Key Benefits:
EXECUTIVE BRANCH
SECRETARY OF PUBLIC SECURITY
Federal Private Security Act REGULATION.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
FELIPE DE JESÚS CALDERÓN HINOJOSA, President of the United Mexican States, exercising the power conferred on me by Article 89, fraction I of the Political Constitution of the United States Mexican, and based on the articles, 13 and 30a of the Organic Law of the Federal Public Administration, 150, 151 and 152 of the General Law of the National System of Public Security and 1, 3, 4, 5, 15 and other relative of the Federal Security Law Private, I have had to issue the following
FEDERAL PRIVATE SECURITY LAW REGULATION
TITLE FIRST
GENERAL PROVISIONS
ONLY CHAPTER
GENERAL OPTIONS
Article 1.- This order is intended to regulate the provision of private security services when they are provided in two or more federal entities, in terms of the law Federal Private Security.
Article 2.- For the purposes of this Regulation, in addition to the definitions set out in Article 2 of the Federal Private Security Act, the following definitions shall apply:
I. Personal identification card: The identification to be issued to the operative staff once they are duly registered in the National Register of Public Security Personnel, after payment of the duties corresponding;
II. Unique personal identification card: The format required by the National Register of Public Security Personnel to enroll operational personnel;
III. Directorate-General: The Directorate-General for Private Security of the Secretariat for Public Security;
IV. Law: The Federal Private Security Act, and
V. National Register: The National Register of Companies, Personnel and Private Security Equipment.
Article 3.- To provide private security services in two or more federal entities, it will be necessary to obtain the authorization granted by the Secretariat through the Directorate General.
Service providers, in all cases, must comply with local provisions that regulate different subjects to private security in the federal entity that provide the services.
Article 4.- The application and enforcement, both of the Law and of this Regulation, correspond to the Secretariat through the Directorate General.
TITLE SECOND
OF THE PRIVATE SECURITY SERVICES
CHAPTER I
MODES IN SERVICES
Article 5.- For the purposes of the application and interpretation of the modalities provided for in Article 15 of the Law, the following shall be understood as non-limiting:
I. PRIVATE SECURITY IN ASSETS, provides for care, protection, protection, surveillance, and custody of movable and immovable property. In the case of immovable property, the services to be provided shall include persons in the premises;
II. PRIVATE SECURITY ON MOVING GOODS OR VALUES, contemplates the following submodes:
a. Special, when the transfer of commercial cargo and other objects which, by their economic value intrinsic or assigned by the expectations they generate, or because of their dangerousness, may require more protection, and
b. Surveillance, when it is required to monitor the shipment of the goods described in the preceding paragraph;
III. PREVENTION AND ACCOUNTABILITY SYSTEMS, to obtain background, solvency, location or person activity information can be done through the application of transparency and reliability testing, as well as those using the polygraph.
Service providers operating in this modality will not be able to carry out the investigative functions entrusted to the Public Ministry and the Police corporations, in accordance with Article 21 of the Constitution, and
IV. LINKED ACTIVITY WITH PRIVATE SECURITY SERVICES, contemplates the following submodes:
a. The related activity, directly or indirectly, with the installation or commercialization of shielding systems in all types of motor vehicles, and
b. The activity relating, directly or indirectly, to the installation or placing on the market of specialised technical equipment, devices, apparatus, systems or procedures, including, inter alia, the armoured vests and other garments with ballistic protection, closed television circuits (CCTV), global positioning systems (GPS), access controls and electrified fencing.
CHAPTER II
OF ISSUING, MODIFYING, AND REVALIDATING AUTHORIZATION
Article 6.- The General Directorate for granting the authorization referred to in Article 3 of the Regulation, the Service Prestor shall comply with Article 16 of the Act.
Article 7.- The authorization to provide private security services may be granted in respect of one or more modalities of those provided for in Article 15 of the Law, when the petitioner accredits fully compliant with the requirements set out in Article 25 of the same legal order.
Article 8.- The application for authorization to provide private security services shall be made in writing addressed to the General Directorate, which shall contain:
I. Name, name or social reason of the physical or moral person of Mexican nationality;
II. Home to hear and receive notifications, as well as the name of the person or persons authorized to receive them;
III. The mode or modes requested, with each of the activities to be performed in detail;
IV. Where applicable, the data relating to the particular license for the carrying of firearms granted to the Service Prestor, as well as original attachment accompanied by a simple copy for its collation or certified copy thereof;
V. The territorial scope in which you intend to provide the service;
VI. Name, if any, of the legal representative, as well as the data of the instrument in which its representation is made. This instrument shall be attached to the application;
VII. Address of the parent office and, where appropriate, of the branches;
VIII. Place and date of subscription of the document;
IX. Signature of the data subject or legal representative, and
X. Other than to establish other applicable regulatory provisions.
Article 9.- Dealing with the application to revalidate the authorization granted, the Service Prestor must promote it at least thirty days in advance of the extinction of the The validity of the authorization, which must manifest, in protest of truth, not to have varied the conditions existing at the moment of being granted and to update, if necessary, the documentaries and requirements referred to in article 19 of the Law.
In the event of any omission of the above requirements, it shall be carried out in accordance with the provisions of Article 18 of the Law.
Article 10.- When the General Directorate receives the application for authorization, within ten working days, it will ask the federal entity to have the Service Provider set up or to establish its parent office, a report on the applicant's professional background, image and social impact.
In the required report, the Directorate-General may request the competent authority to validate the data provided by the Service Prestor regarding compliance with the relevant local legislation.
This report must be sent by the local authority to the Directorate-General within a maximum of 15 working days and will be considered when it comes to resolving the matter.
If the report is not received within the set deadline, there will be no objection from the appropriate entity.
Article 11.- Concluded the period provided for in Article 26 of the Law, the Directorate-General will analyze whether the information and documentation displayed by the applicant or the applicant for the authorization complies with the provisions of the said item, for which you will issue the corresponding resolution.
