Creation. Law N ° 25.520. Modification.

Original Language Title: Creación. Ley N° 25.520. Modificación.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10664683/20160703

FEDERAL Intelligence Agency Agency FEDERAL intelligence law 27.126 creation. Law N ° 25.520. Modification. Adopted: 25 February 2015 promulgated: 03 March 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanction with force of law: title I creation of it agency FEDERAL of intelligence Chapter 1 of it intelligence national article 1 °-replace is the article 1 ° of it law 25.520 by the following text: article 1 °: the present law has by purpose establish the frame legal in which will develop their activities them agencies of intelligence, as it Constitution national, them treated of rights human subscribers and which is sign with after to the sanction of the present law and any other rule that establishes rights and guarantees.
Article 2 - replace the paragraph 1 of article 2 of the law 25.520, by the following text: 1. national intelligence activity consisting in obtaining, meeting, systematization and analysis of the specific information concerning the facts, risks and conflicts affecting the internal security of the nation and national defense.
Article 3 - replaced the paragraph 1 of article 4 of the law 25.520, by the following text: 1. perform repressive, have compulsive powers, responsibilities, by itself, police. They may also perform functions of criminal investigation, except before request specific and founded by competent judicial authority within the framework of a cause concrete subjected to its jurisdiction, or found, therefore authorized by law, in which case the corresponding procedural rules shall apply.
Article 4 ° - merge as article 5 ° bis of the law 25.520 follows: https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09 article 5 bis: intelligence activities shall be ordered by the highest authorities of each organism. In case of urgency, the same may be initiated, and must be reported immediately to the highest authorities of each Intelligence Agency. Officials of the agencies that carry out intelligence activities that violate the duties and obligations of their duties or are not informed on the terms provided for in the preceding paragraph shall incur disciplinary liability, without prejudice to the civil and criminal liability. The obedience due not may be alleged as exemption of liability.
Chapter 2 of the Agency Federal of intelligence article 5 °-replace is the article 7 ° of the law 25.520 by the following text: article 7 °: the Agency Federal of intelligence will be the body top of the system of intelligence national and will lead the same, covering them bodies that it integrate.
Article 6 - replace article 8 of the law 25.520 with the following text: article 8: functions of the Federal Intelligence Agency will be the following: 1. the production of national intelligence through obtaining, collection and analysis of information on the facts, risks and conflicts that affect national defense and internal security, through the agencies that are part of the national intelligence system. 2. the production of intelligence criminal referred to them crimes Federal complex relating to terrorism, drug trafficking, traffic of weapons, is of people, cyber crime, and offences against the order economic and financial, as well as them crimes against them powers public and the order constitutional, with media own of obtaining and meeting of information.
Article 7 ° - included as paragraphs 3 and 4 of article 9 ° of the law 25.520 as follows: transferred to the orbit of the Federal Intelligence Agency competencies and staff needed direction national criminal intelligence, dependent on the Ministry of security, referring to intelligence activities related to the complex federal crimes and offences against the public authorities and the constitutional order. Areas of criminal intelligence of the Argentina Federal Police, gendarmerie National Argentina, Argentina Naval Prefecture, police airport security and intelligence prison of the Federal prison service, and staff who revistare them, observe regulatory provisions laid down in this law, in particular those laid down in articles 4 paragraphs 2., 3. and 4., 5, 5 bis, 11, 15 bis, 15 ter, 16, 16 bis, 16 ter, 16 c, 16 d, 16 sexies, 17 and 38 bis.
Article 8 - replaced article 15 of law 25.520 by the following text: article 15: created in the scope of the national executive branch Federal Agency of intelligence as governing body of the system of national intelligence, which will be led by a Director-General, https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09 rank of Minister, appointed by the national executive power with agreement of the Honorable Senate of the nation. It will also have an Assistant Director-General, with the rank of Secretary of State which shall be appointed by the national executive power with agreement of the Honorable Senate of the nation. The cessation of both officers may be arranged by the national executive power. The Agency Federal of intelligence should be incorporated in the term of cent twenty (120) days.
