NATIONAL SECURITY ACT
Last reform published in the DOF on December 26, 2005
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE NATIONAL SECURITY LAW IS EXPECTED TO BE INTRODUCED; AND ARTICLE 50A OF THE ORGANIC LAW OF THE JUDICIARY OF THE FEDERATION IS REFORMED
ARTICLE FIRST.- The National Security Law is issued, in the following terms:
NATIONAL SECURITY ACT
Article 1.- The provisions of this Law are of general public order and observance throughout the national territory.
The aim is to establish the bases of integration and coordinated action of the institutions and authorities responsible for preserving national security, in their areas of competence, as well as the way in which the authorities of the federative entities and the municipalities will collaborate with the Federation in this task; to regulate the legitimate instruments to strengthen controls applicable to the matter.
Article 2.- It is up to the Federal Executive to determine the policy in the matter and to dictate the guidelines that will allow the actions of the agencies that make up the National Security Council to be articulated.
Article 3.- For the purposes of this Law, national security means actions that are immediately and directly aimed at maintaining the integrity, stability and permanence of the Mexican State, which lead to:
I. The protection of the Mexican nation against the threats and risks facing our country;
II. The preservation of national sovereignty and independence and the defense of the territory;
III. The maintenance of constitutional order and the strengthening of democratic institutions of government;
IV. The maintenance of the unit of the parts of the Federation mentioned in Article 43 of the Political Constitution of the United Mexican States;
V. The legitimate defense of the Mexican State in respect of other States or subjects of international law, and
VI. The preservation of democracy, founded on the social and political economic development of the country and its inhabitants.
Article 4.- National Security is governed by the principles of legality, responsibility, respect for fundamental rights of protection of the human person and individual and social guarantees, confidentiality, loyalty, transparency, efficiency, coordination and cooperation.
Article 5.- For the purposes of this Law, they are threats to National Security:
I. Acts intended to consume espionage, sabotage, terrorism, rebellion, treason, genocide, against the United Mexican States within the national territory;
II. Acts of foreign interference in national matters that may involve an affectation to the Mexican State;
III. Acts preventing authorities from acting against organised crime;
IV. Acts aimed at breaking the unity of the members of the Federation, as mentioned in Article 43 of the Political Constitution of the United Mexican States;
V. Acts aimed at hindering or blocking military or naval operations against organized crime;
VI. Acts against aviation security;
VII. Acts that attack the diplomatic staff;
VIII. Any act intended to consummate the illegal trafficking of nuclear materials, chemical, biological and conventional weapons of mass destruction;
IX. Illegal acts against shipping;
X. Every act of financing of terrorist actions and organizations;
XI. Acts intended to hinder or block intelligence or counterintelligence activities, and
XII. Acts intended to destroy or disable the infrastructure of a strategic or indispensable nature for the provision of public goods or services.
Article 6.- For the purposes of this Law, it is understood by:
I. Council: National Security Council.
II. Instances: Institutions and authorities that are directly or indirectly involved in the National Security function.
III. Network: National Research Network.
IV. Centro: Centro de Investigación y Seguridad Nacional, y
V. Confidential government information: personal data granted to an instance by public servants, as well as personal data provided to the Mexican State to determine or prevent a threat to National Security.
Article 7.- In the National Development Plan and in the program that derives from it, National Security issues will be defined.
For the elaboration of the National Risk Agenda, both the National Development Plan and the respective program will be taken into account.
Article 8.- In the absence of an express provision in this Law, the following rules of supply will be available:
I. Regarding the support to be provided by the Instances, the General Law establishing the National Public Safety System Coordination Bases will be in line with the provisions of the General Law;
II. With regard to the disciplinary regime of the public servants of the federal agencies that make up the Council, the Federal Law on Administrative Responsibilities of Public Servants will apply;
III. With reference to the judicial control of intelligence for National Security, the Federal Code of Civil Procedures and the Organic Law of the Judicial Branch of the Federation will be applicable.
IV. In the field of intervention and intervention of private communications, the Federal Code of Criminal Procedures and the Federal Law against Organized Crime will be applicable;
V. For information on Homeland Security, the Federal Law on Transparency and Access to Government Public Information will be in place, and
VI. For the rest of the aspects, the general principles of law will apply.
The matter of National Security is excluded from the application of the Federal Law of Administrative Procedure.
