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Responsibility of state control



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1. Each State Party shall:

a) Establish comprehensive domestic regime of regulation and oversight over the activities in its territory of private military and security companies and their personnel including the foreign ones, in order to prevent and reveal any forms of illegal activities and mercenarism;

b) In order to ensure that administrative, regulative, law enforcement and other bodies, implementing the regime of regulation and oversight over the activities of private military and security companies and their personnel, as well as structures counteracting mercenarism, are able to cooperate and exchange information on national and international level under domestic legislation, consider the establishment of the respective body for operative information about the activities of private military and security companies which shall act as a national center of collection, analysis and exchange of information concerning possible violations of national and international laws on their behalf.

2. States Parties consider the question of application of practically possible measures for revealing facts of providing military and security services outside their territories and for establishing control over the provision of such services as consistent with the safeguards aimed at ensuring the proper use of information and not impeding to their legal implementation in any way. Such measures may imply the requirement to provide reports on the transborder military and security services by physical persons and legal entities.

3. In the establishment of domestic regime of regulation and oversight according to the provisions of the Article and not violating any other Articles of the present Convention all States Parties are recommended to guide by the respective initiatives of regional, interregional and multilateral organizations against mercenarism.

4. All States Parties seek to develop and encourage global, regional, subregional and bilateral cooperation between judicial bodies and law enforcement structures as well as financial regulation bodies in order to fight against mercenarism.

 


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