President Assad issues a law amending some articles of the Private Protection and Security Companies Law

Today, President Bashar al-Assad issued Law No. (22) of 2023 amending some articles of the Private Protection and Security Companies Law issued by Legislative Decree No. (55) of 2013.

The amendment to the law aims to regulate and develop the work of these companies, avoid the shortcomings that appeared in the previous law, and adopt a clear mechanism to control violations and how to collect fines against their perpetrators.

The following is the text of the law:

Law No. (22)

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Based on the provisions of the Constitution.

And based on what was approved by the People’s Assembly in its session held on 4/15/1445 AH corresponding to 10/30/2023 AD.

The following is issued:

Article 1-

The article is amended /1/ From Legislative Decree No. /55/ for the year 2013to become as follows:

The following words and phrases, in the context of applying the provisions of this Legislative Decree, shall have the meaning indicated next to each of them:

Ministry: Ministry of Interior.
The Minister: Minister of Interior.
Company: A company working in the field of private protection and guarding, and transporting money, jewelry and precious metals.
Security and protection services: Security and protection services for facilities, properties, documents and individuals, and the transportation of money, jewellery and precious metals, provided by a duly licensed company to whoever requests them for a fee.
The guard: The person assigned to the guard and protection services tasks assigned to him by the company he works for.

Article 2 –

The article is modified /2/ From Legislative Decree No. /55/ for the year 2013to become as follows:

  • 1- The following conditions must be met to grant the license to the company:
  • A- To be fully owned by Syrian Arab nationals.
  • for- Its capital shall not be less than five hundred million Syrian pounds.
  • C- To have a fixed headquarters owned by it in its area of ​​operation.
  • of the- To be duly registered in the commercial register.
  • 2- The following conditions must be met by the company’s owners, partners and managers:
  • A- To have been a Syrian national for at least five years.
  • for- The director must be at least thirty years old, and the owner or partner must be eighteen years old, and must have at least a high school diploma, unless the company’s ownership has been inherited by a minor.
  • C- Not convicted of a felony or a misdemeanor that is shameful or detrimental to public trust, unless he has been rehabilitated.
  • of the- Not to have been dismissed from public service, or expelled or dismissed from it for disciplinary reasons.
  • E- The director must not be an employee of a public entity.
  • and- Approval of the public authority for the owner if he is a government employee.

Article 3 –

The article is amended /3/ From Legislative Decree No. /55/ for the year 2013to become as follows:

  • 1- The license for the company to practice protection and guarding services shall be issued by a decision of the Minister after the approval of the National Security Office.
  • 2- The license period is one year, renewable.

Article 4 –

The article is amended /5/ From Legislative Decree No. /55/ for the year 2013to become as follows:

  • 1- The license application shall be submitted to the Ministry, accompanied by:
  • A- Data, information and supporting documents required for licensing.
  • for- A commercial register of the company duly certified by the Ministry of Internal Trade and Consumer Protection, addressed to the Ministry and specifying the type of activity carried out by the company.
  • C- The bank guarantee deposit receipt is in the amount specified according to the classification category for which the license is required.
  • 2- The company owner shall indicate in his application its need for weapons, ammunition, devices, equipment and machinery, specifying their types, numbers and areas of use. If the application is approved, it shall be referred to the relevant authorities to secure what is required and grant the necessary licenses in accordance with the rules.
  • 3- The weapons permitted for use in the company shall be determined by a decision of the Minister, and shall be limited to pistols and automatic rifles. He may, by a reasoned decision, approve the determination of other types of weapons if the nature of the mission assigned to the company requires it.
  • 4- The Ministry may meet the company’s needs for weapons and ammunition through the Ministry of Defense, in return for a cash allowance deposited in the state’s general treasury. The amount of the allowance, the delivery and recovery mechanism, and the granting of licenses shall be determined by a decision of the Minister.
  • 5- If there is a need to import weapons, ammunition, equipment and machinery, the company submits a request to the Minister for the materials to be imported, and if the request is approved, the required materials are provided in coordination with the relevant authorities, in accordance with the laws and regulations.
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Article 5 –

The article is amended /9/ From Legislative Decree No. /55/ for the year 2013to become as follows:

The company is prohibited from:

  • 1- Dealing with companies outside the Syrian Arab Republic or being a branch of an Arab or foreign company.
  • 2- Transferring the ownership of the company or relinquishing the license granted to it in whole or in part shall not be permitted except with the prior approval of the Minister, provided that the new owner or the transferee meets the same conditions required for the license stipulated in this legislative decree.
  • 3- Securing weapons from any other source not specified in this legislative decree.
  • 4- The company uses guards who have not been granted a license to practice the profession by the Ministry.

