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last updated 27-Mar-2016
 
 
 
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The United States, as the leading supplier of Private Military / Security Companies, contractors and personnel, has the most evolved regulatory mechanism governing the supply of defense articles and services. The framework was enhanced in the 2000s in reaction to the many controversies that surrounded contractor activity in Afghanistan and Iraq. In the 2010s, The U.S. endorsement of the Montreux Document guides a new impetus for 'voluntary' certification and self-regulation. CLICK HERE to return to the Frequently Consulted Documents page.
 
UNITED STATES
 
 

 

PRINCIPAL REGULATION

Arms Export Control Act (AECA). US Code, Title 22: Foreign Relations, Chapter 39: Arms Export Control. AECA provides the authority to control the export of defense articles and services > The U.S. President is the person authorized to exercise this authority > Executive Order 11958, as amended, delegated this statutory authority to the Secretary of State:

> TEXT (browsable site hosted by DOS)
> Or search for title 22 and the relevant sections at the United States Code website: http://uscode.house.gov/
Selected sections:
Section 2751 - The Need for International Defense Cooperation and Military Export Controls
Section 2753 - Eligibility
Section 2754 - Purposes for Which Military Sales by the United States Are Authorized
Section 2766 - Security Assistance Surveys
Section 2767 - Authority of President to Enter into Cooperative Projects with Friendly Foreign Countries
Section 2769 - Foreign Military Construction Sales
Section 2770a - Exchange of Training and Related Support
Section 2771 - Authorizations and Aggregate Ceiling on Foreign Military Sales Credits
Section 2778 - Control of Arms Exports and Imports
Section 2791 - General Provisions
 
~ The responsibility of the Department of State for the control of the export (permanent and temporary) and import (temporary) of defense articles and services, as delegated by the US President, is governed primarily by §2778 of AECA: Search for title 22 and section 2778 in the United States Code website: http://uscode.house.gov/
 

International Traffic in Arms Regulations (ITAR). Code of Federal Regulations, Title 22: Foreign Relations, Chapter I: Department of State, Subchapter M: International Traffic in Arms Regulations. ITAR articulates the requirements for the export of defense articles and services, and as a living document, it reflects periodic amendments: TEXT (browsable site hosted by DOS)

Some of the American firms this Act sanctions are found in the PMCs page

Military Extraterritorial Jurisdiction Act of 2000 (MEJA): US Code, Title 18: Crimes and Criminal Procedure, Chapter 212: Military Extraterritorial Jurisdiction, §§ 3261 - 3267. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States:

> Search for title 18 and sections 3261 - 3267 in the United States Code website: http://uscode.house.gov/
> TEXT (maintained by the Government Printing Office)
> Browsable site hosted by Cornell University: http://www.law.cornell.edu/uscode/text/18/part-II/chapter-212

- H.R. 2740: MEJA Expansion and Enforcement Act of 2007 (Durbin and Price Bill). The Bill 'provides that persons who, while employed under a federal agency contract in, or in close proximity to, an area where the Armed Forces are conducting a contingency operation, engage in conduct that would constitute an offense punishable by imprisonment for more than one year if engaged in within U.S. jurisdiction, shall be punished as provided for that offense'(1): TEXT

- S. 674: Transparency and Accountability in Military and Security Contracting Act of 2007 (Obama Bill). The Bill 'requires the Federal Bureau of Investigation (FBI), for each theater of operations established in connection with a contingency operation in which contract personnel are carrying out work under a covered contract, to establish a Theater Investigative Unit to investigate allegations of contractor personnel criminal misconduct' (2): TEXT

 


ANCILLARY REGULATION

Quadrennial Defense Reviews: QDRs consolidate the periodic legislatively-mandated review of Department of Defense strategy and priorities. Among other issues, QDRs map the long-term course for DOD including the extend and scope of contractor support needed to address today's conflicts and tomorrow's threats.

Quadrennial Defense Reviews 2014. Washington, D.C., March 4, 2014. QDR 2014 builds on the 2012 Defense Strategy Guidance and prioritizes three strategic pillars: defending the homeland; building security globally by projecting U.S. influence and deterring aggression; and remaining prepared to win decisively against any adversary should deterrence fail: PDF | 2014 QDR Fact Sheet (PDF)

Previous QDRs (PDF): QDR 2010 QDR 2006 QDR 2001
 
Of relevance to recent QDRs (PDF): 2012 Defense Strategic Guidance Quadrennial Roles and Missions Review 2009
National Defense Strategy 2008  

Reconstruction and Stabilization Civilian Management Act of 2006: 109th U.S. Congress (2005-2006) S. 3322. The purpose of this Act is to provide for the continued development, as a core mission of the Department of State and the United States Agency for International Development, of an effective expert civilian response capability to carry out reconstruction and stabilization activities in a country or region that is at risk of, in, or is in transition from, conflict or civil strife :http://www.govtrack.us/congress/billtext.xpd?bill=s109-3322

 


IMPROVING SERVICE AND ACCOUNTABILITY STANDARDS

PSC Series of ANSI Standards. Inspired by the Montreux Document, the voluntary standards aim at harmonizing the quality of private security services when they are rendered in areas of the world where rule of law has been undermined due to acts of war or natural disaster:

ANSI/ASIS PSC.1-2012 : Management System for Quality of Private Security Company Operations - Requirements with Guidance: PDF
ANSI/ASIS PSC.2-2012: Conformity Assessment and Auditing Management Systems for Quality of Private Security Company Operations: PDF
ANSI/ASIS PSC.3-2013: Maturity Model – Phased Implementation of a Quality Assurance Management System for Private Security Service Providers: Awaiting ANSI approval before public distribution
ANSI/ASIS PSC.4-2013: Quality Assurance and Security Management for Maritime Private Security Companies – Guidance: Awaiting ANSI approval before public distribution

 


ACCESS TO THE DEBATES UNDERPINING ESTABLISHED AND EMERGING REGULATION

Congressional Record (US). It is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. It is strongly recommended you run regular searched to see which new issues are debated as well as to find new relevant documents of academic or professional value: http://www.gpoaccess.gov/crecord/retrieve.html


RECENT CONTROVERSIES - LEGAL PRECEDENTS

• U.S. House of Representatives: Warlord, Inc. Extortion and Corruption Along the U.S. Supply Chain in Afghanistan, Washington, D.C. June 22, 2010: The file is misteriously not to be found anymore at its .gov home PDF (3.14MB) | CBS News copy of the report: PDF


 
 
 
 

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