A/HRC/36/47 personnel performing private security functions in an area of combat operations. 36 The Department of Defense also supported the development of a business and management standard, 37 now an international standard (ISO 18788), for private security companies, known as PSC-1, which includes training and accountability measures. Companies must implement the standard in order to compete for contracts. 38 Australia and New Zealand have also recognized and supported ISO 18788. 14. With regard to prohibited activities, it is stated in the laws of Guatemala that the private security industry cannot assume functions that are the tasks of the Government. 39 The United States limits the outsourcing of “inherently governmental functions” to private military and security companies. Federal law40 and federal policy41 define the scope of those functions which only governmental personnel, and not contractor employees, may perform. According to both the federal law and the policy regulation, “contractors providing special non-law enforcement, security activities that do not directly involve criminal investigations, such as prisoner detention”,42 and “gathering information for or providing advice, opinions, recommendations or ideas to Federal Government officials”43 are not to be considered as inherently governmental functions. 15. Swiss law clearly prohibits direct participation in hostilities in an armed conflict abroad — including through the hiring, training and provision of security personnel for direct participation in hostilities abroad or the establishment, management or control of a company in Switzerland involved in such activities44 — and provides specific sanctions, including fines and imprisonment, for violations of that provision. The laws of Costa Rica and Mexico include human rights violations among the prohibited activities. 45 It is stated in Costa Rican regulations that under no circumstances may simple obedience be invoked as justification for or to claim impunity for torture or cruel, degrading or inhuman punishment.46 16. Regarding the involvement of law enforcement officers in the activities of private military and security companies, some States in South America prohibit active members of the police and armed forces (public officials too, in the Plurinational State of Bolivia), as well as (with the exception of Chile) former members of the police and the armed forces who have committed infractions or crimes, from undertaking private security activities. Australia and Nauru have similar laws, and the majority of francophone African States’ laws discourage private security companies from hiring former members of the military forces or the police as managers or employees. Some European countries, such as France 47 36 37 38 39 40 41 42 43 44 45 46 47 6 Ike Skelton National Defense Authorization Act for Fiscal Year 2011, Public Law 111-383; National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84; Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, Public Law 110-417; National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181. However, it needs to be noted that the National Defense Authorization Act is not a permanent piece of legislation, in that it is passed on an annual basis and can therefore change from year to year. American National Standards Institute, Management System for Quality of Private Security Company Operations: Requirements with Guidance, ANSI/ASIS PSC.1-2012, available from www.acq.osd.mil/log/ps/.psc.html/7_Management_System_for_Quality.pdf (now ISO 18788). Office of the Assistant Secretary of Defense for Logistics and Materiel Readiness, “Private security companies”, available from www.acq.osd.mil/log/ps/psc.html. Act No. 51/2010, art. 59. Federal Activities Inventory Reform Act of 1998, Public Law 105-270, p. 112, Stat. 2382, and Federal Acquisition Regulation of 2005. Office of Management and Budget, circular A-76, and Office of Federal Procurement Policy, policy letter 11-01. Federal Acquisition Regulation, sect. (d) (19); and Office of Federal Procurement Policy, policy letter 11-01, appendix B, sect. 9. Office of Federal Procurement Policy policy letter 11-01, part 3, definitions (b) (1). Federal Act on Private Security Services Provided Abroad, of 2013, art. 8. The Costa Rican regulation regarding private security services, No. 8395/2003, and regulation No. 33128-SP/2006; and the Mexican federal law on private security, of 2006, art. 32 (X). Regulation No. 33128, art. 29 (3). Law No. 83-629, arts. 10, 11-3 and 11-7.