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National Security Authorities Act

Original Language Title: Valsts drošības iestāžu likums

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The Saeima has adopted and the President promulgated the following laws: the national security authorities act this Act establishes the national security concept and content, the national security authorities a legal basis, aims and tasks, duties and responsibilities, as well as to regulate the operation of those bodies, monitoring and control procedures.
Chapter one General provisions article 1. The national security concept of national security in the Republic of Latvia's political, economic, social, military and legal campaign by the public, the Administration, the judiciary and local government bodies, to safeguard the constitutional order of the country, national independence and territorial integrity, national economic, scientific, technical and military potential, to protect State secrets, the environment (ecological situation) and other vital interests of the country against external and internal threats as well as ensure the citizens ' political rights and freedoms, public and political organizations, the public and Government authorities exercising the normal functioning of the constitutional framework.
2. article. National Security Authority security institutions are national institutions article 1 of this law shows the tasks and objectives of the exercise of its competence to carry out intelligence (Counterintelligence) and operational measures.
3. article. Intelligence and Counterintelligence (1) intelligence content consists of intelligence and Counterintelligence activities.
(2) the intelligence specifically authorized national institution, whose purpose is to obtain information about foreign Governments, their institutions, organizations, or individuals intent and action (action), or may be directed against the Republic of Latvia, its vital national interests.
(3) specifically authorized Counterintelligence State institutions whose purpose is to ensure the country's constitutional machinery, national independence, national economic, scientific, technical and military potential, State secrets and vital national interests and security protection against espionage, sabotage, operator, acts of terrorism and other threats, as well as specific measures for these risks, or the termination of relief.
4. article. The national security authorities a legal basis of public security authorities a legal basis is the Constitution, this law, operational law, other laws and regulations, as well as international treaties governing national security and national economic sovereignty protection, public safety and policing tasks, subject to the obligations and rights.
5. article. National security agencies guiding principles (1) the national security institutions and to organize, on the basis of legality, subject to general human rights, in cooperation with citizens and other citizens, and on the basis of their help.
(2) national security activities is focused solely on the security of the Republic of Latvia, and it must not compromise the security of other countries.
(3) conducting intelligence (Counterintelligence) or other national security-related measures, prohibited to inflict physical or tangible personal harm, endanger the life and health of people, threatening to use or using physical means of influence.
(4) the national security activities of the nature, scale and intensity have to meet national security threats to the nature and degree of hazard.
(5) national security activities are not controlled depending on the person's nationality (citizenship), gender, ethnicity, age, place of residence, educational, social, and economic advancement of the service and the post, their political and religious beliefs, affiliation to a party or other public organizations.
(6) national security officials are prohibited from directly or act directly to political parties, organizations, movements or persons, engage the public and management of institutions, exercising prosecutorial and judicial authorities as well as social, political, and religious organizations in action to affect or influence, except when this is necessary for national security crimes and the prevention or detection of threats.
(7) no one, except the officials authorised by the particular Act is not entitled to interfere with national security authorities and their officials in action, unless it is illegal. These officials and officers for their actions are responsible in accordance with the procedure prescribed by law.
(8) national security institutions in compliance with statutory powers (competence) to the delimitation of the principle. The status of these workers should not be used otherwise than exclusively in their statutory duty. Their activities must be directed only to the objectives or tasks set out in this Act.
6. article. Protection of the rights and freedoms of individuals if the person believes that the national safety authorities with their actions have violated its legitimate rights and freedom, that person is entitled to submit a complaint to the public prosecutor, which carried out the inspection, shall issue an opinion on the public security authority in compliance with the law, action or recourse to the Court.
The SECOND chapter in the public and government bodies exercising competence in MANAGING national security authorities of article 7. Competence of the Parliament the Parliament determines the priority of this Act specified in article 10 on the key challenges and, to this end: 1) form the national security institutions, the legal basis;
2) approved budget appropriations for the national safety authorities, realizes the institution parliamentary control and use of funds allocated to the budget control;
3) ratification and denunciation of international treaties and agreements, the national security adviser;
4) appointed and released from the post of Director of the Office for the protection of the Constitution.
