Mercenary companies banned in Switzerland
A company that provides security services abroad is now subject to a reporting obligation. Furthermore, as of September 1, 2015, so-called mercenary companies will be prohibited in Switzerland. The Federal Council has decided to bring the Federal Act on Private Security Services Provided Abroad (BPS) and the associated ordinance into force on this date.
The new Federal Law on Private Security Services Provided Abroad (BPS) is intended to help preserve Swiss neutrality and guarantee compliance with international law. It applies to companies that provide security services abroad from Switzerland or carry out related activities in Switzerland. Also covered are federal authorities that commission security companies to perform certain protection tasks abroad, and companies based in Switzerland that control security companies operating abroad (holding companies).
Armed conflicts: no participation
Security companies based in Switzerland may not participate directly in hostilities in the context of an armed conflict abroad. The prohibition of mercenary activities includes the recruitment, training and placement of personnel in Switzerland and abroad. Activities that promote serious human rights violations are also prohibited. For example, a prison cannot be operated in a state where torture is known to occur.
Obligation to report
Any company wishing to provide private security services abroad must first notify the competent authority, i.e. the Political Directorate of the Federal Department of Foreign Affairs (FDFA). Notification is required, for example, for the protection of persons and the guarding of goods and properties if they take place in sensitive environments or situations, but also for the control of persons or the care of prisoners. In a first step, the Political Directorate of the FDFA decides within fourteen days whether the reported activity gives rise to the initiation of an investigation procedure. If the reported activity is in conflict with the purposes stated in the law, it will be prohibited in a second step.
Various control measures ensure effective implementation: Under certain conditions, the Political Directorate of the FDFA can inspect a company's business premises without prior notice and inspect business records. Violations of the law are punishable by imprisonment of up to three years or a fine.
Routine Services
The implementing regulations provide for a simplified notification procedure in certain cases. These are routine services (e.g. protection of a supermarket or a shoe factory in a sensitive environment).
Here you will find the explanatory report of the FOJ on the Ordinance on Private Security Services Provided Abroad (VPS).
FDJP-Press release
