Export controls
Switzerland controls the import, export, transit and brokerage of goods. It implements international rules designed to prevent the proliferation of weapons of mass destruction and the stockpiling of conventional weapons, and which serve to implement sanctions. Export controls in the area of war materiel also serve to fulfil international obligations and to safeguard foreign and security policy interests.
The control of transfers of goods and technology is an important instrument for preventing the proliferation of weapons of mass destruction, the uncontrolled trade in conventional arms and the undesirable proliferation of relevant technologies and intangible goods such as know-how. Export controls support the implementation of obligations arising from multilateral arms control treaties, in particular the Arms Trade Treaty, the Treaty on the Non-Proliferation of Nuclear Weapons, the Chemical Weapons Convention, the Biological Weapons Convention and UN Security Council Resolution 1540.
Switzerland's export controls are also based on four international control regimes that are not binding under international law (the Australia Group, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Wassenaar Arrangement). Switzerland is a member of all these export control regimes. The 30 to 50 participating states in each regime agree on detailed lists of goods in order to establish uniform export control criteria.
The following categories are subject to controls:
- goods covered by sanctions
- nuclear goods
- goods with both civilian and military applications (dual-use)
- armaments (specific military goods and war materiel)
- goods that could be used for the development, manufacture or proliferation of weapons of mass destruction (catch-all)
Licensing bodies are the State Secretariat for Economic Affairs (SECO), for certain nuclear goods, the Swiss Federal Office of Energy (SFOE).
The FDFA plays the role assigned to it by law in the approval process and provides its expertise as required. It is consulted on individual applications for export trade concerning the licensing of war materiel as well as goods subject to goods control legislation. After review, it submits its assessment to the SECO.
Together, the FDFA, the SECO and the other authorities involved ensure that Switzerland fulfils its international obligations and that export trade in the area of war materiel is consistent with foreign policy.
Control of war materiel
Export trade, i.e. export, transit, trade, brokerage of war materiel, or the transfer of intellectual property require an individual licence from the SECO. The SECO decides on applications in agreement with the FDFA and, depending on the content, in cooperation with other departments.
Arms Control and Arms Control Policy, SECO (de, fr, it)
The FDFA reviews on a case-by-case basis whether an export trade complies with international law, international obligations and the principles of Swiss foreign policy, and submits its assessment to the SECO once this risk analysis has been completed.
The FDFA's internal analysis is based on the legal authorisation criteria. Assessments take into account the following:
- the maintenance of peace, international security and regional stability
- the human rights situation in the country of destination
- possible contradiction with the principles and goals of Swiss development cooperation
- risk of misuse of the materiel by the end recipient
- risk that the exported weapons will be passed on to an undesirable end recipient
In addition to reviewing applications, the FDFA is also involved in multilateral processes, domestic policy matters and in drafting legislation. In this regard it works closely with the SECO.
International obligations, SECO (de, fr, it)
Control of nuclear goods, goods with both civilian and military applications (dual-use), specific military goods, and nationally controlled goods
A licence from the State Secretariat for Economic Affairs (SECO) is required for the import, export and transit of nuclear goods, goods that can be used for both civilian and military purposes (dual-use goods), specific military goods and goods that are subject to national control under the Weapons Act or the Explosives Act; and from the Swiss Federal Office of Energy (SFOE) for certain nuclear goods. The SECO submits certain cases to the export control group consisting of the Federal Department of Economic Affairs, Education and Research (EAER) , the Federal Department of Defence, Civil Protection and Sport (DDPS), the Federal Department of Foreign Affairs (FDFA) and the Federal Department of the Environment, Transport, Energy, and Communications (DETEC) for decision. The Federal Intelligence Service (FIS) is also consulted.
Export controls of industrial products (dual-use) and specific military goods (licensing), SECO
The FDFA examines applications on a case-by-case basis and carries out a risk analysis based on the refusal criteria of the goods control legislation and submits its assessment to the SECO.
In addition to its role in assessing applications, the FDFA is also involved in multilateral processes, domestic policy matters and the drafting of legislation. In this regard it works closely with the SECO.
Export Control Policy Dual-Use, SECO
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Disarmament and non-proliferation
At the international level, Switzerland advocates the complete elimination (disarmament) or at least the non-proliferation of weapons of mass destruction.