text: 510.62 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on Geoinformation(Geoinformation Act, GeoIA)of 5 October 2007 (Status as on 1 October 2009)The Federal Assembly of the Swiss Confederation, based on Article 60 paragraph 1, 63, 64, 75a and 122 paragraph 1 of the Federal Constitution1,and having considered the Federal Council Dispatch dated 6 September 20062,decrees:1 SR 1012 BBl 2006 7817Chapter 1 General Provisions  Art. 1 Aim  This Act has the aim of ensuring that geodata relating to the territory of the Swiss Confederation is made available for general use to the authorities of the Confederation, the cantons and communes, the private sector, the public and to academic and scientific institutions in a sustainable, up-to-date, rapid and easy manner, in the required quality and at a reasonable cost.Art. 2 Scope  1 This Act is valid for official geodata under federal legislation. 2 It is valid for other federal geodata provided its use is not regulated by other federal legislation.3 The regulations for geodata apply by analogy to federal geological data.4 The Third, Fourth and Fifth Chapters hereof shall take priority over divergent provisions of other federal acts. Art. 3 Terms and definitions  1 In this Act:a.geodata means geospatial data that is related in time to the dimensions and characteristics of certain spaces and objects and in particular their position, nature, use and legal relationships; b.geoinformation means geospatial information obtained through combinations of geodata; c.official geodata means geodata that is based on a legislative enactment of the Confederation, a canton or a commune;d.official geodata of proprietary nature means official geodata that binds by law all persons with a legal interest in a particular land parcel; e.official geodata binding public authorities means official geodata that is legally binding for federal, cantonal or communal authorities in the execution of their public duties;f.geospatial reference data means official geodata which serves as the geometric basis for other geodata;g.geospatial metadata means formal descriptions of the characteristics of geodata describing, for example, the origin, content, structure, validity, up-to-dateness, accuracy, rights of use, access or methods of processing; h.geodata models means descriptions of reality determining the structure and content of geodata independent from the used hard- and software systems;i.presentation models means descriptions of graphical presentations for the visualization of geodata e.g. in the form of maps and plans;k.geodata services means network applications which facilitate and simplify the use of electronic services for geodata and allow access to structured geodata. 2 The Federal Council may expand the definitions of the terms used in this Act and amend them in accordance with the latest scientific and technical findings and international usage. Chapter 2 Principles  Section 1 Qualitative and Technical Requirements  Art. 4 Harmonisation  1 The qualitative and technical requirements for geodata and geospatial metadata must be defined in such a way as to enable the simple exchange and wide use of the data. 2 The implementing regulations for geoinformation legislation must take account of internationally or nationally recognized standards for geodata and geospatial metadata provided that this is possible and technically expedient. Art. 5 Official geodata under federal legislation  1 The Federal Council shall define the official geodata under federal legislation in a catalogue. 2 It shall issue regulations on the qualitative and technical requirements for official geodata under federal legislation and in particular on:a.the geodetic origin and projection framework;b.the relevant geodata model;c.the presentation model;dthe degree of detail;e.data quality;f.data collection and updating;g.data exchange;h.spatial delimitations.3 It may authorise the Federal Office of Topography or the technically competent office to issue technical regulations and specialist recommendations concerning the official geodata under federal legislation.Art. 6 Geospatial metadata  1 The Federal Council shall issue regulations on the qualitative and technical requirements for geospatial metadata that is based on official geodata, and in particular on: a.the content;b.the relevant data model;c.the degree of detail;d.data quality;e.data collection and updating;f.data exchange.2 It may authorise the Federal Office of Topography or the technically competent office to issue technical regulations and specialist recommendations concerning the relevant geospatial metadata.Art. 7 Geographical names  1 The Federal Council shall issue regulations on the coordination of names of communes, communities and streets. It shall regulate other geographical names, responsibilities and the procedure as well as the allocation of costs.2 The Federal Council shall rule as final instance on disputes arising from the application of paragraph 1 above. Section 2 Collection, Updating and Management  Art. 8 Responsibility, freedom of method  1 The legislation shall identify the authorities responsible for the collection, updating and management of the relevant official geodata. In the absence of specific regulations, this responsibility is that of the specialist authority at federal or cantonal level responsible for the specialist field to which this official geodata relates. 2 Duplication of work must be avoided during collection and updating of official geodata. 3 The method of collection and updating of official geodata may be chosen freely, provided that the results are of equal quality.Art. 9 Guarantee of availability  1 The authorities responsible for the collection, updating and management of official geodata shall also guarantee the lasting availability of this geodata. 2 In relation to official geodata under federal legislation, the Federal Council shall regulate:a.the modalities of archival storage;b.the method and frequency of historiography.Section 3 Data Access and Data Use  Art. 10 Principle  Official geodata under federal legislation shall be accessible to the public and may be used by anyone, unless this is contrary to overriding public or private interests. Art. 11 Data security  Articles 1–11, 16–25, 27, 33, 36 and 37 of the Federal Act of 19 June 19923 on Data Protection apply to the use of all official geodata under federal legislation subject to any regulations to the contrary found in Article 12 paragraph 2c, Article 14 paragraphs 1, 2 and Article 32 paragraph 2d of this Act.3 SR 235.1Art. 12 Data use  1 The authority responsible for the collection, updating and management of official geodata under federal legislation may allow access to this geodata as well as its use and distribution; the authorisation is subject to consent. Consent is granted by: a.act of disposal;b.contract;c.organisational or technical access controls.2 The Federal Council shall issue further regulations regarding:a.the permitted use and distribution of data;b.the main features of the procedure for granting access and use;c.the obligations of the users, in particular with regard to data access and data protection during use and distribution;d.the mention of source of data and caveat;e.exemptions from the requirement of consent.Art. 13 Geodata services  1 The Federal Council shall determine the geodata services of national interest and define their minimum content.2 It shall issue regulations about the qualitative and technical requirements with regard to optimal networking and integration.3 It shall regulate interdisciplinary geodata services.4 It may require that certain official geodata under federal legislation, either by itself or in combination with other geodata, is made available online or by another method in electronic form.5 The same authority that is responsible for the collection, updating and management of official geodata is also responsible for the development and operation of the geodata services.Art. 14 Data exchange between public authorities  1 The federal and cantonal authorities shall grant each other easy and direct access to official geodata. 2 The Federal Council shall regulate the details of the exchange of official geodata. 3 Data exchange shall be compensated for on the basis of a flat-rate payment. The Confederation and cantons shall regulate the modalities and the assessment of the compensation payment in a public-law contract.Art. 15 Fees  1 The Confederation and cantons may charge fees for the access to and use of official geodata. 2 They shall harmonise the principles of the fee structure for the official geodata and geodata services of national interest. 