Check of criminal records for aviation security
A check of criminal records is part of the background check an employer (organisation) must carry out. A check of criminal records entails that the Swedish Security Services investigates if the person to be employed appears in the Suspicions Register, the police general surveillance Register or information processed pursuant to Police Data Act.
The Swedish Transport Agency is responsible for submissions to the Swedish Security Service for criminal record check. The criminal record check is not a one-time process, the checks are continuously monitored and remain active until The Swedish Transport Agency informs the Swedish Security Services that security checks are no longer required.
Security classification 3 in Aviation Security
The new Protective Security Ordinance (2018:585) enters into force with effect from the 1 April 2019.
Pursuant to chapter 3, section 9 of the new Protective Security Ordinance shall employment or participation in security sensitive activities be placed in a security class level that corresponds with the requirements for security clearance compliant to the international agreements on security protection.
The new legislation entails, among other things, that the registry check that is carried out in a background check pursuant to section 14 of the previous Protective Security Act will be replaced by a decision on placement in security clearance level 3.
Please be advised that applications sent by the Swedish Transport Agency to the Swedish Security Service, administered by the Swedish Security Service before the 1st of April 2019 will be processed in accordance with section 14 of the Security Protection Act (1996:627). However, applications sent by the Swedish Transport Agency administered by the Swedish Security Service from the 1st of April 2019 will be processed pursuant to the new Security Protection Act and handled as a matter of decision on placement in security clearance level 3.
The duties and roles within the aviation security, which according to the Swedish Transport Agency's regulation (TSFS 2018:20) to undergo security clearance are:
- A position that permits unescorted access to security authorised and restricted areas.
- A position as certified security personnel.
- A position that entails that the person has more than limited access to highly sensitive confidential information of importance for aviation security.
- A position that entails that a person is issued a crew identity card.
- A position as a security manager.
- A position as an instructor carrying out courses for security personnel and EDD-teams.
- A position as a validator of aviation security in the EU.
- A position as a dog handler in an EDD-team.
- A position that entails unescorted access to identifiable air cargo.
- A position that entails unescorted access to necessities used onboard.
- A position that entails unescorted access to necessities to the airport.
- A position entailing a person to carry out security checks, access checks or other security measures outside an authorised area.
Reason for check
Reason for check, it must clearly be stated why the person concerned shall undergo security clearance for example what type of security sensitive activity the person is intended to participate in and what duties he or she is going to carryout.
Authorisation to apply for a check of criminal records.
In order for the Swedish Transport Agency to ensure that correct persons are checked for the right reasons, the concerned organisation must submit the form "Authorisation for check of criminal records for aviation".
Only persons that have been registered with the Swedish Transport Agency according to the information above are authorised to apply for criminal record checks on behalf of the company/organisation.
Where should the application for authorisation of contact/reference persons that will be applying for criminal record checks within aviation security be sent to?
The original application form must be sent to:
Transportstyrelsen
Sjö- och luftfartsavdelningen
Sektionen för säkerhetsskydd,
Registerkontroll
601 73 Norrköping
Sweden
Applications for check of criminal records for aviation security
Application
The application for a criminal record check must done on the form: "Application for check of criminal records for aviation security"
It is important that the form is completely filled in with all the relevant information. Incomplete information can lead to processing delays since the Swedish Transport Agency must request supplementary information. Make sure that all relevant fields are filled in before submitting the form.
The application for a criminal record check must be signed by the contact/reference person who is preregistered with the Swedish Transport Agency as authorised to apply for record checks, see the form: "Authorisation for check of criminal records for aviation security"
Country of residence other than Sweden during the last five years
When an operator employs a person who has had a country of residence* other than Sweden during the past five years, the person must be able to present extracts from criminal records or equivalent from the authorities in the respective country/countries of residence showing that no crimes have been committed. The extract must be in English or Swedish or translated into one of these languages and come from an authority or an official source. Extracts from the criminal records registry from other EU-countries meet the language requirement and a translation is not necessary, providing that the extract follow the template used by the police. The extract must be attached to the application for a criminal records check. If an extract is not attached, the application is not complete.
