Law No. 5188

The Regulation for the Application of the Law

Private Security Regulation No. 5188

From the Ministry of Internal Affairs:

Regulation Related with the Application of the Law on Private Security Services
PART ONE
General Provisions

Purpose
Article 1- The aim of this Regulation is to regulate the procedures and principles aimed at the application of the Law No. 5188 dated 10/6/2004 on Private Security Services.
Scope
Article 2- This Regulation covers the granting of private security permit in the scope of the Law no. 5188, granting activity permit to the private security companies and private training institutions, granting work permit to private security officials, the nature, curriculum of the private security training, the conditions to be sought at the trainers and training centers and the procedures and principles related with the determination of qualification as a result of training, the auditing of private security services and other matters.

Legal Basis
Article 3- This Regulation has been prepared based on article 26 of the Law No. 5188 dated 10/6/2004 on Private Security Services.

Definitions
Article 4- The terms used in this Regulation shall means as following;
Law: Law No. 5188 on Private Security Services,
Ministry: Ministry of Internal Affairs,
Committee: The private security committee in each province comprised of representatives of provincial security directorate, provincial gendarmerie command, chamber of trade presidency and chamber of industry presidency, under the chairmanship of the governor deputy,
Central Exam Committee: The committee comprised of five persons under the chairmanship of a civilian administration chief to be determined by the Ministry, where one of the members will be from the Gendarmerie General Command, to execute the written and applied exams to be made as a result of private security training,
Applied Exam Committee: The committee(s) comprised of at least 3 persons to be gathered by the governor to execute the applied exams to be made at the provinces as a result of the private security training,
Private security unit: The unit established under the structure of an institution or enterprise to assure its own safety / security,
Private security company: The companies established according to the Turkish Commerce Code and that provides guarding and security services to third parties,
Private training institution: The training institutions established with the permit of the Ministry to provide private security training to the private security officers and manager candidates,
Alarm center: The enterprises that monitor residences, workplaces and facilities by using technical hardware to ensure the security thereof,
Manager: The managers with the authority and responsibility to order and command the private security officers at the private security companies, determine and change the security measures to be taken, their place, order and timing; and the managers responsible from training at the private security training institutions,

Private security officer: The persons that are employed to perform private guarding and security services in the scope of this Law.


PART TWO
Private Security Committee and Duties

Private Security Committee
Article 5- Private security committee in each province is comprised of representatives of provincial security directorate, provincial gendarmerie command, chamber of trade presidency and chamber of industry presidency, under the chairmanship of the governor deputy. 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 convenes with the summoning of the chairman in necessary situations. The Committee convenes by one person more than half of the full number of members and takes its decisions with vote majority. In case the votes are equal, the side that the chairman is on is deemed as the majority and abstaining votes are not allowed. The representative of the person or institution that has applied for obtaining private security permit attends the related committee meeting. The Committee decisions are signed by the chairman and members and recorded and the Decision Book.
Other than for the exceptional cases indicated at article 3 of the Law, private security permit cannot be granted by the governor without the affirmative decision of the Committee.


Duties of the Private Security Committee
Article 6- The duties of the Private security committee are follows:
a) To decide on assuring security by employing private security personnel or purchasing service from private security companies based on the request of a person requiring protection due to his/her work or status,
b) To decide on assuring security by establishing a private security unit for workplaces, employees and facilities or purchasing service from private security companies based on the request of a institutions and enterprises,
c) To determine the maximum number of personnel to perform private security service, the maximum amount and nature of the weapon and equipment that the guarding and security service personnel can possess or carry and the other physical and instrumental security precautions that the private security units or private security companies will take,
d) To determine the number and nature of the weapons that can be possessed or carried by private security companies to be used at money or valuable commodity transfer or temporary guarding and security service or by the private training institutions to be used at training,
e) To determine the area where the guarding and security service will be performed and expand the field of duty in obligatory cases,
f) To take limiting decisions when necessary for the aim of the protection of public freedom at the private security services provided at public locations such as money and valuable commodity transfer or funeral service,
g) To decide on the requests for the termination of private security application,
h) To decide on the precautions to be taken based on the request of the governor as a result of the audit made for the private security activities,

i) To discuss and decide on other matters indicated at the Law and Regulation and the topics requested by the governor to be discussed.


