A/HRC/33/43 68. In New Zealand, any person who conducts a private security business without a licence is subject to a fine.92 The relevant act provides for specific responsibilities of licensees and certificate holders, including the requirement to wear an identification badge, the obligation to keep records, to allow access to those records by the police and the Complaint, Investigation and Prosecution Unit and to inform the licensing authority of any change to the licence/certificate holder’s name or residential address and of any ground for disqualification subsequent to the application. Failure to comply with any of these obligations would constitute a criminal offence. 93 Rules on the acquisition of weapons 69. In the United States, the Arms Export Control Act governs the export and import of specific defence-related articles and services, including private security company services,94 while the International Traffic in Arms Regulation requires that private military and security companies that do business abroad and that wish to ship and use certain weapons, protective equipment or electronics in connection with their business obtain export licences. In Australia, a range of laws ensure the implementation of the respective arms-related international treaties;95 these are further complemented by the Export Control Act 1982, which imposes strict requirements on companies and individuals wishing to export weapons. Finally, the Weapons of Mass Destruction (Prevention and Proliferation) Act 1995 requires a specific ministerial permit for the export of any goods or services to another country. Use of force and firearms 70. In the United States, with respect to situations in which force can be used, “contractor personnel shall not be authorized to possess or carry firearms or ammunition during applicable contingency operations,”96 except for cases “where the civil authority is either insufficient or illegitimate, and the commander determines it is in the interests of the Government to provide security, because the contractor cannot obtain effective private security services; such services are unavailable at a reasonable cost; or threat conditions necessitate security through military means”.97 71. United States law also specifies that contractor personnel accompanying the United States armed forces or/and in a designated operational area or supporting a diplomatic or consular mission outside the United States are authorized to use deadly force only in selfdefence98 and when such force reasonably appears necessary to execute their security mission to protect assets/persons.99 In addition, Department of Defense personnel shall use only the amount of force reasonably necessary to carry out their duties;100 force must be reasonable in intensity, duration and magnitude;101 and deadly force is justified only under 92 93 94 95 96 97 98 99 100 101 16 Private Security Personnel and Private Investigators Act 2010, section 23. Ibid., Part 3, sections 65-71. Arms Export Control Act, section 2778. Crimes (Biological Weapons) Act 197; Nuclear Non-Proliferation (Safeguards) Act 1987; Chemical Weapons (Prohibition) Act 1994. Department of Defense Instruction 3020.41, enclosure 2, section 3 (k). Ibid., section 4 (e). Code of Federal Regulations, title 48, chapter 2, section 252.225-7040 (2011 edition), section (b) (3) (i); Federal Acquisition Regulation 52.225-19, section (b) (ii) (B) (3) (i). Code of Federal Regulations, title 48, chapter 2, section 252.225-7040, section (b) (3) (ii); Federal Acquisition Regulation 52.225-19, section (b) (ii) (B) (3) (ii). Department of Defense Directive No. 5210.56 of 1 April 2011, enclosure 2, section 2 (a). Ibid., section (2) (b).