Legal Framework and Budget

Budget

Article 1
The Security Information Agency (hereinafter referred to as The Agency) has been established as an independent organization.

Article 2
The Agency carries out tasks relating to the security of the Republic of Serbia; the discovery and prevention of activities which threaten to undermine or disturb the constitutional order of the Republic of Serbia; the acquisition, processing and analysis of security-intelligence information relevant to the security of the Republic of Serbia; informing the competent state authorities about security issues; and other responsibilities determined by the Law.

Article 3
The Agency has the status of a legal entity, in accordance with the Law.

Article 4
The competent authorities control the activities of the Agency, in accordance with the Law and other regulations. The Agency, within its sphere of activities, cooperates with other competent state institutions and services. The Agency cooperates with institutions, organizations and services from other countries and international organizations, in compliance with the directives of the Government of the Republic of Serbia (hereinafter referred to as the Government) and the security-intelligence policy of the Republic of Serbia.

Article 5
The Director, whom the Government appoints and dismisses, directs the activities of the Agency.

Article 6
Special organizational units are formed within the Agency to deal with the security issues within its jurisdiction.

Article 7
The internal organization and job systematization of the Agency are regulated by principles of internal organization and job systematization in the ministries and special organizations, unless certain operations of the Agency require different organization structure.

Article 8
The Director issues internal instructions, which regulate specific aspects of the internal organization and activities within the competence of the Agency, and instructs members of the Agency how to perform their duties.

Article 9
In fulfilling its responsibilities, the Agency employs appropriate operational methods, measures and activities as well as appropriate operational and technical means, to collect information for the purpose of counteracting activities aimed at undermining the constitutional order of the Republic of Serbia and endangering national security. The Agency also undertakes other necessary measures and activities in accordance with the Law and regulations compliant to the Law. The Director of the Agency or a person, whom he authorizes, makes the decision on employing the methods and measures stated in Paragraph 1 of this Article.

Article 10
In carrying out their official duties, members of the Agency are authorized to request and receive information, data and professional assistance from other state agencies and institutions, legal and physical persons that are important for clarification of facts relevant to the sphere of activities of the Agency. No one can be forced to provide assistance, information and data as stated in Paragraph 1 of this Article. Refusing to provide assistance, information or data must be based upon the reasons determined by the Law.

Article 11
On the activities within its competence the Agency processes, stores and uses gathered information and documentation, keeps appropriate records and provides protection of their secrecy. The Government determines the method of filing, processing, storing, using, protecting and dissemination of information and documents from Paragraph 1 of this Article to other competent state institutions.

Article 12
Members of the Agency, assigned to particular organizational units compliant to Article 6 of this Law, engaged in uncovering, monitoring, documenting, preventing, combating and eliminating activities of organizations and individuals engaged in organized crime and criminal acts with elements of foreign, domestic and international terrorism and the severest forms of criminal acts against humanity and international law, and the constitutional order and security of the Republic, implement their authorizations determined by the Law and other regulations intended for officers and members of the Ministry of Interior with full and limited authorization in accordance with the regulations on internal affairs.

Article 13
Within the procedure determined by this Law, in case of necessity, because of security reasons of the Republic of Serbia, the Director of the Agency can, with his own resolution based on preceding court order, employ specific measures against certain physical and legal persons that deviate from the principle of inviolability of correspondence secrecy and other communications.

Article 14
The President of the Supreme Court of Serbia, or the appointed judge of that court if the President is absent (hereinafter referred to as the Authorized Judge) by a decision approves the request of the Director of the Agency for deviation from the principle of inviolability of correspondence secrecy and other communication within 72 hours after the proposal is submitted. The proposal and decision from Paragraph 1 of this Article are submitted in writing. The proposal contains data and facts, which are important for the decision regarding the application of the measure. The approved measures can be applied for a maximum of six months, and based on a new proposal they can be extended once more for an additional period of not more than six months. If the proposal is not accepted, the President of the Supreme Court of Serbia or the Authorized Judge is obliged to cite the reasons for rejection in the form of an explanatory note.

Article 15
In situations of urgency and especially in cases of domestic and international terrorism, the Director of the Agency can by his decision order the deviation mentioned in Article 14 of this Law, having previously obtained permission in writing of the President of the Supreme Court of Serbia, namely the authorized judge for initiating the application of appropriate measures. In a situation as described in Paragraph 1 of this Article, a written proposal for the application of appropriate measures is forwarded within 24 hours from the moment of obtaining the permission. The decision, whether or not to extend the application of the appropriate measures, i.e. on their termination, is made within 72 hours from the moment of submitting the proposal. The decision on termination of appropriate measures must be explained in writing.

