1- What are the procedures to obtain a Private Security Permit?
In accordance with the law no 5188, institutions or organizations that want to receive security services must obtain the “Private Security Permit” issued by the “Provincial Private Security Commission”.
PRIVATE SECURITY PERMISSION:
The protection of individuals by armed personnel, the establishment of a private security unit within institutions and organizations or the provision of security services to companies are subject to the permission of the governor upon the decision of the Private Security Commission. In meetings, concerts, stage shows and similar events; in temporary or emergency situations such as the transfer of money or valuables, a special security permit may be granted by the governor without seeking a commission decision.
Upon the request of individuals and organizations, taking into account the need for protection and security, it is allowed to provide security service by the personnel to be employed, to establish a private security unit within the institutions and organizations or to perform this service to security companies. The fact that a private security unit has been established within an organization does not prevent security companies from providing services when needed.
The Commission is authorized to determine the maximum amount and quality of the personnel who will perform the protection and security services, the weapons and equipment that can be kept or carried, and other physical and instrument security measures when necessary. International obligations regarding security measures to be taken in places such as airports and ports are reserved. (Amendment) Private security practice, except for temporary situations, can be terminated with the decision of the commission and the approval of the governor, provided that the application is made at least one month before.
REGULATION (Article.8)
Individuals and organizations specify the subject of the private security service, how the private security service will be carried out, with how many personnel the service will be carried out at the maximum, and the quantity and quality of the weapons and equipment that will be needed in their application to the governorship for a private security permit.
After the necessary examination is made by the Governor’s Office regarding the private security request, the Commission decides whether to grant a private security permit, the method of providing private security, the maximum number of personnel to perform the private security service, and the maximum number of weapons to be kept or carried for this purpose.
In cases where it is possible to be protected within the scope of general security or if the application of private protection and security is considered inconvenient in terms of protecting public freedoms, it is decided not to grant a private security permit and the reason for this decision is also stated.
Decisions of the commission on granting or not granting a private security permit are submitted to the approval of the governor. A Private Security Permit is issued for individuals and organizations that are given private security permits.
Where to get private security training certificate and identity cards?
Since the private security certificate and identity procedures are carried out by our Governorships, the application for the Private Security Training Certificate and identity procedures must be made to the Private Security Branch Directorate, which is affiliated to the Provincial Police Department where the residence is located.
Is it possible to take the private security exam outside the province where the Basic or Renewal Private Security Training is taken?
According to our current examination system, in which province the Basic or Renewal Private Security Training was taken, the private security examination must be taken in the province where the training was taken.
How to object to Basic or Renewal Private Security Training exam results?
In order to object to the Basic or Renewal Private Security Training exam results, it is necessary to apply to the Private Security Branch Directorate of the Provincial Security Directorate, where the training is received, through the private security training institution.
After obtaining the private security renewal certificate, will the identity fee be paid when applying for an identity card? If the identity fee will not be paid, what will happen to the previously paid fees?
According to Article 11 of the Law No. 5188 on Private Security Services, since the duration of work permit is indefinite, the private security identity fee will be paid only once. Since the refund of the fees paid for the second time for the private Security guard identity document is followed by the Governorships, the applications must be made to the Private Security Branch Directorate, which is affiliated to the Provincial Security Directorate of residence.
Will Private Security Renewal Training continue?
With the amendment made in Article 11 of the Law on Private Security Services No. 5188, the duration of work permit has become indefinite. However, the renewal training continues as per article 34 of the regulation on the implementation of the Law, “Private security guards and managers receive renewal training every five years in order to renew their identity cards”.
What are the Requirements sought for Private Security guards?
The following conditions are sought for private security guards:
Being a citizen of the Republic of Turkey.
For those who will serve unarmed, at least eight years of primary or secondary school; to be at least a high school graduate or equivalent for those who will serve as armed.
To be 18 for those who will serve unarmed, and to be 21 for those who will serve as armed.
Not to have physical or mental illness or disability that may prevent the fulfillment of the task.
Being successfully completed basic private security training.
In clause (d) of Article 10 of Law No. 5188, to meet the conditions that “Even if the periods specified in Article 53 of the Turkish Penal Code have passed; not to be sentenced to heavy imprisonment or imprisonment for a period of one year or longer, or, even though he benefited from a pardon, not being convicted of crimes against the constitutional order and the functioning of this order, crimes against sexual immunity, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging the performance of the act, laundering the assets arising from crime, smuggling or prostitution crimes.”
