Swiss Voters to Decide on Relaxing Weapons Non-Re-Export Rules

Swiss voters will decide on 29 November on a revision of the War Material Act that would largely eliminate the country's requirement for non-re-export declarations in arms sales. Under the proposed text, the Federal Council would no longer be mandated to demand written guarantees from purchasing nations, obtaining discretionary authority to require them only when specific foreign policy, neutrality, or national security interests are involved.

Supporters of the legislative revision argue that the change is necessary to maintain the competitiveness of the domestic arms industry. Reto Nause, a National Councillor for the Centre Party, stated that 36 designated partner countries, including numerous NATO members, demand the ability to transfer defense systems among themselves as a condition for buying Swiss armaments. He noted that although illegal diversions have occurred under existing legislation, the revised law provides clear safeguards while allowing executive oversight for sensitive transactions.

Opponents of the initiative contend that weakening export controls creates significant risks for international security. Gerhard Andrey, a Green Party National Councillor, expressed concern that Swiss war material could reach active conflict zones such as Sudan, Yemen, or the wider Middle East without mandatory guarantees. Past instances of unauthorized transfers include Swiss M109 howitzers delivered to Morocco via the United Arab Emirates, alongside similar diversions reported in Syria and Libya.

Legal experts have also expressed reservations regarding the proposal's compatibility with international agreements. Evelyn Schmid, a professor of international law at the University of Lausanne, stated that international law requires states to actively prevent weapons from reaching unauthorized recipients, embargoed nations, or armed groups. She noted that removing non-re-export declarations for weapon components, subassemblies, and deliveries to private entities directly conflicts with the obligations set forth in the United Nations Arms Trade Treaty.

The non-re-export requirement dates back to 1949, when the Federal Council introduced written pledges following Allied pressure over arms shipments to Francoist Spain. The mechanism originally aimed to protect domestic defense manufacturing after World War II while ensuring Swiss weapons were not routed to the Eastern Bloc during the Cold War. The vote on 29 November will decide whether the 75-year-old requirement remains mandatory or becomes a discretionary tool for the Federal Council.

Written by Christiane Hofreiter christiane.hofreiter@alpineweekly.com