3 The Federal Council regulates the fees for the access to and use of basic geodata and the geodata services of the Confederation. The fees are made up as follows:a.for private use: marginal costs and a suitable contribution to infrastructure costs at the most;b.for commercial use: marginal costs and a suitable contribution to infrastructure, investment and revision costs appropriate to the use of the geodata.Section 4 Cadastre of Public-law Restrictions on landownership  Art. 16 Subject matter and form  1 The Cadastre of public-law restrictions shall contain public-law restrictions on landownership rights which, in accordance with the provisions of the Civil Code4, are not part of the Land Register.2 The Federal Council determines which official geodata under federal legislation are entered in the Cadastre of public-law restrictions.3 The cantons may define additional official geodata of proprietary nature that must be recorded in the Cadastre of public-law restrictions.4 The Cadastre of public-law restrictions shall be made available in electronic form either online or by any other method. 5 The Federal Council shall determine the minimum requirements with regard to the organisation, management, data harmonisation, methods and processes for the Cadastre of public-law restrictions. 4 SR 210Art. 17 Validity  The content of the Cadastre of public-law restrictions is considered to be publicly known.Art. 18 Liability  Liability for the management of the Cadastre of public-law restrictions is governed by Article 955 of the Civil Code5.5 SR 210Section 5 Commercial Activities of the Confederation   Art. 19 1 The Federal Council may authorise authorities of the Federal Administration to offer on a commercial basis geodata and other services in the field of geoinformation in order to comply with specific requests from clients. 2 The commercial services offered must be closely related to the tasks of the authorised authority and must not compromise its work.3 The authorised authority shall offer the commercial services on a private law basis. It shall determine the price according to market conditions and make its fees known. The total fees charged for commercial services must at least cover their own costs and must not be subsidised by income from other basic functions of the authority.Section 6 Obligation to Support and Tolerate  Art. 20 Assistance during data collection and updating  1 Those persons who have an interest in the property concerned have a duty to assist public officers and third parties working on behalf of the Confederation and cantons in their work of collecting and updating official geodata. In particular, they must allow these public officers: a.access to private land parcels;b.within a reasonable time and subject to advance notice, access to buildings;c.to bring technical equipment onto the land parcels or into the buildings for the duration of the geodata collection and revision; andd.within a reasonable time and subject to advance notice, to inspect private and official data and documents. 2 The public officers and authorized persons may if necessary call on local authorities for assistance in administrative matters and their implementation. 3 Anyone who unlawfully obstructs the collection and updating of official geodata shall bear the additional costs caused by his or her actions.Art. 21 Protection of boundary and survey marks  1 Persons with an interest in the property concerned are obliged to tolerate the temporary or permanent placement of boundary and survey marks on land parcels and buildings, without compensation. 2 Boundary and survey marks may be noted in the Land Register. 3 Whoever unlawfully moves, removes or damages boundary and survey marks is liable for the cost of their replacement as well as any consequential losses or damage. Chapter 3 National Survey  Art. 22 Task  1 The National Survey shall make the geospatial reference data of the Confederation available for civil and military purposes.2 This task includes in particular:a.the definition of the geodetic reference system and the establishment, updating and management of the reference framework;b.the monumentation and survey of national borders;c.the collection, updating and management of topographical information for national landscape models;d.the preparation of the National Map series.3 The Federal Council shall regulate the responsibilities, organization, procedure and methods.Art. 23 Spatial coverage  1 The National Survey shall cover the whole area of the Swiss Confederation.2 As far as is necessary, geospatial reference data of areas outside Switzerland that are close to its borders shall also be collected.Art. 24 Definition of the national borders  1 The Federal Council may independently conclude treaties under international law with foreign countries concerning national borders, provided these border matters are minor corrections or relate to other minor changes of territory.2 It shall issue regulations on the procedure, and in particular on the participation of the cantons and communes concerned. Art. 25 National Map series  1 The National Map series is part of the geospatial reference data of the Confederation.2 The Federal Council shall regulate the production, publishing and the civilian and military uses of the National Map series.3 The copyright resulting from the production, processing and updating of the National Map series is owned by the Confederation.Art. 26 National atlases, thematic maps of national interest  The Federal Council may designate as a federal task the production of national atlases and similar thematic cartography.Chapter 4 Swiss Geological Survey  Art. 27 Task  1 The Swiss Geological Survey shall provide geological data and information for the use of the Federal Administration and interested third parties.2 This task includes in particular:a.the Swiss Geological Survey work;b.the provision of geological data of national interest;c.advice and support to the Federal Administration in geological matters;d.the archival storage of geological data;e.the coordination of geological activities at federal level.3 The Federal Council shall regulate the responsibilities, organisation, procedure and methods.Art. 28 Spatial coverage  1 The Swiss Geological Survey covers the whole territory of the Swiss Confederation.2 As far as is necessary, geological data of areas outside Switzerland that are close to its borders shall also be collected.Chapter 5 Cadastral Surveying  Art. 29 Task  1 Cadastral Surveying shall guarantee that geospatial reference data of proprietary and descriptive nature about land parcels is available.2 This task includes in particular:a.the densification of the geodetic reference framework;b.the marking and surveying of the cantonal, district and communal boundaries;c.the marking and surveying of land parcel boundaries;d.the collection, updating and management of topographic information related to land parcels;e.the preparation of the cadastral map for the Land Register.3 The Federal Council regulates the main features of Cadastral Surveying and in particular:a.the marking and surveying of the boundaries of the land parcels;b.the minimum requirements to which the cantonal authorities are subject;c.the overall management and supervision carried out by the Confederation;d.the topical and technical limits with regard to other official geodata.Art. 30 Spatial coverage  Cadastral Surveying shall cover the whole area of the Swiss Confederation.Art. 31 Planning and implementation  1 The Federal Council shall define the medium- and long-term planning for Cadastral Surveying.2 The implementation shall take place on the basis of programme agreements made over several years between the Federal Directorate of Cadastral Surveying and the responsible cantonal authorities.3 The Federal Council may issue regulations concerning the content of and the procedure for concluding programme agreements.Art. 32 Approval  1 Cadastral Surveying must be approved by the responsible cantonal authorities.2 The Federal Council shall issue regulations concerning the main features of the processes and in particular concerning:a.the data and maps that are subject to approval;b.the requirements for approval;c.the co-operation of the federal authorities;d.the official public review process;e.the procedural rights of those who have an interest in the property. Art. 33 Authenticated extracts  1 Any person may request an authenticated extract of Cadastral Surveying from offices authorised by the canton.2 A fee may be payable for the issue of an authenticated extract.3 The Federal Council shall issue regulations on the main features of the procedure, in particular concerning:a.the content