Example contract clause on equipment use

Excerpt from A Contract Guidance Tool for Private Military and Security Providers (DCAF 2017), section 2.4:

Parties should choose from the following options regarding [small arms and light weapons], less lethal weapons & other equipment:

• The personnel deployed by the contractor are not authorised to carry or use [small arms and light weapons] for the performance of the agreed services under this contract. Personnel may be authorised to carry and use less lethal weapons and other equipment, as set out by applicable national and international law.
• OR The personnel deployed by the contractor are armed for the performance of the agreed services under this contract. The authorised [small arms and light weapons] and ammunitions permitted under this clause should be specified here, in accordance to what has been defined in the terms of contract as well as in accordance with applicable international and national law. Any additional less lethal weapons and other equipment such as for example the use of security dogs, and their relevant considerations should be detailed here.
• The contractor is responsible for the adequate maintenance and regular inspection of the [small arms and light weapons], less lethal weapons, other equipment, and of its personnel, where relevant.
• The contractor must ensure compliance with laws relevant to [small arms and light weapons], less lethal weapons and other equipment applicable in the Territorial State, and is responsible to ensure its personnel are in possession of all authorisations needed. It implements [small arms and light weapons], less lethal weapons and other equipment management procedures, which are to be annexed to the contract.
• The [small arms and light weapons], less lethal weapons and other equipment may only be employed in accordance with the use of force policy. The contractor must ensure any armed personnel have received adequate training regarding the use of [small arms and light weapons], less lethal weapons and other equipment.
• The contractor must demonstrate that personnel have a sufficient understanding of the principles of necessity and proportionality with respect to the use of force and the use of [small arms and light weapons], less lethal weapons and other equipment. This understanding must be commensurate to the level of force the personnel is authorised to use. In particular, the contractor must demonstrate that personnel are selected by proper screening procedures, have appropriate moral, psychological and physical qualities for the effective exercise of their functions, receive continuous and thorough professional training and are tested in accordance with appropriate proficiency standards in the use of force. Their continued fitness to perform these functions should be subject to periodic review.