This Act contributes to:

A.

To safeguard the internal and external security of Switzerland;

B.

Achieving the objectives of Switzerland's foreign policy;

C.

Preserve Swiss neutrality;

D.

To ensure respect for international law, in particular human rights and international humanitarian law.

¹ This Act applies to corporations and partnerships (businesses) that carry out one of the following activities:

A.

Provide private security benefits abroad from Switzerland;

B.

Provide benefits in Switzerland in relation to a private security benefit provided abroad;

C.

Establish, establish, operate or direct in Switzerland a company which provides private security services abroad or which provides services in Switzerland or abroad in connection with them;

D.

Monitor from Switzerland a company that provides private security services abroad or provides services in Switzerland or abroad in connection with those services.

² This Act applies to persons who are in the service of a business subject to this Act.

³ The provisions of this Act relating to undertakings shall also apply to natural persons carrying out activities referred to in paras. 1 and 2.

⁴ This Act also applies to federal authorities that engage a business for the enforcement of protection duties abroad.

¹ This Law shall not apply to undertakings providing from Switzerland, within the territory which falls within the scope of the Agreement of 21 June 1999 between the Swiss Confederation on the one hand, and the European Community and its States On the other hand, on the free movement of persons ¹ Or the Convention of 4 January 1960 establishing the European Free Trade Association ² , one of the following types of private security benefits:

A.

Protection of persons;

B.

Custody and monitoring of assets and buildings;

C.

Order service during demonstrations.

² This Act does not apply to businesses engaged in any of the following activities:

A.

Provide in Switzerland a benefit in relation to the private security benefits referred to in para. 1;

B.

Establish, establish, operate or direct a business in Switzerland that provides benefits referred to in para. 1 or 2, let. A;

C.

Monitor from Switzerland a business that provides benefits under para. 1 or 2, let. A.

The term is:

A.

Private security benefit In particular the following activities carried out by a private enterprise:

1.

Protecting people in complex environments,

2.

Custody of property and buildings in complex environments,

3.

Order services at events,

4.

The control, retention or search of persons, the search of premises or containers, and the sequestration of objects,

5.

The custody, care and transport of prisoners, the operation of prisons and the provision of assistance in the management of prisoners of war camps or the internment of civilians,

6.

Operational or logistical support to armed or security forces, to the extent that it is not provided in the context of direct participation in hostilities within the meaning of s. 8,

7.

The operation and maintenance of weapons systems,

8.

The advice or training of personnel of the armed or security forces,

9.

Intelligence, espionage and counter-espionage activities;

B.

Performance in relation to a private security benefit:

1.

The recruitment or training of personnel for private security benefits abroad,

2.

Direct or indirect provision of staff in favour of a company offering private security benefits abroad;

C.

Direct participation in hostilities:

Direct participation in hostilities abroad in the context of armed conflict within the meaning of the Geneva Conventions ¹ And additional protocols I and II ² .

¹ A business is deemed to control another business under one of the following conditions:

A.

It has, directly or indirectly, the majority of votes in the supreme body;

B.

Directly or indirectly has the right to appoint or remove the majority of the members of the executive or administrative body;

C.

It may exercise a dominant influence by virtue of the statutes, the act of foundation, a contract or similar instruments.

² Where a business is a partnership, the partnership is deemed to be controlled if another business meets the following conditions:

A.

Is an associate indefinitely in charge of the controlled undertaking;

B.

It shall, as a limited partner, make available to the controlled undertaking more than one-third of its own funds;

C.

Makes available to the controlled undertaking or its associates indefinitely liable for repayable funds in excess of one-half of the difference between the total assets of the controlled undertaking and all debts Contracted to third parties.

¹ If a company subcontracts a private security benefit or a benefit in relation to a security benefit, it must ensure that the subcontractor operates within the limits that it itself would be required to respect.

² The liability of the undertaking for the damage caused by the subcontractor shall be governed by the code of obligations ¹ .

¹ Businesses referred to in s. 2, para. 1, 3 and 4, are required to adhere to the International Code of Conduct for Private Security Enterprises (Code of Conduct) as of 9 November 2010 ¹ .

² The department to which the competent authority is subordinate may decide that an amendment of the code of conduct shall apply to the facts governed by this Law insofar as such amendment does not contravene it.

¹ It is prohibited:

A.

Recruit or train personnel in Switzerland for direct participation in hostilities abroad;

B.

To make staff available to third parties directly or indirectly from Switzerland for direct participation in hostilities abroad;

C.

To establish, establish, exploit or direct in Switzerland a company which recruits or trains staff or puts staff at the direct or indirect disposal of third parties for direct participation in hostilities abroad;

D.