and structure of the authenticated extract;b.the issue of authenticated extracts in electronic form;c.the basic rules for the determination of the fees. Chapter 6 Organisation  Section 1 Responsibility and Cooperation  Art. 34 Division of tasks between Confederation and cantons  1 The Confederation is responsible for:a.the National Survey;b.the Swiss Geological Survey;c.the strategic direction and overall supervision of Cadastral Surveying;d.the overall supervision of Cadastral Surveying;e.the strategic orientation of the Cadastre of public-law restrictions;f.the overall supervision of the Cadastre of public-law restrictions;g.the coordination and harmonisation of federal legislation relating to official geodata and of geodata services that are in the national interest.2 The cantons are responsible for:a.carrying out Cadastral Surveying;b.the maintenance of the Cadastre of public-law restrictions.3 If a canton fails to perform its tasks on time or if the work is of inadequate quality, the Federal Council may, after issuing a warning and holding a hearing, order that the work be done by a substitute organisation.Art. 35 Participation of the cantons and consultation of partner organisations  When preparing federal legislation within the scope of this Act affecting the jurisdiction and interests of the cantons, communes and partner organisations, the Confederation shall ensure in an appropriate manner the participation of the cantons and the consultation of the partner organisations.Art. 36 International cooperation  1 The Confederation shall in cooperation with other states promote the coordination, harmonisation and standardisation of work related to geoinformation.2 It is responsible for the cooperation with other states in the field of official geodata under federal legislation.3 The cantons may, where this lies within their competence, cooperate directly with the regional and local authorities in areas outside Switzerland close to its borders; in particular they may exchange geodata and coordinate the collection, updating and management of geodata.Section 2 Financing  Art. 37 Tasks within the responsibility of the Confederation  The financing of the work in Article 34, paragraph 1 shall be provided by the Confederation.Art. 38 Cadastral Surveying  1 Cadastral Surveying shall be jointly financed by the Confederation and the cantons. The Federal Assembly shall regulate the details in an ordinance. This ordinance shall form the basis for the global payments made by the Confederation in accordance with the programme agreements.2 The costs of updating Cadastral Surveying shall be borne by the natural person or legal entity that has caused the update, provided that this person or entity can be identified.3 The cantons shall bear the costs that are not covered by global payments made by the Confederation or by fees. The cantons may determine who must contribute to these remaining costs.4 The Confederation shall finance the work carried out by a substitute organisation (Article 34, paragraph 3). It shall reclaim the costs that remain after deduction of the agreed global payments from the defaulting canton.Art. 39 Cadastre of public-law restrictions on landownership  1 The Cadastre of public-law restrictions on landownership shall be jointly financed by the Confederation and the cantons. The Confederation shall make global payments to the cantons on the basis of multi-annual programme agreements between the Federal Department of Defence, Civil Protection and Sport and the cantons.2 The costs of the registration of a public-law restriction and the updating of the Cadastre of public-law restrictions shall be borne by the authority that decides the matter.3 The Confederation shall finance the work by a substitute organisation (Article 34, paragraph 3). It shall reclaim the costs that remain after deduction of the agreed global payments from the defaulting canton.Section 3 Education and Research  Art. 40 Advancement of education  1 The Confederation and the cantons shall encourage education in the field of geoinformation.2 They shall ensure that the education curriculum and final qualifications at all levels correspond to the latest state of science and technology.Art. 41 Licensed land surveyors  1 Licensed land surveyors who have successfully completed the federal state examinations and who are registered in the Register of Licensed Land Surveyors are authorised to perform independent (self-employed) work within Cadastral Surveying.2 An administrative body of the Confederation comprising representatives from the Confederation, the cantons and the professional associations shall:a.conduct the state examinations;b.maintain the register and issue or refuse the licence to practise;c.exercise disciplinary supervision over those persons entered in the register.3 The Federal Council shall issue detailed regulations concerning:a.the education required to obtain the licence to practise;b.the professional and individual conditions necessary for registration;c.the management of the register and the issuing of licences to practise;d.the composition, appointment and organisation of the administrative body;e.the responsibilities of the administrative body and the management;f.deletion from the register and other disciplinary measures;g.the professional duties of the persons entered in the register;h.the financing of the state examinations, the maintenance of the register and other activities of the administrative body.Art. 42 Advancement of research  The Confederation and the cantons shall encourage research in the field of geoinformation.Chapter 7 Final Provisions  Art. 43 Evaluation  1 The Federal Council shall review the necessity, usefulness, efficiency and cost effectiveness of the Cadastre of public-law restrictions on landownership within six years of its introduction.2 It shall report to the Federal Assembly and propose any modifications that may be required.Art. 44 Repeal and amendment of current legislation  The repeal and amendment of existing legislation is regulated in the Annex.Art. 45 Coordination with the NFE  If the Federal Act of 6 October 20066 on the Creation and Amendment of Legislation on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFE) at the same time or after this Act, Number II/I of (Art. 39 Final Title Civil Code7) shall cease to apply.6 AS 2007 5779. The NFE bill came into force on 1 January 2008.7 SR 210Art. 46 Transitional provisions  1 For twelve years from the date on which this Act comes into force, the Federal Council may declare deviations from the fees defined in Article 15 paragraph 3.2 It determines the time schedule for the introduction of the Cadastre of public-law restrictions on landownership.3 Anyone who on the date on which this Act comes into force is permitted under federal law to carry out independent (self employed) work within Cadastral Surveying shall retain the right to do so. The Federal Council shall issue regulations for the transitional period until such time as the survey engineers are registered in the Register of Licensed Land Surveyors.4 The cantons shall adapt their legislation on geoinformation within three years of the date on which this Act comes into force. During a transitional period determined by the Federal Council, the cantons must adapt the official geodata under federal legislation to the quality and technical requirements within the meaning of Articles 5 and 6 only if:a.this is a mandatory requirement of international law or federal law;b.the legal basis for data concerned is created on or after the coming into force of this Act;c.they are collecting the data from scratch;d.they are making data management subject to new technical or organisational principles (database, hardware, software) that eliminate the obstacles to making the adaptation.Art. 47 Referendum and commencement  1 This Act is subject to an optional referendum.2 Articles 16-18, 34 paragraph 1 letters e and f and Article 39 shall be implemented by the Federal Council on the commencement of the Ordinance on Public-law Restrictions on landownership8. The Federal Council shall determine the commencement date for the remaining provisions. Commencement Date: 1 July 20089Articles 16–18, 34 paragraph 1 letters e and f and 39: 1 October 2009108 SR 510.622.49 Federal Council Decree dated 21 May 2008 (AS 2008 2807)10 Ordinance of 2 Sept. 2009 (AS 2009 4721).Annex (Art. 44)Repeal and Revision of Existing Legislation IThe Federal Act of 21 June 193511 on the Creation of the National Map Series is repealed.IIThe Civil Code12 is revised as follows:…1311 [BS 5 665; AS 1977 2249 Sec. I 131]12 SR 210.13 The amendments may be consulted under AS 2008 2793.


