Swiss War Materiel and Arms Exports

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Historic weapons for Xi Jinping’s military museum

Goods category: War materiel (KM1) Further weapons and accessories under Annex 5 item 1 of the Goods Control Ordinance; national controls, no automatic classification as dual-use goods

Xi Jinping in Beijing, 07.12.2023.

CC BY 4.0

A Chinese military museum had historic firearms purchased at auction in Germany transported through Switzerland. On 25 July 2019, customs stopped a shipment in Kreuzlingen; the weapons were handed over to the German authorities. In March 2019, Swiss export applications had been submitted for 237 weapons listed as war materiel, as well as 138 other weapons and eight accessories. The proceedings concerned the use of export applications instead of transit applications and false statements about the goods’ location. The Office of the Attorney General of Switzerland issued summary penalty orders against two people involved, who challenged them. On 27 November 2025, the Federal Criminal Court acquitted A. of both negligent violation of the War Materiel Act and the charge under the Goods Control Act. For B., it dismissed the War Materiel Act charges as time-barred and acquitted him of the Goods Control Act charges. The Office of the Attorney General announced an appeal but abandoned it on 2 February 2026. By decision of 4 February 2026, the Appeals Chamber confirmed that the judgment was final.

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 China 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 China could thus easily be supplied through a subsidiary or intermediary in a third country. France could serve as a third country, having, according to SIPRI, supplied substantial quantities of war materiel to China in recent years (2’015 million TIV).

Countries

Time period

2015–2019; judgment in 2025; finality confirmed in 2026

Sources