Citation(s) from the literature library

Switzerland. 2009 ‘National Laws, Regulations and Decrees - Exports.’ National Report of Switzerland on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA), p. 3. New York, NY: Permanent Mission of Switzerland to the United Nations. 31 December

Relevant contents

National Laws, Regulations and Decrees - Exports

In accordance with WMA [Federal Act on War Material], the authorization requirements for the export of SALW consist of an initial license for general access to this activity and a specific license for each individual case. Specific export licenses are granted by the State Secretariat for Economic Affairs (SECO) after consultation of the Federal Department of Foreign Affairs (FDFA), which evaluates whether all necessary peace and human rights criteria foreseen in WMO have been met (see point 7i).

In general, such authorization is granted only in case of deliveries to a foreign government or a company employed by a foreign government, and only when the latter has submitted an end-user certificate.

As a general rule, an export license may be granted only if a declaration is provided by the foreign government stating that the material will not be re-exported (non-reexport declaration). In important cases SECO stipulates the right to conduct Post- Shipment Verification (PSV). The checks shall ensure that the war material arrived at the intended destination and is used for the purposes stated in the export license.

Certain firearms (i.e. hunting and sports weapons) are not subject to the WMA. Exports of such firearms destined to Schengen member states fall within the scope of the CGA [Federal Act on the Control of Goods].

If the end-user is neither a state entity nor a company acting on behalf of a foreign government, the exporter has to demonstrate according to the WMO [Ordinance on War Materials], that either an import license has been issued by the country of final destination or that no such license is required. Additionally, for certain SALW (assault rifles, grenade launchers, sub-machine guns, and light machine guns; from 50 items upwards) a confirmation is required that the transferred weapons are to be sold only on the domestic market.

[SALW = Small Arms and Light Weapons]

ID: Q1617

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