Act 1288 2009

Original Language Title: LEY 1288 de 2009

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ACT 1288 2009
(March 5th)
Official Gazette No. 47,282 of March 5, 2009

CONGRESS OF THE REPUBLIC
By which standards are issued to strengthen the legal framework that allows agencies that carry out intelligence and counterintelligence activities, fulfill their constitutional and legal mission, and other provisions. Effective Jurisprudence



THE CONGRESS OF COLOMBIA DECREES:

CHAPTER I. GENERAL PRINCIPLES.
ARTICLE 1o. PURPOSE AND SCOPE. This law aims to strengthen the legal framework that allows organizations to carry out activities of intelligence and counterintelligence properly fulfill its constitutional and legal mission, establishing the limits and purposes of its activities, the principles that govern the mechanisms control and supervision, regulation of databases, protection of its members, coordination and cooperation between their agencies and the duties of cooperation of public and private entities among other provisions.
Article 2.
. DEFINITION OF THE FUNCTION intelligence and counterintelligence. The function of intelligence and counterintelligence is one that is developed by specialized government agencies, the national, dedicated to the planning, collection, processing, analysis and dissemination of information needed to defend human rights, prevent and combat threats, internal or external against democratic coexistence, security and national defense, and other purposes set out in this law.

ARTICLE 3. AGENCIES HOLDING ACTIVITIES intelligence and counterintelligence. Bodies carrying out intelligence and counterintelligence activities. The intelligence and counterintelligence activities are carried out by units of the Armed Forces and the National Police regulated by these for this purpose; the Administrative Department of Security (DAS) and the Unit of Financial Information and Analysis (FIAU). These fulfill their function through basic and specialized operations, using human or technical means. These agencies make up the intelligence community and are the only ones authorized to develop intelligence and counterintelligence work in the field of security and national defense.

ARTICLE 4. LIMITS AND PURPOSE OF ACTIVITY intelligence and counterintelligence. The activities of intelligence and counterintelligence are limited in their exercise respect for human rights, strict compliance with the Constitution, law, international humanitarian law, and especially the adherence to the principle of the legal reserve, which guarantees protection rights to honor, good name, personal and family privacy and due process.
No information for intelligence and counterintelligence purposes can be obtained with different purposes:
a) To ensure the achievement of the essential goals of the State, the validity of the democratic regime and the security and defense of the nation and prevent threats against persons residing in Colombia and Colombian citizens in every time and place;
B) Protect people and democratic institutions against threats such as terrorism, drug trafficking, kidnapping, trafficking in weapons, ammunition, explosives and other related materials, money laundering, and other threats like nature.
In any case the information with intelligence and counterintelligence purposes will be collected, processed or disseminated by gender, race, national or family origin, language, religion, political or philosophical opinion, membership of a trade union, social organization or human, or to promote the interests of any political party or affect the rights and guarantees of opposition political parties rights.

The 5th ITEM. PRINCIPLES OF ACTIVITY intelligence and counterintelligence. In the development of intelligence and counterintelligence activities, they will be observed strictly and at all times the following principles:
principle of necessity: The intelligence and counterintelligence activities must be necessary to achieve the desired constitutional purposes; You may be resorted to if there are no other means to achieve these ends.
Principle of suitability: The intelligence and counterintelligence activities should make use of means that are suited to achieving the purposes set out in article 4 of this law.
Principle of proportionality: The intelligence and counterintelligence activities should be proportionate to the ends sought and their benefits should exceed the restrictions imposed on other constitutional principles and values.
CHAPTER II.

COORDINATION AND COOPERATION IN intelligence and counterintelligence.

ARTICLE 6o. COORDINATION AND COOPERATION. The bodies carrying out intelligence and counterintelligence activities cooperate harmoniously and resolutely, ensuring the unification of their policies and coordinating intelligence and counterintelligence effectively and efficiently its activities.

