FEDERAL INTELLIGENCE AGENCY

Law 27.126

Creation. Law No 25,520. Amendment. Sanctioned: February 25, 2015 Enacted: March 03, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

TITLE I

CREATION OF THE FEDERAL INTELLIGENCE AGENCY

Chapter 1

From National Intelligence

ARTICLE 1-Substitute Article 1 of Law 25,520 by the following text:

Article 1: This law is intended to establish the legal framework in which the intelligence agencies will develop their activities, in accordance with the National Constitution, the signed Human Rights Treaties and those that are signed with after the sanction of this law and any other rule that establishes rights and guarantees.

Article 2 °-Substitute Article 2 (1) of Law 25,520, by the following text: 1. National Intelligence to the activity consisting in obtaining, meeting, systematization and analysis of the specific information referred to the facts, risks and conflicts that affect the national defense and internal security of the nation.

ARTICLE 3-Substitute Article 4 (1) of Law 25,520, by the following text: 1. To carry out repressive tasks, to possess compulsory powers, to comply, in itself, with police functions. They shall also not be able to carry out criminal investigations, except in the case of a specific and well-founded request made by a competent judicial authority within the framework of a specific cause under its jurisdiction, or which is, for that purpose, authorised by law, in which case the corresponding procedural rules shall apply to it.

ARTICLE 4 °-Incorporate as Article 5 (a) of Law 25,520 the following:

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Article 5 (a): Intelligence activities shall be ordered by the highest authorities of each body. In case of urgency, the same may be initiated, and the maximum authorities of each intelligence agency must be informed immediately. Officials of bodies carrying out intelligence activities which infringe duties and duties of their duties or are not informed in the terms provided for in the preceding paragraph shall be liable to disciplinary action, without prejudice to civil and criminal liability. Due obedience may not be alleged as an exemption from liability.

Chapter 2

From the Federal Intelligence Agency

ARTICLE 5-Substitute Article 7 ° of Law 25,520 by the following text:

Article 7 °: The Federal Intelligence Agency will be the top body of the National Intelligence System and will direct the same, covering the organizations that make up the National Intelligence System.

ARTICLE 6-Substitute Article 8 of Law 25,520 by the following text:

Article 8 °: The functions of the Federal Intelligence Agency will be as follows: 1. Production of national intelligence by obtaining, meeting and analyzing information regarding the facts, risks and conflicts affecting the defense national and internal security, through the agencies that are part of the national intelligence system. 2. The production of criminal intelligence related to complex federal crimes related to terrorism, drug trafficking, arms trafficking, human trafficking, cybercrime, and financial and economic order, as well as crimes against the public authorities and the constitutional order, with their own means of obtaining and gathering information.

ARTICLE 7 °-Incorporate as paragraphs 3 and 4 of article 9 ° of Law 25,520 the following: Transfieranse to the orbit of the Federal Intelligence Agency the competencies and personnel required of the National Intelligence Directorate Criminal, dependent on the Ministry of Security, referred to intelligence activities relating to complex federal crimes and crimes against public authorities and constitutional order. The criminal intelligence areas of the Argentine Federal Police, Argentina National Gendarmerie, Argentine Naval Prefecture, Airport Security and Prison Intelligence Police of the Federal Penitentiary Service, and the personnel who relistare in the same, shall observe the normative provisions laid down in this law, in particular those laid down in Articles 4, 2, 3. and 4., 5, 5a, 11, 15a, 15b, 16, 16a, 16b, 16c, 16d, 16e, 16e, 17 and 38a.

ARTICLE 8-Substitute Article 15 of Law 25,520 by the following text:

Article 15: The Federal Intelligence Agency, as the governing body of the National Intelligence System, will be created in the realm of the national executive branch, which will be conducted by a Director General, with

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Minister's rank, designated by the national executive branch with the agreement of the Honorable Senate of the Nation. He will also have a Deputy Director General, with the rank of Secretary of State who will be appointed by the national executive branch with the agreement of the Honorable Senate of the Nation. The cessation of both officials may be provided by the national executive branch. The Federal Intelligence Agency should be constituted within one hundred and twenty (120) days.

