Swiss War Materiel and Arms Exports

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Stolen Mirage plans for Israel

Goods category: Unclear

In 1968–1969, Sulzer employee Alfred Frauenknecht passed secret documents for manufacturing the Mirage’s ATAR engine to Israeli agents. In 1971, the Federal Supreme Court found that he had thereby disclosed military secrets.

Effect of the proposed War Materiel Act revision

Under the new Article 22b, the Federal Council could depart from all the licensing criteria in Article 22a under vaguely defined ‘exceptional circumstances’. The public would not have to be informed. The Federal Council could add Israel to Annex 2 by amending the War Materiel Ordinance. This would remove the exclusion criterion based on participation in an armed conflict and make approval the rule. The Federal Council could refuse a licence only in exceptional cases. Article 18 paragraph 1 would abolish non-re-export declarations in the vast majority of cases. Weapons for Israel could thus easily be supplied through a subsidiary or intermediary in a third country. The United States could serve as a third country, having, according to SIPRI, supplied substantial quantities of war materiel to Israel in recent years (5’009 million TIV).

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Time period

1968–1969; judgment in 1971

Sources