Article 9 ° - merge as article 15 bis of law 25.520 follows: article 15 bis: any relationship or performance between the Federal Intelligence Agency, and officers or employees of any of the Government Federal, provincial or local, linked to the activities regulated by this law only may be exercised by the Director-General or Deputy Director-General or by the official who is expressly authorized to perform such activity. Any breach of this article will entail the nullity of the proceedings and will be liable to disciplinary, criminal and civil liability to all who incurred such failure.
ARTICLE 10. -Merge as article 15 ter of law 25.520 follows: article 15 ter: the staff of the intelligence agencies, regardless of grades, whatever their situation of permanent or temporary magazine will be required to file the sworn statements of assets established by law 25.188 (public ethics law) and its amendment law 26.857. The offices responsible for the reception of them shall take all the necessary steps to not violate the secret, confidential or reserve, only in relation to the identities of respondents, as appropriate.
Chapter 3 information, intelligence and declassification article 11 files. (- Merge as article 16 bis of the law 25.520 follows: article 16 bis: settle the following classifications of security that will be observed by members of the national intelligence system agencies: to) secret: applicable to any information, document or material whose knowledge by unauthorized personnel may severely affect vital goals or fundamental interests of the nation, among them the sovereignty and territorial integrity; the constitutional order and the security of the State; public order and the life of citizens; the ability to combat or the security of the armed forces or their allies; the effectiveness or safety of operations of the security forces; diplomatic relations of the nation; and the activities of intelligence specifically determined and founded the system of national intelligence agencies. (b) confidential: applicable to all information, document or material whose knowledge by unauthorized persons could partially affect the fundamental interests of the nation or violate principles, plans and functional methods of the powers of the State, including sovereignty and territorial integrity; the order constitutional and the security of the State; public order and the life of citizens; the ability to combat or the security of the armed forces or their allies; the effectiveness or the security of operation of the security forces https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09; diplomatic relations of the nation. (c) public: applicable to all documents whose disclosure is not harmful to the system of national intelligence agencies and by its nature allows dispense with restrictions relating to the limitation of its knowledge, without implying that it can transcend the official scope, unless the responsible authority thus has it.
ARTICLE 12. -Be incorporated as article 16 of law 25.520 ter the following:

Article 16 ter: for every degree of security classification, you will have a deadline for declassification and access to information. The conditions of access and declassification shall be fixed in the present regulation. In any case the deadline for declassification of information, documents or material may be less than fifteen (15) years from the decision that resulted in its classification of security carried out by any of the members of the system of national intelligence agencies. Any person or organization that accredits legitimate interest may initiate a request for declassification before the national executive branch, to access any kind of information, documents or material, which is held by one of the agencies that make up the national intelligence system. The form, terms and administrative routes will be regulated by the national executive power. Without prejudice to the provisions of the preceding paragraphs and the respective regulation, the national executive power can order the declassification of any information and determine the total or partial access to it by Act founded if it thinks it fit to the interests and security of the nation and its inhabitants.
ARTICLE 13. -Merge as article 16 c of the law 25.520 follows: article 16 c: intelligence agencies will frame its activities within the General requirements of the law of protection of the data personal 25,326 inexcusably. The compliance of these provisions will be matter of directives and controls from the holder of each body member of the system of intelligence national in the scope of its respective jurisdiction. The revelation or disclosure of information with regard to inhabitants or people legal, public or private, acquired by the agencies of intelligence on the occasion of the exercise of their functions, will require without exception of an order or dispenses judicial.
ARTICLE 14. -Incorporate is as article 16 d of the law 25.520 the following: article 16 d: them agencies of intelligence will have centralized their respective databases, in a Bank of protection of data and files of intelligence, which will be to charge of an official responsible of ensure them conditions and procedures concerning the collection, storage, production and broadcasting of the information obtained , using intelligence tasks.