Article 12.- The revalidation or modification of the authorization, will be granted prior to the analysis of the application and assessment of the elements of verification offered by the Service Prestor, as well as the background existing in the General Address files.
In the case of revalidation, the second paragraph of Article 20 of the Law should also be considered.
Article 13.- Of the requirements set out in the Law and the Regulation, in the case of applications related to the modality provided for in Article 15, section VII of the Law, the compatible with the services will be required which is intended to be provided by virtue of the authorisation, revalidation or modification in that modality.
Article 14.- The General Directorate may perform verification visits that it considers relevant to ensure that the authorization requester, or the Service Pretor who requests the revalidation or modification of the same, complies with the provisions laid down in the Law, the Regulation and other applicable regulations, as well as with the obligations and restrictions to which the authorisation, revalidation or modification is subject.
Verification visits shall be subject to the applicable provisions of Chapter II, Title 7 of this Regulation.
Article 15.- The modification may be processed during the validity of the authorization or after the revalidation.
In the case of the application for modification of the authorization, the authorization must specify the adequacy required, state the reasons, and, where appropriate, annex the documentation with which it is established that it has the necessary requirements. applicable in accordance with the proposed amendment.
The modification will have effects during the validity of the authorization or revalidation, as the case may be.
Once the validity of the authorization is extinguished, the revalidation request will not proceed; but this will not prevent the particular person from requesting a new authorization.
Article 16.- In addition to the provisions of Article 17 of the Law, the authorization shall contain the general data of the Service Prestor, the date of issue, the date of expiration of the same and the other established in other applicable provisions.
Article 17.- When the Service Provider suspends its activities, either temporarily or permanently, it shall do so in the knowledge of the Directorate-General within a period not exceeding three working days, in accordance with the 32, part XXIII of the Law; if it is temporary, it must indicate the causes and the estimated time in which the service will be restored, so that the effects of the respective authorization will be suspended, provided that it is not for more than six months the suspension and is within thirty calendar days prior to the expiration of the validity of the the authorization.
Similarly, the Service Prester will make the knowledge of the Directorate General, the resumption of its activities for the corresponding effects.
Article 18.- If granted authorization, revalidation or modification, the General Directorate assumes that the documents, reports and instruments presented by the Services Prestor are without authenticity, or their statements they may be false, a hearing shall be given to a hearing, which shall have verification within a period of no more than five working days following the date on which it was aware of the facts, to the effect that it expresses what is appropriate and, where appropriate, display any evidence you deem appropriate.
Held the hearing referred to in the preceding paragraph, the Directorate-General shall decide on the revocation of the administrative act issued in favour of the Service Provider if the latter fails to prove the legality of the requirements which exhibited to obtain the authorization and, where appropriate, will give the Public Ministry a view of the legal effects.
CHAPTER III
OF THE REQUIREMENTS FOR DELIVERING SERVICES
Article 19.- For compliance with the requirements set out in the Act, the following will be taken into account:
I. In case the Service Provider is a moral person, its social object must be congruent with the modality or modalities in which it intends to obtain the authorization;
II. The management, administrative, technical and operational staff relationship shall contain the name, address, age, place and date of birth, federal registry of taxpayers, single key of population registration and degree of studies, all of which is proven by appropriate documents, as the case may be;
III. The domicile in which the parent office is located and, where applicable, the branches, must be credited through the Federal Register of Taxpayers or public service payment receipts.
If the utility payment voucher is not found on behalf of the Service Prestor, the legal possession must be credited. of the building;
IV. For training, the following will be taken into account:
a. The operating manual must be in accordance with the requested mode or modalities, and must contain the hierarchical structure of the company and the name or names of the responsible or operational responsibility.
It shall also contain, at least, the general and specific guidelines of the private security services it provides, the principles of action, obligations and duties that the Law and the Services Prestor have to be applied by their operating personnel in the performance of their services and the basic indications for the use of the equipment that the operating personnel could employ.
b. Internal trainers must present curricula and constances that support their capabilities;
V. The curriculum of the management staff, or who will occupy the relevant positions, must contain at least personal data, schooling, work experience and self-reporting;
VI. The credential format to be issued to the management, administrative and operational staff shall contain at least: name, address and telephone of the Service Prestor; name, unique key of population registration, unique key of personal identification of the case, photograph and signature of the person carrying the case; the validity and signature of the service provider or his legal representative and, where applicable, the identification of the weapon and the number of the license for the carrying of weapons;
VII. The photographs of the uniform will be presented in color, by the four views and full body. In these cases, the colours, logos, badges and any other means of identification bearing the operational staff, as well as the complementary attachments to be used, shall be clearly visible.
VIII. The inventory of equipment shall contain: uniform, electronic, electrical, telecommunications and other equipment in the field of radio communication, weapons, vehicles, semovents and animals trained to provide security services or, in their case, the manifestation that they do not have such equipment, and
IX. The vehicles used for the provision of services must be marked, in their four views, with the name and logo or emblems of the Service Provider, the registration number given by the Directorate-General and the "Private Security" legend.
Article 20.- To prove that you have the human, training, technical, financial and material resources that enable you to develop your activities properly, the Service Prestor must:
I. Count at least one telephone line intended exclusively for the attention of calls from the general public;
II. In the event of an internal trainer, the Service Provider must demonstrate that it has the necessary infrastructure for the training of its operational personnel, considering the mode of service delivery and the number of personnel to train;
III. With regard to the modality provided for in Article 15 (III) of the Law, and in particular for the transfer of securities, the quantity and characteristics of the armoured vehicles to which it is reported must be reported. describing marking, type, model, plates and vehicle identification number. Such shielding shall not be less than level IV, in accordance with the corresponding Mexican Official Standard, as well as the number of operating personnel assigned for each vehicle unit, which shall be consistent with the operability of the services;
IV. In the form of Security of Information, which the technical staff has the expertise in the field of computer security;
V. Report the number of staff to be provided with the private security services in each of the federative entities in which it intends to operate, justifying that this amount is sufficient to guarantee adequate operativity in each of the requested modes, and
VI. In case of no use of weapons or equipment in the services provided in the modalities provided for in Article 15, fractions I, II and III of the Law, the means to be allowed to the operating personnel must be specified. to perform the service.
