English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 10 Declaration requirement
1 Any company intending to carry out an activity under Article 2 paragraph 1 shall declare to the competent authority, in particular, the following information: a. the nature, provider, and place of performance of the intended activity; b. such details on the principal and on the recipient of the service as are necessary for an evaluation of the situation; c. the personnel to be deployed for the intended activities, and the training they have received; d. an overview of the business sectors in which the company is active; e. proof of accession to the Code of Conduct; f. the identity of all persons bearing responsibility for the company. 2 For companies under Article 2 paragraph 1 letter d, the declaration requirement applies both to the company’s own exercise of control and to the activities of the controlled company. 3 If any significant change in circumstances occurs subsequent to the declaration, the company shall notify the competent authority without delay. The competent authority
Para. 1 let. e — The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc-psp.org.
Art. 11 Requirement to refrain from activities
1 Until such time as the company has received from the competent authority notification or a decision pursuant to Articles 12–14, it shall refrain from carrying out the declared activities. 2 Where the competent authority initiates a review procedure pursuant to Article 13, it may, by way of exception, release the company from its duty to refrain from activities for the duration of the procedure, if there is overriding public or private interest in doing so.
Art. 12 Notification by the authority
The competent authority shall notify the company within fourteen days of receipt of the declaration as to whether the declared activity gives cause for initiating a review procedure at that time.
Art. 13 Review procedure
1 The competent authority shall initiate a review procedure where: a. there are indications to suggest that the declared activity could be in conflict with the aims set out in article 1; b. a significant change in the circumstances relating to a declared activity has occurred subsequent to notification pursuant to article 12; c. it becomes aware of the exercise of an activity that has not been declared; d. it becomes aware of a violation of Swiss law or of international law. 2 Where the competent authority becomes aware of the exercise of an activity that has not been declared, it shall inform the company of the initiation of a review procedure, and shall allow the company an opportunity to submit within ten days a statement in that regard. Article 11 paragraph 1 applies mutatis mutandis. 3 The competent authority shall consult with the authorities concerned. 4 It shall inform the company of the outcome of the review procedure within thirty days. This time limit may be extended as circ
Art. 14 Prohibition by the competent authority
1 The competent authority shall prohibit in full or in part any activity that is contrary to the aims set out in Article 1. In the case of the following activities, in particular, conformity with those aims is subject to thorough review: a. private security services provided to, persons or companies and to foreign institutions in crisis or conflict regions; b. private security services, or a service in connection therewith, that may be of service to institutions or persons in the commission of human rights violations; c. operational or logistical support for foreign armed or security forces; d. services in the domain of military expertise in connection with a private security service; e. private security services, or a service in connection therewith, that may be of service to terrorist groups or criminal organisations; f. the establishment, basing, operating, management, or control of a company that provides such services as set out under the foregoing letters a–e. 2 The competent aut
Para. 2 let. c — The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc-psp.org.
Art. 15 Exceptional authorisation
1 Where a manifest national interest clearly prevails, the Federal Council may by way of exception authorise an activity to which Articles 8 and 9 do not apply, but which would be subject to prohibition pursuant to Article 14. 2 The competent authority shall submit the case to the Federal Council for a ruling. 3 The Federal Council shall determine the necessary control measures.
Art. 16 Coordination
1 Where a matter falls within the scope of this Act as well as within that of the War Material Act of 13 December 1996, the Control of Goods Act of 13 December 1996, or the Embargo Act of 22 March 2002, the authorities concerned shall determine which authority coordinates the procedure. 2 That authority shall ensure that the procedure is conducted in as simple a manner as possible, and shall make certain that the company is informed of all results of the procedure within the statutory time limits.
Para. 1 — SR 514.51 Para. 1 — SR 946.202 Para. 1 — SR 946.231
Art. 17 Fees
1 The Federal Council shall regulate the charging of cost-covering fees for: a. the review procedure under Article 13; b. prohibitions issued under Article 14; c. control measures under Article 19. 2 For the rest, Article 46a of the Government and Administration Organisation Act of 21 March 1997 applies.
Para. 2 — SR 172.010