A/HRC/15/25 (n) Intergovernmental organization: shall mean an organization based on a formal instrument of agreement between the Governments of nation States, including three or more nation States as parties to the agreement and possessing a permanent secretariat performing ongoing tasks; (o) Committee: shall mean the Committee on Regulation, Oversight and Monitoring of PMSCs as established by this Convention; (p) Complaint: shall mean any complaint submitted by a State party to this Convention to the Committee on Regulation, Oversight and Monitoring of PMSCs; (q) Petition: shall mean a communication submitted by or on behalf of an individual or group to the Committee on Regulation, Oversight and Monitoring of PMSCs. Article 3 Scope of application 1. The present Convention applies to States and intergovernmental organizations within the limits of their competence with respect to PMSCs, their activities and personnel. 2. References to “States parties” in the present Convention shall apply to intergovernmental organizations within the limits of their competence. 3. The present Convention applies to all situations whether or not the situation is defined as an armed conflict. 4. In cases not covered by this Convention or by other international agreements, States parties remain bound by virtue of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience. Part II General principles Article 4 State responsibility vis-à-vis private military and security companies 1. Each State party bears responsibility for the military and security activities of PMSCs registered or operating in their jurisdiction, whether or not these entities are contracted by the State. 2. Each State party must ensure that the PMSCs it has contracted are trained in and respect international human rights and international humanitarian law. 3. No State party can delegate or outsource inherently State functions to PMSCs. 4. Each State party shall take such legislative and other measures as may be necessary to establish: (a) Procedures for contracting PMSCs, other legal entities and individuals, and subcontracting; (b) services; GE.10-15155 Licensing procedures for the export of military and security personnel and 23