¹ Any person who wilfully commits any of the following acts without being able to claim an exemption under Article 7 Paragraph 2 is liable to a custodial sentence not exceeding ten years or to a monetary penalty:⁴²

a.

the development, manufacture, brokerage, acquisition, surrender to another, imports, export, transit, stockpiling, or any other form of possession of nuclear, biological or chemical weapons (NBC weapons);

b.

incitement to commit any of the acts listed under letter a; or

c.

assisting in the commission of an act listed under letter a.

² A custodial sentence may be combined with a monetary penalty.⁴³

³ If the act is committed through negligence, the penalty is a custodial sentence not exceeding one year or a monetary penalty.⁴⁴

⁴ An act committed abroad is an offence in terms of these provisions irrespective of the law of the place of commission if:

a.

it violates international law agreements to which Switzerland is a contracting party; and

b.

the offender is Swiss or is domiciled in Switzerland.

⁵ Article 7 paragraphs 4 and 5 of the Criminal Code⁴⁵ apply.⁴⁶