ARTICLE 15. -Merge as article 16 law 25.520 sexies follows: article 16 sexies: each of the banks of protection of data and intelligence files will have the following objectives: a. monitoring the incoming and output of information in databases and files of intelligence, ensuring on a priority basis its constitutional and legal reserve.
https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09 b. ensure that those data intelligence that once stored do not serve for the purposes established by this Act, be destroyed. c. ensure that information will not be stored in the databases of intelligence on grounds of race, religious faith, private-equity, or political opinion, or membership or belonging to partisan, social, human rights, Trade Union, community, cooperatives, health care, cultural or labour organizations, as well as by the lawful activity to develop in any sphere.
ARTICLE 16. -Replace is the article 17 of the law 25.520 by the following text: article 17: them members of them agencies of intelligence, them legislators members of it Commission Bicameral of control of them agencies and activities of intelligence and the personal affected to it same, as well as them authorities judicial, officials and people that by its function or in form circumstantial access to the knowledge of the information mentioned in the article 16 of the present law must save the more strict secrecy and confidentiality. The obligation to keep secret will remain however have been the cessation of the functions which were accessed the knowledge of classified information. Breach of this duty will be punished violators of the sanctions provided for in book II title IX, chapter II, article 222 or 223 of the Criminal Code of the nation, as appropriate.
Chapter 4 Article 17 judicial observations address transfer. -Replacing article 21 of law 25.520 by the following text: article 21: transferred to the scope of the power of Attorney General of the nation of the Public Ministry, independent with functional autonomy and financial autarchy body provided for in the fourth section of the national Constitution, the Directorate of judicial observations and their delegations, which will be the only organ of the State responsible for run interceptions or catchments of any authorized or ordered by the competent judicial authority.
Chapter 5 article 18 funds control. -Replaced article 32 of law 25.520 by the following text: article 32: the bodies belonging to the national intelligence system will be supervised by the Bicameral Committee, with the aim of overseeing their operation fits strictly constitutional, legal and regulatory standards, strict adherence to and respect for individual guarantees enshrined in the national Constitution , signed human rights treaties and those who subscribe subsequent to the enactment of this Act and to any other rule that establishes rights and guarantees, as well as the strategic guidelines and general objectives of the policy of national intelligence. The Joint Committee will have broad powers to monitor and investigate ex officio. To your https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09 requirements, and with the requirements laid down in article 16, the system of national intelligence agencies shall provide the information or documentation requested by the Commission. Mechanisms for appropriate controller for the control of the assigned amounts and their allocation to its intended use, compatible to its classification of secret, confidential and public will be established with the aim of greater transparency in the use of the funds.
Chapter 6 article 19 intelligence agencies funds. -Merge as article 38 bis of the law 25.520 follows: article 38 bis: budget allocations of the agencies of the system of national intelligence determined by the national executive power on the occasion of the shipment to the Honorable Congress of the nation of the law annual national budget of, shall be public and shall comply with the provisions set out in the Financial Administration Act N ° 24.156. Funds which are necessary for intelligence operations and that its advertising could affect the normal development of the same may only maintain restricted. These funds are subject to the controls of this law. The system of national intelligence agencies must ensure greater transparency in the administration of restricted funds. To this end they shall establish procedures for proper accountability and the preservation of supporting documentation where possible, provided it does not affect the safety of the activities of the intelligence function and those who participate in them.
Chapter 7 of article 20 penalties. -Replace is the article 42 of the law 25.520 by the following text: article 42: will be repressed with prison of three (3) to ten (10) years and disqualification special by double time, if not proves another crime more severely punishable, which participating in form permanent or transient of them tasks regulated in the present law, unduly interceptare, captare or desviare communications phone postcards, telegraph or facsimile, or any other delivery system of objects or images, voices, or packet data transmission, as well as any other type of information, archives, records or documents private or input, or read unauthorized or not accessible to the public that you are not directed.