OF NATIONAL SECURITY AGENCIES
THE NATIONAL SECURITY COUNCIL
Article 9.- The National Security instances will have the structure, organization, and resources that determine the provisions that give them their origin.
The own intelligence activities for National Security whose characteristics require confidentiality and reserve for the success of the investigations will bea) the Federal Executive Board of the Federal Executive Board of Directors of the Federal Executive Board of Directors of the Federal Executive Board.
Article 10.- The personnel of the National Security authorities, will agree prior to their entry with the contracting institution, the secret guard and confidentiality of the information they know on or on the basis of their function.
Article 11.- The holders of the National Security institutions must meet the following requirements:
I. Being Mexican by birth;
II. Be at least 30 years old;
III. Accredit the capability and experience for the performance of the function;
IV. Be of recognized probity.
V. Not to be processed, or to have been convicted of a crime.
Article 12.- For the coordination of actions aimed at preserving National Security, the National Security Council is established, which will be integrated by:
I. The head of the Federal Executive, who will preside over it;
II. The Secretary of the Interior, who will serve as Executive Secretary;
III. The Secretary of National Defense;
IV. The Secretary of the Navy;
V. The Secretary of Public Security;
VI. The Secretary of Finance and Public Credit;
VII. The Secretary of the Civil Service;
VIII. The Foreign Secretary;
IX. The Secretary of Communications and Transport;
X. The Attorney General of the Republic, and
XI. The Director General of the Center for National Security and Research.
Members of the Council may not appoint an alternate. In the absence of the President, the Executive Secretary shall preside over the meeting.
The Council will have a Technical Secretary, who will be appointed by the President of the Republic, will depend directly on him, will have a technical team and a budget allocated in the Federation's Government Budget. It shall not be an integral part of the Council.
Article 13.- The National Security Council is a deliberative body whose purpose is to establish and articulate the policy in the matter. Therefore, you will know the following issues:
I. The integration and coordination of efforts to preserve National Security;
II. The guidelines that allow the establishment of general policies for National Security;
III. The National Security Program and the annual definition of the National Risk Agenda;
IV. The periodic evaluation of the results of the Programme and the follow-up to the National Risk Agenda;
V. International cooperation programmes;
VI. The necessary measures for National Security, within the framework of the privileges provided for in this Law and in other applicable ordinances;
VII. The guidelines for regulating the use of devices useful in private communications intervention;
VIII. The guidelines for the Center to provide assistance and collaboration in the field of Public Safety, Justice and in any other branch of the Public Administration that the Council agrees;
IX. The processes of classification and declassification of information in the field of Homeland Security, and
X. Others who establish other provisions or the President of the Republic.
Article 14.- The Executive Secretary shall have the obligation to promote in all times the effective coordination and functioning of the Council, and shall be empowered to to conclude the conventions and collaboration bases that it agrees to.
Article 15.- The Technical Secretary of the Council shall be responsible for the following functions:
I. Develop and certify the agreements to be taken in the Council, bringing its file and the legal instruments that are generated within it;
II. Carry out the necessary actions for the proper implementation and follow-up of the Council agreements;
III. Propose to the Council policies, guidelines and actions on National Security;
IV. Propose the content of the National Security Program;
V. Present to the Council the National Risk Agenda;
VI. Draw up the activity reports ordered by the Council;
VII. Deliver in time to the Bicamaral Commission the documentation and reports referred to in Article 57 of this Law;
VIII. Manage and systematize the instruments and networks of information generated within the Council;
IX. Promote the implementation of the joint actions to be agreed upon in the Council, in accordance with the bases and rules that it issues and with respect to the attributions of the related instances;
X. Conduct specialized studies in matters related to National Security by Council agreement;
XI. Take inventory of the country's strategic infrastructure;
XII. Request necessary information from federal agencies for national security explicitly required by the Council, and
XIII. The others that point to the laws and regulations, or that are necessary to comply with the previous ones.
Article 16.- The Council shall meet with the call of its President at the intervals determined by the President. In any case it shall meet, at least, bimonthly.