type: legislation

jurisdiction: Switzerland

text: 514.511English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon 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 19952and Article 43 of the Government and Administration Organisation Act of 21 March 19973,4ordains:1 Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312)2 SR 510.103 SR 172.0104  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312)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.52 The Ordinance applies to Swiss customs territory, Swiss public customs warehouses, warehouses for bulk goods, bonded warehouses and Swiss customs-free zones.65  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312)6 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (SR 631.01)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 soughtb.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.7  Repealed by No I of the Ordinance of 21 Nov. 2001(AS 2002 312)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 8  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312)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: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;9c.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; ore.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.153 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, provided the weapons are used exclusively for private or sporting purposes.164 In derogation from paragraph 2 letter b, a licence may be granted if there is a low risk that the exported war materiel will be used to commit serious violations of human rights.179  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).10 Amended by No I of the Ordinance of 19 Sept. 2014, in force since 1 Nov. 2014  (AS 2014 3045).11 The OECD-DAC List may be obtained at the following internet address: www.oecd.org12 Repealed by No I of the Ordinance of 19 Sept. 2014, with effect from 1 Nov. 2014  (AS 2014 3045).13 Amended by No I of the Ordinance of 19 Sept. 2014, in force since 1 Nov. 2014  (AS 2014 3045).14 Amended by No I of the Ordinance of 19 Sept. 2014, in force since 1 Nov. 2014  (AS 2014 3045).15 Inserted by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).16 Inserted by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).17 Inserted by No I of the Ordinance of 19 Sept. 2014, in force since 1 Nov. 2014  (AS 2014 3045).Art. 5a18 Non-re-export declarations   (Art. 18 WMA)1 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.2 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.3 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.4 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.18 Inserted by No I of the Ordinance of 10 Oct. 2012, in force since 1 Nov. 2012  (AS 2012 5533).Art. 5b19 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. 19  Originally Art. 5a. Inserted by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).Art. 5c20 Licence for the transit of civilian aircraft with war materiel on board    (Art. 17 para. 3 and 22 WMA)1 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.2 When deciding on the licence, the responsible authority shall also take account of the criteria set out in Article 5.20 Inserted by No I of the Ordinance of 19 Aug. 2015, in force since 1 Oct. 2015  (AS 2015 2943).Art. 621  Licence to broker and trade   (Art. 15 and 16 or 16a and 16b WMA)1 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.2 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.3 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.21  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).Art. 6a22 Exemption from import or transit licence   (Art. 17 WMA)1 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.23 2 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.3 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.4 The Schengen Association Agreements are listed in Annex 3.22 Inserted by No I of the Ordinance of 21. Nov. 2001 (AS 2002 312). Amended by Annex 4 No II 2 of the Weapons Ordinance of 2 July 2008, in force since 12 Dec. 2008 (SR 514.541).23 Amended by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021  (AS 2021 595).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. 924 Relief for temporary export and transit  1 No licence is required by persons in the following categories for the temporary export and transit of firearms with the ammunition pertaining thereto:a. persons travelling through Switzerland provided the weapons are recorded in the European Firearms Pass;b. 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;c. security agents employed by foreign states travelling through Switzerland for official pre-arranged foreign visits;d. security agents employed by the Swiss authorities for official, pre-arranged foreign visits, provided the weapons are subsequently re-imported;e. members of foreign police forces or customs authorities for professional or training-related transit journeys;f. members of Swiss police forces and employees of the Federal Office for Customs and Border Security (FOCBS)25 for professional or training-related journeys abroad, provided the weapons are subsequently re-imported;g. security guards for airlines accompanying passenger flights to foreign destinations;h. 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.2 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.24 Amended by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).25 The name of this administrative unit was changed on 1 Jan. 2022 in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1) (AS 2021 589). This change has been made throughout the text.Art. 9a26 26 Inserted by Art. 50 No 3 of the Weapons Ordinance of 21 Sept. 1998, in its version of 16 March 2001 [AS 2001 1009]. Repealed by No I of the Ordinance of 27 Aug. 2008, with effect from 12 Dec. 2008 (AS 2008 5495).Art. 9b27 Simplified procedure for security agents involved in the transport of valuables and persons  1 Security agents involved in the transport of valuables or of persons who export and re-import or carry in transit firearms28 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. 2 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.27  Inserted by Art. 50 No 3 of the Weapons Ordinance of 21. Sept. 1998, in its version of 16 March 2001 (SR 514.541). Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).28 Term in accordance with Annex 4 No II 2 of the Weapons Ordinance of 2 July 2008, in force since 12 Dec. 2008 (SR 514.541). This amendment has been made throughout the text.Art. 9c29 Simplified procedure for repairs, exhibitions, performances or valuations  1 For war materiel that is temporarily exported for repair, for an exhibition, to be used in a performance or for valuation the export licence is also valid for its re-import. 2 For war materiel that is temporarily imported for an exhibition, performance or for valuation, paragraph 1 applies by analogy.3 War materiel that is also covered by the Weapons Act of 20 June 199730 remains subject to the provisions of the legislation on weapons.29  Inserted by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).30 SR 514.54Art. 9d31 Exemption for training and the international deployment of military units  1 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.2 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. 3 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. 4 War materiel that is also covered by the Weapons Act of 20 June 199732 remains subject to the provisions of the legislation on weapons.31  Inserted by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).32 SR 514.54Art. 9e33 Simplified procedure for import and transit  1 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 199734. 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.352 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 2.363 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.374 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 199638 or the Weapons Act of 20 June 1997. It shall refuse a GIL if there are grounds for refusal under Article 24 WMA.5 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. 