ARTICLE 7. JOINT MEETING OF INTELLIGENCE - JIC. The Intelligence Board shall meet at least once a month to discuss within their competence matters related to the security and defense of the state, coordinating the activities of intelligence and counterintelligence, and ensure cooperation between the various agencies that carry out . This Board is made up of non-delegable manner by:
a) The Minister of National Defence, who will preside;
B) The Deputy Minister for Policy and International Affairs, who will preside in the absence of the designated Minister;
C) The Directors of Intelligence General Command of the Armed Forces, the Army, Navy, Air Force and National Police;
D) The Director of Intelligence of DAS, and
e) The Director of the UIAF. PARAGRAPH 1.
. In any case, the participation of the DAS and the UIAF in the JIC shall be subject to their autonomy and independence. PARAGRAPH 2.
. The members of the JIC should share intelligence information at their disposal with members of the same. In any case, this information will be handled by the JIC with due discretion; within the framework of this law and the exercise as a delegate to the JIC. PARAGRAPH 3.
. The Minister of Foreign Affairs shall be invited at least once every six months to the Board of Intelligence, and in any case, whenever external intelligence matters are discussed.

Article 8. FUNCTIONS OF THE BOARD OF JOINT INTELLIGENCE. The Joint Intelligence has the following functions:
a) produce estimates of intelligence to support decision-making by the national government.
B) To produce consolidated documents of strategic intelligence.
C) Develop the National Intelligence Plan.
D) Ensure that adequate procedures for protecting information.
E) Develop protocols defining the procedures and requirements for the exchange of information between agencies and use of the products by users.
F) To coordinate the distribution of tasks among agencies promoting specialization and avoiding duplication of efforts.
G) Coordinate procurement plans and purchases.
H) To promote and ensure the training and professionalization of staff performing intelligence and counterintelligence activities, especially analysts. To this holding educational cooperation agreements with national, international or foreign organizations will be promoted.
I) Establish, lead and guide a fusion center and interagency information analysis which will depend on the Board and shall consist of an analyst of each agency. The government will regulate the matter.
J) Coordinate the production of a monthly strategic analysis report to the President of the Republic, without prejudice that may be developed for current issues. PARAGRAPH 1.
. The JIC will create Regional Intelligence Committees whose role is coordinating intelligence and counterintelligence activities at the regional level. PARAGRAPH 2.
. The National Government will regulate the development of strategic analysis report monthly, delivery protocols and authorization of their knowledge by other officials.

Article 9. NATIONAL INTELLIGENCE PLAN. The National Intelligence Plan is the document that defines confidential objectives and priorities of the agencies that carry out intelligence and counterintelligence activities. This Plan will be projected for a period of one year. The first National Intelligence Plan will take effect within six (6) months following the publication of this law.
CHAPTER III.
CONTROL AND SUPERVISION.

ARTICLE 10. AUTHORIZATION AND SUPPORTING DOCUMENTATION. Missions and intelligence and counterintelligence operations must be fully supported and authorized by order of operations or work mission issued by the superior, depending on the nature of the operation. All intelligence and counterintelligence activity through which a mission or operation will be framed within these and should be reported to develop.

Each agency shall regulate who is superior, depending on the nature of the operation, to authorize intelligence and counterintelligence activities in each case, taking into account the Constitution and the law, without prejudice to the rules of the Code of Criminal Procedure in the matters covered by this.
The order of operations or mission work should include a detailed planning intelligence or counterintelligence activity clearly defining a schedule of activities. Each body carrying out intelligence and counterintelligence activities will regulate the specific procedures to carry out intelligence and counterintelligence activities.