8. article. National Security Council competence at the National Security Council: 1) assessed national security and citizens ' protection status, internal and external threats, determine the degree of the hazard potential of these risks and neutralisation means and methods;
2) determines the priority national security authorities of the main directions and tasks;
3) controls the State security bodies and the main tasks of these institutions;
4) examine and accept the national security authorities the proposals submitted on the numerical composition, structure, function list, pay the necessary budgetary means;
5) listens to the public security authorities, the driver reports and statements, the authorities check results;
6) examine national security institution building;
7) confirms the constitutional protection Office's rules;
8) submit proposals to the Parliament for the constitutional protection Office Director's appointment, termination of Office and approved by the members of the College to this Office.
9. article. Competence of the Cabinet of Ministers, the Cabinet of Ministers exercise the executive powers in the national security field and, to this end: 1) organised by the law adopted or perform them yourself;
2) assessed national security threats, determine the threat prevention and neutralization measures and implement them;
3) provides national security infrastructure and manages their own responsibility or supervision of the existing national security authorities;
4) enforce the right of legislative initiative shall issue laws, subordinate legislation in matters of national security;
5) in matters within their competence, shall be appointed and relieved of the post of the head of the national security authorities.
The third chapter of the national organization for security authorities article 10. National security authorities, the main tasks of the national safety authorities main tasks are: 1) the political, economic, social, military, scientific, technological and other national security and environmental threats related information gathering, accumulation, analysis and use in accordance with the procedure prescribed by law;
2) State secrets and other vital State interests;
3) national security proposal, forecasting, and the development of the recommendations in the national security issues;
4) national security risks or neutralization;
5) public administration and institutions exercising timely and complete information on any national security threats;
6) for national security crimes found in the information and material submitted to the public prosecutor's Office;
7 make them certain cognitive) skills;
8) cooperation and participation in international peacekeeping.
11. article. General national security authorities (1) national security authorities set consists of: 1) the constitutional protection Office;
2) Ministry of defence Military Counterintelligence Service;
3) the Ministry of the Interior police;
4) National Guard Headquarters information service.
(2) the first paragraph of this article, the national safety authorities established under them work independently.
(3) the National Security Council, or the Cabinet, in coordination with the National Security Council or by following its decision, the State may be involved in the implementation of security measures and the provision of other public administration institutions.
12. article. National security authorities Council

(1) heads of national security is national security authorities, the head of the Council, which is the constitutional protection Office, the Office of the Director.
(2) the National Security Council of the institutions act in accordance with the National Security Council approved the Charter. National security authorities, the Council: 1) examines the national security institutions, these institutions raised the priority requirements and tasks;
2) information, its analysis and the procedures for the use of national security institutions 3) develop national security authorities the draft budget and submit it to the parliamentary National Security Commission;
4) collects national security authorities proposals and requirements, submit and maintain its national and Government institutions administering;
5) examine the draft laws and national security agencies;
6) assess the national security authorities of operational efficiency. (3) the national security authorities, the Council acting by a simple majority decision of the meetings, which are recommendations.
13. article. The constitutional protection Office (1) the constitutional protection Bureau is a non-military State security institution.
(2) the constitutional protection Office: 1) made himself as well as organized and coordinated by the national security intelligence (Counterintelligence) and operational activities;
2) gets himself as well as receive, collect, accumulate, stored, analysed and used in national security-related information;
3) provides the public and regulatory bodies and administering their officers with timely, complete and objective information in the field of State security;
4) sends the other national security authorities within their competence (obtained) received and processed (examined) for further information.
(3) the constitutional protection office is the operational entity.
(4) constitutional protection Office has the right of inquiry for crimes committed in the field of State security or national security institutions, as well as in other cases, where the conduct of the inquiry asked the Attorney-General.
(5) the constitutional protection office is subject to the National Security Council.
(6) the constitutional protection Office have the legal person.
