EN 
TR 
The Turkish Ministry of National Defense (“MoND”) has recently issued the Amending Regulation on the Regulation on Defense Industrial Security (“Regulation”). The Regulation is based on the 13th article of the Defense Industrial Security Law No. 5202 dated 29/6/2004 and the twelfth part of the Presidential Decree on Presidential Organization numbered 1 published in the Official Gazette numbered 30474 and dated July 10, 2018.
Accordingly, the Regulation set forth the legal framework of all classified military agreement, information, documentation, project, purchase, sell, manufacturing, research and development, storage of material or services, facilities to conduct those activities related to the defense industry excluding the staff of and the facilities belong to MoND, General Commandership of Gendarmerie and Turkish Coast Guard Command.
Firstly, the Regulation stipulates that the military facilities for which projects are carried out for the defense industry shall be controlled by the committees formed by the National Security Authority of the Defense Industry, if necessary.
As per the Regulation, the General Directorate of Technical Services of the MoND is replaced by the Technical Services Department of the MoND. In addition, with the amendment made, it is stipulated that the Document of Cryptographic Security (NATO/National) would be issued by the MoND instead of the Presidency of General Staff. Also, the MoND, Department of Legal Counseling and Litigation is replaced by the MoND General Directorate of Legal Services.
In addition, the definition of Facility Security Certificate Inspection has been made in the Regulation. As per this definition, Facility Security Certificate is the inspection to be carried out on-site or via video conference system for the facility of the organization by the inspection committee, following the examination of the issues in the Facility Private Security Handbook of the organization, regarding whether the criteria determined by the National Security Authority of the Defense Industry regarding the issuance of the Facility Security Certificate are met.
Additionally, NATO Service-Specific transactions are excluded from the transactions for some documents with NATO confidentiality rating. In addition, some of the provisions that contain the expression of "National/NATO confidentiality degree" have been amended as confidentiality degrees.
Moreover, it is stipulated that a decision about the level of knowledge to be shared with local or foreign members of weapons and support systems and/or information, documents, and materials about an activity that requires confidentiality, which is in the inventory of the MoND or produced or modernized by defense industry organizations for the Turkish Armed Forces as a requirement of international activities, is taken by the MoND by getting the opinion of the Presidency of General Staff, the relevant commands and the project authority.
Under the Regulation, when any confidential information, document, and material in the field of defense industry needs to be given abroad, the National Security Authority of the Defense Industry shall coordinate not only with the Presidency of General Staff but also with the relevant commands and project authority. Also, measures to provide TEMPEST protection are stipulated for organizations that produce private and higher confidential information instead of organizations that produce confidential information.
What’s more, if the personnel working in the various units of the institutions and their affiliates in the staff and organization of the MoND, with the approval of the relevant authorities, take part in the management and inspection boards of the institutions, Personal Security Clearance will not be required for these persons. If the Personal Security Clearance expires or the person holding the certificate leaves the organization, the National Security Authority of the Defense Industry will be promptly notified by the organization regarding the cancellation of the Personal Security Clearance. In addition to this, the physically issued NATO Personal Security Clearance is returned to the Presidency of the Central Committee of the North Atlantic Treaty Organization.
Moreover, the appendices of the cover letter to be written to obtain a Personal Security Clearance have been amended, and it has been deemed sufficient to include the requested documents regarding the relevant security investigation and archive research documents. Additionally, the provision that in case the personnel leave the organization they work for, the Person Security Clearance of the relevant personnel will be returned to the National Security Authority of the Defense Industry for cancellation by the Organization Security Coordinator has been abolished.
It is further regulated that in the Regulation, within the scope of the establishment license application made within the framework of Law No. 5201 for the production of the material included in the List of Controlled Materials, a security investigation, and archive research are conducted for the shareholders of the establishment.
In addition, amendments have been made in terms of persons who are required to have a positive result of the security investigation and archive research to be made to be able to issue a Facility Security Certificate with national and/or NATO confidentiality grade to organizations, except NATO Service Specific. Moreover, amendments have also been made to the information and documents required for the Facility Security Certificate application.
Along with it, the Facility Security Certificate audit and procedures have been amended. In this context, the location of one or more different legal entities and sharing the same address with different legal entities in the facility certified with the Facility Security Certificate are among the issues that require the cancellation of the Facility Security Certificate. However, a different legal entity may exist in the same address, if it is provided that the shareholder structure is the same as that of the organization holding the certificate, it is physically located in separate sections/buildings within the facilities of the organization holding the certificate, and the approval of the National Security Authority is obtained. The determination of membership or affiliation with or contact with structures, formations, or groups within the organization that are determined to pose a threat to national security, or terrorist organizations, are among the issues that require the cancellation of the Facility Security Certificate.
The Regulation further stipulates that if the Facility Security Certificate is canceled, the relevant authorities are notified to inform, following the cancellation. The list containing the companies with the updated Facility Security Certificate is published on the intranet or the internet.
Finally, it is regulated that if the buyer makes the same product in the same facility for a company that changes hands through sale or transfer in any way, a trustee is appointed or sold, the existing Facility Security Certificate will not be canceled, and is given to new shareholders, managers, and persons who will have access to confidential information if a Personal Security Clearance is given to such persons and deemed appropriate by the MoND. Instead, Facility Security Certificate will be issued according to the name and title of the new company.
Şafak Herdem, Esra Temur
