Myanmar’s newly enacted Private Security Services Law grants foreign entities to operate
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NP News - Feb 24
The Private Security Services Law which was newly enacted on February 18 by the State Administration Council, prescribes provisions allowing foreign security companies to operate and carry weapons with permission.
According to the law, a Central Supervisory Committee for Private Security Services has to be formed to regulate activities and disciplines. The Union Minister for Home Affairs will serve as the chairperson, Chief of Police as vice-chairman, and the Deputy Chief of Police as the secretary of the mentioned committee. The committee will also include directors-general from ministries such as the Ministry of Defense, Ministry of Transport and Communications, and Ministry of Home Affairs.
Additionally, a regional or state-level supervisory committee will be formed, with the Minister for Border Affairs serving as the Chairperson. The Supervision Committee for Union Territory will be led by a council member appointed by the Naypyidaw Council Chairperson.
The companies which will apply for a license must comply with the Myanmar Companies Law and must not be the company which has a history of undermining the country’s security and rule of law in order to attain the registration, the law states.
According to the law, local security companies shall deposit 100 million kyats at the Myanma Economic Bank as a business guarantee; or in the case of a foreign company, it has to deposit foreign currency which is equivalent to 100 million kyats as a fixed deposit.
The law also states that the license validity period for private security services businesses is three years. For the continuation of their operations, they must apply for extension to the supervisory committee at least three months before the license expires.
In this business, individuals selected to be appointed as employees must attend a private security service training program authorized by the Central Committee. Additionally, for foreign employees, it is required to obtain a certificate confirming that they have no criminal record from their respective country and that they are not members of any foreign armed forces.
The law also prescribes that the security companies must ensure at least 75 percent of the private employees must be Myanmar citizens. The licensee must be allowed to carry weapons and ammunition and related equipment as needed, with the permission of the Central Committee, in accordance with the Arms Act, and existing laws.
Therefore, the companies which hold the license to run private security services must abide by the Arms Law and existing regulations. If it is necessary to apprehend a criminal, they must act in accordance with the Criminal Law, immediately report to the nearest police station, and make a formal handover as required by the law.
Additionally, the law grants security personnel the right to self-defense under the Criminal Law when threats or dangers arise against the person or property they are protecting.
The newly enacted Private Security Service Law mandates that security companies must cooperate with relevant supervisory bodies or any security institution of the State when requested. However, the by-law for this law has not yet been promulgated. It is essential to monitor the forthcoming detailed rules and regulations to conduct a thorough analysis.