The purpose of this Act is to ensure compliance with international obligations and the principles of Switzerland's foreign policy, through the control of the manufacture and transfer of war material and related technology, and Allowing the maintenance in Switzerland of an industrial capacity adapted to the needs of its defence.

The following are subject to the authorization of the Confederation:

A.

The manufacture of war material;

B.

Trade in war materiel;

C.

The brokering of war materiel;

D.

The import, export and transit of war material;

E.

The transfer of immaterial goods, including the know-how, and the grant of rights relating thereto, provided that they concern war material and are intended for natural or legal persons having their domicile or their seat in Foreign.

The customs legislation, the provisions on the traffic in payments and other legislative acts concerning foreign trade are reserved.

The provisions concerning the initial authorisation (Art. 9 to 11) do not apply to the arms companies of the Confederation. ¹ The provisions concerning brokering (art. 15 and 16), import and export (art. 17 to 19), as well as the transfer of intangible property or the grant of related rights (art. 20 and 21) are not applicable to arms companies when their operations are related to the acquisition of war material for the Swiss army.

¹ War material means:

A.

Weapons, weapon systems, ammunition and military explosives;

B.

Equipment specifically designed or modified for a commitment to combat or for the conduct of combat which, in principle, is not used for civilian purposes.

² War material also means spare parts and assembly parts, even partially machined, when it is recognizable that they cannot be used in the same execution for civil purposes.

³ The Federal Council designates war material in an order.

¹ By manufacture, within the meaning of this Law, any professional activity consists of the production of war material or the modification of the parts essential to its operation.

² A trade, within the meaning of this Act, means any professional activity consisting of the offer, acquisition or transfer of war material.

³ Brokerage means:

A.

The creation of the essential conditions for the conclusion of contracts for the manufacture, supply, acquisition or transfer of war material, or the transfer of intangible assets, including know-how, or the granting of Related rights, as long as these relate to war material;

B.

The conclusion of such contracts where the benefits are provided by third parties.

¹ It is prohibited:

A.

Develop, manufacture, provide as an intermediary, acquire, surrender to anyone, import, export, transit, store nuclear, biological or chemical weapons (ABC weapons) or otherwise dispose of them;

B.

Encourage anyone to commit an act referred to in the Act; a;

C.

To promote the achievement of an act referred to in the letter. A.

² This prohibition does not apply to acts intended to:

A.

To enable the competent bodies to destroy ABC weapons, or

B.

To protect against the effects of ABC weapons or to combat these effects.

³ The prohibition also applies to acts committed abroad, irrespective of the law applicable to the place of commission, if:

A.

These acts violate international law agreements to which Switzerland is a party, and

B.

The author is Swiss or has his domicile in Switzerland.

¹ It is prohibited:

A.

Develop, manufacture, provide as an intermediary, acquire, surrender to any person, import, export, transit, store or otherwise dispose of anti-personnel mines;

B.

Encourage anyone to commit an act referred to in the Act; a;

C.

To promote the achievement of an act referred to in the letter. A. ¹

² In order to develop techniques for the detection, removal and destruction of anti-personnel mines, and in order to train personnel in these techniques, the conservation or transfer of a number of these mines is permitted. This number must not exceed the number of mines that are absolutely necessary for the purposes mentioned. ²

³ Anti-personnel mines shall mean explosive devices placed under or on the ground or on another surface, or nearby, designed or modified to explode as a result of the presence, proximity or contact of a person, and intended to be taken out of

Combat, injure or kill one or more persons. Mines designed to explode due to the presence, proximity or contact of a vehicle and not a person, who are equipped with anti-handling devices, are not considered to be anti-personnel mines due to the presence of This device. ³

⁴ An anti-handling device means a device intended to protect a mine, which is part of the mine, is attached to, attached to, or placed under the mine, and which is triggered in the event of tampering or other manipulation. Intentional disturbance of the mine. ⁴

¹ It is prohibited:

A.

