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THE LAW NO. 5188 CONCERNING PRIVATE SECURITY SERVICES

 

Official gazette dated June 26, 2004

No: 25504

THE LAW CONCERNING PRIVATE SECURITY SERVICES

Law No: 5188

Acceptance date : 10.06.2004

PART ONE

General Provisions

Aim

ARTICLE 1. – The aim of this Law is to determine the bases and procedures related to the performance of private security

services in a nature complementary to public safety/security.

 

Scope

ARTICLE 2. – This Law covers the issues regarding the granting of private security permit, licensing and auditing the persons

and agencies to provide this service.

 

Private security permit

ARTICLE 3. – The guarding of persons with armed security personnel, establishment of a private security unit under the

structure of institutions and enterprises or making the security service provided by companies depends on the permission of the

governor based on the decision of the private security committee. Private security permit can be granted by the governor, without

seeking for committee decision, in temporary or emergent situations such meeting, concert, stage shows and similar activities;

money or valuable commodity transfer. Based on the request of the persons and institutions, by considering their guarding and

security need, it can be permitted for the security service to be provided by the hand of the personnel to be employed for this

purpose, establishment of private security unit under the structure of institutions and enterprises and making the security service

provided by companies. The fact that a private security unit having been established under the structure of an institution does

not pose a hindrance for taking service from security companies as well.

The committee is authorized to determine the maximum quantity and nature of the weapon and equipment that the guarding and

security service personnel can possess or carry and also, in necessary cases, the other physical and instrumental security

precautions. The international liabilities regarding the security precautions to be taken at places like airports and sea ports are

reserved. The private security application other than temporary cases is concluded with the committee’s decision and the

governor’s approval provided that the application is made at least one month beforehand.

 

Private security committee

ARTICLE 4. - The private security committee is comprised of representatives of provincial security directorate, provincial

gendarmerie command, chamber of trade presidency and chamber of industry presidency, under the chairmanship of a governor

deputy to be commissioned by the governor to take decisions concerning private security indicated in this Law. In the provinces

where there is no chamber of industry, the representative of the chamber of trade and industry presidency attends to the

committee. The representative of the person or institution that has applied for obtaining private security permit or the cancellation

of this application attends the related committee meeting as a member. The Committee takes its decisions with majority of the

votes, In case the votes are equal, the side that the chairman is on is deemed as the majority, abstaining votes are not allowed.

 

Private security companies

ARTICLE 5. – The companies to service in the private security field are subject to the permit of the ministry of Internal Affairs.

For granting the activity permit, the company shares have to be written to the name and the field of activity should be exclusively

guarding and security service. The private security companies have to inform of their branches to the Ministry and the related

governorship in a written form within one month and inform their share transfers to the Ministry within one month.

The establishment of private security company by foreign persons and the foreign companies to provide private security service in

Turkey is subject to reciprocity basis.

The conditions specified in (a) and (d) clauses of article 10 of this Law are sought at the founders and managers of private security

companies. The managers should also be a graduate from a four-year high school, bear the condition in (e) clause of article 10

of this Law and have successfully completed the private security basic training indicated in article 14.

In the event of loss of the qualifications sought for the founders and managers of private security companies, this failure should be

corrected, or the founder(s) or manager(s) causing this failure should be replaced within two months; Or otherwise the company’s

operation license is cancelled.

A written agreement should be executed for the guarding and security services to be provided by the private security companies to

third persons and organizations. A copy of this service agreement should be delivered to the governorship by the concerned private

security company at least one week prior to commencement of such guarding and security services. The period condition is not

sought for urgent and temporary guarding and security services.

 

Supplementary measures

ARTICLE 6. - Public administrators are authorized to supervise and audit the private security measures taken in public

places such as airports, ports, customs, railway and other stations, and in places where mass activities such as sport contests

and stage performances are held, and request additional measures to be taken where public security necessitates.

The powers vested to Governors and District Governors by the Provincial Administration Law no. 5442 are reserved and not

affected by the provisions of this Law for the sake of public security. Private security units and private security personnel are

obliged to abide by and fulfill the orders of the public administrator and the head of the police or gendarmerie force during

enforcement of such vested powers.