33  Inserted by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).34 SR 514.5435 Amended by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).36 Amended by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).37 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (SR 631.01).38 SR 946.202Section 4 Import Certificates  Art. 10 Import certificate  1 On written application from the importer, the State Secretariat for Economic Affairs (SECO)39 shall issue, in addition to the import licence, an official import certificate for the import of war materiel, provided:40a. this is expressly requested by the country supplying the war materiel; andb.41 the applicant is domiciled or resident in Switzerland or in Liechtenstein.2 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.3 It shall monitor the import of goods in respect of which it has issued such certificates.39  Title in accordance with Art. 21 No 4 of the Ordinance of 17 Nov. 1999, in force since 1 July 1999 (AS 2000 187). This amendment has been taken into account throughout this Ordinance.40  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).41  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).Art. 11 Requirements  1 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.2 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. Temporary use procedures under an ATA Carnet do not constitute customs clearance.4242 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (SR 631.01).Art. 12 Unused or partially used import certificates  1 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.2 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 SECO of this in writing before the expiry of the period allowed for the import of the materiel.Section 5 Licensing Procedure  Art. 12a43 Licensing requirements1 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.2 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  1 The licensing authority is SECO, subject to the reservation of paragraph 3.442 ... 45 2bis ...46 3 The responsibility for the transit of military and other state aircraft is governed by the Ordinance of 23 March 200547 on the Protection of Airspace Sovereignty.4844  Amended by No I of the Ordinance on War Materiel of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).45  Repealed by No I of the Ordinance on War Materiel of 21 Nov. 2001 (AS 2002 312).46  Inserted by Art. 50 No 3 of the Weapons Ordinance of 21 Sept. 1998, in its version of 16 March 2001 (SR 514.541). Repealed by No I of the Ordinance of 21 Nov. 2001  (AS 2001 312).47 SR 748.111.148 Amended by No I of the Ordinance of 19 Aug. 2015, in force since 1 Oct. 2015  (AS 2015 2943).Art. 14 Procedure   (Art. 29 WMA) 1 SECO shall decide on applications for the granting of an initial licence after consulting the Federal Intelligence Service (FIS).492 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:50a. the responsible offices of the Federal Department of Defence, Civil Protection and Sport51 in the case of security or procurement policy matters;b. the Federal Office for Energy in the case of nuclear related matters.c.52 the 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.2bis SECO shall consult the FIS in the case of significant licensing proceedings.533 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.54 4 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.5 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.49 Amended by Annex 4 No II 20 of the Ordinance of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Jan. 2010 (SR 121.1).50 Amended by No I of the Ordinance of 19 Aug. 2015, in force since 1 Oct. 2015  (AS 2015 2943).51 Title in accordance with unpublished Federal Council Decree dated 19 Dec. 1997.52 Inserted by No I of the Ordinance of 19 Aug. 2015, in force since 1 Oct. 2015  (AS 2015 2943).53 Inserted by No I of the Ordinance of 27 Aug. 2008 (AS 2008 5495). Amended by Annex 4 No II 20 of the Ordinance of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Jan. 2010 (SR 121.1).54  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).Art. 1555 Prohibition of assignment and term of validity  1 Initial, general and specific licences may not be assigned.2 Import, export and transit licences are valid for one year and may be extended by a maximum of six months.3 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.55  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).Art. 1656  Customs clearance  1 Customs clearance for import, export and transit is governed by the provisions of the customs legislation.2 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.5756 Amended by Annex 4 No 10 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (SR 631.01)57 Inserted by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595).43 Inserted by No III 1 of the O of 17 Sept. 2021, in force since 1 Nov. 2021 (AS 2021 595).Section 6 Controls and Administrative Measures  Art. 17 Obligation to maintain records  1 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:a. the entries, exits and stocks of war materiel;b. the names and addresses of suppliers, purchasers and contractual parties;c. the data and subject matter of commercial transactions.2 The following documents must be available for inspection for a period of ten years in order to substantiate records:a. invoices from suppliers;b. copies of invoices addressed to purchasers and contractual parties; where payment is made in cash, receipts for the goods signed by the purchasers;c. contracts relating to transactions relating to intellectual property including know-how pertaining to war materiel.d.58 Transport documents with details of the transit states.58 Inserted by Schedule 2 No 2 of the Ordinance of 21 Nov. 2012, in force since 1 Jan. 2013  (AS 2012 6781).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  1 SECO carries out the controls.2 Controls at the border are the responsibility of the FOCBS.5959 Amended by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).Art. 2060 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.60 Amended by Annex No 19 of the Ordinance of 12 Dec. 2008, in force since 1 Jan. 2009  (AS 2008 6305).Art. 2161 Administrative measures  1 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.2 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.61  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).Section 7: Fees Art. 22 Fees   (Art. 31 WMA)1 The licence fees are as follows:a. for first issue of an initial licence, 500 francs;b. for the subsequent amendment, modification or reissue of an initial licence, 250 francs;c. 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;d.62 for brokerage, trading, general import and general transit licences as well as licences for contracts under Article 20 WMA: 200 francs;e.63 ...f.64 for specific transit licences: 100 francs.2 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.653 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.4 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.665 No fees are charged for transit licences for:a. 67 firearms, 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; b. war materiel that must be carried in transit through Switzerland in the course of police-type or judicial investigation proceedings in third countries; c.68 ....696 No fees are charged for:a. the rejection of licensing applications, or the suspension and recall of licences;b. the extension of licences;c. controls as under Article 19;d. services, in particular responding to enquiries, company visits and information events.707 In addition, the provisions of the General Fees Ordinance of 8 September 200471 apply.7262  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).63  Repealed by No I of the Ordinance of 21 Nov. 2001 (AS 2002 312).64  Inserted by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).65  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).66  Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).67 Amended by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008  (AS 2008 5495).68 Repealed by No I of the Ordinance of 27 Aug. 2008, with effect from 12 Dec. 2008  (AS 2008 5495).69 Inserted by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002  (AS 2002 312).70 Inserted by No I of the Ordinance of 16 June 2006, in force since 1 Aug. 2006  (AS 2006 2671).71 SR 172.041.172 Inserted by No I of the Ordinance of 16 June 2006, in force since 1 Aug. 2006  (AS 2006 2671).Section 8 Final Provisions  Art. 23 Implementation  1 SECO shall implement this Ordinance.2 Information on the legislation on war materiel may be obtained from SECO.Art. 24 Repeal of current legislation  The Ordinance of 10 January 197373 on War Materiel is repealed.73 [AS 1973 116, 1978 199, 1980 536 Art. 91, 1987 791, 1992 2497, 1996 1035 No II,  1997 17 Art. 38 No 2]Art. 24a74 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.74 Inserted by No I of the Ordinance of 19 Sept. 2014, in force since 1 Nov. 2014  (AS 2014 3045).Art. 25 1 and 2 ... 