Swiss War Materiel and Arms Exports

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Swiss gun production licence for India

Goods category: War materiel

Oerlikon GDF-003 35 mm twin gun, Taiwan, 13.08.2011.

CC BY-SA 3.0

On 29 June 2005, the Federal Council endorsed a preliminary application for a licence to manufacture 35 mm anti-aircraft guns in India and for Oerlikon-Contraves to supply some of the components. The licensing agreement was approved on 28 July 2005. The announced scale of the project was around 300 million Swiss francs. In 2006, the National Council’s Control Committee considered the decision legally permissible but criticised it, among other reasons, because of the unresolved Kashmir conflict and India’s nuclear policy.

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 India 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 India 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 India in recent years (6’103 million TIV).

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Conflicts

Companies

Time period

2005–2006

Sources