What Documents Are Required For The Application To Get A Private Security Guard Work Permit?
Copy of diploma, (original to be seen)
T.R. Identification number
Four passport size photographs
Health report (obtained before starting the training)
Private security basic training certificate
How can I find out if the private security ID card has been issued?
Since ID card transactions are carried out by Provincial Police Departments, you can learn from the Private Security Branch Directorate to which you have applied.
Is it Possible to Object to the Health Board Report Received for Being a Private Security guard?
Referral to the referee hospital may be requested by applying to the Provincial Health Directorate.
Is a Fee Charged for Granting Work Permits to Private Security guards?
A one-time license fee is charged for issuing work permits to private security guards and this fee is deposited in the fee property fund. The amounts related to license fees are increased every year according to the revaluation rate to be determined according to the Tax Procedure Law No. 213.
Who is not required to have private security basic training?
Education requirement is not required for those who have retired from the general law enforcement force, those who have left their duties voluntarily after working in this position for at least five years, and those who have graduated from security faculties of universities or security-related vocational schools.
Are Private Security guards Counted as Workers?
Private security guards are considered workers, as they work for wages based on an employment contract in a workplace subject to the Labor Law No. 4857 and are subject to the provisions of the Labor Law.
How Are Those Who Commit Crimes Against Private Security guards Due To Their Duties Punished?
Those who commit crimes against private Security guards due to their duties are punished as if they have committed a crime against a public officer.
How Are Private Security guards Punished If They Commit Crimes In Connection With Their Duties?
Private security guards are punished like a public officer in such cases.
What are the Powers of Private Security guards?
1) Passing those who want to enter the areas where they provide protection and security through the sensitive door, searching these people with a detector, passing the items through the X-ray device or similar security systems.
2) Asking for identity at meetings, concerts, sports competitions, stage shows and similar events, funerals and wedding ceremonies, passing through sensitive doors, searching these people with a detector, passing things through X-ray device or similar security systems.
3) Arrest according to article 90 of the Criminal Procedure Code.
4) Capturing, searching for persons who have a warrant of arrest or conviction in their field of duty.
5) Entering workplaces and residences in the area of duty in case of natural disasters such as fire, earthquake and in case of need for help.
6) In public transportation facilities such as airports, ports, stations, stations and terminals, asking for identification, passing through sensitive doors, searching these people with a detector, passing goods through X-ray equipment or similar security systems.
7) Taking into custody of items that constitute a crime or that may be evidence during searches or that, although not a crime, may pose a danger, provided that it is immediately reported to the general law enforcement officers.
8) Capture for the purpose of protecting a person from an existing danger to his/her body or health.
9) Protection of the crime scene and evidence, for this purpose, arrest according to Article 168 of the Criminal Procedure Code.
10) Using force according to article 981 of the Turkish Civil Code, article 52 of the Code of Obligations, and articles 24 and 25 of the Turkish Penal Code.
With how many people can Private Security guards perform patrol or spot watch?
The fact that private Security guards perform their patrol or point watch duties with a single person in places where protection and security is provided does not constitute a violation of the Law No. 5188 on Private Security Services and its Implementation Regulation. However, it is considered that it would be more appropriate to serve with at least two people in order to provide a healthier protection and security and to ensure the security of life of the patrol or the guard keeping watch in the face of an incident.
When do Private Security guards come under the command of the Civil Administrative Supervisor and the General Law Enforcement Supervisor?
When it is understood that the safety of life and property is or will be seriously endangered in places protected and secured within the scope of private security, the local authorities assign the general law enforcement. In this case, the private Security guards are under the command of the local authority and the general law enforcement officer.
Where Private Security guards Cannot Serve Armed?
In private meetings,
In sports competitions,
They cannot serve as armed in stage shows and similar events,
In education and training institutions, health facilities, gambling establishments, places with alcohol.
How to Penalize a Private Security guard who makes someone else use his/her ID Card?
An administrative fine of one thousand Turkish Liras is imposed.
The work permit of these people is canceled by the governorship.
These people can no longer be private security guards.
How is a Private Security guard Penalized for Using His/ Her Firearm Illegal or Out of Duty?
An administrative fine of one thousand Turkish Liras is imposed.
The work permit of these people is canceled by the governorship.