ARTICLE 9-Incorporate as Article 15a of Law 25,520 the following:

Article 15a: Any relationship or action between the Federal Intelligence Agency, and officials or employees of any of the federal, provincial or local public authorities, linked to the activities governed by this law may only be be exercised by the Director-General or the Deputy Director-General or by the official to whom the activity is expressly authorized. Failure to comply with this Article shall result in the nullity of the act and shall make disciplinary, criminal and civil liability liable to all those who incur such non-compliance.

ARTICLE 10. -Incorporate as Article 15b of Law 25,520 the following:

Article 15b: All personnel of the intelligence agencies, without distinction of degrees, whatever their status as a permanent or temporary journal, shall be obliged to present the sworn statements of assets established by Law 25,188 (Law of Public Ethics) and its amending law 26,857. The offices responsible for receiving the same shall take all necessary steps to ensure that they do not violate the secrecy, confidentiality or reservation, only in relation to the identities of the declarants, as appropriate.

Chapter 3

From information, intelligence files and declassification

ARTICLE 11. -incorporate as Article 16a of Law 25,520 the following:

Article 16a: The following security classifications will be established and will be observed by the National Intelligence System's member organizations: a) SECRET: Applicable to any information, document or material whose knowledge by unauthorized personnel could seriously affect the fundamental interests or vital objectives of the Nation, including sovereignty and territorial integrity; constitutional order and the security of the state; public order and the life of the citizens; the ability to combat or the security of the Armed Forces or its allies; the effectiveness or security of operations of the security forces; diplomatic relations of the Nation; and the specific intelligence activities determined and founded by the agencies of the National Intelligence System. b) CONFIDENTIAL: Applicable to any information, document or material whose knowledge by unauthorized persons may partially affect the fundamental interests of the Nation or violate the principles, plans and functional methods of the powers of the State, among them, sovereignty and territorial integrity; constitutional order and security of the state; public order and the life of the citizens; the ability to combat or the security of the Armed Forces or its allies; the effectiveness or the

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security of operations of the security forces; the diplomatic relations of the nation. c) PUBLIC: Applicable to any documentation whose disclosure is not harmful to the agencies of the System of National Intelligence and which by its nature allows to dispense with restrictions regarding the limitation of its knowledge, without this means that it can be transcended from the official scope, unless the responsible authority so provides.

ARTICLE 12. -Incorporate as Article 16b of Law 25,520 the following:

Article 16b: For each grade of security classification, a period of time shall be available for declassification and access to information. The conditions of access and declassification shall be laid down in the rules of this Regulation. In no case shall the time limit for the declassification of information, documents or material be less than fifteen (15) years from the decision which gave rise to the security classification made by any of the National Intelligence System. Any person or organization that accredits legitimate interest may initiate a petition for declassification before the national executive branch, intended to access any kind of information, documents, or material, which is held by one of the the agencies that make up the National Intelligence System. The form, deadlines and administrative channels will be regulated by the national executive branch. Without prejudice to the foregoing paragraphs and the respective regulations, the national executive branch may order the declassification of any type of information and determine the total or partial access to it by an established act. if he considers it appropriate for the interests and security of the Nation and its inhabitants.

ARTICLE 13. -Incorporate as Article 16c of Law 25,520 the following:

Article 16c: The intelligence agencies shall conduct their activities inexcusably within the general requirements of the Law on the Protection of Personal Data 25.326. Compliance with these provisions will be the subject of directives and controls by the holder of each member of the National Intelligence System in the field of their respective Jurisdiction. The disclosure or disclosure of information in respect of persons or legal persons, public or private, acquired by the intelligence agencies for the exercise of their functions, shall require without exception a court order or waiver.

ARTICLE 14. -Incorporate as Article 16d of Law 25,520 the following:

Article 16d: The intelligence agencies will have their respective databases centralized, in a Data Protection and Intelligence Archives Bank, which will be in charge of an official responsible for guaranteeing the conditions and procedures for the collection, storage, production and dissemination of information obtained through intelligence.

