514.511
Ordinance
on War Materiel
(War Materiel Ordinance, WMO)
of 25 February 1998 (Last amended on 1 July 2026)
Preamble
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 19952
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
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
The Ordinance applies to Swiss customs territory, Swiss public customs warehouses, warehouses for bulk goods, bonded warehouses and Swiss customs-free zones.6
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 list of the war materiel in respect of which a licence is being sought;
7...
an extract certificate from the Commercial Register;
an extract certificate from the Tax Register;
an extract certificate from the Debt Collection Register;
in the case of natural persons, confirmation of place of residence.
Art. 4 Withdrawal and revocation
(Art. 11 WMA)
An initial licence to manufacture war materiel shall be withdrawn if it has not been used for five years.
An initial licence for the trade or brokerage of war materiel shall be withdrawn if it has not been used for three years.
If an initial licence is withdrawn, revoked or has lapsed for any other reason, the war materiel that is still in the possession of the licence holder shall be sold or recycled under the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. 59
Art. 5a10 Non-re-export declarations
(Art. 18 WMA)
For a licence to be granted for the export of finished products or for individual parts or assembly packages to a foreign government or an undertaking acting on behalf of a foreign government, a non-re-export declaration from the government of the country of destination is required. The requirement for a non-re-export declaration is waived if the case involves individual parts or assembly packages of negligible value.
By issuing the non-re-export declaration, the country of destination undertakes not to export, sell, lend, or gift the war materiel authority or to transfer it in any other way to third parties abroad without the consent of the licensing authority.
If there is an increased risk in the country of destination that the war materiel to be exported will be passed on to an undesirable end recipient, the licensing authority may stipulate that it has the right to verify compliance with the non-re-export declaration on site. In the case of export of substantial volume, a non-re-export declaration in the form of a diplomatic note from the country of destination is required.
If there is evidence that the non-re-export declaration has been violated, the licensing authority may take precautionary measures. The Federal Department of Economic Affairs decides whether a licence should be revoked.
Art. 5b11 Exports to non-governmental bodies
(Art. 18 WMA)
Any person who wishes to export war materiel to a body that is neither a foreign government nor an undertaking acting on behalf of a foreign government must demonstrate when filing the export licence application that the required authorisation for import has been issued by the country of final destination or that no such authorisation is required.
Art. 5c12 Licence for the transit of civilian aircraft with war materiel on board
(Art. 17 para. 3, 22 and 22a WMA) Amended by No I of the O of 30 March 2022, in force since 1 May 2022 (AS 2022 227).
The transit of war materiel on board civilian aircraft shall be licensed provided that it is not contrary to international law, international obligations or the principles of Swiss foreign policy.
When deciding on the licence, the responsible authority shall also take account of the criteria set out in Article 22a WMA.13
Art. 614 Licence to broker and trade
(Art. 15 and 16 or 16a and 16b WMA)
Any person who manufactures war materiel in Switzerland in his own production plant may broker or trade abroad without a specific licence only if an initial licence for the brokerage or the trade of products analogous to those manufactured in the production plant has been granted.
No specific licence is required for the brokerage of or the trade in war materiel involving states listed in Annex 2; however, dealers and professional brokers require an initial licence.
Paragraphs 1 and 2 apply by analogy to the cases in Articles 15 paragraph 3 or 16a paragraph 3 WMA; where, however, specific licences are required, evidence must be provided on filing the licence application that a licence to trade arms has been obtained.
Art. 6a15 Exemption from import ortransit licence
(Art. 17 WMA)
Air passengers, including sky marshals, who stop over in Switzerland do not require a transit licence for firearms, their components and accessories, and their ammunition and munitions components that they are carrying for personal use in their baggage or in baggage that is sent in advance or forwarded provided such goods do not leave the transit area of the airport.16
No transit licence is required by persons wishing to carry firearms, their components and accessories, and their ammunition and munitions components with an accompanying document from a state that is bound by any one of the Schengen Association Agreements (a Schengen state) via Switzerland to another Schengen state.
No transit licence is required by persons wishing to export for non-commercial purposes firearms, their components and accessories, and their ammunition and munitions components to another Schengen state.
The Schengen Association Agreements are listed in Annex 3.
Art. 7 Licence for the transfer of intellectual property or the granting of rights thereto
(Art. 20 and 21 WMA)
No specific licence is required in order to enter into contracts relating to the transfer of intellectual property, including know-how, related to war materiel, or the granting of rights thereto provided such property or rights are intended for states that are listed in Annex 2.
Art. 8 Diplomatic or consular missions and international organisations
Deliveries to and from diplomatic or consular missions as well as to and from international organisations in Switzerland and in the Principality of Liechtenstein are deemed to be imports and exports respectively.