Develop, manufacture, procure as an intermediary, acquire, surrender to anyone, import, export, transit, store or otherwise dispose of cluster munitions;

B.

Encourage anyone to commit an act referred to in the Act; a;

C.

To promote the achievement of an act referred to in the letter. A.

² L' al. 1 also applies to small explosive devices that are specifically designed to be dispersed or released from an aircraft dispersant.

³ In order to develop techniques for the detection, removal and destruction of cluster munitions, to train personnel in such techniques and to develop countermeasures, retention, acquisition or transfer of a certain Many of these weapons are permitted. This number must not exceed the number of weapons that are absolutely necessary for the purposes mentioned.

¹ It is prohibited to directly finance the development, manufacture or acquisition of prohibited war materials.

² Direct financing for the purposes of this Law shall be regarded as direct financing of loans, loans, donations or comparable financial benefits in order to cover or advance the costs of the development, manufacture or acquisition of Prohibited war materials or the costs associated with such activities.

¹ It is prohibited to indirectly fund the development, manufacture or acquisition of prohibited war materials if the intended purpose is to circumvent the prohibition of direct funding.

² Is considered indirect funding within the meaning of this Act:

A.

Participation in companies that develop, manufacture or acquire prohibited war materials;

B.

The purchase of bonds or other investment products issued by such companies.

¹ Must be the holder of an initial authorisation for any person who intends on Swiss territory:

A.

Manufacturing war material;

B.

Trade in war material, on its own account or on behalf of others, or brokering it, in a professional capacity, for recipients abroad, regardless of where the material is located.

² No initial authorization is required for the person who:

A.

As a subcontractor, the book of war material to companies in Switzerland who are themselves holders of an initial authorisation;

B.

Executed orders from the Confederation for war material intended for the Swiss army;

C. ¹

Holder of a trade account under the law on arms, manufactures firearms, essential elements, specially designed components or accessories of such weapons, ammunition or ammunition elements within the meaning of the Arms legislation, or in fact, trade or brokering in a professional capacity for recipients outside Canada;

D.

Authorised under the law on explosives, manufactures explosive materials, war powder or pyrotechnic devices subject to explosives legislation or makes trade in Switzerland. ²

¹ The initial authorisation shall be granted to natural or legal persons:

A.

Provide the necessary guarantees for the regular management of their affairs; and

B.

Whose planned activity is not contrary to the interests of the country.

² If, in order to carry on business, the applicant must also be licensed under federal or cantonal arms legislation, the initial authorisation will only be issued if the first authorisation has been granted.

¹ The initial authorization is not transferable and is only valid for the war material it mentions. It may be of limited duration and subject to charges and conditions.

² It may be revoked, partly or completely, if the conditions for its grant are no longer fulfilled.

³ It does not replace the authorizations prescribed by other provisions of federal or cantonal law.

¹ Any person who, without having his or her own place of production of war material in Switzerland, does, from the Swiss territory, trade in war material abroad, requires an initial authorization within the meaning of s. 9 and, for each specific case, a specific authorization.

² The Federal Council may provide for exceptions for certain countries.

³ Any person who, from the territory of Switzerland, makes the trade abroad of firearms, essential elements, specially designed components or accessories of such weapons, ammunition and munitions within the meaning of the legislation on Weapons, must prove that they hold a trade in arms under the arms legislation to obtain the specific authorizations. ¹

¹ The trade authorization may be of limited duration and subject to conditions and charges.

² If exceptional circumstances so require, the trade authorization may be suspended or revoked.

The Federal Council lays down requirements for the control of the manufacture, trade, brokering, import, export and transit of war material, as well as control over the transfer of immaterial goods, including the Know-how, and the grant of rights relating thereto, where these relate to war material.

The holder of an authorisation within the meaning of this Law, as well as the holders and staff of the undertakings concerned, shall be required to provide the inspection bodies with all information enabling them to be properly checked and Submit all necessary documents.