At the Swedish police authority, it is possible to apply for an extract from the criminal records registry from another EU-country. For more information, see the homepage of the Swedish police authority:
Utdrag från ett annat EU-lands kriminalregister (the Swedish police authority, page in Swedish)
* Country of residence refers to any country in which a person has been resident continuously for six months or more; an interruption means unreported time for more than 28 days in the employment or training list.
Consent from the person the criminal record check concerns
The person the criminal record check concerns must give their consent before the check is carried out. The consent must be documented on the application form by ticking the box for consent.
Check for criminal records for persons under 18 years
If the application is for persons under the age of 18, the form "Appendix to the application for register control for aviation security, for persons under 18" shall be attached to the application.
Contractors and Sub-contractors
If a Contractor or Sub-contractor is present, this must be stated on the form and must also sign the form.
Employment agencies
Information on procedures regarding applications for background checks for employment agencies.
Multiple employers
Even if a person has an active criminal record check from a previous employer, a new application must be submitted from the new employer.
Time limitation
If an assignment related to a records check is limited in time, this must be stated and the validity of the check will expire when the stated period ends.
Place of duty
State the place of duty/airport the request is related to.
Information for foreign citizens
Foreign citizens have to attach copies of a valid national passport or a national ID-card to the application. The copies must be in colour and include relevant pages showing passport number, photograph, social security number, full name, signature, country of birth, gender, validity period and MRZ-code. The passport's hardcover is also regarded as relevant pages. The copies must be certified by a person who has the authority to apply for a criminal records check for aviation security.
The certification must be written on each copy of the identity documents, but not so that information on the copies is hidden or becomes more difficult to interpret. The certificate must contain following information:
a. This copy matches the original
b. Signature and name clarification
c. Phone number
In connection with the application for a check of criminal records a verification is made via the Swedish Tax Agency's population register if the applicant has a Swedish or foreign citizenship.
The Swedish Transport Agency has produced a guideline for establishing identity when applying for register control. The guideline means, among other things, that if other authorities have taken a position on, or recommend not accepting national passports or national identity cards from certain countries, the same applies to us in our review. This means that there are corresponding restrictions regarding documents used by the employer during ID checks in connection with the security control. In practice, this will mean an impediment to holding a position that requires placement in security class 3, as the security control and register control requires that the identity can be established.
This currently applies to passports and ID documents from Afghanistan, Somalia, Syria and certain series of passports from Iraq. There may also be restrictions on documents from Eritrea, Palestine and on stateless Palestinians.
More information on the various countries and identity documents can be found on the Swedish Migration agency´s website.
Where should the application for a criminal record check be sent?
If the person the criminal record check concerns will gain access to a restricted area at an airport, must the applying company send the criminal record check application to the airport concerned for signing (approval). The Airport will then send the application to the Swedish Transport Agency. In other cases, the applying company must send the application directly to the Swedish Transport Agency.
How long does a check of criminal record take?
The processing time is approximately 3-4 weeks. Please note that the time may vary periodically due to high workload. The processing time cannot be affected or accelerated.
Fee
The Swedish Transport Agency charges an administrative fee for a check of criminal records which occurs as a result of placement in security classification. You will find the current fees here.
Deregistering records checked personnel for aviation security
A criminal record checked person is continuously monitored against the criminal records mentioned above. It is therefore important that the applicant of a check of criminal records informs the Swedish Transport Agency when the person ends their employment or change to duties not covered by the requirements.
Deregistering must be done by a pre-registered authorised person with the Swedish Transport Agency by using the form: "Deregistering records check personnel for aviation security"
The form must be sent to:
Transportstyrelsen
Sjö- och luftfartsavdelningen
Sektionen för säkerhetsskydd,
Registerkontroll
601 73 Norrköping
Sweden
Contact
For general enquiries regarding the administration of criminal record checks please use the information below to contact us.
Please note that if your questions refer to a specific case, it's only the authorised contact/reference person registered with the Swedish Transport Agency who will be notified of the answers. For such queries, we kindly advise you to contact us via telephone.
E-mail address: registerkontroll@transportstyrelsen.se
Phone: +46 10 495 37 65
Telephone hours: mon-fri 10:00-11.30.
Postal address:
Transportstyrelsen
Sjö- och luftfartsavdelningen
Sektionen för säkerhetsskydd,
Registerkontroll
601 73 Norrköping
Sweden