Art. 917 Relief for temporary export and transit
No licence is required by persons in the following categories for the temporary export and transit of firearms with the ammunition pertaining thereto:
persons travelling through Switzerland provided the weapons are recorded in the European Firearms Pass;
marksmen and hunters provided they furnish credible evidence that they are participating abroad in a shooting competition, in shooting or other training or in a hunt and that they will thereafter re-import the weapons in question;
security agents employed by foreign states travelling through Switzerland for official pre-arranged foreign visits;
security agents employed by the Swiss authorities for official, pre-arranged foreign visits, provided the weapons are subsequently re-imported;
members of foreign police forces or customs authorities for professional or training-related transit journeys;
members of Swiss police forces and employees of the Federal Office for Customs and Border Security (FOCBS)18 for professional or training-related journeys abroad, provided the weapons are subsequently re-imported;
security guards for airlines accompanying passenger flights to foreign destinations;
security guards for airlines accompanying passenger flights from abroad to destinations in Switzerland or stopping over in Switzerland, provided the weapons do not leave the transit area of the airport.
The import and re-export of firearms with the ammunition pertaining thereto by persons in the categories mentioned in paragraph 1 are governed by the legislation on weapons.
Art. 9a19
Art. 9b20 Simplified procedure for security agents involved in the transport of valuables and persons
Security agents involved in the transport of valuables or of persons who export and re-import or carry in transit firearms21 together with the ammunition pertaining thereto as part of their duties require only one licence for each weapon and its ammunition. This licence is valid for one year and entitles the holder to cross the border as often as required.
The import and re-export of firearms together with the ammunition pertaining thereto as part of their duties is governed by the legislation on weapons.
Art. 9c22 Simplified procedure for repairs, exhibitions, performances or valuations
For war materiel that is temporarily exported under the customs procedure for temporary admission using a written customs declaration for use in an exhibition or a performance or for valuation, the export licence is also valid for its re-import.23
For war materiel that is temporarily imported under the customs procedure for temporary admission using a written customs declaration for use in an exhibition, performance or for valuation, the import licence is also valid for its re- export.24
War materiel that is also covered by the Weapons Act of 20 June 199725 remains subject to the provisions of the legislation on weapons.
Art. 9d26 Exemption for training and the international deployment of military units
Swiss military units and their members do not require a licence for the export or re-import of war materiel that they take abroad for the purposes of international missions or training.
Foreign military units and their members that enter Switzerland for training purposes do not require a licence for the import or re-export of the war materiel that they bring with them for this purpose.
Foreign military units and their members do not require a transit licence for war materiel that they carry through Switzerland en route to training events in third countries or as part of international missions, provided Swiss military units or their members also take part in these training events or international missions.
War materiel that is also covered by the Weapons Act of 20 June 199727 remains subject to the provisions of the legislation on weapons.
Art. 9e28 Simplified procedure for import and transit
Manufacturers who hold an initial licence may apply for a general import licence (GIL) for the import of individual parts, assembly packages or anonymous components of war materiel in terms of Article 18 paragraph 2 WMA, provided the parts concerned do not fall within the scope of application of the Weapons Act of 20 June 199729. An individual licence is required in every case for the temporary import of such war materiel with the ATA Carnet or in the procedure for temporary use.30
Holders of initial licences and transport and haulage undertakings with a domicile or permanent establishment in Switzerland may apply for a general transit licence (GTL) for the transit of war materiel to countries of final destination that are listed in Annex 2.31
The licensing authority may at any time demand from the licensee information on the nature, quantity, customs clearance data and end use of goods that are or have been imported or transported in transit in terms of a GIL or GTL; the obligation to provide information expires ten years after customs clearance.32
The licensing authority shall refuse a GIL or a GTL if the natural person or legal entity or its management bodies in the two years prior to filing an application have been convicted with full legal effect of an offence under the WMA, the Goods Control Act of 13 December 199633 or the Weapons Act of 20 June 1997. It shall refuse a GIL if there are grounds for refusal under Article 24 WMA.
The GIL or the GTL shall in such cases be refused for a period of one year; where there is justification, this period may be reduced to six months.
Section 4 Import Certificates
Art. 10 Import certificate
On written application from the importer, the State Secretariat for Economic Affairs (SECO) shall issue, in addition to the import licence, an official import certificate for the import of war materiel, provided:34
this is expressly requested by the country supplying the war materiel; and
35the applicant is domiciled or resident in Switzerland or in Liechtenstein.
