f.
    Adaptive optics and phase conjugators;
    g.
    Current injectors for negative hydrogen ion beams;
    h.
    Space qualified accelerator components;
    i.
    Negative ion beam funnelling equipment;
    j.
    Equipment for controlling and slewing a high energy ion beam;
    k.
    Space qualified foils for neutralising negative hydrogen isotope beams.

    ML 20

    Cryogenic (low temperature) and superconductive equipment, as follows, and specially designed components and accessories therefor:

    a.
    Equipment specially designed or configured for installation in a vehicle for military ground, marine, airborne or space applications as per this list capable while in motion of producing or maintaining temperatures below –170 °C (103 K);

    Note: ML 20.a. includes mobile systems incorporating or employing accessories and components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials.

    b.
    Superconductive electrical equipment (rotating machinery and transformers), specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications as per this list, and capable of operating while in motion.

    Note: ML 20.b. does not control direct-current hybrid, homopolar generators that have single-pole, normal metal armatures that rotate in a magnetic field produced by superconductive windings, provided those windings are the only superconductive component in the generator.

    ML 21

    Software, as follows:

    Software specially designed or modified for the use of products that are controlled by this list.

    ML 22

    (Contains no war materiel; listed in order that numbering corresponds to ML)

    Annex 275

    75 Revised in accordance with No I of the O of 25 Aug. 1999, in force since 1 Oct. 1999 (AS 1999 2454).

    (Art. 6 and 7)

    List of countries where no specific licences are required in terms of Articles 6 and 7 WMO

    Argentina

    Australia

    Belgium

    Denmark

    Germany

    Finland

    France

    Greece

    Great Britain

    Ireland

    Italy

    Japan

    Canada

    Luxembourg

    New Zealand

    Netherlands

    Norway

    Austria

    Poland

    Portugal

    Sweden

    Spain

    Czech Republic

    Hungary

    USA

    Annex 376

    76 Inserted by Annex 4 No II 2 of the Weapons Ordinance of 2 July 2008, in force since 12 Dec. 2008 (AS 2008 5525).

    (Art. 6a para. 4)

    Schengen Association Agreements

    The Schengen Association Agreements comprise:

    a.
    the Agreement of 26 October 200477 between the Swiss Confederation, the European Union and the European Community on the association of that State with the implementation, application and development of the Schengen Acquis (SAA);
    b.
    the Agreement of 26 October 200478 in the form of an exchange of letters between the Council of the European Union and the Swiss Confederation on the Committees that assist the European Commission in the exercise of its executive powers;
    c.
    the Agreement of 17 December 200479 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the Implementation, Application and Development of the Schengen Acquis and on the Criteria and Procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway;
    d.
    the Agreement of 28 April 200580 between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of those parts of the Schengen Acquis that are based on the provisions of Title IV of the Treaty establishing the European Community;
    e.
    the Protocol of 28 February 200881 between the Swiss Confederation, the European Union, the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen Acquis.

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