A/HRC/15/25
(b)
Military services: refers to specialized services related to military actions
including strategic planning, intelligence, investigation, land, sea or air reconnaissance,
flight operations of any type, manned or unmanned, satellite surveillance, any kind of
knowledge transfer with military applications, material and technical support to armed
forces and other related activities;
(c)
Security services: refers to armed guarding or protection of buildings,
installations, property and people, any kind of knowledge transfer with security and
policing applications, development and implementation of informational security measures
and other related activities;
(d)
Licence (authorization, permit): refers to a special document authorizing
specified activities under the strict observance of licensing terms and obligations, which is
issued by a licensing body to a legal entity or a physical person;
(e)
Licensing regime: refers to a regime of measures related to the issuing of a
licence, redrafting documents, confirming licence, suspension of licence on grounds of
violation of obligations and provisions of the licence, cessation or resumption of licence,
withdrawal of licence, control of licensing bodies over the observance of obligations and
terms of licence by licensees in their activities, introduction of licence registries as well as
an established form of provision of information from licence registries and other licensing
information by interested persons;
(f)
Licence registry: refers to the data pool related to the issuing of a licence,
redrafting documents, confirming licence, suspension or resumption of licence, and
withdrawal of licence; a licence registry must operate pursuant to written minimum
standards;
(g)
Export of military and/or security services: refers to the export of military
and/or security services from the home State in which a PMSC is registered or export of
military and/or security services which a PMSC provides outside the State in which it is
registered or where it has its principle place of management or headquarters;
(h)
Import of military and/or security services: refers to an import of military
and/or security services which a PMSC registered in a foreign State provides;
(i)
Inherently State functions: are functions which are consistent with the
principle of the State monopoly on the legitimate use of force and that a State cannot
outsource or delegate to PMSCs under any circumstances. Among such functions are direct
participation in hostilities, waging war and/or combat operations, taking prisoners, lawmaking, espionage, intelligence, knowledge transfer with military, security and policing
application, use of and other activities related to weapons of mass destruction and police
powers, especially the powers of arrest or detention including the interrogation of detainees
and other functions that a State party considers to be inherently State functions;
(j)
Contracting States: are States that directly contract with PMSCs for their
services, including, as appropriate, where such a company subcontracts with another PMSC
or where a PMSC operates through its subsidiary companies;
(k)
States of operations: are States in whose territory PMSCs operate;
(l)
Home States: are States of nationality of a PMSC, i.e. where a PMSC is
registered or incorporated; if the State where the PMSC is incorporated is not the one where
it has its principal place of management, the State where the company has its principal
place of management or headquarters is the home State;
(m) Third States: are States other than the contracting, home States or States of
operations whose nationals are employed to work for a PMSC;
22
GE.10-15155
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