It may make the issuing of import certificates subject to the provision of proof regarding the intended import (copies of orders, etc.) and the end use of the war materiel.
It shall monitor the import of goods in respect of which it has issued such certificates.
Art. 11 Requirements
The importer must import the war materiel for which an import certificate has been issued within six months of the issue of the import certificate. This period may be extended in response to a justified written request.
He must prove to SECO that the import has taken place by providing the original customs documents and the relevant invoices from the supplier. Proof must be provided without delay following receipt of the original customs documents.36
Art. 12 Unused or partially used import certificates
If war materiel in respect of which an import certificate has been issued is not imported into Switzerland, the import certificate must be returned to SECO.
If the import certificate cannot be retrieved from the foreign authority or if only part of the authorised war materiel has been imported, then the importer must notify SECO37 of this in writing before the expiry of the period allowed for the import of the materiel.
Section 5 Licensing Procedure
Art. 12a38 Licensing requirements
Licences shall only be granted to natural persons or legal entities who are resident or which have their seat or permanent establishment on Swiss customs territory or in a Swiss customs enclave. SECO may make exceptions in justified cases.
For a licence to be granted to a legal entity, proof of reliable internal control of compliance with the provisions of the war materiel legislation must be provided.
Art. 13 Licensing authority
The licensing authority is SECO, subject to the reservation of paragraphs 2 and 3.39
The responsibility for the transport of war materiel by foreign military units and their members on the ground is governed by the Ordinance of 13 November 202440 on International Military Cooperation.41
...42
The responsibility for the transit of military and other state aircraft is governed by the Ordinance of 23 March 200543 on the Protection of Airspace Sovereignty.44
Art. 14 Procedure
(Art. 29 WMA)
SECO shall decide on applications for the granting of an initial licence after consulting the Federal Intelligence Service (FIS).45
In the case of the licensing of foreign transactions under Article 22 WMA and of entering into contract in terms of Article 20 WMA, SECO shall decide in consultation with the responsible offices of the Federal Department of Foreign Affairs (DFA). The decision of SECO shall also be taken in consultation with:46
the responsible offices of the Federal Department of Defence, Civil Protection and Sport47 in the case of security or procurement policy matters;
the Federal Office for Energy in the case of nuclear related matters;
48the Federal Office of Civil Aviation and the responsible offices of the Federal Department of Defence, Civil Protection and Sport in the case of transit with civilian aircraft.
SECO shall consult the FIS in the case of significant licensing proceedings.49
The offices involved shall decide which applications are of major significance to foreign policy or security policy in accordance with Article 29 paragraph 2 WMA and must therefore be submitted to the Federal Council for decision.50
If the offices involved are unable to agree on the treatment of a request in terms of paragraphs 2 or 3, the application shall be submitted to the Federal Council for decision.
The offices involved may in cases of minor significance or where there are precedents for the decision waive the requirement of a joint decision and authorise SECO to take a decision alone.
Art. 1551 Prohibition of assignment and term of validity
Initial, general and specific licences may not be assigned.
Import, export and transit licences are valid for two years and may be extended by a maximum of one year.52
General import licences and general transit licences are valid for two years. If they have been issued on the basis of an initial licence, they cease to be valid on the expiry of the initial licence.
Art. 1653 Customs clearance
Customs clearance for import, export and transit is governed by the provisions of the customs legislation.
Any person or entity that imports or exports goods with a licence, or carries such goods in transit, must indicate the type of licence, issuing office and licence number in the customs declaration.54
Section 6 Controls and Administrative Measures
Art. 17 Obligation to maintain records
Records must be maintained on the manufacture, purchase, sale, or brokerage of or any other form of trade in war materiel, as well as contracts entered into in terms of Article 20 WMA. The records must at all times disclose:
the entries, exits and stocks of war materiel;
the names and addresses of suppliers, purchasers and contractual parties;
the data and subject matter of commercial transactions.
The following documents must be available for inspection for a period of ten years in order to substantiate records:
invoices from suppliers;
copies of invoices addressed to purchasers and contractual parties; where payment is made in cash, receipts for the goods signed by the purchasers;
contracts relating to transactions relating to intellectual property including know-how pertaining to war materiel;
55transport documents with details of the transit states.
Art. 18 Duty of diligence
A person required to maintain records must, prior to handing over materiel or transferring intellectual property including know-how, ascertain by means of official identity documents the personal details and address of the purchaser or contractual party, if these are not already known to him.
Art. 19 Controls
SECO carries out the controls.
Controls at the border are the responsibility of the FOCBS.56
Art. 2057 Examination by the Central Office for the Combating the Illegal Trade in War Materiel
The Central Office for Combating the Illegal Trade in War Materiel must in particular examine whether supplies of war materiel have arrived at the planned and approved destinations.