Article 17.- The meetings of the Council shall be of a reserved nature. For a better understanding by its members of the matters submitted to its competence, the public servants to be determined by the President of the Council may attend them.
The minutes and documents generated at Council meetings are reserved, and their disclosure will be considered as a cause of liability, as they establish laws.
Prior to the authorization of the President of the Council, consultations may also be held with experts, academic and research institutions in the related subjects with National Security.
OF THE NATIONAL RESEARCH AND SECURITY CENTER
Article 18.- The Center for National Security and Research, is an administrative body that is unconcentrated from the Secretariat of the Interior, with autonomy, technical, operational and expenditure, directly attached to the Holder of that Secretariat.
Article 19.- They are Center attributions:
Operate intelligence tasks as part of the national security system that contribute to preserving the integrity, stability and permanence of the State Mexican, to support governance and strengthen the rule of law;
II. Process the information generated by its operations, determine its trend, value, meaning and specific interpretation and formulate the conclusions derived from the corresponding evaluations, in order to safeguard the Country security;
III. Prepare studies of a political, economic, social and other nature that relate to their attributions, as well as those that are necessary to alert them to the risks and threats to the National Security;
IV. Develop the overall guidelines of the strategic plan and the National Risk Agenda;
V. Propose measures of prevention, deterrence, containment and deactivation of risks and threats that seek to violate the territory, sovereignty, national institutions, democratic governance or the rule of law;
VI. Establish interinstitutional cooperation with the various agencies of the Federal Public Administration, federal authorities, entities federative and municipal or delegational, in strict adherence to their respective areas of competence in order to contribute in the preservation of the integrity, stability and permanence of the Mexican State;
VII. Propose to the Council the establishment of international cooperation systems, in order to identify possible risks and threats to national sovereignty and security;
VIII. Acquire, manage and develop specialized technology for the investigation and reliable dissemination of the Federal Government's communications on National Security, as well as for the protection of these communications and the information that you own;
IX. Operate the specialized communications technology, in compliance with the tasks entrusted to it or in support of the government agencies requested by the Council;
X. Provide technical assistance to any of the instances of government represented in the Council, in accordance with the agreements to be adopted within the Council, and
XI. Other than any other legal provisions applicable to him or her, in the field of his or her competence, the Council or the Executive Secretary.
CENTER STAFF STATUTE
Article 20.- The mechanisms and rules for the selection, admission, appointment, training, promotion and professionalization of the staff of the Center will be governed by the Labor Statute that the President of the Republic will issue to the effect. This will ensure the training and promotion mechanisms for job security, as well as the incentives required for reliable, professional and quality service by the staff of the Center.
Article 21.- All the functions performed by the public servants of the Center shall be deemed to be of trust and are required to maintain the reservation of the information and matters to which they have access, by the nature of their duties. They may only testify in writing.
Article 22.- The Center's public servants will be subject to the reliability control mechanisms determined by the Statute.
COORDINATION FOR NATIONAL SECURITY
Article 23.- In the application of this Law and the coordination measures it establishes, the respect for the powers of the authorities will be maintained. participate.
Article 24.- When a concrete fact that attacks against the National Security and constitutes in turn allegedly a crime, the instances of the Council that know the case will decide on the opportunity of filing the complaint, without prejudice to any further exercise of the powers in the sphere of its jurisdiction to prevent and prevent threats, regardless of which correspond to the Public Ministry.
Article 25.- In the terms and areas of jurisdiction provided for under Title VI of this Law, the Executive Secretary of the Council conclude general and specific collaboration agreements to coordinate national security actions with state and municipal authorities and other entities of the Federal Public Administration.
In the same sense and to establish the terms and guidelines that guide the exercise of the privileges conferred by this Law, it will celebrate Bases of Collaboration with the agencies of the Federal Public Administration that are competent.
The Center will be auxiliary to the Public Ministry of the Federation and will provide cooperation, technical and technological support, exchange of information on organised crime and other actions to be agreed in the Council, while observing at all times respect for legal formalities, individual guarantees and human rights.