PART THREE
Granting of Permits related with Private Security

Private Security
Article 7- Private security can be provided in the scope of the Law by employing private security officers by persons; establishing private security units under the structure of institutions and enterprises or purchasing service from private security companies. The method of provision of the private security service shall be determined by the persons and institutions.

Private Security Permit
Article 8- At their application to be made to the governorship for private security permit, the persons and institutions shall indicate the subject of the private security service, the method of performance of the private security, with maximum how many personnel will be used to perform the service, the amount and nature of the required weapons and equipment if any.
After the necessary investigation is made by the governorship related to the private security request, the Committee decides whether to grant the private security permit or not, the method of performance of the private security, with maximum how many personnel will be used to perform the service, the maximum amount and nature of the weapons and equipment to be possessed and carried for this purpose.
In cases where it is determined that protection is possible in the scope of general security or the private guarding and security application would be objectionable in terms of the protection of public freedoms, it is decided not to grant private security permit and the justification of this decision is also indicated.
The decisions of the committee regarding granting private security permit or not are presented to the approval of the governor. For the persons and institutions to which private security permit is granted, the Private Security Permit Certificate at Annex-1 is issued.
The list of the private security personnel employed at the private security units and a copy of each of the private security financial liabilities insurance policies shall be submitted to the governorship within fifteen days as of the commissioning of the personnel.


Private Security Permit in case of Temporary and Emergency States
Article 9- Private security permit can be granted by the governor in temporary or emergent situations such meeting, concert, stage shows and similar activities; money or valuable commodity transfer.
In emergent and temporary cases, the private security permit is taken by the security company to provide the service. At the application for the permit, the area where guarding and security service will be given, the private security officers to be employed and the equipment to be used shall be stated. A security plan might be requested by the governorship depending on the property and importance of the service.
Should the measures foreseen by the relevant company to ensure security is deemed as insufficient, the governorship is authorized to request for the taking of additional measures or the modification of the security plan.
If the subject of the permit is money or valuable commodity transfer, the weapons to be carried and the vehicles to be used should also be stated in the application letter.
Private security permit is not taken for the money transfers to be performed by the private security units of the banks.


Activity Permit and Termination
Article 10- The companies obtain activity permit from the Ministry to provide guarding and security service to third parties. 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.
At the applications to be made to the Ministry for private security activity permit, a copy of the following documents is attached to the application letter:
a) a copy of the trade registry gazette where the company’s articles of association has been published,
b) ID card copies of the shareholders and manages, authorized signatories and residence certificate,
c) Power of attorney for the managers to represent the company,
d) Criminal records of the shareholders and managers,
e) Diploma or equivalent certificates evidencing that the managers are a graduate of a four-year high school,
f) The private security basic training certificate of the managers.
In case here is a judicial entity among the company founders, the person to represent that judicial entity must also bear the conditions sought in the Law for real person founders.
After the examination of the information and documents, a security investigation is made for the founder and managers of the companies who are found to bear the conditions sought at the Law.
The companies that have been entitled to obtain an activity permit as a result of the investigation have to deposit the license fee and then “Private Security Company Activity Permit Certificate”, of which a template is present at Annex-2, is issued for the company.
The private security companies that want to open an alarm center or private training institution need to obtain a separate permit for each of these.
A written contract is prepared for the guarding and security services to be provided to persons and institutions by private security companies. In these contract; the name of the person or institution to receive the service, their address, scope of the service, number of personnel, service duration and other issues are stated. A copy of the service contract is submitted to the governorship by the related company at least one week before the guarding and security service is commenced. Moreover, the list of the private security personnel employed and a copy of each of the private security financial liabilities insurance policies shall be submitted to the governorship within fifteen days as of the commissioning of the personnel.
The private security companies also inform the governorship whether the managers and private security personnel maintain the conditions indicated at the Law or not.
The ones that have established private security unit under their structure or the ones making the private security services done by the hand of companies by having obtained a private security permit as per the Law’s provisions can terminate he private security application with the decision of the Committee and the approval of the Governor provided that they apply at least one month beforehand.


Foreigners
Article 11- A foreign company providing private security service in Turkey, there being a foreign partner in a company established in Turkey or the employment of foreign citizen persons as expert trainer in a private security training institution are subject to the conditions stated at Law as per the reciprocity principles. The question of whether or not there is reciprocity in this area shall be inquired through the Ministry of Foreign Affairs.