These people can no longer be private security guards.
What Kind of Action Is Taken to Person(s) Caught or Seized Items or Objects During Searches Made in Public Spaces by Private Security guards?
The persons caught during the search or the confiscated items or objects are delivered to the general law enforcement with a report for legal action.
When Do Private Security guards Wear Vests With the Inscription “Private Security”?
Private security guards; wear a vest with the inscription “private security” reflecting the light on the back of the uniform at night duty, sports competitions, concerts and stage shows.
Can private security guards carry the weapons they use while on duty out of duty? Besides, can they buy licensed guns?
According to the Law No. 5188 on Private Security Services and its Implementation Regulation, private security guards cannot carry or use their weapons outside of their field of duty or when they are not on duty.
In order to obtain a license to carry or possess a weapon, a licensed weapon can be obtained if the conditions required to obtain a license to carry or possess a weapon in the Law No. 6136 on Firearms, Knives and Other Tools and the relevant legislation. However, it is not possible to obtain a carry license due to being private security guards.
Where are the complaints about the Salary and Personal Rights of the Private Security guard reported to?
Since the salaries and personal rights of private Security guards are determined by mutual agreement within the framework of the Labor Law No. 4857, you can forward your application requests to solve them effectively and quickly these complaints to the Ministry of Labor and Social Security and the Regional Directorates affiliated to this Ministry or by calling the Labor and Social Security Communication Center ALO 170 line for questions, suggestions, criticism, denunciation, complaints and questions.
Can Private Security guards Be Employed in Other Jobs Apart from the Security and Protection Service? What Happens If They Are Employed?
Article 16 of the Law No. 5188 titled “Prohibition of Working Out of Duty” states that “Private security personnel cannot be employed in any other job other than the protection and security services specified in the Law”. The name, address and place of service of the company that violates this provision shall be submitted to the relevant provincial governorship or, if it is notified to our Ministry in writing, penal action may be imposed within the framework of the provision of subparagraph e of Article 20 of the Law, “Persons, institutions and organizations that employ private security guards in a job other than protection and security services, for each action of one thousand Turkish Liras penalty will be applied”.
Can a Private Security guard Carry a Long Barrel Gun?
If the nature of the task requires possessing and carrying a long-barreled weapon, the quality and number of the long-barreled weapon shall be determined by the Commission, by taking the opinion of the General Staff on this matter by the governorships.
How Are Firearms Delivered to Private Security guards?
Firearms kept in the duty area is recorded in the “Transfer and Report Book” each page approved by the managers and delivered to the private security guards against signature.
Why is Private Security Liability Insurance Made? Can Compensation Be Obtained in Cases such as Death, Injury, Injury During the Duty?
Private security liability insurance is made in order to indemnify the damages caused by private Security guards to third parties.
For private security guards or their legal heirs who are injured, become disables or died while performing their duties; indemnity is paid, whichever of the compensation amounts specified in the employment contract, collective bargaining agreement or the Law on Cash Compensation and Pensions No. 2330 is higher.
How to Cancel the Private Security guard’s Work Permit?
If it is determined that any of the conditions sought for private security guards have been lost, the work permit will be canceled by the Governorship/Ministry.
What are the Duties of the Private Security Commission?
Deciding to employ private security personnel or to provide security by purchasing services from private security companies upon the request of the person who needs protection due to his/her job or position.
Deciding to ensure the security of the workplace, employees and facilities by establishing a private security unit or purchasing services from private security companies, upon the request of institutions and organizations.
To determine the maximum number of personnel to perform the private security service, the quantity and quality of weapons and equipment that can be kept or carried, and the physical and armed security measures to be taken by individuals, private security units or private security companies when necessary.
To determine the number and quality of weapons that can be kept or carried in private education institutions to be used in the transportation of money and valuables or to be used in temporary protection and security services, and to be used in training.
To take restrictive decisions, when necessary, in order to protect public freedoms in private security services provided in public or public places such as the transfer of money and valuables or funerals.
To decide on the requests regarding the termination of the private security practice.
To decide on the measures to be taken upon the request of the Governor as a result of the inspection regarding private security activities.
To discuss and decide on other matters specified in the law and regulation, as well as the issues requested to be discussed by the Governor.
How is Private Security Permit Application Evaluated?
