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[TO BE INTRODUCED IN THE NATIONAL ASSEMBLY]

A

BILL

to regulate the operation of foreign security agencies in Pakistan;

WHEREAS various private security agencies belonging to different countries are operating inPakistan, but there is a general lack of relevant laws to keep an eye on their activates, hence, itis expedient to make law to regulate their operation in Pakistan,

It is, therefore, enacted as follows:

1. Short title, extent and commencement.- (1) This Act may be called the ForeignSecurity Agency (Regulation of Operation) Act, 2010.

(2) It shall extend to the whole of Pakistan and shall particularly apply to the foreign securityagencies operating in Pakistan.

(3) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(i) Authority means Standing Committees on Interior of the National Assembly andthe Senate;

(ii) Board means the Foreign Security Agency Registration Board established underSection 3 of this Act;

(iii) Embassy / High Commission means the Embassy or High Commission of thecountry of origin of an FSA in Pakistan;

(iv) Foreign Security Agency or FSA means a security agency or organization, eitherprivately owned or corporate, originating from a country other than Pakistan; and

(v) Foreign Office means the Ministry of Foreign Affairs, Government of Pakistan.

3. Foreign Security Agencies (FSAs) Registration Board.- (1) There shall be a ForeignSecurity Agencies Registration Board, to be constituted by the Ministry of Interior to consider thecases of registration of Foreign Security Agencies.

(2) The Board shall consist of the following:-

(i) Minister for Interior Chairman.(ii) One member of the National

Assembly to be nominated by the Assembly. Member(iii) One Senator, to be nominated by the Member

Senate of Pakistan.

(iv) Secretary, Ministry of Interior Member (v) Secretary, Ministry of Foreign Affairs. Member

4. Registration of Foreign Security Agencies (AFSs) in Pakistan.- (1) An FSA intendingto operate in Pakistan shall get itself registered with the Interior Ministry by a request to berouted through the Foreign Office.

(2) Request for registration shall be sent through the Embassy / High Commission of thecountry of FSA desiring to operate in Pakistan.

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(3) FSAs shall be required to describe details of their operations in Pakistan, the purposesand aims and objectives of the operations and the required time period within which it shalloperate, the number of personnel and the kind and number of weapons needed.

(4) While submitting a case of an FSA for registration to Interior Ministry, Foreign Office shallalso give its specific recommendations with detailed background of the FSA:

Provided that final approval of registration of an FSA shall be given by the StandingCommittees on Interior of the National Assembly and the Senate.

(5) Ministry of Interior, with the approval of Standing Committees on Interior of the NationalAssembly and the Senate may make rules for proper conduct of registration of FSAs.

5. Post registration procedure.- (1) No FSA can enter into the territories of Pakistan andoperate without getting itself registered in accordance with Section 3 of this Act.

(2) After an FSA succeeds in getting itself registered, it shall be liable to give full details of itsemployees, both foreigners and locals, including their passport numbers or CNIC numbers, asthe case may be, their addresses, and get them registered with the Interior Ministry.

(3) Each weapon to be carried by FSA personnel will be licensed by the Ministry of Interiorand registered separately.

(4) The sponsoring Embassy / High Commission will submit fortnightly a confidential reportto the Foreign Office about the number of FSA personnel, their place of service within Pakistan,the kind and number of weapons in their use and their residential addresses.

6. Application of Law.- (1) All the FSAs operating in Pakistan shall be subjected to laws,regulations, and Codes of Pakistan.

(2) All FSA personnel, regardless of nationality, shall not have diplomatic immunity, and shallbe liable to be summoned by and tried in a court of law in Pakistan.

7. Cancellation of registration.- (1) FSAs shall strictly remain in the area where theirservices are required and which has been approved for their operation at the time ofregistration.

(2) If an FSA, operating in Pakistan is found to have violated relevant laws, or is foundengaged in subversive activities, or indulged in such other activities which are detrimental to theinterest of Pakistan, a notice shall be served on it for cancellation of registration.

(3) If an FSA fails to satisfy the FSAs Registration Board established under section 3 of this

Act, its registration shall be liable to be cancelled forthwith.

(4) An FSA registration of whose is cancelled may, through the Embassy / High Commissionof its country of origin, apply for registration afresh:

Provided that if the registration is cancelled for a second time, the FSA will be completelybanned in Pakistan and it shall have no right to apply for registration again.

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8. Termination of Registration.- The Authority has the power to terminate the registrationof any FSA at any time without assigning any reason, and upon such termination, the FSA shallbe liable to stop its operation and leave Pakistan forthwith.

9. Return journey.- (1) When an FSA completes its operation in Pakistan, or its registrationis cancelled for the second time, or its registration has been terminated, as the case may be, itshall, forthwith, arrange to leave Pakistan.

(2) If an FSA fails to completes its operation within the period specified at the time ofregistration, the FSA shall, through the Embassy / High Commission of its country of origin,apply for extension in the period of operation, specifying therein a final date of completion ofoperation..

STATEMENT OF OBJECTS AND REASONS

In most of the countries, FSAs operate in a legal grey zone that has allowed these FSAsto carry weapons and to harass, injure and kill citizens in impunity. The security of the people ofPakistan requires that all FSA operating in Pakistan be regulated explicitly and be subjected to

the law of Pakistan.

2. The Bill seeks to achieve the afore-said objectives.

Sd/-Engineer Khurram Dastgir Khan,

Member, National Assembly