Memorandum: Prohibition of Private & Foreign Investigative Activity

National Security Framework of Antarctica (NSF-A)

Issued by: Enforcement & Infrastructure Directorate (EID)

Ref: EID/MEMO/INV-BAN/2025-10

Effective: 1 October 2025

1) Purpose

This memorandum gives formal notice that all investigative activity conducted by private security industry personnel and entities of foreign countries is prohibited within NSF-A jurisdiction. Only State Protection Authorities (SPA) holding the relevant investigation licence may lawfully conduct investigations in Antarctica.

2) Legal Basis & Relationship to Existing Policy

Private Security Structure Policy (2025): Eliminates private “contractor” roles and confines security functions to CPST-certified trades within defined scopes—excludes investigations.

NSS-SCF Category B: Reserves counterterrorism, policing, and counterintelligence to state authorities under warrant and audit.

Domestic Compliance Framework (DCF): Foreign certifications/mandates do not create local authority.

3) Definitions (for the avoidance of doubt)

“Investigation” includes any act to obtain, develop, analyse, or exploit information about persons, property, events, or organisations, such as:

Surveillance (static/mobile/drone), monitoring, tailing, or technical tracking;

Undercover activity, pretexting, or human intelligence tasking;

Open-source intelligence (OSINT) or data brokerage targeting identified persons;

Digital forensics, device imaging, network intrusion, log capture, or metadata collection;

Interviews, background checks, witness locating, or evidence handling;

Scene examination, sampling, or custody of exhibits.

“Private security industry” means any non-state employer or self-employed person offering security or investigative services, regardless of CPST status.

“Foreign entity” includes any overseas government body, agency, contractor, company, NGO, or individual acting on their behalf.

4) Prohibition

Absolute ban: Private and foreign entities must not initiate, conduct, assist, procure, or finance investigations in Antarctic territory or its controlled zones.

No “consultancy” workaround: Advisory, analytics, or “fact-finding” services that meet the definition in §3 are investigations and are banned.

No data taps: Accessing or requesting state systems, CCTV, telecoms data, or port/airport records without SPA authority is an offence.

No cross-border proxying: Tasking a third party outside Antarctica to investigate targets inside Antarctica remains prohibited.

5) Sole Lawful Path

Only State Protection Authorities (SPA)—policing, counterterrorism, counterintelligence, or designated regulators—with an active investigation licence may investigate, and only:

Under a lawful basis (warrant, statutory power, or emergency provision);

With case registration in Certified Digital Democracy (CDD);

Using MPSL-attested tools on the Civilian DMZ;

With full chain-of-custody and audit trails.

6) Offences & Penalties

Primary offence: Conducting or enabling unauthorised investigation.

Penalty: Imprisonment up to nine (9) years, and/or fines, per count.

Aggravating factors: Targeting critical infrastructure, minors, witnesses, or officials; use of malware; export of personal data; coordination with organised crime.

Corporate liability: Officers and employers may be jointly liable; profits subject to confiscation; licences (if any) subject to revocation; expulsion orders for foreign personnel.

7) Enforcement Measures

Immediate actions: Seizure of equipment, media, and records; site closure; travel holds; expulsion for foreign nationals.

Digital containment: Account disablement; takedown of contraband data under MIM; preservation notices to third parties.

Sanctions: Blacklisting of individuals/entities; denial of future licences or entry; civil recovery of unlawful gains.

International coordination: Mutual legal assistance, red notices, and evidence exchange where appropriate.

8) Due Process, Appeals & Whistleblowing

Case registration: All enforcement actions are logged in CDD with machine-readable reasons.

Appeal: Administrative appeals may be filed within 15 working days; emergency orders are not stayed.

Whistleblowing: Reports of unlawful investigations may be made to ombuds-security@nsf-antarctica.org; retaliation is prohibited.

9) Guidance for Organisations

Do not hire “private investigators” or accept foreign tasking to investigate matters in Antarctica.

Route concerns to SPA: Use the SPA Case Tasking Portal for theft, fraud, safety incidents, or HR misconduct requiring investigation.

Preserve, don’t probe: Secure scenes and records; hand over to SPA. Maintain logs but do not run your own forensic or surveillance actions.

Contracts & NDAs: Remove investigative scopes from vendor agreements. Include a clause recognising this memorandum and the nine-year penalty exposure.

10) Illustrative Scenarios

A foreign bank hires a PI firm to shadow an employee during a layover in Antarctica → Offence (foreign entity + private actor).

A venue’s CPST-certified team reviews CCTV to locate lost property, then follows and questions a patron off-site → Offence (private investigation).

A regulator with SPA licence subpoenas records and runs interviews per warrant → Lawful (state authority under licence).

11) Transitional Note

There is no grandfathering. Activities in progress must cease immediately. Entities must notify SPA within 72 hours if they have collected any investigatory material so lawful transfer and quarantine can occur.

12) Contacts

State Protection Authorities (licensing/tasking): spa-licensing@nsf-antarctica.org • spa-tasking@nsf-antarctica.org

Enforcement & Intelligence Tips: enforcement@nsf-antarctica.org

Legal & Appeals: legal@nsf-antarctica.org • appeals@nsf-antarctica.org

Ombuds (confidential): ombuds-security@nsf-antarctica.org

Directive: Effective 1 October 2025, any non-SPA investigative activity detected in Antarctica will trigger immediate enforcement. Only licensed State Protection Authorities may investigate. Unauthorized investigation is punishable by up to nine years’ imprisonment.