Art. 2158 Administrative measures
General import and general transit licences may be revoked if exceptional circumstances so require. They shall be revoked if, following their granting, circumstances have changed to the extent that the requirements for refusal under Article 9e paragraph 4 are fulfilled.
If anyone fails to comply with the conditions or requirements attached to licences and import certificates, or regulations and orders the based on the legislation on war materiel, the licensing authority may revoke the licence that has been granted to him, or may refuse to extend or renew the licence, or to granted further licences or import certificates for a certain period of time.
Section 7 Fees
Art. 22 Fees
(Art. 31 WMA)
The licence fees are as follows:
for first issue of an initial licence, 500 francs;
for the subsequent amendment, modification or reissue of an initial licence, 250 francs;
for import and export licences: 0.8 per cent of the value of the goods, but with the minimum fee being 50 francs and the maximum 5000 francs;
59for brokerage, trading, general import and general transit licences as well as licences for contracts under Article 20 WMA: 200 francs;
60...
61for specific transit licences: 100 francs.
The fees in terms of paragraph 1 letters a, b, d and f may, if exceptional costs are incurred in the granting of a licence, be increased by a maximum of one half of the stipulated fee.62
If import or export licences are not or are only partially used, or if the licensed goods are returned, application may be made for the excess fee to be refunded, under deduction of the administrative costs. The application must be made at the latest three years following issue of the licence.
No fees are charged for import and export licences for war materiel that is intended for the Swiss Armed Forces, the FOCBS, for Swiss and Liechtenstein police forces or for international organisations or their offices in Switzerland.63
No fees are charged for transit licences for:
64firearms, and the ammunition pertaining thereto that are carried in transit by marksmen or hunters, provided they produce credible evidence that they are to be used for participating in a third country in a shooting competition, in shooting or other training or in a hunt;
war materiel that must be carried in transit through Switzerland in the course of police-type or judicial investigation proceedings in third countries;
65...66
No fees are charged for:
the rejection of licensing applications, or the suspension and recall of licences;
the extension of licences;
controls as under Article 19;
services, in particular responding to enquiries, company visits and information events.67
In addition, the provisions of the General Fees Ordinance of 8 September 200468 apply.69
Section 8 Final Provisions
Art. 23 Implementation
SECO shall implement this Ordinance.
Information on the legislation on war materiel may be obtained from SECO.
Art. 24 Repeal of current legislation
The Ordinance of 10 January 197370 on War Materiel is repealed.
Art. 24a71 Transitional provision to the amendment of 19 September 2014
Applications that are pending when the amendments of 19 September 2014 come into force are dealt with under the new law.
Art. 24b72 Transitional provision to the amendment of 30 March 2022
Applications that are pending when the amendments of 30 March 2022 come into force are dealt with under the previous law.
The extension of export licences that were granted before the amendments of 30 March 2022 come into force is dealt with under the previous law.
A new application for a licence must be submitted for war materiel whose export was licensed before the amendments of 30 March 2022 come into force and which could not be exported or could not be exported in full within the period of validity of the licence or its extension. The new application shall be dealt with under the previous law.
Art. 25 ...
...73
...74
Art. 26 Commencement
This Ordinance comes into force on 1 April 1998.
List of War Materiel
(Art. 2)
Note:
The goods listed as the Annex to the War Materiel Ordinance originate from the «Munitions List» (ML) in the Wassenaar Arrangement. The numbers allocated to the individual items correspond to those in the ML. Any goods that are not listed below, but which are contained in the ML are deemed to be «special military goods» and are subject to the provisions of the Goods Control Act of 13 December 1996 (SR 946.202946.202).