Only in the case of service providers applying for the first time authorisation and who do not have staff and equipment, the Directorate-General may grant a period of up to 30 days. (a) to the extent to which it is necessary to carry out the tasks of the staff and to the extent to which it is necessary to carry out the tasks; After that time limit, without the individual proving that he has the human, training, technical and material means to provide the services, the Directorate-General shall agree, in the light of the matter, on the modification of the authorisation or the revocation of the same, according to the documentaries exhibited by the individual.
Article 21.- The provision of security services in financial institutions shall, in addition to the provisions of this Regulation and the Law, be subject to the provisions of the law. applicable.
Article 22.- The processing of authorization, revalidation, or modification, for those who provide private security services in two or more federative entities, will be the requirement to perform the the respective entries in the National Register and the other formalities to which there would be a reason for the authorisation of the Service Prestor.
THIRD TITLE
OF PRINCIPLES OF PERFORMANCE AND OBLIGATIONS
CHAPTER I
OF THE OBLIGATIONS OF SERVICE PROVIDERS
Article 23.- The Service Providers, in addition to the obligations set forth in the Act, must comply at all times with the following:
I. The provisions contained in the Official Mexican Standards which, by reason of their activity, must be observed;
II. Prior to payment of duties, consult the Directorate-General on the police history of the operational staff, which will be necessary for the registration of such personnel in the National Register;
III. Refrain from using in its name, social reason, name, stationery, identifications, documentation, uniforms and any other means of public knowledge, the words "police", "agent", "investigator", "federal", or any another similar one that can imply a relationship with the armed forces or public security bodies, both federal and state, national or foreign;
IV. Use in your stationery, documentation, advertising and credentials, the number of authorization, revalidation or modification, name or social reason of the Service Provider, logo, address and telephone;
V. That the uniform, regardless of the model or colours used by the operating staff, must be visible on the sides of the sleeves and on the left side of the chest, the logo or emblem and the name of the Service Provider, accompanied by the words "Private Security"; refraining from using any type of insignia, logos or emblems that may be confused with those that it is regulated to use to the security bodies public or armed forces, or which refer to national patriotic symbols, to shields or flags officers from other countries, or security or military institutions from abroad.
All the operational staff of the Service Prestor, with the exception of the managers and the administrative staff, are obliged to use the uniform that identifies them as private security personnel;
VI. That on the front of each of the buildings you use as a parent or branch office, you have a surface of at least one square meter, where you specify: name, social reason or name of the Prestor Services; logo or emblem of the same; number or registration of authorisation, revalidation or modification to provide its services; address, hours of care for the public and their telephone numbers;
VII. Report immediately to the competent authority on any conduct that is presumed to be criminal and in which its operational personnel are involved. You must also report any facts that are known to you in the exercise of your functions and are presumably criminal. Such complaints shall be brought to the attention of the Directorate-General
VIII. Respond, in solidarity, for the damages caused by your personnel when providing the security services, either to the users or to third parties;
IX. Conduct yourself with truth in each and every report and document you present to the Directorate General;
X. Take a record of each service that you perform or lend, which must be kept for the duration of the authorization or revalidation;
XI. Ensure, as appropriate, compliance with the principles of performance and performance of its operational staff as provided for in Article 27 of this Regulation;
XII. Provide the data for the registration of its personnel and equipment, as well as the statistical and crime information generated in the provision of services in terms of the General Law of the National Public Security System and other applicable provisions;
XIII. To initiate the provision of the services within a period of 30 working days from the notification of the corresponding authorization resolution, unless justified by reason of the documentation proving that circumstance, and
XIV. Draw up an internal regulation to determine the obligations and abstentions of administrative and operational staff, in accordance with the Law, this Regulation and other applicable legal provisions.
Article 24.- The Service Providers authorized for activities directly related to the installation of shielding systems in all types of motor vehicles shall adhere to the vehicle in question and on a permanent basis, an identification plate containing the data of the Service Prestor, such as: name, name or social reason, address and telephone number, as well as the number of the plate.
The plate will be eight by four centimeters and will be placed in any of the following three locations:
I. On the side of the left front door;
II. In the box, on your left side, or
III. At the central post, at the bottom, on the driver's side.
Article 25.- The Authorized Services Prestor for activities directly related to the installation of shielding systems in all types of automotive vehicles must extend to the (a) a record of authentication, in writing, which must contain at least the following elements:
I. Data from the Services Prestor describing name, address, telephone number, and the registration number of the authorization granted by the General Directorate;
II. The essential data of the vehicle in question describing the brand, type, model, number plates and vehicle identification number; as well as the name, name or social reason of the owner;
III. The indication that the Service Pretor complies with applicable legal provisions, and
IV. The number of the identification metal plate, assigned by the Service Prestor itself.
This document must be authorized by the Directorate-General by a numbered hologram, which will be provided by the Directorate-General at the request of the Service Provider, and will be placed in the left side of the autograph signature of the document in question.
Article 26.- To perform the provision of private security services in the mode of prevention systems and responsibilities, the Service Pretor must carry a file (i) individual cases in which the name, social reason or name, address and other general data are included which permit the identification of the borrower, his written consent, and the name and data general of persons who may be affected by the service in question.