753 ...76 75  Repealed by No I of the Ordinance of 21 Nov. 2001 (AS 2002 312)76  Inserted by No I of the Ordinance on War Materiel of Nov. 2001, in force since 1 March 2002 (AS 2002 312). Repealed by No IV 14 of the Ordinance of 22 Aug. 2007 on the formal revision of the Federal Act, with effect from 1 Jan. 2008 (AS 2007 4477)Art. 26 Commencement  This Ordinance comes into force on 1 April 1998.Annex 177 77  Revised in accordance with Nos. I of the Ordinance of 25 Aug. 1999, in force since 1 Oct. 1999 (AS 1999 2454) and II of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).(Art. 2)List of War Materiel 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 946.202).Table of Contents ItemDescription of goodsML 1Hand guns and small arms of any calibreML 2Weapons of any calibre (but excluding hand guns and small arms controlled by ML 1)ML 3Ammunition for the weapons controlled by ML 1, 2 or 12 ML 4Bombs, torpedoes, rockets, and missilesML 5Fire control equipmentML 6Armoured vehicles and other ground vehiclesML 7Tear gases and other irritantsML 8Military explosives, combustible substances and fuelsML 9Vessels of war ML 10Manned and unmanned aircraft including aero-enginesML 11Electronic equipmentML 12High velocity kinetic energy weapons systems ML 13Special armoured or protective equipmentML 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 16Forgings, castings and other unfinished productsML 17Miscellaneous equipment (robots, etc.)ML 18(Contains no war materiel; listed in order that numbering corresponds to ML)ML 19Directed energy weapons systems (e.g. laser systems)ML 20Cryogenic (low temperature) and superconductive equipmentML 21SoftwareML 22(Contains no war materiel; listed in order that numbering corresponds to ML)ML 1Hand guns and small arms of any calibre and accessories and specially designed components therefor, but not including:a. Clearly recognisable hunting and sports weapons (e.g. as per ISSF standard) that cannot also be used as military weapons in the same form;b. Single-shot firearms and muzzle-loading firearms;c. Small arms and repeating rifles for rimfire ammunition;d. Antique weapons for which usable ammunition is no longer produced or which are no longer available on the public market.Note:ML 1.d. also controls the following weapons:1.  Muskets, rifles and carbines manufactured before 1890 , and their reproductions;2.  Revolvers, pistols and machine guns manufactured before 1890 , and their reproductions.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 2Weapons 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:a. Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers and recoilless weapons;Note:ML 2.a. includes injectors, metering devices, storage tanks and specially designed components for use with liquid propelling charges for any of the equipment controlled by ML 2.a.b. Military smoke and gas projectors, military pyrotechnic projectors or generators.Note:ML 2.b. does not control signal pistols.ML 3Ammunition for weapons controlled by ML 1, ML 2 or ML 12 as well as specially designed components thereforNotes:1. Specially designed components include:a. Metal or plastic components, e.g. primer anvils, bullet cups, cartridge links, rotating bands and other metal munitions parts;b. Safing and arming devices, fuses, sensors and initiation devices;c. Power supplies with high one-time operational output;d. Combustible cases for propelling charges;e. Submunitions including bomblets, minelets and terminally guided projectiles.2. ML 3 does not control ammunition without a projectile (blank star) and dummy ammunition with a pierced powder chamber.ML 4Bombs, 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 4 includes:1. Smoke grenades, fire bombs, incendiary munitions and explosive devices;2. Missiles rocket nozzles and nose-tips for re-entry vehicles.ML 5Fire control equipment specially designed for military use, as follows, as well as specially designed components and accessories therefora. weapons sights, bombing computers, gun laying equipment and weapon control systems;b. Target acquisition, designation, range-finding, surveillance or tracking systems; detection or data merger devices (data merger) and sensor integration equipment.ML 6Armoured and other ground vehicles, and components therefor, specially designed or modified for military use Technical note:The term “ground vehicles” in ML 6 also includes specially equipped trailers.Remarks:1. ML 6 includes:a. Armoured vehicles, with or without weapons, specifically designed or modified for military use (also includes armoured recovery vehicles)b. Other vehicles of any type that are specifically designed or modified for using weapons (e.g. combat vehicles, armed or unarmed, equipped with mountings for arms or equipment for mine laying or for the launching of munitions controlled under ML 4);c. Tracked vehicles that are specifically designed or modified for military use.2. The design or modification of the abovementioned ground vehicles for military use may entail a structural, electrical or mechanical modification, involving one or more specially designed components. Such components include:a. Pneumatic tyre casings designed to be bullet-proof or to run when deflated;b. Tyre inflation pressure control systems that can be operated from within a moving vehicle;c. armoured protection of vital parts (e.g. fuel tanks or vehicle cabins);d. special reinforcements for the mounting of weapons.3. ML 6 does not control civilian automobiles or trucks designed or modified for transporting money or valuables that have armoured or ballistic protection.ML 7Tear 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: -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).introduction:1. The following are not controlled:a. ethyl bromoacetate;b. xylyl bromide;c. benzyl bromide;d. benzyl iodide;e. bromo acetone;f. cyanogen bromide;g. bromo methylethylketone;h. chloro acetone;i. ethyl iodoacetate;j. iodo acetone.2. Individually packaged tear gases or other irritants for personal self-defence purposes are not controlled.ML 8Military explosives and combustible agents, including fuels:a. Explosives and fuels that fulfil the following performance parameters:1. Explosives with a detonation velocity exceeding 8700 m/s or a detonation pressure exceeding 34 GPa (340 kbar);2. Organic explosives yielding a detonation pressure of 25 GPa (250 kbar) or more that will remain stable at temperatures of 250°C (523 K) or higher for periods of 5 min or longer;3. Solid propellants in UN Class 1.1 with a theoretical specific impulse (under standard conditions) of more than 250 seconds for non-metalised, or more than 270 seconds for aluminised compositions;4. Solid propellants in UN Class 1.3 with a theoretical specific impulse of more than 230 seconds for non-halogenised, 250 seconds for non-metalised, and 266 seconds for metalised compositions;5. Propellent powder with a force constant exceeding 1200 kJ/kg;6. Explosives, fuels or pyrotechnics that can sustain a steady-state linear burning rate of more than 38 mm/s at 6.89 MPa (68,9 bar) pressure and 21°C (294 K); or7. Elastomer modified cast double base propellants (EMCDB) with an extensibility at maximum stress of more than 5% at -40 °C (233 K);b. Military pyrotechnics;c. Other substances as follows:1. Aircraft fuels specially designed for military use;2. Military materials containing thickeners for hydrocarbon fuels specially developed for use in flame throwers or incendiary munitions, such as metal stearates or palmates (octal) (CAS-No. 637-12-7) and M1, M2, and M3 thickeners;3. Liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) or oxygen difluoride.Note:Aircraft fuels that are controlled by ML 8.c.1. are finished products and not their constituents.ML 