National Implementation of IHL
Ordinance on Private Security Services Abroad, 2015
Ordonnance sur les prestations de sécurité privées fournies à l’étranger (OPSP) du 24 juin 2015

24.06.2015
Yes
In French:  Recueil officiel du droit fédéral, No 28, 21 juillet 2015, p. 2423-2430 https://www.admin.ch/opc/fr/official-compilation/2015/2423.pdf (last accessed on 22.02.2016)
In English: Classified Compilation of Federal Legislation, 935.411, 1 September 2015, 8 p. https://www.admin.ch/opc/en/classified-compilation/19980112/201510010000/514.511.pdf (last accessed on 22.02.2016)

Summary
On 24 June 2015, the Swiss Federal Council adopted the ordinance on private security services abroad. The ordinance contains implementing provisions for the federal law on private security services provided abroad adopted on 27 September 2013.

Article 1 of the ordinance defines the notion of complex environment - as referred by Article 4 of the federal law - by three cumulative criteria. An area is considered as a complex environment when (i) experiencing or recovering from unrest, or instability due to natural disaster or armed conflict in terms of the Geneva Conventions and Additional Protocols I; (ii) where the rule of law has been substantially undermined; and (iii) in which the capacity of the state authority to handle the situation is limited or non-existent. The definition adopted is close to the definition adopted by the International Code of Conduct for Private Security Providers.

Article 2 provides that companies are deemed to have acceded to the International Code of Conduct for Private Security Service Providers - as required by Article 7(1) of the Federal Law - if they are members of the International Code of Conduct for Private Security Providers Association.

Furthermore, the ordinance designates the Directorate of Political Affairs of the Federal Department of Foreign Affairs as the competent authority for the implementation of the legislation, as well as for receiving declaration of activities from private security companies under Article 10 of the federal law. It also provides for simplifications of the declaration procedure for certain services and an accelerated procedure in case of emergency situations.

Finally, Article 4 stipulates what information has to be declared to the above-mentioned authority and Article 5 details in which situation the identity of principal or the recipient of a service must be disclosed.

Related laws: Federal Law on Private Security Services Abroad, 2013


Document
File TypeSizeFile Name
application/pdf 106 KB Switzerland - Ordinance on Private Security Services Abroad, 2015 [Fre].pdf
application/pdf 111 KB Switzerland - Ordinance on Private Security Services Abroad, 2015 [Eng].pdf