Guarding and Security Plans
Article 12- The private security units and private security companies shall submit the governorship within thirty days their guarding and security plans for the facilities and areas to where they are to provide security service in the scope of this Regulation. The governorship might request for the guarding and security plans to be modified or the inadequacies at the plan to be eliminated within thirty days.

Authority of the Civilian administration Chiefs
Article 13- The civilian administration chiefs are authorized to inspect the private security application and private security measures for the aim of protecting the life and property safety of the public and the preservation of public freedoms, remove the applications that go beyond the authority of the private security officers, to request for the modification of the taken security measures or to request to take additional measures. In relation to ensuring security in sports competitions, the authorities granted to the provincial and district sports security boards by the Law no. 5149 on the Prevention of Violence and Disorder and Sports Competitions of 28/4/2004 are reserved.
In cases where the general security or public order deteriorates within the assignment fields of the private security officers and managers, they should immediately inform this situation to the police.
When it is understood that life and property safety is or will be in serious risk at the places guarded and secured in the scope of private security service, the civilian administration chiefs commission the police forces. In this case, the private security officers are placed under the order of the civilian administration chide and police forces chief.
Audit, surveillance and control service cannot be given for the aim of life and property security provision, under whatsoever title, outside the scope of the Law and this Regulation.


Making Preventive Search
Article 14- In order to ensure life and property safety and public order, prevent committing of crime, detection of any kind of weapon, explosives or articles banned to be possessed or carried in his/her field of assignment, he/she can make search with detector, x-ray device or, in case stated at law, body searching.
Body searching in public areas will be done according to the provisions of the Judicial and Prevention Searches Regulation published at the 24/5/2003 dated and 25117 numbered Official Gazette. The body searches to be made in these areas by the private security officers will be performed under the audit and surveillance of police forces. The persons caught or articles and objects seized during search shall be delivered to the police forces with a written minutes for the legal actions.
The search is performed by the same gender officer of the searched person.


Liability to Help in case of Natural Disasters
Article 15- The private security officers are obliged to help the search and rescue officers in cases of natural disasters such as fire, earthquake and flood to occur within the assignment field.

Seizing the Crime
Article 16- The private security units and officers are commissioned and authorized to seize the crime when a crime is encountered in the assignment area, prevent the continuance of the crime, detection and catching the suspect, preserve the event place and crime evidences and deliver these to the police forces. These officers help the police forces in the investigation and evidence collection activities in case the forces request, after the police forces seize the event.

Permit to Employ Private Security Officer
Article 17- The applications to be made for work permit of private security officers should be accompanied with the following documents:
a) Diploma photocopy,
b) ID card photocopy,
c) Criminal record certificate,
d) Four ea small-size photograph
e) Health report,
f) Private security basic training certificate.
For the applicants, whose security investigation turns out to be positive, “Private Security Officer ID Card”, conforming to the template in Annex-3 is granted valid for five years provided that they deposit the license fee. The work permit period is stated at the ID Card. In case it is determined that the private security officer loses any one of the conditions sought, his/her work permit is cancelled by the governorship.
The security investigation can also be made while the private security training is continuing. In this case, the private security basic training certificate is not requested among the application documents.
Only archive investigation is made for the private security officers who will be commissioned as unarmed.
As for those who are retired from the police forces and those who resigned from the police forces by their own will after at least five years of active service, the private security basic training is not required for a period of five years after retirement or resignation.
The graduates of the existing security departments or higher vocational schools of the universities, or of those security departments or higher vocational schools that may be launched within the universities in the future shall be exempt from the requirement of the private security basic training (not from the gun training) for a period of five years after graduation.
The officers indicated at paragraphs 5 and 6 are granted private security work permit for 5 years provided that they apply for its within the 5-year exemption period granted to them related to private security basic training. At the end of this period, only renewal training certificate is requested from these officers.


Health Conditions
Article 18- To grant private security officer work permit, a health report with an expression of “can be become a private security officer” taken from a hospital or a qualified health institution, as to cover the following issues is requested besides the conditions sought at article 10 of the Law.
a) Psychiatry: Not having any psychiatric disease or personality disorder (psychopath); not being alcohol or drug addict.
b) Neurology: Not having any neurological disease to prevent the performance of private security service.
c) Eye: Not being blind, night blind or color blind.
d) Ear Nose Throat (KBB): Not having any hearing loss to prevent the performance of private security service.
e) Orthopedics: Not having any advanced level movement restriction in the muscle or skeleton system.

