Section 3: Specific Licences
< Art. 4 Withdrawal and revocation
> Art. 5a Non-re-export declarations
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:
- the maintenance of peace, international security and regional stability;
- the situation in the country of destination, in particular with regard to respect for human rights and the non-use of child soldiers;1
- the efforts made by Switzerland in the area of development cooperation;
- the conduct of the country of destination towards the international community, in particular with regard to compliance with international law;
- 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:
- the country of destination is involved in an internal or international armed conflict;
- the country of destination violates human rights in a systematic and serious manner;
- 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 aid2;
- in the country of destination there is a high risk that the exported weapons will be used against the civilian population; or
- in the country of destination there is a high risk that the exported weapons will be passed on to an undesirable end recipient.3
3 In derogation from paragraphs 1 and 2, a licence may be granted for individual weapons in Category WM 1 of Annex 1 with the ammunition pertaining thereto, provided the weapons are used exclusively for private or sporting purposes.4
1 Amended by No I of the Ordinance of 21 Nov. 2001, in force since 1 March 2002 (AS 2002 312).
2 The OECD-DAC List may be obtained at the following internet address: www.oecd.org
3 Inserted by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).
4 Inserted by No I of the Ordinance of 27 Aug. 2008, in force since 12 Dec. 2008 (AS 2008 5495).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.