Illegal arms export: Sig Sauer has to pay millions

Via the detour from the USA to Colombia: an unauthorized export of 38,000 pistols costs the weapons manufacturer Sig Sauer dearly. The Federal Court of Justice approved the confiscation of around 11 million euros.

Between 2009 and 2011, 38,000 pistols from the German armory manufacturer Sig Sauer landed in Colombia. At that time, arms exports to Colombia were forbidden under German law because a bad civil war was raging in the country. The Federal Foreign Office classified the human rights situation as serious.

In order to do business in Colombia anyway, Sig Sauer came up with something: The Schleswig-Holstein company based in Eckernförde obtained an export license for the pistols for delivery to the USA. Sig Sauer stated in writing that the pistols would also remain in the USA. These were then delivered to the Group’s US subsidiary, Sig Sauer Inc. From there the firearms were sent directly to the Colombian National Police.

Sales revenues may be confiscated

In 2019, the Kiel Regional Court sentenced three former managers of the group to probation and fines. These judgments became final and the convicts waived their right to appeal. At the same time, the court ordered that the revenue of around 11 million euros must be collected and paid to the state treasury.

Three companies in the group of companies concerned appealed to the Federal Court of Justice (BGH) against the collection of the money. Without success. The BGH has now approved the collection of the million amount by the highest court (file number: 3 StR 518/19). In his judgment, the presiding judge Jürgen Schäfer made it clear why this measure is so important:

The aim is to raise awareness that such transactions are not worthwhile, that expenditures for them are useless and that it therefore makes more economic sense to include effective control mechanisms to prevent such crimes.

“A little rehabilitation for the thousands of dead”

It is often particularly painful for a company when it has to surrender a large sum of millions. On the other hand, suspended sentences for former employees are comparatively easy to cope with. Sig Sauer representatives or lawyers from the group were not on site in Karlsruhe, but those who had started the criminal process with their criminal complaints.

One of them is Jürgen Grässlin, who is part of an alliance called “Aktion Aufschrei – Stop the arms trade!” has been fighting arms exports for many years. He is very satisfied with the verdict:

The signal is very clear to the industry: illegal arms trade is not worthwhile. But on the contrary. If you export arms illegally, you have to expect high payments to the state. And of course also with convictions against those politically and economically responsible.

The action alliance is supported by lawyer Holger Rothbauer. He speaks of a historically significant judgment:

According to the Heckler & Koch judgment by the same Senate, it is a really grandiose judgment against the arms industry. There may be a little rehabilitation for the thousands of dead in Colombia shot in rows with Sig Sauer pistols.

Managers face further criminal proceedings

It is not the first success for opponents of arms exports. Years ago they reported the German arms manufacturer Heckler & Koch for illegally exporting assault rifles to Mexico. At the end of March this year, the BGH ruled that Heckler & Koch had to pay sales of around three million euros to the state treasury. In addition, two former employees were sentenced to suspended sentences, which were confirmed by the BGH.

Sig Sauer is likely to remain in the headlines. Group managers are threatened with new criminal proceedings. The public prosecutor’s office in Kiel has been investigating further allegations since last year. After research by the SWR the company is said to have delivered weapons to Mexico without the exports being approved.