Renewal of the Work Permit
Article 19- Work permit shall be valid for a period of five years as of the issue date of the ID card. To renew the work permit at the end of this period, the private security offices are requested to submit a new health report, criminal record and private security renewal training certificate. Before renewing the work permit, a new archive investigation and security investigation is made regarding the private security officer.
It is written on the ID card that the work permit has been renewed.


Informing Private security Officers
Article 20- The private security officers that have been employed or released for whatsoever reason by persons, institutions and companies are informed to the governorship within fifteen days. If the private security service is being made by the hand of companies, the person and institutions do not have a separate informing liability.

ID Card
Article 21- At the Identification card given to the private security officers by the governorship, the name surname and armed status of the officer is written. The ID card is hung to the collar in a manner that can be seen by everyone within the assignment place and duration. In case the ID card is lost, the employer forthwith notifies this situation to the governorship.

Uniform and Equipment
Article 22- The uniform to be worn by the private security officers and other elements complementing the uniform cannot be in the same color, form and motif used by the Turkish Armed Forces, police forces and private police forces established by the laws. After the uniform, the complementing elements thereof and the equipment is determined by the private security units, these are submitted to the approval of the Committee. The uniform shall bear a name, mark or logo to define the company. The uniform, the complementing elements thereof and the equipment to be used by the private security companies shall be approved by the Ministry.
During their night duties, sports competitions, concerts and stage shows, the private security officers wear a vest, of which a template is shown in Annex-4, on which “ÖZEL GÜVENLİK” (Private Security) expression is written at the back with light reflecting letters.


Alarm Centers
Article 23- Permit for the setting up of an alarm center and for monitoring is given by the governorships. A copy of the following documents shall be attached to the application to be made to the governorship for alarm center establishment and monitoring permit.
a) Criminal records of the founder and managers,
b) ID card copies of the founder and manages and their residence certificates,
c) Diploma or equivalent certificates evidencing that the managers are a graduate of a four-year high school,
d) Power of attorney for the managers to represent the alarm center,
e) The private security basic training certificate of the managers (if they have formerly worked at the police forces, a document evidencing this situation),
f) A letter of commitment for the conformity of the technical equipment to be used at the alarm center.
A security inquiry is conducted regarding administrators of the companies which are understood to satisfy the necessary qualifications following the examination of the information and documents regarding the application to be filed with the governorship for the setting up an alarm system and monitoring.
In the event that the results of the inquiry are positive, a “Permit for the Setting up an Alarm System and Monitoring" is issued according to the template at Annex-5. The permits for the Setting up of Alarm Systems and Monitoring given by the competent authorities before the date of entry into force of the Law shall be in force for the relevant periods.

Alarm centers consider the alarms given during the continuous tracking and monitoring through the alarm systems and notify technically approved alarms to the police forces in the relevant zone as soon



PART FOUR
Firearms

Granting Permit to Possess and Carry a Weapon
Article 24- Physical measures and security equipment come first in the provision of guarding and security. Conforming to the proportionality principle, the Committee may permit for the use of the chemicals that do not have permanent impact on living beings. Should it be understood that these measures will not suffice due to the nature of the assignment, the Committee can decide for the possession and carrying of semi-automatic guns possible to be licensed according to the Law no. 6136 on the Firearms, Knives and Other Tools of 10/7/1953 and hunt weapons in the scope of the Law no. 2521 of 11/9/1981. The quantity and nature of these weapons are indicated at the Committee decision.
At the private security officers who are to possess firearms in their assignment areas, the conditions stated at the Law no. 6136 and the regulation for the application of that Law shall be sought.


Provision of Weapons
Article 25- Based on the Committee decision, the person or facility to which private security permit had been granted, is given the authority to buy firearms. The firearms are obtained form the extra stock of the public institutions and agencies, non-standard, forcibly seized weapons, Machine Chemistry Industry Institution or according to the general provisions. It is obligatory that the firearms, the cartridge and installations thereof to be kept at a special room, strongbox or iron belted and reinforcement locked closets. The preservation of these items is under the responsibility of the authorities of the person or institutions that have obtained private security permit.

Weapons Other than Gun
Article 26- If the nature of the assignment requires the possession and carrying of long barrel weapons, the opinion of the General Staff is taken on this subject by the governorship and the quantity and nature of the long barrel weapons shall be determined by the Committee.

