The purpose of this Act is to control dual-use items and specific military assets.

¹ The provisions of this Law include dual-use items and specific military goods subject to international agreements.

² The Federal Council shall determine the dual-use and specific military assets which, under international law, are subject to international law, are governed by this Law.

³ This Act applies only to the extent that the Federal Act of December 13, 1996 ¹ On war material or the law of 23 December 1959 ² Atomic energy is not applicable.

The term is:

A.

By Goods: Goods, technologies and software;

B.

By Dual-use items: Goods for both civilian and military purposes;

C.

By Specific military assets: Goods that have been designed or modified for military purposes, but are not weapons, ammunition, military explosives or other means of combat or for the conduct of combat, as well as military training aircraft with point Emport;

D.

By Technology: Information which is not available to the public and is not used for basic scientific research, which is necessary for the development, manufacture or use of a property;

E.

By Brokerage: The creation of the essential conditions for the transfer of contracts, or the conclusion of contracts, where the benefits are provided by third parties, irrespective of where the goods are located.

In accordance with international agreements, the Federal Council may:

A.

Establish the permit system and the requirement to report, and order monitoring measures to:

1. ¹

Research, development, manufacturing, storage, transfer and use of assets;

2.

The import, export, transit and brokering of goods;

B.

Establish inspection requirements.

In order to support international control measures which are not obligatory from the point of view of international law, and in so far as Switzerland's main trading partners also support these measures, the Federal Council may, For the import, export, transit and brokering of goods:

A.

Implement the permit system and the reporting requirement;

B.

Order surveillance measures.

¹ The granting of the permit is excluded if:

A.

The proposed activity contravens international agreements;

B.

The proposed activity contravens non-binding international control measures from the point of view of international law supported by Switzerland;

C.

Coercive measures based on the law of 22 March 2002 on embargoes ¹ Have been enacted. ²

^1bis The permit is also refused if there is a reason to believe that the proposed activity favours terrorist groups or organized crime. ³

² Permits for specific military goods are also refused when the United Nations or certain states, such as Switzerland, participate in international export control measures. ⁴ , prohibit the export of such goods, and if Switzerland's main trading partners associate themselves with these prohibition measures.

¹ The permit is withdrawn if, since its grant, the circumstances have changed so that the conditions of the refusal referred to in s. 6, are completed.

² The permit may be withdrawn if the conditions and charges associated with it are not observed.

¹ Under international agreements, the Federal Council may provide that no permits will be issued for certain countries of destination.

² The Federal Council may provide relief or exceptions to control measures in respect of certain countries of destination, in particular for:

A.

Contracting Parties to international agreements; or

B.

Countries participating in international non-binding control measures from the point of view of international law supported by Switzerland.

¹ Every person who files an application for a permit or is the holder of a permit is required to provide the inspection bodies with all the information and documents necessary for the overall assessment of a case or control.

² Any person who is otherwise subject to the control measures provided for in this Act shall be subject to the same obligation.

¹ Control bodies are allowed to enter the commercial premises of persons required to provide information and to visit them during normal working hours and without prior notice; they also have the right to know All useful documents. They are sequestering exhibits. More stringent requirements of procedural law are reserved in the case of a presumption of punishable acts.

² They may appeal to the cantonal and municipal police bodies as well as to the investigative bodies of the federal customs administration. ¹ In the presence of evidence of an offence under this Act, they may appeal to the Federal Intelligence Service and the relevant police agencies of the Confederation. ²

³ The supervisory bodies shall be entitled, within the limits of the objectives of this Law, to process personal data. In the case of sensitive personal data, only data on prosecutions or criminal and administrative sanctions can be processed. The processing of other sensitive personal data is permitted where it is essential for the resolution of a case.

⁴ The supervisory bodies shall be subject to a duty of secrecy and shall, within the limits of their powers, take all precautions to avoid economic espionage.

The Federal Council appoints the competent services and regulates the details of the procedure. Border control is the responsibility of the customs authorities.

In the case of an appeal against a decision taken under this Law, the general provisions of the federal administrative procedure shall apply.

The Federal Council shall provide information to the Federal Assembly on the implementation of this Law through the reports on external economic policy.

¹ To be punished by imprisonment or a fine of not more than 1 million francs to anyone, intentionally:

A.

Without the holder of a permit, manufactures, stores, transfers, uses, imports, exports, transits or engages in the brokering of goods or does not observe the conditions and expenses specified in a permit;

B.

Without a permit, transfers technology or software to recipients outside Canada, or engages in brokering or fails to observe the conditions and expenses specified in a permit;

C.

