Legislation

Information and links to the key legal provisions.

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The Export Controls of Armaments unit has lead responsibility for implementing the War Materiel Act (WMA; SR 514.51) and the associated War Materiel Ordinance (WMO; SR 514.511).

These and other relevant legal provisions (e.g. the Embargo Act) are linked below.

Licences are granted provided they are consistent with international law, Switzerland's international obligations and the principles of Swiss foreign policy (Art. 22 WMA); they are precluded where compulsory measures are in force under the Embargo Act. When assessing applications involving foreign transactions, SECO takes into account the impact on peace, stability and security; the domestic situation, including human rights, in the country of destination; the development policy context in accordance with the OECD DAC criteria; the destination country's compliance with international law in its relations with the international community; and the position of partner states with which Switzerland cooperates on a plurilateral basis.

In addition, the War Materiel Act sets out four grounds on which the granting of an export licence is in principle categorically precluded (cf. Art. 22a para. 2 WMA). Exceptions exist for the export of weapons for private or sporting purposes (Art. 22a para. 3 WMA) and for peace-promotion missions such as those of the UN (Art. 22a para. 4 WMA).

Procedure

Decisions on applications for a general licence are taken by SECO following consultation with the Federal Intelligence Service (cf. Arts. 9 and 10 WMA). Decisions on applications for individual licences, such as export licences, are taken by SECO in consultation with the Federal Department of Foreign Affairs (FDFA) and, depending on the nature of the application, in consultation with other departments (cf. Art. 14 WMO). Where the authorities involved cannot reach agreement on how an application should be handled, it is referred to the Federal Council for a decision. The Federal Council also decides on applications of substantial importance to foreign or security policy (Art. 29 WMA).

• Links

  • CC 514.51
    Federal Act on War Materiel (War Mat Act, WMA)
  • CC 514.511
    Ordinance on War Materiel (War Materiel Ordinance, WMO)
  • CC 514.54
    Federal Act on Weapons, Weapon Accessories and Ammunition (Weapons Act, WA)
  • CC 946.231
    Federal Acton the Implementation of International Sanctions (Embargo Act, EmbA)
  • SR 514.541
    Regulation on weapons, weapon accessories, and ammunition (available in German, French and Italian only)
  • SR 941.41
    Federal Act on Explosives (available in German, French and Italian only)
  • SR 941.411
    Explosives Act (available in German, French and Italian only)

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