Registration of Weapons
Article 27- Every kind of firearm permitted to be possessed and carried shall be entered to the “Weapon Possession Log Book” by the Committee according to the template at Annex-6.
The firearms shall be recorded to the “Weapon Inventory Book” by the person or institutions that have obtained private security permit according to the template at Annex-7. The firearms preserved at the assignment field shall be delivered to the private security officers against their signature to the “Delivery Take-over and Report Book” having a template at Annex-8 and of which each page is approved by the managers. The private security officers cannot take the firearms outside their assignment fields other than the exceptions indicated at the Law.


Carrying and Possessing Certificate
Article 28- For each firearm, “Private security Weapon Possession / Carrying Certificate” is issued as per Annex-9. The private security officer to perform duty with this weapon must carry this certificate as well together with his/her ID card and assignment certificate.

Cartridge Provision and Transport
Article 29- It is permitted to take twenty five cartridges for every weapon permitted to be possessed and carried. The quantity of cartridges can be increased with the decision of the Committee and the approval of the governorship depending on the place and nature of assignment. It is permitted to complete the missing cartridges used during duty and of which the quantity that have been determined with a written report.
The cartridges to be used in firearm training are not subject to this limitation. The police permits the persons and institution to give shooting training to the personnel outside the programmed trainings to take cartridges when they request.
The transport of the weapons and cartridges used in the private security services shall be done according to the Regulations related with the Production, Import, Transport, Storage, Sales, Use, Destruction, Auditing Procedures and Principles for the Non-Monopoly Explosive Articles, Hunting Material and Similar Items no. 87/12028 of 14/8/1987.


Transfer of Weapons and Cartridges
Article 30- The weapons and cartridges of the persons and institutions whose private security permit or weapon possession and carrying permit has been cancelled or that have notified regarding the existence of beyond the requirement are transferred according to the general provisions. If the transfer does not occur in six months, the person or institution to whom the weapon belongs must apply for a license as per the Law no. 6136 within the following two months. The weapons that have not been licensed within this period are transited to the judicial bodies to be confiscated.
Rifles and fully automatic guns can be transferred or donated to the police forces or given to the Machine Chemistry Industry Institution by the governorship to be destructed.
An expertise report is obtained from the Regional Criminal Police Laboratory for all the weapons to be transferred, donated, destructed or sold.


PART FIVE
Private Security Training

Private Security Training and Permit
Article 31- The private security basic training and renewal training is conducted by private training institutions that have obtained activity permit from the Ministry. A copy of the following documents shall be attached to the application to be made to the Ministry for private security training permit:
a) The address, title deed or lease contract of the facility where the training will be conducted,
b) Utilization permit for the building or the letter obtained from the municipality regarding the fact that there is  no scientific objection in opening a training institution,
c) Criminal records of the founder and managers,
d) ID card copies and residence certificates of the founder, managers and expert instructors,
e) Diploma or equivalent certificates evidencing that the managers are a graduate of a four-year high school,
f) Power of attorney for the managers to represent the training institution,
g) The private security basic training certificate of the managers (if they have formerly worked at the police forces, a document evidencing this situation).


Evaluation of the Applications
Article 32- After it is understood that the information and documents have been delivered completely, an investigation committee is commissioned comprised of three persons under the chairmanship of a person at the rank of security director at the province where the training center is to be located. This committee investigates whether the facility is fit for giving private security training, whether the training tools, instruments and equipment are sufficient, whether necessary precautions have been taken against fire, whether the information and documents reflect the truth; and then prepare a report as to whether a training center can be opened at the indicated place or not.
As with the receipt of the application, a security investigation is commenced regarding the manager of the training institution to be opened.
“Private security Training Institution Activity Permit Certificate” is issued as per the template at Annex-10 for the private security training institutions whose investigation and research results turn out to be positive after they deposit the license fee.