(7) the constitutional protection Bureau is entitled: 1) ask the individual tasks of national safety authorities;
2) coordinate national security cooperation;
3) to accept and to coordinate the activities of national security agencies outside the national territory and their relations with foreign special services;
4) define national security priorities and activities of these institutions in the requirements for the adoption of the National Security Council decisions;
5) to coordinate and control the circulation of information between the national safety authorities and the use of this information in the agenda;
6) to assess the national security authorities of the usefulness of the information to its users;
7) to request and receive any public security authorities the information and documents independently from this information and the security of documents and to familiarize yourself with it (with the permission of the Director of the Office you can do specifically authorised by the constitutional protection Office). The national security authorities are obliged to provide the constitutional protection Bureau held on national security and other vital national interest related information without mentioning the source of information;
8) determine, in agreement with the relevant Governments, leaders, the order in which these institutions are to be used, as well as the technical means and all types of media if necessary statutory authorities of public security tasks;
9) take measures to ensure operational information.
its sources, operational measures and methods, as well as operational records against their unauthorized disclosure;
10) make the task of the National Security Council, national security authorities.
(8) the tasks and instructions that statutory competence given constitutional protection, the Director of the national safety authorities is required. If they are not met, the Director is entitled to institute disciplinary proceedings against the officials of the event and put it for review by jurisdiction. This decision may be appealed to the Director of the National Security Council.
(9) the constitutional protection office officers are civil servants. Some of the constitutional protection of the Fed may hold positions in the Ministry of defence and the defence forces, Interior Ministry and National Guard officers in active service.
14. p a n t s. Department of Defense Military Counterintelligence Service (1) the Ministry of defence Military Counterintelligence Service (hereinafter referred to as the Military Counterintelligence Service) is a Department of Defense institution that carries out Counterintelligence and intelligence activities of the military and are subject to the Defence Minister.
(2) the Military Counterintelligence Service: 1) acquires and uses military-political information on foreign armed forces and their intentions, that is, or may be directed against the Republic of Latvia;
2) opened and in cooperation with other national security and law enforcement authorities to prevent foreign special service, organization, another hostile force or individual action for the defence forces, disruptive and defensive structures of the Ministry.
(3) Military Counterintelligence Service Act in accordance with the regulations approved by the Cabinet of Ministers.
(4) Military Counterintelligence Service is operational.
(5) the Military Counterintelligence Service is a legal entity.
(6) Military Counterintelligence Service personnel are military personnel and civil servants and public servants.
15. article. The Ministry of the Interior Security Police (1) the Ministry of the Interior Security Police (security police), being part of the national police, is a separate stand alone service that performs the tasks laid down in this Act and be responsible for their implementation. The security police is subject to the Minister of the Interior.
(2) the security police's national security: 1) intelligence (Counterintelligence) and operational measures to combat organised and economic crime, terrorism, sabotage, operator, racketeering, corruption, counterfeiting, as well as the illicit manufacture of narcotic drugs and other (chemical, radioactive) substances, heavy gun and other weapons, unauthorized distribution of explosives;
2) Counterintelligence and operational measures necessary for the protection of the departments of the Ministry of the Interior;
3) State secrets protection Cabinet specific competence.
(3) the Security Police Act in accordance with the law «On police», this law and the regulations approved by the Cabinet of Ministers.
(4) the security police's operational activities.
(5) the security police is cognitive. It makes a statement for the crimes of its competence and in cases where the conduct of the inquiry it asked the Attorney-General.
(6) the security police is a legal entity.
16. article. The National Guard Headquarters information service (1) National Guard Headquarters information service (information service) is a national guard Counterintelligence institution. It operates under the National Guard superiors approved regulations and is subject to National Guard Headquarters Chief.
(2) information service: 1) National Guard operational information;
2) National Guard structure for counter-intelligence protection measures;
3) in cooperation with the national police, obtained information related to public safety and policing and maintenance.
(3) information service have limited operational activities. It does not have the right to carry out the operations specified in the law, operational measures in particular.
(4) information service is a legal entity.
(5) information officers are standing guard in a paid service.
Article 17. Information protection (1) the national security service of the existing institutions and officials and servants of the atvaļinātaj without the express authorisation of the head of the authority prohibited the disclosure of the information to which they have become known or available in connection with the exercise of official duties. Such information in criminal proceedings may be disclosed only with the National Security Council or national security authorities in the driver's permission.
(2) national security officials and employees give oath of secrecy: «I, _____ _____ _____ ____, swear that, without special authorisation not to tell or not to tell any authority or person to the information that I have become known or available in connection with the duties of the service ___ ___ ___ ____ ______.»
(authority name)
(3) the oath of the officials and workers, as well as the naming of order sworn down the national safety authorities.
