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 January 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 1995 2 and Article 43 of the Government and Administration Organisation Act of 21 March 19973,4 ordains: 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 1 2 3 4 5 6 Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312) SR 510.10 SR 172.010 Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312) Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312) Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (SR 631.01) 1 514.511 Equipment Art. 2 War materiel (Art. 5 WMA) The goods listed in Annex 1 constitute war materiel. 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. Art. 4 Withdrawal and revocation (Art. 11 WMA) 1 An initial licence to manufacture war materiel shall be withdrawn if it has not been used for five years. 2 An initial licence for the trade or brokerage of war materiel shall be withdrawn if it has not been used for three years. 3 If an initial licence is withdrawn, revoked or has lapsed for any other reason, the war materiel that is still in the possession of the licence holder shall be sold or recycled under the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 Section 3 Specific Licences Art. 5 Licensing criteria for export trade (Art. 22 WMA) 1 In the granting of a licence for export trade and for contracts under Article 20 WMA, the following is taken into account: 7 8 9 2 a. the maintenance of peace, international security and regional stability; b. the situation in the country of destination, in particular with regard to respect for human rights and the non-use of child soldiers;9 Repealed by No I of the Ordinance of 21 Nov. 2001(AS 2002 312) Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312) Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312). 514.511 War Materiel Ordinance c.10 the efforts made by Switzerland in the area of development cooperation, and in particular the possibility that the country of destination is listed as one of the least developed countries on the current OECD-DAC list of countries in receipt of development aid11; d. the conduct of the country of destination towards the international community, in particular with regard to compliance with international law; e. the attitude of the countries which are participating with Switzerland in international export control regimes. 2 Licences shall not be granted for export trade and for contracts under Article 20 WMA if: a. the country of destination is involved in an internal or international armed conflict; b. the country of destination violates human rights in a systematic and serious manner; c.12 ... d.13 in the country of destination there is a high risk that the exported war materiel will be used against the civilian population; or e.14 in the country of destination there is a high risk that the exported war materiel will be passed on to an undesirable end recipient. 15 3 In derogation from paragraphs 1 and 2, a licence may be granted for individual weapons in Category WM 1 of Annex 1 with the ammunition pertaining thereto, provi