Training Program
Article 33- The candidates taken to private security training are subject to a minimum one hundred and twenty hours of training. Thirty hours of the training is allocated to weapon and shooting training. The private security officers who will be unarmed do not need to take weapon and shooting training. The basic training of these officers are arranged as not to be less than ninety hours.
The courses to be taught at the private security basic training, the minimum course hours, the qualifications of the expert instructors are shown at the table in Annex-11.
The private security officials to be employed at the airports and airfields must take field courses and Drug Substance Information course and the private security officials to be employed at the sea ports must take Sea Port Security and Drug Substance Information courses.
Depending on the property of the institution and facilities where the private security officials will work, additional subjects may be included to the program by the training institution.
The ones employing private security officers are obliged to ensure the continuity of the physical adequacy of the personnel along the assignment duration.
Weapon Knowledge and Shooting class applications and all the weapon shooting trainings are done at a polygon environment. If the private training institutions do not have their own shooting polygon, they can benefit from the shooting polygons of private persons or police forces. These institutions inform the Ministry about the shooting polygon to be used for shooting training within fifteen days after the commencement of the training activity.
Security Systems course can also be given at the areas where security equipment are installed.


Renewal Training
Article 34- It is requested from the private security officials to obtain private security renewal training certificate to renew their work permit at the end of the five-year work permit. Likewise, the managers of the private security companies and the private training institutions must receive renewal training and submit the renewal training certificate to the Ministry every five years.
The renewal training is comprised of sixty course hours. Theoretical and applied courses are prepared by the related training institution by selecting among the basic training subjects. The courses cover the latest advancements and the legal interpretations in the training subjects as well. Twenty hours of the renewal training is allocated to weapon training.
The other provisions coming from international contracts for the renewal training of the private security officers commissioned at the airport and sea ports are reserved.
After the renewal training, the ones succeeding from the written and applied exam are issued with a private security renewal training certificate. The ones applying for the exam must submit the private security renewal training attendance chart.


Obligation to Attend the Training Courses
Article 35- The candidates must attend to at least two thirds of the courses given during the private security training. An attendance chart is prepared by the private training institutions for the candidates showing their attendance status to the classes. The ones that do not attend more than 10% of the classes without an acceptable excuse are expelled from the course.

Exam
Article 36- The ones completing the private security basic training are subjected to written and applied exams.
The training course attendance chart is requested form the candidates to be accepted to the exam.
The written exam is conducted in the provinces with the questions prepared by the central exam committee.
The written exam observers at the quantity determined by the Ministry and the personnel to be commissioned at the applied exam committees to be conducted at the provinces shall be determined by the governorship.


Written Exam
Article 37- The written exam questions are prepared by the Central Exam Committee. The place, date, application period, the documents requested at applications and the other issues related with the written exam is announced at least fifteen days beforehand by being determined by the Committee.
The written exam results are prepared according to the weight of the training subjects and as to cover all the subjects, and is made in the form of multiple choice.


Applied Exam
Article 38- The applied exam is given right after the written exam. If the number of candidates to participate to the exam is high, multiple applied exam committees can be formed, and/or if the exam cannot be finished on the same day, it can be completed in the following days. The exam covers two stages comprised of the measurement of the weapon knowledge and shooting abilities of the candidates. The exam score, out of a hundred is given half from weapon knowledge and half from shooting ability.

Evaluation of the Exam Results
Article 39- The success score of the candidates are determined by taking the arithmetic average of the scores they obtained from the written and applied exam. For the success scope of the candidates to be determined as sufficient, the exam average should be minimum sixty and each of the written and applied exam scores should be at least fifty.
The candidates that could not obtain the sufficient success at the exams can participate to three consecutive exams without re-continuing to the private training course. However, if this candidate could not succeed or is deemed to have been unsuccessful at all these three exams as well must re-continue the private training course.
The exams of the private security officers to perform their duties as unarmed are only comprised of a written exam. The candidates that get minimum sixty from this exam are deemed as successful.
In the determination of qualification as a result of renewal training, the provisions applied for the basic training shall be applied.


The Wage to be Paid to the Persons Commissioned at the Exams
Article 40- The members of the exam committee members, the personnel conducting surveillance and assessment at the exams are paid course wage according to the Principles Regarding the Determination of the Number of Course Hours to be Given against Monthly Wage and Fee at In-Service Trainings, Educational Institutions and Every Degree of Training Bound to the Security General Directorate, the Qualification of the Course Instructors and Other Matters that has been enacted as per the 19/9/1987 dated and 87/12002 numbered decision of the Board of Ministers:

Private security Training Certificate
Article 41– The candidates with a success score of sixty and above from the private security training receive a “Private security Training Certificate” as per Annex-12 from the training institution and this certificate is approved by the Committee. 
The private security basic training and private security renewal training certificates are valid for a period of five years.


