A/HRC/15/25
5.
States parties shall investigate reports of violations of international humanitarian law
and human rights norms by private military companies and private security companies and
ensure civil and criminal prosecution and punishment of offenders.
6.
States parties shall take appropriate action against companies that commit human
rights violations or engage in any criminal activity, inter alia by revoking their licences and
reporting to the Committee on the record of activities of these companies.
Article 14
Licensing
1.
Each State party shall take such legislative, judicial, administrative and other
measures as may be necessary to ensure that PMSCs and their personnel carry out their
activities exclusively under the respective licences and authorizations.
2.
Each State party shall ensure that all licences and authorizations issued to PMSCs
and their personnel shall be registered in the general Registry of the State and shall be
granted following a transparent and open procedure.
3.
Each State party shall establish criteria for granting licences and authorizations to
PMSCs, taking into account in particular any records or reports of human rights violations
committed by the companies, providing and/or ensuring training in international human
rights and humanitarian law and robust due diligence measures.
Article 15
Licensing import and export of military and security services
1.
Each State party shall take such legislative, judicial, administrative and other
measures as may be required to ensure that PMSCs and their personnel import and export
their services only under the appropriate licences and authorizations. The licence and
authorization for operations related to the export of military and security services shall be
issued by the relevant body of the State party in whose territory the entity concerned has its
permanent residence under the relevant domestic law.
2.
Each State party which imports or exports private military and security services shall
publicize their scope and activities, keep the Committee informed about its licensing regime
and provide regular and updated information on any changes and supplements to the import
or export of these services, including details of any subsidiaries or holding companies of the
PMSC in question.
3.
Each State party shall ensure that only those PMSCs and their personnel possessing
licences and authorizations on exporting military and/or security services issued by the
competent bodies of the State party can enter into agreements for providing such services in
the territory of the other State party.
4.
Each State party shall take such legislative, judicial, administrative and other
measures as may be necessary in order to:
(a)
Ensure that any State which is not party to the present Convention is
informed about the issuance of licences to PMSCs and their personnel to export military
and/or security services to this State;
(b)
Ensure that PMSCs and their personnel, holding valid licences and
authorizations, issued by the competent bodies of the State party to export military and/or
security services to carry out single acts or, alternatively, regular activity in the territory of
28
GE.10-15155
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