Arming and accounting for private security personnel

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1. Command procedures

Every geographic combatant commander must publish guidance and procedures for private security contractors and their personnel in the command’s area (32 CFR 159.6(a)). They cover contingency operations, humanitarian or peace operations, and other military operations or exercises (32 CFR 159.6(a)). The guidance must follow the law, 32 CFR part 159, military department publications and the relevant Defense issuances on operational contract support, workforce mix, the law of war, physical security and the use of force. A sub-unified or joint force commander, consulting the chief of mission, issues implementing guidance suited to the situation (32 CFR 159.6(b)). Who sets these rules is covered in how private security contractors are governed.

2. Registration and verification

The procedures must name the organization responsible for each process, and must cover at least ten processes (32 CFR 159.6(a)(1)). The first is registering, processing, accounting for and keeping records of contractors and personnel under DoD Instruction 3020.41 (32 CFR 159.6(a)(1)(i)). The second is the contractor verifying that its personnel meet all legal, training and qualification requirements to carry a weapon under the contract and host country law (32 CFR 159.6(a)(1)(ii)). Weapons accountability procedures must be set up and approved before weapons are authorized.

Personnel, weapons, armored vehicles, helicopters and other vehicles operated by security personnel must be registered and identified in the Synchronized Predeployment and Operational Tracker, or its successor database (32 CFR 159.6(a)(1)(iv)).

3. How a request to arm is decided

Requests to arm security personnel are reviewed case by case by the combatant commander’s staff judge advocate, or a designee, to make sure there is a legal basis (32 CFR 159.6(a)(1)(iii)). The combatant commander, or a specifically named designee no lower than flag officer, then approves or denies them. Requests for non-Defense personnel follow the chief of mission arrangements.

Every request must include six elements (32 CFR 159.6(a)(1)(iii)). It describes where the personnel will operate, the expected threat, and what property or people, if any, they will protect. It explains how their movement will be coordinated through areas of increased risk or military operations, and how American forces will quickly identify them. It contains a communication plan for sharing threat information and helping personnel who become engaged in hostile situations. It documents individual training in weapons familiarization and qualification, the rules for the use of force and their limits, the difference between military rules of engagement and civilian rules for the use of force, and the law of armed conflict.

It also includes written acknowledgments (32 CFR 159.6(a)(1)(iii)). After the contractor investigates their backgrounds, the contractor and each individual confirm the personnel are not barred by American law from possessing firearms. They also confirm six points. Inappropriate use of force may bring American or host nation prosecution and civil liability. Each person must carry proof of authorization to be armed. Personnel may carry only government-issued or approved weapons and ammunition on which they have qualified. They have been briefed on and understand the limits on force. Authorization may be revoked for breaking the rules for the use of force. And no one may drink alcohol, or be under its influence, while armed. A note in the regulation says the acknowledgment should not be read to limit liability to weapons use. Its example is that personnel could be criminally liable for any conduct that would be a federal offense under the Military Extraterritorial Jurisdiction Act.

4. Incidents and investigations

The procedures must provide for reporting alleged criminal activity and other incidents involving security contractors by any company or person (32 CFR 159.6(a)(1)(v)). Six kinds of incident must be reported and documented. The first three are a weapon discharge by security personnel, security personnel killed or injured on duty, and another person killed or injured by their conduct. The next two are property destroyed by their conduct, and an attack on security personnel, including a weapon discharged or believed discharged against them. The sixth is the use of active non-lethal countermeasures in response to a perceived immediate threat, in an incident that could significantly affect American objectives for the military mission or international relations. The regulation’s examples of such systems include laser optical distracters, acoustic hailing devices and riot-control agents.

Reported incidents and alleged misconduct must be independently reviewed and, where practicable, investigated (32 CFR 159.6(a)(1)(vi)). The procedures must identify ultimate criminal jurisdiction and investigative responsibilities, including coordination of joint investigations with other agencies, the host nation or third countries (32 CFR 159.6(a)(1)(vii)). They must give the combatant commander a way, through the contracting officer, to request action removing non-compliant personnel from the area (32 CFR 159.6(a)(1)(viii)). They must also provide for interagency coordination of penalties or removal for non-Defense personnel (32 CFR 159.6(a)(1)(ix)).

5. Training and day-to-day control

The guidance must specifically cover authorized equipment, force protection, security, health, safety and relations with locals (32 CFR 159.6(a)(2)(i)). It must cover assessing compliance with Defense-approved business and operational standards for private security functions (32 CFR 159.6(a)(2)(ii)). Predeployment training must at least cover resources and assistance available to personnel, country information and cultural training, and working with host country nationals and military personnel (32 CFR 159.6(a)(2)(iii)).

The guidance must also cover the rules for the use of force and graduated force procedures (32 CFR 159.6(a)(2)(iv)). It must cover the duty to cooperate with Defense investigations by giving access to employees and relevant information (32 CFR 159.6(a)(2)(v)). It must set requirements for direction, control and communications for the movement and coordination of security contractors, including interoperability. That includes coordinating with the chief of mission, as necessary, on operations outside secure bases and diplomatic properties, with movement control for all contractors (32 CFR 159.6(a)(2)(vi)). The chief of mission and the military commanders must make every effort to coordinate responses to common threats and oversight concerns (32 CFR 159.6(c)).

Key terms

Arming request	The request, with six required elements, to authorize security personnel to carry weapons.
Staff judge advocate review	The legal review of each arming request before the commander decides.
Graduated force procedures	Procedures the command guidance must set alongside the rules for the use of force.
Non-lethal countermeasures	Measures short of firing a weapon, whose use can be a reportable incident.
Movement control	Coordination of contractor movements outside secure bases and diplomatic properties.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Armed security work rests on discipline, records and accountability. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.