FACILITY SECURITY CLEARANCE CERTIFICATE
As GMKA Consultancy, we provide services with our expert team on how to apply, how to get Personal Security Certificate, preparation of Facility Private Security Handbook (TÖGEK), requirements for Facility Security Clearance Certificate and what should be done in terms of physical and documentation in the legislation, Establishment Permit, Production Permit.
If you already have the documents, we aim to guide you through any problems with the agreements we will make and in maintaining the adequacy of your documents.
WHAT IS FACILITY SECURITY CLEARANCE CERTIFICATE?
It is a document stating that the protection measures designed considering the location and environmental conditions of the facility, as well as the internal and external threats to which the facility may be exposed are appropriate in order to ensure the physical security of confidential information, documents, projects and materials that exist or may exist in a facility.
Facility Security Clearance Certificate is of 2 (two) types, namely National and NATO.
In order to obtain the Facility Security Clearance Certificate, the company infrastructure must be prepared in accordance with the requirements of the Defense Industry Security Directive of the Ministry of National Defense.
Some of these requirements are as follows:
• Physical Security Measures
• Measures Taken Under the Private Security Law No. 5188
• Measures Against Fire
• Measures for Meeting Rooms
• Measures to be Taken for Personnel Safety
• Measures to be Taken for Paperwork, Document and Material Security, Archive Room Measures
• Measures to be Taken for Controlled Area Security
• Measures to be Taken for Controlled Room Security
• Measures to be Taken for Computer Security
After the application is submitted, necessary examinations are conducted and an on-site inspection is carried out with a delegation composed of representatives from the Ministry of National Defense and the Ministry of Industry and Technology. As a result of this inspection, if it is determined that the company meets the requirements, the certificate is issued and presented to the company.
CONSULTANCY SERVICE ACTION STEPS
• Analysis of the current situation
• Informing the management and relevant personnel about the current situation
• Determining the confidentiality level of the document
• Internal – external general safety regulations of the Establishment
• Arrangements for establishment entrance-exit card system
• Arrangement of measures against external intervention
• Control and regulation of fire prevention systems
• Control of the placement of security cameras and making the necessary arrangements
• Making the necessary preparations for the Controlled Zone, Controlled Room, Server Room and Meeting Rooms
• Arrangement of all required signboards
• Preparation of facility state of emergency plan
• Assignment and informing of personnel to receive Personal Security Certificate
• Completion and arrangement of the revisions and documents required for the application process in syncronization with the personnel
• Preparation of the necessary forms and documents
• Preparation of Facility Private Security Handbook (TÖGEK)
• Final controls before the inspection, actions to be taken and what the security coordinator needs to know
ESTABLISHMENT PERMIT
1. GENERAL:
• a. Article 3 of Law No. 5201 states, “The establishment and operation of establishments that will produce war tools and equipment, weapons, ammunition and their spare parts and explosives are subject to the permission of the Ministry of National Defense, by obtaining the opinion of the Ministry of Industry and Trade.” Within the scope of this Law, the “Control list” is determined by the Ministry of National Defense in coordination with the relevant authorities, public institutions and organizations and is published in the Official Gazette (Resmi Gazete) in January every year.
• b. Applicants to manufacture a product that is included in the Control list must first obtain an Establishment Permit from the Defense Industry National Security Authority. Organizations wishing to operate within this scope shall complete the requirements and specifications sought by the Ministry of National Defense as soon as possible and apply for an Establishment Permit.
• c. It must be ensured that the land where the facility planned to be established is not included in the lands specified in the Law No. 2565 on Prohibited Military Zones and Security Zones.
2. APPLICATION FOR ESTABLISHMENT PERMIT:
• a. Persons or organizations wishing to produce that want to make production within the scope of the Control list Controlled List are informedshall apply for an Establishment Permit by providing information about on which of these products will be produced., and an Establishment Permit is requested.
