Swiss War Materiel and Arms Exports

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Staged theft of export pistols

Goods category: War materiel (pistols; confiscation under the War Materiel Act then in force)

A Swiss company imported semi-finished pistols from northern Italy under licence, machined and assembled them in Switzerland and stored them for export. In March 1989, the person responsible and a buyer staged a break-in. They claimed to the insurer and authorities that 1’020 pistols with a replacement value of just under 120’000 Swiss francs had been stolen. In fact, they had been sold to the accomplice, although the seller knew he held neither the required purchase nor export licence. On 5 April 1989, 742 pistols were seized in a Swiss air-raid shelter. The Biel criminal court sentenced the person responsible to eight months’ imprisonment, suspended, for offences including aiding illegal export, making a false report to the war materiel administration and other offences. On 5 November 1991, the Federal Supreme Court upheld confiscation of the 742 seized pistols. The recipient countries and the whereabouts of the remaining weapons are not named in the published decision.

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. Depending on the recipient state to which the case is assigned today, Article 22a paragraph 2bis would make approval the rule for Annex 2 states; the Federal Council could add further states to Annex 2 by amending the ordinance. Article 18 paragraph 1 would make non-re-export declarations by government end recipients a requirement dependent on the situation and could thus facilitate onward transfers. The recipient states in this entry are not individually named, so no reliable country-specific SIPRI example is possible.

Countries

Time period

1989; confiscation decision in 1991

Sources