CHAPTER II
PRINCIPLES OF ACTION FOR OPERATIONAL STAFF
Article 27.- The staff of the Service Providers shall observe in their performance and performance, in addition to the principles of legality, objectivity, efficiency, professionalism, honesty and respect for the human rights recognized in the Political Constitution of the United Mexican States and in the International Treaties, the following:
I. Act in the framework of the obligations imposed on you by the Law;
II. Take care at all times for the integrity, dignity, protection and proper treatment of persons, and must refrain from any arbitrary acts of violence and abuse, and using their powers and means available in accordance with and proportionality;
III. Perform its duties impartially, without discriminating against any person;
IV. To seek the prevention of anti-legal conduct;
V. Turn to the use of force as a last option;
VI. Do not in any way incite the commission of illegal activities;
VII. Capacity on human rights;
VIII. Provide assistance to those who are threatened with danger or have been victims of a crime and, where appropriate, request emergency medical services, and
IX. Other than any other applicable provisions.
CHAPTER III
OPERATIONAL STAFF OBLIGATIONS
Article 28.- Operating personnel will be obliged to:
I. Carry out the necessary actions to enable it to prevent the commission of criminal acts or administrative offences in relation to its object of protection as far as possible;
II. Make immediately available to the competent authority, persons who have been held in flagrant violation by the commission of a crime, as well as the instruments and evidence that they have knowledge;
III. Report in writing to the borrower the anomalies and emergencies that in the exercise of their functions have knowledge. The report shall contain the date of the event and the date of preparation of the report, with the description of the time, place and mode of the event, as well as containing the name and signature of the undersigned;
IV. Use in working hours the uniform that identifies them as private security personnel, as well as the identification and credential card of the company;
V. In case of using firearms, carry the amstops on the particular license granted to the Service Prestor, and
VI. Other than any other applicable provisions.
Article 29.- The operational staff must be abstaining from:
I. To report to work under the influence of alcohol, drugs or drugs or to consume these substances during the performance of their duties;
II. Incur lack of honesty, probity and any type of illicit conduct;
III. Disseminate information derived from the exercise of its functions;
IV. Make misuse of the tools and equipment provided to you to provide your services;
V. Infer, tolerate or permit acts of torture, ill-treatment, cruel, inhuman or degrading acts, even in the case of a higher order or are argued in special circumstances, such as threats to public security, and
VI. Other than to establish other applicable provisions.
The enforcement of the law, the regulation and the provisions of the internal provisions of the Services Prestor will result in the enforcement of the sanctions provided for in the Applicable Internal Work Regulations, Manual or Operational Instructional, regardless of the other legal responsibilities that their conduct may generate, both for the operational staff, and for the Service Prestor.
CHAPTER IV
IDENTIFYING OPERATIONAL STAFF
Article 30.- All operating personnel will have a personal identification card, which will be issued by the General Directorate at the expense of the Service Prestor, no longer than twenty years. natural days after the date on which the latter provided the unique personal identification card and the payment of the corresponding rights.
This cedula must be front-page in a visible place, during the service delivery in such a way that it is appreciated with the naked eye.
In case of theft, loss or loss of the same, it must be made known to the Public Ministry so that, with the display of the respective act and prior the payment of corresponding rights, the Directorate General perform the replenishment by stating this fact.
Article 31.- The Service Prestor shall return personal identification cards issued by the General Directorate, when operational personnel cause low, by annexing the document that accredit the above, which shall do so within a period not exceeding three working days from verified the fact.
In case the Service Prestor will cease to operate as such or that, for any circumstance, will no longer be authorized to do so, it must return to the General Directorate in a term of five working days, from verified the fact, the totality of the Personal Identification Cedulos, for the case of refusal or omission, will be made effective the policy of bail, in terms of the applicable provisions.
TITLE FOURTH
From the national enterprise registry, Personal and Private Security Equipment
CHAPTER I
OF THE STAFF LOG
Article 32.- The National Register will contain the high and low partners, management, administrative and operational staff, as well as the legal representative of the Service Providers.
For the purpose of enrolling operational personnel with the National Public Security Personnel Registry, the Service Providers, in addition to filling the format of the unique personal identification card duly required, they must display the following documents:
I. corresponding payment voucher, as provided for by the Federal Rights Act;
II. Certified copy of the birth certificate;
III. Home proof, with an age of less than three months from the date of issue;
IV. Official identification in effect, and
V. The approval results of the medical, toxicological and psychological examinations of the item to be enrolled.
When a low record is made, the causes of the record must be indicated.
Article 33.- The registration of the partners, legal representatives and the management, administrative and operational staff of the Private Security Service Providers will be done through formats electronic or printed, which shall contain at least and as appropriate the following information:
I. Identification data that includes the name, sex, Federal Taxpayer Registry, Single Key of the Population Register, date and federative entity of birth;
II. Level of studies;
III. Address;
IV. High, low, attachment, activity, or range changes, including the reasons that motivated them;
V. Vehicle, armament and other assigned equipment;
VI. Training received;
VII. Work history;
VIII. Sanctions, administrative or criminal penalties applied;
IX. Special identification signs;
X. Approval results of the medical, psychological and toxicological assessments performed on the operational staff; and
XI. Personal References.
CHAPTER II
WEAPONS AND EQUIPMENT REGISTRATION
Article 34.- The National Registry will contain:
I. For each firearm: Matricula, model and the data relating to the particular license that it supports;
II. For each uniform model;
III. For each vehicle: type, mark, model, number plates and vehicle identification number, and
IV. For each radio and telecommunication equipment: type, brand, model, and serial number.
CHAPTER III
FROM THE BUYER AND USER REGISTRY FOR ACTIVITIES LINKED TO PRIVATE SECURITY SERVICES
Article 35.- It is the duty of the Service Providers authorized in the modality established in section VII of article 15 of the Law, to present to the General Directorate, the personal data of the buyers and users of the services related to the cited modality.
For personal data it should be understood:
I. From buyers and users:
a) Name, name, or social reason;
b) Address;
c) Single population record key in the case of individuals or Federal TaxPayers if they are a moral person, and
d) Identification document data, which may be: credential to vote with photograph, driver's license, professional card, passport or similar document.
II. Of the person who supplied the equipment:
a) Name, name, or social reason, and
b) The registration number of the authorization or permission that accredits them as properly authorized service providers.
The data referred to in this Article shall be delivered in a free and semi-annual format, the period of which shall begin to run on the working day following the date of the authorisation or revalidation of the service provider.