ARTICLE 11. CRITERIA FOR AUTHORIZATION. The superior in each case be responsible for authorizing only those activities of intelligence and counterintelligence comply with the limits and purposes set out in article 4 of this law, observe the principles of Article 5 of the same and are framed within a program planning.
This authorization shall obey intelligence or counterintelligence requirements made by the recipients of intelligence information and / or counterintelligence or those incorporated into the National Intelligence Plan.
PARÁGRAFO. Officials of the bodies that carry out activities of intelligence and counterintelligence who violate their duties or obligations incurred on grounds of misconduct as determined by the laws and regulations of the respective institutions, without prejudice to civil liability, tax, criminal or professional may have. Due obedience can not be invoked as a defense from liability for who runs the intelligence operation when this involves a violation of human rights or a breach of international humanitarian law - IHL.

ARTICLE 12. SUPERVISION AND CONTROL. Inspectors of the Public Force to which are attached the bodies that carry out intelligence and counterintelligence activities must submit an annual report classified character processed by the regular channels to the Minister of Defense. This report will verify the application of the principles, limits and purposes set out in this law, in the authorization and the development of intelligence and counterintelligence activities. To do this, the Inspectors of the Public Force will have the full cooperation of the various agencies, which in no case may reveal their sources.
In the case of the Administrative Department of Security (DAS) and the Unit of Financial Information and Analysis (FIAU), the report referred to in the preceding paragraph shall be rendered annually by the Office of Internal Control or dependency that each entity point for this purpose, with the director.
PARÁGRAFO. In any case the report submitted by each entity does not relieve the Director of each agency of its responsibility to ensure compliance with this law and other constitutional and legal obligations.

ARTICLE 13. PARLIAMENTARY CONTROL. Create the Parliamentary Legal Committee for Monitoring the activities of intelligence and counterintelligence, which fulfill functions of control and parliamentary monitoring, verifying the efficient use of resources, respect for constitutional guarantees and compliance with the principles, limits and purposes set out in this law.

ARTICLE 14. COMPOSITION AND ELECTION OF MEMBERS. The Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence will consist of 6 permanent congressmen members of the Second Constitutional Standing Committees or with knowledge or experience in the matter, just as long as the committees do not have congressmen who are able or willing to participate the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence.
The Second Committees in joint session, by the electoral quotient system will elect 3 members for each corporation, ensuring representation in the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence, parties and political movements declare in opposition to the government. Members of the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence will be elected for a four-year period equal to legislative period.

ARTICLE 15. FUNCTIONS OF THE LEGAL COMMISSION'S PARLIAMENTARY MONITORING ACTIVITIES intelligence and counterintelligence. The functions of the Parliamentary Legal Committee to Monitor Intelligence and Counterintelligence Activities:

A) Produce an annual report to the Commission reserved Second Joint, with a copy to the President of the Republic, which on the achievement of controls and guarantees contained in this law and make recommendations for improving the exercise of intelligence and counterintelligence activities, taking into account the safeguarding of information affecting security and national defense. The National Government will regulate the matter.
B) Conduct a semiannual meeting with the JIC convened by the presiding officer to ensure compliance with the principles, purposes and limits contained in this law minimum.
C) To submit recommendations for the formulation of National Intelligence Plan.
D) issue opinions and concepts on any bill related to the subject.
E) Issue a concept on the Audit Report of reserved expenses prepared by the Office of the Comptroller General of Colombia.
F) Convene leading officials of intelligence agencies for the purpose of exercising political control.
PARÁGRAFO. The annual report of the Commission will produce annual reports submitted by inspectors of the Public Force, the Office of Internal Oversight DAS and UIAF or dependency that each entity point to this end the discussion they have about the same with intelligence and counterintelligence agencies, and reports submitted by the control bodies in the exercise of their functions.
ARTICLE 16.
INFORMATION SECURITY. Members of the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence will be subject to periodic review of safety and reliability. The National Government shall regulate the procedures for access to information subject to conditions to ensure the safety of it. PARAGRAPH 1.
. If any of the elected Congress does not approve the reliability study, the Government shall notify the Second Joint Commissions for a new election to replace given parameters mentioned above representation is made. PARAGRAPH 2.
. The national government may suspend pro tempore access to information by the Commission to avoid serious injury to the activity of the bodies that carry out activities of intelligence and counterintelligence, affecting internal security, national defense or good success of criminal investigations. This decision will be subject to automatic control by the Board of Consultation and Civil Service of the State Council.

