private security actors 1. private security companies 2. defense producers 3. private military...

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Private Security Private Security Actors Actors 1. 1. Private Security Private Security Companies Companies 2. 2. Defense Producers Defense Producers 3. 3. Private Military Private Military Companies Companies 4. 4. Non-statutory forces Non-statutory forces

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Private Security ActorsPrivate Security Actors

1.1. Private Security CompaniesPrivate Security Companies

2.2. Defense ProducersDefense Producers

3.3. Private Military CompaniesPrivate Military Companies

4.4. Non-statutory forcesNon-statutory forces

5.5. MercenariesMercenaries

Private Security CompaniesPrivate Security CompaniesGuarding SectorGuarding Sector Protection & surveillanceProtection & surveillance Guarding factories, mines, shopping malls, etcGuarding factories, mines, shopping malls, etc Neighborhood patrol & “gated communities”Neighborhood patrol & “gated communities” Law & order in public placesLaw & order in public places

Security & surveillance SectorSecurity & surveillance Sector Installing and operating alarms, access control, Installing and operating alarms, access control,

protection, and quick reaction devicesprotection, and quick reaction devices Anti- & countersurveillance, undercover observAnti- & countersurveillance, undercover observ Sweeping and intrusion detection services Sweeping and intrusion detection services

Private Security CompaniesPrivate Security CompaniesInvestigation & risk management SectorInvestigation & risk management Sector Investigations: matrimonial disputes, labor Investigations: matrimonial disputes, labor

matters, vetting, witness services, supermarket matters, vetting, witness services, supermarket slip-ups, insurance and other fraud, etcslip-ups, insurance and other fraud, etc

Private and industrial espionage, intelligence Private and industrial espionage, intelligence collection, and counterintelligencecollection, and counterintelligence

Risk management consultingRisk management consulting

Crime prevention & correcting SectorCrime prevention & correcting Sector Kidnap and blackmail responseKidnap and blackmail response Prevention and detection of criminals and other Prevention and detection of criminals and other

wrongdoerswrongdoers Management of prisons and prisoner transportManagement of prisons and prisoner transport

Private Security CompaniesNot defined in international law

A registered civilian company that, for profit, specializes in providing contract commercial services to

domestic and foreign entities with the intent to protect personnel and humanitarian and industrial assets

within the rule of applicable domestic law

Defense ProducersDefense ProducersWeapons ProductionWeapons Production R&DR&D ProductionProduction Maintenance & Maintenance & repairsrepairs

Military AssistanceMilitary Assistance Military & weapons trainingMilitary & weapons training Information Warfare and PSYOPsInformation Warfare and PSYOPs Export of weapons, equipment and Export of weapons, equipment and

componentscomponents

Private Military CompaniesPrivate Military CompaniesConsultingConsulting Threat analysis, strategy development, adviceThreat analysis, strategy development, advice Restructuring of Ministry of Defense and Armed ForcesRestructuring of Ministry of Defense and Armed Forces

Logistics and SupportLogistics and Support Logistics in emergencies, war and conflictLogistics in emergencies, war and conflict Mine clearing, refugee camps, infrastructure, Mine clearing, refugee camps, infrastructure,

demobilization & reintegrationdemobilization & reintegration Management of military bases, transportsManagement of military bases, transports

Technical Services, Maintenance and RepairsTechnical Services, Maintenance and Repairs Tech services, air control, intelligence, IT servicesTech services, air control, intelligence, IT services Weapons maintenance and repairWeapons maintenance and repair

Private Military CompaniesPrivate Military CompaniesTrainingTraining Military, weapons, Special Forces, languages, Military, weapons, Special Forces, languages,