The Directorate-General shall be responsible for the confidentiality, keeping, custody and reservation of the data referred to in this Chapter, in accordance with the rules laid down in Article 14 of the Law, without prejudice to the fact that the Service Providers maintain the information in strict confidentiality.
TITLE FIFTH
OF THE OPINION FOR OPERATIONAL PERSONNEL TO BE ABLE TO CARRY FIREARMS IN THE PERFORMANCE OF THEIR DUTIES
CHAPTER I
OF THE REQUIREMENTS
Article 36.- For the purposes of Article 24 of the Law, the following shall be observed:
I. To request the opinion in writing addressed to the Directorate General, in which the number of authorization with which they count, the modality of the service, the territorial scope where the firearms will be carried, the address for the keeping and custody of the armament, as well as annexing:
a. The statement of reasons justifying the need to carry firearms in the provision of private security services, by displaying the documentary evidence of the need;
b. The relationship of the operating personnel who will carry the firearms, detailing the characteristics of the firearms and their assignment;
c. The corresponding payment voucher, in accordance with the provisions of the Federal Rights Act, and
d. The proof of payment of rights by the police background query of each operative element that will carry the firearm and that it is proposed to include in the favorable opinion;
II. In case of obtaining authorisation to provide the private security services by a local authority, in addition to the above in the previous fraction, it must be submitted:
a. Certified copy of the corresponding local permission or authority;
b. A certified copy of the company's constituent act and its modifications, as well as the notarial testimony to which the legal representative's personality is credited;
c. Constancy of no criminal record of operating elements intending to carry firearms, and
d. Managerial staff curriculum, and
III. The other to establish other applicable provisions.
CHAPTER II
OF THE PROCESSING
Article 37.- Submitted the opinion request with the requirements outlined in the previous article, the General Address will dictate the processing start, order the background search police of each element and, if necessary, verify their registration in the National Register.
If you have not accompanied your application for any of the above requirements, the Directorate-General, within five working days, will prevent the person concerned from submitting the omission within a period of time. ten business days.
Article 38.- Concluded the deadlines referred to in the previous article, the study of the documentation shall be carried out within five working days and the opinion shall be issued from. This opinion will be made of the knowledge of the Secretariat of National Defense.
If favorable opinion is granted, it will contain the number and name of the operative elements, the number and characteristics of the firearms, as well as the places of use and protection of the same.
Article 39.- The identification data of the opinion that is issued must be entered in the National Register in terms of Article 12, fraction VIII of the Law.
TITLE SIXTH
OPERATIONAL STAFF TRAINING AND UPGRADING
CHAPTER I
OF TRAINING
Article 40.- The training of operational personnel is aimed at developing, in an integral way, the physical and intellectual skills that enable the effective delivery of the service that is entrusts.
Article 41.- Internal or external trainers must have sufficient professionalization to provide training and updating courses, so that the operating staff of the The services will acquire the theoretical and practical knowledge that will lead to their professionalization; a situation that they will have to prove to the General Directorate.
Article 42.- The Service Provider must provide its operating personnel, courses in accordance with the authorized and human rights mode at least once a year, to comply with the permanent update, which will be credited with the constances of work skills issued by the trainers or the training centers, in accordance with the provisions issued by the Secretariat of Labor and Social Security and other applicable legal provisions.
Article 43.- As part of the support in the implementation, control and monitoring of the training and training of the operational staff of the Service Providers, the Directorate General should:
I. Identify the training stages covered by the operational staff in accordance with the plan or programme presented to the Directorate-General;
II. Verify that the training of the operational staff is efficient, effective and quality;
III. Integrate the standard of authorized trainers and trainers that provide training to the operational staff;
IV. Make agreements with the Service Providers to assist in the implementation and modification of their training and training plans and programs;
V. Establish an annual training program for training with the Service Providers, aimed at approving the respective plans and programs, and
VI. The other acts necessary for the fulfilment of their purposes, in accordance with the applicable provisions.
Article 44.- The General Directorate, in terms of Article 153-U of the Federal Labor Law, may exempt the Service Prestor from the plans and programs referred to in section VIII of the Article 25 of the Law.
CHAPTER II
OF TRAINING CENTERS
Article 45.- The Directorate-General, in terms of Article 29 of the Law, will verify, authorize and revalidate private training centers that provide training and training services. in the case of private security, integrating the corresponding register.
They are requirements for granting the authorization of private training centers:
I. Present original or certified copy, accompanying a simple copy for its collation, of the following documents:
a. With regard to moral persons, constitutive acta and the constancy of registration in the Public Registry of Commerce, as well as the last modification if it has, owing to such writing to establish in its social object, the relative to the training of private security operational elements.
In the case of natural persons, they must present an official identification;
b. Name, if any, of the legal representative, as well as the data of the instrument in which its representation is made;
c. Constancy of the Register issued by the Secretariat of Labor and Social Security that accredits it as an external training agent, the same as the General Directorate will consult with the Secretariat of Labor and Social Security that has not been revoked;
d. The thematic content of the private security training program, including the modules and hours each of them comprise;
e. Staff of instructors and/or trainers who work in the private training center, as well as their constances and records of the Secretariat of Labor and Social Security, in addition to the curriculum of the same;
f. Relation of managerial and administrative staff, containing full name and address, as well as curriculum of management staff;
g. Note the address of the parent, where appropriate, of the branches, in addition to attaching the corresponding vouchers and accompanying the colour photographs of the facade of the buildings referred to above, which must be updated each time they have any modification of any kind;
h. The relationship of movable and real estate that is used for the service, and
i. In case of use of firearms, they must prove that they have the corresponding license.
II. Submit in writing the express acceptance to the effect that once they are authorized, the necessary facilities are granted to the Directorate-General to carry out verification visits to its operation.
Article 46.- The authorization, revalidation and verification of the private training centers shall be subject to the same terms and conditions as indicated by the Law and this Regulation. for the Service Providers, specifically provided for in Articles 18, 19, 20, 22, 23, 36, 37 and 38 of the Act.