To control from Switzerland a company that recruits or trains personnel or puts staff at the direct or indirect disposal of third parties for direct participation in hostilities abroad.

² No person who has his or her domicile or habitual residence in Switzerland and who is serving a business subject to this Act shall be prohibited from participating directly in hostilities abroad.

It is prohibited:

A.

To provide from Switzerland a private security benefit or a benefit in relation to a security benefit which must be presumed to be used by the addressees within the framework of the Committee on Serious Violations of Human Rights;

B.

To establish, establish, exploit or direct in Switzerland a company which provides private security benefits or benefits in relation to security benefits which must be presumed to be used by the addressees in the Framework of the Committee on Serious Violations of Human Rights;

C.

To monitor from Switzerland a company which provides private security benefits or benefits in relation to security benefits which must be presumed to be used by the addressees in the framework of the Serious human rights violations.

¹ Any undertaking which intends to carry out one of the activities referred to in Art. 2, para. 1, shall declare it to the competent authority and provide, in particular, the following information:

A.

Nature of the proposed activity, supplier and place of delivery;

B.

Indications on the principal and the recipient of the benefit which are necessary for the assessment of the situation;

C.

Indications of staff involved in the implementation of the proposed activity and its training;

D.

An overview of the business lines of business;

E.

Attestation of adherence to the code of conduct ¹ ;

F.

Identity of all persons responsible for the business.

² The obligation of a business referred to in s. 2, para. 1, let. D, declare its activity relates to both its control activity and the activity of the controlled undertaking.

³ The undertaking shall notify the competent authority without delay of any significant change in the circumstances since the declaration of an activity. The competent authority shall inform the undertaking without delay if the activity concerned can be continued or not.

¹ The undertaking may not carry on the activity declared before it has obtained a communication or a decision of the competent authority in accordance with the procedure laid down in Art. 12 to 14.

² Where the competent authority opens an examination procedure within the meaning of Art. 13, it may exceptionally untie the undertaking of its obligation not to exercise its activity during the period of the proceedings, provided that the overriding public or private interest justifies it.

Within fourteen days of receipt of the declaration, the competent authority shall indicate to the undertaking whether or not the declared activity requires the initiation of a review procedure.

¹ The competent authority shall open a review procedure in the following cases:

A.

There is evidence that the activity reported may be contrary to the purposes set out in s. 1;

B.

The circumstances of a declared activity have substantially changed since its communication within the meaning of s. 12;

C.

Is aware of an activity that has not been declared;

D.

Is aware of a violation of Swiss law or of international law.

² If the competent authority learns that an activity has not been declared, it shall inform the undertaking of the initiation of a review procedure and invite it to take a position within ten days. Art. 11, para. 1, shall apply mutatis mutandis.

³ The competent authority shall consult the authorities concerned.

⁴ It shall inform the undertaking of the outcome of the examination procedure within 30 days. This period may be extended if necessary.

¹ The competent authority shall prohibit all or part of an activity if it is contrary to the aims set out in Art. 1. Special consideration should be given to whether the following activities are consistent with these goals:

A.

Provision in a crisis or conflict area of a private security benefit to a foreign body, person or corporation;

B.

Provision to organs or persons of a provision of private security or a benefit in relation to a security benefit that may be useful to the commission of human rights violations;

C.

Operational or logistical support to foreign armed forces or security forces;

D.

Provision of a benefit in relation to security benefits in respect of military skills;

E.

Provision of a private security or benefit in relation to a security benefit that may be of use to terrorist groups or to a criminal organization;

F.

Foundation, establishment, operation, direction or control of a business that provides one of the benefits referred to in the let. A to e.

² The competent authority shall prohibit all or part of an activity if the undertaking:

A.

Has committed serious violations of human rights in the past and has not taken sufficient measures to ensure that such violations do not recur;

B.

Hires staff who have not received adequate training in relation to the proposed activity;

C.

Does not comply with the code of conduct ¹ .

³ The competent authority shall not allow a company to subcontract a private security benefit or a benefit in relation to a security benefit where the subcontractor does not comply with the conditions laid down in Art. 6, para. 1.

¹ The Federal Council may exceptionally authorize an activity that does not fall within the scope of s. 8 or 9 but which should be prohibited under s. 14, where the best interest of the State clearly prevails.

² The competent authority shall submit these cases to the Federal Council.

³ It lays down control measures.

¹ Where a statement of fact falls within the scope of this Law and in that of the Federal Law of 13 December 1996 on War Material ¹ , of the Act of 13 December 1996 on the control of property ² Or the Law of 22 March 2002 on embargoes ³ , the authorities concerned shall determine the authority responsible for coordinating the procedures.