Information warfare and PSYOPs trainingInformation warfare and PSYOPs training

Peacekeeping and Humanitarian Peacekeeping and Humanitarian AssistanceAssistance

Logistics for peacekeepingLogistics for peacekeeping Disarmament, mine demining, explosive Disarmament, mine demining, explosive

disposal, weapons collection and destructiondisposal, weapons collection and destruction Protection of convoys, refugees, humanitarian Protection of convoys, refugees, humanitarian

aid organizations, and VIPsaid organizations, and VIPs

Combat ForcesCombat Forces

Private Military Companies

Not defined in international law

A registered civilian company that, for a profit, specializes in the provision of

contract military training (instruction and simulation programs), military support

operations (logistic support), operational capabilities (special forces advisors, C4IRS) and/or military equipment to

legitimate domestic and foreign entities

MPRIAreas where MPRI provides outstanding capabilities include, but are not

limited to: • Training and Education

• Professional Development Programs

• Programming, Budgeting, and Strategic Planning

• War Gaming, Modeling and Operation of Simulation Centers

• Development and Operation of Combat Training Centers

• Corporate Staff Training

• Strategic Business Solutions

• Force Development and Management

• Organizational Assessments Design and Structuring

• Democracy Transition Assistance Programs

• New Equipment Integration and Training

• Evaluations and Assessments

• Logistics Planning, Management and Installation Operations

• Doctrine Development

• Peacekeeping and Humanitarian Aid

• Anti-Terrorism/Force Protection

• Law Enforcement Expertise

• Investigations

• Consequence Management

Non-statutory forcesNon-statutory forcesRebelsRebels Combat Combat TerrorismTerrorism

WarlordsWarlords Combat & terrorism Combat & terrorism Marketing and outsourcing of violenceMarketing and outsourcing of violence

Organized CrimeOrganized Crime Criminal acts for economic gainCriminal acts for economic gain

MercenariesMercenariesType of activityType of activity: :

Infantry-type combatInfantry-type combat

Legal statusLegal status: :

Illegal, occasionally government-requestedIllegal, occasionally government-requested

Main usersMain users: :

Besieged governments, rebel groups and Besieged governments, rebel groups and insurgents, multinational corporationsinsurgents, multinational corporations

Main area of activityMain area of activity: :

War-torn societies, developing countries, War-torn societies, developing countries, ‘failed’ or ‘failing’ states‘failed’ or ‘failing’ states

What has already been done?What has already been done?International ConventionsInternational Conventions

1977 OAU Convention for the Elimination of Mercenarism in Africa1977 OAU Convention for the Elimination of Mercenarism in Africa

1977 Protocol 1 Additional to the Geneva Conventions1977 Protocol 1 Additional to the Geneva Conventions

1989 UN International Convention against the Recruitment, Use, 1989 UN International Convention against the Recruitment, Use, Financing, and Training of MercenariesFinancing, and Training of Mercenaries

The Establishment of the UN Rapporteur on MercenarismThe Establishment of the UN Rapporteur on Mercenarism

The EU Code of Conduct on Arms ExportsThe EU Code of Conduct on Arms Exports

The EU Commission has also adopted a Common Position on technical The EU Commission has also adopted a Common Position on technical assistance that accompanies arms sales not dealt with under the EU assistance that accompanies arms sales not dealt with under the EU CodeCode

National RegulationsNational Regulations

United StatesUnited States

South AfricaSouth Africa

EuropeEurope

The UK « Green Paper »The UK « Green Paper »

National Laws against MercenariesNational Laws against Mercenaries

International ConventionsInternational Conventions1977 OAU Convention for the Elimination of Mercenarism in Africa1977 OAU Convention for the Elimination of Mercenarism in Africa

Does not cover activities of PMCs and PSCsDoes not cover activities of PMCs and PSCs

Does not include corporate criminal responsibilityDoes not include corporate criminal responsibility

Applicability limited to member states within the OAUApplicability limited to member states within the OAU

No real enforcement mechanism No real enforcement mechanism

1977 Protocol 1 Additional to the Geneva Conventions1977 Protocol 1 Additional to the Geneva Conventions

Does not encompass the evolution of PMCs and PSCsDoes not encompass the evolution of PMCs and PSCs