CHAPTER III
OF THE APPLICATION OF MEDICAL, PSYCHOLOGICAL AND TOXICOLOGICAL TESTS TO THE OPERATIONAL STAFF IN THE AUTHORIZED INSTITUTIONS
Article 47.- The Service Providers shall apply to their operational staff medical, psychological and toxicological examinations in the institutions authorized for this purpose. The results of the evaluations shall show that the operational staff has the physical, medical and personality profile that requires the modalities in the private security services, as well as checking the absence and non-use of the psychotropic substances, narcotic substances or other substances producing similar effects. The evaluations referred to in this provision shall apply in order to apply for registration in the National Register of Public Security Personnel and, at a later date, at least once a year, from the date of the last assessment.
Article 48.- The Service Prester will display to the Directorate-General, the approved results of the examinations referred to in Article 47 of this Regulation, to request the registration of the operational staff in the National Register of Public Security Personnel. In the case of annual evaluations, applied after registration, the Service Prestor will report the results in the corresponding report, which must be submitted within the first ten calendar days of each year. month.
Article 49.- The Directorate-General shall keep a register of public or private institutions authorised as assessment centres and trust control by the competent authority, whose information will be provided to the Service Provider who requests it for the evaluation of its operational personnel.
Article 50.- The approval of such examinations will be a prerequisite for maintaining the registration in the National Register of Public Safety Personnel and the permanence of the operational personnel as an active element of the Service Prestor.
TITLE SEVENTH
OF THE MONITORING AND CONTROL OF SERVICE PROVIDERS AND TRAINING CENTERS
CHAPTER I
OF THE QUEUE
Article 51.- Any person who has knowledge of irregularities committed by the Training Centers, Service Prestors or by operating personnel, in the exercise of their functions or activities, may denounce the facts before the Directorate-General, making the corresponding complaint and accompanying, where appropriate, the documentary evidence or data to enable the alleged irregularities to be determined data which may serve as a support for the prosecution of the proceedings relevant.
The complaint will be resolved according to the following procedure:
I. Once the complaint has been received, the corresponding file will be filed with the Directorate General, in terms of Article 46 of the Federal Administrative Procedure Act;
II. Prior to the analysis and assessment of the documents or data in the file, the Directorate-General must prove its competence to hear the complaint in terms of Articles 1 and 16 of the Law;
III. Defended competition, both territorial and matter, the Directorate General will order the proceedings relevant to be tested, without further limitations than those laid down in the Act and, where appropriate, order the practice of a verification visit to check compliance with the standard on private security;
IV. The case file will be notified and the complaint and its annexes will be transferred to the Training or Services Prestor against which the procedure is initiated, to the effect that it provides the pleadings that it considers relevant within five working days;
V. After the verification visit, the individual will be able to provide the evidence he deems relevant, setting the points on which they relate, both in relation to the facts contained in the minutes of the verification visit, and to the letter of complaint, within five working days from the working day following that of the visit; extended for a further three days in accordance with Article 31 of the Federal Law of Administrative Procedure;
VI. The proof of evidence offered and accepted will be performed within a period of no less than three and no more than fifteen days, counted from their admission, and
VII. The evidence-proof stage is concluded, the General Directorate will issue the resolution that proceeds in terms of the Law and this Regulation. In all cases, the Federal Administrative Procedure Law will be applicable in an extra way.
CHAPTER II
OF VERIFICATION VISITS
Article 52.- The authority shall conduct verification visits by observing the provisions of Article 13 of the Federal Administrative Procedure Act, as well as the principles of unity, functionality, coordination, professionalism, simplification, agility, accuracy, transparency and impartiality.
The Directorate-General may conclude collaboration agreements with the competent authorities of the federal entities on verification visits.
Article 53.- The authority, shall practice verification visits, in the terms provided for in the Federal Administrative Procedure Act, and as otherwise provided for in this, the following shall be observed:
I. In the event of failure to meet the Services Prestor or its legal representative, the address at which the service is to be performed will be left in the premises for the purpose of waiting for the verifier, stating the day and time when the verifier is to be performed. (a) Diligence, warning that failure to do so shall mean the diligence with whom it is found or, where appropriate, it shall be deemed to be in opposition to the practice of such care, where access is not permitted or the necessary facilities to develop the verification visit;
II. The Training Centres, the Service Providers and the management, administrative or operational staff who are subject to verification must be fully identified and identify the role they play within the company;
III. When it is not possible to terminate the verification visit on the day of its commencement, the minutes shall be closed by fixing the day and time for their continuation;
IV. The person visited is obliged to display, where appropriate and in accordance with the respective order, the invoices, service contracts or similar documents, with which he accredits the provision of services in the terms that is authorized.
For the above purposes, the Training Center or the Service Prestor will be required to keep in its parent office, the documentary evidence respective, during the period of validity of the authorization;
V. The authorized staff for the diligence, may raise sketches, obtain copies of the documentation, take photographs or video, and leave other legal means to properly fulfill their function, and
VI. If the visit is performed simultaneously in two or more places, each of the respective minutes must be lifted.
Article 54.- When the requirements laid down in the Law, the Regulations and the Federal Administrative Procedure Law, for the practice of verification visits, are not met, the It shall not be of probative value, without the consent of the Training Center or the Service Prestor or of the person who has attended the care.
TITLE EIGHTH
SECURITY AND SANCTIONS MEASURES
CHAPTER I
SECURITY MEASURES
Article 55.- In cases of extreme urgency, when it is not possible to start the corresponding administrative procedure, when starting the same or at any stage before passing resolution Finally, the necessary security measures can be taken to safeguard people, their assets and their environment, as well as to protect public health and safety.
Article 56.- Security measures must be consistent and proportional to the nature of the cause that originates them, and may consist of:
I. The temporary, partial or total suspension of private security service provision activities, and
II. To request to the competent authority the freezing and precautionary insurance of the goods and objects used for the provision of private security services, such as: vehicles, weapons, equipment, equipment prohibited or not Authorised to be dangerous or harmful.