(4) For perjury the perpetrators responsible for the rules of procedure (the rules) and in the procedure prescribed by law.
The Fourth Chapter. Service of national safety authorities article 18. Service of the national security authorities (1) the right to occupy the posts of national security institutions are the only citizens of the Republic of Latvia. The framework conditions for recruitment, professional fitness criteria and other services (work) and appointment related issues are governed by the law «on», the law of civil service of the State of the security authorities, these authorities regulations and other legislation.

(2) foreign nationals (nationals), also those individuals with more nationality (citizenship), and stateless persons in exceptional cases, may take the national safety authorities or expert adviser to the employment contract or agreement basis only for a limited time and only with the permission of the National Security Council.
(3) the public security officers in the discharge of his duties, is the power and protection of the State. This official harassment of honour, resistance to it, their life and health, as well as actions which interfere with them to perform their duties, is punishable under the law.
(4) the losses due to the service damage to the national security authority or its close relative property, fully recoverable from the State budget.
(5) national security officials in the national territory without the consent of the Attorney General is not held criminally liable, they must not be subjected to detention (also administrative detention), shaking, the forced arrival; search or view does not admit to living or service space, personal or professional vehicles. Restrictions to those penal proceedings officials do not apply when they are trapped in the crime for which 24 hours must inform the Attorney General and the national security authorities.
(6) the public security officials have not called to administrative responsibility, but there is a disciplinary punishment in accordance with the laws of the relevant national safety authorities and their laws.
(7) national security officials are all statutory social guarantees. They are provided with free medical care.
(8) national security officials are subject to the compulsory State insurance.
19. article. Public security officials the right to national security officials have the right to: 1) within their competence to receive from State and local government institutions and officials the necessary information, documents and other materials regardless of their usage behavior. The information, documents and materials to be served free of charge;
2) within their competence, free to get acquainted with all manner of national and local media, including electronic data bank files, archive material and other documents, regardless of their usage behavior;
3) warn the person and request that they cease unlawful activities and other actions that are directed against State security or it can harm, or to submit materials for such illegal activity of the Prosecutor;
4) their duties, to enter (enter) authorities, companies, organisations and individuals in owned non-residential premises and plots of land in the territory, national subdivisions of the armed forces, except for spaces and areas of the parcels, which have extraterritorial status;
5) if necessary, outside the round be provided with driving tickets in any form of public transport, but if the ticket is not, be provided with the opportunity to get on and ride these vehicles;
6) in the interests of the service free of charge to use the State and local governments, but also, in exceptional cases, individuals owned communication and publicity. Expenditure on private-owned communications and media use to reimburse if the owner so requests;
7) to store and carry service or personal weapons and special means for self-defence. The storage and carrying the agenda is determined by the national safety authorities. The use of weapons and special means, to respect the law «On police».
20. article. National security officials and restrictions on the right of the employees (1) national security officials and employees are prohibited from: 1) to take the political operation, organizing strikes, demonstrations, pickets, and participate in;
2) make another gainful activity, except scientific, pedagogical and creative work;
3) using the service in the position to decide questions involving the same officials or employees or their close relatives personal interests.
(2) national security officials and employee-owned property and its management should not be an obstacle or handicap service duties or for the officials and staff redeployment.
21. article. The public safety officers ' liability (1) the public security officials for unlawful actions are responsible in accordance with the procedure laid down by law, pursuant to article 18 of this law in the fifth and sixth requirements.
(2) For offenses not recognised so that the performance of the tasks of the service, the eligible professional risk situation, without prejudice to the legitimate self-defence or extreme necessity.
22. article. The national social security institutions ¶ officials in case of injury or death (1) If a national security officer in the performance of the service, carry out the "is sustaining the injury or disability or if they caused other damage to health and in accordance with the opinion of the medical officer no longer can perform its duties, compensation is paid in one year and five year average wage, taking into account the degree of the loss of functional capacity.
(2) if the injury causing permanent disability, the compensation paid to the five to ten year average wage.
(3) if the national safety authorities or officials of their duties, is gone, the ball family in addition to the requirements in the legislation of compensation shall be paid one-time allowance for the ten-year average salary. The death toll in officers and staff are buried on the State budget.
23. article. Public safety officers retirement public security officials the retirement pension is granted in accordance with the laws and regulations governing the defence and home affairs authorities of the retirement pension.