ARTICLE 21. -Replace is the article 43 of the law 25.520 by the following text: article 43: will be repressed with prison of two (2) to six (6) years and disqualification special by double time, if not proves another crime more severely punished, which with order judicial and being forced to do it, omits destroy or delete them stands of them recordings, them copies of them interventions postal cable, facsimile or any other element allowing to demonstrate the result of eavesdropping, collection or deviations.
Article 22 https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09. -Merge as article 43 bis of the law 25.520 follows: article 43 bis: shall be punished with imprisonment of six (6) months to three (3) years and special disqualification for double time, if no other more severely punishable offence, official or public employee who fails to comply with article 15 bis of this law.
ARTICLE 23. -Merge as article 43 of law 25.520 ter the following: article 43 ter: shall be punished with imprisonment of three (3) to ten (10) years and special disqualification for double time, any official or public employee who carry out intelligence actions prohibited by laws 23.554, 24.059 and 25.520. They will incur the same crime those who had been members of any of the members of the national intelligence system agencies carrying out intelligence activities prohibited by laws 23.554, 24.059 and 25.520.
TITLE II

SUPPLEMENTARY provisions Chapter 1 of the dissolution of the Secretariat of intelligence article 24. -Dissolve is the Secretariat of intelligence and transfer is it all of the personal, goods, budget existing, active and heritage to the Agency Federal of intelligence, with exception of them goods, budget existing, active and heritage affected to the address of observations judicial, that will be transferred to it procurement General of the nation of the Ministry public. It procurement General of the nation of the Ministry public may request in Commission of services the personal necessary of the Agency Federal of intelligence to ensure the transfer and operation of it address of observations judicial, until both the same count with the personal own qualified for the development of their functions. It will be up to preserve and safeguard all assets and assets transferred from the Ministry of intelligence to the Federal Intelligence Agency. He personal will keep their respective levels, degrees and categories of magazine salary, without prejudice of the assignment of new functions derived of them substantial changes envisaged in this law. Until the national executive power performing the relevant budgetary adjustments, the expenditure of the Federal Agency of intelligence and the Directorate of judicial observations will be attended with the appropriations provided for the Secretariat of intelligence in the General budget of the 2015 National Administration Act 27.008.
Chapter 2 of the new staff https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09 article 25. -Shall implement a deep reformulation of the accession process of the Federal Intelligence Agency personnel establishing criteria for transparency in the framework of the National Plan of intelligence and operational needs. We must strengthen the disciplinary control of the conduct of the agents of the Federal Intelligence Agency by adopting criteria that would facilitate the necessary separation of those officers whose actions were or are incompatible with respect for human rights or violation of the constitutional order. It should regulate a new regime of the intelligence personnel establishing adequate identity reserve levels as tasks to develop, ensuring the public character of officials and restricting exceptionally reserves that are strictly necessary for the performance of their duties. The actions of former officers must monitor in order to prevent its actions in intelligence work.
ARTICLE 26. (- Merge as subsection w) of article 5 of law 25.188 (public ethics law) and its amendment law 26.857 the following text: w) staff of agencies of intelligence, regardless of grades, is their magazine permanent or temporary status, will be required to submit affidavits provided by the 26.857 law.
TITLE III TRANSITIONAL PROVISIONS ARTICLE 27. -Particulars of all those articles of the law 25.520, which have not undergone modification by this law and those rules which make mention of the dissolved body, its competitors or its authorities, shall be made to the Federal Intelligence Agency, its competitors or its authorities, respectively.
ARTICLE 28. -Empowered the Secretary of intelligence, during the period provided for in article 8 of this law, to the extraordinary retirement of those agents that, notwithstanding their age, have met the requirements for voluntary retirement, and their services are not needed. For this purpose, having retirement shall be calculated on the total credits received in the last month of work.
ARTICLE 29. -This law will take effect the day of its publication in the Official Gazette.
ARTICLE 30. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-FIVE DAYS OF THE MONTH OF FEBRUARY IN THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27.126 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.
https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09 date of publication: 05/03/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/eHhzYVhZNEUrMlpycmZ0RFhoUThyQT09