Article 26.- Regardless of the coordination mechanisms to be established, when investigating imminent and concrete threats to National Security the bodies, the constitutionally autonomous bodies and the security institutions of the federative entities, shall immediately provide the cooperation and information requested to them.
Article 27.- The instances will establish a National Information Network to serve as an instrument of support in the decision-making process.
In the formation and operation of the Network, as well as in the implementation of policies, programs and actions related to National Security, will be integrated to the effort of the Federation, that of the federative entities and the municipalities, through the Executive Secretary of the Council by means of collaboration agreements to be held, in accordance with the provisions of Article 14 of this Law.
Article 28.- The members of the Council, may request the various governing bodies and the constitutionally autonomous bodies, the information necessary for the fulfillment of the privileges granted to him by this Law.
INTELLIGENCE FOR NATIONAL SECURITY
INFORMATION AND INTELLIGENCE
Article 29.- Intelligence is understood to be the knowledge obtained from the collection, processing, dissemination and exploitation of information, for the National Security Decision-making.
Article 30.- Information may only be collected, compiled, processed, and disseminated for National Security purposes by authorized instances.
Article 31.- When exercising their own powers of intelligence production, the authorities will enjoy technical autonomy and will be able to make use of any method information collection, without affecting in any case the individual guarantees or human rights.
Article 32.- For the purposes of this Law, counterintelligence is understood to be the protection measures of the instances against harmful acts, as well as the actions aimed at deterring or countering their commission.
OF COMMUNICATIONS INTERVENTIONS
OF THE REQUEST
Article 33.- In the cases of imminent threat referred to in Article 5 of this Law, the Mexican Government will be able to make use of the legal remedies available to the Mexican Government. are within your reach, including anonymous information.
Article 34.- In accordance with the provisions of the ninth paragraph of Article 16 of the Political Constitution of the United Mexican States, the Center shall request in the terms and assumptions provided for in this Law, judicial authorization to carry out private communications interventions in the field of Homeland Security.
Communications intervention means the taking, listening, monitoring, recording or recording, which makes an authorized instance, of private communications any type and by any means, apparatus or technology.
Article 35.- The application referred to in the foregoing Article shall only proceed when it is in one of the cases referred to in Article 5 of the Law. In no other case shall the Centre be authorised to intervene in private communications.
The Judicial Branch of the Federation, in accordance with its organic law, will determine the courts to be heard of the requests for National Security present to intervene in private communications.
Article 36.- The judicial procedures that are established to authorize requests for intervention in the field of Homeland Security shall not be of a nature disputes and their procedural documents shall be of no evidence in judicial or administrative proceedings.
Where the Centre cooperates in the activities of procuratorate for justice, the interventions of private communications in which the technical assistance is provided shall have nature other than those governed by this Chapter and shall comply with the requirements and formalities laid down by the Federal Code of Criminal Procedures and the Federal Law against Organized Crime.
OF THE PROCEDURE
Article 37.- The procedure has a reserved character, so requests will be recorded in a special governance book to be handled by staff for that purpose to appoint the judge. Access to the files shall not be permitted to any person, except to the Registrar of the Court and to whom it is authorized in writing by the Director General of the Centre.
Article 38.- The application referred to in Article 34 must contain:
I. A detailed description of the facts and situations that pose a threat to the National Security under the terms of Article 5 of the Law.
Such a description will omit identification data for people, places or things whose dissemination is inappropriate, puts their safety or investigation at risk.
Notwithstanding the above paragraph, the identification data omitted from the application shall be presented in a closed envelope, related to the the accompanying application, which shall be duly identified and referred to by the judge by means of a reserved agreement which shall be subject to the application. The file that is formed with this motive, will be handled in stealth and will be kept in the secret of the court;
II. The considerations that will motivate the request, and
III. The duration of the authorization that is requested.
Article 39.- Once the application is filed, the judge must provide acknowledgement of receipt and issue within twenty-four hours of the request. request, a founded and motivated resolution in which you can grant or deny the requested authorization.
If denied, the judge shall state the reasons for his refusal and the requirements to be covered for the origin of the refusal.
The intervention can be applied to private communications and emissions, made by any means of transmission, known or to be known, or between present, including the recording of private images.
