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.