After the necessary examination is made by the Governor’s Office regarding the private security request, the Commission decides whether to grant a private security permit, the method of providing private security, the maximum number of personnel to perform the private security service, and the maximum number of weapons to be kept or carried for this purpose.
In Which Situations Is Private Security Permission Not Granted?
In cases where protection within the scope of general security is possible or the application of private protection and security is deemed inconvenient in terms of protecting public freedoms, it is decided not to grant a private security permit and the reason for this decision is also stated.
How to Terminate Private Security Permit?
Private security permit, except temporary cases, can be terminated with the decision of the commission and the approval of the Governor, provided that it is applied at least one month before.
What are the Documents Required and Required Conditions for Private Security Activity Permit?
Copy from the trade registry gazette, in which the company’s articles of association are published,
T.R. Identity Number and signature circular of shareholders and managers,
Authorization certificate from the board of shareholders for the managers who will represent the company,
A diploma or a document that replaces a diploma certifying that the managers are graduated from a four-year college,
Private security basic training certificate for managers.
The company’s shares being registered,
The company’s field of activity must be exclusively protection and security service.
Can Private Security Activity Permit Application Documents be sent by post?
If the documents to be sent by the private security company and private security training institutions are sent by mail, it must be submitted to the Incoming Documents Office of the General Directorate of Security Archive and Documentation Department, if it is delivered by hand, with a petition addressed to the General Directorate of Security.
What Conditions Are Required for Founders of Private Security Companies?
The following conditions are sought for the founders of private security companies:
Being a citizen of the Republic of Turkey.
In clause (d) of Article 10 of Law No. 5188, to meet the conditions that “Even if the periods specified in Article 53 of the Turkish Penal Code have passed; not to be sentenced to heavy imprisonment or imprisonment for a period of one year or longer, or, even though he benefited from a pardon, not being convicted of crimes against the constitutional order and the functioning of this order, crimes against sexual immunity, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging the performance of the act, laundering the assets arising from crime, smuggling or prostitution crimes.”
What is the Process of Preparation of Private Security Company Activity Permit?
In case there is a legal person among the founders of the company, it is essential that the person representing the legal entity fulfills the conditions required by the law for the real person founders.
After examining the information and documents, a security investigation is made against the founders and managers of companies that are found to meet the conditions stipulated in the Law.
As a result of the investigation, following the payment of the license fee to the companies that are entitled to obtain an operating permit, a private security company operating permit is issued.
In What Way Are Those Who Engage in Private Security Activities Without Obtaining an Operating Permit?
The founders and directors of companies that engage in private security activities without obtaining an operating permit are sentenced to imprisonment from three months to one year and a judicial fine of up to five thousand days. In addition, people who are punished in this way can no longer be founders and managers in private security companies and educational institutions.
What Information Is Included in the Contract to be made for the Protection and Security Services to be Provided by Private Security Companies to Persons, Institutions and Organizations?
In these contracts;
The name of the person, institution or organization that will receive the service,
Address,
Scope of service,
Number of employees,
The duration of the service and other issues are specified.
Is the notification of the service contract regarding the Protection and Security Service to be Provided to Third Parties, Institutions and Organizations by Private Security Companies?
A copy of the service contract is given to the governorship by the relevant company until the end of the working hours on the day the protection and security service starts.
What are the Actions Taken in Case of Loss of the Conditions Required for Founders and Managers?
If the conditions sought for the founders and directors are lost, if the deficiency is not corrected within two months or if the founders and directors are not replaced, the operating license is revoked.
Can a Foreign Company Provide Private Security Services in Turkey?
Providing private security services in Turkey by foreign company; is subject to having a foreign partner in a company established in Turkey, employment of foreign nationals as specialist trainers in a private security training institution, namely reciprocity.
The Ministry of Foreign Affairs is asked whether reciprocity exists in this area.
Do Security Personnel Employed and Leaving Work Have to be Reported to the Governor’s Office?
Private security guards who are employed by individuals, organizations and companies or leave their duties for any reason are notified to the governorship within fifteen days.
Where and when do Private Security Companies submit their Unit Protection and Security Plans?
Private security units and Private security companies;
Submit a copy of the protection and security plans for the facilities and areas where they will provide security services to the Governor’s Office within thirty days.
The governorship may request changes in the protection and security plans or that the deficiencies in the plan be corrected within thirty days.
Where is the Application for Permission for Establishing and Monitoring an Alarm Monitoring Center and What are the Required Documents?