ARTICLE 15. -Incorporate as Article 16e of Law 25,520 the following:

Article 16 sexies: Each of the Data Protection and Intelligence Archives Banks will have the following objectives: a. Control the entry and exit of information in the databases and intelligence files, guaranteeing a priority of its constitutional and legal reserve.

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b. Ensure that those intelligence data that once stored are not used for the purposes set forth by this law, are destroyed. c. Ensure that the information will not be stored in the intelligence databases for reasons of race, religious faith, private actions, or political opinion, or of membership or membership of party organizations, social, human rights, union, community, cooperatives, welfare, cultural or labor, as well as the licit activity that they develop in any sphere.

ARTICLE 16. -Substitute Article 17 of Law 25,520 by the following text:

Article 17: The members of the intelligence agencies, the legislators members of the Bicameral Commission for the Fiscalization of the Organizations and Intelligence Activities, and the personnel affected by it, as well as the judicial authorities, officials and persons who, by virtue of their function or in a circumstantial manner, access to the knowledge of the information referred to in Article 16 of this Law, must keep the strictest secrecy and confidentiality. The obligation to keep secret shall nevertheless have resulted in the termination of the functions under which the knowledge of classified information was accessed. The violation of this duty will make the violators of the sanctions provided for in Book II Title IX, Chapter II, Article 222 and/or 223 of the Criminal Code of the Nation liable.

Chapter 4

Transfer of the Directorate of Judicial Observations

ARTICLE 17. -Substitute Article 21 of the Law 25,520 by the following text:

Article 21: Transfer to the General Administration of the Nation of the Public Ministry, an independent body with functional autonomy and financial autarquia provided for in Section 4 of the National Constitution, the Directorate of Observations Judicial and its delegations, which shall be the sole body of the State responsible for executing the intercepts or fetches of any kind authorized or ordered by the competent judicial authority.

Chapter 5

Control of the Funds

ARTICLE 18. -Substitute Article 32 of Law 25,520 by the following text:

Article 32: The agencies belonging to the National Intelligence System will be supervised by the Bicameral Commission, with the aim of supervising that its operation is strictly in accordance with the constitutional, legal and The laws in force, verifying the strict observance and respect of the individual guarantees enshrined in the National Constitution, the Treaties of Human Rights subscribed and those that subscribe after the sanction of the present law and any other rule that establishes rights and guarantees, as well as the guidelines strategic and general objectives of the National Intelligence policy. The Bicameral Commission will have wide powers to control and investigate ex officio. To your

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National Intelligence System bodies shall provide the information or documentation requested by the Commission with the requirements set out in Article 16. In order to ensure greater transparency in the use of the funds, appropriate comptroller mechanisms shall be established for the control of the amounts allocated and their allocation to the intended purpose, compatible with their classification of secrecy, Confidential and public.

Chapter 6

From the funds of the intelligence agencies

ARTICLE 19. -Article 38a of Law 25,520 is incorporated as follows:

Article 38a: The budget items of the National Intelligence System agencies that the national executive branch will determine on the occasion of the submission to the Honorable Congress of the Nation of the Annual National Budget Law, will be public. and must comply with the provisions laid down in the Financial Management Act No 24.156. Only funds that are necessary for intelligence work and that their advertising may affect the normal development of such funds may be reserved. Such funds shall be subject to the controls of this law. The agencies of the National Intelligence System must ensure the greatest transparency in the administration of the reserved funds. To this end, they shall establish the procedures necessary for the proper surrender of the same and the preservation of supporting documentation that is possible, provided that it does not affect the security of the activities of the function of intelligence and those who participate in them.

Chapter 7

Of the penalties

ARTICLE 20. -Substitute Article 42 of Law 25,520 by the following text:

Article 42: Three (3) to ten (10) years imprisonment and special disablement for a double time shall be suspended if no other offence is more severely punishable, which shall be permanently or temporarily involved in the tasks regulated in the This law shall, unduly, intercept, capture or divert telephone, postal, telegraph or facsimile communications, or any other system of sending objects or transmitting images, voices or data packets, as well as any other type of information, file, private records and/or documents or unauthorized entry or reading accessible to the public who are not directed.