Definition is unworkableDefinition is unworkable

1989 UN International Convention against the Recruitment, Use, 1989 UN International Convention against the Recruitment, Use, Financing, and Training of MercenariesFinancing, and Training of Mercenaries

Does not impose total ban on mercenarism; only prohibits those Does not impose total ban on mercenarism; only prohibits those activities aimed at overthrowing or undermining the constitutional order activities aimed at overthrowing or undermining the constitutional order

and territorial integrity of statesand territorial integrity of states

Repeats and reinforces deficiencies of the Additional ProtocolRepeats and reinforces deficiencies of the Additional Protocol

No monitoring or enforcement mechanismNo monitoring or enforcement mechanism

Does not go far enough to curtail or regulate activities of PMCs and PSCsDoes not go far enough to curtail or regulate activities of PMCs and PSCs

The EU Code of Conduct on Arms ExportsThe EU Code of Conduct on Arms ExportsAdopted in May 1998, only politically - not legally binding treatyAdopted in May 1998, only politically - not legally binding treaty

Requires EU Member States to use one or more of 8 criteria to Requires EU Member States to use one or more of 8 criteria to consider, on a case by case basis, requests for exports of military consider, on a case by case basis, requests for exports of military equipment, including small arms and light weapons, and dual use equipment, including small arms and light weapons, and dual use equipmentequipment

8 criteria8 criteria: : international commitments, human rights, internal conflict, international commitments, human rights, internal conflict, regional peace and security, defense and national security, terrorism and regional peace and security, defense and national security, terrorism and international law, diversion, and sustainable developmentinternational law, diversion, and sustainable development

Most important developments:Most important developments: Annual Consolidated EU Report on export licenses granted Annual Consolidated EU Report on export licenses granted Users Guide to the EU Code, clarifying responsibilities Users Guide to the EU Code, clarifying responsibilities Database of EU government license denialsDatabase of EU government license denials Harmonizing end-use certification processHarmonizing end-use certification process Common position on arms brokeringCommon position on arms brokering Agreement of an updated military listAgreement of an updated military list

No legislation to control and monitor activities PMCs & PSCsNo legislation to control and monitor activities PMCs & PSCs

United StatesUnited StatesUS Arms Export Control Act of 1968US Arms Export Control Act of 1968

Regulates both arms brokering and export of military servicesRegulates both arms brokering and export of military services

US companies offering military advice and services to foreign US companies offering military advice and services to foreign nationals in the US or overseas are required to register with, and nationals in the US or overseas are required to register with, and obtain license from, the US State Department under the obtain license from, the US State Department under the International Transfer of Arms Regulations (ITAR),International Transfer of Arms Regulations (ITAR), implementing the implementing the Arms Export Control ActArms Export Control Act

US administration must give Congress advance notice of sales US administration must give Congress advance notice of sales valued at $50 million or more. valued at $50 million or more.

PMCs & PSCs can also sell their services abroad through the US PMCs & PSCs can also sell their services abroad through the US Department of Defense Department of Defense Foreign Military Sales (FMS) programForeign Military Sales (FMS) program, which , which does not require any licensing by the US State Department. Under does not require any licensing by the US State Department. Under FMS, the Pentagon pays the contractor for services offered to a FMS, the Pentagon pays the contractor for services offered to a foreign government, which in turn reimburses the Pentagonforeign government, which in turn reimburses the Pentagon

The The US Federal Criminal StatuteUS Federal Criminal Statute prohibits US citizens from enlisting prohibits US citizens from enlisting or from recruiting others from within the US to serve a foreign or from recruiting others from within the US to serve a foreign government or party to a conflict with a foreign government with government or party to a conflict with a foreign government with which the US is at peacewhich the US is at peace

US domestic private security industryUS domestic private security industry

No federal laws governing the No federal laws governing the domestic domestic private security industryprivate security industry