The Course Material to be used at Training
Article 42- The publications to be used at the private security training should be among the publications recommended according to the Publication Regulation of Security General Directorate. This condition is not sought for the material used as course book and equipment in universities.

Sufficient equipment is kept ready for the applied courses.


PART SIX

Audit
Article 43- The Ministry and governorships can audit the private security companies, private security units and private training institutions at any time to see whether the provisions of this Law and Regulation are being fulfilled, whether prohibited application and acts are being done and whether activity is conducted outside the purpose.
In the audit of the airports and sea ports, it is considered whether the provisions of the international treaties and the Regulation no. 97/9707 on the Ensuring of Security at Civil Airports, Harbors and Border Gates, Execution of the Duties and Services of 25/7/1997.


Scope of the Audit
Article 44- During the audit, it is examined whether the activity permit and personnel’s work permits are valid; whether financial liability insurance has been made for the private security officers; whether the contracts related to the guarding and security services given to third parties are prepared as per the procedures and whether these contracts are informed to the governorship in a timely manner; whether field of duty is complied with; whether the weapon and equipment are licensed and whether they are being preserved as per the procedures; whether the records and books are kept properly; whether the training services are executed as per the provisions of this Regulation; whether the provision of the Law and this Regulation are applied and whether ac activity is conducted outside the purpose.

Monitoring the Audit Result
Article 45-  A copy of the report issued as a result of the audit is kept at the dossier of the audited unit, the other copy is sent to the governorship, and if related, another copy is presented to the Ministry.
The deficiencies determined as a result of the audit is informed in writing to the related person, institution, agency or company and minimum seven days is granted to eliminate these deficiencies depending on the nature thereof. If the deficiencies are not eliminated at the end of this period or if criminal applications are determined as a result of the audit, the penalties indicated at article 19 and 20 of the Law are applied.
Moreover, the activity permit of the companies or private training institutions who are found to act outside its purpose or transformed into a source of crime is annulled by the Ministry.


Applying Administrative Monetary Penalties
Article 46- In the cases indicated at article 20 of the Law, provided that the written minutes related with the crime are attached, the related person and institution is granted seven days to give its defense. For the ones whose defense is found to be insufficient, administrative monetary penalty is given with the approval of the district governor in districts and the governor in the provinces.
The approvals regarding the monetary penalties are sent within seven days to the supply directorate at the districts and to the financial offices in the provinces.
The administrative monetary penalties foreseen in this article are collected by the Ministry of Finance as per the provisions of the Law no. 6183 as with the notification received from the governorship or district governor’s office of that place.




PART SEVEN
Miscellaneous and Final Provisions

Employing Disabled and Former Convict
Article 47- At the private security units and private security companies, the private security officials are not included in the calculation while determining the number of disabled and former convicts to be employed as per article 30 of the Labor Law no. 4857 of 10/6/2003.

Provisional Article 1- At the public institutions, establishments and the bound enterprises and companies, the private security units and companies established to provide private security service as per the provisions of the Law no. 2495 are deemed to have obtained private security permit by notifying the governorship and they can provide private security service at the workplaces and facilities of the same institutions, establishments and the bound enterprises and companies for which private security permit has been obtained.

Provisional Article 2- The private security officers who have been employed as compliant to the provisions of the Law no. 2495 on the Protection and Security Provision of Certain Institutions and Establishments and who still possess the conditions stipulated in this Law are deemed to have obtained work permit until 26/6/2009.

Provisional Article 3- The ones that had established a private security organization under its structure as per the provisions of the Law no. 2495, can terminate private security application with the committee’s decision and the governor’s approval provided that the application is made at least one month beforehand.

Repealed Provisions
Article 48- The Regulation on the Application of the Law Concerning the Protection and Security Provision of Certain Institutions and Establishments published at the 28/3/1994 dated and 21888 numbered Official Gazette and the amendments thereof have been repealed.

Effective Date
Article 49- This Regulation comes into force as of its publication date.

Execution
Article 50- This Regulation is executed by the Minister of Internal Affairs.

Karacan Dersaneleri
Keskinoğlu Tavukçuluk
Lider Kağıtcılık A.Ş.
GMD Siemens
Yıldız İplik A.Ş.
Metro Turizm

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All the entrances and exits at the workplaces, parking lots or all the spaces desired to be kept under control can be placed under control and security and work discipline is ensured for the workplace and the working personnel.

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