ARTICLE 21. -Substitute Article 43 of the Law 25,520 by the following text:

Article 43: Two (2) to six (6) years imprisonment and special disablement for a double time, if no other offence is more severely punishable, than with a court order and obliged to do so, shall be omitted to destroy or delete the supports of recordings, copies of postal, cable-based, facsimile or any other element that allows to prove the result of the intercepts, fetches or deviations.

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ARTICLE 22. -Incorporate as Article 43a of Law 25,520 the following:

Article 43a: It shall be subject to imprisonment of six (6) months to three (3) years and special disablement for a period of time, if no other offence is more severely punishable, any official or public employee who fails to comply with Article 15a of the present law.

ARTICLE 23. -Incorporate as Article 43 ter of Law 25,520 the following:

Article 43 ter: It shall be repressed with imprisonment of three (3) to ten (10) years and special disablement for double time, every official or public employee who carries out intelligence actions prohibited by laws 23,554, 24.059 and 25,520. In the same crime, those who have been members of the National Intelligence System's member organizations that carry out intelligence actions prohibited by laws 23,554, 24,059, and 25,520 have been members of the National Intelligence System.

TITLE II

SUPPLEMENTARY PROVISIONS

Chapter 1

From the dissolution of the Secretariat of Intelligence

ARTICLE 24. -Dissolve the Secretariat of Intelligence and transfer all personnel, assets, current budget, assets and assets to the Federal Intelligence Agency, except for the assets, current budget, assets and assets affected to the Directorate of Judicial Observations, which will be transferred to the Attorney General's Office of the Nation of the Public Ministry. The Attorney General's Office may request the necessary personnel of the Federal Intelligence Agency to guarantee the transfer and operation of the Directorate of Judicial Observations in a commission of services. Until the same time, the same has the same staff qualified for the development of their functions. It will be up to the Federal Intelligence Agency to preserve and protect the entire assets and assets transferred from the Secretariat of Intelligence. The staff shall maintain their respective levels, grades and categories of magazine, without prejudice to the assignment of new functions resulting from the substantial changes foreseen in this law. Until the national executive branch carries out the appropriate budgetary adjustments, the expenditure of the Federal Intelligence Agency and the Directorate of Judicial Observations will be met with the budgetary appropriations provided for the Secretary of Intelligence in Law 27.008 of the General Budget of the National Administration 2015.

Chapter 2

From the new staff

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ARTICLE 25. -A thorough reformulation of the process of entry of personnel to the Federal Intelligence Agency should be implemented by establishing transparency criteria in the framework of the National Intelligence Plan and operational needs. Disciplinary control of the conduct of agents of the Federal Intelligence Agency should be strengthened by adopting criteria that facilitate the necessary separation of those agents whose actions are or have been incompatible with respect human rights or violations of constitutional order. A new system of intelligence personnel should be regulated to establish the appropriate levels of identity reserve in accordance with the tasks to be carried out, taking into account the public nature of the officials and restricting the reservations that are strictly necessary for the performance of their duties. The actions of the former agents must be monitored in order to prevent their actions in intelligence tasks.

ARTICLE 26. -Article 5 (w) of Law 25.188 (Law of Public Ethics) and its Amending Law 26,857 the following text: w) All personnel of the intelligence agencies, without distinction of degrees, are their status as a permanent journal or transitional, shall be obliged to present the affidavits established by law 26,857.

TITLE III

TRANSITIONAL PROVISIONS

ARTICLE 27. -The references of all those articles of Law 25,520, which have not undergone modification by this law and of those rules which make mention of the dissolved organism, its competence or its authorities, shall be considered to be made to the Agency Federal Intelligence, their competition or their authorities, respectively.

ARTICLE 28. -The Secretary of Intelligence, within the time limit provided for in Article 8 of this Law, shall have the extraordinary retirement of those servants who, without prejudice to their age, have met the requirements for retirement voluntary, and their services are not necessary. To this end, the retirement age will be calculated on the total of the last month of work.

ARTICLE 29. -This law shall enter into force on the day of its publication in the Official Gazette.

ARTICLE 30. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-FIVE DAYS OF FEBRUARY OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO. 27,126-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.

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Date of publication: 05/03/2015

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