Private Security Services Act (PSSA)

• Indirect due diligence requirement: Covered companies are required to sign the «International Code of Conduct for Private Security Providers» which includes human rights due diligence, including with regard to personnel and subcontractors.

The PSSA governs the provision of private security services, which include the protection of persons, the guarding of property and buildings in complex environments, and security services at events. It includes prohibitions to contribute to serious violations of human rights or the participation in hostilities abroad.

• The PSSA aims at contributing to «guaranteeing compliance with international law and, in particular, of human rights and of international humanitarian law.»

• The PSSA applies to individuals, legal entities as well as partnerships that set up, establish, operate or manage companies providing such services in Switzerland, or exercise control over such companies from Switzerland.

• The definition of 'security services' in the PSSA also includes services supplied to armed and security forces, intelligence activities, and services relating to prisoners or detainees. The PSSA also applies to services provided in connection with private security services, i.e. training, recruitment, placement or the provision of staff for private security services abroad.

• includes subcontractors

• The Export Controls and Private Security Services Section (ECPS) must review the declarations that are submitted to it within 14 days and subsequently initiate a review procedure where there is evidence that the planned activities could be in conflict with the aims of the PSSA. If, following the consultation, the parties conclude that the declared activity is inconsistent with the aims of the PSSA, this activity must consequently be prohibited.

• Criminal Sanctions: There are several criminal sanctions such as for the direct participation in hostilities according to Art 8 PSSA or serious human rights violations according to Art. 9 PSSA which are both sanctioned with a custodial sentence up to three years or with a monetary penalty. Further sanctions are for offenses against the declaration requirement or the requirement to cooperate. Authorities can even dissolve non-compliant companies.