ARTICLE 17. RESERVE DUTY OF THE COMMISSION. Members of the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence are required to maintain confidentiality of the information and documents to which they have access during and after his membership, to the maximum limit established by law. PARAGRAPH 1.
. No public document issued by the Commission may disclose information that could harm the activity or officials of agencies that carry out intelligence and counterintelligence activities, or threaten the safety and national defense. PARAGRAPH 2.
. The members of the Commission as well as the permanent or temporary staff assigned to it who make misuse of the information that tuvieren access time or exercise of their functions will be considered disqualified on grounds of misconduct without prejudice to the criminal liability that may be required, they shall be disqualified for membership of the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence. PARAGRAPH 3.
. Tables Directives Senate and the House of Representatives allocated human and physical resources necessary for the functioning of the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence.
CHAPTER IV.
DATABASES AND FILES intelligence and counterintelligence.

ARTICLE 18 DATA PROTECTION CENTERS intelligence and counterintelligence. Each of the agencies that develops intelligence and counterintelligence activities will have a Data Protection Center and Archives of Intelligence and Counterintelligence (CPD). Each center will have a responsibility to ensure that the processes of collection, storage, production and dissemination of intelligence and counterintelligence are framed in the Constitution and the law. To do so will be conducted training workshops necessary within each center.

ARTICLE 19. OBJECTIVES OF CPD. Each CPD have the following objectives:

A) Check the entry and exit information to the databases and files of intelligence and counterintelligence, ensuring priority of its constitutional and legal reserve.
B) To ensure that those intelligence and counterintelligence that once stored not used for the purposes set out in article 5 of this law, are updated and released.
C) Ensure that information will not be stored in the databases of intelligence and counterintelligence for reasons of gender, race, national or family origin, language, religion, political or philosophical opinion, membership of a trade union, social organization or human rights, and to promote the interests of any political party.
PARÁGRAFO update criteria and debugging information will be regulated by the Joint Intelligence through a working committee intended for that purpose. To design the following guidelines are taken into account:
a) The obligation to protect the fundamental rights of citizens to good name, honor and due process;
B) The duty to ensure the preservation of the historical memory of the nation and
c) The law of files.

ARTICLE 20. DISSEMINATION intelligence and counterintelligence. The intelligence and counterintelligence resting in the CPD, to be covered by the legal reserve, not be made public and will be disseminated to individuals. However, you can not oppose the legal reserve requirements criminal authorities, disciplinary or prosecutors.

RESERVE CHAPTER V. INFORMATION intelligence and counterintelligence.

ARTICLE 21. RESERVE. By the nature of the functions performed by the agencies that carry out intelligence and counterintelligence, documents, information and technical elements will be covered by the legal reserve for a maximum term of 40 years, and have the character of classified information according to the degree classification they appropriate in each case.
PARÁGRAFO. A public servant who decides to rely on the reservation for not providing information should do so in writing motivating the reasonableness and proportionality of the decision and basing on this legal provision. In any case, these decisions are against the resources and legal and constitutional actions of the case.