¹ The supervisory bodies have the right to enter the commercial premises of persons subject to the obligation to provide information, as well as to visit them during normal working hours and without prior notice; they also have the right to take Knowledge of useful documents. They are sequestering exhibits. In the case of suspected unlawful acts, the stricter provisions of the procedural law are reserved.

² For their controls, they may call upon the cantonal and municipal police agencies, the investigative bodies of the Federal Customs Administration and the Federal Intelligence Service. ¹

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

⁴ They are bound by secrecy and must, in their field, take all precautions to avoid economic espionage.

¹ The Federal Council appoints the competent bodies and regulates the details of the procedure. Border controls are the responsibility of the customs authorities.

² The Federal Council decides on applications whose scope in terms of foreign policy or security policy is considerable. Moreover, the procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure ¹ . ²

³ The procedure applicable to appeals against decisions taken under this Law shall be governed by the general provisions of the right of federal administrative procedure. ³

¹ The Federal Council appoints a central office responsible for the suppression of illicit activities relating to war material.

² The Central Office shall participate in the execution of this Law and in the prevention of offences and shall denounce the infringements of the provisions of this Law to the competent authorities in the field of criminal prosecution. It has the right to process personal data, including sensitive data and personality profiles, to the extent and as long as its tasks so require. ¹

The authorisations provided for in this Law are subject to emoluments. The Federal Council fixes the amounts.

The Federal Council provides information to the Management Commissions of the Federal Chambers on the details of the export of war material.

¹ A person shall be punished with a custodial sentence of up to three years or a pecuniary penalty for any person who intentionally: ¹

A.

Without the holder of an authorisation or in breach of the conditions or charges laid down in an authorisation, manufactures, imports, transits, exports, does the trade or brokering of war material, or

Enters into contracts for the transfer of immaterial goods relating to war material, including know-how, or on the grant of related rights;

B.

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

C. ²

Does not declare or accurately declare war material that is imported, exported or in transit;

D.

Delivers, transfers, or provides war material to a consignee or to a place of destination other than that contained in the authorization;

E.

Transfers immaterial rights, including know-how, or grants rights to a consignee or to a place of destination other than that contained in the authorization;

F.

Participates in financial transactions related to illicit trafficking in war material or acts as an intermediary in the financing of such a case.

² In serious cases, the sentence will be a custodial sentence of one to ten years. The custodial sentence may be accompanied by a financial penalty. ³

³ If the author acts by negligence, he shall be punished with a pecuniary penalty of up to 180 days. ⁴

⁴ In the case of unauthorised importation or transit, the offence committed abroad is also punishable.

¹ It shall be punishable by a deprivation of liberty for ten years or a pecuniary penalty for any person who, intentionally and without being able to invoke any of the exceptions provided for in s. 7, para. 2: ¹

A.

Develops, manufactures, provides as an intermediary, acquires, gives to any person, imports, exports, transits, stores nuclear, biological or chemical weapons (ABC weapons) or otherwise disposs of them;

B.

Induces any person to commit an act referred to in the Act; a; or

C.

Promotes the achievement of an act referred to in the letter. A.

² The custodial sentence may be accompanied by a financial penalty. ²

³ If the author acts by negligence, he shall be punished by deprivation of liberty for a period of up to one year or a pecuniary penalty. ³

⁴ Any act committed abroad is punishable, irrespective of the law applicable to the place of commission:

A.

It violates international law agreements to which Switzerland is a party; and

B.

If the author is Swiss or has his domicile in Switzerland.

⁵ Art. 7, para. 4 and 5 of the Penal Code ⁴ Is applicable. ⁵

¹ It shall be punishable by a deprivation of liberty for ten years or a pecuniary penalty for any person who, intentionally and without being able to invoke any of the exceptions provided for in s. 8, para. 2: ¹

A.

Develops, manufactures, provides as an intermediary, acquires, gives to any person, imports, exports, transits, stores or otherwise disposs of anti-personnel mines,

B.

Induces any person to commit any of the acts referred to in the let. A, or

C.

