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The resource persons emphasized various aspects, including the principles of international law governing the use of force, whether carried out by States or private actors. They recalled that States hold responsibility under public international law, but also considered that regulation of private military and security companies should be increased. 10. (...) He provided options for improved regulation, including that all parties remain focused on the primary responsibility of States to regulate companies incorporated or acting on their territories, as well as suggesting a model contract system. (...) During the regional consultation, drafts of potential new legal instruments - a draft international convention on the regulation and oversight of private military and security companies and a draft model law for the national level of regulation - were introduced by resource persons at the request of the Working Group and subsequently discussed by the members of the Working Group together with representatives of participating States. 42.

NW CW BW If YES, source document of national implementation law NW CW BW If YES, source document Remarks BW: Constitution of the Republic of Lithuania, Arts. 137 and 138 BWC Ratification Law of 1997 Law on Environmental Protection of 1992 as last amended in 2013 6 Transport X X X NW: Government Resolution No 938 on Approval of Regulations of Transportation of Dangerous and Military Goods of Foreign States across the Territory of Lithuania of 1994 as last amended in 2002 Law on the State Border and Protection of 2000 as last amended in 2010 Aviation Law of 2000 as last amended in 2012 Regulations on import, export, transit and transportation of radioactive materials, radioactive waste and spent nuclear fuel in the Republic of Lithuania, approved by the Order of the Minister of Health and the Head of the State Nuclear Power Safety Inspectorate in 2008 Law on Nuclear Energy of 1996 as last amended in 2013 The Rules on the Handling of Orphan Ionizing Radiation Sources, Substances of Orphan Nuclear Fuel Cycles, Orphan Nuclear and Fissile Substances and Objects Contaminated with Radionuclides approved by the Government of the Republic of Lithuania in 2005 and last wholly amended in 2012 X X X NW: Criminal Code, Arts. 256 and 257 Law on Nuclear Safety, Art. 6, p. 2, subpara. 4; Art. 47, pp. 1 and 2 Criminal Code, Art. 267, p. 2 BW: Criminal Code, Art. 21; Art. 111 , p. 2; Art. 21; Art. 250, p. 3; Art. 24; Art. 267(1) S/A C .44/2013/25 13-59493 13/52 National legal framework Enforcement: civil/criminal penalties and others YES YES Does national legislation exist which prohibits persons or entities to engage in one of the following activities? (...) NW CW BW If YES, source document of national implementation law NW CW BW If YES, source document Remarks CW: Government Resolution No 938 on Approval of Regulations of Transportation of Dangerous and Military Goods of Foreign States across the Territory of Lithuania of 1994 as last amended in 2002 Law on the State Border and Protection of 2000 as last amended in 2010 Aviation Law of 2000 as last amended in 2012 Law on Environmental Protection of 1992 as last amended in 2013 BW: Government Resolution No 938 on Approval of Regulations of Transportation of Dangerous and Military Goods of Foreign States across the Territory of Lithuania of 1994 as last amended in 2002 Law on the State Border and Protection of 2000 as last amended in 2010 Aviation Law of 2000 as last amended in 2012 Law on Environmental Protection of 1992 as last amended in 2013 7 Transfer X X X NW: Law on Nuclear Energy of 1996 as last amended in 2013 Law on the Control of Strategic Goods of 2004 as last amended in 2011 Government Resolution No 653 on Approval of Rules on Licensing Practices with Sources of Ionising Radiation of 1999 as last amended in 2011 X X X NW: Criminal Code, Arts. 256 and 257 Law on Nuclear Safety, Art. 6, p. 2, subpara. 4; Art. 47, pp. 1 and 2 Criminal Code, Art. 267, p. 2 BW: Criminal Code, Art. 267(1) S/A C .44/2013/25 14/52 13-59493 National legal framework Enforcement: civil/criminal penalties and others YES YES Does national legislation exist which prohibits persons or entities to engage in one of the following activities? (...) NW CW BW If YES, source document of national implementation law NW CW BW If YES, source document Remarks Regulations on import, export, transit and transportation of radioactive materials, radioactive waste and spent nuclear fuel in the Republic of Lithuania, approved by the Order of the Minister of Health and the Head of the State Nuclear Power Safety Inspectorate in 2008 Order of the Minister of Health V-687 on Approval of Rules of Physical Protection of Sources of Ionizing Radiation of 2005, last amended in 2012 CW: Constitution of the Republic of Lithuania, Arts. 137 and 138 CWC Ratification Law of 1998 Law on the Prohibition of Chemical Weapons of 1998 Law on the Control of Strategic Goods of 2004 as last amended in 2011 Law on the State Border and Protection of 2000 as last amended in 2010 Aviation Law of 2000 as last amended in 2012 BW: Constitution of the Republic of Lithuania, Arts. 137 and 138 BWC Ratification Law of 1997 Law on the Control of Strategic Goods of 2004 as last amended in 2011 Law on the State Border and Protection of 2000 as last amended in 2010 Aviation Law of 2000 as last amended in 2012 S/A C .44/2013/25 13-59493 15/52 National legal framework Enforcement: civil/criminal penalties and others YES YES Does national legislation exist which prohibits persons or entities to engage in one of the following activities?