ARTICLE 22 COMMITMENT TO RESERVE. Public servants of the institutions active intelligence and counterintelligence, the officials conducting control activities, monitoring and review of documents or databases of intelligence and counterintelligence, and users of intelligence products, are obliged to subscribe reservation record of commitment in relation to the information they are aware. Those unduly and under any circumstances disclose classified information or documents, will incur grounds for misconduct, without prejudice to any criminal action that may be required.
To secure the booking agencies may apply intelligence and counterintelligence all technical tests, with the periodicity deemed appropriate, for the verification of the quality and compliance with the highest safety standards by servers public. PARAGRAPH 1.
. Reserve duty public servants of the institutions active intelligence and counterintelligence, and the aforementioned officials and users and members of the Parliamentary Legal Committee for Monitoring the Activities of Intelligence and Counterintelligence will remain even after cessation of their duties or withdrawal of the institution to the maximum limit established by law. Agencies that carry out intelligence and counterintelligence must take all necessary measures to prevent its members from copying, carry, reproduced, stored, handled or disclose any intelligence or counterintelligence purposes other than the fulfillment of its objectives, and design mechanisms that enable them to effectively punish such conduct.
PARAGRAPH 2.
. People trained to perform functions related to intelligence and counterintelligence work must at all times meet the highest standards of competence and confidence that will maintain the commitment booking the development of their functions. For this purpose each of the entities that carry out intelligence and counterintelligence, develop internal protocols for the selection process, hiring and recruitment and training of staff of intelligence and counterintelligence, taking into account the doctrine, functions and specialties of each of entities.

ARTICLE 23. EXCEPTION TO THE DUTIES OF COMPLAINT AND STATEMENT. Public servants of the developers of intelligence and counterintelligence activities are obliged to keep the reserve in all that by reason of the performance of their activities have seen, heard or understood. In this sense, the public servants referred to in this article are exempt from the duty to report and may not be compelled to testify.
If the agency considers necessary to state in a process, you can do so through its Director or his delegate, as reference test.
The exclusion of the duty of denunciation does not apply where the public servant has information related to the alleged commission of a crime against humanity by a public servant who carries out intelligence and counterintelligence activities.

ARTICLE 24. EVIDENCE OF REPORTS VALUE OF INTELLIGENCE. In any case, intelligence reports have probative value in court proceedings, but its contents may be guiding the development of urgent actions carried out by the judicial police in criminal matters criterion. In any case the reserve will be guaranteed to protect the identity of intelligence and counterintelligence officials, their methods and sources. Continued articulated Bill number 335 of 2008 House.

ARTICLE 25. MODIFICATION OF PENALTIES FOR CRIMES OF DISCLOSURE AND USE OF RESERVED DOCUMENTS AND ABUSIVE ACCESS TO A COMPUTER SYSTEM. In order to ensure the legal reserve of documents intelligence and counterintelligence and avoid disclosure by members of bodies carrying out such activities, Articles 194, 195, 418, 419 and 420 of the Penal Code be thus:
"Article 194. Disclosure and use of reserved documents. Which in their own or another benefit or detriment of another disclosure or use the contents of a document that should remain in reserve, shall be liable to imprisonment of five (5) to eight (8) years, provided that the conduct constitutes an offense heavier penalty. "
"Article 195. Abusive access to a computer system. Which abusively is entered into a computer system protected by security measures or maintained against the will of who is entitled to exclude incur a prison sentence of five (5) to eight (8) years. " Editor's Notes


"Article 418. Disclosure of secret. A public servant who improperly disclosed document or notice to be kept secret or reserves, incur imprisonment of five (5) to eight (8) years and a fine of twenty (20) to one hundred twenty (120) minimum wages monthly legal, and disqualification from holding public office for ten (10) years.
If behavior proves injury, the penalty shall be five (5) to eight (8) years imprisonment, a fine of sixty (60) to two hundred forty (240) monthly statutory minimum wages, and disqualification rights and public office for ten (10) years. "
"Article 419. Use of matter under secrecy or confidentiality. The public servant who use in their own or another benefit, scientific discovery, or other information or data arrived at their knowledge by reason of their duties and must remain secret or confidential, liable to imprisonment of five (5) to eight (8) years and loss of employment or public office, provided that the conduct does not constitute another offense punishable by a heavier penalty. "
"Article 420. Misuse of official information privileged. The public servant as an employee or officer or member of a board or governing body of any public entity, misuses of information to be known by reason or occasion of his duties and not subject to public knowledge, with the to equip themselves or a third party, either natural or legal person shall be liable to imprisonment of five (5) to eight (8) years and loss of employment or public office. "
PARAGRAPH 1.
. Adiciónese an article 418B (culpable disclosure of secret) to the Law 599 of 2000, which will read:
"Section 418B. Disclosure of culpable secret. The public servant that because of improperly disclosed document or notice to be kept secret or reserves, incur a fine of ten (10) to one hundred twenty (120) monthly statutory minimum wages and loss of employment or public office. " PARAGRAPH 2.
. Adiciónese an article 429B to Law 599 of 2000, which will read:
"The person who under any circumstances to publicize information on the identity of those who develop intelligence or counterintelligence activities, shall be liable to imprisonment of five (5 ) five to (8) eight years provided that the conduct constitutes an offense liable to a heavier sentence. "