Article 40.- The judge, when issuing the resolution authorizing the requested measure, must in any case specify:
I. The identification data of the case in which it is acted;
II. The type of activity you authorize;
III. The period during which the measure is authorized;
IV. If necessary, express authorization to install or remove any instrument or means of intervention, and
V. Any assessment the judge deems necessary.
Article 41.- The control and enforcement of National Security interventions are in charge of the Center.
The judge may require periodic reports regarding the execution of the authorization, which shall at all times be in accordance with the provisions of the antecede.
Article 42.- The data obtained from the activities authorized by judicial decision shall be reserved information that only the Director may know General of the Center, persons designated by the Council and the competent federal judges.
OF THE VALIDITY OF THE AUTHORIZATION
Article 43.- The interventions will be authorized for a period of not more than one hundred and eighty calendar days. As duly justified cases of derogation, the judge may authorise the extension of that period until for a period equal to that of the original authorisation.
Article 44.- The application for an extension shall be submitted to the procedure referred to in Section II of this Chapter and shall be specified in Section II of this Chapter. considerations justifying that the intervention continues to be necessary to investigate a threat to National Security. In the description of the facts which give rise to the extension, the provisions of Article 38 (I) of this Law shall apply.
Article 45.- The staff of the court referred to in Article 37 are obliged to keep secret of the content of the applications and decisions of authorization, as well as the information generated by the application of the same, from which to become aware.
Article 46.- Companies providing or providing communications services of any kind are obliged to grant all facilities and to comply with the resolutions authorising the activities covered by this Title.
Article 47.- Any information obtained through the activities of this Chapter is part of the information of the Center, so its final destination will be determined by the Council. Persons participating in the proceedings for the intervention of communications, with the exception of staff instructed by the Director-General of the Centre, shall refrain from obtaining or keeping original or copying the information obtained through such information. measures.
Article 48.- The information and materials of any species that are the product of a private communications intervention authorized in accordance with the provisions of this Chapter, will invariably have the character of reserved. Their unauthorised dissemination shall involve liability in the terms of this Law, without prejudice to the provisions of other applicable legal systems.
Article 49.- In cases of exception, where compliance with the procedure laid down in Section II of this Chapter commits the success of a investigation and there are indications that a threat to the National Security may be consummated, the judge, by the urgency, may immediately authorize the necessary measure.
FROM ACCESS TO NATIONAL SECURITY INFORMATION
Article 50.- Each instance represented in the Council is responsible for the administration, protection, classification, declassification and access of information to generate or custodian, in the terms of this Law and the Federal Law on Transparency and Access to Government Public Information.
Article 51.- In addition to the information that satisfies the criteria set out in the applicable general legislation, it is information reserved for reasons of National Security:
I. The application of which involves the disclosure of rules, procedures, methods, sources, technical specifications, technology or equipment useful for the generation of intelligence for National Security, regardless of the nature or origin of the documents to be entered, or
II. Aquella whose disclosure can be used to update or potentiate a threat.
Article 52.- The publication of information not reserved, generated or guarded by the Center, will invariably be performed with attachment to the principle of information Government confidential.
Article 53.- The public servants who work on the instances that are integrated by the Council or the Center, as well as any other public server or any other a person who is granted access to information related to National Security, must give in writing a promise of confidentiality that they will observe at all times, even after they have ceased to be in office because of which they were granted access.
Article 54.- The person who for any reason participates or has knowledge of products, sources, methods, measures, or intelligence operations, records or information derived from the actions provided for in this Law, should refrain from spreading it by any means and take the necessary measures to prevent them from having publicity.
Article 55.- It is for the Center to define the protection, destruction, security codes in communications and other aspects necessary for the (a) the information that is generated on the basis of the national security coordination systems.
Article 56.- Policies and actions related to National Security will be subject to the control and evaluation of the Federal Legislative Branch, through a Bicamaral Commission made up of 3 Senators and 3 Deputies.
The presidency of the Commission will be rotating and will be reciprocated in a senator and a deputy.