9Vessels of war and accessories as follows as well as components therefor, specially designed for military use:a. Combatant vessels or vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted for non-military use, and regardless of current state of repair or operating condition or whether or not they contain weapons delivery systems or armour, as well as hulls or parts of hulls for such vessels;b. Engines as follows:1. Diesel engines specially designed for submarines, with both of the following characteristics:a. power output of 1.12 MW (1500 PS) or more; andb. rotary speed of 700 rpm or more;2. Electric motors specially designed for submarines, with all of the following characteristics:a. power output of more than 0.75 MW (1000 PS);b. quick reversing;c. liquid cooled; and d. totally enclosed;3. Non-magnetic diesel engines with a power output of  37.3 kW (50 PS) or more and with a non-magnetic content of more than 75% of the total mass.ML 10Aircraft, unmanned aircraft, aero-engines, aircraft equipment, related equipment and components, specially designed or modified for military use, as follows:a. Combat aircraft and helicopters and specially designed components therefor;b. Other aircraft, specially designed or modified for military use;c. Aero-engines for aircraft under letters a and b above and specially designed components therefor;d. Unmanned aircraft including remotely piloted air vehicles (RPVs) and autonomous, programmable vehicles, specially designed or modified for military use, as well as their launchers, ground support equipment and related equipment for command and control.Notes:1.  ML 10.b. does not control aircraft or variants of such aircraft that are specially designed for military use that:a. are not configured for military use and are not fitted with technical equipment or attachments that are specially designed or modified for military use; andb. have been certified for civil use by a civil aviation authority in a participating state.2.  ML 10.c. does not control:a. Aero-engines designed or modified for military use that have been certified by the civil aviation authority of a participating state for use in civil aircraft, as well as specially designed components therefor;b. reciprocating engines or specially designed components therefor.3. The control in ML 10.b. and ML 10.c. on specially designed components and related equipment for non-military aircraft or aero-engines modified for military use applies only to those military components and related military equipment required for the modification for military use.4. ML 10.d does not include reconnaissance drones.ML 11Electronic equipment specially designed for military use not controlled elsewhere in this list, and specially designed components thereforNote:ML 11 includes the following:a. Equipment for electronic countermeasures (ECM) and electronic counter-countermeasure equipment (ECCM), including electronic jamming and counter-jamming equipment, i.e. equipment designed to introduce extraneous signals or erroneous signals into radar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary receivers including their countermeasures equipment;b. Equipment for underwater countermeasures including acoustic and magnetic jamming and decoy that introduce extraneous signals or erroneous signals into sonar receivers.ML 12High 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:1. ML 12 includes the following when specially designed for kinetic energy weapons systems:a. Launch propulsion systems capable of accelerating masses larger than 1 g to velocities in excess of 1.6 km/s in single rapid fire modes;b. Prime power, electric armour, energy storage, thermal management, conditioning, switching or fuel handling equipment, electrical interfaces between power supply, gun and other tower electric drive functions;c. target acquisition, tracking, fire control or damage assessment systems;d. homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.2. ML 12 controls systems using any of the following methods of propulsion:a. electromagnetic;b. electrothermal;c. plasma;d. light gas; ore. chemical (when used in combination with any of the above).3. ML 12 does not control the technology for magnetic induction in the permanent propulsion of civil transport systems.4. Weapons that use sub-calibre ammunition or work solely by chemical propulsion, and ammunition therefor: see ML 1, ML 2, ML 3 and ML 4.ML 13Special armoured or protective equipment and constructions and components, as follows:a. Armoured plate as follows:1. manufactured to comply with military standard or specification; or2. suitable for military use;b. Constructions of metallic and non-metallic materials or combinations thereof specially designed to provide ballistic protection for military systems.Note:ML 13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters.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 16Forgings, 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 17Miscellaneous equipment, materials and libraries, as follows, and specially designed components therefor:a. Robots, robot controllers and robot-end-effectors specially designed for Military use;b. Libraries (parametric technical databases) specially designed for military use with equipment controlled by this list;c. Nuclear power generating equipment or propulsion equipment including nuclear reactors, specially designed for military use, and components therefore specially designed or modified for military use.Technical Notes:For the purpose of ML 17, the term “library” (parametric technical database) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems.ML 18(Contains no war materiel; listed in order that numbering corresponds to ML)ML 19Directed energy weapon systems as follows and specially designed components therefor:a. Laser systems specially designed for the destruction or defence against (mission abort) of a target;b. Particle beam systems capable of the destruction or defence against (mission abort) of a target;c. High power radio-frequency systems capable of the destruction or defence against (mission abort) of a target.Notes:1. Directed energy weapon systems controlled by ML 19 include systems whose capability is derived from the controlled application of: a. lasers with sufficient continuous wave or pulsed power to effect destruction comparable with that of conventional ammunition;b. particle accelerators that project a charged or neutral particle beam with destructive power;c. radio frequency beam transmitters with high pulsed power or high average power that produce fields sufficiently intense to disable electronic circuitry in a distant target.2. ML 19 includes the following when specially designed for directed energy weapon systems:a. Prime power generation, energy storage, switching, energy conditioning and fuel-handling equipment;b. Target acquisition and tracking systems;c. Systems for assessing target damage, destruction or mission abort;d. Beam-handling, propagation or pointing equipment;e. Equipment with rapid beam slew capability for rapid multiple target operations;f. Adaptive optics and phase conjugators;g. Current injectors for negative hydrogen ion beams; h. Space qualified accelerator components;i. Negative ion beam funnelling equipment;j. Equipment for controlling and slewing a high energy ion beam;k. Space qualified foils for neutralising negative hydrogen isotope beams.ML 20Cryogenic (low temperature) and superconductive equipment, as follows, and specially designed components and accessories therefor:a. Equipment specially designed or configured for installation in a vehicle for military ground, marine, airborne or space applications as per this list capable while in motion of producing or maintaining temperatures below –170 °C (103 K); Note:ML 20.a. includes mobile systems incorporating or employing accessories and components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials. b. Superconductive electrical equipment (rotating machinery and transformers), specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications as per this list, and capable of operating while in motion.Note:ML 20.b. does not control direct-current hybrid, homopolar generators that have single-pole, normal metal armatures that rotate in a magnetic field produced by superconductive windings, provided those windings are the only superconductive component in the generator.ML 21Software, 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)Annex 278 78  Revised in accordance with No I of the Ordinance of 25 Aug. 1999, in force since  1 Oct. 1999 (AS 1999 2454).