² The coordinating authority shall ensure that the procedures are carried out in a manner that is as simple as possible and takes the necessary measures to ensure that all results are communicated to the undertaking within the statutory deadlines.

¹ The Federal Council shall, in accordance with the principle of cost coverage, rule the collection of emoluments for:

A.

The examination procedure according to Art. 13;

B.

Prohibitions imposed under s. 14;

C.

Checks carried out in accordance with Art. 19.

² Art. 46 A The Act of 21 March 1997 on the organisation of government and administration ¹ Is applicable for the surplus.

The undertakings shall provide the competent authority with all the information and documents necessary to examine the activities referred to in this Law.

¹ If the undertaking seeks to influence the competent authority or does not comply with its obligation to cooperate and all attempts by the competent authority to obtain the necessary information and documents have remained In vain, the competent authority may, in the cases provided for in Art. 13, para. 1, perform the following controls:

A.

Inspection of premises without prior notice;

B.

Consultation of relevant documents;

C.

Hardware sequestration.

² For its control, the competent authority may appeal to other federal authorities as well as to the cantonal and communal police agencies.

The competent authority shall be empowered to treat, for the performance of its legal tasks, sensitive data relating to prosecution and criminal or administrative sanctions, as well as other personal data.

¹ Any person engaged in an activity in relation to a direct participation in hostilities or directly engaged in hostilities in violation of s. 8 is punishable by a custodial sentence of up to three years or a pecuniary penalty.

² Every person who carries out an activity in violation of s. 9 is punishable by a custodial sentence of up to three years or a pecuniary penalty.

³ The perpetrator is punishable under the Penal Code ¹ Or the Military Penal Code of 13 June 1927 ² If it commits a more serious offence under these codes.

Any person who acts in violation of a prohibition imposed under s. 14 shall be punished by deprivation of liberty of up to one year or of a pecuniary penalty.

¹ A person shall be punished with a custodial sentence of up to one year or of a pecuniary penalty if:

A.

Infringed s. 10 by failing to declare an activity;

B.

Exercises all or part of an activity in breach of the obligation under s. 11 or 39, para. 2.

² If the offence is negligent, the penalty is a financial penalty.

¹ A fine of up to 100 000 francs is imposed on anyone:

A.

Refuses to provide the information, documents or access to the premises provided for in s. 18 and 19, para. 1;

B.

Gives false indications.

² If the offence is committed negligently, the penalty is a fine of not more than 40 000 francs.

³ Attempt and complicity are punishable.

⁴ Criminal prosecution is prescribed for five years.

¹ Art. 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law (DPA) ¹ Applies to offences committed in undertakings.

² It is possible to waive the prosecution of the punishable persons and to order the company to pay the fine (art. 7 CCA) under the following conditions:

A.

The investigation would make it necessary for persons who are punishable under s. 6 CCA on education measures out of proportion to the penalty incurred;

B.

The fine entered into account for contraventions of this Act shall not exceed 20 000 francs.

¹ The competent authority may order, in accordance with the Federal Law of 11 April 1889 on the pursuit of debt and bankruptcy ¹ , the dissolution and liquidation of a corporation, a partnership or a limited partnership that carries on an activity in violation of a legal prohibition or a prohibition of the competent authority.

² Where the undertaking is an individual company, the competent authority may order the liquidation of its commercial assets and, where appropriate, the cancellation of the commercial register.

³ The competent authority may redeem the surplus resulting from the liquidation.

¹ Offences under this Act are subject to federal jurisdiction.

² The authorities responsible for carrying out this Law shall be obliged to report to the Public Prosecutor of the Confederation the offences which they have been aware of in the course of their duties.

¹ Federal and cantonal authorities shall communicate to the competent authority the information and personal data necessary for the implementation of this Law.

² The competent authority shall communicate to the following authorities the information and personal data necessary for the completion of their legal tasks:

A.

Federal and cantonal authorities responsible for carrying out this Act;

B.

Authorities responsible for the implementation of the Federal Act of 13 December 1996 on war material ¹ , the Act of 13 December 1996 on the control of property ² And the Law of 22 March 2002 on embargoes ³ ;

C.

Criminal authorities for the prosecution of crimes or offences;

D.

Federal and cantonal authorities responsible for internal security;

E.

Federal authorities responsible for foreign affairs and external security;

F.

Cantonal authorities responsible for the authorisation and control of private security benefits.

¹ The competent authority may require the foreign authorities to provide information and personal data necessary for the implementation of this Law. In order to obtain them, they may provide them with the following particulars:

A.