State laws remain spottyState laws remain spotty

16 States require no background checks16 States require no background checks

In 30 States no training is required, In 30 States no training is required, while in while in the others 1 to 48 hours are the others 1 to 48 hours are mandatorymandatory

In 22 States, PSCs do not have to beIn 22 States, PSCs do not have to be licensedlicensed

South AfricaSouth Africa

South African Regulation of Foreign Military Assistance Act South African Regulation of Foreign Military Assistance Act (FMA) of 1998(FMA) of 1998

No person within South Africa or elsewhere may recruit, use or train No person within South Africa or elsewhere may recruit, use or train persons for, or finance or engage in mercenary activitypersons for, or finance or engage in mercenary activity

Any PMC based in South Africa is compelled to seek government Any PMC based in South Africa is compelled to seek government authorization for each contract it signs, whether the operation is authorization for each contract it signs, whether the operation is local or extraterritorial local or extraterritorial

Requests to supply assistance and all arms related materials are Requests to supply assistance and all arms related materials are scrutinized by the National Conventional Arms Control Committee scrutinized by the National Conventional Arms Control Committee (NCACC), chaired by a minister having no direct links with the (NCACC), chaired by a minister having no direct links with the defense industrydefense industry

In most cases, the Act’s application depends upon the existence of In most cases, the Act’s application depends upon the existence of armed conflict. The recipient must be party to the conflict. If the armed conflict. The recipient must be party to the conflict. If the recipient was a private company in need of security services for recipient was a private company in need of security services for legitimate concerns, the FMA would not applylegitimate concerns, the FMA would not apply

South Africa Security Industry Regulation South Africa Security Industry Regulation Bill of 2001Bill of 2001

Established Established Security Industry Regulatory Authority Security Industry Regulatory Authority to: to:

receive, consider, grant or reject applications for receive, consider, grant or reject applications for registration and renewal from security providers registration and renewal from security providers

regulate the PSC industry regulate the PSC industry

control security service providers control security service providers

make quality assessments of training standardsmake quality assessments of training standards

prevent exploitation of PSC employees prevent exploitation of PSC employees

All companies and individuals engaged in any security All companies and individuals engaged in any security service must register, or are liable for prosecutionservice must register, or are liable for prosecution

Equally, all domestic manufacturers, distributors, and Equally, all domestic manufacturers, distributors, and importers of security equipment must registerimporters of security equipment must register

European national legislation applicable to European national legislation applicable to PMCs & PSCsPMCs & PSCs

Varies throughout EUVaries throughout EU

No harmonized or overarching EU administrative No harmonized or overarching EU administrative framework or criteriaframework or criteria

PMCs & PSCs have potential to carry out directly, or PMCs & PSCs have potential to carry out directly, or to facilitate, human rights abuses by non-state and to facilitate, human rights abuses by non-state and state actors in the recipient countrystate actors in the recipient country

If this risk is to be minimized, it is vital that those If this risk is to be minimized, it is vital that those companies operating within the rule of law are properly companies operating within the rule of law are properly registered, and that international transfers of such registered, and that international transfers of such services are subject to stringent export controls based services are subject to stringent export controls based upon international human rights and international upon international human rights and international humanitarian lawhumanitarian law

European Confederation of Security ServicesEuropean Confederation of Security Services CoESS European regional organization of the CoESS European regional organization of the Union Network International UNI-EuropeUnion Network International UNI-Europe

CoESSCoESS set up in 1989, represents almost 10,000 PSCs in set up in 1989, represents almost 10,000 PSCs in 14 European countries. The members are the national 14 European countries. The members are the national organizations of PSCsorganizations of PSCs

