A/HRC/45/9/Add.1 2019, an interdepartmental working group assessed the two legislative frameworks and proposed solutions to improve harmonization. On this basis, in February 2020, the Federal Council instructed relevant ministries to submit amendments to the Ordinance on Private Security Services Provided Abroad for consideration by the Federal Council later this year. One of the proposals under consideration includes the possibility for the Federal Council to have the final say in cases where “the authorities have differing views or the arrangements concerned have far-reaching political implications”.28 There is a risk now that the current wide scope of application of the Act may be narrowed should some stakeholders seek to strip the Act of one of its key strengths – namely, capturing a wide array of activities that risk leading to human rights abuses and/or violations of international humanitarian law. 50. With regard to implications of the Act on business activity in Switzerland, the Working Group heard from a company whose activities fell within the scope of the Act. The company representative informed the Working Group that, from its perspective, the Act and the related regulation provided transparent and clear rules for the provision of security services abroad. The company stated that complying with the regulation involved considerable initial workload but could subsequently be managed efficiently and routinely. The Act and related regulation had also spurred the company to seek membership of the International Code of Conduct Association, resulting in an overhaul of its management standards and a revision of its human rights policy. The Working Group was also informed that, following the adoption of the Act, some companies had reportedly come to Switzerland to demonstrate their compliance with standards encapsulated in the Act. Others had apparently decided to relocate elsewhere. 29 As a result, the Act may be considered to be an effective means of preventing companies providing services that contradict the aims of the Act from establishing themselves in Switzerland. 4. Swiss federal authorities contracting private security services abroad 51. Besides, the Act regulates the use of private security companies by federal authorities in “complex environments” abroad and defines the minimum requirements for the companies concerned (sect. 7). Requirements on the training of personnel (art. 32) go beyond the brief reference to training in the earlier part of the text (see para. 44). Here, mention is made in the Act itself of the need for, inter alia, training on fundamental rights, personal privacy rights, and the use of physical force and weapons. Moreover, only member companies of the International Code of Conduct Association may be contracted by federal authorities in “complex environments”. 52. These requirements apply to Swiss representations abroad that contract private security services for protection tasks in “complex environments”. For contracts in other contexts, similar rules apply on the basis of the Ordinance on the Use of Private Security Companies by the Federal Government, but membership of the International Code of Conduct Association is not mandatory. The Federal Department of Foreign Affairs advises its representations abroad on procurement and contracts in compliance with the Act, although the large majority of contracts with private security providers are concluded locally. A publicly available model contract for Swiss federal authorities and private security providers provides transparent guidance on the prerequisites and obligations to be fulfilled by private security providers abroad. This includes clauses on training, nondiscrimination, identification of personnel, use of force and weapons, and liability for harm to third parties. The Code of Conduct for Contractual Partners of the Federal Department of Foreign Affairs is also an integral part of the contract. 30 53. The Working Group was informed that private armed protection services were used in a very limited number of high-risk areas, and that contracted private security personnel usually did not enjoy diplomatic privileges or immunities. In some cases, interest in 28 29 30 See www.admin.ch/gov/en/start/documentation/media-releases.msg-id-78076.html. See www.rts.ch/info/economie/5803567-l-entreprise-aegis-quitte-la-suisse-en-raison-du-changementde-legislation.html. See www.dfae.admin.ch/dam/eda/en/documents/dienstleistungen-publikationen/code-conductpartners_EN.pdf. 11