Swiss War Materiel and Arms Exports

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Walther pistols to Guatemala via Czechia

Goods category: War materiel (pistols)

On 20 June 2003, a Swiss arms trading company exported a total of 250 Walther pistols via Romanshorn to a company in Prague. From there, they reached Guatemala. SECO had approved export to Czechia on 19 June 2003; on 25 June, it rejected the application for direct export to Guatemala submitted on 14 May. A second shipment of 138 pistols, also intended to reach Guatemala via Czechia, was stopped because of a dispute between business partners. The weapons were unloaded from the aircraft again in Zurich on 16 October 2003 and returned to the Swiss company. The Federal Criminal Court acquitted the two accused officials on 18 April 2008. The Federal Supreme Court upheld the acquittals on 2 April 2009: the Czech buyer could freely dispose of the weapons; under the provision charged, its onward delivery could not be attributed to the Swiss suppliers as their own delivery to another recipient. In the German investigation, in addition to the Guatemala transaction, seven further exports through the same Swiss company to the Dominican Republic in 2002–2004 were at issue. The German authorities suspected deception about the weapons’ end use in Switzerland. The Federal Supreme Court upheld mutual legal assistance on 28 August 2006.

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 Guatemala and the Dominican Republic 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 Guatemala and the Dominican Republic could thus easily be supplied through a subsidiary or intermediary in a third country. For example, the following states could serve as third countries, having supplied substantial quantities of war materiel in recent years according to SIPRI: Guatemala: Spain (33 million TIV); Dominican Republic: United States (21 million TIV).

Countries

Companies

Time period

2002–2004; Swiss judgments in 2006 and 2009

Sources