ARTICLE 26. PENALTIES FOR MODIFICATION OF MILITARY SECRETS crime of divulging. In order to ensure the legal reserve of documents intelligence and counterintelligence and avoid disclosure by members of the security forces carrying out these activities in service development, Articles 149 and 150 of the Military Penal Code shall be as follows:
"Article 149. Disclosure of secrets. The member of the security forces revealing document, act or matter concerning the service, classification of secret or top secret security, liable to imprisonment of five (5) to twelve (12) years.
If disclosure regardless of document, act or matter classified as reserved, responsible liable to imprisonment of four (4) to six (6) years. "
"Article 150. Disclosure culpable. If the facts in the preceding article refers to were committed by guilt, the penalty shall be one (1) to three (3) years in prison. "

ARTICLE 27. ACCESS TO INFORMATION RESTRICTED BY PUBLIC SERVANTS. All public entities that are users of intelligence and counterintelligence must guarantee your reservation, safety and security under the terms established in this law.

ARTICLE 28. RECIPIENTS OF INFORMATION intelligence and counterintelligence. The President of the Republic and its ministers are the principal recipients of the intelligence and the only empowered to make intelligence requirements to the intelligence and counterintelligence without prejudice to the powers granted to other public servants or public entities by law to access to intelligence information.
The President of the Republic is the recipient of strategic analysis report monthly.
In criminal intelligence Attorney General's Office estimates may request intelligence to support decision-making by his office on criminal policy.
CHAPTER VI.
PROTECTION OF PUBLIC SERVANTS PERFORMING ACTIVITIES intelligence and counterintelligence.

ARTICLE 29. PROTECTION OF IDENTITY. In order to protect the life and integrity of public servants that carry out intelligence and counterintelligence, and to facilitate the performance of the duties of his office activities, the government through the National Civil Registry, we will supply documents new identity that should be used exclusively in the exercise of their functions and activities.
The directors of intelligence agencies of the Armed Forces and the National Police and the Director of the DAS, shall be permitted to apply to the National Civil Registry to issue the new identification for protection its officials.
If required the issuance of other public or private documents to fulfill the mission, agency officials carrying out intelligence and counterintelligence activities may be used for processing the new identity card issued by the Registrar national Civil Status, without the use of new documents constitute violation of the law.
The intelligence and counterintelligence agencies, with the participation of the Registrar, shall regulate the implementation of storage system information related to the functional identity in order to ensure information security and protection of life and integrity physical agents. The National Civil Registrar is obliged to ensure the confidentiality of information in accordance with the provisions of this law, which under no circumstances be disclosed.
PARAGRAPH 1.
. In implementing protection mechanisms referred to in this article, state agencies must sign the agency that may be required in order to establish protocols to secure booking, security and information protection agreements. PARAGRAPH 2.
. The public servant under any circumstances to publicize information on the identity of those who develop intelligence or counterintelligence activities will incur grounds for misconduct, without prejudice to any criminal proceedings that may take place ".

