PMCDB · Global Private Defense Intelligence
Comparative Frameworks

Regulatory Framework Comparison

The United States, Switzerland and Ukraine rows are drawn from the report Ukraine’s Future Need for PMCs: Lessons from Foreign Regulatory Models (chs. 2, 4–7). The comparison isolates the two mechanisms the report treats as decisive: whether a state licenses the activity of supplying military services abroad, and whether conduct rules and criminal jurisdiction follow personnel outside the national territory. Remaining rows are research drafts pending primary-source review.

How different jurisdictions regulate PMCs, private security companies, defense-service contractors, and private defense-industrial and defense-technology firms. All summaries are working research drafts; verify against primary legal sources before publication.

Detailed framework

United States

Partially Verified
Unverified
Relevant laws
Arms Export Control Act (22 U.S.C. § 2778); ITAR (22 C.F.R. pts. 120-130); EAR; FAR 52.225-26 and DFARS 252.225-7039; DoDI 3020.50; MEJA (18 U.S.C. § 3261); UCMJ art. 2(a)(10); Montreux Document participation.
Export control
ITAR (State/DDTC) for defense articles; EAR (Commerce/BIS) for dual-use.
FDI screening
CFIUS review under FIRRMA for foreign investment in sensitive defense/tech firms.
Defense procurement
FAR/DFARS federal procurement rules; DoD contracting oversight; competition and bid protest system.
Licensing
Registration and licensing with DDTC for defense manufacturers/exporters; state-level PSC licensing.
Armed contractors / PSC
No single PMC statute: control is layered through contract clauses (FAR 52.225-26, DFARS 252.225-7039), DoD policy (DoDI 3020.50 / 32 C.F.R. pt. 159) and criminal jurisdiction abroad under MEJA and UCMJ art. 2(a)(10). Military training and advice to foreign forces is separately licensed as a “defense service” under ITAR § 120.32.
Dual-use technology
EAR Commerce Control List; end-use/end-user restrictions; emerging tech controls.
Classified contracts
NISPOM industrial security; facility clearances (FCL) and personnel clearances.
Tech-transfer restrictions
ITAR technical data controls; deemed-export rules for foreign nationals.
Sanctions & end-use monitoring
OFAC sanctions; Blue Lantern (State) and Sentinel (Commerce) end-use monitoring programs.
Government agencies
State/DDTC, Commerce/BIS, Treasury/OFAC, DoD, CFIUS, DCSA.
Lessons for Ukraine
The report’s central US lesson: regulate the activity, not the label. Defense services are licensed per transaction (ITAR §§ 120.32, 124.1), conduct rules travel with the contract, and criminal jurisdiction follows personnel abroad — a model Ukraine can replicate through contract-specific authorisation rather than a single omnibus PMC licence.
Gaps / risks for Ukraine
Highly resource-intensive; multi-agency coordination burden; may be over-scaled for early Ukrainian institutional capacity.
Source Metadata Status
Research status: Partially Verified

Not yet fully structured. Per-claim source metadata has not been entered for this framework. This describes metadata completeness only and does not change the research status shown above.