• b. At the end of the examination review carried outmade by the Defense Industry National Security Authority, following the determination that the material planned to be produced is within the scope of the Control listControlled List, the following information and documents specifies below are sent submitted by the organization to the Defense Industry National Security Authority in nine copies. Photocopies of documents approved by authorized persons are also accepted.
Required documents are listed below;
• Document showing that the company requesting the Establishment Permit is a company established in accordance with the Turkish Commercial Code dated June 29, 1956 and numbered 6762. (A certified copy of the Trade Registry Gazette – Ticaret Sicil Gazetesi)
• Clear identities of those who will establish and operate the facility and the capital owners; and the amount of capital they will invest in this business.
• The island, plot, parcel numbers of the area where the facility will be established, the province where the land is registered and the addresses of the places where the warehouse, sales center and branches, administrative center and offices of the facility will be located.
• If the ownership of the area where the facility will be established does not belong to the organization, the certified copy of the contract between the owner of the real estate and the organization.
• If available, information and documents related to the product, process work flow charts of the products, information about potential wastes and methods of their disposal, and a capacity report.
• If available, a license to open and operate a workplace, to be obtained from the relevant authorities.
• If the company makes an application for the establishment permit, an additional 3 months is given for the missing documents. In case the missing documents are not submitted within 3 months, the application is canceled.
3. ISSUANCE OF ESTABLISHMENT PERMIT:
• a. Following the submission of the application documents of the organizations requesting to produce the material within the scope of the Control list, an examination is initiated by the National Security Authority of the Defense Industry.
• b. As a result of the examination, the opinion of the General Staff is consulted regarding the documents provided by the organization and the information on the land where the facility will be established. It is determined whether the land is located within the lands specified in the Law No. 2565, which have strategic importance in terms of homeland defense.
• c. If it is determined that the land is not within the scope of the Law No. 2565, information and documents related to the establishment are sent to the Ministry of Industry and Technology, the Ministry of Interior, the Ministry of Health and the Ministry of Environment, Urbanization and Climate Change for their opinions.
• d. In case the opinions received are positive, the approval of the Minister of National Defense is obtained for the Establishment Permit and the result is reported to the relevant organization.
• e. In the event of a change of capital owners or shareholders, establishment of partnership with other organizations or change of the name of the organization, depending on the evaluation and decision by the Defense Industry National Security Authority, the Establishment Permit may be reissued under the new name and title.
• f. In case the General Staff and the Ministry of Internal Affairs express a negative opinion, Establishment Permit is not issued and the requesting organization is notified.
• g. The Establishment Permit letter is signed by the Deputy Undersecretary of Technology and Coordination of the Ministry of National Defense, following the approval of the Minister of National Defense.
• h. No fee is charged for the Establishment Permit.
• i. Considering the public interest, the Authority may request compliance with other current legislation for the Establishment Permit, and a commitment is obtained that these issues will be complied with.
MANUFACTURING PERMIT
1. GENERAL:
• a. Article 2 of Law No. 5201 states that “This law covers public institutions and organizations and organizations belonging to real and legal persons, which are established or operated to produce all kinds of warfare tools and equipment, weapons, ammunition, spare parts and explosives.”
• b. For the production of a material within the scope of the Control list, a Manufacturing Permit is obtained from the Defense Industry National Security Authority.
- c. Organizations that are already established but wish to change their business or work as subcontractors in order to operate in the field of defense industry shall also obtain permission from the Defense Industry National Security Authority. It is not necessary to obtain a Manufacturing Permit for activities that are not related to the production of materials within the scope of the Control List, but are included in the production of services that support production, such as material transportation and insurance.
2. APPLICATION FOR MANUFACTURING PERMIT:
• a. Organizations wishing to produce within the scope of the Control List apply for a permit by providing information about which of these products are produced or will be produced.
• b. The issues specified in the protocol, which regulate the issues that the person or organization and the Defense Industry National Security Authority must fulfill mutually, must be accepted unconditionally by the organization authorities.
3. ISSUANCE OF MANUFACTURING PERMIT:
• a. A preliminary examination is initiated by the Defense Industry National Security Authority following the receipt of the requested information and documents.