ARTICLE 30. PROTECTION OF PUBLIC SERVANTS TO DEVELOP ACTIVITIES intelligence and counterintelligence and his family. Public servants belonging to agencies that carry out intelligence and counterintelligence during the performance of its functions and activities see themselves compelled to risk or actual and imminent threat to their personal safety or that of his immediate family, have the proper protection State. For this purpose, each institution shall establish appropriate protection mechanisms.
CHAPTER VII.
DUTIES OF COLLABORATION OF PUBLIC AND PRIVATE ENTITIES.

ARTICLE 31. COLLABORATION OF PUBLIC AND PRIVATE ENTITIES. Public and private entities may cooperate with intelligence and counterintelligence agencies to fulfill the purposes set out in this law. If the requested information is covered by the legal reserve, intelligence agencies and public and private entities may enter into interagency agreements by mutual agreement. In any case, the delivery of such information does not constitute a violation to the legal reserve, since it will continue under this principle, which are bound public servants intelligence and counterintelligence under the provisions of this law. PARAGRAPH 1.
. In compliance with the terms of this law telecommunications operators they are obliged to provide the intelligence and counterintelligence, upon request and developing an authorized communication history of the same operation, technical data identification subscribers on which rests the operation and location of the cells found in terminals and any other information that contributes to location. The intelligence and counterintelligence ensure the security of this information through the CPD.
The directors of intelligence agencies will be responsible for presenting in writing to telecom operators request for such information.
In any event, the interception of communications is subject to the legal procedures established by the Constitution and the law. PARAGRAPH 2.
. Telecom operators must inform the Ministry of Communications and the Attorney General's Office any changes in the technology of their networks and make available, on time and at a reasonable cost, deploying teams interception for adaptation to network. Telecom operators should indicate the content and scope of the respective modification in advance not less than 60 calendar days from the date that is intended to carry out the same. PARAGRAPH 3.
. Telecom operators must maintain and assure bodies that carry out activities of intelligence and counterintelligence, a means of transport that allows voice calls encrypted, at cost plus reasonable profit, and for a specific number of users in conditions that do not degrade network operator or service quality this provides. This medium will be granted at the request of the Joint Intelligence; It will be exclusive to high government and intelligence and counterintelligence agencies of the State; and it will be regulated and controlled by the Joint Intelligence.

ARTICLE 32.
CHAPTER VIII.
PROVISIONS EFFECTIVE.

ARTICLE 33. EFFECTIVE DATE. This law applies from the date of its enactment.

ARTICLE 34. REPEAL AND DECLARATIONS subrogation. This law repeals all provisions that are contrary, in particular Decree 2233 of 1995, "through which the National Intelligence System are created, the National Technical Intelligence Council, the Technical Intelligence Sectional Councils ..." and Decree 324 of 2000, "by which the Coordination Center to Combat Illegal Self-Defense groups and other groups outside the law creates".

Paragraph 12 of Article 89 of Law 1098 of 2006, "by which the Code for Children and Adolescents is issued" is repealed.
The Decree 517 of 2001, "by which modifies the internal organization of the Administrative Unit of National Tax and Customs", all provisions relating to the "Intelligence Branch" by the "Branch is subrogated Prevention". In the article the 3rd literal C repealing the following provision: "intelligence work and operating derivatives thereof, made by the Fiscal Police Directorate and Customs, aimed at".
Editor's Notes "intelligence" in the literal A, "intelligence" in the literal E and "developing intelligence activities" in the literal F. ||: In article 5 the following provisions repealing |
The President of the honorable Senate,
HERNÁN SERRANO FRANCISCO ANDRADE.
The Secretary General of the honorable Senate,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives, GERMÁN
MALE Cotrino.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on March 5, 2009.

Alvaro Uribe Minister of Interior and Justice, Fabio Valencia Cossio
.
The Minister of National Defense Juan Manuel Santos Calderon
.

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