In the application to the Governor’s Office;
Criminal records of the founders and directors,
Copy of identity card and residence documents of the founders and directors,
A copy of the diploma or equivalent document certifying that the managers are graduated from a four-year college,
Authorization certificate for the managers who will represent the alarm monitoring center,
Private security basic training certificate of managers (related document from those who have worked in general law enforcement units before),
Letter of undertaking regarding the suitability of the technical equipment to be used in the alarm center.
What Should a Private Security Company Do to Open an Alarm Monitoring Center?
Private security companies that will set up an alarm monitoring center must obtain an operating permit from the Governor’s Office.
How Are Firearms Under the Law No. 5188 Procured?
Upon the decision of the commission, the person or facility that has been granted a private security permit is authorized by the Governor’s Office to purchase firearms.
Firearms are procured from the surplus weapons of private security units, surplus, non-standard, hard-buy weapons of public institutions and organizations, from the Machinery and Chemical Industry Institution or in accordance with general provisions.
How Are Firearms Kept in Private Security Training Institutions, Companies and Units?
It is obligatory to keep firearms, their cartridges and installations in special rooms, safes or cabinets with iron belts and reinforcement locks.
Persons or organizations authorized by private security are responsible for their preservation.
How is the private security uniform catalog charged and to which account is the fee deposited?
The logo, emblem, etc. to be used by the company in the catalog are photographed on a single page as close-ups, and the clothes are photographed from four sides, one for each page. Logo, emblem, etc. are charged 5 (five) TL per page, and clothes are charged 5 (five) TL for each of the four fronts (four pages).
You can deposit into account number 80000014 of Halk Bank Gölbaşı Branch Police Academy by hand or via EFT.
How to Determine the Uniform and Equipment to be Used by Private Security guards, Are There Any Limitations?
Uniform and its complementary elements and equipment;
After being determined by the private security units, it is submitted to the approval of the Commission. The uniform includes the company’s identifying name, sign or logo.
The uniform to be used by private security companies, the elements that complement the uniform and the equipment are approved by the Ministry of Interior.
The uniform to be worn by Private Security guards and other elements that complement the uniform cannot be in the color, form and motif used in the Turkish Armed Forces, general law enforcement and private law enforcement agencies established by law.
Can photographs be added to the private security uniform catalog?
No additions or additions with different dates are made to the approved catalogue. The catalog needs to be prepared again.
What is Private Security Unit?
The unit established within its own body to ensure the security of a person, institution or organization is called a private security unit.
Can a Person, Institution or Organization with a Private Security Unit also have another company provide the security service?
The fact that a private security unit has been established within the body of a person, institution or organization does not prevent the purchase of protection and security services from a private security company.
Is There a Notification Obligation for Personnel Employed in Private Security Units?
The list of Private Security guards employed in private security units and a copy of each of the Private security liability insurance policies are given to the Governor’s Office within fifteen days from the date of employment of the personnel.
How Are Those Who Employ Private Security guards Without Having Private Security Financial Liability Insurance Punished?
Person who employs private security guard without having private security financial liability insurance; managers of institutions, organizations or companies are punished with a judicial fine of one hundred and fifty days for each person they employ.
How are those who employ people who do not have a work permit as a private Security guard punished?
Persons, institutions, organizations or companies that employ private security guards are punished with imprisonment from three months to one year.
In case these persons are employed as armed, the penalty to be imposed is increased by one fold.
In case this crime is committed within the framework of the activity of a legal person, security measures specific to them are also imposed.
How Are Those Who Form Private Security Units Without Permission Penalized?
Managers of individuals, institutions and organizations that form a private security unit without obtaining permission are sentenced to imprisonment from three months to one year and a judicial fine of up to five thousand days.
How are those who employ a private security guard without a private security permit punished?
Persons or managers of organizations that employ private security guards without obtaining a private security permit are punished with imprisonment from three months to one year or a judicial fine.
When will the private security ID cards, whose shape has been changed with the change in the regulation, be distributed?
As the work on the printing of new private security identity cards continues, work continues with the existing identity cards. When the work is completed, the necessary announcement will be made to the relevant persons, and private Security guards working with the former identity card will have to apply to the Private Security Branch Directorate affiliated to the Provincial Security Directorate and change their old identity cards when a new one is issued.
(For more detailed information, you can contact our experts by calling 0 312 418 00 67.)
