A/HRC/45/9/Add.1
law, including a component on the prohibition of human trafficking, sexual
exploitation/abuse and gender-based violence, and international humanitarian law). The
document also provides guidance on what should be understood as sufficient training in this
domain. The federal authorities regularly report on the implementation of the Act by
publishing annual reports, as required by article 37. This allows companies, the broader
public and other interested actors to keep abreast of activities, updates and statistics
pertaining to the implementation of the law.
45.
Nevertheless, implementation has its challenges. The Act is based on the premise
that companies will declare relevant activities, with the risk that some companies may not
do so. Notably, the law does not contain a monitoring mechanism, thus limiting the means
for detecting undeclared activities or ensuring that companies are complying with its
provisions. Limited human resources within the competent authority for implementing the
Act is also a considerable challenge.
46.
Overall, however, the competent federal authority has made tangible progress in
putting the Act into practice since it entered into force in 2015. The annual implementation
reports indicate a gradual increase in the number of declarations made regarding private
security services provided abroad, suggesting that companies are increasingly aware of
their obligation to comply with the law. In 2018, 24 companies made 479 declarations to
the federal authority,23 a large majority of which concerned the protection of persons and
the guarding or surveillance of goods and properties in “complex environments”. Services
for armed or security forces, such as operational or logistical support, and intelligence
activities, were among other sizeable services declared. About half of the declared activities
were concentrated in the Middle East and North Africa.
47.
The review procedure appears to be conducted for a small number of declared
activities. In 2018, 16 review procedures were launched for the 479 activities declared,
resulting in seven prohibitions, all related to operations involving armed or security forces,
with the remaining cases either pending or allowed to carry out the declared activity.
48.
The June 2019 decision of the competent authority to prohibit a company from
providing services in Saudi Arabia and the United Arab Emirates on the grounds that these
services were incompatible with the foreign policy objectives of Switzerland 24 received
significant attention and led some to question the scope of the Act. The company in
question exported military training airplanes, used by pilots who would go on to fly fighter
aircraft, 25 together with accompanying technical support services. While the export of
military equipment is regulated under the Federal Act on War Material and the Federal Act
on the Control of Dual-Use Goods, Specific Military Goods and Strategic Goods, related
services such as maintenance and training also fall under the scope of the Federal Act on
Private Security Services Provided Abroad, thus creating a certain overlap. Separate
regimes are in place for obtaining the necessary authorizations, and a coordination
mechanism is in place. In this case, the authorities found that the company had failed to
comply with its obligation to declare its activities abroad, and reported the incident to the
Office of the Attorney General, which reportedly dismissed the complaint. 26 Moreover, the
company decided to legally challenge the prohibition of its activities, the first time that a
business entity had contested a decision of the federal authorities implementing the Act. At
the time of writing, the case was pending before the Federal Administrative Court.
49.
Significantly, the case gave rise to questions about the implementation of the Act,
with some parliamentarians requesting the Government to review its interpretation of the
scope of the Act and to clarify the interplay with the federal regulation on arms exports.27 In
23
24
25
26
27
10
See www.eda.admin.ch/dam/eda/en/documents/aussenpolitik/sicherheitspolitik/taetigkeitsbericht2018_EN.pdf.
See www.admin.ch/gov/en/start/documentation/media-releases.msg-id-75587.html.
See www.pilatus-aircraft.com/en/fly/pc-21.
See https://www.rts.ch/info/suisse/10962257-pilatus-n-a-pas-viole-la-loi-suisse-avec-ses-activites-aumoyen-orient.html.
See www.parlament.ch/de/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20193991 and
www.parlament.ch/de/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20194297.
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