Objectives: Objectives: Defend interests of member organizationsDefend interests of member organizations Contribute to harmonization of national lawsContribute to harmonization of national laws Carry out economic, commercial, legal and social Carry out economic, commercial, legal and social

studiesstudies Collect and disseminate information on the Collect and disseminate information on the

objectives objectives fixedfixed Implement its European policy through frequent Implement its European policy through frequent

contacts with EU Commission contacts with EU Commission Hold social dialogue with UNI-Europe, its trade Hold social dialogue with UNI-Europe, its trade

union union counterpartcounterpart

European Confederation of Security ServicesEuropean Confederation of Security ServicesEuropean regional organization of the Union Network European regional organization of the Union Network

International - UNI-EuropeInternational - UNI-Europe

In the European PSC sector, In the European PSC sector, UNI-EuropeUNI-Europe represents some 30 trade unions & 200,000 represents some 30 trade unions & 200,000 membersmembers

Priorities of UNI-Europe in the PSC sector:Priorities of UNI-Europe in the PSC sector: Development of the training of workersDevelopment of the training of workers Improvement of health and safety Improvement of health and safety standards standards

and career opportunitiesand career opportunities Definition of decent social standards in all Definition of decent social standards in all

European countriesEuropean countries Development of negotiation at all levels on Development of negotiation at all levels on

all questions related to the modernization of all questions related to the modernization of organization of workorganization of work

What must be regulatedWhat must be regulated??

Licensing system for PMCs & PSCsLicensing system for PMCs & PSCs

Prohibition of certain activitiesProhibition of certain activities

Definition of basic minimum requirements in Definition of basic minimum requirements in terms of training, preparation, and behaviorterms of training, preparation, and behavior

Vetting and screening of personnel and firmsVetting and screening of personnel and firms

Monitoring of activitiesMonitoring of activities

Parliamentary oversightParliamentary oversight

Rules to make contracting competitiveRules to make contracting competitive

Financing of regulation measuresFinancing of regulation measures

RegulationRegulationIf government proposes legislation to If government proposes legislation to Parliament, it will wish to secure the following Parliament, it will wish to secure the following objectives:objectives:

Satisfy pressure for regulation of PMC & PSC Satisfy pressure for regulation of PMC & PSC activitiesactivities

Ensure national and international legal Ensure national and international legal compliance by the nation’s PMCs & PSCscompliance by the nation’s PMCs & PSCs

Increase government knowledge and Increase government knowledge and understanding of the nation’s PMCs & PSCsunderstanding of the nation’s PMCs & PSCs

Enable the national PMCs & PSCs to bid more Enable the national PMCs & PSCs to bid more easily for outsourced government businesseasily for outsourced government business

RegulationRegulationA wisely regulated environment for PMCs & A wisely regulated environment for PMCs & PSCs is likely to have the following additional PSCs is likely to have the following additional effects:effects:

Assist in growing global perceptions of the Assist in growing global perceptions of the legitimacy of national PMCs & PSCslegitimacy of national PMCs & PSCs

Attract new and diversifying PMCs & PSCs to Attract new and diversifying PMCs & PSCs to operate from the stateoperate from the state

Assist sector and PMC/PSC market share Assist sector and PMC/PSC market share growthgrowth

Deter PMCs & PSCs from operating offshoreDeter PMCs & PSCs from operating offshore

Licensing system for PMCs & PSCs

3-fold system of licensing:3-fold system of licensing:

Licensing the companyLicensing the company: for a range of : for a range of activities possible in a specified list of activities possible in a specified list of countriescountries

Licensing the service capabilitiesLicensing the service capabilities: : companies required to obtain license to companies required to obtain license to undertake contracts for services abroadundertake contracts for services abroad

Licensing or notification of individual Licensing or notification of individual contractcontract: companies required to notify a : companies required to notify a federal agency of each contract prior to federal agency of each contract prior to tendering/biddingtendering/bidding

Prohibition of certain PMC activitiesProhibition of certain PMC activities

Prohibition of activities involving:Prohibition of activities involving:

Mercenary operations and operations by Mercenary operations and operations by individualsindividuals

All combat servicesAll combat services

All direct combat support servicesAll direct combat support services

‘‘Core military’, ‘mission-critical’ or Core military’, ‘mission-critical’ or ‘emergency essential’ functions and services ‘emergency essential’ functions and services in zones of conflictin zones of conflict

