The Tinner network for Gaddafi’s nuclear programme
Goods category: Dual-use components (technical goods classification) Conviction for promoting the manufacture of nuclear weapons under Art. 34 of the War Materiel Act; this does not make every individual component conventional war materiel.
Friedrich, Urs and Marco Tinner helped procure components for gas ultracentrifuges within Abdul Qadeer Khan’s network. The material was intended for Libya’s nuclear programme. On 25 September 2012, the Federal Criminal Court convicted all three of facilitating the manufacture of nuclear weapons.
Judgment SK.2011.29 covers Friedrich Tinner’s actions from May 1998 to June 2003, and Marco and Urs Tinner’s actions from 1999 to June 2003. Friedrich Tinner received a suspended 24-month prison sentence and a monetary penalty of 780 daily penalty units of 90 Swiss francs. Marco Tinner, also convicted of document forgery, received 41 months in prison and 259 daily penalty units of 30 Swiss francs; Urs Tinner was sentenced to 50 months in prison. Time already spent in custody was credited. The convictions were based on facilitating the manufacture of nuclear weapons under Article 34 of the War Materiel Act. The parties waived their rights to appeal in the simplified proceedings.
Effect of the proposed War Materiel Act revision
Dual-use goods are not subject to the War Materiel Act, but to the much weaker Goods Control Act. These cases are included for illustration.
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Time period
1998–2012