To execute the order of immobilization and precautionary assurance of goods and objects, the following will be observed:
a) Raise circumstantial act that includes inventory with the description and status of the goods and objects to be secured.
The circumstantial act shall bring together the same formalities as a verification visit record;
b) Identify the assets and objects secured with seals, marks, cones, iron, signs, or other appropriate means;
c) Provide the appropriate and immediate measures to prevent insured goods or objects from being destroyed, altered, or disappear, and
d) Once the above requirements have been satisfied, if necessary, make the goods or objects available to the competent authority, within the following seventy-two hours, on the date and places previously agreed with that authority, in accordance with the applicable provisions.
Article 57.- When the temporary suspension of activities is adopted as a security measure, for the purposes of advertising and efficacy, stamps may be placed in the respective building, which contain the legend 'partial temporary suspension' or 'total temporary suspension', as the case may be, the data of the authority and the legal bases of the security measure being adopted, as well as the warning that its destruction constitutes a crime in the terms of the applicable legal provisions.
The enforcement of the security measure referred to in this Article shall be circumstantied in the minutes that are lifted on the basis of the diligence performed.
When the Service Provider does not have the corresponding authorization for the performance of its activity, the application of the total temporary suspension will proceed. In other cases, under the assumptions provided for in Article 39 of Law and 56 of this Regulation and the assessment of the particular circumstances of the event, the application of the temporary suspension shall be founded and reasoned, either partial or total.
CHAPTER II
OF THE SANTIONS
Article 58.- The violation of the provisions contained in the Law and this Regulation, as well as the non-compliance with the requirements, obligations and duties contained therein, will give rise to the application of the penalties provided for in the Act.
Article 59.- Compliance with the imposed penalties is public order and mandatory enforcement.
The sanctions imposed by the Directorate General will be entered in the National Register.
Article 60.- The Service Providers who violate the provisions of the Law and this Regulation shall be punished in the terms referred to in Article 42 of the Law of the following form:
I. With warning, in the case of an infringement of any of the obligations laid down in Articles 13, 28, fraction III, and 32, fractions XII, XV, XVII, XX, XXI and XXXIa of the Law; or 23, fractions I, II, IV, VI, VII, VIII, IX, X, XII, XIII and XIV, 31, 48 and 53, fraction IV of this Regulation;
II. With a fine of one thousand up to three thousand times the general minimum wage in force in the federal entity in which the parent office of the Service Provider is located, in the case of the breach of any of the obligations envisaged in Articles 27, fraction II, 28, fractions II, IV and V of the Act; or 23, fractions III, V and XI, 24, 25 and 26 of this Regulation;
III. With a fine of three thousand up to five thousand times the general minimum wage in force in the federative entity in which the parent office of the Service Provider is located:
(a) In the case of infringement of any of the obligations laid down in Articles 27, fractions I and III, 28, fractions I and VI, 29 and 32, fraction XXVI of the Law;
(b) In the case of the breach of the obligation laid down in Article 23 of the Law, provided that the delay in the issuance of the administrative act authorising him to provide services, whether for reasons attributable to the particular person, and
(c) In the case of the breach of the obligation laid down in Article 32, part I of the Act, specifically, in the case of Service providers which have authorization or revalidation granted by the Directorate-General and provide private security services in terms or territorial scope other than the authorised one.
IV. With the closure of the establishment of its parent office or the registered office it has registered, as well as the branches it has in the interior of the Republic, in the case of the infringement of the obligations laid down in the Article 32, fractions II and X of the Act;
V. With the suspension of the effects of the authorization, in the cases provided for in Article 42, section III of the Law, and
VI. With revocation of the authorization, in the cases provided for in Article 42, fraction V of the Law.
Article 61.- Resolutions for which the Directorate applies administrative sanctions, shall be duly substantiated and reasoned considering:
I. The seriousness of the breach and the desirability of deleting practices that infringe, in any form, the provisions of this Regulation or those that are dictated based on it;
II. The personal background and conditions of the offender;
III. The age in service delivery;
IV. The recidivism in the commission of violations, and
V. The amount of the benefit obtained or, where appropriate, the economic damage or injury caused to third parties.
Article 62.- In the event of a recurrence of any breach of any of the obligations under the Law and this Regulation, the following penalties shall be imposed:
I. Where the recidivism is for one of the offences referred to in Article 60, fraction l of this Regulation, the penalty provided for in the section ll of the same Article shall apply;
II. Where the recidivism committed is for one of the offences referred to in Article 60, fraction of this Regulation, the penalty provided for in the lll fraction of the same Article shall apply to it;
III. Where the recidivism is for one of the offences referred to in Article 60, part lll of this Regulation, the penalty provided for in the LV fraction of the same Article shall apply;
IV. Where the recidivism is for the infringement referred to in Article 60, part lV of this Regulation, the penalties provided for in the V-fraction of the same Article shall apply, and
V. Where the recidivism committed is for the infringement referred to in Article 60 (V) of this Regulation, the penalties provided for in the sixth paragraph of the same Article shall apply.
In the event of committing a second recidivism, the revocation of the granted authorization, revalidation, or modification will be sanctioned.
Article 63.- In the event that the Service Provider does not comply with the resolutions imposing any of the above sanctions, the security referred to in the Articles 26, fraction III and 19 of the Act.
Article 64.- The closure referred to in Article 60 (IV) of the Regulation shall cease in its effects once the causes of its imposition are extinguished.