Promotes the performance of one of the acts referred to in the letter. A.

² The custodial sentence may be accompanied by a financial penalty. ²

³ If the author acts by negligence, he shall be punished by deprivation of liberty for a period of up to one year or a pecuniary penalty. ³

¹ It shall be punishable by a deprivation of liberty for ten years or a pecuniary penalty for any person who, intentionally and without being able to invoke any of the exceptions provided for in s. 8 A , para. 3:

A.

Develops, manufactures, provides as an intermediary, acquires, gives to any person, imports, exports, transits, stores or otherwise disposers of cluster munitions;

B.

Induces any person to commit an act referred to in the Act; a;

C.

Promotes the achievement of an act referred to in the letter. A.

² The custodial sentence may be accompanied by a financial penalty.

³ If the author has acted negligently, he shall be punished by deprivation of liberty for up to one year or a pecuniary penalty.

¹ A penalty of five years is punishable by deprivation of liberty or a pecuniary penalty for any person who, intentionally and without being able to invoke any of the exceptions provided for in s. 7, para. 2, 8, para. 2, or 8 A , para. . 3, violates funding prohibitions under ss. 8 B And 8 C .

² The custodial sentence may be accompanied by a financial penalty.

³ If the author only accommodates the possibility of a violation of the funding prohibitions under s. 8 B And 8 C , it shall not be punishable within the meaning of this provision.

¹ A fine of up to 100 000 francs shall be imposed on any person who intentionally: ¹

A.

Refuses to provide the information, documents or access to the commercial premises under s. 27 and 28, para. 1, or gives the subject of false indications;

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 by Under another provision.

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. ²

Art. 6 of the Federal Act of 22 March 1974 on administrative criminal law ¹ Is applicable to offences committed in undertakings.

Regardless of whether a person is punishable or not, the judge orders the confiscation of the relevant war material if there is no guarantee that it will be used in the future in accordance with the law. The confiscated warfare equipment and the eventual proceeds of sale are vested in the Confederation, subject to the application of the Federal Act of March 19, 2004, on the sharing of confiscated heritage values ² .

Confiscated heritage values and countervailing claims are vested in the Confederation, subject to the application of the Federal Act of March 19, 2004, on the sharing of confiscated heritage values ² .

¹ Prosecution and prosecution of offences are the responsibility of the federal criminal court.

² The authorities of the Confederation and of the cantons responsible for the granting of authorisations and control, the police organs of the cantons and the municipalities, and the customs authorities are obliged to report to the Public Prosecutor's Office of the Confederation Offences under this Act that they have discovered or became aware of 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 inform the competent supervisory authorities of the data necessary for the execution of this Law.

¹ The competent federal authorities in the field of enforcement, control, crime prevention and criminal prosecution may cooperate with the competent foreign authorities, as well as with international organisations or fora, and Coordinating their investigations to the extent:

A.

Where the performance of this Act or comparable foreign requirements so requires, and

B.

Where the foreign authorities, organisations or 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 addressees of goods, spare parts, intangible property, including know-how, or related rights;

B.

Persons involved in the manufacture, delivery, brokering or financing of goods or spare parts, the transfer of intangible property, including know-how, or the granting of rights thereto;

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 They may also communicate the data in question to international organisations or bodies if the conditions laid down in para. 3 are fulfilled, notwithstanding the requirement of reciprocity.

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

¹ The Federal Council shall adopt the implementing provisions.

² ... ¹

Federal Act of 30 June 1972 ¹ On war material is repealed.

... ¹

¹ ... ¹

² Contracts relating to the transfer of intangible property, including the know-how, or to the grant of rights relating thereto, which have been concluded before the entry into force of this Law, do not require the authorisation provided for by this Law.

¹ This Act is subject to an optional referendum.

² The Federal Council fixes the date of entry into force; it may waive the introduction of certain provisions until the entry into force of federal arms legislation.

³ The Federal Council regulates the trade in powder for civil use until the entry into force of legal provisions to this effect.