Private security services provided abroad
According to the law, companies wishing to offer private security services abroad from Switzerland are required to notify the competent authority in advance. In 2022, the FDFA received 95 notifications from companies. No ban was imposed.
The agency responsible for implementing the Federal Act on Private Security Services Provided Abroad (FPS) is the Export Control and Private Security Services Section (SEPS) of the Federal Department of Foreign Affairs (FDFA). According to a Federal Council statement, SEPS received 95 notifications in 2022. They mainly concerned four groups of activities: Personal protection and guarding of goods and properties in a complex environment, operational or logistical support for armed or security forces, private intelligence activities and law enforcement services.
No bans issued
The SEPS has initiated two investigation procedures in 2022. No bans were issued, according to the media release. Private security services that could lead to direct participation in hostilities or serious human rights violations were not identified in 2022, it said. Such activities are prohibited under Articles 8 and 9 of the BPS.
According to the Federal Council, the year 2022 was also strongly influenced by the effects of the revision of the ordinance on the BPS. Due to this revision, the number of reportable activities had decreased significantly.
Review
According to the statement, the Swiss Federal Audit Office (SFAO) reviewed the effectiveness of the BPS and the correct implementation of the law by SEPS at the beginning of 2022. During its audit, the SFAO concluded that SEPS had established adequate reporting and audit procedures and that these were effectively implemented.
SEPS continues its information and awareness-raising work
At the national level, many companies still have difficulty assessing whether a planned activity meets the new, more precise definition of private security services or whether it falls under the exemptions from the notification requirement, the Federal Council writes. SEPS 2022 has established contacts with companies operating in various relevant sectors to determine the extent to which they may be affected by the BPS, it said.
In connection with the Ukraine war, the competent authority, according to the Federal Council, was repeatedly confronted with various questions, in particular on the scope of the BPS and the Ordinance of March 4, 2022 on measures in connection with the situation in Ukraine.
At the international level, SEPS participated in several events dealing with the regulation of private security companies and issues of international law, according to the media release. Of particular note, it said, was SEPS' participation in the third session of the United Nations Human Rights Council's intergovernmental working group to develop an international framework for regulating private military and security companies. In addition, informal contacts have been established with a number of national regulators to promote intergovernmental exchanges in the field of private security services.
Finally, the work of SEPS in the second half of 2022 was characterized by preparations for Switzerland's seat on the UN Security Council. As a specialist unit for private security services abroad, the competent authority was able to contribute its knowledge to work related to classic private military and security companies and provide its expertise on actors such as the Wagner Group, it concludes.
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