All arms brokeringAll arms brokering

All All dual-use goods and NBC proliferationdual-use goods and NBC proliferation

PSCs and activitiesPSCs and activitiesPSCs should not be armed (except: transport PSCs should not be armed (except: transport of money & valuables, VIP protection)of money & valuables, VIP protection)

Uniformly clad, but cloths must be clearly Uniformly clad, but cloths must be clearly distinguishable from Police uniformsdistinguishable from Police uniforms

No outsourcing of ‘monopoly of force’ and No outsourcing of ‘monopoly of force’ and ‘core’ Police missions (no powers of arrest, no ‘core’ Police missions (no powers of arrest, no criminal investigation, etc)criminal investigation, etc)

Only ‘subsidiary’ engagements as legally Only ‘subsidiary’ engagements as legally ordered by state or communal authoritiesordered by state or communal authorities

Clear coordinated and defined cooperation in Clear coordinated and defined cooperation in case of mass events, games, rally case of mass events, games, rally

State criteria by which PMC license State criteria by which PMC license applications will be assessedapplications will be assessed

Criteria based on whether activities would Criteria based on whether activities would inter aliainter alia::

Jeopardize public security and law & orderJeopardize public security and law & order

Undermine economic developmentUndermine economic development

Enhance instability and human sufferingEnhance instability and human suffering

Augment threat perception in neighboring Augment threat perception in neighboring countriescountries

Contribute or provoke internal intervention or Contribute or provoke internal intervention or external aggressionexternal aggression

Violate international embargoesViolate international embargoes

More sensitive PMC activities More sensitive PMC activities requiring licensingrequiring licensing

Strategic and military advice and trainingStrategic and military advice and training

Arms procurementArms procurement

Intelligence collection & Intelligence collection & counterintelligencecounterintelligence

Security and crime prevention servicesSecurity and crime prevention services

Interrogation Interrogation

Logistics supportLogistics support

Defining minimum requirementsDefining minimum requirementsForFor transparencytransparency::

OwnershipOwnership

Shareholding and financing arrangementsShareholding and financing arrangements

Declaration of Board Members and Declaration of Board Members and responsibilitiesresponsibilities

Identification of headquartersIdentification of headquarters

Corporate or firm structure with divisional Corporate or firm structure with divisional activitiesactivities

Joint ventures and partnersJoint ventures and partners

Subsidiary & subcontractor ownership and Subsidiary & subcontractor ownership and interestsinterests

Contracts for outsourced services and clientsContracts for outsourced services and clients

Defining minimum requirementsDefining minimum requirements

ForFor accountabilityaccountability::

Qualification of Board of Directors, Qualification of Board of Directors, corporate or firm leadership and duties corporate or firm leadership and duties of public disclosureof public disclosure

Capacities and means for recruitment of Capacities and means for recruitment of personnel, preparation of operations personnel, preparation of operations and provision of adequate trainingand provision of adequate training

Enforceable performance standardsEnforceable performance standards

Code of ConductCode of Conduct

Defining minimum requirementsDefining minimum requirements

For employmentFor employment –– recruitment, qualification, recruitment, qualification, preparation, training and conduct of personnel:preparation, training and conduct of personnel:

No criminal recordNo criminal record

No human rights violations No human rights violations

No violation of International Humanitarian LawNo violation of International Humanitarian Law

No dishonorable discharge from the Armed No dishonorable discharge from the Armed Forces, etc Forces, etc

Personnel must be acquainted with human Personnel must be acquainted with human rights law, International Humanitarian Law, and rights law, International Humanitarian Law, and gender issues, etcgender issues, etc

Screening & vetting of firms and Screening & vetting of firms and personnelpersonnel

