Section 1 General Provisions |
Art. 1 Aim
The aim of this Act is to contribute to:
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Art. 2 Scope of application
1 This Act applies to legal entities and business associations (companies) that engage in any of the following activities:
2 It applies to persons in the service of companies subject to the present Act. 3 The provisions of this Act pertaining to companies also apply to natural persons exercising the activities designated in paragraphs 1 and 2. 4 It also applies to federal authorities that contract with a company for the performance of protection tasks abroad. |
Art. 3 Exemptions from the scope of application
1 This Act does not apply to companies that provide, from Switzerland, in territories subject to the Agreement of 21 June 19993, between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other, on the Free Movement of Persons or subject to the Convention of 4 January 19604 establishing the European Free Trade Association, any of the following private security services:
2 It also does not apply to companies that:
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Art. 4 Definitions
In this Act:
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Art. 5 Control over a company
1 A company exercises control over another company if it:
2 Business associations are considered to be controlled if:
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Art. 6 Subcontracting
1 Where a company subcontracts the provision of a security service or of a service connected therewith to another company, it shall ensure that the other company performs that service in keeping with the constraints to which the subcontracting company is itself subject. 2 The liability of the subcontracting company for harm caused by the other company is determined in accordance with the Code of Obligations7. 7 SR 220 |
Art. 7 Accession to the International Code of Conduct for Private Security Service Providers
1 Companies subject to Article 2 paragraphs 1, 3 and 4 must become signatories to the International Code of Conduct for Private Security Providers, in the version dated 9 November 2010 (Code of Conduct)8. 2 The Federal Department to which the competent authority is subordinate may determine that an amendment to the Code of Conduct applies to matters governed by this Act, provided that such amendment is not contrary to the provisions of this Act. 8 The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.org |
Section 3 Procedure |
Art. 10 Declaration requirement
1 Any company intending to carry out an activity under Article 2 paragraph 1 shall declare to the competent authority, in particular, the following information:
2 For companies under Article 2 paragraph 1 letter d, the declaration requirement applies both to the company's own exercise of control and to the activities of the controlled company. 3 If any significant change in circumstances occurs subsequent to the declaration, the company shall notify the competent authority without delay. The competent authority shall inform the company forthwith as to whether it may continue to carry out the activity in question. 9 The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.org |
Art. 11 Requirement to refrain from activities
1 Until such time as the company has received from the competent authority notification or a decision pursuant to Articles 12–14, it shall refrain from carrying out the declared activities. 2 Where the competent authority initiates a review procedure pursuant to Article 13, it may, by way of exception, release the company from its duty to refrain from activities for the duration of the procedure, if there is overriding public or private interest in doing so. |
Art. 13 Review procedure
1 The competent authority shall initiate a review procedure where:
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Art. 14 Prohibition by the competent authority
1 The competent authority shall prohibit in full or in part any activity that is contrary to the aims set out in Article 1. In the case of the following activities, in particular, conformity with those aims is subject to thorough review:
2 The competent authority shall prohibit in full or in part the exercise of an activity by a company that:
10 The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.org |
Art. 15 Exceptional authorisation
1 Where a manifest national interest clearly prevails, the Federal Council may by way of exception authorise an activity to which Articles 8 and 9 do not apply, but which would be subject to prohibition pursuant to Article 14. 2 The competent authority shall submit the case to the Federal Council for a ruling. 3 The Federal Council shall determine the necessary control measures. |
Art. 16 Coordination
1 Where a matter falls within the scope of this Act as well as within that of the War Material Act of 13 December 199611, the Control of Goods Act of 13 December 199612, or the Embargo Act of 22 March 200213, the authorities concerned shall determine which authority coordinates the procedure. 2 That authority shall ensure that the procedure is conducted in as simple a manner as possible, and shall make certain that the company is informed of all results of the procedure within the statutory time limits. |
Art. 17 Fees
1 The Federal Council shall regulate the charging of cost-covering fees for:
2 For the rest, Article 46a of the Government and Administration Organisation Act of 21 March 199714 applies. 14 SR 172.010 |
Section 4 Oversight |
Art. 19 Oversight powers of the authority
1 Where a company attempts to influence the competent authority or fails to satisfy its requirement to cooperate, and where all efforts on the part of the competent authority to obtain the necessary information and documents remain fruitless, that authority may in the cases set out in Article 13 paragraph 1 take the following oversight measures:
2 The competent authority may to that end call on the assistance of other federal authorities as well as cantonal and communal police forces. |
Art. 2015
15 Repealed by Annex No II 2 of the FA of 18 Dec. 2020 on the Processing of Personal Data by the FDFA, with effect from 1 Dec. 2021 (AS 2021 650; BBl2020 1349). |
Section 5 Sanctions |
Art. 21 Offences against statutory prohibitions
1 Any person who, in contravention of Article 8, carries out an activity in connection with direct participation in hostilities, or who directly participates in hostilities, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who carries out an activity in contravention of Article 9 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 3 This provision does not preclude the prosecution of the person concerned under the Criminal Code16 or to the Military Criminal Code of 13 July 192717 for a more serious offence under those codes. |
Art. 23 Offences against the declaration requirement or the requirement to refrain from activities
1 Any person who:
is liable to a custodial sentence not exceeding one year, or to a fine. 2 Where the act has been committed through negligence, a monetary penalty is imposed. |