Chapter five the national security body, FUNDING their activities, general management and control article 24. The national security authorities, bodies and approval of the list of posts, the financing of activities (1) the national safety authorities of the numerical composition of the personnel structure and the list of posts in the institution's Development Manager and connecting procedure submitted to the National Security Council for approval.
(2) the constitutional protection Office officials pay salary, allowances, {the benefits) after a proposal of the Director of the Office shall determine the National Security Council, assigned to the national budget. The rest of the national security officials ' pay is determined by the Cabinet of Ministers assigned to the national budget.
(3) the national security activities of the State budget is financed.
(4) use of funds and internal control procedures established by the national safety authorities.
(5) details of the national security staff of numerical composition and internal structure, the post lists, finances and technical equipment is State secret. National Security Council set out the activities of the institutions and tasks also are State secrets, if National Security Council otherwise.
25. article. The national security authorities (1) national security authorities are the key challenges in control of National Security Council. Cabinet of Ministers under the control or supervision of existing national safety authorities.
(2) national security agencies carried out parliamentary control parliamentary National Security Commission.
(3) the National Security Council, is entitled to listen to the head of the national security authorities of reports and statements, as well as to familiarize yourself with these authorities the documents and information of the service, except for the documents concerning the secret sources of information.
26. article. Supervision over compliance with the law of national security authorities (1) supervision over the national security activities of compliance is made the Attorney General and his specially authorized prosecutor. Monitoring, they are entitled to consult the national security authorities to documents, materials and information. The identity of the source of information disclosed only in such cases when they are directly involved in the crime, and the Attorney General, but only his particular authorized prosecutors — only with national safety authorities driving permit; the identity of the source of information to reveal the supervisory order is prohibited.
(2) the prosecutors, which supervises the national security authorities, the obligation to protect information are the same as the officers.
(3) the national security authorities and it must be coordinated with the National Security Council. With the results of the inspection should be presented at the National Security Council, and the Parliament's National Security Commission.
(4) the public security authority are subject to judicial review of the operational activities in the cases stipulated by law and order.
Transitional provisions 1. With the entry into force of this law, the moment to declare unenforceable such provisions of the Republic of Latvia Supreme Council and the Presidium of the Supreme Council decisions:

1) Republic of Latvia Supreme Council decision «On the Republic of Latvia Supreme Council the establishment of security» (the Republic of Latvia Supreme Council and Government Informant, 1991, 35./36.nr.);
2) Republic of Latvia Supreme Council decision «on amendments to the Latvian Supreme Council decision «On the Republic of Latvia Supreme Council the establishment of security»» (the Republic of Latvia Supreme Council and Government Informant, 1991, 35/36.nr.).
2. during the two months following the entry into force of this law the Cabinet to take over the security of the Republic of Latvia in their exposure in developing during this time, new security rules.
3. when the Cabinet took over his command of the security service of the Republic of Latvia, and approved by the staff regulations, be declared unenforceable: 1) of the Republic of Latvia Supreme Council Presidium decision «On Latvian Security Service Charter approval» (the Republic of Latvia Supreme Council and Government Informant, 1992, 44./45.nr.);
2) Republic of Latvia Supreme Council Presidium decision «On Latvian Security Service staff list approval»;
3) Republic of Latvia Supreme Council Presidium decision «on amendments to the Latvian Supreme Council Bureau on June 4, 1992 decision Of the Republic of Latvia in the «security validation rules»» (the Republic of Latvia Supreme Council and Government Informant, 1993, 3,/4.nr.);
4) of the Republic of Latvia Supreme Council Presidium decision «On the Republic of Latvia Supreme Council of security service of brizantīv firearms, ammunition and chemical acquisition, tracking, storage and issue rules of procedure» (the Republic of Latvia Supreme Council and Government Informant, 1991, 49./50.nr.);
5) of the Republic of Latvia Supreme Council decision «On the Republic of Latvia Supreme Council of security guard services for renaming» (the Republic of Latvia Supreme Council and Government Informant, 1992, 6./7.nr.).
The law shall enter into force on the day of its promulgation.
The Parliament adopted the law of 5 May 1994.
The President g. Ulmanis in Riga, 19 May 1994 on