(Art. 6 and 7)List of countries where no specific licences are required in terms of Articles 6 and 7 WMO ArgentinaAustraliaBelgiumDenmarkGermanyFinlandFranceGreeceGreat BritainIrelandItalyJapanCanadaLuxembourgNew ZealandNetherlandsNorwayAustriaPolandPortugalSwedenSpainCzech RepublicHungaryUSAAnnex 379 79 Inserted by Annex 4 No II 2 of the Weapons Ordinance of 2 July 2008, in force since 12 Dec. 2008 (SR 514.541).(Art. 6a para. 4)Schengen Association Agreements The Schengen Association Agreements comprise:a. the Agreement of 26 October 200480 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);b. the Agreement of 26 October 200481 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;c. the Agreement of 17 December 200482 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;d. the Agreement of 28 April 200583 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;e. the Protocol of 28 February 200884 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.80 SR 0.362.3181 SR 0.362.182 SR 0.362.3283 SR 0.362.3384 SR 0.362.311


text: 642.118.3 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.FDF Ordinanceon the Deduction of Special Professional Expenses by Expatriates for the purposes of Direct Federal Taxation1(Expatriates Ordinance, ExpatO)of 3 October 2000 (Status as of 1 January 2021) 1  Amended by No I of the FDF O of 9 Jan. 2015, in force since 1 Jan. 2016 (AS 2015 311).The Federal Department of Finance (FDF),on the basis of Article 26 of the Federal Act of 14 December 19902 on Direct Federal Taxation (DFTA)as well as Article 1 letter a of the Ordinance of 18 December 19913 on the Delegation of Powers on Direct Federal Taxation to the Department of Finance,ordains:2 SR 642.113 SR 642.118Art. 14 Principle  1 Management employees and specialists with specific professional qualifications that are posted temporarily to Switzerland by their foreign employer (expatriates) may, for the purposes of direct federal taxation, deduct special professional expenses in addition to professional expenses in accordance with the Professional Expenses Ordinance of 10 February 19935. These special professional expenses are deemed to be other professional expenses as defined in Article 26 paragraph 1 letter c DFTA.2 «Temporarily» means a period limited to a maximum of five years' employment.3 The entitlement to deduct special professional expenses ceases in the event that temporary employment is replaced by permanent employment.4 Amended by No I of the FDF O of 9 Jan. 2015, in force since 1 Jan. 2016 (AS 2015 311).5 SR 642.118.1Art. 2 Special professional expenses  1 Special professional expenses of expatriates resident abroad are:a.the necessary costs of travelling between their foreign place of residence and Switzerland;b.reasonable living expenses in Switzerland where they retain a dwelling abroad for permanent personal use.62 Special professional expenses of expatriates resident in Switzerland are:a.the necessary costs of moving to Switzerland and back to their previous foreign country of residence, as well as the necessary travel costs incurred by the expatriate and his or her family at the start and at the end of the period of employment;b.reasonable living expenses in Switzerland where they retain a dwelling abroad for permanent personal use;c.tuition fees at foreign language private schools for their minor children whose first language is a foreign language, where public schools do not offer tuition in the language concerned.73 The deduction of special professional expenses under paragraphs 1 and 2 is permitted if they are paid by the expatriate himself or herself and the employer:a.does not refund them;b.refunds them in the form of a flat-rate payment. This flat-rate payment must be added to the gross taxable salary.4 No deduction of special professional expenses under paragraphs 1 and 2 is permitted if they:a.are paid directly by the employer;b.are first paid by the expatriate and then refunded by the employer on submission of the receipt.5 Any payment of special professional expenses by the employer must be indicated on the annual salary certificate.6 Amended by No I of the FDF O of 9 Jan. 2015, in force since 1 Jan. 2016 (AS 2015 311).7 Amended by No I of the FDF O of 9 Jan. 2015, in force since 1 Jan. 2016 (AS 2015 311).Art. 3 Non-deductible costs  The following in particular are not deemed to be deductible professional expenses:a.the costs of the permanent dwelling abroad;b.expenditure for furnishing the dwelling and for service charges on dwellings in Switzerland;c.additional expenditure due to the higher cost of living or the higher tax burden in Switzerland;d.the costs of obtaining legal or tax advice.Art. 48 Claiming special professional expenses  1 Where a person has the right to deduct living expenses under Article 2 paragraph 1 letter b or paragraph 2 letter b, he or she may deduct a flat-rate amount of 1,500 francs per month instead of the actual expenses under Article 2 paragraph 1 or paragraph 2 letters a and b.2 In the procedure for deducting tax at source, for the purpose of calculating the tax due the employer shall reduce the gross salary by the flat-rate deduction under paragraph 1. The expatriate may claim any actual costs that are higher by requesting a retrospective ordinary assessment (Art. 89, 89a and 99a DFTA).98 Amended by No I of the FDF O of 9 Jan. 2015, in force since 1 Jan. 2016 (AS 2015 311).9 Second sentence amended by Art. 26 of the Taxation at Source Ordinance of 11 April 2018, in force since 1 Jan. 2021 (AS 2018 1829).Art. 4a10 Transitional provision to the Amendment of 9 January 2015  Persons who at the time that the Amendment of 9 January 2015 comes into force qualify as expatriates under Article 1 paragraph 1 in its version of 3 October 200011 retain this status until the end of their temporary period of employment.10 Inserted by No I of the FDF O of 9 Jan. 2015, in force since 1 Jan. 2016 (AS 2015 311).11 AS 2000 2792Art. 5 Commencement  This Ordinance comes into force on 1 January 2001.


text: 672.3 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.Federal Act on the Recognition of Private Agreements for the Avoidance of Double Taxation with respect to Taxes on Income and on Capitalof 17 June 2011 (Status as of 15 November 2011)The Federal Assembly of the Swiss Confederation,on the basis of Article 54 paragraph 1 of the Federal Constitution1, and having considered the Federal Council Dispatch dated 18 August 20102,decrees:1 SR 1012 BBl 2010 5549Art. 1 Subject of recognition  The Federal Council is authorised to recognise agreements between private institutions for the avoidance of double taxation with respect to taxes on income and on capital, provided the conclusion of an international treaty on the same matter is not an option.Art. 2 Requirements  The recognition of an agreement under Article 1 requires that:a.reciprocity is guaranteed;b.the agreement is compatible with Switzerland’s agreement policy for the avoidance of double taxation; andc.the competent committees of the National Council and of the Council of States have agreed to recognition; if the committees do not both agree to recognition, Article 95 of the Parliament Act of 13 December 20023 shall be applied by analogy.3 SR 171.10Art. 3 Withdrawal of recognition  The Federal Council may withdraw its recognition of an agreement at any time if:a.reciprocity is no longer guaranteed; b.the agreement has been infringed in a serious manner; orc.withdrawal of recognition is required to safeguard Switzerland’s interests.Art. 4 Scope of application  Once recognised by the Federal Council, an agreement applies throughout Switzerland.Art. 5 Publication  1 Any decision of the Federal Council on recognition or withdrawal of recognition shall be published in the Federal Gazette.2 The agreement shall be published with the decision on recognition.Art. 6 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 15 November 201144 FCD of 9 Nov. 2011.