A/HRC/36/47 II. Good practices 5. This section provides a summary of some of the good practices identified in various States. 6. Three of the six countries reviewed from the Commonwealth of Independent States have ratified the International Convention against the Recruitment, Use, Financing and Training of Mercenaries14 and all six have enacted criminal offences relating to mercenary activities.15 The laws of both Peru and South Africa also specifically prohibit mercenary activities.16 7. Regarding the scope of legislation, States vary on the definitions given to military and security services. Most States informed the Working Group that their laws only covered private security companies and not private military companies. South Africa has good model legislation that broadly defines a security service, 17 prohibits the export of military and security services,18 and applies extraterritorially.19 Any act that constitutes an offence under the applicable law and is committed outside South Africa is considered to have been committed in the country.20 8. The Swiss legislation is also progressive in relation to extraterritorial application, as it covers the activities of local private security companies, 21 and services provided by companies hired locally or abroad by the Government and by private security companies abroad.22 9. The legislation of the United States of America and of Australia is quite elaborate on extraterritoriality as well. The Military Extraterritorial Jurisdiction Act, of the United States, extends United States federal criminal jurisdiction to certain defence contractor personnel or contractors hired by other agencies who support the Department of Defense as regards criminal offences committed outside United States territory. 23 If a contractor in a designated operational area or supporting a diplomatic or consular mission is involved in conduct outside the United States that would constitute an offence punishable by imprisonment for more than one year, he or she may be potentially subject to the criminal jurisdiction of the United States of America. 24 In Australia, the contractors of the Department of Defence can be considered as “defence civilians”, and criminal acts abroad are covered by the applicable criminal law and prosecution can take place in Australian courts.25 As a result of the amendment of the Crimes (Overseas) Act 1964, criminal acts by private security or military contractors hired by government agencies other than the Department of Defence are covered by Australian criminal law. 26 The Crimes (Overseas) Act covers bodies corporate as much as individuals, which means that an Australian private 14 15 16 17 18 19 20 21 22 23 24 25 26 4 Of 4 December 1989. A total of six countries from the Commonwealth of Independent States were reviewed. Art. 114 of the Criminal Code of Azerbaijan, arts. 170 and 267 of the Criminal Code of Kazakhstan, arts. 229 and 375 of the Criminal Code of Kyrgyzstan, arts. 141, 151 and 152 of the Criminal Code of the Republic of Moldova, arts. 185, 195, 196, 401, 403 and 405 of the Criminal Code of Tajikistan, and arts. 97, 104, 105 (chap. 1 of sect. 1) and 154 of the Criminal Code of Uzbekistan. With regard to South Africa, see Act No. 27 of 2006 (Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act). Sect. 1 (1) of the Private Security Industry Regulation Act, 2001. See the Private Security Industry Regulation Act No. 56 of 2001, the Regulation of Foreign Military Assistance Act (No. 15 of 1998) and the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act (No. 27 of 2006). See the Private Security Industry Regulation Act, art. 39 (1). Ibid. Concordat on the Services of Private Security Companies of 2010. Decree on the Hiring of Private Security Companies of 2007. Military Extraterritorial Jurisdiction Act (18 U.S. Code, sects. 3261-3267). Military Extraterritorial Jurisdiction Act (18 U.S. Code, sects. 3261 et seq.), and 48 Code of Federal Regulations, chap. 1 (10-1-11 edition), 52.225-19, p. 210. Defence Force Discipline Act 1982, sects. 9 and 61. See sect. 3.