CHAPTER III
FROM IMPROVENANCE AND DISMISSAL OF SANCTIONS
Article 65.- The procedure for applying sanctions is inappropriate when:
I. The facts, actions or abstentions that have been the subject of a previous resolution, and
II. It is against natural or moral persons who do not provide private security services.
Article 66.- The procedure for applying sanctions is overdone:
I. For the death of the natural person against whom the procedure for the application of sanctions was initiated;
II. For the dissolution or liquidation of the moral person against whom the procedure for the application of sanctions was initiated;
III. When, during the trial, some cause of improvenance appears or overcomes, and
IV. For the other facts to be laid down by other applicable provisions.
CHAPTER IV
SANCTIONS EXECUTION
Article 67.- The Directorate-General shall provide the necessary measures to ensure compliance with the penalties imposed, and the following shall be considered:
I. For the enforced execution of the sanctions, the Federal Law of Administrative Procedure will be used. In the case of fines, there shall be the administrative procedure of enforcement, giving the authority the power of enforcement in terms of the applicable provisions, and
II. Where a penalty of a pecuniary nature has been imposed, a period of time may be granted for compliance, which shall not be less than 15 days and no longer than 30 working days.
Article 68.- When executing the closing order, the authorized public server must display valid photo identification credential issued by the competent authority as well as the order A closing express, which shall be left to the Service Provider, its legal representative or the person with whom the diligence is understood.
Article 69.- Attended to the principle of advertising, the Directorate General, in order to be able to carry out the closure of establishments, will have stamps, which will contain the word "closed", the data of the authority, legal basis of the closure, as well as the warning that its destruction constitutes a crime in terms of the applicable legal provisions.
Article 70.- The closing diligence of the establishment shall be lifted by a circumstantial act in the presence of two witnesses designated by the person with whom the diligence is understood, or by whom the practice if the person refuses to designate them, stating the following:
I. The name, social reason, or denomination of the offender;
II. The time, day, month, and year when the diligence is started and completed;
III. The address at which the closure is practised;
IV. The date of the closing order;
V. The name and position of the person with whom the diligence is understood, as well as the data that identifies it and, where appropriate, those who credit its legal personality;
VI. The name and address of the persons who serve as witnesses;
VII. The declaration of the person with whom the diligence is understood, if he wishes to do so;
VIII. The name and signature of those who participated in the diligence, and
IX. Other particular circumstances that are considered relevant by the authorized public server (s).
Article 71.- During the closing diligence of the establishment, the person with whom the establishment is understood is obliged to identify himself and, where appropriate, to accredit his legal personality, as well as to facilitate the performance of the authorized public server.
Due to the diligence, the minutes will be signed by those who intervened, giving the person a person with whom the same was understood, even if he refused to sign it, in which case the server Authorised public shall state this circumstance, which shall not affect the validity of the act.
TITLE NINTH
OF RESOLUTIONS
ONLY CHAPTER
OF RESOLUTIONS
Article 72.- Resolutions shall be dictated in accordance with the principles of congruence and comprehensiveness. They may also be relied upon at all times.
Those affected by the acts or resolutions of the Directorate-General may institute the review facility provided for in the Law, which will be dealt with and resolved in accordance with the provisions of the Federal Law of Administrative Procedure.
TITLE TENTH
OF NOTIFICATIONS
ONLY CHAPTER
OF NOTIFICATIONS
Article 73.- Notifications, citations, requirements, and requests for reports or documents, can be performed:
I. Directly to the person concerned or through his/her proxy or legal representative, administrator or any authorized person for that purpose. Those shall be carried out at the registered office of the applicant or the Service Provider, or at the offices of the Directorate-General, when he or she is personally notified;
II. By telefax or any other electronic means, where the person concerned has expressly accepted it, and
III. By means of a roll, consisting of a publication which shall be fixed for three working days on the notice board of the Directorate-General, where the address has not been registered at the place where the address is situated.
Article 74.- When practicing the notification, the Service Provider, its legal representative or the person authorized to hear and receive notifications will not be present at the address. the notifier shall leave the premises with any older person at the address, so that the person concerned waits for him on the following working day at a fixed time. If the address is closed, the summons shall be fixed in the main access of the building where the diligence is carried out.
If, in spite of the summons, the person concerned does not wait for the Authority at the date and time indicated, the notification must be made with any older person who is at home. If the address is closed, the relevant notification shall be set in its access.
In any case and prior to the practice of the notification, the authorized personnel must verify the identity and domicile of the requested person, by reason of the act, noting all the circumstances that they have mediated at the time of the notification and have obtained the signature or fingerprint of the person with whom the diligence is understood, or the annotation that they did not or could not sign.
Article 75.- While the applicant or Service Provider does not make a new designation of the address where the notifications are to be made, they will continue to be made in which to do so was noted in the initial document.
In the absence of the address reported by the applicant or the Services Prestor, or the refusal of its occupants to receive the notifications, the notifier shall record in cars a other circumstances and, in such a virtue, subsequent notifications shall be made by road.
Article 76.- Any vice or defect in the notification shall be understood to be remedied at the time the data subject is known to be aware by any means of the notified act.
Article 77.- The notifications that are made at the authorized address or in the offices of the Directorate General will have its effects on the same day as they were practiced. Those made by electronic means or by road, shall have their effects on the following working day.
TRANSIENT
FIRST.- This Regulation shall enter into force on the day following that of its publication in the Official Journal of the Federation.
SECOND.- The Private Security Services Regulation is repealed, published in the Official Journal of the Federation on October 13, 2004.
THIRD.- All provisions that are contrary to the provisions of this Regulation are repealed.
CUARTO.- The name "General Directorate of Registration and Supervision of Private Companies and Services" contained in Regulations or any legal or administrative provision, shall be understood as " Directorate General Private Security ".
QUINTO.- The Service Prestors will have a term of ninety calendar days, counted from the entry into force of this Regulation, to conform to the provisions contained in the same.
SIXTH.- The logings resulting from the application of this Regulation shall be made by means of movements offset in the budget of the Secretariat of Public Security. In this respect, no additional resources shall be required for such purposes in the present financial year, nor shall their regularizable budget be increased.
Given at the Residence of the Federal Executive Branch, in Mexico City, Federal District, on the twelve days of October of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary Public Security, Genaro García Luna.-Heading.