DOF Added Paragraph 26-12-2005
Article 57.- The Bicamaral Commission will have the following attributions:
I. Request specific reports from the Center, when a law is discussed or a matter concerning their business or activities is studied;
II. Know the annual project of the National Risk Agenda and issue an opinion on it;
III. Know the report referred to in Article 58 of this Law;
IV. Know the reports of activities that the Director General of the Center sends to the Executive Secretary;
V. Know the general compliance reports of the guidelines written by the Executive Secretary to the Director General of the Center;
VI. Know of the Cooperation Agreements established by the Center and the actions they perform in compliance with these Agreements;
VII. Require the Center and the corresponding instances of the results of the reviews, audits and procedures to be performed to that institution;
VIII. Send to the Council any recommendations it deems appropriate, and
IX. The others to grant you other legal provisions.
Article 58.- In the months in which the ordinary sessions of Congress begin, the Technical Secretary of the Council shall render to the Bicamal Commission a general report on the activities carried out in the previous half-year.
The Bicamaral Commission may cite the Technical Secretary to explain the content of the report.
DOF Reformed Item 26-12-2005
Article 59.- Reports and documents other than those that are delivered periodically, may only disclose data in specific cases, once they are they are completed.
In any case, they will omit any information whose improper disclosure affects the National Security, the performance of the Center's functions or the privacy of the particular. For this purpose, no report or document should disclose any reserved information.
Article 60.- The Bicamamaral Commission must protect and protect the information and documentation provided to it, preventing its misuse, without being able to be diffused or referred to. Otherwise, the penalties that the laws prescribe will apply.
OF THE PROTECTION OF PEOPLE ' S RIGHTS
Article 61.- Public servants whose areas are related to National Security, will guide, based on the principles set out in Article 3o. the performance of their duties, preserving those of legality, responsibility, respect for fundamental rights and individual and social guarantees, confidentiality, loyalty, transparency, efficiency, coordination and cooperation that they must comply with in terms of the legal provisions governing the public service.
Article 62.- Outside of the cases and conditions provided for by this Law, no person shall be required to provide information to the public servants attached to the Center.
Article 63.- The personal data of the subjects providing information will be confidential.
Article 64.- In no case will any reserved information be disclosed which, despite having no connection with threats to National Security or with actions or preventive procedures, damage privacy, the dignity of individuals, or disclose personal data.
OF THE COOPERATION OF LOCAL AND MUNICIPAL AUTHORITIES
Article 65.- The cooperation of the powers and governing bodies of the federative entities in the role of ensuring National Security shall be established for:
I. Provide any local order information to the Network;
II. Collaborating with the federal authorities provided for in this Law, in order to achieve effective and timely coordination of policies, actions and programs;
III. Celebrate general and specific collaboration agreements that derive from this Law, and
IV. Promote the participation of the Municipalities in policies, actions and programs.
Article 66.- The governments of the federal entities, in the exercise of the powers that correspond to them by virtue of the provisions of this Title, in no case shall they be entitled to cause acts of nuisance or of any nature affecting the legal sphere of individuals.
Article 67.- In the regulation and the exercise of the privileges that correspond to the federative entities in accordance with this Title, it shall be observed Article 117, 118 and 119 of the Political Constitution of the United Mexican States are punctually stated.
ARTICLE FIRST.- This Law shall enter into force the day after its publication in the Official Journal of the Federation.
ARTICLE SECOND.- The Head of the Federal Executive shall issue the Employment Statute of the Center within nine months of the entry into force of the This Law, which must be published in the Official Journal of the Federation for full effects.
ARTICLE THIRD.- The Council shall be installed and hold its first meeting, for a period of 15 days following the beginning of the present Law.
ARTICLE FOURTH.- The Federal Executive shall issue and publish the Regulations of this Law within nine months of the entry into force of this Law. ordering.
ARTICLE QUINTO.- The Federal Executive will establish the necessary budgetary measures for the implementation of this Law.
ARTICLE SIXTH.- The autonomy of expenditure that Article 18 of this Law establishes for the Center for National Security and Research in the exercise of its budget, will be defined in the Regulation of this Law, in the terms of the applicable budgetary provisions.
ARTICLE SEVENTH.- The Judicial Branch of the Federation shall determine the courts referred to in the second paragraph of Article 35 within 45 days of the following at the entry into force of this Law.
ARTICLE SECOND.- ..........