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Art. 3 Competent authority
The competent authority is the State Secretariat of the Federal Department of Foreign Affairs (State Secretariat FDFA)12. 12 The name of the administrative unit was modified on 1 Jan. 2021 in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1). This modification has been made throughout the text.
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Art. 4 Content of the declaration requirement
The declaration requirement covers: - a.
- with regard to the intended activity:
- 1.
- the nature of the service under Article 4 letters a and b PSSA,
- 2.
- the weapons and other means used to provide the private security service,
- 3.
- the extent and duration of the operation and the number of persons deployed,
- 4.
- the place where the activity is carried out,
- 5.
- the special risks that the activity entails;
- b.
- with regard to the company:
- 1.
- the company name, registered office and legal form as well as, if available, an extract from the commercial register,
- 2.
- the objects, areas of business, areas of operation abroad and main categories of clients,
- 3.
- proof of accession to the Code of Conduct,
- 4.
- the name, first name, date of birth, nationality and certificate of residence of the members of the management and the supervisory bodies,
- 5.
- the measures taken for the basic and advanced training of personnel,
- 6.
- the internal control system for personnel;
- c.
- with regard to the persons who carry out management duties within the company or on its behalf or who are permitted to carry a weapon in the course of their activities for the company:
- 1.
- the name, first name, date of birth, nationality and certificate of residence,
- 2.
- confirmation of good character,
- 3.
- the required authorisation under the relevant law for exporting, carrying and using weapons, weapons accessories and ammunition,
- 4.
- basic and advanced training in the fields of fundamental rights and humanitarian international law,
- 5.
- basic and advanced training in the use of weapons and aids as well as the use of force and other police measures.
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Art. 5 Requirement to report identity
The company shall inform the State Secretariat FDFA of the identity of the principal or the recipient of a service under Article 4 letters a and b PSSA if the person or entity concerned is: - a.
- a foreign state or its institutions;
- b.
- an international organisation or its institutions;
- c.
- a group that regards itself as the government or as a state institution, or its institutions;
- d.
- an organised armed group or its units participating in an armed conflict in terms of the Geneva Conventions13 and the Additional Protocols I and II14;
- e.
- a high representative of a foreign state or of an international organisation, a leader or a senior executive of a group under letters c and d, irrespective of whether the person concerns acts in the course of their duties or as a private individual.
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Art. 6 Declaration in the case of a private security service in standardised form
Where a company has declared a private security service under Article 4 letter a number 1 or 2 PSSA and intends to provide this service in standardised form to similar recipients subject to the same conditions, it shall report the conclusion of each new contract to the State Secretariat FDFA and state that the service agreed therein will be provided in standardised form.
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Art. 7 Declaration when continuing the same activity
Where a company intends to continue to carry on an activity that it has declared in same manner, and if the information provided under Article 4 is still correct, so the company shall confirm to the State Secretariat FDFA that the intended activity corresponds to the reported activity.
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Art. 8 Accelerated procedure
Where a private security service under Article 4 letter a sections 1–3 PSSA must be provided in an emergency situation, the State Secretariat FDFA shall notify the company if possible within two working days of receipt of the declaration of whether the review procedure will be initiated.
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Art. 8a Reporting obligation in connection with war materiel pursuant to the WMA or goods pursuant to the GCA 15
1 If a company exports war materiel pursuant to the WMA16 or goods pursuant to the GCA17 and if it subsequently carries out servicing, maintenance, or a repair in close connection therewith, the company is not obliged to report these activities provided the export would still be permitted at the time the activities are carried out. 2 If a company war exports materiel pursuant to the WMA or goods pursuant to the GCA and if it subsequently provides advice or training in close connection therewith relating to the servicing, maintenance, repair, development, manufacture or use of the materiel, the company is not obliged to report these activities provided the export would still be permitted at the time the activities are carried out. 3 If a company transfers intellectual property including knowhow or rights thereto pursuant to the WMA and if it subsequently provides advice or training in close connection therewith relating to servicing, maintenance, repair, development, manufacture or use, the company is not obliged to report these activities provided the transfer would still be permitted at the time the activities are carried out. 4 This Article does not apply if the activity constitutes operational support. 15 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323). 16 SR 514.51 17 SR 946.202
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Art. 8b Decision in the review procedure 18
1 The State Secretariat FDFA shall decide on whether to prohibit the reported activity in agreement with the State Secretariat for Economic Affairs (SECO) and the responsible body at the Federal Department of Defence, Civil Protection and Sport (DDPS) after consulting the Federal Intelligence Service. 2 If the State Secretariat FDFA, SECO and the responsible body at the DDPS are unable to reach an agreement or if they conclude that the reported activity is of considerable importance to foreign or security policy, the Federal Department of Foreign Affairs (FDFA) shall submit the matter to the Federal Council for a decision. 3 In cases of minor importance or in cases where there is a precedent for the decision, the authorities concerned may decide to dispense with joint consideration and authorise the State Secretariat FDFA to decide on its own. 18 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323).
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Art. 9 Withdrawal or exclusion from the ICoCA
1 Where a company withdraws from the ICoCA or if the ICoCA decides to exclude the company, the company shall immediately notify the State Secretariat FDFA of this and provide the reasons. 2 If the reasons for the company’s withdrawal or exclusion from the ICoCA do not fundamentally preclude its renewed accession, the State Secretariat FDFA shall request the company to take the measures required to join again within six months. 3 Where the company does not join the ICoCA again within the period specified in paragraph 2, the State Secretariat FDFA shall prohibit all or part of its activities.
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Art. 10 Assessment of fees
1 The fee is assessed on the basis of the time worked. 2 An hourly rate of 150–350 francs applies. The rate is based in particular on the seniority of the employee concerned. 3 Otherwise, the General Fees Ordinance of 8 September 200419 applies.
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