Defence and Security Law

The matters we handle within the framework of the Defence Industry Security Law No. 5202, the Security Clearance and Archive Research Law No. 7315 and the Private Security Services Law No. 5188:

• Defence industry procurement and subcontracting agreements
• Defence tenders and industrial participation obligations
• Facility security clearance and personnel security clearance procedures
• Remedies against security clearance and archive research decisions
• Military administrative acts and the personnel rights of military staff
• Military disciplinary proceedings and annulment actions against them
• Licensing procedures for weapons, ammunition and explosives
• Export of strategic goods and export control legislation
• Obligations concerning classified information and documents
• Operating permits and supervision of private security companies
• Powers and legal liability of private security officers

In our work in this field, depending on the nature of the project and the legal act, Law No. 5201, the Defence Industry Security Law No. 5202, the Private Security Services Law No. 5188, the Security Clearance and Archive Research Law No. 7315, the Turkish Armed Forces Disciplinary Law No. 6413, the Military Service Law No. 7179 and the relevant secondary legislation are taken into account. The applicable legislation, the procurement method, whether the product appears on control lists, the classification level of the information and the allocation of responsibility among contractors are assessed together.

We prepare and review defence industry project, procurement and subcontracting agreements together with the technical specification, the tender file, the work breakdown structure, the delivery schedule and the acceptance procedure. Project milestones, factory and site acceptance tests, change management, currency and cost risks, guarantees, delay penalties and limitations of liability, warranty and spare parts obligations, and the consequences of the suspension or reduction of a project are addressed expressly.

In matters concerning facility and personnel security clearance, classified information and project documents, we prepare confidentiality and information-sharing agreements, access and need-to-know procedures, and access rules for subcontractors and consultants. In technology licence, joint development, university–industry cooperation, software and know-how agreements, pre-existing technology is distinguished from project outputs, and rights of use, modification, sub-licensing and access to source code are defined.

For controlled products such as weapons, ammunition, military explosives and related spare parts and technologies, production, import and export authorisation processes are assessed. In export and technology transfer contracts, the legal classification of the product, the party responsible for the application, the end user and end use, re-export restrictions, sanctions and embargo provisions, and the consequences of a failure to obtain authorisation are clarified.

Permits of private security companies and units, private security service contracts, the powers of private security officers, camera, access control and biometric systems, remedies against acts based on security clearance and archive research, military personnel and disciplinary matters, and military service applications such as enlistment, deferral, paid military service and military service by foreign currency payment also fall within our field of practice.

Among the disputes most frequently encountered in practice in defence and security law are delivery and acceptance test disputes, the attribution of delays and technical failures between the main contractor and subcontractors, claims arising from the cancellation or reduction of projects, and disagreements over the ownership of technology, source code and technical data. Minor inconsistencies between the main contract, the technical specification, the work schedule and the subcontracts are often at the root of such disputes.

In subcontracting relationships, a subcontractor may assume heavy responsibilities without seeing the entire main contract, or obligations owed to the public authority may not be passed down at all. Whether penalty clauses in the main contract bind the subcontractor depends on the subcontract itself, and a mere reference to those clauses may not be sufficient. Where a project ends, completed production, raw materials, dedicated personnel and specially acquired equipment may give rise to significant compensation and stock disputes.

Acts such as the refusal of an appointment, dismissal or the withdrawal of access to a facility or project on the basis of security clearance and archive research are examined in terms of whether the underlying information relates to the person concerned, its currency, its relevance to the post and the proportionality of the act. The ground of classified information does not remove the act from judicial review, even where it limits the disclosure of certain information to the person concerned.

Inspection reports and administrative sanctions concerning private security, disputes over the limits of officers' powers such as searches, identity checks and the use of force, military disciplinary penalties and refused military service applications are also frequently encountered. Internal investigations into unauthorised data transfers, breaches of confidentiality, conflicts of interest, supplier irregularities or export control breaches arise regularly as well.

The process begins with the determination of the legislation to which the project or act is subject. The contract and its annexes, the technical specification, the tender file, permits and security certificates, correspondence, delivery and acceptance minutes, and any administrative decisions or notifications are then examined together.

In files involving confidentiality or access restrictions, the method of sharing documents is planned separately in line with the security conditions of the project. Where a breach is suspected, the preservation of electronic records, the restriction of access and notification obligations are assessed without delay, while ensuring that the method of collecting evidence does not infringe employees' personal data, private life or right of defence.

At the contract stage, the aim is not merely to prepare a legally valid text, but to reflect accurately in the contract how the technical and commercial process will function in practice. Where a dispute has arisen, evidence is preserved, critical time limits are identified, and administrative application, litigation, arbitration or negotiation options are compared according to the conditions of the specific file.

In administrative acts such as refused military service applications or security clearance decisions, whether the decision is final, the date of notification, the basis of the application and whether a deficiency can be remedied before the administration are examined first. Where the litigation period is running, the effect of an administrative application on the preservation of that period is assessed separately.

Internal investigations, disciplinary procedures and notifications to public authorities or main contractors are prepared in line with the overall strategy of the file. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.