Government should either provide Government should either provide screeningscreening and and vettingvetting for PMC/PSC owners, CEOs and for PMC/PSC owners, CEOs and leadership, staff and employees, or establish leadership, staff and employees, or establish rules for the outsourcing of such processes to rules for the outsourcing of such processes to independent private organizationsindependent private organizations

Centralized databaseCentralized database should be established, should be established, and cooperative declarations signed by all and cooperative declarations signed by all parties involvedparties involved

Companies are required to keep Companies are required to keep register of register of staffstaff that can be reviewed periodically by that can be reviewed periodically by government inspectorsgovernment inspectors

MonitoringMonitoringMonitoring of activities of PMCs & PSCs Monitoring of activities of PMCs & PSCs must be establishedmust be established

PMC & PSC activities should also be PMC & PSC activities should also be monitored in ways comparable to monitored in ways comparable to application of arms exports, non-application of arms exports, non-proliferation, dual-use goods and general proliferation, dual-use goods and general export controlsexport controls

This helps to provide transparency and This helps to provide transparency and international standards of conduct for international standards of conduct for PMCs & PSCsPMCs & PSCs

Parliamentary oversightParliamentary oversight

Parliamentary oversight over outsourcing of Parliamentary oversight over outsourcing of PMC & PSC services delivered abroad and PMC & PSC services delivered abroad and contracted by the own or by foreign contracted by the own or by foreign governments or multinational corporationsgovernments or multinational corporations

Oversight must be subject to same reporting Oversight must be subject to same reporting requirements as is the case for arms export requirements as is the case for arms export licenses, non-proliferation, and dual-use licenses, non-proliferation, and dual-use goods export controlsgoods export controls

Parliament should be given powers to Parliament should be given powers to scrutinize more sensitive contracts before scrutinize more sensitive contracts before authorization is grantedauthorization is granted

Rules to make contracting process Rules to make contracting process competitive and monitoredcompetitive and monitored

No ‘sole-source’ contractingNo ‘sole-source’ contracting

No ‘no-bid’ contractingNo ‘no-bid’ contracting

No ‘cost-plus’ contractingNo ‘cost-plus’ contracting

‘‘Indefinite delivery/indefinite quantity’ Indefinite delivery/indefinite quantity’ contracting questionablecontracting questionable

Excluding ‘revolving door’ practices = prohibit Excluding ‘revolving door’ practices = prohibit government employees from regulating or government employees from regulating or contracting private sector firms that formerly contracting private sector firms that formerly employed thememployed them

Securing the financing of Securing the financing of regulation measuresregulation measures

Private military and security industry Private military and security industry should participate in the financing by:should participate in the financing by:

Fee for registrationFee for registration

Fee for contract licensing & renewalFee for contract licensing & renewal

Fee for each inspectionFee for each inspection

Payment of annual or monthly fees per Payment of annual or monthly fees per company and per registered employeecompany and per registered employee

Longer-term efforts to set basis for Longer-term efforts to set basis for international regulationinternational regulation

Update and amend existing international Update and amend existing international conventions to include PMC & PSC conventions to include PMC & PSC activities, issues of transparency, activities, issues of transparency, accountability of firms and accountability accountability of firms and accountability of employeesof employees

New and expanded role for UN New and expanded role for UN Rapporteur for Mercenaries that could Rapporteur for Mercenaries that could improve monitoring of PMC & PSC improve monitoring of PMC & PSC activities activities

Database of vetted firmsDatabase of vetted firms

UN should set up database of vetted firms UN should set up database of vetted firms available for hire. The model is the UN available for hire. The model is the UN Register of Conventional Arms, which Register of Conventional Arms, which compiles declarations by both importers compiles declarations by both importers and exporters of conventional arms and exporters of conventional arms

Register should contain declarations by Register should contain declarations by the importers, the states or groups the importers, the states or groups employing PMCs & PSCs, and the employing PMCs & PSCs, and the exporters – the firms themselvesexporters – the firms themselves

21st Century:

“War is far too important to be left to CEOs of an unregulated private military and security industry”