Private security and surveillance activities - special accreditation
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In order to be able to engage in private security and surveillance activities in Luxembourg, the applicant must have:
- a business permit issued by the General Directorate for Small and Medium-Sized Enterprises;
- a special written authorisation (called a security accreditation) issued by the Arms and Security Service of the Ministry of Justice.
The conditions to obtain the accreditation vary depending on the security and surveillance activity planned, namely:
- surveillance of movable or immovable property;
- management of alarm response centres;
- transport of cash or valuables;
- protection of persons.
If several security and surveillance activities are planned, the conditions are accumulated and have to be met jointly.
Who is concerned?
The professional security and surveillance activity includes:
- the supervision of movable and immovable property, which consists of ensuring in a professional capacity:
- the security of buildings and moveable assets, by:
- the presence of guards; or
- technical systems connected to a monitoring centre;
- adequate intervention in the event of unauthorised intrusion into the buildings concerned;
- the security of buildings and moveable assets, by:
- the management of alarm response centres, which consists of:
- continuously monitoring alarm systems in a professional capacity;
- guaranteeing an immediate intervention in the event of an alarm being triggered;
- professional transport of cash or valuables in Luxembourg;
- the protection of persons, which consists in preserving, in a professional capacity, permanently or for specific periods of time, the safety of natural persons in their homes or during their journeys, as well as protecting them in the event of an aggression.
Prerequisites
Surveillance of movable or immovable property
The applicant must:
- have at least 3 company cars;
- a team of at least 15 surveillance agents under contract;
- have a central office equipped with a secure vault under permanent surveillance.
Alarm response centre
The applicant must have:
- at least 3 company cars;
- a team of at least 20 agents;
- a fortified central office:
- equipped with a secure entry vestibule with armoured doors;
- constantly monitored by at least 2 guards;
- equipped with a generator, as well as radio and telephone equipment allowing to contact law enforcement in any circumstance.
Transport of cash or valuables
The applicant must have:
- at least 3 company cars as well as at least 3 vans;
- a team of 20 agents;
- a fortified central office:
- equipped with:
- a secure entry vestibule with armoured doors;
- protected premises for the loading and unloading of the vans and sheltered from the sight of third parties;
- a vault allowing to safely keep the cash or valuables which cannot immediately be transported to their destination;
- a generator, as well as radio and telephone equipment allowing to contact law enforcement in any circumstances;
- a monitoring system allowing to continuously track the exact location of the different vans within a 75 kilometer radius at least.
- physically monitored at all times by at least 2 guards;
- with a direct connection to the alert centre of the Grand Ducal Police through a special telecommunications line;
- equipped with:
Preliminary steps
Business permit
The applicant must already have a business permit for traders from the General Directorate for Small and Medium-Sized Enterprises (Direction générale des Classes moyennes).
Company protocols
The applicant must prepare company protocols. This document:
- constitutes the reference manual to be used by the staff in the event of difficulties;
- contains all the general provisions likely to be useful for the operation of the business, including in particular:
- the obligations arising from professional secrecy;
- the principles of self-defense;
- the agent's conduct while on duty;
- the internal organisation and appointment of supervisors;
- the contact person in the case of problems;
- instructions on the issuing and wearing of the uniform and the legitimation card;
- the obligation to inform law enforcement when noting a criminal offence in the framework of the security and surveillance activities;
- if firearms are carried:
- instructions on the granting, use and storage of these weapons;
- the obligation to participate regularly in shooting training;
- also contains provisions that are specific to the planned activity:
- surveillance of movable or immovable property:
- the instructions on how to keep and return the keys to the movable or immovable property protected;
- the protocol to be followed in case of temporary storage of valuable objects in the vault;
- management of alarm response centres:
- protocols regarding:
- the opening of the doors of the secure entry vestibule and the screening of persons authorised to enter the central office;
- the missions and rotation of the staff on duty in the central office;
- permanent control routines of the patrol agents;
- precise guidelines on actions to be taken in response to alarms received;
- assignment of a person responsible for the conservation of the plans of the surveillance systems installed and of the technical keys which must be kept in a safe;
- the conditions for the consultation of the plans and the temporary withdrawal of the technical keys;
- protocols regarding:
- transport of cash and valuables:
- protocols regarding:
- the opening of the doors of the secure entry vestibule and the screening of persons authorised to enter the central office;
- the missions and rotation of the staff on duty in the central office;
- the controls regarding the vault;
- the operations of loading, unloading and parking of the vans;
- all required instructions regarding transport activities;
- the assignment of drivers, security guards and the person responsible for the itinerary;
- observation and prevention recommendations;
- security measures to observe when loading and unloading the vans;
- directives regarding the collaboration with law enforcement in order to secure the itineraries and ensure the efficient protection of the money and valuables transported in case of an attack;
- protocol to follow to respond to different types of aggression.