Gómez del Prado then introduced the elements of the proposed draft convention, including the purposes, the scope of application, the general principles, the domestic regime of regulation and oversight, the responsibilities of States regarding the activities of PMSCs and the international mechanism proposed to monitor the implementation of the convention by States parties. 17. (...) He mentioned several initiatives geared towards increased oversight of PMSCs at the national level, including in the United States of America and Afghanistan. He also recalled that industry associations were not opposed to the idea of international regulation for companies. (...) The Working Group supports a “three-tier approach” to regulation of PMSCs, including self- regulation, regulation at the national level and international regulatory legal standards and oversight mechanisms. 30.

A “NA” (Not Applicable) in any data field signifies that the data field is not applicable to that State where through legally binding instruments States specified that they do not possess related materials or facilities. (...) Regulation 1356 of 6 December 2011 Concerning the design and layout of workplaces and premises 3 Old or abandoned chemical weapons State reports that Chemical Weapons from WWII were dumped at sea. (...) Plant Diseases Act of 1964, as amended Decree No. 1602 of 1983, as amended by Decree No. 291 of 1988 (prevention of imports of plant diseases) X X X NW/CW/BW: The Act on Customs Duties and Movement of Goods (Customs Act) 21 December 2007, No. 119, Chapters 13 (enforcement powers) and 16 (penalties) Regulations to the Act on Customs Duties and Movement of Goods (Customs Regulations) 2009, Chapter 16 BW: Offences to Decree No. 1347 are prescribed by the Food Act, No. 124 of 2003 Plant Diseases Act of 1964, as amended, Section 10 Food Control Agency State Plant Inspection Office 2 Law enforcement to detect, deter, prevent and combat illicit trafficking X X X NW/CW/BW: Police Act Customs Act Act of 18 December 1987 No. 93 relating to control of the export of strategic goods, services, technology, etc.

INFCIRC/193 (accession 2005) CW: CW Prohibition Act BW: BW Prohibition Act X X X NW/CW/BW: Penal Code, § 298, 299, 419 NW: Atomic Act and relevant regulations of the Nuclear Regulatory Authority of the Slovak Republic (further referred as NRA SR), including the State System of Accounting for and Control of Nuclear Materials (SSAC) based on the IAEA Safeguards Agreement and the Additional Protocol CW: 1. (...) Atomic Act + relevant NRA SR regulations 2. Commission Regul. 302/2005/EURATOM 3. (...) Atomic Act + relevant NRA SR regulations 2. Commission Regulation 302/2005/EURATOM 3.

A general license for PMCs/PSCs; 6. Self-regulation: a voluntary code of conduct. 19. The Green Paper does not only deal with options for regulation but also with the matter of the accountability of companies and employees: it states that the liability which international humanitarian law applies to soldiers committing war crimes would also “apply to employees of PMCs who became involved in armed conflict”. (...) Outside the scope of military law, other industries dealing with the problem of extraterritoriality have proven that it is possible to enforce regulations. In the area of arms control, regulation comes from registering States. (...) Basic decisions, even regarding choice between the options for regulation, let alone about implementation of any regulation, have not yet been taken. 37.

He noted that the increasing use of PMSCs is not peculiar to Africa but is in fact an international phenomenon and hence any options for the regulation of PMSCs should not only target Africa or the continent’s less robust States but be applicable internationally. (...) Several countries provided information on existing national regulations on PMSCs in their countries. Several representatives indicated that only companies providing security services were authorized and under strict control of the State. (...) The Working Group recognizes a consensus amongst participants regarding the existing legal gap at the international level vis-à-vis the activities of PMSCs and welcomes the high level of support for its ongoing efforts to draft an international instrument for the regulation of PMSCs. 43. The Working Group encourages States to review the functions which are inherent to the sovereignty of States and should remain within the purview of States and should not be outsourced to PMSCs. 44.

An “X” against any data field does not necessarily signify that a State has met in full its obligations for that data field. (...) A “N/A” (not applicable) in any data field signifies that the data field is not applicable to a State that, through legally binding instruments, specif ied that it did not possess related materials or facilities. (...) Nuclear Security Contact Group 18 Statement on non-provision of weapons of mass destruction and related materials to non-State actors Germany does not provide any support to non-State actors 19 Membership of relevant international, regional or subregional organizations 1.

A representative reiterated the responsibility of States vis-à- vis PMSCs they contracted and stressed that States could not shift their responsibility to such companies by virtue of a contract. (...) The purpose of a new convention on the issue would be to fill that legal gap, by, among other things, reaffirming and strengthening State responsibility for the use of force and supporting the regulation of the activities of PMSCs and subcontractors. 22. (...) The Working Group recognizes a consensus from the participants regarding the existing legal gap at the international level regarding the activities of PMSCs and welcomes the declarations of support regarding its efforts to elaborate an international instrument for the regulation of such companies. 31. The Working Group recalls the responsibility of States to respect and protect human rights and to ensure that PMSCs are held accountable if and when they are responsible for crimes or human rights violations. 32.