Table of Contents
Item | Description of goods |
|---|---|
ML 1 | Hand guns and small arms of any calibre |
ML 2 | Weapons of any calibre (but excluding hand guns and small arms controlled by ML 1) |
ML 3 | Ammunition for the weapons controlled by ML 1, 2 or 12 |
ML 4 | Bombs, torpedoes, rockets, and missiles |
ML 5 | Fire control equipment |
ML 6 | Armoured vehicles and other ground vehicles |
ML 7 | Tear gases and other irritants |
ML 8 | Military explosives, combustible substances and fuels |
ML 9 | Vessels of war |
ML 10 | Manned and unmanned aircraft including aero-engines |
ML 11 | Electronic equipment |
ML 12 | High velocity kinetic energy weapons systems |
ML 13 | Special armoured or protective equipment |
ML 14 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 15 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 16 | Forgings, castings and other unfinished products |
ML 17 | Miscellaneous equipment (robots, etc.) |
ML 18 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 19 | Directed energy weapons systems (e.g. laser systems) |
ML 20 | Cryogenic (low temperature) and superconductive equipment |
ML 21 | Software |
ML 22 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 1 | Hand guns and small arms of any calibre and accessories and specially designed components therefor, but not including:
Note:
ML 1.a. to ML 1.d. also control weapons specially designed to fire dummy ammunition, which cannot fire ammunition controlled by ML 3. |
ML 2 | Weapons and armaments of any calibre (but not including handguns and small arms controlled by ML 1), projectors and accessories as follows, and specially designed components therefor:
Note:
Note: |
ML 3 | Ammunition for weapons controlled by ML 1, ML 2 or ML 12 as well as specially designed components therefor Notes:
|
ML 4 | Bombs, torpedoes, rockets, missiles and related equipment and accessories as follows, specially designed for military use, and specially designed components therefor: Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition charges and accessories, military pyrotechnics, flares and manoeuvre ammunition (i.e. equipment, simulating the characteristics of any of the items controlled by ML 4). Note:
|
ML 5 | Fire control equipment specially designed for military use, as follows, as well as specially designed components and accessories therefor
|
ML 6 | Armoured and other ground vehicles, and components therefor, specially designed or modified for military use Technical note: Remarks:
|
ML 7 | Tear gases and other «riot control» agents: 1. CA: bromobenzyl cyanide (CAS-No. 5798-79-8); 2. CS: o- chlorobenzylidenemalononitrile (CAS-No. 2698-41-1); 3. CN: ω-chloroacetophenone (CAS-No. 532-27-4); 4. CR: Dibenz-b,f)1,4-oxazephine-b,f)1,4-oxazephine-(b,f)-1,4-oxazephine-(b,f)-1,4-oxazephine (CAS-No. 257-07-8). Remarks:
|
ML 8 | Military explosives and combustible agents, including fuels:
Note: |
ML 9 | Vessels of war and accessories as follows as well as components therefor, specially designed for military use:
|
ML 10 | Aircraft, unmanned aircraft, aero-engines, aircraft equipment, related equipment and components, specially designed or modified for military use, as follows:
Notes:
|
ML 11 | Electronic equipment specially designed for military use not controlled elsewhere in this list, and specially designed components therefor Note: ML 11 includes the following:
|
ML 12 | High velocity kinetic energy weapon systems as follows, as well as specially designed components therefor: Kinetic energy weapon systems specially designed for the destruction or defence against (mission abort) of a target. Notes:
|
ML 13 | Special armoured or protective equipment and constructions and components, as follows:
Note: |
ML 14 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 15 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 16 | Forgings, castings and other unfinished products the use of which in a controlled product is identifiable by material composition, geometry or function, and which are specially designed for any products controlled by ML 1, ML 2, ML 3, ML 4, ML 6, ML 9, ML 10, ML 12 or ML 19 |
ML 17 | Miscellaneous equipment, materials and libraries, as follows, and specially designed components therefor:
Technical Note: |
ML 18 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
ML 19 | Directed energy weapon systems as follows and specially designed components therefor:
Notes:
|
ML 20 | Cryogenic (low temperature) and superconductive equipment, as follows, and specially designed components and accessories therefor:
Note:
Note: |
ML 21 | Software, as follows: Software specially designed or modified for the use of products that are controlled by this list. |
ML 22 | (Contains no war materiel; listed in order that numbering corresponds to ML) |
List of states for which no specific licences are required
(Art. 6 para. 2, 7, 9e para. 2)
Argentina
Austria
Azerbaijan
Belgium
Bulgaria
Canada
Croatia
Cyprus
Czechia
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Japan
Latvia
Lithuania
Luxembourg
Malta
Netherlands
New Zealand
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United Kingdom
United States
Schengen Association Agreements
(Art. 6a para. 4)
The Schengen Association Agreements comprise:
the Agreement of 26 October 200475 between the Swiss Confederation, the European Union and the European Community on the association of that State with the implementation, application and development of the Schengen Acquis (SAA);
the Agreement of 26 October 200476 in the form of an exchange of letters between the Council of the European Union and the Swiss Confederation on the Committees that assist the European Commission in the exercise of its executive powers;
the Agreement of 17 December 200477 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the Implementation, Application and Development of the Schengen Acquis and on the Criteria and Procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway;
the Agreement of 28 April 200578 between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of those parts of the Schengen Acquis that are based on the provisions of Title IV of the Treaty establishing the European Community;
the Protocol of 28 February 200879 between the Swiss Confederation, the European Union, the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen Acquis.