- protocols regarding:
- surveillance of movable or immovable property:
The company protocols must be approved by the Minister of Justice (hereafter "the Minister"). The Minister may request the addition of other provisions.
All modifications to company protocols must first be approved by the Minister.
Costs
The application for accreditation is free of charge.
How to proceed
Filing the application
The applicant must submit the application to the Arms and Security Service. The following must be indicated:
- their surname, first names, place and date of birth, nationality, profession and domicile;
- if the applicant is a company:
- the name or corporate name, the form of the company and its registered office;
- the surnames, first names, place and date of birth, nationality, profession and domicile of the directors, managers and administrators;
- the technical means at their disposal;
Supporting documents
Applicants must include the following documents with the application:
- a copy of the business permit;
- a detailed description or the projected activities;
- the list of staff employed (surnames, first names, date and place of birth, nationality and place of residence), attaching for each person (including directors, managers and administrators):
- a curriculum vitae;
- a recent extract from the criminal record (in Luxembourg and, for cross-border workers, in the country of residence);
- a copy of the applicant's identity card;
- a copy of the medical examination prior to hiring;
- a detailed description of the uniform worn by the staff with colour photos as proof. Uniforms are not allowed to be mistaken for law enforcement uniforms;
- a specimen of the legitimation card (badge) worn by the staff, which must include:
- a photo of the agent concerned;
- their surname and first name;
- the name, address and phone number of the employer;
- for legal persons, the indication that it is a private security and surveillance company;
- company protocols;
- for companies:
- a copy of the articles of association;
- a recent extract from the Trade and Companies Register (Registre de commerce et des sociétés - RCS).
The administration's decision
Accreditation is granted after an administrative enquiry when the conditions are met and the application is complete.
The Minister may:
- seek the advice of specialised departments before making the decision;
- add terms and conditions to the accreditation.
Refusal of the application
The applicant's application will be rejected if they:
- do not have the adequate staff and technical means to carry out the planned activities;
- do not possess the necessary professional integrity.
Accreditation validity
The accreditation is granted for a duration of 5 years. It is renewable on request for a further period of 5 years.
Staff recruitment
Staff recruitment must be approved by the Minister of Justice.
An agent cannot be hired if:
- they are less than 18 years old;
- they do not comply with the required conditions of professional integrity;
- they carry out activities deemed incompatible with their missions.
Obligations
It is compulsory for staff to carry a legitimation card during their missions. It must be shown upon request from law enforcement officials.
Agents supervising movable or immovable property must:
- wear their service uniform if they are:
- positioned inside the buildings to be monitored;
- are on patrol;
- in the case of an agent on patrol: be equipped with a radio communication system connected to the central office, or at least with a mobile phone.
Regarding the transport of cash or valuables:
- agents on duty inside the vans must wear company uniforms;
- agents circulating in company cars must be equipped with a radio communication system connected to the central office, as well as a mobile phone.
Each change concerning the board of directors, the management and the administration must be communicated to the Ministry of Justice.
Cessation of activity
In the event of a voluntary cessation of their activities, the accreditation holder must inform the Minister of Justice, as well as all their clients:
- by registered letter, of the intention to cease activities;
- at least one month before the date fixed for the cessation of activities.
Sanctions
The beneficiary who does not respect the obligations of the conditions of accreditation runs the risk of:
- a revocation of the accreditation by the Minister;
- criminal sanctions: imprisonment and/or a fine.
Appeals
A decision to grant (conditionally), refuse or revoke the accreditation is an administrative decision. The applicant may contest the decision via the usual means of appeal (non-contentious appeal, judicial appeal), provided the applicable legal deadlines are complied with.
It is also possible to lodge an appeal with the Ombudsman.
Who to contact
Arms and Security Service
-
Ministry of Justice Arms and Security Service
- Address:
- 13, rue Erasme L-1468 Luxembourg Luxembourg
- Fax:
- (+352) 22 05 19
- Email address:
- armes@mj.etat.lu
From Tuesday 17 March 2020, the reception desk will be closed until further notice
Related procedures and links
Procedures
Links
Legal references
-
Loi du 12 novembre 2002
relative aux activités privées de gardiennage et de surveillance
-
Règlement grand-ducal du 22 août 2003
portant exécution de certaines dispositions de la loi du 12 novembre 2002 relative aux activités privées de surveillance et de gardiennage
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