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LEGAL FRAMEWORK
The Law on the Security Information Agency and other sub-legal acts
regulate the sphere of activities of the Agency.
The National Assembly of the Republic of Serbia enacted the Law on
the Security Information Agency, at the meeting, held on July 18,
2002, of the Fifth Extraordinary Session of the national Assembly of
the Republic of Serbia in the year 2002.
The Law was published in the "Official Gazette of the Republic of
Serbia", No. 42/2002 dated July 19, 2002.
II. WORK ORGANIZATION
III. WORKING METHOD
IV. WORK CONTROL
V. MEMBERS OF THE AGENCY
VI. TRANSITORY AND CLOSING PROVISIONS
THE LAW ON SECURITY-INFORMATION AGENCY
I. BASIC PROVISIONS
Article 1
The Security Information Agency (hereinafter 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.
II. WORK ORGANIZATION
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.
III. WORKING METHOD
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.
IV. WORK CONTROL
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.
V. MEMBERS OF THE AGENCY
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 mentioned 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.
VI. TRANSITORY AND CLOSING PROVISIONS
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".
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