Nature of the activity, supplier, principal, consignee and place of delivery;

B.

Activities of the company offering private security benefits abroad and the identity of all the persons responsible for the company.

² If reciprocity is granted by the foreign state, the competent authority may disclose the data referred to in para. 1 provided that the foreign authority gives the following guarantees:

A.

The data will only be processed for purposes consistent with this Act;

B.

The data will be used in criminal proceedings only in accordance with the provisions on international mutual legal assistance.

¹ The Confederation may hire a company that provides private security benefits to carry out the following tasks abroad:

A.

Protection of persons;

B.

Custody and supervision of property and buildings.

² The federal authority that initiates a business (contracting authority) shall consult the competent authority referred to in s. 38, para. 2, and the Federal Department of Defence, Population and Sports Protection.

¹ Before entering into a business, the contracting authority shall ensure that the undertaking meets the following requirements:

A.

It provides the necessary guarantees for the recruitment, training and supervision of staff;

B.

Its reputation and irreproachable conduct of business are attested by its adherence to the code of conduct ¹ And its respect, as well as in particular by:

1.

Field experience,

2.

References, or

3.

Membership in a professional association;

C.

It is solvent;

D.

It has an adequate internal control mechanism which ensures that its staff meets the standards of conduct and is subject to disciplinary action in the event of non-compliance;

E.

It is authorised to carry out an activity in the field of private security in accordance with the applicable law;

F.

It has entered into civil liability insurance for an amount corresponding to the risk incurred.

² The contracting authority may exceptionally engage a company that has not entered into liability insurance under the following conditions:

A.

The conclusion of such insurance implies disproportionate costs for the undertaking;

B.

The risk to the Confederation to incur liability and the amount of possible damages to be paid are considered to be low.

¹ The Contracting Authority shall ensure that the personnel of the undertaking have received adequate training in relation to the task to be performed in the field of protection, as well as the applicable international and national law.

² In particular, training focuses on the following:

A.

Fundamental rights, protection of personality and right of procedure;

B.

Use of physical force and weapons in a situation of self-defence or necessity;

C.

Behaviour to be adopted with resistance or violent behaviour;

D.

First aid;

E.

Assessment of health damage resulting from the use of force;

F.

Fight against corruption.

³ The contracting authority may exceptionally engage a business that does not fully meet the requirements set out in paras. 1 and 2 where no undertaking meeting these requirements is available at the place of performance of the performance and the task of protection cannot be carried out otherwise.

⁴ The duration of a contract within the meaning of para. 3 is not more than six months. The contracting authority shall take steps to ensure that the undertaking meets the requirements set out in paras. 1 and 2 as soon as possible. It specifies these measures in the contract.

The Contracting Authority shall ensure that personnel are identifiable in the performance of their duties.

¹ Personnel are not in principle armed.

² Where the situation abroad exceptionally requires that personnel carry a weapon in order to react in a situation of self-defence or necessity, the contracting authority shall provide it in the contract.

³ The Contracting Authority shall ensure that staff have the necessary authorisations in accordance with the applicable law.

⁴ The arms legislation applicable to the place of performance of the task in respect of protection shall be reserved.

¹ Where the task of protection cannot be carried out otherwise, the Federal Council may exceptionally authorise the use of coercion and police measures within the meaning of the law of 20 March 2008 on the use of coercion ¹ , even outside a situation of self-defence or necessity.

² The Federal Council ensures that staff have received the necessary training.

³ The law applicable to the place of performance shall be reserved.

No person shall subcontract any of the tasks in respect of protection unless the Contracting Authority has prior written consent.

¹ The competent authority shall report annually on its activities to the Federal Council.

² The report is published.

¹ The Federal Council shall issue the implementing provisions, including:

A.

The procedures for the declaration procedure (Art. 10);

B.

The catalogue of sensitive data and the categories of personal data processed under Art. 20 and 28 and their shelf life;

C.

The contractual terms applicable to the undertaking of a business by a federal authority.

² The Federal Council shall determine the competent authority.

¹ Any activity which is to be declared under this Law and is in progress at the time of entry into force shall be declared to the competent authority within three months of that date.

² Where the competent authority opens a review procedure, it shall indicate to the undertaking whether the undertaking is provisionally not to exercise all or part of the activity declared.

³ Where the competent authority intends to prohibit an activity carried out at the time of entry into force of this Law and which the undertaking intends to pursue, it may grant the latter an appropriate period of time to comply with the legal provisions.

¹ This Law shall be subject to the referendum.

² The Federal Council shall fix the date of entry into force.