Article 6 –

The article is amended /10/ From Legislative Decree No. /55/ for the year 2013to become as follows:

The worker and guard in the company must meet the following conditions:

  • 1- To have held Syrian Arab citizenship or a similar citizenship for at least five years.
  • 2- He is over eighteen years old.
  • 3- Completed the first stage of basic education.
  • 4- Not convicted of a felony or misdemeanor that is shameful or detrimental to public trust, unless he has been rehabilitated.
  • 5- Not an employee or worker for public authorities, or have obtained the approval of the public authority for which he works.
  • 6- Medically fit to perform the duties of the job, and signs a written statement stating his knowledge of the nature of the work that the company will assign him.
  • 7- To undergo a training course that is appropriate to the nature of the work that will be assigned to him in the company.

Article 7 –

The article is amended /14/ From Legislative Decree No. /55/ for the year 2013to become as follows:

Without prejudice to any more severe penalty stipulated by applicable laws, penalties shall be imposed on protection and guarding companies, as follows:

  • 1- The company shall be punished with a fine of /1,00,000/ S.P. One hundred thousand Syrian pounds for each guard who does not wear the identification card on the chest or the badge on the right shoulder, or does not wear the special and specific clothing of the company.
  • 2- The company shall be punished with a fine of/1,000,000/ S.P. One million Syrian pounds in the following cases:
  • A- The company does not keep any of the required records.
  • for- Failure to provide the Ministry with information about the company, its machinery, equipment, or guards.
  • C- The guard started his work in the company before obtaining security approval and completing the training course.
  • of the- Employing a guard who works for another private security and protection company before he properly separates from it.
  • 3- The company shall be punished with a fine of /2,000,000/ S.P. Two million Syrian pounds in the event of starting to implement private protection and guarding services contracts before they are duly approved.
  • 4- The company shall be punished with a fine of /5,000,000/ S.P. Five million Syrian pounds in the following cases:
  • A- Working outside the governorates in which the company is licensed to practice private protection and guarding work.
  • for- Practicing an activity or providing a service that it is not licensed to do.
  • C- Lack of independence in management, headquarters or field of work from other companies.
  • of the- Carrying weapons at guard posts that were not delivered or purchased through the Ministry in accordance with the company’s approved contracts.
  • E- Conducting investigations and gathering information.
  • and- Use of clothing, titles and badges of the army and internal security forces.
  • 5- The guard shall be punished with imprisonment from one to three months, and the company shall be punished with a fine of /5,00,000/ S.P. Five hundred thousand Syrian pounds in the event that the weapon delivered by the company is carried in a place and at a time other than those designated under the approved contracts.
  • 6- The company shall be punished by confiscation of the insurance if the ownership is transferred or the granted license is waived without the prior approval of the Minister, and in this case the license shall be automatically cancelled.
  • 7- The company shall be punished by confiscation of insurance, and imprisonment from three to six months for managers and owners, if it is proven that the company is a branch of an Arab or foreign company or deals with parties outside the Syrian Arab Republic in a manner that conflicts with the applicable laws and regulations, and the license shall be automatically cancelled.
  • 8- Directors and owners shall be punished with imprisonment from three to six months, and a fine of /5,000,000/ S.P. Five million Syrian pounds in the event of providing any private security and protection services before obtaining the necessary license.
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Article 8 –

The article is amended /15/ From Legislative Decree No. /55/ for the year 2013to become as follows:

  • 1- The Minister shall determine the beneficiaries of the guarding and protection services provided by the company.
  • 2- Public entities whose work nature requires them to use the services provided by the company may contract with it in accordance with the terms and conditions contained in this legislative decree and the applicable laws.

Article 9 –

The article is amended /16/ From Legislative Decree No. /55/ for the year 2013to become as follows:

  • 1- The Ministry’s Protection and Guarding Department is responsible for monitoring and supervising the work of private protection and guarding companies.
  • 2- The Internal Security Forces soldiers working in the Private Protection and Security Companies Branch, in the Protection and Security Department of the Ministry, shall be responsible for recording violations in accordance with the provisions of this legislative decree.
  • 3- The form and content of the regulation of violations stipulated in this legislative decree shall be determined by a decision of the Minister.
  • 4- In cases punishable by a fine only, the violator may pay the fine specified in the report to the state’s public treasury, and the fine shall be reduced by half if he pays it within one month from the date of issuing the report, in which case no public action shall be initiated.
  • 5- If the fine is not paid within the period specified in paragraph 4 of this article, or if the penalty for the violation includes imprisonment or any other measure in addition to the fine, the seizure shall be referred to the competent judiciary.

Article 10 –

This law shall be published in the Official Gazette.

Damascus on 24-4-1445 AH corresponding to 8-11-2023 AD

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Bashar al-Assad

#President #Assad #issues #law #amending #articles #Private #Protection #Security #Companies #Law
2024-08-26 04:35:32

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