• b. In the event that it is decided to process the application of the organization as a result of the examination, the opinions of the Ministry of Industry and Technology and the Presidency of Defense Industry and, if any, other relevant authorities regarding the main platforms, are requested.
• c. In case the opinion received is positive, a committee formed with the participation of the Ministry of Industry and Trade personnel is formed under the coordination of the Defense Industry National Security Authority and the production facilities are inspected.
• d. In this inspection, the facility must meet the requirements for the Facility Security Clearance Certificate issued under the Law No. 5202. If necessary, Facility Security Clearance Certificate and Manufacturing Permit inspections can be carried out together at the same time. The following issues are controlled in the facility: the equipment used in the production lines for the materials to be produced within the scope of the Control List and specified in the capacity report, equipment in the machinery park, whether the production is licensed, whether there is research and development, whether there are critical subsystems during the production, determination of local content ratio, bottlenecks that may delay production, monitoring of production through the production flow chart, electronic products or software produced in accordance with the developing technology.
• e. The inspections made by the formed committee and the inspections in the production facilities are carried out according to the matters in the Control Form based on the Inspection, and the result is stated in the form and signed by the inspection committee.
• f. The report prepared is of a determination nature and the final decision on whether to grant a Production Permit belongs to the Minister of National Defense. The Defense Industry National Security Authority issues the Manufacturing Permit following the approval by the Minister of National Defense and the submission of a copy of the receipt indicating that the certification fee specified in the protocol signed between the Defense Industry National Security Authority and the organization has been deposited to the relevant account of the Ministry of National Defense No. 1 Central Accounting Office.
• g. There is no limitation regarding the period of validity of the Manufacturing Permit. The conformity status of the Manufacturing Permit Certificate is checked during the interim inspections to be made by the Defense Industry National Security Authority.
• h. The permission granted with the Manufacturing Permit covers only those products and product families that can be manufactured, taking into account the relevant items of the Control List. After the manufacturing permit is granted, if the same product is planned to be produced in different models and configurations, an application shall be made to the Defense Industry National Security Authority. The Defense Industry National Security Authority may conduct on-site inspections if deemed necessary. In the case that the product is different, an application is made for a new Manufacturing Permit.
• i. In the event that the organizations that have received permission to produce any material on the Control List are planning to produce another material that is not in the same material category within the scope of the Control List, an application shall be made to the Defense Industry National Security Authority for the renewal of the Manufacturing Permit Certificate.
• j. During the manufacturing permit inspections carried out by the Inspection Committee, assessments and examinations are conducted on the production documentation, quality plans and documentation, production process and capabilities, testing and verification of infrastructure and capabilities, input control, subcontractor utilization status, calibration infrastructure and capabilities, and traceability for the product for which the organization requests a manufacturing permit.
• k. A Manufacturing Permit is not issued for an organization that does not have a Facility Security Clearance Certificate within the scope of the Law No. 5202 or for which the results of the Facility Security Clearance Certificate inspection carried out with the Manufacturing Permit Certificate is found to be unsuitable.
DEFENSE INDUSTRY SECURITY
Purpose of Defense Industry Security
•To protect confidential information, documents and materials,
•To secure the working environment,
•To hold industrial establishments to the standards complying with security rules,
•To prepare a safe environment for confidential projects,
•To perform necessary actions in line with the interests of the country in international relations regarding defense industry security.
Scope of Defense Industry Security
It covers the regulations to be followed by
Public institutions and organizations, real and legal persons engaged in activities for the mutual exchange, purchase and sale, production, storage, protection, research, development and assembly of confidential information, documents, materials or services within the scope of projects regarding the technology and equipment to be procured, facilities established in accordance with the Law on Technology Development Zones and the persons working in these fields of activity.
Legislation
• 5201
1. Law on Inspection of Warfare Equipment and Industrial Establishments Producing Weapons, Ammunition and Explosives
Regulation
• 5202
1. Defense Industry Security Law
2. Defense Industry Security Regulation
• 317-2 (C)
1. Defense Industry Safety Directive