In an application, gives false or incomplete information when it is essential for the granting of a permit, or uses such a request made by a third party;

D.

Does not declare or misrepresent the import, export, transit or brokering of goods;

E.

Cause or cause to be traded, delivered, transferred or made to a consignee or to a place of destination other than that contained in the permit;

F.

Sends goods to a third party, of which it knows or must assume that it will transmit them, directly or indirectly, to a final user to whom they are not to be delivered.

² In the event of a serious offence, the penalty shall be imprisonment for at most ten years. The penalty of deprivation of liberty may be accompanied by a fine of up to 5 million francs.

³ If the perpetrator acted negligently, the penalty shall be imprisonment for up to six months or a fine of up to 100 000 francs.

¹ To be punished by a judgment or a fine of up to 100 000 francs, anyone who intentionally:

A.

Refuses to provide the information, documents or access to the commercial premises under s. 9 and 10, para. 1, or makes false statements;

B.

Otherwise contravening this Act, one of its implementing provisions for which the violation is declared punishable, or a decision referring to the criminal provisions of this Article, without its conduct being punishable Under another offence.

² Attempt and complicity are punishable.

³ If the perpetrator is negligent, the penalty shall be a fine of not more than 40 000 francs.

⁴ Criminal action is prescribed for five years. In the event of an interruption of the prescription, this period cannot be exceeded by more than half.

¹ To be punished with a fine of 5000 francs to the most anyone, intentionally or negligently, contravening:

A.

A provision of this Act or a provision of enforcement for which the violation is declared punishable;

B.

A decision referring to the criminal provisions of this Article.

² In cases of minor severity, the fine may be replaced by a warning.

In the case of an offence committed in a company, s. 6 of the Federal Act of 22 March 1974 on administrative criminal law ¹ Is applicable.

The judge pronounces, even though no specified person is punishable, the confiscation of the material in question if no guarantee can be given for a subsequent use in accordance with the law. The confiscated equipment and the proceeds of its liquidation shall be vested in the Confederation, subject to the application of the Federal Law of 19 March 2004 on the sharing of confiscated heritage values ² .

¹ Prosecution and prosecution of offences under s. 14 and 15 are under the jurisdiction of the Federal Criminal Court. ¹

^1bis Federal Law of 22 March 1974 on Administrative Criminal Law ² Is applicable to the prosecution and adjudication of offences under s. 15 A . ³

² The authorities authorised to issue the licences and responsible for the control, the police bodies of the cantons and the municipalities, as well as the customs authorities shall be obliged to report to the Public Prosecutor of the Confederation the infringements of this Law They have discovered or became aware of them in the performance of their duties.

The competent authorities of the Confederation and the police agencies of the cantons and municipalities may communicate with each other and make known to the competent supervisory authorities the data necessary for the implementation of this Law.

¹ The competent federal authorities in the field of enforcement, control, prevention of offences and criminal prosecution may cooperate with the competent foreign authorities, as well as with international organisations or fora, And coordinate their investigations, provided that:

A.

The performance of this Act or of comparable foreign requirements; and

B.

The foreign authorities, organisations and international bodies in question are bound by the secrecy of the function or by a duty of equivalent discretion and give, in their field, any guarantee against economic espionage.

² In particular, they may require foreign authorities, as well as international organisations or bodies, to provide the necessary data. To obtain them, they can provide data on:

A.

The nature, quantity, place of destination and use, use, and the recipients of the goods;

B.

Persons involved in the manufacture, delivery or brokering of goods;

C.

The financial terms of the transaction.

³ If reciprocity is granted by the foreign state, the data referred to in para. 2, ex officio or upon request, to the extent that the foreign authority provides assurance that such data:

A.

Shall be processed only for purposes consistent with this Act, and

B.

Will be used in criminal proceedings only on the condition that they are subsequently obtained in accordance with the provisions on international mutual legal assistance.

⁴ The federal authorities referred to in the first subparagraph may also communicate the data in question to international organisations or to international bodies if the conditions laid down in para. 3 are combined, notwithstanding the requirement of reciprocity.

⁵ The provisions on international mutual legal assistance in criminal matters are reserved.

An information service acquires, processes and communicates the data necessary for the execution of this Law, the prevention of offences and the criminal prosecution.

¹ The Federal Council shall adopt the implementing provisions.

² The Federal Department of Economics, Training and Research ¹ May adapt the lists established by the Federal Council pursuant to s. 2, para. 1 and 2, and art. 8, para. 2, let. B.

¹ This Act is subject to an optional referendum.

² The Federal Council shall fix the date of entry into force.