Art. 24 Offences against the requirement to cooperate
1 Any person who:
shall be liable to a fine not exceeding 100,00 francs. 2 Where the act has been committed through negligence, a fine not exceeding 40,000 francs is imposed. 3 Attempts and complicity are also offences. 4 The right to prosecute is limited to a period of five years. |
Art. 25 Offences within a business undertaking
1 Article 6 of the Federal Act of 22 March 197418 on Administrative Criminal Law (ACLA) applies to offences committed within a business undertaking. 2 Pursuant to Article 7 of ACLA, an investigation to identify the offenders may be dispensed with and the business undertaking may be ordered to pay the fine instead in cases in which:
18 SR 313.0 |
Art. 26 Dissolution and liquidation
1 Where the activity of a legal entity, or of a general or limited partnership, contravenes a statutory or official prohibition, the competent authority may order the dissolution and liquidation of the legal entity or partnership concerned in accordance with the Federal Act of 11 April 188919 on Debt Enforcement and Bankruptcy. 2 Where the business undertaking is a sole proprietorship, the competent authority may order the liquidation of the business assets and, as the case may be, deletion of the undertaking from the commercial register. 3 The competent authority may confiscate any surplus resulting from the liquidation. 19 SR 281.1 |
Art. 27 Jurisdiction and requirement to report
1 Offences under this Act are subject to federal jurisdiction. 2 The authorities competent for the implementation of this Act are subject to a requirement to report any infringements of which they obtain knowledge in the course of carrying out their official activities to the Office of the Attorney General of Switzerland. |
Section 6 Mutual Administrative Assistance |
Art. 28 Mutual administrative assistance within Switzerland
1 The public authorities of the Confederation and of the cantons shall provide the competent authority with the information and personal data required for the enforcement of this Act. 2 The competent authority shall disclose information and personal data to the following public authorities for the performance of their legal tasks:
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Art. 29 Mutual administrative assistance between Swiss and foreign authorities
1 The competent authority may request foreign authorities to provide information and personal data required for the enforcement of this Act. To this end, it may disclose to them, in particular, information concerning:
2 Where the foreign state grants reciprocity, the competent authority may disclose to it the information set out in paragraph 1, subject to the assurance from the foreign authority that the data:
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Section 7 Contracting of Security Companies by Federal Authorities |
Art. 30 Protection tasks
1 The Confederation is authorised to contract with companies that provide private security services for the performance of the following protection tasks abroad:
2 The federal authority that contracts with a company (contracting authority) shall consult with the competent authority under Article 38 paragraph 2 and with the Federal Department of Defence, Civil Protection, and Sport. |
Art. 31 Requirements with regard to the company
1 Prior to contracting with a company, the contracting authority shall ascertain that the company in question meets the following requirements:
2 The contracting authority may, by way of exception, contract with a company that does not possess liability insurance coverage, where:
23 The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.org |
Art. 32 Training of personnel
1 The contracting authority shall ascertain that the security personnel of the company have received adequate training, commensurate with the protection task assigned to them and in accordance with applicable international and national law. 2 Training shall cover, in particular, the following issues:
3 The contracting authority may, by way of exception, contract with a company that does not fully meet the requirements set out in paragraphs 1 and 2, on condition that there is no other company that meets those requirements at the place at which the service is to be provided and that the protection task cannot otherwise be accomplished. 4 In such a case, the maximum duration for which a contract may be concluded is six months. The contracting authority shall take measures to ensure that the company fulfils the requirements set out in paragraphs 1 and 2 within as short a time as possible. Such measures shall be stipulated in the contract. |
Art. 34 Arming of personnel
1 All personnel shall, as a general rule, be unarmed. 2 Where the situation abroad requires that any personnel, by way of exception, carry a weapon so as to be able to react in self-defence or in a situation of necessity, the contracting authority shall specify this in the contract. 3 The contracting authority shall ascertain that the personnel are in possession of the permits required under the applicable law. 4 The weapons legislation of the place at which the protection task is to be performed applies. |
Art. 35 Use of force and other police measures
1 Where it is possible to accomplish a protection task only through the use of force or other police measures as defined in the Use of Force Act of 20 March 200824, the Federal Council may grant permission to do so even in situations other than those of self-defence or of necessity. 2 The Federal Council shall make certain that the personnel have received the appropriate training. 3 The law at the place of deployment applies. 24 SR 364 |
Section 8 Reporting |
Section 9 Final Provisions |
Art. 38 Implementation provisions
1 The Federal Council shall enact provisions for the implementation of this Act. In particular, it shall determine:
2 It shall appoint the competent authority. 25 Amended by Annex No II 2 of the FA of 18 Dec. 2020 on the Processing of Personal Data by the FDFA, in force since 1 Dec. 2021 (AS 2021 650; BBl2020 1349). |
Art. 39 Transitional provision
1 Any activity subject to declaration under this Act, and which is being carried out at the time of the Act’s entry into force, must be declared to the competent authority within three months of the commencement date of this Act. 2 Where the competent authority initiates a review procedure, it shall inform the company as to whether it must provisionally refrain, in full or in part, from carrying out the declared activity. 3 Where the competent authority intends to prohibit an activity that is being carried out at the time of this Act’s entry into force, and which the company concerned plans to continue, the authority may grant the company a reasonable period of grace in order to achieve compliance with the statutory provisions. |
Art. 40 Referendum and
commencement. 1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement Date: 1 September 201526 26 FCD of 24 June 2015. |