Article 16
If essential for the security of the Republic of Serbia, the Agency can take over and directly carry out activities, which are within the competence of the Ministry responsible for internal affairs. The decision on taking over and performing the duties within the competence of the Ministry responsible for internal affairs is made by mutual consent of the Director of the Agency and the Minister responsible for internal affairs. In case of a jurisdictional dispute, the Government, in accordance with the Law and other regulations, makes the decision. Members of the Agency, who have taken over duties in compliance to Paragraph 1 of this Article, perform them under the conditions, and authorizations determined by the Law and other regulations applied by the authorized officers and members with limited authority of the Ministry responsible for internal affairs, in accordance with the regulations. The Director of the Agency and the Minister responsible for internal affairs will by mutual consent, in a form of an act, in detail determine obligatory forms and methods of cooperation between the Agency and the Ministry responsible for internal affairs regarding the issues relevant to the security and constitutional order of the Republic of Serbia, i.e. the security of persons and property.

Article 17
The Director of the Agency is obliged to submit a work report of the Agency and the security status of the Republic of Serbia to the National Parliament and the Government of Serbia twice a year.

Article 18
In performing its official duties, the Agency is obliged to comply with basic principles and directives of the Government, which refer to security-intelligence policy of the Republic of Serbia.

Article 19
Individuals overseeing the work of The Agency are obliged to protect and maintain the confidentiality of data and information they obtain during their period of control and after the termination of their duties.

Article 20
The rights, duties and responsibilities based on the employment status of the members of the Agency are subject to regulations, which apply to members of the Ministry responsible for internal affairs. Members of the Agency cannot be affiliated with any political party. Members of the Agency are not entitled to organize unions or strike.

Article 21
A member of the Agency proves his status by his official identity card. The Government determines the type, form and content of the official identity cards.

Article 22
A Member of the Agency is obliged to perform the duties and tasks assigned to him in accordance with the Law, other regulations or general acts, or by the Director's order, namely by order of his immediate superior in the Agency. A Member of the Agency is independent in his work and is personally responsible for it.

Article 23
A Member of the Agency is obliged to maintain the confidentiality of all data of the Agency, which are classified as state, military, official or business secrets; all methods, measures or actions which are considered to be or contain any of these secrets; as well as other data the exposure of which would cause damage to the interests of physical or legal entities, or impair the effectiveness of the Agency. Upon the commencement of employment, one accepts the obligation of maintaining the confidentiality of data, measures and actions mention in Paragraph 1 of this Article and it is valid even after the termination of employment in the Agency. The Director of the Agency is authorized to release a member of the Agency from his obligation of maintaining the confidentiality of official secrets.

Article 24
A disciplinary procedure against members of the Agency is conducted compliant to the Law and other regulations. The public is excluded from the disciplinary procedure against a member of the Agency. The Government determines, in more detail, issues relevant to the disciplinary responsibility of Agency members.

Article 25
Should any criminal or other charges be brought against present or former Agency members on account of applying the appropriate measures, i.e. the use of force, the Agency will provide free legal assistance during the procedure, unless the Agency initiated or brought the charges itself. If the security of the person or property of an Agency member, or member of his family, is endangered due to the performance of his official duties, the Agency will provide, apart from legal assistance mentioned in Paragraph 1 of this Article, any additional assistance and protection required for eliminating the danger. The rights as mentioned in Paragraph 1 and 2 of this Article also apply to citizens who provide the Agency with assistance in performing the duties within its competence.

Article 26
Sub-legal acts, relevant to the implementation of this Law, will be adopted within 90 days from the day the Law has come into force. Until the acts from Paragraph 1 of this Article are adopted, the existing acts, which are not in contrary to this Law, will be applied.

Article 27
Members of the Ministry of Interior - the State Security Service who are not taken over by the Agency within 90 day from the day this Law is enacted, will be assigned to working positions in the Ministry of Interior, which correspond to their qualifications and professional abilities. The Agency will take over the premises, objects, archives and other registry material, equipment, working and other means, which were used by the Ministry of Interior - State Security Service on the very day this Law was enacted.

Article 28
This Law takes effect on the eighth day from the day it is published in the "Official Gazette of the Republic of Serbia".